Senate Pages on H.R. 6172, May 13, 2020 — Congressional Record
Summary
Congressional Record, Senate pages S2388 and S2389, May 13, 2020. Opening remarks discuss national security threats and the Foreign Intelligence Surveillance Act. Under the heading USA FREEDOM Reauthorization Act of 2020, the Senate proceeds to consideration of H.R. 6172, a bill to amend the Foreign Intelligence Surveillance Act of 1978 to prohibit the production of certain business records. Mr. Schumer's remarks include a Tribute to Hickey Freeman and statements on the House Democratic coronavirus bill and the release of CDC guidance. Amendment No. 1585, a substitute amendment, is agreed to after Mr. Gardner's unanimous consent request.
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“Senate Pages on H.R. 6172, May 13, 2020 — Congressional Record.”
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S2388 CONGRESSIONAL RECORD — SENATE May 13, 2020
also our job to keep sight of the other Senate passed a bipartisan short-term The senior assistant legislative clerk
threats to national security that are extension so these important tools read as follows:
still evolving, independent of COVID– could remain in our national security A bill (H.R. 6172) to amend the Foreign In-
19. professionals’ hands while Congress got telligence Surveillance Act of 1978 to pro-
Far from any frontline hospital, the our act together. Unfortunately, hibit the production of certain business
PRC’s domineering approach to con- Speaker PELOSI let that extension sit records, and for other purposes.
tested territories in the South China on her desk and gather dust. So, for Mr. MCCONNELL. I suggest the ab-
Sea is keeping the men and women of more than 8 weeks—8 weeks—these im- sence of a quorum.
the U.S. Seventh Fleet on high alert. portant tools have gone dark. The PRESIDING OFFICER. The
From dark corners of cyber space, Fortunately, the Attorney General clerk will call the roll.
Russia busies our national security and and Members of Congress have worked The senior assistant legislative clerk
intelligence experts with a steady flow together to craft a compromise solu- proceeded to call the roll.
of infectious propaganda and tion that will implement needed re- Mr. SCHUMER. Madam President, I
disinformation. forms while preserving the core na- ask unanimous consent that the order
From the Mediterranean to the Gulf tional security tools. These intense dis- for the quorum call be rescinded.
of Aden, Iran continues to expand its cussions produced a strong bill that The PRESIDING OFFICER. Without
regional influence, sow division, pro- balances the need for accountability objection, it is so ordered.
mote terror, and threaten America and with our solemn obligation to protect RECOGNITION OF THE MINORITY LEADER
its partners. our citizens and defend our homeland.
And across Afghanistan, the Taliban, The Democratic leader is recognized.
I understand several of our col- TRIBUTE TO HICKEY FREEMAN
al-Qaida, and ISIS continue to under-
leagues believe this compromise bill is Mr. SCHUMER. Madam President,
mine the work of an international coa-
not perfect. Sadly, imperfection is a first, as you know, when I speak on the
lition and a representative govern-
fact of life when it comes to com- floor, I remove my mask, but there is a
ment.
These are just a few of the global promise legislation. While I respect my special reason to keep this mask on
threats that were with us long before distinguished colleagues whose amend- today. This mask was made by Hickey
the COVID–19 crisis, and they have ments we will be voting on later today, Freeman, in Rochester, NY—by Amer-
only gotten worse during the pan- I urge Senators to vote against them. ican labor, union labor, by a grand and
demic. The current bill in its current form al- proud and generous company that has
History reminds us that when great ready strikes the correct and delicate been in Rochester for the last three
nations confront profound challenges balance, and there is certainly no guar- centuries—the 1800s, 1900s, and now the
at home, their enemies and competi- antee that another, new version of this 2000s. It is a wonderful company, and it
tors do not pause their own efforts legislation would necessarily pass the has kept good-paying jobs in America
until the situation becomes more sta- House or earn the President’s support. to make fine clothing. It started mak-
ble. Rather, from Beijing to Moscow, to This version has already done both. We ing the masks, and it has given them
caves in the Middle East, our adver- cannot let the perfect become the to a local hospital at cost.
saries would be tickled pink if the enemy of the good when key authori- So I salute Hickey Freeman. I salute
coronavirus caused the United States ties are currently sitting expired and the great trades men and women who
to lose our ability to multitask. unusable. work there. May they continue for
Some of our Democratic colleagues In sum, while the Senate continues hundreds of more years to provide jobs
have implied recently that it is be- overseeing the national response to the in Rochester and help when we need
neath the Senate—beneath the Sen- coronavirus crisis, we are also making help.
ate—to spend time on any business sure the pandemic does not inflict even
CORONAVIRUS
that does not exclusively pertain to the greater harm by distracting us from
pandemic. I could not disagree more other threats and challenges that pre- Madam President, yesterday, the
strongly. Common sense tells us that ceded it. House Democrats unveiled new legisla-
this crisis demands more vigilance on Off the floor, our committees are tion to combat the coronavirus pan-
the other fronts of national security, working through a number of pressing demic. The American people need their
not less. When we take our oaths of of- national security nominations, from government to act strongly, decisively,
fice as U.S. Senators, we swear to de- the Director of National Intelligence to wisely, and this new legislation is the
fend the Constitution against all en- the Secretary of the Navy, to other urgent and necessary response to what
emies, foreign and domestic. This high-level openings at the Pentagon. this crisis demands.
coronavirus may have shoved its way When the time comes, I hope we will be As any one of us could have guessed,
to the top of that list, but the list is able to fill these crucial openings the Republican leader is rather predict-
still a long one, indeed. promptly through bipartisan coopera- ably responding against the House
Unfortunately, for several weeks tion on the floor. I hope our Demo- Democratic bill to address the COVID
now, our Nation has been less prepared cratic colleagues think carefully before crisis. His response is predictable be-
than normal to defend ourselves applying reflexive partisan delays even cause, for weeks, Leader MCCONNELL
against those who wish us harm, and it to vital security positions during a has been preemptively slandering any
is not because of the coronavirus. It is global emergency. legislation that has come out of the
because House Democrats have failed We cannot put Homeland Security on House as being ‘‘a partisan wish list’’—
to act. autopilot because another crisis has long before he even saw the bill. It was
Back in March, the Senate passed a our attention. The Senate can, will, a paint-by-numbers response from the
clean short-term extension of key au- and must continue to pay attention to Republican leader. It continues to be.
thorities under the Foreign Intel- both. It didn’t matter what was in the bill.
ligence Surveillance Act, while a In his eyes, not in the eyes of almost
f
broader renegotiation was under way. every American, it was going to be a
After the shameful abuses of the FISA CONCLUSION OF MORNING far-left, partisan wish list.
process that marred the 2016 Presi- BUSINESS To fit the preordained narrative, last
dential campaign, there was a clear The PRESIDING OFFICER. Morning night, Senate Republicans were latch-
need for meaningful reforms to bring business is closed. ing onto provisions that account for
0.0003 percent of the total bill—0.0003
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more daylight and accountability into f
the process. But at the same time, percent. Talk about grasping at straws.
many of us on both sides of the aisle USA FREEDOM REAUTHORIZATION It is so predictable that the Republican
were absolutely intent on preserving ACT OF 2020 leader would oppose the bill before he
these critical national security tools The PRESIDING OFFICER. Under would see what was in it, and now that
that have helped keep America safe. the previous order, the Senate will pro- it is so necessary for so many Ameri-
While discussions were under way on ceed to the consideration of H.R. 6172, cans, it is predictable that the Repub-
how to strike the right balance, the which the clerk will report. licans are just saying no.
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May 13, 2020 CONGRESSIONAL RECORD — SENATE S2389
The Republican leader also called the Remember that our President said on sible. I know every Member of the Sen-
bill aspirational. The Republican lead- March 6, I think it was, that anyone ate wants that to happen as soon as it
er should know that it is not aspira- who wants a test can have a test. That possibly can. I certainly do. Yet mak-
tional when a family can’t feed its chil- is even not true today. Deluding the ing the wrong decisions about when,
dren; that it is not aspirational when American people and running from the where, and how fast to reopen could re-
Americans, for the first time, are wor- truth to say what pops into your head sult in the loss of precious lives that
ried about losing their homes and being so it sounds good to the media for that could be saved, and the recurrence of a
evicted from their apartments; that it moment, which seems to be the Presi- COVID second wave—God forbid—could
is not aspirational when Americans are dent’s MO, doesn’t help. It doesn’t help. be worse than the first.
facing a health crisis in which every Everyone knows, until this crisis is In order to make these decisions
one of us is afraid we might come down over and on into the future, we are widely, the country needs guidance
with a dangerous illness or spread it to going to need personal protective from the Nation’s best medical and sci-
a loved one. It is not aspirational. We equipment to begin safely returning to entific experts. These are literally
are talking about urgent and necessary work. As I mentioned, I wore this mask matters of life and of death, and that is
relief, but out of reflective, knee-jerk on the floor—a mask made in Roch- exactly why the CDC prepared this
partisanship, the Republican leadership ester by Hickey Freeman. The House guidance. Yet the White House has
in the Senate basically declared the bill includes crucial support for the blocked the release of the CDC guid-
House bill dead on arrival before it was supply chain and manufacturing of ance, reportedly so the President and
even announced. PPE. Should we wait on that? Is that his political appointees can make
It is a shocking and incomprehen- not urgent? Is ambulance workers and changes to it. As we all know, the
sible position to take at this moment healthcare workers not having the PPE President is not a doctor, and the
of national crisis. It would be one thing they need not urgent? Who believes President is not a scientist. Many don’t
for the Republican leadership to say: that? Does Leader MCCONNELL? Does even believe he is a stable genius like
Well, let’s sit down and negotiate, and he thinks he is. It has become painfully
President Trump? Do our Republican
let’s talk about where both parties can clear over the past 2 months how unfa-
colleagues?
come together to do something for the It is just baffling that at this time of, miliar he is with the disciplines of
Nation’s well-being at this time of ur- probably, the greatest crisis we have science and medicine. Anyone who
gent crisis. Yet it has taken the posi- faced in decades, both in health and would say drink bleach—use bleach—to
tion that there is absolutely no ur- economically, the Senate Republican protect yourself is not much of a med-
gency to do anything at all. leadership, instead of working with the ical expert. So it is difficult, if not im-
On Monday, here is what the Repub-
Democrats to find common ground on possible, to imagine any legitimate,
lican leader said. ‘‘Republicans,’’ he
these crucial issues, has decided it will constructive purpose in the desire by
said, ‘‘have yet to feel the urgency to
be against taking urgent and necessary the President or his staff to edit the
act immediately.’’ What will it take?
action to help the American people—in CDC’s work.
Are they so wrapped around the hard- I wish President Trump and his aides
right ideology that they can’t see the a time of national crisis—unless, of
course, that means there being liabil- could be trusted to tell the American
real needs of the American people? Is people the truth about this public
there no urgency with testing? Talk to ity protections for big corporations.
That seems to be their No. 1 concern. health crisis. I wish they could be
your local businesses. Talk to your
More than 30 million Americans are trusted not to engage in the political
local mayors. Talk to your Governors.
now unemployed, and more than 80,000 censorship of the medical and scientific
See if there is no urgency on testing. Is
Americans have died. Just how many judgments of our Nation’s foremost ex-
there no urgency to provide relief to
lost jobs, lost businesses, lost lives will perts, but at this point in the crisis,
renters and homeowners? no urgency
it take before Senate Republicans after all of the faults, after all of the
to prevent firefighters, police officers,
begin to feel the urgency? disinformation, after all of the trans-
and teachers from being laid off by
Madam President, on another mat- parent attempts at political spin, every
State and local governments whose
ter, last week, Americans learned that American knows full well that the
budgets are underwater in both blue
and red States? the Trump White House had blocked President and his staff simply cannot
I would like to know how many of the release of a document by the Cen- be trusted to tell the truth about the
my Republican colleagues actually op- ters for Disease Control and Prevention coronavirus.
pose providing the assurance to State that contained guidance for safely re- Just yesterday, the President
and local governments so teachers in opening up the country. According to claimed that COVID–19 cases are fall-
Iowa, firefighters in North Carolina, media reports, this guidance was pains- ing everywhere in America, but an-
and police officers in Kentucky don’t takingly prepared by the CDC to help other report that is also yet to be re-
get laid off. The support our States the country determine when and how it leased by the President’s own
need is in the House bill. It is very could begin easing social distancing coronavirus task force is said to show
close to what the Governors—Demo- without causing undo risk to public that its infection rates are spiking to
cratic and Republican—have asked for. health—the further spread of COVID, new heights in a number of large and
Leader MCCONNELL frequently high- the recurrence of a second wave, and small communities around the coun-
lights the heroism of our essential more infections and more deaths. try—places in Tennessee and Iowa,
workers, and I applaud him for that. The CDC guidance includes detailed Texas and Kentucky. The point is that
Yet why don’t we, in addition to giving information and flowcharts to help America needs and must have the can-
speeches on the floor, put a little guide States, local governments, busi- did guidance of our best scientists that
money in their pockets for the extra nesses, schools, churches, religious in- is unfiltered, unedited, and uncensored
expenses they are undergoing? Why stitutions, and individuals as they con- by President Trump or his political
isn’t there an urgency to provide them sider these very challenging questions. minions.
with hazard pay? That is in the House Businesses want to know how and when The CDC report on reopening the
bill. to open. Citizens want to know how country is an important piece of guid-
Leader MCCONNELL and President they should behave to protect them- ance, and the Senate should unani-
Trump have placed a great emphasis on selves, yet get the country open. The mously support the uncensored release
reopening the country as quickly as CDC guidance includes detailed infor- of that document. Therefore, I will now
mation and flowcharts to help. offer a very simple and brief unani-
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possible. That is something we all want
to see. So how do we achieve that safe- Now, a version of this document ap- mous consent request, and I hope all
ly? Far and away, the most important peared in the media, but we still don’t Senators will support it.
factor in reopening the economy is have the official document as com- UNANIMOUS CONSENT REQUEST—S. RES. 572
testing. We are far behind where we pleted by the CDC. Of course, all Amer- Madam President, I ask unanimous
should be, despite the President’s lies icans, regardless of where they live or consent the Senate proceed to the im-
and mistruths about testing. Fauci what parties they belong to, want to mediate consideration of S. Res. 572,
made that clear yesterday. get back to normal as quickly as pos- expressing the sense of the Senate that
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S2390 CONGRESSIONAL RECORD — SENATE May 13, 2020
the report of the Centers for Disease early and wide testing in the United U.S. testing exploded once the White
Control and Prevention, entitled States, caused by the CDC’s and FDA’s House’s efforts to increase testing and
‘‘Guidance for Implementing the Open- overly prescriptive stodginess, pro- fight off the regulatory bureaucrats
ing Up America Again Framework,’’ be longed the testing process in the early won out. The same thing will happen
released immediately. I further ask stages when it should have been expe- with reopening the economy, using the
that the resolution be agreed to and dited. The result has been one-size-fits- reopening guidance as a roadmap under
that the motions to reconsider be con- all, which we are contending with cur- the President’s leadership.
sidered made and laid upon the table rently. I object.
with no intervening action or debate. Thanks to the White House’s efforts The PRESIDING OFFICER. Objec-
The PRESIDING OFFICER. Is there to fight off the regulatory swamp at tion is heard.
objection? the CDC and its efforts to fix the test- The Democratic leader.
The Senator from Indiana. ing problems caused by regulators, we Mr. SCHUMER. Madam President,
Mr. BRAUN. Madam President, in re- now lead the world in testing. Yester- two quick points. My friend, who is my
serving the right to object, in my day, I submitted for the RECORD, from friend from Indiana, said the White
mind, the argument that the White that over 2-hour briefing with the House has always been transparent and
House and the task force have not been healthcare experts, that timeline re- believed in transparency. Does any
transparent is a faux argument by the ferred to. It happened from late Janu- American believe that? Does any Sen-
minority leader. He is really trying to ary through early March. ator believe that? Does my friend from
let career regulators at agencies like Senator SCHUMER wants to release Indiana actually believe that the White
the CDC bog down the economy again the CDC’s version of the reopening House has always been transparent?
with bureaucratic hurdles. I probably guidance, but the White House and sen- Second, he has said that America
know that as well as any Senator here ior health officials rejected the initial leads the world in testing. Does any
because, 12 years ago, I fought to re- CDC recommendations in that version independent scientist believe that? Is
form healthcare and its related agen- because the recommendations were there anyone who believes we are lead-
cies that bogged the system down—a overly proscriptive, infringed upon re- ing in testing; that we have done as
system that has given us healthcare ligious rights, and risked further dam- President Trump said—that we have
costs that are double that of any other aging the economy. Are we really going accomplished everything in testing?
across the country. We will get back to to let the CDC shutter the economy for Does anyone outside the White House
that, but 80 Senators on both sides of a second time, like it did with testing, and their acolytes believe that? I doubt
the aisle weighed in on that before the by its dictating overly proscriptive it.
coronavirus raised its ugly head. guidelines? President Trump’s deregu- I yield the floor.
The White House and the task force latory agenda has proven to be an im- The PRESIDING OFFICER. The ma-
have been beyond transparent in the mediate success because we have gone jority whip is recognized.
midst of this outbreak, indeed, in its from being initially mired in bureau- CORONAVIRUS
holding an unprecedented number of cratic hurdles to our leading the world Mr. THUNE. Madam President, so far
daily press briefings and in its allowing in testing and successfully flattening Congress has passed four coronavirus
for a free flow of information that has the curve and fighting the virus. relief bills that have provided $2.4 tril-
I spoke to a CEO of a pharmaceutical lion to meet the coronavirus crisis. Our
been central to the White House’s re-
company, which is headquartered in In- goal has been to provide a comprehen-
opening efforts. This is not about
diana, who said the very same thing. It
transparency, and the White House is sive response addressing not just the
was stymied from the get-go. It, among
always going to be in favor of trans- medical priorities but also the eco-
other pharmaceutical companies, has
parency. The President comes from a nomic impact this virus has had on so
put together an entrepreneurial effort
world of entrepreneurs, one in which many American families.
to tackle this. It is not going to be We have provided funding for
we embrace competition. This is about done by trying to tie its hands. It is
the minority leader’s trying to use the coronavirus testing, for medical care,
close to getting testing where it is
bureaucracy at the CDC to bog down for personal protective equipment for
going to work for all of us. I have a
the economy. frontline medical personnel, for vac-
business that three of my four kids
From this point forward, we have to cine and treatment development, for
run. We want to make sure we have
make sure that we adhere to every- veterans, for nutrition programs, for
testing to make sure that we can bring
thing the healthcare experts have told first responders, for unemployment
employees into a healthy environment
us, but we have to be able to do a cou- benefits, for elementary schools, high
and take care of customers. All busi-
ple of things at once, which means hav- schools, and colleges, for farmers and
nesses share that concern.
ing a smart restart to the economy. The minority leader and Democrats ranchers. The Coronavirus Aid Relief
The CDC and other health agencies do not want to reopen the economy be- and Economic Security Act, or the
were targets of the White House’s de- cause, I think, frankly, we had the best CARES Act, the third relief bill we
regulation efforts from day one, and one I have ever seen, in the 37 years I passed, provided nearly $350 billion for
they were the most challenging regu- was the CEO of a Main Street com- the Paycheck Protection Program to
latory agencies to rein in. The Demo- pany, that went from a little company help small businesses keep employees
crats and the bureaucrats, who are con- like the minority leader always talks on their payroll during this crisis.
tent with the status quo, have been about. We share that interest. I was When the program ran out of money,
blocking efforts to deregulate since disappointed when the PPP did come we provided another $310 billion to en-
President Trump took office. out that they weren’t helped first. We sure that as many small businesses as
How can we do that when decades got that fixed. Let’s stay focused on possible were able to take advantage of
have brought us to the point at which that. this help.
the healthcare system, in general, We keep moving the goalposts for re- The CARES Act also appropriated
doesn’t make sense to a mainstream opening. If we do that, we risk, in eco- $293 billion for direct payments to
entrepreneur like me, who has found nomic terms, what is called demand American citizens to help them get
that a different dynamic works? The and supply destruction, and there through this difficult time. At this
CDC, for example, was in the driver’s would not be enough Federal dollars to point, government agencies are focused
seat during the initial stages of the remedy that. on getting all of the aid we passed out
outbreak. Its missteps on testing the door. Some programs, such as the
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The White House proactively gave us
forced us to take a one-size-fits-all ap- the appropriate roadmap to get the Paycheck Protection Program, have
proach, which didn’t make sense to economy back on track. We should not been up and running practically since
many of us. leave something as important as re- day one. More than 4 million busi-
We could have handled this in a way opening the country to career regu- nesses have applied for or already re-
so as not to have now put us on the lators at the CDC, an agency that set ceived forgivable loans through the
precipice of there being an even greater back our response efforts due to their Paycheck Protection Program, ena-
calamity. The inability to conduct overly prescriptive approach. bling millions of workers to keep their
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May 13, 2020 CONGRESSIONAL RECORD — SENATE S2391
jobs. The vast majority of direct pay- ly needed. The way we find out what is Republicans are going to continue to
ments to American citizens, approxi- really needed is by carefully moni- do everything we can to help Ameri-
mately 130 million so far, have been toring the implementation of the $2.4 cans through this crisis. We are com-
sent out. Other aid is still in the proc- trillion that we have already provided, mitted to meeting the country’s needs
ess of getting out the door. not by rushing to provide trillions while spending taxpayer dollars respon-
The Department of Agriculture re- more before we know whether and sibly and with an eye to the burden we
cently announced it will use funds ap- where they are needed. Once the money are placing on younger workers and fu-
propriated in the CARES Act, plus we have already provided has been ture generations of Americans.
other money, to issue direct payments fully allocated, we will have a better We undoubtedly have more difficult
to farmers and ranchers affected by sense of where we may need to appro- days ahead, but our country is strong
this crisis. These payments are ex- priate additional funds and where we and so are the American people. We are
pected to reach farmers and ranchers have spent enough. going to get through this.
in late May or early June. It is also important to remember I yield the floor.
