[Congressional Record Volume 164, Number 17 (Wednesday, January 24, 2018)]
[Senate]
[Pages S496-S498]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DETER Act
Mr. President, I would like to turn now to another security threat to
our country--a threat, really, to the core of our democracy--and that
is foreign interference in our elections.
We all know we have great divisions and differences on lots of issues
around our country and in this body, but one thing that should unite us
all and one principle that should bring us all together, Democrats and
Republicans alike--in fact, Americans, regardless of political party or
political stripe--is that we should protect our democratic process. We
should protect the integrity of our elections and our democratic
institutions.
We know that our democracy has been under threat by foreign powers
that want to interfere in our democratic process. In a declassified
report released in January of last year, the intelligence community
unanimously assessed that ``Russian President Vladimir Putin ordered an
influence campaign in 2016 aimed at the U.S. Presidential election.''
As part of that campaign, the Kremlin hacked and released emails of the
DNC. It could be the DNC yesterday, and it could be the RNC tomorrow.
It could be any entity that they would seek to disrupt.
In 2016 they also breached voter registration databases of State and
local election boards. They hacked a major voting software supplier and
launched an extensive disinformation campaign targeting American voters
during the 2016 election cycle. Their goal was not just to disrupt the
candidacy of Secretary Clinton. Our intelligence community has assessed
that Russia sought ``to undermine public faith in the U.S. democratic
process.'' Even more importantly, the unanimous consensus of the
intelligence community was that Moscow will apply its ``lessons
learned'' to future elections in the United States and around the
world.
We know that cyber attacks on our electoral system are only going to
get more aggressive and more sophisticated over time, and Russia is not
the only foreign power capable of waging a cyber war on our democracy.
We should expect that other hostile actors will seek to undermine our
democratic system, as well.
With this in mind--even as we assess what happened in 2016--it is
really important that we come together to focus on what could happen in
2018 and beyond. We need to work together urgently to prevent these
attacks on our democracy. The question is, How do we do that? There are
lots of things we can be doing, but one way is to make very clear to
any foreign adversary that the costs of interfering in our elections
far outweigh the benefits.
In order to effect that calculation, Senator Rubio and I recently
introduced the Defending Elections from Threats by Establishing
Redlines, or the DETER, Act. The DETER Act is a bipartisan bill, and it
is designed to be forward looking and to prevent foreign interference
in our elections. It sends an unequivocal message to any foreign power:
If you attack American candidates, campaigns, or voting infrastructure,
you will automatically face severe consequences, and we will use the
full range of the tools at our disposal to impose those punishments.
To start, the DETER Act mandates regular reporting from the executive
branch to the Congress on foreign threats to our elections.
Specifically, it requires the Director of National Intelligence to
issue a determination to Congress, not more than one month after every
Federal election, on whether or not a foreign government or an agent
acting on behalf of a foreign government has interfered in that
election.
The Director of National Intelligence will talk to all of their
colleagues in the intelligence community, make a determination about
whether or not there has been interference in an election, and report
to Congress as to whether that answer is yes or no.
The DETER Act lays out four redlines--four criteria--that actors
cannot cross without retaliation from the United States. If you go over
this tripwire, you will face severe penalties.
What are the tripwires?
First, a foreign government cannot hack the infrastructure of
elections and campaigns and leak or alter that information. This
ensures that a foreign power would pay a stiff price for leaking
campaign emails or breaching voter registration databases--all actions
Russia undertook in 2016.
Second, a foreign government could not block or disrupt access to the
infrastructure of campaigns and emails without tripping the penalty
provisions. This means, for instance, that a foreign adversary could
not launch distributed denial-of-service attacks on websites providing
voters with information on their polling locations. We have seen Russia
employ these attacks to undermine elections in parts of Europe, and
they could do the same here in the United States in the future.
Third, a foreign government cannot purchase advertising intended to
influence an election, including online ads. This is already prohibited
by our law. So it makes sense to make this one of the redlines that
cannot be crossed without suffering the penalties laid out in the bill.
We know that Russia purchased more than 3,000 Facebook ads during the
2016 cycle to sow divisions among Americans on issues like immigration,
gun rights, the Black Lives Matter movement, and Muslim Americans. They
targeted these ads to maximize turmoil and polarization.
Finally, the bill sets up another redline--another tripwire--where a
foreign government cannot use social or traditional media to spread
significant amounts of false information to Americans. We know that
Russia mobilized an army of bots and trolls to promote false
information to Americans during the 2016 cycle. In fact, the Kremlin
even established a troll farm in St. Petersburg with staff dedicated to
spreading this false and divisive content in the United States. Under
the bill I introduced with Senator Rubio, those actions would not go
unpunished.
