Senate Floor Record on H.R. 6172 and Coronavirus Response, May 14, 2020 — Congressional Record
Summary
Page S2432 of the Senate section of the Congressional Record for May 14, 2020, headed Senate Floor Record on H.R. 6172 and Coronavirus Response, in interleaved columns. A speaker criticizes the House Democrats' bill as failing even as a messaging bill, and quotes former Vice President Biden calling the tragedy an incredible opportunity to transform the country, which is that speaker's view. The speaker says strong legal protections will be a hard redline in any future legislation. Another passage concerns a 1969 mishap outside the defined combat zone of Vietnam, and the Chair puts the question on passage of a bill.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“Senate Floor Record on H.R. 6172 and Coronavirus Response, May 14, 2020 — Congressional Record.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-05-14-crec-2020-05-14-pt1-pgs2432-3-d2ee740128/
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S2432 CONGRESSIONAL RECORD — SENATE May 14, 2020
stations are still unmanned, but the Forget about making law; this thing leagues and I have made clear, strong
Democrats cannot stop salivating over even fails as a messaging bill. That is legal protections will be a hard redline
the possibilities for partisan gain. what is so remarkable. The House in any future legislation.
Former Vice President Biden says he Democrats had a blank slate to write That is what is happening here in the
sees this tragedy as an ‘‘incredible op- anything they wanted to define the Senate—serious leadership on a serious
portunity . . . to fundamentally trans- modern Democratic Party—any vision crisis like we have been doing for
form the country.’’ Biden said it is an for the society that they wanted—and months. This half of the Capitol is
‘‘incredible opportunity . . . to fun- here is what they chose: tax hikes on doing our job.
damentally transform the country.’’ small businesses, giveaways to blue f
Speaker PELOSI said: ‘‘I see every- State millionaires, government checks
thing as an opportunity.’’ for illegal immigrants, and sending di- RESERVATION OF LEADER TIME
A cochair of the Congressional Pro- versity detectives to inspect the pot in- The PRESIDING OFFICER. Under
gressive Caucus said: ‘‘For me, the le- dustry. The House gave itself no as- the previous order, the leadership time
verage is that there is enormous suf- signments for 2 months except to de- is reserved.
fering.’’ ‘‘The leverage is that there is velop this proposal. Yet it still reads
enormous suffering.’’ There are 80,000 f
like the Speaker of the House pasted
Americans who have died and more together some random ideas from her CONCLUSION OF MORNING
than 20 million who have lost their most liberal Members and slapped the BUSINESS
jobs. I call that a crisis; they call it le- word ‘‘coronavirus’’ on top of it—an
verage. The PRESIDING OFFICER. Morning
unserious product from an unserious business is closed.
This week, the Speaker published an
House majority that has spent months
1,800-page seasonal catalog of leftwing f
oddities and called it a coronavirus re- dealing itself out of the crisis.
The House Democrats have been LEGISLATIVE SESSION
lief bill. So here we go again. It in-
missing in action for months. While
cludes a massive Tax Code giveaway to
the Senate was passing the CARES
high earners in blue States. Working
Act, the Democratic House was on the USA FREEDOM REAUTHORIZATION
families are struggling to put food on
sidelines substantively and literally. ACT OF 2020—Continued
the table, but the House Democrats are
They had already gone home. Nearly 2 The PRESIDING OFFICER. Under
prioritizing millionaires on the coasts.
months later, the Senators are back at the previous order, the Senate will re-
It would print another round of
checks—listen to this—specifically for our duty stations with new pre- sume consideration of H.R. 6172, which
illegal immigrants. Can you believe it? cautions. We have been back for 2 the clerk will report.
We forgot to have the Treasury Depart- weeks. We are holding major hearings The senior assistant legislative clerk
ment send money to people who are on the pandemic. We are legislating read as follows:
here illegally. My goodness. What an and confirming nominees. Yet the
A bill (H.R. 6172) to amend the Foreign In-
oversight. Thank goodness the Demo- House is still at home. And when it telligence Surveillance Act of 1978 to pro-
crats are on the case. does contribute, it is not serious. hibit the production of certain business
The Speaker’s bill also tries to use The House Democrats have checked records, and for other purposes.
the virus as cover to implement sweep- out of this crisis and left governing up
The PRESIDING OFFICER. The ma-
ing changes to election laws that the to the Senate. They even intend to
jority whip.
Democrats have literally wanted for shatter congressional history and jam
CORONAVIRUS
years, like forcing every single State through remote voting so they can con-
tinue to be counterproductive from the Mr. THUNE. Madam President, as
to embrace California’s sketchy ballot the majority leader just pointed out,
harvesting whether they want to or comfort of their homes. Let me say
that again. They even intend to shatter the Senate has been and will be focused
not. on responding to the coronavirus crisis
Then there is the cherry on top. It is congressional history and jam through
remote voting so they can continue to in this country in a way that hopefully
the bold new policy from the Wash-
be counterproductive from the comfort will enable the American people to re-
ington Democrats that will kick the
coronavirus to the curb and save Amer- of their own homes. cover and that will restore our econ-
ican families from this crisis. Here it Look, here in the real world, the Sen- omy—that will get things back to nor-
is—new annual studies on diversity and ate Republicans are working seriously mal. As he pointed out, that requires
inclusion within the cannabis industry. to help the country reopen. The crush- dealing with the health emergency as
There is not one study but two of them. ing unemployment figures, even with well as with the economic emergency
Let me say that again. The Democrats’ the CARES Act, show that no amount crisis that has been created by this.
supposed coronavirus bill includes tax- of Federal spending could substitute With respect to the health emer-
payer-funded studies to measure diver- for the entirety of the U.S. economy. gency, the leader pointed out that
sity and inclusion among the people We need to be smart, and we need to be there are literally tens of billions of
who profit off of marijuana. safe, but we have to find a more sus- dollars being spent now on vaccine re-
The word ‘‘cannabis’’ appears in this tainable middle ground. search, on anti-viral therapeutics, and
bill 68 times—more times than the This week, Chairman ALEXANDER and on testing. We believe that, in order for
word ‘‘job’’ and 4 times as much as the the Committee on Health, Education, us to get our economy fully back, we
word ‘‘hire.’’ Maybe that is just as well Labor, and Pensions heard from Dr. have to deal with the health emergency
because when their proposal does try to Fauci, Dr. Redfield, and other top ex- in front of us, so dollars have been
treat the economic crisis, it proposes perts on exactly this subject. There are made available—hundreds of billions of
stifling, anti-work policies that would at least two big things our Nation will dollars—to healthcare providers, hos-
only make it harder for Americans to need to start recovering: stepped-up pitals, doctors, nursing homes, and pro-
get their jobs back. For example, they testing nationwide and legal liability viders who are on the frontlines of this
literally propose to raise taxes on protections so that K–12 schools, uni- crisis and trying to deal with the chal-
small business and drain more cash versities, charities, and employers are lenges it presents every single day.
from Main Street during a Main Street not invaded by trial lawyers the in- That is what we have focused on. In ad-
meltdown. So maybe it is best if the stant they unlock their doors. dition, we have focused on the eco-
On testing, fortunately, the Senate nomic crisis and the impact it has had
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House Democrats focus on cannabis
studies and leave economics to the rest has already done a great deal. The ex- on our small businesses and on our
of us. ecutive branch and especially the workers.
This is a totally unserious effort. States are in the driver’s seat, but we Everything that has been included in
Even the mainstream media says: have already sent billions of dollars to the bills that have already been passed
‘‘Neither this bill nor anything resem- help scale up testing nationwide. On here in the U.S. Senate—now we have
bling it will ever become law. It’s a legal liability reform, the work lies No. 4—and have been signed into law
Democratic wish list.’’ ahead of us. As my Republican col- by the President have been singularly
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May 14, 2020 CONGRESSIONAL RECORD — SENATE S2433
focused on trying to assist people and page bill, they mention ‘‘cannabis’’ Every day, our law enforcement and
get them through this time as a bridge way more times than they mention intelligence personnel are engaged in
to hopefully get the worst of this be- ‘‘jobs.’’ The amazing thing about this— the difficult and, at times, dangerous
hind us and get us to a time at which and they will come here and argue that work of tracking terrorist threats. We
the economy begins to open up again. the Republicans’ proposals benefit the need to make sure they have the tools
Clearly, the focus was on helping wealthy, benefit the rich. As I just they need to do their jobs and to keep
families directly, making sure those pointed out very clearly, it is the oppo- Americans safe. The bill before us com-
families who particularly needed the site that is true, for it has been di- bines extensions of these key anti-ter-
help the most got some additional fi- rected directly at families and work- rorism tools with new accountability
nancial assistance. So checks went ers. Everything we have done has been measures that will ensure that law en-
out—$1,200 per individual, $2,400 per designed to keep jobs, to be very pro- forcement is held to the highest stand-
married couple, and $500 for each addi- worker. ards when pursuing surveillance of sus-
tional child—as direct assistance. It Yet, in part of the 1,815-page proposal pected terrorists and foreign agents.
went into the pockets of families that the Democrats have out there, I urge my colleagues to support this
across this country. they have a couple of tax proposals, legislation when we vote on it later
Then, with respect to workers and one of which would deliver 56 percent today.
