[Congressional Record Volume 165, Number 109 (Thursday, June 27, 2019)]
[House]
[Pages H5243-H5246]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1615
SECURING AMERICA'S FEDERAL ELECTIONS ACT
The SPEAKER pro tempore. Pursuant to clause 1(c) of rule XIX, further
consideration of the bill (H.R. 2722) to protect elections for public
office by providing financial support and enhanced security for the
infrastructure used to carry out such elections, and for other
purposes, will now resume.
The Clerk will report the title of the bill.
The Clerk read the title of the bill.
Motion to Recommit
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I have a motion to
recommit at the desk.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. RODNEY DAVIS of Illinois. I am in its current form.
Ms. LOFGREN. Mr. Speaker, I reserve a point of order.
The SPEAKER pro tempore. A point of order is reserved.
The Clerk will report the motion to recommit.
The Clerk read as follows:
Mr. Rodney Davis of Illinois moves to recommit the bill
H.R. 2722 to the Committee on House Administration with
instructions to report the same back to the House forthwith
with the following amendment:
Page 72, insert after line 3 the following (and conform the
succeeding provisions accordingly):
TITLE IV--DISCLOSURE OF FOREIGN NATIONAL ACCESS TO ELECTION
INFRASTRUCTURE
SEC. 401. DISCLOSURE OF ACCESS TO ELECTION INFRASTRUCTURE BY
FOREIGN NATIONALS.
(a) In General.--Title III of the Help America Vote Act of
2002 (52 U.S.C. 21081 et seq.), as amended by section 121, is
further amended by inserting after section 303A the following
new section:
``SEC. 303B. ACCESS TO ELECTION INFRASTRUCTURE BY FOREIGN
NATIONALS.
``(a) In General.--Each chief State election official shall
disclose to the Commission the identity of any foreign
national known by the chief State election official--
``(1) to have physically handled--
``(A) ballots used in an election for Federal office; or
``(B) voting machines; or
``(2) to have had unmonitored access to--
``(A) a storage facility or centralized vote tabulation
location used to support the administration of an election
for public office; or
``(B) election-related information or communications
technology, including voter registration databases, voting
machines, electronic mail and other communications systems
(including electronic mail and other systems of vendors who
have entered into contracts with election agencies to support
the administration of elections, manage the election process,
and report and display election results), and other systems
used to manage the election process and to report and display
election results on behalf of an election agency.
``(b) Timing.--The chief State election official shall make
the disclosure under subsection (a) not later than 30 days
after the date on which such official becomes aware of an
activity described in such subsection.
``(c) Foreign National Defined.--The term `foreign
national' has the meaning given that term in section 319 of
the Federal Election Campaign Act of 1971 (52 U.S.C.
30121).''.
(b) Clerical Amendment.--The table of contents of such Act
is amended by inserting after the item relating to section
303A the following new item:
``Sec. 303B. Access to election infrastructure by foreign nationals.''.
Mr. RODNEY DAVIS of Illinois (during the reading). Mr. Speaker, I ask
unanimous consent to waive the reading of the motion to recommit.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Illinois?
There was no objection.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Illinois is recognized for 5 minutes in support of his motion.
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I rise in support of the
motion to recommit.
For months, we have heard about the interference in our elections and
the report of Special Counsel Robert Mueller, this report right here.
But nothing in this bill that we are debating today and voting on today
before this body now addresses the concerns that have been raised in
this report.
Mr. Speaker, nothing in the bill we are debating today addresses the
concerns of foreign interference raised in the special counsel's report
that I am holding right now. What we know is that Russia attempted to
interfere in our 2016 election through a misinformation campaign, email
hacking, and by exploring vulnerabilities of registration databases.
This is gravely concerning to every Republican and Democrat in this
institution.
But what does the Federal Government telling States that they must
replace their safe, new, and auditable machines have to do with
addressing these concerns? What does a hand recount mandate have to do
with these concerns? What does recycled paper have to do with these
concerns?
The tremendous costs associated with these Federal mandates only
serve to draw resources away from the real vulnerabilities our States
face.
My colleagues on the other side of the aisle have also represented
that Republicans have done nothing to address foreign interference in
our elections, and that, Mr. Speaker, is simply not true.
[[Page H5244]]
In 2017, this country's election infrastructure was designated as
critical infrastructure, thereby allowing the Department of Homeland
Security to immediately begin offering voluntary assistance to State
and local election officials in the form of cybersecurity advisers,
assessments, threat detection and prevention tools, information
sharing, and incident response.
Additionally, the 115th Congress, last Congress, a Republican-
controlled Congress, appropriated $380 million to States prior to the
2018 midterms to bolster election security and $26 million to DHS to
add additional staff and carry out their assessment efforts, allowing
for unprecedented cooperation between DHS and all 50 States and 1,400
localities in 2018.
