Senate Floor Record on Improper Payments and Election Security, June 30, 2020 — Congressional Record
Summary
Page S4002 of the Senate section of the Congressional Record for June 30, 2020, headed Senate Floor Record on Improper Payments and Election Security, in interleaved columns. A speaker asks unanimous consent to pass a bill introduced earlier that day, described as a simple measure telling Social Security staff to share the death file with colleagues, and Mr. Carper asks the speaker to yield. Ms. Klobuchar comes to the floor with a unanimous consent request headed S. 4033, and the page continues the defense authorization bill. Mr. McConnell then moves to proceed to legislative session.
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“Senate Floor Record on Improper Payments and Election Security, June 30, 2020 — Congressional Record.”
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S4002 CONGRESSIONAL RECORD — SENATE June 30, 2020
I ask unanimous consent that the Senate people, and all we had to do was pass a NATIONAL DEFENSE AUTHORIZA-
proceed to the immediate consideration of S. simple bill that says to people at So- TION ACT FOR FISCAL YEAR
4104, introduced earlier today. I further ask cial Security: Share your death file 2021—Continued
that the bill be considered read a third time
with the rest of your colleagues. What The PRESIDING OFFICER. The Sen-
and passed and that the motion to reconsider
be considered made and laid upon the table. is controversial about that? ator from Minnesota.
So that was the entirety of the re- Mr. CARPER. Will the gentleman UNANIMOUS CONSENT REQUEST—S. 4033
quest. yield? Ms. KLOBUCHAR. Mr. President, I
The title is ‘‘to amend the Improper Mr. KENNEDY. Certainly. come to the floor today to discuss the
Payments Elimination and Recovery Mr. CARPER. I think the concern threats facing our upcoming elec-
Improvement Act of 2012, including raised by Senator WYDEN is if the So- tions—threats from the coronavirus
making changes to the Do Not Pay Ini- cial Security Administration is going and threats posed by foreign adver-
tiative, for improved detection, preven- to be sharing this information not just saries—and to once again urge my Re-
tion, and recovery of improper pay- with the IRS and a handful of agencies, publican colleagues to immediately
ments to deceased individuals, and for there is going to be some cost involved take up legislation to address these
other purposes.’’ in that sharing. That is a legitimate threats.
Mr. KENNEDY. So if I might ask, concern. Speaking for myself—and my As ranking member of the Rules
does that mean that both bills together guess is speaking for my friend from Committee, I am proud to be speaking
have passed? Louisiana—if there is an additional on the floor today with my Democratic
The PRESIDING OFFICER. I am not cost incurred by the Social Security colleagues—including Senators
sure what is in the bills, but I would as- Administration, I am sure it is going to BLUMENTHAL, WARNER, DURBIN, COONS,
sume that that is the case. be a lot less than $1.4 billion that we and WYDEN—who will speak during the
We did not have the paperwork be- have just wasted in sending out these next hour on the need to protect our
forehand. $1,200 checks over the last several elections and make voting safe and
Mr. KENNEDY. Mr. President, excuse months. easy throughout this pandemic and be-
me. My understanding is that Senator I will pledge—and will invite my yond. And that is safe and easy for
PAUL’s bill and the Carper-Kennedy bill friend from Louisiana to join me—to Democrats, for Republicans, for Inde-
were merged together, so we had two assure Senator WYDEN that we will pendents, for members of any party or
bills. work with him and his staff and the anyone who wants to vote. This is not
Is my understanding correct? folks at the Social Security Adminis- a partisan issue. Voting in our democ-
The PRESIDING OFFICER. To be tration to make sure that the Social racy is not a partisan issue. Everyone
honest, the Chair cannot answer that. Security Administration is made whole who wants to vote should be able to
Mr. KENNEDY. I believe the RECORD if the legislation that we have just ap- vote for whomever they want to vote
will reflect that is correct, that Sen- parently adopted here—if it actually is for.
ator PAUL—I am not asking you to adopted and signed into law, we will Today there are primaries happening
comment on the accuracy of what I am make the Social Security Administra- in Colorado and Utah—two of the five
about to say, but I believe the RECORD tion whole. That is a very fair thing to States that vote almost entirely by
will reflect that Senator PAUL’s bill ask of us, and we should do that. mail—as well as Oklahoma.
was merged with the Carper-Kennedy Mr. KENNEDY. Will the Senator As cases of coronavirus in this coun-
bill and that those bills have passed as yield? try rise, it is vital that all voters be
one bill. Mr. CARPER. I would be happy to. able to cast their ballots from home, to
Now, having said that, if Senator Mr. KENNEDY. Senator, do I under- cast their ballots by mail—a system
WYDEN or anybody else would like to stand correctly that one of Senator that Colorado and Utah know to be
sit down with Senator CARPER and me WYDEN’s problems or issues is the cost? safe and secure. We have heard Senator
and make some improvements to the Mr. CARPER. The cost that might be ROMNEY speak out strongly in defense
bill, I am more than happy to do this incurred by the Social Security Admin- of vote-by-mail and how it works in
and to do that. istration because they would be asked Utah. We have heard elected officials
I will not speak for my good friend to share this information more widely in Colorado, both Democrats and Re-
and mentor Senator CARPER, but I among Federal agencies than they do publicans—these two States that have
know he would share in my feelings, today. primaries today—say that their system
and I would extend that courtesy to Mr. KENNEDY. Well, will the Sen- works, that their democracies work.
Senator WYDEN and to any other Sen- ator yield for 30 seconds? This week we are also working to
ator who would like to make some pass the National Defense Authoriza-
Then I would suggest, Senator CAR-
changes. tion Act. Colleagues, let me be clear. If
PER, through the Presiding Officer,
Let me reiterate again: This is a seri- we are concerned about defending our
that we sit down with Senator WYDEN
ous problem. We hotlined this bill on country, then we must protect our de-
and try to address these very legiti-
Thursday. We have worked out many mocracy, and if our elections are not
mate concerns.
difficult issues, and we found out that safe, then our democracy is not secure.
there was another Senator who For the moment, I happen to be Election security is national security.
couldn’t be available—he said, 5 min- chairman of the Financial Services and We shouldn’t spend more on military
utes ago—and that is why we pro- General Government Subcommittee in bands—I love military bands, but we
ceeded. But I am willing to unproceed Appropriations, and it may be that we shouldn’t spend more on military
to work with RON or anybody else who can address those concerns there, and I bands than we do on securing our elec-
wants to improve this bill. But improv- would be more than happy to. tions on a Federal level—especially
ing this bill, for me, doesn’t mean—I But I am equally happy to report to now, when we have foreign adversaries
have only been here 3 or 4 years, but I the American people that the U.S. Sen- that the intelligence officials in the
have learned—I have learned the hard ate finally did something to stop pay- Trump administration have long said
way—that sometimes negotiations can ing dead people hard-earned taxpayer were emboldened by the last election—
last years. money, and I want to give most of the as in Russia—and will try to do this
Do you know what? I have said it be- credit to Senator CARPER because he is again.
fore: Doing nothing is hard. You never a patient man. He has been working on We should not be spending more on
know when you are finished, and we this for 7 years. He is a more patient military bands than securing our elec-
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need to do something on this. man than I am. tion on a Federal level when, in fact,
I am embarrassed to go home. I feel I yield the floor. we have a situation where a pandemic
like putting on a bag in the airplane Mr. CARPER. Mr. President, I thank has made it unsafe for people to vote,
when I get out so that my constituents my colleague for his work, his efforts, especially seniors and people with pre-
will not see me. We sent out $1.4 billion and his tenacity. existing conditions, especially our vet-
of taxpayer money to 1.1 million dead I yield the floor. erans.
