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COVID–19 Strategic Testing for Workers, May 28, 2020 — Congressional Record, House

Summary

Page H2349 of the House section of the Congressional Record for May 28, 2020, headed COVID-19 testing for workers, in interleaved columns, from a House floor exchange. A speaker says the House passed extraordinary legislation over the last 2 months to help the American people, and another says Members cannot phone it in or do that remotely and must come back to work, which are their views. Another passage concerns an order for Tyson to conduct tests and a statement that more than 200 people connected to a plant were infected. Mr. Grothman is given permission to speak for 1 minute.

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“COVID–19 Strategic Testing for Workers, May 28, 2020 — Congressional Record, House.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-05-28-crec-2020-05-28-pt1-pgh2349-da2410e105/, SHA-256 c0c9d26f5aa7b088e3ba510aace1dc2680075cbdeb5b089ef01eaad32ae11c3f.

Full text

                                              May 28, 2020                                      CONGRESSIONAL RECORD — HOUSE                                                                    H2349
                                              that. We have passed, as the gentleman                  look at the message that we are trying                 elect us, the people who make this
                                              mentioned earlier, extraordinary legis-                 to send. And, yes, there are some                      country work so that we can come
                                              lation through this House over the last                 places that you don’t have traffic on                  back here and represent them better.
                                              2 months to ensure that the American                    the road because their officials have                    But we do have to come back here
                                              people got the help they needed and                     chosen not to open as aggressively as                  and do the work. You can’t phone it in
                                              that the economics of our country will                  others, using safety protocols.                        sometimes. You can’t do that re-
                                              undergird it to the extent we could. So,                  No one is talking about compro-                      motely. There are certain parts of our
                                              we have done a lot of work.                             mising safety, but there are many                      job where we actually have to be here.
                                                I want to say this: I think we do a                   States that have shown how to safely                     In the rough-and-tumble of a legisla-
                                              disservice to our Members and to this                   reopen on a much wider scale where                     tive process, things change on the fly;
                                              institution if we go home and pretend                   you can get people back out doing the                  and if you are back home or going to
                                              that Members somehow aren’t working                     things that they want to do again, and                 some other event somewhere else be-
                                              because they are not physically in this                 that is the real issue. You are watching               cause you choose not to come here, it
                                              room. I don’t know, I presume my                        aspects of the private sector, you are                 is kind of hard to say you gave your
                                              friend’s Members—but I tell you,                        even watching other levels of govern-                  proxy to somebody and then things
                                              Madam Speaker, the Members on my                        ment, large cities, large States that                  change 2 minutes before a vote. It is
                                              side of the aisle are working around                    are reopening and doing it successfully,               going to be hard for that person to
                                              the clock and communicating around                      not overrunning their hospitals.                       know how to change their vote by
                                              the clock.                                                Most of our hospitals are telling us                 proxy when they are not here.
                                                That bill that we passed in a bipar-                  they want more patients. They want                       So there are flaws in there that don’t
                                              tisan way, we took a lot of time, days                  the people who normally would be get-                  need to be there because we have prov-
                                              and days and days and days of hours-                    ting their checkups and immunizations                  en we can be here. I just hope that that
                                              and hours- and hours-long conversa-                     and even hip replacements and things                   is taken into account when the new
                                              tions to get to a consensus on what                     that are part of their life cycle, their               schedule is being worked out, and,
                                              ought to be in that bill, and we passed                 quality of life, and their ability to live             again, hopefully released as soon as
                                              it in a bipartisan way.                                 with cancer treatments and things like                 possible so that as other people and in-
                                                So, my presumption is my friend did                   that that aren’t being done. There are                 dustries and groups are starting to
                                              the same. I don’t know; I was not on                    people dying right now because they                    show how they are going to come back
                                              my friend’s phone calls. But you do a                   are not being tended to.                               safely, we can do the same thing—not
                                              disservice, I think—I don’t mean you                      In my home parish, I actually talked                 last. Clearly, we are not going to be
                                              personally. But we do a disservice to                   to my coroner about this. He took a 6-                 first now, but hopefully, as other peo-
                                              allow the President or anybody else—                    week period—just 2 weeks ago, took a                   ple are making those decisions, we can
                                              nobody is on vacation. People are                       6-week period and took that exact 6-                   be part of that, not at the tail end of it.
                                              working harder now than if we didn’t                    week period a year ago, and there was                    Mr. HOYER. Madam Speaker, I
                                              have this coronavirus is my observa-                    a 42 percent increase in non-COVID-re-                 thank the gentleman, and I yield back
                                              tion.                                                   lated deaths, just in my home parish.                  the balance of my time.
                                                I am hopeful that we will move on. I                  This year, more—Madam Speaker, 42                                        f
                                              am hopeful that we will be back to                      percent increase—because people aren’t
                                                                                                      going out, aren’t going to the doctor. If                 COVID–19, STRATEGIC TESTING
                                              business as usual and as soon as pos-
                                                                                                      they had chest pains, they weren’t                                 FOR WORKERS
                                              sible—‘‘possible’’ is the operative
                                              word—with the advice of our Capitol                     going to a doctor because the doctor’s                   (Ms. KAPTUR asked and was given
                                              physician, with the advice of the ad-                   office is closed, where they could catch               permission to address the House for 1
                                              ministration, and my own Governor.                      it, and so they were dying in their                    minute and to revise and extend her re-
                                                My friend talked about States. I have                 house.                                                 marks.)