Earlier this year, $33 million was appropriated to DHS to continue
these assistance efforts, and earlier this week, the Republicans, my
fellow Republicans, Mr. Walker and Mr. Loudermilk, on the House
Administration Committee, introduced our own Election Security
Assistance Act.
So don't tell me we are not taking this seriously.
While so much of the focus has been on foreign interference today, we
must not forget that we had a Member not seated this Congress following
evidence that political operatives illegally harvested unsealed and
only partially filled-out ballots. This practice is legal in many
States, but as we have seen, it is ripe for fraud and abuse.
Republicans have offered multiple amendments to prohibit this
practice in H.R. 1 and, now, the SAFE Act, each failing on a party-line
vote. If we can't agree that this fraudulent practice should be banned,
let us at least agree that foreign nationals should not be harvesting
the ballots of American citizens.
Right now, a Russian operative could walk freely around States like
California, for example, collecting and turning in absentee ballots,
completely altering the outcome of an election. But my colleagues have
shown no interest in addressing this huge vulnerability simply because
it serves their interest only in certain States.
This practice invites a constitutional crisis. America, Mr. Speaker,
is watching this vote right now. My amendment today would require the
chief election official of each State to disclose to the Election
Assistance Commission the identity of any known foreign national who
has physically handled ballots, machines, or has had unmonitored access
to the storage facilities or tabulation centers used to support
elections, or even unmonitored access to election-related information
or communication technology. This takes an additional step in rooting
out foreign interference and lets the process of legislating about
election security finally begin.
I urge my colleagues to vote for this motion to recommit. Vote to
protect our elections from interference from foreign countries like
Russia, China, and all others. Vote to preserve the integrity of our
ballot, and vote to restore the American people's trust in our
institutions.
Mr. Speaker, I yield back the balance of my time.
Ms. LOFGREN. Mr. Speaker, I withdraw my point of order.
The SPEAKER pro tempore. The reservation of a point of order is
withdrawn.
Ms. LOFGREN. Mr. Speaker, I claim the time in opposition to the
motion to recommit.
The SPEAKER pro tempore. The gentlewoman from California is
recognized for 5 minutes.
Ms. LOFGREN. Mr. Speaker, I want to make an important observation.
The gentleman has said that what happened in North Carolina is
perfectly legal in other States. Fraud is not legal in any of the 50
States.
I would like to note that, in our bill, we do have provisions that
vendors must be owned and controlled by citizens or permanent residents
of the United States and certain other provisions relative to security;
but to conflate the allowance in some States--of 27 States and 9 others
that designate allowing your mother or your brother or your neighbor to
take your ballot with fraud is really pretty low.
Mr. Speaker, I yield to the gentleman from California (Mr. Aguilar).
Mr. AGUILAR. Mr. Speaker, I thank the gentlewoman for yielding.
In our democracy, we should actively be seeking ways to involve more
people rather than shutting them out of the process. Some States have
done this by making voting accessible for homebound voters and others
who have trouble physically getting to the polls and allowing an
absentee voter to designate anyone of their choosing to drop off a
marked ballot. This policy allows for greater participation in
elections because some homebound voters have no family or individuals
to delegate that role to. They should not be disenfranchised by our
laws.
Ballot drop-off laws are, in and of themselves, perfectly appropriate
election administration laws. If your aunt or uncle is a physician of
an H1B visa holder, if you are working a double shift and you hand your
ballot to someone who is a Dreamer, if you are married to an individual
with TPS status, this would require you to report that individual to
the Federal Government.
The House Administration Committee is already reviewing the foreign
influence on American elections as the chairwoman mentioned, and we
welcome the minority working with us in this regard. We know, from a
Washington Post story published earlier this year, in which Members
here in this Chamber are quoted as developing a strategy to engage in
that practice themselves.
In fact, our colleagues on the other side of the aisle were quoted as
being laser focused on ballot collection in the 2020 elections. So they
will have to forgive me if I don't buy into the argument they are
making today that their favorite examples of potential problems with
the system are actions of a political operative on behalf of a
Republican candidate who illegally changed and threw away ballots.
This is a suppression tactic. It is the height of hypocrisy that our
Republican colleagues would be creating a new Federal standard after
this entire debate they had been railing against the same. They will
forgive us if we feel that that is a little disingenuous.
Mr. Speaker, I urge my colleagues to defeat this motion.
Ms. LOFGREN. Mr. Speaker, I would close by urging every Member to
vote against this motion to recommit and further note that the House
Administration Committee will soon be examining foreign influence on
our elections. We would welcome the participation of the minority in
that important work.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to recommit.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Recorded Vote
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair
will reduce to 5 minutes the minimum time for any electronic vote on
the question of passage.