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June 30, 2020 CONGRESSIONAL RECORD — SENATE S4003
The Government Accountability Of- ing voting by mail available to every- require voters to provide an excuse if
fice conducted a study and found that one. they want to cast a ballot by mail. I
between 2012 and 2016, the U.S. military We have seen what has happened will note that during a pandemic, 13 of
spent $1.5 billion on military bands. when people can’t vote safely. No one these States are allowing all voters to
Since our elections were attacked by will forget the images of those voters cast a ballot by mail without needing
Russia in 2016, Congress has given $805 in line in Milwaukee, in garbage bags to provide an excuse. They have done it
million to modernize our election sys- and homemade masks, just waiting to because Governors have waived things,
tems and protect them from future at- exercise their right to vote. No one will because legislatures have done their
tacks. That is about 6 percent of the forget the numbers—that dozens and job. But it still remains with three
cost of a new aircraft carrier. That was dozens of them contracted the States—three States still have those
given to the States after the biggest coronavirus and that, in fact, poll provisions in place. Why, during the
attack on our elections in modern his- workers got sick from that day. midst of a national pandemic that isn’t
tory. We now know they tried to get No one will forget the image recently hitting just one State—it is not about
into every single State. They tried to in Georgia of people waiting and wait- just Vermont or Wisconsin or Hawaii;
hack. In Illinois, they got as close as ing—of a woman who had marched with it is about every single State—why
the voter information. Dr. King, now in her eighties, getting would we not at least have a floor re-
What must we do? Now we face the there at 6 a.m., waiting, and then actu- quirement that people be able to vote
immediate threat of COVID–19 as well ally staying because she wanted to without an excuse?
as the threat we have known has been make sure her friends would be able to Why would some States still require
out there for years. I fought hard with vote. a notary? Yes, that is in place. Six
Senator COONS and others to help se- We have seen the President’s tweets States have a provision that you either
cure $400 million, and I appreciate the about voting by mail. These tweets are have to have a notary or two witnesses
work of my colleague Senator BLUNT, a direct hit on our democracy. They de- in order to get a mail-in ballot. Yes,
the chairman of the Rules Committee, grade the integrity of our voting sys- some of these States have waived that.
in helping us to secure that funding, as tem, and people shouldn’t fall for it. That is a good thing. But why wouldn’t
well as Senator SHELBY and Senator We know that these States that have we just simply, since they all have not
LEAHY. We know that is not everything been holding elections that are mostly waived it, put in place some simple re-
we need. by mail—Utah, Oregon, Colorado, Ha- quirements that everyone knows will
Election officials are using the waii, and Washington—have done a guarantee them their right to be able
money from the $805 million in election good job. Some of those States are blue to obtain a ballot?
security funding that I already men- States, some are purple States, and The bottom line is that it should be
tioned—which is supposed to be used to some are red States. Again, just like easy to vote and not hard to vote.
replace old election equipment and the virus, it doesn’t know if it is hit- We are not alone in this fight. Our
produce a paper record, but now we ting someone who is a Democrat or Re- legislation has been endorsed by more
know that election officials in States publican. Vote-by-mail—it works re- than a dozen organizations, including
that are already strapped for cash and gardless of what someone’s political af- the group founded by former First
facing enormous debts are having to filiation is. Lady Michelle Obama, When We All
buy protective masks, cleaning sup- So it has really concerned me, what Vote; the Leadership Conference on
plies, and are trying to figure out how the President has been saying. As the Civil and Human Rights; the Lawyers’
they are going to keep polling loca- New York Times editorial board noted, Committee on Civil Rights; Voto
tions open and safe versus postage and States that use vote-by-mail essen- Latino; the National Urban League;
envelopes. tially have zero fraud. Oregon, the pio- and Common Cause.
Last week I was glad to appear here neer in this area, has sent out more I think the key here, though, as we
with my friend Senator BLUNT. He has than 100 million ballots since 2000 and head into—I know my friend is going to
said that he is open to working with us has documented only about a dozen object to the legislation as is, but I
on funding as well as making some cor- cases of proven fraud. Rounded to the think the key, as we move ahead the
rections from the last bit of money seventh decimal point, that is 0.0000001 next few weeks, is for everyone to step
that was sent out. He is also going to percent of all votes cast. back and talk to your secretaries of
be holding a hearing in our committee To top it off, while those voters were state and talk to your Governors. You
on elections, which I truly appreciate standing in line in garbage bags and are going to find that both Democratic
during this time of pandemic. homemade masks in Wisconsin in the and Republican Governors are saying:
As I said, elections are a matter of rain, the President was voting in the Look, we are already strapped for cash.
national security, and during a global luxury of 1600 Pennsylvania Avenue We had no idea the pandemic was com-
pandemic, they are a matter of public with his own mail-in ballot that he ob- ing our way. We didn’t plan ahead in
health and safety. Contrary to what tained from Palm Beach, FL. That is our budgets last year. We need some
the President has been saying, I would what he did. Everyone should have that help in our State to be able to mail in
rather put ballots in an envelope than same right. all the ballots so people will be able to
put voters in the hospital. Yet our So what do we do in the midst of this vote.
President keeps questioning the secu- pandemic? We need to make sure that At the very least, I hope that is what
rity of vote-by-mail. Yet we have Re- no voter has to choose between their comes out of this.
publican Senators like Senator ROM- health and exercising their right to Last, I will tell you, the American
NEY who said security in their States vote. That is why I am urging my col- people are ahead of this body right
works quite well. leagues to support legislation with now. Three polls released in the last
Our job now is to realize that 25 per- Senator WYDEN that is now cospon- couple of months show that an over-
cent of the people have been voting by sored by 36 other Senators, the Na- whelming majority of voters—over 80
mail in the last few Federal elections, tional Disaster and Emergency Ballot percent—favor measures to make vot-
and we want to greatly increase that Act, to help election officials meet this ing safe and easy in November by ex-
number. We know that not everyone pandemic head-on. panding early and mail-in voting. Sev-
will vote by mail. We know part of the What does it do? Well, it has the enty-four percent of voters want their
solution is having poll workers who are funding. I am so pleased that my col- Senators to support legislation to im-
not as susceptible to the virus, who are league Senator BLUNT has said he is plement voting reform, including a ma-
in safe conditions. We know part of the willing to work with us and work with jority of Republican voters in those
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solution is keeping the polls open as me on that funding as we work to nego- States. That is across party lines. That
long as possible, early in States, like tiate COVID-related provisions, I hope, is why I hope my colleagues will join
my State, which keeps the polls open in the next few weeks. us, and we can get this done.
weeks before an election so then voters Our legislation does more. It starts So, Mr. President, as in legislative
don’t congregate as much. We also with guaranteeing every American the session, I ask unanimous consent that
know a big part of the solution is mak- option to vote by mail. Sixteen States the Rules Committee be discharged
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S4004 CONGRESSIONAL RECORD — SENATE June 30, 2020
from further consideration of S. 4033, to try to change at this moment. Leg- ship on the Rules Committee and on
the National Disaster and Emergency islators have met; States have acted; the inauguration. We have a big group
Ballot Act of 2020, and the Senate pro- and 13 of the 16 have changed their and are working together well on that.
ceed to its immediate consideration. I laws to accommodate the moment we I look forward to our hearing.
further ask that the bill be considered are in. The three that haven’t will have We, obviously, don’t agree about this
read a third time and passed and the to be answerable for their decision not legislation, but I truly appreciate the
motion to reconsider be considered to do that. olive branch and his willingness to talk
made and laid upon the table with no Not only are we going have a hearing about funding at this critical time for
intervening action or debate. to talk about this, Senator KLOBUCHAR our States and our democracy. I look
The PRESIDING OFFICER. Is there and I have talked about funding on forward to doing that with my many
objection? these issues for some time. As she colleagues in the next few weeks.
The Senator from Missouri. pointed out, we put in over $800 million Now I would like to turn this over to
Mr. BLUNT. Mr. President, reserving and made it available to the States. I one of our great leaders, my colleague
the right to object, I could make this will also point out that a lot of that from Illinois, Senator DURBIN.
really simple by just saying: Look at money is still not spent. But I am pre- Mr. DURBIN. Thank you, Senator
everything I said last week about this pared not only to look at more money KLOBUCHAR. No one should have to risk
same bill, but I know that Senator for the States to use as they see fit for their life to cast a vote. That is why it
KLOBUCHAR is here in good faith trying elections this year but also to even is so important to have safe opportuni-
to be sure we call attention to this consider whatever kind of matching re- ties to allow Americans to participate
issue. quirement we have to see if that in a democracy and to fulfill their
She and I are working together on matching requirement is reasonable. right in November.
the Joint Committee for the Presi- We continue to work toward an elec- Thankfully, in Illinois, Gov. J.B.
dential Inauguration that we formed tion that produces a result that people Pritzker recently signed legislation ex-
just today. Six people were appointed have confidence in and is done in a way panding safe voting opportunities for
to that bipartisan committee. I was that everybody that wants to vote gets all Illinois voters. Under the new law,
pleased to have her nomination to be to vote. I continue to feel strongly, and about 5 million voters with active reg-
the chairman of that event again. We let me, once again, quote President istrations will automatically receive
find ways to work together. Obama that the diversity of our system an application to vote by mail for the
I think on this bill, there is really is really one of the strengths of the 2020 election.
nothing simple about this bill. It is not system. Voting by mail and voting safely at
a bill that just allows the other three For months, Democrats had legisla- home is a necessary option in the
States somehow to meet the standard tion very similar to this to federalize midst of a global pandemic that has al-
that all but three States have now the election system because we needed ready killed more than 126,000 Ameri-
moved toward—not exactly as this bill more ballot security. Now we have cans and a total of more than half a
would have them, but, as my friend elections, but the new reason is, well, million around the world. Despite the
just pointed out, 13 of the 16 States we have a pandemic. But the goal ap- deceptive and sometimes deceitful nar-
have changed their provisions, some pears to be always the same—to fed- rative being pushed by some, voting by
just for this election. Some will look at eralize the election process. mail is a secure option.
it, and they will decide whether they That would have meant that in Nash- As the Brennan Center for Justice ex-
did it exactly right or they need to fur- ville, when they had a tornado, hours plained in a recent analysis, ‘‘Since
ther modify it. Others will make that before the polls were to open on Super [the year] 2000 more than 250 million
maybe a permanent part of their proc- Tuesday, the local officials wouldn’t votes have been cast through mailed-
have had nearly the flexibility they out ballots, in all 50 States, according
ess.
