July 25, 2019 - Issue: Vol. 165, No. 126 — Daily Edition116th Congress (2019 - 2020) - 1st Session
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ELECTION SECURITY; Congressional Record Vol. 165, No. 126
(Senate - July 25, 2019)
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[Pages S5078-S5080] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] ELECTION SECURITY Mr. SCHUMER. Mr. President, I have a unanimous consent request. I know my colleague from Connecticut has one as well. In deference to the leader's schedule, I will speak for a few minutes on mine, and then I will yield to Senator Blumenthal. He will speak for a few minutes on his, and then we will wait for the leader, who is supposed to come out in about 5 minutes, to object, if he so chooses. We will make the request after that. Now, yesterday, everybody heard Special Counsel Mueller, and there was a lot of dispute about obstruction of justice and things like that. There was virtually no dispute about two facts that Mueller said. One, the Russians interfered in our elections in 2016, and, two, they plan to do it in 2020. We rise on the floor because, when Russia or any foreign power seeks to interfere in our elections, it eats at the wellsprings of our democracy. The Founding Fathers, in their wisdom, said that one of the greatest threats to our democracy was foreign interference. Now we are faced with the specter of it, and we are asking our Republican colleagues to join with us in doing everything we can to stop it. This is serious stuff. Mr. Mueller said yesterday: Russian interference wasn't a single attempt. They are doing it as we sit here, and they expect to do it in the next campaign. That is Robert Mueller, one of the most authoritative voices on this issue. Mueller warned that ``much more needs to be done'' to fortify against future attacks, not just from Russia but from others looking to interfere in our elections as well. Mr. Mueller is not the only one calling for action on election security. FBI Director Wray, appointed by President Trump, has said the same. Director of National Intelligence Coats, also appointed by President Trump, has stressed that foreign actors ``will add new tactics as they learn from 2016.'' So we must do more. This is not a Democratic issue or a Republican issue. This is not a liberal issue or a moderate issue or conservative issue. This is an issue of patriotism, of national security, of protecting the very integrity of American democracy--something so many of our forebears died for. And what do we hear from the Republican side? Nothing. There is no credence to the claim made by the leader that we have already done enough in this Chamber. Mueller, Wray, and Coats all said that we need to do more--all of them. Here in the Senate, the Senate Intelligence Committee, led by Senator Burr of North Carolina, a Republican, has recommended we do more. They too say otherwise. Yet Leader McConnell and the Republican majority refuse to do anything. So in a moment I am going to ask unanimous consent to pass legislation that safeguards our election. This legislation passed the House nearly a month ago. It would provide immediate resources for the States to modernize their election infrastructure and establish a consistent funding stream to maintain it. The States say they need more money. It will require the use of paper ballots. Almost every expert agrees that that is needed to protect elections from manipulation, because if they manipulate the machines, the paper ballots will be a safeguard. It would require States to conduct postelection risk-limiting audits, and it would shore up the cyber security of voting systems and ensure that election technology vendors are held to the highest standards so the Russians or no one else can hack into these machines and interfere. These are not revolutionary changes. They are basic commonsense steps to greatly improve the security of our elections after President Putin conducted a systemic attack on our democracy and intends to do it again. The House has passed this bill already. We could deliver it to the President today. Now, the Republican leader has already indicated his intention to bury this bill in the legislative graveyard. That is a disgrace. That would be as if we said: We don't need a military. We don't need ships off our shores or planes in the air. Attacks on our elections are as great a threat to our national security as any other, and yet, for reasons inexplicable, the Republican leader refuses to bring legislation to the floor, legislation that has been crafted in a bipartisan way. Many of the bills that are before us have Democratic and Republican sponsors, and if the rumors are true, the leader urged the Republicans to back off. There are only two inferences, neither good. One is that the Republican side doesn't care about interference in our elections, and the other is that they want it because maybe they think it will benefit them. I know that President Trump doesn't like to talk about this. He childishly thinks this will cast aspersions on the legitimacy of his election. That is sort of a very babyish, selfish thing to think when our security is at risk. But where are our Republican colleagues when our national security is threatened? Where are our Republican colleagues? If we invite the Russians to interfere by not doing enough and they do and Americans lose faith in the fundamental wellspring of America, our grand democracy, this is the beginning of the end of democracy in this country. As George Washington, James Madison, and Benjamin Franklin warned