[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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