small businesses, there was the Pay- of that tax cut to the top 1 percent of REMEMBERING TOM COBURN
check Protection Program, which by the wage earners in the country. This Madam President, I would like to
all accounts has been very, very suc- is 56 percent of the benefit of a pro- take a moment to pay tribute to my
cessful. I think the reason for that is posal under the House Democrats’ fan- friend and a former Member of this
that businesses across this country rec- tasy wish list that would go to the top body, Senator Tom Coburn, who died in
ognize that they, too, want to keep 1 percent of the earners in this coun- March.
their employees employed. They do try. Now, that doesn’t sound to me like Tom and I first met in the House of
want to keep those jobs, hopefully, something that is very pro-worker or Representatives, where we both served,
until that time when the economy and then came to the Senate at the
that is trying to help people who are in
same time as part of the class of 2005.
starts to open up again, so they heavily the lower income categories, who are I have been privileged to meet many
subscribe to this program. suffering the most economically as a principled men and women in my time
Interestingly enough, there has been result of the coronavirus crisis. It in public service, but Tom, literally,
a lot of talk on the other side, as there seems, to me at least, like something was one in a million. He was fiercely
usually is—a demagoging of how this that is sort of a payoff to some of their principled and uncompromising, often
helps rich people and all of that. Yet big donors and to the big blue States. to the chagrin of fellow Senators. He
the average loan in the most recent Nonetheless, that is a feature of the
didn’t care if he were 1 against 99 if he
round of PPP funding is about $80,000 1,815-page bill that the leader just de- believed he was in the right. He stuck
on a payroll of about $28,000. Businesses scribed and talked about. It is one of to his guns come hell or high water. He
can use that principally for payroll. many features—part of the permanent voted against politically popular legis-
Seventy-five percent has to be used to agenda—that has nothing to do with lation and bills that no other Senator
be able to keep their employees em- solving the crisis in front of the Amer- would oppose. Yet he held the enduring
ployed, to keep their workers em- ican people right now but has entirely respect of his constituents and, indeed,
ployed, to keep those jobs there, while to do with an ideological wish list. of his colleagues, proving that some-
25 percent has to be used for some fixed They are all of the things that have times principle can win you more last-
cost, which might be utilities, which been on their agenda for a really long ing friendship than compromise. He
might be rent, which might be debt time, none of which should ever be con- was here for a purpose—in particular,
service, those types of things. The sidered seriously in terms of dealing to protect our children and grand-
whole purpose of the program is to with the crisis that is in front of us children from the burden of an ever-in-
keep workers employed. It is a pro- right now. creasing national debt by exposing gov-
worker program, and it has been from As I said, responding to this ernment waste and Washington’s
the very beginning. coronavirus crisis has been and will spending habits.
Then also, for those who through no continue to be at the top of our agenda He got into fierce fights on the floor
fault of their own have lost jobs and for the foreseeable future. in service to that mission, but he knew
have been laid off, there has been a sig- H.R. 6172 how to keep fights to the office. Prick-
nificant plus-up in the unemployment Madam President, in addition to our ly on the floor, outside of it, he was
insurance accounts—to the tune of $600 pandemic response, the Senate is also warm and personable, and he didn’t let
per person per week for individuals in focused on the other priorities on politics get in the way of friendships.
this country—on top of what their which the American people are relying As he once said himself, he disagreed
States might already pay. There is a on us to take care of—from funding the with President Obama on 95 percent of
significant number of dollars being put government to protecting our Nation. the issues, but that didn’t stop him
out there for people who have lost jobs This week, the Senate is taking up from developing a lasting friendship
through no fault of their own. legislation to reauthorize three expired with the President or from working
These are pro-worker pieces of legis- provisions of the Foreign Intelligence with him on legislation when he was in
lation, pro-unemployed people legisla- Surveillance Act, including the provi- the Senate.
tion. These are pro-small business— sion that allows the FBI to wiretap No discussion of Tom would be com-
keeping those small businesses work- lone wolf terrorists—terrorists not af- plete without mentioning his deep
ing out there. Obviously, they are very filiated with a specific terrorist organi- faith. He was an outspoken witness for
much pro-health emergency—trying to zation—and the roving wiretap provi- Christ. If you were his friend, as I was
drive dollars toward the solutions, the sion that prevents the FBI from having privileged to be, he was interested not
cures, the vaccines, the anti-viral to seek a new wiretap warrant each just in your present good but in your
therapeutics, and the testing that are time a terrorist suspect changes his eternal good as well.
necessary to help us get through this. phone number. As I said earlier, Tom Coburn was
That is what Republicans here in the These provisions lapsed in March, one in a million, and it will be a long
Senate have been focused on for the after the House blocked a temporary time before we see his like again. That
past several months and will continue extension that was passed unanimously
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is a particularly great loss because the
to be focused on in the future. in the Senate, leaving law enforcement Senate should always have a Tom
As the leader pointed out, the House and intelligence officials without key Coburn—a man or woman of uncompro-
Democrats, who are not here but who, tools in their anti-terrorism fight. I ex- mising principle, of fierce dedication to
remarkably, from afar have evidently pect the Senate will pass this bill the national good, someone willing to
put together this fantasy wish list of today, and I hope the House will move stand alone in defense of the right, who
things they would like to see accom- quickly to send it to the President’s provides a constant reminder that prin-
plished—if you can imagine an 1,815- desk. ciple is more important than politics
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S2434 CONGRESSIONAL RECORD — SENATE May 14, 2020
and that what is important is not win- looking to what kind of State they are a hearing on the shortage of PPE,
ning elections but doing the right in. So the Governors are calling for which our workers on the frontline so
thing. help. States, cities, and localities are desperately need, but all of a sudden,
My thoughts and prayers are with his being forced to lay off teachers, police they have time to use a Senate com-
wife, Carolyn, and his daughters, officers, firefighters, and food health mittee to try to slander the President’s
Callie, Katie, and Sarah, and his nine safety workers. It is Governors of both political opponent? What world are
grandchildren. parties. Listen to the NGA, led by a Re- they in? How out of touch can they be?
Your husband, your father, and your publican Governor. They need to get We are in the middle of a public
grandfather is sorely missed. unanimous consent for most of the health and economic crisis, and Senate
I yield the floor. things they do. Republicans are diving head-first into
RECOGNITION OF THE MINORITY LEADER It is not just Governors and politi- the muck, pursuing diversionary, par-
The PRESIDING OFFICER (Mr. cians. The Chairman of the Federal Re- tisan conspiracy theories to prop up
SCOTT of Florida). The Democratic serve, Jerome Powell—hardly a Demo- President Trump when President
leader is recognized. crat—a Trump appointee, said yester- Trump should be focusing on solving
CORONAVIRUS day that ‘‘the scope and speed of this this crisis—once again trying to
Mr. SCHUMER. Mr. President, it has downturn are without modern prece- achieve what the President tried to
been 2 weeks since Leader MCCONNELL dent, significantly worse than any re- achieve in the Ukraine scandal by an-
called us back into session. In that cession since World War II.’’ He went other means, sullying his opponent
time, it was announced that 30 million on to say that ‘‘additional fiscal sup- with baseless conspiracy theories.
Americans filed for unemployment. port could be costly but worth it, if it Don’t our Republican friends see the
Just this morning, we learned another helps avoid long-term economic dam- folly of following President Trump in
3 million Americans filed jobless age and leaves us with a stronger re- this regard? Don’t they know the
claims this week. Yet the Republican covery.’’ That is the Chairman of the American people are wise to this kind
leader has scheduled exactly zero Federal Reserve, Jay Powell, appointed of stuff? There are over 30 million peo-
votes—zero—on legislation related to by President Trump, telling Repub- ple without work, tens of thousands
the coronavirus. Instead, Leader licans to get off their hands and do losing their lives, and pursuing base-
MCCONNELL has resisted urgent and something. Powell has used almost less conspiracy theories is what the Re-
necessary action to fight the pandemic. every tool in his monetary toolkit. He publican majority seems to be focused
He said that now is the time to ‘‘press knows we need fiscal relief—more of it. on.
the pause button.’’ Tell that to some- But Leader MCCONNELL has so far re- Unfortunately, Republicans in Con-
one trying to feed his or her children. jected doing another emergency relief gress aren’t the only ones unwilling to
Tell that to some small business person bill. His party is slowly drafting legis- do the urgent and necessary work of
who has kept a business going for 20 lation to give legal immunity to big the moment. President Trump and his
years and now is ready to go bankrupt. corporations that put workers in dan- administration are guilty of the same
Tell that to workers at every level of gerous situations. offense. Yesterday, Dr. Fauci—one of
this economy who are losing their jobs. That is not the nub of the issue. We the most respected health experts in
Time to press the pause button when know that. We have so many diversions the country—warned that the reopen-
we have faced the greatest health and on the Republican side—liability, ing of schools and businesses too quick-
economic crisis since the Depression? China. Let’s solve the problem right ly could lead to unnecessary suffering
MCCONNELL has said Republicans now. What are we going to do for peo- and death. Asked about Dr. Fauci’s
have yet to ‘‘feel the urgency of acting ple who are out of work? What are we comments, President Trump said Dr.
