Congressional Record, Senate — December 9, 2020, S7293
Summary
This is page S7293 of the Congressional Record, Senate, December 9, 2020, with interleaved columns. It opens with the end of a bill text on a report about the definition of major food allergen, then Executive Calendar continues. Under the heading Coronavirus, Mr. Durbin says that March 23 was the day the CARES Act passed the Senate by 96 to 0, that the CARES Act was not enough, and that 12 million Americans will lose unemployment insurance on December 26. He describes a bipartisan group of Senators who wrote a COVID relief bill, says it has agreement on all but the issue of liability, and urges Senator McConnell to bring it to the floor. The views are attributed to the speaker.
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“Congressional Record, Senate — December 9, 2020, S7293.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-12-09-crec-2020-12-09-pt1-pgs7293-2-8e3ffa14f0/
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December 9, 2020 CONGRESSIONAL RECORD — SENATE S7293
(B) strategies to overcome gaps in surveil- Since then, many things have hap- We don’t know what to do with that,
lance and data collection activities related pened. We have also learned that the but we ought to look at the evidence.
to food allergies and specific food allergens; CARES Act was not enough. We So far in this calendar year, with 15
and thought this crisis would end long ago, million people infected with COVID–19,
(C) recommendations for the development
and implementation of a regulatory process
and it didn’t. Perhaps now with vac- fewer than 3 lawsuits per State—3 per
and framework that would allow for the cines coming online, we will see some State—have been filed in medical mal-
timely, transparent, and evidence-based dramatic changes in the few months practice or consumer personal injury
modification of the definition of ‘‘major food ahead, but what are we going to do in claims. There are a lot of other law-
allergen’’ included in section 201(qq) of the the meantime? Are we going to con- suits between businesses and with in-
Federal Food, Drug and Cosmetic Act (21 tinue to help those drawing unemploy- surance companies—by prisoners in jail
U.S.C. 321(qq)), including with respect to— ment? Are we going to continue to help saying that their confinement is dan-
(i) the scientific criteria for defining a food the businesses that are struggling to gerous to their health, people filing
or food ingredient as a ‘‘major food allergen’’ survive and to help their employees
pursuant to such process, including rec- lawsuits against Governors for issuing
make it through another week or an- orders to stay at home and close down
ommendations pertaining to evidence of the
prevalence and severity of allergic reactions other month? Are we going to do what businesses—but when it comes to the
to a food or food ingredient that would be re- is necessary to help State and local personal injury claims, there are very
quired in order to establish that such food or governments that have seen losses in few. Very few.
food ingredient is an allergen of public their revenues in historic terms? Are We know why—those of us who have
health concern appropriate for such process; we going to take care to provide the been involved in the practice of law.
and logistical support for the actual vac- One of the things that you have to
(ii) opportunities for stakeholder engage- cinations that are necessary across
ment and comment, as appropriate, in con-
prove to recover in a case is causation.
America? That question is unanswered That is rare in a case dealing with
sidering any such modification to such defi-
because we have done nothing—vir- coronavirus, to be able to pinpoint ex-
nition.
(b) PUBLICATION.—The Secretary shall tually nothing—since March 23. actly when you became infected and
make the report under subsection (a) avail- A group of Senators several weeks what the circumstances are. That is
able on the internet website of the Depart- ago met for a socially distanced, safe why so few lawsuits have been filed.
