Liability Immunity (Cong. Rec., May 11, 2021)
Summary
Congressional Record, Senate, pages S2426 and S2427, May 11, 2021. Remarks under the heading Liability Immunity discuss the American Rescue Plan and say that a law firm tracking lawsuits over COVID–19 counted 20 medical malpractice cases filed in the United States and 60 personal injury cases filed over exposure in a public place. Earlier remarks on Illinois research mention $180 billion in investment in research and development in the American Jobs Plan. Cornyn speaks about supplemental unemployment benefits extended through September, and a cloture motion on the nomination of Cynthia Minette Marten to be Deputy Secretary of Education is printed.
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“Liability Immunity (Cong. Rec., May 11, 2021).”
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S2426 CONGRESSIONAL RECORD — SENATE May 11, 2021
labs have pushed the boundaries of ve- American Rescue Plan of President Joe As I kept pointing out to my Repub-
hicle and battery technology for dec- Biden. lican colleagues, they couldn’t show
ades, always looking ahead. Today, What did the plan do? Well, it bought statistically why this was necessary.
their pioneering work will produce bat- more vaccines. It invested dramati- The data never justified their pro-
teries that will last longer, charge fast- cally in the distribution of these vac- posals. That tsunami of lawsuits never
er, and can be recycled safely. cines across America. It turned around arrived. We are now over a year into
Look at our universities. The Univer- and kept the President Trump promise this pandemic. Over 32 million Ameri-
sity of Illinois at Urbana-Champaign of the cash payment of $1,400 for each cans, sadly, have been infected, and
produces some of the best engineers in individual. It extended unemployment nearly 600,000, tragically, have died. So
America. In Normal, you can find Illi- benefits so that people could continue how many lawsuits have been gen-
nois State University and Heartland to keep food on the table and pay their erated by all these terrible outcomes?
Community College, which produce a rent and mortgage payments until they Well, there is a law firm, Hunton An-
direct pipeline of new talent to compa- found good jobs. And it basically said drews Kurth, that has tracked all of
nies like Rivian. to small businesses: We are not giving the lawsuits filed in the United States
Illinois recognizes that science and up on you. We are going to help you, over COVID–19. I checked the totals
research are the backbone for the econ- whether it is the restaurant industry over the weekend. You may be asking:
omy. Our labs and universities prove it or other businesses. We want you to be Well, how many medical malpractice
time and again. This research drives back in business. We invested that cases have been filed in the United
the electric vehicle industry forward, money as a nation, and it was a critical States over the last year related to
and companies want to be right in the time to do it. COVID–19? The number: 20—20. And
middle of that environment. President Biden believed, and all the how many cases alleging personal in-
Beyond batteries, Illinois leads the Democrats supported him in this belief, jury from exposure to COVID–19 in a
way in research in clean energy tech- that we should move forward now or
public place have been filed? The num-
nology, quantum computing, artificial run the risk of falling behind in devel-
ber is 60 in the entire United States.
intelligence, and many of the other oping our economy. The American Res-
That is not a flood. That is not a tsu-
technologies we need to be part of the cue Plan was successful. It has given
nami. It is a trickle.
economy of the 21st century. assistance across the board to families In fact, the main litigation we have
President Biden understands that we and businesses and delivered resources seen involving COVID has been one
need research, too. His American Jobs where they were needed the most. It
business suing another business. For
Plan proposes $180 billion in invest- really matched the crisis with an ini-
example, there are 1,831 lawsuits in-
ment in research and development for tiative that was significant in scope.
But if my Republican colleagues had volving insurance disputes, 640 lawsuits
things just like electric vehicles. We involving business closures and stay-
have the opportunity to not only elec- had their way, the American Rescue
Plan would have looked a lot more like at-home orders, and 772 lawsuits in-
trify but to supercharge our future. volving contract disputes. It was not
Federal funding that matches the a giant corporate giveaway because all
throughout 2020, they were clamoring what was predicted on the floor over
President’s bold plan could transform and over again by Senators from the
more towns like Normal or Joliet into for massive handouts to big businesses
in the form of liability immunity. I am other side of the aisle.
powerhouses of American manufac- I am always troubled how the Repub-
turing. glad that my colleague from Texas is
on the floor because it is an issue that lican immunity proposals try to block
I listen to Republicans on the other infected workers and families from
side say: We shouldn’t spend so much. he has been interested in and has spo-
ken on the floor many times. suing corporations for negligence, but
We shouldn’t spend it on so many let corporations continue to file their
All last year, we heard from the
things that might affect our future. own COVID-related lawsuits by the
other side of the aisle that Congress
Take it easy. Take it slow. Wait and hundreds whenever they feel like it.