immediately.’’ How many of our Re- going to do for people who can’t feed Fauci ‘‘wants to play all sides of the
publican Senators have yet to feel the their families? What are we going to do equation. . . . [T]o me—it’s not an ac-
urgency of acting immediately? How for businesses that are going under? ceptable answer.’’
many? I would urge the constituents of Senate Democrats have had to re- President Trump, Dr. Fauci isn’t
Senators in every State to call them lentlessly pressure our Republican col- playing all sides of the equation. He is
and ask them that question. Do you leagues to hold even the most routine giving you one side of the equation: the
agree with Senator MCCONNELL that we oversight hearings on the coronavirus. truth—the truth, President Trump,
have yet to feel the urgency of acting Our Republican colleagues say: Well, without you lurking over his shoulder
immediately? Well, I could give our Re- we don’t want to spend any more or contradicting him at a press con-
publican colleagues more than 30 mil- money; we have to know how it is ference or yelling at a reporter who
lion reasons to feel the urgency of act- spent. Yet they are not having a whole asks a legitimate question.
ing immediately. raft of hearings that they should to see We don’t need Dr. Fauci to tell us
We are staring at a period of pro- how the money is spent. Instead, they there are risks to reopening too soon
longed economic misery for millions of are talking about appointing rightwing and without proper preparation. That
American workers and families—Amer- judges who want to repeal healthcare is obvious to just about everyone. That
icans who for the first time don’t know to the bench. Wow. How out of touch. is the truth. But President Trump just
if they will be able to keep a roof over The Republican leader made sure the inveterately abases the truth if it
their heads, put food on the table, pay Judiciary Committee had time to con- doesn’t fit with the fantasy he has con-
the rent; Americans who for the first sider his protege, a rightwing judge, to structed in his head. The first fantasy
time are waiting in staggering lines at sit on the second most powerful court was that it was a hoax. The second fan-
food banks, cars lined up for miles, in the country, even though there is no tasy was that it will go away in the
snaked across parking lots, people who particular need for that nomination at warm weather.
would never have imagined they would the moment. Well, here we are. It is May. Has it
be lining up at a food bank. How long The chairman of the Senate Home- gone away, Mr. Trump? Is it a hoax,
will it take and how much economic land Security and Government Affairs Mr. Trump? No, of course not.
hardship will suffice before Senate Re- Committee told committee members Now, one of his latest—that Fauci is
publicans feel the urgency to act? that next week he was planning on making things up or is wrong. He will
It is not just Democrats who are delving into baseless, Kremlin-con- rush us back to work before we have
pleading with the Republican majority cocted conspiracy theories against the the proper testing, and we will pay a
to wake up to the economic reality in son of Joe Biden, the Democratic nomi- price. That is what the scientists tell
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this country—oh, no. Governors span- nee for President. Russia comes up us, and they know best. They are not
ning the country in both parties know with a theory, and the Republicans em- politicians.
darn well that this is not a blue State/ brace it instead of doing what they are Thankfully, in this big, grand, di-
red State issue. How cheap. A fire- supposed to be doing. verse, and beautiful country, you can-
fighter who is laid off in Florida and a The Republican majority doesn’t not suppress the truth for too long.
firefighter who is laid off in New York have time to call in the SBA Adminis- Over the past week, a parade of truth
are both hurting, and they are not trator or FEMA Administrator or hold tellers has begun. On Tuesday, it was
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May 14, 2020 CONGRESSIONAL RECORD — SENATE S2435
Dr. Fauci; on Wednesday, Jerome Pow- this man—and that is a kind word— cans’ privacy rights and liberty inter-
ell; today, HHS official Rick Bright is just go on and on and on. ests.
testifying in the House. The President People also want to know the guid- In October 2001, I was 1 of 66 Members
may try to shroud the truth from the ance—what should they do, what they in the House of Representatives who
American people or even from himself, shouldn’t. They want it from sci- voted against the PATRIOT Act. It was
but eventually, inevitably, the truth entists. The CDC prepared guidance. not an easy vote, but in the years
will come out about how poorly the ad- The President has held it back so that since, it is clear that it was the correct
ministration has dealt with this crisis. he and his political appointees can edit vote because the PATRIOT Act ulti-
It is one of the worst performances by it to suit their purposes. mately allowed the government to in-
a President in American history. Yesterday, I tried to ask the Senate’s vade the privacy of millions of inno-
The American people have been fol- consent to release the unredacted, un- cent Americans.
lowing stay-at-home orders for months edited CDC guidance, and Senate Re- Exhibit 1: section 215 of the act. Sec-
on end, doing their part to slow the publicans, of course, blocked the re- tion 215 has been greatly abused, re-
spread of this pernicious disease. Those quest. The junior Senator from Indiana sulting in the bulk collection of hun-
many millions who sacrificed their said he didn’t want ‘‘career regu- dreds of millions of Americans’ phone
routines and livelihoods have bought lators’’—meaning the experts, meaning records and email contact lists.
this country precious time to prepare scientists at the CDC—to advise the The Nation was shocked when we
for life after the pandemic; precious country on how to reopen safely. That found out about this bulk collection in
time to ramp up testing, produce PPE, the President and his team of political 2013. In 2015, we passed the FREEDOM
and formulate a plan for nationwide advisers should be able to decide that— Act to cure some of the abuses. It did
contact tracing. What has the Trump is there anyone left in this country, ex- not cure them all.
administration done with this precious cept the most diehard partisans, who Section 215 and two other provisions
time? They have wasted it—wasted it. trusts this administration to issue of the PATRIOT Act are up for reau-
The President wants to reopen the medical guidance properly? Come on. thorization. That is the bill before us.
country as quickly as possible but Here is the bottom line: The sac- Congress has the opportunity to pro-
could not be less interested in the rifices of the American people gave tect our civil liberties even as we pro-
strategies that would allow us to do it this administration time to prepare the tect national security.
safely. country to return to some semblance of And while the House bill made im-
President Trump, do you want to get normal. Those sacrifices have been provements, it is still flawed. The
the country open quickly? Do you want squandered by Trump and his Repub- House version still allows large-scale
to get people back to the malls and lican acolytes. collection of Americans’ sensitive in-
riding on the airplanes? Get the kind of We all want to get back to work—I formation, and it doesn’t reform the
testing that other countries have done. certainly do—but there is a smart way FISA Courts to prevent abuses. We
We are still leagues behind on testing. to begin reopening the country, a way should learn the lesson of October 2001
He said 2 months ago—another to do it safely, with precautions and and not rush this through the Senate.
Trump fantasy—on March 6 that any- testing and tracing, to avoid a resur- We should include amendments to bet-
one who wants a test can get one. Tell gence of the disease, and then there is ter protect Americans’ civil liberties.
that to millions and millions and mil- a reckless way. President Trump has so I support the Wyden-Daines amend-
lions of Americans who want testing far chosen the reckless way and seems ment that prohibits collection of
and cannot get it. to have no plan to right the ship. Americans’ internet website browsing
A de facto nationwide lockdown has I yield the floor. and internet search history informa-
been going on for weeks. Yet our test- The PRESIDING OFFICER. The Sen- tion without a search warrant. It is a
ing capacity has not approached the ator from New Mexico. missed opportunity for the Nation that
number just about every expert says is Mr. UDALL. Mr. President, I wanted the amendment failed yesterday, al-
required. The President, in an emer- to start by stating that I know a lot of though by one vote—by one vote.
gency, which we certainly have, hasn’t people look at us speaking on the floor Right now, the Federal Government
requisitioned American manufacturing and think, you know, well, why aren’t can digitally track articles Americans
to produce the tests we need and has they wearing masks? are reading online, social media they
been slow to dispense congressional I saw Senator SCHUMER. He put on his are using, where they are shopping,
funds intended to help the States do mask after he finished his talk and which restaurants they are thinking
the job. We voted for those a few weeks left. I have my mask here. I just took about going to, and the list goes on and
back. The States are still waiting. it off. I am going to put it on after I on. Just imagine thinking about every-
Businesses, schools, sports leagues, finish speaking. thing you do on the internet and your
and families are going to need guidance You know the way this works. I wear devices. That is open game.
from public health experts on how to this mask to protect you, and you wear The Fourth Amendment protects us
open as safely as possible. a mask to protect me, and that is the against unreasonable searches. In this
I talked to hotel executives and way we protect each other in this pan- day and age, when so much of our life
sports executives yesterday. They demic. I don’t think there is any doubt is conducted over the internet, Ameri-
know that without testing, they are that wearing a mask saves lives, and cans must have assurance that their
not going to come back. If they could that is how we are going to overcome web browsing, which can reveal highly
test every person walking into a large in this pandemic. sensitive information, will not be un-
arena and turn away anyone who might I see people around New Mexico all reasonably intruded upon by Federal
have COVID, people would be far more the time when I am back home wearing authorities without a search warrant
likely to sit in the seats. In Georgia, masks and really taking this pandemic and without probable cause. This infor-
where Governor Kemp has been most seriously and taking our Governor’s or- mation provides an intimate window
forward, pushing people to open up, ders seriously. into our lives. It can reveal a person’s
something like 6 to 8 percent of the H.R. 6172 medical conditions, political and reli-
people showed up. This is 2 weeks after Mr. President, reauthorization of the gious views, and far more.
he opened up the malls and the stores. Foreign Intelligence Surveillance Act, We need to make clear that govern-
People are not going to go out unless or FISA, is now before us. We have an ment must demonstrate probable cause
they are sure they won’t get COVID, opportunity to reform this statute, to to collect this type of personal infor-
SSpencer on DSK126QN23PROD with SENATE
and they can’t be sure they won’t get protect both our constitutional rights mation.