ment of Health and Human Services. dinner at one of the homes of my col- The Senator from Kentucky is insist-
f leagues and talked about another ap- ing that there be immunity to liability
proach—a new approach, a bipartisan as part of any agreement. It is a thorny
EXECUTIVE CALENDAR—Continued approach—to try to deal with COVID
The PRESIDING OFFICER. The Sen- topic, a difficult topic, a controversial
relief. If the leaders were unable to act, topic, but I plead with him to hold to
ator from Illinois. perhaps we could start the conversa- another day the overall issue of liabil-
CORONAVIRUS tion. ity. Accept this emergency bill that we
Mr. DURBIN. Mr. President, March I signed up for that effort with a
have put together as a bipartisan group
23—March 23 has been a long time from number of Republican Senators and
this date, and a lot of things have hap- of Senators to address this issue in the
Democratic Senators, and we set out to
pened in America since March 23. Over write a COVID relief bill—with our reality of the world we live in. To hold
200,000 American lives have been lost. staff’s help, of course. I didn’t realize it back because of some other major
Millions of Americans have been in- what I was getting into in terms of issue that has not been resolved is un-
fected with the COVID virus. Our fami- time commitment. We have spent lit- fair to American families and workers
lies have changed. Our lives have erally hour after hour after hour, day and students and health workers. We
changed. We have tried to adjust to the after day after day—multiple times in owe it to them to do everything in our
worst pandemic America has seen. a day sometimes—dealing with the dif- power to help them now.
We know that we have fallen short ficult issues of what America needs How can we in good conscience go
many times in providing the resources now in emergency relief because of this home for Christmas knowing that the
that were needed in a timely way. I can COVID–19 crisis. day after Christmas, 12 million Ameri-
remember in the early stages of this We have come to a general conclu- cans will see their unemployment in-
pandemic when in my State of Illinois sion on all but one issue as to what we surance disappear because of our in-
there were desperate phone calls from would propose, and we believe it should ability to act? What kind of spirit is
the Governor asking if I could find be done quickly. You see, on December that of any holiday season? I think we
some way to help, in Washington or 26, 12 million Americans will lose their need to be mindful of the fact that
any other place, to provide protective unemployment insurance. Businesses there are a lot of helpless people count-
equipment for the people in the struggling now will close between now ing on us to do something.
healthcare field. and then if we don’t do something. I hope we realize that this bipartisan
We know as well that many people Unfortunately, the speech given by effort put together by a group of Sen-
have seen businesses close in their the Republican leader on the floor this ators, which I have been honored to be
communities. In my hometown of morning suggests that whatever we part of, is a good-faith effort to answer
Springfield, IL, our favorite restaurant came up with and proposed is not going the basic questions of what is needed
is clinging to its business life, and we to be taken seriously. That is unfortu- now in America and what is needed on
are finding excuses to order food out as nate. I think there is real wisdom, bi- an emergency basis. It is a good bill—
often as possible to keep them open. partisan compromise in our proposal. far from perfect. It deserves a vote on
Others haven’t been so lucky. Their It is within the power of the Repub- the floor of the U.S. Senate.
businesses are closed, and their jobs lican leader to call this matter to the If Senator MCCONNELL has another
have disappeared. floor, and that is all we ask. Make it proposal that he wants to put on the
Millions of Americans are drawing subject to amendments, if you wish, floor as well, he certainly has that
unemployment. Many are waiting in but let’s get this debate underway. right as the majority leader, but to
long lines for food. Desperate decisions This silent, empty Chamber is no an- close the door on this bipartisan effort
are being made because people are in swer to the cries of American people is to reject a good-faith undertaking by
desperate circumstances. who are desperate for help in the midst Senators from both sides of the aisle,
A lot has happened since March 23. of this pandemic. Political posturing Democrats and Republicans.
The reason I mention that date is that and press releases from one side or the I plead with the majority leader, let’s
was the day we passed the CARES Act. other won’t put food on the table, not claim some political victory when
It was a momentous, historic effort—$3 won’t give a father peace of mind, this is all over at the expense of a lot
ctelli on DSK11ZRN23PROD with SENATE
trillion to try to rescue this economy, won’t give a mother the help she needs of helpless people across America who
to help the American people through with childcare, won’t give a student are battling this pandemic.
this crisis, to provide resources that the broadband service they need to I yield the floor.
were needed—and it was overwhelm- continue their education. I suggest the absence of a quorum.
ingly bipartisan. It passed the Senate There is an issue that still is unre- The PRESIDING OFFICER. The
by 96 to 0. solved, and it is the issue of liability. clerk will call the roll.
