Mitch McConnell

Mr. McCONNELL

Mr. McCONNELL. Madam President, speaking of keeping our Nation safe, the Senate has work of our own to do this week to ensure the safety and security of our Nation. In addition to fighting this historic pandemic, it is also our job to keep sight of the other threats to national security that are still evolving, independent of COVID-19. Far from any frontline hospital, the PRC's domineering approach to contested territories in the South China Sea is keeping the men and women of the U.S. Seventh Fleet on high alert. From dark corners of cyber space, Russia busies our national security and intelligence experts with a steady flow of infectious propaganda and disinformation. From the Mediterranean to the Gulf of Aden, Iran continues to expand its regional influence, sow division, promote terror, and threaten America and its partners. And across Afghanistan, the Taliban, al-Qaida, and ISIS continue to undermine the work of an international coalition and a representative government. These are just a few of the global threats that were with us long before the COVID-19 crisis, and they have only gotten worse during the pandemic. History reminds us that when great nations confront profound challenges at home, their enemies and competitors do not pause their own efforts until the situation becomes more stable. Rather, from Beijing to Moscow, to caves in the Middle East, our adversaries would be tickled pink if the coronavirus caused the United States to lose our ability to multitask. Some of our Democratic colleagues have implied recently that it is beneath the Senate--beneath the Senate--to spend time on any business that does not exclusively pertain to the pandemic. I could not disagree more strongly. Common sense tells us that this crisis demands more vigilance on the other fronts of national security, not less. When we take our oaths of office as U.S. Senators, we swear to defend the Constitution against all enemies, foreign and domestic. This coronavirus may have shoved its way to the top of that list, but the list is still a long one, indeed. Unfortunately, for several weeks now, our Nation has been less prepared than normal to defend ourselves against those who wish us harm, and it is not because of the coronavirus. It is because House Democrats have failed to act. Back in March, the Senate passed a clean short-term extension of key authorities under the Foreign Intelligence Surveillance Act, while a broader renegotiation was under way. After the shameful abuses of the FISA process that marred the 2016 Presidential campaign, there was a clear need for meaningful reforms to bring more daylight and accountability into the process. But at the same time, many of us on both sides of the aisle were absolutely intent on preserving these critical national security tools that have helped keep America safe. While discussions were under way on how to strike the right balance, the Senate passed a bipartisan short-term extension so these important tools could remain in our national security professionals' hands while Congress got our act together. Unfortunately, Speaker Pelosi let that extension sit on her desk and gather dust. So, for more than 8 weeks--8 weeks--these important tools have gone dark. Fortunately, the Attorney General and Members of Congress have worked together to craft a compromise solution that will implement needed reforms while preserving the core national security tools. These intense discussions produced a strong bill that balances the need for accountability with our solemn obligation to protect our citizens and defend our homeland. I understand several of our colleagues believe this compromise bill is not perfect. Sadly, imperfection is a fact of life when it comes to compromise legislation. While I respect my distinguished colleagues whose amendments we will be voting on later today, I urge Senators to vote against them. The current bill in its current form already strikes the correct and delicate balance, and there is certainly no guarantee that another, new version of this legislation would necessarily pass the House or earn the President's support. This version has already done both. We cannot let the perfect become the enemy of the good when key authorities are currently sitting expired and unusable. In sum, while the Senate continues overseeing the national response to the coronavirus crisis, we are also making sure the pandemic does not inflict even greater harm by distracting us from other threats and challenges that preceded it. Off the floor, our committees are working through a number of pressing national security nominations, from the Director of National Intelligence to the Secretary of the Navy, to other high-level openings at the Pentagon. When the time comes, I hope we will be able to fill these crucial openings promptly through bipartisan cooperation on the floor. I hope our Democratic colleagues think carefully before applying reflexive partisan delays even to vital security positions during a global emergency. We cannot put Homeland Security on autopilot because another crisis has our attention. The Senate can, will, and must continue to pay attention to both.

Mr. McCONNELL

Mr. McCONNELL. I suggest the absence of a quorum.

Mr. McCONNELL

Mr. McCONNELL. I ask unanimous consent that the bill be considered read a third time. The bill was ordered to a third reading and was read the third time.

Mr. McCONNELL. I know of no further debate on the bill.

Mr. McCONNELL. I ask unanimous consent that the motion to reconsider be considered made and laid upon the table.

Mr. McCONNELL. Mr. President, I ask unanimous consent that the Committee on Energy and Natural Resources be discharged and the Senate proceed to the immediate consideration of H.R. 943.

