Senate Floor Remarks on Coronavirus — Congressional Record, Senate, March 18, 2020
Summary
Page S1800 of the Senate section of the Congressional Record for March 18, 2020, with floor remarks on the coronavirus. A speaker says a couple of weeks earlier Congress and the President reacted with $8.3 billion to help beef up the public health system, and that a bill passed that day, which some people have estimated at $100 billion, includes encouraging more testing, a new system of paid leave for businesses of less than 500 employees, and family leave. The speaker refers to a step 3 that, according to the President's proposal, would include direct financial payments to Americans and support for essential businesses such as the airlines, and says the auto industry across the country is closing down, at least temporarily.
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“Senate Floor Remarks on Coronavirus — Congressional Record, Senate, March 18, 2020.”
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S1800 CONGRESSIONAL RECORD — SENATE March 18, 2020
are experiencing and more will experi- This is an unprecedented time in our Now, what shall we do about it?
ence in the future, could Americans country. I cannot remember a time in Well, a couple of weeks ago, Congress
please see that I and my colleagues are my life or in our history when the gov- and the President reacted with $8.3 bil-
taking every step not to make this a ernment has literally closed down the lion to help beef up our public health
political exercise but to demonstrate country in order to contain a disease. system. We have the best public health
our care and concern for those we rep- That is literally what we are doing. system in the world, and we wanted to
resent. Whether it is the Federal Government help it get started.
I mentioned a moment ago about vet- by its travel restrictions, or whether it Today, we passed a bill that some
erans. This is the point in time in is the State governments suggesting people have estimated at $100 billion,
which, if you take a walk on the Na- that schools be closed, or whether it is which includes a whole variety of other
tional Mall, as I have often done, to mayors saying that restaurants must steps from Democrats and Republicans
walk to the Lincoln Memorial, I will be closed, we are closing down the that includes encouraging more test-
walk by now the World War II Memo- country to contain a disease. Because ing, that creates a new system of paid
rial; I will walk by the Vietnam Wall; the government is doing that on behalf leave for businesses of less than 500 em-
and on my return, I will walk by the of all the people, we are going to have ployees, and family leave.
Korean War Memorial. We should hold to pay the costs of closing down the As Senator MCCONNELL said, we are
those veterans—those military men country to contain this disease. going to stay here this week until we
and women who are honored in those Today, the news is that the auto in- take step 3. And step 3, according to
settings—as our role models. We should dustry across the country is closing the President’s proposal, would include
do that every day, but could we please down, at least temporarily. There are direct financial payments to Ameri-
do it over the next few weeks, the next layoffs. cans; it would include support for es-
few months, and into the next year as I have watched over the last 40 years sential businesses that need stabiliza-
we try to address the challenges that as Tennessee has gone from almost no tion like the airlines; and it would in-
America faces today. No person memo- auto jobs to proudly calling itself, in clude loans to small businesses so they
rialized in those settings fought and many ways, the No. 1 auto State. One can keep their employees working.
sacrificed their life for a Republican or hundred forty thousand Tennesseans Perhaps that proposal would be good
for a Democrat. They sacrificed be- work in auto jobs in Tennessee; that is for that small kennel I talked about.
cause they believed they could make one-third of all of our manufacturing That is said to cost perhaps another
life better for the folks back home— jobs. They are spread through 88 coun- trillion dollars. A trillion dollars is a
their own family members, their neigh- ties. And over these 40 years as textiles lot of money, even in the United
bors, and people they didn’t know. and other industries moved away from States. Our gross domestic product is
They sacrificed because they believed the United States and out of our State, about $22.3 trillion. We have 25 percent
they could make the world a more safe the auto companies moved in—vir- of all the money in the world in this
and secure place. I pledge myself in tually into every county—and our fam- country just for 5 percent of the people.
