S7268 CONGRESSIONAL RECORD — SENATE December 8, 2020 When corporate swindling at Enron pecially to their children—Michael, has, I think, brought them to the nego- and other large corporations cheated Janet, and a man I have come to know tiating table. millions of Americans out of their life and respect, his son, Congressman JOHN As Iran grows increasingly bellig- savings, it was Paul Sarbanes’ leader- SARBANES, as well as their grand- erent toward the United States and our ship that enabled the Senate to pass children, his friends and former staff allies, these military assets that we the most far-reaching corporate ac- members, and the countless people will sell to our friends in the UAE will countability reform since the Securi- whose lives are better because of Paul serve as a stabilizing force, a force ties and Exchange Commission was cre- Sarbanes. multiplier, and a source of protection ated 70 years before. I yield the floor. for the United States and our security That Sarbanes-Oxley reform law I suggest the absence of a quorum. interests. We have learned a hard les- passed in 2002. It was designed to pre- The PRESIDING OFFICER. The son that American boots on the ground vent the kind of corporate abuses that clerk will call the roll. is something we want to do as a last re- had so damaged America’s economy The bill clerk proceeded to call the sort. But if we can work by, with, and and shaken the faith of the American roll. through our friends and allies to pro- people in the economic markets. Mr. CORNYN. Madam President, I vide that security and stability against In 2002, things came full circle for ask unanimous consent that the order a common enemy, we should do it. me. There was created an award in the for the quorum call be rescinded. The arms sale will allow greater name of Senator Paul Douglas of Illi- The PRESIDING OFFICER. Without military cooperation between the nois—a man whom I first met as a col- objection, it is so ordered. United States, the UAE, and Israel and lege intern who inspired me to get f strengthen a growing coalition of started in this business. Paul Sarbanes aligned forces in the region. It will also ARMS SALE RESOLUTION won in 2002 and became the first recipi- make sure the United States remains ent of the Senator Paul Douglas Ethics Mr. CORNYN. Madam President, over the partner of choice. in Government Award that is presented the last 4 years, we have seen a series It is not as if the United States is the by the University of Illinois to honor of encouraging developments in the only one that has a say. Obviously, if men and women in public service who Middle East—a place where there isn’t we don’t provide them the military exhibit the finest qualities of leader- a long trend line of positive develop- equipment they need, they will go ship. It was a perfect match, and, for ments. looking for other sellers, and that me, it came full circle. We have destroyed the ISIS caliph- would certainly be less desirable for us What a coincidence it is that the peo- ate. We have brought down dangerous and for them because we are their part- ple who have been my heroes in public terrorist leaders like al-Baghdadi and, ner of choice in the region. Russia and life so far, so many are named Paul: of course, the head of the IRGC, particularly China have sought to in- Paul Douglas, who had started me as Soleimani, who was personally respon- crease their malign influence in the an intern, who introduced me to Paul sible for American blood on his hands, Middle East, and they would be more Simon, who preceded me in the U.S. particularly providing explosives that than happy to fill the void left by any Senate, where I served with Paul Sar- penetrated our armor in Iraq. refusal on the part of the United States banes. Through congressional action and to make this sale. So blocking this sale They basically say in my office that the work of the Trump administration, would only strengthen the position of I have been raised according to the we strengthened bilateral ties with our China and Russia, while significantly Gospel of ‘‘Saints’’ Paul. closest friends and allies, including weakening our own. I want