Mr. McCONNELL

Mr. McCONNELL. Mr. President, I ask unanimous consent that at 12 noon tomorrow, the Senate vote in relation to the Paul amendment to H.R. 6172, if offered. I further ask that at 1:30 p.m. tomorrow, the Senate vote on the passage of H.R. 6172, as amended, as under the order of March 16.

Mr. McCONNELL

Mr. McCONNELL. Madam President, I ask unanimous consent that when the Senate completes its business today, it adjourn until 10 a.m., Wednesday, May 13; further, that following the prayer and pledge, the morning hour be deemed expired, the Journal of proceedings be approved to date, the time for the two leaders be reserved for their use later in the day, and morning business be closed; further, that following leader remarks, the Senate proceed to consideration of H.R. 6172 under the previous order.

Mr. McCONNELL

Mr. McCONNELL. Madam President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. McCONNELL

Mr. McCONNELL. Madam President, if there is no further business to come before the Senate, I ask unanimous consent that it stand adjourned under the previous order.

Mr. McCONNELL

Mr. McCONNELL. Madam President, our healthcare sector continues to battle the coronavirus at every level. Doctors, nurses, hospital workers, researchers, and public health leaders are working constantly to protect Americans and fight this invader. Unfortunately, the last 2 months' stoppage of much of our national life was never going to permanently extinguish the virus. That task will be ongoing. The stated purpose of this effort was to prevent a rapid spike that could have completely overwhelmed the medical capacities of many areas. The patriotic sacrifices of the American people have worked. We have bought our healthcare system that breathing room we needed. As we cautiously move forward, major precautions will remain in place. Some routines will not go back to normal for a long time. But as a nation, we will need to regroup and find a more sustainable middle ground between total lockdown and total normalcy. Let me say that again. We need to find a middle ground between total lockdown and total normalcy. While we keep battling the virus through testing, tracing, isolation, treatment, and hopefully soon, a vaccine, we need to smartly and safely begin to reopen our country. If Americans want to go back to work and back to school in the fall, we will need to reopen the country. No doubt, there will be many discussions here in Congress about more ways we can help make that happen. Already, we are hearing that House Democrats are cobbling together another big laundry list of pet priorities. Even the media is describing it as a partisan wish list with no chance of becoming law. That is exactly the wrong approach. It is the wrong approach when a senior Democrat calls this pandemic ``a tremendous opportunity to restructure things to fit our vision.'' It is the wrong approach when former Vice President Biden calls this tragedy an ``incredible opportunity . . . to fundamentally transform the country.'' The American people don't need a far-left transformation. They just need a path back to the historically prosperous and optimistic moment that they had built for themselves until about 12 weeks ago. The American people don't need a far-left transformation. They just need a path back to the historically prosperous and optimistic moment they had built for themselves until about 12 weeks ago. American workers don't need Washington to inflict some far-left, extreme makeover on our country. They need us to get rid of obstacles that might stand in their way. One such obstacle is becoming obvious. A second epidemic of frivolous lawsuits could follow the actual pandemic and crush our recovery before it begins. Already, more than two-thirds of independent business owners say they are specifically worried about a legal liability minefield getting in the way of reopening. Already, lawyers have begun filing hundreds of COVID-related complaints in courts all across our country. This is exactly the kind of hostile environment that could take our reopening and recovery from challenging to downright impossible. So the Senate is going to act. Senate Republicans are preparing a major package of COVID-related liability reforms to foster our economic recovery. This package, which Senator Cornyn and I are spearheading, will extend significant new protections to the people who have been on the frontlines of this response and those who will be on the frontlines of our reopening. First and foremost, we are going to protect the healthcare workers who have been locked in combat with this mysterious new disease. We are not going to let healthcare heroes emerge from this crisis facing a tidal wave of medical malpractice lawsuits so that trial lawyers can line their pockets. We aren't going to federalize the entirety of medical malpractice law, but we are going to raise the liability threshold for COVID- related malpractice lawsuits. This will give our doctors, nurses, and other healthcare providers a lot more security as they clock in every day and risk themselves to take care of strangers. Second, we are including new legal protections for the businesses, nonprofits, and government agencies that have kept serving throughout the crisis and for those that will need to lead the reopening. We are facing the worst layoffs since the Great Depression and a storm of uncertainty for Main Street businesses. Americans want to get back to work, and we need to do everything in our power to help that happen. Also, K-12 schools, colleges, and universities right now are completely uncertain about the fall. If we want schools to reopen this fall, we will have to create the conditions to make that possible. If we want schools to reopen this fall, we have to create the conditions to make that possible. If we want even an outside shot at the kind of brisk rehiring that American workers deserve, we have to make sure opportunistic trial lawyers are not lurking on the sidewalk outside every small business in America, waiting to slap them with a lawsuit the instant they turn the lights back on. Our legislation is going to create a legal safe harbor--safe harbor-- for businesses, nonprofits, governments, and workers and schools that are following public health guidelines to the best of their ability. To be clear now, we are not talking about immunity from lawsuits. There will be accountability for actual gross negligence and intentional misconduct. That will continue. We aren't going to provide immunity, but we are going to provide some certainty. If we want American workers to clock back in, we need employers to know that if they follow the guidelines, they will not be left to drown in opportunistic litigation. We are going to make sure it is the trial lawyers and not struggling job creators who will need to clear a very high legal burden. In addition, I hope our bill will find ways to expand existing protections for the manufacturers of therapeutics, diagnostics, and potential vaccines--things we are urging the private sector to produce as fast as possible. And I hope we will be able to create new protections for other medical equipment manufacturers, as well, like the policies we put in the CARES Act to increase the supply of masks. So it is all well and good to give rhetorical tributes here on the floor to healthcare professionals, essential workers, key industries, small businesses, charities, and nonprofits. Rhetoric is well and good. Words matter, but actions matter more. Americans on the frontlines do not just need Senators to talk about how important they are. They need action. They need us to provide the same kinds of commonsense legal protections that Congress has enacted a number of times previously in difficult or unusual periods. American taxpayers deserve these protections as well. The men and women of this country just saw Congress commit historic amounts of their own money to sweeping recovery legislation so that we could help healthcare facilities and small businesses survive the crisis. We are not going to stand idly by while a small group of wealthy lawyers vacuum up this relief money and redirect it into their own pockets. Strong legal protections are the right move for doctors, nurses, hospitals, schools, and universities; for workers who want their jobs back, for small business owners who are struggling to stay open, and for nonprofits that have helped the vulnerable; and for taxpayers, who want their money to finance a real national rescue and not the biggest trial lawyer bonanza in American history. Senate Republicans are going to continue to develop this legislation. It is going to be a redline for us in any future coronavirus legislation. The administration has already stated its support for action on this issue as well. American heroes across our country deserve these basic protections. This Senate majority will make sure they get them. I suggest the absence of a quorum.