every way possible to see that I do the ily incomes went up. So if we are, in But the idea that we would have to
things today, tomorrow, and into the many ways, the No. 1 auto State, then spend a trillion dollars or more to con-
future that mean that this Congress we are the No. 1 State to be hurt when tain a disease would be unthinkable a
has come together on behalf of the the auto plants begin to close. few weeks ago, but what we have
American people, just like those who We are also hurt, as are citizens in learned very quickly is we are going to
served our country did and now rest in every State, when the restaurants shut have to pay the cost of containing the
peace. down. Fifteen million Americans work disease because the way we are con-
To the Democratic colleagues here in in restaurants. It is one of our largest taining it is that the government is
the Senate, please consider me open to industries, if not our largest industry. shutting down major parts of our econ-
their suggestions. And to my Repub- Almost all of those workers are being omy. I don’t believe that what we do
lican colleagues, please know that I am laid off in Tennessee and in many other today or what we propose to do later in
an ally in the things that we believe in. places in the country and even more the week will be enough because, as I
But we may all need to give a little so will be. look at the number of people being laid
America can return, Americans can be Not all of those affected are working off in this country, our State unem-
safe, Americans can be secure, our for big auto companies or medium- ployment agencies are not going to be
health is protected, and our economy sized restaurants. I received an email able to deal with that.
flourishing. yesterday from friends in Tennessee In Tennessee, for example, where un-
I would ask God in these cir- who run a kennel. Well, you may say employment has been very low and
cumstances to bless this country, to that is not so important. Well, it is im- where people have found it easy to find
bring us together, hold us in his arms portant to a lot of us. They say: a job, there were only 2,000 applications
in a way that we can’t do today, and to We are . . . suffering a massive drop off in for unemployment insurance last week,
make certain that this Congress rep- our business as a result of the Coronavirus. I but already this week by 2 p.m. on
resents the will of the people, not the fear we may have to close our doors for a Wednesday, in the middle of the week,
will of any political party. month or two (hopefully not that long), as there were four times that many appli-
I yield the floor. our wonderful customers are forced to cur- cations, 9,177. If you are successful in
The PRESIDING OFFICER. The Sen- tail travel. I am currently trying to secure unemployment compensation in our
around $50,000 in loans to supplement our State, you get $257 per week for 26
ator from Tennessee.
dwindling reserves to see us through until
Mr. ALEXANDER. I ask unanimous weeks.
May [or] June. I am currently applying . . .
consent to speak for as much time as I for SBA disaster relief. This precipitous drop
So we are going to have to do even
may require. in business comes on the heels of major flood more than the Congress has done, even
The PRESIDING OFFICER. Without damages to our fencing [caused] by the [re- more than the President has done, and
objection, it is so ordered. cent] floods . . . our flood insurance refuses I think we have to recognize that the
f to cover [that]. We are not seeking charity, President was wise on January 31,
just a business loan from $30,000 [to] $50,000 when we only had six cases of
CORONAVIRUS to secure our business until it passes. We al- coronavirus detected in the United
Mr. ALEXANDER. Madam President, ways pay our way. States, to impose the strictest travel
I congratulate the Senator from Kan- This couple has two young children bans on people coming into our coun-
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sas on his eloquent remarks, expressing and maybe a couple of employees in try in 50 years. Dr. Fauci, whom all of
the feelings—certainly mine and those, their kennel. They are awfully good us respect, said if he hadn’t done that,
I believe, of virtually every Member of people. They are salt-of-the-earth Ten- we would have many more cases today.
this body—that we are here not as nesseans. They are like many Ameri- Still, we have a disease that is caus-
Democrats or Republicans but to work cans who are suddenly confronted with ing the governments—this one, the
together to do whatever we can to ad- this disease that just came out of the State government, the local govern-
dress the concerns that are literally blue and has caused our government to ment—to shut major parts of our econ-
unprecedented. shut our country down. omy down. That is why I voted today
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March 18, 2020 CONGRESSIONAL RECORD — SENATE S1801
for the legislation that was phase 2 in Treasury makes the argument that, far is going to require it, Washington, DC,
our effort to respond to that, even from imposing special burdens, the net should pay for it. If Washington, DC, is
though I have significant issues with effect of this legislation is to provide going to require a small business—
the sick leave and family leave pro- an important benefit given that many many of which are struggling and
posals that are part of it. I believe already provide sick leave and that many of which are going out of busi-
those provisions, while well-intended many more will need to do so in re- ness—to pay a mandate, Washington,
by the administration and by the sponse to the COVID–19 outbreak. DC, should pay for it.