Over the course of four coronavirus that there are other things we can do The PRESIDING OFFICER. The
bills, we provided more than $500 bil- in Congress besides borrowing money Democratic whip is recognized.
lion to State and local governments. that younger generations will have to Mr. DURBIN. Madam President, I
That is equal to roughly 25 percent of pay. Yesterday, the leader came down came to the floor this morning to lis-
the yearly operating budgets of the 50 to the floor to talk about the liability ten to the statements made by the
States combined. That money includes protections the Republicans are pur- other side of the aisle in reaction to
at least $185 billion for unemployment suing for healthcare workers, busi- the proposal of Speaker PELOSI to deal
benefits, $150 billion for general relief nesses, and others on the frontline in with the coronavirus and the national
funds for States, localities, and Tribes; response to reopening. As the leader emergency we face.
$45 billion for the Disaster Relief Fund; noted, hundreds of coronavirus law- The Republican leader, Senator
nearly $26 billion for nutrition pro- suits have already been filed around MCCONNELL of Kentucky, as well as his
grams; $13 billion for school districts; the country, and these lawsuits rep- whip, repeated their theme on the issue
$4 billion to help the homeless; more resent a real threat to our economic re- of the liability facing businesses and
than $1 billion for first responders; and covery. Doctors and hospitals, for ex- others because of the COVID virus pan-
there is so much more. ample, are making extraordinary ef- demic which we are facing. In fact, the
On top of that, Congress directed the forts to protect patients and leader, Senator MCCONNELL, has gone
Federal Reserve to provide an addi- healthcare workers but are still reluc- so far as to declare that there is a ‘‘red-
tional $500 billion in loans to help tant to resume noncoronavirus-related line’’—his words, a ‘‘redline’’—to bar
States and municipalities manage medical care for fear of being sued if a any further assistance to State and
cashflow issues during the pandemic. A patient were somehow exposed to the local governments and other entities
lot of the money that we have provided disease in the process of receiving care. until we address this so-called liability
has already been sent to States while Businesses are worried that they can question. He has gone so far as to say
be held responsible if one of their em- that he will refuse to fund the money
some is still in the process of being dis-
ployees develops coronavirus, even if that has been proposed officially by the
bursed. Meanwhile, States are in the
the business took every reasonable pre- Democrats to help our police, fire-
process of figuring out how to spend
caution to discourage infection. fighters, paramedics, and teachers un-
the money they have received—some There is obviously a place for law-
they have spent and some they have less we provide guaranteed business
suits when individuals or businesses
not—which brings me to an important immunity from COVID–19 lawsuits—
engage in gross negligence or inten-
point. lawsuits that might be brought by
tional misconduct. We will not be giv-
My friends across the aisle are push- workers and consumers.
ing a free pass to anyone who fails in
ing for more money, more money, more Senator MCCONNELL’s guaranteed
their basic duties during this crisis,
money. Yesterday, the House of Rep- business immunity is an invitation,
but we need to make sure that medical
resentatives unveiled a $3 trillion sadly, for irresponsible corporations to
professionals and small businesses and
coronavirus relief bill—that is right, $3 cut corners when it comes to pro-
others can get back to running their
trillion. tecting workers as well as protecting
operations and employing Americans
But we haven’t yet seen the effects of their customers. The McConnell red-
without worrying that an army of trial
the money we have provided already. It lawyers is about to descend. line threat will result in more people
is difficult to understand how Demo- There are undoubtedly other things being infected by the coronavirus and
crats can call for an additional $3 tril- we can do to help Americans get back more people getting sick—exactly the
lion—all money borrowed, I might add, to work and deal with the effects of opposite of what we should be doing as
on the backs of younger workers and coronavirus without spending trillions a matter of policy.
our children and grandchildren—when of dollars, everything from regulatory We also heard today, both from Sen-
they haven’t even seen what existing reform to ensuring that frontline vol- ators MCCONNELL and THUNE, that
funds have been used for or whether unteers don’t face surprise tax bills. there is no urgency in continuing to
they have been used at all. That is not to say that we will not be provide assistance across America be-
Nobody is questioning—nobody is providing additional funding. In fact, it cause of the economic crisis that we
questioning that we may need addi- is likely that we will have to appro- face and certainly the public health
tional money to address this crisis. Re- priate more money for the coronavirus crisis we face. I couldn’t disagree more
publicans have stepped up and appro- response, but as I have already said, it on both counts—the McConnell redline
priated $2.4 trillion—roughly, 50 per- is absolutely essential—essential—that on guaranteeing business immunity as
cent of the entire Federal budget for we consider further investment care- well as the argument that we have
2020. That is an extraordinary amount fully and only spend money where it is done enough. Let’s sit back and wait
of money, but these are extraordinary truly needed. and see what happens. I couldn’t dis-
circumstances, and they call for an ex- My friends across the aisle tend to agree more.
traordinary response. But it is impor- think that government money and gov- Yesterday, we had a hearing before
tant to remember that every dollar of ernment programs are the solution lit- the Senate Judiciary Committee. Sen-
what we have appropriated for erally to every crisis. They are happy ator GRAHAM held the hearing and the
coronavirus is borrowed money, and to- title was ‘‘Examining the Liability
SSpencer on DSK126QN23PROD with SENATE
to throw taxpayer dollars around with-
day’s young workers and our children out thought to the consequences of fu- During the COVID–19 Pandemic.’’ That
and grandchildren are going to be pay- ture generations. Disturbingly, more hearing took place yesterday afternoon
ing for this borrowing. than one Democrat has indicated that after Senator MCCONNELL had come to
We are putting an incredible burden they would like to take advantage of the floor and had spoken about the
on younger generations. We have an this crisis to remake America in their concerns of businesses about lawsuits
absolute obligation to make sure that own far-left image. That is not a re- against them related to the COVID–19
we are only appropriating what is real- sponsible response. virus.
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S2392 CONGRESSIONAL RECORD — SENATE May 13, 2020
In fact, Senator MCCONNELL came to witnesses, I will be happy to concede, there, and that is the danger of that
the floor yesterday morning and char- was a person brought in by the Repub- workplace. The most dangerous work-
acterized the lawsuits that were being lican Senators. His name is Kevin place in America—meat processing.
filed and pending because of this pan- Smartt. Kevin is the chief executive of- There have been 162 deaths and 25,000 of
demic, and the words he used to char- ficer and president of Kwik Chek Food Marc Perrone’s workers who have been
acterize them were very explicit. He Stores out of Bonham, TX. He was infected so far with COVID–19.
called it an ‘‘epidemic of frivolous law- speaking on behalf of the National As- So, if you want to talk about a tidal
suits.’’ He referred to the ‘‘minefield’’ sociation of Convenience Stores. wave, we ought to take a look at what
created by these lawsuits. He went so He told the story of what he has done those workers in meat processing are
far as to call them a ‘‘tidal wave’’— with his businesses and outlets and 600 facing right now. Some companies are,
‘‘tidal wave,’’ his words on the floor of employees to make it safer for them. conscientiously, trying to do the right
the U.S. Senate when it came to these He has really gone, based on his testi- thing and make their workplace better
lawsuits related to COVID–19. mony, to great lengths to create a safe and safer and test their employees. I
So I went into this with my staff and workplace. But Listen to what Kevin salute all of them. There are good peo-
said: Tell me about this tidal wave of Smartt said about the problems he ple who are leading these businesses,
lawsuits. Here is what we discovered faces. and they are making good decisions,
about this so-called tidal wave of law- Here is his testimony: ‘‘This was a but they need the guidelines and stand-
suits. As of Monday, there are 958 challenge [mitigating the threat] be- ards of the CDC and OSHA. And the Re-
COVID-related cases that had been dis- cause the guidance provided by the publicans just objected to publishing
covered in a tracking database of law- CDC, [OSHA] as well as state and local those standards.
suits filed in the United States—958. governments often conflicted with one I want to tell you, there is a way
But then we took a closer look. another in addition to being vague and through this pandemic in a sensible
How many of these lawsuits were difficult to follow.’’ fashion that is fair to business and fair
malpractice suits being brought What he was looking for and stated to workers as well. This notion that
against hospitals, clinics, doctors, in his sworn testimony were guidelines giving guaranteed immunity to busi-
nurses, medical professionals? Nine. for a safe workplace, guidelines for a nesses across the board is the answer is
Nine lawsuits. There have been 1.3 mil- safe business place, and they don’t just plain wrong. Those businesses—
exist. One of the reasons came up ear- many of them—will take advantage of
lion Americans diagnosed as infected
lier this morning when Senator SCHU- that umbrella of protection from any
by the COVID–19 virus, and 9 lawsuits
MER came to the floor and said: We
lawsuits. They will cut corners. More
have been filed.
Senator MCCONNELL calls that a tidal want to see the CDC guidelines re- people will be infected, and there will
wave. A tidal wave? It is barely a rip- leased so businesses and individuals be more bad results.
Conscientious businesses like the one
ple. across America can see how to deal
represented yesterday on the Repub-
We added 27 other cases for personal with this threat in the workplace.
lican side in the Senate Judiciary Com-
injury. We are up to 36 cases out of 1.3 There was an objection on the Repub-
mittee deserve what Mr. Smartt is ask-
million Americans who have been diag- lican side of the aisle for the publica-
ing for—standards we can stand by and
nosed as infected—36 cases. That is not tion of these CDC guidelines. They
live with.
to say that they are all serious or all can’t have it both ways. They can’t
HEROES ACT
frivolous. No way of saying. I am argue through Senator MCCONNELL
Mr. President, let me say a word
counting all lawsuits of personal injury that we should have guaranteed busi-
about this HEROES Act that was re-
and medical malpractice brought be- ness immunity from liability and then
leased yesterday by Speaker PELOSI.
cause of COVID–19. basically say to the businesses, as Mr.
Yes, she has asked for more money to
We took a look at other lawsuits. Smartt told us, there are no guidelines.
be spent. We have to decide whether it
There are 260 lawsuits that have been You see, that is a defense in any law-
is worth spending.
filed by prisoners in jails arguing that suit. We live by the guidelines. We have Is it worth giving more direct eco-
they were held in an unhealthy, unsan- appropriate social distancing. We put nomic payments to families across
itary, and unsafe condition. Is that up the plastic shields to protect em- America? I supported President
what the Senator wants to stop? Does ployees and customers. We have people Trump’s call for those payments in the
he consider that a tidal wave of law- wearing masks. first round. Does he believe, do we be-
suits? Those are all good defenses in any lieve, does the Senate believe that
There are 171 cases brought against lawsuit that might be brought, but the $1,200 is the end of the story for people
insurance companies. In other words, a Republicans want it both ways: guar- who are struggling these days, facing
business is suing an insurance company anteed immunity for the business but unemployment, facing the hardships
over the coverage they have in their in- no guidelines from the government as that are part of our economy?
surance policy. Is that one of the ava- to what is a safe practice. Mr. Smartt The flood of people at our food banks
lanche of lawsuits that Senator said that makes his job next to impos- tells us that people need more re-
MCCONNELL is talking about? sible in his important business in sources to provide the basics for their
There are 95 contract cases and 79 Texas. family. Senator MCCONNELL has told us
civil rights cases. We took a look at But there were numbers given to us that is not an urgent need. Well, he
the civil rights cases being filed with yesterday that really did show a tidal ought to go to a food bank in Kentucky
mention of COVID–19, and, you know, wave. Marc Perrone is the president of and take a look around. He is going to
many of them were being filed by busi- the United Food and Commercial see a lot of people—not just Democrats
nesses arguing that they should be al- Workers. He testified before our com- but Republicans and Independents—
lowed to reopen. Is Senator MCCONNELL mittee, and during the course of his facing the hardships of this economy.
suggesting that we should be prohib- testimony he told us that 162 of his To say it is not urgent that we pro-
iting those lawsuits as well? workers—those who are in grocery vide money to hospitals—I will tell
What it comes down to is this. There stores, food processing, and particu- you, even in the areas of Illinois—
is no tidal wave of lawsuits. We larly in meat processing, 162—have died smalltown, rural Illinois—hospitals are
shouldn’t condition helping businesses, from COVID–19. struggling even if they don’t have
unemployed people, and individuals Now, working in a meatpacking plant COVID virus infections to deal with.
across America because of this phan- is something I know a little bit about.
SSpencer on DSK126QN23PROD with SENATE
They are struggling because of the
tom threat of lawsuits. I am surprised I worked my way through college—12 economy and people who are leery
that they didn’t refer to a caravan of months—in a meatpacking plant in about going forward with elective sur-
trial lawyers coming up to the court- East St. Louis, IL. It is dirty, hot, and gery and outpatient treatment.
houses across America. It just isn’t dangerous work, elbow to elbow with One thing to keep in mind: Even if
there. fellow workers. I saw it firsthand. It you happen to have a hospital in a re-
Yesterday, in a hearing, we had some has changed—I am sure—over the mote, rural area with little or no infec-
excellent witnesses. One of the better years, but the fundamentals are still tion from the COVID virus, if you want
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May 13, 2020 CONGRESSIONAL RECORD — SENATE S2393
to return to elective surgery, good I yield the floor. templated and I think is forbidden by
medical practice requires that you test The PRESIDING OFFICER (Mr. the U.S. Constitution.
the patient before the surgery to see if PERDUE). The Senator from Louisiana. Speaker PELOSI’s bill will dramati-
they are positive for COVID virus. Hos- UNANIMOUS CONSENT REQUEST cally change our immigration laws. It
pitals I have talked to are also testing Mr. KENNEDY. Mr. President, I am will provide amnesty for people who
the drivers who are going to take the honored to follow my friend, the senior are in our country illegally during the
patient home after the procedure. Senator from Illinois. I enjoyed his coronavirus pandemic. It will provide a
We need testing so that these hos- comments very much. lot of money—hundreds of millions of
pitals, even in areas not directly af- As the Presiding Officer knows, this dollars—to people who are in our coun-
fected by this pandemic, can get back Congress has passed, I think, four bills try illegally. Some will like that. Some
in business and keep their doors open. to provide money to the American peo- will not like that. But the point I am
What a tragedy it is, in any State, to ple, to the American healthcare deliv- trying to make is it will be controver-
lose hospitals in rural areas. ery system, and to businesswomen and sial.
Speaker PELOSI, in her bill, the HE- businessmen throughout our country Speaker PELOSI’s bill will release
ROES Act, calls for additional funds to fight the coronavirus and the dam- many of our Federal prisoners during
for these hospitals. I think there is a age it has done to our public health the coronavirus unless the Bureau of
sense of urgency to that. Clearly, Sen- and also to our economy. Prisons can affirmatively show that
ator MCCONNELL does not. We have spent and will spend—be- those prisoners are not going to go out
The notion that we would honor the cause all of the money is not yet and commit a violent crime. In other
people who are working on the spent—about $3 trillion. That is words, the Bureau of Prisons has to
frontlines to make sure that they $3,000,000,000,000. That is $3,000 billion. prove that John Doe, the prisoner who
would be able to continue to serve us We don’t even take in that much is being released, is not going to go out
and to risk their lives for us in treating money in a year. We take in, in rev- and commit a violent crime. That is an
the patients—I think that is a priority, enue, about 90 percent of that. So we impossible standard, of course, to
and there is a sense of urgency, and I meet.
borrow the money.
think Speaker PELOSI was correct in I voted for the bills. We had to do it. Speaker PELOSI’s bill is very pro-can-
including that money to give those The Federal Reserve, through its lend- nabis. I don’t know how the Presiding
first responders, health workers, and ing facilities, including but not limited Officer feels about cannabis—that is
others a helping hand. to its 13(3) lending facilities, will prob- your business—but it is controversial
And let me say that this notion that in the U.S. Senate. I think it mentions
ably spend at least another $3 trillion.
we shouldn’t be helping State and local cannabis something like 28 times.
I asked one of the senior officials at
governments—who in the world do we Finally, Speaker PELOSI’s bill ad-
the Federal Reserve yesterday, and he
think is on the frontline in the battle dresses, in many respects, the subject
told me that in the past 2 months the
against this national emergency, this of race. For example, it directs every
balance sheet of the Federal Reserve
pandemic? It is the doctors, of course, Federal agency to keep deposits in mi-
has doubled.
and the nurses, of course, but it is also nority-owned banks. I am not sug-
Now, many of the transactions con-
our first responders, our policemen, our gesting that that is good or bad. I am
ducted by the Federal Reserve, of
firefighters, and even our teachers. just suggesting to you it will be very
If we don’t provide the resources that course, are loans, but we know that all
controversial. And, for that reason, the
have been lost to the States and local- of the loans aren’t going to be paid
bill is not going to pass this body in its
ities because of this pandemic, there back. And since the Federal Reserve
present form.
will be cutbacks in pay and layoffs for can’t lose money, we are going to have Now, that sets up three scenarios.
sure. Is that how we are going to an- to appropriate probably even more One scenario is that Speaker PELOSI, of
swer this national emergency? I believe money than we appropriated in the course, she knows her bill isn’t going
there is a profound sense of urgency CARES Act to backstop those losses. to pass, and she doesn’t intend for it to
here as well. So we are up to $6 trillion, let’s say. pass. It is what we call a messaging
I notice that a couple of my col- Speaker PELOSI, as the Presiding Offi- bill: She is sending a message on behalf
leagues are on the floor to speak, so I cer knows, has introduced a new bill of her party with an eye toward the No-
will wrap up my remarks by saying we that would spend another $3 trillion vember elections. It is done around
need to stick with this program of that, of course, we will have to borrow. here all the time. So one scenario is it
helping America get back on its feet. Some Americans think we just print is just a messaging bill, and it is polit-
We need to stand by the individuals the money. We don’t. We issue Treas- ical pageantry.
who are struggling to feed their fami- ury securities, which is just basically a There is a second possibility; that
lies and going to food banks to try to bond. We borrow the money from peo- this is her opening bid and that the
get by. We need to stand by those who ple—from many Americans, many for- leadership in the Senate on the Demo-
are drawing unemployment insurance eigners, including but not limited to cratic side and the leadership in the
today with additional Federal help, China, and we have to pay that money Senate on the Republican side and the
trying to keep their families together back. Republican leadership in the House and
while they are looking for a job and So now we are up to $9 trillion—that Speaker PELOSI and probably Treasury
waiting for the economy to rebound. is 9,000,000,000,000—and our total debt Secretary Mnuchin will then sit down
We need to stand by the small busi- is—that is going to put us at about $28 and negotiate, without much input,
nesses that cannot survive if we don’t trillion. I am not going to repeat the quite frankly, from Members of the
continue our assistance. This notion zeroes again. I think I have made my Senate. I don’t know how it works in
that because it was Speaker PELOSI point. the House.
who suggested it, it has to be a bad Now, Speaker PELOSI’s bill is not They will sit down and come up with
idea is just plain wrong and selfish. going to pass the U.S. Senate in its something, and then they will come
Look at her proposals on their mer- present form. You don’t have to be a back to us. I am in labor, not manage-
its. They mirror what we have started senior at the University of Georgia to ment. They will come back to us and
to do with the CARES Act and need to know that. It has provisions in it—for say: Here it is; take it or leave it—
continue to do. As I said yesterday, you one thing, it costs $3 trillion, as I just without much input from us individ-
don’t build a bridge halfway across a pointed out. For another thing, it will ually. That has happened before. It has
expand the Affordable Care Act, which,
SSpencer on DSK126QN23PROD with SENATE
river. You build it all the way. happened a lot before.
Let’s build it to the point where our of course, is controversial in the Sen- Then we have a choice. We can either
economy can rebound with strength ate. say, geez, you know, we weren’t a part
and people can get back to work. Let’s It will change our election laws dra- of this process, or we can moan and
stand by the workers and their families matically. Some have suggested that groan and grumble and then just follow
and the businesses and support the HE- Speaker PELOSI’s bill will basically fed- our leaders into the chute. We can moo
ROES Act that has been introduced in eralize elections, take them away from and follow our leaders into the chute
the House of Representatives. our States, which is certainly not con- like cattle and vote for it.