to quote briefly from Senator Israel and Jordan. This summer, the As we continue to make progress in Sarbanes’ final speech in the Senate administration helped forge historic the decades-long quest for peace and before he retired in 2006. It speaks pow- peace deals between Israel and Arab stability in the Middle East, I support erfully to the kind of leaders America nations in the region. The United Arab the administration’s strategic decision is looking for today. Emirates became the third Arab coun- to sell arms to the UAE. This would Here is what Paul Sarbanes said: try and first Gulf State to recognize provide the UAE with critical national Throughout my years in public service, I and normalize relations with Israel by security assets, such as access to the have worked to the limits of my ability to the signing of the Abraham Accords F–35 fifth-generation fighter, un- provide the people of Maryland and the Na- Peace Agreement. It was only a matter manned aerial vehicles, and other ad- tion dedicated, informed, and independent of days until Bahrain followed suit and vanced munitions to act as a deterrent, representation based upon the fundamental announced its agreement with Israel to and if worse comes to worse, it actu- principles of integrity and intelligence. I open formal diplomatic negotiations. ally gives them a comparative advan- have been guided in this effort by a vision of tage with other countries in the region. a decent and just America, based on a strong These historic breakthroughs rep- resent serious progress in our efforts to The Israeli Ambassador to the United sense of community and offering fairness and States, Ron Dermer, perhaps summed opportunity to all its people. fight terrorism and establish lasting it up best when he said: I know I join all my colleagues in peace and stability in the Middle East. What keeps me up at night is actually not thanking Paul for doing his part so While more work obviously remains, it is great to see the mounting pressure the proposed F–35 sale to the Emirates. What nobly and so well to help us move to- keeps me up at night is the idea that some- ward a more perfect Union. against Iran—the region’s greatest an- body would return to the nuclear deal with And let me say a word about his wife tagonist and largest state sponsor of Iran. Christine. She was his real partner in terrorism. f life. I can recall when he retired, and I Last month, the Trump administra- said: Paul, I am sorry to see you go. tion announced that it intended to sell CORONAVIRUS And he said: Let me ask you a ques- arms to our friends in the United Arab Mr. CORNYN. Madam President, on tion. When are you supposed to leave Emirates—a move that I support. This another matter, this week, I hope we around here? It is a question many of will help the UAE work with the are able to make more progress on the us have asked ourselves over and over. United States and our friends to deter coronavirus relief negotiations so we As far as he was concerned, I said: and defend these threats from Iran and can pass another bill before recessing What do you want to do the most? He other hostilities in the region. What it for the holidays. There are a lot of peo- said: Travel with Christine. seems to me is that it focused ple in this country, all throughout the They were able to do that for a lim- everybody’s attention on the recogni- country, who are hurting, who are anx- ited period of time because Christine tion that Iran represents the single ious, and who are worried about their died of cancer in 2009. She was a won- biggest destabilizing and dangerous in- ability to pay the rent and to meet derful person—intelligent, just like fluence in the Middle East today, and their other obligations in the face of Paul—and the two of them were pure it is the recognition that they are the this pandemic, and I think it would be happiness together. common adversary of not only the a dereliction of duty on our part to Loretta and I wish to express our Arab nations in the region but also the leave here without addressing those condolences to the Sarbanes family, es- United States and our ally Israel that real needs.