House of Representatives, will hurt Moreover, by structuring coverage for This is no time to be imposing on
many employers and will shortchange paid sick leave as a credit, the legisla- small businesses an expensive, new
many employees. tion ensures that employers generally mandate—an unexpected new cost—
First, to be fair, I want to try to receive relief immediately rather than when they don’t have money coming in
make sure that what the Treasury in- having to wait for refunds. to pay for the normal costs that they
tends to do is on the record. I have had In the event the amount of the credit had. I know it is the Secretary’s goal
several conversations with the Sec- exceeds an employer’s tax liability, the to let it work this way, for he has told
retary of the Treasury and with other credit is made refundable to ensure me this, and he has told all of us this.
officials to ask them just what they in- that the employer is fully compensated He has said it in public and has put out
tended to do and to list the problems for all payments made under the leave a statement.
that I had. So here is what they say— requirements. The Treasury goes on to Under the sick leave proposal, every
and I am characterizing the conversa- write that the Treasury and the IRS couple of weeks, a businessman will
tions and the writings we have had. are working on options to provide an put aside enough money for with-
They pointed out that what many advance payment of the credit in order holding and social security taxes. That
businesses have read is in this bill was to get cash in the pockets of small adds up to about 15 percent of an em-
what was in the draft of it that the businesses and their employees imme- ployee’s salary. What the Treasury is
House passed on Friday before tech- diately. saying is that the employer can use
nical corrections were made over the The intent of the legislation, the that money. Instead of setting it aside
weekend and that the technical correc- Treasury argues, is to fully fund the for the government, the employer can
tions greatly improved the bill from payments employers make to their em- use it to pay sick leave.
the point of view of employers. ployees who experience employment There are two problems with that.
The Treasury Department writes One is that I don’t like the idea of the
interruptions related to the COVID–19.
that, under the legislation, employers In summary, according to the De- employer’s using the employee’s tax
receive a dollar-for-dollar refundable partment of the Treasury, the amended money. You usually get in trouble for
tax credit for the COVID–19-related legislation does not require employers that. If I were to set aside the Senator
sick and family leave payments made to make payments in excess of from North Dakota’s tax payment and
to their employees. As amended—they amounts eligible for the refundable tax then use it for some purpose, you could
made the technical corrections over
credit and does not require employers go to jail for that in some cases. At
the weekend—the credit is carefully
to pay employment taxes on those least it is inappropriate. I am uncom-
calibrated, in the Treasury’s words, to
amounts. To the contrary, it provides fortable with that. A business might
ensure that there is no sick or family
an important and immediate benefit to only have 7.5 percent of the salary set
leave requirement in excess of the
small businesses and their employees aside for that purpose, but even if it is
credit. The legislation now also in-
for whom financial assistance is needed 15 percent, I am not sure it is enough.
cludes explicit grants of regulatory au-
as quickly as possible. That has been The Treasury Secretary said the
thority to both the Secretary of Labor
the argument of the Secretary of the Treasury understands that, so it will
and the Secretary of the Treasury to
Treasury and his subordinates in con- allow advance payment, and it hopes
ensure consistency between the leave
versations with many of us over the that it can come up with a system that
requirements and the credit provisions.
In addition—and this is what the last few days. That is their intention. would get it there immediately. He
Treasury officials have been saying to Now, I read that in detail because, in hasn’t promised that it would come in
us over the last few days—the legisla- the Dakotas, in Tennessee, and in 1 day. I am sure, if he were here on the
tion now provides that the sick and many places all across this country, if Senate floor, he would like to say his
family leave payments are not consid- my figures are right, there are about 6 objective would be to get it there on
ered wages for employment tax pur- million businesses that could be af- the same day. Well, wanting to get it
poses. The legislation now extends the fected by this mandate, businesses that there on the same day and getting it
employer credit to include costs for the employ 51 million employees—or at there are two different things.
maintenance of health benefits that least that did employ 51 million em- If I am a small business person in
are paid by the employers while em- ployees until all of the problems that Tennessee and know that I am going to
ployees are on leave. have been created by this virus. have to cut a payroll check on Monday
Lastly, the Treasury and the Internal In my having tried to be fair in giv- and that I have no money coming in to
Revenue Service are considering op- ing you what I understand the Treas- pay for it and that there is not enough
tions to provide an advance payment ury’s intention to be, which I think money in my escrow account to pay for
for the refundable credit to ease any will be useful to the owners of small it, I would want my money from the
tax flow burden that a small fraction of businesses, to their accountants, and Federal Government before I would cut
employers may experience. I will have to their lawyers, who are trying to fig- the check.
