[Congressional Record Volume 166, Number 48 (Thursday, March 12, 2020)]
[Senate]
[Pages S1734-S1735]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   UNANIMOUS CONSENT REQUEST--S. 3372

  Mrs. FISCHER. Mr. President, I rise today to call up and pass 
legislation to keep the American people safe.
  The number of coronavirus cases in the United States is now over 
1,000, including 10 confirmed cases in my home State of Nebraska.
  In China, there are over 80,000 cases and over 3,000 people have 
died. The Hubei Province, which contains the city where the virus 
originated, has been under lockdown since last January, quarantining an 
unprecedented 56 million people. Italy, a country of 60 million people, 
is completely shut down. The World Health Organization has now declared 
that this outbreak is a pandemic, meaning it will likely spread to all 
countries on Earth.
  Dr. Fauci echoed this yesterday in his testimony before the House 
Oversight and Reform Committee. We will see more cases, and things will 
continue to get worse.
  As the virus spreads, our healthcare providers and emergency 
responders are at the forefront of this health crisis. When someone 
tests positive for this disease, our emergency responders are the first 
ones there transporting them to the hospital. At the hospitals, medical 
personnel, doctors, nurses, and technicians are all working around the 
clock to provide lifesaving care and treat this illness. These people--
our healthcare providers and emergency responders--need access to the 
proper equipment so they can stay healthy. We can take action right 
here right now to make sure that that happens.
  I introduced this bipartisan bill with the senior Senator from 
Arizona. It would update our current law to ensure healthcare workers 
and first responders have access to respiratory protective devices, 
specifically, standard N95s.
  Under current law, the Federal Government can give targeted liability 
protection to people and entities to make, distribute, and administer 
certain drugs and protective equipment that are needed in a public 
health emergency. While surgical N95s are eligible for this protection, 
standard N95s are not. That doesn't make sense, and it doesn't make 
sense for two reasons.
  First, these devices are the same when it comes to protecting against 
airborne contaminants like we are dealing with for coronavirus. Second, 
the CDC has issued guidance listing standard N95s among the recommended 
products for use in this emergency. That makes it more difficult for 
the people and entities supplying, distributing, and manufacturing this 
equipment to do so, and we need to change that.
  We need to make sure that these devices are readily available, and 
this legislation has bipartisan support in this body, and it has 
bipartisan support in the House. It was introduced by my colleague from 
Nebraska, Congressman   Don Bacon.
  The White House supports it. Vice President Pence said on Tuesday 
this legislation is ``important . . . to ensure that our healthcare 
workers are properly protected and outfitted.''
  I mentioned that this bill has bipartisan support. I want to be clear 
that our hard-fought progress on this legislation would not have been 
made if it weren't for the tireless work of my good friend, the senior 
Senator from Arizona. So I thank her for her efforts and her 
partnership.
  We know that coronavirus is moving fast, and we owe it to America's 
healthcare providers and our first responders who are fighting to stay 
ahead of this.
  Therefore, I ask unanimous consent that the Health, Education, Labor, 
and Pensions Committee be discharged from further consideration of S. 
3372 and the Senate proceed to its immediate consideration. I ask 
unanimous consent that the Fischer substitute amendment at the desk be 
agreed to; the bill, as amended, be considered read the third time and 
passed; and that the motions to reconsider be considered made and laid 
upon the table.
  The PRESIDING OFFICER. Is there objection?
  The Senator from Hawaii.
  Ms. HIRONO. Mr. President, reserving the right to object, I certainly 
appreciate what my colleague from Nebraska is trying to do. We are all 
working to do what we can to make sure our medical professionals, 
facilities, and the public have all the necessary equipment they need 
to address this pandemic.
  My concern with my colleague's proposal, as I understand it, is that 
it would provide immunity for respiratory manufacturers from this point 
forward. Yes, this is a public emergency and we need to respond 
accordingly, and we certainly need to make sure that respirators are 
widely available, but let's do this with safety in mind.
  I think we can come up with a bill that provides a more tailored 
approach to what my colleague is trying to do. For example, the House 
coronavirus package includes language which tracks the COVID-19 
emergency countermeasures declaration issued by HHS which would extend 
countermeasure protections through 2024, rather than it be open-ended. 
I hope my colleague will work with me to expand access to this 
important equipment, but for now I must object.
  I certainly would like to count myself as among those who will 
provide bipartisan support for this measure, but, for now, because it 
is totally open-ended, I must object.
  The PRESIDING OFFICER. Objection is heard.
  The Senator from Nebraska.
  Mrs. FISCHER. Mr. President, this bill is something I think we should 
all agree upon. Other medical device facilities, manufacturers, 
currently have this protection when there is a public emergency. They 
currently enjoy this protection, but this thin band of manufacturers, 
this thin band that provides these N95s which our healthcare providers 
need--and I talked to my first responders and firemen who were here 
this week and told them about this bill, and they said: We need this. 
We are transporting people to hospitals.
  In Omaha, NE, the Omaha Fire Department has picked up flights of 
American citizens who were flown from China to be at Camp Ashland, a 
National Guard facility between Lincoln and Omaha, and quarantined 
there. Fortunately, all were healthy, all were fine.
  Omaha also received 15 people from a cruise ship, and all those 
people were not fine. These first responders, these firemen from Omaha, 
transported them to a world-renowned facility, the University of 
Nebraska Medical Center, but they did not have the proper protection 
because we are arguing over something that other medical device 
providers currently have protection on during a public health crisis.
  I understand that my friends on the other side want to make progress 
on this issue and on other issues, but that shouldn't stand in the way 
of getting this done. There is a shortage of respirators, and the U.S. 
Senate has an opportunity to fix it. We have an opportunity to ensure 
the American people stay protected and healthy during this public 
health crisis, but my colleagues on the other side just stopped this 
from moving forward, and the

[[Page S1735]]

American people need to understand what just happened here.
  As a result of this objection, I get to tell my Omaha firefighters 
that their safety and the health and safety of our healthcare providers 
in Nebraska and across this country are at risk.
  The PRESIDING OFFICER. The Senator from Hawaii.
  Ms. HIRONO. In response, I certainly am not arguing that there is not 
a need for respirators, but let me be very clear that this provides 
immunity for respirator manufacturers from this point onward.
  Again, I need to reiterate. This has nothing to do with recognizing 
the need for respirators. What I am arguing is there should be a 
timeframe for this because this protection is supposed to be during a 
public health crisis, and I am saying that the way the House is 
approaching this is, they would like to provide this protection for 
respirator manufacturers for a period of 4 years. We can certainly 
evaluate it at that point.
  So, clearly, my objection does not mean the death knell for this 
amendment. It means that we should work it out so we can provide an 
appropriate timeframe.
  So I, once again, reiterate my objection to the current form of this 
amendment.
  The PRESIDING OFFICER. The Senator from Hawaii.

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