Congressional Record, Senate, March 16, 2020 — USA Freedom Reauthorization Act of 2020
Summary
Page S1748 of the Senate section of the Congressional Record for March 16, 2020. Remarks on the USA Freedom Reauthorization Act of 2020 say the House bill reauthorizes the tools national security requires while imposing new reforms, and that the Senate should not wait to act. Another speaker says the number of confirmed cases of COVID-19 in the United States has grown from around 1,000 to well over 4,000 in less than a week, that public tours in the Capitol are suspended, and that Senate Democrats will not be holding the regular caucus lunch. McConnell then asks unanimous consent on an order of business.
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“Congressional Record, Senate, March 16, 2020 — USA Freedom Reauthorization Act of 2020.”
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S1748 CONGRESSIONAL RECORD — SENATE March 16, 2020
product to us here in the Senate. We within each party, strikes a key bal- Now, as the Senate returns this week
cannot consider the legislation until ance. It reauthorizes the tools which in a time of extraordinary challenge
we get it, but I know that Senators on our national security requires, while for our country, COVID–19, known as
both sides have spent the last several also imposing a number of new reforms the coronavirus, continues to spread
days carefully studying the House pro- which basic accountability demands. rapidly. In less than a week, the num-
posal, and I know that all of us are We can’t let the relative success of ber of confirmed cases in the United
eager to act quickly to support Amer- these tools at preserving the safety and States has grown from around 1,000 to
ican workers, families, and small busi- security of our country mislead us to well over 4,000. The actual number of
nesses. believe they are unnecessary. It is just cases is probably higher.
Even more broadly, Senate Repub- the opposite. Terrorist organizations Here in the Capitol, public tours are
licans are absolutely convinced that still search constantly for opportuni- suspended, and much of our staff is
the House’s bill can only be the begin- ties to strike on American soil. Hostile working from home. In a further effort
ning—just the beginning—of Congress’s foreign intelligence services—whether to limit interactions, Senate Demo-
efforts to secure our economy and sup- Chinese, Russian, or Iranian—still seek crats will not be holding our regular
port American families. This is a to conduct operations within our bor- caucus lunch, which will instead be
unique challenge—a unique challenge. ders, to recruit assets and agents conducted by conference call.
Unlike in any other tough cir- In my home State of New York alone,
among our population.
cumstances, our short-term goal is not there are nearly 1,000 confirmed cases.
These threats will not wait around if
simply to bring economic activity The State is doing everything in its
the United States delays restocking
right back to normal starting tomor- power to treat those afflicted, to pre-
our toolbox, so the Senate should not
pare for future cases, and to limit the
row. Instead, our task is to secure the wait to act. I sincerely hope that even
spread of the virus. Residents in the
historically strong foundation of our our colleagues who may wish to vote
tristate area—New York, New Jersey,
Nation’s economy and support Ameri- against the House bill will not make us
and Connecticut—are now under new
cans during this period when public prolong this brief lapse in authorities
restrictions on gatherings at bars, res-
health may require that some normal and that we will be able to get these
taurants, and other public places.
activities simply be scaled back. tools back online this week. I urge everyone to stay safe and to
I have spoken with countless col- f listen to the advice of public health ex-
leagues and committee chairmen over perts. Practice good hygiene, follow
the last several days. We agree there RESERVATION OF LEADER TIME
the recommendations issued by State
are three major areas where the Senate The PRESIDING OFFICER. Under and Federal governments about public
must continue to develop bold and bi- the previous order, the leadership time gatherings, and please—please—stay
partisan action: is reserved. home if you feel sick.
No. 1, we will need to take further As these important safeguards go
steps to assist individual Americans f
into effect, there will be economic con-
and families with financial challenges CONCLUSION OF MORNING sequences. Businesses will face short-
in the weeks and months ahead. BUSINESS falls. Employees will not be able to
No. 2, we will need to further signifi- work. Families will bear the responsi-
The PRESIDING OFFICER. Morning
cant actions to secure our Nation’s bility of childcare as school closures
business is closed.
economy—particularly Main Street mount. For millions of families who
small businesses—and safeguard our f
live paycheck to paycheck, for parents
historically strong economic founda- LEGISLATIVE SESSION who have to choose between keeping
tion through this period. their jobs or taking care of their kids,
No. 3, we will need further steps to and for so many others—the small
ready our healthcare system and sup- USA FREEDOM REAUTHORIZATION business owner who has no liquidity
port our Nation’s medical profes- ACT OF 2020—MOTION TO PROCEED even though it was a healthy business
sionals. a few weeks ago—these are all very,
The Senate majority is already work- The PRESIDING OFFICER. Under
the previous order, the Senate will pro- very difficult times. The Congress and
ing toward next steps on all three of the Federal Government as a whole
those fronts. I hope further bold action ceed to consideration of the motion to
proceed to H.R. 6172, which the clerk must take steps immediately to pro-
can be just as bipartisan and collabo- vide relief to those American workers,
rative as the process by which we will report.
