Unanimous Consent Request—H.R. 1 (Cong. Rec., Oct. 24, 2020)
Summary
Pages S6430 and S6431 of the Congressional Record, Senate, dated October 24, 2020. In remarks on FDA review of COVID–19 vaccines, Mr. SCHUMER urges the Governors of California and New York not to set up State review panels. Mr. SCHUMER then asks unanimous consent that the Senate proceed to consideration of H.R. 1, the For the People Act, and Mr. BRAUN, reserving the right to object, objects. A second request on suicide prevention bills, including the Campaign to Prevent Suicide Act, draws a reservation from Mr. JOHNSON.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Cite this document
“Unanimous Consent Request—H.R. 1 (Cong. Rec., Oct. 24, 2020).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-10-24-crec-2020-10-24-pt1-pgs6430-54ad1a90b4/
, SHA-256 69ee9c519d79b0e4c7d0099a8ea53a65adff1d63a0f6f18369b79ec709d2a92d.Full text
S6430 CONGRESSIONAL RECORD — SENATE October 24, 2020
Evaluation and Research, at FDA, has been at FDA since 1996. The Vac- more perfect Union, it would shore up
wrote this about the vaccine advisory cine Division of the Center for Bio- our elections from threats from abroad.
committee’s role on FDA’s website: logics Evaluation and Research is led That is something we have just re-
The committee will hear presentations by Dr. Marion Gruber, who has over 20 cently read more and more about. Why
from experts in COVID–19 disease and vac- years of experience in regulatory re- aren’t we doing more on that?
cine development, as well as from career view and approval of vaccines and bio- In fact, when Senator VAN HOLLEN, a
FDA scientists. Topics will include studies logics. The Deputy Director of the Vac- few days ago, put on the floor a UC of
needed to support authorization or approval, cine Division, Dr. Philip Krause, has 10 an act that would say Russia should
post-marketing safety studies needed fol- have sanctions imposed on it if they
years of experience at FDA working on
lowing an approval, and what would be nec-
essary for ongoing safety monitoring fol- vaccines. FDA will also have the advice interfere with our elections, the other
lowing issuance of an emergency use author- of independent advisory committees. side blocked it. I hope they are not fol-
ization for COVID–19 vaccine. California and New York—no State lowing Donald Trump’s obeisance to
Dr. Marks continued: will be able to assemble a scientific Russia and his view that Putin is just
panel of experts with the same high OK.
There will also be a part of the meeting
level of knowledge and experience re- It would also dismantle systematic
during which members of the public will
have an opportunity to speak and provide viewing safety and efficacy informa- hurdles that discourage voter partici-
input, and this will be followed by a thor- tion as exists at the Food and Drug Ad- pation. One of the worst things the Su-
ough discussion of the issues by the com- ministration. Democratic Governors in preme Court has done—and there are
mittee members. The members of this com- those two States should not both be quite a few under this conservative ma-
mittee are external scientific and public telling President Trump that he ought jority—is the Shelby decision, where
health experts from around the country, spe- to follow the advice of scientists like Justice Roberts, leading the charge,
cializing in fields such as immunology, virol- Dr. Fauci, which he should do, but at said: We can dismantle the toughest
ogy, infectious diseases, pediatrics, vaccine
the same time undermine the review protections under the Voting Rights
development, and vaccine safety.
and the work of similar career sci- Act. He said: States aren’t going to dis-
This meeting, and any other FDA ad- entists at the Food and Drug Adminis- criminate anymore.
visory committee meeting, can be tration. And within a year, 20 States passed
viewed by the public. At the Senate Vaccines save lives. We have heard laws making it harder to vote. That is
Health Committee hearing on Sep- testimony in our Health Committee despicable. That is an awful case.