needed to give sweeping Federal liabil-
see what happens. How is that fair?
ity immunity to corporations when it
I couldn’t disagree more. I believe Americans deserve a chance
The Republican plan is a solid strat- came to their conduct during the pan-
demic. Well, we heard some dire warn- to have a day in court when these fami-
egy for second place in the world. I lies believe their loved ones have been
ings about the number of lawsuits that
don’t want to be part of an effort to harmed due to negligence or mis-
were going to be filed because of
bring the United States second in any conduct. For example, if a senior cit-
COVID–19. It was called a tsunami of
competition in the world. We may not izen dies because a nursing home re-
lawsuits by the Republican leader of
always be first, but we should always fused to share what it knew about the
the Senate.
strive to be first. Stepping away from One year ago today, on May 11, 2020, virus’s spread, I believe the families of
President Biden’s plan for manufac- Senator MCCONNELL spoke on the Sen- those victims deserve a chance to go to
turing and jobs and families is, unfor- ate floor and raised fears of ‘‘a second court and seek justice.
tunately, an easily predicted outcome. job-killing epidemic of frivolous law- Those types of cases are traditionally
We will not be able to succeed and cre- suits.’’ The next day, he came to the governed by State law. States can and
ate the jobs of the future. floor and kept the attack on, and he do adjust their State liability law to fit
I will continue to support robust, warned of ‘‘a tidal wave of medical the circumstances. As it turns out,
sustained funding for electric vehicle malpractice lawsuits.’’ That is from more than half the States have
infrastructure and innovation. I hope Senator MCCONNELL on the floor of the changed their liability laws, either
that both parties will. I hope my col- Senate. through legislation or executive ac-
leagues will join me in thinking in a Senate Republicans rallied behind a tion, in response to COVID. In my
big way about the future of America bill introduced by Senator CORNYN that view, some of the States went too far,
when it comes to the economy and in- would give corporations immunity to be honest with you, in shielding neg-
frastructure. I have seen the future it from accountability both in court and ligent behavior by corporations, but
can create in Normal, IL, last week, from regulators for conduct that could that was their call to make since this
and it is a bright one. be considered negligent under current is a State law issue.
LIABILITY IMMUNITY law. I argued against these corporate I find it surprising that my col-
Mr. President, the American Rescue immunity proposals. Granting corpora- leagues on the other side of the aisle
Plan was the Biden threshold initiative tions legal immunity gives them an in- want Congress to step in and impose
to bring to America what it des- centive to cut costs and cut corners sweeping Federal corporate immunity
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perately needed after this President when it comes to the health and safety that would override the laws of all 50
was sworn in on January 20 of this of workers and consumers. It gives a States. There was no justification for
year. Unfortunately, we didn’t have a pass to unreasonable and irresponsible doing so, and I am glad we didn’t. It
single Republican to support it—not behavior and puts people at greater would have made us less safe.
one. Not a single Republican Senator risk. I don’t think that is the right ap- I hope the next time we hear calls for
or House Member would support the proach. sweeping Federal liability immunity
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May 11, 2021 CONGRESSIONAL RECORD — SENATE S2427
during a national crisis, we remember recall that the American people were passed their $2 trillion so-called rescue
this experience and how the dire pre- reaping the benefits of one of the plan on top of the trillions of dollars
dictions of tsunamis and floods of law- strongest economies in American his- that we spent in 2020. If things con-
suits never came to pass. Let’s con- tory. The driving force behind that eco- tinue to go the rate we are on now, we
tinue to address this virus with tar- nomic boom, I think, was, in signifi- are in for an extremely long recovery.
geted relief much like the American cant part, the Tax Cuts and Jobs Act, In other words, sometimes policies that
Rescue Plan did. And as we emerge which we passed in 2017, which sought emanate from Washington actually
from the pandemic, let’s invest in the to help American families and the make the recovery harder, not easier.