This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 189,
noes 220, not voting 23, as follows:
[Roll No. 427]
AYES--189
Aderholt
Allen
Amodei
Armstrong
Arrington
Axne
Babin
Bacon
Baird
Balderson
Banks
Barr
Bergman
Biggs
Bilirakis
Bishop (UT)
Bost
Brady
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Budd
Burchett
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Cheney
Cline
Cloud
Cole
Collins (GA)
Collins (NY)
Comer
Conaway
Cook
Crawford
Crenshaw
Cunningham
Curtis
Davidson (OH)
Davis, Rodney
DesJarlais
Diaz-Balart
Duffy
Duncan
Dunn
Emmer
Estes
Ferguson
Finkenauer
Fitzpatrick
Fleischmann
Flores
Fortenberry
Foxx (NC)
Fulcher
Gaetz
Gallagher
Gianforte
Gibbs
Gohmert
Gonzalez (OH)
Gooden
Gosar
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Green (TN)
Griffith
Grothman
Guest
Guthrie
Hagedorn
Harris
Hartzler
Hern, Kevin
Herrera Beutler
Hice (GA)
Higgins (LA)
Hill (AR)
Holding
Hollingsworth
Hudson
Huizenga
[[Page H5245]]
Hunter
Hurd (TX)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Katko
Keller
Kelly (MS)
Kelly (PA)
King (IA)
King (NY)
LaHood
LaMalfa
Lamborn
Latta
Lesko
Long
Loudermilk
Luetkemeyer
Marchant
Marshall
Mast
McAdams
McCarthy
McCaul
McClintock
McHenry
McKinley
Meadows
Meuser
Miller
Mitchell
Moolenaar
Mooney (WV)
Newhouse
Norman
Nunes
Olson
Palazzo
Palmer
Pence
Perry
Posey
Ratcliffe
Reed
Reschenthaler
Rice (SC)
Riggleman
Roby
Rodgers (WA)
Roe, David P.
Rogers (KY)
Rose, John W.
Rouzer
Roy
Rutherford
Scalise
Schweikert
Scott, Austin
Shimkus
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smucker
Spanberger
Spano
Stauber
Stefanik
Steil
Stewart
Stivers
Taylor
Thompson (PA)
Timmons
Tipton
Turner
Upton
Van Drew
Wagner
Walberg
Walden
Walker
Waltz
Watkins
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Womack
Woodall
Wright
Yoho
Zeldin
NOES--220
Adams
Aguilar
Allred
Amash
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brindisi
Brown (MD)
Brownley (CA)
Bustos
Butterfield
Carbajal
Cardenas
Carson (IN)
Cartwright
Case
Casten (IL)
Castor (FL)
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Cooper
Correa
Costa
Courtney
Cox (CA)
Craig
Crist
Crow
Cuellar
Cummings
Davids (KS)
Davis (CA)
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Engel
Escobar
Eshoo
Espaillat
Evans
Fletcher
Foster
Frankel
Fudge
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez (TX)
Gottheimer
Green, Al (TX)
Grijalva
Haaland
Harder (CA)
Hayes
Heck
Higgins (NY)
Hill (CA)
Himes
Horn, Kendra S.
Horsford
Houlahan
Hoyer
Huffman
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Keating
Kelly (IL)
Kennedy
Khanna
Kildee
Kilmer
Kim
Kind
Kirkpatrick
Krishnamoorthi
Kuster (NH)
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Levin (CA)
Levin (MI)
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Massie
Matsui
McBath
McCollum
McEachin
McGovern
McNerney
Meeks
Meng
Moore
Morelle
Mucarsel-Powell
Murphy
Nadler
Napolitano
Neal
Neguse
Norcross
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Perlmutter
Peters
Peterson
Phillips
Pingree
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Rice (NY)
Rose (NY)
Rouda
Roybal-Allard
Ruiz
Ruppersberger
Rush
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrier
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shalala
Sherman
Sherrill
Sires
Slotkin
Smith (WA)
Soto
Speier
Stanton
Stevens
Suozzi
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Torres Small (NM)
Trahan
Trone
Underwood
Vargas
Veasey
Vela
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Yarmuth
NOT VOTING--23
Abraham
Castro (TX)
Gabbard
Hastings
Johnson (LA)
Kaptur
Kinzinger
Kustoff (TN)
Lucas
Moulton
Mullin
Richmond
Rogers (AL)
Rooney (FL)
Ryan
Schrader
Sensenbrenner
Steube
Swalwell (CA)
Thornberry
Walorski
Wilson (FL)
Young
{time} 1632
Mr. ROY changed his vote from ``no'' to ``aye.''
