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Congressional Record, Senate, August 5, 2020, Page S4903

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A page of the Congressional Record, Senate, dated August 5, 2020, at page S4903, under the heading HEALS Act. Mr. Cornyn says negotiations on the next relief package seem to remain at a standstill, that the bolstered CARES Act unemployment benefits have expired and that schools need funding for protective measures, and he urges the Senate to stay in session until another coronavirus relief bill passes. Another speaker argues that the 140,000-limit on employment-based green cards and the per-country caps are outdated and inequitable, citing applicants from India. The page ends with remarks on good-faith talks between the Senate and the White House.

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“Congressional Record, Senate, August 5, 2020, Page S4903.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-08-05-crec-2020-08-05-pt1-pgs4903-53c9c8d4c0/, SHA-256 c673beb06c81e7336115f376d4e1b98a2de31b0fbd5ff2a6ff0addce45a324e9.

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                                               August 5, 2020                                    CONGRESSIONAL RECORD — SENATE                                                                S4903
                                               based immigrant visa than the speak-                    ject to our unanimous consent re-                                    HEALS ACT
                                               ers of Hindi, of Urdu, or of any of the                 quest—a request which I was prepared                     Mr. CORNYN. Mr. President, as our
                                               languages spoken in India?                              to accept.                                             Nation’s war against the coronavirus
                                                 As I mentioned a moment ago, you                        May I suggest that this is an illustra-              wages on, negotiations on the next re-
                                               have a real problem, a real inequity.                   tion of the bottom line that I raised in               lief package seem to remain at a stand-
                                               Overwhelmingly, the per-country cap                     my statement. In being stuck with a                    still.
                                               punishes would-be immigrants from                       140,000-limit on green cards for employ-                 The bolstered unemployment bene-
                                               India in a way that doesn’t affect any                  ment visas and country caps for that                   fits provided by the CARES Act have
                                               others, except maybe some from China.                   140,000 limit, we will continue to run                 expired. Principals and teachers—and
                                               By the way, he covers some of the lan-                  into the problem illustrated by the                    parents, I might add—are preparing to
                                               guage groups spoken in and around                       Senator from Florida.                                  begin the school year without adequate
                                               China, including Cantonese and Tai-                       There will be those who will want to
                                                                                                                                                              funding for the protective measures
                                               wanese. So why not Mandarin? Then, if                   create an exception to the overall
                                                                                                                                                              they need, and additional investments
                                               Mandarin, why not any of the lan-                       quota or the country caps, and there
                                                                                                                                                              into vaccines and treatments are des-
                                               guages spoken in India?                                 will be compelling, personal, and fam-
                                                                                                                                                              perately needed.
                                                 This cuts right to the heart of why it                ily reasons for them to ask for it. Time                 I believe the Senate should stay in
                                               is we need this reform and why it is we                 and again, they will find that, if they                session until we are able to pass an-
                                               have an Elvis Presley-era, outdated,                    get a privilege, it will be at the expense
                                                                                                                                                              other coronavirus relief bill, but
                                               outmoded, unwise, and fundamentally                     of someone else, and there will be an
                                                                                                                                                              Speaker PELOSI and Senate Minority
                                               inequitable     immigration    code—one                 objection.
                                                                                                         The only rational answer is to raise                 Leader SCHUMER seem to have zero
                                               that is at odds with the way our immi-                                                                         sense of urgency in delivering the sup-
                                               gration system works.                                   the cap on the green card quotas. These
                                                                                                       140,000 employment-based visas a year                  port those in our country need, includ-
                                                 Imagine two otherwise identical ap-                                                                          ing their own constituents, and they
                                               plicants for a visa, wherein they are ex-               might have made sense 30 or 40 years
                                                                                                       ago. They make no sense today in the                   have zero interest, apparently—at least
                                               actly the same in all respects—those                                                                           so far—in a bipartisan compromise.
                                               being their academic degrees they have                  world that we live in. We are talking
                                                                                                                                                                Despite the less-than-enthusiastic in-
                                               earned, their employment experience,                    about people in the United States who
                                                                                                       are working, who are trying to make                    terest from their own Members and a
                                               their background checks, their family                                                                          flatout veto threat from the White
                                               statuses, their earning potential, their                lives here of a more permanent nature.
                                                                                                       They love this country enough to want                  House, they continue to push the more
                                               job commitment, and professional cer-                                                                          than $3 trillion Heroes Act as a solu-
                                               tifications. Imagine they are identical                 to bring their families here—to relo-