areas that actually need support. That economy thrive by keeping more of Unfortunately, the administration is
is why Democrats support President what they earned and turning over less doing more to slow down the recovery
Biden again with the American Jobs to the Federal Government. In my than they are to solve it. Last year,
Plan and the American Families Plan, opinion, there is no question that it Republicans and Democrats worked to-
targeting investments that help the was one of the biggest contributors to gether to provide unprecedented assist-
American economy. our booming economy. ance to workers and their families hit
Like President Biden said last Our national unemployment rate had by this economic downturn. Bolstered
month, we have got to build our econ- reached a 50-year low, and we saw unemployment benefits were intended
omy from the bottom up and the mid- record unemployment rates for His- to provide laid-off workers with the
dle out and not from the top down. panics, African Americans, and Asian money they needed to support their
Giant corporations don’t need another Americans. Unemployment among families until they could return to
handout like immunity. They already women fell to the lowest rate since the work, and over the last year, many of
have all the help they need. I hope we early 1950s. That was prepandemic. those workers have, fortunately, got-
can work together to deliver real relief The benefits did not stop there, ten back on the job.
to the American people. These benefits were a lifeline for mil-
though. Wages were on the rise. The
I yield the floor. lions of families and, today, there are
poverty rate hit an alltime low, and
The PRESIDING OFFICER (Mr. still workers unable to find a new job.
millions of new jobs were being added
PADILLA). The Senator from Texas. But there are, unfortunately, also peo-
to our economy. Families were bring-
Mr. CORNYN. Mr. President I ask ple abusing the system, the generosity
ing home more of their hard-earned
unanimous consent to be able to com- of the American people, the American
paychecks, and median household in-
plete my remarks before the vote oc- taxpayer. The partisan relief bill our
come reached a record high.
curs. Democratic colleagues pushed through
But then the pandemic hit, as we
The PRESIDING OFFICER. Without earlier this year extended supple-
know, and things took a very sharp
objection, it is so ordered. mental unemployment benefits
Mr. CORNYN. Mr. President, listen- turn downward. Businesses closed their
through September of this year, far be-
ing to my friend, the Democratic whip, doors; workers lost their jobs; and the
yond the amount of time anyone would
reminds me that there is one type of unemployment rate skyrocketed from
have expected that those benefits, the
business that my Democratic friends 3.5 percent to nearly 15 percent in
supplemental benefits to the State un-
always support, and that is the lawsuit April.
employment benefits, would be needed.
business. As he pointed out, about half Fortunately, this dark economic pic- Even as vaccinations were on the
of the States have taken steps to pro- ture is gradually brightening. Thanks rise, our Democratic colleagues in-
tect their citizens from frivolous liti- to the investment we have made in sisted on extending these benefits
gation and other litigation that would therapeutics and vaccines in a histori- through September, and many of us
arise out of their good-faith following cally short period of time, thanks to predicted the outcome. Last spring,
of the guidelines laid down by the CDC, the ingenuity and perseverance of workers couldn’t find jobs. Now, busi-
the Centers for Disease Control. That workers and business owners, combined nesses can’t find workers.
is what we proposed here in the Senate. with the assistance that Congress has Between bolstered unemployment
And my friend’s, the Senator from Il- given them and, like I said, advance- benefits and a steady stream of stim-
linois’s view did prevail because I ments in modern science, we have ulus checks, many people who lost
found out that there is one—the most made steady progress. their jobs can’t be convinced to return
powerful lobby here in Washington, DC, The unemployment rate has steadily to the workforce. One restaurant owner
is the trial bar, and, unfortunately, it declined over the last year, reaching 6 in Texas said he had had plenty of ap-
is not just big corporations. I am sure percent in March, but the new data plicants; people just won’t show up for
big companies can take care of them- from April is a cause for concern. The the interviews. One day, when he had
selves. They have got lawyers; they unemployment rate increased by a scheduled eight interviews for poten-
have got compliance officers; and they tenth of a percentage point. It didn’t tial employment, only one applicant
have got people who can help them fig- go down. It went up. It is a bump that showed up. The next day, the same
ure out how to deal with the pandemic. wouldn’t have raised any red flags be- thing happened—five scheduled inter-
It is the mom-and-pop businesses, the fore the pandemic. But this single data views; one person showed up. He said:
music venues, the houses of worship, point is not the only indication of how It makes you wonder, are they just fill-
the schools, and the universities—those our economy is faring. Last month, ing these applications out to collect
were the ones that were reluctant to only 266,000 new jobs were added to the unemployment? Because, of course,
reopen, even complying with the CDC economy. That is a quarter—25 per- most unemployment benefits require
guidelines, because they were afraid of cent—of what economists had pre- you to apply for work and accept it if
being sued into oblivion. dicted. Now, again, 266,000 new jobs it is offered. But apparently here,
So my colleague’s views did prevail would not have been a bad jobs report whatever the incentives are, they are
here in the Senate, unfortunately, but, before the pandemic because we were simply persuading some people to fill
thankfully, States like mine—Texas is literally at nearly full employment, out applications but then not to seri-
currently in legislative session taking but we aren’t currently in a build ously pursue work.
