S4894 CONGRESSIONAL RECORD — SENATE July 14, 2021 good military strategy for China and Cardin Johnson Romney [Rollcall Vote No. 263 Ex.] Carper Kaine Rosen YEAS—90 Russia, but the budget doesn’t support Casey Kelly Rounds that strategy. As a result, I am worried Cassidy King Sanders Baldwin Grassley Peters that deterrence will fail maybe today Collins Klobuchar Schatz Barrasso Hassan Portman or maybe 5 years from now, and when Coons Leahy Schumer Bennet Heinrich Reed Cornyn Luja´ n Shaheen Blumenthal Hickenlooper Risch it does, the cost will be much higher Cortez Masto Manchin Sinema Blunt Hirono Romney than any investment we would make Crapo Markey Smith Booker Hoeven Rosen today. Daines McConnell Stabenow Boozman Hyde-Smith Rounds Duckworth Merkley Tester Braun Inhofe Rubio We have made a sacred compact with Durbin Moran Thune Brown Kaine Sanders our servicemembers. We tell them that Feinstein Murkowski Toomey Burr Kelly Sasse we will take care of them and take care Fischer Murphy Van Hollen Cantwell Kennedy Schatz of their families. We do that very well, Gillibrand Murray Warner Capito King Schumer Grassley Ossoff Warnock Cardin Klobuchar Scott (SC) but we also tell them that we will give Hassan Padilla Warren Carper Leahy Shaheen them the tools to defend the Nation Heinrich Peters Whitehouse Casey Lee Sinema and to come home safely, but we are Hickenlooper Portman Wicker Cassidy Luja´ n Smith Hirono Reed Wyden Collins Lummis Stabenow not holding up that end of the bargain. Hyde-Smith Risch Young Coons Manchin Sullivan With this proposed budget and the Cornyn Markey Tester prospects of further cuts, we are failing NAYS—27 Cortez Masto Marshall Thune to give them the resources they need. Barrasso Hawley Paul Cotton McConnell Tillis Blackburn Hoeven Rubio Cramer Menendez Toomey We can’t simply spend our way out of Boozman Inhofe Sasse Crapo Merkley Tuberville our military problems, but we can Braun Kennedy Scott (FL) Cruz Moran Van Hollen spend too little to give ourselves a Cotton Lankford Scott (SC) Daines Murkowski Warner Duckworth Murphy Warnock chance. We have seen the high cost of Cramer Lee Shelby Cruz Lummis Sullivan Durbin Murray Warren underinvesting in the military. Under- Ernst Marshall Tillis Feinstein Ossoff Whitehouse funding in the military tempts our ad- Hagerty Menendez Tuberville Fischer Padilla Wyden Gillibrand Paul Young versaries, raises doubts in our allies, NOT VOTING—1 and makes war more, not less, likely. NAYS—8 Graham So we need to make a generational Blackburn Hawley Shelby investment in our defenses so that our (Mr. HEINRICH assumed the Chair.) Ernst Lankford Wicker Hagerty Scott (FL) children and grandchildren don’t have (Ms. SMITH assumed the Chair.) to, and we are not doing that now. The PRESIDING OFFICER (Mr. NOT VOTING—2 We have a lot of impatient people OSSOFF). On this vote, the yeas are 72, Graham Johnson right now who want to vote. the nays are 27. The PRESIDING OFFICER (Mr. I yield the floor. The motion is agreed to. KELLY). On this vote, the yeas are 90, f CLOTURE MOTION the nays are 8. CLOTURE MOTION The motion is agreed to. The PRESIDING OFFICER. Pursuant The PRESIDING OFFICER. The ma- to rule XXII, the Chair lays before the The PRESIDING OFFICER. Pursuant jority leader. Senate the pending cloture motion, to rule XXII, the Chair lays before the UNANIMOUS CONSENT AGREEMENT which the clerk will state. Senate the pending cloture motion, Mr. SCHUMER. Mr. President, I ask The bill clerk read as follows: which the clerk will state. unanimous consent that at a time to be CLOTURE MOTION The senior assistant legislative clerk determined by the majority leader in We, the undersigned Senators, in accord- read as follows: consultation with the Republican lead- ance with the provisions of rule XXII of the CLOTURE MOTION er, the Senate proceed to the imme- Standing Rules of the Senate, do hereby We, the undersigned Senators, in accord- diate consideration of H.R. 1652, which move to bring to a close debate on the nomi- ance with the provisions of rule XXII of the was received from the House and is at nation of Executive Calendar No. 171, J. Nel- Standing Rules of the Senate, do hereby the desk, and that the only amendment lie Liang, of Maryland, to be an Under Sec- move to bring to a close debate on the nomi- retary of the Treasury. in order be the following: Toomey No. nation of Executive Calendar No. 154, Donald 2121; further, that there be 2 hours for Charles E. Schumer, Mazie K. Hirono, Michael Remy, of Louisiana, to be Deputy ´ debate equally divided between the Sheldon Whitehouse, Ben Ray Lujan, Secretary of Veterans Affairs. Jon Ossoff, Tim Kaine, Benjamin L. Charles E. Schumer, Ron Wyden, Mazie leaders or their designees; that upon Cardin, Margaret Wood Hassan, K. Hirono, Sheldon Whitehouse, Ben the use or yielding back of time, the Tammy Duckworth, Patrick J. Leahy, Ray Luja´ n, Jon Ossoff, Tim Kaine, Senate vote in relation to the Toomey Tammy Baldwin, Debbie Stabenow, Benjamin L. Cardin, Margaret Wood amendment; that upon the disposition Amy Klobuchar, Mark R. Warner, Hassan, Tammy Duckworth, Patrick J. of the Toomey amendment, the bill, as Patty Murray, Elizabeth Warren. Leahy, Tammy Baldwin, Debbie Stabe- amended, if amended, be considered The PRESIDING OFFICER. By unan- now, Amy Klobuchar, Mark R. Warner, read