Mr. McCONNELL

Mr. McCONNELL. Madam President, I ask unanimous consent that following leader remarks on Wednesday, May 13, the Senate proceed to the consideration of H.R. 6172 under the order of March 16. I further ask that at 12 noon, the Senate vote in relation to the McConnell side- by-side amendment to the Daines amendment, if offered. I further ask unanimous consent that following disposition of the McConnell amendment, the Senate vote in relation to the Daines amendment.

Mr. McCONNELL

Mr. McCONNELL. Mr. President, the Senate is back for its second week in session, and we have more important work to do for the American people. While our Nation fights the coronavirus pandemic, many of our fellow Americans have been taking new safety precautions but continue to show up to perform essential work. Because of delivery drivers and grocery clerks, families can keep food on their shelves. Because of utility workers, people hunkered down at home have power. Because of pharmacists manning their counters, Americans have been able to keep getting the medicines they need so this health crisis does not compound itself. Then, of course, there has been the selfless work of so many doctors, nurses, and other healthcare professionals. Frankly, even the word ``essential'' does not do full justice to all the new American heroes we have met these past weeks. In my home State of Kentucky, we met people like Leilani Krause. She is a 30-year nursing veteran who now oversees care at a senior living facility in Louisville. A few weeks ago, she herself contracted the coronavirus. Even as she stayed home to recover, she never stopped working. She still did all she could to coordinate her patients' care over video calls. As soon as she felt better and doctors gave her the all-clear, she checked right back into work right on the frontlines. I want to thank all of my Senate colleagues as we continue to perform our essential responsibilities to serve citizens like Miss Krause and so many other American heroes all across our country. Of course, much of the work before us relates to the pandemic itself. Our committees of jurisdiction are attacking COVID-19 and its effects from every angle. This week, Chairman Alexander and our colleagues on the HELP Committee will hold a major hearing on smart and safe ways for Americans to get back to work and back to school. They will hear expert testimony from the very top leaders: Dr. Fauci, Dr. Redfield, Dr. Hahn, and Admiral Giroir from HHS. Chairman Crapo and the Banking Committee will hear from representatives from the Federal Reserve and the FDIC on financial regulation. Obviously, that is an essential topic as the government continues to push out billions and billions of dollars in emergency liquidity following the CARES Act. With huge numbers of Americans working, teaching, and learning from home and with telemedicine more important than ever, the Commerce Committee will hear from experts about access to broadband internet during the crisis. The Judiciary Committee will hold an important hearing on issues of legal liability during this unprecedented time. It is crucial that as we continue to fight the pandemic itself, we ensure it is not followed up by a second job-killing epidemic of frivolous lawsuits. This would be just about the worst time in living memory to let trial lawyers line their pockets at the expense of the rest of our country. The Senate is going to play a strong role in ensuring that does not happen. While our committees are working away, here on the floor, we will start this week by confirming two more qualified nominees to important posts that should not remain empty at this time. We will begin with Brian Montgomery of Texas, named by President Trump to serve as Deputy Secretary of Housing and Urban Development. Then we will turn to Troy Edgar of California to be Chief Financial Officer at the Department of Homeland Security. I understand some of my distinguished Democratic colleagues complain that the full Senate should not have to spend more time on these sorts of uncontroversial executive branch nominees. I agree. But as long as their own Democratic leadership continues to hold important posts open for as long as possible in order to just spite the White House, as long as the minority continues to break from longstanding Senate precedent to obstruct even the least controversial nominees, then, frankly, they will have to continue to show