So the motion to recommit was rejected.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Recorded Vote
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. This is a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 225,
noes 184, not voting 23, as follows:
[Roll No. 428]
AYES--225
Adams
Aguilar
Allred
Axne
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brindisi
Brown (MD)
Brownley (CA)
Bustos
Butterfield
Carbajal
Cardenas
Carson (IN)
Cartwright
Case
Casten (IL)
Castor (FL)
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Cooper
Correa
Costa
Courtney
Cox (CA)
Craig
Crist
Crow
Cuellar
Cummings
Cunningham
Davids (KS)
Davis (CA)
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Engel
Escobar
Eshoo
Espaillat
Evans
Finkenauer
Fletcher
Foster
Frankel
Fudge
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez (TX)
Gottheimer
Green, Al (TX)
Grijalva
Haaland
Harder (CA)
Hayes
Heck
Higgins (NY)
Hill (CA)
Himes
Horn, Kendra S.
Horsford
Houlahan
Hoyer
Huffman
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Keating
Kelly (IL)
Kennedy
Khanna
Kildee
Kilmer
Kim
Kind
Kirkpatrick
Krishnamoorthi
Kuster (NH)
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Levin (CA)
Levin (MI)
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Mast
Matsui
McAdams
McBath
McCollum
McEachin
McGovern
McNerney
Meeks
Meng
Moore
Morelle
Mucarsel-Powell
Murphy
Nadler
Napolitano
Neal
Neguse
Norcross
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Perlmutter
Peters
Peterson
Phillips
Pingree
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Rice (NY)
Rose (NY)
Rouda
Roybal-Allard
Ruiz
Ruppersberger
Rush
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrier
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shalala
Sherman
Sherrill
Sires
Slotkin
Smith (WA)
Soto
Spanberger
Speier
Stanton
Stevens
Suozzi
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Torres Small (NM)
Trahan
Trone
Underwood
Van Drew
Vargas
Veasey
Vela
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Yarmuth
NOES--184
Aderholt
Allen
Amash
Amodei
Armstrong
Arrington
Babin
Bacon
Baird
Balderson
Banks
Barr
Bergman
Biggs
Bilirakis
Bishop (UT)
Bost
Brady
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Budd
Burchett
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Cheney
Cline
Cloud
Cole
Collins (GA)
Collins (NY)
Comer
Conaway
Cook
Crawford
Crenshaw
Curtis
Davidson (OH)
Davis, Rodney
DesJarlais
Diaz-Balart
Duffy
Duncan
Dunn
Emmer
Estes
Ferguson
Fitzpatrick
Fleischmann
Flores
Fortenberry
Foxx (NC)
Fulcher
Gaetz
Gallagher
Gianforte
Gibbs
Gohmert
Gonzalez (OH)
Gooden
Gosar
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Green (TN)
Griffith
Grothman
Guest
Guthrie
Hagedorn
Harris
Hartzler
Hern, Kevin
Herrera Beutler
Hice (GA)
Higgins (LA)
Hill (AR)
Holding
Hollingsworth
Hudson
Huizenga
Hunter
Hurd (TX)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Katko
Keller
Kelly (MS)
Kelly (PA)
King (IA)
King (NY)
LaHood
LaMalfa
Lamborn
Latta
Lesko
Long
Loudermilk
Luetkemeyer
Marchant
Marshall
Massie
McCarthy
McCaul
McClintock
McHenry
McKinley
Meadows
Meuser
Miller
Mitchell
Moolenaar
Mooney (WV)
Newhouse
Norman
Nunes
Olson
Palazzo
Palmer
Pence
Perry
Posey
Ratcliffe
Reed
Reschenthaler
Rice (SC)
Riggleman
Roby
Rodgers (WA)
Roe, David P.
Rogers (KY)
Rose, John W.
Rouzer
Roy
Rutherford
Scalise
Schweikert
Scott, Austin
Shimkus
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smucker
Spano
Stauber
Stefanik
Steil
Stewart
Stivers
Taylor
Thompson (PA)
Timmons
Tipton
Turner
Upton
Wagner
Walberg
Walden
Walker
Waltz
Watkins
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Womack
Woodall
Wright
Yoho
Zeldin
NOT VOTING--23
Abraham
Castro (TX)
Gabbard
Hastings
Johnson (LA)
Kaptur
[[Page H5246]]
Kinzinger
Kustoff (TN)
Lucas
Moulton
Mullin
Richmond
Rogers (AL)
Rooney (FL)
Ryan
Schrader
Sensenbrenner
Steube
Swalwell (CA)
Thornberry
Walorski
Wilson (FL)
Young
{time} 1641
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________