Coronavirus (Cong. Rec., March 12, 2020)
Summary
Page S1714 of the Senate section of the Congressional Record for March 12, 2020, headed Coronavirus. Mr. McConnell says House Democrats chose an ideological wish list not tailored to the circumstances, instead of helping communities face the economic effects of the virus, which is his view. He hopes expiring intelligence authorities will be renewed, and H.R. 6172 is placed on the calendar. A passage on a vacancy left by former Chairman Kevin McIntyre discusses pairing nominees, and a closing passage recalls a woman taken from a playground in Kotzebue.
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“Coronavirus (Cong. Rec., March 12, 2020).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-03-12-crec-2020-03-12-pt1-pgs1714-7-886dede64d/
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S1714 CONGRESSIONAL RECORD — SENATE March 12, 2020
With those critical steps already ping terrorist activity on U.S. soil are pass, these authorities are getting re-
taken, this week brought a further op- equipped with the powers they need to newed, and that is a great thing for the
portunity to help communities and be successful. security of our Nation and the safety of
families face the economic effects of Today, the threats these profes- the American people. I hope it can hap-
the virus spread. Unfortunately, it ap- sionals confront are as serious and di- pen today.
pears at this hour that the Speaker and verse as ever. Terrorist groups con- f
House Democrats instead chose to tinue to wish us harm. Major hostile
produce an ideological wish list that powers like Russia and China remain MEASURE PLACED ON THE
was not tailored closely to the cir- committed to undermining the integ- CALENDAR—H.R. 6172
cumstances. One is reminded of the fa- rity of American institutions, from our Mr. MCCONNELL. Mr. President, I
mous comment from President infrastructure to our elections. understand there is a bill at the desk
Obama’s first Chief of Staff: ‘‘You The targeted powers reauthorized by due a second reading.
never want a serious crisis to go to this legislation are a vital part of the The PRESIDING OFFICER. The
waste.’’ Instead of focusing on imme- efforts to protect American commu- clerk will read the bill by title for the
diate relief to affected individuals, nities. That is a fact. It is a fact that second time.
families, and businesses, the House has been reaffirmed time and again by The senior assistant legislative clerk
Democrats chose to wander into var- Attorneys General and by the numer- read as follows:
ious areas of policy that are barely re- ous reauthorizations granted by Con- A bill (H.R. 6172) to amend the Foreign In-
lated, if at all, to the issue before us. gress. telligence Surveillance Act of 1978 to pro-
Instead of working within existing This time is no different. We can’t hibit the production of certain business
law and within existing systems to de- mistake the safety and security that records, and for other purposes.
liver targeted relief as officially and ef- FISA authorities have helped preserve Mr. MCCONNELL. Mr. President, in
fectively as possible, the Speaker’s pro- for evidence that they are no longer order to place the bill on the calendar
posal would stand up a needless thicket needed. At the same time, we cannot under the provisions of rule XIV, I ob-
of new bureaucracy. They would task mistake a vital process for a perfect ject to further proceedings.
offices like the Social Security Admin- one. The 2016 election showed us per- The PRESIDING OFFICER. Objec-
istration with standing up brand-new fectly clearly that the authorities tion having been heard, the bill will be
bureaucracy that would delay the de- granted under FISA are in need of tar- placed on the calendar.
livery of aid to those who need it. geted reforms to improve account-
f
As currently drafted, the proposal ap- ability. That was backed up by the
pears to impose permanent unfunded findings of the Department of Justice RESERVATION OF LEADER TIME
mandates on businesses that could inspector general. The PRESIDING OFFICER. Under
cause massive job losses and put thou- That is why this legislation contains the previous order, the leadership time
sands of small businesses at risk. The a number of specific reforms to address is reserved.
administration was ready to collabo- the kinds of failures that embarrassed
f
rate. The Senate was ready to seriously the system in 2016: more oversight over
consider a compromise product, but it the practices of the FISA Court, more CONCLUSION OF MORNING
appears that over in the House, left- declassification and more compliance BUSINESS
wing political messaging may have practices, higher level approval for cer- The PRESIDING OFFICER. Morning
taken priority over the needs of our tain sensitive applications, and more. business is closed.
country. Certainly, this is dis- Our responsibility here is twofold. We
have to continue equipping our na- f
appointing.