COVID unless we have many, many and our security. In the immediate Second, we need to strengthen the
more tests. aftermath of 9/11, Congress hurriedly oversight of FISA Courts. We know
What is the President waiting for? He passed the PATRIOT Act and author- these secret courts are subject to
cuts his nose to spite his face. He ized extraordinarily broad authority to abuse. In 2015, Congress authorized
wants to get us back to work, but he the Executive and the executive branch FISA Courts to appoint amici—friends
doesn’t push testing. The anomalies of that threatened America’s and Ameri- of the court—in cases involving novel
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S2436 CONGRESSIONAL RECORD — SENATE May 14, 2020
or significant interpretation of the law. rose to become a Georgetown Univer- at the Albuquerque Public Library. In
This was a positive step forward to pro- sity Law School graduate, the first his early 20’s, he worked for the City of
vide independent oversight, but it ap- American-born Hispanic U.S. Senator Albuquerque Engineering Department,
pears there have been only 16 cases in and, at 27 years, the longest serving and also became active in Democratic
which amici have actually been ap- Hispanic Senator in the history of our politics. He joined the Democratic
pointed. Yet there have been more country. Party, even though most Hispanics at
cases than 16 in which novel issues Senator Chavez, or ‘‘El Senador,’’ as that time in New Mexico were Repub-
were raised and many more cases we call him in New Mexico, was a man licans. He saw in the ‘‘Democratic
where an independent voice is needed of great integrity. In February 1950, party a political philosophy that
to defend civil rights in FISA Court McCarthy had charged—without placed human rights above property
proceedings. proof—that there were 205 card-car- rights.’’
The recent Department of Justice in- rying Communists working in the In 1917, a newly elected Democratic
spector general report examining 25 State Department. By March, he ac- Senator from New Mexico took Dennis
FISA applications underscores this cused American scholar Owen Latti- to Washington where he worked for the
need. The IG found errors and inad- more, among others, of being a Com- clerk of the Senate. Dennis took and
equately supported facts in every appli- munist. That accusation—also without passed the entrance examination for
cation. An expanded amicus role is nec- evidence—spurred Senator Chavez to and eventually graduated from George-
essary to bring greater accountability take to the Senate floor, to come down town University Law School—all with
to the application process. here and to speak out. less than a 7th grade education.
I voted in support of the Lee-Leahy He told the Senate: He returned to New Mexico to prac-
amendment that expands amici partici- I would like to be remembered as the man tice law, and was first elected to the
pation to significant First Amendment who raised a voice—and I devoutly hope not U.S. House of Representatives—rep-
activities; to matters where a religious a voice in the wilderness—at a time in the resenting New Mexico’s one at-large
or political organization, a public offi- history of this body when we seem bent upon district—in 1930. In 1935, he was ap-
cial or candidate or the news media is placing limitations on the freedom of the in- pointed to a Senate seat that had be-
dividual. I would consider all of the legisla-
involved; and to matters approving new tion which I have supported meaningless if I
come vacant, and was elected in his
technology or reauthorizing pro- were to sit idly by, silent, during a period own right the next year. Senator Cha-
grammatic surveillance. which may go down in history as an era vez served in the Senate until his death
Third, we must make sure FISA ap- where we are permitted curtailments of our in November 1962.
plications are completely accurate and liberties, a period when we quietly shackled In so many ways, he was far ahead of
all exculpatory evidence is disclosed. the growth of men’s minds. his time. In the 1940s, he fought for
Accuracy and transparency are critical Dennis Chavez. civil rights legislation. In the 1950s, he
to maintaining integrity within our The fact is, we are seeing chilling chaired the Public Works Committee
justice system. similarities between the Joseph McCar- and sat on the Appropriations Com-
The Lee-Leahy amendment strength- thy of seven decades ago and the situa- mittee, and helped usher in major in-
ens the requirements for accuracy and tion we are in today. frastructure projects all over the na-
disclosure of all information—includ- Mr. President, this week marks the tion, including water and military
ing exculpatory information—in FISA 70th anniversary of a courageous ad- projects critical to New Mexico’s devel-
applications. dress to this body. Seventy years ago, opment.
I am pleased this body stood in sup- on May 12, 1950, the senior senator from ‘‘El Senador’’, as we call him in New
port of strengthening safeguards in the New Mexico—Dennis Chavez—was the Mexico, was the first American-born
FISA Court process. However, our fail- first to call out the unfairness of Joe Hispanic elected to the Senate and, at
ure to protect Americans from the Fed- McCarthy’s communist witch hunt. 27 years, remains the longest serving
eral Government looking over their In May of 1950, it was still four and Hispanic Senator in history.
shoulders while they are on the inter- one-half years before the Senate would Joseph McCarthy began his reign of
net and collecting personal informa- vote to ‘‘condemn’’ the senator from terror on February 9, 1950, a speech
tion is unacceptable. National security Wisconsin. But, even at that time, charging, without proof, that there
does not require the Federal Govern- early in McCarthy’s crusade, Senator were 205 card carrying members of the
ment intruding upon the private lives Chavez recognized the present danger. Communist Party working in the U.S.
of Americans without probable cause That day, Senator Chavez took to the State Department.
and a search warrant. floor, with 77 other Senators in attend- By March of that year, McCarthy had
Our liberties and freedoms define us ance. That was a time when Senators accused American scholar Owen Latti-
as a nation. Either we should recon- engaged in genuine, spontaneous de- more, among many others, of being a
sider the Wyden-Daines amendment—a bate in this chamber. Senator Chavez Communist. That accusation, again
motion to reconsider is allowed at this counseled his colleagues: ‘‘. . . a man is without evidence, was too much for
point—or we should vote no on FISA ultimately remembered by what he Senator Chavez and it gave rise to his
reauthorization. We don’t need to sac- does in relation to his times, and the denunciation on the floor of the Sen-
rifice our liberties and freedoms for an fact that we do our assigned duty may ate.
illusion of security. not be enough; sometimes we must step At that time, in 1950, Republicans
One of our Founders way back in this out and sound the alarm.’’ held the presidency and both houses in
country, Ben Franklin, said it a little And sound the alarm against McCar- Congress. And no matter one’s party—
bit differently. He said: ‘‘Those who thy, he did. bucking any anti-Communist senti-
would give up liberty in the name of se- Dennis Chavez—born Dionisio on ment could be politically costly.
curity deserve neither.’’ April 4, 1888—came from humble and But Senator Chavez took his chances
REMEMBERING DENNIS CHAVEZ honorable beginnings. He came from against Joe McCarthy—in the name of
Now, Mr. President, before I yield the generations who had farmed in Los what was right.
floor today, I would like to commemo- Chavez—a small community along the He told the Senate that day, ‘‘I would
rate one of New Mexico’s great heroes, Rio Grande, south of Albuquerque, in like to be remembered as the man who
Senator Dennis Chavez, who, 70 years territorial New Mexico. When he was raised a voice—and I devoutly hope not
ago this week, on May 12, 1950, stood on seven, his family moved to Albu- a voice in the wilderness—at a time in
this floor of the U.S. Senate and was querque in search of better opportuni- the history of this body when we seem
SSpencer on DSK126QN23PROD with SENATE
the first in the Senate to sound the ties. He learned English in school but, bent upon placing limitations on the
alarm against Senator Joseph McCar- at age 13, when he was in 7th grade, he freedom of the individual. I would con-
thy, who had begun his reign of terror had to leave school to help support his sider all of the legislation which I have
that year. family. supported meaningless if I were to sit
Dennis Chavez was born into a farm- Dennis, however, never left his edu- idly by, silent, during a period which
ing family in territorial New Mexico. cation. He studied engineering, Amer- may go down in history as an era where
He had a seventh grade education and ican history, and great political leaders we are permitted curtailments of our
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May 14, 2020 CONGRESSIONAL RECORD — SENATE S2437
liberties, a period when we quietly chose the same lawyer, Roy Cohn. And AMENDMENT NO. 1586
shackled the growth of men’s minds.’’ the President’s threats to the brave Mr. PAUL. The PATRIOT Act was
Dennis Chavez’s entire career is de- men and women who testified are right begotten of the most unpatriotic of
fined by his courage, by his integrity, out of Roy Cohn’s playbook. ideas—that liberty can be exchanged
by his commitment to justice. Third—is the lesson of demagoguery. for security. The history of the PA-
The similarities between Joseph Joe McCarthy was a demagogue. His TRIOT Act shows that the exchange is
McCarthy and Donald Trump between anti-communism met the times. He a poor one.