tember 23, where FDA Commissioner demonstrating that. Undermining pub- It would help beat back decades of
Stephen Hahn testified, I reviewed the lic confidence in vaccine risks not only loose finance rules that empowered
three steps that have to happen before our ability to combat COVID–19 but ac- special interests at the expense of the
FDA will approve a vaccine: No. 1, ceptance of other vaccines as well. American people. We all know about
independent experts overseeing clinical If California and New York can over- the dark money that is cascading into
trials determine whether there is ride the FDA on vaccines, what would our system. In fact, SHELDON WHITE-
enough data available for the FDA to prevent Republican Governors from HOUSE yesterday asked to make that
review. banning RU–486, the abortion drug, in public, to disclose those kinds of con-
No. 2, after demonstrating safety and their States? If that were to happen, I tributions when it came to the Su-
efficacy based on clinical trials, the am sure my Democratic colleagues preme Court, where rightwing money
vaccine manufacturer submits an ap- would cry politics and suggest that if pours in to make sure that rightwing
plication to the FDA. FDA has reviewed and approved a drug nominees get on the Court and move to
And No. 3, FDA experts conduct their and said it is safe and effective, then, pull the American agenda so much fur-
review and make the final determina- States should not be able to say that it ther to the right than the American
tion whether or not it is safe and that is unsafe. people ever would.
it works. FDA is the right agency to review Well, in general, there is too much
In other words, no one knows when and approve vaccines and drugs and dark money, too much special interest
the vaccine will be ready to distribute. medical devices. I would urge the Gov- money. This would undo it. As election
No one knows that, even Dr. Hahn. And ernors of California and New York not interference remains an urgent threat,
why does he not know it? Because to set up their State review panels but as efforts to disenfranchise voters—es-
there is this elaborate, independent, instead focus their time and resources pecially voters of color, young voters,
public process established by career on planning to distribute the vaccine and low-income voters—persist, and as
scientists, with not a word changed by and improving testing and contract powerful special interests continue to
the White House, that will review the tracing, using the resources that Con- exercise outside influence in our elec-
data and then make a decision. Be- gress has given to States, rather than tions, the need for this legislation
cause of the work of Congress and the second-guessing the efforts of sci- couldn’t be more clear.
administration, tens of millions of entists at the Food and Drug Adminis- Unfortunately, the Republican leader
doses are being manufactured. So when tration. has other priorities. Rather than
that approval comes—whether it is No- I yield the floor. strengthen our democracy, rather than
vember, December, or January—there I suggest the absence of a quorum. protecting our right to vote, rather
will be tens of millions of doses of vac- The PRESIDING OFFICER. The than fighting big money or tackling
cine ready to distribute to the Amer- clerk will call the roll. corruption, rather than addressing any
ican people. But that approval won’t The bill clerk called the roll. of the myriad of problems in our de-
come until the career scientists’ rules Mr. SCHUMER. Mr. President, I ask mocracy that this country faces, Lead-
are followed. unanimous consent that the order for er MCCONNELL is undoing democracy by
The FDA is considered the gold the quorum call be rescinded. rushing through a lifetime appoint-
standard in the world, in part because The PRESIDING OFFICER. Without ment to the Supreme Court mere days
it is one of the few regulatory agencies objection, it is so ordered. before an election.
in the world that looks at detailed clin- UNANIMOUS CONSENT REQUEST—H.R. 1 You couldn’t find a more different set
ical trial data as part of its review, Mr. SCHUMER. Mr. President, well, of priorities from that of everyday
rather than summaries of clinical trial for more than year and a half, Leader Americans if you tried. I urge Leader
data. MCCONNELL and Senate Republicans MCCONNELL to stop this unprecedented
The FDA Division making the deci- have refused to take action on the and nakedly partisan process and in-
sion to approve or authorize a vaccine House-passed For the People Act at a stead put this important legislation on
ctelli on DSK11ZRN23PROD with SENATE
for COVID–19 is led by experts with time when our democracy is under the Senate floor for a vote now. Let’s
decades of experience, including Dr. siege in so many ways. The For the discuss it. Let’s debate it. Let’s not
Peter Marks, whom I mentioned, the People Act is a bold proposal that will just reject it at a time when we need to
head of the Center for Biologics Eval- restore people’s trust in our demo- do so much of this.
