Congressional Record, Senate, December 30, 2020, Page S7976

Summary

A page of the Congressional Record, Senate, dated December 30, 2020, at pages S7976 and S7977, under the heading Coronavirus. Mr. Durbin urges a Senate vote on the House-passed $2,000 direct payment, saying the bill drew 44 Republican votes in the House. Mr. Cornyn asks whether the request could be paired with a liability shield for businesses acting in good faith, and Mr. Durbin answers that he does not agree with that approach. Mr. Sanders presses Mr. Cornyn on why the Senate cannot vote on the payment as a stand-alone bill, and Mr. Cornyn replies that the money is not targeted to people who have suffered financially, citing households with incomes over $350,000 and the $1,200 payments in the CARES Act. The page also mentions the 5 o'clock vote to override the veto of the Defense authorization bill.

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“Congressional Record, Senate, December 30, 2020, Page S7976.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-12-30-crec-2020-12-30-pt1-pgs7976-da0bfb2599/, SHA-256 8d76f0374a03596fd38a13f7ad8598eeb7fed8372cabef4d6e72498c7fc0ae79.

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S7976 CONGRESSIONAL RECORD — SENATE December 30, 2020
way, is not the right way to do it. I ob- a class struggle or whatever their argu- Mr. CORNYN. Mr. President, would
ject. ment might be. There is no other meas- the Senator from Illinois yield for a
The PRESIDING OFFICER. Objec- ure, including Senator MCCONNELL’s al- question?
tion is heard. ternative, which has any ghost of a Mr. DURBIN. I am happy to yield.
The Senator from Illinois. chance to help the families in this The PRESIDING OFFICER. The Sen-
f country with this $2,000 benefit. The ator from Texas.
only thing that will do it—the only one Mr. CORNYN. Mr. President, I won-
CORONAVIRUS der if the Senator from Illinois would
thing that will do it—is this bill that
Mr. DURBIN. Mr. President, I lis- has already passed the House of Rep- consider pairing their request for a
tened carefully and watched three oc- resentatives. $2,000 direct payment with a liability
casions on the floor this afternoon The House has recessed. When they shield provision that would guard busi-
where Senators SCHUMER, SANDERS, are going to return is uncertain. They nesses that have been operating in
and MARKEY have tried to create an op- certainly don’t have the time to work good faith and following the guidelines
portunity where the Senate would ac- through the regular order of business put out by public health and govern-
tually come together and vote, where to consider any new legislation even if ment institutions, and preserve a right
the Senate might make a decision we could send it in time, which I be- to sue for reckless and willful disregard
based on the merits of this issue, rath- lieve is very doubtful. So it is up to of the rights for others? Would the Sen-
er than to keep talking around the Senator MCCONNELL to decide right ator consider pairing those two to-
issue. here and now, are we going to come to- gether?
What is at stake is a substantial sum Mr. DURBIN. I would say in response
gether as a Senate this afternoon at 5
of money for families who are in the to my colleague, I know his passionate
o’clock, when we are supposed to be
midst of the struggle of their lives— defense of the notion for immunity
back and voting, and get this matter
$2,000—characterized a few moments from liability for corporations in
done?
ago by my friend from Texas as Bring it to the Senate for a vote. America. He has introduced a lengthy
‘‘Speaker PELOSI’s idea.’’ Well, I might Let’s have this vote up or down, and let bill on the subject. I don’t believe that
remind him that it is also Donald is consistent with keeping this Nation
the Democrats and Republicans express
Trump’s idea and still is. The President safe during a pandemic, and it cer-
their will on behalf of the families in
has told us this morning that we tainly is not responsive to any on-
this country.
should move on this as quickly as pos- I couldn’t agree more with the Sen- slaught of lawsuits.
sible, and although I don’t often come The Senator might be interested to
ator from Massachusetts and his char-
to the floor to agree with the Presi- know that the number of medical mal-
acterization of what families face
dent, he is right. In this instance he is practice cases filed in the name of
across this country and, certainly, in
clearly right. COVID–19 since the onset of this cur-
my home State of Illinois.
What are we doing now? We are call- rent pandemic is slightly higher than
I just wonder if any of the Repub-
ing Senators back to Washington from the total number of lawsuits filed by
lican Senators who are downplaying
the far reaches across the United Donald Trump in protesting the results
this economic crisis facing these fami-
States. This morning, I received some of the November 3 election. This is not
lies have really looked into the issue.
email and text messages from some of a tsunami of lawsuits.
This morning, in the Senator’s home I believe we can take reasonable
my colleagues hopping on airplanes at State of Texas, they showed an early measures to support and defend those
6 a.m. on the west coast to face a vote. morning television show and the cars corporations and companies that are
What is this vote all about? Well, first, that were lining up for food banks— making a good-faith effort to comply
it is to override the veto of the Presi- long lines of people waiting for food with public health standards and pro-
dent when it comes to the Defense au- banks. They interviewed some of them tect their employees and customers.
thorization bill. This was certainly in Texas who told heartbreaking sto- His bill, I am afraid, goes way too far.
something that was occasioned by one ries of how they once were volunteers The PRESIDING OFFICER. The Sen-
Senator, the junior Senator from Ken- at this same food bank and are now de- ator from Vermont.
tucky, who forced us into a position pendent for a helping hand if they were Mr. SANDERS. Mr. President, let me
where that vote needed to be taken going to be able to feed their families. concur with my friend from Illinois on
here. It could have been handled much These are people who are not lazy at the issue.
more efficiently and to the benefit of all. Misfortune has come their way, I have a question for my colleague
all Members if it was scheduled for the and the question is, Will we help? This from Texas. It is a very simple ques-
weekend when we were assuming a new is our opportunity—today. It is a meas- tion. You have concerns about the
session of Congress. But he insisted, ure that has passed the House of Rep- issue of corporate liability. I get that.
and we are returning and, frankly, put- resentatives, not some theory of some I happen not to agree with you. You
ting in peril again, in the midst of a legislation that might be considered are entitled to your opinion. You may
pandemic, Members of the Senate who tomorrow—today. Let’s have this vote or may not be concerned about section
are traveling from all the far reaches of today, this evening. When the Senators 230 of the 1996 Federal telecommuni-
this country to be part of this action in have returned, let’s determine whether cations bill. That is fine too. We might
Washington. or not this House-passed measure of have a discussion about how we protect
But it isn’t just the junior Senator $2,000 is going to be enacted into law, American democracy. It is a good dis-
from Kentucky who is having us sit since the President is clearly anxious cussion as well. But I have a strong
here in Washington and wait for things to sign it. feeling, Senator CORNYN, that in Texas,
that could be taken care of with dis- That to me is the reasonable thing to as in Vermont—you know what—people
patch. It is the senior Senator from do. In fact, it might even sound like are not really talking about corporate
Kentucky as well. He has decided that the U.S. Senate is taking a vote on a liability. It is a good issue. It is an im-
we will not get a vote on the House timely issue after a debate. We do it so portant issue. I don’t believe they are
measure to increase the payments to seldom around here that I think we talking about section 230. What I think
$2,000. Make no mistake, there is only have lost our muscle memory when it they are talking about, as the Senator
one way to bring this relief to the fam- comes to this activity in the Senate. It from Illinois just said, is how they are
ilies of America. It is to pass the bill is time to return to it. going to feed their kids today. That is
already enacted by the House of Rep- I thank the Senator from Vermont, the issue. And what I would ask my
resentatives—a bill which received 44 the Senator from Massachusetts, and, friend from Texas is, What is your

