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Senate on Coronavirus and Biden Administration Nominees — Congressional Record, December 1, 2020

Summary

This is page S7119 of the Congressional Record, Senate, December 1, 2020, continuing onto S7120. A senator whose name is not printed in the opening of the page says the time has come for Congress to pass a bipartisan COVID relief bill and says Senate committees should prepare to hold hearings on President-Elect Biden's nominees in January, immediately after the Georgia elections. Under Coronavirus, Mr. Thune states that Moderna filed for an emergency use authorization from the FDA for its COVID vaccine and that it is entirely possible the FDA will have authorized two COVID vaccines by the end of December. Mr. Thune also says Democrats and Republicans agree on more money for schools, testing and vaccines and on another round of Paycheck Protection Program relief. Mr. Durbin begins remarks asking how bad the COVID–19 pandemic is.

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“Senate on Coronavirus and Biden Administration Nominees — Congressional Record, December 1, 2020.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-12-01-crec-2020-12-01-pt1-pgs7119-2-de3cba7bb5/, SHA-256 88dff16e7ab35bf6e2a495ce7d63620878e30988346fd0725dfa109f90254d28.

Full text

                                             December 1, 2020                                  CONGRESSIONAL RECORD — SENATE                                                                S7119
                                             any point during this awful pandemic.                   of State, Tony Blinken, and his in-                    tor, and despite his career as a partisan
                                             The economic fallout of the pandemic                    tended Director of National Intel-                     warrior.
                                             spreads and spreads. November saw the                   ligence, Avril Haines, who is the first                  But a few critical tweets about sub-
                                             largest single 2-week jump in unem-                     woman to be nominated to serve in                      stantive policy positions have caused
                                             ployment benefit applications since                     that position. Like most Americans are                 Senate Republicans to label Ms.
                                             early April, and enhanced job benefits                  doing these days, our ‘‘meeting’’ will                 Tanden’s nomination ‘‘radioactive.’’
                                             are only a few weeks from expiration.                   take place over a video chat, and I am                 Spare us the hyperbole. Ms. Tanden, we
                                               The time has come for Congress to                     looking forward to asking both Mr.                     all know, is an eminently qualified
                                             pass a bipartisan COVID relief bill that                Blinken and Ms. Haines about their                     nominee who would be the first woman
                                             meets the needs of our workers, our                     views on a range of issues concerning                  of color to ever run the Office of Man-
                                             families, our schools, and our busi-                    American diplomacy, foreign policy,                    agement and Budget.
                                             nesses. The Republican leader of this                   and national security, and how to re-                    As Biden continues to name his
                                             Chamber knows very well that the only                   pair some of the damage to America’s                   team, I am sure we will hear some
                                             way to pass legislation in the Senate is                reputation and relationships abroad                    more of these overblown complaints
                                             with a measure of bipartisanship. But                   done by the past administration.                       from Republican Senators, but after
                                             time and time again, the Republican                       Now, after what all we went through                  the caliber of nominees that this Re-
                                             leader’s idea of action on COVID has                    over the past 4 years, I would expect                  publican majority confirmed over the
                                             been to bring partisan legislation to                   that almost all of President-Elect                     past 4 years, it will be impossible—im-
                                             the floor and then demand everyone ac-                  Biden’s nominees would be widely ac-                   possible—to take them seriously.
                                             cept it.                                                ceptable to the Senate. After all, Sen-                  The Senate committees should pre-
                                               Every single iteration has included                   ate Republicans confirmed several                      pare to hold hearings on President-
                                             poison pills designed to ensure that the                Trump nominees who lacked the nec-                     Elect Biden’s nominees in January, im-
                                             bill is bad—not consensus proposals.                    essary qualifications, who were mired                  mediately after the Georgia elections.
                                             That is not what these poison pills are                 in ethics scandals, and who made out-                  Let me say that again. The Senate
                                             at all, and he knows darn well the                      rageous and inflammatory comments                      committees should prepare to hold
                                             Democrats don’t agree to them. Well,                    in the past.                                           hearings on President-Elect Biden’s
                                             that is no way to do business around                      Republican Senators often argued                     nominees in January, immediately
                                             here.                                                   that a President deserves broad def-                   after the Georgia elections.