VerDate Sep 11 2014 05:52 Dec 09, 2020 Jkt 019060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.041 S08DEPT1 SSpencer on DSK126QN23PROD with SENATE December 8, 2020 CONGRESSIONAL RECORD — SENATE S7269 Earlier this year, we worked in a anywhere in the country and basically home State of New York, and it is time quick, bipartisan fashion to pass relief bankrupt many businesses and cer- that we extend these liability limita- bills totaling more than $3 trillion. tainly discourage businesses from safe- tions to the rest of the country, par- Thinking back on it, it was pretty re- ly reopening and following those guide- ticularly States like mine where the markable to do as much as we did as lines. legislature does not meet on a con- fast as we did, but we knew we were up I think there is another reason to re- tinual basis. They haven’t even been in against a common enemy in this virus, ward people who have tried their best session during 2020. They will go into and we knew we had to respond quick- to follow those guidelines—because it session in January, and I presume they ly, and we did. The funding we provided ensures more compliance. To now play will try to fill in any holes they feel has gone a long way to support our a game of ‘‘gotcha’’ with them and say: like we left when it comes to liability healthcare and economic response, but It wasn’t good enough, so now you are protection. But without a uniform Fed- as our war against COVID–19 continues going to have to pay or maybe even eral standard, we are going to end up in to rage on, additional support is need- just defend a lawsuit that you ulti- a dangerous venue shopping situation, ed, and it is needed now. mately will win—we all know that will and it is only to be expected that the The good news is, as earlier, there cost a lot of money and will take a lot lawyers will find the place most favor- are a number of areas that we agree on of time, and I would prefer to see them able for their lawsuits. They will seek what the support should look like, in- rebuild their businesses and restore the to pursue those claims using class ac- cluding funding for schools, assistance jobs that were lost as a result of the tion procedures, and we will be right for the hardest hit workers and small pandemic. back at the worst nightmare that I businesses, and another investment in So because of my concern about the think many folks would have con- the distribution of the vaccine that need for some liability shield, we intro- templated unless we provide for this can’t come soon enough, but we remain duced a bill called the SAFE TO WORK Federal liability shield. hung up on a couple of important Act that provides commonsense protec- points, including liability protection tions for those who acted in good faith The goal is not to protect bad actors. for businesses, schools, nonprofits, and to keep their customers and their em- What we do need to clearly spell out is others who in good faith did their best ployees safe, while still preserving the for the schools, colleges, nonprofits, to follow guidance from the CDC and right to sue for those who were victims churches, and businesses that are ask- other public health authorities but now of gross negligence or intentional mis- ing us to provide them some guidance face the prospect of litigation. conduct. and some security. This is not a blanket liability shield It is pretty hard to follow the guid- Our Democratic colleagues have not ance as knowledge of this virus has that won’t permit the really truly bad expressed a lot of enthusiasm for this evolved. I remember before April, the actors from facing due consequences. It legislation, and my Republican col- head of the CDC, including Dr. Fauci won’t ban coronavirus lawsuits, and it leagues and I have tried to work with and others, said that masks were use- won’t give anyone a get-out-of-jail-free them to reach a result that both sides less. Then they changed their guidance card. So we need to get that straight can support. But the nature of com- in April. That is fine. I respect that up front. In cases of gross negligence or promise, as we all know, is give-and- based on what we have learned about willful misconduct, where the applica- take, but so far it has been pretty the virus. But we simply can’t expose ble public health guidelines were not people who have tried their best to followed, the person affected has every much one-sided. We have offered muddle along in the face of this pan- right to sue and be made whole in a changes to appease our Democratic col- demic, following the guidance from court of law. No one is asking to leagues’ concerns while still preserving public health officials, and say: You change that. What we do need, though, the basic goal of the legislation, but didn’t know then what we know now, is to put safeguards in place to ensure the truth is, they really haven’t moved so you must have been negligent, and that those who operated in good faith much in any meaningful way. you need to pay compensation in the and were following all the relevant I think the truth is that our coun- form of litigation. guidelines, even as they evolved over try’s long-term economic recovery Well, I don’t think that is fair to time, cannot be sued out of existence. from this virus depends on these liabil- those entities, those individuals, those