Congressional Record, Senate, May 19, 2020 — Unanimous Consent Request on S. 658
Summary
Page S2487 of the Senate section of the Congressional Record for May 19, 2020. The chairman of the Foreign Relations Committee says the virus jumped species from the bat to a human being, calls this the sixth experience with a virus since 2003, and says that because the resolution is under consideration in the committee, an objection follows after yielding to a friend from Indiana. The page also prints a roll call and remarks on a vote to move a Federal Elections Commission nominee, described as the first person of color to sit on the Commission.
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“Congressional Record, Senate, May 19, 2020 — Unanimous Consent Request on S. 658.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-05-19-crec-2020-05-19-pt1-pgs2487-a7ae3e0c90/
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May 19, 2020 CONGRESSIONAL RECORD — SENATE S2487
this happened. We know that the virus have to deal with this. When they do same situation in other parts of the
jumped species, from the bat to a deal with it, they have different ways world—this is going to happen again.
human being and then went around the of dealing with it. Given the population of the world and
world. As chairman of the Foreign Relations given the culture of the way we live
We also know, for a fact, that this Committee, I deal with our diplomats today in the world and our travel and
particular virus, like all viruses, acts who deal with the diplomats from interconnectedness, this is going to
uniquely. It is not exactly the same as other countries. We deal with them on happen again.
other viruses that have jumped species the committee directly, but since this We need to be ready for it. We need
and gone around the world. This one thing has hit, we haven’t had as much strong legislation that will address
was unique in that, unlike some of the direct contact, but our diplomats have this, not only at the U.S. level but also
ones we have had in the past—this is continued to have contact. In talking at the international level. The United
our sixth experience since 2003 with the with them, one of the things I find par- States has been the world leader in
virus—this moved around the world at ticularly disturbing is, I ask: Are the world health issues, and I anticipate
an incredibly fast speed. It was much Chinese humble about this? How are that we will continue to be like that.
more like a house on fire than the they dealing with this? What is their At the present time, it is under consid-
other diseases that we have talked view of what has happened here? Inter- eration in our committee. At the
about, like smallpox or polio. Its speed estingly enough, they take it as an op- present time, we can’t go forward with
was unique. It was new. It was dif- portunity to compare our form of gov- this.
ferent. ernment to their form of government. Before I state an objection, I want to
As a result of that, historical organi- And they say: Look, we had a problem; yield to my good friend from Indiana,
zations that have dealt with these in we dealt with it. You guys had the who also has some ideas in this regard,
the past were not expecting it and were same problem, and you dealt with it. and all of which will be, I am sure, con-
not geared for it. They thought this And the reason is because we have this structive on both sides of the aisle. I
virus would move much like the others strong authoritarian central govern- want to yield the floor to Senator
that we have dealt with. The result of ment that can control people and can BRAUN at this time.
that, of course, was that it got away control people in the most severe fash- The PRESIDING OFFICER (Mrs.
from us, from the world, and we now ion, and we can deal with it. You peo- LOEFFLER). Is there an objection?
find ourselves in the position we are in ple, with all these freedoms and your Mr. RISCH. Not yet.
because that happened. democracies, you have speech, you I want to yield to Senator BRAUN.
It is my hope, and it is my objec- have these political arguments, you The PRESIDING OFFICER. The Sen-
tive—and hopefully will be the objec- have these disagreements, and you ator from Indiana.
tive of our committee, eventually the allow dissent, and when you have that, f
objective of the U.S. Senate, and hope- you can’t deal with it. Therefore, our UNANIMOUS CONSENT REQUEST—S. 658
fully eventually the objective of the form of government is better than your Mr. BRAUN. Madam President, I ob-
world—that we develop a protocol for form of government. That is very dan- ject, but my colleague from Illinois is
dealing with a virus or, for that mat- gerous talk. not wrong. I think after I get through
ter, any other health challenge that I am disturbed and disappointed the explaining my objection, hopefully,
moves at the speed of light and like a Chinese Government has viewed this as there will be something we can work
house on fire as opposed to a small, they have and has not viewed it as we out.
creeping thing that we have had in the have, as a challenge that is going to The United States should be engag-
past in some of the other challenges we take historical changes as we go for- ing more in global efforts to find treat-
have had. ward. That is a huge challenge as we go ments and vaccines for coronavirus.
It is different. There is no doubt it is forward, but that shouldn’t stop us Governments, academic institutions,
different. It is going to have to be dealt from making every effort that we can scientists, researchers across the world
with differently, and we are going to to go forward, and we will. are racing to do it. The United States
have to develop a protocol that does On the Foreign Relations Committee, must work at home and with inter-
address this speed. It is going to en- it is our intent to hold hearings to de- national partners to develop treat-
tail—and this is probably the heaviest liberate, as the U.S. Senate does, and ments and vaccines. There is no reason
lift of all of it we are going to do—the to produce what hopefully will be a bi- we can’t be doing something on our
200 governments around the world to partisan piece of legislation, which is own and working with others across
come together and agree that when substantially broader than what we the world.