                                               The leader’s view seems to be that                    erence when it comes to their Cabinet                    That is customary for a new Presi-
                                             the only things that should be consid-                  and official appointments and blew                     dent. The Senate holds several hear-
                                             ered in the next COVID relief bill are                  past controversies that would in al-                   ings in January so that key Cabinet of-
                                             items that Republicans approve of,                      most any other time be disqualifying.                  ficials can be confirmed on January 20
                                             even if the needs of the country go way                 President-Elect Biden’s nominees, of                   and shortly thereafter. That is what
                                             beyond what is on their narrow list. So                 course, are in a different universe.                   the Senate did for President Trump
                                             I would plead again to the Republican                     Well, we are already starting to see                 and President Obama. That is what the
                                             leader and to my colleagues on the                      the switch start to flip now that Presi-               Senate must do for President-Elect
                                             other side, we need to come together.                   dent-Elect Biden is the one naming the                 Biden as well.
                                             Both sides—both sides—must be willing                   names. To take just one example, Sen-                    I yield the floor.
                                             to compromise.                                          ate Republicans reacted to the historic                  The PRESIDING OFFICER. The ma-
                                               While the Republicans in this Cham-                   nomination of Neera Tanden to run the                  jority whip.
                                             ber enjoy a majority, they must grap-                   Office of Management and Budget by                                       CORONAVIRUS
                                             ple with the fact that Democrats hold                   calling her ‘‘radioactive,’’ a ‘‘nutjob,’’               Mr. THUNE. Madam President, yes-
                                             a majority in the House. We cannot                      and expressing alarm over some crit-                   terday drugmaker Moderna filed for an
                                             make a law without Democrats in the                     ical tweets in the past.                               emergency use authorization from the
                                             House, and, frankly, Democratic votes                     After spending 4 years pretending                    FDA for its COVID vaccine. The FDA’s
                                             in the Senate because there are a good                  they didn’t see the latest insane tweet                Vaccine Advisory Committee is sched-
                                             number of Republicans who won’t vote                    from President Trump, Senate Repub-                    uled to discuss Pfizer’s COVID vaccine
                                             for any proposal.                                       licans seem to have found a newfound                   next week and is expected to review
                                               So we need a true bipartisan bill, not                interest in the Twitter feeds of Biden’s               Moderna’s shortly thereafter.
                                             another round of partisan Republican                    Cabinet selections.                                      That means that it is entirely pos-
                                             proposals put forward by the leader and                   With respect to the Office of Manage-                sible that by the end of December the
                                             then he makes take-it-or-leave-it de-                   ment and Budget specifically, Senate                   FDA will have authorized not one but
                                             mands, and that is it. We need to come                  Republicans lined up to confirm the                    two COVID vaccines that have so far
                                             together and come to agreement that                     previous     OMB      Director,   Russell              shown more than 90 percent effective-
                                             will not satisfy any one of us com-                     Vought, after he was at the heart of                   ness in preventing the disease. This is
                                             pletely but gets the job done. I hope                   the scandal that led to President                      very hopeful news, and it is a tribute to
                                             that as we get closer to the end of the                 Trump’s impeachment: withholding se-                   the innovative power of the private
                                             year, partisan posturing on the Repub-                  curity aid to an ally at war, Ukraine.                 sector and the efforts of Congress and
                                             lican side will give way to some gen-                     If Senate Republicans are worried                    the Trump administration to expedite
                                             uine compromises.                                       about someone with a partisan back-                    the development of COVID vaccines.
                                                    BIDEN ADMINISTRATION NOMINEES                    ground in OMB, perhaps they shouldn’t                    The light at the end of the tunnel
                                               Madam President, now, on another                      have voted to confirm Russell Vought,                  looks like it is on the way. At the same
                                             matter. President-Elect Biden con-                      who used to work not just at the Herit-                time, it is essential that we not mini-
                                             tinues to roll out an impressive slate of               age Foundation but for its partisan ad-                mize what is happening with COVID
                                             candidates he intends to nominate to                    vocacy arm. If Senate Republicans are                  right now. Cases are surging and are
                                             his Cabinet and other key administra-                   concerned about someone who made                       likely to surge further, and doctors and
                                             tive positions. They provide an incred-                 controversial comments running OMB,                    hospitals are struggling.
                                             ibly stark contrast to the caliber of the               perhaps they shouldn’t have confirmed                    It is essential that we maintain key
                                             nominees the Senate considered over                     Russell Vought, who once said: ‘‘Mus-                  safety measures until those vaccines
                                             the past 4 years. Not only are Presi-                   lims do not simply have a deficient                    arrive. Now, more than ever, we need
                                             dent-Elect Biden’s nominees exception-                  theology. They do not know God be-                     to keep wearing masks, wash our
                                             ally qualified and familiar with the in-                cause they have rejected Jesus Christ                  hands, and maintain social distance.




