Executive Session

Floor Speech

Date: May 21, 2020
Location: Washington, DC

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Mr. DURBIN. Madam President, we will adjourn today and be gone next week for the Memorial Day recess and then return the following week. The Senate, at the request and call of the Senate Republican leader, Senator McConnell from Kentucky, has been in session for 3 weeks. Senator McConnell has said that we are here because we need to be at our ``duty stations.'' He has used that term over and over again--a military responsibility to stay where you are assigned and to be prepared to fight.

Well, those that take a look at what we have done over the last 3 weeks have to ask: Where is the battle? Where is the fight when it comes to COVID-19? The simple fact is this: The United States Senate, in the last 3 weeks, has not considered one piece of legislation on this floor relative to COVID-19, not one. It has reached the point where the press told me this morning that two Republican Senators are now complaining publicly that we have done nothing on COVID-19 and shouldn't leave for the Memorial Day recess until we do.

Well, I think they ought to take their appeal not to the American public but to their Republican leader because he decides what comes to the floor of the Senate, and he has decided, over the last 3 weeks, that nothing will come to the floor of the Senate relative to the biggest issue in the modern history of America: the national emergency, the public health crisis over COVID-19.

I listened to my friend from South Dakota talk about the amount of money that has been spent. It is an amazing amount--I will be the first to concede it--almost $3 trillion so far. It is the largest ever I can remember--well, I will just flatout say ever when it comes to a rescue package or a relief package. Of course, it comes at a time when we are facing the worst economic crisis in America for almost 100 years, going back to the Great Depression. There are 38 million uninsured Americans. There are 1.5 million Americans so far infected by this virus. The United States, sadly, leads the world--leads the world--when it comes to these infections. I would say, when the President calls that a badge of honor, I do not. We could have done much better. We should do much better in the future.

Now, in just a matter of days--not sure when--we will reach the tragic milestone of 100,000 Americans who have died from the coronavirus--100,000 Americans will have died. I join with the Democratic leader in saying that we should mark that tragic milestone with grief for the families and their loss and standing as Americans in honor of the sacrifice they have made.

More than that, we need to do what needs to be done, and to argue that we have done enough now and let's sit back and see what happens is to ignore the obvious. Jerome Powell is the Chairman of the Federal Reserve, and he went on ``60 Minutes'' last Sunday and said to Congress, to the Senate, to the House, and to the President: Don't stop doing your part. The Federal Reserve is trying to loan money to create opportunities to rebuild this economy, but we need to do our part. He didn't say the $3 trillion is all in. He basically said we need to do more.

We had a briefing from Mark Zandi, an economist, in the last day or two. He is well respected. He has been an economist advising both Democrats and Republicans, and he said the same. If we don't move and move quickly and decisively and boldly to restore this economy, what is now a recession, could be much, much worse. That means, of course, helping those families who have already been hurt.

Last Friday, the House of Representatives did pass another measure for relief, another effort to deal with the COVID virus. So while we have been here for 3 weeks and haven't brought one single bill to the floor on the COVID virus--not one--they moved forward last Friday and passed, without the cooperation of any Republicans--they passed a measure to deal with the continuing crisis in America.

Let me say at the outset, I don't agree with every provision in that bill. I know that negotiations are likely to follow, and the compromise is likely to produce a work product that is somewhat different, but let's look at what that bill did.

The Senator from South Dakota came to the floor and said that bill did crazy stuff. He repeated it--crazy stuff. Well, let's talk about what the bill did.

What the bill did was to restore the President's cash payment to families. You remember that well, I am sure, supported by both political parties. It was $1,200 for each adult and $500 for each child. It was absolutely necessary for families who are struggling to get by.