something like this happens in their have here, but hopefully that will in- This is a joint venture, if there ever
country, instead of covering it up or in- clude many of the things that we have has been one. However, the nonbinding
stead of making political excuses, or here, and that will include—as the good resolution that my colleague has of-
instead of hoping it is going to go Senator from Illinois has indicated— fered is not an actual solution. I come
away, that instead they call the fire the necessity of including other gov- from the world—and one of the frustra-
department. And the fire department ernments in the effort as we go for- tions for being here for just a year and
will be a new agency or perhaps even ward. a half is that we don’t get more stuff
one of the old agencies that we have I commit to Senator DURBIN, and I across the finish line. I have a real so-
had that are geared to handle a pan- commit to all that our committee will lution to ensure Americans benefit
demic that moves at this speed or pre- undertake this challenge. It is within from the vaccine and treatment devel-
sents other challenges. the jurisdiction and the responsibility opment efforts happening across the
The institutions we have simply of our committee. We take it seriously. world. My bill, the ADAPT Act, S. 658,
aren’t geared to do that, which we We are still in the throes of this, al- as amended, would create an expedited,
found out with this epidemic. I think a though it feels like we are on the down- almost automatic approval process at
good example is, as my good friend hill side and are starting to come out the FDA for vaccines and treatments
from Illinois mentioned, the Ebola of this. As we go forward in a very that might occur across the world. We
challenge we had. The historical insti- commonsense, deliberative fashion, we do not have the market cornered on
tutions, I think, dealt quickly with hope to construct legislation that will good ideas.
that and really held down the damage address all of these very serious issues. These countries have all developed
from it, which could have been much If there is one thing we know for regulatory systems that are compat-
worse than what it was. We need to de- sure—and I am absolutely convinced of ible and that should make us feel com-
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velop protocols for dealing with this. it—this is going to happen again. Given fortable. But instead of just talking
This is going to be a challenge. There the physical situation on the ground in about it, which we do so much of here,
is no question it is going to be a chal- Wuhan, China, and given the fact that this bill would actually establish the
lenge because politics comes into this there are 2,000 other viruses, probably approval reciprocity for treatments
simply because of governments in the some of which are substantially worse and vaccines between the FDA and
various 200 countries around the world than this—and, for that matter, the other trusted counterparts.
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S2488 CONGRESSIONAL RECORD — SENATE May 19, 2020
If one of them approves a vaccine or positive, constructive, bipartisan. That the Food and Drug Administration be-
treatment, they are quickly, almost is exactly what the American people fore they are approved in any other
automatically, approved here in the are looking for, at least in Illinois, and country around the world. The FDA is
United States with my bill. We cannot I will bet you in Idaho as well. considered the gold standard. I have
afford miscommunication or bureau- This national emergency, this public been told that so many times. Many
cratic foot-dragging with something so health crisis, should bring out the best countries look to the Food and Drug
important. My bill ensures that regu- in us and not the most political side of Administration in the United States to
lators will work proactively to get our nature. Thank you because I think see if it has approved of a drug’s being
Americans a vaccine as soon as pos- your remarks were offered in that re- safe and effective before they move for-
sible. spect. ward. This demonstrates that the Food
Look at the early testing missteps We have been here now 3 weeks. This and Drug Administration has an awe-
we did have with the CDC. I mentioned is the third week since returning from some responsibility but is doing a good
that in the briefing last Tuesday. Their a break where most of us were at home. job in ensuring Americans have timely
overly proscriptive approach delayed I think this is the longest period of de- access to the same drugs as have pa-
our testing capability for the first 40 bate on the coronavirus we have wit- tients in other countries.
days. The result has been a one-size- nessed on the floor of the Senate in 3 The ADAPT Act, which Senator
fits-all approach of locking down the weeks. BRAUN brings to the floor, is a solution,
economy, which I think we will see I thought this 3-week period would be I believe, in search of a problem. Sadly,
some of the disadvantages of that over all about COVID–19, all about the vac- it runs a real risk. This notion that we
the next few months. cine. It hasn’t. We have taken up many are somehow going to open up the pos-
When my staff talked with the FDA other things that have nothing to do sibility of a drug’s having been ap-
about working with international part- with it. What we have talked about proved in another country being ap-
ners on treatment and vaccine develop- here this morning is encouraging to proved in the United States quickly,
ment, the FDA assured them that they me. If bringing this resolution up with without any review, I think is a dan-
have everything under control and are a unanimous consent request is going gerous thing to do.
to lead to the Senate Foreign Relations To date, we know what the
speaking with their international
and other committees moving forward coronavirus has done to us, and we also
counterparts. The FDA assured my
on important policy questions that you know that this bill would completely
staff that they have covered the issues
raised, and I hope I raised as well, then change how drugs would be approved
that might come into play when you
it was not time wasted. It was time for sale in the United States of Amer-
are having a partnership with some-
well spent. ica. It is not a minor bill. It is a major
body else. The FDA is promoting the We do agree on so much more than change. Under current law, if a phar-
idea and having the doors open for de- we disagree, I am sure of it, when it maceutical company wants to sell a
velopers to submit data and to seek ap- comes to this. I invite you, I encourage drug, it needs the approval of the FDA.
proval for treatments and vaccines. you, I beg you, as soon as we return It tests it to be sure it is safe and effec-
Until we have a vaccine, reopening from next week’s recess, the sooner we tive. It is the gold standard.
