June 22, 2021 CONGRESSIONAL RECORD — SENATE S4671 NAYS—45 NAYS—50 There appears to be a sufficient sec- Barrasso Hagerty Risch Barrasso Graham Portman ond. Blackburn Hawley Romney Blackburn Grassley Risch The clerk will call the roll. Boozman Hoeven Rounds Blunt Hagerty Romney The senior assistant legislative clerk Braun Hyde-Smith Rubio Boozman Hawley Rounds called the roll. Capito Inhofe Sasse Braun Hoeven Rubio Cassidy Johnson Scott (FL) Burr Hyde-Smith Sasse (Mr. KELLY assumed the Chair.) Cotton Kennedy Scott (SC) Capito Inhofe Scott (FL) (Mr. MURPHY assumed the Chair.) Cramer Lankford Shelby Cassidy Johnson Scott (SC) The result was announced—yeas 50, Crapo Lee Sullivan Collins Kennedy Shelby Cruz Lummis Thune Cornyn Lankford nays 50, as follows: Sullivan Daines Marshall Tillis Cotton Lee [Rollcall Vote No. 245 Ex.] Thune Ernst McConnell Toomey Cramer Lummis YEAS—50 Fischer Moran Tuberville Crapo Marshall Tillis Graham Paul Wicker Cruz McConnell Toomey Baldwin Hickenlooper Reed Grassley Portman Young Daines Moran Tuberville Bennet Hirono Rosen Ernst Murkowski Wicker Blumenthal Kaine Sanders The nomination was confirmed. Fischer Paul Young Booker Kelly Schatz The PRESIDING OFFICER (Mr. Brown King The VICE PRESIDENT. On this vote, Schumer LUJA´ N). Under the previous order, the Cantwell Klobuchar Shaheen the yeas are 50, the nays are 50. The Cardin Leahy Sinema motion to reconsider is considered ´ Senate being evenly divided, the Vice Carper Lujan Smith made and laid upon the table, and the Casey Manchin Stabenow President votes in the affirmative. Coons Markey President will be immediately notified Tester The motion is agreed to. Cortez Masto Menendez Van Hollen of the Senate’s action. Duckworth Merkley f Durbin Murphy Warner f Feinstein Murray Warnock EXECUTIVE CALENDAR Gillibrand Ossoff Warren CLOTURE MOTION The VICE PRESIDENT. The clerk Hassan Padilla Whitehouse Heinrich Peters Wyden The PRESIDING OFFICER. Pursuant will report the nomination. to rule XXII, the Chair lays before the The senior assistant bill clerk read NAYS—50 Senate the pending cloture motion, the nomination of Kiran Arjandas Barrasso Graham Portman which the clerk will state. Ahuja, of Massachusetts, to be Director Blackburn Grassley Risch of the Office of Personnel Management Blunt Hagerty Romney The bill clerk read as follows: Boozman Hawley Rounds CLOTURE MOTION for a term of four years. Braun Hoeven Rubio f Burr Hyde-Smith Sasse We, the undersigned Senators, in accord- Capito Inhofe ance with the provisions of rule XXII of the Scott (FL) RECESS Cassidy Johnson Scott (SC) Collins Kennedy Standing Rules of the Senate, do hereby Shelby Cornyn Lankford move to bring to a close debate on the nomi- The VICE PRESIDENT. The Senate Sullivan Cotton Lee nation of Executive Calendar No. 107, Kiran stands in recess until 2:15 p.m. Thune Arjandas Ahuja, of Massachusetts, to be Di- Cramer Lummis Thereupon, the Senate, at 1:38 p.m., Crapo Marshall Tillis rector of the Office of Personnel Manage- recessed until 2:15 p.m. and reassem- Cruz McConnell Toomey ment for a term of four years. bled when called to order by the Pre- Daines Moran Tuberville Charles E. Schumer, Gary C. Peters, Ernst Murkowski Wicker , , siding Officer (Ms. CORTEZ MASTO). Fischer Paul Young , Richard J. Durbin, f The VICE PRESIDENT. On this vote, , Kirsten E. Gilli- brand, , Martin Hein- EXECUTIVE CALENDAR—Continued the yeas are 50, the nays are 50. The Senate being equally and evenly di- rich, , Christopher The PRESIDING OFFICER. The Sen- vided, the Vice President votes in the Murphy, , Bernard ator from Michigan. Sanders, , , affirmative, and the nomination is con- Margaret Hassan. NOMINATION OF KIRAN ARJANDAS AHUJA firmed. The PRESIDING OFFICER. By unan- Mr. PETERS. Madam President, I The nomination was confirmed. imous consent, the mandatory quorum rise in support of Kiran Ahuja and her The VICE PRESIDENT. Under the call has been waived. nomination to be the Director of the previous order, the motion to recon- The question is, Is it the sense of the Office of Personnel Management, or sider is considered made and laid upon Senate that the nomination of Kiran the OPM. OPM needs an experienced, the table, and the President will imme- Arjandas Ahuja, of Massachusetts, to qualified leader who is committed to diately be notified of the Senate’s ac- be Director of the Office of Personnel the Federal workforce and is invested tion. in their future. Management for a term of four years, f Ms. Ahuja is that leader. She under- shall be brought to a close? LEGISLATIVE SESSION The yeas and nays are mandatory stands the unique challenges facing under the rule. OPM, and she has the management ex- --- perience and vision needed to restore The clerk will call the roll. OF 2021— and strengthen the workforce. I am The senior assistant bill clerk called MOTION TO PROCEED the roll. confident that Ms. Ahuja is the right person to lead OPM at this pivotal The VICE PRESIDENT. Under the The yeas and nays resulted—yeas 50, previous order, the Senate will proceed nays 50, as follows: time. I urge my colleagues to join me in supporting the confirmation of to legislative session to resume consid- [Rollcall Vote No. 244 Ex.] Kiran Ahuja for Director of OPM. eration of the motion to proceed to S. YEAS—50 VOTE ON AHUJA NOMINATION 2093, which the clerk will report. The senior assistant legislative clerk Baldwin Hickenlooper Reed Madam President, I ask unanimous Bennet Hirono Rosen read as follows: Blumenthal Kaine consent that the vote scheduled to Sanders Motion to proceed to Calendar No. 77, S. Booker Kelly Schatz occur at 2:30 would occur immediately. 2093, a bill to expand Americans’ access to Brown King Schumer The PRESIDING OFFICER. Is there Cantwell Klobuchar the box, reduce the influence of big Shaheen objection? Cardin Leahy Sinema money in politics, strengthen ethics rules for ´ Carper Lujan Smith Without objection, it is so ordered. public servants, and implement other anti- Casey Manchin Stabenow The question is, Will the Senate ad- corruption measures for the purpose of for- Coons Markey Tester tifying our democracy, and for other pur- Cortez Masto Menendez vise and consent to the Ahuja nomina- Van Hollen Duckworth Merkley tion? poses. Durbin Murphy Warner Mr. PETERS. I ask for the yeas and The VICE PRESIDENT. Under the Warnock Feinstein Murray nays. previous order, the time until 5:30 p.m. Gillibrand Ossoff Warren Hassan Padilla Whitehouse The PRESIDING OFFICER. Is there a is equally divided between the two Heinrich Peters Wyden sufficient second? leaders or their designees.

VerDate Sep 11 2014 03:54 Jun 23, 2021 Jkt 019060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\A22JN6.001 S22JNPT1 dlhill on DSK120RN23PROD with SENATE S4672 CONGRESSIONAL RECORD — SENATE June 22, 2021 The Senator from Michigan. people about their concerns, and we back. It includes disclosure require- Ms. STABENOW. I rise today to en- worked hard to gain people’s support ments so that citizens have a right to courage all of my colleagues to support for the next election. That is what you know who is giving them money, who the motion to proceed that is in front usually do, rather than trying to stop is behind those donations. of us. people from voting. It reforms the Federal Election Com- We might disagree about the under- We did that hard work in Michigan, mission so they can better enforce the lying bill. In fact, we do disagree. Re- and you know what, we won the next election laws already on the books, and publicans and Democrats disagree election. In 2020, in the middle of a pan- it takes steps to protect our elections about the underlying bill, but that fact demic, more people in Michigan voted from foreign influence. shouldn’t prevent us from even having than ever before, 5.5 million of us. And I, for one, think these are essential a discussion about the bill and about Michigan voters clearly and resound- to our democracy. I know my Senate the issue. It is what we were sent here ingly chose to be our next Democratic colleagues feel the same. to do, to talk about the important President and to be However, Senate Republican colleagues issues that face the American people. our next Vice President of the United disagree. I can’t think of anything more im- States and the President of the Senate. So let’s pass this motion to proceed portant, anything more fundamental to They won by more than 150,000 votes. so we can talk about it, so we can have our democracy than the freedom to That is 14 times ’s mar- a debate about it. Michigan voters vote. That is what we are talking gin in 2016. made their voices heard. The American about, the freedom to vote. We are sent But what did the Trump campaign people made their voices heard in the here to make our best arguments, to do? Well, their campaign—his allies election. We need to be debating this try to persuade Members who don’t see filed eight lawsuits in our State, lost issue and making sure that our voices the issue in the same way that we do, every one. And in the only case that are being heard across the country. and in the end, to vote on important was appealed to the Michigan Supreme I yield the floor. legislation like the bill that is in front Court, the court declined to hear the I suggest the absence of a quorum. of us to protect our freedom to vote as case, despite having a majority of Re- The VICE PRESIDENT. The clerk Americans. publican justices. Republicans know will call the roll. I want to thank Senator MANCHIN for that Michigan’s election was fair, the The legislative clerk proceeded to being willing to engage in this process results were accurate, and Joe Biden call the roll. in good faith and for his hard work on and KAMALA HARRIS won our State. Ms. MURKOWSKI. Madam President, the issue. I have to wonder why my Re- The people of Michigan voted. Michi- I ask unanimous consent that the order publican colleagues won’t do the same. gan counties verified it. Our State cer- for the quorum call be rescinded. What are they so afraid of? It is hard to tified it. There was no evidence of The VICE PRESIDENT. Without ob- believe that they are afraid of even fraud that would begin to suggest that jection, it is so ordered. having the debate—even having the de- we need legislation like what Michigan Ms. MURKOWSKI. Madam President, bate. Are they afraid that if the Amer- Republicans are pushing. The Repub- this afternoon, we will have before us, ican people hear both sides, the Amer- licans just didn’t like who as Members of the Senate, legislation ican people will figure out what they Michiganders voted for. That is the that is entitled the For the People Act. are trying to do? After all, the aim of same thing that is happening here. Re- Before I speak to the For the People the For the People Act is simply to publican colleagues don’t like being in Act, S. 1, I want to make clear to col- protect Americans’ freedom to vote the minority. They don’t like who peo- leagues that I have been keenly fo- and ensure their voices are heard. ple voted for. Well, you have a choice. cused, interested in ensuring that when Sadly, these rights are under attack You could work hard, try to gain peo- we have elections in this country, that all across the country, including Michi- ple’s trust, try to do things for people, they are free, they are fair and they gan. State lawmakers have introduced win the next election, or you can try to are accessible to all, that barriers to at least 389 bills to make it harder to take away their freedom to vote. voting should be placed on the side- vote in 48 States. In 2021, at least 14 I mean, think about it. Think about lines. States have enacted 22 new laws to the fact, in Michigan, Republicans For the past three sessions of Con- take away people’s freedom to vote. It didn’t like who we voted for, so they gress now, I have been the only Repub- is clear this is part of a coordinated, are coming after the voters. They are lican cosponsor of the Voting Rights nationwide assault on a fundamental coming after the voters. We know this Advancement Act. This was a measure right that my friend, the late Congress- is happening all across the country. It that in prior Congresses was led by man , called ‘‘precious, al- is wrong. It is un-American, frankly. Senator LEAHY, and I was pleased to be most sacred.’’ And that is why we need this legisla- able to join him as a cosponsor. That Right now in Michigan, Republicans tion, to protect our freedom to vote measure has now been introduced on in the legislature are trying to push and to stop billionaires from buying the House side as the John Lewis Vot- through a package of bills that will elections. ing Rights Act, a measure to basically make it much harder for people to We are committed to making sure reestablish the preclearance system, vote. people have their freedoms protected, which was in place until 2013, and then Some analysts have even described and we are committed to making sure it was pretty much upended with the the bills as being worse than the ones that billionaires are not buying our Supreme Court ruling in Shelby. in , except we aren’t watching elections as well. We want to end the I certainly and absolutely intend to them try to criminalize water. partisan that makes cosponsor that measure again under its Why are they doing this in Michigan? people’s votes count—some count more new name, the John Lewis Voting Well, let me go back again. Michigan is than others—or rig the system. And we Rights Act. I will work with Senator traditionally a tickets-winning State, are committed to making sure that the LEAHY, I will work with Senator what you would call a purple State. In wealthiest people in the country are MANCHIN—I will work with anybody on 2010, Michigan elected a Republican not buying elections. this initiative to help update this for- Governor. Two years later, Michigan Why is this important? We have seen mula to ensure that we do have just ex- helped give President a how so-called dark money groups that actly that, access to voting that is second term. Two years later, we re- don’t have to report anything, funded equal, that is fair, that is free from dis- elected the Republican Governor, and 2 by a handful of billionaire donors, pour crimination. years later, Michigan supported Donald unlimited amounts of money into our I note at the outset of my comments Trump by the narrowest margin of any elections in an attempt to influence this morning the support for that legis- State, just over 10,000 votes. the outcome. It is easy to understand lation so that, again, folks understand After that election, Democrats did why the average voter might feel their that I fully understand that access to not start a massive effort to take away voice isn’t being heard. the ballot in this country is not perfect people’s freedom to vote. We got to The For the People Act takes the and, again, that I have stood behind work. We organized. We listened to crucial steps to give voters their voices legislation to ensure that our elections