In the House version that passed last Friday, there was a renewed cash payment of $1,200 for adults and $1,200 for children. The amount of money we initially allocated for this has been all but spent at this point, so this is an area where we believe, as Democrats, families still need a helping hand. Why do the Republicans in the Senate insist on not bringing this measure to the floor of the U.S. Senate or at least into meaningful negotiation? Do they believe that families across America have received all the money they need to receive to get through this crisis? I don't. If they do, they are out of touch.

The second thing this bill did was to extend the unemployment compensation. Remember, there are 38 million and counting unemployed Americans. We created, in the CARES Act, a Federal boost for unemployment benefits. So if you qualified for unemployment benefits from your State, you would receive an additional $600 a week. I think that was necessary and good for the economy, and for the families affected, it was a lifeline they desperately needed. But that program, the $600 a week, expires on July 31--expires. Is there anyone who believes we will be through this economic crisis by July 31 when everyone will be back to work? Of course not. We need to continue to help those families.

The bill that passed the House of Representatives, which the Republican Senator calls crazy stuff--what the bill did was to extend that Federal unemployment benefit of $600 a week until the end of this year. I think that is sensible and reasonable.

I might tell you that we expanded the categories of those eligible for employment too. Many independent contractors finally get the chance to get some help at this point in time. So to call that crazy stuff and to not even consider it on the floor of the Senate makes no sense at all.

What about the Payroll Protection Program? That was one for small business loans that could be forgiven if the money was loaned and spent for specific purposes. There is a reason we had to revisit that. The money had to be spent by the businesses by the end of June--June 30. I can tell you, having spoken to many small businesses across the State of Illinois, that some of them will not even be open for business by June 30. Requiring them to spend money before they can open their doors doesn't give them an opportunity to use this money to really get back in business.

There were revisions made in the measure the House passed last Friday, revisions in terms of the period of time that the business had to spend the money. Under the current setup, it is 8 weeks. We think that should be extended to a longer period of time. Is that crazy stuff? I think, from where I am standing, it just makes common sense that we would do something that basic. Yet the Senate Republican leader has refused to bring that matter to the floor of the Senate in the weeks since it was passed, and there is obviously no meaningful negotiation underway, and we are leaving to be gone for another week.

But the largest measure in the bill that passed the House of Representatives included a provision to help State and local governments. My friend and colleague from South Dakota talked about the $150 billion that has been given to State and local governments, which, in the end, could be even larger. I would say to him: Don't listen to me. Listen to the National Governors Association. Ask Governor Hogan, a Republican from Maryland, if we are all in and have done enough for State and local governments? We are not even close. We are not even close, and we know it.

Lost revenue by my State and many others is dramatic. So what happens if these States don't have the money to pay their bills? Well, Senator McConnell, in an interview, said: Bankruptcy--bankruptcy is an option. Really? Does he believe we are going to restore this economy by watching State and local governments go bankrupt?

What will be the net result of the McConnell's suggestion of bankruptcy for these State and local governments? It will mean laying off, perhaps firing, policemen, firefighters, EMTs, paramedics, and teachers. At a time when we need to restore our educational calendar, bring students back to school, the Senator from Kentucky suggested bankruptcy, laying off teachers, and firing teachers. It makes no sense whatsoever.

The bill that passed the House of Representatives has roughly $1 trillion for State and local governments. So I can tell you, across my State and I am sure across this Nation, Governors and mayors will step forward and tell you that is exactly what they need now to get back in business.

Remember, as Senator Murray said in response to another suggestion, building a bridge halfway across a river is not of much value. We need to build a bridge in this economy from where we are today to where we want to be, with small businesses opening and people back at work, and the notion that we can shortchange parts of this economy and survive is just wrong.