will be gradual. We need herd immu- can bring a hearing before your com- The Senator’s proposal would abolish
nity and vaccines to be the final solu- mittee and others the better. this method. That is significant. In-
tion to this saga we are going through, I would like to address the unani- stead, the Senator’s proposal says, if a
but we cannot afford bureaucratic ob- mous consent request of my colleague drug has been approved by another de-
stacles slowing down regulatory ap- from Indiana as well. veloped country—I am not sure of his
provals for a successful vaccine. It has been my good fortune in the definition of a ‘‘developed country’’—it
As we have seen, certain steps of vac- House and Senate to work with the can bypass standard U.S. regulation
cine development can be achieved at Food and Drug Administration. It is and come to market without going
warp speed to cut down on development probably one of the most underrated through the Food and Drug Adminis-
time, but regulatory approvals will not agencies of our Federal Government. tration’s study, review, and approval.
be one of them unless we take legisla- They make decisions, literally, life- It is worth noting that many Mem-
tive action. and-death decisions, every single day of bers of the House and Senate have
The ADAPT Act is real action, not things unimaginable to us. It is hard to criticized the pharmaceutical industry
just talk, specifically designed for look at all of the things they regulate for charging Americans the highest
times like this when scientists across and inspect and not be impressed. I drug prices in the world. I have been in
the world are racing to develop treat- have been impressed over the years that chorus from time to time and
ments and vaccines. with the Food and Drug Administra- have suggested that drug prices in the
Therefore, with my prior objection, I tion. But the gold standard of the Food United States should be the same as
do not want to leave my friend from Il- and Drug Administration, which was they are in Canada and Europe for the
linois emptyhanded. established at least 60 years ago with same drugs. Many times, people on the
Madam President, in hoping my col- the Thalidomide scandal, was that this Senator’s side of the aisle have resisted
league from Illinois will not object, as agency was to take a look at drugs that suggestion. They have called it so-
in legislative session, I ask unanimous that were about to go on the market in cialism and have said we shouldn’t let
consent that the Committee on Health, America and conduct tests, ask ques- other countries dictate what America
Education, Labor, and Pensions be dis- tions, do their own research to deter- has to pay for drugs. Yet, now, appar-
charged from further consideration of mine two things: Are they safe, and are ently, Senator BRAUN is comfortable
S. 658 and the Senate proceed to its im- they effective? Safe and effective. That with letting other countries dictate
mediate consideration. I further ask is it. But it is a lot. whether our drugs are safe and effec-
that the Braun substitute amendment Over the years, for 60 years or more, tive.
at the desk be considered and agreed they have used this standard to judge This bill is not a targeted response to
to; the bill, as amended, be considered drugs, clinical trials, which carefully the coronavirus; it is an open-ended
read a third time and passed, and that measure the impacts of a drug on the giveaway to some pharmaceutical op-
the motions to reconsider be consid- human body over a period of time and eration. More importantly, it is put-
ered made and laid upon the table. the like. It is frustrating because, at ting our safety at risk in America,
The PRESIDING OFFICER. Is there times, it takes longer than we wish. which we never ever want to do. In-
objection? There are exceptions that have been stead of approving the resolution I in-
Mr. DURBIN. Reserving the right to created at the Food and Drug Adminis- troduced that simply expresses the sup-
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object. tration for extraordinary cir- port for global coordination, Senator
The PRESIDING OFFICER. The as- cumstances wherein it can accelerate BRAUN wants to completely overturn
sistant Democratic leader. the process, but by and large, it has to our Nation’s drug approval process.
Mr. DURBIN. First, let me say to my judge drugs as being safe and effective. This bill was introduced more than a
friend and colleague from Idaho, thank Nearly three-quarters of drugs today year ago. It is still in search of a co-
you. The tone of your remarks are are approved in the United States by sponsor, and it hasn’t been consented
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May 19, 2020 CONGRESSIONAL RECORD — SENATE S2489
by the Republican Committee on that is there; find a way to work within So, for a guy who was perceived as
Health, Education, Labor, and Pen- it. Dr. Coburn had a lifetime of doing the right of the right hard-liner, Tom
sions, which oversees the FDA. Now is that. was probably one of the most compas-
the time for the best and the brightest To pay tribute to a friend and a col- sionate individuals. He was one of the
from all nations to work together to- league, I actually have to rewind 26 individuals who understood the com-
ward the shared goal of ending this years, when both Tom Coburn and I mon person, because, in his mind, he
pandemic and finding a safe and effec- came to the House of Representatives was one his entire life—one who was
tive vaccine. It is not the time to com- in a large class. It was alphabetical, so never privileged, who earned every-
pletely upend our Nation’s drug ap- you can see how ‘‘B’’ and ‘‘C’’ would be thing he got, and who banked every-
proval process to make it easy for some close and how Chambliss would be a thing he learned. Ultimately, at the
countries to flood our market with un- friend and Latham. We were a cadre of end of his career, he used that for this
safe and ineffective drugs. folks who really sized up very quickly institution, for the American people,
For these reasons, I object to Senator whom it could trust. and for people around the world.
BRAUN’s counterproposal. To understand Tom Coburn is to un- Early on, I remember Tom and my
The PRESIDING OFFICER. The ob- derstand that this was a guy with an sitting down with John Dingell, the
jection is heard for both unanimous incredibly diverse background in that former Democratic chairman of the
consent requests. he ran a medical device company, in Energy and Commerce Committee.
