is not a novel concept, whether it's a response to the y2k, paranoia paranoia around the turn of the century, or the attacks of 9/11. and there are many, many more examples where congress has on a bipartisan basis responded to a national emergency and provided these sort of common sense legal protections. as we continue to work to support the american people during the crisis we are facing today, we can't ignore the onslaughtsu of lawsuits that cod consume small business and strangle our recovering economy. congress must act to ensure america doesn't wake up from this pandemic only to find it in the legal nightmare that we could and should have prevented. madam president, i yield the floor. >> today senators will continue debate on the nomination of brightman, , to be deputy housig and urban development secretary

at noon eastern lawmakers are expected to vote on his confirmation. and now to live coverage of the u.s. senate here on c-span2. the president pro tempore: the senate will come to order. the chaplain, dr. black, will lead the senate in prayer. the chaplain: let us pray. eternal god, the fountain of wisdom, we cherish your presence and honor your name. give our lawmakers the wisdom to live with honor, as they remember

their accountability to history and you. lord, remind them that you are glorified when they walk on the path of integrity, striving to please you in all they say and do. may their lives bring light to darkness, unity to division, and order to chaos. grant that they will be living letters read by those who desire to believe that you continue to rule in our world. we pray in your

sovereign name. amen. the president pro tempore: please join me in reciting the pledge of allegiance to our flag. i pledge allegiance to the flag of the united states of america, and to the republic for which it stands, one nation under god, indivisible, with liberty and justice for all. the presiding officer: the leadership time is reserved.

mr. grassley: madam president. the presiding officer: the senator from iowa. mr. grassley: i ask to address the senate for one minute in morning business. the presiding officer: without objection. mr. grassley: covid-19, as we all know, has thrown a wrench into america's corridors of commerce and manufacturing in addition to threatening lives and the loss of lives. the unprecedented effort to stop the spread has shut down life as we know it, closing schools, movie theaters, gyms, salons, and restaurants. in a hysterical approach to it, i always say we've had pandemics before but never has the government shut down commerce the way we have. our rules have disrupted our food supply chain and pulled the

rugs out from underneath our economy. and, yet, across my home state, iowa's businesses and industries stepped up to the plate. ethanol plants, local distilleries, others teamed up to produce han sanitizers for -- hand sanitizers for hospitals, nursing homes and local law enforcement. others retooled their factories and redirected their workforce to show -- to sew masks, produce face shields and to protect equipment for frontline workers. across iowa businesses shown there's nothing halfway about the iowa way. i yield the floor.

mr. mcconnell: madam president. the presiding officer: the majority leader. mr. mcconnell: our health care sector continues to battle the coronavirus at every level, doctors, nurses, hospital workers, researchers, and public health leaders are working constantly to protect americans and fight this invader. unfortunately, madam president, the last two months stoppage of much of our national life was never going to permanently extinguish the virus. that task will be ongoing. the stated purpose of this effort was to prevent a rapid spike that could have completely overwhelmed the medical capacities of many areas and the patriotic sacrifices of the american people have worked.

we have brought our health care system that breathing room we needed. as we cautiously move forward, major precautions will remain in place. soom routines will not go -- some routines will not go back to normal for a long time. but as a nation we need to reground and find a middle ground between total lockdown and total normalcy. let me say that again. we need to find a middle ground between total lockdown and total normalcy. while we battle the virus through isolation, treatment, and hopefully soon a vaccines, we need to reopen the country. if americans want to go back to work and back to school in the fall, we will need to reopen the country. no doubt there will be many discussions here in congress about more ways we could help

make that happen. already we're hearing that house democrats are cobbling together a big laundry list of pet priorities. even the media is describing it as a partisan wish list with no chance -- no chance of becoming law. that, madam president, is exactly the wrong approach. it is the wrong approach when a senior democrat calls this pandemic, quote, a tremendous opportunity to restructure things to fit our vision. it's the wrong approach when former vice president biden calls this tragedy, quote, an incredible opportunity to fund and menially transform the country. the american people don't need a far-left transformation. they just need a path back to historically prosperous and optimistic moment that they had built for themselves until about 12 weeks ago. the american people don't need a far-left transformation, they just need a path back to the

historically prosperous and optimistic moment they had built for themselves until about 12 weeks ago. american workers don't need washington to inflict some far-left extreme makeover of our country. they need us to get rid of obstacles that might stand in their way. one such obstacle is becoming obvious. the second epidemic of fliflus lawsuits -- frivolous lawsuits could follow the actual pandemic and crush our recovery before it begins. already more than two-thirds of independent business owners say they are specifically worried about a legal liability mindfield -- minefield getting in the way of reopening. already plaintiffs lawyers have begun filing hundreds of covid-related complaints in our courts all across our country. this is exactly the kind of hostile environment that could take our reopening and recovery

from challenging the downright impossible. from challenging to down right impossible. so the senate's going to act. senate republicans are preparing a major package of covid-related liability reforms to fos our our economic recovery. this package which senator coyne and i are spearheading will extend protections for those on the front lines of this response and those who will be on the front lines of our reopening. first and foremost we will protect the health care workers who have been locked in combat with this mysterious new disease. we're not going to let health care heroes emerge from this crisis facing a title wave -- tidal wave of lawsuits. we aren't going to federalize the entirety of medical malpractice law, but we are