appropriate steps to avoid this sort of mode. We are currently digging our In a year’s time, we have gone from
frivolous litigation, which will be like way out of a hole, a recession, to be the strongest economy in a generation
a wet blanket on our economic recov- specific. to the government paying people to
ery and on job creation. Again, this is We are still missing 8 million jobs stay home. This reminds me of the dis-
not a get-out-of-jail free card. These that existed prior to the pandemic. I cussion we had a couple of years ago
are citizens—American citizens—trying don’t think anyone expected all those when the Green New Deal was
ctelli on DSK11ZRN23PROD with SENATE
to do the best they can under very dif- jobs to come back overnight, but we launched. An overview of the bill was
ficult circumstances who have, in good did expect to be faring far better than listed on the website of one of its au-
faith, complied with the Centers for this. As I said, the economists said this thors and said that the government
Disease Control guidelines. is a quarter of what they anticipated. would foot the bill for any person who
I would like to rewind just a little bit Well, this is the first full month of is ‘‘unable or unwilling to work.’’ ‘‘Un-
to 2019, before the pandemic hit, and data since our Democratic colleagues able or unwilling to work,’’ that the
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S2428 CONGRESSIONAL RECORD — SENATE May 11, 2021
government would foot the bill—that back on the job. And we need to supply The question is, Will the Senate ad-
was the proposal initially when the the businesses that managed to survive vise and consent to the Palm nomina-
Green New Deal was rolled out. ‘‘Un- this past year with a reliable work- tion?
willing to work.’’ Don’t like the job? force. Mr. DURBIN. I ask for the yeas and
Don’t want to get out of bed in the Right now, the biggest hurdle to our nays.
morning? Don’t worry; hard-working economic recovery is the government The PRESIDING OFFICER. Is there a
Americans who are getting up and itself. That needs to change. If you sufficient second?
going to work every day will foot the asked the President or a number of our There appears to be a sufficient sec-
bill so you can stay home. I am sure it Democratic colleagues in the Senate, ond.
comes as no surprise that this received they would say the solution is easy— The clerk will call the roll.
a great deal of criticism and even ridi- the American Jobs Plan. Let’s spend The legislative clerk called the roll.
cule 2 years ago. more money. Mr. DURBIN. I announce that and
Unfortunately for the taxpayers who This proposal is part social safety the Senator from New Mexico (Mr.
actually do get up every morning and net, part infrastructure, and part tax- HEINRICH) are necessarily absent.
go to work, we are seeing this play out payer-funded spending spree. It is real- The result was announced—yeas 61,
in real time. Folks who lost their jobs ly designed to transform America into nays 37, as follows:
and who are now able but unwilling to Europe—a social safety net economy. [Rollcall Vote No. 180 Ex.]