                                              a Republican Governor, Governor                           These are real numbers from the cor-                   Ms. KAPTUR. Madam Speaker, as of
                                              Hogan, whose father was one of my                       oner. I mean, there is a problem that is               yesterday, the United States death toll
                                              predecessors. I know he is still very                   created by not allowing people to go                   from COVID–19 has reached over 100,000
                                              cautious and urging caution for our                     about their lives again in a safe way.                 precious lives.
                                              citizens.                                                 So we ought to be leading the way,                     Recent headlines tell the story of
                                                Madam Speaker, unless the gen-                        leading the way to show people how to                  COVID–19 risks as workers report to
                                              tleman has something further, I am                      do it. And, again, we have had votes                   work with no testing. The Toledo Blade
                                              prepared to yield back the balance of                   here on the House floor before proxy                   reports: ‘‘Coronavirus Strikes Fermi 2
                                              my time.                                                voting in the midst of this pandemic,                  Nuclear Plant During Refueling.’’ Reu-
                                                                                                      and it went very smoothly. And if                      ters reports: ‘‘All Three Detroit Auto-
                                                                b 1545                                                                                       makers Had Workers Test Positive for
                                                                                                      there are better ways we can find to do
                                                Mr. SCALISE. Madam Speaker, I                         it, we will do it.                                     COVID–19 Since Plants Reopened.’’ And
                                              would just say that, clearly, we have a                   But we followed all the protocols of                 Willamette Week reports: ‘‘The Re-
                                              disagreement on how business should                     the Attending Physician. I didn’t hear                 opening of Vancouver, Washington, Is
                                              be conducted on the House floor, spe-                   of any Members complaining about                       On Hold as 65 Workers Test Positive for
                                              cifically as it relates to proxy voting                 that process. Everybody went about it                  COVID–19 at a Fruit Processing Facil-
                                              and whether or not we can be here                       their own way, practicing the social                   ity.’’
                                              physically doing the job. And, clearly,                 distancing that we all encourage. Yet                    Madam Speaker, I include in the
                                              when we are at home in our districts,                   we are not doing that on a consistent                  RECORD the articles I mentioned.
                                              we are finding other ways to get work                   basis, and that doesn’t send the right                          [From the Blade, Apr. 8, 2020]
                                              done, to communicate with constitu-                     message.                                               CORONAVIRUS STRIKES FERMI 2 NUCLEAR
                                              ents, to communicate with people all                      As the gentleman reworks the sched-                    PLANT DURING REFUELING; UTILITY KEEPS
                                              around the Nation. Using technology,                    ule, and I hope it is done soon, I hope                  WORKING
                                              it has definitely helped the ability for                it takes into account the fact that it is                              (By Tom Henry)
                                              us to do it, but it is not the same thing               important for us to show the rest of the                 NEWPORT, MICH.—An undisclosed number
                                              as when we are here.                                    country that we can be here doing our                  of coronavirus cases have been documented
                                                The other side of that, because one                   job.                                                   inside Fermi 2 during the nuclear plant’s lat-




SSpencer on DSK126QN23PROD with HOUSE
                                              piece of it is the ability to be here—                    Yes, there are things that we are                    est refueling outage.
                                              and, clearly, we have the ability to be                 going to do remotely. There are things                   But owner-operator DTE Energy said it be-
                                                                                                                                                             lieves it has enough precautions in place now
                                              here. There are flights. If somebody is                 we always do remotely. If we are on a
                                                                                                                                                             to complete the work and get the plant re-
                                              not comfortable flying, they used to                    3-week schedule in D.C. and 1 week                     started in the coming weeks.
                                              take horse and buggy. They didn’t have                  back home in our districts, it is impor-                 In a statement, DTE spokesman Stephen
                                              planes, and yet they found a way to get                 tant that we go back home to stay in                   R. Tait said the company ‘‘can confirm that
                                              here in tougher times. But then you                     touch with the people who actually                     we have had employees test positive, but are




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                                              H2350                                             CONGRESSIONAL RECORD — HOUSE                                                            May 28, 2020
                                              not giving out numbers, locations or names              eration after the spring 2020 outage,’’ Ms.            ed positive and asking them to quarantine
                                              at this time.’’                                         Mitlyng said.                                          for 14 days.
                                                Media reports showed the first worker test-             Fermi 2, one of Michigan’s largest employ-             Firestone processes frozen fruit mostly
                                              ed positive about the same time the refuel-             ers, is about 30 miles south of Detroit, which         berries. Food processing plants have been
                                              ing outage began on March 21. A Detroit tel-            is now one of America’s hot spots for the              epicenters of COVID–19 outbreaks across the
                                              evision station reported at least two more              coronavirus pandemic.                                  U.S., in part because social distancing is dif-
                                              positive cases were documented within days                                                                     ficult on assembly-line floors.