going to raise the liability threshold for covid-related malpractice lawsuits. this will give our doctors, nurses, and other health care providers a lot more security as they clock in every day and risk themselves to take care of strangers. second, we are including new legal protections for the businesses, nonprofits, and government agencies that have kept serving throughout the crisis. and for those that will need to lead the reopening. we are facing the force layoffs since the first depression in a storm of uncertainty for main street businesses. americans want to get back to work and we need to do everything in our power to help that happen. also, madam president, k through 12 schools contribution -- schools, colleges and universities are uncertain about the fall. if we want schools to reopen this fall, we'll have to create

the conditions to make that possible. we want schools to reopen this fall, we have to create the conditions to make that possible. if we want even an outside shot at the kind of brisk rehiring that american workers deserve, we have to make sure opportunistic trial lawyers aren't outside every small business in america waiting to slap them with a lawsuit the instant they turn the lights back on. our legislation is going to create a legal safe harbor for businesses, nonprofits, governments, and workers and schools who are following public health guidelines to the best of their ability. to be clear now, we're not talking about immunity from lawsuits. there will be accountability for actual gross negligence and

intentional misconduct. that will continue. we aren't going to provide immunity but we are going to provide some certainty if we want american workers to clock back in, we need employers who know if they follow the guidelines, they will not be left to drown in opportunistic litigation. we are going to make sure it is the trial lawyers and not struggling job creators that will need to clear a very high legal burden. in addition, i hope our bill will find ways to expand existing protections for the manufacturers of therapeutics, diagnostics and potential vawks, things -- vaccines, things we are urging the private sector to produce as fast as possible. and i hope we'll be able to create new protections for other medical equipment manufacturers as well like the policies we put in the cares act to increase the supply of masks.

so, madam president, it is all well and good to give rhetorical tributes here on the floor to health care professionals, essential workers, key industries, small businesses, charities, and nonprofits, rhetoric is well and good, words matter, but actions matter more. americans on the front lines do not just senators to talk about how important they are, they need action. they need us to provide the same kinds of commonsense legal protections that congress has enacted a number of times previously in difficult or unusual periods. american taxpayers deserve these protections as well. the men and women of this country just saw congress commit historic amounts of their own money to sweeping recovery legislation so that we could help health care facilities, small businesses survive the crisis. we're not going to stand idly by

while a small group of wealthy lawyers vacuum up this relief money and redirect it into their own pockets. strong legal protections are the right move for doctors, nurses, hospitals, schools, universities, for workers who want their jobs back, for small business owners who are struggling to stay open, for nonprofits that have helped the vulnerable and for taxpayers who want their money to finance a real national rescue and not the biggest trial lawyer bonanza in american history. senate republicans are going to continue to develop this legislation. it's going to be a red line for us in any future coronavirus legislation. the administration has already stated its support for action on this issue as well. american heroes across our country deserve these basic

protections. this senate majority will make sure they get them. mr. mcconnell: i suggest the absence of a quorum. the presiding officer: the clerk will call the roll. quorum call:

mr. schumer: madam president. the presiding officer: the democratic leader. mr. schumer: i ask unanimous consent the quorum be dispensed with. the presiding officer: without objection. mr. schumer: now, no challenge in our lifetime resembles the depth of our current challenge. we have faced diseases and recessions and natural disasters. but at no time in my lifetime has a public health crisis on this scale been paired with such an extensive economic disaster. finally, finally, we're beginning to see signs that the spread of this evil disease has

abated in parts of the country. not over, but at least the curve is going down. my home state, new york, is just beginning to turn the corner. but unfortunately, there are many parts of the country that have not yet reached their peak. the unemployment rolls are as long as they have been since the great depression. working americans are struggling to pay rent, put food on the table, and many have no idea when the next paycheck may arrive. it breaks your heart to see people waiting for hours in their cars to line up at food banks, and when they are interviewed by the press, they are people who never went to a food bank before. that's how deep and troubling this crisis is being. so we here in congress have an obligation to do the nation's business during this time of crisis, to be focusing on this crisis, to help the millions of american workers and businesses pleading, pleading for

assistance. the constitution instructs us to provide for the common welfare, but at this critical juncture in our nation's history, the republican leadership, led by leader mcconnell, is ducking their responsibility, plain and simple. leader mcconnell has yet to schedule any legislative business for the floor of the senate this month having to do with covid. it has taken sustained pressure from senate democrats to force our republican colleagues to conduct even the routine business of holding hearings on the coronavirus. we have had a few hearings now but not many. where's the s.b.a. administrator to talk about the problems in p.p.p.? where's secretary scalia to talk about the problems in unemployment insurance? where are the osha executives to talk about how we protect workers from this pandemic, particularly when they are required to go to work?

