Congressional Record, Senate, August 4, 2020, Page S4874
Summary
A page of the Congressional Record, Senate, dated August 4, 2020, at page S4874, made up of amendment text. It includes a provision for the Secretary to post data on the utilization of telehealth and other virtual services under the Medicare program and to report within 15 months, and SA 2564 submitted by Mr. Moran to an amendment by Mr. McConnell to the bill S. 178. Findings in another amendment praise frontline health care workers and businesses that produced protective equipment, and state that Congress must safeguard CARES Act funds and address the risk of a tidal wave of lawsuits against businesses, schools and nonprofit institutions.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Cite this document
“Congressional Record, Senate, August 4, 2020, Page S4874.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-08-04-crec-2020-08-04-pt1-pgs4874-1c101c62f3/
, SHA-256 48ff2f9e89d0c33d011d15a9864fe7ef2bb8174c49adadcbefd73595e2718810.Full text
S4874 CONGRESSIONAL RECORD — SENATE August 4, 2020
(i) INTERIM PROVISION OF INFORMATION.— (2) For months, frontline health care work- facilities are able to act fully to defeat the
The Secretary shall, as determined appro- ers and health care facilities have fought the virus.
priate, periodically during such emergency virus with courage and resolve. They did so (11) Congress must also safeguard its in-
period, post on the internet website of the at first with very little information about vestment of taxpayer dollars under the
Centers for Medicare & Medicaid services how to treat the virus and developed strate- CARES Act and other coronavirus legisla-
data on utilization of telehealth and other gies to save lives of the people of the United tion. Congress must ensure that those funds
virtual services under the Medicare program States in real time. They risked their per- are used to help businesses and workers sur-
and the impact of characteristics described sonal health and wellbeing to protect and vive and recover from the economic crisis,
in subparagraph (A) on such utilization. treat their patients. and to help health care workers and health
(ii) REPORT.—Not later than 15 months (3) Businesses in the United States kicked care facilities defeat the virus. CARES Act
after date of enactment of this Act, the Sec- into action to produce and procure personal funds cannot be diverted from these impor-
retary shall submit to Congress a report on protective equipment, such as masks, gloves, tant purposes to line the pockets of the trial
the study conducted under subparagraph (A), face shields, and hand sanitizer, and other bar.
together with recommendations for such leg- necessary medical supplies, such as ventila- (12) One of the chief impediments to the
islation and administrative action as the tors, at unprecedented rates. continued flow of interstate commerce as
Secretary determines appropriate. (4) To halt the spread of the disease, State this public-health crisis has unfolded is the
and local governments took drastic meas- risk of litigation. Small and large busi-
SA 2564. Mr. MORAN submitted an ures. They shut down small and large busi- nesses, schools, colleges and universities, re-
amendment intended to be proposed to nesses, schools, colleges and universities, re-
ligious, philanthropic and other nonprofit in-
amendment SA 2499 proposed by Mr. ligious, philanthropic and other nonprofit in-
stitutions, and local government agencies
stitutions, and local government agencies.
MCCONNELL to the bill S. 178, to con- They ordered people to remain in their
confront the risk of a tidal wave of lawsuits
demn gross human rights violations of accusing them of exposing employees, cus-
homes.
ethnic Turkic Muslims in Xinjiang, and tomers, students, and worshipers to
(5) This standstill was needed to slow the
calling for an end to arbitrary deten- coronavirus. Health care workers face the
spread of the virus. But it devastated the
threat of lawsuits arising from their efforts
tion, torture, and harassment of these economy of the United States. The sum of
hundreds of local-level and State-level deci- to fight the virus.
communities inside and outside China; (13) They confront this litigation risk even
which was ordered to lie on the table; sions to close nearly every space in which
people might gather brought interstate com- as they work tirelessly to comply with the
as follows: coronavirus guidance, rules, and regulations
merce nearly to a halt.
At the appropriate place, insert the fol- (6) This halt led to the loss of millions of issued by local governments, State govern-
lowing: jobs. These lost jobs were not a natural con- ments, and the Federal Government. They
SEC. lll. PAYCHECK PROTECTION PROGRAM. sequence of the economic environment, but confront this risk notwithstanding equip-
Section 7(a)(36)(D) of the Small Business rather the result of a drastic, though tem- ment and staffing shortages. And they con-
Act (15 U.S.C. 636(a)(36)(D)) is amended by porary, response to the unprecedented na- front this risk while also grappling with con-
striking clause (i) and inserting the fol- ture of this global pandemic. stantly changing information on how best to
lowing: (7) Congress passed a series of statutes to protect employees, customers, students, and
‘‘(i) IN GENERAL.—During the covered pe- address the health care and economic cri- worshipers from the virus, and how best to
riod, in addition to small business concerns, ses—the Coronavirus Preparedness and Re- treat it.