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S2394 CONGRESSIONAL RECORD — SENATE May 13, 2020
The third scenario, with respect to But that is not going to happen—at and the Senate proceed to its imme-
the Speaker’s bill, would be that the least not within the next year. In the diate consideration. I further ask that
second scenario happens but the Mem- meantime, I believe that State and there be 2 hours of debate—see, we will
bers of the Senate and the Members of local governments have sustained dam- have plenty of debate—equally divided
the House bow up and say: Uh-uh. Not age, and I think that is just a natural between the proponents and the oppo-
this time. We are not going to moo and fact. They have. nents of the bill; and that upon the use
follow our leadership into the chute I have a bill, S. 3608. It is called the or yielding back of that time, the Ken-
like cattle. We don’t agree with what Coronavirus Relief Fund Flexibility for nedy substitute amendment No. 1581 be
they did. State and Local Government Act. Sen- considered and agreed to, the bill, as
That is a particular danger in the ator SULLIVAN has another bill that amended, be considered read a third
House because, again, you don’t have does somewhat the same thing as mine. time, and the Senate vote on passage of
to be in Mensa to understand that I think Senator ROUNDS has a bill. the bill, as amended, with a 60-affirma-
Speaker PELOSI has drafted a bill to ad- All my bill would do is this. That $150 tive-vote threshold for passage with no
dress the interests and concerns of the billion we have already spent, which intervening action or debate; finally, if
leftwing of her party in the House. now has been given to the States and passed, that the motion to reconsider
So I can see a third scenario, where local governments, says it can only be be considered made and laid upon the
the powers that be negotiate what they used for coronavirus expenses. table.
see as a compromise and that com- My bill will change that. My bill Let my people vote.
promise is taken back to the House and would not spend a single, solitary new The PRESIDING OFFICER. Is there
the liberal Members of the House—I dollar. objection?
don’t use ‘‘liberal’’ and ‘‘conservative’’ Let me say that again. My bill will The Senator from Florida.
in a pejorative sense—the liberal Mem- not add to our spending. It just says Mr. SCOTT of Florida. Mr. President,
bers of the House say: The short answer that the Governors have additional reserving the right to object, I appre-
is no. The long answer is hell no; we flexibility to spend the $150 billion that ciate the comments and I respect the
are not going to vote for that. we have already given them. They opinion of my colleague from Lou-
That could also happen in the Senate can’t spend it to bail out their pension isiana.
on my side of the aisle. Our leaders systems. My bill prohibits that. They The coronavirus pandemic is a sig-
could negotiate a package and come can spend it to address a revenue short- nificant and life-altering time in our
back and say: OK. Here is the deal. The fall, which many of them have. Nation. Our country and our economy
liability provision is going to cost you We will never agree in this body will never be the same. This is abso-
$1 trillion in extra spending. about which State is well-managed and lutely a challenging time for every
I can see some Republicans—one of which State is not well-managed. One level of government.
them is standing right over here. I We continue to work together to try
person’s trash is another person’s
don’t speak for him, but he is my good and help the small businesses and indi-
treasure. I have personal feelings. Sen-
friend from Florida who is going to
ator SCOTT does. I see my good friend viduals that are hurting and to get our
have some heartburn if that happens.
Senator WARNER is here. He was a very economy back open as soon as possible.
And then nothing happens. We have
distinguished Governor of Virginia. He This crisis was unprecedented, and
appropriated, as I mentioned—I don’t
will probably have a different point of Congress took bold action to stem the
want to belabor the point—$3 trillion,
view. spread of the virus and save our econ-
another $3 trillion if you add the Fed-
eral Reserve. Some of that money went There is one thing we can agree on. omy. But if we are not careful, Con-
to States and local governments—$150 There is real danger that Speaker gress will create another, equally dev-
billion. My State got about $3 billion. PELOSI’s bill is not going to pass. It is astating crisis down the road—a crisis
Many of the States need that money. not going to pass today, and it may not of our own making.
I am not saying that we aren’t going to pass tomorrow, and it may not pass in Our national debt and deficits—al-
have to share, sacrifice here. I am not June. ready at sustainable levels—have sky-
saying that we shouldn’t ask our State The second thing we can agree on is rocketed as Congress has spent almost
and local governments to submit to us that our States and our cities have sus- $3 trillion to address this crisis. At
revenue estimates. I am not saying tained debt, and we can take off the some point, we need to start thinking
that we shouldn’t ask them to pare handcuffs and allow the money we have about the impact this spending will
down their budgets. We ought to pare already given them to try to help them have on our country’s financial future
down ours as well. repair that damage as we recover from and the future of our children and our
But, to me, it is undeniable that this horrible pandemic. grandchildren.
States and local governments have sus- For that reason, I am going to ask As I mentioned during my remarks
tained damage from the coronavirus. for unanimous consent not that we last week, I appreciate the spirit of my
For God’s sake, their economy has pass the bill. I am going to ask in a colleague’s proposal and understand his
been shut down. If you are a State that second for unanimous consent that we desire to help his State. I know he
relies on sales tax, nobody has been just vote on my bill. We don’t vote cares as deeply for Louisiana as I do
buying anything—or at least not like enough around here. I came up here to about Florida. I want to help States
they did before. If you are a State that deliberate and decide. I didn’t come up too, which is why I support maintain-
relies on income tax, income tax hasn’t here to issue press releases and partici- ing the existing restrictions tied to the
been coming in because nobody has pate in delay and stultification. I want Coronavirus Relief Fund that were in-
been open. to do an honest day’s work for an hon- cluded in the CARES Act. While imper-
Now, some of my colleagues believe est day’s pay. Instead, we want an hon- fect, the Coronavirus Relief Fund
that we should not give the States any est week’s pay for an honest day’s makes sure spending is for coronavirus
latitude to use any of that $150 billion work. response.
to address revenue shortfalls. And I un- All I want to do is have a vote on my Regardless of whether we are remov-
derstand that point of view. I do. bill. If you don’t like it, you can chew ing the existing guardrails or talking
You take Florida, for example. In a it up, spit it out, step on it, and vote no about completely new funding, both ac-
few moments, Senator SCOTT is going in front of God and country. But if you tions would result in a blank-check
to speak. He was Governor of Florida like it, you can vote for it, and let’s be bailout for States.
for 8 years, did an incredible job, bal- Senators again. Let’s remember that we are talking
SSpencer on DSK126QN23PROD with SENATE
anced their budget, grew employment For that reason, Mr. President, I ask about $150 billion. To put that in per-
dramatically. And I can understand—I unanimous consent that, at a time to spective, the median income per capita
am not speaking for my good friend, be determined by the majority leader in Florida is about $30,000, and $150 bil-
the Senator, but I can understand how in consultation with the Democratic lion will pay the total annual income
someone in the Senate would say: Well, leader, the Committee on Appropria- for more than 5 million Floridians.
no. Every Governor needs to go reform tions be discharged from further con- Let’s talk about who we are bailing
his entire State government. sideration of S. 3608—that is my bill— out. It is not those on unemployment.
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May 13, 2020 CONGRESSIONAL RECORD — SENATE S2395
We took care of them in the CARES not to bail out States like his—a State The PRESIDING OFFICER. Objec-
Act. It is not our teachers. We took with 2 million fewer people than Flor- tion is heard.
care of them in the CARES Act. It is ida, with a budget almost double ours. The Senator from Virginia.
not our healthcare workers. We took The opposite is true. It is irresponsible Mr. WARNER. Mr. President, I come
care of them in the CARES Act. We are and reckless to take money from here to speak on a different topic, but
bailing out liberal politicians who can- America’s taxpayers and use it to save I want to simply comment for a mo-
not live within their means, and now liberal politicians from the con- ment on the exchange between my
we are asking Floridians to pay for the sequences of their poor choices. friend from Louisiana and my friend
incompetency of Governors like An- Every day, American families make from Florida.
drew Cuomo. responsible budgetary decisions. Well- I can assure my friend from Lou-
We can’t give hard-earned taxpayer managed States like Florida have done isiana who was ranked the best man-
money to poorly managed States that it for years. It is time for New York, Il- aged State in America by an inde-
are going to turn around and spend it linois, and California to do the same. pendent source, Governing Magazine—
on their liberal priorities and to back- As you can see from this chart, Con- the Commonwealth of Virginia—at
gress has already allocated billions of least during my tenure as Governor.
fill their budget shortfalls and solve
dollars in direct and indirect aid to We are also proud to be ranked by
their longstanding fiscal problems.
Forbes Magazine the best State for
States like California, Illinois, and States and localities. Total direct
business.
New York have big budgets, high taxes, funding from the Federal Government I have looked at the bill of the Sen-
and tons of debt because they refused already exceeds over $1 trillion, and ator from Louisiana. It may not be per-
to make the hard choices and live with- this doesn’t begin to count another $1.3 fect. I actually think we should be vot-
in their means. They know they cannot trillion in indirect assistance to small ing on it. I think it is a bit strange to
tax their citizens more. So now they businesses, individuals, and increased me, and I say this as somebody from
have their hands out to the Federal unemployment benefits to families in Virginia, where I am very proud of the
taxpayers to rescue them. But that is all of our States. fact that we have maintained a AAA
not fair to citizens of States like Flor- We have $150 billion. Again, it is bil- bond rating. We are fiscally respon-
ida, where we made the hard choices. lions of dollars for expenses. By the sible. Our fiscal health, I would wager,
Let me show you this chart. From way, this is not the way it is done with is candidly better than virtually every
1985 to 2018, this is how many people FEMA. This money has been sent with other State in the country. We made
moved to Florida from other States. no obligation of the States to pay a the hard choices to make that happen.
We gained over 2 million people. This is portion. When I had my hurricanes, I When we say that we are going to
how many people left New York, Illi- had to pay a portion of the cost that come in and bail out the airlines be-
nois, and California. the Federal government would partici- cause they have lost revenues and we
Why did they leave? Partially, be- pate in, but we still paid a part of the are going to come in and very gener-
cause they may like our weather bet- cost. ously take care of every small business
ter. But look at the tax rates. They are We have $500 billion in short-term when they have lost revenues, but
way higher in these States. Look at loans for municipal governments; $45 when States and localities across the
their business climate. Those three billion in FEMA disaster funds; $30 bil- country are losing revenues at a record
States are the three worst in the coun- lion for education, without knowing rate, to say we are not going to give
try. Look at what the Tax Foundation whether education costs went up or them certain flexibility—I would con-
ranking is—some of the worst States in down; $34 billion for mass transit com- cur, if we had a bill like that, and I
the country. munity grants; $270 billion under the would even put a clause and support a
Then look at the debt. We have more appropriations, on top of the indirect clause in place that would say let’s
people than New York by about 2 to 3 funding. So we have not ‘‘not sent’’ a prohibit any of those funds being used
million people, and their debt is seven lot of money to the States already. to take care of long-term obligations
times as much. As for Illinois, we are I appreciate that the Senator from like pension funds. But the notion that
at least double, and they have almost Louisiana is seeking a vote on this pro- somehow we are going to say we are
three times as much debt. posal. However, this legislation has not going to take care of everybody else
You look at this, and this is why in- been considered by any committee. Al- who lost revenues but we are not going
come is moving to our State and away though I think we both agree that the to take care of a local government that
from these States. Now these States CARES Act was far from perfect, Con- has seen its meals tax dry up, its lodg-
want us to tax our citizens to pay for gress must work methodically before ing tax dry up, its sales tax dry up, and
their debt, their pensions, for all of we make large-scale changes such as you suddenly are on your own and you
their fiscal irresponsibility, and that is those proposed by my colleague. have to lay off police officers and fire-
not fair to the citizens of our State. We have to get absolutely serious fighters and EMTs at this moment in
When I became Florida’s Governor in about how we are spending taxpayer time, it doesn’t make sense to me. I
2011, we had a big budget shortfall, and money and the fact that this year’s hope the Senator will continue to press
we had lost 832,000 jobs in 4 years. Federal budget deficit will be the larg- his case and we will get a chance to
When I became Governor, we started est in the history of our Nation. have that debate.
cutting taxes every year. We cut $10 I have seven grandchildren. Four of CORONAVIRUS
billion over 8 years. And guess what. them are watching here today: Mr. President, I rise today because
Our revenues increased. The State Auguste, Eli, Quinton and Sebastian. I we also face the greatest unemploy-
went from losing hundreds of thou- have no interest in saddling them or ment crisis America has seen since the
sands of jobs over 4 years to adding 1.7 children like them across the country Great Depression. More than 33 million
million jobs in 8 years. We turned a $2.5 with mountains of debt. To do so would workers have lost their jobs due to the
billion shortfall into a $4 billion sur- not only be a political failure; it would coronavirus pandemic. Millions of
plus, with $3 billion in a rainy day be an abdication of our moral responsi- these folks have also lost their health
fund. bility. insurance. I was just reading that 27
I was the first Florida Governor in 20 It is time that we make the hard million Americans have seen their
years to actually pay down State debt. choices to put our Nation on a path to health insurance lost due to the virus.
I paid down—with the support of my recovery—recovery from this virus, The Federal Reserve actually forecasts
SSpencer on DSK126QN23PROD with SENATE
legislature and the success of our from the economic devastation it has that 47 million Americans, or nearly
State—one-third of our State debt in 8 brought with it, and from the fiscal ca- one-third of the workforce, could lose
years. lamity that decades of politicians have their jobs.
That didn’t happen in California. It ignored. These aren’t just numbers. They rep-
didn’t happen in Illinois, and it didn’t I hope my colleagues will join me in resent the pain being felt by families
happen in New York. this fight to keep our country’s future across the country, as we enter into
New York Governor Andrew Cuomo bright. the greatest economic crisis of our life-
said it was irresponsible and reckless I, therefore, respectfully object. time. Candidly, we need to face some
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S2396 CONGRESSIONAL RECORD — SENATE May 13, 2020
hard truths about how we got here and Street Journal have both commented be pennies compared to the damage
what will come next if we fail to act. on it. We know those news organiza- that will be done if we fail to ade-
The reason we are facing this dire tions never agree on anything, but they quately assist our fellow Americans in
economic crisis is simple: The Federal both take this approach. It bears this moment of economic crisis.
Government failed to take the appro- merit. We also know this direct sup- I am pleased that my colleagues in
priate early actions to control this port approach works because it has the House have put forward an initial
virus. been implemented successfully in a draft of their view of the next
That is why we have had to do social number of European countries and in coronavirus relief package. It has a
distancing. Social distancing isn’t very Canada, where the unemployment number of important provisions. How-
much fun. I see some of my friends and rates, yes, have bumped up by a couple ever, it has not taken what I believe is
colleagues on the floor. It is particu- of points but not to the level of what, the bold step of saying, before we sim-
larly hard for people who spend their I believe, will be over 20 percent unem- ply refill some of the existing buck-
lifetime shaking hands and saying ployment and what the Fed and even ets—which have had, in many cases,
hello to folks. It has been tough on all the administration officials have pre- mixed results so far—perhaps we
of us. But it has saved lives, and it has dicted may reach 25 percent within the should take a pause and a timeout and
begun to flatten the curve. next month. ask: Is there not a better way to pro-
We also know that things can’t just Paycheck security means the Federal vide the kind of security and guarantee
go back to normal overnight—not be- Government would help to cover the that the American people are looking
fore we have a vaccine, not before the payroll expenses for rank-and-file for from their government?
government, working in concert with workers who have been furloughed or The one thing I do know is that my
the private sector, solves the chronic laid off because of the coronavirus. House colleagues and I share an enor-
shortages in testing and in PPE that These Treasury Department grants mous sense of urgency. With, at least,
have hampered our response to this would cover salaries and wages up to the official number of unemployment
pandemic from day one. $90,000 for each employee, plus benefits, being at nearly 15 percent—a number
States like mine are working toward and would run for at least 6 months. that all of us expect to go over 20 per-
a new normal where we gradually scale They would also provide funds to many cent when it is reported later this
back social distancing, when it is safe businesses to help cover business oper- month—this is not the time to play
to do so, but it is just not realistic to ating costs, such as rent and utilities. wait and see. It is no exaggeration to
suggest, as the President has, that we The program would be delivered say that we face the prospect of having
can just immediately reopen the econ- through the employee retention tax not a recession but of having, actually,
omy before we have contained the credit, which is something on which I a great depression. With every day we
virus—as if companies will just simply was happy to work with my friend from delay, we drive ourselves deeper and
resume normal business, knowing that Oregon in the earlier coronavirus bill. deeper into the hole that we must
another coronavirus outbreak could It is already set up at the IRS and can eventually climb out of when the
shut them down any day, as if a virus be leveraged to deliver far greater ben- healthcare crisis is behind us.
for which we still don’t have a vaccine efits than it currently provides. As we enter into negotiations over
didn’t just kill more than 80,000 of our In exchange for the paycheck secu- the next phase of the coronavirus re-
fellow Americans. rity grant, employers would commit to sponse, I would encourage my col-
It is time to face the facts, about forgoing further layoffs and to main- leagues on both sides of the aisle to
what it will take for our economy to taining the pay and benefits of their take a look at bold solutions. Let’s
recover from this public health crisis. rank-and-file workers. They would also give our fellow Americans the kind of
There is not a magic switch that we be required to suspend stock buybacks paycheck security they deserve. Let’s
can just flip. Unfortunately, there will and limit CEO compensation for at put paychecks, not stimulus checks, in
not be a V-shaped recovery if we stay least the term of Federal assistance. their hands. Let’s help them get back
on our current course. Just as it took A national paycheck security pro- to work as fast and as safely we are
the U.S. years to emerge from the gram would immediately work to pre- able.
Great Depression, it could take years, vent financial calamity for millions I yield the floor.
or even decades, to recover from the and millions of American families. At The PRESIDING OFFICER. The Sen-
coronavirus if we do not take imme- the same time, it would maintain and, ator from Montana.
diate, bold action in the next in many cases, reestablish that critical H.R. 6172
coronavirus relief bill. link between workers and their em- Mr. DAINES. Mr. President, Ameri-
Our first goal must be to prevent fur- ployees. The reestablishment of that cans want their privacy protected. For
ther job losses, as well as permanent link would put in place the healthcare far too long, the Patriot Act and the
disruptions like business closures, evic- benefits that many workers receive Foreign Intelligence Surveillance Act,
tions, and foreclosures. through their employment that they commonly referred to as FISA, have
Second, we must work quickly to re- have now lost even though they may be been used to trample the civil liberties
duce the economic uncertainty facing on generous unemployment. If we rees- of American citizens. For Montanans,
workers and small businesses. To do tablish this connection, the economy the right to privacy is so fundamental
this, we need to provide immediate as- will be able to bounce back much more that it is enshrined in our own con-
sistance to millions of American work- quickly after the public health crisis stitution. In fact, very few States have
ers who have gone overnight from a ends. The certainty provided by this such protections, but the drafters of
steady job to unemployment through program would also give consumers the the Montana Constitution recognized
no fault of their own. confidence they need to begin spending that privacy was essential to exer-
I am not talking about another stim- money in the economy, which would cising all of the other freedoms that we
ulus check. I am not talking about un- accelerate the eventual economic re- hold so dear.
employment benefits. I am talking covery. The bill the U.S. House has sent us
about paychecks. The proposal, which I It will be expensive. Yet I can say does have some good reforms, and it
put forward with Senator SANDERS, this: As someone who has spent a long has some good provisions in it, includ-
Senator JONES, and Senator time thinking about and working on ing a provision from my bipartisan bill
BLUMENTHAL would create a national trying to reduce the deficit, when we with my colleague from Oregon, Sen-
paycheck security program for Amer- compare it to the over $660 billion ator WYDEN, called the Safeguarding
SSpencer on DSK126QN23PROD with SENATE
ican workers. A very similar proposal spent on the PPP program, which has Americans’ Private Records Act, which
has been put forward by my friend on only taken up one section of our econ- would revoke the now terminated call
the other side of the aisle, Senator omy—businesses under 500—but has detail record program, which secretly
HAWLEY from Missouri. It uses a direct done nothing so far for those mid-level collected data on our cell phones and
support model that has support on both businesses—500 to 10,000—I think the our land lines, as well as on our private
the left and the right. As a matter of alternative will actually be viewed as conversations. Yet the House bill fails
fact, the New York Times and the Wall being much cheaper. It would actually to enact real reforms to FISA that will
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May 13, 2020 CONGRESSIONAL RECORD — SENATE S2397
actually protect the privacy of the doesn’t prevent it from doing its job or Before I yield to Senator WYDEN, I
American people. We saw what a hand- from accessing the data it needs to will also take a minute to speak in sup-
ful of scornful government bureaucrats keep Americans safe. It simply re- port of the Lee-Leahy amendment.
did to President Trump when they quires our intelligence agencies to This bipartisan amendment strength-
abused FISA to serve their political abide by the Constitution and work ens and clarifies the role and the au-
motives. Our own government spied on within our Nation’s laws, which means thority of the amici in the FISA court.
an American citizen—a political ad- requesting a probable cause warrant to Unfortunately, we continue to see seri-
viser to then-Candidate Trump—with get this type of information. That ous abuses and misuse of the FISA
no oversight. means they might have to go to a judge process. Most notably, the Department
What happened to President Trump and prove they have a valid reason to of Justice’s inspector general found
can happen to anybody for any pur- believe that someone is involved in es- major abuses in applications to surveil
pose, and that is a very serious prob- pionage or in a possible terrorism oper- President Trump’s campaign adviser
lem. Republican or Democrat, we can’t ation. Without my bipartisan amend- Carter Page. This abuse is just the tip
allow the abuse of our government in- ment, the government will be able to of the iceberg.
telligence services to be used for polit- access browser data through the secret We need serious reforms that protect
ical attacks. It puts our democracy in 215 spy program with little to no over- American citizens from government
danger, and it undermines the trust sight. surveillance, and the Lee-Leahy
and the confidence that our citizens At the end of the day, this is about amendment does just that. It gives
place in these same institutions that securing our most basic Fourth
Americans a fighting chance and brings
are meant to protect them. Amendment rights, to protect our citi-
some clarity and, importantly, some
The House bill fails to prohibit the zens’ most personal data. In fact, re-
transparency to the FISA court. I en-
warrantless searches of browsing data cently, the Supreme Court found in the
courage my colleagues to also join me
in internet search history, and it fails Carpenter decision that the govern-
in supporting this Lee-Leahy amend-
to include any meaningful oversight ment needed a warrant to access cell
ment.
and accountability. We need to get gov- site location data because of how per-
I see that my distinguished colleague
ernment out of our private lives and, sonal and invasive that information is.