                                              of that.                                                         [From Reuters, May 27, 2020]                    The facility told The Oregonian it’s un-
                                                DTE won’t say for the record when it ex-                                                                     aware of any workers who have been hos-
                                                                                                      ALL THREE DETROIT AUTOMAKERS HAD WORK-
                                              pects to complete Fermi 2’s outage.                                                                            pitalized because of the virus.
                                                                                                        ERS TEST POSITIVE FOR COVID–19 SINCE
                                                But many similar operations—which once                                                                         ‘‘While this outbreak is unfortunate, our
                                                                                                        PLANTS REOPENED
                                              took six weeks or longer—have been short-                                                                      response demonstrates we have the con-
                                              ened to about a month in recent years. Utili-             DETROIT.—In the week since U.S. auto fac-            fidence and capability to respond to situa-
                                              ties lose hundreds of thousands of dollars in           tories reopened after coronavirus lockdowns,           tions like this,’’ Dr. Alan Melnick, the Clark
                                              potential electricity sales each day nuclear            workers at all three Detroit automakers                County health officer, said in a press release.
                                              plants sit idle.                                        have tested positive for COVID–19 but only
                                                Nuclear plants are refueled every 18 to 24            Ford Motor Co has temporarily closed                     [From the New York Times, May 25, 2020]
                                              months, depending on the type of uranium                plants.
                                                                                                        The U.S. auto industry reopened many                  ‘THIS IS NOT THE HUNGER GAMES’: NATIONAL
                                              used in their reactor cores.
                                                Fermi 2, located along western Lake Erie              plants last week after a two-month shut-                    TESTING STRATEGY DRAWS CONCERNS
                                              in northern Monroe County’s Frenchtown                  down due to the global pandemic. To ensure                   (By Apoorva Mandavilli and Catie
                                              Township, is one of many nuclear plants                 safety during the outbreak, companies im-                                Edmondson)
                                              across the United States scheduled to be re-            posed new safety measures, including screen-             The Trump administration’s new testing
                                              fueled during the spring or fall of 2020, the           ing employees, use of face masks and social            strategy, released Sunday to Congress, holds
                                              two seasons when demand for electricity is              distancing.                                            individual states responsible for planning
                                              lowest.                                                   Ford paused production at its Claycomo,              and carrying out all coronavirus testing,
                                                Energy Harbor’s Davis-Besse nuclear plant             Missouri, plant for an hour on Tuesday after           while planning to provide some supplies
                                              along the Lake Erie shoreline in rural Ot-              a worker tested positive. Work resumed at              needed for the tests.
                                              tawa County recently completed its latest               the plant, which builds the F–150 pickup                 The proposal also says existing testing ca-
                                              refueling.                                              truck and Transit van, without workers                 pacity, if properly targeted, is sufficient to
                                                Both plants are about 30 miles from down-             being sent home following a deep cleaning,             contain the outbreak. But epidemiologists
                                              town Toledo.                                            Ford spokeswoman Kelli Felker said Wednes-             say that amount of testing is orders of mag-
                                                The coronavirus pandemic has, of course,              day.                                                   nitude lower than many of them believe the
                                              complicated those efforts this year.                      General Motors Co and Fiat Chrysler Auto-            country needs.
                                                To help keep refuelings on schedule, the              mobiles NV (FCA) said Wednesday they have                The report cements a stance that has frus-
                                              U.S. Nuclear Regulatory Commission last                 had workers test positive since the restart,           trated governors in both parties, following
                                              month allowed for an exemption from rules               but have not been forced to idle plants. They          the administration’s announcement last
                                              which limit the number of consecutive hours             did not disclose the number of workers af-             month that the federal government should
                                              workers are allowed to be inside the plant at           fected.                                                be considered ‘‘the supplier of last resort’’
                                              a time. The agency said in a March 28 letter              On Wednesday, a union leader at Ford’s               and that states should develop their own
                                              to the Washington-based Nuclear Energy In-              Kentucky Truck Plant said on Twitter a                 testing plans.
                                              stitute that it will consider such requests on          worker there tested positive, but had not                ‘‘For months, it was a tennis game, it was
                                              a case-by-case basis, and that exemptions               worked since May 21. Felker said the plant             going back and forth between the feds and
                                              will be limited to 60 days.                             never closed.                                          the states, and it’s now landed with the
                                                ‘‘We are aware of the NRC’s willingness to                                                                   states,’’ said Scott Becker, executive direc-
                                                                                                        Last week, Ford closed two assembly
                                              relax some rules for overtime at plants if                                                                     tor of the Association of Public Health Lab-
                                                                                                      plants, due to a positive test at its Dearborn,
                                              there is a need,’’ Mr. Tait said. ‘‘At this                                                                    oratories.