McCarthyism and Trumpism are— played upon and stoked fear. And he As our liberty wanes and wastes
chilling. Both are demagogues. Both lie accused those who spoke out against away, we find that the promises of se-
to the American people. Both try to de- him of disloyalty to the nation. curity were an illusion. The history of
stroy reputations and lives based on As Senator Chavez so eloquently put the PATRIOT Act is really a history of
falsehoods. it on the Senate floor that day: ‘‘We how power corrupts and how bias and
But the lessons learned from that have embarked upon a course which malfeasance grow when power is un-
dark period in our history are lessons breeds hysteria and confusion—a checked.
we can all learn from today. course so dangerous that few dare to The PATRIOT Act allowed a secret
First—is the lesson of courage. oppose the drift lest they be the next court, FISA, to grant generalized war-
In 1950, there were few—of any polit- marked for destruction.’’ rants to collect personal data from
ical party—willing to go up against But before us today—is Donald millions of Americans. The spies who
Senator McCarthy. Trump—and his demagoguery is even run these surveillance programs then
But there were exceptions. Less than
more dangerous. He too plays upon lied—for years and years—to us.
a month after Senator Chavez’s floor One of the most notorious of these
fear—and anger. He accuses the free
speech, the junior senator from liars was James Clapper. When cross-
press of being ‘‘enemies of the people.’’
Maine—Margaret Chase Smith—the examined under oath by Senator
He rails against immigrants invading
first woman to serve in both the House WYDEN, James Clapper denied that the
our country, stoking hatred and rac-
and Senate—delivered her ‘‘Declara- government was collecting data on
ism.
tion of Conscience’’ on the Senate millions of Americans.
He promises working class Americans
floor. Joined by six other brave Repub- A month later, the whistleblower,
greater prosperity.
licans, the ‘‘Great Lady of Maine’’ de- But, in the end, he gives the tax Edward Snowden, revealed that Clap-
nounced the ‘‘hate and character assas- breaks to the rich, uses the office for per had lied. Snowden revealed that
sination sheltered by the shield of con- personal gain, and ignores the needs of Clapper and others were using the PA-
gressional immunity.’’ everyday Americans. TRIOT Act to spy on virtually every
Where is that courage now? There are
And—in the middle of the most dev- American. Snowden revealed that the
those in the Senate majority who un-
astating pandemic our nation has faced secret FISA Court was allowing a sin-
derstand the incompetence of this
in a century—he’s told the American gle court order to command the collec-
president. That he has an uneasy rela-
people no one saw a pandemic was com- tion of millions of Americans’ personal
tionship with the truth. That his words
ing, that it’s a hoax, that the virus will phone data.
and actions so often undermine basic Most Members of Congress had no
‘‘magically’’ disappear, that we have
American values. idea that this was going on. In fact,
But so few ever speak out. No one the best testing system in the world all
while promoting snake oil remedies one of the authors of the PATRIOT Act
challenges his lies, his divisiveness, his
that could actually harm Americans. publicly expressed his shock that such
singular focus on his own ambition to
But—the American people are not a massive surveillance of Americans
the exclusion of the welfare of Amer-
fooled. They see the emptiness of his was occurring with no notification of
ican people.
In 1950, there were seven Senate Re- promises, the division he sows, and the Congress.
publicans who challenged Joseph lies he tells. Clapper and others, though, said that
McCarthy. Seventy years ago, Senator Chavez is not true. They justified their actions
In 2020, who has the courage to stand said: ‘‘It matters little if the Congress by saying: We have been briefing the
up to say, ‘‘The Emperor has no appropriates hundreds of millions of Elite 8 Congressmen.
clothes’’? dollars to check the erosion of soil if Who were the Elite 8, and who made
Second—is the lesson of truth-tell- we permit the erosion of our civil lib- them elite? The Elite 8 are the major-
ing. erties, free institutions, and the ity and minority leaders of the House
Senator McCarthy—and his chief untrammeled pursuit of truth.’’ and the Senate and the majority and
counsel and chief henchman, Roy Those words resonate as much today minority leader of the Intelligence
Cohn—stacked lies upon lies, wild ac- as they did then. Committees of the House and the Sen-
cusations upon wild accusations. They Members of Congress, of this body— ate—eight people.
attacked hundreds of government em- must not permit the erosion of our con- When they were quizzed about this
ployees, those in the entertainment in- stitutional institutions, must not per- program, most of them said they
dustry, academics, and labor-union ac- mit the erosion of truth. couldn’t remember ever being briefed
tivists. Now—more than ever—we must as- on it.
Careers were destroyed. Reputations pire to the courage of Senator Chavez. But the real constitutional question
damaged. Lives devastated. History will be the judge—by reward- is, have we not changed and subverted
Is this much different than what the ing courage and exposing cowardice. the Constitution to make eight people
President does to those who question, I will finish with one passage from 70 more important than the rest of us?
disagree with, testify against him? years ago. Senator Chavez said: So this was a program where they
The impeachment proceedings It matters little if the Congress appro- were collecting the data on everybody’s
against President Trump may seem priates hundreds of millions of dollars to phone calls—everybody in America—
distant now. But history will remem- check the erosion of soil if we permit the and you would think there would have
ber them. Ambassador Marie erosion of our civil liberties, free institu- to be a debate and approval by Con-
Yovanovitch, Lieutenant Colonel Alex- tions, and the untrammeled pursuit of truth. gress, but there were only eight people,
ander Vindman, Ambassador Bill Tay- That is our own Senator from New and those eight people seemed to be
lor, Deputy Assistant Secretary George Mexico, Senator Dennis Chavez. Those confused that they had approved the
words resonate as much today as they program as well.
SSpencer on DSK126QN23PROD with SENATE
Kent, Fiona Hill, Pentagon official
Laura Cooper, State Department offi- did then. The idea that a single court order
cial David Holmes, OMB official Mark I see my good friend Senator PAUL is can allow the collection of personal
Sandy—all told the truth. Stood up to here on the floor, so I believe he is the data from millions of people is anti-
the President and his threats. And all next in line. thetical to the intentions of the Fourth
are American heroes. I yield the floor. Amendment.
There is a direct line between Joe The PRESIDING OFFICER. The Sen- The Fourth Amendment dictates
McCarthy and Donald Trump: they ator from Kentucky. that the government must identify an
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S2438 CONGRESSIONAL RECORD — SENATE May 14, 2020
individual and the items and the loca- tarian; we should all be appalled at this that it takes too long and it is too
tion to be searched. The Fourth abuse of power. hard. But guess what—the Constitution
Amendment was intended to forbid The question is, How do we fix it? To was meant to be an onerous standard.
general warrants or writs of assistance my mind, there are two approaches. The Constitution was meant to be rig-
that, historically, Monarchs had used No. 1, we could try to make the FISA orous. Our Founding Fathers under-
indiscriminately to collect vast Court less bad by adding procedural stood that justice cannot be achieved
amounts of either belongings or posses- hurdles to make it more like a con- in secret courts that neither notify the
sions of individuals. stitutional court or, No. 2, admit that accused nor let the accused have legal
The Fourth Amendment was written the FISA Court cannot be made con- representation. You can’t find justice
to prevent that from happening. stitutional, admit that FISA uses a where there is no adversarial process,
The PATRIOT Act essentially allows less-than-constitutional standard when where you don’t get a lawyer.
for generalized warrants and the bulk it allows searches to be performed that I think it is high time we quit letting
collection of personal data. The Fourth do not meet the Fourth Amendment. fear overrun our constitutional duty.
Amendment also dictates that a search The Fourth Amendment requires Today, I offer an amendment that re-
can only occur when the government probable cause that you have either stores the Constitution for all Ameri-
proves to a judge that there is probable committed a crime or are committing cans and forbids the secret FISA Court
cause that a crime has been com- a crime. The FISA Court only says the from ever again meddling in our polit-
mitted. However, under the PATRIOT government must prove or assert that ical process.
Act they have lowered the standard. there is probable cause that you are Mr. President, I call up my amend-
So there is the constitutional stand- connected to a foreign government. ment No. 1586 and ask that it be re-
ard—the Fourth Amendment. But, As we have seen, the standards were ported by number.
under the PATRIOT Act, the standard so lax that when they went to the The PRESIDING OFFICER. The
now becomes if it is relevant to an in- Trump campaign and said that a cer- clerk will report the amendment by
vestigation. That is a much looser, tain person was related to a foreign number.
broader standard, and it is not a con- government, it turns out it was untrue. The legislative clerk read as follows:
stitutional standard. They didn’t present facts to the court The Senator from Kentucky [Mr. PAUL]
So the question is, Through these that actually argued that he wasn’t an proposes an amendment numbered 1586.
special, secret courts and through the agent of the foreign government, and The amendment is as follows:
PATRIOT Act, can we allow things that person had no one to argue for (Purpose: To amend the Foreign Intelligence
that the Constitution actually pre- him. Surveillance Act of 1978 to prohibit the use
The deficiency of the FISA Court and of authorities under such Act to surveil
vents. What we have done is eroded
why it is not constitutional is that you United States persons and to prohibit the
protections for Americans.