The current House bill before us does and friend, the Senator from Oregon,
instead, prioritize freedom and privacy. RON WYDEN, is on the floor.
have a prohibition for the collection of
We can and must protect our national I yield to Senator WYDEN for his re-
cell site location data under section
security and protect our civil liberties marks.
215, and that is a good thing. My
by making targeted reforms that will The PRESIDING OFFICER. The Sen-
amendment simply extends this prohi-
keep everyday Americans’ privacy se- ator from Oregon.
bition to include browser data and
cure and continue to allow the govern- AMENDMENT NO. 1583
internet search history, which is even
ment to go after the bad guys. The Mr. WYDEN. Mr. President, I call up
more sensitive and personal than loca-
House bill does not go far enough, and amendment No. 1583.
tion data.
we cannot compromise on an issue that I agree with many of my colleagues The PRESIDING OFFICER. The
is so vital to the very foundations of that we need to have the tools in place clerk will report.
our government. to help find and stop our Nation’s en- The bill clerk read as follows:
Montanans sent me to Congress to emies, those who seek to harm Amer- The Senator from Oregon [Mr. WYDEN] pro-
get government off their backs, and I ica. We all agree on that, but we also poses an amendment numbered 1583.
am working not only to get govern- need to make sure we are protecting
ment off their backs but to get govern- Mr. WYDEN. Mr. President, I ask
Americans from our own government’s unanimous consent that the reading of
ment out of their phones, out of their spying and intervening in our personal
computers, and out of their private the amendment be dispensed with.
lives. My amendment balances these The PRESIDING OFFICER. Without
lives. At the end of the day, this is important civil liberties and our na-
about protecting privacy, and today, objection, it is so ordered.
tional security by allowing the govern- The amendment is as follows:
this day, we have the opportunity to ment to track down terrorists while
get these reforms right. I have been (Purpose: To remove internet website brows-
also stopping them from violating the ing information and search history from
working on behalf of Montanans, with rights of law-abiding citizens. scope of authority to access certain busi-
my Senate colleagues across the aisle, This is not a zero-sum game. We can ness records for foreign intelligence and
to ensure we take a very bipartisan ap- have both. This amendment has strong international terrorism investigations)
proach to this issue. bipartisan support. Senator WYDEN and On page 7, strike lines 13 and 14 and insert
In speaking on the Wyden-Daines I have been working on this issue for the following:
amendment we will be voting on short- months, and we are joined by a long cell site location or global positioning sys-
ly, my bipartisan amendment is sim- list of bipartisan cosponsors, including tem information.
ple. It protects all Americans’ civil lib- Republican Senators LEE, BRAUN, and ‘‘(C) An application under paragraph (1)
erties by prohibiting the collection of CRAMER, as well as by Democratic Sen- may not seek an order authorizing or requir-
browser data and internet search his- ators LEAHY, UDALL, MARKEY, and ing the production of internet website brows-
tory under section 215 of the Patriot ing information or internet search history
many more. The amendment is also
Act. Browser data is some of the most information.’’.
supported by a diverse group of stake-
personal and revealing information holders across the political spectrum, Mr. WYDEN. Mr. President, I thank
that can be collected on private citi- from FreedomWorks and Americans for my colleague from Montana for our
zens. Your internet search history can Prosperity on one end to the ACLU and work on this effort, and I hope we can
reveal extremely intimate information, Demand Progress on the other. Ameri- count on strong support from his cau-
including personal health data, reli- cans across the country overwhelm- cus, the Senate majority, when we vote
gious beliefs, political beliefs, where ingly back this amendment. in a little bit.
you might go on your next vacation, This is a core constitutional issue I rise to offer this bipartisan amend-
even what you bought for your mom that brought a Democrat from Oregon ment because I think a basic question
this past Mother’s Day. I don’t think together with a Republican from Mon- needs to be asked at this unique time:
the government should have access to tana. Montanans and Oregonians may Is it right, when millions of law-abid-
such private information without a have different priorities, but we all be- ing Americans are at home, for their
government to be able to spy on their
SSpencer on DSK126QN23PROD with SENATE
warrant. Section 215 of the Patriot Act lieve strongly in the right to privacy,
is supposed to investigate potential in protecting our civil liberties, and in internet searches and their web brows-
terrorists, not spy on our own Ameri- preserving our American way of life. I ing without its having a warrant?
cans’ browser data. urge my Senate colleagues to stand Should law-abiding Americans have to
Let me be clear. My amendment with Senator WYDEN and me to protect worry about their government’s look-
doesn’t stop the intelligence commu- the privacy of all Americans, and I ing over their shoulders from the mo-
nity from doing its job. I am grateful urge them to vote in favor of this ment they wake up in the morning and
for our intelligence community, and it amendment. turn on their computers to when they
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S2398 CONGRESSIONAL RECORD — SENATE May 13, 2020
go to bed at night? I believe the answer anything, as long as the Government probably, until they heard this debate,
is no, but that is exactly what the gov- believes it is relevant to an investiga- didn’t know the Government could spy
ernment has the power to do without tion. This can include the private lives on them at home while they move
this bipartisan amendment. of many innocent, law-abiding Ameri- around the internet.
I start by reflecting for a moment on cans. As I indicated, they don’t have to Americans deserve to know at this
how Americans are using the internet do anything wrong. They don’t have to unique time that the Government does
these days. They are helping kids with be suspected of anything. They don’t not engage in digital tracking of their
homework, checking out prescription even have to have been in contact with personal lives. The warrantless collec-
drug prices for a sick parent, and vis- anyone suspected of anything. Their tion of Americans’ web browsing his-
iting scores of different websites. In a personal information in some way just tory offers endless opportunities for
pandemic, the internet may be their has to be connected for relevance to abuse.
only connection to the outside world. what the Government is looking for. Donald Trump has called for an in-
So the questions we are presenting Back in 2001, when Congress passed vestigation of his political enemies.
are, Don’t those Americans deserve the PATRIOT Act, Americans were Attorney General Barr has injected
some measure of privacy? Don’t they rightly concerned about their Govern- himself into investigations that affect
deserve better than their government’s ment collecting their library borrowing the personal interests of Donald
snooping into the websites they visit? records without a warrant. My col- Trump. All it would take is some inno-
How can this be that the government leagues and the Presiding Officer cent American’s web browsing history
can spy on them when they are not sus- might remember it because this was to be deemed relevant to an investiga-
pected of doing anything wrong? Most nationwide. People were up in arms tion, and the Government is off to the
importantly, how is this OK in Amer- about the prospect of the Government races, collecting all of that personal in-
ica? looking at library records of books formation. Then, it wouldn’t even mat-
With web browsing and searches, you they borrowed and the like. ter whether that web browsing history
are talking about some of the most in- Well, I will state that what we are had anything to do with the original
timate, some of the most personal, talking about today—looking at web goal of the investigation. For any num-
some of the most private details of the history, browsing—it is thousands of ber of reasons, the web browsing his-
lives of Americans. Every thought that times more invasive of privacy than tory of that innocent American could
can come into people’s heads can be re- the library records Americans were reveal, potentially, such embarrassing
vealed in an internet search or in a concerned about years ago. information that the person would be
visit to a website: their health his- There is, regrettably, a long history humiliated—humiliated—for years to
tories, their medical fears, their polit- of abuse of section 215. A few years ago, come and, of course, it can be used
ical views, their romantic lives, their the Government decided it could use against him or her.
religious beliefs. Collecting this infor- section 215 to justify the collection of This is not a partisan proposition.
mation is as close to reading minds as every American’s phone records. The Any administration given the direction
surveillance can get. It is the digital Government secretly decided that of the law absent this amendment
mining of the personal lives of the phone records of millions of innocent could be tempted to collect the web
American people. law-abiding Americans were, again, browsing and internet search history of
Now, typical Americans may think somehow connected, somehow relevant political enemies—politicians, activ-
to themselves: I have nothing to worry to something the Government wanted. ists, journalists.
about. I have done nothing wrong. The They wanted to get it without a war- Just before I wrap up, I am going to
government has no reason to suspect rant. It was only when this abuse was touch on some of the arguments
me of anything. Why do I need to publicly revealed that Congress against this amendment, because hav-
worry? stepped in and began reining in the ing served on the Intelligence Com-
Unfortunately, the question is not Government’s phone record collection. mittee and having followed these issues
whether you did anything wrong. The The Supreme Court did determine re- closely, invariably, at some point in
question is whether government agents cently that physical tracking of Ameri- this discussion, someone is going to
believe they have the right to look at cans as they move around requires a come and say: This bipartisan amend-
your web searches. In other words, warrant. In this bill, Congress is finally ment is going to be pretty much the
without this bipartisan amendment, it getting around to stopping the Govern- end of Western civilization as we know
is open season on anybody’s most per- ment from using section 215 to conduct it. We are not going to be safe. It is not
sonal information. warrantless collections of certain loca- going to protect our liberties. It is
Now, there is a simple solution: re- tion data. The irony is—and I say this going to set up arbitrary policies.
quire a warrant. With this amendment, to my colleagues because of this unique I want to show how these arguments
the government can go to court and, time—that now that Americans have don’t hold water. The first argument is
with a warrant, collect whatever it been asked to stay home and not move that the Government needs this infor-
needs from those who actually threat- around so as to help our country fight mation before it can get a warrant. But
en the safety of our people. In an emer- this unprecedented contagion, they are without web browsing history, there is
gency—something I feel very strongly more vulnerable to abusive surveil- still plenty of information available to
about and worked for as a member of lance than ever before. I think that is the Government, even without a war-
the Intelligence Committee—the Gov- wrong. rant—phone and email data, subscrip-
ernment can use emergency provisions, Whether they are in North Dakota, tion data, business records. The biggest
collect the information immediately, Washington State, Montana, Oregon, response to this argument is that it is
and settle up with the court later, or in any of our home States, people Congress’s responsibility to determine
proving once again that liberty and se- are at home and they are living their when some information is so sensitive
curity are not mutually exclusive. This lives online. Now more than ever I that it requires a warrant. In this bill
type of amendment helps to get you would say to Senators of both political that was done with respect to
both. parties—because I have long felt that geolocation information. I believe that
Now I will give a brief explanation of these issues were fundamental to en- digital tracking of innocent Americans
how we got here. Right now the Gov- suring that we prove, as I stated ear- demands the same protection.
ernment can collect web browsing and lier, that liberty and security are not Let me say, as I did earlier, when
internet search history without a war- mutually exclusive—that smart poli- there is an emergency, something that
SSpencer on DSK126QN23PROD with SENATE
rant under section 215 of the PATRIOT cies give you both, and not-so-smart I have made a priority in my work on
Act. Section 215, from the beginning, policies don’t give you either. During the Intelligence Committee, the gov-
has been the most controversial and this pandemic, Americans deserve as- ernment can go get the information
dangerous provision of the FISA law. surances that the Government isn’t immediately and then come back to
That is because it is so extraordinarily spying on them as they are home, the court later on and settle up.
broad and so vague. Under section 215, where they think they are going to The other argument that I imagine
the Government can collect just about have some measure of privacy, and, we will hear is that this amendment
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May 13, 2020 CONGRESSIONAL RECORD — SENATE S2399
will create protections for Americans At some point, I believe the Senate I believe the Senate ought to pass the
that don’t exist in the criminal con- needs to focus on a little bit of history. Wyden-Daines amendment and oppose
text. The problem with that argument Section 215 was secretly interpreted the McConnell amendment to protect
is that Congress isn’t legislating on the and abused in the past. The use of those people at home. In wrapping up,
criminal law right now, but it does these authorities to spy on Americans’ I also want to commend our friends
have a unique opportunity to prevent web browsing and search history is a Senators LEAHY and LEE. As was noted,
intrusive surveillance of Americans to screaming alarm, warning us of future they have worked with us on a host of
prevent abuses. abuses. What the American people de- these efforts. I think they have a ter-
FISA requires an extra layer of pro- serve and what this amendment pro- rific amendment to strengthen the
tection. That is because, unlike crimi- vides is clarity and transparency about oversight role of the independent amici
nal law, FISA is secret. It is also a non- what the government cannot collect of the FISA Court. I hope Senators will
adversarial process. It relies on Gov- without a warrant. also support it.
ernment representations that we have One last argument is that we have I yield the floor.
learned, from the inspector general, are heard that, if the Senate amends this The PRESIDING OFFICER (Mr.
frequently inaccurate. When the Gov- bill, oh, my goodness, the House just CRAMER). The Senator from Montana.
ernment uses FISA information will not do anything at all. Well, there Mr. DAINES. Mr. President, this
against Americans, there is little or no were 75 House Democrats and many Re- amendment is about protecting Amer-
notice or opportunity to challenge the publicans—I want to underline that, 75 ican privacy, about making sure that
surveillance. House Democrats and many Repub- Government is not intruding on our
Most of all, it is subject to something licans—who voted against this bill be- most private data. It is about respect-
that I have come to call ‘‘secret law.’’ cause it didn’t include enough privacy ing the Constitution and the Fourth
It is a law that nobody knows about in reform. Adding key reforms like this Amendment. The Wyden-Daines
a coffee shop in Washington, North Da- amendment could only strengthen its amendment simply prohibits the col-
kota, or Montana. It is basically se- support in the House. lection of browser and search history
cretly interpreted. As I pointed out on Americans will not tolerate data under section 215. Browser data is
the floor in the past, warning the warrantless Government spying on extremely personal, sensitive, and
American people about these secret in- their most private information when should require a probable cause war-
terpretations, Americans sometimes they find out—when they find out that
rant to access. This data shouldn’t be
don’t learn about them for years, and right now, during a pandemic, the Gov-
allowed to be collected behind closed
when they find out, they are really un- ernment has the authority to do that.
doors with no traditional oversight.
happy. I can’t accept that level of unchecked
We can protect national security and
So I want to touch briefly on the surveillance.
I am very grateful for the sponsors protect the civil liberties and the con-
amendment of the Senate majority stitutional rights of Americans at the
leader, the McConnell amendment. Not that we have. They were listed by my
colleague from Montana. same time. It is plain and simple. If
only is the majority leader trying to you want to see an American’s search
block the bipartisan effort that we There are a great array of organiza-
tions that share our view that liberty history, than you better go to a judge
have been talking about, but his and get a warrant.
amendment would actually make the and security are not mutually exclu-
sive. I yield the floor.
situation even worse. Right now the
I ask unanimous consent that a list VOTE ON AMENDMENT NO. 1583
Government can collect web browsing
of those organizations be printed in the The PRESIDING OFFICER. The
internet searches of Americans without
RECORD. question is on agreeing to the amend-
a warrant under section 215, but so far There being no objection, the mate-
there has not been explicit congres- ment.
rial was ordered to be printed in the Mr. BARRASSO. I ask for the yeas
sional authorization for the Govern- RECORD, as follows:
ment to do it. The McConnell amend- and nays.
Access Now; American Booksellers for Free The PRESIDING OFFICER. Is there a
ment would, for the first time, provide Expression American Civil Liberties; Union
that authorization. The McConnell sufficient second?
Americans for Prosperity; Brennan Center
amendment would, in effect, tell the There appears to be a sufficient sec-
for Justice at NYU School of Law Center for
Government that Congress approves of Security; Race and Rights Constitutional Al- ond.
the warrantless collection of Ameri- liance Council on American-Islamic Rela- The clerk will call the roll.
cans’ most private information. Wrap tions (CAIR); Defending Rights & Dissent; The bill clerk called the roll.
your arms around that one—Congress Demand Progress Due Process Institute; Mr. THUNE. The following Senators
Electronic Privacy Information Center are necessarily absent: the Senator
explicitly approving of the warrantless (EPIC); Free Press Action; FreedomWorks;
collection of Americans’ most private from Tennessee (Mr. ALEXANDER) and
Government Accountability Project; Govern- the Senator from Nebraska (Mr.
information when millions of Ameri- ment Information Watch; Human Rights
cans are sitting at home today in Kan- Watch; Liberty Coalition; Media Alliance;
SASSE).
sas, South Dakota, and all across the National Association for the Advancement of Further, if present and voting, the
country, sitting at home believing that Colored People (NAACP); National Coalition Senator from Tennessee (Mr. ALEX-
Against Censorship; Oakland Privacy; PEN ANDER) would have voted ‘‘nay.’’
they have some expectation of privacy.
The McConnell amendment pretends America; People Demanding Action; People Mr. DURBIN. I announce that the
For the American Way; Progress America; Senator from Washington (Mrs. MUR-
to limit the collection of this personal Public Citizen; Restore The Fourth; Secure
information of Americans, but it is just RAY) and the Senator from Vermont
Justice; South Asian Americans Leading To- (Mr. SANDERS) are necessarily absent.
a fake. What the amendment really gether (SAALT); TechFreedom; The Project
does is meaningless, since the Govern- for Privacy and Surveillance Accountability;
The PRESIDING OFFICER. Are there
ment cannot collect content. But no Union of Concerned Scientists; Woodhull any other Senators in the Chamber de-
one knows what that means when it Freedom Foundation; X-Lab. siring to vote?
comes to web browsing and internet Mr. WYDEN. Mr. President, I will The result was announced—yeas 59,
search history. There is no clarity in state that I think right now, during a nays 37, as follows:
the statute. There is no settled law in unique time in American history when [Rollcall Vote No. 89 Leg.]
the courts. The Supreme Court has not millions of Americans are at home and YEAS—59
weighed in. What the McConnell on line, they deserve to have the U.S.
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Baldwin Cortez Masto Gillibrand
amendment does is invite the Attorney Senate step up, defend their privacy Bennet Cramer Grassley
Blumenthal Crapo Harris
General to produce yet more secret and constitutional rights, and protect Booker Cruz Hawley
law, yet another secret interpretation, them from abuses. This is the moment Braun Daines Heinrich
designed, as these things always are, to to stand up for those millions of people Brown Duckworth Hirono
allow for the collection of the broadest who have to be at home because we Cantwell Durbin Hoeven
Cardin Enzi Kennedy
set of Americans’ most private infor- come together to deal with this con- Cassidy Ernst King
mation. tagion. Coons Gardner Klobuchar
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S2400 CONGRESSIONAL RECORD — SENATE May 13, 2020
Leahy Paul Sinema The World Trade Center Utah has ment and Innovation Act of 2011. We
Lee Peters Smith
Loeffler Reed
partnered with my team to help make provided new investments and services
Stabenow
Markey Risch Sullivan sure that local employers are able to to improve the outcomes for children
McSally Rosen Tester access small business loans and other in the foster care system.
Menendez Rounds Udall Federal relief programs. More recently, in 2018, Congress
Merkley Schatz
Moran Schumer
Van Hollen The Utah Food Bank is using mobile passed the Family First Prevention
Warren Services Act. That legislation, passed
Murkowski Scott (FL)
Wyden
pantries to safely distribute food on a
Murphy Scott (SC) regular basis throughout the State and in 2018, changed the way Federal reim-
NAYS—37 is teaming up with organizations like bursement for foster care works, allow-
Barrasso Graham Romney the Larry H. Miller Group to host ing States to provide services to par-
Blackburn Hassan Rubio statewide food drives. ents before their kids are placed into
Blunt Hyde-Smith Shaheen The Utah Farm Bureau has pur- foster care, not just after they go into
Boozman Inhofe Shelby foster care. It also ensures more kids
Burr Johnson
chased food from local farmers and has
Thune will be cared for by a family, instead of
Capito Jones Tillis
then helped to distribute it to families
Carper Kaine Toomey in need. being placed in a group setting outside
Casey Lankford Warner Project Protect, in partnership with the home. Last year, I introduced and
Collins Manchin
Cornyn McConnell
Whitehouse Intermountain, University of Utah Congress passed the Family First Tran-
Wicker Health, and Latter-day Saint Charities, sition Act to help States get moving to
Cotton Perdue
Feinstein Young this new system and do it more quick-
Portman has produced face shields, masks, and
Fischer Roberts ly.
gowns for frontline caregivers through-
NOT VOTING—4 out the State. To date, more than A lot has changed since President
Alexander Sanders 30,000 volunteers have sewn more than Reagan first announced this month of
Murray Sasse 3 million masks. May as National Foster Care Month,
The PRESIDING OFFICER. On this These are just some of the many ex- but one thing hasn’t changed, and that
vote, the yeas are 59, the nays are 37. traordinary organizations and individ- is the tireless work of one Iowan in
Under the previous order requiring 60 uals that have come together to help particular that I want to recognize
votes for the adoption of this amend- their neighbors. Our State’s pioneering today: Linda Faye Herring, of Johnson
ment, the amendment is not agreed to. heritage is a big part of what makes County, IA.
The amendment (No. 1583) was re- Utah a model of what we can do when Linda started serving as a foster par-
jected. we work together as a community. ent in the 1970s, at least a decade be-
The PRESIDING OFFICER. The Sen- I yield the floor. fore President Reagan recognized the
ator from Utah. I suggest the absence of a quorum. importance of highlighting foster care.