                                                                                                      Michigan, factory and a parts shortage due
                                              time, we have not requested any variances.’’                                                                     Mr. Becker noted that the federal govern-
                                                                                                      to a positive test at a supplier that closed
                                                The NRC has ‘‘no immediate concerns in
                                                                                                      the Chicago plant. It had marked the second            ment plans to distribute some testing sup-
                                              this area,’’ Viktoria Mitlyng, agency spokes-
                                                                                                      consecutive day for closures in Chicago fol-           plies, including swabs and viral transport
                                              man, said. ‘‘We are communicating regularly
                                                                                                      lowing two positive tests.                             media, and to store test kits in the strategic
                                              with Fermi staff to discuss current activities
                                                                                                        United Auto Workers Local 600, which rep-            national stockpile. ‘‘That’s actually quite
                                              and future plans, including staffing, medical
                                                                                                      resents hourly workers in Dearborn, last               significant,’’ he said. ‘‘That’s a positive
                                              screening, reductions in nonessential main-
                                                                                                      week demanded testing for every worker                 step.’’
                                              tenance work, and other related matters.’’
                                                                                                      there and that Ford shut down the plant for              The Department of Health and Human
                                                In nearly all refuelings, including at those
                                                                                                      24 hours after a positive test. Ford said the          Services prepared the strategy, which meets
                                              at Fermi 2 and Davis-Besse, hundreds of spe-
                                                                                                      safety of its workers is a top priority and            requirements under the Paycheck Protection
                                              cialized, out-of-state contractors augment
                                                                                                      cited the safety measures it has developed in          Program and Health Care Enhancement Act,
                                              the regular plant workforces, often resulting
                                                                                                      conjunction with the UAW.                              signed into law by President Trump on April
                                              in 1,000 or more workers assigned to any
                                                                                                        In Mexico, Ford told workers it was tar-             24, that federal agencies come up with a stra-
                                              given site at a time. Work is usually divided
                                                                                                      geting a May 28 restart at its Hermosillo              tegic testing plan within 30 days. It was re-
                                              into eight-hour shifts, with activity occur-
                                                                                                      plant. GM and FCA have restarted oper-                 ported earlier by The Washington Post.
                                              ring 24 hours a day.
                                                Officials have noted those contractors                ations in Mexico.                                        Mr. Becker, public health experts and
                                              move throughout the country from job to                                                                        Democratic leaders panned the proposal, say-
                                              job, bringing with them the potential of car-                  [From wweek.com, May 25, 2020]                  ing the strategy runs the risk of states com-
                                              rying viruses outside of the sites they last            THE REOPENING OF VANCOUVER, WASH., IS ON               peting with one another and may create deep
                                              worked.                                                   HOLD AS 65 WORKERS TEST POSITIVE FOR                 inequities among them.
                                                Monroe-area resident Michael J. Keegan, a                                                                      The strategy mirrors a divide that has
                                                                                                        COVID–19 AT A FRUIT PROCESSING FACILITY
                                              longtime activist associated with the activ-                                                                   played out in Congress for months. As they
                                                                                                                     (By Tess Riski)                         negotiated the virus relief bill in March,
                                              ist group Don’t Waste Michigan, said he wor-
                                              ries the NRC will again allow DTE to post-                Clark County’s application to move into              Democratic lawmakers pushed to require the
                                              pone some of the work planned for the sub-              Phase 2 of reopening has been put on pause.            administration to submit this national test-
                                              merged portion of Fermi 2’s pressure sup-                 The COVID–19 outbreak at a fruit proc-               ing plan to Congress. Republicans resisted,
                                              pression chamber, also referred to as the               essing plant in Vancouver, Wash., climbed              saying those decisions belonged to each
                                              torus.                                                  from 38 workers Friday to 65 employees Mon-            state.
                                                The utility came to an agreement with the             day. The Oregonian first reported.                       Mr. Becker and others said it’s reasonable
                                              NRC to fix degraded coating there, a situa-               The facility, called Firestone Pacific               to expect states to implement some aspects
                                              tion that has lingered for 31 years. It was             Foods, halted production May 19. On May 23,            of the testing, such as designating test sites.
                                              first identified in 1989, the NRC has said.             Washington state health officials suspended            But acquiring tests involves reliance on na-
                                                One of the concerns is that loose paint               Clark County’s request to enter Phase 2 of             tional and international supply chains—




SSpencer on DSK126QN23PROD with HOUSE
                                              chips in drains could make it difficult for             the state’s reopening plan due to the out-             which are challenging for many states to
                                              vital reactor coolant pumps to move water               break.                                                 navigate.
                                              in the event of an emergency.                             The state health department cited the                  ‘‘That’s our biggest question, that’s our
                                                The NRC told DTE it will grant the util-              Firestone outbreak as its reason for sus-              biggest concern, is the robustness of the sup-
                                              ity’s request to remove only coatings found             pending Vancouver’s reopening.                         ply chain, which is critical,’’ Mr. Becker
                                              to be degraded through inspections.                       The county health department said in a               said. ‘‘You can’t leave it up to the states to
                                                ‘‘If degraded coating is found, they will re-         press release Saturdav that it is identifying          do it for themselves. This is not the Hunger
                                              move it prior to returning the reactor to op-           and notifying close contacts of all who test-          Games.’’