us, we must do all we can to prevent foreign interference in our elections. By allowing this UC request to go through, we will be taking a giant first step. I hope the leader goes along. And, again, if he says the States don't need it, the States say they do. They are the judge. I will be asking my request in a minute, but first let me yield to Senator Blumenthal, who will also have a UC request. The PRESIDING OFFICER. The Senator from Connecticut. Mr. BLUMENTHAL. Mr. President, I thank my colleague from New York, our distinguished leader, for his very powerful and compelling remarks and for his steadfast leadership on this issue of election security. The issue of election security goes to the core of our national security. In the last Presidential election, this Nation was attacked. It was an attack as pernicious and insidious as any in this country's history, although it was less [[Page S5079]] visible than bombs dropped at Pearl Harbor and less dramatic than the attacks on our troops elsewhere, whether in Iraq and Afghanistan. It was an attack on this Nation, and some of us have called it, in fact, an act of war on both sides of the aisle. On both sides of the aisle there has been unanimity, in fact, that the attack was by the Russians through social media and through other means and tools of misinformation and disinformation to interfere with our election. That unanimity comes not only from Robert Mueller, a distinguished public servant and dedicated American, but also from our entire intelligence community. There is only one person in a position of authority who disagrees, and that is the President of the United States, who finds Vladimir Putin more credible than our intelligence community and has said so publicly. In a few moments, I will ask for unanimous consent for the passage of S. 1247, the Duty to Report Act, which would address the President's saying very explicitly that he would accept outside help from a foreign power, again, in the course of an election. The proof is overwhelming that the Trump campaign accepted it in the last election. But even disputing those facts, even putting aside the President's contention that there was never an attack from the Russians, the opinion is overwhelming that we must act on a very simple idea: If you see something, say something. The Duty to Report Act that I have offered would require companies, candidates, and family members to immediately report to the FBI and to the Federal Election Commission any offers of Federal assistance. It codifies into law what is already--I think we all agree--a moral duty, a patriotic duty, a matter of common sense. It is already illegal to accept foreign assistance during a campaign. It is already illegal to solicit foreign assistance during a campaign. All this bill does is require campaigns and individuals to report such illegal foreign assistance directly to the FBI. Yesterday, Robert Mueller came before Congress to answer questions about his sweeping investigation and 448-page report. This report documents compellingly and convincingly the most serious attack on our democracy by a foreign power in our history. It tells the story of 140 contacts between the Trump campaign and Russian agents. It proves Russian covert and overt efforts to influence the outcome of our election by helping one candidate and hurting another. It shows powerfully the Trump campaign's knowledge of that effort and willingness to accept that help. Mueller testified yesterday: Over the course of my career, I've seen a number of challenges to our democracy. The Russian government's effort to interfere in our election is among the most serious. As I said on May 29, this deserves the attention of every American. The legislation Senator Schumer is offering through unanimous consent now, the legislation that I am offering by unanimous consent now, is necessary as a matter of urgent national security. We have no choice but to defend our Nation and our democracy. Given the sweeping, sophisticated attack by the Russians outlined in the Mueller report and confirmed by his testimony yesterday, we have an obligation to act now, as we would against any impending attack in our history. Just the day before yesterday, FBI Director Christopher Wray came before the Judiciary Committee and warned that the Russians are actively trying to interfere in our elections right now, in real time, as we speak here. He has told this body that if a foreign agent or government tries to help a campaign, the FBI would want to know about it. That also is a matter of simple moral duty, patriotic duty, and common sense. When asked if he would accept foreign help in 2020, the President said, ``I'd take it.'' This is much like when his son, Don Junior, said ``I love it'' in response to Russia's offer of assistance to the Trump campaign in the June 9th meeting now infamous in these Halls and in the country. When Mueller was asked about this yesterday, he said, ``I hope this is not the new normal, but I fear it is.'' Well, it doesn't have to be the new normal if Congress passes the Duty to Report Act. This legislation would ensure that if any campaign--literally any campaign-- were offered any assistance from any foreign government in any future election, the FBI would learn of it. Mr. President, 2016 was just a dress rehearsal. We can expect that the same will happen with greater intensity and sophistication in the election to come. We have a duty to act against it--taking the measure sent to us by the House of Representatives, introduced for unanimous consent by Senator Schumer now, and the Duty