CORONAVIRUS The PRESIDING OFFICER. The Over the course of almost 50 years,
Mr. ROMNEY. Mr. President, count- clerk will call the roll. Linda has fostered over 600 kids. Over
less Utahns have stepped up to serve The legislative clerk proceeded to 600 kids in need of a place to call home,
our State and country during the call the roll. even if for a few days, were welcome in
COVID–19 pandemic. Their actions are Mr. CRAMER. Mr. President, I ask Linda’s home. Just think of how many
inspiring, and they help save lives. I unanimous consent that the order for lives just one person, Linda, was able
rise today to recognize some of these the quorum call be rescinded. to impact by making the decision to be
great efforts. I prefer to name individ- The PRESIDING OFFICER (Mr. ROM- a foster parent. It is not just that it is
uals and their particular cir- NEY). Without objection, it is so or- 600, although that number is staggering
cumstances, but because of the tens of dered. enough. It is the birth parents of those
thousands—even hundreds of thou- ORDER OF BUSINESS
children who, due to the help that they
sands—of people who participated, I am received from the foster care system,
Mr. CRAMER. Mr. President, I ask
going to talk about groups and organi- may have been able to treat their sub-
unanimous consent that, at 4:15 p.m.
zations. stance abuse and turn their lives
today, the Senate vote in relation to
Healthcare workers from our State around, to maybe be a mother or father
travel across our State and also across the Lee amendment, if offered.
to their children again.
our country. Intermountain Healthcare The PRESIDING OFFICER. Is there
Also, this month honors all the par-
deployed two 100-person response teams objection? ents who were able to adopt children
to New York City hospitals to help Without objection, it is so ordered.
who temporarily stayed in Linda’s
handle the surge of patients there. Mr. CRAMER. Mr. President, I yield
home.
Physicians, nurses, respiratory thera- the floor. Linda has influenced her own family
pists, and other healthcare profes- I suggest the absence of a quorum. as well, because the family that she
sionals were there for weeks, often- The PRESIDING OFFICER. The had continues her good work. It is this
times 24-hour days. clerk will call the roll. kind of example of selfless service that
In partnership with Intermountain, The legislative clerk proceeded to
caused five of Linda’s children and
University of Utah Health ramped up call the roll. three of her grandchildren to also be-
the State’s lab services, medication Mr. GRASSLEY. Mr. President, I ask
come foster parents. Foster parents de-
trials, and testing capacity, including unanimous consent that the order for
serve more recognition. They deserve
the HERO project, which has tested the quorum call be rescinded. more support, and even more services.
more than 10,000 Utahns to assess the The PRESIDING OFFICER. Without
I will continue to work here in the Sen-
disease spread throughout the State. objection, it is so ordered.
ate to try to make these goals a re-
The university’s Wellness Bus brought NATIONAL FOSTER CARE MONTH
ality.
mobile testing to underserved areas Mr. GRASSLEY. Mr. President, I If you have ever considered becoming
across our State. Groups around cam- come to the floor today to recognize a foster parent, this Senator urges you
puses are using 3–D printers to produce this month of May as National Foster to take that first step and reach out to
hundreds of face shields per day for the Care Month. In 1988, President Reagan your local child welfare agencies and
healthcare community. brought attention to the importance of tell them you are interested in being a
The businesses of Silicon Slopes have foster care. He first designated the foster parent. There is a great need out
helped expand State testing efforts month of May as a time to celebrate there for that.
and remember all of those people in
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through the ‘‘Test Utah Challenge.’’ Sometimes the numbers can seem
Tens of thousands have been tested foster care, including foster parents, overwhelming. There are over 400,000
through this program. The Utah Manu- caseworkers, and others who work to kids in foster care—some of them
facturers Association and its member- improve the lives of those in care. sleeping on the floor of their social
ship and its businesses have spear- We made some progress since that worker’s office due to the lack of avail-
headed the effort to provide a mask, time with legislation, such as the Fos- able homes to care for them. But Linda
free of charge, to every citizen of our tering Connections Act of 2008 and the is proof that just one person can make
State. Child and Family Services Improve- an incredible impact.
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May 13, 2020 CONGRESSIONAL RECORD — SENATE S2401
Over the years, I have heard from The PRESIDING OFFICER (Mr. Folks, our nation cannot weather
many kids in foster care. I make a spe- PERDUE). Without objection, it is so or- this pandemic without our essential
cial effort to hear directly from them dered. workforce. They, first and foremost,
on what they think needs to be im- CORONAVIRUS deserve our gratitude. Today, we want
proved about the system so future fos- Ms. ERNST. Mr. President, over the to say: Thank you. Thank you to our
ter children can have a better life and last few weeks and months, Iowans doctors, our nurses, and our healthcare
a better future. Do you know what? from every corner and county of our workers who see firsthand the serious-
After decades of being involved in this State have faced unforeseen challenges ness of this disease, yet put their own
subject, I hear the same thing from and hardships as a result of the COVID– health and lives at risk to care for
them. They tell me: I would like to 19 pandemic. those who are infected. Thank you to
have a home. In trying times like these, the Amer- our truckdrivers who have driven for
Why would they say they would like ican people have always banded to- thousands of hours—often back and
to have a home? They have been shift- gether and have risen to the occasion, forth on lonely roads—to keep our
ed in a 1-year period of time to two or and this pandemic is no different. This economy running and to deliver the ne-
three different foster homes in two or has been especially true in Iowa, where cessities we rely upon and often take
three different school districts. They I have seen and heard so many heart- for granted. Thank you to our farmers
say that they want a mom and a dad warming stories of Iowans stepping up who continue to work around the clock
for the same reason, because they to help other Iowans. to feed and fuel the world. Thank you
could have had three or four different Take Ann and Megan, for example, to our grocers, cashiers, and retail em-
moms and dads within the year. They two teachers in the Knoxville Commu- ployees who keep our store shelves
want to be a part of a family. Those are nity School District. These two Iowans stocked and the checkout lines moving.
the things I hear from them. Whether noticed that some of the residents at And thank you to our childcare pro-
it is the biological family getting the the West Ridge Specialty Care center viders who have continued to care for
help they need to parent their children might need some additional entertain- our kiddos throughout these tough
or whether it is a foster parent step- ment due to social distancing. So they times.
ping up to the plate, kids belong in a started an Amazon wish list and, with Folks, these frontline workers de-
family. All children deserve a safe, lov- the help of their community, were able
serve more than a heartfelt and well-
ing, permanent home. to provide games and other fun items
deserved thank you. They need to
Unfortunately, the foster care sys- for the residents to use during the day.
Then, there are the hard-working know they are appreciated for their
tem has also been impacted by the selfless service. That is why I am pro-
virus that we have all been affected by folks at the Iowa Motor Truck Associa-
tion, who are helping to provide meals posing we give these heroes a break—a
in the last 4 or 5 months. Families who tax holiday—and allow them to keep
were already vulnerable were thrown to our truckdrivers all up and down
Interstate 80. more of their hard-earned paycheck.
into unemployment and instability. Together, with the sacrifice of these
And, of course, there are the great
Children in temporary foster care essential workers, the spirit of gen-
men and women of the Iowa National
placements are remaining there for a erosity we have seen across Iowa, and
Guard, who are working around the
much longer time than usual, all be- clock to deliver medical supplies and the service of our leaders at every level
cause of canceled and delayed court materials across the State. of government, we will get through
proceedings, which makes staying in It is not just individuals. It is also this. The battle continues, but I know
the foster home longer than getting local Iowa companies and their work- that we can and we will beat COVID–19.
into a permanent home. ers who are stepping up and helping Stay safe and stay strong.
Foster parents, birth parents, and out. Kent Corporation in Muscatine I suggest the absence of a quorum.
children in foster care, all lost access has been working closely with local The PRESIDING OFFICER. The
to peer networks and other vital sup- nonprofit partners to address food inse- clerk will call the roll.
port services because of the last 4 or 5 curity for folks in their community. The bill clerk proceeded to call the
months we have been dealing with this Partnering with the Salvation Army, rollcall.
pandemic. United Way, and the Muscatine Center
Especially impacted at this time are Mrs. BLACKBURN. Mr. President, I
for Social Action, they are preparing ask unanimous consent that the order
older youth who have aged out of foster nearly 300 meals every Wednesday and
care. Youth in college lost their hous- for the quorum call be rescinded.
Thursday to be distributed to families The PRESIDING OFFICER. Without
ing when campuses closed. Those who and individuals who are in need.
were training for a career or are in the objection, it is so ordered.
Folks, while we are facing chal-
workforce have lost their jobs as well. lenging times, we have also been re- Mrs. BLACKBURN. Mr. President, I
Many of the provisions in the CARES minded of the generosity and charity of want to thank Senator ERNST for her
Act will help foster families and the the men and women across our Nation work in organizing this effort today to
youth generally who are in their care. and the tremendous courage and resil- come to the floor and talk about the
However, I will continue to work to en- ience of our workforce. Throughout the good things that are happening in our
sure that needy relief for kids and fam- COVID–19 pandemic, essential workers States. We know that the pandemic has
ilies is provided. I ask my colleagues in in the United States have continued in changed a lot about the way we live
the Senate to support my resolution their daily jobs to care for and protect and work and do business, and Ten-
marking May as National Foster Care Americans, to produce and deliver food nesseans are certainly no exception to
Month to bring awareness to the issues and essential goods, and to uphold our that.
that kids in foster care face and to Nation’s critical infrastructure. One thing that has been consistent in
honor Linda of Johnson County, the These men and women—our moms this entire episode with the pandemic
one I used as an example, who helped and dads, brothers and sisters—are put- is the way Tennesseans step up to take
600 kids—and not only Linda but all ting the livelihoods of their fellow care of one another. The numerous acts
the other foster parents who make a Americans ahead of their own. Each of kindness and graciousness that have
world of difference. That is what this and every morning, despite the pan- been shown from neighbor to neighbor
month is all about. demic, they wake up, and they go to and community to community is some-
I yield the floor. work. thing that shows the goodness of the
In this fight against the invisible American spirit. We are just blessed to
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I suggest the absence of a quorum.
The PRESIDING OFFICER (Mrs. enemy, the critical logistics operators, be home to thousands of people who
LOEFFLER). The clerk will call the roll. the supply workers, medical profes- have demonstrated their desire to help
The legislative clerk proceeded to sionals, and the many others who are make life a little bit better for their
call the roll. on the frontlines responding to neighbors and their friends and some-
Ms. ERNST. Mr. President, I ask coronavirus could not be more impor- times for people they do not know but
unanimous consent that the order for tant to our victory. They truly are our people who have expressed a certain
the quorum call be rescinded. heroes. need—people like Jeremy Hopkins.
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S2402 CONGRESSIONAL RECORD — SENATE May 13, 2020
Jeremy is from Jackson, TN. He is an I suggest the absence of a quorum. tatoes in North Dakota, particularly in
engineer at the Toyota Motor manufac- The PRESIDING OFFICER. The the Red River Valley. R.D. Offutt
turing facility that is in Jackson. He clerk will call the roll. Farms is a large producer and donated
became aware of a need for PPE at a The bill clerk proceeded to call the 37,000 pounds of frozen potatoes to the
hospital in New Orleans. A friend of his roll. Great Plains Food Bank.
made him aware of this need. Being an Mr. HOEVEN. Mr. President, I ask Another example, North Dakota
engineer, he fired up his personal 3D unanimous consent that the order for Stockmen’s Association and Founda-
computer and printer and got to work the quorum call be rescinded. tion donated $20,000 to enable this same
making face shields for the healthcare The PRESIDING OFFICER. Without food bank—the Great Plains Food
workers in New Orleans. He worked objection, it is so ordered. Bank—to purchase beef from North Da-
with Union University and some of the Mr. HOEVEN. Mr. President, I rise kota ranchers. One of the big chal-
students there—Union is located in today to join my colleagues in hon- lenges we have had out there is our
Jackson, TN—and he was able to ship oring all who have continued to work ranchers continue to raise incredible
57 shields to healthcare providers in in service to our Nation during the livestock and incredible cattle, finest
New Orleans. And then he used his re- COVID–19 pandemic. My home State cattle in the world. The tough thing is
maining materials to make another 173 and our Nation are blessed with dedi- they are getting such a poor price for
shields for clinics in West Tennessee cated citizens who have continued them. We have to figure out how to do
and Mississippi. striving to keep essential operations better because at the same time we see
Steve Archer, a U.S. Air Force vet- going amidst the challenges we face. prices going up at the grocery store,
eran and medical supply and logistics While there are many sectors that our cattle producers are not getting
technician from Fountain City, decided deserve recognition and will be men- compensated for those animals. Their
to head to New Jersey to see how he tioned by my colleagues, notably prices are going down.
could help to make certain that PPE healthcare workers, teachers, post of- We know it is tough in the processing
was delivered on time to hospitals and fice employees, grocery store workers, industry with the coronavirus, but we
nursing homes and healthcare pro- law enforcement, of course, and many have to find ways to make changes now
viders. While he was helping them, he others, I want to focus for just a and for the longer term so that our
contracted COVID–19. Since that time, minute on the critical efforts of our ag- cattlemen are treated fairly and well
he has recovered, and he is back on the riculture producers—farmers and for what they do, which is raise such a
job in Tennessee. ranchers and so many others. great quality beef product. Again,
The Knox County Baptist Disaster Maintaining the food supply chain Stockmen’s, their association, stepped
Relief team has also been working during this public health emergency is up and made donations to the food
some long days at the Sevier Heights essential—absolutely essential. As we bank.
Baptist Church. What they are doing is combat coronavirus, our farmers and Another example, North Dakota
cooking and assembling meals for the our ranchers have continued to provide Farmers Union, announced it is
homeless. the food, fuel, and fiber that we need. teaming up with the Farmers Union
Our famous distilleries—moonshine Americans truly benefit every single Enterprise to donate 30,000 pounds of
and whiskey, which they have been day from the highest quality, lowest pork ribs to the Great Plains Food
making there in Tennessee—have cost food supply in the world thanks to Bank.
changed their production to making our producers, our farmers, and our Again, these are all examples of our
mass quantities of hand sanitizers. ranchers. But as operations across the farmers and ranchers not only pro-
Our wonderful singers and song- country are impacted, food security ducing our great food supply but step-
writers and musicians and choirs are has been a particular concern. We ping up and donating as well to help
holding concerts by Zoom and online to greatly appreciate the efforts of those these people who need it.
bring some relief and happiness to peo- working to keep food on our tables This generosity immediately benefits
ple all across the globe. We are all en- from our producers to the workers. It individuals and families across the re-
joying these virtual concerts. is not only the farmers and ranchers, gion. It is helping to replenish the food
The always amazing and inspiring but it is also the workers at the ag bank’s strained inventory, which
Dolly Parton is our Tennessean of the processing facilities. serves many food panties, shelters,
Year. Dolly is reading bedtime stories We know there are real challenges soup kitchens and charitable feeding
from her Imagination Library on there—we have heard about them—but programs. These efforts drive home the
YouTube each week. we appreciate so much all those work- message that we are all in this to-
And, of course, I would be remiss if I ers at the processing facilities so we gether. Even in the face of tremendous
did not thank some wonderful women can get that food from the farmer or challenges, we find a way to make the
who decided to pull out that sewing the ranchers to, ultimately, the con- best of tough situations and take care
machine and get busy making face sumer. That is why, as chair of the of our neighbors. That is what this is
masks for critical workers all across Senate Ag Appropriations Committee, all about.
the country. Dottie Godolphin, Marilyn I worked to secure nearly $25 billion in Another farmer sent this same mes-
Thomas, Janis Blair—well, Dottie, funding to help our farmers and ranch- sage to the Nation. He took the time to
Marilyn, and Janis are seamstresses ers to keep them going. They have write while out in one of his fields. He
par excellence. They are creating these faced incredible challenges—not only wrote: ‘‘We will win the war on COVID–
masks, and they are sending them low prices but the difficulty in trade 19.’’
where there is a need all across the negotiations and really tough weather. This just demonstrates the spirit of
country. For our producers, they have been our farmers and ranchers and, of
We are known as the Volunteer State fighting real challenges for some time course, the spirit of our people across
in Tennessee. This pandemic is showing now. With this COVID–19 pandemic on America. To have this hope and char-
us that just as throughout our Nation’s top of it, it has made it very tough for ity, even when our ag producers are
history, Tennesseans have shown up them. They have hung in there and working to overcome unprecedented
when they have been called and asked continued to do what they do best, difficulties, is truly inspirational. That
to volunteer and to give their time, which is produce our food supply. They is why I come to the floor to give
their efforts, their energy, their tal- have truly stepped up during this emer- thanks to our farmers and our ranchers
ents, their resources in order to im- gency, and I think they need to be rec- who consistently go above and beyond
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prove the lives of others. We thank ognized for it and thanked for it. not only to feed our Nation but to
each and every one who is doing this. Just a couple of weeks ago, R.D. serve their communities across Amer-
And those whom I have mentioned, we Offutt Farms—one of the nation’s pre- ica.
say a special thanks for doing your mier potato growers and based in That is why we continue working
part to ease the life of others during Fargo, ND—donated 37,000 pounds of with the USDA—the Department of Ag-
this pandemic. frozen potato products to the Great riculture—to get vital assistance to
I yield the floor. Plains Food Bank. We grow a lot of po- our farmers and ranchers. We remain
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May 13, 2020 CONGRESSIONAL RECORD — SENATE S2403
committed to supporting them through center. That is a moment in my career that cause there are 1,000 more stories like
this pandemic and through a myriad of I will never forget. I was very overwhelmed this, but do you know what? Just a few
other challenges they face, just as they with the power and volume echoed from stories can give us hope, stories that
those who came to pray. It was an inspira-
support us every single day. help to shed some positivity on what is
tional depiction of community strength.
I yield the floor to my esteemed col- During this time, I found that I am now a very difficult, stressful, and lonely
league from West Virginia. more grateful for the things that I usually time.
The PRESIDING OFFICER. The Sen- take for granted, such as my family being I have said on this floor many times
ator from West Virginia. healthy. that I am an optimist, and I know we
Mrs. CAPITO. Mr. President, I thank I thank these brave nurses, and I will get through this because our coun-
my friend from North Dakota. It is thank them for their great comments. try is strong, because our States are
great to hear stories from his great I have also heard from teachers who strong, and because my West Vir-
State and to see how they are helping have gone above and beyond the duty ginians are strong. We have heard some
each other and how they are coming to in making sure their students aren’t very inspiring stories this afternoon,
each other’s benefit. Really, as some- falling behind, and they are creating and they are examples of kindnesses
body who represents a State who has programs for the students in their of- happening all across this country. This
agriculture but not in the dimensions fering support for the communities is the kind of kindness that we need
that Senator HOEVEN has, it is wonder- across our State. today. We need it every day, but we
ful to see how the ag community has Take, for example, Christy, who is a really need it today.
stepped up not only in his State but in fourth grade teacher at Warm Springs Think about all of these unsung he-
the rest of the country, and we are Intermediate School in the Eastern roes. Thank them, but also learn from
very, very grateful for that. Panhandle. She coordinated an effort them. Let’s all learn a lesson here and
We have seen so many people across with her fourth grade students to adopt spread some kindness throughout our
this country step up in so many major a senior from the Berkeley County communities.
ways. I often describe my State of West Senior Center, and through this pro- I yield the floor to my colleague from
Virginia as one big small town. We al- gram, they wrote letters. A lot of our Indiana, who has, I am sure, some more
ways help each other in times of need, seniors are living alone and are lonely inspiring stories to tell.
whether we know the person or not. and haven’t been able to get out to The PRESIDING OFFICER. The Sen-
The floods of 2016, I think, were a very connect with those seniors. ator from Indiana.
good example of that. I call it our West Many students, like those at Ripley Mr. YOUNG. Mr. President, I thank
Virginia spirit, and there is no ques- High School in Jackson County, are my colleague from West Virginia. It is
tion it has helped us through some writing encouraging letters to such a delight to serve with her and
very difficult times, like the time we healthcare workers to show them their hear the stories of so many great
are facing right now. Every day, each support. Americans from across the country
of us—and I am certainly no excep- Our first responders are also stepping who are stepping up during this time of
tion—hears stories about how someone up. I heard a very touching story about need.
or some group has stepped up to the those at the Gilmer County Volunteer We are passing through a painful pe-
plate and has gone above and beyond to Fire Department—right in the heart of riod. I think it is safe to say that it is
help one’s community, not to get at- our State—and how they are driving one we never imagined we would live
tention and not because one is forced around to different houses to celebrate through. It is one I know we will never
to, but because one genuinely, genu- the birthdays that are happening dur- forget. It is not only the infected that
inely wants to help and make a dif- ing this time. You can imagine what this pandemic has hurt, for the
ference. I join my colleagues today in that could mean to a 4- or 5-year-old coronavirus is robbing so many Ameri-
highlighting some of those unsung he- child to see a fire engine coming by in cans of their ability to earn a living. It
roes. celebration of his birthday. is taking away businesses they worked
Many of us have been able to Another inspiring story I heard was for decades to build. New anxieties are
telework. Here we are, serving in the from a constituent in Wirt County. Her everywhere, and routines are upended.
