Congressional Record — Senate, May 19, 2020, Page S2498
Summary
Page S2498 of the Senate section of the Congressional Record for May 19, 2020, in interleaved columns. Mr. Inhofe asks unanimous consent that a resolution and its preamble be agreed to, and the Presiding Officer orders it without objection. A speaker says the end of the tunnel is getting brighter, cites talks with Texans for Lawsuit Reform and the Texas Civil Justice League, and argues that opportunistic litigation can win a nuisance settlement because of the cost of defense, which is that speaker's view. A tribute describes a man named Charlie who began his lifelong occupation at a funeral home in Wellman, IA.
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“Congressional Record — Senate, May 19, 2020, Page S2498.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-05-19-crec-2020-05-19-pt1-pgs2498-2-4db7c7257c/
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S2498 CONGRESSIONAL RECORD — SENATE May 19, 2020
Mr. INHOFE. I ask unanimous con- the end of the tunnel is getting a little prove causation, we know that, in jury
sent that the resolution be agreed to, bit brighter, but there is still a whole trials, anything can happen and that
the preamble be agreed to, and the mo- lot of work that needs to be done. Yes- this is not enough to stop opportun-
tions to reconsider be considered made terday, I spoke with some of my friends istic litigation from trying to either
and laid upon the table with no inter- at Texans for Lawsuit Reform, the get a successful jury verdict and judg-
vening action or debate. Texas Civil Justice League, and a num- ment or just a nuisance settlement be-
The PRESIDING OFFICER. Without ber of other business stakeholders cause of the cost of defense.
objection, it is so ordered. about the critical need for liability Across the country, we are already
The resolution (S. Res. 583) was protection in our next piece of seeing coronavirus lawsuits rolling in,
agreed to. coronavirus legislation. targeting not only our healthcare
The preamble was agreed to. We are already seeing that, across workers and businesses but nursing
(The resolution, with its preamble, is America, there is a wave of COVID–19- homes, assisted living facilities, uni-
printed in today’s RECORD under ‘‘Sub- related lawsuits rolling in. Without ac- versities, governments—you name it.
mitted Resolutions.’’) tion on our part, there is genuine fear Without action from Congress, the
f that these lawsuits could hurt the very litigation epidemic will be a big one
EXECUTIVE CALENDAR—Continued people we need to be helping right now and will add insult to injury from this
get through this weakened economy. pandemic. We simply cannot allow this
Mr. INHOFE. I yield the floor. One of the Texans on the call talked
I suggest the absence of a quorum. tidal wave of lawsuits to sweep away
about the vast challenges our our healthcare workers, nonprofits,
The PRESIDING OFFICER. The healthcare workers have faced over the
clerk will call the roll. and businesses who followed the guide-
last several weeks. As hospital beds lines and acted in good faith. Congress
The bill clerk proceeded to call the
began filling up, the strain on needs to put in place commonsense re-
roll.
Mr. CORNYN. I ask unanimous con- healthcare workers became a serious forms to protect those who have helped
problem. the American people get through this
sent that the order for the quorum call
Many States loosened restrictions to crisis and who will help lead us out of
be rescinded.
allow out-of-State or retired physicians it.
The PRESIDING OFFICER. Without
to join the fight on the frontlines, and I am working with my colleagues on
objection, it is so ordered.
countless healthcare workers are being a proposal that would achieve this goal
CORONAVIRUS
cross-trained or redeployed to help fill through temporary and targeted pro-
Mr. CORNYN. Madam President,
personnel shortages. You may see pedi- tections related to COVID–19 lawsuits.
President Eisenhower once said: atricians caring for adults or anesthe-
‘‘Farming looks mighty easy when That includes our healthcare workers
siologists working in the ICU.
your plow is a pencil, and you’re a who have been on the frontlines bat-
On top of that, these men and women
thousand miles [away] from the corn tling this pandemic, the businesses
are forced to make tough, almost im-
field.’’ Those are wise words from a possible decisions every day. They may that are going to great lengths to safe-
wise man. have half a dozen patients who des- ly reopen their doors, and the non-
If you are trying to get a view of perately need a ventilator but only two profits helping their communities dur-
what is happening across America, you machines available. ing a time of unprecedented need.