more to say about that in a minute, ure out the law that was passed today, So I intend to try to amend the legis-
but in plain English, what that means here are my problems with it. lation that we passed this weekend to
is that they are considering a way to No. 1, I am not sure that the Treas- say that, with sick leave and paid fam-
make sure that, before the employer ury can live up to its promise to make ily leave, since Washington is requiring
has to pay this required family leave to sure that the employer has the money it and Washington is paying for it, then
an employee, the Federal Government from the Federal Government before Washington will need to make sure the
has given the money to the employer. the employer has to pay the sick leave employer has the money before the em-
Besides this, the legislation now in- to the employee. ployer has to write the check. That is
cludes an explicit grant of authority, Here is my principle. I think, in these No. 1.
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the Treasury writes, to the Secretary circumstances, sick leave and family No. 2, I want to make sure that the
of Labor to exempt small businesses leave are a good idea. I mean, if some- employer doesn’t have to pay more on
from the only long-term leave require- one is quarantined for 2 weeks, I think sick leave than the Federal Govern-
ments it contains where those require- all of us should have to pay the cost of ment’s cap. There is a cap that, I
ments would result in financial hard- that and, for another 10 weeks, some of think, is about $132,000 annualized pay
ship. the cost of the medical and family on sick leave. If an employee makes
In its conversations with me and in leave. I buy that, and I can support more than that, that employee is going
the writings that it has sent out, the that. Yet I believe, if Washington, DC, to have to take a pay cut or he or she
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S1802 CONGRESSIONAL RECORD — SENATE March 18, 2020
might use the private right of action to ing to be used. I mean, why shouldn’t exposed every day and concerned. They
sue the employer and say: I want you the Mayo Clinic or the Cleveland Clinic are just average citizens asking: How
to pay the gap between the $132,000 and be able to go ahead and develop tests can I get a test and where?
whatever I made. and move ahead with them? Now, they I have heard from the presidents of
You may say, I am not too sympa- can. While we have done a great deal, our major universities, the head of our
thetic to the employee who makes that there is a great deal more that we must hospital system, our Governor, and my
much money. Yet I am not talking do. colleagues in our congressional delega-
about being sympathetic to the em- I am convinced, even if we do as Sen- tion. We have talked repeatedly to our
ployee; I am talking about being sym- ator MCCONNELL has said and pass our director of public health, our secretary
pathetic to the employer who may not phase three legislation this weekend, of health and human services, and I
have any money. Remember, this is a which would include loans to small have heard from business owners, large
Washington mandate, and Washington businesses, direct payments to individ- and small, who run everything from
should pay for it. Through technical uals, and stabilizing payments to air- coffee shops and diners to restaurants
changes this past weekend—and it said lines, for example, and maybe to other and hotels in our State. There is a lot
so in the information I just read—the industries, that there is more to do. of anxiety and concern.
Treasury Department has amended the My guess is that the next step after The folks in my State want to know
bill to try to make that clear, and I that—phase four, let’s call it—will be that we here in Washington are going
hope that it is successful. to look to our State employment com- to put the partisan bickering aside,
No. 3 is with regard to layoffs, and I pensation systems and make sure they find answers, and get resources out to
mentioned the restaurant industry. are able to handle the large numbers of deal with this significant public health
There are 15 million people who work people who are losing their jobs be- emergency.
in the restaurant industry. If they are cause the government is shutting down And so I hope folks take some en-
not laid off now, they are going to be the economy in order to contain the couragement from today’s actions. It
mostly all laid off before very long. Un- disease. passed 90 to 8. Very little passes in this
fortunately, none of those men and I voted for the Johnson amendment Senate 90 to 8, and I have very rarely
women who have been laid off are eligi- today, which was to the bill for which seen a bill of this size, scope, and mag-
ble for this sick leave because you are I later voted, because I thought it was nitude that goes from an idea to bill
going to have to work for 30 days for headed in the right direction. Rather text, to enactment in such a short pe-
this small business, for this company than Washington’s issuing mandates, I riod of time, but this moment demands
with fewer than 500 employees, in order would rather Washington work with it.