I want to commend Secretary tional security professionals and the EXECUTIVE SESSION
Mnuchin for his efforts and his contin- intelligence community to anticipate,
ued conversation. At a minimum, I confront, and eliminate the threats
hope that Senate Democrats will not facing our country, and we also have to EXECUTIVE CALENDAR
block potential requests from our col- respond to the failures of 2016 with real The PRESIDING OFFICER. Under
leagues today to pass smaller, non- reforms that ensure the public trust is the previous order, the Senate will pro-
controversial pieces of legislation right handled appropriately. ceed to executive session to resume
away that would bolster particular as- This legislation, passed by a bipar- consideration of the following nomina-
pects of the fight against coronavirus. tisan majority in the House and en- tion, which the clerk will report.
The good news is that our Nation’s dorsed by the Attorney General, The legislative clerk read the nomi-
economy remains strong. The Presi- strikes the right balance. I am con- nation of James P. Danly, of Ten-
dent is continuing to take action him- fident that it will pass the Senate as nessee, to be a Member of the Federal
self. We just passed billions—billions— well. It is not a question of if this Energy Regulatory Commission for the
in urgent funding just last week, and passes but when. remainder of the term expiring June 30,
the Senate will continue to stand ready I hope that our colleagues who may
2023.
and willing to work toward further bi- not choose to vote for this legislation
Mr. MCCONNELL. I suggest the ab-
cameral, bipartisan actions when the will not deny this body the opportunity
sence of a quorum.
House Democrats decide to get serious. to renew these authorities today to
The PRESIDING OFFICER. The
f prevent any lapse. I hope none of our
clerk will call the roll.
colleagues choose to force these impor-
USA FREEDOM REAUTHORIZATION The legislative clerk proceeded to
tant national security tools to tempo-
ACT OF 2020 call the roll.
rarily lapse for the sake of making a
Mr. SCHUMER. Madam President, I
Mr. MCCONNELL. Mr. President, political point, which will not change
ask unanimous consent that the order
now, on another matter, yesterday the the outcome. In fact, I hope we can
for the quorum call be rescinded.
House of Representatives did come to- renew these authorities today.
The PRESIDING OFFICER (Mrs.
gether around a bipartisan agreement But if we cannot, if some of our col-
HYDE-SMITH). Without objection, it is
to renew some critical national secu- leagues choose to object, the lapse will
so ordered.
rity tools. The USA FREEDOM Reau- only be temporary, similar to past
RECOGNITION OF THE MINORITY LEADER
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thorization Act of 2020 will reauthorize short lapses between reauthorizations.
key authorities granted to intelligence These national security tools should The Democratic leader is recognized.
and national security professionals not lapse. They do not need to lapse, CORONAVIRUS
under the Foreign Intelligence Surveil- and I hope none of our colleagues Mr. SCHUMER. Madam President,
lance Act. choose to unilaterally force them to yesterday, the World Health Organiza-
First and foremost, this means ensur- lapse just for the sake of making a tion officially declared COVID–19—
ing that the men and women tasked point. But at least it would only be known as the coronavirus—a pandemic,
with rooting out espionage and stop- temporary because this bill is going to saying that it was ‘‘deeply concerned
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March 12, 2020 CONGRESSIONAL RECORD — SENATE S1715
both by the alarming . . . spread and the bill on the floor; let there be a calling this a hoax and, at least in his
severity, and . . . alarming levels of in- vote. It will pass, in my judgment. Put speech, not blaming the press or Demo-
action’’ by the nations of the world. the bill on the floor. Do not let this crats or somebody else for the problem.
Let me repeat that. They were ‘‘deep- legislation that the House passed at a Blame isn’t going to solve anything.