dlhill on DSK120RN23PROD with SENATE
                                             stitutions to which they are nomi-                      his Son, and they stand condemned.’’                   The more responsibly we act, the more
                                             nated, but they have a broad range of                     That was the previous OMB Director                   we can protect vulnerable members of
                                             backgrounds and experiences. They ac-                   condemning an entire religion. The Re-                 the population and keep our doctors
                                             tually look like America.                               publican majority confirmed him de-                    and hospitals from being overrun. Act-
                                               Today, I will be meeting with Presi-                  spite these inflammatory comments,                     ing responsibly can also help avert fur-
                                             dent-Elect Biden’s intended Secretary                   despite his conduct as interim Direc-                  ther economic shutdowns, which would



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                                             S7120                                             CONGRESSIONAL RECORD — SENATE                                                   December 1, 2020
                                             be a devastating blow to a lot of strug-                ago, but Democrats spent the fall de-                  pital so the patient could receive the
                                             gling businesses.                                       laying additional COVID relief by in-                  care that they needed. Think of that:
                                               I know that it has been a long, hard                  sisting on bloated legislation filled                  not an available space in the city of St.
                                             year and that everyone is tired of the                  with unrelated and unreasonable de-                    Louis.
                                             additional safety measures we have had                  mands. It has been impossible to nego-                   Last month a dear friend of mine,
                                             to take, but the beginning of the end is                tiate with Democrats for the simple                    feeling ill, who lived in Illinois, went
                                             in sight, and we need to hold on for a                  reason that Democrats have made it                     over to the St. Louis area and went to
                                             few months longer and keep doing ev-                    clear that compromise is not an option.                one of the most outstanding hospitals
                                             erything we can to prevent further                      ‘‘It is our way or the highway,’’ Demo-                in the city. She was told she couldn’t
                                             virus spread.                                           crats have said. It is either a multitril-             be admitted because there was no room
                                               At the same time, it is important                     lion-dollar bill or nothing at all.                    for her. She went to the second most
                                             that State and local governments use                       Democrats have to know that they                    reputable hospital in the city with the
                                             their authority responsibly and think                   don’t have a chance of getting their                   same report. Finally, with the third
                                             carefully about the impact of the                       bill through both houses of Congress                   try, she was admitted to another hos-
                                             health and safety measures that they                    and to the President’s desk, so the rea-               pital. Three days later she passed
                                             are putting in place. It is also essential              sonable thing for them to do, if they                  away. In a desperate situation, she was
                                             that elected officials ensure that they                 really want to help Americans, would                   turned away from two major hospitals
                                             are respecting our constitutional                       be to work with Republicans to pass a                  because they didn’t have room.
                                             rights—notably, the right of assembly                   bill that delivers at least some of what                 So we can argue long and hard about
                                             and the free exercise of religion—when                  they want. Republicans and Democrats                   the danger of this COVID–19, whether it
                                             imposing coronavirus restrictions.                      agree on a number of things, from more                 is something to take seriously or not—
                                               I was pleased to see the Supreme                      money for schools, testing, and vac-                   and there are still those who insist it is
                                             Court uphold this principle in its re-                  cines to another round of Paycheck                     not—but we can’t escape the reality
                                             cent decision suspending draconian                      Protection Program relief for the hard-                that 131⁄2 million Americans have al-
                                             New York measures targeting houses of                                                                          ready been infected with the COVID
                                                                                                     est hit small businesses.
                                             worship. New York City is not the only                     We should be able to arrive at com-                 virus and over 267,000 American lives
                                             place where churches have faced dis-                    promise legislation that both sides can                have been lost.
                                             proportionately     strict    restrictions.             agree to, and we should pass that com-                   My heart goes out to those families
                                             Earlier this year in Washington, DC,                    promise legislation before the end of                  and their loved ones, some of whom
                                             for example, the mayor celebrated                                                                              were my friends—and one very close
                                                                                                     the year. I was encouraged to hear that
                                             mass protests that vastly exceeded rec-                                                                        friend—who have lost their lives. And
                                                                                                     a few Democrats are looking to develop
                                             ommendations for gathering size, even                                                                          for all of those who are fighting
                                                                                                     bipartisan coronavirus legislation, and
                                             as she maintained strict restrictions on                                                                       COVID–19 today, including Members of
                                                                                                     I hope we will be able to convince the
                                             houses of worship.                                                                                             Congress, I wish them well, Godspeed.
                                               I was pleased to join an amicus brief                 Speaker and the Democratic leader
                                                                                                     here in the Senate that working with                   Get well and come back and join us in
                                             to the DC district court in support of
                                                                                                     Republicans—really       working     with              a positive way.