                                                                                                       cate and live. They are working here                   tion to the crisis.
                                               in every single respect except for one—                                                                          Remember, this is legislation that
                                               that immigrant A happens to hail from                   and contributing in the computer in-
                                                                                                                                                              was so unpopular among Democrats
                                               Sweden and that immigrant B happens                     dustry, in healthcare, and in so many
                                                                                                       different areas. They are valuable and                 that it barely managed to pass the
                                               to have been born in India. Immigrant                                                                          House earlier this summer, and it in-
                                               A will be eligible to have an employ-                   important to the future of America.
                                                                                                         I sincerely hope that we can resolve                 cludes extraneous items, like tax
                                               ment-based immigrant visa application                                                                          breaks for millionaires and billionaires
                                                                                                       the issue that was brought up on the
                                               considered immediately. Immigrant B,                                                                           who live in blue States and diversity
                                                                                                       floor today. Equally important, if not
                                               simply by virtue of having come from                                                                           studies for the marijuana industry.
                                                                                                       more important, I hope that we will
                                               India, will, in many circumstances,                     have the will on a bipartisan basis to                   It doesn’t take a policy expert to see
                                               have to be on a waiting list for 200                    tackle comprehensive immigration re-                   that these portions of the bill have ab-
                                               years. This is wrong.                                   form. We did it 7 years ago. We passed                 solutely nothing to do with the crisis
                                                 I really would like, one day, for                                                                            at hand, and they demonstrate how
                                                                                                       it 7 years ago. It can be done with Sen-
                                               someone—anyone—to explain to me                                                                                unserious Speaker PELOSI and Demo-
                                                                                                       ators of good faith and good will who
                                               why it makes any sense to leave this                                                                           crats in the House have been and, un-
                                                                                                       will work together. Yet it will mean
                                               law on the books. One can’t. One will                   you will have to accept the premise                    fortunately, now joined by some of our
                                               not because there is no good reason for                 that there may be one additional, new                  colleagues here in the Senate—how
                                               doing so. If one can’t and if one will                  immigrant coming to America. Some                      unserious they are about actually solv-
                                               not, why on Earth would you want to                     people cannot stomach that, and they                   ing this problem to the best of our abil-
                                               weaken something and dilute some-                       object to any effort to change immi-                   ity.
                                               thing to create special privileges to                   gration laws that might result in an                     They even go so far as to call that
                                               one group of would-be employment-                       additional immigrant.                                  particular piece of legislation, the He-
                                               based green card holders simply be-                       This son of an immigrant, who hap-                   roes Act, a messaging document. Well,
                                               cause they happen to come from yet                      pens to be a U.S. Senator, believes that               that messaging document helps abso-
                                               another preferred country over the                      immigration defines this country, that                 lutely zero people. It is a wish list, a
                                               nonpreferred,      discriminated-against                our diversity defines this country, and                pipedream, and it is an effort to try to
                                               country? This is wrong.                                 that bringing people here who are will-                appease the most radical Members of
                                                 We have to get this thing passed. I                   ing to sacrifice and risk everything to                the Democratic caucus.
                                               am so grateful to DICK DURBIN and the                   be part of America’s future is part of                   Though Speaker PELOSI says the title
                                               work that he has done with me on this.                  the reason we have prospered as a na-                  of this legislation is a tribute to our
                                               I am grateful to my colleagues on both                  tion.                                                  healthcare workers, it is really a cruel
                                               sides of the aisle who have put together                  I hope that Senators on both sides of                joke. The bill itself does nothing to
                                               this bipartisan bill. I believe we are                  the aisle will have the good sense to                  protect them from one of the biggest
                                               close. I believe we are very close. I in-               come to that conclusion and that, at                   threats lurking around the corner.
                                               tend and plan and fully commit in the                   another time, with another Congress                      We are already beginning to see evi-
                                               coming days to keep pushing this. This                  and, perhaps, with another President,                  dence that the coronavirus pandemic is
                                               issue isn’t going away. We are going to                 we will have a meaningful and fair-                    moving from hospitals to courtrooms,
                                               get this thing passed.                                  minded conversation.                                   as lawyers have filed lawsuits against
                                                 The PRESIDING OFFICER. The Sen-                         In the meantime, I will work with                    our essential healthcare workers and
                                               ator from Illinois.                                     Senator LEE to resolve the differences                 any institution that has kept its doors
                                                 Mr. DURBIN. Mr. President, I am dis-