I am of the view that this is one of had to immediately change polling lo- to the Vote at Home Institute. . . . De-
the things States and local govern- cations, put out the notice they spite this dramatic increase in mail
ments really do well. thought was appropriate, and extend
voting over time, fraud rates remain
We will have a hearing next month— voting hours. Nobody in Washington,
infinitesimally small.’’
Senator KLOBUCHAR and I have worked DC, had to give permission for com- However, some voters still prefer to
together to talk about what that hear- monsense decisions that apparently ev- vote in person. That is why it is impor-
ing will look like—where I hope we will erybody in Tennessee thought were the
tant that States offer that option, with
have at least one local election official, best things to do.
safety procedures to protect them.
So, with great appreciation for my
some State election officials, and some Under the new law in our State, Illi-
friend’s dedication to this issue, with
people concerned about the civil rights noisans can vote in person if they wish.
certainly a willingness to be sure that
aspects of voting. That hearing will They can vote early as well. To protect
money is not an obstacle in States
also get into the challenges that States being able to have successful elections voters and poll workers, the law re-
face and particularly the challenges this year in areas where we can help— quires all election authorities to com-
that States and communities face if now, we are going to look at what we ply with guidance from the Illinois De-
they try to change too much too quick- can do to help financially within the partment of Public Health on early
ly. matrix of the elections that a State voting. Election authorities in Illinois
I think both Senator KLOBUCHAR and and local communities in that State also may establish curbside voting op-
I were pleased to see Georgia, for in- have determined should be their elec- tions. Election day will be designated a
stance, change their voting system to tion structure. In most cases, it is an State holiday in 2020 to ensure more
where they have a voting system—they election structure that has served safe polling places will be available.
were one of the handful of States that them well in the past, that people fully Why is it so hard for those who are
still had a voting system left that understand, but, still, the need to ac- legally entitled to vote in America—
didn’t have an audit trail—didn’t have commodate the health needs of people what does it say about a democracy
a paper audit trail. Well, they changed who normally were election workers or when the key to that democracy of vot-
the system, but they changed it, and I people who have a great record of being ing by those legally entitled is such a
don’t know that they had many op- voters or people who are voting for the burden and hardship?
tions. They had gotten behind on this first time will be part of what we need These upgrades I have talked about
issue, in my view. They changed it on to discuss. We can do that without a are expensive. That is why the Federal
primary election day. It was probably Federal takeover of the election sys- Government needs to help. The CARES
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too big an election to try an entirely tem. With that, I object. Act took a first step. I thank Senator
new system you are not used to, just The PRESIDING OFFICER. The ob- KLOBUCHAR for her role in including
like some of the changes in this bill. jection is heard. provisions that provided $400 million to
While I might not be for them, I can The Senator from Minnesota. help States prepare for the 2020 elec-
certainly argue, even if I were for Ms. KLOBUCHAR. Mr. President, I tion cycle. Illinois received about $14
them, this is not something you want thank Chairman BLUNT for his leader- million. Another $3.6 billion is needed
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June 30, 2020 CONGRESSIONAL RECORD — SENATE S4005
in the next package to help all States The PRESIDING OFFICER. The Sen- with disabilities, and we have expanded
increase the ability to vote by mail, ator from Virginia. the no-excuse absentee ballot. Unfortu-
expand early voting and online reg- Mr. WARNER. Mr. President, I nately, despite all these effective and
istration, and increase the safety of thank, first of all, as I see him leave secure tools at our disposal, we have
voting in person. The President of the the floor, the Senator from Illinois, for also seen States implement restric-
United States votes by mail. What does his very strong statement. I am going tions in the name of safety that have
that tell us? Is he participating in a to echo a lot of the same things. I disenfranchised far too many Ameri-
questionable political procedure? I thank him for his continued leadership. cans.
don’t think so. And, of course, I know we are going to In Wisconsin’s April primary, for ex-
The House-passed Heroes Act, a few hear from Senator COONS shortly and ample, Milwaukee reduced its number
weeks ago, included that money, and I Senator BLUMENTHAL, but a lot of the of polling places from 180 to just 5. We
am committed to working with my col- efforts go to Senator KLOBUCHAR with saw similar moves recently in Georgia
leagues to ensure those critical funds her leadership on the Senate Rules and Kentucky. We know whom those
are included in any COVID–19 relief Committee. restrictions disenfranchise. It is the
package that we may consider. These issues around election security poor; it is the elderly; it is workers just
I am also proud to sponsor Senator go back to the first bipartisan effort getting off their shift; and, dispropor-
KLOBUCHAR’s Natural Disaster and immediately after 2016, the Honest Ads tionately, it is Black and Latino voters
Emergency Ballot Act, which would Act. It is unfortunate that we are now who face the brunt of these restric-
also provide necessary funding and heading into the election—126 days, I tions. The truth is, this is not right. I
safeguards to protect voters. I was dis- believe, left—and this body has still think we all know that.
appointed to see my Republican friends not voted on a single stand-alone elec- We have a moral obligation to make
block this important legislation on the tion bill, even though we have seen the sure our tools to counter COVID–19 are
floor this afternoon. In the middle of Russian interference of 2016 and even not used to intimidate and suppress
this global health crisis, Americans though we know that Russia and other voters. Just last week, Senator KLO-
need to know what the Federal Govern- countries are back. I think history will BUCHAR and I sent letters raising the
ment is doing, and they need to know judge those who prevented those votes warning that bad actors could use test-
that we are doing everything we can to from happening if we see the kind of ing, immunity, and protective equip-
ensure that voters will be able to have potential disruption this fall that we ment as a pretense to turn away voters
their voices heard at the ballot box in saw in 2016. or increase the difficulty of reaching
November. Today, I am here to join Senator the ballot box on election day.
If you start with the premise that KLOBUCHAR and Senator BLUMENTHAL, Ideally, our election officials could
both political parties don’t want any- as well, to make sure that everybody come together around a national strat-
one who is unentitled or cannot legally has the right to vote in November and egy of preparing every polling place
cast a vote to do so, you have to ask that they are able do it in a safe and and precinct for administering our
the basic question, Why does one major secure way. As Senator DURBIN said, elections during a pandemic.
political party look for ways to delay, from Wisconsin to Georgia, to Ken- Unfortunately, there are those, in-
limit, and put hardships on voters and tucky, we are seeing a dangerous trend cluding the President, who have tried
the other believes that an expanded where too many voters are having to to politicize this issue. In fact, we have
electorate reflects America? It should choose between their safety and their seen the President spreading utter mis-
be encouraged. right to vote. My fear is that as we information about mail-in voting.
Federal funding and guidance is head into November without a plan and The President seems to have forgot-
clearly needed. Look at the chaos we without a strategy for protecting the ten that he has voted by mail in not
have seen in the last few weeks. Is this right to vote and ensuring equal access simply the last election but in the last
America when, in Georgia, voters wait- to the ballot box, we could see levels of three elections. What he fundamentally
ed more than 6 hours to cast a ballot voter suppression not seen since the fails to understand is that the right to
due to long lines and voting machine Jim Crow era. vote belongs to the voters, not to the
failures? Is this America in the State Now, we all know we have enormous politicians. It is our job to make sure
of Wisconsin when thousands of voters challenges with COVID–19, and we have that Americans can exercise their
didn’t receive their requested absentee to make sure that our polling places rights in a way that is safe and secure.
ballots, leading voters to decide be- don’t become vectors for spreading the That is why Congress must rise to
tween casting a ballot and protecting virus. The way we do that is not by re- the occasion and ensure Americans can
their health? Last month, a State offi- stricting access to the ballot box, not vote safely and securely. The time is
cial said that 71 people—71—people in the United States of America. That now to start serious preparations on
were exposed and infected by COVID–19 is not how the world’s greatest democ- contingencies to protect our elections
after voting in person and working at racy should meet this challenge. from both the pandemic and those who
the polls in Wisconsin during the pri- If we are going to preserve the integ- take advantage of it.
mary election. In Kentucky, we saw rity of our elections and the trust of I am a sponsor of the bill that Sen-
images of voters banging on the win- the American people, it is essential ator KLOBUCHAR has tried to UC to-
dows of Louisville’s only polling loca- that States and the Federal Govern- night, and I am disappointed that it
tion when the doors were locked after ment adapt to the challenges of this was blocked from passing, but I look
traffic at the site prevented a signifi- pandemic and actually expand access forward to continuing to work with her
cant number from being able to get in to the ballot box. In short, we need to and all of my other colleagues to make
line in time. make it easier and safer for Americans sure we get this job done.