Senate. We are here at our jobs. Yet name is Deb. Deb realized the need for Our children are wondering when they
most people who are on the frontlines masks very early on, and she started will see their friends again and why
don’t have a choice. They are getting an initiative called ‘‘Sewing Faith.’’ their graduations were canceled. It is
up every day and facing the challenges She has donated materials, and she and difficult not to feel hopeless or even
of this pandemic head on, but it does the women have sewn over 2,500 masks. afraid during times like these.
not come without some sacrifice. They leave these masks on her front Congress, I know, is sending every
Kristin Schneider, who is a nurse in porch, in a sanitized container, for necessary support to workers and em-
the cardiopulmonary intensive care their healthcare workers. That makes ployers and is sending much needed
unit at CAMC in Charleston, said that it easy for them to pick them up. supplies to medical professionals and
she quarantined herself from her fam- I have heard of businesses donating hospitals. We are also removing red-
ily and friends due to the fear of giving money to pay for the gas of healthcare tape to help our economy withstand
the coronavirus to them since she cares workers. Our car dealerships are donat- this virus and speed medical innova-
for patients who have been affected by ing masks, and neighbors are donating tions to treat and to, eventually, cure
the disease. We forget sometimes that food to the hospitals and to others who people. Yet, although our govern-
our nurses and doctors and those who are not able to get to the store. Over ment—a government of the people—is
care for folks who are afflicted have the weekend, I heard of one of my sending relief and will continue to do
families too. neighbor’s children. I asked: Where is so, it is really our citizens who are
Another nurse in the same unit said: he? They said he was across the street, leading the fight outside of govern-
No one felt like a hero when we gowned up talking to Sue. Sue was widowed re- ment.
or put our goggles on. We felt privileged. We cently. She is by herself, and he went We are showing a spirit that is
got to hold the hands of our patients and to in and had a cup of coffee with her. uniquely Hoosier and, I dare say,
be their support, their friends, their family, I have heard of West Virginians tak- uniquely American. Together, we are
and advocates because their loved ones were ing to the streets during this stay-at- doing our parts, and, together, we will
not allowed to be with them at this very dif- home period and singing songs to pass through this. We see the spirit in
ficult time. the incredible heroism of our
brighten the days of their neighbors,
SSpencer on DSK126QN23PROD with SENATE
She goes on to say: and I have seen Facebook posts of healthcare workers and our caregivers.
I love my job. I love my team. I was never young people who have offered to run We owe them so much. They have been
scared to go to work. errands for seniors or for those who are asked to bear the greatest burden, and
Aspen Saunders, another emergency more vulnerable to this virus. they have answered that burden. In so
room nurse, said: This is the spirit of our country, and doing, they are sacrificing their own
The most moving gesture I witnessed was this is the spirit of my State, the West safety and coming to the rescue where
the prayer circle at the hospital’s cancer Virginia spirit. I could go on and on be- medicine cannot.
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S2404 CONGRESSIONAL RECORD — SENATE May 13, 2020
We have seen it, too, in the bravery ers across this great Nation are taking a national strategy on testing and will
from those in what we have deemed our the initiative, and to them, we say implement that strategy by having an
essential industries. We know they thank you. adequate supply so that what we say
were essential long before this crisis, Let us move forward, intent that we we can do in testing, in fact, we can do.
but it took this crisis, it seems, to real- and future generations might draw en- Despite the claims of President
ly amplify that fact. ergy from this moment forever, and let Trump, the United States does not lead
We have seen it in the actions of us resolve to find new ways to be better the world in testing. This has been a
rank-and-file Hoosiers. You know, citizens by using our God-given talents failure of the Trump administration.
across my great State, there are count- to serve others. The days ahead will America is not ahead of the curve in
less acts of courage and compassion, not be easy, but we will endure them. testing. We have a hard time even jus-
Hoosiers who leave groceries on neigh- The clouds will part, and when they do, tifying being in the middle of the
bors’ doorsteps or who print off 3–D we will care for those who have been curve. Yet America usually leads and
masks, even something as simple as to hurt. We will rebuild what we have helps to bend that curve so that we can
call an old friend. Maybe they live on lost, and we will do it with the same provide the global leadership to help
their own, and they just need a word, a spirit with which we are now fighting all people, including those in the
word so they will not feel lonely. this virus. United States. Instead, under the
In Floyd County, a florist I know Thank you. Trump administration, we have aban-
dropped off azaleas at homes around The PRESIDING OFFICER. The Sen- doned our international involvement
the area. The accompanying notes ator from Maryland. and U.S. leadership, which is not only
read: ‘‘During this time of darkness, we Mr. CARDIN. Mr. President, I am hurting the global effort, it is hurting
hope to bring you a little light.’’ I can sure all of us are hearing a common the American effort.
question from our constituents, and We need a detailed strategy on test-
say these little lights are growing
that is, As we are starting to reopen ing. We need to know that we have
across our State in this otherwise dark that strategy in place and implement
time. our States, is it safe? Does our State
it so that we can reopen safely. We
U.S. marines are taught to confront have all it needs to safely reopen? It is
need to have adequate supplies, and we
problems with creative thinking; we now clear, as 50 States are starting to
must reverse the attitude that we have
like to say to adapt, to improvise, and reopen, that they are doing so without
seen under the Trump administration
to overcome. Similarly, when Hoosiers having a vaccine in place—because a
that each State is on its own. We need
face tough situations, they roll up vaccine, at the earliest, will be avail- to have a national strategy.
their sleeves, and they ask: How can I able next year—and without thera- Maryland, like many States in the
help? When Americans combine our in- peutic drugs that can minimize the United States, has struggled to procure
novative spirit with service to others, healthcare risk of COVID–19. We are all of the components that are needed
we can meet any moment, including starting to reopen. So the question is: to perform diagnostic COVID–19 tests:
the one we are in now. In just recent How do we safely reopen? nasal swabs, viral transport media, and
weeks, I have spoken to more than Yes, we have the CDC guidelines, and chemical reagents. A lab must have all
22,000 Hoosiers, and I have been moved we should be looking at the number of components in order to test properly,
by the stories of compassion and gen- new infections in our States, at the but due to unreliable supply chains,
erosity I have heard. I thought I would number of deaths, and at the number of States do not have all of the needed
share a sampling of those with you hospitalizations and be on a trend line components at one time. For example,
today. that shows that the virus is under con- a lab may have 8,000 nasal swabs, 6,000
I heard from Maria with Sowing the trol before we reopen. Yet then there is viral transport media, and 2,000 chem-
Seed. Now, Sowing the Seed began as a a second element to safely reopening, ical reagents. The amount of testing
ministry, but it has grown into much and that is having adequate testing that lab can perform is limited to the
more than that. In fact, it is a massive available in our communities. We need number of reagents, and it has to run
community project in Vincennes. They to have adequate testing so that we the diagnostic tests.
are sewing masks for those in nursing know where the COVID–19 virus is at So, as we look to be able to have the
homes, seniors, the any given time and so that we can capacity to do what we need, we need
immunocompromised, and others dur- trace those who come down with new to make sure that we have all three
ing these challenging times. infections in order that we don’t have a elements that are necessary for these
Twila, with Sure Clean, Inc., told me massive communal spread of COVID–19, tests. States’ attempts to increase
about their efforts to sanitize over 4,000 which would cause a second wave of testing have been further hindered be-
masks. misery for our communities and for our cause there has been no action from
Willie and I connected from Jennings Nation. the Federal Government to coordinate
County. Willie is helping out his fellow So these questions are being asked of the supply chain. This week, President
veterans. He is delivering food, mowing me by people in Maryland: Can we safe- Trump announced that the Federal
grass, doing wellness checks—doing his ly reopen our businesses, and how will Government would provide States with
part. we go about doing that? Can we send 12.9 million swabs and almost 10 mil-
Sean and Ben with Olio—a startup in our children to school? How about sum- lion tubes of viral transport media to
Indiana—are helping hospitals across mer activities for our children? How help States test at least 2 percent of
the Hoosier State to coordinate patient about reopening places of worship? their population. That is a first step,
care and reduce the further spread of In each one of these cases, they have but what about the reagents needed to
this virus. to be able to know whether there is an analyze the patient’s viral sample to
Darrell, with Lifeline Youth Min- infection in their places of business, in determine if she is COVID–19 positive?
istries, is making food boxes for kids in their schools, and in their places of Again, the States will be unable to per-
Elkhart, and he has provided hundreds worship. That requires testing. The form substantial testing without all of
of meals already. challenge today is that we do not have the components. The Trump adminis-
I also spoke with Crossroads Dis- a national strategy on testing. The tration must not shirk from its respon-
tillery, Huber’s Starlight Distillery, Federal Government and the Trump sibilities and leave the States to fend
and French Lick Winery, which have administration have not acted to set for themselves.
completely revamped their operations up as to the need. How much testing do For example, only the executive
and are now producing and distributing we need to have to safely reopen our
SSpencer on DSK126QN23PROD with SENATE
branch can solve the underlying prob-
hand sanitizer. communities, and how do we develop lems of coordination in the supply
The list of those who are asking how that capacity? How do we determine chain to help States, businesses, and
they can help and who are finding inno- priorities? healthcare providers prepare for and
vative ways to do so is, frankly, too I was pleased to see that, in the bill respond to the trajectory of this pan-
long to recite here. This fight against she recently released, Speaker PELOSI demic.
the coronavirus has catalyzed our has recognized this and has provided Testing is critical. In order to reopen
American can-do spirit. Problem solv- additional Federal support to establish businesses and schools, it is imperative
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May 13, 2020 CONGRESSIONAL RECORD — SENATE S2405
for States to understand the extent of use the Defense Production Act in While this memorial service is meant
COVID–19 circulating in their commu- order to have the domestic production to honor more than 21,000 names en-
nities. True testing capacity means the of supplies we need to have adequate graved on the National Law Enforce-
ability to test all infected people and testing in our community. If we do all ment Officers Memorial, it is a solemn
any close contacts that they may have. that, then, Americans indeed will feel event to commemorate those who sac-
One measure of whether the United safe that the plans that are being im- rificed their lives in the line of duty in
States has enough testing capacity is plemented by our Governors to reopen the previous year. Currently, more
the ratio of tests that come back posi- are backed not only by sound public than 320 of the names engraved on that
tive. Roughly 15 percent of U.S. tests health recommendations but by the memorial are from Colorado. This
are positive for the virus. The World support in our community to keep year, they will be joined by three more:
Health Organization has stated that a them safe. Colorado State Patrol Corporal Daniel
positive rate below 10 percent reflects I urge my colleagues to do every- Groves, Colorado State Patrol Master
adequate testing. If the rate is higher, thing we need to make sure America Trooper William Moden, and Colorado
this means the United States is miss- has the testing capacity it needs, so Department of Corrections Sergeant
ing many active infections. For exam- that the American people understand Joshua Voth.
ple, in countries such as South Korea that and we can get beyond COVID–19. We will not have an opportunity to
that have virtually eliminated their I yield the floor. participate in the usual ceremonies to
coronavirus outbreak, the test-positive The PRESIDING OFFICER. The Sen- honor these fallen heroes this year.
rates are below 2 percent. ator from Colorado. Due to COVID–19 concerns, the 39th an-
For the past 7 days, the United NATIONAL POLICE WEEK
nual memorial service had to be can-
States has averaged around 291,000 Mr. GARDNER. Mr. President, we celed. It is an unfortunate development
tests performed each day, for a total of find ourselves celebrating National Po- to be sure, but I know that none of us
9.3 million tests performed to date. lice Week this year in a very unique are waiting for an annual gathering to
Many public health experts estimate and troubling time in our country’s honor these fallen officers. These are
that the United States would need to history. This is a week for our Nation men and women who deserve to be hon-
double or triple that number of tests to recognize the valiant service of po- ored each and every day.
performed each day to ensure that the lice officers in every community and National Police Week is intended to
country can effectively test people the sacrifices they make day in and serve as an important reminder. It re-
with symptoms and their close con- day out. Particularly now, in the midst minds the Nation that police officers
tacts and conduct ongoing surveillance of this COVID–19 pandemic, such serv- and law enforcement are an important
to detect new clusters of infection. ice has taken on new significance. part of our communities who give so
The lack of any Federal plan not Local police officers regularly put much of themselves to keep us safe,
only mars the Nation’s public health their personal safety at risk to protect
and their families also give so much to
response but also hinders any economic our friends and families. Whether they
all of us to keep us safe. It reminds law
recovery. The unemployment rate has are stopping armed robberies or help-
enforcement officers that they have
surged to a level unseen since the ing someone change a tire, these offi-
not been forgotten and that we indeed
Great Depression, the Labor Depart- cers go above and beyond in their du-
have their backs.
ties each and every day. Today, police Throughout this week we have heard
ment announced last Friday. Only
officers face a new risk in the line of and will continue to hear about the
about one-half of American adults have
duty, an infectious novel coronavirus brave men and women and their fami-
a job, the lowest number of the popu-
that is unpredictable and deadly.
lation employed since measurements lies who sacrificed not just their lives
Despite the unseen danger of this
began in 1948. but also their physical and mental
new threat, police officers and law en-
Data shows that the economic tur- health, their personal safety, and their
forcement officers around the country
moil is driven not primarily by State time and energy to keep all of us safe
continue to go into our communities
and local governments’ shelter-in-place and secure. Needless to say, as the cur-
and perform their duties to protect and
policies but by Americans’ fears that rent pandemic lingers, such stories will
to serve. Sadly, too many have already
going outside would result in illness. seen their watches end because of this become ever more startling and take
Weekly surveys of thousands of Ameri- disease. on renewed importance. We must not
cans by the Democracy Fund and In Colorado, one El Paso County forget these stories. Instead, we must
UCLA Nationscape project have found sheriff’s deputy made such a sacrifice. use them as stark reminders to provide
that a majority of Americans will not Deputy Jeff Hopkins contracted our law enforcement officers with im-
eat in a restaurant, go to the movies, COVID–19 serving his community as he mediate and long-term support to do
or return to a shopping mall even if had done since 2001. Ultimately, the their jobs safely and effectively. This is
they were told they could. Our concern disease would take his life on April 1 of especially true as police officers play
is that the Federal Government must this year, merely 1 day after he was di- an ever more critical role in the fight
partner with the States to increase agnosed. against COVID–19. Examples of such
this country’s testing capacity in order This tragedy was determined to be a support include better body armor to
to not only be able to reopen our econ- death in the line of duty. It is a poign- defend against ever-evolving weapons
omy safely but also to have Americans ant reminder of the increased risk that on the street; bolstering mental health
feel safe again. our local police officers face during care for the officers and their families,
How do we do this? Well, we first this global pandemic. It is a stark new because it is not just the officer who
need a national strategy on testing so reality for law enforcement that we goes through the mental anguish of
that we can reopen safely. To date, we must remember, as so many of us shel- service; and now the training and
still do not have that. We need the pro- ter in our homes free from such danger. equipment they need to protect their
tocols for testing. Yes, we do test peo- Normally, thousands of police offi- physical health from deadly diseases
ple who have symptoms, but we also cers and their families would travel to like COVID–19.
have to have enough testing done so Washington, DC, this week to partici- As we continue to design policies
that we know where the virus is in our pate in the annual police officers me- that address the pandemic, we must
community, because many people do morial service, a gathering to com- not forget these essential workers. Our
not have symptoms and are infected by memorate and honor the officers who cities, our neighborhoods, and our fam-
COVID–19.
SSpencer on DSK126QN23PROD with SENATE
made the ultimate sacrifice. I enjoyed ilies depend on the dedicated work of
We need to have a national supply attending many of these events and their local police officers and police
chain of the supplies necessary to con- memorials to visit with the police offi- force—a work that is too often taken
duct these tests. We need a game plan cers from Denver, Weld County, Doug- for granted, that is too often thank-
to get there. Yes, the Defense Produc- las County, and Jefferson County—offi- less.
tion Act was passed by Congress for the cers, sheriff officers, and law enforce- This week should encourage all of us
purpose of national security. As Presi- ment from around the State of Colo- to think about the sacrifices made by
dent Trump said, we are at war. Let’s rado love them. those who have sworn to protect us. It
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S2406 CONGRESSIONAL RECORD — SENATE May 13, 2020
should give us renewed motivation to followthrough at the end of it. It is a social distancing process to do in-per-
support them and help them return going to be a very straightforward son voting. They had a record 65 per-
safely to home every night. process for those very small businesses cent turnout, the highest turnout that
Additionally, I hope this week will and small not-for-profits, if that loan is they have had in 28 years, in the first
encourage all of us to reach out to $2 million or less. Now, remember, that election post-COVID–19 outbreak in the
those officers and to their families to loan covers their total payroll for 2 country. So that is a very hopeful sign
ensure they are getting the support months, so that is a truly small entity. not only that they are returning to
they need from Congress. Once you get into larger entities, life, as we are, but they have also
To all of those who defend that thin they may have a loan from $2 million worked out a process to be able to have
blue line, thank you. Thank you and to $10 million to cover their entire pay- voting and safe voting processes.
God bless. You have my enduring sup- roll expenses for 2 months. Those folks The White House has announced a
port and that of a grateful nation. will have a good-faith process that is tremendous increase in testing again—
I yield the floor. also outlined that is a very fair process last week, with 2 million COVID–19
I suggest the absence of a quorum. that has come out today as well. That tests that were done, and the target for
The PRESIDING OFFICER. The is helpful. May is to do 13 million tests just in the
clerk will call the roll. When I spoke to Secretary Mnuchin month of May. So it has been a dra-
The senior assistant legislative clerk earlier today, I thanked him for get- matic increase, as we are seeing a dou-
proceeded to call the roll. ting this done. As we have worked bling of things here.
Mr. LANKFORD. I ask unanimous through this process, I thought that There are now 79 different diagnostic
consent that the order for the quorum was the most reasonable solution to tests that have been authorized. There
call be rescinded. provide the greatest clarity and simple have been 12 different serology tests
The PRESIDING OFFICER (Mr. COT- paperwork for those very small busi- that have been authorized. The FDA
TON). Without objection, it is so or- nesses that don’t have to worry about has granted 92 emergency-use author-
dered. having to pull together a ton of docu- izations, so there is pretty fast work to
CORONAVIRUS ments for them. So, for $2 million or go through the process, knowing that
Mr. LANKFORD. Mr. President, this less for the loan, they will all be in safe this has only been a few months.
has been a busy week, walking through harbor. So far, a total of $11 billion has been
a lot of issues that are COVID–19 re- UKRAINE brought in to States and Tribes to off-
lated, a lot of individual meetings, Mr. President, I even have worked on set the cost of testing for them. In fact,
committee meetings, walking through some non-COVID-related issues this Oklahoma has received $87—almost
what we can get done in preparation week. Senator ROSEN and I made con- $88—million just to deal with the test-
for the next step. tact with the Ambassador from ing issues in our State as we continue
I met with Francis Collins very early Ukraine to talk about—in one town in to see a rapid acceleration.
yesterday morning, and we were able Ukraine, some law enforcement sent In fact, my State is due to receive
to walk through where is vaccine de- out a letter to every person in the town 90,000 swabs just this month to con-
velopment, what is happening in this saying, if you are Jewish, we need you tinue to do the testing there. So we
to register to make sure that we can have seen a pretty dramatic increase of
current timeline with different treat-
deal with crime in our community. engagement on testing, and that is ex-
ment options. We are very optimistic
That is appalling, so we contacted ceptionally helpful for us.
on some of the vaccine developments For the Treasury, they have made a
with multiple different lines of vac- the Ambassador for Ukraine and said:
Help us understand why there is leader- lot of progress in getting out the eco-
cines and very hopeful that we will nomic impact payments to people.
have a vaccine in place by this fall. ship in one of your towns that is trying
They have now sent out 130 million of
That is, we could have hundreds of to register every Jew in your town,
those. Just in my State, 1.5-plus mil-
millions—or at least tens of millions of saying that it is because of crime
lion of those economic impact pay-
different vaccines that would be issues.
They are immediately pulling that ments have been made, totaling about
ready—well over 100 million that would $2.8 billion. That is coming as direct
be ready by Christmastime, it looks back, doing an investigation, and I am
grateful to the nation of Ukraine, assistance to folks in my State. It has
like. So we are continuing to push in been a significant help to people who
that direction. which has been a very close ally and
need to get it.
I have had an untold number of con- friend of the United States—especially
The Paycheck Protection Program
versations with the Secretary of the in our pushing back against the aggres-
continues to help the smallest of busi-
Treasury over the last 5 days, talking sive Russia that is to their east—that nesses. The economic impact payments
through the Paycheck Protection Pro- Ukraine is continuing to speak out im- have gone out, even as the State is fi-
gram, trying to settle this issue of for- mediately for the basic freedoms of in- nally starting to come back alive, lit-
giveness. This has been a very big issue dividuals to live their faith and not tle by little, as we have worked
with small businesses and not-for-prof- have to be registered by a local govern- through phase 1 of reopening and now
its in my State and, quite frankly, ment. We are looking forward to an ex- are headed carefully toward a phase 2.
around the country. planation on that in the days ahead. I continue to encourage my fellow
There is no closing information on CORONAVIRUS Oklahomans to continue social
how the Paycheck Protection Program Mr. President, the vast majority of distancing; to wear a mask, which I do,
ends. They were very grateful to have the things I have worked on this week in public; and to continue to keep a
the help in the beginning, but it is set have been related to COVID–19, as we good attention to your own hygiene
up to be a loan unless you qualify for try to walk through the issues of my and take care of people who have other
it. A lot of these folks took that loan State, Oklahoma, in reopening. And health issues or people who have, espe-
that will then transition to a grant multiple States around the Nation are cially, heart issues or diabetes issues.
with the hope that everyone would be slowly trying to find ways to reopen, as They know to stay home and to keep
treated fairly, but the rules were not we see other nations doing as well. themselves protected, and I encourage
set in place. Italy, which was exceptionally hard them to continue to do that.