certainly can’t get a comprehensive We should not put our healthcare Despite what some of the folks on the
picture staying here in Washington, workers in an impossible situation left try to claim, this isn’t a ban on
DC, or even listening to the national where we ask them to do everything lawsuits. Nobody is suggesting we have
media. That is why, whether working they can to help, and then we punish blanket immunity. No one wants to let
on a farm bill, a highway bill, or a them by subjecting them to litigation bad actors get away with their bad be-
coronavirus recovery bill, I look to my when somebody claims that they could havior and to reward it. However, as
constituents for feedback. I know we or should have done better. my constituents told me yesterday, the
all do the same. It is not just healthcare workers, fear of unrestrained litigation could be
Since we first learned that evacuees though, who could emerge from this the boot on the neck of our economy
from China would be headed to Joint crisis only to be greeted by an ava- and add insult to injury for our
Base San Antonio for a 14-day quar- lanche of lawsuits. As our economy be- healthcare workers and others who, in
antine, I have been in close contact gins to reopen, businesses are dusting good faith, did precisely what they
with the folks in Texas—starting in off their tables, barber chairs, gym were asked to do during this time of
San Antonio—about the coronavirus. I equipment—whatever the case may crisis.
have joined dozens, if not 100 or more, be—and preparing to welcome cus- We need to put commonsense safe-
videoconferences with groups covering tomers back through their doors. guards in place to ensure that those op-
every industry that have shared honest They are following the guidance from erating in good faith and following all
perspectives about how things are the State and the Centers for Disease the relevant guidelines cannot be sued
going, what is working, and what more Control and taking every precaution into oblivion because of a particular
is needed from Congress. they recommend to protect both their outcome when people are doing the
I have spoken with nurses and hos- employees and their customers. How- best they know how to do during a
pital administrators about the need for ever, despite their best efforts, there is time of crisis—in good faith—and doing
additional PPE to protect our nothing stopping someone who con- exactly what the public health officials
healthcare heroes. I have spoken with tracts the virus from saying it hap- and their government officials are tell-
researchers and scientists, even as re- pened at that particular business and ing them to do.
cently as today, about the ongoing then suing. This is going to be a critical aspect
quest to develop vaccines and treat- One of the people on our call yester- to our recovery, not only in Texas but
ments and, of course, with farmers and day said his business has faced many in every State across the Nation. We
ranchers and producers about their lawsuits before, and he knows that, have counted on all of these people,
struggle to cope with a glut of supply even if you have done absolutely noth- from our healthcare workers to local
and reduced demand. ing wrong, defending these lawsuits businesses, to help get us through this
I have spoken with small business can be a huge, huge expense. He point- crisis. We can’t let them down now.
owners about the impact of this virus ed out that causation is of particular I yield the floor.
on their businesses, their workforce, concern when you talk about a virus. I suggest the absence of a quorum.
and their communities. Their feedback We are still learning about it, but we The PRESIDING OFFICER. The
dlhill on DSK120RN23PROD with SENATE
has been invaluable to the work of the know that the incubation period could clerk will call the roll.
Senate as we continue our mission to last up to 14 days, making it nearly im- The senior assistant legislative clerk
lead America through and eventually possible to prove when and where the proceeded to call the roll.
out of this crisis. virus was contracted. Mrs. CAPITO. I ask unanimous con-
As States across the country begin to While ordinarily it would be the bur- sent that the order for the quorum call
reopen their economies, the light at den of the person bringing the suit to be rescinded.
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May 19, 2020 CONGRESSIONAL RECORD — SENATE S2499
The PRESIDING OFFICER. Without PPP program and more resources for There were things in there that did re-
objection, it is so ordered. hospitals, more money for COVID test- spond, but there was a whole lot more
Mrs. CAPITO. Madam President, I ing. We just sent $57 million to the that I will talk about that I think was
rise today to address the healthcare State of West Virginia for more test- irrelevant.
and economic crisis facing our Nation ing. Speaker PELOSI’s bill took a massive
because of COVID–19. According to In a bipartisan way, Congress re- step toward federalizing our elections.
Johns Hopkins University, more than sponded to the needs of our medical That is the beauty of our elections.