uation and Research. He has been at cratic system, a trust that is fading. It In order to proceed to the consider-
the center since 2012. Dr. Celia Witten is for the people. In order to make a ation of H.R. 1, For the People Act, I
VerDate Sep 11 2014 01:02 Oct 25, 2020 Jkt 019060 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.194 S24OCPT1
October 24, 2020 CONGRESSIONAL RECORD — SENATE S6431
ask unanimous consent that the Sen- We should not be rushing into some- gency Department Act of 2020; and H.R.
ate proceed to legislative session. thing like this that is that comprehen- 4585, the Campaign to Prevent Suicide
The PRESIDING OFFICER. Is there sive. We should be paying attention to Act, I ask unanimous consent that the
objection? the process of getting a bona fide judge Senate proceed to legislative session.
The Senator from Indiana. across the finish line, which I think The PRESIDING OFFICER. Is there
Mr. BRAUN. Mr. President, reserving most of us intend to do. objection?
the right to object, I want to go Therefore, I object to this bill and to The Senator from Wisconsin.
through just a few—and it is really moving to legislative session. Mr. JOHNSON. Reserving the right
more than a few; it is a lot—of what is The PRESIDING OFFICER (Mr. ROM- to object, when the COVID crisis first
embedded in this bill. I would call it NEY). Objection is heard. hit, this body, all of Congress, recog-
the ‘‘Democratic Politician Protection The Democratic leader. nized how serious the situation was,
Act.’’ Let’s listen to a few of these UNANIMOUS CONSENT REQUEST—H.R. 5619, H.R. and we acted. We acted in a very bipar-
things. 5572, H.R. 4861, AND H.R. 4585 tisan fashion. We acted in a massive
The Constitution vests primary re- Mr. SCHUMER. Mr. President, I have fashion, as a matter of fact.
sponsibility in the States to set time, another request. We understood that the American
place, and manner of elections. States As Americans face job loss, health people, through no fault of their own—
and localities have determined how to crises, isolation, and enormous daily businesses were shutting down, people
conduct elections for a long, long time. stress during the pandemic, the risk of were unemployed—and we needed to
H.R. 1, through a top-down, Federal ap- suicide has tragically gone up. The provide a massive level of relief, and
proach, completely reverses this long- CDC found that since the pandemic we did that in a bipartisan, almost
standing tradition. Rather than began, twice as many Americans report unanimous fashion.
strengthening the election process, it All the needs have not been met. Re-
serious consideration of suicide. The
paves the way for rampant, I think, publicans completely understand that,
rate of suicide risk is especially high
fraud, abuse, and litigation that dimin- which is why we spent the August re-
among young Americans, minorities,
ishes the value of a legitimate vote, by cess in daily calls, talking amongst
essential workers, and caregivers.
doing these rushed reforms. ourselves, trying to focus and target
Unfortunately, this is hitting our
Let’s look at the 2018 midterm elec- where the relief is best directed.
Armed Forces, as well. The Army’s What we understood when we passed
tions. Polling showed that 92 percent of
Chief of Staff, General McConville, the more than $3 trillion of COVID re-
voters found their experience very easy
stated that he sees a correlation be- lief in the early parts of this pandemic
or somewhat easy. Why fix it if it isn’t
tween COVID and a rise in military was that our efforts were going to be
broken? It imposes a DC-style election
suicides. My office recently received a far from perfect, but they needed relief
process on the States, requiring all
note, a tragically sad note, from a vet- and, again, we supported it.