I spent a lot of time this weekend hit, is in the process of reopening right Now, while we are working through
and through early this week with the now. Germany, which was also very all of these things in the Senate and
Treasury Department. They released hard hit by COVID–19, is in the process trying to find practical solutions and
SSpencer on DSK126QN23PROD with SENATE
that finding today in a very simple of reopening. Spain—now fully half of trying to work through things in a
statement; that if you are a truly very Spain is in phase 1 of reopening for nonpartisan format, which is what we
small business or not-for-profit—that them as well. South Korea, exception- should do right now, taking on COVID–
is, your total loan was $2 million or ally hard hit, is not only reopening, 19, I was rather shocked yesterday
less—you will be in what they call a they have already had an election and when the House of Representatives re-
safe harbor. You are not going to have have had record-high turnout phys- leased the details of the bill that they
to worry about audits or worry about ically at the polls because they set up hope to vote on, on Friday.
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May 13, 2020 CONGRESSIONAL RECORD — SENATE S2407
This bill that they hope to vote on, Well, that is a pretty dramatic shift shocked. It is an almost $100 billion tax
on Friday, is a $3 trillion bill. That is in what we are doing. It allows people break for the top 1 percent. It is stuck
larger than the previous four bills that who are not legally present in the right in the section quietly in there, in
we have voted on combined. It is a country to actually end up with eco- the middle of the section for teachers,
pretty dramatic expansion of a lot of nomic impact payments as well. I don’t firefighters, and law enforcement.
issues that are not COVID–19 related. think most people in my State would The student loan section was also in-
As we said in the previous conversa- be someone who would agree with that, teresting to me. It provides $10,000 of
tion just a month and a half ago, what and they would want to know why we loan forgiveness to every single stu-
we focus on right now should be are trying to stick that in. dent around the country. I am sure
COVID–19 related, not trying to say it It also does some pretty massive every student would be grateful to
is a COVID–19-related bill and then changes to how immigration is actu- have that, and I am sure every family
stick a bunch of other stuff into it. ally handled. It frees a lot of people would be grateful to have this, but it
It is over 1,800 pages. In fact, just the who are currently under ICE custody was not needs-based. It wasn’t any-
summary of it—if people want to see right now. It enforces the release of thing else. It was just $10,000—a blan-
the summary document of it—is 90 those individuals. It awards Federal ket loan forgiveness for every single
pages long, just to get the summary of funding specifically to sanctuary cit- student across the entire country.
it. And it deals with a lot of issues that ies. It prevents the deportation of any- Of course, there is no liability protec-
are certainly not COVID–19 related, one who is not legally present in the tion that is anywhere in it. The Pay-
and I think a lot of Oklahomans and a United States. It provides deferred ac- check Protection Program that has
lot of other Americans would say: tion and work authorization for anyone been exceptionally important to a lot
‘‘Why did they want to stick that in who is working in a job here, regardless of small businesses wasn’t increased.
there?’’ And they just think, look over of legal status into the country, so it Some things that are really needed at
here at this big number we are going to literally takes everyone who is not le- this time are not even addressed to
give the States and look over here at gally present here and gives them legal help small businesses again or to help
this big issue and don’t pay attention status during this time period. with liability protections, which so
to these other issues. It changes the unemployment insur- many businesses and educational insti-
For instance, I understand there are ance in a way that is pretty dramatic. tutions and nonprofits are asking the
legitimate issues on trying to protect Currently, the unemployment insur- question: How do I reopen? What do I
voting and to make sure that the vot- ance is greatly plussed-up during this do? And how do I deal with the liability
ing this year can go off safely and can time period. There is an additional $600 issues? That was not addressed at all.
go off in a way that we can have great per week, per person, for anyone on un- I have a lot of concerns about this
credibility on. That is what South employment insurance. That allows an bill, beginning with just the basics of:
Korea just did with record-high turn- individual in my State to make about Why didn’t they even try to negotiate
out with in-person voting, but that is $48,000 a year on unemployment assist- with Republicans and Democrats. It
not what this bill that is coming from ance. was a straight Democratic bill in a
the House plans to do this week. The challenge is, there are many in- time we desperately need to focus on
What they plan to vote on, on Friday, dividuals who don’t make $48,000 in not putting out a partisan thing and
radically changes voting for the entire their normal job, but they are making saying look: We are trying to be able to
country, not for this year—perma- $48,000 now on unemployment assist- help, but don’t look at all these hun-
nently. It prohibits States, from here ance. This bill coming from the House dreds and hundreds of pages of things
on out, from imposing any conditions changes that because that extra $600 that are not related to COVID.
or requirements for eligibility for vot- per week expires at the end of July. It Let’s try to actually solve the prob-
ing. It gives absentee ballots mailed to changes the expiration of that deep lem that is in front of us. It is serious.
every single person. It also breaks into next spring of 2021, regardless if The issues we face dealing with health
down any voter ID laws that are in any your State is open for business or not. and the individuals who are on the
State and authorizes something called So, in my State, in Oklahoma, lit- frontlines right now at grocery stores
ballot harvesting, which has been ex- erally, it would encourage people who and healthcare facilities and hospitals
ceptionally successful in California for make less than $48,000 a year to not go and truckers and convenience stores
Democratic candidates. back to work because they could make and folks who are doing carryout
It basically allows someone to come more by staying on unemployment in- food—those folks are doing remarkable
to your door and say: Have you voted surance—not just through July but all work, and they should be encouraged,
yet absentee? If it is no, they can vote the way through the rest of this year not discouraged with a partisan bill
on the spot, and the person at your and through half of next year—regard- that is coming out here that everyone
door can then take the ballot from you less if your State is open or not, re- knows is not going to go anywhere.
and say, I will go turn it in for you. gardless if we have a vaccine or not. Let’s keep working together. What is
Well, obviously, there are lots of mo- If we have a vaccine, let’s say, in No- happening in the Senate to try to es-
ments for fraud in that. This would vember, as Francis Collins states, you tablish bipartisan agreements on
make that mandatory nationwide. would still get this unemployment pro- things, we should continue to be able
That is a major issue, to change how tection to be able to make $48,000 per to do. But flying in to do a messaging
we do voting forever and to break this year past your vaccination and deep bill worth $3 trillion that changes vot-
down. This is not the time to try to into next year. I think that is a con- ing in America and changes cannabis
cram this into a bill that is supposedly tinual problem. I think that is an laws and does all kinds of other things
about COVID–19 and do a permanent issue. is not what we need to do right now.
change on that. In the bill itself, it actually sets up a Let’s keep working, though, because
It also does some things that I was series of changes in our Federal can- there is plenty that does need to be
rather stunned by, even for some of my nabis laws, at which point I imme- done.
colleagues on the House side. It diately thought, OK, how much infor- I yield floor.
changes the economic impact pay- mation is in this bill about cannabis? The PRESIDING OFFICER. The Sen-
ments, and it takes away the require- Cannabis is actually mentioned in ator from Delaware.
ment that they have to have a Social this bill 68 times. I am not sure why Mr. CARPER. Mr. President, before
Security number. Well, if you take that is in a bill dealing with COVID–19,
SSpencer on DSK126QN23PROD with SENATE
the Senator from Oklahoma leaves the
away the requirement that it has to but it does dramatic changes in our floor, may I ask a question of him?
have a Social Security number, what it Federal cannabis laws. There is a sec- Mr. LANKFORD. Absolutely.
allows, then, is for people who are non- tion where it gives tax breaks to teach- Mr. CARPER. To my colleague
citizens to be able to get the economic ers, firefighters, and law enforcement JAMES LANKFORD, who keeps a tab on
impact payments—up to $6,000 per folks—OK, that is great, but stuck his colleagues, do you know if any of
household for any individual who is in right in the middle of that section is a our colleagues today is celebrating a
the country. tax break for billionaires, which I was birthday?
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S2408 CONGRESSIONAL RECORD — SENATE May 13, 2020
Mr. LANKFORD. You know what, in this past April to last April, and to ac- other families. Too often, these men
a colloquy with my colleague from tually see where the revenue loss is oc- and women are doing so at great per-
Delaware, I do know someone who is a curring and for us to do something sonal risk to their own health and, as
Senator— about that. I think we can find agree- it turns out, to the health of the ones
Mr. CARPER. What are his initials? ment there. they love.
Mr. LANKFORD. The Presiding Offi- Another area we can find agreement Despite the grave risks to them-
cer, the Senator from Arkansas, I be- on is when folks in States and local selves, these heroes and heroines are
lieve his birthday is today, Senator governments are incurring costs that undeterred. Day in and day out, week
COTTON. directly relate to the pandemic— in and week out they continue to serve
Mr. CARPER. TOM COTTON. One of healthcare providers, the doctors and others and continue to demonstrate, by
the TCs. We lost a really good TC, Tom nurses, folks who are like orderlies and their own courage, what leadership by
Coburn, whom Senator LANKFORD all kinds of folks who are in nursing example is all about. For that, we are
knows passed away about a month and homes, in the trenches. Public health, deeply grateful.
a half ago. It was a great loss to our first responders, firefighters, EMTs are Something that most Americans may
country, to his State, and someone doing that kind of work, and States are not know is that one in six healthcare
whom we will always celebrate here spending a lot more money to help put and social service workers—one in six—
and revere for his dedication and his them out on the streets and in nursing in this country are immigrants. When
commitment and the example he set homes doing the job. We have an obli- you add them all up, that is 3.1 million
for all of us. gation to help States and local govern- people who have chosen to make the
We are glad the Presiding Officer is ments to deal with those. United States their home and are giv-
alive and well. I am going to ask him if Another thing I hope we will do is ing back to their country, this country
I can proceed with my comments. focus on training and retraining pro- now, in profound ways. They are not a
The PRESIDING OFFICER. The Sen- grams. Unfortunately, too many busi- number. They are not a statistic. They
ator from Delaware nesses that are closed now will not re- are caring, courageous members of our
Mr. CARPER. Mr. President, I rise open. There are a lot of people who own communities and of their own
today following Senator LANKFORD. I have skills that made them employable communities.
want to say a thing or two about Sen- to existing businesses that are no Over the last 31⁄2 years—and even be-
ator LANKFORD, who is good friend, longer in existence. We need to be fo- fore that on the campaign trail—we
good colleague. We sit together in com- cused on the jobs that are out there heard Donald Trump and many other
mittee. In fact, he succeeded Tom that need to be filled and people need people around him demonize immi-
Coburn in the U.S. Senate. When Tom to be trained in. Why don’t we focus grants. He has used fearmongering to
Coburn was leaving, he said: I am leav- our retraining dollars, Federal dollars, claim that immigrants and Dreamers—
ing, but you are getting somebody bet- and marry those up with State dollars the young people here when they were
ter than me, and his name is JAMES to address that need? kids, maybe younger than kids—the
LANKFORD. I don’t know if he is any Those are just a couple of ideas that President spent a lot of time
better, but he is a worthy successor. It I think we need to focus on. I hope we fearmongering to claim that those im-
is a privilege to serve with the Senator. will work with the Governors and work migrants and Dreamers are going to
I think he knows that. with State and local officials, includ- take all of our jobs away. That just
I spend a lot of my time here trying ing mayors and county executives, and isn’t true.
to find ways not where we differ or dis- find common ground. I think there is I know a bunch of those Dreamers. A
agree but areas where we can agree. I plenty of common ground. I look for- lot of them are students at Delaware
like to say that sometimes we may not ward to working with Democrats and State University. They are students,
see eye to eye on every single policy, Republicans alike here and across the young people, whom any parent would
but we ought to agree on the prin- country to identify that. be proud to claim as their own. They
ciples. Among the principles as we ap- I say that as a recovering Governor, are some of the finest young people I
proach 4.0—the next major legislation who was once privileged to lead the Na- have met here or anyplace around the
dealing with this crisis—I hope one of tional Governors Association. My hope world.
the principles we can agree on is if is we can work closely with them, bi- While many Americans are rightly
State and local governments are hav- partisan leadership there. If we can’t following stay-at-home orders, these
ing massive losses of revenue that are do that, shame on us. I think we can. men and women are often putting their
attributable to this coronavirus crisis, That is not why I came to the floor. own health and safety at risk to do
then they deserve help in terms of re- I didn’t come here to join Senator some of the most critical jobs every
placing lost revenue. LANKFORD in celebrating your birth- day. I believe it is important that we
I will give you a couple of examples. day. Now that I am here, I am happy to recognize these immigrant healthcare
Delaware Transportation Trust Fund— note it and salute that. heroes who are playing a truly critical
we get a lot of revenues from tolls, and IMMIGRANT HEALTHCARE HEROES role in the fight to protect their fellow
I am told by our Secretary of Transpor- Mr. President, I came today to honor Americans.
tation that our toll revenue is down by the immigrant healthcare heroes on I mentioned a minute ago that there
over 50 percent. Gasoline sales and the frontlines in this battle against are 3.1 million healthcare and social
moneys that we derive from motor fuel coronavirus. I want to begin by thank- service workers in our country. Today,
taxes are also down, as I recall, by ing our majority whip, DICK DURBIN, a I want to highlight the story of one of
more than 50 percent. senior citizen. Don’t tell him I said them. Her name is Cesarina Ramirez.
It is not just Delaware, as we try to that. His staff is right here on the She is standing right here over my left
build our roads, highways, and bridges floor. The senior Senator from Illinois, shoulder. She is a nurse. She is a nurse
throughout the country and rebuild our he and I came to the House together a at one of Delaware’s federally qualified
infrastructure, improve our service million years ago, in 1982. Maybe some- community health centers. It is called
transportation infrastructure, but day he will be a senior citizen as well. Westside Family Healthcare. We only
States across the country are getting I want to thank him—all kidding have three counties in Delaware. They
not just whacked but really destroyed aside—for leading the charge and are in Northern Delaware, New Castle
with respect to our ability to continue bringing much deserved recognition for County, where two-thirds of our resi-
our transportation infrastructure pro- dents live, and also in Kent County,
SSpencer on DSK126QN23PROD with SENATE
this extra group of Americans.
grams as well. I think that is an area Across this country of ours, every which is where Dover is, the capital of
that we ought to be able to agree on. day there are doctors, there are nurses, our State, and Dover Air Force Base,
The folks at Moody’s every month there are medical support staff, there the finest Air Force base in the world.
gives us an update on how States are are healthcare workers, caretakers, Westside Family Care, like the nearly
doing—the revenue stream, their and others who are getting up every 1,400 federally qualified community
spending stream—so we have an idea to day, leaving their own families and health centers across the country,
compare this May to last May, maybe going to work on behalf of members of helps to deliver quality, primary care
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May 13, 2020 CONGRESSIONAL RECORD — SENATE S2409
services in underserved areas every mutual understanding of goals and plans to As the Presiding Officer is a military
day. Every day—without a lot of fan- improve patient care. veteran, Army, I am a veteran as well,
Taking care of patients is a privilege.
fare or acclaim—they do what my Navy, and the last Vietnam veteran
mother used to call the Lord’s work. I think it is a privilege to serve the serving in the Senate now that we do
That is what she used to call it, the people of Delaware and our country. not have John McCain.
Lord’s work. She feels that way about her patients. I am not sure what they say in the
Cesarina and her colleagues in Wil- Looking at the difference in the amount of Army when people are doing a good
mington have been serving our commu- help that can be provided to the community job, but in the Navy we say two words,
has truly been an inspiration to work hard ‘‘Bravo Zulu.’’ That means ‘‘good
nity throughout the COVID–19 pan- and try to be the best nurse I could be.
demic. I want to take the next several going.’’ In your case, grateful. Keep up
That is the end, if you will, of what the good work, Cesarina and all the
minutes to share with my colleagues
she has said. I wanted to share that other viewers across our country,
and the American people a part of her
with all of you today. whether they be native-born Americans
story, why she became a healthcare
I don’t know if Cesarina will see or folks who become Americans by
worker and why she continues this
these proceedings or hear my words or choice.
work now, serving a largely—but not
hear her words through me, but I want Thank you for giving me that extra
entirely—Spanish-speaking population,
to say thank you for that message, dispensation.
even during the hardest of times like
Cesarina. Thank you for all you are I suggest the absence of a quorum.
the times we are living in today.
doing to serve our community in Dela- The PRESIDING OFFICER. The
What I am going to do in the next
ware, even during these most difficult clerk will call the roll.
several minutes is share with you The bill clerk proceeded to call the
and challenging times. The United
Cesarina’s story. It is not in my words; roll.
States and the first State are more
it is in her words. This is what she Mr. CORNYN. Mr. President, I ask
than lucky. We are blessed that you
looks like. She works in Wilmington, unanimous consent that the order for
are on our team in this fight against
DE, not that far from where my wife the quorum call be rescinded.
the coronavirus.
and I live. I probably met her a time or To all the other immigrant The PRESIDING OFFICER. Without
two. I didn’t recognize her because she healthcare heroes who are serving their objection, it is so ordered.
had her mask on here today. Delaware fellow Americans throughout this H.R. 6172
is a little State, so you meet just about country—and to those who are fortu- Mr. CORNYN. Mr. President, both at
everybody. Here is her story—in her nate enough to have been born here home and around the world, the fight
words. and serve—we salute you. We salute to defeat the coronavirus seems all
My name is Cesarina Ramirez, and I was you. We thank you for looking out for consuming. It has changed virtually
born in the Dominican Republic. the rest of us so that we might enjoy every part of our lives, from the way
My family came to the United States when we work to how we grocery shop. It
I was seven years old, and I’m the oldest out the blessings of life, liberty, and the
pursuit of happiness. We are better for dominates our conversations, our news
of my 3 siblings. My father was a doctor in
the Dominican Republic and my mother was having you here among us. We appre- cycles, and social media feeds. It is
a teacher. ciate the lifesaving care you are pro- easy to feel like this is the only threat
As my dad got older and started his family, viding for so many of us. that the world is facing right now, but
he couldn’t help but notice all the corruption If you are out there hearing the even a pandemic isn’t enough to stop
and crime that there was in Dominican Re- sound of my voice and you are an im- those who want to bring harm to our
public. He wanted the American dream for migrant, a healthcare hero, or if you country or to the American people. As
his kids. our fight against the coronavirus
know someone who is, I would encour-
As did his wife. age you to share your story with us on wages on, our dedicated counterterror-
So, he decided to leave everything behind Twitter or Facebook. Just use the ism and counterintelligence experts
and move to the land of opportunities: the hashtag ‘‘immigrant healthcare hero.’’ continue their critical work to identify
United States of America. I am going to say that again. Use the potential threats against our country
My dad became a taxi driver. He was work- and to prevent them from being suc-
ing overnight while going to school in the
hashtag ‘‘immigrant healthcare hero.’’
We would love to highlight your story cessful.
mornings. After 3 years of hard work, he One of the most powerful tools in
graduated with an Associate’s Degree in Ra- and thank you as well.
I don’t see anyone else waiting to sa- their toolbox is the ability to covertly
diology.