The legislative clerk read as follows: families, and businesses.
passed the first set of additional funds. Last Friday, the House of Represent-
We must work with each other in the Motion to proceed to Calendar No. 440, atives passed legislation to provide for
bipartisan spirit this moment de- H.R. 6172, a bill to amend the Foreign Intel-
ligence Surveillance Act of 1978 to prohibit
free coronavirus testing, extensions of
mands—and with the administration paid sick leave, food assistance for
the production of certain business records,
and the House—to deliver results for and for other purposes. schoolkids and the elderly, and assist-
our country. ance to States overburdened by Med-
Mr. MCCONNELL. I suggest the ab-
f icaid costs and expanded unemploy-
sence of a quorum.
ment insurance. The Senate should
USA FREEDOM REAUTHORIZATION The PRESIDING OFFICER. The
take up this bill and pass it imme-
ACT OF 2020 clerk will call the roll.
diately by consent—today. We cannot
Mr. MCCONNELL. Now, Mr. Presi- The legislative clerk proceeded to
wait.
dent, on one other important matter, call the roll. It was my preference to keep the
late last night, several critical authori- Mr. SCHUMER. Mr. President, I ask Senate in session over the weekend so
ties that law enforcement uses to keep unanimous consent that the order for that we could have passed this bill al-
Americans safe lapsed into expiration. the quorum call be rescinded. ready, but Leader MCCONNELL—regret-
Barring Senate action, these important The PRESIDING OFFICER. Without tably and almost inexplicably—decided
tools, which help protect the homeland objection, it is so ordered. to send everyone home and then call
from terrorists and counter foreign in- CORONAVIRUS them back today. Many Members on
telligence activities on U.S. soil, will Mr. SCHUMER. Mr. President, first my side of the aisle were extremely
remain offline. let me thank the staff who are here upset by Leader MCCONNELL’s decision.
Fortunately, in the weeks leading up today under these difficult cir- There should be no further delay in
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to this deadline, the Attorney General cumstances—here at the desk, the Ser- passage of this legislation because,
engaged in extensive bipartisan talks geant at Arms, the doorkeepers, the surely, we must move on to other nec-
with Members of the House—of both police officers, and the many others essary measures to address the
parties—to try to reach a solution. The who are here today. We thank them, as coronavirus and its widening impact on
resulting legislation, which the House always. They are the unsung heroes of the medical, economic, and social fab-
passed last week by large margins the Senate. ric of this country.
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March 16, 2020 CONGRESSIONAL RECORD — SENATE S1749
Testing capacity and public health Leaders in public office, from the taking lives. Our mission is to stop the
infrastructure like hospital beds, President of the United States on spread, protect the vulnerable, and ul-
masks, ventilators, and more remain a down, must communicate clearly and timately prevent future outbreaks.
very urgent priority. Economic assist- honestly and set aside politics on be- Every blocked transmission is a vic-
ance for working families and small half of the public good. Leaders in Con- tory.
businesses must continue to be a focus gress must work together and with un- Our frontline defenders are our doc-
of our efforts, as well as broader mac- common speed to respond to a set of tors, our nurses, our first responders.
roeconomic policies. Families will be national challenges unlike any we have Our National Guard is rightfully being
without salaries, small businesses faced in the recent past. Public health called in to support these actions. To
without liquidity, and they will need officials and researchers and doctors on defeat this enemy, though, we need far
help immediately. the frontlines must continue to do the more support. Mothers and fathers,
As early as tomorrow, I will present difficult and noble work they are now sons and daughters, and all caregivers
a series of proposals to congressional engaged in. We are all in their debt for are going to be essential in limiting
appropriators that Senate Democrats their courage, their dedication, their the spread of this virus. We need them
believe should be part of the next bill duty. added to the frontlines today—all of
to address the coronavirus. In con- The American people must hunker them.
sultation with the ranking members of down and follow the guidance of ex- The House passed a bill last week
the committees of jurisdiction, we are perts until the cloud of this disease has that takes a first step in beginning to
proposing an immediate and initial in- passed. And it will pass. But until skies address these needs. It provides manda-
fusion of at least $750 billion to wage tory emergency sick days and up to 3
clear, we must all pull in the same di-
war against COVID–19 and the eco- months of coronavirus-related paid
rection and do what is necessary to en-
nomic crisis it is now causing. The pro- leave for some workers. This puts us
sure the health, safety, and security of
posal will get money directly into the closer to helping those on the
the American people—today and in the
hands of the American people and, frontlines of this crisis so they no
among other priorities, include Federal weeks and months to come.
I yield the floor. longer have to face the impossible
funding to address hospital and treat-
I suggest the absence of a quorum. choice of whether to stay home to care
ment capacity issues; expand unem-
The PRESIDING OFFICER. The for themselves, for a child who is home
ployment insurance and increase Med-
clerk will call the roll. from school, for a loved one who is
icaid funding; ensure that everyone can
The legislative clerk proceeded to sick, or to risk public health to put
afford treatment for coronavirus; pro-
call the roll. food on the table for their families.
vide immediate loan payment forbear- Mrs. GILLIBRAND. Mr. President, I Unfortunately, the bill falls short.
ance for all Federal loans—student
ask unanimous consent that the order First, over half of the private sector
loans, mortgages, small business loans,
for the quorum call be rescinded. workforce was left out of the paid sick
and others—and moratoriums on evic- The PRESIDING OFFICER. Without and family leave provisions. Let me
tions and foreclosures; deliver imme-
objection, it is so ordered. say that again. Of the over 100 million
diate help to small businesses; fund Mrs. GILLIBRAND. Mr. President, private sector workers in this country,
emergency childcare, especially for right now, across New York State, the over half will not be helped by this bill.
healthcare workers and first respond-
country, and the world, we are facing a Companies with more than 500 workers
ers; help schools with remote learning;
crisis not seen in a century. It risks are not required to provide any paid
provide assistance to keep public trans-
the health of our families and the sick leave, and the administration can
portation running; address public
health of our fellow Americans as well give exemptions to companies with
health and economic needs in Indian
as our economic present and future. We fewer than 50 employees. Taken to-
Country; and utilize the Defense De-
are at the edge of a precipice, and lives gether, this could amount to exemp-
partment to provide personnel, equip-
are on the line. It poses a deep chal- tions for about 75 percent of workers.
ment, supplies, and critical response
lenge to our collective psyche. How do Worse, it fails to take care of many of
capabilities to support the nationwide
we defend against such an over- those who are most at risk—low-wage
response.