State agencies and Federal agencies,
erans group in Rochester, NY, about a One of the things we were trying to
including colleges and universities, to
automatically register voters, includ- veteran in their region, 50 years of age, focus on, when we are already $27 tril-
ing those who are 16 and 17 years old. It unemployed, and struggling during the lion in debt, was recognizing the fact
preempts State registration deadlines pandemic. When he stopped receiving that we don’t have an unlimited credit
and requires same-day registration the $600 unemployment assistance, he card; that we had to really take the
without verification safeguards. It ex- was unable to make his mortgage pay- time and hone the next relief package.
pands the number of agencies that ments and, unfortunately and sadly, We did that over the August recess,
must contribute voter records, even to very recently committed suicide. and we came together with a very tar-
those who have no experience or exper- I have no doubt that there are more geted, very appropriate, and still a
tise in voter enrollment, forcing States American veterans out there who are very expensive package, over $600 bil-
to accept a sworn statement as proof of going through the same struggle. Each lion when you add up the plus-up for
identity, instead of photo identifica- one is a separate and heartbreaking unemployment benefits, $300 per week,
tion, and to record the vote as a reg- tragedy. These men and women who a level that is sufficient but not so
ular ballot. It expands absentee ballot risked their lives for us are taking high that it actually provides incentive
availability and requires States to pro- their own lives. It is incumbent upon for people to stay on the sidelines and
vide prepaid postage for all mail-in bal- us to do something about it. not enter the workforce.
lots. Congress can implement suicide pre- In my State of Wisconsin, one of the
It does so many things that are dif- vention initiatives. We may be able to biggest problems employers have is
ferent from what we currently have in make a difference. The House has they simply don’t have the ability to
a system that in most places is work- passed a number of bills to get suicide track people off the sidelines when you
ing fine. It does not include provisions prevention funding and new resources have a $600 plus-up. We provided addi-
that require or encourage States to re- out to communities. tional funding for PPP, particularly for
move inaccurate voter information. It I am going to ask that we go into leg- small businesses that have been dev-
reduces the integrity of voter rolls by islative session to consider four of astated. Owners have seen their life
restricting the State ability to main- those House-passed bills. This pan- savings wiped out. That additional over
tain voter rolls and records that ensure demic has taken so many lives, and we $200 plus-up in relief for small busi-
voter identity accuracy. sometimes forget that it is not just nesses would be targeted, would be ap-
There are no penalties for anyone those who contracted COVID, but those propriate, and it is necessary.
who is falsely registered. It prohibits who are pushed to unimaginable stress There is over $100 billion for schools,
States from being able to continue rou- and devastation because of what tens of billions of dollars for additional
tine maintenance on their own voter COVID has done to our economy, our testing and vaccines, billions of dollars
lists. It also creates numerous private friends, and our way of life. The Senate for childcare and agriculture. In total,
rights of action that pave the way for should be passing these bills and help- on top of $3 trillion, which is 14 percent
trial lawyers to sue when the results of ing out those who may be hiding in the of our GDP—by the way, a fair amount
an election are not to their liking. shadows but crying out for help. of that is still unspent and unobli-
It makes the Federal Election Com- There are four bills. I think I will ask gated. We took a little bit of that
mission a partisan body. It politicizes for consideration on the four of them which was unspent and unobligated and
the FEC by changing the neutral, even- en bloc; is that permitted? repurposed it for this new targeted
ly divided, six-member body into a The PRESIDING OFFICER. It is by package.
five-member panel. It makes a new par- consent. Fifty-two Republican Senators voted
ctelli on DSK11ZRN23PROD with SENATE
tisan FEC. It changes the latitude to Mr. SCHUMER. In order to proceed for that bill twice. Rather than take
determine and interpret the subjective to the consideration of H.R. 5619, Sui- yes for an answer, rather than saying:
enforcement test established by this cide Prevention Act; H.R. 5572, Family Thank you, we will support this level
bill. It, in essence, takes what is work- Support Services for Addiction Act of of relief for the American people, our
ing and complicates it with a top-down 2020; H.R. 4861, Effective Suicide colleagues on the other side of the aisle
Federal system. Screening and Assessment in the Emer- just said no.
