[Congressional Record Volume 167, Number 123 (Wednesday, July 14, 2021)]
[Senate]
[Pages S4894-S4895]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CLOTURE MOTION
The PRESIDING OFFICER. Pursuant to rule XXII, the Chair lays before
the Senate the pending cloture motion, which the clerk will state.
The senior assistant legislative clerk read as follows
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
do hereby move to bring to a close debate on the nomination
of Executive Calendar No. 154, Donald Michael Remy, of
Louisiana, to be Deputy Secretary of Veterans Affairs.
Charles E. Schumer, Ron Wyden, Mazie K. Hirono, Sheldon
Whitehouse, Ben Ray Lujan, Jon Ossoff, Tim Kaine,
Benjamin L. Cardin, Margaret Wood Hassan, Tammy
Duckworth, Patrick J. Leahy, Tammy Baldwin, Debbie
Stabenow, Amy Klobuchar, Mark R. Warner, Patty Murray,
Elizabeth Warren.
The PRESIDING OFFICER. By unanimous consent, the mandatory quorum
call has been waived.
The question is, Is it the sense of the Senate that debate on the
nomination of Donald Michael Remy, of Louisiana, to be Deputy Secretary
of Veterans Affairs, shall be brought to a close?
The yeas and nays are mandatory under the rule.
The clerk will call the roll.
The senior assistant legislative clerk called the roll.
Mr. THUNE. The following Senators are necessarily absent: the Senator
from South Carolina (Mr. Graham) and the Senator from Wisconsin (Mr.
Johnson).
The yeas and nays resulted--yeas 90, nays 8, as follows:
[Rollcall Vote No. 263 Ex.]
YEAS--90
Baldwin
Barrasso
Bennet
Blumenthal
Blunt
Booker
Boozman
Braun
Brown
Burr
Cantwell
Capito
Cardin
Carper
Casey
Cassidy
Collins
Coons
Cornyn
Cortez Masto
Cotton
Cramer
Crapo
Cruz
Daines
Duckworth
Durbin
Feinstein
Fischer
Gillibrand
Grassley
Hassan
Heinrich
Hickenlooper
Hirono
Hoeven
Hyde-Smith
Inhofe
Kaine
Kelly
Kennedy
King
Klobuchar
Leahy
Lee
Lujan
Lummis
Manchin
Markey
Marshall
McConnell
Menendez
Merkley
Moran
Murkowski
Murphy
Murray
Ossoff
Padilla
Paul
Peters
Portman
Reed
Risch
Romney
Rosen
Rounds
Rubio
Sanders
Sasse
Schatz
Schumer
Scott (SC)
Shaheen
Sinema
Smith
Stabenow
Sullivan
Tester
Thune
Tillis
Toomey
Tuberville
Van Hollen
Warner
Warnock
Warren
Whitehouse
Wyden
Young
NAYS--8
Blackburn
Ernst
Hagerty
Hawley
Lankford
Scott (FL)
Shelby
Wicker
NOT VOTING--2
Graham
Johnson
The PRESIDING OFFICER (Mr. Kelly). On this vote, the yeas are 90, the
nays are 8.
The motion is agreed to.
The PRESIDING OFFICER. The majority leader.
Unanimous Consent Agreement
Mr. SCHUMER. Mr. President, I ask unanimous consent that at a time to
be determined by the majority leader in consultation with the
Republican leader, the Senate proceed to the immediate consideration of
H.R. 1652, which was received from the House and is at the desk, and
that the only amendment in order be the following: Toomey No. 2121;
further, that there be 2 hours for debate equally divided between the
leaders or their designees; that upon the use or yielding back of time,
the Senate vote in relation to the Toomey amendment; that upon the
disposition of the Toomey amendment, the bill, as amended, if amended,
be considered read a third time; that the Senate vote on passage of the
bill, as amended, if amended, with a 60 affirmative vote threshold
required for passage; and that the motion to reconsider be considered
made and laid upon the table with no intervening action or debate;
finally, that there be 2 minutes of debate equally divided prior to
each vote in the series.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. SCHUMER. I yield the floor.
The PRESIDING OFFICER. The Senator from New York
Unanimous Consent Request--S. 1520
Mrs. GILLIBRAND. I rise today to call for every Senator to have a
chance to consider and cast a vote on the Military Justice Improvement
and Increasing Prevention Act. This bill would ensure that people in
the military who
[[Page S4895]]
have been subject to sexual assault or other serious crimes get the
justice they deserve.