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Republican votes in addition to a sub- of course, the Democratic leader for problem with allowing the Senate to
stantial number of Democrats, with bringing this issue before us this after- vote on whether or not we are going to
only 2 voting no. Forty-four Repub- noon. But it shouldn’t end with our allow Americans, working-class people
lican votes joined with the Democrats great speeches. It ought to end with an to get a $2,000 check?
to call for this measure which many important vote for the people of this Now I gather that when that vote
have been decrying on the floor here as country. comes to the floor—and I hope it comes

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December 30, 2020 CONGRESSIONAL RECORD — SENATE S7977
immediately—you will vote no, and themselves victimized by frivolous liti- Republicans do, they are going to let it
you will explain to the people of Texas gation, then, we have no alternative be.
why you voted that way. That is called but to continue to object to this re- But I get back to my friend—my
democracy. I respect that. But what is quest. friend from Texas, Senator CORNYN. We
your problem with allowing the Senate The PRESIDING OFFICER. The Sen- are asking a simple question. If you
to have a free standing vote? ator from Vermont. want to bring up corporate liability,
There are a number of people on your Mr. SANDERS. Mr. President, if you bring it up. If you want to bring up sec-
side, Republicans, who have already listened carefully, you understood that tion 230, bring it up. If you want to
come forward and said yes, they want my friend from Texas did not answer bring up the man in the Moon, bring it
to vote for this $2,000 check. my question. He has a concern about up. But what the American people
Now, if you want to deal with cor- corporate liability. It is a legitimate want now is an up-or-down vote.
porate liability, that is fine. Let’s deal debate. Do you know what? Bring it to Look, you are going to vote against
with it at some point. Bring forward a the floor. Let’s vote it up or down. I it if it comes to the floor. That is fine.
bill, and we can vote on it up or down. will vote against it. You will vote for It is your right. Explain it to the peo-
All that we are asking for is a simple, it. But I asked you a very simple ques- ple of Texas. I will vote for it. But all
up-or-down vote on the issue that tens tion, not about linking things to- that I am asking for is the right, as a
of millions of people are talking about gether—nobody in the real world un- U.S. Senator, to have the vote.
right now: Will they survive economi- derstands that stuff. That is inside-the- Again I ask you: What is your prob-
cally in the midst of this terrible pan- beltway stuff. lem with Members of the U.S. Senate,
demic? What people in the real world know— including a number of Republicans,
I ask my colleague from Texas: What and I want to take a moment to read who have already indicated they would
is the problem with allowing the U.S. some of these statements. We have a like to vote for this? What is your
Senate to vote on the bill passed by the lot of people on our social media, and problem with bringing that up as a sin-
House? we asked the American people, just the gle stand-alone bill, not merged with
I yield to my colleague from Texas. other day: Tell me; what would a $2,000 corporate liability or anything else?
The PRESIDING OFFICER. The Sen- check mean to you? What is going on What is your problem with that?
ator from Texas. in your life? The PRESIDING OFFICER. The Sen-
Mr. CORNYN. Mr. President, I would And in just over 24 hours, I would say ator from Texas.
say to our colleague from Vermont, I to my friend from Texas, nearly 6,000 Mr. CORNYN. Mr. President, I would
have no problem with providing assist- people responded. Here is just what a say to our colleague from Vermont:
ance, whether it is to public health of- few of them had to say. This is Twitter This money is not targeted to people
ficials who are trying to struggle with stuff. So I don’t have their names here, who have suffered financially.
this pandemic or to provide money for and I wouldn’t use them publicly, any- Mr. SANDERS. Then vote against it.
research for the therapeutics or vac- how. But this is what they say. Mr. CORNYN. It is not targeted to
cines which, fortunately, are now being One person writes: ‘‘$2,000 is the dif- people who have suffered financial