VerDate Sep 11 2014 03:54 Jun 23, 2021 Jkt 019060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JN6.021 S22JNPT1 dlhill on DSK120RN23PROD with SENATE June 22, 2021 CONGRESSIONAL RECORD — SENATE S4673 are fair. We have come a long way. We prescriptives or mandates of uni- we think we have been doing a pretty have come a long way, but I think we formity. fair job as to how we run our elections. all recognize that there is a long path So in walking through some of the I think it is reasonable that we be al- ahead of us. concerns that I have—I mentioned lowed to establish So let me turn to S. 1, the For the making voter registration easier. Well, deadlines that work for the administra- People Act. My fear is that this meas- the For the People Act mandates auto- tors in their respective States. ure does not move us further down the matic voter registration. OK. Maybe a I know some people are surprised, but path. If you look at the bill, it is whol- good idea. In Alaska, what we have put the fact is, we don’t know everything ly partisan. Unlike the John Lewis in place is that Alaskans are automati- best back here in terms of how to im- Voting Rights Act, which is very nar- cally registered—unless they specifi- plement or how States should be imple- rowly focused on voting rights, S. 1 has cally opt out, they are automatically menting. States should have the lati- been described as sprawling. It has registered to vote when they sign up tude to implement a registration sys- been described as ambitious, which is for their Permanent Fund dividend. tem that works with the State’s geog- fair. Ambitious is not a bad thing, but This is obviously very exclusive and raphy, with their IT infrastructure, it is clearly, clearly very broad, and it unique to one State and one State and with their election funding and certainly contains some noteworthy alone. But under this measure that we other limitations they may have. goals, but I fear that there are provi- have in front of us, it would require Forcing States to allow ballot har- sions contained within S. 1 that take it State election officials to automati- vesting—this is another area I have a too far or that I think are bad policy or cally register any eligible unregistered problem with. This practice involves that I simply think are beyond the citizens. paid campaign operatives going out, power of Congress to regulate. So I am looking at that and I am say- collecting , and returning them My concern, and I shared this with ing: All right, well, if we allow for to be counted. I don’t know. I look at many, is that the bill that we have in automatic registration on the PFD— this one and see so many ways in which front of us is not so much about voting there are a lot of Alaskans, believe it this can be abused and exploited. rights as it is a Federal takeover of the or not, who do not sign up for the PFD If a State wants to permit this prac- election system—and a partisan Fed- or are not eligible for the PFD. So is tice with certain parameters that the eral takeover of the election system. the State going to have to have two State thinks would prevent abuses, The way the bill is being advertised— different systems here in terms of how that is fine, but not all States should that somehow or another, we can’t we meet this mandate? be forced to do so by the Federal Gov- count on States to do elections right or I am looking at it and saying: Well, ernment and be made subject to DC’s fairly—is a premise that I have a prob- that is a fair amount of Federal micro- idea of what actually works here. lem with. I come from a State where management here. If the State wants Maintaining voter rolls. I think we we were under preclearance for a long to implement an automatic system, it all want to make sure that voting rolls period of time. We recognize that. We should do so, as Alaska did, but with- are current or accurate, but the provi- had a history that was not one that I out the threat of the Federal Govern- sions in S. 1 really go very far. The bill think we were proud of in terms of en- ment looming behind them, making would require States to secure ‘‘objec- suring that there was fair and open, sure the i’s are dotted and the t’s are tive and reliable evidence.’’ This is a equal access to all. But what we have crossed in precisely the way the Elec- term that is not actually defined in the seen in the State and how we have tion Assistance Commission thinks bill, and they have to be able to estab- worked through that process that was they should be. I don’t think we want lish that before removing a voter. What in place some years back is that we to make the administration of elec- is not considered objective and reliable have come to this place where we can— tions involve even more burdensome ef- is a failure to vote or the failure of a we have demonstrated that we can run forts or more cost. It is something that voter to respond to a notice sent by the a proper and an honest election. We you look at and say: Let’s make sure State informing the voter that they have proven this time and again. we can allow for easier registration, have been removed. So you are going to Much of my concern about what we but let’s not impose burdensome man- have a situation here where this unde- have in front of us is that when you na- dates. fined term will result in people who tionalize something, when you have requirements is another have long since left the jurisdiction ac- kind of a Federal overall oversight, it issue. The bill requires at least 15 days tually remaining on the voter rolls. ends up being a one-size-fits-all man- of early voting. This is something, Then there is the issue of restruc- date coming out of Washington, DC, again, in Alaska that we already do. It turing the Federal Election Commis- and in many cases doesn’t work in a works great, but it also requires that sion. From its very inception, this was place like Alaska. each polling place must be open for at designed to be—this was meant to be a There are certain aspects of S. 1 that least 10 hours a day. So we are basi- body that was bipartisan to specifically I absolutely do support. Early voting. cally back here in Washington, DC, ensure that no political party would We shouldn’t be limited to just the day telling us in Alaska that you have to grant its candidates an unfair advan- of the election. I think we recognize have your polling place open for 10 tage in elections. So you have got a re- that. What we can do to ensure that hours a day. structuring that is proposed here that I early voting is there I think is impor- Think about this in the context of a think presents a flaw. It would reduce tant to us. small community. I will take a super the number of seats on the FEC from I come from a State where, if you small community, Arctic Village. six to five, two members each from the want to vote absentee, there is no ex- About 150 people total live there in the two major political parties and one os- cuse required. You can just vote absen- village—not 150 voters but 150 people tensibly Independent. So what this tee because it is more convenient to total. It wouldn’t make sense. It could mean is that a President could you. I will tell you, I was really sur- wouldn’t make sense for the State to simply find someone who would vote in prised to find out how many States do maintain poll workers for at least 10 his or her favor each time but who not allow for that. I think that is hours per day, for at least 15 days, in a never registered as a member of a par- something we need to address. I am in community like Arctic Village. The ticular political party. support of that. whole town can practically vote in an This newly partisan FEC would also I think we need to be doing more hour. But that is not the point here. be given the responsibility of handing when it comes to ease of voter registra- The point is, you are imposing a Fed- out loads of cash from the public cof- tion. Again, in the State of Alaska, we eral mandate in a one-size-fits-all ap- fers. I take issue with this, and I think have put in place ways to make it easi- proach that just might not fit well that you have a fair amount of folks in er for folks to register. But, again, I there. my State and across the country who am looking at what we have done in One provision in the bill that I have do take issue with that as well in Alaska, proud of some of the measures some significant concerns about is re- terms of public funding. we have put in place, but I recognize quiring same-day voter registration S. 1 creates a new structure of public that we did this without DC across the country. Again, in Alaska, financing of campaigns that matches

VerDate Sep 11 2014 03:54 Jun 23, 2021 Jkt 019060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JN6.035 S22JNPT1 dlhill on DSK120RN23PROD with SENATE S4674 CONGRESSIONAL RECORD — SENATE June 22, 2021 small dollar donations on a 6-to-1 basis. I mentioned my concern about one- So I just want to say thank you for So I look at that, and, again, I have size-fits-all. That is challenging. We that. And we have got to keep working concerns about why anyone thinks it is are a pretty amazing 50 States, but we on it, and I agree that it ought to be a good idea to have even more money are all a little bit unique. But how extended for years and years and years. in politics. But it is easy to me to see States have leeway or latitude in de- For me, that means permanent. We are how this could be exploited by a par- termining what works I think is impor- going to keep trying to do that, so tisan board holding the purse strings tant. thank you. here. So, again, I look at that as a par- So I recognize that we are at a place And thank you for leading on the ticular example of, what are we doing and a time when credibility and faith issues that we are here to talk about with this in this voting rights bill? in our institutions are at a really weak today because this is the moment that I mentioned in my introduction here moment, a very weak moment, and so we are challenged in ways that we have that I feel that you have many provi- when we think about the things that never been challenged before. sions in this measure that are likely are core to our institutions, one of Five months ago—a violent mob unconstitutional. To start, while Con- those fundamentals is the fairness of stormed this floor 5 months ago trying gress has broad authority to regulate our elections and also ensuring that we to stop the peaceful transfer of power the times, places, and manner of con- are taking an approach in this Nation from one administration to the next. gressional elections, our powers are where all people feel that the election And they took us out of this room, and much more limited in how a State process is for them as equal and fair as they took us to one of the Senate office chooses to appoint electors to the elec- it is for their neighbor down the street buildings. And I was watching the tele- toral college. There, we may only de- or their fellow American all the way vision as I was there, and all I could termine the time of choosing electors across the country. How we are able to think about was what is the rest of the and the day on which they should give deliver on this promise is something world thinking about when our Capitol their vote. So every provision that pur- that we need to continue to strive to- is being stormed by a violent mob of portedly changes State laws regarding ward. our own citizens—by a violent mob of how a State chooses its electors could So I am going to continue to work on our own citizens—and not just what face significant and I think justified voting rights reform. I am going to be our adversaries are thinking, not what challenges in court. doing that through the template of the is Russia thinking, what is China using There are numerous provisions that John Lewis Voting Rights Act. Ameri- with this footage, what are the Ira- try to criminalize speech that is al- cans need to have faith in our institu- nians going to do with this footage, but most certainly protected. Even the tions. They need to know that our elec- what are people like my mom and her ACLU opposed several parts of this bill tions are fair; that they are easy and parents who were Polish Jews who sur- on the grounds that it would unconsti- accessible for all; and we can’t instill vived the Holocaust and, after making tutionally limit the speech of citizens that trust with a wholly partisan ef- it through one of the worst moments in as well as compel speech, neither of fort. We have got some work to do. We human history, were able to rebuild which is acceptable. Just 2 years ago, have got a lot of work to do, and it is their shattered lives in this country, in the Fourth Circuit invalidated a law important work. the of America? that was nearly identical to a provision I yield the floor. And to think about similarly situ- that is contained in this bill. The VICE PRESIDENT. The Senator ated people all over the planet for Another issue is the issue of tax re- from Colorado. whom this is the greatest hope still for turns and whether or not Congress can Mr. BENNET. Madam President, freedom and for liberty, for democracy mandate candidates for President to when I got up this morning, the fur- itself—that is what is at stake, as least release their tax returns. I think it is thest thing from my mind was that I as far as I am concerned in this debate. only reasonable that they should do so, was going to have a chance to see you And I know the President under- but the concern that I have is, the Con- today. And since I am seeing you stands this well, and I hope others un- stitution is really pretty clear in out- today, I want to say thank you. I want derstand this well; that even before lining the requirements to be Presi- to say thank you for your role in this January 6, our democracy was under dent, and releasing tax documents is administration and in leading the attack. It was under attack as a result not one of those. So it just kind of pre- Biden administration to make a pro- of gerrymandering. It was under attack sents a challenge there. Can we direct posal that was passed in the American because of the way special interests that? There is an issue. Requiring States to create redis- recovery plan that is going to cut controlled the agenda on this floor and tricting commissions may also be un- childhood poverty in this country al- down the hall. It was under attack be- constitutional since Congress cannot most in half this year. cause of voter suppression that nobody And what people should know is not coerce or commandeer the mechanisms in the 21st century imagined we would of State government. Congress also only that the President—the President ever see in our country again, not to likely doesn’t have the authority to re- sitting here—led that effort at the mention the fact of Citizens United, quire States to permit convicted felons , but she led it from the which unleashed the floodgate of to vote or the ability to impose an eth- very beginning. She was one of the money, of billionaires, to control our ics code on the Justices of the Supreme original sponsors of that legislation. political system. Court. And even though the President’s budg- This is an effort to separate the So while these may be good ideas, is et has said we ought to make it—ex- American people from their exercise in the constitutional authority there? I tend it to 2025, I just want to let you self-government. It is an effort to de- think there is a real question to that. know that we are still fighting here to stroy the American people’s confidence So my concern—and I am coming to make it permanent, and I think we in their exercise in self-government. the end of my comments here—my con- should make it permanent. And making it harder for people to cern about this measure is that while We have already had—this is why I vote is a huge piece of this puzzle. the title is strong, ‘‘For the People,’’ I am here today. But we have already Now, this isn’t the first time in our am not certain that this measure will had tell us that history that we have been confronted do what those who have hoped that it there is going to be an eight times an- by this kind of stuff. I have said before, would do will do—it will make admin- nual return on the investment that we and it is absolutely true, that you go istering elections more difficult, more make as part of the recovery because back to the founding of this country. It expensive, and subject to Federal instead of mitigating for the problem is a story of, on the one hand, the high- micromanagement. of kids in poverty, we will actually be est ideals that have ever been written Again, I mentioned the issue of ques- eliminating poverty for almost half the down by human beings and the worst tions of constitutionality and whether kids in this country—for millions of instincts that have ever been conjured aspects of it will be thrown out. Pass- American children. And not only that, by human beings. In our case, that was ing this into law could result in messy over 90 percent of American kids are enslaving other human beings. litigation that leaves the state of elec- going to benefit from this Biden-Harris And our history is a story of that tion law uncertain for years to come. tax cut that is in this package. battle between those highest ideals and