and are not around. and even the hearings we are having are slow. they are sort of eked out like toothpaste from a tube. the word is we're hearing from mnuchin and powell on the 19th. that's close to two months after we passed covid 3. that's not oversight. that's not congress' job at any time, made even worse because we're in a crisis. and then last night, amazingly, the republican leader explained that republicans have, quote, not yet felt the urgency of acting immediately. let me repeat that. with millions of americans sick and tens of thousands dying, with depression levels of unemployment, the republican leader mcconnell said that republicans have, quote, not yet felt the urgency of acting

immediately, unquote. we live in a divided nation, but one thing that pretty much everyone agrees on is there is a great deal of urgency right now. leader mcconnell, there is nothing more urgent to a family that is struggling to feed their children and keep a roof over their heads. leader mcconnell, there is nothing more urgent to a small business owner who is inches away from closing the doors of his life's work. republican leadership needs to wake up, wake up to the dire economic reality tens of millions of americans are facing. we must pass big, bold legislation to confront the crisis before us. that's just what the house of representatives is working on right now. we don't believe that our two parties will agree on everything we must do, but at the very least, at the very least, we should agree there is an urgency to provide a relief to our

citizens who are suffering and struggling. president hoover lacked the urgency to get the federal government involved at the outset of the great depression. every history book teaches us that his era prolonged and likely deepened the suffering of american workers. when republican leaders look at unemployment numbers and say we don't need to act immediately, that government's done enough already, they are the latter day herbert hoovers, and i fear it could lead to similar results. a deeper and longer recession, and god forbid but not out of the question, a second great depression because of the inaction and incompetence of the president being followed obediently, wrongly by the republican senators. the lack of urgency in the republican party extends down

pennsylvania avenue to the oval office. from almost the very beginning of this crisis, president trump has downplayed its severity and tried to wish it out of existence. the president said coronavirus might disappear mir miraculousl, his word. he said it was a hoax. he said the warm weather might take care of it. he pitched quack medicines and speculated that a vaccine could be ready in two months. two months ago, the president said that anybody who wants a test can get a test, which is not even close to being true. the president's words are reckless. constant belittling of the crisis, ignoring the crisis, varying -- burying the truth and burying his head in the sand. it has prolonged and made the crisis worse and the american people know it. that's why he lashes out, the president does, at reporters who

ask him fair questions. that's why. he knows he's to blame for a good part of the depth and prolongation of this crisis. he knows that. and yet he can't bring himself to face the truth. he can't bring himself to tell the american people the truth. pitching quack medicine, telling people it's going to go away, saying yesterday that we have met the moment and we have prevailed. what planet is he on? more than 30 million unemployed and we have prevailed. is .3 million infected, 80,000 american fatalities. those numbers still growing, and we have prevailed. the president's comments show a stunning disregard for the truth, and it hurts every american. i don't care what your politics is. no one should tolerate a

president who ignores the truth, says whatever pops into his head, whether it's true or false or dangerous, and then moves on his merry way to do the next -- speak the next untruth, talk about the next quack cure. the president's comments show a stunning disregard for the truth. it may have been in the rose garden and not on the deck of a battleship, but president trump saying we have prevailed is akin to declaring mission accomplished long before the battles are over and the war is won. now later on the president, as usual, tries to correct what he said or his advisors d he said he only meant testing. we have prevailed on testing. but that's false, too. even the corrections are false. the united states is testing about 300,000 people a day. most experts believe the number

is inadequate to stop this outbreak. and enshould sure that when -- and ensure that when we reopen, we do so safely. we have prevailed on testing? not remotely. and here's what's so ironic about the president's hiding his head in the sand and not tackling the testing issue in a real way. he's desperate that we get back to work. but the only way to get back to work is when we have enough tests, not just for those who are very ill, but for anyone who wants it. you know, the white house, they all test. anyone who walks into the white house is tested. why isn't that good enough for all the american people? and why is it that even states that have opened up, like georgia, the stores are still empty? because people are worried, justifiably. the way to get -- to remove that worry or at least reduce it, is

to get people tested. i called the mayor and said, what do you need to get rid of this quarantine? he said, enough testing so i can test everyone in rochelle. people could shop in the stores and keep our community going. i think just about every one of the countries that has dealt successfully with the coronavirus has had far more testing. so maybe dr. fauci can set things right this morning. dr. fauci hand a few other administration officials are testifying before the help committee remotely. it will be one of the first times that fauci and the others have appeared publicly without the president lurking over their shoulder, modifying their answers, or directly contra-intelligence committee didding their advice --

contradicting their advice. dr. fauci, please don't pull any punches, particularly when you're asked questions. we know the white house may have to approve the statement you make and they'll mute it -- and it was muted very and very technical. but don't pull pumps. tell the american people the -- but don't pull punches. tell the american people the truth. you have an obligation to tell the american people the truth because only that will save lives and reduce the economic length of this crisis. and, dr. fauci, maybe if you tell the truth in this opportunity, a hearing, without the president looking over their shoulder, maybe your testimony, dr. fauci -- i hope your testimony, dr. fauci, reaches not only the american people but a president who is ready to throw caution to the wind in

order to reopen the country. please, dr. fauci, don't pull punches. one final matter today. today the supreme court will hear oral arguments in a case that will determine whether the president can block access to his tax forms and other document oz. you may not think this is related to covid but in a sense it is. the case about the president's tax returns has something in common with the president's response to coronavirus. president trump wants to hide the truth. he wants to hide the truth about coronavirus and the depth of the problem and how we deal with it. he wants to hide the truth and not release his tax returns. for 40 years every president disclosed their personal financial information to avoid even the perception of impropriety or self-dealing. but this president has used every avenue to deny such transparency.