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                                                                                                       that we have, which are now down to                    open throughout this crisis.
                                               appointed. After all of these months of                 only a handful. As evidenced today, I                    This is something that has come up
                                               negotiation and of the emotion, inten-                  believe we have made dramatic                          in my conversations with many of my
                                               sity, and feelings that we share for the                progress. We are disappointed by the                   constituents in Texas over the last sev-
                                               people who are caught in this backlog,                  result, but we are not giving up.                      eral months—healthcare workers, edu-
                                               it is a real disappointment that, at the                  I yield the floor.                                   cators, nonprofits, restaurant workers,
                                               last moment, the Senator from Florida                     The PRESIDING OFFICER. The Sen-                      child daycare centers, retailers—the
                                               exercised his right as a Senator to ob-                 ator from Texas.                                       list goes on and on.



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                                               S4904                                             CONGRESSIONAL RECORD — SENATE                                                      August 5, 2020
                                                 They are worried about the carpet-                    keep their staff, their patients, and                    If the doctor and the hospital did the
                                               bombing of opportunistic litigation.                    their communities safe. And, of course,                best they could following those guide-
                                               After all, these are some of the very                   it includes protections for our incred-                lines, they should not be subjected to
                                               same people we have said must show up                   ible healthcare workers who have been                  these types of litigation.
                                               for work, must continue to provide es-                  on the frontlines of this crisis for                     Now, as I have said, the legislation
                                               sential goods and services to their com-                months.                                                would not provide blanket immunity.
                                               munities during this crisis. Now they                     Amid rapidly changing guidelines,                    Nobody is arguing for that, but we do
                                               are worried that we are going to throw                  staffing shortages, and scarce supplies                need clear guardrails to ensure that
                                               them under the bus and make them                        of personal protective equipment, they                 the dedicated healthcare workers and
                                               subject to lawsuits for doing the best                  continued to adapt and deliver the best                other essential workers who were act-
                                               they could under very difficult cir-                    possible care to their patients.                       ing in good faith will not be drained
                                               cumstances.                                               Just to give you one example of how                  dry by the trial bar.
                                                 Well, we can already see the commer-                  rapidly the guidelines are changing, in                  This legislation sets a willful mis-
                                               cials on TV or the billboards soliciting                March, the Texas Health and Human                      conduct or gross negligence standard
                                               these lawsuits. The trial bar is pre-                   Services Commission provided a man-                    to ensure that only bona fide, legiti-
                                               pared to file lawsuits against doctors,                 ual to nursing homes with guidance on                  mate claims are brought against these
                                               nurses, teachers, small business own-                   managing and preventing a COVID–19                     healthcare workers.
                                               ers—anyone and everyone who might                       outbreak. The manual was 28 pages                        The patients subjected to that type
                                               be able to pay a judgment or, more                      long. Since then, it has nearly tripled                of treatment have every right to sue
                                               likely, who has an insurance policy.                    in length.                                             and to be made whole, and this will
                                                 According to the law firm Hunton                        As we have learned more about this                   preserve that basic right. But it will
                                               Andrews Kurth, nearly 4,000 claims                      virus, guidelines have evolved, as you                 also make sure that the hard-working
                                               have already been filed—more than 275                   would hope they would, to ensure that                  doctors, nurses, emergency medical
                                               in Texas—but we are also talking                        our healthcare workers know the most                   technicians, and other medical profes-
                                               about circumstances under which the                     effective ways to quarantine, test, and                sionals who have acted in good faith
                                               statute of limitations is 2 years. So 2                 treat patients. That is an unequivo-                   are not pulled into litigation that
                                               years from the claimed incident, you                    cally good thing. It is strengthening                  could send them into bankruptcy.
                                               could file a lawsuit. So this is just the               our response, it is helping us slow the                  Over the past several months, our
                                               tip of the iceberg.                                     spread of the virus, and it is savings                 healthcare workers have navigated the
                                                 As our economy begins to reopen, so                   lives.                                                 dark, treacherous, and rapidly chang-
                                               will the floodgates, and we need to                       But it has also created a host of chal-              ing waters of this storm to save as
                                               take action now to prevent this tidal                   lenges for the healthcare workers who                  many lives as possible.
                                               wave of litigation from wiping out the                  are the very ones complying with these                   I should point out that I think about
                                               very workers, businesses, and institu-                  rapidly changing guidelines, doing the                 30 States have, at the State level, pro-