to Report Act now--so that we protect our democracy going forward. Mr. President, I yield the floor. The PRESIDING OFFICER. The Democratic leader. Mr. SCHUMER. Mr. President, I ask unanimous consent to have printed in the Record a letter from 21 attorneys general saying they need more election assistance to protect against foreign interference. There being no objection, the material was ordered to be printed in the Record, as follows: State of Minnesota, Office of the Attorney General, St. Paul, MN, June 18, 2019. Hon. Richard Shelby, Chairman, Senate Committee on Appropriations, Washington, DC. Hon. Roy Blunt, Chairman, Senate Committee on Rules and Administration, Washington, DC. Hon. Patrick Leahy, Vice Chair, Senate Committee on Appropriations, Washington, DC. Hon. Amy Klobuchar, Ranking Member, Senate Committee on Rules and Administration, Washington, DC. Dear Honorable Committee Members: The undersigned Attorneys General write to express our significant concern regarding the persistent threats to our election systems and to urge Congress to take action to protect the integrity of our election infrastructure. Intelligence officials and the Department of Justice continue to warn that our election systems have been a target for foreign adversaries and that those same adversaries are currently working to undermine the upcoming elections. The Special Counsel's Report concludes that Russia interfered in our elections in a ``sweeping and systematic fashion.'' New reports confirm that Russia successfully breached election systems in Florida and the Department of Homeland Security is reviewing computers used in North Carolina after the state experienced irregularities on Election Day. In addition, documents leaked by the National Security Agency show that hackers working for Russian military intelligence installed malware on a voting systems software company used in eight states, including North Carolina. Russia's military intelligence service also broadly performed reconnaissance on state and local election boards, researched--and in some cases targeted--the election infrastructure of all 50 states, successfully invaded state election websites to steal sensitive information from tens of thousands of American voters, and hacked into a company that supplies voting software to states across the U.S. In the wake of these attacks on our democracy, the Congress and Federal Government have taken some important steps to address the threats facing our democracy. The Department of Homeland Security is working with states to improve election security, and in the 2018 Omnibus, Congress provided $380 million in grant funding to help states secure their election systems. The Election Assistance Commission, the federal agency charged with disseminating and auditing the election security grants, projects that states will spend approximately $324 million, or 85 percent of the grant funds, prior to the 2020 elections. This funding was an important first step in helping to secure our election infrastructure, however more must be done. Our state and local election officials are on the front-lines of the fight to protect our election infrastructure, but they lack the resources necessary to combat a sophisticated foreign adversary like Russia. Therefore, we respectfully request that you provide additional assistance to states seeking to modernize their elections systems and take the following actions to protect our elections from future attacks: Provide additional election security grants to states and localities. Today, more than at any other time in our nation's history, election officials face unique challenges that require access to federal financial support. Additional funding for voting infrastructure will not only allow states to upgrade election equipment and voter registration systems and databases, it will allow them to further fortify their election systems from [[Page S5080]] future cyberattacks. Sustained federal funding is necessary to pay for continued training, equipment replacements, software upgrades and implementation of security controls. This funding is vital if we are to adequately equip our states with the resources we need to safeguard our democracy. Support the establishment of cybersecurity and audit standards for election systems. It is critical that the federal government work with elections officials and technical experts to establish guidelines and best practices for election security. We believe that the U.S. Election Assistance Commission should update its standards for voting machines and take a stronger regulatory role in testing voting equipment before it is sold to states. The federal government should also keep state elections officials closely informed about suspected breaches, alerts, and related intelligence. There should be clear channels of communication so that local and state officials can share information with federal authorities. Pass election-security legislation. Last year, a group of state attorneys general voiced support for the Secure Elections Act, bipartisan legislation that would improve information sharing and strengthen election security. We reiterate our support for action on election security reform. The National Association of Secretaries of State and our state elections officials can be a valuable resource as Congress considers specific proposals. The nature of the threat against our election systems requires the federal government to provide increased assistance to the states. Securing our election systems is a matter of national security and we hope that you will take