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                                              May 28, 2020                                      CONGRESSIONAL RECORD — HOUSE                                                                     H2351
                                                In a joint statement on Monday, Speaker               with last week’s dust-up over the mixing of              It’s not clear if antibody tests are useful
                                              Nancy Pelosi; Senator Chuck Schumer, the                test results for active infection with serol-          for testing of health care workers to deter-
                                              Democratic leader; Representative Frank                 ogy. ‘‘This is not C.D.C.’s shining moment,’’          mine immune status, according to the re-
                                              Pallone, Democratic chairman of the House               he said.                                               port.
                                              Energy and Commerce Committee; and Sen-                   Governors have bristled at claims from the             ‘‘We believe that greatly expanding
                                              ator Patty Murray, the ranking Democrat on              administration that the supply of tests was            SARSCoV–2 testing is a critical element in
                                              the Senate’s health committee, said the                 adequate, routinely asking for more federal            our response to COVID–19,’’ the report reads.
                                              Trump administration was not taking re-                 assistance. Some states have ultimately de-            ‘‘For testing to be maximally effective, co-
                                              sponsibility for ramping up national testing            cided to negotiate directly with suppliers to          ordination across the system and across ju-
                                              capacity.                                               obtain test kits.                                      risdictions is necessary. Ideally, this re-
                                                ‘‘This disappointing report confirms that               Federal virus relief legislation required            quires federal guidance, leadership and sup-
                                              President Trump’s national testing strategy             states to release their individual testing             port, with strong jurisdictional buy-in at the
                                              is to deny the truth that there aren’t enough           plans last week, but they requested an exten-          state and local levels.’’
                                              tests and supplies, reject responsibility and           sion to later this week. If elements of those            The report calls on the US Department of
                                              dump the burden onto the states,’’ the law-             state plans prove promising, Mr. Becker said,          Health and Human Services to appoint a
                                              makers said. ‘‘In this document, the Trump              the federal strategy could be revised or               panel to oversee and organize testing. ‘‘The
                                              administration again attempts to paint a                merged with them.                                      panel should include representatives from
                                              rosy picture about testing while experts con-                                                                  public health, clinical laboratory, and medi-
                                              tinue to warn the country is far short of                          [From CNN, May 21, 2020]                    cine; the laboratory testing research and de-
                                              what we need.’’                                          CORONAVIRUS TESTING IS ‘A MESS’ IN THE US,            velopment, marketing, and product support
                                                Experts also took issue with the report’s                               REPORT SAYS                          industries; ethicists; legal scholars; and
                                              assertion that continuing to test only about                                                                   elected officials,’’ it says.
                                                                                                                      (By Maggie Fox)                          Osterholm noted that some states are com-
                                              300,000 people a day, by targeting only those
                                              likely to be positive, would be enough to                 Coronavirus testing in the United States is          bining data from diagnostic tests and anti-
                                              contain the outbreak.                                   disorganized and needs coordination at the             body tests to make estimates about how
                                                ‘‘On the face of it, the idea that 300,000            national level, infectious disease experts said        many people have been infected. The Food
                                              tests a day is enough for America is absurd,’’          in a new report released Wednesday.                    and Drug Administration advises against
                                              said Dr. Ashish Jha, director of the Harvard              Right now, testing is not accurate enough            using tests in this way and so does
                                              Global Health Institute.                                to use alone to make most decisions, includ-           Osterholm. ‘‘You need to do the right test at
                                                He offered a quick rundown of the numbers             ing who should go back to work or to school,           the right time to get the right result,’’ he
                                              to illustrate the estimate’s inadequacy. Most           the team at the University of Minnesota                said. ‘‘Nobody is thinking through that.’’
                                              hospitals nationwide now test everyone who              said.                                                    Plus, there’s not enough coordination to
                                              is admitted for any reason, roughly 100,000               ‘‘It’s a mess out there,’’ Mike Osterholm,           ensure that states have the testing supplies
                                              tests each day, fearing that they may be                head of the university’s Center for Infectious         they need. This is a system and if a system
                                              asymptomatic and yet still spreading the                Disease Research and Policy (CIDRAP),                  breaks down anywhere, it breaks down ev-
                                              virus. Testing the 1.6 million residents of             which issued the report, told CNN.                     erywhere,’’ Osterholm said.
                                              nursing homes—known to be at high risk of                 ‘‘Testing is very, very important, but we’re           ‘‘What good are the test results if you
                                              coronavirus infection—and workers every                 not doing the right testing.’’                         can’t trust them?’’