VerDate Sep 11 2014 03:54 Jun 23, 2021 Jkt 019060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JN6.037 S22JNPT1 dlhill on DSK120RN23PROD with SENATE June 22, 2021 CONGRESSIONAL RECORD — SENATE S4675 those worst instincts. And every single I mention that, I realize, because of the that way several times. We had people time Americans have stepped up and President’s leadership and President say that it was just an egregious impo- they found a way to make our country Biden’s leadership, we have actually al- sition to note a 10 or 12 character driv- more democratic, more fair, and more ready started to do that because we cut er’s license or government ID number free—small ‘‘d’’, democratic—and that taxes now for the vast majority of on the affidavit. That is all it is. You is what we have to do again. That is Americans because of the work that don’t have to send a copy of it. You our job now because, today, in ways they have led. just simply have to write a number that were unimaginable to me when I We can change the destiny of Amer- down. was in college, except when I read it in ica. That is what we can do. And that So if you have an ink pen—I guess the history books, anti-democratic is what this exercise in self-govern- you could argue if you don’t have a forces are stronger than anytime since ment is about. We can show that we writing instrument, then maybe that is Jim Crow. And it is true. That is a fact. can compete with the Communist Gov- an overreach or an imposition on a What I was reading back in the 1980s ernment in China and send a signal to voter. I don’t think it is. And even in about laws that had been fought people like my grandparents all across the Georgia law that has been casti- against in the 1960s, they are back in the world that American democracy is gated by some of my friends on the 2020. If you think I am exaggerating, stronger than ever and that they other side of aisle, they even provide here are some examples. In Georgia, should trust it; they can count on it for people who want to vote, who may there are bills to undermine non- and maybe get a piece of it for them- not have a government-issued ID, other partisan election officials so that poli- selves; that we remain a beacon of free- documents that can be used in their ticians can overturn outcomes they dom and self-government and that we place. don’t like; in Arizona, the same kind of remain committed not to our worst in- We talked about hundreds of bills thing, a partisan election audit; in stincts but to our highest ideals. that have been filed by Republican leg- Florida, a bill to restrict vote by mail; I would encourage my colleagues on islators without a single Democratic State legislators attempting to give both sides of the aisle to support this vote that are like the Georgia bill that themselves the power to toss out an legislation. And with that, I thank my I just described, which I think is argu- election, as I said, that they don’t like. colleague from North Carolina for his ably a fair bill. But most of these bills These are laws all across the country. indulgence. are things that Democrats and Repub- There are 250 or so of these laws that I yield the floor. licans should be able to agree on. You are being passed. The VICE PRESIDENT. The Senator should cleanse your voter rolls. You And, by the way, not a single one of from North Carolina. should make sure that people who have those is being passed with a Demo- Mr. TILLIS. Madam President, wel- died and people who could be registered cratic vote—a vote from a Democrat— come back, and thank you for giving in one or more States are cleared from in 250 legislatures. And you know what me an opportunity to talk about the the voter rolls just to prevent fraud else doesn’t exist in any one of those bill that we will have before us in and abuse, not necessarily perpetrated legislatures? The does not about an hour and a half. by any one party but just because the exist in any one of those legislatures. I have to stand here and rise in oppo- data could be out of date. We need to stand up for our democracy, sition to the For the People Act. I And, you know, back on voter ID, I and that is why we need to pass the For think you could appropriately title it find it remarkable that we have a the People Act. the ‘‘Fool the People Act.’’ We are measure before us that we are going to The bill includes commonsense re- going to be voting on it later today, be voting on today, a simple ID re- forms that are broadly supported by but it would dramatically alter elec- quirement that 80 percent of Ameri- the American people. I know—we know tion laws across our country. cans just this week in a poll said they these reforms work because they have I have been in the Senate for 61⁄2 think is reasonable. Now, you have to worked in Colorado, where we banned years, and this ranks up there as one of also understand that we make accom- gerrymandering. We have automatic the worst bills that I have seen come modations. If you don’t have an ID in voter registration. We have early vot- before this body. I know my friends on North Carolina, we moved heaven and ing. We have vote-by-mail. We have in- the other side of aisle like to talk Earth to make sure—you need a gov- creased election security. This is all about it as being essential for pro- ernment-issued ID, I believe, to be able nonpartisan. This is all common sense. tecting democracy, but in the face of to move through society, to get a hotel This was done by—this wasn’t done text that could be patently unconstitu- room, and to get on an airplane. I had by Democrats. It was done by Repub- tional and taking away the rights of to provide—I had surgery a couple of licans and Democrats working to- States to administer their elections, I months ago. I had to present an ID to gether. What is the result? We have the find it hard to believe that it is any- get admitted into the hospital. I think second highest voter turnout rate in thing but a motivated attempt to fed- we are disenfranchising people from the country—72 percent. I am so sick eralize the Nation’s election system. the rest of society by not at least mak- and tired of saying that. I want us to The For the People Act would ing sure that they can identify who be No. 1 so that I don’t have to hear achieve it through a number of, I they are. There is no argument. You from Senator KLOBUCHAR how Min- think, overreaches. I am only going to can’t get on a plane without an ID. You nesota is No. 1. I come here, and I have talk about a few. can’t travel internationally without an to say we are No. 2. That is not good For one, voter ID. The For the People ID. You can’t get healthcare without enough. We need to be No. 1. Act would essentially render null voter an ID. But for some reason, to do some- But if we had this across the country, ID laws across this country. Instead of thing, to exercise our right and our the agenda in Washington would look an ID, which most of us have, and vir- privilege to vote, we think that we more like what the American people tually, I think, every citizen should don’t need an ID. actually sent us here to do. So this have, you would simply just sign an af- I also worry about a provision in this isn’t just about voting rights, although fidavit to say you are who you say you bill that would allow nationwide ballot that is very, very important. It is not are. I heard the Georgia law, for exam- harvesting. There are only a couple of just about elections. That is very im- ple, brought up as providing egregious States that allow ballot harvesting. portant. But we could finally, prob- limits or obstacles to proving who you What does that mean? You have a ably, create universal healthcare in say you are. worker coming up, going door to door, this country, improve our schools, In a hearing a month or so ago, we and encouraging somebody to vote. It make sure that we had an economy had an official from Georgia in a Judi- may be somebody who doesn’t want to that when it grew, it grew for every- ciary Committee, and I said: Could you vote. But now, you are up there to cap- body, not just the top 10 percent. We explain to me what the challenge is? So ture their ballots and bring bunches of would probably stop spending our time if somebody gets an absentee ballot ballots to the polls. cutting taxes for the wealthiest Ameri- like you do in North Carolina—we have Ballot harvesting is legal in some cans when our income inequality has no-excuse absentee balloting. We have States—I know California. It is not never been higher. Although, now that had it for years. I supported it. I voted legal in our State. In fact, there was a

VerDate Sep 11 2014 03:54 Jun 23, 2021 Jkt 019060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JN6.038 S22JNPT1 dlhill on DSK120RN23PROD with SENATE S4676 CONGRESSIONAL RECORD — SENATE June 22, 2021 Republican candidate who ultimately sioned. Can we improve our election But this partisan bill claims Wash- withdrew himself after winning a race processes across this country? Yes, but ington, DC, somehow knows better. S. 1 after there were a couple hundreds bal- I would prefer to have the 50 labora- strips the power from accountable, lots that were supposedly harvested. I tories of democracy figure out how to democratically elected State rep- don’t think he knew about it, but there improve it and have other States im- resentatives in my State and around was a campaign operative that did it, plement it, perhaps even other States the country to determine congressional and it cost him an election. in the northeast that have far fewer districts and hands that over to a Fed- I will tell you one thing that I really voting days than we do in North Caro- eral panel, again, staffed by unelected, do believe, that if the Founding Fa- lina. They could learn from that. unaccountable third parties and a com- thers were here in this Chamber today, Maybe we should create standards puter program. Again, I think it should they would really be scratching their and incentives for that sort of stuff, be something that is part of what elec- heads, and it is the idea of taxpayer- but not a Federal takeover of the state tion representatives are held to ac- funded elections. Make no mistake of the elections in this country. And count for, is how we draw our congres- about it, Federal, State, and local dol- for that reason, I will be opposing the sional districts. lars are used to make sure that we For the People Act. It mandates the controversial prac- have election machines, that we have Thank you. tice of ballot harvesting. I don’t like poll workers, that we have access. We The PRESIDING OFFICER (Mr. MUR- ballot harvesting. I think it makes it can always improve access to the polls, PHY). The Senator from Ohio. easier for partisan operatives on both but in this bill, they are saying, and Mr. PORTMAN. Mr. President, I the right and the left to conduct out- people in North Carolina—if you were thank my colleague from North Caro- right voter fraud. paying attention last year, my race lina for his thoughts. It would force taxpayers to fund the was, all in with me and my opponent, We are on the cusp of a vote here on political campaigns of candidates they $296 million. There were a lot of ads on legislation that would dramatically don’t support. It turns the Federal TV. change the way we conduct our elec- Election Commission into a tool of I had my friends call me up, scream- tions in this country. As my colleague whichever party controls the White ing at the TV when they were mean to said, are all elections perfect? No. But House. So instead of being even, it me. And I am sure I had my opponent, I have to tell you, I am really proud of would actually be lopsided and be par- who is a friend of mine, say the same what we do in Ohio. We make it easy to tisan. thing. But now, what we are going to vote; we also make it hard to cheat, It seemingly contradicts the 26th do, if we were to pass this bill, is say: and that is the right balance. Amendment by forcing States to let in- Tom Tillis supporters are going to have This bill, S. 1, is called the For the dividuals register to vote as early as 16 to have money spent and directed to People Act, but what it actually does is years old, and then it could allow those his opponent to try and beat him, and it strips away control from people in 16- or 17-year-olds to vote by banning vice versa—millions and millions of Ohio and elsewhere to build the right State voter ID laws. The vast majority dollars. election laws in our own States and of Americans support voter ID laws. It And in States like North Carolina— centralizes that control here in Wash- is a fact. Republicans, Democrats, and not only North Carolina taxpayers but ington, DC. That is not consistent with Independents think you ought to have taxpayers from across this country— the Constitution or the Federalist Pa- some sort of ID when you come vote, will see their taxpayer dollars come to pers. In addition, some of those pro- but this bill bans that safeguard. North Carolina to influence an out- posed changes attempt to undermine I could list other serious flaws with come in a campaign that could be a the First Amendment rights that we the proposal, but the bottom line is thousand miles away. That is, I think— hold so dear as Americans. that this legislation has been presented taking taxpayer dollars and then I am proud of the way we conduct our as a safeguard for democracy when it spending them on something that they elections in Ohio, in part because we actually contains some radically un- are personally opposed to or offended have high turnout. In fact, we had democratic provisions. by is something that I don’t think the record turnout last year, and that is I am in favor of State-level, common- Founding Fathers would have ever en- great. And I don’t want to leave it up sense efforts to increase voter con- visioned as being appropriate for this to Federal employees here in Wash- fidence in our elections. We absolutely great Nation. ington, DC, to determine how our sys- should do that. We need to protect de- So, ladies and gentlemen, today at tem should work in Ohio, which is mocracy by ensuring, again, that peo- about 5:30—I think a little after—the what this legislation would do. ple know it is easy to vote. It is acces- For the People—or as I said, the ‘‘Fool I mentioned the Constitution earlier. sible. That is good. We should all want the People’’—Act is going to be before It gives the primary power over elec- that. But we should also make it hard us, and it is going to fail. We know it. tion administration to the States. It is to cheat and be sure we have security Senator SCHUMER knows it. very clear about that. It also says in in our elections so people know they So why are we doing it? Are we doing Federalist 59, which is Alexander Ham- have trust in the system, that their it for messaging points? Or are there ilton, who was the guy most interested vote is going to count, as it should. some far-left liberals that just want in these Federalist issues—he said it is Again, that is what we do in Ohio. the vote on the floor, knowing full well clear that the Federal Government I don’t think this legislation furthers it is not going to pass? Have we actu- should only get involved in very ex- those objectives. Instead, I think it ally tried to do any work to figure out traordinary situations. would amount to a Federal takeover of what role the Federal Government Last fall, 5.97 million Ohioans cast a our election system, which has always should play in actually improving elec- vote—that is a record, as I said—and it been in the domain of the States. tion outcomes that ultimately need to represented 74 percent of eligible vot- Our government is built on a care- be administered by the State? No, that ers in Ohio. Despite that and despite fully constructed framework of checks hasn’t happened. the challenges of running the largest and balances, including between the So today, we are going to come on election in our State’s history during branches of government. I cannot sup- the floor. This measure is not going to an unprecedented pandemic, we ran port legislation that would run so move forward. And somebody may be what was wildly reported on the right, counter to what the Framers of the fooling—I don’t know—far-left groups on the left, by the media as a secure Constitution intended and the election just to say we tried. But they didn’t and successful election—in fact, I think system that works well in my home try because if they tried, they would the most successful election we have State of Ohio. have reached across the other aisle and ever had. Our State-run, bipartisan I yield back. tried to figure out something that county boards of election, with two The PRESIDING OFFICER. The Sen- made sense that could pass with 60 Democrats and two Republicans in ator from Mississippi. votes. each county, were able to do that be- Mr. WICKER. Mr. President, I, too, The For the People Act is far afield cause they know what is best for Ohio rise in opposition to S. 1 and urge a no from what our Founding Fathers envi- and they are held accountable. vote.

