Coronavirus (Cong. Rec., May 12, 2020)
Summary
Congressional Record, Vol. 166, No. 89, Tuesday, May 12, 2020, Senate pages S2357 and S2358. The Senate met at 10:30 a.m. and was called to order by the President pro tempore, Mr. Grassley. Mr. Grassley's remarks under Coronavirus describe Iowa businesses producing hand sanitizers and other supplies. Mr. McConnell states that Senate Republicans are preparing a major package of liability reforms, with a legal safe harbor, which Senator Cornyn and Mr. McConnell are spearheading. Mr. Schumer states that Leader McConnell has yet to schedule any legislative business this month having to do with COVID.
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Cite this document
“Coronavirus (Cong. Rec., May 12, 2020).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-05-12-crec-2020-05-12-pt1-pgs2357-7-9460e6cd79/
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Congressional Record
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116 th CONGRESS, SECOND SESSION
United States
of America PROCEEDINGS AND DEBATES OF THE
Vol. 166 WASHINGTON, TUESDAY, MAY 12, 2020 No. 89
Senate
The Senate met at 10:30 a.m. and was ica’s corners of commerce and manu- ical capacities of many areas. The pa-
called to order by the President pro facturing, in addition to threatening triotic sacrifices of the American peo-
tempore (Mr. GRASSLEY). lives and the loss of lives. The unprece- ple have worked. We have bought our
f dented effort to stop the spread has healthcare system that breathing room
shut down life as we know it, closing we needed.
PRAYER As we cautiously move forward,
schools, movie theaters, gyms, salons,
The Chaplain, Dr. Barry C. Black, of- and restaurants in a hysterical ap- major precautions will remain in place.
fered the following prayer: proach to it. Some routines will not go back to nor-
Let us pray. I always say we have had pandemics mal for a long time. But as a nation,
Eternal God, the fountain of wisdom, before, but never have we shut down we will need to regroup and find a more
we cherish Your presence and honor the government, shut down Congress sustainable middle ground between
Your Name. the way we have. Our moves have dis- total lockdown and total normalcy.
Give our lawmakers the wisdom to rupted our food supply chain and pulled Let me say that again. We need to find
live with honor, as they remember the rug out from underneath our econ- a middle ground between total
their accountability to history and omy. Yet, across my home State, Iowa lockdown and total normalcy.
You. Lord, remind them that You are While we keep battling the virus
businesses and industries stepped up to
glorified when they walk on the path of through testing, tracing, isolation,
the plate. Ethanol plants, local distill-
integrity, striving to please You in all treatment, and hopefully soon, a vac-
eries, and others teamed up to produce
they say and do. May their lives bring cine, we need to smartly and safely
hand sanitizers for hospitals, nursing
light to darkness, unity to division, begin to reopen our country. If Ameri-
homes, and local law enforcement. Oth-
and order to chaos. Lord, grant that cans want to go back to work and back
ers retooled their factories and redi-
they will become living letters read by to school in the fall, we will need to re-
rected their workforce to sew masks
those who desire to believe that You open the country. No doubt, there will
and produce face shields and other sup-
continue to rule in our world. be many discussions here in Congress
plies to replenish personal protective about more ways we can help make
We pray in Your sovereign Name. equipment for our frontline workers.
Amen. that happen.
Across Iowa, businesses have shown Already, we are hearing that House
f there is nothing halfway about the Democrats are cobbling together an-
PLEDGE OF ALLEGIANCE Iowa Way. other big laundry list of pet priorities.
I yield the floor. Even the media is describing it as a
The President pro tempore led the
Pledge of Allegiance, as follows: f partisan wish list with no chance of be-
I pledge allegiance to the Flag of the RECOGNITION OF THE MAJORITY coming law. That is exactly the wrong
United States of America, and to the Repub- LEADER approach. It is the wrong approach
lic for which it stands, one nation under God, when a senior Democrat calls this pan-
indivisible, with liberty and justice for all. The PRESIDING OFFICER. The ma- demic ‘‘a tremendous opportunity to
jority leader is recognized. restructure things to fit our vision.’’ It
f
f is the wrong approach when former
RESERVATION OF LEADER TIME Vice President Biden calls this tragedy
CORONAVIRUS
The PRESIDING OFFICER (Mrs. an ‘‘incredible opportunity . . . to fun-
HYDE-SMITH). Under the previous order, Mr. MCCONNELL. Madam President, damentally transform the country.’’