First and foremost are protections ity protections in large part. Busi- businesses, those schools, those for our incredible healthcare heroes nesses doing the best they can during a churches, mosques, and synagogues. who made tremendous physical and worldwide emergency should not face But this is something that is on the mental sacrifices over the last several bankruptcy because of concerns about minds of a lot of people, from months. This legislation sets a willful the trial bar. I mean, who are we here healthcare workers, to teachers, to misconduct or gross negligence stand- working for—the American people or nonprofits, to small business owners. ard for coronavirus-related medical li- for lawyers who—and this isn’t nec- Those who continue to provide essen- ability suits to ensure that only legiti- essarily designed to be a criticism— tial services and goods didn’t have any mate cases are brought against our who are looking out for their own eco- choice but to show up and go to work. healthcare workers who, again, didn’t nomic interests first and foremost? Our Now they are worried that by opening have any choice but to show up for view must be much broader than that, their doors to people who really needed work. and the greatest good for the greatest their help at the time, they have also In addition to protecting our number I think should be our guiding now opened themselves up to an end- healthcare heroes, we need to ensure principle. less parade of lawsuits by the trial bar. that a fear of lawsuits doesn’t prevent Our essential workers and institu- We all know that lawyers can be very schools, nonprofits, churches, small tions need to know that if they have creative and opportunistic. That is businesses, and a range of other organi- been operating in good faith and obey- part of what lawyering involves. But zations and institutions that are vital ing the guidelines that have been pro- the litigation we expect against doc- to our communities and our economy mulgated by the public health authori- tors, nurses, colleges, churches, small from opening their doors. This spells ties, they won’t be subjected to litiga- businesses—anyone and everyone could out in black and white that these enti- tion, and only Congress can provide be blamed for another person’s harm. If ties will be protected from COVID–19 that certainty. those lawsuits are feasible, they will exposure claims as long as they comply follow. And the statute of limitations with mandatory public health guide- Now, this is not a permanent Federal is a couple years, so even though we lines. takeover of State tort law by any are not necessarily seeing it now, we do It is true that a number of States means. It really is comparable to what know that class action litigation could have already provided similar protec- we did after Y2K—or in the run up to be filed in any favorable jurisdiction tions, including the minority leader’s Y2K—and also with other national

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I them to do that because we know it is SARBANES was on the Judiciary Com- am just going to mention three because in the public interest. mittee and was given the responsibility they were really reflective of what Sen- But across the country, we are al- of the first Article of Impeachment ator Sarbanes accomplished during his ready seeing these lawsuits rolling in, against President Nixon. That article career. He got the Paul H. Douglas and without action from Congress, we dealt with obstruction of justice. It Ethics in Government Award for his in- are going to emerge from this pan- was the key engagement against Presi- credible standard of integrity and eth- demic only to find ourselves in not an- dent Nixon on impeachment, and it is ics; the Roth Award for extraordinary other wave of the virus but in a second very telling that that responsibility impact on policy, on economic busi- wave of litigation that will be dev- was given to a young Member of the ness, and finance—his lasting legacy on astating for many. House of Representatives, Congressman the financial institutions here in In order for our country and our Paul Sarbanes. It was because of his America; and the Cox, Richardson, economy to recover, these workers and work ethic, his commitment to schol- Coleman Award for distinguished pub- these institutions need to know that arship, and his understanding of issues lic service. He was a Senator’s Senator. they can follow the guidelines and then that he was entrusted with that re- He devoted his life to public service. safely reopen their doors and do their sponsibility. In a way, Paul Sarbanes represents jobs with confidence. They need to He then served five terms in the U.S. the American success story. He was a know that if they follow these guide- Senate, the longest term for any Sen- son of Greek immigrants, grew up on lines and act in good faith, they won’t ator in Maryland. Paul Sarbanes was the Eastern Shore of Maryland in be subjected to perhaps business-ending known as a Senator’s Senator for his Salisbury, and rose to serve in the U.S. litigation that could tie them up in integrity, for his public commitment Senate. court and drain their remaining re- to public service, and his strong com- His lifetime partner was Christine. sources dry. mitment to principles. He was a All of us remember Paul