up and vote on them. The floor votes they say they dislike are the direct result of their own tactics. We are also going to take up important legislation this week. While COVID-19 rightly dominates headlines around the world, the United States of America also faced many serious threats before this virus began to spread, and they are still with us today. Later this week, we will turn back to reauthorizing important authorities under the Foreign Intelligence Surveillance Act. This is urgent because the House refused to take up the Senate's short-term extension of important counterterrorism and counterintelligence authorities before they left town. House Democrats let these tools expire, so we must act quickly to clean up their mess and renew these authorities, which our government needs to fight terrorists and check the agents of China and Russia. The bipartisan bill we will take up was negotiated exhaustively by House Republicans and the Attorney General of the United States. Determined advocates for reform after the shameful abuses of 2016 sat down with determined defenders of the good parts of these tools, and they hammered out a strong compromise. The legislation will introduce more daylight and more accountability into the FISA process where appropriate, but it will ensure that the embarrassments of 2016 do not jeopardize these essential national security tools altogether. I hope the Senate will be able to dispatch the amendments that we will consider and pass this important legislation on a bipartisan basis to keep the American people safe.

Mr. McCONNELL

Mr. McCONNELL. Mr. President, I suggest the absence of a quorum.

Mr. McCONNELL

Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate proceed to legislative session for a period of morning business, with Senators permitted to speak therein for up to 10 minutes each.

Mr. McCONNELL

Mr. McCONNELL. I ask unanimous consent that the committee-reported substitute amendment be withdrawn; that the Inhofe substitute amendment at the desk be considered and agreed to; that the bill, as amended, be considered read a third time and passed; and that the motion to reconsider be considered made and laid upon the table.

Mr. McCONNELL. Mr. President, I ask unanimous consent the Senate proceed to the immediate consideration of Calendar No. 100, S. 249.

Mr. McCONNELL

Mr. McCONNELL. Mr. President, I ask unanimous consent that when the Senate completes its business today, it adjourn until 10:30 a.m., Tuesday, May 12; further, that following the prayer and pledge, the morning hour be deemed expired, the Journal of proceedings be approved to date, the time for the two leaders be reserved for their use later in the day, and morning business be closed; further, that following leader remarks, the Senate proceed to executive session and resume consideration of the Montgomery nomination; further, that notwithstanding rule XXII, the Senate vote at 12 noon on the confirmation of the Montgomery nomination and that, if confirmed, the motion to reconsider be considered made and laid upon the table and that the President be immediately notified of the Senate's action; further, that the Senate recess following the confirmation vote on Montgomery until 2:15 to allow for the weekly conference meetings; finally, that notwithstanding rule XXII, the Senate vote on cloture on the Edgar nomination at 2:15.

Mr. McCONNELL

Mr. McCONNELL. Mr. President, if there is no further business to come before the Senate, I ask unanimous consent that it stand adjourned under the previous order.

Mr. McCONNELL

Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate proceed to the consideration of S. Res. 568, submitted earlier today.

Mr. McCONNELL. I ask unanimous consent that the resolution be agreed to, the preamble be agreed to, and the motions to reconsider be considered made and laid upon the table with no intervening action or debate.

Mr. McCONNELL

Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of S. Res. 569, which was submitted earlier today.

Mr. McCONNELL. I further ask unanimous consent that the resolution be agreed to, the preamble be agreed to, and the motions to reconsider be considered made and laid upon the table with no intervening action or debate.

Mr. McCONNELL

Mr. McCONNELL. Mr. President, I move to proceed to executive session to consider Calendar No. 547.

Mr. McCONNELL

Mr. McCONNELL. Mr. President, I send a cloture motion to the desk.