                                               tions we have been fighting to keep                     best they can under difficult cir-                     vided the kind of protection to
                                               afloat.                                                 cumstances.                                            healthcare workers I am talking about.
                                                 Leader MCCONNELL and I have intro-                      I learned about an elderly patient                     So we need to throw them a lifeline,
                                               duced the SAFE TO WORK Act to ad-                       who arrived at a hospital emergency                    not feed them to the sharks. Instead of
                                               dress this issue and to prevent this                    room during the early stages of the                    naming a bill in honor of our
                                               trial lawyer bonanza from bringing                      pandemic with a fever but no other                     healthcare heroes that does absolutely
                                               even more harm to our country and to                    COVID–19 symptoms.                                     nothing to help them, as the House has
                                               our economy.                                              At that point, testing supplies were                 done, let’s pass a bill that will honor
                                                 Unlike the unserious Heroes Act, this                 constrained, and the applicable CDC                    them.
                                               would give our healthcare workers ex-                   protocol was to limit testing only to                    If our friends across the aisle want to
                                               actly the kind of support they need,                    patients who met the strict criteria,                  help our healthcare workers and thank
                                               but I want to make clear what this leg-                 who had symptoms. And with only a                      them for their immeasurable sacrifices
                                               islation does and does not do.                          fever, this patient did not meet those                 they have made, liability protection
                                                 First, it is not a blanket shield from                criteria so he was not tested.                         would do exactly that.
                                               liability. It will not prevent bad actors                 The healthcare workers identified an                   So I hope our colleagues are prepared
                                               from being held accountable. It will                    infection site that could have been                    to acknowledge the widely known
                                               not     prevent    people   from    filing              causing his fever, so they treated him                 truth—that the Heroes Act is an
                                               coronavirus lawsuits, and it will not                   and discharged him with instructions                   unserious piece of legislation that has
                                               give anyone a ‘‘get out of jail free’’                  to return if his condition worsened.                   zero chance of becoming law. It is time
                                               card.                                                     Several days later, unfortunately, his               to stop playing games and get serious
                                                 In cases of gross negligence or willful               condition did worsen, and he went to a                 about what our country needs at this
                                               misconduct, where applicable public                     different hospital where he was given a                critical moment.
                                               health guidelines were ignored, the per-                COVID–19 test. The result came back                      As negotiations on the next relief
                                               son bringing the claim has every right                  positive, and ultimately he was admit-                 package continue, I would ask our col-
                                               to sue and to be made whole, and we                     ted to the intensive care unit.                        leagues to set aside the completely un-
                                               are not suggesting any change to that.                    Then, several days later, he trag-                   related priorities in the Heroes Act and
                                                 What we do need to do, though, is put                 ically passed away from coronavirus-                   focus on the changes that need to be
                                               some safeguards in place to help those                  related symptoms.                                      made to keep our healthcare and other
                                               who were operating in good faith under                    For the man’s family, I know this                    essential workers safe but also to pro-
                                               uncertain circumstances, under some-                    raises questions of how things might                   tect them from frivolous litigation.
                                               times changing guidance and direction,                  have been different today if he had                      The PRESIDING OFFICER. The Sen-
                                               even though they were trying to follow                  been tested on that initial visit in the               ator from Minnesota.
                                               all of the relevant guidelines.                         emergency room. They have said they                                      f
                                                 That includes protections for non-                    may file a lawsuit against the physi-
                                               profits that have gone above and be-                    cian and the hospital for not per-                                   BROADBAND
                                               yond to support their communities, as                   forming a test and admitting the man                     Ms. KLOBUCHAR. Mr. President, I
                                               the demand for their services has sky-                  to the hospital on the first visit.                    rise today to talk about a focus sub-




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                                               rocketed. It includes the schools, the                    But the doctors there were simply                    ject, which is access to broadband.
                                               colleges, the universities that are pre-                following the best advice they had at                    I will say that I know the negotia-
                                               paring to take every conceivable pre-                   the time and were constrained by the                   tions between the House and the Sen-
                                               caution to keep students and teachers                   number of tests available—only to test                 ate and the White House are con-
                                               safe this fall. It includes the hospitals               patients when they had symptoms of                     tinuing. I think it is very important
                                               that have been on the frontlines and                    the virus and, unfortunately, this                     for the American people that we do
                                               have fought significant headwinds to                    man’s symptoms did not qualify.                        this in good faith.



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