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S7294 CONGRESSIONAL RECORD — SENATE December 9, 2020
The senior assistant legislative clerk serving. I know that he will render dis- The question is, Will the Senate ad-
proceeded to call the roll. tinguished service to the country in vise and consent to the Broussard nom-
Mr. HAWLEY. Mr. President, I ask this capacity. ination?
unanimous consent that the order for I yield the floor. Mr. LEE. I ask for the yeas and nays.
the quorum call be rescinded. VOTE ON DICKERSON NOMINATION The PRESIDING OFFICER. Is there a
The PRESIDING OFFICER. Without The PRESIDING OFFICER (Mr. sufficient second?
objection, it is so ordered. SASSE). Under the previous order, the There is a sufficient second.
NOMINATION OF SEAN J. COOKSEY question is, Will the Senate advise and The clerk will call the roll.
Mr. HAWLEY. Mr. President, in a few consent to the Dickerson nomination? The legislative clerk called the roll.
moments, we are going to be voting on Mr. HAWLEY. Mr. President, I ask Mr. THUNE. The following Senators
a series of nominations to the Federal for the yeas and nays. are necessarily absent: the Senator
Election Commission, one of which is The PRESIDING OFFICER. Is there a from Georgia (Mrs. LOEFFLER), the
of personal interest to me. It is the sufficient second? Senator from Georgia (Mr. PERDUE),
nomination of Sean Cooksey to be a There appears to be a sufficient sec- and the Senator from South Dakota
Commissioner of that body. ond. (Mr. ROUNDS).
I know Sean personally because I The clerk will call the roll.
The senior assistant legislative clerk Mr. DURBIN. I announce that the
have had the great privilege of working Senator from California (Ms. HARRIS) is
called the roll.
with Sean for the last 2 years while he Mr. THUNE. The following Senators necessarily absent.
has served as the general counsel in my are necessarily absent: the Senator The PRESIDING OFFICER (Mr.
office. Sean is a native Missourian. He from Georgia (Mrs. LOEFFLER), the LANKFORD). Are there any other Sen-
comes from the eastern part of the Senator from Georgia (Mr. PERDUE), ators in the Chamber desiring to vote?
State, just north of St. Louis. He is a and the Senator from South Dakota The result was announced—yeas 92,
proud graduate of Truman State Uni- (Mr. ROUNDS). nays 4, as follows:
versity in the State of Missouri. He Mr. DURBIN. I announce that the [Rollcall Vote No. 259 Ex.]
comes from a working family there in Senator from California (Ms. HARRIS) is YEAS—92
the State, and his family still lives necessarily absent. Alexander Fischer Portman
there. The PRESIDING OFFICER. Are there Baldwin Gardner Reed
Sean has rendered exceptional serv- any other Senators in the Chamber de- Barrasso Gillibrand Risch
ice to me this last year and a half. In siring to vote? Bennet Graham Roberts
Blackburn Grassley Romney
fact, when I came to the Senate not The result was announced—yeas 49, Blumenthal Hassan Rosen
even 2 years ago, I have to say Sean nays 47, as follows: Blunt Heinrich Rubio
had more experience than I did, having [Rollcall Vote No. 258 Ex.] Booker Hirono Sanders
served in this body for several years be- Boozman Hoeven Sasse
YEAS—49 Braun Hyde-Smith
fore in the office—on the staff of Sen- Schatz
Alexander Ernst Portman Brown Inhofe
Schumer
ator TED CRUZ of Texas. Barrasso Fischer Risch Burr Johnson
Scott (SC)
Sean has done absolutely out- Blackburn Gardner Roberts Cantwell Jones
Shaheen
standing work in the last year and a Blunt Graham Romney Capito Kaine
Shelby
Boozman Grassley Rubio Cardin Kelly