These situations are appalling, unac- to exercise their right to vote. I yield the floor.
ceptable, and downright embarrassing The good news is, we don’t have to The PRESIDING OFFICER (Mr. CAS-
in a democracy. It is time for us to reinvent the wheel. A number of SIDY). The Senator from Minnesota.
come together and protect the funda- States—red States, blue States, purple Ms. KLOBUCHAR. Mr. President, two
mental right to vote, as well as the States—have adopted a range of con- other colleagues are here in support of
health and safety of all eligible Ameri- venient voting procedures that work this bill: Senator BLUMENTHAL from
cans who seek to exercise it. quite well. Some of these procedures the State of Connecticut, who is such a
I yield the floor. including ample early voting opportu- leader when it comes to civil rights and
Ms. KLOBUCHAR. Mr. President, I nities and no-excuse absentee ballots, is a member of the Judiciary Com-
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thank my colleague from Illinois. all of which reduce the risk but also mittee; and Senator COONS, who is ac-
Next, we will hear from Senator WAR- make sure we continue to be able to in- tually one of the leaders of the sub-
NER, who is the ranking member of the crease access. committee that helped to finance the
Intelligence Committee and a leader in In my home State of Virginia, due to last expenditure for elections during
taking on election interference from recent legislative changes, we have the pandemic and is working with us,
Russia and other foreign adversaries. curbside voting for seniors and people through his role on the Appropriations
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S4006 CONGRESSIONAL RECORD — SENATE June 30, 2020
Committee, to help the States get the States should allow no-excuse, mail- In Georgia, a State long known for
money that they need. in, absentee voting, expand voting peri- voter suppression efforts over decades
The PRESIDING OFFICER. The Sen- ods, and improve the safety of in-per- past, voters waited in line for hours
ator from Connecticut. son voting. The money that is nec- and hours. I was inspired by their pas-
Mr. BLUMENTHAL. Mr. President, I essary to assure free, fair, accessible sion, their persistence to exercise their
am so honored and proud to join my balloting—that $3.6 billion—ought to right to vote, and concerned, disheart-
colleague from Minnesota, who has be a matter of bipartisan acceptance. ened—even angered—by the fact that
been such a champion on this issue in Connecticut is known as the Con- no preparations were made sufficient
all kinds of constitutional weather. stitution State, but Connecticut has to meet the moment.
She has been a leader for all seasons on work to do, and its State legislature In Wisconsin, dozens—more than 50—
this issue, tireless and steadfast in her will, in fact, do that work—hopefully, voters and poll workers tested positive
advocacy. And my colleagues who are this month, in July—by expanding for COVID–19 after exercising their
here today with us are strong allies mail-in balloting. Those kinds of right to vote, one of the most funda-
and partners, and I am really proud changes in State law may be necessary mental rights in our democracy.
and honored to join them today. across the country, but here we can Across the country we have heard
The name of this act is the Natural make it possible, on our watch, to as- from election officials who have strug-
Disaster and Emergency Ballot Act. We sure that obstacles to fair and full vot- gled with the infrastructure that is ill-
are in a disaster for our democracy if ing are removed. equipped to handle this pandemic.
we do not act, if we fail to take the ini- We simply can’t continue to be un- So, as my colleagues have already
tiative within days, literally, to pro- prepared. The fight for voting rights said, we should come together to ad-
tect the ballot. remains more critical than ever before. vance this legislation, legislation I in-
You know, sometimes I think about It is a matter of integrity and credi- troduced with the Senator from Min-
voters in other countries who literally bility for our democracy. As we look nesota and the Senator from Oregon,
brave death to vote. In one or more around the world, we should be leading which is a series of commonsense solu-
countries their hands are marked so by example, not by suppression and ob- tions to this obvious challenge.
that they can be identified as having stacle. It would expand early, in-person vot-
voted, but also, they could be identified We need solutions now to protect ing; no-excuse, absentee vote-by-mail;
by opponents of those rights and poten- Americans’ health, but the health of and reimburse States for the additional
tially punished for voting. our democracy depends on this meas- costs involved in administering an
Here in this country, there are no ure. election during a pandemic. It would
such obstacles in the way of physical I am proud to join my colleagues. I ensure American voters aren’t faced
harm, until now. Now we face the urge that we have bipartisan support with that untenable choice: risk their
threat of an epidemic which can deter for it and that it be expanded. health to vote in person or stay home
people from coming to the polls, but it I yield the floor to my colleague from
and not vote at all.
has simply added to an ongoing threat Delaware, who has been, also, a great
Today is June 30. It is also the last
from suppression that has existed for advocate in this cause.
day of the Delaware General Assembly,
years and years and years in some The PRESIDING OFFICER. The Sen-
and like several other States, Delaware
parts of the country. ator from Delaware.
Mr. COONS. Mr. President, I want to has passed legislation to provide for
We need to do everything now to pro-
thank my colleagues from Connecticut, no-fault absentee voting in this pan-
tect voters. It is a shared responsi-
from Virginia, and in particular my demic, but they lack the resources to
bility—Federal and State. In the Fed-
colleague from Minnesota, who has fully deliver on this solution.
eral Government, we know that this
right is in peril. Look at what has hap- done such a great job—not just today That is why, in the Appropriations
pened in Wisconsin and in Georgia: the but as the ranking member of the subcommittee where I am the most
lines, the closed ballot places, the Rules Committee—in fighting for ex- senior Democrat, I have fought along-
other kinds of confusion and deterrence panding the right to vote in the con- side my Democratic colleagues to ad-
that have been created. text of this pandemic. vocate for money in this next COVID
In Kentucky’s recent primary, fewer My colleague from Minnesota has relief package—$3.6 billion—which is
than 200 polling places were open in- stood to ask for unanimous consent for what experts across the country say
stead of the 3,700 usually there in a the enactment of the Natural Disaster States need for printing ballots, for
typical election year. That is unaccept- and Emergency Ballot Act, which is a postage, for new high-speed scanners,
able. But that State is hardly alone, broad and bold framework to ensure ac- for secure drop boxes, for personal pro-
and we will see that pattern repeated cess to the ballot in every State in the tective equipment, and so much more.
unless we act soon. United States in the midst of this on- I appreciate that the Senator from
In the last decade, 25 States—lit- going pandemic. Missouri who came to the floor to ob-
erally, 25 States—have enacted new We are just 4 months from the elec- ject did say that he would support ad-
voting restrictions, including strict tion—126 days to be exact—and as day ditional funding, and I look forward to
photo ID requirements, cutting back after day the number of infections has working with my colleague from Min-
on the availability of early voting, and risen, it is clear that this pandemic is nesota to help ensure that that is actu-
registration restrictions. These con- far from over. So far, 125,000 Americans ally secured, but we have to do more
straints should be of paramount con- have died and 2.5 million have been in- than just provide financial resources.
cern. fected. It is completely reasonable for We have to provide this bill. We have
The Supreme Court has gutted the millions of Americans who are senior to provide the legal framework. We
Voting Rights Act, allowing States citizens, who have preexisting condi- have to provide a clear and confident
with long histories of voting discrimi- tions, and who have particular vulnera- path forward to voting.
nation to make it harder for voters of bilities to be concerned about the risk Let me close by reminding everyone
color to cast ballots. Coronavirus has they might take if they go to a polling in this Chamber that voting by mail,
added an additional layer of voter sup- place to vote. voting absentee under exigent cir-
pression, which will further result in Today is primary day in Colorado, in cumstances, is nothing new. Our troops
mass disenfranchisement. Oklahoma, and in Utah, and we have back in the Civil War voted by mail so
A secure and resilient electoral proc- seen in primary days just passed in that they could continue to participate
ess is critical to our national interest. Kentucky, in Georgia, and in Wis- in free and fair elections even as they
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It should be a matter of pride to all of consin, example after example where were fighting for the very existence of
us, and we should all be ashamed and the State officials involved did not this Republic.
embarrassed that a free, fair, safe, se- have the resources to hold elections In every election, hundreds of thou-
cure, and accessible process may be where everyone could safely partici- sands of American troops, diplomats,
made impossible either by health pate in a pandemic and hadn’t worked and development professionals safely
threats or suppression threats. out the plans. and securely cast their votes from
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June 30, 2020 CONGRESSIONAL RECORD — SENATE S4007
around the world—election after elec- enhance the ability of Americans to there is certainly reason to be worried.
tion. There is no reason we can’t do vote safely, only Donald Trump and Since 66 percent of poll workers are
that now. Majority Leader MCCONNELL could call over the age of 60, many of them are
So let me close by thanking my won- it a liberal conspiracy. This is just staying home to avoid getting sick.
derful colleague from the State of Min- basic common sense in government 101. I think my colleagues on the other
nesota, who has been such a pas- I am particularly concerned because side of the Chamber know at least
sionate, effective, and engaged advo- all of us know what is coming. In other some of what I have said this after-
cate on this issue. words, we have been out here talking noon. I believe they know what is com-
I call on my Republican colleagues. about these priorities now for months. ing this fall because we have already
Let’s step up. Let’s get this done. Let’s We saw it in Wisconsin. We saw it in seen a kind of snapshot of it over the
ensure that the American people can Georgia. We now know what is coming. last couple of months in terms of the
safely exercise their right to vote this If anything, we get additional news challenge of voting during the era of
November. every day about what the challenge is. the coronavirus.