VerDate Sep 11 2014 03:54 Jun 23, 2021 Jkt 019060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JN6.022 S22JNPT1 dlhill on DSK120RN23PROD with SENATE June 22, 2021 CONGRESSIONAL RECORD — SENATE S4677 The bill that the Senate will be asked chairman of a committee in the House how they handle early voting and ab- to consider today is a truly radical of Representatives, the chairman of the sentee ballots; and how they maintain piece of legislation. It turns out, be- Democratic National Convention of voter lists. cause of that, it is an unpopular piece 2020, who said he voted against it be- It makes election fraud easier to of legislation, the kind of bill the Sen- cause it was opposed by his constitu- commit and harder to detect by allow- ate was created to help stop from be- ents. ing unlimited ballot harvesting, under- coming law. S. 1 seeks to transform the The ACLU has come out against S. 1, mining voter ID laws, and making it way we do elections in this country saying that some provisions ‘‘unconsti- more difficult to maintain accurate and to do so on a narrow, partisan tutionally impinge on the free speech voting lists. A recent university poll basis. rights of American citizens and public found that 80 percent of Americans Here is what Americans need to un- interest organizations’’—hardly a support requiring a form of identifica- derstand about this legislation. rightwing conspiracy group, the ACLU. tion before a person can vote. Think First, it would strip away the power The U.S. Chamber of Commerce, about it—80 percent. of the States to run elections and hand along with 300 other organizations, Remember, now, presently, Ameri- it to the Federal Government, showing have said this legislation is ‘‘fun- cans are required to present a photo ID a complete lack of trust in local and damentally incompatible with the to do a number of things. We all do it State leadership. American tradition and the principles every day: at the airport to board a It would also spend millions of tax- enshrined in our Constitution.’’ commercial flight; in a hospital for any payer dollars to help politicians run And when you ask the public about outpatient or inpatient procedure; at ads for their campaigns. Taxpayers the specific proposals in this bill, many the pharmacy to purchase over-the- would suddenly have to finance par- Americans—conservative and liberal, counter sinus medication and certain tisan messages they may strongly dis- Democrat, Republican, and Inde- prescriptions; at the bank to open a agree with, raising serious First pendent—are outright opposed. bank account; to apply for a mortgage; Amendment questions. According to a recent poll, 81 percent to drive, buy, or rent a car; to get mar- S. 1 would nullify sensible voter ID of people say they are concerned with ried; to purchase a gun; to rent a hotel laws across the country, including allowing voters to vote without any room; to donate blood; to obtain a voter identification laws in predomi- form of photo ID. Eighty-three percent passport; to pick up packages at the nantly Democrat States, like Con- say they are concerned with ballot har- U.S. Post Office. We all do this every necticut and Delaware. vesting practices, this practice of hav- day. And the legislation would also give ing party operatives go door to door This legislation would permanently the Federal Government the right to and pick up large numbers of ballots to tip the scales in favor of the Democrats draw congressional district lines, even turn them in. Sixty-eight percent of by politicizing the Federal Election Commission, pouring Federal tax dol- though States have done this since the Democrats are opposed to so-called bal- lars into campaigns and chilling free beginning of our republic. lot harvesting. And 50 percent of people speech. Do Americans really want their At its root, this bill is based on a say they oppose taxpayer dollars being taxes going toward a Federal campaign myth. And I consider my words here. It used to pay for political campaigns. fund that would finance the expenses of is based on a lie, and that lie is that This, again, cuts across party lines. voting rights are somehow under at- all candidates running for Congress? So it is clear that S. 1 is not popular. S. 1 would reverse years of improve- tack in States like Georgia and Texas. It is squarely at odds with the views of ments that have been made in many This is utterly absurd, and I think the the majority of the American people. States, improvements that protect the voters in those States understand that. Every Senator who votes yes will security, integrity, and the credibility The election reforms recently passed in need to prepare to explain to voters of our elections. Each State, I believe, Georgia, for example, have actually ex- why they wanted to overturn State should be left with the freedom and panded access to the ballot box, mak- voter ID protections, allow ballot har- flexibility to administer its own re- ing it easier to vote, but also making it vesting, force taxpayers to pay for po- spective elections, without inter- harder to cheat. litical campaigns, and enact a partisan ference from the Federal Government. The new Georgia law does this, Federal Election Commission. That is S. 1 mandates ballot drop boxes, among other things. It expands the why S. 1 should be rejected this after- which increase the risk of fraud by al- window for early voting. The new Geor- noon, and that is why it will be re- lowing people other than the voter to gia law allows no-excuse mail-in voting jected. drop off marked ballots outside of the to continue. It adds 100 new ballot Thank you. view of election officials. dropboxes. It allows voters to get a I yield the floor. As I mentioned before, this bill pro- government-issued ID for free, and it The PRESIDING OFFICER. The Sen- vides government funding for cam- increases transparency in elections, for ator from Alabama. paigns: $6 of Federal funding for every example, making sure the ballot count- Mr. SHELBY. Mr. President, this $1 from small donors. My gosh, it ing does not stop in the middle of the afternoon, I want to discuss my grave would be a windfall for a lot of incum- night, as we have seen in past elec- concerns with S. 1. bents. This essentially forces Ameri- tions. Many have said that this political cans to fund candidates they don’t These reforms are entirely reason- power grab is a solution in search of a agree with and support attack ads able and widely popular across Ameri- problem. I agree with that. This bill against those they do agree with. cans and were based on broad input contains, I believe, a number of alarm- It federalizes redistricting, putting in from the local stakeholders. ing provisions that would have a dev- place one set of Federal rules for re- My colleagues who are pushing S. 1 astating impact on our Nation’s elec- drawing congressional districts—some- say they are trying to save democracy, toral process. It would make our elec- thing that has traditionally been a role but, in fact, the bill would actually tions more chaotic and less secure. for each State. harm democracy. S. 1 would undermine This legislation contains more than Lastly, Mr. President, S. 1 requires the security of the ballot box, causing 800 pages of bad policies that I believe States to give felons the right to vote more and more Americans to question America does not need and does not once they are out of prison. the outcome of our elections. We want. I believe that the strength of our While this is a bad bill all around, I should be working to strengthen trust election system is in its diversity, al- believe these are some of the top worst in democracy, not weaken it. lowing each State to determine what is provisions and the provisions that The only thing bipartisan about this best for them. S. 1 would force a single, American people oppose the most: One, bill is the opposition to it. In my home partisan view of elections on more than gutting State voter ID laws, again; State of Mississippi, every Member of 10,000 jurisdictions across the country. two, spending taxpayer dollars on po- the House of Representatives—Demo- For example, State and local election litical campaigns; three, allowing un- crat and Republican—voted against administrators would be forced to limited ballot harvesting; and four, this legislation, including Democrat change, one, how they register voters turning the Federal Election Commis- Representative , a and which voting systems they use; sion into a partisan operation. So just

VerDate Sep 11 2014 03:54 Jun 23, 2021 Jkt 019060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JN6.023 S22JNPT1 dlhill on DSK120RN23PROD with SENATE S4678 CONGRESSIONAL RECORD — SENATE June 22, 2021 to name those, among others, are rea- this year, to great fanfare, it actually appropriate for Congress to intervene. sons to vote against this bill. has 8 fewer early voting days than The Voting Rights Act of 1965 is an ex- I think the American people do not Georgia. Despite having these and cellent example. want this, and they do not deserve to many other different election rules, It was passed at a time when many be the recipients of such harmful pol- Delaware, Connecticut, and Georgia Americans, particularly Black Ameri- icy. I do not support this bill, and I had very similar levels of Black voter cans, faced overwhelming barriers de- trust that a majority of the Senate will turnout in the 2020 election. Massachu- signed to prevent them from voting. not vote accordingly. setts, by contrast, had just more than Section 2 of the Voting Rights Act is Thank you. half the Black voter turnout of Geor- still in effect today. It prohibits voting The PRESIDING OFFICER. The Sen- gia. practices and procedures that are dis- ator from Maine. This information contradicts the un- criminatory. It also allows the Depart- Ms. COLLINS. Mr. President, the derlying premise in S. 1 that we must ment of Justice to sue any State or right to vote is the hallmark of a de- overturn the laws of every State in our local government to enforce this provi- mocracy. It is what distinguishes us Nation in order to preserve the right to sion. from authoritarian regimes where elec- vote. Certainly, there are improvements tions are tainted, if they are held at This legislation would force numer- that can be made in our election laws. all, where the free and fair elections ous changes to laws in States that have For example, I support efforts to dis- that define America do not exist. been successfully conducting elections close dark money in campaigns. I sup- President Abraham Lincoln once said for a very long time. Let me use the port mandatory reporting to the FBI if elections belong to the people. Voting State of Maine as an example—a State a foreign government contacts a polit- is an action we choose to take to exer- that consistently ranks at or near the ical campaign with an offer of assist- cise a fundamental freedom our Con- top of the Nation in voter participa- ance. And I have worked with my col- stitution grants to the people. So when tion, I am pleased to report. Maine leagues on both sides of the aisle to we hear of a bill entitled ‘‘For the Peo- does not have early voting. Maine does provide generous grants to States so ple,’’ we naturally would assume at not allow ballot harvesting. Maine does that they could better secure their vot- first that it must be enhancing our de- not count absentee ballots that arrive ing infrastructure against cyber mocracy, but a closer examination sug- after the polls close on election night. threats and foreign intrusions. gests otherwise. In fact, S. 1 would Maine does not allow voters to receive Unfortunately, S. 1 is not legislation take away the rights of people in each absentee ballots automatically without that could ever form the basis of a rea- of the 50 States to determine which requesting them. Yet, in 2020, 71 per- sonable, bipartisan elections reform election rules work best for their citi- cent of Mainers cast a ballot. That is bill. And it is far more likely to sow 1 more distrust in our elections than to zens. 4 ⁄2 percentage points above the na- Let’s start with some indisputable tional average. ease the partisan divisions in our coun- facts. This legislation was first intro- These results further demonstrate try. For the reasons that I have dis- duced in 2019, prior to last year’s Presi- that, absent a compelling need, the cussed, I shall cast my vote against dential election. It was not considered Federal Government should not be pre- this flawed bill. The PRESIDING OFFICER. The Sen- in the Senate. It did not become law. empting the election laws of all 50 ator from Washington. Nevertheless, according to the Census States. Now, let’s examine the burdensome Ms. CANTWELL. Mr. President, I Bureau, the 2020 election saw the high- list of Federal mandates that advo- come to the floor this afternoon to est voter turnout in the 21st century. cates of this bill would impose on each urge my colleagues to support this im- Equally significant, Asian Americans and every State. Allow me to highlight portant legislation. And I listened to and Hispanic Americans voted in just a few of the significant flaws. my colleague from Maine on her re- record-high percentages, and there was The bill would require States to marks and I take her at her word. If higher turnout across all racial groups, allow ballot harvesting, where third there would be any chance to work on including Black Americans, than in parties, usually political operatives, these election issues in the future, I 2016. collect ballots from voters. This raises guarantee we are all ears. The Census Bureau also asked eligi- obvious and significant concerns about I say that because I come from the ble, nonvoting Americans why they voter intimidation, coercion, and bal- State of Washington, and we have a didn’t vote in 2020. The majority of re- lot security. very high election turnout. We have a spondents said that they were not in- The bill would prohibit voter ID, very high election turnout rate because terested, didn’t like any of the can- overturning existing law in 35 States. we have a vote-by-mail system that didates, were too busy, or simply for- It would require that absentee ballots has been developed over a long period got. be accepted up to 7 days after the elec- of time. My colleague knew my prede- The point is, with the record-high tion, which could lead to chaos and dis- cessor, Slade Gorton, who was a three- turnout in 2020, it is very difficult to trust, particularly in close races. term Senator. In the 2000 election, I make the case that this bill is nec- The bill would transform the Federal won by 2,229 votes, and I am forever essary, as some have said, to save our Election Commission into a partisan grateful to Senator Gorton for having democracy. entity, which would jettison the re- faith in that election. That election This is a bill that was introduced to quirement for bipartisan agreement on that included provisional ballots and enhance partisan messaging, not to en- significant issues and lead to partisan signatures and all sorts of things that hance participation in our elections, as enforcement. people really understood. I think that the over-the-top rhetoric about this Another problem with this bill is is the principle here. Our election in bill highlights. Consider, for example, that it would allocate billions of Fed- the State of Washington is based on the debate over Georgia’s new election eral dollars to congressional cam- your signature. law. In many ways, Georgia’s election paigns, forcing Americans to subsidize That is the way it is now when you law actually makes it easier for citi- the campaigns of politicians with vote in person, and it is the way it is zens to vote than in other States that whom they vigorously disagree or sim- when you vote by mail. So our system have not been subject to the same ply dislike. Even very wealthy office- has a lot of security in it, and this leg- backlash. holders would be eligible for public fi- islation that is before us today is to Georgia allows no-excuse absentee nancing. Do we really need more make sure that these rights—these ballots. Delaware, New York, Massa- money in political campaigns when civil rights and constitutional rights of chusetts, and Connecticut do not. Federal funds could be used to combat individuals—are upheld throughout the Georgia’s new law provides a minimum the opioid epidemic or to reduce hun- United States of America. of 17 in-person early voting days. Dela- ger among children or to spur eco- Now, I understand some of my col- ware, New Jersey, and Connecticut had nomic development and the creation of leagues may not like the ethics reform no in-person early voting days at all in more jobs? or campaign finance reform in the un- 2020. Although New Jersey enacted a Now, Mr. President, there are, of derlying bill. I support those provi- new law to allow early voting earlier course, times when it is compelling and sions. But at the heart of this debate is