So those are the tripwires. Those are the redlines that are
established in the bill, and the Director of National Intelligence has
to report after an election whether or not Russia or any other foreign
power tripped over those redlines. The bill is very clear. It says that
if Russia crosses any of those redlines in a future election, a series
of sweeping sanctions would be triggered within 10 days of the
determination by the Director of National Intelligence. The bill lays
out those sanctions very clearly.
Major sectors of Russia's economy, including finance, energy, metals,
and mining, would be subject to automatic, mandatory sanctions. Every
senior Russian political official or oligarch would be barred from
entering the United States and would have their assets blocked. These
sanctions are far, far stronger than any action taken to date with
respect to Russia. The DETER Act conveys to Putin and others in Moscow,
in unequivocal terms, that the United States will not tolerate attacks
on our democracy. If it does, and the Director of National Intelligence
reports that to Congress, then these automatic sanctions will be
imposed.
So if you are Vladimir Putin and you are trying to decide whether you
want to mess around in the U.S. election, you have to recognize that if
you get caught--and they got caught in 2016; it is just that when they
got caught, there were no automatic penalties. But if this legislation
passes the House and the Senate and is signed by the President, this
time, they have to consider that if they get caught, they will face
very severe penalties. So, in my view, the costs of getting caught are
huge and are something that would greatly deter Russia or any other
foreign power from tripping over those redlines.
To the extent we can, we should impose these costs in partnership
with like-minded nations, especially our European allies, which have
long been subject to Russia's cyber attacks on their democratic
processes. That is
[[Page S497]]
why the DETER Act requires the administration to work with the European
Union to take strong and collective measures against Russia for its
cyber meddling.
As we know, Russia is not the only adversary capable of launching
these kinds of attacks to disrupt our democracy. Other hostile powers
or other adversaries may look at what Russia did in 2016 and what it
has done in Europe and they, too, may seek to exploit American
vulnerabilities in future elections. They will certainly look at that
possibility if they know they can get away with it without paying any
consequences. In fact, in testimony to Congress last May, the Director
of National Intelligence identified China, Iran, and North Korea as
other major foreign governments that have the capability today to
launch those kinds of cyber threats against our democracy. So this
legislation urges the administration to present Congress with a
deterrence strategy for each of these countries and any other foreign
government likely to interfere in our elections going forward.
The bill that Senator Rubio and I have introduced would have
automatic sanctions take place against the Russian economy immediately
upon a determination by the DNI or within 30 days of a determination by
the DNI that they went over and crossed these redlines. It also asks
the administration to set up a similar regime with respect to these
other countries so they would also face automatic penalties if they
interfered in our elections.
Let me end with this: There is nothing more important to our
democracy than making sure we protect the integrity of that process.
That should be something we agree on, and I know we agree on that. I
know we agree on it as Republicans and Democrats. In fact, stepping
back from party labels, we all want to make sure we have free and fair
elections that are free of interference and intrusion from any
adversary seeking to disrupt the democratic process.
We also know both in our gut and from our intelligence agencies that
Russia and other foreign powers will continue to seek to interfere in
our elections unless--unless--they are deterred from doing so. The only
way to deter them from doing so is to make it absolutely clear in
advance--in advance--that if they interfere and get caught, there will
be an automatic penalty, and that is a tripwire that is automatically
triggered upon a finding by the DNI that they have interfered in our
elections.
That is why it is so important to set this up right now, before the
November 18 elections and before future U.S. elections, to put this
regime in place, to put this structure in place that says to Vladimir
Putin--and to develop methods to make sure we have it in place with
respect to other countries that have a high risk of interfering in our
elections--if you meddle, if you try to undermine our democracy, you
will pay a penalty. Don't do it.
I hope we will move together on a bipartisan basis to take this step
to protect our democracy.
Thank you.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. MENENDEZ. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. MENENDEZ. Mr. President, I come to the floor to express my
concerns over the nomination of Sam Brownback to serve as Ambassador at
Large for International Religious Freedom at the State Department. I do
not take my vote against a former colleague's nomination lightly nor do
I question Governor Brownback's devotion to his own faith. Indeed, as a
person of faith myself, I admire it.
I firmly believe, however, that anyone seeking to represent the
United States of America must actively champion the rights of all
people to worship freely and without fear. The right to religious
freedom is enshrined in our Constitution, and it is a value that we
must champion at home and abroad.