what is president trump hiding in his taxes? the president is not an ordinary citizen anymore. he's president of the u.s. the american people have a right to see how he's dealt with his taxes. president trump has an obligation to show it. why has president trump fought so hard to deny the american people this information? and if this court wants to prove -- at least in one step -- that they are not highly political and don't always side with president trump, i hope they'll step up to the plate and rule that the president does not have the unilateral power to shield his tax returns from the american people. on this issue, like so many others, the american people deserve the truth. not what the president wants us to believe but the truth. i yield the floor and note the absence of a quorum. the presiding officer: the clerk will call the roll.

quorum call:

quorum call:

mr. durbin: the leaders of a dozen major nations around the world are meeting to discuss something that we're all thinking about, the answers to questions everyone in america asks every day, how will this end? when will this end? this telephone conference with leaders from other nations was talking about the ending most of us envision, the discovery of a safe and effective vaccine that can protect people from around the world from the scourge of this coyne.

i'm not sure when that vaccine will be discovered. the sooner, the better. the question we need to ask ourselves at this point is where it will be discovered and what benefit will it provide for the united states? you see, there was one major nation that boycotted this international telephone conference about discovering the vaccine. it was the united states. president trump decided not to participate with the leaders of nations from around the world in this global conversation about finding a safe and effective vaccine to fight coronavirus. i'm not sure what his motive was but we know that at least 94 other vaccines are being explored and worked on in nations around the world. in england, for example, in germany, and so many other countries, they are looking for the same effective and safe

vaccine that we in the united states are looking for. i have great faith and confidence in the men and women in medical research in the united states and the production facilities in our country, but i am not so proud or so vain as to believe no other country could find that safe and effective vaccine. and if they did -- and if they did, would we hesitate for a moment to turn to a country and say the united states wants to be part of producing that vaccine and receiving that vaccine for the people who live here? so why -- why would the president of the united states decide we're going to boycott that conference, stay away from it? oh, i'm sure he has a dozen reasons, but they don't seem very convincing to me. we should be at the table wherever there is a serious credible effort to discover a vaccine, and the united states should be participating.

they were trying to raise $8 billion. that's a lot of money, but, remember, we are dealing with an ef frt to rescue -- effort to rescue our economy from the coronavirus which is now in the range of $2.8 trillion. norway said it would pledge $1 billion. and other countries have pledged $1 billion toward the global vaccine effort. the united states should have been at the table. we should be automobile in for any -- at the table for a credible vaccine. i have called on the administration to reverse this position and join in this effort. i want to commend bill and melinda gates who participated in that telephone conference and pledged millions of their own funds on behalf of the united states. thank you to the gates family for caring. now, mr. president, you should

join them. madam president, this morning the republican leader came to the floor and talked about the problems and challenges that we face and the fact that there is another bill which is going to be offered publicly this week by speaker nancy pelosi, the next in a succession of legislation that we've considered over the last several weeks. we've seen dramatic investments in unemployment insurance for the record number of unemployed people in this country. we've seen dramatic investments in the small businesses of america to give them a fighting chance to reopen and to prosper in tt future. i've -- in the future. i've joined in all of these on a bipartisan basis, and i will continue to. i don't know the specifics of senator pelosi proposal, senator mcconnell came to warn us not to think big, not to think about transformational things.

and then he went back to his time honored course about the question of liability. senator mcconnell has come to the floor repeatedly -- repeatedly and said before he would consider another covid-19 rescue bill, he would need to see what he calls a red line honored when it comes to liability lawsuits. what's been proposed by speaker pelosi when it comes do state and local governments is really an afir ration of what's -- affirmation of what's been said by every one of us when it comes to the froardz, police, paramedics, health care workers and teachers. she said in the bill they have been hit and hit hard at the state and local levels by covid-19. she is proposing, as i understand it, a substantial commitment to help those units

of government that have truly been hurt by this coronavirus. what she's asking for really is whether or not all of our speeches about health care workers, police, and first responders, and firefighters and teachers is really credible and whether in fact we'll come up with the resources that are needed. senator mcconnell has said he will not support that legislation unless, as he called it, his red line of liability is honored. what he's saying is he refuses to fund our police, firefighters, paramedics and teachers unless we provide guaranteed business immunity for workers and comiewrs. this is sadly an invitation for irresponsible corporations and businesses to cut corners when it comes to protecting workers and those customers and such who would be threatened by