                                              two weeks would require 150,000 more tests                The number of tests that have been com-
                                              each day. Add high-risk places like                     pleted—numbers widely reported by states                  [From the New York Times, May 25, 2020]
                                              meatpacking plants that need regular test-              and by the White House—show only part of                    AS MEATPACKING PLANTS REOPEN, DATA
                                              ing, and the numbers rapidly build.                     the picture, the report reads.                            ABOUT WORKER ILLNESS REMAINS ELUSIVE
                                                ‘‘Without having tested a single person for             ‘‘The data is really kind of screwed up,’’             (By Michael Corkery, David Yaffe-Bellany
                                              symptoms of Covid, we would quickly ex-                 Osterholm said. ‘‘It’s because the public                            and Derek Kravitz)
                                              haust our entire national supply of testing if          health system is overwhelmed.’’                           The Smithfield Foods plant in Tar Heel,
                                              all we have is 300,000 tests per day,’’ he said.          The report has some specific recommenda-             N.C., is one of the world’s largest pork proc-
                                                The H.H.S. report noted that an analysis              tions for diagnostic tests that check to see if        essing facilities, employing about 4,500 peo-
                                              by the Safra Center at Harvard estimated                someone      is   currently     infected  with         ple and slaughtering roughly 30,000 pigs a
                                              the need at more than three million tests per           coronavirus.                                           day at its peak.
                                              day. But the federal report said that esti-               Testing is most useful for clinical care of             And like more than 100 other meat plants
                                              mate was based on faulty assumptions.                   patients, for disease surveillance and contact         across the United States, the facility has
                                                The Safra authors who crafted the esti-               tracing and for monitoring frontline workers           seen a substantial number of coronavirus
                                              mate said that the federal report had cherry-           such as emergency responders, doctors and              cases. But the exact number of workers in
                                              picked one simple example from their anal-              nurses who may have been exposed, the re-              Tar Heel who have tested positive is any-
                                              ysis without considering other evidence.                port recommends. People with symptoms                  one’s guess.
                                                ‘‘We ran multiple models, all of which                should also be tested, it says.                           Smithfield would not provide any data
                                              pointed to the same order of magnitude,’’                 But coronavirus testing is not accurate              when asked about the number of illnesses at
                                              said Danielle Allen, director of the Safra              enough yet to use in many other ways, the              the plant. Neither would state or local
                                              Center. ‘‘They’ve selected one non-primary              CIDRAP team said.                                      health officials.
                                              model in an appendix and selectively ad-                  It recommends against:                                  ‘‘There has been a stigma associated with
                                              justed assumptions to generate a different                Universal testing in hospital settings               the virus,’’ said Teresa Duncan, the director
                                              number.’’                                                 Testing in schools or other low-risk set-            of the health department in Bladen County,
                                                Dr. Allen said millions of daily tests would          tings                                                  where the plant is located. ‘‘So we’re trying
                                              be required to have 4 percent of people test              Widespread community-based testing                   to protect privacy.’’
                                              positive with the coronavirus—the level they              Antibody tests to decide who goes back to               Along with nursing homes and prisons,
                                              say is needed to halt the spread of the virus.          work                                                   meatpacking facilities have proven to be
                                              The administration’s target, 10 percent,                  Immunity passports                                   places where the virus spreads rapidly. But
                                              would allow only for mitigation.                          It might be useful to test asymptomatic              as dozens of plants that closed because of
                                                ‘‘There is not a single country that I’m              people in long-term care facilities in some            outbreaks begin reopening, meat companies’
                                              aware of that achieved disease suppression              cases because they are likely to have many             reluctance to disclose detailed case counts
                                              with a positivity rate of 10 percent,’’ she             cases, the report said. ‘‘Asymptomatic shed-           makes it difficult to tell whether the con-
                                              said.                                                   ding of the virus may be detected with a mo-           tagion is contained or new cases are emerg-
                                                And 300,000 daily tests would be insuffi-             lecular test (which looks for the virus itself)        ing even with new safety measures in place.
                                              cient even for mitigation, Dr. Jha said, esti-          or an antigen test (which looks for impor-             The Centers for Disease Control and Preven-
                                              mating that would require at least 900,000              tant pieces of the virus). It is not yet clear         tion     said   there   were    nearly    5,000
                                              tests per day.                                          where, when and how asymptomatic individ-              meatpacking workers infected with the virus
                                                The proposal also leaves it to states to              uals should be tested.’’                               as of the end of last month. But the non-
                                              plan for contact tracing and isolation, rap-              The report also says that antibody tests             profit group Food & Environment Reporting
                                              idly identify new clusters of coronavirus in-           should be used only with caution. These                Network estimated last week that the num-
                                              fection and adopt new technologies. It says             tests check the blood for evidence of an im-           ber has climbed to more than 17,000. There




SSpencer on DSK126QN23PROD with HOUSE
                                              the federal government is ‘‘supporting and              mune response to the virus, and indicate               have been 66 meatpacking deaths, the group
                                              encouraging’’ states to rely heavily on guid-           that someone has been infected for some                said.
                                              ance from the Centers for Disease Control               days or has even cleared an infection. They               And the outbreaks may be even more ex-
                                              and Prevention.                                         are most useful for identifying donors of              tensive.