the leadership time is reserved. our healthcare sector continues to bat- The American people don’t need a
The Senator from Iowa. tle the coronavirus at every level. Doc- far-left transformation. They just need
Mr. GRASSLEY. Madam President, I tors, nurses, hospital workers, re- a path back to the historically pros-
ask unanimous consent to address the searchers, and public health leaders are perous and optimistic moment that
Senate for 1 minute in morning busi- working constantly to protect Ameri- they had built for themselves until
ness. cans and fight this invader. about 12 weeks ago. The American peo-
The PRESIDING OFFICER. Without Unfortunately, the last 2 months’ ple don’t need a far-left trans-
objection, it is so ordered. stoppage of much of our national life formation. They just need a path back
f was never going to permanently extin- to the historically prosperous and opti-
guish the virus. That task will be ongo- mistic moment they had built for
CORONAVIRUS ing. The stated purpose of this effort themselves until about 12 weeks ago.
Mr. GRASSLEY. COVID–19, as we all was to prevent a rapid spike that could American workers don’t need Wash-
SSpencer on DSK126QN23PROD with SENATE
know, has thrown a wrench into Amer- have completely overwhelmed the med- ington to inflict some far-left, extreme
∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.
S2357
.
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S2358 CONGRESSIONAL RECORD — SENATE May 12, 2020
makeover on our country. They need lowing public health guidelines to the The senior assistant legislative clerk
us to get rid of obstacles that might best of their ability. To be clear now, proceeded to call the roll.
stand in their way. One such obstacle we are not talking about immunity Mr. SCHUMER. Madam President, I
is becoming obvious. from lawsuits. There will be account- ask unanimous consent that the order
A second epidemic of frivolous law- ability for actual gross negligence and for the quorum call be rescinded.
suits could follow the actual pandemic intentional misconduct. That will con- The PRESIDING OFFICER. Without
and crush our recovery before it begins. tinue. We aren’t going to provide im- objection, it is so ordered.
Already, more than two-thirds of inde- munity, but we are going to provide f
pendent business owners say they are some certainty. If we want American RECOGNITION OF THE MINORITY
specifically worried about a legal li- workers to clock back in, we need em- LEADER
ability minefield getting in the way of ployers to know that if they follow the
reopening. The PRESIDING OFFICER. The
guidelines, they will not be left to
Already, lawyers have begun filing Democratic leader is recognized.
drown in opportunistic litigation. We
hundreds of COVID-related complaints are going to make sure it is the trial f
in courts all across our country. This is lawyers and not struggling job creators CORONAVIRUS
exactly the kind of hostile environ- who will need to clear a very high legal Mr. SCHUMER. Madam President, no
ment that could take our reopening burden. challenge in our lifetime resembles the
and recovery from challenging to In addition, I hope our bill will find depth of our current challenge. We
downright impossible. So the Senate is ways to expand existing protections for have faced diseases, recessions, and
going to act. Senate Republicans are the manufacturers of therapeutics, natural disasters, but at no time in my
preparing a major package of COVID- diagnostics, and potential vaccines— lifetime has a public health crisis on
related liability reforms to foster our things we are urging the private sector this scale been paired with such an ex-
economic recovery. This package, to produce as fast as possible. And I tensive economic disaster.
which Senator CORNYN and I are spear- hope we will be able to create new pro- Finally—finally—we are beginning to
heading, will extend significant new tections for other medical equipment see signs that the spread of this evil
protections to the people who have manufacturers, as well, like the poli- disease has abated in parts of the coun-
been on the frontlines of this response cies we put in the CARES Act to in- try—not over but at least the curve is
and those who will be on the frontlines crease the supply of masks. going down. My home State of New
of our reopening. So it is all well and good to give rhe- York is just beginning to turn the cor-
First and foremost, we are going to torical tributes here on the floor to ner, but, unfortunately, there are
protect the healthcare workers who healthcare professionals, essential many parts of the country that have
have been locked in combat with this workers, key industries, small busi- not yet reached their peak.