                                             Capitol Hill Baptist Church’s lawsuit
                                                                                                     them—and not pretending to negotiate                     As the number of infected Americans
                                             against the DC government asking that
                                                                                                     while refusing to actually compromise                  continues to rise, it is vital that we
                                             the church’s constitutional right to
                                                                                                     is the right thing to do for the Amer-                 continue to take safety precautions:
                                             free exercise of its faith be respected in
                                                                                                     ican people.                                           social distancing, wearing masks, and
                                             the same way as the protesters’ rights
                                                                                                        It has been a rough year for the coun-              staying home as much as possible.
                                             to freedom of speech.
                                               Throughout this pandemic we have,                     try. Let’s close it out by working to-                   I am worried about the health and
                                             unfortunately, seen a significant de-                   gether to deliver the additional relief                safety of our country, but I am also
                                             gree of hypocrisy from many on the                      that Americans need to weather the                     worried about the millions of Ameri-
                                             left who have called for or imposed                     rest of this pandemic.                                 cans who find themselves in dire
                                             strict restrictions on activities that                     I yield the floor.                                  straits as the economic impact of this
                                             they deem nonessential while cele-                         The PRESIDING OFFICER. The Sen-                     pandemic lingers. I think of some of
                                             brating activities that they approved                   ator from Illinois.                                    the restaurants in Chicago and in my
                                             of but that posed a significant risk of                    Mr. DURBIN. Madam President, how                    own hometown that I visited with my
                                             coronavirus transmission.                               bad is the COVID–19 pandemic? I am                     wife from time to time. They are gone.
                                               The First Amendment cannot be ap-                     sure we each look at it in personal and                They are not going to return.
                                             plied selectively, and when imposing                    family terms.                                            Sadly, every day, decisions are being
                                             coronavirus restrictions, lawmakers                        We have just gone through a Thanks-                 made by businesses just like those that
                                             need to exercise the greatest respect                   giving like no other, for my family and                they just can’t continue to lose money.
                                             for our first freedom—the free exercise                 for many others who decided that safe-                 It clearly is a call to action for Con-
                                             of religion—and ensure that churches                    ty was more important than being                       gress to do something.
                                             are not subjected to disproportionately                 physically in the same room with the                     Some choose to focus on the status of
                                             severe measures.                                        family members we love. So we turned                   the stock market indexes and monthly
                                               More than that, politicians should do                 to FaceTime, Zoom, and every other                     job reports as proof that the economy
                                             everything that they can to ensure                      contrivance we could find to maintain                  has recovered. In fact, I met with a
                                             that religious worship is supported as                  a connection with children, grand-                     group of Senators from the other side
                                             far as possible during the pandemic.                    children, and other people we love.                    of the aisle who said it is the dominant
                                             Worship is an essential activity, and it                   But the situation is dire. The infec-               opinion of the majority of Republican
                                             should be accorded the same respect                     tion and death rate in my home State                   Senators that we don’t need a stim-
                                             and deference that governments have                     has been heartbreaking in terms of the                 ulus; that we have recovered; we are on
                                             accorded to liquor stores, bike shops,                  number of people who have had their                    our way. I don’t see it that way at all.
                                             and nail salons.                                        lives changed, and some have had their                 I think we clearly need to bring life
                                               In the next couple of weeks, Congress                 lives ended because of it.                             into this economy that reaches fami-
                                             will be passing key legislation, includ-                   I can use one example of how bad it                 lies, neighborhoods, communities, and
                                             ing a bill to fund the government. I am                 is. It won’t mean much to those who                    towns.
                                             hoping that we will be able to add a                    are listening. The city of St. Louis is a                The Wall Street Journal and the Dow
                                             COVID relief bill to that list. While the               large metropolitan area—millions of                    Jones average are interesting to read,




dlhill on DSK120RN23PROD with SENATE
                                             money Congress has already invested                     people. I grew up nearby on the Illinois               but for most Americans, it is not part
                                             in COVID relief has gone a long way to-                 side of the river. One day last week the               of their regular life experience; it is
                                             ward meeting the country’s needs,                       St. Louis hospitals were unable to take                just a question about whether or not
                                             there is more that we need to do.                       a COVID–19 patient, and, as a result,                  they can keep their family-owned busi-
                                               Republicans put forward an addi-                      that patient was transported almost                    ness open or whether or not that store
                                             tional targeted relief package months                   100 miles away to Quincy, IL, to a hos-                or that restaurant they always valued



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                                             December 1, 2020                                  CONGRESSIONAL RECORD — SENATE                                                                S7121
                                             as part of their community is gone for-                   Just a few weeks ago, nearly 12 mil-                 the day, you have something to show
                                             ever.                                                   lion Americans indicated they would be                 for your efforts.