There will be other proposals that whelming danger? How do we overcome workers. These are the workers who
will be needed, and we will talk about our fear? are the least able to afford to take a
these as well, but, in sum, we need big, If you are a person who looks to his- day off, let alone weeks to self-quar-
bold, immediate Federal action to deal tory, you may turn to great leaders of antine.
with the crisis. The kinds of targeted the past. If you are a veteran or serv- In order to fight this crisis, we must
measures we are putting together will ing in our military today, you might slow the spread of this virus and ulti-
mainline money into the economy and look to your training. We are at war mately stop its transmission. We must
directly into the hands of families who with this invisible threat. How do we provide paid sick days and paid family
need it most. create the right strategy, tactics, and and medical leave to every American
Importantly, this proposal will en- assault plans? worker now. There can be no excep-
sure that our medical professionals If you are a person of faith, you tions or carve-outs, especially not for
have the resources—including physical might turn to scripture. The book of the wealthiest companies in the world.
space and equipment—they need to Ephesians tells us how to fight against For those who say this can’t be done,
provide treatment and keep Americans such fears: ‘‘Put on the full armor of they could not be more wrong. We
safe. Our proposal does not include God, so that when the day of evil should never send Armed Forces into
every possible measure, nor must it. comes, you may be able to stand your battle without a plan, the right equip-
There will be multiple legislative vehi- ground.’’ It calls us to take up our ment, and the resources they need to
cles to respond to the coronavirus. But ‘‘shield of faith,’’ to wear our ‘‘belt of win. If we don’t equip all of our front-
in the near term, our proposal takes a truth,’’ and to stand firmly with our line defenders, including our parents
comprehensive approach to dealing feet ‘‘fitted with the readiness that and caregivers, we will fail to limit
with the issues that workers, families, comes from the gospel of peace.’’ this spread.
and the health of America face today. Regardless of where your inspiration Second, it is clear that, in a matter
I strongly urge my House and Senate comes from, in times like these, we are of days, most public school children in
colleagues on both sides of the aisle to afraid, and we need to be brave. We America will be out of school. The
review our proposal and incorporate need to be selfless, and we need to be stress this puts on working parents is
our ideas into the next bill we will con- courageous. We have to look inward to truly hard to articulate with or with-
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sider here in Congress. Now, the road find our inner strength, our resilience. out there being guaranteed paid leave.
ahead will be difficult. The disease will We have to use our God-given common Many low-income children rely on
continue to spread and test our capac- sense, and we need to fight—fight far school meals for the best meal of the
ity—as a Congress and as a country—to harder than we could ever imagine. day. A school lunch can often make the
respond with the necessary urgency, Our enemy is clear—a novel difference between being healthy and
foresight, and cooperation. coronavirus that is at our doorstep and being malnourished. Therefore, we need
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S1750 CONGRESSIONAL RECORD — SENATE March 16, 2020
a surge in food stamps, food distribu- the impeachment trial, where I read gent hour is approaching, especially at
tion, and emergency meal delivery pro- news, oftentimes from East Asian our hospitals and our nursing homes
grams. sources, about a viral pneumonia from and other healthcare facilities, when
Third, we need a surge of testing. an unknown virus emerging from cen- our young men and women in uniform
Without this critical information, we tral China. From those earliest days, I could be called upon to support our
cannot reopen schools or businesses. To began calling for drastic measures to great doctors and our nurses to provide
ensure universal free testing, we must prevent this virus from reaching our additional capacity to treat patients,
authorize testing by all labs and hos- shores and to prepare for its potential not just with this coronavirus but with
pitals and remove burdensome restric- arrival. I cannot claim any special ex- other urgent needs as well. That plan-
tions. pertise. I am not a doctor. I am not a ning is in its infancy. It needs to accel-
From the start of this crisis, public scientist. I am not an epidemiologist. erate immediately.
health officials have uniformly high- But I could tell from the very begin- Again, I know these are extraor-
lighted the importance of there being ning that the Chinese Communist dinary measures, and they will impose
widely available testing and have de- Party was lying about everything re- hardship and pain and dislocation, but
cried our lack of it. As we have more lated to this virus, and that we had to the faster we arrest the spread of this
fully grasped the magnitude of this cri- be prepared for the worst. virus, the faster things can get back to
sis, States have developed their own That is why in January I called for a normal and our economy will heal. We
tests, and their labs and hospitals are travel ban from mainland China. That will protect ourselves, and we will pro-
ready to conduct them. However, the is why in February I began to call for tect our well-being.