distributed around the country. I have ference between keeping our apartment losses. This money would go to mem-
no objection to direct payments to in- and being evicted.’’ Here is another bers of your own staff if they meet the
dividuals. I voted for the $1,200 direct one: ‘‘$2,000 means I can afford to feed financial requirements and to other
payments contained in the CARES Act. my three kids.’’ Another response: ‘‘It government employees who have suf-
I voted for the additional money that would mean not having to choose be- fered no financial loss during this pan-
is provided for in the most recent tween rent and groceries and not hav- demic.
COVID–19 legislation. But this legisla- ing to ration my partner’s meds.’’ An- We have all suffered in different ways
tion that the Senator from Vermont is other response: ‘‘I am raising my during the pandemic, to be sure, but,
advocating would benefit households grandson with medical needs. I am financially, this money is designed to
with annual incomes of over $350,000. $4,000 behind on utilities. We need elec- help the people who need it the most.
They would get this money. tricity to run his medical equipment.’’ Why would you send money to govern-
I would say that one way to deal with Here is another response: ‘‘$2,000 would ment employees who have been receiv-
this—because, of course, we negotiated mean I wouldn’t have to worry about ing their full paycheck during this pan-
back and forth on the last COVID–19 making my mortgage payment this demic?
bill, and nobody got everything they month, and I could get my medica- Mr. SANDERS. That is a good ques-
wanted—but if our colleagues on the tion.’’ Another response: ‘‘$2,000 would tion. And then I will have to explain
other side of the aisle want an addi- mean paying my rent and getting life- that to the people of the State of
tional financial benefit for people mak- saving treatment because I can’t afford Vermont.
ing up to $350,000, why not couple it the $50 copay through my work insur- The PRESIDING OFFICER. The Sen-
with liability protection for people who ance just to see my neurologist right ator from Texas has the floor.
are acting in good faith? now’’—and on and on and on. Thou- Mr. SANDERS. He asked me a ques-
This isn’t just about corporations, sands of people responded. tion, as I understood it.
and our colleagues across the aisle So, I want to get back to the point. I The PRESIDING OFFICER. The Sen-
know it. This is about schools. This is want to again say to my friend from ator from Texas.
about churches, synagogues, and Texas: If you have a concern about cor- Mr. SANDERS. Did the Senator from
mosques. This is about every business porate liability—good issue—bring it to Texas ask me a question?
that is worried that a game of the floor. Let’s vote on corporate li- The PRESIDING OFFICER. The Sen-
‘‘gotcha’’ is going to take place and ability. ator from Texas.
they are going to end up paying the I would yield for a question from my Mr. CORNYN. It was more of a rhe-
price. Even if they win the lawsuit, friend from Illinois. torical question.
they will still have to pay for the cost Mr. DURBIN. Mr. President, I yield Mr. SANDERS. I took you literally.
of defense, potentially losing their for a question through the Chair. The PRESIDING OFFICER. The Sen-
businesses outright. I have listened to the figures used on ator from Texas.
Clearly, our colleagues across the the floor about families who would f
aisle care more about trial lawyers and qualify for the $2,000. It is my under-
being able to bring litigation against standing that an individual with an in- CORONAVIRUS
businesses that have tried to do their come of $75,000 or less could qualify for Mr. CORNYN. Mr. President, I want-

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best and have struggled with the evolv- the $2,000 payment, and for a joint re- ed to come to the floor and talk about
ing public health guidance provided by turn—husband and wife—$2,000 could be what strikes me as something akin to
the CDC and other authorities. Clearly, given to them if their income is under Groundhog Day. Groundhog Day is
if they are not interested in engaging $150,000. Is that your understanding? only the day I was born. It is some-
in a negotiation where people, who Mr. SANDERS. That is my under- thing I feel like we are living through
through no fault of their own, find standing. And I think, you know, as here as we debate the same points over

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