The PRESIDING OFFICER. The Sen- I don’t know whether anybody has In 2016, we saw what happened when
ator from Minnesota. touched on it this afternoon, but just a foreign power tried to interfere with
Ms. KLOBUCHAR. Mr. President, I today, Dr. Tony Fauci said he would our election. The concerns of 2016 are
thank the Senator from Delaware for not be surprised to soon see 100,000 new now magnified in 2020. I put forward
all the work he has done and his focus coronavirus cases a day. the Resilient Elections During Quar-
on what is going to be right in front of The Presiding Officer of the Senate is antines and Natural Disasters Act, and
us, and that is additional help to a physician, and he knows this well. He I would like to think we have been try-
States both with their needs—their comes from a State that has faced a lot ing to get the facts out to Senators on
medical needs and other economic of challenges. Who are the people who both sides of the aisle for years now.
needs—but also their democracy needs are most vulnerable? It is seniors. It is It was a pleasure to team up with
coming out of this pandemic. people who are over the age of 60. Senator KLOBUCHAR on the Natural
When Hawaii was hit at Pearl Har- What I would say to my colleagues is, Disaster and Emergency Ballot Act and
bor, we did not expect Hawaii to defend when I introduced the first bill to vote with Senator COONS, as he was our
itself. When this pandemic hits, it
by mail—and that was a full 20 years point person in securing the funds that
doesn’t just hit one State. It hits our
ago—to give everybody in America the are a prerequisite to doing this job
entire country. That is why we argue
chance to vote the Oregon way—they right. In other words, you have to have
for Federal Government involvement.
With us—last but not least—is the wouldn’t have to vote the Oregon way, funds, and you have to have the re-
other lead on this bill, and that is Sen- but they would all have a chance to forms.
ator RON WYDEN, who has been a long- vote by mail, a ballot. We knew that We don’t really think that it is a rev-
time advocate, based in the forward- this would be a big breakthrough in olutionary proposition that what you
thinking State from which he comes, terms of our special system of govern- ought to do is everything possible to
the State of Oregon, on vote-by-mail. ment. Our military has always looked make sure that every eligible Amer-
The PRESIDING OFFICER. The Sen- to innovative ways to make sure that ican can vote safely in a pandemic.
ator from Oregon. our courageous men and women in uni- Nobody I know in this Chamber is of-
Mr. WYDEN. Mr. President, I thank form would have a chance to be count- fering the proposition that the Federal
you. I thank Senator KLOBUCHAR. I ed in every election. We knew 20 years Government should just run elections.
thank Senator COONS, an absolutely in- ago that vote-by-mail would be an im- What we are trying to do is give States
valuable member of this alliance, en- portant innovation because we had and local governments clear guidance
suring that we are going to be able to been doing it for years and years in Or- about the best way to keep elections
get the resources for this. egon. running during the pandemic and the
My mother would say, if she looked All the arguments that have been resources in order to use that guidance,
around, ‘‘Dear, you’re running with the thrown out recently—these arguments as Senator KLOBUCHAR and I have
right crowd.’’ It is a pleasure to be able about fraud—our late secretary of talked about—two sides of the same
to team up with both of you. state, Dennis Richardson, who was very coin—not running the election but giv-
I want to put this in some kind of conservative, before he passed—he ing good facts and clear guidance about
context to begin because my colleagues passed shortly after Donald Trump how to prevent the pandemic and the
have all done such a good job. I also took office—he wrote the President, dollars to make it possible to carry it
got a chance to listen to the Senator Donald Trump, and said: This fraud out.
from Virginia, Senator WARNER. He issue is nonexistent in Oregon. Every If a million members of the military,
and I serve on the Intelligence Com- election, there are virtually no in- five U.S. States, and tens of millions of
mittee. I can’t get into classified infor- stances, but a lot of people believe they Americans across the country can vote
mation, but certainly we are very got a chance to be counted, and they by mail every election, then every
much aware of some of the challenges got a chance to do it in a way that was voter ought to be able to vote by mail.
to protecting the integrity of the votes convenient for them. It is now online, and I hope my col-
of our citizens from a national security There are a lot of challenges, cer- leagues will look at the wonderful dis-
standpoint. tainly, today with the coronavirus. cussions ‘‘60 Minutes’’ had about vote-
I just want to start with a kind of What we do with vote-by-mail, as my by-mail in Oregon just a couple of days
basic, commonsense proposition. When colleagues have been talking about, is ago with our secretary of state, Bev
you do something like making sure, in we need to make it easier to empower Clarno. She, too, is a Republican.
2020, that citizens don’t have to have a voters to vote the way they would like There are real bipartisan roots on this.
notary to vote, what you are doing is to be able to vote—safely and at home. I am the first U.S. Senator ever to be
just common sense, and that is what Right now, voters are worried about elected by mail. I am a Democrat. The
expanded in-person voting is all about. infection. Sixty-six percent recently second U.S. Senator to be elected by
That is what you do when you support said they were concerned about going mail, our former colleague Gordon
voters with disabilities. That is what to polling places—and for good reason. Smith, was a Republican. You see
you do when you make it easier for We just had our primary in Oregon, Democrats, and you see Republicans.
communities where there are people of and nobody had to worry about infec- You watch ‘‘60 Minutes.’’ You hear
modest income, communities of color, tion in the State of Oregon. We voted from our secretary of state, who is a
to vote. safely in the middle of a pandemic—no longtime Republican. You heard what I
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It has been a pleasure to be able to long lines, no interactions with older had to say about the late Dennis Rich-
work with Senator KLOBUCHAR in par- people and multiple poll workers, often ardson, who I would venture to say was
ticular, who is passionately committed putting several people at risk of the just about as conservative as any Mem-
to adding those kinds of priorities. coronavirus, not just one person. Yes, ber of the Republican caucus. We are
I would only say that when you add if you have the possibility of touching going to keep doing everything we can
these kinds of commonsense steps to a machine used by hundreds of people, to get the facts out and make sure that
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S4008 CONGRESSIONAL RECORD — SENATE June 30, 2020
people understand these arguments port for the nomination of MG Jon his decades of experience and his com-
about, for example, fraud. We have to Jensen of Minnesota to become the Di- mitment to guardsmen and their fami-
say, so people really see how strongly rector of the Army National Guard. lies, including supporting families
we feel about it. Major General Jensen has served in through multiple deployments, as well
A few years ago, a poll worker tam- the Army National Guard for more as in my State.
pered with two ballots. We put that than three decades. He currently serves I think we know that dual role of the
person in jail for 90 days and fined him as an adjunct general of the Minnesota National Guard has been tested so
$13,000, and they were barred from ever National Guard—a position he has held much in recent decades, including their
working in an election again. That is since November of 2017. As adjunct gen- work, basically, fighting on the front-
the way to show you are serious about eral, Major General Jensen oversees line over the last decade and then their
making sure you are sending a strong more than 13,000 soldiers and air men work here at home through many nat-
message about the integrity of every and women in Minnesota. ural disasters, as well as the current
person’s vote, addressing the safety His record of service and extensive pandemic.
questions, and avoiding the prolifera- experience in Minnesota and across the I yield the floor.
tion of insecure, overpriced electronic world makes him an excellent choice The PRESIDING OFFICER. The Sen-
election equipment—something that to lead the men and women of the ator from Nebraska.
the voting machine lobby has been ped- Army National Guard across the coun- S. 4049
aling for years and years. Those, again, try. Mrs. FISCHER. Mr. President, I rise
are not partisan kinds of positions; We are grateful for Major General today to speak in support of the de-
they are just plain common sense. Jensen’s leadership and service and fense authorization bill for fiscal year
I realize that Donald Trump and proud to see a fellow Minnesotan nomi- 2021.