Having devoted my life to serving the people of New Jersey--a State
enriched by incredible diversity--I believe religious freedom is part
of what makes America exceptional. Even in the 21st century, we live in
a world where governments and nonstate actors still use religion as a
tool of oppression. They cloak their authoritarianism in the guise of
divine inspiration, using their faith to justify the persecution of
anyone they choose.
The U.S. Ambassador for International Religious Freedom must commit
to defending the rights of all religious minorities around the world--
Christians and Muslims, Jews and Sikhs, Hindus and Baha'i.
Unfortunately, Governor Brownback's career has been defined by a lack
of tolerance for those who do not share his own beliefs. I fear he will
focus solely on protecting Christian minorities, while we must
acknowledge publicly that people of all faiths are persecuted and
demand equal representation.
Additionally, his own personal record on important issues gives me
concerns. Consider his troublesome record on protecting the rights of
LGBTQ individuals. I was deeply disturbed that when pressed during his
confirmation hearing, Governor Brownback could not even bring himself
to muster a resounding ``no''--that it is never acceptable for a
government to imprison or execute an individual based on their sexual
orientation. Condemning such horrific human rights abuses should never
be a heavy lift for anyone who seeks to represent our Nation on the
global stage.
I cannot in good faith support the confirmation of someone as
Ambassador at Large for Religious Freedom who does not believe that all
individuals are created equally in God's image.
During his hearing, Governor Brownback also declined to say whether
political leaders should be able to use religion to deny women access
to healthcare and deprive them of their basic human rights. His silence
spoke volumes.
At a time when the Trump administration continues to expand the scope
of the global gag rule to the effect of preventing healthcare workers
from doing their jobs and providing lifesaving care, we need a leader
who recognizes that women's rights are human rights and who knows that
the oppression of women by religious zealots is a hallmark of
despotism.
During his time as Governor and here in the Senate, Mr. Brownback
often used religion to push policies that undermine the rights of women
to access healthcare, control their own bodies, and determine their own
destinies.
As much as I know the people of Kansas wish to see Governor Brownback
sent abroad and out of their State, I cannot support his confirmation
today. In these uncertain times, in a world rife with challenges, our
Ambassador at Large for International Religious Freedom must be a
champion for people of all faiths and a warrior for the human dignity
of all of God's children.
I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The senior assistant legislative clerk proceeded to call the roll.
Mr. RISCH. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Lee). Without objection, it is so ordered.
All postcloture time is expired.
The question is, Will the Senate advise and consent to the Brownback
nomination?
Mr. RISCH. Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The senior assistant legislative clerk called the roll.
Mr. CORNYN. The following Senators are necessarily absent: the
Senator from Tennessee (Mr. Corker) and the Senator from Arizona (Mr.
McCain).
The yeas and nays resulted--yeas 49, nays 49, as follows:
[Rollcall Vote No. 23 Ex.]
YEAS--49
Alexander
Barrasso
Blunt
Boozman
Burr
Capito
Cassidy
Cochran
Collins
Cornyn
Cotton
Crapo
Cruz
Daines
Enzi
Ernst
Fischer
Flake
Gardner
Graham
Grassley
Hatch
Heller
Hoeven
Inhofe
Isakson
Johnson
Kennedy
Lankford
Lee
[[Page S498]]
McConnell
Moran
Murkowski
Paul
Perdue
Portman
Risch
Roberts
Rounds
Rubio
Sasse
Scott
Shelby
Sullivan
Thune
Tillis
Toomey
Wicker
Young
NAYS--49
Baldwin
Bennet
Blumenthal
Booker
Brown
Cantwell
Cardin
Carper
Casey
Coons
Cortez Masto
Donnelly
Duckworth
Durbin
Feinstein
Gillibrand
Harris
Hassan
Heinrich
Heitkamp
Hirono
Jones
Kaine
King
Klobuchar
Leahy
Manchin
Markey
McCaskill
Menendez
Merkley
Murphy
Murray
Nelson
Peters
Reed
Sanders
Schatz
Schumer
Shaheen
Smith
Stabenow
Tester
Udall
Van Hollen
Warner
Warren
Whitehouse
Wyden
NOT VOTING--2
Corker
McCain
The VICE PRESIDENT. On this vote, the yeas are 49, the nays are 49.
The Senate being equally divided, the Vice President votes in the
affirmative, and the nomination is confirmed.
Under the previous order, the motion to reconsider is considered made
and laid upon the table and the President will be immediately notified
of the Senate's action.
The PRESIDING OFFICER (Mr. Tillis). The majority leader.
____________________