VerDate Sep 11 2014 03:54 Jun 23, 2021 Jkt 019060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JN6.024 S22JNPT1 dlhill on DSK120RN23PROD with SENATE June 22, 2021 CONGRESSIONAL RECORD — SENATE S4679 whether we are going to fight to make also intended to act as a safeguard ises of our constitution. So the Federal sure that the Federal Government does against manipulation of electoral rules Government has had to intervene and its job on constitutional rights. I feel by politicians and factions in the we have done so I am glad that we did. like there is a little bit of hiding going States to entrench themselves or place So I hope that we will continue to on in this discussion about whether we their interests over those of the elec- say that these provisions that are so have a role, that this is somehow left torate.’’ important to guaranteeing the right to up to the States. It reminds me of So these issues are very clear. It is franchise for Americans, are there, and when Rosa Parks was sitting on a bus. calling on us to make sure that we up- that they are continuing to be modern- We didn’t say it is just up to those in- hold those constitutional rights. But ized. I hope that what we will do today dividual States. Or when people were according to the Brennan Center for is the start of an effort to focus on this. denied equal accommodations at ho- Justice at New York University School I take my colleague at her word. I am tels, we didn’t say it was just up to of Law, at least 14 States, from Geor- sure she is sincere about wanting to those States. And we certainly didn’t gia, Florida, Oklahoma, and many oth- vote to help do something on election say, when people used police dogs try- ers, have enacted voting rights since and our democracy. We need to start ing to intimidate women to vote in the the 2020 election to restrict individuals. that process today. We need to move 1960’s, that it was just up to those My colleagues have been out here talk- forward, we need to address these States. ing about some of those restrictions, issues. We can’t live in a world where No, no, no. We did something about and I think those that place undue bur- we are not allowed to move forward on it. We passed the 1964 Civil Rights Act dens on individuals are something that a very close election in Washington and the 1965 Voting Rights Act. We did we should be addressing. Yes, States State. That wasn’t the only one we that because intimidation was hap- have been at a different pace in allow- had. We had another one, I think, was pening, and we needed to correct for it. ing vote-by-mail, but we should be em- decided by probably, you know, a few So I hope that our colleagues will powering people. We should say that we hundred votes. And were there issues? think about this issue because to me, it want to empower more people to vote Yes. And guess what. The system re- is the same debate we are having on under a system that is fair and gives solved it. The system found any mis- criminal justice reform. So many peo- them those opportunities to do so. takes. ple on the other side of the aisle said: So there are at least 64 bills restrict- I keep mentioning, you know, a gen- You know what, this is up to local po- ing voting rights moving through 18 tleman who basically when it got down lice departments, and it is just up to State legislatures, and I think that we to that somebody thought this was a the local governments, and that is all should be making sure here that we Governor’s race that was going to get there is to it. have clarity on what will help us con- down to 10 or 15 votes, basically de- No, that is not all there is to this. tinue to empower the public to cast cided to say that he had voted for his This is about whether we do our job in their vote. wife who had passed away, and admit- upholding these constitutional rights The For the People Act, S. 2093, is a ted it because he knew in the end that when certain States don’t do that. comprehensive bill that makes voting they were going to find out. And he And so these American voting rights easier. It also authorizes $1.7 billion in thought it was better to come forward are guaranteed by our Constitution. new federal grants to help secure the and say I made a mistake. She had al- The 15th Amendment provides that security of our voting system. Again, I ready passed. I sent in her ballot. It voting rights cannot be abridged on the like our vote-by-mail system in Wash- wasn’t something I should have done, account of race, color, or previous con- ington State. It is based on my signa- and we have a system that can work dition of servitude. The 19th Amend- ture to the ballot that is checked at based on our signatures. It can and ment, which turned a hundred years the ballot. I can tell you in the last does today. When you go in to vote in old last year, provides that voting election because of the ruses and var- person, you sign your name, and that is rights cannot be denied on account of ious things that went on, 13 different the signature, and that is the security sex. The 26th Amendment provides that people said that they voted on my be- of the system. And it has allowed us to Americans 18 years of age or older can- half. But they didn’t. And our election trace and find and now expand to vote- not be denied the right to vote on ac- system caught that. They knew that it by-mail. And it is time for us to say: count of age. wasn’t me, and they checked the signa- Let’s not make voting harder in the Generations of Americans fought for ture on the ballot, and they knew that United States of America through a these rights over many decades, and it was me. So even though the system system that basically disenfranchises they didn’t come easy to us as a Na- has had people who are trying to cause people, but make a system in the tion. Nor should we overlook, now, distrust and discord about whether we United States of America that is about these issues as we think that these have the right system, it is working. giving people these opportunities so rights, these constitutional obligations And the more we empower people, the that people can feel this enthusiasm that we should be fighting for and better our democracy. that we see when we successfully pull should uphold, are facing challenges at This legislation requires the Director this off. the local level. of National Intelligence to report on And what we need to be doing here is I know that my colleagues say that threats to election infrastructure, in- to show States that an 83 percent voter these are State rights to hold these cluding cyber threats, and requires the turnout in the State of Washington is a elections. Article I, section 4 of the President to develop and implement a great victory. A high turnout is a great Constitution empowers Congress to national strategy for protecting U.S. participatory system, and that is what make or alter rules for Federal elec- democratic institutions. I know that we should be striving for with these re- tions. The U.S. Supreme Court has re- these are things that we should be up- forms that are about security and peatedly upheld this authority as broad dating. Throughout our history, fol- about our constitutional rights. I hope and comprehensive. The U.S. Supreme lowing the civil war and reconstruc- our colleagues will support them. Court has held that the election clause tion, there were localities that used Mr. President, I ask unanimous con- gives Congress the authority to ‘‘over- discriminatory tactics like poll taxes sent that the following Senators be ride state laws to regulate federal elec- and literacy tests to keep African permitted to speak prior to the sched- tions.’’ Americans from voting. The Black uled vote: BLUNT, for up to 15 minutes; Now, this was in a pretty famous case community endured both of this kind MERKLEY, for up to 15 minutes; KLO- in 2015. In the majority opinion in the of intimidation. BUCHAR, for 10 minutes; and Senator Arizona State Legislature v. the Ari- And in the years that followed, SCHUMER, for 5 minutes. zona Independent Redistricting Com- Americans have protested and marched The PRESIDING OFFICER. Without mission, Justice Ginsburg wrote, ‘‘The for these voting rights. And out of this objection, it is so ordered. dominant purpose of the elections struggle, Congress passed, and Presi- The Senator from Missouri. clause, the historical record bears out, dent Johnson, signed the Civil Rights Mr. BLUNT. Mr. President, when I was to empower Congress to override Act of 1964 and the Voting Rights Act look at this substitute, I am reminded state election rules. The clause was to make sure that we kept these prom- of the adage, the new boss is the same

VerDate Sep 11 2014 03:54 Jun 23, 2021 Jkt 019060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A22JN6.005 S22JNPT1 dlhill on DSK120RN23PROD with SENATE S4680 CONGRESSIONAL RECORD — SENATE June 22, 2021 as the old boss. In this case, the new would develop a pretty good sense of is who is going to try to cast a ballot at bill is the same as the old bill. It has a how the person voted whose ballot they the polling place they shouldn’t cast is different number, but it still maintains were harvesting. probably also likely to be willing to the same flawed policies that S. 1 This bill undermines popular voter say they are qualified to vote at that maintains. ID laws that more than half of the election. Obviously, the majority would like to States have implemented. In a recent poll, a poll that came out pass this bill or they wouldn’t have la- It makes it more difficult to main- this week, 80 percent of Americans sup- beled it their most important piece of tain accurate voter lists. ported voter ID laws. Another poll just legislation for this Congress. The It permanently tips the scales in a couple of weeks ago showed national House of Representatives labeled the favor of our friends on the other side support for voter photo ID was 75 per- same bill, ‘‘H.R. 1,’’ their most impor- by politicizing the Federal Election cent. That included 69 percent of Black tant piece of legislation for this Con- Commission—a Commission that was voters and 60 percent of Democrats. gress. established, just like our Ethics Com- So we have a principal position of The changes basically give election mission in the Senate, with an equal this bill that 80 percent of all voters— officials more time to implement poli- number of one party and no imbalance. at least 75 percent of all voters and 60 cies that I don’t think we need, and I This politicizes the Federal Election percent of Democrats are for, but this think the changes don’t make the bill Commission. It makes it a partisan bill changes that law that makes sense less bad. In fact, what the bill does is it Agency, not a bipartisan policing to almost everybody. creates a new boss for elections, but Agency. This bill requires that unlimited bal- the new boss is the Federal Govern- It pours Federal funds into cam- lot harvesting that I talked about just ment. It is not about voting rights. It paigns, and it chills free speech—bad a minute ago. The only time I recall a doesn’t add any group or any individ- policy, I think, in search of a problem. congressional discussion recently uals to the group of people who can Democrats have said this is nec- about ballot harvesting was last year vote, the kind of thing that Congress essary to increase voting rights, par- when the House of Representatives re- has done in the past, starting in the ticularly for minorities, but the overall fused to seat a Republican-elected first century of the country and mov- turnout in the year 2020 was about two- Member because that campaign had ing on until today. It is, frankly, a po- thirds of all the voters—the highest used ballot harvesting. Now we have a litically motivated, Federal takeover percentage of voters who participated law that requires every State not to of the election systems that would in over a century. What we have here is prohibit ballot harvesting. The risk of make, in my opinion, elections more an election that had the highest level fraud, the risk of every ballot not get- chaotic, less secure, less nimble in of participation in over a century. ting to the place ballots need to be cer- tainly increases when you hand them their ability to deal with individual Most States had their highest voter to a ballot harvester—usually some- circumstances that occur on election turnout in 40 years, and we decide we body paid by a campaign or a party to day. need to change the system. (Mr. MARKEY assumed the Chair.) S. 1 isn’t just about bad policy; it is go around and collect ballots and some- The strength of the election system about what Democrats have seen as a one whose motivation to get those bal- is the diversity of the election system. political imperative. lots all turned in may not be every- This is what President Obama thought Frankly, this has been the bill that thing you want it to be. Sixty-two percent of respondents in in 2016. He may not still believe that, Democrats have offered for about the one poll said ballot harvesting should but I still believe it. last 20 years. It varies a little bit from be illegal. It is another provision in S. 1 would force a single partisan time to time, but about 20 years ago this bill that clearly is not a popular view of elections on more than 10,000 and maybe before that. I was a chief provision if people begin to look at it. voting jurisdictions across the country, election official in our State at that Again, voting to protect democracy— taking control away from States, tak- time. I don’t remember Democrats of- sure, that is popular. But the way this ing control away from local officials— fering this before 20 years ago. But bill does it, when people look at it, is frankly, they are the closest people to starting about two decades ago, every not popular. the voters—and instead giving it to couple of years and certainly every The bill requires States to give felons people in a far-away national capital time Democrats get in the majority in the right to vote in Federal elections without the same sense of importance the House, they pass this bill or one al- when they are out of prison. Some of the people believing that what hap- most exactly like it. States do that; some States don’t. Of pened on election day at your precinct When asked about what it would take course, if this bill passed, every State is what the voters intended to have to maintain the current majority in would have the choice of going ahead happen that day and that the people the House, Speaker PELOSI said: Well, and doing that or having two sets of who were voting were the people who it would be better if we could pass H.R. voter rolls, one for Federal elections were legally able to vote, not people 1 and S. 1. Now, that sounds like she and another one for non-Federal elec- who may have voted somewhere else— thinks there is a political advantage tions. That, of course, makes no sense not people who may no longer live in there. I respect the Speaker’s political at all. What this bill anticipates is that the jurisdiction they are voting in and judgment and always have respected no matter what States wanted to do, no longer qualified to vote for that Speaker PELOSI’s political judgment. this is a provision they would have to county official or that State represent- Her judgment would be that this would adopt. ative or whoever, but people who are be better for Democrats than not There is another way to get that legally able to vote. changing the current election law. done: Go to State legislatures and ex- I think this makes fraud easier to S. 1 is really full of unnecessary and, plain the value of having that changed commit and, frankly, harder to detect. as it turns out, unpopular provisions if that change needs to be made. What we should be doing is making it under the label ‘‘Would you like to This bill restricts the ability of easier to vote and harder to cheat. I vote for a bill that would secure de- States to maintain accurate voter think what we are doing here is mak- mocracy?’’ Well, of course. Who rolls. Many States—States with Demo- ing it easier to cheat and harder to find wouldn’t want to be for securing de- cratic Governors or Democratic secre- it out. mocracy? Fortunately, this bill has taries of state, Democratic legisla- We allow, in this bill, if it was the been around long enough that people tures—have worked hard to see that law, unlimited ballot harvesting. This have begun to understand what is in they had a system in place where you is where anybody can go around and it—the same list that has been out would periodically check and see if the collect ballots and, theoretically, be there before. people who are registered to vote are sure that they get to the election au- This bill would render State voter ID still where they registered to vote thority, but who knows? Who knows laws meaningless by requiring States from. what ballot got lost in the mail and to allow affidavits in lieu of identifica- Our State—I think a lot of States—if what ballot never got in the mail? One tion. In other words, you say who you you move to another county and reg- of the things the ballot harvester are at the polling place. Well, anybody ister to vote there, you are supposed to