ly concerned both by the alarming lev- time of crisis be just another tomb- Yet, sadly and regrettably, the Presi-
els of spread and severity, and the stone in your legislative graveyard. dent’s speech fell far short of what
alarming levels of inaction’’ by the na- Of course, the central problem re- Americans needed to hear. The speech
tions of the world. mains—contending with the spread of was almost robotic, lacking any empa-
In my home State of New York, the coronavirus itself. Our testing re- thy. The President seemed to show lit-
members of the National Guard arrived gime has been completely inadequate. tle concern for Americans impacted by
in New Rochelle this morning to clean We still lag far behind other countries the virus or for allies around the world
institutions and deliver food to the in both the number and percentage of fighting it. The President did not say
more than 120 sick residents within the the population we are testing for the how his administration will address the
3-mile containment area. Here in the virus. There are still not enough kits lack of coronavirus testing kits, nor
Capitol, public tours will be suspended, distributed to hospitals and medical did he call for a national emergency to
and by the end of the week, the Capitol labs, and the results of those tests are free up Federal resources to fight the
Complex will be restricted to official not processed fast enough. From one virus. Calling for a national emergency
business only. end of the country to the other, those under the Stafford Act would free up
Today the House of Representatives on the frontlines—whether they be lots of FEMA’s resources to help States
will take up and pass several measures healthcare workers, mayors, county and localities. Why he hasn’t done it is
the Speaker and I called for earlier this executives, Governors—are crying out a mystery. We need him to do it, and
week to alleviate the economic pain for more testing and more speed in do it now.
felt by American workers and families bringing the results of the tests back So many of the President’s state-
who are impacted by the coronavirus, ments in his speech were inaccurate
immediately. The President didn’t
including extension of paid sick leave, and required no fewer than three cor-
mention it in his speech.
food security insurance, and an expan- I heard from the mayor of New Ro- rections by the White House in the
sion of unemployment insurance. The chelle, who is now overseeing a 3-mile hours after. The President was not
legislation will also provide much containment area. I asked: What is the clear or accurate in describing the ban
needed help to States like New York No. 1 thing you need? He said testing. on travel from Europe to the United
that are overburdened by Medicaid He told me that one of the reasons the States—that it did not apply to U.S.
costs. By temporarily modifying the citizens or to cargo. The President’s
State of New York had to impose the
FMAP formula, it gives the States the claim that health insurers have agreed
containment area was that it couldn’t
flexibility and money they need to to ‘‘waive all copayments for
be determined who was safe to walk on
fight this problem. I have long fought coronavirus treatment’’ was also, ap-
the street and who wasn’t because of
for an increase in FMAP funding, and parently, inaccurate. At a time of cri-
the lack of testing. If they had the
this is welcome and needed for New sis, one would think that the President
test, they would know who had the
York. I am glad it is in the bill that could give a speech that at least had
virus. Those people could quarantine at
the facts right, that there would be
Democrats in the House and Senate put home, and others could go out and
that care and focus. But, unfortu-
together. about with their lives and shop in the
Many of the policies I have men- nately, it wasn’t so.
stores, go down the streets, and go I don’t bring this up to play
tioned have been enacted by other through their normal activities. The ‘‘gotcha.’’ It is very serious. There are
countries dealing with the coronavirus. lack of testing has forced many in con- many Americans who watched the
The policies are targeted at workers tainment areas to quarantine them- President but may not have seen the
and families who are directly impacted selves when they may not have the White House correct his error-laden
by the virus, which is exactly where virus at all. speech. As a result, many Americans
the focus needs to be, not on bailing The administration must expedite got bad and confusing information.
out oil and gas companies or the cruise the approval of labs that are ready to This is very, very unfortunate. At all
industry or to regulating banks—some provide testing. It must support the times, but especially during a time of
of the ideas under discussion at the use of automatic testing to increase crisis, the President must be clear and
White House, by all reports—but on the speed and volume, and it must do a accurate about his policies and guid-
helping the American people cope with better job of communicating to hos- ance. We need leadership that is steady
the crisis. That is job No. 1. pitals and localities about the number and, above all else, competent. These
We can come back and pass addi- of testing kits available. The adminis- weren’t off-the-cuff remarks. This was
tional targeted measures that deal tration needs to get a handle on this a prepared speech.
with other economic problems at a now. In this moment, with lives in the bal-
later date, but in the immediacy of It has been well over a month since ance, Americans must have confidence
today, the policies the House will pass the first case of coronavirus was con- that their President knows what he is
will provide much needed help to those firmed on our soil, and many places doing and knows what he is talking
who need help; it will provide signifi- around the country were not able to about. To his detriment and to the Na-
cant economic relief by pumping test for the coronavirus with the nec- tion’s, sadly, President Trump failed to
money into the economy; and it will essary capacity or speed. The most inspire that confidence last night.