I know that my colleague from Oklahoma, the ranking member of the
Committee on Armed Services, reached out to our military chiefs for
their thoughts on this bill. While there was, as Army GEN James
McConville wrote, recognition ``that there are concerns with the way
our current process pursues justice for major crimes,'' I understand
that they also have concerns about this legislation, and I would like
to allay those concerns today.
More broadly, the service chiefs' letters all seem to indicate a
misunderstanding of how fundamental this change would be. Marine Corps
Gen. David Berger, for instance, wrote that the bill ``appears to
create a more complex system that could potentially slow the military
justice process.'' Space Force Gen. John Raymond wrote that ``the
proposed changes add a layer of complexity that needs to be fully
understood.''
This bill would streamline, not complicate, the military justice
process. The lawyers who would be making these prosecution decisions
under our legislation are already working on these very cases.
Navy ADM Michael Gilday expressed concern that ``large scale removal
of commanders' authority could cause sailors to doubt the capabilities
of their commanders or to believe that their commanders operate without
the full trust of their superiors.''
That worry is unfounded. Iraq and Afghanistan Veterans of America
surveyed their members--recent veterans--and 77 percent said that
moving a serious crime like sexual assault out of the chain of command
would have no impact on their view of the commander's authority. Nearly
1 in 10 said that the change would lead them to view their commander as
more of an authority figure.
I would point out that the IRC Chairwoman, Lynn Rosenthal, said:
The IRC rejects the motion that, by moving legal decisions
about prosecution from the command structure, that commanders
would have no role. It's simply not the case. Commanders are
responsible for the climates they create. They're responsible
for working to prevent sexual assault and sexual harassment,
and they're responsible for making sure that victims are
protected when they come forward to report. So, the idea that
they won't have an interest in solving this problem if they
are not making those technical legal decisions, we think, is
simply false.
I trust that our commanders will be able to maintain their authority
and maintain their investment in the welfare of the troops without
being responsible for deciding these serious crimes.
General Berger put it well. He wrote:
I expect commanders to always bear responsibility for their
Marines; changes like those in this bill will never relieve
commanders of their duty to care for and lead their Marines,
including when certain military justice processes are removed
from their control.
There were also questions about whether or not these changes were
needed for all serious crimes. Admiral Gilday wrote that he had ``seen
no evidence that there is a lack of trust among victims for all crimes
for which the punishment exceeds one year of confinement.''
There is evidence. The Department of the Air Force inspector general
conducted a survey in 2020 which found that one in three Black
servicemembers said they believe the military discipline system is
biased against them and that three in five Black servicemembers believe
they do not and will not receive the same benefit of the doubt as their
White peers if they get in trouble. That level of distrust must be
addressed.
General Raymond also suggested a more limited reform, writing that
beyond sexual assault, ``the other offenses are not as complex and do
not require specialized training.'' On the contrary. Crimes included in
our bill, like murder, manslaughter, fraud, and extortion, all present
complex cases, and they deserve to be put in the purview of trained
legal experts.
As you know, Mr. President, our bill has a bright line at felonies.
To be a felony, it has to be a complex crime. Our bill does not include
misdemeanors.
The service chiefs' letters also included calls to put an emphasis on
preventing, rather than prosecuting, these crimes. I, too, would rather
see these crimes not happen, which is why this bill includes various
provisions on prevention efforts. But given the current reality,
prevention is not enough. We must prosecute these serious crimes and
show that there are real consequences for anyone who commits them.
Doing so not only changes the culture, it will remove recidivists from
the ranks, preventing them from committing more crimes.
Right now, there is a deep lack of trust in the current system and
whether or not it can or will deliver justice. That is detrimental to
our armed services. As General Raymond wrote, ``Lack of trust and
reluctance to seek justice are, in themselves, readiness issues.''
I remind my colleagues that our job is to provide oversight and
accountability over the executive branch, including the armed services,
and to ensure that those who serve our country in uniform are being
well served by their government.
As Berger noted, if the Uniform Code of Military Justice does not
adequately ``promote justice'' or ``assist in maintaining good order
and discipline,'' then it must change. The current system does not
adequately promote justice, and it must change. It is our duty and our
obligation to do the work to change it, and this body and every Senator
in it deserves to have a vote.
As if in legislative session, I ask unanimous consent that at a time
to be determined by the majority leader in consultation with the
Republican leader, the Senate Armed Services Committee be discharged
from further consideration of S. 1520 and the Senate proceed to its
consideration; that there be 2 hours for debate equally divided in the
usual form; and that upon the use or yielding back of that time, the
Senate vote on the bill with no intervening action or debate
The PRESIDING OFFICER. Is there objection.
Mr. REED. Mr. President, I object.
The PRESIDING OFFICER. The objection is heard.
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