The Mercury News

Virus talks drag on liability as Congress preps aid

- By Andrew Taylor

WASHINGTON >> Lawmakers are giving themselves more time to sort through their end-of-session business on government spending and COVID-19 relief, preparing a one-week stopgap spending bill that would prevent a shutdown this weekend.

House floor leader Steny Hoyer, D-Md., said on Twitter that the temporary government funding bill is slated for a vote on Wednesday, when it is sure to easily pass. The developmen­t comes as Capitol Hill is struggling to figure out how to deliver long- delayed pandemic relief, including additional help for businesses hard hit by the pandemic, further unemployme­nt benefits, funding to distribute COVID-19 vaccines and funding demanded by Democrats for state and local government­s.

Disagreeme­nts flared Monday over one key provision — a proposed liability shield from COVID19-related lawsuits for businesses, schools and organizati­ons that reopen.

Hoyer had previously told lawmakers that this week would probably be the last of the session, but talks are going more slowly than hoped on a $1.4 trillion omnibus spending bill under assembly by senior members of the powerful Appropriat­ions committees. The stopgap measure would prevent a government shutdown through Dec. 18.

“I am disappoint­ed that we have not yet reached agreement on government funding,” Hoyer said.

Three main items of legislatio­n are at issue in the end-of-session agenda: a defense policy bill that President Donald Trump is threatenin­g to veto; the $1.4 trillion government-wide spending bill; and perhaps $900 billion in long-sought COVID-19 relief.

There are two sets of talks on COVID-19 relief — on the leadership level and by a group of Senate moderates — occurring at the same time, and it’s unclear how the negotiator­s might sort themselves out, lending an air of confusion to the process.

The bipartisan Senate group was set to meet again Monday evening. But a long weekend of talks pushed senators apart on one difficult negotiatio­n, the proposed liability protection that has been a priority of Senate Majority Leader Mitch McConnell.

“We have seen some hopeful signs of engagement from our Democratic colleagues, but we have no reason to think the underlying disagreeme­nts about policy are going to evaporate overnight,” McConnell said Monday.

Republican­s initially proposed a sweeping five-year liability shield, retroactiv­e to December 2019, to protect companies and organizati­ons from COVID-19-related lawsuits. Democrats, along with their allies in labor and civil rights groups, roundly dismissed that approach as a danger to workers.

Sen. Elizabeth Warren, D-Mass., said she wants to make sure “we’re not sacrificin­g the rights of people who have been made sick or killed by their employers with a pro-corporate liability release.”

Lawmakers heard from a coalition of 142 labor and civil rights groups urging them to resist granting companies liability for COVID claims.

“Any type of immunity would directly harm Black, Latino, and other workers of color who are overrepres­ented in ‘essential’ and in-person, reopened jobs,” the coalition wrote in a letter to Congress.

Negotiator­s suggested a scaledback liability shield, but a sixmonth proposal was panned by Republican­s and there is no agreement yet from Democrats. The powerful AFL- CIO said Monday it opposes even a short-term liability provision.

It’s clear that McConnell’s Republican majority is demanding the liability protection in exchange for the Democrats’ push for additional money for states and cities battling the COVID-19 crisis.

“The leader had made clear that state and local money is tied to liability protection, so there’s either going to be none for both of those or both of those are going to be provided for,” Sen. John Cornyn, R-Texas, told reporters. “My hope is we’ll do both.”

Without another round of fresh aid, after the $1,200 checks sent to Americans in spring, lawmakers on the left and right said they would have trouble backing the package.

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