                                                However, the C.D.C. has been slow to re-              plasma used to treat patients or for deciding             For weeks, local officials received con-
                                              lease guidance for states during this out-              on how to manage patients when standard                flicting signals from state leaders and
                                              break, Dr. Jha said. And the agency fumbled             diagnostic tests are negative, the report              meatpacking companies about how much in-
                                              its role in testing strategy, most recently             says.                                                  formation to release, according to internal




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                                              H2352                                             CONGRESSIONAL RECORD — HOUSE                                                            May 28, 2020
                                              emails from government health agencies ob-              get in a position where we were overstepping           to the Grand Island plant were infected. By
                                              tained through public records requests by               our bounds,’’ he said.                                 May 5, at least 328 employees had tested
                                              Columbia University’s Brown Institute for                 On May 5, the state health department,               positive, according to the emails from Grand
                                              Media Innovation and provided to The New                which ultimately worked with Tyson to test             Island, some of which were previously re-
                                              York Times. The mixed messages left many                employees, said 730 workers, or 58 percent of          ported by ProPublica.
                                              workers and their communities in the dark               the plant’s work force, had tested positive              A spokesman for JBS, Cameron Bruett,
                                              about the extent of the spread in parts of              for the virus. About two weeks ago, Tyson              said the company did not want to publicize
                                              Iowa, Nebraska and Colorado.                            started     to   disclose   the     number    of       the number of positive cases at the plant be-
                                                The emails also reveal the deference some             coronavirus cases at a handful of its plants           cause little testing was being conducted in
                                              county officials have shown toward the giant            around the country where there has been                the broader area. Releasing the data, he said,
                                              meatpacking companies and how little power              widespread testing.                                    ‘‘would distort any one company’s role in
                                              they have in pushing the companies to stem                In North Carolina, workers and community             community spread.’’
                                              outbreaks.                                              advocates in the Tar Heel area started to                The tussle over whether plants should test
                                                ‘‘Bad news spreads way faster than the                raise the alarm in April, as local news out-           workers has stretched for months in some
                                              truth,’’ said a county health official in Colo-         lets reported a string of infections linked to         states, creating critical delays in isolating
                                              rado of an outbreak at a Cargill plant, ac-             the Smithfield plant.                                  infected workers. Local health authorities
                                              cording to notes from a conference call last              In neighboring Robeson County, 59 resi-              concede that asymptomatic employees are
                                              month. ‘‘At this point, we are not doing any-           dents who work at the Tar Heel facility have           still coming to work with the virus, fueling
                                              thing to cast them in a bad light. Will not             become infected, out of a total of 669 cases in        the spread.
                                              throw them to the Press.’’                              the community, according to Melissa Pack-                As recently as May 14, health officials in
                                                Questions about the transparency of gov-              er, the county’s assistant health director.            Wyandotte County, Kan., warned that the
                                              ernments      and    companies     about    the           But like the rest of the public, Ms. Packer          virus was continuing to spread inside a Na-
                                              coronavirus extend far beyond meatpacking.              does not know the full extent of the out-              tional Beef plant.
                                              Chinese officials have been widely criticized           break at the plant.                                      ‘‘The outbreak has gone on for a month,’’
                                              for not fully disclosing the extent of the                In conversations with state officials this           a county epidemiologist said in an email to
                                              virus’s spread within their borders. And in             month, Ms. Packer said, a number of county             her colleagues.
                                              the United States, President Trump has                  health directors requested that plantspecific            ‘‘Should we bust in, show our badges and
                                              questioned the official death toll from the             numbers stay private. One of the reasons, she          test everyone?’’ a colleague suggested. ‘‘Ha!’’
                                              coronavirus, suggesting that the numbers                said, was that the local officials wanted to             A National Beef spokesman said the com-
                                              may be inflated even as public health experts           avoid antagonizing the meatpackers while               pany was following the county’s health
                                              and statisticians say the opposite is more              they worked alongside them to curtail the              guidelines.
                                              likely true.                                            outbreaks.                                               Even when case numbers are disclosed,
                                                The meat companies are not legally re-                  ‘‘A lot of the concerns were around frac-            many health departments say they have lit-
                                              quired to disclose how many workers are                 tured relationships,’’ Ms. Packer said.                tle authority to act at meat plants.
                                              sick. But legal experts say privacy is not a            ‘‘Some local health directors from the coun-             Last month, a worker in a Triumph Foods
                                              valid reason for keeping the numbers from               ties where there are processing plants ex-             pork plant in St. Joseph, Mo., emailed the
                                              the public.                                             pressed some concerns about how that may               city saying at least two employees were in-
                                                ‘‘Alerting a community about the number               negatively impact the relationship they have           fected and 90 percent of the staff was still
                                              of cases in a particular place is a standard            built with the management of the compa-                working ‘‘less than a meter away’’ from one
                                              public    health    response;’    said   Nicole         nies.’’                                                another.
                                              Huberfeld, a public health expert at Boston               A spokeswoman for North Carolina’s                     ‘‘Workers are scared,’’ the employee said.
                                              University. ‘‘People need to act appro-                 health department, Amy Ellis, declined to              ‘‘Can the government take action on the
                                              priately if they are exposed.’’                         reveal plant-specific data. She said the state         matter for the protection of workers and the
                                                The lack of full disclosure also dem-                 has recorded a total of 1,952 cases across             city?’’