The Senator from Indiana. that he was an OB/GYN, in that he ex- John Dingell, who was a great man and
Mr. BRAUN. Madam President, this perienced things in life and, in my whom Tom and I both liked a lot, ei-
may be a rare moment of some case, was a little bit older. To under- ther wrote every bill that came out of
collegiality on the idea in general. I stand Tom Coburn is to remember the the Energy and Commerce Committee
think the American public and, espe- commercial wherein the bull went into or his dad did before him for, probably,
cially, I, who is one who has watched the china store, and no matter which 60 years. John had an inherent advan-
this place operate for so many years in way it turned, it was always going to tage every time we argued legislation
my leading up to the point when I ran break something. Tom believed that because he either wrote it or his dad
for the Senate, accept the kind of guid- you had to break something to under- wrote it. He knew why he did it, and he
ance that there may need to be more stand whether it was important or knew why they structured it the way
fleshed out, and the Senator objected whether it was just clutter. they did. I think John recognized
to it. I think, like every new Member of something in Tom—that here was a
Yet I think the American public de- Congress, you come in with a belief guy who could bring fresh life to it.
serves action out of this place, and so that you are going to change the world At the time, I remember Chairman
often it seems we dawdle and do not but have no idea how to do it, and you Dingell sitting us down and saying:
get to the point. Look at how long it find that people who have been there Guys, spend a year listening, not a
took the body to come to an agreement for their careers hold all of the cards, year talking.
on criminal justice reform. One of the and that is the knowledge of how that Well, that was easy for me to do be-
first questions I asked when I got here legislation was crafted and why it was cause I didn’t know a whole lot when I
was, How long have you been working done. To understand Tom Coburn is to got here, but that was the toughest
on it? The answer—10 to 12 years. When realize that this didn’t scare him. Tom thing Tom Coburn was ever faced with
you look at what we do get accom- knew a lot, and when he hit things he was to be silent because he really came
plished here, I think we need to figure didn’t know, he sounded like he did; in and wanted to change the world in
out how we become more effective, how therefore, people were scared to take short order.
we get things done more quickly, and him on. When he got there, Tom said: I will
how we pay for it in the long run. As a member of the Energy and Com- only be here for 6 years.
So I am going to savor the moment merce Committee, on which we both He accomplished a tremendous
we have here. We are at least talking served, Tom was incredibly instru- amount. His imprint is felt by the peo-
about it. Hopefully, we will be able to mental in healthcare policy, in medical ple in the House today. You might re-
work with my neighbor from Illinois to device issues. Tom was a practicing OB/ member he was probably the loudest
still push the idea that this is a critical GYN when he got to the House and voice for government waste—for the
time and that we need to get some- then, later on, when he got to the Sen- size of what we spent, for how much we
thing done. ate, and he never could understand why took from the American people, and for
I yield the floor. he could not go back to Oklahoma on what bad stewards we were of how we
The PRESIDING OFFICER. The Sen- the weekends and deliver babies. Now, used it and spent it. I think Tom left
ator from Illinois. this is a man who had delivered tens of with peace from the House of Rep-
Mr. DURBIN. Madam President, I be- thousands of babies over his career in resentatives because, for the first time
lieve there is a unanimous consent re- Oklahoma, but the way the Senate in our lifetimes, the budget was bal-
quest pending. Has there been an objec- rules are—they are so antiquated—you anced.
tion to my original unanimous consent couldn’t go home and keep up your li- None of us anticipated what would
request? cense to deliver babies because you happen in 2000 and the effects of 9/11,
The PRESIDING OFFICER. Objec- could not earn money. Tom challenged and nobody was more shocked than I,
tions were heard to both unanimous that when he was in the U.S. Senate. in the same year I came from the
consent requests. He challenged that antiquated rule, House to the Senate, to see Tom
The Senator from North Carolina. and he lost. Coburn run as a Senate candidate for
REMEMBERING TOM COBURN So, as I sat and listened to this de- the State of Oklahoma. Tom came in
Mr. BURR. Madam President, I think bate that was about healthcare, I could with the same belief that we needed to
divine intervention has played a part only sit there and think about the ar- change things and that we needed to do
here with this exchange and the com- gument that Tom Coburn had made it quickly. Tom served on the House
ments of my colleagues because I am about this antiquated rule that what Intelligence Committee. When he got
here to pay tribute to my good friend you came in with and practiced in ci- to the U.S. Senate and served on the
Tom Coburn, who, on March 28, passed vilian life you had to throw overboard Senate Intelligence Committee, Tom
away—our colleague and, more impor- here. You could no longer do it. Tom understood much better the challenges
tantly, a dear friend. I almost sat in decided he would go back on the week- with which we were faced. I will not
the cloakroom and then came out here, ends and deliver babies. Yet, rather say that his approach changed but that
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thinking this could be a conversation than have them make payments to Tom assessed what was possible and
that Dr. Coburn could be having on the him, they would make payments to never went for what was impossible.
Senate floor about the need to accom- nonprofit organizations in his home- There are Senators in this Chamber
plish things, to think outside the box. town of Tulsa, and they would make who haven’t had the good fortune to
Yet, as my good friend from Illinois them commensurate as to what they serve with a Tom Coburn, who haven’t
said, don’t destroy the gold standard could afford. been influenced and educated by some
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S2490 CONGRESSIONAL RECORD — SENATE May 19, 2020
of the things Tom Coburn impacted challenges he was going through in his One of the things that used to bug
many of us with—those of us who spent own personal life that he never ex- Tom about this institution is he
our entire careers with him. Yet the pressed with any of his colleagues or couldn’t figure out why we had tele-
American people will feel the benefits friends. phones in the U.S. Senate that looked
of Tom Coburn’s education here, his I have never seen a person who bat- as though they were created in 1950.
imprint on this institution. tled as peacefully as did Tom Coburn. You might remember, about 5 or 6
JAMES LANKFORD, the Senator from His impact will be felt for generations years ago, the Senate got new phones.