a third time; that the Senate vote imous consent, the mandatory quorum Patty Murray, Elizabeth Warren. on passage of the bill, as amended, if call has been waived. The PRESIDING OFFICER. By unan- amended, with a 60 affirmative vote The question is, Is it the sense of the imous consent, the mandatory quorum threshold required for passage; and Senate that debate on the nomination call has been waived. that the motion to reconsider be con- of J. Nellie Liang, of Maryland, to be The question is, Is it the sense of the sidered made and laid upon the table an Under Secretary of the Treasury, Senate that debate on the nomination with no intervening action or debate; shall be brought to a close? of Donald Michael Remy, of Louisiana, finally, that there be 2 minutes of de- The yeas and nays are mandatory to be Deputy Secretary of Veterans Af- bate equally divided prior to each vote under the rule. fairs, shall be brought to a close? in the series. The clerk will call the roll. The yeas and nays are mandatory The PRESIDING OFFICER. Without The bill clerk called the roll. under the rule. objection, it is so ordered. Mr. THUNE. The following Senators The clerk will call the roll. Mr. SCHUMER. I yield the floor. is necessarily absent: the Senator from The senior assistant legislative clerk The PRESIDING OFFICER. The Sen- South Carolina (Mr. GRAHAM). called the roll. ator from New York. The yeas and nays resulted—yeas 72, Mr. THUNE. The following Senators UNANIMOUS CONSENT REQUEST—S. 1520 nays 27, as follows: are necessarily absent: the Senator Mrs. GILLIBRAND. I rise today to [Rollcall Vote No. 262 Ex.] from South Carolina (Mr. GRAHAM) and call for every Senator to have a chance YEAS—72 the Senator from Wisconsin (Mr. JOHN- to consider and cast a vote on the Mili- SON). tary Justice Improvement and Increas- Baldwin Blunt Burr Bennet Booker Cantwell The yeas and nays resulted—yeas 90, ing Prevention Act. This bill would en- Blumenthal Brown Capito nays 8, as follows: sure that people in the military who

VerDate Sep 11 2014 03:35 Jul 15, 2021 Jkt 019060 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 E:\CR\FM\G14JY6.042 S14JYPT1 ctelli on DSK11ZRN23PROD with SENATE July 14, 2021 CONGRESSIONAL RECORD — SENATE S4895 have been subject to sexual assault or tary justice processes are removed from determined by the majority leader in other serious crimes get the justice their control. consultation with the Republican lead- they deserve. There were also questions about er, the Senate Armed Services Com- I know that my colleague from Okla- whether or not these changes were mittee be discharged from further con- homa, the ranking member of the Com- needed for all serious crimes. Admiral sideration of S. 1520 and the Senate mittee on Armed Services, reached out Gilday wrote that he had ‘‘seen no evi- proceed to its consideration; that there to our military chiefs for their dence that there is a lack of trust be 2 hours for debate equally divided in thoughts on this bill. While there was, among victims for all crimes for which the usual form; and that upon the use as Army GEN James McConville wrote, the punishment exceeds one year of or yielding back of that time, the Sen- recognition ‘‘that there are concerns confinement.’’ ate vote on the bill with no intervening with the way our current process pur- There is evidence. The Department of action or debate. sues justice for major crimes,’’ I under- the Air Force inspector general con- The PRESIDING OFFICER. Is there stand that they also have concerns ducted a survey in 2020 which found objection. about this legislation, and I would like that one in three Black servicemem- Mr. REED. Mr. President, I object. to allay those concerns today. bers said they believe the military dis- The PRESIDING OFFICER. The ob- More broadly, the service chiefs’ let- cipline system is biased against them jection is heard. ters all seem to indicate a misunder- and that three in five Black service- f members believe they do not and will standing of how fundamental this EXECUTIVE CALENDAR change would be. Marine Corps Gen. not receive the same benefit of the David Berger, for instance, wrote that doubt as their White peers if they get The PRESIDING OFFICER. The the bill ‘‘appears to create a more com- in trouble. That level of distrust must clerk will report the nomination. plex system that could potentially slow be addressed. The senior assistant legislative clerk General Raymond also suggested a the military justice process.’’ Space read the nomination of Donald Michael more limited reform, writing that be- Force Gen. John Raymond wrote that Remy, of Louisiana, to be Deputy Sec- yond sexual assault, ‘‘the other of- ‘‘the proposed changes add a layer of retary of Veterans Affairs. fenses are not as complex and do not complexity that needs to be fully un- The PRESIDING OFFICER. The Sen- require specialized training.’’ On the derstood.’’ ator from Oregon. contrary. Crimes included in our bill, This bill would streamline, not com- VOTING RIGHTS like murder, manslaughter, fraud, and Mr. MERKLEY. Mr. President, this is plicate, the military justice process. extortion, all present complex cases, The lawyers who would be making a critical time for America. It is a mo- and they deserve to be put in the pur- ment in which the actions we take or these prosecution decisions under our view of trained legal experts. legislation are already working on don’t take will affect the very design of As you know, Mr. President, our bill our government for generations to these very cases. has a bright line at felonies. To be a Navy ADM Michael Gilday expressed come. felony, it has to be a complex crime. Our Founders had a vision that we all concern that ‘‘large scale removal of Our bill does not include mis- commanders’ authority could cause are created equal. In our initial Con- demeanors. stitution, it wasn’t fully manifested, sailors to doubt the capabilities of The service chiefs’ letters also in- but we have worked through several their commanders or to believe that cluded calls to put an emphasis on pre- hundred years to come to that point their commanders operate without the venting, rather than prosecuting, these that we recognize that every American full trust of their superiors.’’ crimes. I, too, would rather see these should be able to participate in the di- That worry is unfounded. Iraq and crimes not happen, which is why this rection of their country. We had some Afghanistan Veterans of America sur- bill includes various provisions on pre- key moments in that national debate. veyed their members—recent vet- vention efforts. But given the current I was always fascinated that when erans—and 77 percent said that moving reality, prevention is not enough. We my father was born in 1919, women a serious crime like sexual assault out must prosecute these serious crimes couldn’t vote in America. We had all of the chain of command would have no and show that there are real con- impact on their view of the com- sequences for anyone who commits kinds of other barriers for communities mander’s authority. Nearly 1 in 10 said them. Doing so not only changes the of color—for Black Americans, for Na- that the change would lead them to culture, it will remove recidivists from tive Americans—and those barriers we view their commander as more of an the ranks, preventing them from com- struck down time after time after authority figure. mitting more crimes. time. I would point out that the IRC Chair- Right now, there is a deep lack of Then we came to 1965, and we said woman, Lynn Rosenthal, said: trust in the current system and wheth- there are still so many ways that com- munities are trying to keep every cit- The IRC rejects the motion that, by mov- er or not it can or will deliver justice. ing legal decisions about prosecution from That is detrimental to our armed serv- izen from participating in voting, and the command structure, that commanders ices. As General Raymond wrote, we are going to make sure that ends would have no role. It’s simply not the case. ‘‘Lack of trust and reluctance to seek from this point forward. Commanders are responsible for the climates justice are, in themselves, readiness President Johnson said that the they create. They’re responsible for working issues.’’ power of the vote is the most signifi- to prevent sexual assault and sexual harass- I remind my colleagues that our job cant tool ever developed to strike down ment, and they’re responsible for making is to provide oversight and account- injustice. It is a powerful tool. It is sure that victims are protected when they ability over the executive branch, in- really the beating heart of our Repub- come forward to report. So, the idea that lic, that ballot box, the ability to say: they won’t have an interest in solving this cluding the armed services, and to en- problem if they are not making those tech- sure that those who serve our country This is what I like, and this is what I nical legal decisions, we think, is simply in uniform are being well served by don’t like. This is who I like, and this false. their government. is who I don’t think will carry the poli- I trust that our commanders will be As Berger noted, if the Uniform Code cies I believe in. able to maintain their authority and of Military Justice does not adequately At its heart, this is a vision of power maintain their investment in the wel- ‘‘promote justice’’ or ‘‘assist in main- flowing up from the people, not down fare of the troops without being re- taining good order and discipline,’’ from the powerful, but here is the prob- sponsible for deciding these serious then it must change. The current sys- lem: The powerful don’t like that vi- crimes. tem does not adequately promote jus- sion of America, so they have many, General Berger put it well. He wrote: tice, and it must change. It is our duty many strategies designed to try to override that founding vision of par- I expect commanders to always bear re- and our obligation to do the work to sponsibility for their Marines; changes like change it, and this body and every Sen- ticipation. They have legions of law- those in this bill will never relieve com- ator in it deserves to have a vote. yers, and they have legions of lobby- manders of their duty to care for and lead As if in legislative session, I ask ists. There are three drug lobbyists for their Marines, including when certain mili- unanimous consent that at a time to be every single Member of Congress. They

VerDate Sep 11 2014 03:35 Jul 15, 2021 Jkt 019060 PO 00000 Frm 00025 Fmt 0637 Sfmt 0634 E:\CR\FM\G14JY6.050 S14JYPT1 ctelli on DSK11ZRN23PROD with SENATE