MITCH MCCONNELL are going to keep nated to become the Director of the I want to start off by thanking the
doing everything they can to block Army National Guard. I urge my col- chairman and ranking member of the
vote-by-mail on legislation, but I be- leagues to join me in supporting his Senate Armed Services Committee. I
lieve that when we really get into ne- confirmation. am grateful for their hard work, their
gotiating the nuts and bolts of the Major General Jensen has led the leadership in crafting this bill, con-
coronavirus package in the Senate Minnesota National Guard in unprece- ducting a productive markup, and man-
when we come back, I believe, particu- dented times, including in the State’s aging the floor process. We came to-
larly because Senators are going to be response to the coronavirus pandemic. gether on this committee during these
home, they are going to hear from vot- In recent months, our Guard members, difficult times, and we passed a strong
ers, and voters are going to say: Don’t as they have in so many States, have bipartisan bill, one that supports our
put our health at risk. Give us the abil- provided planning and logistics support servicemembers and provides for the
ity to vote in a safe way. and transportation assistance, while defense of this Nation.
That is what we have tried to do. also helping to conduct coronavirus I have said it many times before: Our
I will just say to my colleagues, tests. warfighters are our greatest asset. The
there really is no plan B. The choice is Under Major General Jensen’s leader- brave men and women who serve de-
either vote by mail or through the ex- ship, the Minnesota National Guard serve our utmost respect, support, and
panded options that we are offering in has been critical in our response to gratitude.
our bill, or huge numbers of Americans natural disasters, including flooding in This year’s bill authorizes a 3-percent
will not be able to vote at all. our State that caused significant chal- pay raise for all members of the uni-
We are better than this, and it is lenges for so many farmers in Min- formed service. It reauthorizes over 30
time for Senators to look again. nesota during last year’s harvest. types of bonuses and special pays and
As I said, there is no plan B here, col- In addition to his work in our State, increases incentive pay for healthcare
leagues. The choice is to take advan- the major general has been a national professionals.
tage of our options for citizens to be leader in working with the National The bill also prioritizes support for
able to vote safely, or huge numbers of Guard in other States to expand part- military families through childcare
Americans will not be able to vote at nerships with the Federal Government. and spouse employment opportunities.
all. He began his military career in 1982 We need to ensure that our warfighters
I think, to close for our side, the lead as an enlisted combat medic, and in can stay focused on executing their
sponsor, the senior Democrat in the August 1989, was commissioned as a mission and maintaining readiness.
Rules Committee, may have something second lieutenant in the U.S. Army. This is only possible if they know their
else to say. As a Senator who has He continued his training in Georgia, families, especially their spouses and
worked on this, as I say, for two full and his career eventually took him to children, are taken care of.
decades, I knew that we were going to assignments in Georgia, Kansas, and As countries like Russia and China
face challenges along the way. Back Iowa. But then he had major assign- rapidly modernize, we face a growing
when we started, it was kind of a de- ments in Italy and Bosnia, need for intelligence, surveillance, and
bate among political scientists. Now it Herzegovina, Iraq, and in Kuwait. reconnaissance capabilities despite
is fundamentally a question of keeping His outstanding service is dem- having a limited fleet of resources.
our citizens safe as they exercise the onstrated by the list of decorations and Over and over again, I have heard
franchise. I think it is very fitting that awards he has earned over his career, from combatant commanders who reit-
Senator KLOBUCHAR close for our side. including the Legion of Merit, Bronze erate the need for ISR. They also note
The PRESIDING OFFICER. The Sen- Star, Meritorious Service Medal, and the significant shortfall in supply
ator from Minnesota. Army Commendation Medal. versus a demand the Department of De-
Ms. KLOBUCHAR. Mr. President, I In addition to serving as adjutant fense has called ‘‘insatiable.’’ This is a
want to thank Senator WYDEN for his general, Major General Jensen has held problem I know well, as I am proud to
longtime leadership on this issue. I numerous leadership positions within have the honor of representing the Air
want to thank all of my colleagues. I the Guard, including as commander of Force’s 55th Wing, the No. 1 provider of
want to actually thank Mr. BLUNT, who the 34th Infantry Division, director of large fixed-wing ISR in the Nation.
did object to our bill but is willing to Joint Staff, and assistant adjutant gen- To continue enhancing the capabili-
work with us on the funding. eral. ties of the 55th Wing, this bill would
As I said, to sum up, we would rather I had the honor of attending the authorize nearly $200 million in fund-
put ballots in the envelopes than vot- change of command ceremony where he ing for the continued modernization
ers in the hospital. It is that simple. became adjutant general of our Guard. and upgrading of the RC–135 aircraft.
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NOMINATION OF MAJOR GENERAL JON JENSEN Now I hope to have the honor of seeing This bill ensures that the platform re-
Mr. President, I appreciate the kind- him confirmed to help lead the brave mains a capable part of the Air Force’s
ness of my colleague from the great citizen soldiers of the Army National ISR system for decades to come. The
State of Nebraska. Guard nationwide. RC–135 is a core component at the Air
I am going to briefly address one I have no doubt that our Nation will Force’s ISR system and will be for the
matter, and that is to express my sup- benefit from his leadership and from foreseeable future.
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June 30, 2020 CONGRESSIONAL RECORD — SENATE S4009
But as we enter newly contested en- We are all aware of the increasing ef- THAAD battery. As threats continue to
vironments, we need to think cre- fort by China and Russia to expand increase, the need for THAAD’s unique
atively about integrating platforms their influence, which has underscored defense capabilities continues to grow.
like the RC–135 into new ISR networks. the need to work with our partners and Most importantly, this year’s bill au-
I included language in this year’s allies around the world. Engagement, thorizes full funding for the continued
NDAA that would require an assess- development, training, and education modernization of our nuclear deter-
ment of the overall ISR’s shortfall with partner military forces is crucial rent. This includes critical programs
based on combatant commander de- to successfully strengthening alliances such as the Ground Based Strategic De-
mand, with details about the planned and attracting new partners, and it is terrent, which will replace our aging
integration of the RC–135 aircraft into important that we cement new ties in ballistic missile force, and the next-
next-generation networks like ABMS. places where we have a lighter pres- generation nuclear cruise missile, the
This provision would task the De- ence. long range standoff weapon.
partment of Defense with exploring the The State Partnership Program, a It also invests heavily in the mod-
conversion of retiring KC–135 aircraft Department of Defense program that ernization of the National Nuclear Se-
into the highly sought after RC–135 to encourages cooperation between Na- curity Administration’s nuclear com-
grow that ISR capability. tional Guard units and partner mili- plex, a third of which dates to the Man-
Unfortunately, we also face a broader taries, is an excellent example of this. hattan Project and early Cold War era.
issue with the size and the age of our To encourage its continued develop- I would like to take a moment to re-
Nation’s Air Force, which is why I in- ment, I included language in this mind my colleagues of why maintain-
cluded language encouraging growth to year’s NDAA highlighting the SPP’s ing our modernization schedule is so
meet the Air Force We Need target of success in cultivating positive rela- very important. While still effective,
386 operational squadrons. tionships with partner forces. our nuclear deterrent is aging. Every
Offutt Air Force Base in Nebraska Nebraska has two such partnerships: leg of our nuclear triad has been ex-
Houses the Air Force’s fleet of E–4B a shared one with the Czech Republic tended far beyond its originally
aircraft, which serves as the National and a newly penned partnership with planned service life, and we have
Airborne Operations Center and plays a Rwanda. reached a point where further life ex-
key role in our nuclear command, con- This mil-to-mil training program al- tensions are simply not possible. These
trol, and communications architecture. lows National Guard units to conduct systems must be replaced.
The NAOC provides a highly survivable exercises and education with devel- To this end, the previous administra-
platform from which to direct U.S. oping nations, cultivating partnerships tion began the development of a num-
forces, execute emergency war orders, that are vital to our success around the ber of programs to recapitalize our nu-
and coordinate actions by civil au- world. I also serve as chair of the Stra- clear deterrent, including a new ICBM,
thorities. tegic Forces Subcommittee, which a new submarine, and a new bomber.
The E–4B fleet, which first entered oversees the Department’s nuclear Yet these replacements are expected to
service in 1974, is aging rapidly and forces and the U.S. Strategic Com- be delivered just as the current sys-
sustainment efforts have grown in- mand, or STRATCOM, which is located tems are aging out, and as many
creasingly difficult and costly. The in my State of Nebraska. STRATCOM Commanders have testi-
path forward for recapitalizing this It also has jurisdiction over national
fied, there is no margin for error in
vital strategic capability remains un- security space and missile defense pro-
clear. So I included language in this this schedule.
grams, as well as the Department of
Take, for example, the Ohio-class
bill that would encourage the swift re- Energy’s defense activities.