So some of us have said the Constitu- don’t get a lawyer. You actually don’t use of information acquired under such Act
even get told you have been accused of in any criminal, civil, or administrative
tion should still apply to Americans. If proceeding or as part of any criminal, civil,
a crime. The only reason we know that
you want to look at the data of for- or administrative investigation, and for
President Trump’s campaign got
eigners or spy on foreign countries or other purposes)
caught up in this is that he won. Be-
potential terrorists, by all means, do At the appropriate place, insert the fol-
cause he won and now has the power to
it, but Americans should still be pro- lowing:
open and put sunlight on this, we are
tected by the Constitution. SEC. lll. LIMITATION ON AUTHORITIES IN
now able to see in. FOREIGN INTELLIGENCE SURVEIL-
The PATRIOT Act doesn’t provide If this had been an ordinary Amer- LANCE ACT OF 1978.
this protection and allows anybody to ican caught up in this, you would never (a) FOREIGN INTELLIGENCE SURVEILLANCE
be investigated if the government can be told, you would never get a lawyer, ACT OF 1978.—
prove that it is relevant to an inves- and you would be brought before this (1) IN GENERAL.—The Foreign Intelligence
tigation. That standard is so broad investigative body and subjected to a Surveillance Act of 1978 (50 U.S.C. 1801 et
that it could mean almost anything. It search of vast amounts of your private seq.) is amended by adding at the end the fol-
is hard to imagine something that lowing:
information without probable cause.
could not be argued to be relevant to That is not constitutional, and I don’t ‘‘TITLE IX—LIMITATIONS
an investigation. think we can make it constitutional. I ‘‘SEC. 901. LIMITATIONS ON AUTHORITIES TO
To those of us who prize the rights SURVEIL UNITED STATES PERSONS
think we should admit that we can’t AND ON USE OF INFORMATION CON-
guaranteed in the Bill of Rights, the constitutionally allow Americans to be CERNING UNITED STATES PERSONS.
PATRIOT Act is a violation of our subjected to a search that doesn’t fol- ‘‘(a) DEFINITIONS.—In this section:
most precious rights. The PATRIOT low the Fourth Amendment. ‘‘(1) PEN REGISTER AND TRAP AND TRACE DE-
Act, in the end, is not patriotic. The I believe there is no fixing the FISA VICE.—The terms ‘pen register’ and ‘trap and
PATRIOT Act makes an unholy and Court to make it constitutional for trace device’ have the meanings given such
unconstitutional exchange of liberty terms in section 3127 of title 18, United
Americans. I believe the only solution
for a false sense of security. I, for one, States Code.
is to exempt Americans from the FISA ‘‘(2) UNITED STATES PERSON.—The term
will oppose its reauthorization. Court. ‘United States person’ has the meaning given
Today we are also here, though, to If government wants to investigate a such term in section 101.
discuss the FISA Court that interacts political campaign, which should be a ‘‘(b) LIMITATION ON AUTHORITIES.—Notwith-
and uses some of these extra powers, very rare and a very unusual cir- standing any other provision of this Act, an
these extraconstitutional powers. cumstance, to have the government in- officer of the United States may not under
It has been revealed over the last few volved in a political campaign, govern- this Act request an order for, and the For-
years that the FISA Court was manipu- ments should request a Fourth Amend- eign Intelligence Surveillance Court may not
lated, lied to, and ultimately condoned under this Act order—
ment search from an article III con-
‘‘(1) electronic surveillance of a United
the investigation of a political cam- stitutional court. States person;
paign. Some will say: Oh, it is hard; we will ‘‘(2) a physical search of a premises, infor-
I believe that the authors of the never get it. Guess what—even con- mation, material, or property used exclu-
FISA Court, who intended to restrain stitutional warrants are mostly grant- sively by, or under the open and exclusive
unconstitutional searches, would be ap- ed. The vast majority of them are control of, a United States person;
palled at what the FISA Court has be- granted. But guess what—a judge will ‘‘(3) approval of the installation and use of
come. They would be appalled that this a pen register or trap and trace device to ob-
SSpencer on DSK126QN23PROD with SENATE
be a little reticent to get involved in
secret court intended to be used to in- the political process because they tain information concerning a United States
vestigate foreign spies and terrorists person;
know how heated it is and how impor-
‘‘(4) the production of tangible things (in-
was turned into a powerful and tant it is to our Republic. But that is cluding books, records, papers, documents,
invasive force to infiltrate and disrupt the way you should investigate a cam- and other items) concerning a United States
the political process. paign if you are going to. person; or
It should not matter whether you are Opponents of doing the tried and ‘‘(5) the targeting of a United States per-
a Democrat or a Republican or a Liber- trusted constitutional way will argue son for the acquisition of information.
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May 14, 2020 CONGRESSIONAL RECORD — SENATE S2439
‘‘(c) LIMITATION ON USE OF INFORMATION Mr. BLUMENTHAL. I ask unanimous The amendment (No. 1586) was re-
CONCERNING UNITED STATES PERSONS.— consent that the order for the quorum jected.
‘‘(1) DEFINITION OF AGGRIEVED PERSON.—In call be rescinded. The PRESIDING OFFICER. The Sen-
this subsection, the term ‘aggrieved person’
The PRESIDING OFFICER. Without ator from North Dakota.
means a person who is the target of any sur-
veillance activity under this Act or any objection, it is so ordered. UNANIMOUS CONSENT REQUEST—S. 849
other person whose communications or ac- VOTE ON AMENDMENT NO. 1586 Mr. CRAMER. Madam President, I
tivities were subject to any surveillance ac- Mr. BLUMENTHAL. Mr. President, I rise today on behalf of the 74 fallen
tivity under this Act. ask that the question be called on the Vietnam veterans our government has
‘‘(2) IN GENERAL.—Except as provided in vote. forgotten known as the Lost 74.
paragraph (3), any information concerning a The PRESIDING OFFICER. Without On June 3 of 1969, the USS Frank E.
United States person acquired under this Act objection, it is so ordered. Evans was participating in a training
shall not be used in evidence against that
The question is on agreeing to the mission 100 miles from the Vietnam
United States person in any criminal, civil,
or administrative proceeding or as part of Paul amendment. war combat zone, having been sent
any criminal, civil, or administrative inves- Mrs. FISCHER. I ask for the yeas and there in between combat missions; that
tigation. nays. is to say, neither coming nor going.
‘‘(3) USE BY AGGRIEVED PERSONS.—An ag- The PRESIDING OFFICER. Is there a During the night, the ship collided
grieved person who is a United States person sufficient second? with an Allied aircraft carrier and
may use information concerning such person There appears to be a sufficient sec- sank, killing 74 sailors. Remember, this
acquired under this Act in a criminal, civil, ond. is just outside of the combat zone, be-
or administrative proceeding or as part of a The clerk will call the roll.
criminal, civil, or administrative investiga-
tween combat missions.
The bill clerk called the roll. These 74 Vietnam veterans died in
tion. Mr. THUNE. The following Senators
‘‘(d) WARRANTS.—An officer of the United service to our country. The ship had
States seeking to conduct electronic surveil- are necessarily absent: the Senator served on several combat tours and had
lance, a physical search, installation and use from Tennessee (Mr. ALEXANDER), the many more scheduled. The Vietnam
of a pen register or trap and trace device, Senator from Arizona (Ms. MCSALLY), Veterans Memorial on the National
production of tangible things, or targeting and the Senator from Nebraska (Mr. Mall here in Washington, DC, memori-
for acquisition of information with respect SASSE).
to a United States person as described in alizes over 58,000 military members
Further, if present and voting, the who paid the ultimate sacrifice during
subsection (b) may only conduct such activi- Senator from Tennessee (Mr. ALEX-
ties pursuant to a warrant issued using the the Vietnam war by displaying their
ANDER) would have voted ‘‘nay’’ and
procedures described in the Federal Rules of names on its wall.