                                               We know the stock market or a sin-                    unable to pay their rent or mortgage in                   The reason I didn’t participate in the
                                             gle jobs report are not reliable meas-                  December. Where will they go? Housing                  press conference this morning is be-
                                             ures of the economy’s overall health.                   assistance that helps keep families in                 cause at the very end, an issue came
                                             The fact is, too many Americans are                     their homes during this public health                  up, which I believe is really so impor-
                                             still living life on the brink. Look at                 crisis, as we move into winter months,                 tant, that has to be resolved and re-
                                             the long lines of people in their cars                  has to be a top priority.                              solved fairly, and that is the issue of
                                             waiting for food, spending hours of                       For those who are saying that we are                 immunity from liability. Many of us
                                             their day trying to get a donation of                   out of the woods, we don’t need a stim-                believe that businesses—most busi-
                                             food. Some of them are embarrassed by                   ulus, look at those numbers on the Dow                 nesses—are doing everything they can
                                             the experience, though they should not                  Jones index—I ask you to tell that to                  think of to keep their employees and
                                             be. It reflects the reality of what life is             20 million Americans receiving unem-                   their customers as safe as possible, and
                                             like for many people who just a short                   ployment today or the countless small                  I salute them for it. But many of them
                                             time ago were volunteers at that same                   businesses that are facing closure.                    as well believe that we need to have
                                             food bank or contributed to it. They                      There is still a lot of hurt out there,              standards that they can live up to, so if
                                             are waiting anxiously for relief and                    and we need to get more relief out to                  they are ever challenged by an em-
                                             wondering if Congress even knows it.                    those who need it. News of the COVID                   ployee, by a customer, or even in court,
                                               We set a record of 88,000 Americans                   vaccine development is promising, but                  they can turn to a standard of care and
                                             hospitalized last Tuesday, a week ago.                  we are many months from building up                    point that they did everything they
                                             One-quarter of our hospitals are report-                the immunity that we need. In the                      could be expected to do at that mo-
                                             ing critical shortages of doctors and                   meantime, we must confront the virus                   ment in time.
                                             nurses who have been fatigued with                      with investments in testing, tracing,                     I believe that is a good defense and
                                             months on the frontlines. I can’t help                  and healthcare.                                        always has been to any accusations of
                                             but be personally moved by these doc-                     I want to, at this point, say a word                 wrongdoing. But there are some who
                                             tors and nurses who stand before us                     about an effort that was announced                     believe that there should be a different
                                             and talk about what it is like to be in                 this morning that I have been part of                  standard, an unreasonable standard—
                                             that emergency room day after day                       for several weeks. There is a bipartisan               one that I think goes too far in pro-
                                             after day. These are rock-solid profes-                 group of Senators in Congress who                      viding immunity from liability, not
                                             sionals who have given their life to the                have been talking about the very issues                just for good businesses but also for
                                             medical profession. How many times                      that I raised in this speech. I can’t tell             those that are not. And there are some.
                                             have we watched them break down in                      you how many hours they put into it.                   We need to have the courts available
                                             tears as they tell us what they are                     We have a group of eight Senators—                     for those who have been treated badly.
                                             going through? You talk about the                       four Democrats and four Republicans                    I think of the meat processing plants
                                             emotional stress that we face, the de-                  on this side of the Rotunda and a simi-                and some of the activities that were in-
                                             pression we face having to stay home                    lar group on the other side of House                   volved in the earliest stages, where the
                                             and away from our friends and family.                   Members—who have been trying to find                   employees didn’t receive the basic pro-
                                             Think about what they face every sin-                   a bipartisan path out of this current                  tection they needed. They came down
                                             gle day, plus the danger to their own                   situation. I want to salute them. On                   with the COVID virus, and many had
                                             personal health and the danger to their                 the Democratic side, I want to thank                   serious consequences in their lives. I
                                             families that is part of this. It really                MARK      WARNER     of   Virginia,   JOE              believe they deserve a day in court.