coronavirus. mcconnell's red line threat would result in more people being infected by the coronavirus, more people getting sick. that's not what we want. there's a better way. we should be talking about how to do this properly. this afternoon there will be a hearing before the senate judiciary committee. one of the witnesses being called by the republicans is a man named kevin smart. he is the chief executive officer of quick check food stores in texas. he is testifying on behalf of the national association of convenience stores on this question of liability. i read his statement this morning in prepare for -- preparation for the hearing and i recommend it to my colleagues because i want them to listen to what mr. smart says he believes businesses need. here is what he says. he is talking about his company

quick check. quick check's priority is about the safety of its employees. we have protocols to mitigate the spread of the virus. this is a challenge. listen to what mr. smart says, because the guidance provided by the c.d.c. and state and local governments often conflicted with one another in addition to being vague to follow. in spite of the uncertainties we began to adjust to the pandemic. mr. smart is not saying that businesses don't have a responsibility here. he's accepting that responsibility, create a safe environment for workers and customers, but he's saying to us, when are you going to establish the standards? why do you keep changing the standards? here we are with senator mcconnell threatening to derail the next rescue bill for police and firefighters and teachers across america unless there is guaranteed immunity

from lawsuits and here is one of the leading companies, the number one primary witnesses of the republicans in the senate judiciary committee saying to the federal government and state governments, establish standards, reasonable standards for us to live up to when it comes to conducting business, and we'll do it. i think that's al reasonable request by his business. why aren't we doing it? why hasn't osha established standards for the safety of workers? one of our other witnesses here, this gentleman who is the head of the united food and commercial workers, mark peroni. i have a special foundness for this union because when i was a college kid i spent 12 months working in a slaughter house in east st. louis, illinois, and it was his union i belonged to back in those days. it was tough, dirty, dangerous work.

and i looked to it as an important chapter in my life when i saw how real people go to work every day, and many times risk their safety and their health in doing it. mark peroni tells us there have been literally thousands of his meat processing workers who have been infected by this virus and 85 who have died as a result of it. what he's looking for, what we're looking for is for those companies to establish standards of safety for their workers so that they can go back to work in this important business, and some are doing just that. i commend them. some are working with the union to find safe ways to test their workers and to bring them back to a job site that is safe for them to work in. but they don't have a national standard to live up. we haven't established the national standard as we should whether through osha or through c.d.c., we ought to establish standards for businesses across

this country to live up to, and i believe many, mr. smart with quick check, mark peroni, with the united food and commercial workers, would applaud that. they would say at least we know what local distancing standards will be used in the workplace and what equipment is required in the workplace to protect our employees. at least we know going into this exactly what the standards are that we need to live up to. senate mcconnell's approach is immunity from lawsuits. don't establish any standards and don't hold anybody to any standards at all. that's wrong. the net result of that is more people will be in danger, more people will be infected, more people will die. that is not the right approach. what we need to do is make certain is that when this is all said and done, we have a smart approach to this. that a business that is conscious, cares for its workers, cares for its customers has standards to live by that they can meet -- reasonable

standards that have been fought through from a public health viewpoint. it's no wonder that there's uncertainty when you look at the situation today. the centers for disease control suggests voluntary standards, suggestions, the white house suggests soms, -- some, publishes some, scoffs some, ignores others, there is no standard for the businesses across america as to what the standards of safety would be. so i would say this hearing this afternoon is important to hear from mr. smart and his willingness to look for standards he can live by, to hear from mark peroni about the dangers to his workers across the workplace. and don't believe for a minute that this caravan of lawsuits threat that we hear over and over again tells the whole story. when you take a look at the lawsuits that have been filed, it's not just the so-called caravan of trial lawyers that

are jumping on this, there are businesses suing businesses, there are lots of lawsuits that have nothing or little to do with personal injury. there are lawsuits involving personal compensation. senator mcconnell's suggestion is that we overturn the state laws that give the workers the right to recover in the workplace if their injuries or health is impaired because of the covid-19 virus. what a terrible outcome that would be, to walk away from established lines for workers, when it comes to the covid-19 bill that speaker pelosi is proposing. so, mr. president, there is a reasonable answer here. we can say to these businesses across america, join us in the fight. let's stand together. you protect your workers, you protect your customers, and we'll stand by you. we'll establish a reasonable

standard of conduct for you which will protect you from frivolous lawsuits. but to take the approach by senator mcconnell of saying we just are going to guarantee immunity against lawsuits is exactly the wrong thing to do. we need a standard of safety that businesses can be proud of, that workers can respect, and that customers can count on so that they can go into places, do their business, buy the products, and know that there is a standard of good health that's being established for everyone. madam president, i yield the floor. the presiding officer: the clerk will call the roll. quorum call:

a senator: madam president. the presiding officer: the senator from texas. mr. cruz: i ask unanimous consent the quorum call be dispensed with. the presiding officer: without objection. mr. cornyn: madam president, my home state of texas is a great place to do business. we keep taxes, government spending, and regulations at a

rational minimum in order to give people and businesses the freedom to pursue their dreams and prosper. texas is consistently ranked on the list of the best states for business, best states to start a business, and the best state for female entrepreneurs. according to the small business administration, there are more than 2.6 million small businesses throughout the state, accounting for 99.8% of all texas businesses. those businesses employ nearly half of our state's work force and account for a massive portion of our texas economy. to say that small businesses are an economic force in texas would only paint half the picture. in big cities and small towns like these businesses play a critical role in our communities. locally owned restaurants and bars we visit, the gyms that are part of our regular routine, the dry cleaners, the pardon me sis,