Criminal Procedure by a Federal court other the Senator from Arizona (Ms. People from around the world come
than the Foreign Intelligence Surveillance MCSALLY) would have voted ‘‘nay.’’ to see the memorial and pay their re-
Court.’’. Mr. DURBIN. I announce that the spects to those who fought and died for
(2) CLERICAL AMENDMENT.—The table of Senator from Vermont (Mr. SANDERS) the freedoms we all hold dear.
contents preceding section 101 is amended by is necessarily absent.
adding at the end the following:
Yet, because of a technicality, the
The PRESIDING OFFICER (Mrs. names of the Lost 74 sailors are ex-
‘‘TITLE IX—LIMITATIONS FISCHER). Are there any other Senators cluded from the Vietnam Veterans Me-
‘‘Sec. 901. Limitations on authorities to sur- in the Chamber desiring to vote?
veil United States persons and morial. As requirements now stand,
The result was announced—yeas 11,
on use of information con- veterans must have perished in or on
nays 85, as follows:
cerning United States per- their way to a combat zone. Since the
[Rollcall Vote No. 91 Leg.]
sons.’’. Frank E. Evans was participating in a
(b) LIMITATION ON SURVEILLANCE UNDER YEAS—11 practice exercise in between stints in
EXECUTIVE ORDER 12333.— Blackburn Kennedy Paul fighting off the Vietnam coast, the
(1) DEFINITIONS.—In this subsection: Braun Lee Scott (FL)
Cruz Moran
names of these sailors have been left
(A) AGGRIEVED PERSON.—The term ‘‘ag- Sullivan
grieved person’’ means a person who is the Daines Murkowski off of the wall.
target of any surveillance activity under Ex- Imagine that. These sailors, deployed
NAYS—85
ecutive Order 12333 (50 U.S.C. 3001 note; relat- overseas in the service of our Nation—
Baldwin Gillibrand Reed
ing to United States intelligence activities) Barrasso Graham Risch
they left their homes, their families,
or any other person whose communications Bennet Grassley Roberts their friends, and their loved ones on
or activities were subject to any surveillance Blumenthal Harris Romney behalf of our Nation. They paid the ul-
activity under such Executive Order. Blunt Hassan Rosen timate sacrifice, like every other man
(B) PEN REGISTER; TRAP AND TRACE DEVICE; Booker Hawley Rounds
Boozman Heinrich and woman who was lost. Yet their
UNITED STATES PERSON.—The terms ‘‘pen reg- Rubio
ister’’, ‘‘trap and trace device’’, and ‘‘United Brown Hirono Schatz
names have been left off the iconic me-
Burr Hoeven morial constructed in their honor. As a
States person’’ have the meanings given such Schumer
Cantwell Hyde-Smith
terms in section 901 of the Foreign Intel- Capito Inhofe
Scott (SC) parent, I can’t imagine the pain that
ligence Surveillance Act of 1978, as added by Cardin Johnson Shaheen some of these families must have felt.
Shelby I first learned of this injustice during
subsection (a). Carper Jones
Casey Kaine Sinema
(2) LIMITATION.—Except as provided in a talk radio townhall in 2018, when a
Cassidy King Smith
paragraph (3), any information concerning a Stabenow family member of Fargo resident and
Collins Klobuchar
United States person acquired under Execu- Tester Frank E. Evans survivor Dick Grant
Coons Lankford
tive Order 12333 (50 U.S.C. 3001 note; relating Thune
Cornyn Leahy called in to the program.
to United States intelligence activities) Cortez Masto Loeffler Tillis
shall not be used in evidence against that
After hearing his story, I learned
Cotton Manchin Toomey
United States person in any criminal, civil, Cramer Markey Udall about one of his shipmates, Robert
or administrative proceeding or as part of Crapo McConnell Van Hollen Searle, a fellow North Dakotan from
any criminal, civil, or administrative inves- Duckworth Menendez Warner Grand Forks, who was also on board
Durbin Merkley Warren
tigation.
Enzi Murphy
the ship and perished in the accident.
(3) USE BY AGGRIEVED PERSONS.—An ag- Whitehouse
Ernst Murray Wicker
Robert enlisted in the Navy Reserves
grieved person who is a United States person Feinstein Perdue in 1967 and reported to the Frank E.
Wyden
may use information concerning such person Fischer Peters Evans in May of 1968. Later that year,
Young
acquired under Executive Order 12333 in a Gardner Portman
criminal, civil, or administrative proceeding
he married his wife, Thelma.
NOT VOTING—4 Robert was on watch in the forward
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or as part of a criminal, civil, or administra-
tive investigation. Alexander Sanders fire room with three other men when
McSally Sasse the collision occurred. All four were
Mr. PAUL. I suggest the absence of a
quorum. The PRESIDING OFFICER. On this killed. His twin sons were just 4
The PRESIDING OFFICER. The vote, the yeas are 11, the nays are 85. months old.
clerk will call the roll. Under the previous order requiring 60 North Dakota paid a great price
The legislative clerk proceeded to votes for the adoption of this amend- when the USS Frank E. Evans sunk.
call the roll. ment, the amendment is not agreed to. Yet my State does not grieve alone.
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S2440 CONGRESSIONAL RECORD — SENATE May 14, 2020
The Lost 74 encompasses sailors from man. Ron was on watch during the col- my colleague from Alaska for pro-
29 different States, and the bill before lision, and he was lost at sea, leaving viding the opportunity for the story of
us today represents that diversity, behind a young son. these sailors to be heard.
spanning the political aisle. And Gary Joseph Vigue, of Farm- It was there when I first heard oppo-
Before I ask for unanimous consent, I ington, NH, was also on watch that sition to the bill, however. I have yet
would like to yield some time to the night during the fatal collision. Gary to hear any real opposition to the leg-
distinguished Senator from New York, had married his high school sweetheart islation voiced by anyone except the
the Democratic leader. a few weeks before he reported to the bureaucrats and special interests that
Mr. SCHUMER. Madam President, I Frank E. Evans in 1968. Gary also left would actually be charged with car-
will be brief because I know my col- behind a young son and his two broth- rying it out. In other words, nobody ob-
leagues wish to join in this wonderful ers who still live in New Hampshire. jects to this except the people who
activity here to try and get good rec- These two men, Gary and Ron, gave would have to do something about it,
ognition. their lives for this country. These men and that is a common theme in this
I join my colleague from North Da- were supporting operations during the town, I have noticed.
kota in strong support of a cause near Vietnam war, and they were planning For example, the Acting Director of
and dear to my heart: the effort to add to return to Vietnam waters once the the National Park Service said of the
the names of 74 sailors to the Vietnam training exercise was over. So, just like bill: ‘‘If passed, it would necessitate
War Memorial who perished in a train- all those other people who were lost in substantial modification of the Viet-
ing accident that sunk the USS Frank Vietnam, they gave their lives for this nam Veterans Memorial wall as it ex-
E. Evans in June of 1969. country. And just because they were ists today.’’ No kidding. Of course it
As my friend from North Dakota ex- outside some artificially designated does. That is the point of the bill.
plained, the names of the 74 who died combat zone doesn’t mean they The idea that we should continue to
on the USS Frank E. Evans have been shouldn’t be recognized in the same turn a blind eye to forgotten veterans
omitted because they died just outside way the others who were lost in Viet- because the work would be substantial
of the combat zone, but they had seen nam have been recognized. is offensive. It is certainly offensive to
the heat of battle in Vietnam. The USS Now, this is May, the month of May. the shipmates and the families and the
Frank E. Evans had been part of the Tet Memorial Day is approaching, a day survivors of the Lost 74.
offensive and was scheduled to return during which our Nation honors the Forgive my lack of sympathy for bu-
to the combat zone before sinking. men and women who have died while reaucrats who feel inconvenienced by
That these men’s lives ended in the serving in the U.S. military. As we rec- the death of 74 war heroes. The country
tragedy of a training accident rather ognize the sacrifices of our fellow that landed man on the Moon the very
than in the line of fire makes no dif- Americans, I think it is appropriate same year that this accident happened
ference in the final analysis. They went that the Senate take up and pass the certainly can figure out how to fix a
off to war and laid down their lives in U.S.S. Frank E. Evans Act, legislation I wall to honor these war dead. More to
the service of the country they loved. am honored to cosponsor with my col- the point, shouldn’t we be looking for
I was fortunate to know Larry Reilly, league Senator CRAMER from North Da- more ways to honor our fallen rather
Sr., of Syracuse, NY—known to us as kota because it is legislation that will than fewer?
Chief Reilly, who was serving on the ensure the 74 men—those Lost 74—are The opposition’s argument simply
Frank E. Evans alongside his son, Larry rightfully honored by adding their does not add up. Since the wall was
Reilly, Jr., on that fateful day in 1969. names to the Vietnam War Memorial. built, hundreds of names have been
Larry Sr. survived that day. Junior did I urge my colleagues to support this added, and more work still needs to be
not. measure. I thank the Presiding Officer done. According to the Washington
For the rest of his life, Chief Reilly and Senator CRAMER for this effort to Post, one soldier’s name was etched
petitioned his country to give his son ensure that the Lost 74 are recognized. three times. Thirteen soldiers had their
and his fellow shipmates the very least The PRESIDING OFFICER. The Sen- names etched twice. While the wall
it could give to them—due recognition. ator from North Dakota. bears 58,390 names, they represent
I sat in Chief Reilly’s living room, Mr. CRAMER. Madam President, 58,276 different people. The Vietnam
and I have sat on Maryann Buettner’s whether North Dakotans, Granite Veterans Memorial Fund, which is re-
back porch and listened to her tell me Staters, or New Yorkers, these stories sponsible for the wall, conducted a
all about her son, Terry Lee Hender- are very moving. study which showed that flaws exist
son, who had also seen combat in Viet- When I first heard from Mr. Grant’s with names etched in the memorial. To
nam and also died in that awful acci- family, I was a Member of the House of think that we would not add the names
dent. Representatives. I looked into his re- of the Lost 74 when we know correc-
Chief Reilly passed away 2 years ago quest and introduced an amendment to tions already need to be made seems
this month, but his cause does not die the 2018 National Defense Authoriza- counterintuitive, if not downright lazy.
with him. These were living, breathing tion Act to inscribe the names of the Yet, despite all of this, despite the
boys who lost their lives wearing the Lost 74. veterans being forgotten, despite this
uniform of this great country. To in- While the measure unanimously legislation being sent here twice by the
scribe their names on a memorial is passed the House, it was blocked here House, despite a successful hearing on
but a small measure of peace for the in the Senate. So, when I came to the the bill, progress in the Senate has
families they left behind, the rightful Senate last year, introducing this leg- stalled. That is why my colleagues and
act of a nation that recognizes the sac- islation was one of my very first ac- I have asked the Department of De-
rifices of all its sons. tions and high priorities. fense to address this issue as well.
