[Page S37]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                          Biden Administration

  Mr. RICKETTS. Mr. President, one of the Federal Government's primary 
responsibilities--mentioned in the preamble of the Constitution no 
less--is to keep America safe.
  Right now, the world is a very dangerous place. Russia has launched 
an unprovoked war on Ukraine. Hamas, a terrorist organization backed by 
Iran, has attacked one of our strongest allies, Israel. There have been 
127 attacks on American servicemembers in Iraq and Syria. Houthi rebels 
are attacking shipping and our U.S. Navy in the Red Sea. The Chinese 
Communist Party has its eyes set on Taiwan and are violating our 
sovereignty with things like spy balloons and other forms of espionage.
  The responsibility for keeping America safe ultimately lies with the 
President of the United States. But he has a team of critical advisers 
who are essential to ensuring that Americans are defended. One of those 
advisers is the Secretary of Defense Lloyd Austin. The Secretary links 
the chain of command between the President and the uniformed military. 
The law is very clear: If the Secretary of Defense cannot do their job, 
there are protocols in place to ensure the chain of command remains 
intact. The law also requires proper notifications be made.
  Last week, Secretary Austin went to intensive care in a hospital 
after complications from surgery. We wish him well in his recovery. 
Yet, for 3 days, the Defense Department failed to notify the President, 
the National Security Council, even the Deputy Secretary Kathleen Hicks 
that the Secretary of Defense was in the hospital and unable to perform 
his duties.
  So let me get this right. The Secretary of Defense is in the 
hospital, the Deputy Secretary was on vacation in Puerto Rico, and 
nobody thinks to tell the President? Are you kidding me?
  The Pentagon's explanation that the chief of staff was unable to do 
routine notifications because she was sick does not hold water. 
America's national security cannot be put on hold for a sick day. 
During Austin's secret hospitalization, the U.S. military launched a 
drone strike on Baghdad, returned fire against Houthi rebels, and was 
considering other military action in the Middle East. Given the 
potential implications of these actions, it goes without saying that we 
needed our Secretary of Defense at the helm.
  Now, I am glad the Secretary's condition is improving. I know all of 
us want to wish him a speedy recovery from the infection and in his 
fight against prostate cancer. But the fact the Department did not 
inform Congress or the President, in contradiction to the law, is 
unacceptable and put Americans at risk. This shocking lack of 
transparency was more than just bad judgment; it was utter 
incompetence. But this is quickly becoming a feature, not a bug, of the 
Biden administration and how they run government.
  This administration failed to give the American people the facts 
about the Chinese spy balloon. This administration failed to give the 
American people the facts about the catastrophic withdrawal from 
Afghanistan. And Biden's border policies have created a catastrophe at 
our southern border.
  Now, we have a Secretary of Defense who went off the grid for 3 days 
without the President or his team even knowing, all this at a time when 
our adversaries are threatening American lives both at home and abroad. 
Americans need to be able to trust that their leaders are in charge.
  Right now, we have more questions than we have answers. Why was the 
law not followed, and who made that decision? Was there actually a 
period of time when nobody was in charge of the Defense Department?
  There must be consequences for this stunning incompetence. Americans 
deserve answers. Congress deserves answers.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Michigan.