approval process is still lagging. We crash approvals of laboratory-devel- In the meantime, this Congress will
are testing below our capacity because oped testing kits or the use of the kind be called upon for some pretty drastic
the FDA and CDC have yet to approve of testing kits the World Health Orga- measures, as well, to ensure that all
testing methods. nization approved or that South Korea those persons affected by steps taken
This is not the time to let redtape has been using. That is why I urged a on this day and the steps I am calling
stand in our way. The administration Manhattan Project level of investment for can make ends meet, can put food
must authorize States to utilize their in rapid testing and approval for thera- on the table, and keep a roof over their
own testing methods in their own fa- head and pay their bills.
peutic products and vaccines.
cilities in order to try to keep up with That travel ban and some other The House, over the weekend, passed
the spread of this virus. Again, fighting measures taken has bought us some a bill that has many important provi-
a war without facts on the ground, time, but our hour of great national sions that I support and I suspect will
without critical intelligence, cannot testing has arrived. The moment of de- pass unanimously from this Chamber:
prevail. We need this information—yes- cision is upon us. The time has come free virus testing; provisions for school
terday. for extraordinary measures. lunches for those whose schools have
Fourth, I support Governor Cuomo’s Look at what has happened to Italy closed, like the children all across Ar-
call to deploy the Army Corps of Engi- just over the last 2 weeks. Two weeks kansas; liability protection for the
neers to build temporary medical fa- ago, Italians were enjoying early manufacturers of respirator masks,
cilities so that when hospitals are over- spring weather, sipping coffee and wine which need it so we can get millions of
whelmed, we can move people into in restaurants and bars—just 2 weeks more masks out to doctors and nurses.
those temporary facilities. The Federal ago. Today, elderly Italians are being But the House bill doesn’t go far
Government must work aggressively to denied care and instead administered enough, and it doesn’t go fast enough.
help our States increase hospital ca- last rites because their healthcare sys- The centerpiece of the House bill pro-
pacity. tem is totally overloaded. It is time to viding aid to affected workers is a new
Finally—and I can’t emphasize this kind of tax credit for paid sick leave.
take extraordinary measures to avoid
enough—every future policy that we Unfortunately, that is wrongheaded on
that fate. What seems extreme today
debate here must put families and both counts. First, a tax credit—even a
will seem obvious tomorrow.
workers first—no half measures. These Here are a few of the measures whose refundable one, even one on which you
are the people on the frontlines of this time has come, regrettably. First, we can get an advance from the IRS—will
crisis. They deserve our unwavering need to stop all nonessential business not do much good if a business has no
support. Just like we give the troops activity in this country. You can call revenue whatsoever. Imagine all those
the resources they need, we have to it a shutdown. You can call it quar- restaurants, all those bars, all those
have the same war footing today. antine. You can call it curfew. You can gyms that are going to come to a
The very next piece of legislation be-
call it whatever you want, but no one screeching halt today or tomorrow.
fore this Chamber must extend full-
should be going to work in this country They will have no cash to pay their dis-
paid sick and family leave to every
unless they are involved in essential located workers. They will not be send-
American worker. It must deal with
activities—groceries, pharmacies, de- ing anything to the Treasury every 3
the strain caused by the shuttering of
livering goods to those places, elec- days in the form of payroll taxes, from
our public schools, and it must in-
tricity, water, sanitation, public safe- which they can get an advance. They
crease our testing capacity and build
ty. Anything else poses too great a risk will have nothing. They will go bank-
more capacity for urgently needed
to public health. rupt if we force them to advance sick
care. We must pass it without further
Second, it is time for nonessential leave with no revenue whatsoever.
delay. Anything less will be a failure of But, also, it doesn’t go far enough on
government services to shut down, as
government in this time of need. Any- the sick leave front. That is a mis-
well, at the Federal, State, and local
thing less is defeat before the battle guided category error. Yes, we should
levels. Anyone who is involved in try-
has even begun. This is how we fight. take care of those who are sick with
ing to arrest the spread of this virus or
Every person we protect is a victory. this virus. But there are so many oth-
to mitigate its economic impact or
This is our shared duty. ers, as well—those who are quarantined
provide other essential services, like
God bless America.
I suggest the absence of a quorum. food aid to the needy or care for other but are not sick, as some of those in
The PRESIDING OFFICER (Ms. kinds of patients in a VA hospital, the Senate have done; those whose
ERNST). The clerk will call the roll. must come to work, and we must be businesses are shuttered but are per-
The bill clerk proceeded to call the prepared to work extremely long hours. fectly healthy, if they work in a bar or
roll. But anyone else in government at any restaurant or theater or gym; those
Mr. COTTON. Madam President, I level should be telecommuting, if they who have children whose schools have
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ask unanimous consent that the order can, and staying home, in any case. closed and have no means to provide
for the quorum call be rescinded. Third, it is time for our military to for childcare so they can get to work.
