Usa Freedom Reauthorization Act of 2020

Floor Speech

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Mr. DURBIN. Madam President, I came to the floor this morning to listen to the statements made by the other side of the aisle in reaction to the proposal of Speaker Pelosi to deal with the coronavirus and the national emergency we face.

The Republican leader, Senator McConnell of Kentucky, as well as his whip, repeated their theme on the issue of the liability facing businesses and others because of the COVID virus pandemic which we are facing. In fact, the leader, Senator McConnell, has gone so far as to declare that there is a ``redline''--his words, a ``redline''--to bar any further assistance to State and local governments and other entities until we address this so-called liability question. He has gone so far as to say that he will refuse to fund the money that has been proposed officially by the Democrats to help our police, firefighters, paramedics, and teachers unless we provide guaranteed business immunity from COVID-19 lawsuits--lawsuits that might be brought by workers and consumers.

Senator McConnell's guaranteed business immunity is an invitation, sadly, for irresponsible corporations to cut corners when it comes to protecting workers as well as protecting their customers. The McConnell redline threat will result in more people being infected by the coronavirus and more people getting sick--exactly the opposite of what we should be doing as a matter of policy.

We also heard today, both from Senators McConnell and Thune, that there is no urgency in continuing to provide assistance across America because of the economic crisis that we face and certainly the public health crisis we face. I couldn't disagree more on both counts--the McConnell redline on guaranteeing business immunity as well as the argument that we have done enough. Let's sit back and wait and see what happens. I couldn't disagree more.

Yesterday, we had a hearing before the Senate Judiciary Committee. Senator Graham held the hearing and the title was ``Examining the Liability During the COVID-19 Pandemic.'' That hearing took place yesterday afternoon after Senator McConnell had come to the floor and had spoken about the concerns of businesses about lawsuits against them related to the COVID-19 virus.

In fact, Senator McConnell came to the floor yesterday morning and characterized the lawsuits that were being filed and pending because of this pandemic, and the words he used to characterize them were very explicit. He called it an ``epidemic of frivolous lawsuits.'' He referred to the ``minefield'' created by these lawsuits. He went so far as to call them a ``tidal wave''--``tidal wave,'' his words on the floor of the U.S. Senate when it came to these lawsuits related to COVID-19.

So I went into this with my staff and said: Tell me about this tidal wave of lawsuits. Here is what we discovered about this so-called tidal wave of lawsuits. As of Monday, there are 958 COVID-related cases that had been discovered in a tracking database of lawsuits filed in the United States--958. But then we took a closer look.

How many of these lawsuits were malpractice suits being brought against hospitals, clinics, doctors, nurses, medical professionals? Nine. Nine lawsuits. There have been 1.3 million Americans diagnosed as infected by the COVID-19 virus, and 9 lawsuits have been filed.

Senator McConnell calls that a tidal wave. A tidal wave? It is barely a ripple.

We added 27 other cases for personal injury. We are up to 36 cases out of 1.3 million Americans who have been diagnosed as infected--36 cases. That is not to say that they are all serious or all frivolous. No way of saying. I am counting all lawsuits of personal injury and medical malpractice brought because of COVID-19.

We took a look at other lawsuits. There are 260 lawsuits that have been filed by prisoners in jails arguing that they were held in an unhealthy, unsanitary, and unsafe condition. Is that what the Senator wants to stop? Does he consider that a tidal wave of lawsuits?

There are 171 cases brought against insurance companies. In other words, a business is suing an insurance company over the coverage they have in their insurance policy. Is that one of the avalanche of lawsuits that Senator McConnell is talking about?

There are 95 contract cases and 79 civil rights cases. We took a look at the civil rights cases being filed with mention of COVID-19, and, you know, many of them were being filed by businesses arguing that they should be allowed to reopen. Is Senator McConnell suggesting that we should be prohibiting those lawsuits as well?

What it comes down to is this. There is no tidal wave of lawsuits. We shouldn't condition helping businesses, unemployed people, and individuals across America because of this phantom threat of lawsuits. I am surprised that they didn't refer to a caravan of trial lawyers coming up to the courthouses across America. It just isn't there.

Yesterday, in a hearing, we had some excellent witnesses. One of the better witnesses, I will be happy to concede, was a person brought in by the Republican Senators. His name is Kevin Smartt. Kevin is the chief executive officer and president of Kwik Chek Food Stores out of Bonham, TX. He was speaking on behalf of the National Association of Convenience Stores.

He told the story of what he has done with his businesses and outlets and 600 employees to make it safer for them. He has really gone, based on his testimony, to great lengths to create a safe workplace. But Listen to what Kevin Smartt said about the problems he faces.

Here is his testimony: ``This was a challenge [mitigating the threat] because the guidance provided by the CDC, [OSHA] as well as state and local governments often conflicted with one another in addition to being vague and difficult to follow.''

What he was looking for and stated in his sworn testimony were guidelines for a safe workplace, guidelines for a safe business place, and they don't exist. One of the reasons came up earlier this morning when Senator Schumer came to the floor and said: We want to see the CDC guidelines released so businesses and individuals across America can see how to deal with this threat in the workplace.

There was an objection on the Republican side of the aisle for the publication of these CDC guidelines. They can't have it both ways. They can't argue through Senator McConnell that we should have guaranteed business immunity from liability and then basically say to the businesses, as Mr. Smartt told us, there are no guidelines.