                                              onstrates the industry’s sway as a major em-            meat plants in 17 counties.                              A health official wrote back on April 21,
                                              ployer in the Midwest and the South.                      Smithfield said it continued to ‘‘report all         saying the city had ‘‘limited authority’’ in
                                                While more than 80 percent of beef and                Covid–19 cases to state and local health offi-         closing a business and suggested that the
                                              pork workers are unionized, even labor lead-            cials, as well as the C.D.C.’’ and was working         workers cover their noses and mouths and
                                              ers acknowledge it is not as easy to shut               to provide free testing to all its employees.          use hand sanitizer.
                                              down meat plants as other factories because               This month, Gov. Pete Ricketts of Ne-
                                                                                                                                                               Since then, Triumph has supplied workers
                                              they are essential to the food supply. Auto             braska announced that the state would not
                                                                                                                                                             with masks, among other protective meas-
                                              plants, for example, were shut down rel-                disclose the number of coronavirus cases in
                                                                                                                                                             ures, according to the company website. But
                                              atively early during the pandemic and have              specific meat plants without the consent of
                                                                                                                                                             at the time, the plant worker was not com-
                                              only just begun to reopen.                              the companies. The state is releasing aggre-
                                                                                                                                                             forted by the city’s assurances.
                                                After some slaughterhouses did close, res-            gate case numbers across the meat proc-
                                                                                                                                                               ‘‘Are you telling me that it doesn’t matter
                                              taurants and stores experienced significant             essing industry, the governor’s spokesman
                                                                                                                                                             that two workers are infected,’’ he wrote.
                                              shortages of meat, leading Mr. Trump to                 said. Some of Nebraska’s big meatpackers
                                                                                                                                                             ‘‘Because the plant is worth more than the
                                              issue an executive order designating meat               have also started revealing less about case
                                                                                                                                                             workers’ health?’’
                                              plants ‘‘critical infrastructure’’ that must            numbers to their employees.
                                              stay open.                                                Eric Reeder, a local union president rep-              Ms. KAPTUR. Madam Speaker, test-
                                                But the order did not address crucial issues          resenting workers in 14 plants around Ne-              ing requires a national strategy, not a
                                              like testing, leading many companies to re-             braska, said that the larger the outbreak,             50–State, helter-skelter search for lim-
                                              open plants or keep them operating without              the less transparent some of the companies             ited supplies. Without rigorous ex-
                                              fully assessing whether employees had con-              have become about the case numbers.                    panded surveillance testing, many
                                              tracted the virus.                                        ‘‘When a plant hits several hundred cases,           more American lives are put on the
                                                Across the country, many local health de-             they get more tight-lipped, and that makes             chopping block because of pure stu-
                                              partments have encouraged companies to                  it difficult for workers to protect themselves
                                              test employees—but stopped short of order-              and their families,’’ said Mr. Reeder, presi-
                                                                                                                                                             pidity and callousness.
                                              ing them to do so.                                      dent of the United Food & Commercial                     If the President can find billions to
                                                On April 21, health officials in Dallas Coun-         Workers union local 293.                               build more nuclear weapons, then sure-
                                              ty, Iowa, told Tyson Foods that they could                Those transparency issues were on display            ly we can find the money to protect
                                              provide rapid testing kits for workers at its           last month when Teresa Anderson, the direc-            those who build them and all workers
                                              local plant in Perry, according to the emails.          tor of the Central District Health Depart-             who dedicate their talents to moving
                                              An early draft of that message to Tyson                 ment in Grand Island, Neb., told the meat              our Nation to full throttle again.
                                              managers underscored the urgency, saying,               processor JBS that she planned to conduct
                                                                                                                                                               Mr. President, get a testing regimen
                                              ‘‘At this time, we strongly recommend this              coronavirus testing at a park near the com-
                                              option be implemented immediately.’’                    pany’s plant, which employs 3,700 people.              in place. It is your duty. No excuses.
                                                But the county’s lawyer asked that the                  JBS wanted assurances that the test re-                The SPEAKER pro tempore. Mem-
                                              language be revised to read, ‘‘At this time,            sults would not be made public.                        bers are reminded to address their re-
                                              we ask you to consider this be implemented                ‘‘We understand that you will be asking              marks to the Chair.




SSpencer on DSK126QN23PROD with HOUSE
                                              as soon as possible.’’                                  and recording the employer,’’ Nicholas
                                                                                                                                                                               f
                                                In an interview, the county attorney,                 White, a compliance official at JBS, wrote in
                                              Chuck Sinnard, said he recommended revis-               an email to Ms. Anderson on April 15. ‘‘But               VITAMIN D SUPPLEMENTS TO
                                              ing the language because he did not believe             we would ask that you not disclose that in-                  REDUCE COVID–19 DEATHS
                                              the health department had the authority to              formation as part of any public disclosure of
                                              order Tyson to conduct tests.                           the testing results.’’                                   (Mr. GROTHMAN asked and was
                                                ‘‘It was in the vein of choosing wording                Six days later, though, Ms. Anderson an-             given permission to address the House
                                              cautiously and conservatively so we didn’t              nounced that more than 200 people connected            for 1 minute.)



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