Across the subcommittee’s jurisdic- submarines. Through life extensions,
capitalization of this important capa-
tion, we reduced funding for underper- the submarines will be in service for 42
bility.
Nebraska is also the proud home of forming programs in order to better years—longer than any other sub-
the world-class University of Nebraska support the priorities of our war fight- marine in our Navy’s history. As the
Medical Center, which is among the ers. current STRATCOM Commander, ADM
Nation’s leading specialized medical For example, my subcommittee au- Charles Richard, who is a submariner
care and biocontainment units. This thorized an additional $76.8 million to by trade, eloquently explained during
made UNMC the logical choice to be begin development of a land-based mis- his confirmation hearing that it is sim-
the first U.S. location to receive the sile defense capability for Guam. Not ply not possible to keep them in serv-
COVID–19 patients for quarantine and only is this a top priority for the ice any longer.
testing. The first clinical trial of a INDOPACOM commander, but it is the However, as a result of previous deci-
drug to combat coronavirus was con- single largest new activity undertaken sions to delay the development of the
ducted there as well. as part of the Pacific Deterrence Ini- Ohio’s replacement, these submarines
COVID–19 has placed an exceptional tiative. will be retiring before the next genera-
strain on the Nation’s healthcare infra- The subcommittee also authorized an tion—the Columbia class—is ready for
structure, and we need to address our increase of $120 million in order to ac- service. Let me say that again. The
limited capacity to respond to major celerate the development of the space- submarines that form one-third of our
events. For that reason, I championed based Hypersonic and Ballistic Track- nuclear triad will begin retiring before
language in the NDAA that would au- ing Space Sensor at the Missile De- their replacements are ready.
thorize $5 million to implement a pilot fense Agency. Despite repeated testi- STRATCOM believes it can mitigate
program on civilian and military part- mony from DOD witnesses about the the risks associated with that sched-
nerships to enhance the interoper- significance of this program, year after ule, but this reflects the high level of
ability and medical surge capacity of year, budget requests fail to fully fund risk that has already been accepted in
the National Disaster Medical System. it. While I am proud of the subcommit- our planning. It also explains exactly
This program would improve future tee’s work to keep this program mov- why officials in both the Trump and
Federal responses to pandemics and to ing forward, I hope that next year the the Obama administrations have re-
other threats while giving institutions Department will take the initiative peatedly emphasized that there is no
with an established expertise in these and fully fund this essential program. margin for additional delay.
areas, like UNMC, an opportunity to To meet additional missile defense Admiral Richard testified earlier this
participate. priorities, this bill also provides $128 year: ‘‘I cannot overemphasize the need
Additionally, the Senate NDAA bill million to increase procurement of to modernize our nuclear forces and re-
makes targeted investments to begin SM–3 IIA missiles and an additional capitalize the supporting infrastruc-
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addressing the disruptions caused by $162 million to continue the develop- ture to ensure we can maintain this de-
the COVID–19 pandemic, including $46 ment of the Homeland Defense Radar- terrent in the future.’’
million for coronavirus vaccine re- Hawaii, a key unfunded priority of the This is why fully funding these pro-
search and production, and the bill en- INDOPACOM commander. grams and maintaining our current
courages faster adoption of telehealth The bill also authorizes an increase modernization schedule is so impor-
services. of $319.6 million to procure an eighth tant. We must continue preparing to
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S4010 CONGRESSIONAL RECORD — SENATE June 30, 2020
meet and defeat the adversaries of to- having to go to the hospital and that it ments being present, you can’t have
morrow. might be helpful in those cir- standing. Without standing, you can’t
In closing, I again stress that the cumstances to have the person who have a case or a controversy, and the
Senate’s NDAA bill gives our men and performed the procedure have admit- court has no jurisdiction.
women in uniform the resources they ting privileges at a hospital within 30 It is well established that, within the
need. More than this, it provides for miles of the abortion clinic. Federal court system, this standing in-
their and their families’ futures The constitutionality of the law was quiry is what we call part of the
through much needed pay raises, em- challenged in a lawsuit brought by five court’s judiciary doctrine, meaning it
ployment opportunities, and other pro- abortion clinics and four abortion pro- is a threshold inquiry that determines
grams. This bill is good for the nuclear viders in Louisiana. Now, they chal- jurisdiction. As a result, it can be
and strategic forces that protect our lenged the law in Federal district raised at any moment by any party. It
country. This bill is good for our Na- court, and they did so before the act can be, and sometimes will be, ad-
tion. This bill is the product of bipar- even took effect, arguing that it was dressed by the court acting sua sponte,
tisan consensus. Nearly all of my Re- unconstitutional because it imposed an meaning, regardless of whether any of
publican and Democratic colleagues on undue burden on their patients’ right the parties raises it. It cannot be
the Committee on Armed Services to obtain abortions. The abortion clin- waived. As a result, at any stage of the
voted for it. ics and the medical providers at issue— litigation—whether at the trial court,
Let’s provide for the defense of our the doctors and the clinics that chal- at the appellate court, or at the Su-
Nation and the men and women of our lenged it—were quite significantly not preme Court of the United States—it
Armed Forces by voting for the bill. I arguing that these were their own con- can be raised by any party or any
ask my colleagues to join me in sup- stitutional rights that were being im- member of the judiciary sitting in that
porting its swift passage. paired. They were, instead, arguing case.
I yield the floor. that they had standing, that they had It is significant that in this 5-to-4
The PRESIDING OFFICER (Ms. the ability to stand in the shoes of ruling, in an oddly configured plurality
MCSALLY). The Senator from Utah. those who were among their patients, opinion of four Justices—Justices Gins-
JUNE MEDICAL SERVICES V. RUSSO those whom they served. burg, Breyer, Kagan, and Sotomayor—
Mr. LEE. Madam President, I come So I would like to talk about three being united in a single plurality opin-
to the floor wanting to discuss a case critical features of this decision and ion and joined by Chief Justice Roberts
called June Medical Services v. Russo. why I think the decision was wrong in in a concurring opinion, they cobbled
This was a decision announced by the all three respects. together a conclusion that it was just
Supreme Court of the United States First, let’s talk about this standing fine for the court to act in this cir-
yesterday. issue that I alluded to just a moment cumstance, notwithstanding the fact
This is a decision that hasn’t gotten ago. The concept of standing is rooted that the doctors and the abortion clin-
as much attention as many cases that in article III of the Constitution. Arti- ics in this case were not even arguing
go before the Supreme Court. It is, cle III is the part of the Constitution that their own constitutional rights
nonetheless, a significant decision, and that establishes the judicial branch were being impaired. This is signifi-
it is a decision that, I believe, is deeply and sets up the Supreme Court and cant. This is stunning, in fact. They
flawed and betrays many of the legal such inferior courts as Congress might are asserting the constitutional rights
and constitutional principles that the choose to create. Significantly, neither and the alleged injuries of third par-
Supreme Court of the United States article III nor any other provision of ties.
purports to apply and is supposed to be the Constitution gives the courts the Now, in other circumstances, one
bound by as it decides cases and con- authority to make law, to decide pol- might imagine a scenario in which you
troversies properly brought before its icy, or even, for that matter, to an- might have someone coming before the
jurisdiction. nounce what the law is or says or court, claiming to be the executor of
The June Medical Services case in- should say at any moment unless, of somebody’s estate or, perhaps, the
volved the constitutionality of a stat- course, there is a case or a controversy legal guardian of a juvenile or of a per-
ute enacted by the Louisiana Legisla- before the court. son who had been deemed incapaci-
ture, known as Act 620. The legislation What that means is that a court can- tated. In those circumstances, that
in question required any doctor per- not issue an advisory opinion. In our person has standing, but the standing
forming abortions within Louisiana to Federal court system, the courts have belongs to the person suffering the in-
hold active admitting privileges at a the power to decide actual conflicts, jury. It is just allowed to be asserted
hospital within 30 miles of the location disputes, cases, or controversies be- by the third person standing in that
of the abortion clinic in question. The tween one or more parties who happen person’s place. That is not what we had
Act then defined what it meant to have to disagree as to the meaning of a par- here. Neither in the complaint nor in
acting admitting privileges, and it did ticular provision of Federal statutory any of the moving papers did any of the
so in terms of a reference to the ability or constitutional law. Without that plaintiffs argue—that is the clinics and
to admit a patient and to provide diag- type of case or controversy, the court the abortion providers in question—
nostic and surgical services to such pa- lacks jurisdiction. So, even though this that its own constitutional rights were
tient. It is understandable why the isn’t a concept that nonlawyers employ being impaired. They instead asserted
State of Louisiana or any State might in day-to-day conversation, it is some- impairment of the rights of third par-
want to consider adopting such legisla- thing that lawyers in America and ties not before the court, of would-be
tion. judges, particularly Federal judges and patients whom they might have.
