Congressional Record, Senate, May 12, 2020 — Coronavirus (S2358)

Summary

Page S2358 of the Senate section of the Congressional Record for May 12, 2020. One speaker says Senate Republicans are preparing a package of COVID-related liability reforms that Senator Cornyn and the speaker are spearheading, with protections for people on the frontlines and for manufacturers of therapeutics, diagnostics and potential vaccines, and says it is not immunity from lawsuits. Schumer then speaks under the heading Coronavirus about the scale of the public health and economic crisis and about testing, including a call to New Rochelle's mayor.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Congressional Record, Senate, May 12, 2020 — Coronavirus (S2358).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-05-12-crec-2020-05-12-pt1-pgs2358-2-80cc15f703/, SHA-256 67d1035fda719002b45c79eda92e685de3a766d8493d11a2b583be43f6b098fd.

Full text

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A second epidemic of frivolous law- ability for actual gross negligence and for the quorum call be rescinded.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

VerDate Sep 11 2014 01:21 May 13, 2020 Jkt 099060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G12MY6.001 S12MYPT1
May 12, 2020 CONGRESSIONAL RECORD — SENATE S2359
toothpaste from a tube. The word is we The President’s words are reckless— of this quarantine? He said he needed
are hearing from Mnuchin and Powell constant belittling of the crisis, ignor- enough testing so that he could test
on the 19th. That is close to 2 months ing the crisis, burying the truth, and every person in New Rochelle, and
after we passed COVID 3. That is not burying his head in the sand—and it those who tested positive, he would say
oversight. That is not Congress’s job— has prolonged and made the crisis they have to quarantine and stay
at any time. It is made even worse be- worse, and the American people know home, and those who didn’t could go to
cause we are in a crisis. it. work and shop in the stores and get our
Then, last night, amazingly, the Re- That is why he lashes out—the Presi- community going.
publican leader explained that Repub- dent does—at reporters who ask him Most of the countries—I think just
licans have ‘‘not yet felt the urgency of fair questions. That is why. He knows about every one of the countries that
acting immediately.’’ Let me repeat he is to blame for a good part of the has dealt successfully with the
that. With millions of Americans sick depth and prolongation of this crisis. coronavirus has had far more testing at
and tens of thousands dying, with de- He knows that. Yet he can’t bring him- the right times and the right places
pression levels of unemployment, the self to face the truth. He can’t bring than we have.
Republican leader, Senator MCCON- himself to tell the American people the Maybe Dr. Fauci can set things
NELL, said that Republicans have ‘‘not truth. Pitching quack medicines, tell- straight this morning. Dr. Fauci and a
yet felt the urgency of acting imme- ing people it is going to go away, say- few other administration officials are
diately.’’ ing yesterday ‘‘that we have met the testifying before the HELP Committee
We live in a divided nation, but one moment and we have prevailed.’’ What remotely. It will be one of the first
thing that pretty much everyone planet is he on? times that Fauci and the others have
agrees on is that there is a great deal More than 30 million are unem- appeared publicly without the Presi-
of urgency right now. ployed, and ‘‘we have prevailed’’? There dent lurking over their shoulders,
Leader MCCONNELL, there is nothing are 1.3 million infected and 80,000 modifying their answers, or directly
more urgent to a family that is strug- American fatalities, and those numbers contradicting their advice.
gling to feed their children and keep a are still growing. And ‘‘we have pre- Dr. Fauci, please don’t pull any
roof over their heads. Leader MCCON- vailed’’? punches, particularly when you are
NELL, there is nothing more urgent to a
The President’s comments show a asked questions. We know the White
small business owner who is inches stunning disregard for the truth, and it House may have to approve the state-
away from closing the doors of his hurts every American. I don’t care ment you make, and they will mute it.
life’s work. The Republican leadership what your politics is. No one should It was muted this morning and very
needs to wake up—wake up—to the dire tolerate a President who ignores the technical. But you don’t have to do
economic reality tens of millions of
truth, says whatever pops into his that when the questions are asked.
Americans are facing.
head, whether it is true or false or dan- Don’t pull punches. Tell the American
We must pass big, bold legislation to
confront the crisis before us. That is gerous, and then moves on his merry people the truth. Dr. Fauci, you have