Both of my parents are deceased now, but lute you on your birthday and com- gather information about bad actors.
their courage and work ethic live on in each mend you. Not seeing anyone, I will That is absolutely critical to national
[of] their children. My siblings and I could yield the floor. security. Yet our commitment to pub-
not be more grateful for their unselfish deci- I suggest the absence of a quorum. lic safety can be at odds with privacy
sion they made for us. I have been working The PRESIDING OFFICER. The and individual liberty. So we, as a
for 10 years at Westside Family Healthcare, clerk will call the roll. country, must have sincere trust in
where I’m a team medical nurse. I educate The bill clerk proceeded to call the both the people and the processes that
patients about medical conditions to help govern that activity. That is why I fear
them identify lifestyle changes that can ben-
roll.
efit their overall health and goals. The one The PRESIDING OFFICER. The Sen- that recent events have put our trust
thing that I love the most about my job is ator from Delaware. of both in grave jeopardy.
that I’m able to make a difference in some- Mr. CARPER. Mr. President, I ask Last December, the inspector general
one else’s life. unanimous consent that the order for for the Department of Justice released
As the years passed, I quickly the quorum call be rescinded. his report on the FBI’s counterintel-
The PRESIDING OFFICER. Without ligence investigation of the Trump
learned about the Spanish interpreta-
objection, it is so ordered. campaign and its purported contacts
tion among our patient population. As
Mr. CARPER. My staff was nice with Russia. This 480-page report out-
a Hispanic and with Spanish being my
enough to put this at the end of this lined a pattern of concerning behavior
first language, I recognize that some-
statement. I would get in trouble if I by those who were charged with pro-
times it is easier for a patient to speak
don’t include it. tecting and defending the United
in their native language when it comes
Once again, to Cesarina and all of her States and upholding our laws. The in-
to medical concerns. I like that I can
coworkers at Westside Family spector general has detailed a number
be the voice of the patient, and their
Healthcare, as well as the many of truly disturbing and alarming facts
SSpencer on DSK126QN23PROD with SENATE
number one advocate.
healthcare workers in Delaware and about how the Russia investigation
I have observed instances of patients re- America—throughout America—work- was conducted, specifically when it has
ceiving care from a provider that has the
ing on the frontlines of this pandemic come down to the abuse of the Foreign
same cultural background and speaks the
same language, resulting in positive health today and every day, we salute you. We Intelligence Surveillance Act. He has
care outcomes. In these cases, the patients are forever grateful for the work you identified 7 mistakes—I think he was
appear relaxed, are willing to ask necessary are doing to keep the rest of us safe being generous in calling them mis-
questions to obtain knowledge and there is a and healthy. takes—in the initial Carter Page FISA
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S2410 CONGRESSIONAL RECORD — SENATE May 13, 2020
application and an additional 10 mis- At a time when it is clearly needed, We shouldn’t confuse the tools with
takes, or errors, in 3 renewals. this bill would strengthen the congres- the people who abuse those tools. We
Now, these were not typos or mis- sional oversight of the FISA process. It know that the Attorney General, Wil-
spelled words. These were significant would also take steps to prevent future liam Barr; Chris Wray, the FBI Direc-
and material errors that misled and af- abuse of the FISA Court by requiring tor; and Mr. Durham, the U.S. attorney
fected the independent judgment of the transcripts of court proceedings and in- who has been deputized by the Attor-
FISA Court, or the Foreign Intel- creasing penalties for those who know- ney General, are currently conducting
ligence Surveillance Court. In other ingly abuse the process for inappro- investigations that will, perhaps, even
words, they presented erroneous infor- priate reasons. lead to criminal charges, indictments,
mation—sometimes by omission, some- One of the most significant changes and potential convictions of those who
times by commission—which may have we would see as a result is an end to abused these authorities in the past.
affected the decision of the Foreign In- the call detail record, or CDR, pro- That should not change our attitude
telligence Surveillance Court. gram. This program was created in 2015 toward providing these necessary
To make matters worse, even as new to replace bulk collection with a more tools—things like business record col-
and exculpatory information came to targeted approach, but the program lection, roving wiretaps, and lone wolf
light, this information was not pro- has been riddled with issues from the authority. By and large, these are tools
vided to the FISA Court. In a nutshell, start. Two years ago, the National Se- that are used by law enforcement on a
this report raised a big red flag and led curity Agency said that ‘‘technical daily basis for domestic critical cases.
to the inspector general’s conducting a irregularities’’ made it difficult to ac- Yet we are going to deny those tools to
subsequent audit on unrelated cases to tually implement the program. The Na- our counterintelligence officials? It
see how widespread the problems were, tional Security Agency received a jum- makes no sense whatsoever. Our coun-
but that audit revealed even more bled mess of call detail records from terintelligence and counterterrorism
problems. phone companies, and it was not able experts rely on those authorities to
The inspector general recently re- to separate the data records it should keep us safe, and it is time we return
leased an interim report based on a have received from the ones it should this critical tool to their toolbox. I
sample of 29 FISA applications. For not have received. As a result, it ended look forward to supporting this legisla-
four of these, the FBI could not even up deleting all of the records dating tion and to restoring these lapsed au-
locate the Woods files, which were back to 2015 when the CDR program thorities, which are critical to our na-
meant to include supporting docu- was established. Clearly, this program tional security.
ments for the claims made in the sworn was not delivering the targeted ap- I yield the floor.
applications. For the remaining 25 ap- proach it was intended to provide. In I suggest the absence of a quorum.
fact, it just created more work—all to The PRESIDING OFFICER. The
plications, an average of 20 ‘‘issues’’
end up empty handed. clerk will call the roll.
were found in each, with 1 application
This legislation will put an end to The bill clerk proceeded to call the
having 65 ‘‘issues.’’ You might as well roll.
the CDR program. The National Secu-
use the word ‘‘errors.’’ This is alarming Mr. LEAHY. Madam President, I ask
rity Agency has said the cost simply
and absolutely unacceptable. unanimous consent that the order for
outweighs the benefit, but we want to
The Foreign Intelligence Surveil- the quorum call be rescinded.
make sure we are also not wasting val-
lance Act has been amended several The PRESIDING OFFICER (Mrs.
uable human resources on a program
times over the more than 30 years that BLACKBURN). Without objection, it is so
that is failing to achieve its intended
it has been law, particularly since 9/11. ordered.
purpose. Above all, this legislation will
In light of these developments, it is AMENDMENT NO. 1584
restore authorities our counterintel-
time to, once again, strengthen the Mr. LEAHY. Madam President, I
ligence and counterterrorism experts
oversight of our Nation’s intelligence need to protect the American people. must admit that when I look around
activities and restore trust in our crit- In order for these authorities to pro- this body, it looks a little bit different
ical institutions. tect the American people and serve than when I first came here, and I will
FISA reform is part of the congres- their intended purpose, we need trust— be glad when we get back to normal. In
sional ‘‘to do’’ list. It has been for some trust in the FISA Court, trust in our the meantime, I want to say that I en-
time, and it still is. Before key provi- congressional committees, and trust in tered the Senate in the wake of Water-
sions could expire last year, Congress the professionals who actually work gate in 1975. It was a time when the
extended these authorities through with these authorities. The USA American people’s faith in their insti-
mid-March to provide time for a debate FREEDOM Reauthorization Act will go tutions, including their intelligence
over future reforms. Of course, back a long way to restoring that trust agencies, was profoundly shaken.
then, no one suspected that we would while we continue to work on longer I remember standing on this floor,
be working on a pandemic response term reforms and empower our intel- and the very first vote I cast was in
when that deadline arrived. With the ligence officials to carry out their favor of creating the Select Committee
coronavirus spreading across the coun- sworn duties. to Study Government Operations with
try, it was hardly the time to debate This bill received broad, bipartisan Respect to Intelligence Activities and
the long-term changes that should be support in the House, and I hope it will the Rights of Americans. That was
made to this program. So the Senate enjoy similar support in the Senate. called the Church Committee. It was
passed a short-term extension. Had our This legislation will ensure that these the forerunner of our Intelligence Com-
colleagues in the House passed that critical national security tools remain mittee.
bill, those authorities would have still intact while it takes serious quality Through the Committee’s work, the
been intact through the end of the control measures to prevent abuse. American people soon learned of years
month. We can’t have a repeat of the disas- of surveillance and other abuses that
Unfortunately, as we know, that is trous FISA abuse in 2016, and we can- had occurred at the hands of the U.S.
not what happened. The Foreign Intel- not allow these critical surveillance intelligence agencies. In response, the
ligence Surveillance Act’s authorities authorities to disappear. The best of Senate came together, Republicans and
expired nearly 2 months ago, and now tools can be misused by people who are Democrats together, to pass sweeping
our national security experts are with- intent on abusing their power. That is reforms to rein in this overreach.
out the tools they need to keep the what happened when the inspector gen- So much has improved over the 45
American people safe. That must years with respect to the intelligence
SSpencer on DSK126QN23PROD with SENATE
eral revealed the FISA warrants that
change. were issued against the Trump cam- agencies’ compliance with the law. I
The bipartisan bill that we are con- paign and Trump’s associates in an ef- must admit that seeing the changes
sidering today would reauthorize cer- fort to try to come up with some evi- over the years gives me a great deal of
tain FISA provisions that are impor- dence of collusion and obstruction. In confidence that we can continue to de-
tant to our national security while it the end, not even the special counsel velop. But we do know that there are
would make significant reforms to pre- was able to find enough evidence to be some inexcusable problems that re-
vent future abuses like we saw in 2016. able to make those cases. main. We have seen time and again
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May 13, 2020 CONGRESSIONAL RECORD — SENATE S2411
that the system we created with the sitive investigative matter’’ which the they now are confronted with serious
government lawyers seeking approval FBI would call an investigation involv- but solvable problems within the FISA
for surveillance in a secret surveillance ing the domestic media, a domestic re- process. I hope I have given the Senate
court falls short of protecting Ameri- ligious organization, or a public offi- and both parties something for them to
cans’ due process rights. cial. I think all of us should agree that come together.
I know a lot of our intelligence pro- in those instances we ought to have I want to thank Senator LEE for his
fessionals. I have no doubt that our in- somebody independently looking at partnership on this issue and also for
telligence professionals work very them. his steadfast devotion to protecting the
hard. They are dedicated to protecting Most critically, though, we would rights of all Americans. I am proud to
Americans, and they strive to follow leave the decision to appoint amici en- stand with Senator LEE today. I urge
the rules. I don’t doubt that at all, but tirely up to the FISA judge. Even if it all of our fellow Senators to stand with
I can’t escape the conclusion that the would fall into all of these categories us, because if you stand with us you
rules are simply not good enough. A they could still say no. As a result, the are standing up for the Constitution.
process that operates in total secrecy, argument that the expanded amici par- Support this amendment, stand with
with no checks on the government’s al- ticipation would duly burden the court the American people, and stand with
legations or portrayal of the facts at doesn’t even withstand the slightest our Constitution.
issue, is bound to fall short. When it scrutiny. If the judge believes amici I yield the floor.
comes to justice—justice which is a would not be appropriate because the The PRESIDING OFFICER. The Sen-
bedrock of our democracy—well, to say case is too time sensitive or too simple ator from Utah.
it falls short is not good enough. or too routine or for any other reason— Mr. LEE. Madam President, I call up
Last fall, the Justice Department in- any other reason—they have the dis- my amendment No. 1584 and ask that it
spector general issued a report that de- cretion to not appoint amici at all. be reported by number.
tailed 17 errors or omissions in the Under our amendment, throughout the The PRESIDING OFFICER. The
FBI’s FISA applications to surveil FISA process, the judge maintains clerk will report the amendment by
former Presidential campaign adviser complete control. It is not a burden on number.
Carter Page. While the inspector gen- the court. What it is doing is empow- The senior assistant legislative clerk
eral did not find that the mistakes ering the court. It is up to them. read as follows:
were politically motivated, those of us In reality, the number of cases that The Senator from Utah [Mr. LEE] proposes
who were at those hearings know that would have amici participation under an amendment numbered 1584.
the errors were nonetheless serious, our amendment would remain manage- (The amendment is printed in today’s
and we have since learned that they able. The cases likely to raise signifi- RECORD under ‘‘Text of Amendments.’’)
were not isolated incidents. cant civil liberties issues would almost Mr. LEE. Madam President, I ask
In March, just 2 weeks after the certainly be a small subset of applica- unanimous consent to speak for a pe-
House passed the very legislation we tions related to U.S. persons, as for- riod not to exceed 5 minutes.
are considering today, the inspector eigners abroad do not have constitu- The PRESIDING OFFICER. Without
general released an even more damning tional rights like Americans. The total objection, it is so ordered.
report. He sampled just 29 applications number of such U.S. person cases last Mr. LEE. Madam President, it has
for FISA surveillance. In those 29, he year was just over 200. been an honor and a privilege to work
found deficiencies in 25 of the 29, with Perhaps this is why the courts them- with my friend and distinguished col-
an average of 20 issues on each applica- selves would not anticipate that our league, the senior Senator from
tion. Errors included a failure to dis- amendment would create a significant Vermont, on this issue. Senator LEAHY
close all exculpatory evidence. That is financial burden. The Administrative and I have, over the past decade,
simply unacceptable. It strongly indi- Office of the Courts estimated costs to worked together on a number of
cates that something is wrong and be about $225,000 a year, which they can projects including this one, including
needs to be fixed within the FISA proc- pay for out of their discretionary budg- the USA FREEDOM Act.
ess. et. There is plenty of money in there. Senator LEAHY and I come from dif-
I joined with Senator LEE of Utah. In fact, the CBO scored the amendment ferent political parties and different
We have been working together to do as zero. ends of the political spectrum, and yet
just that—to define what the fixes But the benefits go far beyond zero. we share much in common, including a
might be. The heart of our proposal is Responding to the latest inspector gen- devotion to our families, a devotion to
to improve the amici program we cre- eral report, which found serious issues God, a devotion to this great country,
ated with the assistance of Members in 25 of the 29 FISA applications they and a devotion to the Constitution that
such as Senator BLUMENTHAL with the reviewed, we would require that the has fostered the development of the
USA FREEDOM Act of 2015. We created government turn over all material ex- greatest civilization the world has ever
a process by which the FISA Court culpatory information to the court and known. It is an honor and a privilege to
could appoint amici to provide an inde- make it available to amici, too, if one stand with Senator LEAHY in defense of
pendent perspective on certain complex is appointed. That is a basic due proc- the Fourth Amendment and the other
issues before the court. Amici do not ess protection available in every public rights articulated in our Constitution.
act as defense attorneys, representing courtroom in America. It certainly was Senator LEAHY and I have confronted
the target of the surveillance. They when I was a prosecutor. The FISA many opponents, and many opponents
serve the court. But we gave the court Court should be no exception. to the Lee-Leahy amendment have
narrow grounds to require the appoint- So, I think, with this any Senator made arguments that I think need to
ment of amici—novel or significant in- should look at what Senator LEE and I be mentioned one final time before we
terpretation of law. have done. We have an opportunity to vote on this matter. Many of them are
While amici have since served the reform our flawed surveillance authori- arguing that this amendment would
court well, they have only been ap- ties. These opportunities don’t come by somehow hamper the ability of the
pointed 16 times over the last 5 years. often. We shouldn’t squander it, espe- FISA Court to approve applications
We have to do more to encourage the cially when the Justice Department’s quickly in the case of an emergency.
appointment of amici in cases that in- own inspector general has been alert- This is simply untrue. In all these cir-
volve serious constitutional issues. ing us of the widespread problems with- cumstances in which it would apply,
My amendment with Senator LEE in the FISA process. our amendment would allow the FISA
SSpencer on DSK126QN23PROD with SENATE
would create a presumption of amici After the Church Committee found Court to issue a finding saying the ap-
participation in cases involving signifi- abuses within our intelligence agen- pointment of amicus would, in that cir-
cant First Amendment issues, not just cies, something I first learned of when cumstance, be inappropriate. This the
‘‘exceptional concerns’’ as in the House I got elected to the Senate, I saw the FISA Court could do in a single sen-
bill. Importantly, we also create a pre- Senate come together, Republicans and tence.
sumption of amici participation when Democrats, to respond decisively. The FBI or some of its proclaimed
the FBI considers the case to be a ‘‘sen- While much has improved since then, self-appointed defenders also complain
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S2412 CONGRESSIONAL RECORD — SENATE May 13, 2020
that this might make it harder for place 4 years ago with the USA FREE- NOT VOTING—4
them to get surveillance applications DOM Act. Alexander Sanders
approved. Let me just remind everyone I truly believe that we can find a Murray Sasse
that we are talking about the rights of proper balance here between privacy The PRESIDING OFFICER. Under
U.S. persons—that is, of U.S. citizens and security. I also believe that our the previous order requiring 60 votes
and lawful permanent residents of the privacy and our security are not at for the adoption of this amendment,
United States. These are rights that odds. Our privacy is, indeed, a part of the amendment is agreed to.
deserve to be protected. We have to re- our security and our security part of The amendment (No. 1584) was agreed
member that the purpose of the Con- our privacy. You cannot have one with- to.
stitution is not to make it easier to out the other. The PRESIDING OFFICER. The Sen-
govern. The purpose of the Constitu- The Lee-Leahy amendment brings us ator from Colorado.
tion is to provide structure and limita- Mr. GARDNER. Mr. President, I wish
closer to that balance. I invite all my
tions on government because govern- to congratulate my colleague from
colleagues to support it and look for-
ments sometimes make mistakes. Utah for his extraordinary work to
ward to the moment, not far from now,
I find it especially tone deaf that the continue to protect the civil liberties
when we will pass it.
very agency—the very Bureau—that of the people of this country.
I yield the floor.
has now been found to have been in vio- f
lation of its own policies and proce- VOTE ON AMENDMENT NO. 1584
NATIONAL SUICIDE HOTLINE
dures—in not just one but two inspec- The PRESIDING OFFICER. Under
DESIGNATION ACT OF 2019
tor general reports in the past year— the previous order, the question is on
for failing to follow its own policies is agreeing to the amendment. Mr. GARDNER. Mr. President, in a
now the agency that many people are Mr. LEE. I ask for the yeas and nays. Chamber that has seen more than its
trying to defend in saying that we The PRESIDING OFFICER. Is there a fair share of life-or-death matters, es-
can’t inform the American people of sufficient second? pecially the last several months, this
what is going on and we can’t improve bill that I am about to ask for unani-
There appears to be a sufficient sec-
the process by which that agency oper- mous consent to pass before the Sen-
ond.
ates. ate, the creation of the 988 National
The clerk will call the roll. Suicide Hotline bill, is a bill that gives
Power is always vulnerable to abuse. The senior assistant legislative clerk
Warnings were made when this process hope to life.
called the roll. This bill will save lives. It has been
was put into place, and exactly the
Mr. THUNE. The following Senators an honor to work on this legislation so
kinds of abuses that we have now seen
are necessarily absent: the Senator we can come together as a Chamber, as
are the types of abuses that have oc-
from Tennessee (Mr. ALEXANDER) and a Congress, as a nation, to do all we
curred over and over or are the same
the Senator from Nebraska (Mr. can to save those precious lives, those
ones that were foreseen.
This isn’t an indictment of any one SASSE). precious voices, that we lose too often.
Further, if present and voting, the In Colorado, we lose someone to sui-
agency or administration or person or
Senator from Tennessee (Mr. ALEX- cide every 7 hours. The bill that we are
political party. It is an affirmation of
ANDER) would have voted ‘‘yea.’’ about to pass can change that. We can
the Founding Fathers’ trust in the
Mr. DURBIN. I announce that the all change that with responsible ac-
checks and balances that they put in
Senator from Washington (Mrs. MUR- tions, more funding, more efforts, and
place in our founding document. James
RAY) and the Senator from Vermont this is our start to continue the great
Madison so eloquently expressed this
(Mr. SANDERS) are necessarily absent. work that has been done, to build on
principle in Federalist 51:
The PRESIDING OFFICER (Mr. the work that we know needs to be
If men were angels, no government would
CRAMER). Are there any other Senators done, to create a 3-digit 988 national
be necessary. If angels were to govern men,
neither external or internal controls on gov- in the Chamber desiring to vote or hotline to prevent suicide.
ernment would be necessary. In framing a change their vote? I ask unanimous consent that the
government which is to be administered by Committee on Commerce, Science, and
The result was announced—yeas 77,
men over men, the great difficulty lies in Transportation be discharged and the
nays 19, as follows:
this: We must first enable the government to Senate proceed to the immediate con-
control the governed; and in the next place, [Rollcall Vote No. 90 Leg.] sideration of S. 2661.
oblige it to control itself. YEAS—77 The PRESIDING OFFICER. The
We cannot—notwithstanding the urg- Baldwin Gillibrand Perdue clerk will report the bill by title.
ing of many—simply wave our hands Barrasso Grassley Peters The senior assistant legislative clerk
Bennet Harris Portman read as follows:
and say: No, we don’t have to worry Blackburn Hassan Reed
about this. It is OK because we have to Blumenthal Hawley
A bill (S. 2661) to amend the Communica-
Risch
worry about national security or it is Booker Heinrich tions Act of 1934 to designate 9–8-8 as the
Rosen
OK because this is about foreign intel- Braun Hirono Rounds
universal telephone number for the purpose
Brown Hoeven Schatz of the national suicide prevention and men-
ligence or this is about foreign intel- Cantwell Johnson tal health crisis hotline system operating
Schumer
ligence gathering. Cardin Jones Scott (FL) through the National Suicide Prevention
We know that what the Lee-Leahy Carper Kaine
Scott (SC) Lifeline and through the Veterans Crisis
amendment is designed to protect are Casey Kennedy
Shaheen Line, and for other purposes.
Cassidy King
the rights of the American people—of Collins Klobuchar
Sinema The PRESIDING OFFICER. Is there
U.S. persons—U.S. citizens and lawful Smith
Coons Lankford objection to proceeding to the meas-
Stabenow
permanent residents. Reforms in this Cortez Masto Leahy
Sullivan ure?
Cramer Lee
amendment do not take anything away Crapo Loeffler Tester There being no objection, the com-
from the National Security Agency— Cruz Markey Tillis mittee was discharged, and the Senate
nothing. We are just injecting greater Daines McSally Toomey
proceeded to consider the bill.
Duckworth Menendez Udall
fairness and accountability into this Van Hollen
Mr. GARDNER. I ask unanimous con-
Durbin Merkley
process. Enzi Moran Warren sent that the Gardner substitute
Insofar as we decide to have these Ernst Murkowski Whitehouse amendment at the desk be agreed to
programs, we have to have someone ac- Feinstein Murphy Wicker and that the bill, as amended, be con-
Gardner Paul Wyden
SSpencer on DSK126QN23PROD with SENATE
countable in them. We have to have a sidered read a third time.
process by which the information NAYS—19 The PRESIDING OFFICER. Without
brought to bear within the Foreign In- Blunt Graham Rubio objection, it is so ordered.
telligence Surveillance Act Court is ac- Boozman Hyde-Smith Shelby The amendment (No. 1585) was agreed
countable and reviewable by someone. Burr Inhofe Thune to as follows:
It makes sense to expand incremen- Capito Manchin Warner
Cornyn McConnell
(Purpose: In the nature of a substitute)
Young
tally, mildly, but necessarily, the ami- Cotton Roberts Strike all after the enacting clause and in-
cus curiae provisions that were put in Fischer Romney sert the following:
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