mysterious new disease. We are not nesses, charities, and nonprofits. Rhet- The unemployment rolls are as long
going to let healthcare heroes emerge oric is well and good. Words matter, as they have been since the Great De-
from this crisis facing a tidal wave of but actions matter more. Americans on pression. Working Americans are
medical malpractice lawsuits so that the frontlines do not just need Sen- struggling to pay rent and put food on
trial lawyers can line their pockets. ators to talk about how important the table, and many have no idea when
We aren’t going to federalize the en- they are. They need action. They need the next paycheck may arrive.
tirety of medical malpractice law, but us to provide the same kinds of com- It breaks your heart to see people
we are going to raise the liability monsense legal protections that Con- waiting for hours in their cars to line
threshold for COVID-related mal- gress has enacted a number of times up at food banks. When they are inter-
practice lawsuits. This will give our previously in difficult or unusual peri- viewed by the press, they are people
doctors, nurses, and other healthcare ods. who never went to a food bank before.
providers a lot more security as they American taxpayers deserve these That is how deep and troubling this
clock in every day and risk themselves protections as well. The men and crisis is.
to take care of strangers. women of this country just saw Con- So we in Congress have an obligation
Second, we are including new legal gress commit historic amounts of their to do the Nation’s business during this
protections for the businesses, non- own money to sweeping recovery legis- time of crisis, to be focusing on this
profits, and government agencies that lation so that we could help healthcare crisis, to help the millions of American
have kept serving throughout the crisis facilities and small businesses survive workers and businesses pleading—
and for those that will need to lead the the crisis. We are not going to stand pleading—for assistance.
reopening. idly by while a small group of wealthy The Constitution instructs us to pro-
We are facing the worst layoffs since lawyers vacuum up this relief money vide for the common welfare, but at
the Great Depression and a storm of and redirect it into their own pockets. this critical juncture in our Nation’s
uncertainty for Main Street businesses. Strong legal protections are the right history, the Republican leadership, led
Americans want to get back to work, move for doctors, nurses, hospitals, by Leader MCCONNELL, is ducking their
and we need to do everything in our schools, and universities; for workers responsibility, plain and simple. Lead-
power to help that happen. who want their jobs back, for small er MCCONNELL has yet to schedule any
Also, K–12 schools, colleges, and uni- business owners who are struggling to legislative business for the floor of the
versities right now are completely un- stay open, and for nonprofits that have Senate this month having to do with
certain about the fall. If we want helped the vulnerable; and for tax- COVID.
schools to reopen this fall, we will have payers, who want their money to fi- It has taken sustained pressure from
to create the conditions to make that nance a real national rescue and not Senate Democrats to force our Repub-
possible. If we want schools to reopen the biggest trial lawyer bonanza in lican colleagues to conduct even the
this fall, we have to create the condi- American history. routine business of holding hearings on
tions to make that possible. Senate Republicans are going to con- the coronavirus. We have had a few
If we want even an outside shot at tinue to develop this legislation. It is hearings now, but not many. Where is
the kind of brisk rehiring that Amer- going to be a redline for us in any fu- the SBA Administrator to talk about
ican workers deserve, we have to make ture coronavirus legislation. The ad- the problems in PPP? Where is Sec-
sure opportunistic trial lawyers are not ministration has already stated its retary Scalia to talk about the prob-
lurking on the sidewalk outside every
SSpencer on DSK126QN23PROD with SENATE
support for action on this issue as well. lems in unemployment insurance?
small business in America, waiting to American heroes across our country Where are the OSHA executives to talk
slap them with a lawsuit the instant deserve these basic protections. This about how we protect workers from
they turn the lights back on. Senate majority will make sure they this pandemic, particularly when they
Our legislation is going to create a get them. are required to go to work? They are
legal safe harbor—safe harbor—for I suggest the absence of a quorum. not around.
businesses, nonprofits, governments, The PRESIDING OFFICER. The Even the hearings we are having are
and workers and schools that are fol- clerk will call the roll. slow. They are sort of eked out like
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