VerDate Sep 11 2014 03:54 Jun 23, 2021 Jkt 019060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JN6.032 S22JNPT1 dlhill on DSK120RN23PROD with SENATE June 22, 2021 CONGRESSIONAL RECORD — SENATE S4681 say as part of that process who you Of course, the purpose of the bill is to In his inaugural address, our second could notify to get you off the voter bring all these election decisions to President, John Adams, remarked that, rolls, but there is no requirement that one place. The idea that the best deci- ‘‘we should be unfaithful to ourselves if that has to happen. A periodic check of sions are always made in Washington, we should ever lose sight of the danger the voter rolls was seen not too long DC, on all topics is an idea that most to our liberties if anything partial or ago as a huge protection of democracy. Americans don’t agree with. There are extraneous should infect the purity of This makes it much harder to do. But things they think we can do and should our free, fair, virtuous, and inde- a 2018 poll found that 77 percent of do and can only do because they can’t pendent elections.’’ Americans supported this kind of voter do them any other way, like defend the Well, my friends, our democracy—our roll maintenance. country and set big national priorities. elections are being infected. Our elec- Frankly, it would be pretty hard to But for well over 200 years now, local tions are under siege from gerry- come up with a bill that had so many election officials responsible for the mandering, which destroys the prin- major tenets that were so out of step sense of credibility of what happens on ciple of equal representation. Our sys- with what people think the govern- election day have done this job. I think tem is under siege from dark money, ment ought to do and what they want they have done it well. enabling billionaires and powerful cor- their State government to do and in This bill would require States to take porations to buy our elections. It is most cases where State governments burdensome actions and make expen- under siege by State laws being passed are doing this. sive changes in their election systems. week to week right now that target This bill provides government fund- Even if the States have already adopt- specific communities to prevent them ing for campaigns—$6 of Federal money ed some of the so-called reforms, they from voting, thereby manipulating the for every dollar raised from small do- in all likelihood would have to make outcome of elections. nors. Small donors is under $200. changes in their system to comply. Indeed, at least 22 laws have been en- Frankly, if you were doing this, there So the Federal takeover of elections acted in 14 States since January to in- would be—the current Members of the shouldn’t happen. I urge my colleagues fect our free and fair elections to delib- Senate, under this bill, could receive not to support it happening. The Amer- erately erect barriers meant to make it up to, collectively, $1.8 billion from the ican people don’t want to see the harder for targeted groups of Ameri- Federal Government to run their cam- things imposed on our election system cans to vote, to silence the voices of paigns, to attack their challenger, or that are in this bill. I urge my col- students and low-income Americans, of whatever they want to do with their leagues to vote against this harmful Native Americans and seniors, of Black campaign money—$1.8 billion to do legislation. and Brown Americans who have fought that. It is pretty easy to qualify for I yield the floor. too long and too hard to have their The VICE PRESIDENT. The Senator this money. voice and their vote stolen from them, from Oregon. We saw people raise money in the Mr. MERKLEY. Madam President, ripped from them now. first quarter of this year. That would every day that I have the honor of We have a responsibility as United have qualified—in the case of our coming to work in the hallowed halls States Senators to ensure every Ameri- friend the Senator from Texas, Senator of this building—a symbol to the coun- can’s freedom to vote, just as this in- CRUZ, somewhere between $25 and $30 try and to the world of America’s com- stitution sought to do more than half a million would go to his campaign. We mitment to liberty and to justice, free- century ago, when in this Chamber we had a markup on this bill in the Rules dom, and democracy—I am humbled. I passed the 1965 Voting Rights Act. We Committee. Not a single member of the am humbled by the faith and responsi- have a responsibility to ensure that Rules Committee, Democrat or Repub- bility that the people of Oregon have every American’s voice is heard and lican, including Senator CRUZ, thought placed in me to advocate on their be- that our elections reflect the will of Senator CRUZ should get $24 or $25 mil- half. I am humbled by the responsi- the people. lion from the Federal Government for bility of exercising the power of this of- We can fulfill that responsibility by his campaign. fice to use the opportunity to lift up all enacting national standards for voting The bill creates a partisan Federal Americans, to create a foundation for to ensure that every American can Elections Commission. It gets rid of families to thrive, to tackle significant have a say in the key decisions impact- that bipartisan makeup that has been challenges like human rights and glob- ing their daily lives, a ‘‘say’’ expressed there from the very start. al warming. through the ballot box. This bill chills free speech in that it But among all these responsibilities That ballot box is the beating heart creates a disclosure document that one is the highest, which is to defend of our Republic, and those who seek to makes people really reluctant to give our constitutional Republic, and in erect barriers to citizens having access money to other groups who aren’t can- that Constitution, the single most im- to it are committing a crime against didates who like to talk about elec- portant power given to every American our democracy. We have to stop that tions. is the right to a voice and a vote, a criminal action against the rights of It federalizes redistricting. S. 1 would voice and a vote in the decisions of this Americans. We must create those na- put in place one set of Federal rules for government and the direction of our tional standards by taking up this bill, redrawing congressional districts. That Nation. the For the People bill, debating it, has always been the role of the States. As we saw all too clearly on January and ultimately passing it, to defend If the State wants to give that to 6, when this very building was attacked our Constitution. somebody besides the legislature, they by a mob intent on burning the ballots The For the People Act is com- can do that, and many States have of millions of Americans, democracy prehensive. It does popular, common- done that. But States have been the based on free and fair elections is far sense things to put the American peo- constitutionally designated place to from guaranteed. Each generation, ple back in charge of their government determine how they draw congressional each new set of Senators and House and their country. It sets national maps in their own States. Members has the responsibility to de- standards so every American has equal Even if a State manages to comply fend it anew. freedom to vote, no matter where they with all these requirements, under this The sad truth, however, is that a vio- live. In this country, if you are an bill, the Justice Department would lent mob storming the Capitol isn’t the American, you have the right to vote, have to be involved. Under this bill, the only way to attack our democracy. It plain and simple, full stop. It doesn’t court of jurisdiction in all cases on re- can also be attacked by the quiet plot- matter what your ZIP code is or your districting would be the Federal court ting of powerful and privileged individ- income or the color of your skin or in Washington, DC, not the Federal uals who hate the concept of govern- your religious beliefs. You have the court in the circuit that Missouri is in. ment of, by, and for the people, and right to vote. You wouldn’t even start at the district they work to undermine and corrupt Many of the State laws restricting court in Kansas City or St. Louis. The the workings of our Republic to voting are designed to eliminate early Federal court in Washington, DC, produce, instead, government by and voting—in person or by mail—and we would be the place you would go. for the powerful. know exactly why. It is because the

VerDate Sep 11 2014 03:54 Jun 23, 2021 Jkt 019060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JN6.034 S22JNPT1 dlhill on DSK120RN23PROD with SENATE S4682 CONGRESSIONAL RECORD — SENATE June 22, 2021 leaders in these States know how easy tation. It does it by creating inde- power down the hall, which political it is to manipulate the vote on election pendent redistricting commissions, scientists says it is. But should it be day. In these targeted communities, made up equally of Democrats, Repub- principle or power that we fight for the States’ leaders wants to be able to licans, and Independents. That means here? decrease the number of polling places, candidates running for office actually It should be the principle and the reduce the hours, change the locations, have to use the power of their ideas, oath of office we took to uphold the put polling places in locations with the persuasion of their personality, not Constitution. limited parking, put out false informa- a rigged system to hold power. Standing before a crowd on a Novem- tion about the date of the election, and Finally, the standards in this bill ber afternoon to dedicate the Soldiers’ purge targeted voters from the roll of target corruption by addressing and National Cemetery at Gettysburg, 4 registered voters, knowing that when eliminating conflicts of interest. Pub- months after that momentous battle, they show up on election day, it is too lic servants should serve the public, President Lincoln remarked that they late to correct the error and be able to not themselves. That includes Members were gathered together to not only exercise their right to vote. of Congress, the administration, and dedicate it to the men who had fallen The antidote to these horrendous, for the first time ever, the Supreme in battle, but to the ideal for which racist attacks on the freedom and right Court. This bill does that by striking they gave their lives, ‘‘That govern- of every American to vote is early vot- down outrageous and corrupt conflicts ment of the people, by the people, for ing in person and by mail, and this act of interest, strengthening divestment the people, shall not perish from the guarantees 15 days of early voting. It requirements, saying that the Presi- Earth.’’ sets forth the opportunity to acquire dent and Vice President have to use a Today, it is our responsibility to an absentee ballot, to return the ballot blind trust or limit their personal hold- carry that ideal forward and to ensure by mail or through dedicated ings to assets that don’t pose a poten- that government of the people, by the dropboxes. tial conflict of interest. people, and for the people shall not per- The second big goal in national It slows the revolving door between ish from the United States of America. standards set forth in the For the Peo- public service and K Street. It requires We in this Chamber must pass the For ple Act is to stop billionaires from buy- Cabinet Secretaries to recuse them- the People Act. ing elections. Elections in America are selves from any issues in which a pre- I suggest the absence of a quorum. intended to reflect the will of the peo- vious employer or client has a finan- The VICE PRESIDENT. The clerk ple, not the will of the powerful and cial interest. will call the roll. privileged. once de- The bill requires candidates for Vice The legislative clerk proceeded to scribed this as the ‘‘mother principle,’’ President or President to disclose their call the roll. saying that ‘‘governments are repub- tax returns to prevent hidden conflicts Ms. KLOBUCHAR. Madam President, lican only in proportion to how they of interest. It creates a code of ethics I ask unanimous consent that the order embody the will of the people.’’ for the Supreme Court, something all for the quorum call be rescinded. If the megawealthy can flood our other Federal judges already have. The VICE PRESIDENT. Without ob- campaigns with billions of dollars sent None of these four principles is about jection, it is so ordered. through shell companies, untraceable helping one political party over the Mrs. FEINSTEIN. Madam President, money, and manipulate the outcome of other. In fact, the provisions I have today the Senate is voting on whether the elections, then Jefferson’s mother just laid out are wildly popular among to consider the For the People Act, principle is murdered because the out- the American people. An overwhelming also known as S. 1. I encourage all my come serves the powerful, not the peo- of Democrats, Repub- colleagues to support Senate consider- ple. licans, and Independents support these ation of this crucial election reform The For the People Act says the peo- four principles. It is as bipartisan as bill. ple should have an equal chance of This legislation would put a stop to being heard and that the people listen- you can get. Even when it is broke into specific new State laws across the country that ing ought to know who is actually be- provisions, three out of four Ameri- are making it harder for Americans to hind those voices and those messages. cans—Democrats, Republicans, Inde- register to vote and to cast their bal- It does that by creating an ‘‘honest lots. So far this year, at least 389 bills ads’’ policy so political ads people see pendents—say they support these re- to suppress the ability to vote have online have to disclose who is paying forms because they believe in the vi- been introduced in 48 States. At least for them, and it does that by requiring sion of government of, by, and for the 22 of these new bills have become law the disclosure of megadonors contrib- people. It is in our DNA. Americans believe that dark money in 14 States. uting to political campaigns. Now, if you or I give a modest dona- should not be able to flood our elec- These newly enacted laws undermine tion to a campaign, that campaign has tions. They believe billionaires and the right to vote from every direction: to disclose who we are. Shouldn’t the corporations should not be able to buy They create new and unnecessarily same thing that is true for an average elections. They believe our Nation is strict voter ID laws, which make it American be true for the megadonors? ill-served by corrupt conflicts of inter- harder to vote for the 11 percent of U.S. This standard sets that equal standard. est. They believe in the vision and citizens who do not have a government- Third, the national standards set ideals of our ‘‘we the people’’ Republic, issued photo ID, many of whom are el- forth in this bill restore equal rep- and this bill is meant to do just one derly or low-income. They reduce the resentation by ending gerrymandering, thing: make real the promise of democ- timeframes for early voting, a critical the process by which we draw congres- racy for all Americans. method of voting for many working sional districts to favor one party over But powerful special interests don’t Americans. And they impose severe another and, by doing so, attack the want that. It threatens their hold on limitations on voting by mail, a strat- sacred principle of equal representa- power by ending the ways they have egy that many States have used to sig- tion. rigged the system, and so they are all nificantly increase voter turnout over This creates a lot of bias in the about striking down this bill. recent years. House of Representatives down the Why is that? We hear how Republican These attacks have shown no signs of hall. Take Michigan. In 2012, 2014, and leaders say that they like this rigged letting up. In Texas, a restrictive vot- 2016, the majority of the Michiganders system. Apparently, they like dark ing bill is pending before the State leg- voted for one party at every level of money in campaigns helping to buy islature that continues to get worse government, but because of gerry- elections. Apparently, they like tar- the longer it is considered. In its cur- mandering, the other party held a deci- geting groups of individuals to prevent rent form, the Texas bill would cut sive advantage in the statehouse, in them from voting, taking us back to early voting hours, ban drive-through the State senate, and in the congres- the racist efforts that existed before voting, limit vote-by-mail, and add sional House delegation. the 1965 Voting Rights Act. Appar- new voter ID requirements for mail-in The For the People Act defends, re- ently, they like gerrymandering, ballots, along with a host of other re- stores the principle of equal represen- thinking it is a sort of the political strictions on the right to vote.