half in my office helping us pass impor- Braun Hawley Carper Kennedy Sinema
Sasse Smith
tant legislation, including my first bill Burr Hoeven Scott (FL) Casey King
Capito Hyde-Smith Cassidy Klobuchar Stabenow
signed into law in the Senate, the Sup- Scott (SC) Sullivan
Cassidy Inhofe Collins Lankford
porting and Treating Officers in Crisis Collins Johnson
Shelby
Coons Leahy Tester
Act. This is a law that will direct new Sullivan Thune
Cornyn Kennedy Cornyn Lee
Thune Tillis
funding to police officers and other law Cotton Lankford
Tillis
Cortez Masto Manchin
Cramer Lee Cotton Markey Toomey
enforcement all across the State of Toomey Udall
Crapo McConnell Cramer McConnell
Missouri and across the Nation to get Cruz Moran Wicker Crapo Menendez Van Hollen
the help and support they need when Daines Murkowski Young Daines Merkley Warner
they are exposed to violence, when Enzi Paul Duckworth Moran Warren
Durbin Murkowski Whitehouse
they are exposed to situations that re- NAYS—47 Enzi Murphy Wicker
quire followup help, counseling. It gets Baldwin Heinrich Rosen Ernst Murray Wyden
them the resources especially in small Bennet Hirono Sanders Feinstein Peters Young
and local police departments in rural Blumenthal Jones Schatz
Booker Kaine Schumer
NAYS—4
areas, like those across my State. Sean Brown Kelly Cruz Paul
Shaheen
was instrumental in drafting this legis- Cantwell King Sinema Hawley Scott (FL)
lation and in getting it passed. It was a Cardin Klobuchar Smith
Carper Leahy NOT VOTING—4
proud day almost a year and a half ago Casey Manchin
Stabenow
Tester Harris Perdue
when President Trump signed that bill Coons Markey Loeffler Rounds
Udall
into law. Cortez Masto Menendez
Van Hollen
This is just one example of the out- Duckworth Merkley The nomination was confirmed.
Durbin Murphy Warner
standing service Sean has rendered not Feinstein Murray Warren f
just to my office but to the people of Gillibrand Peters Whitehouse
Wyden EXECUTIVE CALENDAR
Missouri and not just to the people of Hassan Reed
Missouri but to the people of the NOT VOTING—4 The PRESIDING OFFICER. The
United States. That is why, while I am Harris Perdue
clerk will report the next nomination.
sorry to see Sean go on a personal Loeffler Rounds The bill clerk read the nomination of
level, I am absolutely delighted for the The nomination was confirmed. Sean J. Cooksey, of Missouri, to be a
country because my loss is going to be Member of the Federal Election Com-
f
the gain of the United States of Amer- mission for a term expiring April 30,
ica. EXECUTIVE CALENDAR 2021.
I want to congratulate Sean on this The PRESIDING OFFICER. The The PRESIDING OFFICER. Under
nomination and what I think will soon clerk will report the next nomination. the previous order, the question is, Will
be his confirmation in just a few mo- The senior assistant legislative clerk the Senate advise and consent to the
ment’s time. read the nomination of Shana M. Cooksey nomination?
ctelli on DSK11ZRN23PROD with SENATE
I want to congratulate his family. I Broussard, of Louisiana, to be a Mem- Mr. HAWLEY. I ask for the yeas and
know this is a very proud day for them. ber of the Federal Election Commis- nays.
I believe Sean will be the youngest sion for a term expiring April 30, 2023. The PRESIDING OFFICER. Is there a
member of the Federal Election Com- The PRESIDING OFFICER. Under sufficient second?
mission, maybe in the history of this the previous order, all postcloture time There appears to be a sufficient sec-
body. I can’t think of anyone more de- is expired. ond.
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