The PRESIDING OFFICER. Without prepare to provide advanced support of They all have bills to pay as well. They
objection, it is so ordered. civilian authorities. This is a mission all have mouths to feed. So the House
Mr. COTTON. Madam President, I sat the military long plans for. They are approach simply doesn’t go far enough
at this very desk 2 months ago during rarely called upon to do so, but an ur- or fast enough to create a complicated
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March 16, 2020 CONGRESSIONAL RECORD — SENATE S1751
new system that doesn’t cover enough shorter these times will last. We will contain and defeat this public health
of America’s workers and families. stop the spread of this virus; we will crisis. It means employees won’t have
So I would suggest a better approach. get our people back to work; our mar- to choose between going to work when
We simply need to use existing systems kets will come back; and we will be they are sick and potentially spreading
to get cash in the hands of workers and stronger on the back end of this crisis the virus and missing a paycheck. This
their families as quickly as possible. than we were coming into it. bill also makes important changes to
One approach is instant tax refunds or Nothing I have said here is a Repub- the unemployment insurance program
rebates—call them what you will—to lican idea or Democratic idea. I don’t to help those that lose their job during
anyone who filed taxes last year, espe- have partisan objections to what the this crisis. I hope, as Congress con-
cially those in the lower tax brackets, House has proposed. I simply want to siders further steps to help address this
who are most likely to struggle to make sure that the action we take will crisis, we further support the small
make ends meet if they are not bring- work and will get relief to all of those businesses that are supporting these
ing home a paycheck. That can be done displaced workers and their families in employees and are the backbone of our
almost instantly. a timely fashion, when they need it, to local economies.
A second approach is to use existing put food on the table and keep a roof The Families First Coronavirus Re-
social welfare agency programs to get over their kids’ heads and pay for med- sponse Act would inject $500 million
cash out the door and into the hands of icine and make car payments. That is into the Special Supplemental Nutri-
displaced workers and their families. why the Senate is here today. That tion Program for Women, Infants and
Take unemployment insurance, for in- should be our focus in the days ahead, Children (WIC) and contains legislative
stance. The whole point of unemploy- and that is something we can accom- changes to free up funding to help chil-
ment insurance is to get checks quick- plish together this week. dren who would go without breakfast
ly in the hands of those who need it. I yield the floor. or lunch if their schools closed. It
I consulted this weekend with our I suggest the absence of a quorum. would provide $400 million for the
State officials. I consulted today with The PRESIDING OFFICER. The Emergency Food Assistance Program
Federal officials. We don’t have to re- clerk will call the roll. to ensure that food banks have the re-
design the unemployment system. We The senior assistant legislative clerk sources they need to serve their com-
don’t have to set new parameters and proceeded to call the roll. munities and provide $250 million for
criteria in 50 different information Mr. LEAHY. Madam President, I ask senior nutrition programs. These are
technology systems in our States. All unanimous consent that the order for common sense proposals to help fami-
we simply do is treat someone who is the quorum call be rescinded. lies where they are in their commu-
sick with this virus or quarantined be- The PRESIDING OFFICER. Without nities.
cause of potential exposure or who is objection, it is so ordered. Importantly, this bill will provide $1
furloughed from a job or who is caring Mr. LEAHY. Madam President, fami- billion to help cover the cost of testing
for a child as if they were unemployed. lies across the country are facing an for people who are uninsured. This
The cash stipend may not be their unprecedented challenge, and we must virus does not discriminate between
full wage, but it will be enough, and it act, and act now, on solutions that put the rich or the poor, or between those
will be in their hands immediately so families and the American people first. who have insurance and those who do
they can feed their kids and so they The Families First Coronavirus Re- not. Our approach to address this crisis
can pay their bills. That can be done sponse Act takes a substantial step to- cannot discriminate either. Nothing
right now—immediately. We don’t have ward providing the relief and assurance can help our country make up the
to use employers and tax credits as a communities need as we face this pub- ground we have lost because of the
middleman or a conduit. lic health crisis. failed policies and poor execution of
Third, we have to think about all Families should not be forced to this administration of testing for the
those businesses that are essentially choose between a paycheck and their coronavirus. Because of the delays in
going into a self-protective shutdown— own health and safety, or the health getting the tests to State and local
all those restaurants and bars and and safety of their community. A res- governments where they are needed, we
gyms and theaters and I suspect many taurant worker in Vermont cannot af- do not fully understand the scope or
more in the days ahead. They are not ford to stay home from work for sev- spread of this disease in our country.
making payroll. They are probably cut- eral days or several weeks and still af- We cannot compound these mistakes
ting supplies. They still have other ford to pay her rent or feed her family, by denying the coronavirus test to
debts to pay, though. We should help but staying home is exactly what we those who can least afford it. Cost can-
them get through this short period of are asking waitresses, store clerks, gas not be a barrier to seeking medical
testing, whether with loans or loan station attendants, hourly workers, treatment during a public health crisis.
guarantees or grants—what have you. and many other employees to do. To This bill is not perfect. As currently
We have to remember, though, that contain this virus, we must address drafted, the paid sick leave benefits
when small businesses and medium- this reality. and Family Medical Leave Act polices
sized businesses run out of cash, they Today, I am strongly urging Repub- extend only to companies with 500 em-
go into chapter 7 bankruptcy. They liq- licans and Democrats to drop their la- ployees or fewer. That leaves many
uidate. Those jobs don’t come back. bels and support this emergency relief workers in this country without these
When giant businesses have a cash package, and pass it now. The Amer- important protections. I understand
crunch, they go into chapter 11. Sure, ican people need leadership, not polit- this was the price of securing White
the owners may change, but they come ical battles. The Families First House support for this bill. I would like
back into business. Coronavirus Response Act creates two the White House to explain why it
Those are just a few of the steps we weeks of emergency paid sick leave so thinks hourly workers at Target,
have to take to mitigate the economic that people who work for small busi- Walmart, or McDonald’s are less de-
harm this virus is inflicting on our peo- nesses are able to stay home from work serving of these protections. If we had
ple and to ensure that no one, not a if they are sick or must quarantine due the luxury of time, I would join other
single person in this country, has any to coronavirus. It creates up to 12 Senate Democrats in offering an
financial incentive to go to work when weeks of job protection under the Fam- amendment to close this gap, but we do
they are sick or when they even may ily and Medical Leave Act, and allows not have that luxury. This bill was a
be feeling sick or to go out to try to an employee to stay home for a longer product of compromise, and any change
find another job because their work- period of time to recover from illness, risks a threat of delay at a time when
dlhill on DSKBBY8HB2PROD with SENATE
place is shut down and they can’t get or take care of a sick family member, delay is our greatest enemy.