1.5 million Americans have tested posi- community, as we should. Our small They are all different in every single
tive for COVID and more than 90,000 businesses, our workers, our families, State, and our States have the deci-
have died. And 1,509 West Virginians our State and local governments, and sions to make. These decisions should
have tested positive for COVID, and 68 our heroes are essential workers. As be made by State and local officials
have died, according to our State’s De- our communities begin the process of and not micromanaged here in Wash-
partment of Health and Human Serv- carefully reopening, we know that ington. By the way, I think it makes
ices. more Federal resources and additional our elections safer that they are not
We mourn each one of those lost lives legislation will in all likelihood be nec- federalized.
and remember the families who grieve essary. We all hope that our economy, The bill prohibits States from requir-
for them now and the friends who have which only months ago was very ing a photo ID to vote and requires
lost a loved one. All of us join together, strong, can rebuild quickly. But our States to allow same-day voter reg-
and we thank all of the heroes who are small businesses and workers will need istration, something we do not do in
on the frontline performing lifesaving additional help. There is no question the State of West Virginia. Aside from
and life-sustaining jobs during this that will happen. being bad policy, what does that have
pandemic. As we face the possibility of a second to do with COVID or helping small
The economic consequences of this wave of infections later this year, we businesses and working families?
pandemic have been devastating as should continue to build our stockpile The word ‘‘cannabis,’’ as we might
well, but the health devastation is of medical supplies and aid our hos- have heard already today, appears in
what really, I think, breaks all of our pitals. Speaker PELOSI’s bill 68 times. The bill
collective hearts. I have heard from our Governor, requires a report to make sure that
On the economic front nationally, county commissioners, and our mayors women and minorities are able to fully
the unemployment rate is 14.7 percent, across West Virginia about the lost participate in the cannabis industry,
and 36.5 million Americans have filed State and local government revenues and it makes sure that cannabis busi-
for unemployment since mid-March— caused by COVID. Allowing the CARES nesses are able to access the banking
an incredible number. Act funds to be used to replace these system. By the way, that is an issue
In our small State of West Virginia, lost revenues will make sure that State that has been worked on since I was in
164,000 unemployment claims have been and local governments can continue to Financial Services 10 years ago. But
processed since March, and the unem- meet the public safety and public what does that and how does that re-
ployment rate is over 15 percent. With health needs. This is critical. late to COVID?
these terrible facts and the urgency of I have joined Senator SULLIVAN and By allowing stimulus payments to be
them, it is right for Congress to come others in supporting bipartisan legisla- sent to individuals without a verified
together to take bold action. tion that would do just that. We should Social Security number, Speaker
We have enacted four major pieces of enact meaningful liability reform to PELOSI’s bill would send taxpayer dol-
bipartisan legislation to help ease this protect our hospitals, doctors, busi- lars to illegal immigrants, and the bill
crisis. Most significant of those, of nesses, college, universities, and non- requires the Department of Homeland
course, was the CARES Act, which profits from lawsuit abuse. Those who Security to review the files of every il-
passed this body 96 to 0. With bipar- do their best to treat patients, fol- legal immigrant in custody to deter-
tisan support, the CARES Act provided lowing government guidelines, and pre- mine if he or she should be released.
$100 billion for our hospitals and med- vent the spread of the contagious virus Speaker PELOSI also appropriates $50
ical providers to help them respond to should not be held liable when treat- million for environmental justice
this crisis. ments fail or COVID spreads. Unless we grants. It sounds good—environmental
Together, we created the Paycheck act, lawsuit abuse could choke off our justice. I am not sure what it has to do
Protection Program—PPP, as every- economic recovery. And we should hold with COVID, but it sounds good. In re-
body knows it—to save jobs and to China—China—accountable for hiding ality, a lot of these funds, among other
keep our employers and employees con- the true scope of the COVID pandemic, things, assist those who are working to
nected but also to save jobs at small making the global spread of this dis- stop industries that are very critical to
businesses and help those businesses ease much worse. my State, all the energy industries
survive. We should all work on all of these from coal and natural gas. That is ex-
As of this past weekend, 15,972 West priorities going forward. It is appro- actly the opposite of promoting an eco-
Virginia small businesses had taken priate that Congress should examine nomic recovery in the State I am from.
advantage of the PPP program. the effectiveness of the CARES Act— While working families continue to
The CARES Act provided direct relief we have been doing that for the last struggle, Speaker PELOSI’s bill offers
for the American people through pay- several weeks; that is why I am glad we significant tax relief for rich taxpayers
ments of up to $1,200 apiece, and more are here—as well as the ongoing need in high tax States. Coincidentally, that
than 780,000 payments totaling $1.3 bil- for resources before considering con- is not my State; we run our State on a
lion have been sent to my fellow West tinuing new legislation to aid the Na- balanced budget—and very well.