                                             begs for us to take this much more se-                  MANCHIN of West Virginia, and JEANNE                      I want to make sure that we pass this
                                             riously here on the floor of the U.S.                   SHAHEEN of New Hampshire. It has                       COVID–19 bill, as the group has
                                             Senate.                                                 been my honor to sit at tables on Zoom                 brought together or something like it,
                                               In the weeks leading up to Thanks-                    calls hour after hour after hour as we                 for $908 billion. We shouldn’t be de-
                                             giving, 1 in 8 Americans—126 million—                   hash through some of the difficult                     layed or diverted from this effort by a
                                             didn’t have enough to eat. Millions of                  choices that need to be made. On the                   debate over immunity from liability. It
                                             Americans are claiming some form of                     Republican side, I want to thank SUSAN                 is an important issue, but some 38
                                             unemployment insurance. If we do                        COLLINS, LISA MURKOWSKI, BILL CAS-                     States have already adapted their laws
                                             nothing—if we do nothing—in the Sen-                    SIDY, and MITT ROMNEY. They have put                   relating to COVID–19 liability. The
                                             ate, other than to act on the Executive                 as much time as I have, and many                       others can certainly do it, if they wish,
                                             Calendar, which the Republican leader                   times more, in this effort to bring us to              if they think they need it. That has re-
                                             referred to this morning, the day after                 a point where we can offer a solution.                 sulted in some things which are worth
                                             Christmas, 12 million Americans will                      They announced this morning that                     reporting.
                                             be cut off entirely from unemployment                   they have come to a conclusion that                       We are told that there is a tsunami of
                                             assistance—12 million. If we don’t do                   the spending part of this is going to be               COVID–19 lawsuits that are being
                                             something, those families will be in a                  manageable—doable—on a bipartisan                      brought against individuals and busi-
                                             desperate situation.                                    basis, and it should be called on the                  nesses. It turns out that nothing could
                                               If Congress fails to act, that day is                 floor for passage. I will tell you that                be further from the truth. There is a
                                             going to be an ominous, dark day in                     the $908 billion package they put to-                  law firm known as Hunton Andrews
                                             our history. The issues facing our                      gether is not what I wanted. I believe                 Kurth that monitors all lawsuits that
                                             State and local governments, which are                  there should be dramatically larger                    are filed in the United States every
                                             at the forefront of combating this cri-                 amounts put into this effort. But there                day. They have sought out how many
                                             sis, continue to be a priority. Their                   are some on the other side of the aisle                lawsuits relate to COVID–19 and the
                                             budgets are being hammered by shrink-                   who believe that little or nothing is                  coronavirus. Last week’s report is this:
                                             ing revenues, and without additional                    needed. They have tried to find a mid-                 Out of the some 121⁄2 to 13 million
                                             aid, many will have no choice but to ei-                dle ground, and I believe they have                    Americans who have been infected with
                                             ther cut important services that many                   with the $908 billion. The way it is allo-             the COVID virus, only 6,273 lawsuits
                                             rely upon or raise taxes on families al-                cated across the board in a draft frame-               have been brought in the entire Nation
                                             ready hard-hit.                                         work hits the major elements that we                   in the year 2020 that mention the term
                                               We must take action to protect our                    need to act on before we go home for                   COVID–19 or coronavirus. Well, you
                                             State and local government workers,                     Christmas in this month of December.                   think: Boy, that is a lot of lawsuits to




dlhill on DSK120RN23PROD with SENATE
                                             the firefighters, the teachers, the first               I am not happy with a lot of these fig-                be filed against doctors and nurses and
                                             responders. In the coming weeks, as                     ures, but that is what it is all about in              hospitals. Let me tell you, out of the
                                             many as 30 million Americans are fac-                   this world of the U.S. Congress: You                   total number, 6,000 lawsuits, only 10—
                                             ing the risk of eviction without addi-                  come together willing to sit down and                  10—nationwide have been filed for mal-
                                             tional help. Merry Christmas. You have                  listen to the other side and, if nec-                  practice claims, medical malpractice
                                             been evicted.                                           essary, compromise, so at the end of                   claims—10 lawsuits.



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                                             S7122                                             CONGRESSIONAL RECORD — SENATE                                                             December 1, 2020
                                               To argue that we ought to close the                   more. We can come to a conclusion,                                         NOT VOTING—8
                                             doors of the court to people who are                    and we must.                                             Harris            Loeffler        Schatz
                                             seeking relief, when so few lawsuits                      For the U.S. Senate to finish this                     Hawley            McSally         Whitehouse
                                                                                                                                                              Inhofe            Sanders
                                             have been filed, makes no sense at all.                 month without dealing with this very
                                             How many personal injury suits? How                     basic COVID–19 relief package is fun-                      The nomination was confirmed.