the hardware stores we stop by when we run errands. our small businesses aren't just employers or generators of sales tax. they are owned by our friends and our neighbors and are part of the very fabric of our community. right now, they are under severe stress and in real jeopardy. the coronavirus has kept texans at home and put our small businesses into serious financial trouble. when stay-at-home orders were put in place, many were forced to close their doors outright. over the last several weeks, like many of my colleagues, i've held innumerable videoconferences with chambers of commerce, small business owners, and others who have told me about the difficult decisions they have been forced to make in the wake of this virus. without any demand, without an opportunity to sell their services or the food or other

material they provide, they had to lay off employees or reduce their pay. and some were more concerned they couldn't survive more than a few weeks because they still had to pay the rent and their overhead. those struggles are familiar for businesses across the country, and that's why we together literally unanimously in the senate created the paycheck protection program. this new loan program was designed to help america's small businesses and their employees manage these uncharted waters by providing eight weeks of cash flow assistance to cover payroll and other business-related expenses. as we now know, it was so popular and so needed that the initial $350 billion we funded ran out in less than two weeks. from that batch of funding, though, texas received more loans than any other state, nearly 135,000 small businesses

benefited from the paycheck protection program, a sum total of $28.5 billion. that's just from the first $350 billion we appropriated. it became obvious that there was more demand than supply, and so we had to then replenish the program with an additional $320 billion. so far, $670 billion have gone into the paycheck protection program. these are astronomical numbers, but obviously the need was serious, and this appears to be meeting a very real need to keep these businesses afloat, along with their employees. since our small businesses have gotten its funds, there is no shortage of stories about the positive impact they have had on my state, and i'm sure each of us could tell similar stories. one of the recipients of a p.p.p. loan is sevie's grill,

which has been a favorite in dallas for more than two decades. like other restaurants throughout texas, the stay-at-home orders put them in a very tough financial spot. the restaurant closed in march without an end in sight. then a lifeline came in the form of the paycheck protection program. a facebook post from the restaurant read, quote, we are blessed to be a part of the paycheck protection program to help fund our comeback, close quote. they reopened at the end of april with a valet to-go program just in time to celebrate their 23rd anniversary last friday and mother's day over the weekend. there is also another company called juiceland, an austin-based company with locations in dallas and houston as well. matt schuck is the founder and c.e.o. he says they were preparing for a busy spring, but instead of

having their nearly three dozen locations full of customers, he had to close 25 stores and lay off 300 employees. he said every day it's like being at a poker table and getting a bad hand every hand. but matt was then dealt with a few good cards. juiceland received its paycheck protection program loan. he began to reopen his stores and to hire back his employees, and he says this loan is going to be the difference in keeping his company afloat. the businesses that have received these loans were in danger of drowning until congress, working together in a bipartisan way, threw them a lifeline. but, madam president, now they are facing another risk that could bring a second wave of devastation and danger. across the country, we're starting to see coronavirus-related litigation

filed by the hundreds of cases. patients or their families suing doctors, students suing universities, employees and customers suing businesses, and this is just the beginning. as more states begin to restart their economies, we can expect a tidal wave of lawsuits to follow. and while there is and should absolutely be legal recourse for those with legitimate claims, there are serious concerns about the number of frivolous claims and nuisance lawsuits we are expecting to see. imagine you're the owner of a small restaurant. once stay-at-home orders were put in place, you did it the pay you were asked, and you tried to keep your business going and your employees on payroll. you received a p.p.p. loan which helped you in -- and your work force survive until you could reopen your doors. once that happened, you took every precaution, followed every

guideline to protect your employees and your customers. you did your best to follow all government guidelines and regulations to a t. you stayed in close communication with your employees about their health, and required anyone who was not feeling well to stay home. your employees wore masks and gloves and had their temperatures checked at the start of each shift. you did your best to clean high-touch surfaces, maintain social distancing in a restaurant, and had hand sanitizer available for customers and employees. but then you find out you're being sued because someone claims they contracted the virus at your place of business, and they claimed it happened because of your negligence. either you knew or you should have known. well, the legal nightmare you're about to enter could have your business filing for bankruptcy by the end of the year, even if the claim proves to be without

merit because just the expense and the time and the effort that people -- we want people putting back into the business and helping to rebuild our economy, they are going to have to use in defending a nuisance lawsuit, perhaps paying money just so you don't have to continue to pay a lawyer to defend you in court. without action in this congress, this is going to be a familiar story for small business owners, doctors, nurses, first responders, anyone and everyone who could potentially be blamed for another person contracting the virus. we're all familiar with those who are ready to jump at the opportunity to file a suit over this and similar matters, whether their case has legs or not. you can imagine the tv ads and the highway billboards we will see encouraging to call some 1-800-number if you have been impacted by the coronavirus,