Oklahoma, picked up his ‘‘Pig Book’’ to come, not just here but by the kids They still will not redial from the last
that he put out every year, which is a he delivered in Oklahoma, who today number you called, and they still look
list of those insane expenditures that are 2 and 3 and 4 and 5 years old—kids like they are from the Soviet era of the
Tom Coburn used to come up with on who will grow up reading about their 1950s, but that is the way the U.S. Sen-
an annual basis to make us all feel hero from Oklahoma. ate is, and that is what Tom was trying
shameful about the appropriations Though Tom had a distinguished con- to change. In many aspects he may not
process. Thank goodness Tom Coburn gressional career and will be remem- have changed the telephone, but he
did that because JAMES LANKFORD still bered for a lot of legislative victories,
changed the institution. He changed
does it today on an annual basis. that is not Tom Coburn’s greatest
the way we look at it.
I probably can’t point to anything claim to fame. I have never known an Although he may be challenging the
more important than healthcare to tell individual more devoted to a wife than
rules in Heaven today, make no mis-
you how Tom’s impact on this institu- Tom Coburn was to Carolyn. She was a
take about him, he is still preaching
tion has been felt, and I think it will be beauty queen. She was when she was
the Word and he has always believed
young, and she was, in Tom’s eyes, on
felt for years to come. Tom and I be- that Word. For all of the things Tom
the day he died. He loved her without
lieved that there was a different direc- Coburn tried to accomplish, he did it in
question. Tom also loved his daughters.
tion, not because we were smart but a way that his Lord would have been
He was so proud of their accomplish-
because the one we were on didn’t proud of him.
ments. He and Carolyn worked to make
work. sure they finally moved so they had ev- My colleagues, I know others will
I remember sitting down with Dr. pay tribute to Tom Coburn’s work
erybody close. I think Tom knew that
Coburn, and he said: We are going to here. I am here today to pay tribute to
the wheel of luck was going to run out.
change the healthcare architecture. Tom Coburn’s life, not just the impact
Yet, you see, that is not the way Tom
I said: Tom, you have been doing this he had on this institution or the Con-
looked at it. He wanted to spend every
for a long time. What architecture gress of the United States as a whole
precious moment with his wife, his
works? but the example he set for all of us
kids, and his grandchildren. He wanted
He said: Well, we are going to have to that life doesn’t have to be fair. But we
any impact and impression he could
try them all, and when we find one as individuals have to be committed,
make to be on that next generation of
that doesn’t fail, we will know that one and Tom Coburn was committed to ev-
Coburns.
is right. For all of the qualities in Tom erything in life that he did. I am sure
When he got to that point, without today Tom continues to preach com-
Coburn that I could talk about, there is
hesitation, Tom came to the Senate not enough time to really praise him. mitment to those who will listen.
floor and talked about the Patients’ It would take days, and it would take With that, I honor his passing, and I
Choice Act over and over and over many individuals to come up and do it. say this to him in the spirit that it is
again. In the 3 or 4 years since Tom has It is probably impossible to say good- meant. Several days after we got word
been gone from the institution, the de- bye to a friend like Tom Coburn. To that he had passed, I said to my wife:
bate has shifted. In fact, where Tom me, there is no question that I came to With COVID–19 and Congress dis-
Coburn was and where he tried to tell trust and value everything that Tom located, what would Tom Coburn have
our colleagues we needed to settle—in stood for. done? She looked at me and she said:
empowering patients and bringing The one thing about Tom Coburn He would have grown a beard.
transparency to healthcare—is some- that many people knew was that Tom We all remember those days when, all
thing we struggle with today. had this tremendous peace about him- of a sudden, he would show up, and the
There was no bigger advocate for self. I think some might have thought beard was grown, and he would say:
transparency in healthcare costs than it was because Tom had had such a Until this is over, I am not going to
Tom Coburn, and when the administra- stellar background and had known so shave. And that day I decided not to
tion tried to administer that this year, much. The truth is, if you had sat and shave.
hospitals went to court and won— talked to Tom, you would have found I was going to give this tribute to
meaning, they don’t have to publish out the truth. Tom loved his Lord Tom Coburn last week. The events of
pricing. To the average person, that Jesus Christ. He didn’t hide it. When last week didn’t permit me to come do
makes no sense. For those of us who given the opportunity, he wanted to that tribute, and I couldn’t make it
had been on the frontline with Tom share that peace with anybody who was through this week until I got home and
Coburn, finally, an administration had willing to sit and listen. Tom was criti- shaved because it was the most aggra-
done it only to see it overruled. Yet, cized for where he lived because it was vating thing that I have ever had, and
even on the day he died, it was one of certainly religious in leaning, but that I understood why in 64 years I hadn’t
the key things that Tom believed—that was Tom’s life. As much as he adored grown any facial hair. I proved that I
transparency was absolutely essential his wife and children and grand- could do it because I was honoring my
in the healthcare process. children, he adored his Lord just as friend.