immediate action to protect our election infrastructure and restore Americans' trust in our election systems. Keith Ellison, Attorney General of Minnesota; Philip Weiser, Attorney General of Colorado; Kathleen Jennings, Attorney General of Delaware; Kwame Raoul, Attorney General of Illinois; Brian Frosh, Attorney General of Maryland; Dana Nessel, Attorney General of Michigan; Xavier Becerra, Attorney General of California' William Tong, Attorney General of Connecticut; Clare E. Connors, Attorney General of Hawaii; Tom Miller, Attorney General of Iowa; Maura Healey, Attorney General of Massachusetts; Jim Hood, Attorney General of Mississippi; Aaron D. Ford, Attorney General of Nevada; Letitia James, Attorney General of New York State; Ellen Rosenblum, Attorney General of Oregon; Peter Neronha, Attorney General of Rhode Island; Mark R. Herring, Attorney General of Virginia; Hector Balderas, Attorney General of New Mexico; Josh Stein, Attorney General of North Carolina; Josh Shapiro, Attorney General of the Commonwealth of Pennsylvania; T.J. Donovan, Attorney General of Vermont; Bob Ferguson, Attorney General of Washington State. Unanimous Consent Request--H.R. 2722 Mr. SCHUMER. Mr. President, I ask unanimous consent that the Rules Committee be discharged from further consideration of H.R. 2722, the SAFE Act; that the Senate proceed to its immediate consideration; that the bill be read a third time and passed; and that the motion to reconsider be considered made and laid upon the table with no intervening action of debate. The PRESIDING OFFICER. Is there objection? The majority leader. Mr. McCONNELL. Mr. President, reserving the right to object, what my friend the Democratic leader is asking unanimous consent to pass is partisan legislation from the Democratic House of Representatives relating to American elections. This is the same Democratic House that made its first big priority in this Congress a sweeping partisan effort to rewrite all kinds of the rules of American politics--not to achieve greater fairness but to give themselves a one-sided political benefit. The particular bill the Democratic leader is asking to move by unanimous consent is so partisan that it received one--just one-- Republican vote over in the House. Clearly, this request is not a serious effort to make a law. Clearly, something so partisan that it only received one single solitary Republican vote in the House is not going to travel through the Senate by unanimous consent. It is very important that we maintain the integrity and security of our elections in our country. Any Washington involvement in that task needs to be undertaken with extreme care and on a thoroughly bipartisan basis. Obviously, this legislation is not that. It is just a highly partisan bill from the same folks who spent 2 years hyping up a conspiracy theory about President Trump and Russia and who continue to ignore this administration's progress in correcting the Obama administration's failures on this subject in the 2018 election; therefore, I object. The PRESIDING OFFICER. Objection is heard. The Democratic leader. Mr. SCHUMER. Mr. President, just for a moment, there are bipartisan bills on this issue which the Republican majority has objected to. I suggest to my friend the majority leader, if he doesn't like this bill, let's put another bill on the floor and debate it. So far, we have done nothing--absolutely nothing in this Chamber to protect our country and its election security. I yield the floor. The PRESIDING OFFICER. The Senator from Connecticut. Unanimous Consent Request--S. 1247 Mr. BLUMENTHAL. Mr. President, I have a separate bill. It has not come to us from the House, but it should have bipartisan support. I ask unanimous consent that the Rules Committee be discharged from further consideration of S. 1247; that the Senate proceed to its immediate consideration; that the bill be read a third time and passed; and that the motion to reconsider be considered made and laid upon the table with no intervening action or debate. The PRESIDING OFFICER. Is there objection? Mr. McCONNELL. I object. The PRESIDING OFFICER (Mrs. Fischer). Objection is heard. The majority leader. Business Before the Senate Mr. McCONNELL. Madam President, for the information of all of our colleagues, I want to provide an update on the remaining items the Senate needs to complete before we adjourn for the August State work period. Here is what we need to accomplish before Members depart next week: We need to confirm well-qualified nominees to two open positions of utmost importance--the Deputy Secretary of Defense and our Ambassador to the U.N. These jobs are important, the nominees are impressive, and we need to confirm David Norquist and Kelly Craft next week. Obviously, we need to pass the bipartisan funding agreement that President Trump's negotiating team worked out with Speaker Pelosi. The House will pass it today. The President is strongly in support of it. The Senate needs to pass it and put it on the President's desk next week. We need to make more headway on the backlog of qualified judicial nominees who are waiting for confirmation, so next week we will also need to process a significant, bipartisan package of district court nominees. That is our to-do list for next week--the Deputy Secretary of Defense, the U.N. Ambassador, the bipartisan government funding agreement, and a significant group of well-qualified judges. Not bad for a week's work. That is what the Senate will accomplish before we adjourn for August. ____________________
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