You see, that is a defense in any lawsuit. We live by the guidelines. We have appropriate social distancing. We put up the plastic shields to protect employees and customers. We have people wearing masks.

Those are all good defenses in any lawsuit that might be brought, but the Republicans want it both ways: guaranteed immunity for the business but no guidelines from the government as to what is a safe practice. Mr. Smartt said that makes his job next to impossible in his important business in Texas.

But there were numbers given to us yesterday that really did show a tidal wave. Marc Perrone is the president of the United Food and Commercial Workers. He testified before our committee, and during the course of his testimony he told us that 162 of his workers--those who are in grocery stores, food processing, and particularly in meat processing, 162--have died from COVID-19.

Now, working in a meatpacking plant is something I know a little bit about. I worked my way through college--12 months--in a meatpacking plant in East St. Louis, IL. It is dirty, hot, and dangerous work, elbow to elbow with fellow workers. I saw it firsthand. It has changed--I am sure--over the years, but the fundamentals are still there, and that is the danger of that workplace. The most dangerous workplace in America--meat processing. There have been 162 deaths and 25,000 of Marc Perrone's workers who have been infected so far with COVID-19.

So, if you want to talk about a tidal wave, we ought to take a look at what those workers in meat processing are facing right now. Some companies are, conscientiously, trying to do the right thing and make their workplace better and safer and test their employees. I salute all of them. There are good people who are leading these businesses, and they are making good decisions, but they need the guidelines and standards of the CDC and OSHA. And the Republicans just objected to publishing those standards.

I want to tell you, there is a way through this pandemic in a sensible fashion that is fair to business and fair to workers as well. This notion that giving guaranteed immunity to businesses across the board is the answer is just plain wrong. Those businesses--many of them--will take advantage of that umbrella of protection from any lawsuits. They will cut corners. More people will be infected, and there will be more bad results.

Conscientious businesses like the one represented yesterday on the Republican side in the Senate Judiciary Committee deserve what Mr. Smartt is asking for--standards we can stand by and live with. HEROES Act

Mr. President, let me say a word about this HEROES Act that was released yesterday by Speaker Pelosi. Yes, she has asked for more money to be spent. We have to decide whether it is worth spending.

Is it worth giving more direct economic payments to families across America? I supported President Trump's call for those payments in the first round. Does he believe, do we believe, does the Senate believe that $1,200 is the end of the story for people who are struggling these days, facing unemployment, facing the hardships that are part of our economy?

The flood of people at our food banks tells us that people need more resources to provide the basics for their family. Senator McConnell has told us that is not an urgent need. Well, he ought to go to a food bank in Kentucky and take a look around. He is going to see a lot of people--not just Democrats but Republicans and Independents--facing the hardships of this economy.

To say it is not urgent that we provide money to hospitals--I will tell you, even in the areas of Illinois--smalltown, rural Illinois-- hospitals are struggling even if they don't have COVID virus infections to deal with. They are struggling because of the economy and people who are leery about going forward with elective surgery and outpatient treatment.

One thing to keep in mind: Even if you happen to have a hospital in a remote, rural area with little or no infection from the COVID virus, if you want to return to elective surgery, good medical practice requires that you test the patient before the surgery to see if they are positive for COVID virus. Hospitals I have talked to are also testing the drivers who are going to take the patient home after the procedure.

We need testing so that these hospitals, even in areas not directly affected by this pandemic, can get back in business and keep their doors open. What a tragedy it is, in any State, to lose hospitals in rural areas.

Speaker Pelosi, in her bill, the HEROES Act, calls for additional funds for these hospitals. I think there is a sense of urgency to that. Clearly, Senator McConnell does not.

The notion that we would honor the people who are working on the frontlines to make sure that they would be able to continue to serve us and to risk their lives for us in treating the patients--I think that is a priority, and there is a sense of urgency, and I think Speaker Pelosi was correct in including that money to give those first responders, health workers, and others a helping hand.

And let me say that this notion that we shouldn't be helping State and local governments--who in the world do we think is on the frontline in the battle against this national emergency, this pandemic? It is the doctors, of course, and the nurses, of course, but it is also our first responders, our policemen, our firefighters, and even our teachers.

If we don't provide the resources that have been lost to the States and localities because of this pandemic, there will be cutbacks in pay and layoffs for sure. Is that how we are going to answer this national emergency? I believe there is a profound sense of urgency here as well.

I notice that a couple of my colleagues are on the floor to speak, so I will wrap up my remarks by saying we need to stick with this program of helping America get back on its feet. We need to stand by the individuals who are struggling to feed their families and going to food banks to try to get by. We need to stand by those who are drawing unemployment insurance today with additional Federal help, trying to keep their families together while they are looking for a job and waiting for the economy to rebound.

We need to stand by the small businesses that cannot survive if we don't continue our assistance. This notion that because it was Speaker Pelosi who suggested it, it has to be a bad idea is just plain wrong and selfish.

Look at her proposals on their merits. They mirror what we have started to do with the CARES Act and need to continue to do. As I said yesterday, you don't build a bridge halfway across a river. You build it all the way.

Let's build it to the point where our economy can rebound with strength and people can get back to work. Let's stand by the workers and their families and the businesses and support the HEROES Act that has been introduced in the House of Representatives.

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