[Congressional Record Volume 166, Number 218 (Monday, December 21, 2020)]
[Senate]
[Pages S7914-S7915]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                             Cyber Security

  Mr. CASEY. Mr. President, I rise today to express concern over a 
monumental breach to the Nation's national security infrastructure.
  Last week, the Washington Post, among other publications, reported 
hacks of several government agencies by way of the SolarWinds platform 
over several months.
  The New York Times, on the 17th of this month, had a headline that 
included these words: ``Officials Warn of `Grave Risk.' '' But in that 
report, the New York Times indicated that at least 40 companies, 
government agencies, and think tanks had been infiltrated. The 
infiltrated agencies include the Departments of Defense, State, 
Homeland Security, Treasury, Commerce, Energy, and Energy's National 
Nuclear Security Administration, as well as the National Institutes of 
Health. That is about seven different entities, if you include the 
Department of Energy as one entity, in the hacking of different parts 
of the Department, and there could be more.
  All the reporting indicates that the hackers are affiliated with 
Russian intelligence. Russia has proven itself both capable and willing 
to invade and exploit our digital infrastructure for its own ends.
  While Secretary of State Mike Pompeo confirmed that Russia was behind 
this damaging breach of our systems, President Trump is casting doubt--
and that might be an understatement.
  Even in the waning days of his administration, our national security 
continues to suffer at the hands of the President's deference to 
Vladimir Putin.
  I have to say for the record, I hope this number changes, but only 
about 10 Republican Senators have expressed concerns. I hope that 
number grows exponentially in the next couple of days.
  I have to ask: What if this breach occurred under a Democratic 
President--President Obama, for example? Would there be more than 10 
statements or 11 or 12? This should be categorically, roundly condemned 
by every U.S. Senator of either party.
  These hacks renew the urgency for additional resources for defensive 
cyber security across our government. This need is not a new one. In 
fact, the Cybersecurity and Infrastructure Security Agency, known as 
CISA, C-I-S-A, was stood up within the Department of Homeland Security 
in 2018 precisely to shore up the U.S. Government's defenses against 
such hacks, such intrusions.
  However, as we all know, just days after the 2020 Presidential 
election, President Trump fired CISA's Director, Chris Krebs, for 
contradicting the President's own false claims regarding the election.
  The President has failed to take this hack, this attack on our 
security, this attack on our government seriously. This hack raises 
serious questions about the nature of cyber espionage and what 
constitutes hostile acts by another country.
  These are questions I look forward to exploring as we learn more 
about the scope and nature of this latest breach. While both of our 
countries certainly engage in espionage, we must be vigilant in the 
protection of our own data and technology from foreign interference, 
and we need to hear more from Senators on both sides of the aisle about 
this attack.
  The second and related issue is the reporting just in the last day or 
so, reports that the President may be seeking to invoke the 
Insurrection Act to impose martial law and refuse to step down from the 
Presidency next month. The reporting indicates that these discussions 
took place in the Oval Office.
  I would argue--I think most Americans would argue--that even the mere 
discussion of martial law, the mere mention of it, the mere invocation 
of the whole notion of martial law is both harmful and dangerous.
  Republican Senators, so far, have not condemned these actions that 
blatantly violate democratic norms. Maybe one, maybe two--I hope that 
number grows as well--but the silence from the majority party in the 
Senate on this report is deafening. I would hope that every Senator 
would roundly condemn the mere mention of martial law.
  Attempting to seize election machines--that would be the effect of 
the invocation of martial law if it were operationalized--election 
machines in a number of States seized by the government of the United 
States.
  I have got to ask the question: In America? In the United States of 
America? Is that what the White House is really discussing?
  All that America expects--and it is not much--is that Senators of 
both parties would condemn, in the strongest possible terms, even the 
discussion of martial law.

[[Page S7915]]

  The Army Secretary and the Army Chief of Staff released a joint 
statement clarifying, based on these dangerous actions proposed by the 
President's team, that ``there is no role for the U.S. military in 
determining the outcome of an American election.''
  It is hard to believe that those officials in our government who help 
defend our country would even have to say that based upon what the 
reporting indicates.
  So I hope that, even in this holiday season, it is made very clear by 
every Member of the U.S. Senate that this will not be tolerated and has 
to be condemned. We can't just say: Oh, well, it is another outrage, 
another insult. It should be condemned, just like the actions of the 
Russian Government should be condemned as well.

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