Virginians. tion’s response. But legislation passed Overall, the House bill costs more
The CARES Act increased unemploy- in response to this crisis should be, as than $3 trillion while doing little to
ment benefits to help meet the needs of has been in the past—should be—bipar- help our economy recover and get our
those workers who lost their jobs due tisan, and it should be tailored to re- laid-off workers back on the job. There
to the crisis, and we see the numbers. spond to COVID and the economic is a bipartisan model out there for
That has been a great benefit. problems that it has caused. working together in response to this
It provided significant resources for Speaker PELOSI’s legislation that crisis. We have done it four times, as I
our State and local governments. Our passed the House of Representatives on mentioned. But that model is certainly
State of West Virginia has received Friday night fails on both of these not what the House passed last Friday
dlhill on DSK120RN23PROD with SENATE
$1.25 billion to help our State, city, and counts. To the extent there was bipar- night.
county governments. tisanship on Friday night, it came The Senate is continuing to hold
After the CARES Act, despite some from the 14 Democrats who voted hearings—we are having them today—
delays, we came together again and against the Speaker’s wish list. The to learn more about the current crisis
passed additional bipartisan legislation bill was certainly not tailored to help and provide oversight. More impor-
that provided more funding for the Americans respond to the COVID cases. tantly, we are listening to the people
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S2500 CONGRESSIONAL RECORD — SENATE May 19, 2020
in our States and their needs and their Island (Mr. WHITEHOUSE) are nec- Years later, he graduated from the
wants and their fears and their hopes essarily absent. Worsham College of Mortuary Science
and dreams. I am confident that we The PRESIDING OFFICER. Are there in Illinois. He returned home to Wash-
will take responsible action to build any other Senators in the Chamber de- ington County, where he manages two
our economy together, that we will put siring to vote? funeral homes in Wellman and Kalona.
people back to work together, and that The result was announced—yeas 49, Like many small business people
we will help keep our families safe and nays 43, as follows: across my State, Charlie’s leadership
healthy. Together we can do this. [Rollcall Vote No. 96 Ex.] reaches deep into the community. His
Speaker PELOSI’s legislation will not YEAS—49 civic stewardship reflects a character
become law, and she already knew that Barrasso Graham Portman of service to others. He is a member of
when she passed it. But we will con- Blackburn Grassley Risch the Rotary Club, Kalona Chamber of
tinue to press forward to respond as Blunt Hawley Roberts
Boozman Hoeven Commerce, Community Foundation of
one Nation and one people for this un- Romney
Braun Hyde-Smith Rubio Washington County, and the Dayton
precedented disaster. Capito Inhofe Sasse Lodge. His public service includes time
I yield back. Cassidy Johnson Scott (FL) spent on the Mid-Prairie Community
I suggest the absence of a quorum. Collins Kennedy Scott (SC)
The PRESIDING OFFICER. The Cornyn Lankford School District Foundation and the
Shelby
clerk will call the roll.
Cramer Lee
Sullivan Kalona Library.
Crapo Loeffler
The senior assistant legislative clerk Cruz Thune A member of the National Funeral
McConnell
Tillis
proceeded to call the roll. Daines McSally
Toomey
Directors Association, Charlie partici-
Mr. MCCONNELL. Mr. President, I Enzi Moran pated in its leadership conference here
Ernst Murkowski Wicker
ask unanimous consent that the order Fischer Paul Young in Washington, DC, for the past 3 years.
for the quorum call be rescinded. Gardner Perdue Like so many other events, the na-
The PRESIDING OFFICER (Mr. CAS- NAYS—43 tional conference this year was can-
SIDY). Without objection, it is so or- celled due to COVID–19. That didn’t
Baldwin Hassan Rosen
dered. Bennet Heinrich Schatz stop Charlie from stepping up to lead
ORDER OF PROCEDURE Blumenthal Hirono Schumer and help his profession navigate these
Mr. MCCONNELL. Mr. President, I Booker Jones Shaheen difficult times.