to be eligible for the paid sick leave. the States in an existing program and Let me talk through, also, the prior-
I am afraid, as a result of this, many ities that are reflected in the Families
make sure that States have sufficient
employers who are worried about this First Coronavirus Response Act, be-
funding on top of their own funds to
provision may have an incentive to lay cause the name reflects the priorities.
deal with the large numbers of auto-
off more of their employees. The truth Hubert Humphrey, who is a former
workers, restaurant workers, and
is that one doesn’t need much more in- leader in the United States in our po-
centive because you are a restaurant workers at the small kennel that has
two or three employees. In addition to litical community and system, once
and have been told by the local health said, ‘‘The moral test of our govern-
board to close down. You don’t have that, I believe the figure in the weekly
fund is going to have to be higher than ment is how it treats those who are in
any money coming in, and you can’t the dawn of life, the children; those
pay your employees anyway, so you the $327 that it is in Tennessee.
This is unprecedented. We are closing who are in the twilight of life, the el-
don’t have any choice. My point is that
down the economy in order to contain derly; and those who are in the shad-
this is a very limited benefit in the res-
the disease. Because we are doing that, ows of life, the sick, the needy and the
taurant industry and, probably, in
we governments at all levels are going handicapped.’’
many other industries because it does I am pleased that the package just
not help the laid-off employee. to have to pay the bill.
I yield the floor. passed here in the Senate takes impor-
Finally, there has been a lot said
The PRESIDING OFFICER (Mr. tant strides to take care of exactly
with regard to the smallest compa-
CRAMER). The Senator from Delaware. those folks. Children home from
nies—those with fewer than 50 employ-
ees—in that they can apply to the Sec- f school, who need support for learning
retary of Labor and he will make you remotely, and those, in particular, who
CORONAVIRUS rely on school lunch programs for their
exempt from the mandate. I think that
Mr. COONS. Mr. President, the Sen- one good, stable healthy meal a day,
is a good idea because this is the small
mom-and-pop diner or it might be the ate of the United States has just acted. will be able to continue to get school
kennel that I just talked about that It has taken up and passed a roughly lunches delivered, either through their
might have three or four employees $104 billion package of assistance that schools or at home. There are signifi-
and that is not accustomed to dealing will go out to American families, to cant resources in this bill for that.
with all of this Washington legalese American workers, to our healthcare Those who are on the frontlines of this
and its requirements and regulations. system, to our States, and to our com- crisis, the individuals who are cleaning
It is not geared up for that. munities. I want to take a few minutes offices and cleaning hospital rooms and
As I read the language in the law, it to talk about this important step we cleaning Amtrak cars and public buses,
is a much narrower exception than have just taken and where we have to those who are putting themselves di-
that, so I am going to attempt to go next. rectly at risk by cleaning the spaces we
amend the law that passed today in The Delawareans I have heard from all count on for our society, frontline
order to broaden the exception so the today and this week and this month workers, people who are in our first re-
Secretary of Labor has more authority are worried, and they are anxious. sponder community, people who are
to waive the mandate for businesses They have been up all night and are working in our hospital emergency
with fewer than 50 employees. trying to figure out how they are going rooms—this provides support for them.
As I said, there are a number of im- to care for their children who are home And for anyone who is concerned
portant benefits in the bill that we from school and need support and in- about the cost of access to testing, this
passed today, especially on testing. We struction and how they are going to bill makes clear that testing for
SSpencer on DSKBBXCHB2PROD with SENATE
have seen a great increase in the num- care for their parents who are vulner- COVID–19, for this dreaded disease
ber of available tests over the last few able and elderly and sick. They are caused by the novel coronavirus, will
weeks. The Governor of Tennessee said concerned about our hospitals and our have a test for free, including those
yesterday that we have sufficient test- healthcare system and its capacity. without health insurance.
ing. Well, that is for today but maybe They are anxious because they are There are some big pieces in this bill
not for tomorrow or the next day. frontline workers, they are first re- that I will briefly mention. There is
One of the greatest steps forward has sponders, and they are volunteer fire- paid emergency leave for workers at
been to finally allow commercial test- fighters, nurses, and orderlies, who are companies below 500 employees for 2
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