                                             many people have sued some person or                    damentally wrong. It is the highest pri-                   The PRESIDING OFFICER. Under
                                             entity or business saying, ‘‘On your                    ority for families and businesses across                 the previous order, the motion to re-
                                             premises, I contracted this COVID–19’’?                 America, and we owe them nothing                         consider is considered made and laid
                                             Well, out of 13 million who have been                   less.                                                    upon the table, and the President will
                                             infected, you would think the number                      I yield the floor.                                     be immediately notified of the Senate’s
                                             would be enormous. Twenty-two—that                        The PRESIDING OFFICER. The Sen-                        action.
                                             is the number—twenty-two personal in-                   ator from Mississippi.                                     The majority leader.
                                             jury lawsuits have been filed. One hun-                   Mr. WICKER. Mr. President, I ask                         Mr. MCCONNELL. Madam President,
                                             dred and ten of these additional law-                   unanimous consent for the vote on the                    I ask unanimous consent that the man-
                                             suits have been filed by employees for                  McNeel nomination to begin now.                          datory quorum call be waived.
                                             workplace situations. Out of all these                    The PRESIDING OFFICER. Without                           The PRESIDING OFFICER. Without
                                             lawsuits in the United States of Amer-                  objection, it is so ordered.                             objection, it is so ordered.
                                             ica for malpractice, personal injury,                     Under     the    previous   order,   all                                 f
                                             and workplace complaints, there are                     postcloture time has expired.
                                             142 lawsuits nationwide. Why would we                     The question is, will the Senate ad-                            CLOTURE MOTION
                                             hold up the $908 billion economic relief                vise and consent to the McNeel nomi-                       The PRESIDING OFFICER. Pursuant
                                             over this phenomena? Do you want to                     nation?                                                  to rule XXII, the Chair lays before the
                                             know where most of the lawsuits are                       Mr. ROUNDS. I ask for the yeas and                     Senate the pending cloture motion,
                                             being filed? Most of the lawsuits are                   nays.                                                    which the clerk will state.
                                             being filed between businesses, as well                   The PRESIDING OFFICER. Is there a                        The legislative clerk read as follows:
                                             as businesses versus their insurance                    sufficient second?                                                      CLOTURE MOTION
                                             companies, and prisoners who are peti-                    There appears to be a sufficient sec-                    We, the undersigned Senators, in accord-
                                             tioning the court for release from what                 ond.                                                     ance with the provisions of rule XXII of the
                                             they consider to be dangerous cir-                        The clerk will call the roll.                          Standing Rules of the Senate, do hereby
                                             cumstances. Those are the lawsuits                        The legislative clerk called the roll.                 move to bring to a close debate on the nomi-
                                             that make up the bulk of the cases                        Mr. THUNE. The following Senators                      nation of J. Philip Calabrese, of Ohio, to be
                                             that have been filed so far.                            are necessarily absent: the Senator                      United States District Judge for the North-
                                               There is no tsunami of lawsuits. The                  from Missouri (Mr. HAWLEY), the Sen-
                                                                                                                                                              ern District of Ohio.
                                             States are handling this matter respon-                                                                              Mitch McConnell, James E. Risch, Joni
                                                                                                     ator from Oklahoma (Mr. INHOFE), the                          Ernst, Marsha Blackburn, Mike Crapo,
                                             sibly and effectively, and there is no                  Senator from Georgia (Mrs. LOEFFLER),                         James Lankford, Thom Tillis, Roy
                                             indication that our tort system in this                 and the Senator from Arizona (Ms.                             Blunt, Roger F. Wicker, Pat Roberts,
                                             country needs to be dramatically                        MCSALLY).                                                     John Cornyn, John Hoeven, Jerry
                                             changed. That is why I really withheld                    Mr. DURBIN. I announce that the                             Moran, Lamar Alexander, Mike Braun,
                                             my attendance this morning at this                      Senator from California (Ms. HARRIS),                         David Perdue.
                                             press conference. The group has not                     the Senator from Vermont (Mr. SAND-                        The PRESIDING OFFICER. By unan-
                                             agreed on the basic issue of liability,                 ERS), the Senator from Hawaii (Mr.                       imous consent, the mandatory quorum
                                             but there were statements being made                    SCHATZ), and the Senator from Rhode                      call has been waived.
                                             that I could not agree with that I                      Island (Mr. WHITEHOUSE) are nec-                           The question is, Is it the sense of the
                                             didn’t want to suggest that I did, and                  essarily absent.                                         Senate that debate on the nomination
                                             that is why I didn’t attend. I am still                   The PRESIDING OFFICER (Ms. COL-                        of J. Philip Calabrese, of Ohio, to be
                                             ready to work on it. I want to work on                  LINS). Are there any other Senators in                   United States District Judge for the
                                             it and find a bipartisan way to protect                 the Chamber desiring to vote?                            Northern District of Ohio, shall be
                                             the rights of individuals who have been                                                                          brought to a close?