any support from the government. or care for a child who must be at To my friends across the aisle who
Again, I know these are extraor- home because of school and daycare also want changes in this bill, I urge
dinary measures, but these are also ex- closures. These are commonsense solu- you to stand down. We need to pass
traordinary times, and the faster we tions. Not only is it the right thing to this bill today, without delay. We do
act, the more aggressively we act, the do, it is a critical step if we want to not have time for a lengthy debate.
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S1752 CONGRESSIONAL RECORD — SENATE March 16, 2020
The American people are looking to us of the expiring FISA authorities to the President of the United States were
for leadership and swift action; let’s give us an opportunity to both review not themselves one of these expiring
provide it. and improve the House bill with a lim- provisions, we note the law itself as a
This bill is the first step toward ited number of amendments. Critically, whole is subject to abuse and that at
meeting American families where they this will give us time to take up this moments like these, when these provi-
are as they confront this crisis. In my issue after the Senate responds to the sions are expiring, it is appropriate for
more than 40 years in the United coronavirus. us to take a broader look at the overall
States Senate, few moments have de- I am particularly thankful to Sen- legal framework in which FISA oper-
manded our bipartisan leadership more ator LEE, who has tirelessly worked to ates and to bring about reforms.
than this crisis. We must provide the reform surveillance authorities since I came to the floor on Thursday, and
protections in this bill—paid sick he came to the Senate. With today’s I asked that we simply reauthorize
leave, unemployment insurance, nutri- agreement, we will have the next 2 these three expiring provisions for a
tion assistance, and affordable testing months to build consensus around im- period of a few weeks—that we reau-
for the American people—and we must portant reforms, and I hope all of you thorize them cleanly and without any
do it now. will join us in this effort. That is what modification to give us a few weeks to
I this time of uncertainty, concern, the Senate did when confronted with deal with the immediate crisis sur-
and fear, I want to remind my fellow abuses documented by the Church rounding the coronavirus. I asked that,
Vermonters and all Americans: We are Committee, and that is what the Sen- at the end of that period, we proceed
all in this together. We can be smart ate must do now. with the understanding that the Sen-
about how we conduct our lives, while I suggest the absence of a quorum. ate be allowed to vote on a small hand-
being good neighbors. We can support The PRESIDING OFFICER. The ful of amendments—proposed reforms—
our communities, our first responders, clerk will call the roll. to FISA.
healthcare workers, store clerks, and The legislative clerk proceeded to This, unfortunately, drew an objec-
shelf stockers, and all those providing call the roll. tion, resulting in the expiration of
essential services. I am confident that Mr. LEE. Mr. President, I ask unani- these three provisions over the week-
our country will emerge from this cri- mous consent that the order for the end. This was unnecessary. As I point-
sis stronger than we were before, as we quorum call be rescinded. ed out at the time, I and my bipartisan
always have. I strongly encourage Re- The PRESIDING OFFICER. Without group of colleagues, who have been
publicans and Democrats to support objection, it is so ordered. concerned about these and other for-
this bill. Mr. LEE. Mr. President, I ask unani- eign intelligence surveillance provi-
I see nobody else seeking recognition. mous consent to receive permission to sions, didn’t necessarily want it to ex-
I suggest the absence of a quorum. complete my remarks before any vote pire. In fact, we believed that this was
The PRESIDING OFFICER (Mr. is conducted. an unnecessary step. It was unneces-
BOOZMAN). Without objection, it is so The PRESIDING OFFICER. Without sary to allow the law to go through the
ordered. objection, it is so ordered. uncertainty of an expiration without
The clerk will call the roll. Mr. LEE. Mr. President, I came to
having something to put in its place.
The senior assistant legislative clerk the floor several days ago in connec-
proceeded to call the roll. We could have and would have and
tion with the expiring national secu-
Mr. LEAHY. Mr. President, I ask should have done it differently. Fortu-
rity provisions. We have three provi-
unanimous consent that the order for nately, we were able to reach a deal—
sions of our national security system
the quorum call be rescinded. a deal that is still unfolding but a deal
of laws that are set to expire and have
The PRESIDING OFFICER. Without that is about to be announced on the
been set to expire for a long time. In
objection, it is so ordered. Senate floor, whereby we will be ex-
fact, they expired yesterday, the 15th
tending for a few weeks these three ex-
H.R. 6172 of March.