VerDate Sep 11 2014 01:02 Oct 25, 2020 Jkt 019060 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.195 S24OCPT1
S6432 CONGRESSIONAL RECORD — SENATE October 24, 2020
An analogy I have been using would with suicide. Of course, the answer is tion that she was asked by members of
be, Mr. President, if I said: Mr. Presi- no again. It is sad and unfortunate. the Judiciary Committee.
dent, give me $200. The Presiding Offi- Fortunately, the American people will Judge Barrett has an impressive
cer would look at me in shock, but be- be able to have a real say, not on the command and, of course, the respect
cause he is a generous individual, he Supreme Court Justice they are rush- for the law and the Constitution. Clear-
would say: Maybe not $200, but I will ing through but on who will be the next ly, from her testimony, she respects
give you $100. But just because the Pre- administration and who will do more. precedent, and she practices judicial
siding Officer didn’t give me the full We will see what their answer is. restraint. In her words: ‘‘A judge who
$200, I would go stomping off, and I Mr. BROWN. Will the Democratic approaches a case as an opportunity for
don’t even take the $100. That is, in ef- leader yield? an exercise of will has . . . betrayed
fect, what the Senators on the other Mr. SCHUMER. I would be happy to her judicial duty.’’
side of the aisle are doing. yield. She went on to explain to the com-
We are offering and we supported $600 Mr. BROWN. I hear Senator JOHNSON mittee her legal method, how she con-
billion on top of $3 trillion in relief— talk about employers can’t find work- siders statutes and the Constitution
necessary relief, needed relief for un- ers. There are 600,000 in my State who and how she interprets and applies the
employment benefits, for small busi- lost their unemployment insurance statutes and the Constitution. Her ju-
nesses, for vaccines, for testing, for just like that at the end of July. Six dicial method is rigorous and exacting
education, for childcare. It is there for hundred thousand people lost $600 a but fair. She testified that she would
the taking. All they have to do is say week. listen to both sides in every case. She
yes. Yet they say no because they I go back to March, when we passed said: ‘‘We want judges to approach
would rather have an issue rather than this bill that was so important it cases thoughtfully and with an open
result. passed unanimously. There was one mind.’’
Are they serious about helping the amendment Republicans wanted for When pressed on how she might rule
American public or do they just want this $2.5 trillion bill. It was to strip out in a particular case, Judge Barrett
to play politics? I think the answer is unemployment insurance so that those promptly applied what we all know as
quite obvious. workers didn’t get the $600 a week. the Ginsburg rule, and she did it just
I object. What are they to live on? Six hundred like every other recent nominee to the
The PRESIDING OFFICER. Objec- thousand people in my State can’t find Supreme Court for the last 30 years
tion is heard. work, 100,000 in Wisconsin, even more when Ginsburg first told the Judiciary
The Democratic leader. in New York, tens of thousands in Iowa Committee that there would be no
Mr. SCHUMER. The emaciated bill and Utah. What are they to do? hints, no previews, or forecasts, and
filled with poison pills that the Sen- We know there is going to be a wave Judge Barrett demonstrated her inde-
ator from Wisconsin talks about was of evictions and foreclosures as people pendence by often repeating the Jus-
never intended to pass. In fact, the Re- are thrown out of their apartments and tice Ginsburg rule.
publican majority leader waited 5 their homes. I specifically asked Judge Barrett if
months before doing anything while This Congress continues to—the Sen- she had made any promises or guaran-
people were suffering. The bill does not ate just won’t do its job. Do your job. tees to anyone about how she might
contain close to what is needed. If Senator MCCONNELL would do his rule on a case. She responded this way
Basically, his analogy is incorrect. job, we could do our job and get this to my question:
The analogy would be saying: You have economy back on track. The answer is no. . . . No one ever talked
a series of serious illnesses; let’s treat Thank you. about any case with me. . . . I can’t make
one because we don’t want to pay for Mr. SCHUMER. I would add one final any pre-commitments to this body either. It
the others—even though we were will- thing. The bill that the Senator from would be inconsistent with judicial inde-
ing to increase the deficit by close to $2 Wisconsin talks about was totally par- pendence.