VerDate Sep 11 2014 03:54 Jun 23, 2021 Jkt 019060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JN6.040 S22JNPT1 dlhill on DSK120RN23PROD with SENATE June 22, 2021 CONGRESSIONAL RECORD — SENATE S4683 These restrictions are harmful to our The freedom to vote is fundamental was the most secure in our history, the democracy. We should be working to to all of our freedoms. It is how Ameri- American people elected, yes, Presi- make it easier for more people to vote, cans control their government and hold dent Joe Biden and Vice President not making it harder. The right to vote elected officials accountable. It is the KAMALA HARRIS. is a bedrock principle of our democ- bedrock of our government. It is the But in the wake of that historic elec- racy. Unfortunately, many States are founding principle of our country, and tion, there has been a pervasive, co- using unfounded conspiracy theories of it has stood the test of wars, of eco- ordinated, and overwhelming effort to voter fraud as an excuse to pass laws to nomic strife, and yes, a global pan- undermine the freedoms of voting in weaken that fundamental right. demic. But protecting this right has future elections, with over 400 bills in- That is why we must pass the For the not always been easy. troduced in legislatures across the People Act. This bill will help to en- Throughout our country’s 245-year country. Twenty-two laws to restrict sure that all Americans are able to history, we have had to course-correct voting have been enacted in 14 States, vote, free of unnecessary hurdles and and take action to ensure that democ- and 31 more bills to roll back the right burdens. It includes a number of com- racy is for the people and by the people to vote have passed at least 1 chamber monsense reforms that anyone who be- and that it has lived up to our ideals. of a State legislature. lieves in the health of our democracy At the beginning of this year, we As Reverend WARNOCK put it in this cannot possibly oppose in good con- were reminded on January 6 that it is Chamber in his maiden speech as Sen- science. up to us to protect against threats to ator, ‘‘Some people don’t want some For example, one provision of S. 1 re- our democracy, to ensure that it suc- people to vote.’’ That is what is going quires that States allow voters to reg- ceeds. on here. ister to vote online. In an age when I still remember that moment at 3:30 The new law in Georgia makes it you can cash a check, buy a car, and in the morning when Senator BLUNT harder to request mail-in ballots, dras- conduct a doctor’s appointment en- and I and, yes, Vice President Pence tically limits ballot drop boxes, and tirely online, there is no reason a voter walked from this Chamber with the makes it a crime to hand water and should not be able to register to vote two young women with the mahogany food to voters waiting in line to cast online. box full of those last ballots to get over their ballots, when in previous elec- The bill also invests in the health of to the House to finish our job so that tions, Georgians have stood in line for our election infrastructure by securing you, Madam President, were declared up to 10 hours to vote. our voting systems against foreign at- the Vice President and President Biden One of the new Montana laws ended tacks. The security of our voting sys- was declared the President. That is up- same-day registration on election day tems should not be a partisan issue. holding our democracy. That is doing after it had been in practice in the In addition, S. 1 would ban partisan it together, Democrats and Repub- State for 15 years, and Senator TESTER gerrymandering and require States to licans doing our job. And what this bill is joining me in trying to bring this draw their congressional districts practice across—when we introduced is about to me, this bill is about car- using independent redistricting com- that bill—across the Nation. rying on that torch to protect our de- missions, like we do in California. Vot- In the weeks ahead, similar bills are mocracy. expected to pass in even more States, ers should be able to choose their rep- Today, the vote to begin debate on including Texas, where the Governor resentatives; representatives should this legislation will likely get the sup- has promised to call the legislature not be able to choose their voters. port of all 50 Democrats. Senator We need to empower the voice of into special session to pass a bill to re- MANCHIN, along with the rest of our every American in our democracy. We strict voting that was blocked at the caucus, has made clear to the country need to make these commonsense re- end of regular session thanks to the he- that standing up for the right to vote is forms to our elections. roic efforts of Democrats in the Texas I understand that some of my col- bigger than any one person or thing. It State Legislature who blessed us with leagues have disagreements with spe- is about us. It is about us as Ameri- their presence just last week. cific parts of the bill. I would urge cans. I deeply appreciate the work he These are not empty threats; they them to let the legislation come before has put into the proposal he is putting are real efforts to disenfranchise reg- the Senate and seek to amend it. But forward today, and I look forward to ular Americans from voting—senior to deny this body the ability to even continuing our discussions with him. citizens, people with disabilities, peo- debate and consider such an important He is doing this in good faith. There ple who can’t stand in line for 10 hours bill as this is unacceptable. are many good things in that proposal. just to wait to vote. The time for these reforms is now. I And today we are here together to reaf- In the face of these efforts to roll hope that my colleagues on both sides firm we will not give up this fight. It is back voting rights in so many States, of the aisle will support this important just beginning. the For the People Act is about setting legislation. The 2020 election showed that you basic national standards to make sure Ms. KLOBUCHAR. Madam President, can make it safer to vote while giving that all voters in this country can vote I come to the floor to speak in support voters the options that work for them. legally in the way that works for them, of proceeding to debate legislation that If it is vote-by-mail—I see my col- regardless of which ZIP Code they live is critical to our democracy, legisla- league Senator SMITH here. Minnesota in, regardless of whether they live in a tion that is based on two simple ideas: is so proud of our same-day registra- big city or in a suburb or out in a small that Americans must be able to freely tion. That has worked for us. It has town in western Minnesota. It is about choose their elected officials and that made us No. 1 in voter turnout in the reducing the power of Big Money in our government must be accountable to country time and time and time again. elections by ending secret spending by the people, not to those with the most Many States during the pandemic took billionaires and special interests. It is money. These are not Democratic or steps exactly like that, extending op- about making anti-corruption reforms Republican ideas; they are core Amer- tions for voters, like safe vote-by mail, to ensure that politicians work for the ican ideas. But for too long, these and now 34 States have no-excuse vote- people, not for themselves. rights have been under attack, which is by-mail—34 States. The result? More Republicans have said that this bill why we need the critical democracy re- than nearly 160 million Americans is designed to provide a political ad- forms in the For the People Act. voted—more than ever before and in vantage, but, as a former Republican I am honored to be leading this legis- the middle of a pandemic. Commissioner of the Federal Election lation with Senators MERKLEY and I still remember those voters in the Commission who chaired under George SCHUMER and to have worked with my primary in Wisconsin standing in Bush, , has said in ex- colleagues as chair of the Rules Com- makeshift garbage bags with makeshift plaining his support for this bill—and mittee, worked with my colleagues in masks over their faces in the middle of he appeared as a witness in my hearing the House and civil rights and democ- a rainstorm, in the middle of a pan- for this bill—he said: racy reform groups and you, Madam demic, standing in line to vote. And in This bill does not give power to any par- President, to bring this bill forward an election that the Trump Depart- ticular party over another; it gives power today. ment of Homeland Security declared back to the voters.

VerDate Sep 11 2014 06:29 Jun 23, 2021 Jkt 019060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JN6.026 S22JNPT1 dlhill on DSK120RN23PROD with SENATE S4684 CONGRESSIONAL RECORD — SENATE June 22, 2021 Giving power back to the voters is States specifically says that Congress willing to negotiate or even debate. exactly what we need. can make and alter rules for Federal They won’t even give it a week. They There is an amplified attack on the elections? It is as clear as the words on won’t even give it a few days. Just last right to vote this year, but we have the page. Twenty States have auto- week, they held a press conference to seen serious efforts to restrict voting matic voter registration laws, includ- tell the American people that they rights since the Supreme Court gutted ing Alaska, Georgia, and West Vir- don’t believe Congress should act to the Voting Rights Act 8 years ago. The ginia. Forty-five States allowed all protect the right to vote or get rid of Voting Rights Act of 1965 marked the voters to vote by mail in the 2020 elec- secret money in our elections. So, hon- cornerstone achievement to the civil tion, and 44 States have early voting. estly, I would love to get support from rights movement and became a law be- What this bill does is takes the best the other side of the aisle, but we have cause of the tireless work of people of the best and puts in place minimum to be honest—I don’t expect we are like John Lewis who put their lives on standards so that no matter what State going to get it. the line to secure voting rights for all. you call home, you have access to the So, my Republican colleagues, this is Fifty-six years later, we are still fight- ballot box. That is why Senator not the end of the line for this bill. ing that battle. At the same time, we MERKLEY has worked so hard on this This is not the end of the line. This is haven’t had meaningful campaign fi- legislation. That is why Senator SCHU- only the beginning because if you have nance or ethics reform. MER made this bill Senate file No. 1. your way, those voters won’t even be at Our democracy desperately needs the The bill that we are voting to ad- the end of the line. They are not going proposals in this bill. And guess what. vance includes changes that directly to be able to vote. The American people agree. Yes, this respond to concerns about implementa- In the Rules Committee, we will be bill is bipartisan, except right here in tion from both Democratic and Repub- holding a series of hearings—not just this place. It is bipartisan because one lican States and local officials. We one hearing, a series of hearings—and poll released recently found that 78 heard those concerns, and the Demo- we are taking it on the road for the percent of Americans, including 63 per- crats on the Rules Committee, which first time in a long time. We are going cent of Republicans, support making included Senator WARNER and Senator to Georgia and holding a field hearing early in-person voting available for at KING—we worked on that managers’ there so we can hear firsthand from least 2 weeks before election day. That amendment and made it easier for people in the State on what is hap- is a proposal in our original For the rural areas, extended the time system, pening and why we must carry out the People, and it is in the managers’ and got at their concerns. And then constitutional duty in this Chamber to amendment that we are voting for clo- Senator MANCHIN has come up with act. ture on, and it is in Senator MANCHIN’s more ideas and more things we can do I urge my Republican colleagues to proposal. to make the bill strong. recognize the work being done in Another poll found that 83 percent of We heard from election officials that States to restrict the freedom of Amer- likely voters support public disclosure requiring States to accept mail-in bal- icans to exercise their sacred right to of contributions to groups involved in lots for too long after election day vote. Our Nation was founded on the elections—also the DISCLOSE Act in would delay them from certifying the ideals of democracy, and we have seen all three proposals. Yet some of my Re- results, so we shortened the window. for ourselves in this building how we publican colleagues want to limit dis- I could go on and on and on. In good can never take it for granted. closures. By the way, disclosures were faith, we have worked to make this bill We can’t let State legislatures get to championed by Justice Scalia. Yet work for America, and now it is time pick and choose who votes and what what happened in our committee hear- to allow for debate on this bill. votes get counted. That is not how de- ing on this, our markup? Republicans Our Republican friends on the other mocracy works. I urge all of my col- filed amendment after amendment to side of the aisle say this bill—this is leagues to do what the American peo- gut those provisions of the bill. one thing Senator MCCONNELL would ple are asking us to do and to do what So while they make claims—my say in the hearing—that it would cause is right. Vote today to bring us closer friends on the other side of the aisle— chaos. I say this: Chaos is a 5-hour wait to passing legislation to strengthen our that this isn’t popular, it is just not to vote. Senior citizens standing in the democracy. We can’t wait in line, and true. They claim it is not bipartisan. It hot Sun for 5 hours, for 10 hours—that we can’t make the people of America is just not true. The bill contains nine is chaos. Chaos is purging eligible vot- wait in line. The time to do this is now. bipartisan bills, including the Honest ers from voter rolls and modern-day I yield the floor. Ads Act, which I first introduced with poll taxes and one ballot box for a The VICE PRESIDENT. The majority Senator John McCain and Senator county of 5 million people, which is ex- leader. WARNER, and now Senator LINDSAY actly what they did in Harris County, Mr. SCHUMER. Madam President, GRAHAM took up that cause. Our provi- TX. That is exactly what is happening first, let me thank so many of my col- sion—that provision would finally hold in that State right now. Chaos is voters leagues, including our chair of Rules, the social media companies account- in Wisconsin waiting in line to vote for the Senator from Minnesota; our lead able to make sure that there are dis- hours in the rain in their homemade sponsor on this bill, Senator MERKLEY; claimers and disclosures on political masks and plastic garbage bags. The and so many others who have done so ads. angry mob on January 6 that came into much on this legislation. There is the work that I have done this very Chamber, that spray painted Now, what makes a democracy a de- with Senator LANKFORD and with you, the columns, that attacked police offi- mocracy? It is the right of citizens to Madam President, when you were in cers, that injured people left and choose their own leader; to forge their the Senate to make sure we have right—that is chaos. own destiny, rather than have it de- backup paper ballots. We still have As I said from the stage on Inaugura- cided for them; the right to vote; the eight States that don’t have backup tion Day under that bright blue sky right that generations of Americans paper ballots. That provision is in this where you could still see the spray have marched and protested to achieve; bill. paint at the bottom of those columns women who reached for the ballot; and Many of the bill’s provisions have al- and the makeshift windows we had in marchers who were bloodied on a ready been adopted in red, blue, and place—I said this: This is the day our bridge in Selma; the right that genera- purple States and have the support of democracy picks itself up, brushes off tions of American soldiers fought and Governors and election officials from the dust, and does what America al- died to defend, buried now in patriot both parties. ways does: goes forward as a Nation graves from Normandy to Gettysburg. Twenty-one States have same-day under God, with liberty and justice for And, right now, it is a fact—a fact— voter registration, including red States all. We cannot do that if Americans are that voting rights are under assault in like Idaho, Wyoming, and Iowa. That is disenfranchised, if they are not part of America in a way that we have not great, but our question should be, why our democracy. seen in many, many decades. Repub- don’t all 50 States have it, especially Republicans have sadly made it clear lican State legislatures are limiting when the Constitution of the United that this is not legislation they are polling hours, locations, and ballot