any business concern, nonprofit organiza- sponse Supplemental Appropriations Act, (14) These lawsuits pose a substantial risk
tion, veterans organization, or Tribal busi- 2020 (Public Law 116–123; 134 Stat. 146), the to interstate commerce because they threat-
ness concern described in section 31(b)(2)(C) Families First Coronavirus Response Act en to keep small and large businesses,
shall be eligible to receive a covered loan if (Public Law 116–127; 134 Stat. 178), the schools, colleges and universities, religious,
the business concern, nonprofit organization, Coronavirus Aid, Relief, and Economic Secu- philanthropic and other nonprofit institu-
veterans organization, or Tribal business rity Act or the CARES Act (Public Law 116– tions, and local government agencies from
concern— 136), and the Paycheck Protection Program reopening for fear of expensive litigation
‘‘(I) employs not more than the greater and Health Care Enhancement Act (Public that might prove to be meritless. These law-
of— Law 116–139; 134 Stat. 620). In these laws Con- suits further threaten to undermine the Na-
‘‘(aa) 500 employees; or gress exercised its power under the Com- tion’s fight against the virus by exposing our
‘‘(bb) if applicable, the size standard in merce and Spending Clauses of the Constitu- health care workers and health care facili-
number of employees established by the Ad- tion of the United States to direct trillions ties to liability for difficult medical deci-
ministration for the industry in which the of taxpayer dollars toward efforts to aid sions they have made under trying and un-
business concern, nonprofit organization, workers, businesses, State and local govern- certain circumstances.
veterans organization, or Tribal business ments, health care workers, and patients. (15) These lawsuits also risk diverting tax-
concern operates; or (8) This legislation provided short-term in- payer money provided under the CARES Act
‘‘(II) is as described in clauses (i) and (ii) of sulation from the worst of the economic and other coronavirus legislation from its in-
section 3(a)(5)(B).’’. storm, but these laws alone cannot protect tended purposes to the pockets of opportun-
the United States from further devastation. istic trial lawyers.
SA 2565. Mr. CORNYN (for himself Only reopening the economy so that workers (16) This risk is not purely local. It is nec-
and Mr. MCCONNELL) submitted an can get back to work and students can get essarily national in scale. A patchwork of
amendment intended to be proposed to back to school can accomplish that goal. local and State rules governing liability in
amendment SA 2499 proposed by Mr. (9) The Constitution of the United States coronavirus-related lawsuits creates tremen-
specifically enumerates the legislative pow- dous unpredictability for everyone partici-
MCCONNELL to the bill S. 178, to con-
ers of Congress. One of those powers is the pating in interstate commerce and acts as a
demn gross human rights violations of regulation of interstate commerce. The Gov- significant drag on national recovery. The
ethnic Turkic Muslims in Xinjiang, and ernment is not a substitute for the economy, aggregation of each individual potential li-
calling for an end to arbitrary deten- but it has the authority and the duty to act ability risk poses a substantial and unprece-
tion, torture, and harassment of these when interstate commerce is threatened and dented threat to interstate commerce.
communities inside and outside China; damaged. As applied to the present crisis, (17) The accumulated economic risks for
which was ordered to lie on the table; Congress can deploy its power over inter- these potential defendants directly and sub-
as follows: state commerce to promote a prudent re- stantially affects interstate commerce. Indi-
opening of businesses and other organiza- viduals and entities potentially subject to
At the end, add the following:
tions that serve as the foundation and back- coronavirus-related liability will structure
TITLE II—SAFE TO WORK bone of the national economy and of com- their decisionmaking to avoid that liability.
SEC. 201. SHORT TITLE. merce among the States. These include Small and large businesses, schools, colleges
This title may be cited as the ‘‘Safe- small and large businesses, schools (which and universities, religious, philanthropic and
guarding America’s Frontline Employees To are substantial employers in their own right other nonprofit institutions, and local gov-
Offer Work Opportunities Required to and provide necessary services to enable par- ernment agencies may decline to reopen be-
Kickstart the Economy Act’’ or the ‘‘SAFE ents and other caregivers to return to work), cause of the risk of litigation. They may
TO WORK Act’’. colleges and universities (which are substan- limit their output or engagement with cus-
SSpencer on DSK126QN23PROD with SENATE
SEC. 202. FINDINGS AND PURPOSES. tial employers and supply the interstate tomers and communities to avoid the risk of
(a) FINDINGS.—Congress finds the fol- market for higher-education services), reli- litigation. These individual economic deci-
lowing: gious, philanthropic and other nonprofit in- sions substantially affect interstate com-
(1) The SARS–CoV–2 virus that originated stitutions (which are substantial employers merce because, as a whole, they will prevent
in China and causes the disease COVID–19 and provide necessary services to their com- the free and fair exchange of goods and serv-
has caused untold misery and devastation munities), and local government agencies. ices across State lines. Such economic activ-
throughout the world, including in the (10) Congress must also ensure that the Na- ity that, individually and in the aggregate,
United States. tion’s health care workers and health care substantially affects interstate commerce is
VerDate Sep 11 2014 08:41 Aug 05, 2020 Jkt 099060 PO 00000 Frm 00196 Fmt 4624 Sfmt 0634 E:\CR\FM\A04AU6.060 S04AUPT1
File and source
- File
- CREC_crec-2020-08-04_crec-2020-08-04-pt1-pgs4874.pdf
- Size
- 212,560 bytes
- SHA-256
- 48ff2f9e89d0c33d011d15a9864fe7ef2bb8174c49adadcbefd73595e2718810
- Original
- www.govinfo.gov