only to be connected with a lawyer to file a lawsuit. again, regardless of merit. now, let me be clear. as a recovering lawyer myself, i don't think all lawyers are bad, but we do know there are venal people who will take advantage of the opportunity. again, let me just say i have no doubt there have been and will be legitimate lawsuits targeting bad actors. if there is willful or reckless disregard for the person affected, they should have every right to sue and be made whole, but we need to take action against the lawsuits -- these frivolous lawsuits from tying up our courts, bankrupting our businesses, and discouraging our economy from reopening. this is not without some precedent. congress in the past has provided similar protections for businesses and workers who followed guidelines and act in

good faith. for example, there was the volunteer protection act of 1997 which provided legal protection for volunteers who worked at nonprofits. there was the y2k act of 9:00 which gave -- of 1999 which gave protections to businesses if they followed government guidelines in good faith with regard to y2k computer glitches. there was the coverdale teach protection act of 2001 which gaich protection to teachers and educators. so it's -- gave protection to teachers and educators. so it's simply time for congress once again to exercise our constitutional authority to provide ream liability protections for employees and workers who are operating in good faith and following public guidelines. there is no effort to protect bad behavior and protect those who are grossly negligent. in fact, if you think about it,

providing a safe harbor for those businesses who followed public health and government guidelines will actually encourage them to do so, which will actually further protect the public and their employees. the types of liability limitations my colleagues and i are interested in providing would simply prevent frivolous and nuisance lawsuits from harassing our frontline health care workers and small businesses which were acting reasonably and complying in good faith with health guidelines. if you're a business debating whether or not to reopen once you're able, the lawsuit frenzy could be the deciding factor. you may just decide to throw in the towel. and we all will be losers, not the least of which will be the employees who get their job from that employer. would you risk a potential lawsuit which would tie you up in courts for months if not years on end and bankrupt your

business even though you are prepared to follow health guidance? well, i think many will not be inclined to open up under those circumstances. without limiting liability for our small business owners and workers, our economic recovery will be stunted as a result of the fear of the negative impact of these frivolous lawsuits. that's the situation we need to address and prevent. congress has taken unprecedented steps to strengthen our nation's response to the coronavirus and minimize the economic fallout, and we have done that together. but the tidal wave of lawsuits that could come and will come unless we act to limit that liability will undo every bit of progress that we've tried to make. we can't allow our doctors and nurses or first responders and

our small businesses who survived the pandemic only to find themselves battling a second crisis in the courtroom, an existential crisis. in order to strengthen our response to this pandemic, madam president, we must protect those that are doing everything in their power to keep us safe while following the guidelines their government provides them. and we need to keep them from having to suffer and perhaps not survive this second pandemic that will be caused by opportunitiistic litigation. madam president, i yield the floor and i'd note the absence of a quorum. the presiding officer: the clerk will call the roll. quorum call:

mrs. fischer: madam president? the presiding officer: the senator from nebraska is recognized. mrs. fischer: i would ask that the quorum vitiated, please. the presiding officer: morning business is closed. the senate will proceed to executive session to consider the following nomination, which the clerk will report. the clerk: brian dr. montgomery of texas to be

deputy secretary. mrs. fischer: madam president? the presiding officer: the senator from nebraska is recognized. mrs. fischer: madam president, i rise today to speak about the unprecedented crisis that our nation is facing. in a matter of just a few months, covid-19 has completely changed our daily lives. this virus has forced us to close schools, shut down restaurants, cancel major events, and temporarily shutter businesses across our country. these sacrifices have been necessary for the sake of public health, to help flatten the curve so our medical facilities don't become overwhelmed. but they have also been disruptive, frustrating, and in some cases scary. despite the emotional and economic toll this crisis has taken, we have seen countless acts of compassion, generosity, and selflessness all across the

country. americans have stepped up to help each other to fight this new threat. i want to make sure the american people know that since the very beginning of this crisis, nebraskans have been on the front lines. when 13 americans were evacuated from a cruise ship in japan in late february, they were taken to the national quarantine unit at the university of nebraska medical center in omaha. as nation's only federal quarantine unit, they were also trusted to care for the americans recovering from ebola in 2014. beyond treating those exposed to or infected with coronavirus, unmc also working to create new treatments for this virus. in late february, the n.i.h.

announced that the country's first clinical trial for coronavirus therapy had begun at unmc. our world-class medical center has been active from the very beginning of this crisis. the nebraska national guard, our citizen's soldiers, have also played an important role in our response. they've been deployed as distributors at food banks, as health care workers assisting with testing, and as drivers bringing ventilators to where they are most needed. and one of the first state department evacuation flights out of china brought 57 americans to nebraska, where they were quarantined at camp ashland, a nebraska national guard training site. it's easy to forget that these first evacuations happened just back in february.