There is a provision in that bill in the House, too, that I introduced in the Senate. It is not an original idea, but others have thought of it too. A third of the people who lose their jobs lose their health insurance because that is where their health insurance came from. Their employer used to pay a share, and they paid a share, and they were covered with good policies. But when they lost their job, the next day, they lost their insurance. What were their options? Sign up for the Affordable Care Act, which covers about 20 million Americans; perhaps qualifying for Medicaid if their family income is low enough; or using what is known as the COBRA Program? The COBRA Program says you can keep that policy you had at your place of employment; however, you now are personally responsible for both ends of the premium payment, the employer and the employee. Well, that comes out to about $1,700 a month. Imagine that for an unemployed person--$1,700 a month in premium. They can't do it. So what I proposed, and what was included in the bill that passed the House of Representatives, was 100-percent coverage for that premium payment under COBRA so that these families would have the peace of mind that they would continue to have health insurance during the course of this crisis.

I have given you some highlights of what this bill did. I would just suggest and challenge those who call this crazy stuff to come to the floor and be more specific. What part of what I just described is crazy stuff--extended COBRA protection for more health insurance for those who are unemployed, extending unemployment benefits for the remainder of the year, extending the period of payback for small business loans, making sure, as well, that there is more money for hospitals?

I will just state that I have been on the telephone for the last several weeks with the administrators of hospitals all over the State of Illinois, large and small, and I have joined them with my Republican Members of the House and Democratic Members. We have called and opened the lines and said: What are you finding? Many of these hospitals in the inner cities, as well as those in rural and smalltown areas in States across the Midwest are struggling to survive.

Yesterday I read a list of six hospitals in Kentucky that were furloughing hundreds of employees. In most of the communities downstate where we have hospitals in Illinois, they are the major employer, and these hospitals are hanging on by a thread. What is wrong? A lot of COVID virus cases? No, just a fear of COVID virus.

One hospital administrator said: We have four elective surgeries scheduled for money, and, Senator, that is where our revenue comes in to keep this hospital going. Three of the four patients canceled at the last minute. They were afraid of the COVID virus.

The bill that passed the House of Representatives last week had another $100 million for hospitals. I will tell you flatout that there is a sense of urgency there because if you lose--if you lose that community hospital, it is a grievous loss in many parts of our State, in the rural areas and small towns in particular. Yet we have not even brought that issue up on the floor of the Senate over the last 3 weeks.

We have a lot of work that needs to be done. We didn't do it in the last 3 weeks. We considered two circuit court nominees before the Senate Judiciary Committee. One from the State of Kentucky is a fellow who has 6 months' experience on the Federal bench. He is being proposed by Senator McConnell for a lifetime appointment in the second highest court in the land. Really? That is the best Republican nominee for the second highest court in the land, a man with 6 months' experience as a trial judge? He does have one thing in his favor, from Senator McConnell's point of view: He is completely opposed to the Affordable Care Act

They came up with another nominee from Mississippi yesterday with the same thing. So they have two nominees in the midst of a public health crisis in America who are asking for lifetime appointments to the court who are opposed to the Affordable Care Act, a measure that extended health insurance coverage to 20 million Americans and provides protections for over 100 million Americans in terms of their own personal policies, really making sure that those with preexisting conditions have coverage they can afford. At this moment in time, the Republican Party came up with two lifetime nominees who are opposed to the extension of health insurance in America. The timing is perfect.

If you look up the whole question of relevance, and you ask: What is the most irrelevant thing that has occurred in the midst of this crisis? It is the last 3 weeks of the U.S. Senate. We have been here and put at risk 10,000 employees, which is the scale of our workforce in the U.S. Capitol. We have put them at risk. To come here and never mention the words ``COVID virus'' or ``coronavirus'' or ``pandemic'' in legislation on the floor of the Senate is disgraceful.

We were elected to serve. We were elected to respond to America's needs. For the last 3 weeks on the floor the Senate, we have not. The random committee hearing--good. That is what we are supposed to do. That is normal. But you would think that Senator McConnell would have decided, as the House decided last week, that this is still the No. 1 priority in America. It should be. Perhaps after we return from the Memorial Day recess, there will be a sense of urgency, which, sadly, does not exist on the Republican side of the aisle of the Senate.
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