I yield to my colleague from New And I have had some success. We The Department has a mixed, if not
Hampshire. have 20 cosponsors—10 Republicans and negative, record with this issue. They
The PRESIDING OFFICER. The Sen- 10 Democrats—including the chairman tell you what you want to hear until
ator from New Hampshire. and the ranking Democrat on the sub- you go away and hope you never come
Mrs. SHAHEEN. Madam President, I committee that has jurisdiction. When back. Similar to this body, we have
am here to add my voice to the elo- Members from Montana to Maine, been met with complete silence—not a
quence of both Senator CRAMER and North Dakota to New Hampshire, and yes, not a no, not a maybe, not a sug-
Senator SCHUMER about the need to New York can come together on an gestion to make the proposal better.
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recognize those people who were lost issue as important as honoring the fall- We find their silence unacceptable;
on the Frank E. Evans. en sailors, I would hope this would gar- therefore, I am going to ask for unani-
We had two sailors from New Hamp- ner some attention—and it has. It has. mous consent to pass the Frank E.
shire who were lost that day: Ronald Last summer, the U.S.S. Frank E. Evans Act. The Lost 74, their loved
Arthur Thibodeau of Manchester, NH, Evans Act received its first-ever hear- ones, and their shipmates have waited
joined the Navy in 1967, and he was as- ing before a Senate Energy Sub- long enough. No matter how it can be
signed to the Frank E. Evans as radar- committee. I thank the chairman and spun, the choice before this Chamber is
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May 14, 2020 CONGRESSIONAL RECORD — SENATE S2441
to give the veterans the recognition I agree with my colleagues that it is Ms. DUCKWORTH. Mr. President, I
they deserve or to stand in their way. indeed unfortunate that we have this ask for the yeas and nays.
Madam President, with that, I ask designation, this eligibility criteria The PRESIDING OFFICER. Is there a
unanimous consent that the Com- that has left the honor that is due sufficient second?
mittee on Energy and Natural Re- these sailors open and unaddressed. It There appears to be a sufficient sec-
sources be discharged from further con- is unfortunate that we are here today ond.
sideration of S. 849 and the Senate pro- and that I stand left in a position to The clerk will call the roll.
ceed to its immediate consideration. I object despite the efforts that my staff The legislative clerk called the roll.
ask unanimous consent that the bill be on the Energy and Natural Resources Mr. THUNE. The following Senators
considered read a third time and passed Committee and I have made to work are necessarily absent: the Senator
and that the motion to reconsider be with Senator CRAMER, work with his from Tennessee (Mr. ALEXANDER), the
considered made and laid upon the team, work with DOD to find an ap- Senator from Arizona (Ms. MCSALLY),
table. proach that we should all be able to and the Senator from Nebraska (Mr.
The PRESIDING OFFICER. Is there agree on to memorialize these sailors. SASSE).
objection? As we are looking for that path, I do Further, if present and voting, the
The Senator from Alaska. stand to object to discharging this bill Senator from Tennessee (Mr. ALEX-
Ms. MURKOWSKI. Madam President, from the committee, but I will make ANDER) would have voted ‘‘yea’’ and the
reserving the right to object, I have the this commitment: This is a matter Senator from Arizona (Ms. MCSALLY)
honor to serve as the chairman of the that must be addressed. It is long over- would have voted ‘‘yea.’’
Energy and Natural Resources Com- due. We will find a way to honor these Mr. DURBIN. I announce that the
mittee, which does have jurisdiction sailors. But at this juncture, there re- Senator from Vermont (Mr. SANDERS)
over S. 849, the U.S.S. Frank E. Evans
main practical, legal, and technical is necessarily absent.
Act, but in that capacity as chairman,
considerations we have to resolve with The PRESIDING OFFICER. Are there
I now have the unenviable position of
the text with regard to the effort that any other Senators in the Chamber de-
having to rise to register an objection
my colleague from North Dakota is of- siring to vote?
at this moment.
I want it to be clear to my colleague fering today. At this time, I would like The result was announced—yeas 80,
from North Dakota, my colleague from to note my objection. nays 16, as follows:
The PRESIDING OFFICER (Mr. [Rollcall Vote No. 92 Leg.]
New Hampshire, my colleague from
YOUNG). Objection is heard.
New York, and all of those for whom The Senator from North Dakota.
YEAS—80
this is a measure on which they are Mr. CRAMER. Mr. President, if I Barrasso Gardner Peters
seeking this legislative endorsement— might address a couple of things, first
Bennet Gillibrand Portman
Blackburn Graham Reed
know that I have the absolute highest of all, we are here to change legal ob- Blumenthal Grassley Risch
regard for the men and women who jections. That is why we are the legis- Blunt Harris Roberts
serve our country and the sacrifices lative branch. We are the policymaking Booker Hassan Romney
they have made for all of us. Boozman Hawley Rosen
branch. The Department of Defense, Braun Hoeven
As the Senator from New Hampshire Rounds
with as much respect as I have for Capito Hyde-Smith Rubio
just mentioned, as we approach Memo- Cardin Inhofe
them and particularly for the Sec- Schumer
rial Day, I think what we seek to do is Carper Johnson
Scott (FL)
retary—they work for us. We don’t Casey Jones
to try to find ways to honor more of Scott (SC)
work for them. Cassidy Kaine
those who have served our great Nation Shaheen
I appreciate the commitment of the Collins Kennedy
Shelby
and a recognition that those who lost Coons King
chairman. I look forward to working Sinema
their lives on the Frank E. Evans de- Cornyn Klobuchar
with her and the committee on getting Cortez Masto Lankford Smith
serve a form of recognition—a recogni- Stabenow
to a markup and passing the legisla- Cotton Leahy
tion of all those who lost their lives in Cramer Lee Sullivan
tion so that we don’t have to submit
Vietnam. The story that has been re- Crapo Loeffler Thune
ourselves to the bureaucracy but, rath- Tillis
layed by colleagues here of the USS Cruz Manchin
er, can get things turned around to Daines McConnell Toomey
Frank E. Evans is truly one of the most Van Hollen
tragic that occurred during the Viet- where the bureaucracy submits itself Duckworth Menendez
Enzi Moran Warner
nam war. I am absolutely sympathetic. to the legislative branch. Ernst Murkowski Whitehouse
I thank the President, and I thank Feinstein Murphy Wicker
I have had these discussions with my
my colleagues from New York and New Fischer Perdue Young
colleague Senator CRAMER. I appreciate
Hampshire and certainly the chair-
the efforts that he is making now and NAYS—16
woman of the Energy Committee and
that he has made prior to his time here Baldwin Hirono Tester
in the Senate to recognize these sailors look forward to working on a resolu- Brown Markey Udall
who gave their lives in the incident. tion soon. Burr Merkley Warren
The reality that we face in the En- I yield the floor. Cantwell Murray Wyden
I suggest the absence of a quorum. Durbin Paul
ergy and Natural Resources Com- The PRESIDING OFFICER. The Heinrich Schatz
mittee—again, we are the committee of
clerk will call the roll. NOT VOTING—4
jurisdiction, as we have the oversight The legislative clerk proceeded to Alexander Sanders
of the National Park Service. But it is call the roll. McSally Sasse
not the National Park Service that de- Ms. DUCKWORTH. Mr. President, I
termines what or who is eligible for in- The bill (H.R. 6172), as amended, was
ask unanimous consent that the order passed.
scription on the wall. It is the Depart- for the quorum call be rescinded.
ment of Defense that is responsible for The PRESIDING OFFICER. The Sen-
The PRESIDING OFFICER. Without ator from Wisconsin.
determining whether members’ names objection, it is so ordered.
are eligible for inscription. This is Ms. DUCKWORTH. Mr. President, I f
based on very specific criteria that is ask unanimous consent to begin the
set not by those of us here in Congress, vote immediately. MORNING BUSINESS
not by those of us on the Energy Com- The PRESIDING OFFICER. Is there
mittee; it is set specifically by the De- objection? Mr. JOHNSON. Mr. President, I ask
unanimous consent that the Senate
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partment of Defense. Without objection, it is so ordered.
As has been raised here on the floor, The amendments were ordered to be proceed to a period of morning busi-
the criteria do not allow or accommo- engrossed and the bill to be read a ness, with Senators permitted to speak
date the timing. The Evans sailors do third time. therein for up to 10 minutes each.
not meet the eligibility criteria the The bill was read the third time. The PRESIDING OFFICER. Without
DOD has set out because it was not in The PRESIDING OFFICER. The bill objection, it is so ordered.
the defined combat zone of Vietnam at having been read the third time, the The PRESIDING OFFICER. The Sen-
the time of the 1969 mishap. question is, Shall the bill pass? ator from Minnesota.
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