provide some flexibility to the local- glaring emission in this administra- I had hoped the fact that the Presi-
ities, the States, and to the American tion’s long list of problems has been dent delivered a national address was a
people. The Senate should pass this bill the way they approach the coronavirus sign that the administration was fi-
immediately following the House, be- and the lack of testing. We need it now. nally beginning to treat the
fore the end of the day. The failure of the administration to coronavirus with the seriousness it
I plead—I plead—with my Republican anticipate problems with testing has needs. That is why it was so discour-
Senate colleagues to pass this bill now. put us weeks and weeks behind. aging that only a few hours later, the
It has been carefully thought out. Its Last night, President Trump gave his President was back to his old tricks—
programs are directly aimed at people. national address about the attacking Democrats—when we all
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They are not ideological, and it is des- coronavirus, and testing wasn’t in- know that is not going to solve the
perately needed to show the American cluded. It was amazing to me. The No. problem and we all know it is a time to
people we can do things that actually 1 problem was ignored. bring us together.
benefit the people who are in trouble I welcomed that the President Congress has already passed major
and actually help move the American stressed the need for hygiene. He in- emergency appropriations to ramp up
economy. To not pass this bill today structed Americans to stay home if our response to the virus. The Presi-
would be a dereliction of duty, and I they felt sick, something he questioned dent’s early number $2 billion was, for-
plead with Senator MCCONNELL: Put in the past. I was glad he is no longer tunately, increased significantly by
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S1716 CONGRESSIONAL RECORD — SENATE March 12, 2020
Democrats and Republicans in the For those who don’t follow the day- of Mr. McIntyre’s term through mid-
House and Senate to $8.3 billion. Con- to-day of energy policy, FERC is an 2023.
gress is now working quickly and com- independent agency within the Depart- The fact is, we have one nomination
petently on a second package. It should ment of Energy. It regulates elec- for the Senate right now, not two. We
get the same quick response from our tricity, hydropower, natural gas, and have one nomination to consider, and
Republican Senators and pass. oil pipeline industries. In my view, this position has been open now for
NOMINATION OF JAMES P. DANLY FERC is one of those very, very impor- some 14 months. It is not fair to tell a
Madam President, today the Senate tant entities. FERC plays a critical qualified Republican nominee that he
will vote on the nomination of James role in keeping the lights on and ensur- has to wait, especially with the seat
Danly to serve on the Federal Energy ing the delivery of reliable, safe, and now having been open for more than 1
Regulatory Commission. Less than a affordable energy to America’s homes year and the term expiring in mid-2023.
decade out of law school, Mr. Danly and businesses. That doesn’t change.
lacks the experience of past nominees, Mr. Danly has an impressive aca- I would also remind my colleagues
and it seems his major qualification is demic and professional background. He that nominations are the responsibility
deep ties to the energy industry. The is a veteran, having served two tours of of the President. It is not on me as the
process behind his nomination has been duty with the Army in Iraq, where he chairman of the Energy and Natural
extremely partisan and unfair to the received a Bronze Star and a Purple Resources Committee. It is not on
Senate minority. Heart, and played a key role in exe- Leader MCCONNELL. It is the responsi-
I have tried to work with the Repub- cuting counterinsurgency efforts dur- bility of the President.
lican leader to pair Mr. Danly’s nomi- ing the surge. The much more recent Democratic
nation with a Democratic nominee so After his career with the Army, Mr. vacancy at FERC, which was the
that both would pass the Senate. That Danly chose to pursue a very different choice of the Democratic leadership in
is what we have always done until career as a FERC attorney, first prac- this body, is for the Democratic leader-
Leader MCCONNELL started his ways ticing at a major law firm and most re- ship to work out with the White House.
and President Trump became Presi- cently serving as FERC’s general coun- Send to the White House that nominee
dent. sel for the past 21⁄2 years now. who can be advanced.
By law, FERC has seats reserved for Mr. Danly’s time at the FERC has For those who are concerned about
both Democrats and Republicans. been very productive. He has my strong the Democratic vacancy, I will share
Democrats sent our recommendation this with you. There will be an oppor-
support to be a Commissioner. This is
for FERC to the White House over a tunity for a pairing later this year.
the type of individual who knows his
year ago, long before the administra- Commissioner McNamee has already
stuff, who has a great grasp and a keen
tion selected Danly. Yet while the announced that he will not return to
understanding of these energy-related
White House sent Danly’s name to the the FERC for a second term, so there
matters. He is well qualified and has a
Senate for confirmation, they have will be a vacancy in just a matter of
deep understanding of the issues that
held the Democratic nominee and
will come before him. He understands months. I have encouraged the admin-
given no reason or explanation why.