Cantwell Kaine Sinema
ask unanimous consent that notwith- Cardin King For the past 4 years as president-
Smith
standing the provisions of rule XXII, Carper Klobuchar Stabenow elect and president of the Iowa Funeral
the cloture votes with respect to the Casey Leahy Tester Directors Association, he developed
Coons Manchin
Manasco and Heil nominations occur at Cortez Masto Menendez
Udall strong relationships across its eight
11 a.m. and 12:30 p.m., respectively, to- Van Hollen
Duckworth Merkley
Warner districts, traveling to each one across
morrow; I further ask that notwith- Durbin Murphy
the State. Networking strengthened
Feinstein Murray Warren
standing the provisions of rule XXII, if Wyden his efforts to update strategic plans
Gillibrand Peters
cloture is invoked on the nominations, Harris Reed and foster continuing education serv-
the confirmation votes occur at 3 p.m. ices.
and 4:30 p.m. tomorrow, respectively; NOT VOTING—8
further, that following disposition of Alexander Cotton Sanders This collaboration also helped Iowa
the Heil nomination, cloture ripen with
Brown Markey Whitehouse funeral directors meet unprecedented
Burr Rounds
respect to the Badalamenti nomina- challenges from the pandemic. Iowans
tion; finally, that if any of the nomina- The nomination was confirmed. are known to celebrate the lives of the
tions are confirmed, the motions to re- The PRESIDING OFFICER. Under deceased with large funeral gatherings,
consider be considered made and laid the previous order, the motion to re- attended by many people in the com-
upon the table and the President be im- consider is considered made and laid munity, who gather to pay their re-
mediately notified of the Senate’s ac- upon the table, and the President will spects and help friends and family
tion. be immediately notified of the Senate’s mourn the loss of a loved one. Obvi-
The PRESIDING OFFICER. Is there action. ously, COVID–19 limited large social
objection? The PRESIDING OFFICER. The ma- gatherings, including graduations, wed-
Without objection, it is so ordered. jority leader. dings, and funerals.
VOTE ON TRAINOR NOMINATION f Charlie developed guidelines to help
The PRESIDING OFFICER. The LEGISLATIVE SESSION Iowa funeral home directors adapt to
question is, Will the Senate advise and the public health crisis and continue
consent to the Trainor nomination? providing safe, compassionate, and per-
Mr. CRAPO. I ask for the yeas and MORNING BUSINESS sonalized attention to the people and
nays. communities they serve.
The PRESIDING OFFICER. Is there a Mr. MCCONNELL. Mr. President, I
ask unanimous consent that the Sen- As caretakers in their respective
sufficient second? communities, Charlie did not let
There appears to be a sufficient sec- ate proceed to legislative session for a
period of morning business, with Sen- COVID–19 redefine their mission to
ond.
ators permitted to speak therein for up serve with professionalism, empathy,
The clerk will call the roll.
to 10 minutes each. and integrity. Working with the Cen-
The senior assistant legislative clerk
The PRESIDING OFFICER. Without ters for Disease Control and Prevention
proceeded to call the roll.
Mr. THUNE. The following Senators objection, it is so ordered. and the Iowa Department of Public
Health, Charlie’s leadership helped en-
are necessarily absent: the Senator f
from Tennessee (Mr. ALEXANDER), the sure the public welfare was protected
Senator from North Carolina (Mr. TRIBUTE TO CHARLIE YODER and that grieving families and their
BURR), the Senator from Arkansas (Mr. Mr. GRASSLEY. Mr. President, loved ones remained in good hands.
COTTON), and the Senator from South today I give tribute to a lifelong Iowan I thank Charlie for service to his
Dakota (Mr. ROUNDS). who has devoted his career in service community and his vocation. As he
Further, if present and voting, the to families who are mourning the loss steps down as president of the Iowa Fu-
Senator from Tennessee (Mr. ALEX- of a loved one. neral Directors Association, I am
dlhill on DSK120RN23PROD with SENATE
ANDER) would have voted ‘‘yea.’’ From an early age, Charles Yoder pleased to learn a member of the next
Mr. DURBIN. I announce that the knew what he wanted to be when he generation plans to follow in her dad’s
Senator from Ohio (Mr. BROWN), the grew up. He lived next door to the Pow- footsteps. I congratulate him and his
Senator from Massachusetts (Mr. MAR- ell Funeral Home in Wellman, IA. That wife, Dorie, and wish their daughter
KEY), the Senator from Vermont (Mr. is where Charlie’s precocious path to Morgan all the best as she starts her
SANDERS), and the Senator from Rhode his lifelong occupation first started. studies and pursues her dream this fall.
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