[Congressional Record Volume 165, Number 126 (Thursday, July 25, 2019)]
[Senate]
[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.

                          ____________________