just what the House of Representatives way to speak the next untruth and talk an obligation to tell the American peo-
is working on right now. We don’t be- about the next quack cure. ple the truth because only that will
The President’s comments show a save lives and reduce the economic
lieve that our two parties will agree on
stunning disregard for the truth. It length of this crisis. And, Dr. Fauci,
everything we must do, but at the very
least—at the very least—we should may have been in the Rose Garden and maybe if you tell the truth in this op-
agree there is an urgency to provide re- not on the deck of a battleship, but portunity—a hearing without the
lief to our citizens who are suffering President Trump saying ‘‘We have pre- President looking over your shoulder—
and struggling. vailed’’ is akin to declaring ‘‘mission maybe your testimony, Dr. Fauci—I
President Hoover lacked the urgency accomplished’’ long before the battles hope your testimony, Dr. Fauci,
to get the Federal Government in- are over and the war is won. reaches not only the American people
volved at the outset of the Great De- Later on, the President, as usual, but a President who is ready to throw
pression. Every history book teaches tries to correct what he said—or his ad- caution to the wind in order to reopen
us that his error prolonged and likely visers do. He said he only meant test- the country. Please, Dr. Fauci, don’t
deepened the suffering of American ing, that we have prevailed on testing. pull punches.
workers. When Republican leader looks But that is false too. Even the correc- f
at unemployment numbers and say tions are false. The United States is
testing about 300,000 people a day. Most TRUMP ADMINISTRATION
that we don’t need to act immediately,
that government has done enough al- experts believe the number is inad- Mr. SCHUMER. One final matter
ready, they are the latter-day Herbert equate to stop this outbreak and en- today. Today, the Supreme Court will
Hoovers, and I fear it could lead to sure that when we reopen, we do so hear oral arguments in a case that will
similar results, a deeper and longer re- safely. We have prevailed on testing? determine whether the President can
cession, and—God forbid, but it is not Not remotely. block access to his tax returns and
out of the question—a second Great De- Here is what is so ironic about the other financial documents.
pression because of the inaction and in- President hiding his head in the sand You may not think this is related to
competence of the President, being fol- and not tackling the testing issue in a COVID, but in a certain sense, it is. In
lowed obediently, wrongly by the Re- real way. He is desperate that we get a sense, the case about the President’s
publican Senators. back to work, but the only way to get tax returns has something in common
The lack of urgency in the Repub- back to work is when we have enough with the President’s response to
lican Party extends down Pennsylvania tests—not just for those who are very coronavirus: President Trump wants to
Avenue to the Oval Office. From al- ill but for anyone who wants it. You hide the truth. He wants to hide the
most the very beginning of this crisis, know, the White House—they all test. truth about coronavirus and the depth
President Trump has downplayed its Anyone who walks in the White House of the problem and how we deal with it.
severity and tried to wish it out of ex- is tested. Why isn’t that good enough He wants to hide the truth and not re-
istence. for all the American people? lease his tax returns.
The President said coronavirus might Why is it that even in States that For 40 years, every President has dis-
disappear ‘‘miraculously’’—his word. have opened up, like Georgia, the closed his personal financial informa-
stores are still empty? Because people tion to avoid even the perception of im-

SSpencer on DSK126QN23PROD with SENATE
He said it was a hoax. He said the warm
weather might take care of it. He are worried, justifiably. The way to re- propriety or self-dealing, but this
pitched quack medicines and specu- move that worry or at least greatly re- President has used every avenue to
lated that a vaccine could be ready in duce it is to make sure everyone can be deny such transparency. What is Presi-
2 months. Two months ago, the Presi- tested. dent Trump hiding in his taxes? The
dent said that ‘‘anybody who wants a When New Rochelle became the first President is not an ordinary citizen
test can get a test,’’ which is not even quarantined city, I called the mayor anymore; he is President of the United
close to being true. and said: What do you need to get rid States. The American people have a

VerDate Sep 11 2014 01:21 May 13, 2020 Jkt 099060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G12MY6.003 S12MYPT1

File and source

File: CREC_crec-2020-05-12_crec-2020-05-12-pt1-pgs2358-2.pdf
Size: 217,043 bytes
SHA-256: 67d1035fda719002b45c79eda92e685de3a766d8493d11a2b583be43f6b098fd
Our copy: CREC_crec-2020-05-12_crec-2020-05-12-pt1-pgs2358-2.pdf
Original: www.govinfo.gov