I can remember Tom was not new to much. I hope that others in this institution
cancer. I think he fought cancer four or My colleagues were blessed to have will look on Tom Coburn’s contribu-
five times. One day, during his most re- Tom Coburn’s influence on this institu- tions in the same way I do, as a very
cent battle, we were coming up on the tion. Not everybody in America under- special exposure that we all had.
Christmas holiday, I remember, and I stands how blessed they are to have With that, I yield the floor.
think he was in his chemotherapy had his influence on the policies and The PRESIDING OFFICER. The ma-
treatment. He was still in the U.S. Sen- the way future generations will be im- jority whip.
ate, and Tom was exhausted at the pacted by Tom Coburn for all of his Mr. THUNE. Madam President, I ask
time. In between votes, he would go to works. Today Tom may be in Heaven— unanimous consent to complete my re-
the cloakroom and lie down on the no, today Tom is in Heaven, and I marks before the vote.
dlhill on DSK120RN23PROD with SENATE
couch. Everybody knew he didn’t feel would bet my colleagues that he is giv- The PRESIDING OFFICER. Without
well. When he would get up to vote, we ing them hell. He is up there trying to objection, it is so ordered.
would look at the pillow. It looked like change the architecture of the deck CORONAVIRUS
a cat had been on it as Tom’s hair chairs. He is up trying to say: Why do Mr. THUNE. Madam President, as we
would stay on the pillow. Now, he we do things this way and not that continue our work here in the Senate,
never lost it all, but we understood the way? COVID–19 continues to be at the top of
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May 19, 2020 CONGRESSIONAL RECORD — SENATE S2491
our agenda. We are monitoring imple- Let me repeat that. House Demo- sure we are spending only what is need-
mentation of the $2.4 trillion of the crats’ legislation mentions the word ed.
coronavirus funding that we provided, ‘‘cannabis’’ more often than the word Every dollar we have spent so far on
and we are talking to experts about ‘‘jobs.’’ this pandemic is borrowed money—
what is needed to help our country re- In case Democrats didn’t realize, every single dollar. It is money we
open. Our committees, where so much Americans are not suffering from lack needed to borrow, and we were glad to
of our key legislative work is done, of cannabis right now. They are suf- do it, but we do need to remember that
have held a number of coronavirus fering from a lack of employment. it is borrowed money, and the younger
hearings over the past 2 weeks, and Let me mention some other high- workers and our children and grand-
there are more on the agenda. lights of the Democrats’ legislation: a children are going to be paying for it.
This week, the Committee on Aging tax cut for millionaires and billion- We have an obligation to them to bor-
will hold a hearing on caring for sen- aires; stimulus checks for illegal immi- row only what is absolutely necessary
iors during the coronavirus crisis. The grants and deadbeat dads; environ- to fight and beat this virus. Diversity
Senate Banking Committee will hold a mental justice grants to study pollu- studies for the cannabis industry
hearing with Treasury Secretary Steve tion; significant changes to election should not be making that cut.
Mnuchin and Federal Reserve Chair- law—that is really related to the Some of the Democrats’ proposals
man Jerome Powell to discuss imple- coronavirus—a ban on sharing informa- might be acceptable at another time,
mentation of the Coronavirus Aid, Re- tion about lower cost health insurance and I emphasize the word ‘‘some.’’ But
lief, and Economic Security Act—the options; and more. I could go on. The no matter how worthy the proposal,
CARES Act—which was our largest list literally goes on and on. there is a limit to what we can respon-
coronavirus relief bill. Unfortunately, while Democrats were sibly spend, and we have to prioritize
The Homeland Security and Govern- focused on federalizing election law measures that will directly fight the
ment Affairs Committee will hold a and requiring studies on diversity in virus and get Americans back to work.
hearing to consider the nomination of the cannabis industry, they forgot Republicans are also focused on de-
Brian D. Miller to be special inspector about a few basics. Their bill does not veloping measures that will help fight
general for pandemic recovery at the include any meaningful plan to get the virus and get our economy going
Treasury Department. With just an Americans back to work. It provides again without spending trillions of dol-
ounce of cooperation from Democrats, hardly any relief or support for small lars—something I might recommend to
we could confirm this important businesses. It doesn’t touch the issue of my Democratic colleagues. We are cur-
watchdog yet this week. liability reform—even though pre- rently working on a package of liabil-
Finally, the Commerce Committee, venting frivolous coronavirus lawsuits ity protections. Personal injury law-
of which I am a member, will be in ex- will be key to getting our economy yers are already filing coronavirus-re-
ecutive session to consider legislation going again—and it doesn’t do any- lated cases, and we need to ensure that
and nominations, including two thing to hold China accountable. The frivolous lawsuits don’t hamstring our
coronavirus bills.
Democrats’ bill is a fundamentally economic recovery while ensuring that
Of course, while coronavirus remains
unserious bill at an incredibly serious real cases of gross negligence and mis-
our top priority, we are also focused on
doing the other business the American time. conduct are punished.