FERC’s mission as an independent and istration to send us both nominees at
Rather than work with my office and
an impartial regulator. the same time so that the Senate can
the White House to fix this problem—
Despite Mr. Danly’s very impressive restore FERC to a full complement of
as every other Republican leader has
qualifications and experience, I am dis- five Commissioners. We give them a lot
done—and maintain the process of pair-
appointed that some of my colleagues of work. There is a lot of responsi-
ing nominees, which has always been
have indicated they will oppose his bility. They need a full complement.
the tradition whether Democrats or
nomination simply because he isn’t Right now, our opportunity is to con-
Republicans were in the majority,
nominated alongside a Democratic can- firm Mr. Danly. That is who we have in
Leader MCCONNELL, in his very par-
didate. So they will acknowledge that front of us. He is the only FERC nomi-
tisan, pro-energy industry way, is mov-
he has strong qualifications, that he nee we have. He is well qualified for the
ing forward with only the Republican
has the expertise and the experience, job. He served our country in uniform.
nominee.
Leader MCCONNELL has been in the but they are opposing him because He now wishes to continue that service
minority before. He knows that the they are saying he needs to be nomi- in a different capacity, and I hope—I
only way bipartisan boards and com- nated alongside a Democrat. To me, op- hope—no one will vote against him on
missions across the Federal Govern- posing nominees on that basis alone is party grounds. So I would certainly
ment are filled fairly with consider- very troubling. urge the full Senate to support Mr.
ations for both parties is through co- It is also incorrect to characterize Danly’s nomination.
operation. If the shoe were on the other pairing FERC nominees as the norm. I With that, I yield the floor.
think Members should recognize that The PRESIDING OFFICER. The Sen-
foot, I am sure the Republican leader
would be furious with the game the FERC is set up first and foremost to ator from Alaska.
avoid the need for pairings. We passed ASHLEY JOHNSON-BARR DAY
White House is playing with our nomi-
nees. a law in Congress in 1990 to stagger the Ms. MURKOWSKI. Mr. President, the
Our preference would have been to five Commissioners’ terms by 1 year Alaska State Senate yesterday passed
clear Danly alongside our Democratic each. So if nominees are sent to the a bill that would establish March 12,
nominee, but now, for the sake of fair- Senate in a timely manner and stay in today, as Ashley Johnson-Barr Day to
ness and parity, I urge my colleagues office, we would never need to pair be held each year.
to vote against his nomination. them. Ashley Johnson-Barr was a 10-year-
I yield the floor. Also contrary to what some have old beautiful little girl in Kotzebue,
The PRESIDING OFFICER (Mr. suggested, bipartisan pairings are not AK. Ashley was probably one of those
SCOTT of Florida). The Senator from actually the norm. More often, we have happy kids who loved purple; thus, I
Alaska. confirmed individual Commissioners or have a purple scarf and purple jacket
NOMINATION OF JAMES P. DANLY had unbalanced pairings, like Colette today. She was one of those beautiful
Ms. MURKOWSKI. Mr. President, I Honorable in 2014 or the two Repub- young children growing up in Kotzebue
have come to the floor this morning to lican Commissioners we confirmed in who would have gone on to have a
speak in support of the nomination of 2017 after the Obama administration good, productive life in an Inupiat
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Mr. James Danly to serve on the Fed- refused to nominate any Republicans community in the northwestern part of
eral Energy Regulatory Commission. in 2015 or 2016. the State. But Ashley Johnson-Barr is
Mr. Danly has been nominated for the I also encourage the Senate to recog- remembered now because, at the age of
remainder of a term that runs through nize that this seat has already been 10 years old, she was brutally raped and
June 30, 2023, and for a seat that has paired. In 2017, we paired Mr. McIntyre murdered. She was literally taken from
been open now since former Chairman with Rich Glick, who will continue to the kids’ playground there in Kotzebue
Kevin McIntyre tragically passed away serve through mid-2022. The slot we are and taken to a location not too many
from brain cancer about 14 months ago. now considering is to fill the remainder miles outside the community.
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