I want to be very clear at the outset lawyers who practice before Federal The lack of standing in this case is
that this case did not involve any legis- courts, are familiar with. apparent, and the lack of standing was
lation prohibiting abortion. In fact, The concept of standing acknowl- glossed over by this cobbled-together
there is nothing about Act 620 that edges that, with very few exceptions combination of the four-member plu-
made abortions illegal in Louisiana nor not relevant in this context, a party rality and Chief Justice Roberts. The
is there anything about Act 620 that may not sue on behalf of or in order to plurality glossed over it and, in part,
would have made it practically impos- address an injury sustained by a third suggested that the standing issue
sible or really difficult for people to ob- party. In order to have standing in might not have mattered because, per-
tain an abortion. That is not what it Federal court, you have to have an in- haps, it was not an argument that was
did. It simply acknowledged the fact jury in fact—that is concrete and par- properly raised before the district
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that an abortion is a type of surgical ticularized, that is sustained by the court. Yet any first-year law student in
medical procedure and, in taking into plaintiff, that is fairly traceable to the any American law school, let alone a
account the fact that it is a medical conduct of the defendant—and the con- Federal judge or a Supreme Court Jus-
procedure, is sometimes fraught with duct at issue must be capable of being tice, knows that standing isn’t
medical peril that can sometimes re- remedied by a judicial order within the waivable. It is a threshold jurisdic-
sult in people getting hurt and people court’s jurisdiction. Without those ele- tional question, and, as such, it cannot
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June 30, 2020 CONGRESSIONAL RECORD — SENATE S4011
be waived. It is never waived. It is al- So the Supreme Court, as far as I can The PRESIDING OFFICER. The
ways a live, relevant, legitimate ques- tell, based on the time that I have question is on agreeing to the motion.
tion, one that can be raised sua sponte spent reviewing the decision, the Su- The motion was agreed to.
by the Court itself. preme Court abandoned its ordinary f
In his dissent, Justice Alito acknowl- standards and applied a different stand-
NATIONAL DEFENSE AUTHORIZA-
edged this point and explained it well ard here so as to make it easier for this
TION ACT FOR FISCAL YEAR
with the following words: group of plaintiffs to raise a constitu-
2021—Continued
Neither waiver nor stare decisis can justify tional challenge.
this holding, which clashes with our general Madam President, I see the majority The PRESIDING OFFICER. The Sen-
rule on third-party standing. And the idea leader has entered the Chamber, and I ator from Utah.
that a regulated party can invoke the right ask unanimous consent for permission JUNE MEDICAL SERVICES V. RUSSO
of a third party for the purpose of attacking to be able to continue my remarks Mr. LEE. Madam President, that was
legislation enacted to protect the third party the first error that I think deserves to
after the majority leader has con-
is stunning. Given the apparent conflict of
ducted his business, as if without inter- be mentioned in this context—the error
interest, that concept would be rejected out
of hand in a case not involving abortion. ruption. apparent in the fact that the Supreme
The conflict of interest to which Jus- The PRESIDING OFFICER. Without Court ignored the fact that the plain-
tice Alito is referring refers to the fact objection, it is so ordered. tiffs before the Court lacked standing.
that you have got here, on the one The majority leader. They just glossed over this issue. Why?
hand, a State regulating a particular Mr. MCCONNELL. Madam President, Well, because it involves abortion, and
act—here, abortion providers, clinics, I thank my friend from Utah. I will be I guess abortion is different.
and physicians who perform abortions. brief. The explanation provided by the plu-
That entity, like any other entity that f rality and by the Chief Justice—under-
is otherwise going to be regulated, has standing that in order to form a major-
LEGISLATIVE SESSION ity, sometimes you have to cobble to-
an interest in being not regulated.
Mr. MCCONNELL. Madam President, gether a concurring opinion with a plu-
It makes it easier, perhaps cheaper,
I move to proceed to legislative ses- rality opinion, and that is what hap-
perhaps more lucrative for that entity,
sion. pened here.
for those providers, to be in that busi-
The PRESIDING OFFICER. The Their analysis on the standing issue
ness if they are less regulated. It
question is on agreeing to the motion. in this case simply doesn’t wash. It
makes it easier for them to do what
The motion was agreed to. doesn’t add up. In fact, I believe it de-
they do and perhaps more profitable if
they don’t have to have admitting f fies what every first-year law student
is taught in American law schools. It
privileges at a hospital within 30 miles EXECUTIVE SESSION
doesn’t work.
of the location of the abortion clinic.
Secondly, this draws attention to an-
That is very different than the poten-
EXECUTIVE CALENDAR other problem with the Court’s juris-
tial interest of their patients. Their pa-
prudence in this area. When abortion is
tients have exactly the opposite inter- Mr. MCCONNELL. Madam President, treated differently than other things,
est. Their patients have the interest in I move to proceed to executive session it leads to a fair amount of tail-chasing
making sure that the abortion provider to consider Calendar No. 718. by the Court because the Court has
provides for a safe, healthy environ- The PRESIDING OFFICER. The
stepped in—starting with Roe v. Wade
ment in which adequate care can be question is on agreeing to the motion.
and continuing with Casey and the
provided to the patient, such that as The motion was agreed to.
other cases since then on this topic—
complications arise, the doctor can The PRESIDING OFFICER. The
the Court has stepped in essentially as
take the patient to a hospital and, with clerk will report the nomination.
a superlegislative body, and it has at-
those admitting privileges, can go The bill clerk read the nomination of
tempted to set out a rule saying that
about setting in order the course of Russell Vought, of Virginia, to be Di-
you can’t undermine what the Court
treatment that needs to be pursued. rector of the Office of Management and
has declared to be a right to access
And so Justice Alito’s point was sim- Budget.
abortion.
ply that, in this circumstance, you f So let’s set aside, for a moment, that
have a completely different set of in-
CLOTURE MOTION question of what we would be looking
terests, some that are being advanced
Mr. MCCONNELL. Madam President, at if we were dealing with a law prohib-
by abortion providers, some that the
I send a cloture motion to the desk. iting abortion, but this isn’t that.
State holds, and some that the patient
The PRESIDING OFFICER. The clo- Again, this was a law, Act 620, adopted
holds. They are separate; they are dis-
ture motion having been presented by the Louisiana State Legislature
tinct; and here, really, they are at odds
under rule XXII, the Chair directs the that simply required that doctors and
with each other.
clerk to read the motion. clinics performing abortions be run by
So Justice Alito went on to explain:
The bill clerk read as follows: doctors having admitting privileges at
This case features a blatant conflict of in- a hospital within 30 miles.
terest between an abortion provider and its CLOTURE MOTION
It is not an abortion ban. It is just a
patients. Like any other regulated entity, an We, the undersigned Senators, in accord-
abortion provider has a financial interest in public health and safety regulation of
ance with the provisions of rule XXII of the
avoiding burdensome regulations such as Act Standing Rules of the Senate, do hereby
the same sort that you might see in ef-
620’s admitting privileges requirement. . . . move to bring to a close debate on the nomi- fect with respect to surgical centers or
Women seeking abortions, on the other hand, nation of Russell Vought, of Virginia, to be other outpatient treatment clinics
have an interest in the preservation of regu- Director of the Office of Management and throughout that State.
lations that protect their health. The con- Budget. And so, nonetheless, you have got
flict inherent in such a situation is glaring. Mitch McConnell, Marsha Blackburn, Roe v. Wade and its progeny in which
So with this circumstance, the plain- Joni Ernst, John Boozman, Steve the Supreme Court has stepped in, ba-
tiffs did not have standing. They didn’t Daines, Cory Gardner, Pat Roberts, sically, as a superlegislative body say-
Mike Rounds, Mike Crapo, Roger F.
even assert the prerogative of asserting ing you can’t impose too heavy of a
Wicker, Cindy Hyde-Smith, Lamar
the rights of themselves. They didn’t Alexander, Shelley Moore Capito, Rob burden on a woman’s access to or abil-
claim that they themselves had inju- Portman, Roy Blunt, John Barrasso, ity to obtain an abortion.
ries that were constitutionally cog- John Thune. The problem with that is there is
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nizable in court. f nothing in the Constitution that says
They instead said that they were as- that. There is nothing in the Constitu-
serting them on behalf of an injury LEGISLATIVE SESSION tion that makes this a Federal issue.
that would be suffered, and had not yet Mr. MCCONNELL. Madam President, There is nothing in the Constitution
arisen, on the part of their patients, I move to proceed to legislative ses- that takes what is essentially a legisla-
and that is a problem. sion. tive judgment; namely, the legality or
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