Democratic leaders knew from the We are considering a lot of other
people expect us to do, from funding
beginning that there was no chance of measures to provide relief while driv-
our government to protecting our Na-
this legislation getting through the ing up the national debt as little as
tion. Last week, the Senate voted to
Senate or being signed by the Presi- possible, such as regulatory reform and
reauthorize three expired provisions of
dent. In fact, Democrats had some tax protection for healthcare workers
the Foreign Intelligence Surveillance
Act that provide essential tools to our work to do to persuade members of who cross State lines to provide their
law enforcement and intelligence com- their own caucus to vote for the bill. services. I am pushing for approval of
munities, as well as a number of re- As POLITICO put it, ‘‘As of late Thurs- my Mobile Workforce State Income
forms to strengthen privacy protec- day evening, the House Democratic Tax Simplification Act, which I intro-
tions and guard against abuses. leadership was engaged in what a few duced last year, along with Senator
We have also been considering nomi- senior aides and lawmakers described SHERROD BROWN.
nations for key administration posts, as the most difficult arm-twisting of Our legislation would create an
including Director of National Intel- the entire Congress: convincing their across-the-board tax standard for mo-
ligence and Secretary of the Navy. This rank and file to vote for a $3 trillion bile employees who spend a short pe-
week, we expect to confirm a nominee stimulus bill that will never become riod of time working across State lines.
to reestablish a quorum at the Federal law.’’ It would ensure that States receive fair
Election Commission, as well as a num- Unfortunately, Democratic leaders tax payments while substantially sim-
ber of nominees to fill vacancies on were successful in their arm-twisting, plifying tax requirements for employ-
Federal district courts. and the bill did pass the House, albeit ees and employers. This legislation has
So that is what the Senate has been with some Democratic defections. particular relevance in the age of
doing. What has the House of Rep- I have talked about the liberal wish coronavirus, with doctors and nurses
resentatives been up to? Well, until list in this bill, but I haven’t men- crossing State lines to voluntarily
last Friday, the answer was not much. tioned the other aspect of this pro- work in States that have been hit hard
But on Friday, the House brought its posal, and that is the enormous by the pandemic.
Members back to Washington to vote pricetag, a portion of which, of course, The Governor of New York is looking
on a massive, $3 trillion piece of legis- wouldn’t even go to anything to cash in on the pandemic and has al-
lation the Democratic leaders billed as coronavirus-related. My friends across ready threatened to subject these med-
coronavirus relief. In reality, as one the aisle think that all problems can be ical professionals to New York’s in-
House Democrat pointed out, the legis- solved with more money or a new gov- come tax. We need to make sure that
lation is nothing more than a mes- ernment program, but they can’t. And doctors and nurses who travel to other
saging bill—that from a House Demo- spending too much money can actually States to help fight the coronavirus
crat. hurt rather than help Americans. aren’t rewarded with big tax bills.
Under the guise of coronavirus relief, So far, we have spent $2.4 trillion to Partisan messaging bills, such as the
House leaders put together a massive fight the coronavirus. That is a tre- one the House Democrats passed last
package of liberal priorities that they mendous amount of money, but these week, are a waste of Democrats’ time
dlhill on DSK120RN23PROD with SENATE
well knew would be dead on arrival are extraordinary circumstances, and but, more importantly, do nothing to
here in the U.S. Senate. How unserious they call for an extraordinary re- serve the American people. How many
is their bill? Well, the Democrats’ leg- sponse. We may very well have to hours did the Democrats spend on their
islation mentions the word ‘‘can- spend more before this pandemic is massive liberal wish list—hours that
nabis’’—‘‘cannabis’’—more often than over, and if we need to, we will. But we could have been spent working with
the word ‘‘jobs.’’ have an absolute obligation to make Republicans to come up with real relief
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S2492 CONGRESSIONAL RECORD — SENATE May 19, 2020
measures? But that is pretty much par NAYS—20 step backward. We all know that our
for the course for Democrats these Blumenthal Hirono Schumer campaign finance system is broken.
days. They are intent on remaking Booker Klobuchar Stabenow Everyone in this room knows it. Spend-
Cantwell Menendez Udall
America according to their ever more Casey Merkley
ing on campaigns has gotten out of
Van Hollen
extreme leftist agenda. They are cer- Gillibrand Murray Warren control, and special interest groups are
tainly not going to let a national crisis Harris Reed Wyden a major part of the problem.
get in the way. In fact, more than one Heinrich Schatz Experts suggest that at least $6 bil-
leader of the Democratic Party has NOT VOTING—6 lion will be spent in the 2020 election
spoken with pleasure of the oppor- Alexander Markey Sanders cycle on political advertisements
tunity the pandemic presents to re- Brown Rounds Whitehouse alone. That doesn’t count the billions
make America in their far-left image. The nomination was confirmed. that will be spent by the campaigns
It is deeply disappointing that Demo- The PRESIDING OFFICER. Under themselves and the additional billions
crats are more focused on their pet the previous order, the motion to re- spent by dark money groups and spe-
projects than on addressing this pan- consider is considered made and laid cial interests which are trying to influ-
demic and its consequences, but that upon the table, and the President will ence this election. In order for our de-
will not stop the Republican-led Senate be immediately notified of the Presi- mocracy to work, we need strong rules
from moving forward with the business dent’s action. for campaign spending, and we need a
of the American people, and I hope that strong agency to enforce those rules.
f
Democrats will eventually decide to We should be working together, on a
join us. RECESS bipartisan basis, to propose solutions
I yield the floor. The PRESIDING OFFICER. Under to try to get the FEC back on track.
the previous order, the Senate stands I have a few ideas. We should work
The PRESIDING OFFICER (Mr.
in recess until 2:15 p.m. together to pass legislation to reform
CRUZ). All time has expired.