Mr. LEAHY. Mr. President, I entered We have known that this was going piring provisions, and, at the end of
the Senate in the wake of Watergate in to happen for a long time. When the that time, we will be able to vote on a
1975. The very first vote I cast was in USA FREEDOM Act was passed in small handful of provisions, amend-
favor of creating the Select Committee 2015—a bill that I authored, along with ments to the Foreign Intelligence Sur-
to Study Government Operations with my distinguished friend and colleague veillance Act framework.
Respect to Intelligence Activities and Senator LEAHY from Vermont—we This is necessary. We ought not wait
the Rights of Americans—that is, the knew those three provisions known as until the President of the United
Church Committee. Through that Com- lone wolf, 215, and roving wire taps States himself becomes a victim of
mittee’s work, the American public would expire at the end of 2019. this. When he has been a victim, we
soon learned of years of abuses that We got to the end of 2019, and we should assume that there are other vic-
had occurred at the hands of the execu- found ourselves up against a spending tims—people whose rights have been
tive branch’s intelligence agencies. In cliff, and the Senate decided, with the invaded, violated as the law has been
response, the Senate passed sweeping concurrence of the House of Represent- abused. We know that to be the case.
reforms to rein in this overreach. atives and the President, that we For that reason, we have negotiated
Since then, more flaws and occa- should postpone until March 15 the ex- this agreement, whereby we will be
sional abuses have been documented piration of those three provisions that able to receive votes on amendments to
within our surveillance authorities, I just mentioned. improve and reform the Foreign Intel-
but the Senate rarely has had an op- I came to the floor on Thursday to ligence Surveillance Act.
portunity to debate and improve them. raise concerns that we needed to be I want to thank President Trump for
We did so in 2015, when Senator LEE able to amend and reform these provi- bringing this issue to the attention of
and I led the effort in the Senate to sions of the Foreign Intelligence Sur- the American people and for reminding
pass the USA FREEDOM Act. Senator veillance Act, or FISA, for a number of them of the importance of reforming
LEE and I strongly believe the Senate reasons. Among other reasons, I noted this law. I want to thank the lead co-
should do the same now. We should that the President of the United States sponsor of the legislation that I have
strengthen the amicus program, ensure found that his own rights as an Amer- filed in connection with this and of the
that all exculpatory information is ican citizen were abused, as this law amendments that we will be consid-
provided to the Foreign Intelligence was manipulated, was abused in an un- ering.
Surveillance Court, and make other holy alliance of partisan political in- PAT LEAHY from Vermont and I have
dlhill on DSKBBY8HB2PROD with SENATE
basic changes to better protect the terests against him. worked on FISA-related issues for basi-
civil liberties of all Americans. For that reason, the President of the cally the entirety of the 9 years I have
I am thankful that Majority Leader United States has, quite thankfully, spent in the U.S. Senate. I am grateful
MCCONNELL today has agreed to what made this point clear to the American to him for working with me on this.
Senator LEE and I requested last people. Even though the abuses that we I also want to point out that it
week—that we pass a short extension know of that occurred with respect to shouldn’t have to come to this. We
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March 16, 2020 CONGRESSIONAL RECORD — SENATE S1753
shouldn’t have to wait until the mo- Mr. MCCONNELL. Mr. President, I to be determined by the majority lead-
ment when we are on the eve of the ex- ask unanimous consent that the clo- er in consultation with the Democratic
piration of some important legislation ture motion with respect to the motion leader, the Senate proceed to the im-
and where we have to wait for the to proceed to H.R. 6172 be withdrawn. mediate consideration of H.R. 6172. I
President of the United States to weigh The PRESIDING OFFICER. Without further ask that there be 10 hours of
in and lean in and exercise as much objection, it is so ordered. debate, equally divided between the
leadership as he has to tell us that we The cloture motion was withdrawn. proponents and the opponents of the
ought to reconsider laws that we our- f bill, with an hour of debate under the
selves have enacted. From time to control of the sponsors of each amend-
PROVIDING A 77-DAY EXTENSION
time, laws require revision, review, and ment, or their designees, and with Sen-
OF CERTAIN AUTHORITIES FOR
reform. That always, necessarily, re- ators LEAHY and WYDEN controlling 1
FOREIGN INTELLIGENCE AND
quires amendments, and we ought to be hour each. I further ask that the only
INTERNATIONAL TERRORISM IN-
ready, able, and willing to vote on amendments in order be three amend-
VESTIGATIONS
amendments as necessary. ments to be proposed by the following
Finally, this has become all too Mr. MCCONNELL. Mr. President, I Senators or their designees: LEE, on
symptomatic of a Senate in which ask unanimous consent that the Sen- amicus reforms and exculpatory evi-
amendment votes, while once the ate proceed to the immediate consider- dence; PAUL, on rights of Americans;
norm, have now become the exception. ation of S. 3501, submitted earlier DAINES, on section 215 web browser/
This is unacceptable. It is not a par- today. search history data collection prohibi-
tisan issue. It is neither Republican The PRESIDING OFFICER. The tion; and three side-by-sides to be pro-
nor Democratic. It is neither liberal clerk will report the bill by title. posed by Senator MCCONNELL, or his
nor conservative. It is simply an Amer- The legislative clerk read as follows: designee, on the same topics, with all
ican issue. The American people, in- A bill (S. 3501) to provide a 77-day exten- amendments and the bill subject to a
sion of certain authorities for foreign intel- 60-affirmative vote threshold for pas-
cluding each of our constituents from
ligence and international terrorism inves-
each of the 50 States that we represent, sage; finally, that upon the use or
tigations, and for other purposes.
deserve and expect for us to be more yielding back of that time and upon
There being no objection, the Senate disposition of the amendments in the
than a rubberstamp.