                                                                                                       The result was announced—yeas 53,
                                             wronged for their day in court, not to                                                                             The yeas and nays are mandatory
                                                                                                     nays 39, as follows:
                                             extinguish or take away any rights                                                                               under the rule.
                                                                                                                 [Rollcall Vote No. 241 Ex.]
                                             from any people, to acknowledge that                                                                               The clerk will call the roll.
                                             States have made decisions on COVID–                                        YEAS—53
                                                                                                     Alexander         Ernst                 Portman
                                                                                                                                                                The bill clerk called the roll.
                                             19 and are moving forward and are                                                                                  Mr. THUNE. The following Senators
                                                                                                     Barrasso          Fischer               Risch
                                             doing a very fine job, as those numbers                 Blackburn         Gardner                                are necessarily absent: the Senator
                                                                                                                                             Roberts
                                             indicate.                                               Blunt             Graham                Romney           from Oklahoma (Mr. INHOFE), the Sen-
                                               Let us not make the best the enemy                    Boozman           Grassley              Rounds
                                                                                                     Braun             Hoeven                                 ator from Georgia (Mrs. LOEFFLER),
                                             of the good. For those Republicans who                                                          Rubio
                                                                                                     Burr              Hyde-Smith            Sasse
                                                                                                                                                              and the Senator from Arizona (Ms.
                                             believe that the Cornyn bill on liabil-                 Capito            Johnson               Scott (FL)       MCSALLY).
                                             ity is an essential part of this package,               Cardin            Jones
                                                                                                                                             Scott (SC)         Mr. DURBIN. I announce that the
                                             do not deny unemployment insurance                      Cassidy           Kennedy
                                                                                                                                             Shelby
                                                                                                     Collins           Lankford                               Senator from California (Ms. HARRIS),
                                             and help to small businesses across                                                             Sinema
                                                                                                     Cornyn            Lee                                    the Senator from Vermont (Mr. SAND-
                                             America because we need to fight out                    Cotton            Manchin               Sullivan
                                                                                                                                             Thune            ERS), the Senator from Hawaii (Mr.
                                             this battle. If the Democrats had in-                   Cramer            McConnell
                                                                                                     Crapo             Moran                 Tillis           SCHATZ), and the Senator from Rhode
                                             sisted that we would have no COVID–19
                                                                                                     Cruz              Murkowski             Toomey           Island (Mr. WHITEHOUSE) are nec-
                                             bill unless we had minimum-wage leg-                                                            Wicker
                                                                                                     Daines            Paul                                   essarily absent.
                                             islation or family leave related to eco-                Enzi              Perdue                Young
                                                                                                                                                                The PRESIDING OFFICER (Mr.
                                             nomic circumstances, you would say:
                                                                                                                          NAYS—39                             CRUZ). Are there any other Senators in
                                             Why don’t you save that debate for an-
                                                                                                     Baldwin           Gillibrand            Peters           the Chamber desiring to vote or change
                                             other day? We don’t need it at this mo-                 Bennet            Hassan                Reed             their vote?
                                             ment. We do need it as a nation but not                 Blumenthal        Heinrich              Rosen              The yeas and nays resulted—yeas 58,
                                             at this moment. At this moment, we                      Booker            Hirono                Schumer
                                                                                                     Brown             Kaine                 Shaheen          nays 35, as follows:
                                             need to pass emergency assistance to




dlhill on DSK120RN23PROD with SENATE
                                                                                                     Cantwell          King                  Smith                        [Rollcall Vote No. 242 Ex.]
                                             the families and businesses across                      Carper            Klobuchar             Stabenow
                                             America.                                                Casey             Leahy                 Tester
                                                                                                                                                                                  YEAS—58
                                               I salute my friends who are part of                   Coons             Markey                Udall            Alexander         Braun           Cassidy
                                                                                                     Cortez Masto      Menendez              Van Hollen       Barrasso          Brown           Collins
                                             this effort, this bipartisan effort. I am
                                                                                                     Duckworth         Merkley               Warner           Blackburn         Burr            Cornyn
                                             glad that I spent the time that I did,                  Durbin            Murphy                Warren           Blunt             Capito          Cotton
                                             and I am still ready to work some                       Feinstein         Murray                Wyden            Boozman           Carper          Cramer




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