Thereupon, the Senate, at 12:39 p.m., the FEC’s rules so it functions better.
The question is, Will the Senate ad- We should establish a working group
vise and consent to the Rash nomina- recessed until 2:15 p.m. and reassem-
bled when called to order by the Pre- that will investigate bipartisan solu-
tion? tions to improve the function of the
Mr. THUNE. I ask for the yeas and siding Officer (Mrs. CAPITO).
FEC. We should also work together to
nays. f elect strong nominees from both par-
The PRESIDING OFFICER. Is there a EXECUTIVE CALENDAR—Continued ties who will serve on the Commission
sufficient second? with the understanding that they are
There appears to be a sufficient sec- The PRESIDING OFFICER. The Sen-
there to enforce the law and protect
ond. ator from Minnesota.
our election system—and, oh, does this
NOMINATION OF JAMES E. TRAINOR III
The clerk will call the roll. election system need protecting right
The bill clerk called the roll. Ms. KLOBUCHAR. Madam President, now.
we are here to vote on a nominee, We are in the midst of a pandemic.
Mr. THUNE. The following Senators
James Trainor, to be a Commissioner We have people standing in garbage
are necessarily absent: the Senator
at the Federal Election Commission— bags and homemade masks in the rain
from Tennessee (Mr. ALEXANDER) and
the independent agency responsible for in Wisconsin just trying to exercise
the Senator from South Dakota (Mr.
enforcing Federal campaign finance their right to vote. Nearly 50 of those
ROUNDS).
laws. people got sick. We have a poll worker
Further, if present and voting, the
I am deeply disappointed in today’s who got sick. We have States all over
Senator from Tennessee (Mr. ALEX-
vote, which is a departure from the the country, with both Democratic and
ANDER) would have voted ‘‘yea.’’
Senate’s longstanding tradition of con- Republican Governors, that are des-
Mr. DURBIN. I announce that the sidering FEC nominees on a bipartisan
Senator from Ohio (Mr. BROWN), the perately trying to get funding so we
basis and another step in eroding the can have more at-home voting and
Senator from Massachusetts (Mr. MAR- traditions of the Senate—all for a can-
KEY), the Senator from Vermont (Mr.
have the polls open earlier and have
didate who holds extreme views toward them open for days so people don’t
SANDERS), and the Senator from Rhode the agency to which he would be ap-
Island (Mr. WHITEHOUSE) are nec- have to all congregate on 1 day, and on
pointed. that day we have to also make our
essarily absent. Prior to today, the Senate has voted elections safer. We have a lot to do.
The PRESIDING OFFICER. Are there to confirm 47 FEC nominees, and 42 of When it comes to elections, we know
any other Senators in the Chamber de- those nominees have been confirmed that the enforcement agency for things
siring to vote? through a bipartisan process. As the like campaign finance is the FEC. We
The result was announced—yeas 74, ranking Democrat on the Rules and know it is broken, and we as a body
nays 20, as follows: Administration Committee, I have re- should work to improve it.
[Rollcall Vote No. 94 Ex.] peatedly urged my Republican col- My Republican colleagues, on this
YEAS—74 leagues to work with us to get the FEC particular nominee, have repeatedly
Baldwin Feinstein Paul
running again, as it is unacceptable said that by confirming Mr. Trainor
Barrasso Fischer Perdue that the agency charged with pro- they are doing some good restoring a
Bennet Gardner Peters tecting the integrity of our campaign quorum. OK. That is not the full story
Blackburn Graham Portman finance system has been without a
Blunt Grassley
of this nomination. It ignores the fact
Risch
Boozman Hassan Roberts
quorum for 261 days—the longest pe- that gridlock will persist, and Repub-
Braun Hawley Romney riod without a quorum in the agency’s licans have intentionally left a Demo-
Burr Hoeven Rosen history—but this is not the way to do cratic seat on the Commission vacant
Capito Hyde-Smith Rubio
Cardin Inhofe
it. for more than 1,100 days.
Sasse
Carper Johnson The FEC has been plagued by par- It ignores the fact that Leader SCHU-
Scott (FL)
Cassidy Jones
Scott (SC) tisan gridlock for years. With a general MER and I referred a Democratic can-
Collins Kaine election only 168 days away, we should didate to the White House for consider-
Shaheen
Coons Kennedy
Cornyn King Shelby be working together to make sure that ation and that she has been vetted and
Cortez Masto Lankford Sinema the agency is working to the fullest ex- cleared. She is immensely qualified,
Cotton Leahy Smith
tent possible. Americans are tired of and she would be the first person of
dlhill on DSK120RN23PROD with SENATE
Cramer Lee Sullivan
Crapo Loeffler Tester hyperpartisanship and gridlock. This is color to ever sit on the FEC. Yes, that
Cruz Manchin Thune not the time to abandon the bipartisan is right, the first person of color not
Daines McConnell Tillis tradition of moving FEC nominees to- only in this Congress but the first per-
Duckworth McSally Toomey
Warner
gether. We need to work to restore son of color in the history of the Fed-
Durbin Moran
Enzi Murkowski Wicker their trust in our political institutions, eral Elections Commission to serve on
Ernst Murphy Young and with this vote, we are taking a the Commission.
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