We can’t justify our pattern of wait- proceeded to consider the bill. order listed, the bill, as amended, if
Mr. MCCONNELL. I ask that the bill
ing for legislation to come over from amended, be read a third time and the
be considered read a third time and the
the House of Representatives and then Senate vote on passage of the bill with
Senate vote on passage of the bill with
accepting the highly flawed propo- no intervening action or debate.
no intervening action or debate. The PRESIDING OFFICER. Without
sition that the House must have gotten
The PRESIDING OFFICER. Without objection, it is so ordered.
it right and we, therefore, must accept
objection, it is so ordered. The PRESIDING OFFICER. The Sen-
as a binary choice the entirety of what The bill was ordered to be engrossed
they have done, without considering or ator from Illinois.
for a third reading and was read the CORONAVIRUS
voting on amendments. This isn’t ac- third time.
ceptable. We can do better. I am en- Mr. DURBIN. Mr. President, we are
The PRESIDING OFFICER. The bill
couraged that in this instance we have at an extraordinary moment in our Na-
having been read the third time, the
chosen to do better. I hope and expect tion’s history. The President of the
question is, Shall the bill pass?
and will continue to demand that we United States has declared a national
The bill (S. 3501) was passed, as fol-
vote on more amendments and that emergency. One has to go back to the
lows:
this become the norm once again rath- early 1900s to the Spanish influenza to
S. 3501
er than the exception. find a similar public health threat to
Be it enacted by the Senate and House of Rep-
Finally, I am grateful that Senate the United States of America. We are
resentatives of the United States of America in
leadership—Republican and Demo- Congress assembled, in the midst of not just a threat in our
cratic alike—has chosen to allow us to SECTION 1. SEVENTY-SEVEN-DAY EXTENSION OF own country but a global coronavirus
consider amendments here. We are AUTHORITY TO ACCESS CERTAIN pandemic. There are more than 173,000
doing the right thing, and I look for- BUSINESS RECORDS FOR FOREIGN cases nationwide, and more than 7,300
INTELLIGENCE AND INTER-
ward to more of precisely this kind of NATIONAL TERRORISM INVESTIGA-
people have died.
activity, not just voting on amend- TIONS AND FOR ROVING SURVEIL- What you see today on the floor of
ments pivotal to FISA but also broader LANCE. the Senate is exactly the opposite of
issues. This isn’t just about FISA. This Section 102(b)(1) of the USA PATRIOT Im- what we are being advised as a nation
is about everything we do. The minute provement and Reauthorization Act of 2005 we need to do. What you see today on
(Public Law 109–177; 50 U.S.C. 1805 note) is the floor of the Senate are staff peo-
any of us ever hears an argument sug-
amended by striking ‘‘March 15, 2020’’ and in- ple—thank you for being here—protec-
gesting that we have to accept what- serting ‘‘May 30, 2020’’.
ever a handful of Senators or a com- tive forces outside the Chamber, and
SEC. 2. SEVENTY-SEVEN-DAY EXTENSION OF AU-
mittee or the other House of Congress THORITY FOR INDIVIDUAL TERROR- others who are invisible to those com-
has proposed and we ought to accept it ISTS TO BE TREATED AS AGENTS OF ing and going who are part of the ordi-
FOREIGN POWERS UNDER THE FOR- nary business of the Senate. You see,
or deny it—lock, stock, and barrel— EIGN INTELLIGENCE SURVEILLANCE
without amendments, that is almost ACT OF 1978.
we did today what the President has
always an injurious and a dangerous Section 6001(b)(1) of the Intelligence Re- told America we should not do, what
argument, one that runs contrary to form and Terrorism Prevention Act of 2004 medical experts have told us we should
the very purpose for which this body (Public Law 108–458; 50 U.S.C. 1801 note) is not do. We have taken unnecessary air-
exists. amended by striking ‘‘March 15, 2020’’ and in- line flights to come here to Wash-
I am grateful for this opportunity we serting ‘‘May 30, 2020’’. ington, DC. I was on a plane this morn-
SEC. 3. EFFECTIVE DATE. ing from Springfield, IL, to Chicago.
will have to vote on these amendments.
I yield the floor. This Act and the amendments made by There were six passengers on the plane.
this Act take effect on March 14, 2020. Most people are listening to the advice
I suggest the absence of a quorum.
The PRESIDING OFFICER. The Mr. MCCONNELL. Mr. President, I of the medical experts and avoiding un-
clerk will call the roll. ask unanimous consent that the mo- necessary travel.
The legislative clerk proceeded to tion to reconsider be considered made Unfortunately, we were required to
call the roll. and laid upon the table with no inter- come back today from across the
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Mr. MCCONNELL. Mr. President, I vening action or debate. United States. Some Members stayed
ask unanimous consent that the order The PRESIDING OFFICER. Without over the weekend because their homes
for the quorum call be rescinded. objection, it is so ordered. are too far away. Some decided to drive
The PRESIDING OFFICER. Without ORDER OF BUSINESS this morning just to be extremely safe.
objection, it is so ordered. Mr. MCCONNELL. Mr. President, I But the fact is, we were asked to take
The majority leader is recognized. ask unanimous consent that at a time unnecessary airline flights to come
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