return to work can continue to reap It spends more than $2.5 trillion on YEAS—61
the bolstered unemployment benefits things like electric vehicle chargers
Baldwin Graham Reed
that our Democratic colleagues pro- and home healthcare, which we are Bennet Grassley Romney
vided for them through September. happy to debate in any other context, Blumenthal Hassan Rosen
Another restaurant owner in Texas but what we really need is a jobs plan Blunt Hickenlooper Rounds
Booker Hirono Sanders
said that between the stimulus checks to get America back to work, not an- Brown Kaine Schatz
and the enhanced unemployment bene- other Trojan horse like we saw passed Burr Kelly Schumer
fits, it is tough to find people who want earlier this year and is currently being Cantwell King Shaheen
to work at all. He said: advertised, for example, under the Capito Klobuchar
Sinema
Cardin Luján
I believe our biggest competition in the job guise of being an infrastructure bill. Carper Manchin
Smith
market is the government. In order to finance this plan, along Casey Stabenow
Markey
Sullivan
This isn’t an isolated problem. In with the President’s American Fami- Collins Menendez
Coons Merkley Tester
Texas, the average unemployment ben- lies Plan, our Democratic colleagues Van Hollen
Cornyn Murkowski
efits equal more than $36,000 a year. In want to enact the largest tax hike in a Cortez Masto Murphy Warner
Washington State, you can receive generation. So contrary to what we did Crapo Murray Warnock
in 2017 by lowering the tax burden and Duckworth Ossoff Warren
$39,000 a year in unemployment bene- Durbin Padilla Whitehouse
fits. In Massachusetts, it is $41,000 a giving people more of what they Feinstein Peters Wyden
year. earned—and we have seen those tre- Gillibrand Portman
A few Governors have said their mendous economic results as a con-
NAYS—37
States will stop offering the bolstered sequence—our Democratic colleagues
Barrasso Hoeven Rubio
benefits because it is a disincentive for want to, while we are still at 6 percent Blackburn Hyde-Smith Sasse
workers to get back on the job. If you unemployment, raise taxes, which will Boozman Inhofe Scott (FL)
are able to stay home and bring in as further retard the economic recovery. Braun Johnson Scott (SC)
So to recap, the plan for economic re- Cassidy Kennedy Shelby
much money or maybe even more than Cotton Lankford
covery is to make it more expensive for Thune
you were earning while you were actu- Cramer Lee Tillis
ally working, what is the incentive to businesses to operate and nearly im- Cruz Lummis Toomey
go back? possible for them to find workers. No Daines Marshall
Tuberville
wonder the economy isn’t rebounding Ernst McConnell
This poor job report isn’t a surprise Fischer Moran
Wicker
to anyone who has spoken to employ- like we had hoped. That is what hap- Hagerty Paul
Young
ers, as I have, who have said repeatedly pened to the million jobs that were Hawley Risch
that no one wants to return to work projected to be in the latest jobs re- NOT VOTING—2
when they can get paid to stay home. port, but it was unfortunately a dis- Heinrich Leahy
Another factor that has likely con- appointing 25 percent of those million
tributed to the slow recovery is the jobs. The nomination was confirmed.
slow reopening of schools. Despite the So instead of building on the suc- The PRESIDING OFFICER (Mr.
fact that in many States, teachers are cesses of 2017 and the prepandemic LUJÁN.) Under the previous order, the
among the first individuals to get vac- economy, the administration wants to motion to reconsider is considered
cinated, the return to classrooms has double down on the old, tired belief made and laid upon the table, and the
been incredibly slow. Less than half that America can tax and spend and President will be immediately notified
the school districts throughout the regulate itself to prosperity. We don’t of the Senate’s actions.
country are operating fully in person. need dramatic tax increases for sweep- f
The nearly $2 trillion that our Demo- ing social safety programs to get our
cratic colleagues rammed through Con- economy back on track. We need to CLOTURE MOTION
gress in March did little to get us back replicate the same factors that led to The PRESIDING OFFICER. Pursuant
on track. It sent more than $120 billion our banner prepandemic recovery. We to rule XXII, the Chair lays before the
more to K–12 schools that were already need to get our children safely back in Senate the pending cloture motion,
flush with cash but attached no re- the classroom so their parents can re- which the clerk will state.
quirement that the money be used to turn to the workforce. We need to stop The bill clerk read as follows:
actually get children back in the class- paying workers to sit on the sidelines, CLOTURE MOTION
room, where we know they will learn and we need to give the job creators We, the undersigned Senators, in accord-
best. the ability to drive our economy for- ance with the provisions of rule XXII of the
If at least one parent has to be home ward. Standing Rules of the Senate, do hereby
with their children for even part of the Democrats don’t have an ‘‘American move to bring to a close debate on the nomi-
week, that makes it incredibly difficult Something Plan’’ for every problem. nation of Executive Calendar No. 65, Cynthia
for them to return to work. For single Sometimes all the government has to Minette Marten, of California, to be Deputy
ctelli on DSK11ZRN23PROD with SENATE
do is get out of the way. Secretary of Education.
parents, it is virtually impossible.
I yield the floor. Charles E. Schumer, Patty Murray, Mi-
If we are ever going to get our econ-
chael F. Bennet, Jack Reed, Jeanne
omy back on track, we need to get our VOTE ON PALM NOMINATION
Shaheen, Patrick J. Leahy, Martin
children safely back in school. We need The PRESIDING OFFICER. Under Heinrich, Catherine Cortez Masto,
to get people who are able but who are the previous order, all postcloture time Kirsten E. Gillibrand, Christopher Mur-
currently unwilling to work to get is expired. phy, Christopher A. Coons, Tammy
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