trillion by giving a tax break to the tisan, which they know can’t pass. To quote further:
wealthy. Then, when Leader MCCONNELL put it I’m not willing to make a deal—not with
So this cry about deficit, when it on the floor, he filled the tree so it the committee, not with the president, not
comes to helping middle-class people, couldn’t even be amended. with anyone. I am independent.
hurting people, unemployed people, I yield the floor. That quote or similar words were
people who can’t feed their kids, no, it The PRESIDING OFFICER. The Sen- spoken by Judge Barrett to almost
is the deficit. When it comes to giving ator from Iowa. every suspicious Judiciary member
a big tax break to wealthy corpora- NOMINATION OF AMY CONEY BARRETT about whom she might have made some
tions and wealthy people, that is fine. Mr. GRASSLEY. Mr. President, the deal ahead of time to get on the Su-
As much as I respect my colleague Senate will soon vote on the confirma- preme Court.
from Wisconsin, I don’t really take his tion of Judge Barrett to become Asso- Contrary to critics’ claims about her
words very seriously. Our Republican ciate Justice of the U.S. Supreme being biased, Judge Barrett is even-
friends put this emaciated bill on the Court. I will be voting in favor of her handed and has ruled for both plaintiffs
floor at the last minute because they nomination, and I urge my colleagues and defendants in all kinds of cases.
got such pressure for doing nothing. to do just the same. She believes in justice for all, in ac-
They know it can’t pass the House. As was made clear to millions of cordance with the law and the Con-
They know it is totally inadequate. Americans who watched her hearing, stitution, just like we would expect ev-
This is the greatest economic crisis Judge Barrett has the temperament, erybody to say who is a lifetime ap-
since the Great Depression, the great- the modesty, and the humility that we pointee to the Judiciary, but we don’t
est healthcare crisis for 100 years since should all expect in a judge. She ap- see all of them following that practice.
the Spanish pandemic flu, and our col- proaches cases without bias or personal She went on to tell the committee: ‘‘I
leagues do next to nothing in terms of agenda. She made that very clear to al- am fully committed to equal justice
the crisis. This is loaded with poison most every question asked to her by under the law for all persons.’’
pills so they know it can’t pass. They every member of the Judiciary Com- When asked if she will follow the law
know it can’t pass the House, and they mittee. wherever it leads, she said: ‘‘Yes.’’
waited 5 months. Most importantly, Judge Barrett un- Then she said: ‘‘I have an agenda to
The American people know it. When derstands the proper role of members stick to the rule of law and decide
they are asked: Who wants to solve of the Judiciary and our constitutional cases as they come.’’ Yet that wasn’t
ctelli on DSK11ZRN23PROD with SENATE
this problem, they know that it is the system of separated powers. That is, a good enough for our Democratic col-
Democrats in the Senate and House judge should interpret—not make—the leagues and their leftist allies.
who want to and the Republicans have law. Making law is, under the Constitu- However, throughout the hearings,
resisted. There is no question about it. tion, the responsibility of the Congress, the Democrats and many in the media
The bills I just asked for are small not the Supreme Court. She also made deliberately misrepresented Judge
bills, not very expensive, that deal that very clear in almost every ques- Barrett’s views on the Affordable Care
VerDate Sep 11 2014 01:02 Oct 25, 2020 Jkt 019060 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.196 S24OCPT1
File and source
- File
- CREC_crec-2020-10-24_crec-2020-10-24-pt1-pgs6430.pdf
- Size
- 217,389 bytes
- SHA-256
- 69ee9c519d79b0e4c7d0099a8ea53a65adff1d63a0f6f18369b79ec709d2a92d
- Original
- www.govinfo.gov