since that time, we've relied on our amazing health care workers and first responders. these heroes have been working around the clock to keep all of us safe. they get up every day to fight this virus in hospitals and in clinics across this country. i can't imagine how hard it must be for them to see the effects of this new sickness day in and day out. but i know that we are in good hands. we've also relied on our food heroes, many from my home state, where one in four jobs are tied to production agriculture. if you raise cattle or grow soybeans, you can't stay inside and work from your couch. if you package beef or pork, you can't work from a laptop. americans should be incredibly

grateful for our essential workers throughout the food supply chain. they are working so that we can continue to put healthy, safe food on our tables. nebraskans and all americans are making daily sacrifices to slow the spread of this virus. we have drastically reduced our contact with others, knowing that short-term sacrifice will lead to long-term public health. but despite our best efforts, over 8,000 nebraskans have contracted the virus and 96 have died since covid-19 arrived in the united states. these people were loved by their families and by their communities, and i grieved for their loved ones. these tragic losses underscore

the seriousness of this virus. it demonstrates to all of us that we need to keep up the fight. the changes that we have made in our national life, while necessary, have been difficult. they have come at the cost of the economic security of many people in the heartland of this nation. we are seeing record numbers of unemployment claims and many people who have never faced unemployment before now find themselves out of work. and more nebraskans are now dealing with food insecurity, due to unemployment and the effects of covid-19. i've been inspired by the work that nonprofits across my state are doing to address this. the local chapter of the salvation army in hastings has

started a mobile food unit, which they drive from neighborhood to neighborhood and they serve hot meals. the central nebraska community action partnership has begun to box up food and leave it on people's doorsteps, and this has allowed them to reduce person-to-person contact while helping those who are in need. and the food banks of lincoln, which serves southeast nebraska by acting as a distribution center for food pantries in 16 counties, has seen a huge surge in demand. they've been able to keep up with this demand, in large part thanks to the innovation of a partnership of lincoln business, philanthropy and government leaders, who together formed the lincoln covid-19 response fund. these are major problems, and there's no easy fix.

even so, it is our job in congress to respond to this national crisis and do what we can to provide relief. that's why i was proud to support the cares act, the relief package this body passed unanimously at the end of march. a big part of this legislation was the paycheck protection program, which was designed to help america's small businesses keep their employees on payroll by offering forgivable loans. upon the creation of this program to provide relief, nebraskans hit the ground running. by mid-april, the paycheck protection program had provided nearly 25,000 loans worth just under $3 billion to nebraska's small businesses. this was enough to cover more

than three-fourths of nebraska's eligible payrolls. the highest percentage in the nation. i think it's important to note that none of this would have been possible without nebraska's community banks and our credit unions. while some national banks hess stated, -- hesitated, nebraska's local institutions stepped up and they're providing these loans and they make sure that the small businesses in their communities receive assistance. to our community banks and credit unions, nebraskans applying for these loans are not just statistics halfway around the country. the people hurting are their friends, their families, and their neighbors. the people who need their help live just down the street. one of these banks is union bank and trust in lincoln. this family-owned bank is not in the top 200 banks by assets

nationally, but after the first 72 hours of the paycheck protection program, they ranked second in the nation for the number of loans approved. and like many other lending institutions, union bank and trust accomplished this while adjusting to working from home for the first time. their remarkable efforts and those of another nebraska institution, pinnacle bank, were covered in a recent "washington post" story for leading the way nationally with this program. it's good to see the paycheck protection program working well in my state, and i am pleased that congress came together to further fund this program so that more small businesses can receive assistance. the drive to support one another, help out, and deliver relief to others is something we

are seeing all across my state, along with grief, we have seen resilience. along with sadness, we have seen hope. i read a story about young children in omaha who wanted to visit their grandfather. they couldn't go to his nursing home -- into his nursing home, so they connected a microphone to a speaker inside so that they could talk to him and sing to him. i've seen schools that stopped holding in-person classes weeks ago still serving their students, on top of instituting remote learning, many are also offering free meals. in gering, teachers organized and impromptu drive-by pair raid through their students' neighborhoods and in hastings, longfellow elementary school has converted old newspaper vending

machines into learning material dispensers. students walk up to the dispenser for their grade level, take out their weekly learning pact just as you would a newspaper. in short, i have seen neighbors helping neighbors. i've seen nebraskans helping nebraskans. madam president, much remains uncertain about our future. we don't know how many more lives will be lost, how long we're going to have to wait for a vaccine or how long it will take for main street to fully open for business once again. i think we may have a long and a tough road ahead of us. but i take great pride in the way nebraska has responded to these difficult circumstances. the inspiring stories of kindness and humanity in my state don't come as a surprise

to me. i've seen our people respond to other disasters, including the widespread flooding that we faced just last year. i've seen nebraskans response the same way to covid-19 as we did to that flood by putting others first. it's just who we are. nebraskans will continue to adapt, to help others, and to lead the way in addressing and responding to this crisis. we will get through this and we will come out stronger than ever before. thank you, madam president. i yield the floor. the presiding officer: all time is expired. the question is on the nomination. is there a sufficient second? there appears to be.

the clerk will call the roll. vote:

vote:

vote:

vote:

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the presiding officer: are there any senators in the chamber wishing to vote or change their vote? if not, the ayes are 61, the nays are 32. the nomination is confirmed. under the previous order, the motion to reconsider is considered made and laid upon the table, and the president will be immediately notified of the senate's action. under the previous order, the senate stands in recess until