and Christine As I have said, the way we reach Rhodes scholar who chose to serve the together. What a couple they made. agreements around here is through bi- public rather than using his skills in What a love story it was. partisan negotiations. It took a little the private sector for his own personal There are three children. JOHN, whom compromise, and neither side achieved gain. His entire life was devoted to we all know very well because he 100 percent of what they wanted, but public service. What a legacy he has serves in the House of Representatives, we eventually have gotten there. We left us by his incredible public service. holds the seat in the Third Congres- have done that four times in the In 2002, the Enron scandal hit Amer- sional District. It is the same seat that coronavirus response, and I hope we ica, and Chairman Sarbanes, the chair- Barbara Mikulski held, the same seat can do it again here. man of the Banking Committee here, that I held; the same seat that Paul I hope our Democratic colleagues teamed up with Chairman Oxley in the Sarbanes held is now being held by will approach these negotiations with House to pass the Sarbanes-Oxley legis- Paul’s son JOHN, and what a great job the gravity they deserve. We can’t lation. George W. Bush—President he is doing. It is interesting that he leave people waiting and wondering Bush—said it was ‘‘the most far-reach- was the leading sponsor of H.R. 1 in what their future looks like any longer ing reforms of American business prac- this Congress, which was basically the if there is something we can do to pro- tices since the time of Franklin Delano good governance legislation that vide them some safety and security and Roosevelt.’’ The leadership of Senator passed overwhelmingly in the House, some confidence about what the future Sarbanes was deeply needed at that and so many other things that follow may look like. time, and he delivered on behalf of the in his father’s tradition. I hope we will all work together to American people. Paul’s other son Michael has had a deliver these critical liability protec- Senator VAN HOLLEN and I know distinguished career, and Janet, his tions for folks across the country in all firsthand what Senator Sarbanes did in daughter, has also had a distinguished 50 States. helping to create the Federal partner- career. The PRESIDING OFFICER. The Sen- ship in the Chesapeake Bay Program. Paul had seven grandchildren. Chris- ator from Maryland. It was during the time that he was the tine predeceased Paul. f junior Senator from Maryland, along I want to just talk a moment about with Senator Mathias, that the two of the partnership between Senator Sar- HONORING THE LIFE AND them partnered in order to develop the banes and Senator Mikulski. They had ACHIEVEMENTS OF FORMER Federal program for the Chesapeake different styles. I think most people UNITED STATES SENATOR PAUL Bay, and then Senator Sarbanes car- would acknowledge that from the be- SPYROS SARBANES ried the burden of that partnership. ginning, Paul was very much stately Mr. CARDIN. Madam President, I For many years, it was through his ef- and represented the traditional, I take this time, along with my col- forts in the U.S. Senate that we were guess, demeanor that you would expect league from Maryland, Senator CHRIS able to continue and expand the Fed- of a U.S. Senator. And I love Barbara VAN HOLLEN—and I am also pleased eral partnership for the bay. Mikulski, but no one would ever accuse that we are joined by Senator STABE- Now, those of us who live in the bay her of having that type of demeanor. NOW and Senator REED. We take this region—and I know that Senator STA- But the two of them had an incredible time, on a very sad note, to announce BENOW has heard me talk about this relationship together. They were called the death of Paul Spyros Sarbanes, our many times when we talk about the the ‘‘Diner Democrats’’ because Paul’s former colleague in the U.S. Senate, great water bodies. We know that the father’s family ran a diner, and Bar- who passed away on December 6, 2020, Chesapeake is the largest estuary in bara Mikulski’s family ran Mikulski’s at the age of 87. our hemisphere. It is the most diverse Bakery, as we all know. They worked I first got to know Senator Sarbanes estuary, and it is a challenge because together in true partnership over so when he first ran for public office in of the way that the water flows and it many years. It was a friendship that 1966. We both were elected to the Mary- cleanses itself. So we started this Fed- was really one of total trust and re- land General Assembly that year, and eral partnership—Senator Sarbanes spect. we became good friends. Delegate Sar- did—and it has provided incredible I had a chance to communicate with banes at that point made a name for dividends for the people of Maryland Senator Mikulski, and she, because of himself on the House Judiciary Com- and the people of our Nation—indeed, COVID, could not join us tonight. mittee in the Maryland General Assem- the global community. Madam President, I ask unanimous bly and was a rising star from his first He was an expert on foreign policy. consent that her statement be printed day in the Maryland General Assembly. He served on the Senate Foreign Rela- in the RECORD of these proceedings.

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