VerDate Sep 11 2014 04:03 Jun 23, 2021 Jkt 019060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JN6.044 S22JNPT1 dlhill on DSK120RN23PROD with SENATE June 22, 2021 CONGRESSIONAL RECORD — SENATE S4685 drop boxes, raising new ID barriers for lot box, reduce the influence of big money in tisan blockade of a pressing issue here students, making it a crime to give politics, strengthen ethics rules for public in the U.S. Senate, an issue no less fun- food and water to voters in line, and in servants, and implement other anti-corrup- damental than the right to vote. States like Texas, trying to move Sun- tion measures for the purpose of fortifying I have laid out the facts for weeks. our democracy, and for other purposes. Republican State legislatures across day voting hours so it is harder for Charles E. Schumer, Jeff Merkley, Amy Black churchgoers to go to the polls Klobuchar, Jacky Rosen, Sheldon the country are engaged in the most after services. Whitehouse, Richard J. Durbin, Jon sweeping voter suppression in 80 years, It is the most sweeping voter sup- Ossoff, Tammy Baldwin, Debbie Stabe- capitalizing on and catalyzed by Don- pression effort in at least 80 years, tar- now, , , Ron ald Trump’s Big Lie. These State gov- geting all the ways that historically Wyden, , Raphael ernments are making it harder for disenfranchised voters—Black and Warnock, Benjamin L. Cardin, Edward younger, poorer, urban, and non-White Brown Americans, students, the work- J. Markey, Bernard Sanders. Americans to vote. ing poor—access the ballot. The VICE PRESIDENT. By unani- Earlier today, the Republican leader We can disagree about solutions to mous consent, the mandatory quorum told reporters that ‘‘regardless of what this problem, about which policies call has been waived. may be happening in some States, might be more effective, but we should The question is, Is it the sense of the there’s no rationale for Federal inter- all agree this is a problem. We should Senate that debate on the motion to vention.’’ The Republican leader flatly all agree that protecting voting rights proceed on S. 2093, a bill to expand stated that no matter what the States is worthy of debate, and that is what Americans’ access to the ballot box, re- do to undermine our democracy—voter this next vote is about. Should the U.S. duce the influence of big money in poli- suppression laws, phony audits, par- Senate even debate—even debate—how tics, strengthen ethics rules for public tisan takeovers of the local election to protect the voting rights of our citi- servants, and implement other anti- boards—the Senate should not act. zens? corruption measures for the purpose of My colleagues, if Senators 60 years The story of American democracy is fortifying our democracy, and for other ago held that the Federal Government full of contradictions and halting purposes, shall be brought to a close? should never intervene to protect vot- progress. At the time of our Constitu- The yeas and nays are mandatory ing rights, this body would have never tion’s ratification, you had to be, in under the rule. passed the Voting Rights Act. The Re- most States, a White, male, Protestant The clerk will call the roll. publican leader uses the language and the logic of the southern Senators in landowner to vote. How many in this The legislative clerk called the roll. the 1960s who defended States’ rights, Chamber—how many of us would have The yeas and nays resulted—yeas 50, and it is an indefensible position for been able to participate in those first nays 50, as follows: any Senator—any Senator—let alone elections? [Rollcall Vote No. 246 Leg.] the minority leader, to hold. Yet that The truth is, many of us, particularly YEAS—50 was the reason given for why Repub- on our side of the aisle, would not have Baldwin Hickenlooper Reed licans voted in lockstep today: Regard- been able to vote. But ever since the Bennet Hirono Rosen less of what may be happening in some early days of the Republic, Americans Blumenthal Kaine Sanders Booker Kelly States, there is no rationale for Fed- launched mighty movements, fought a Schatz Brown King Schumer eral intervention. bloody civil war, and, yes, passed Fed- Cantwell Klobuchar Shaheen That is both ridiculous and awful. All eral election laws to expand the fran- Cardin Leahy Sinema ´ we wanted to do here on the floor was Carper Lujan Smith chise until there were no more bound- Casey Manchin Stabenow to bring up the issue of voting rights aries. Coons Markey Tester and debate how to combat these vi- Are we in a backslide here in the 21st Cortez Masto Menendez Van Hollen cious, oftentimes discriminatory vot- century? Are we going to let reac- Duckworth Merkley Durbin Murphy Warner ing restrictions, and today, every sin- tionary State legislatures drag us back Feinstein Murray Warnock gle Democratic Senator stood together Warren into the muck of voter suppression? Gillibrand Ossoff in the fight to protect the right to vote Are we going to let the most dishonest Hassan Padilla Whitehouse Heinrich Peters Wyden in America. The Democratic Party in President in history continue to poison the Senate will always stand united to our democracy from the inside or will NAYS—50 defend our democracy. we stand up to defend what generations Barrasso Graham Portman I spoke with President Biden earlier of Americans have organized, marched Blackburn Grassley Risch this afternoon as well. He has been for, and died for—the sacred, sacred Blunt Hagerty Romney Boozman Hawley Rounds unshakeable in his support of S. 1, and right to vote, the thing that makes a Braun Hoeven Rubio I want to thank the President and the democracy a democracy. Burr Hyde-Smith Sasse Vice President for their efforts. But re- I plead with my Republican col- Capito Inhofe Scott (FL) grettably—regrettably—our efforts Cassidy Johnson Scott (SC) leagues. Stand up, my Republican col- Collins Kennedy were met by the unanimous opposition Shelby leagues. Stand up to a man who has Cornyn Lankford Sullivan of the Senate minority. Cotton Lee lied. We all know he has lied. You Thune Once again, Senate Republicans have know he has lied about our elections. Cramer Lummis Crapo Marshall Tillis signed their names in the ledger of his- Do not let this man lead you around by Cruz McConnell Toomey tory alongside Donald Trump, the Big the nose and do permanent damage to Daines Moran Tuberville Lie, and voter suppression, to their en- our democracy. At least have the de- Ernst Murkowski Wicker during disgrace. This vote, I am Fischer Paul Young cency and honor to let this Chamber ashamed to say, is further evidence debate. I urge my colleagues to vote The VICE PRESIDENT. On this vote, that voter suppression has become part yes. the yeas are 50, the nays are 50. of the official platform of the Repub- I yield the floor. Three-fifths of the Senators duly cho- lican Party. CLOTURE MOTION sen and sworn not having voted in the Now, Republican Senators may have The VICE PRESIDENT. Pursuant to affirmative, the motion is rejected. prevented us from having a debate on rule XXII, the Chair lays before the Mr. SCHUMER. Madam President. voting rights today, but I want to be Senate the pending cloture motion, The VICE PRESIDENT. Mr. Majority very clear about one thing: The fight which the clerk will state. Leader. to protect voting rights is not over, by The bill clerk read as follows: Mr. SCHUMER. Madam President, I no means. In the fight for voting want to be clear about what just hap- rights, this vote was the starting gun, CLOTURE MOTION pened on the Senate floor. Every single not the finish line. Let me say that We, the undersigned Senators, in accord- Senate Republican just voted against ance with the provisions of rule XXII of the again. In the fight for voting rights, Standing Rules of the Senate, do hereby starting debate—starting debate—on this vote was the starting gun, not the move to bring to a close debate on the mo- legislation to protect Americans’ vot- finish line. tion to proceed to Calendar No. 77, S. 2093, a ing rights. Once again, the Senate Re- As many have noted, including my bill to expand Americans’ access to the bal- publican minority has launched a par- friend Senator WARNOCK this morning,

VerDate Sep 11 2014 05:25 Jun 23, 2021 Jkt 019060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JN6.045 S22JNPT1 dlhill on DSK120RN23PROD with SENATE S4686 CONGRESSIONAL RECORD — SENATE June 22, 2021 when John Lewis was about to cross pointed to the U.S. Supreme Court 2 didate for Vice President, and the par- that bridge in Selma, he didn’t know months—2 months—after his secret ty’s major funder. The Koch family is what waited for him on the other side. corporate power game plan went to the spectacularly, unimaginably rich. Pri- He didn’t know how long his march chamber. The execution of the Powell vately held Koch Industries pours hun- would be, and his ultimate success was plan was one of three converging dreds of millions of dollars into their never guaranteed, but he started down threads that led to the scheme to cap- pockets every year. The family annual that bridge anyway. Today, Democrats ture the Court. income exceeds most families’ dreams started our march to defend the voting The Powell plan, thread one, was a of lifetime wealth. The Kochs have so- rights of all Americans. It could be a political response recommended for cial ambition, putting their names on long march, but it is one we are going America’s traditional corporate elite, educational TV programs, art centers, to make. which had been traumatized by the so- and university buildings. They are not Today, we made progress. For the cial upheaval of the 1960s. The second the sort of people who take humilia- first time in this Congress, we got all thread, thread two, was a separate tion well. They are also not stupid, and 50 Democrats unified behind moving strain of American ire that had been the family has long and sometimes forward on a strong and comprehensive simmering on our society’s fringe for dark international experience, includ- voting rights bill. And make no mis- many decades. The extremists on this ing odious efforts in previous decades take about it, it will not be the last simmering fringe were traumatized by to build factories for evil regimes. time that voting rights comes up for a things long accepted as mainstream by Made confident by the arrogance of debate in the Senate. most Americans. wealth, driven by extremist ideology, Republicans may want to avoid the The fringe resentments shifted with spurred by the resentment of topic, hoping that their party’s efforts the varying tides of news and events humiliating political rejection, experi- to suppress votes and defend the Big but regularly boiled over against sev- enced in the devious ways of the inter- Lie will go unnoticed. Democrats will eral targets. One was the role of Jewish national world, steeped in the cor- not allow that. Democrats will never people in finance, the press, Hollywood, porate skills of long-term planning and let this voter suppression be swept and—after FDR—in government. An- patient execution, and with unlimited under the rug. other was the improving economic and resources to indulge themselves, the We have several serious options for social condition of minorities. Another Koch brothers, Charles and David, were how to reconsider this issue and ad- was the arrival of immigrants, particu- uniquely positioned to take this long- vance legislation to combat voter sup- larly non-European immigrants; but standing, latent, extremist fringe and pression. We are going to explore every backlash to immigration from Ireland amplify it and direct it, by plan, in se- last one of our options. We have to. and Italy had been profound, as my cret, and over decades if need be. Voting rights are too important, too home State experienced back under the If front groups needed to be set up, so fundamental. This concerns the very Know-Nothings. Other resentments be it; subsidiaries were a familiar con- core of our democracy and what we are sprang from imaginary events, con- cept. If identities needed to be about as a nation, so we will not let it spiracy theory delusions, and crackpot laundered off money they gave, so be go. We will not let it die. This voter ideas. it; telling lawyers to find or design a suppression cannot stand, and we are This persistent strain along the way to do that was familiar. If fringe going to work tirelessly to see that it American fringe was chronicled in Pul- groups needed to be coordinated to does not stand. itzer Prize-winning Richard work collectively with each other, so I yield the floor. Hofstadter’s 1964 essay, ‘‘The Paranoid be it; organizing with others through I suggest the absence of a quorum. Style in American Politics,’’ later a trade associations and lobbying groups The VICE PRESIDENT. The clerk popular book. This latent strain of was familiar activity. And if money will call the roll. paranoid extremism showed itself in needed to be spent, well, so be it; The senior assistant legislative clerk groups like the John Birch Society, money was no object, and getting peo- proceeded to call the roll. which never gained social or political ple to do things for you for money is a Mr. WHITEHOUSE. Mr. President, I acceptance. It was fed and nurtured by familiar practice of the very rich. ask unanimous consent that the order a handful of rightwing foundations set The nurture and guidance of the for the quorum call be rescinded. up by a few colossally rich and politi- Kochs breathed new strength and life— The PRESIDING OFFICER (Mr. cally irate and frustrated families. It and deregulatory purpose—into the na- PETERS). Without objection, it is so or- boiled up in the Presidential campaign tivist far-right fringe. Meanwhile, in dered. of Senator Barry Goldwater, which the regulatory arena, waited the third U.S. SUPREME COURT ended in one of the worst landslide de- of the three threads. Major corporate Mr. WHITEHOUSE. Mr. President, I feats in American history. It drove the interests—from the railroads first to am delighted to follow the majority occasional aspirations of the Liber- banks, chemical companies, and pol- leader and his strong remarks about tarian Party, whose extremist platform luting industries—had assembled, over the beginning of the process of passing suffered predictable but humiliating time, a quietly powerful presence to S. 1, not only to deal with the question crushings at the polls. All of this de- help them in administrative Agencies; of voting rights but to deal with the feat, over all of these decades, con- to make sure that regulation was question of the dark money plague that centrated the strain, isolated its most friendly to business, and, even more is infesting our democracy and taking persistent and determined elements, than that, under the right cir- the power over decision making in this and added to it an emotional payload cumstances, with the right people and body and in this building away from of resentment. pressures, could be turned to advantage regular people and putting it into the One target of this fringe was the ex- of the regulated industry. hands of not only special interests but istence of government regulation. The In administrative hearings and of special interests who are happy to Libertarian Party, in 1980, ran on a rulemakings, regulated industries reg- operate in secret. platform of ending Social Security, ularly outgunned public interest One of the ways in which this power ending Medicare, closing the post of- groups. Law firms dedicated to this lu- has been deployed has been with re- fice, undoing the American highway crative corporate regulatory practice spect to the judicial branch of govern- program, stopping public education, sprouted. Gleaming stables were kept ment. And I am here now for my third and eliminating all our public regu- of well-tended professional witnesses speech in ‘‘The Scheme’’ series to draw latory agencies—even the Federal who could reliably spout the corporate attention to this problem. Aviation Administration that keeps line in Agency proceedings. In the first two ‘‘Scheme’’ speeches, I planes from bumping into each other. Companies played the long game in described the corporate power game This platform barely attracted 1 per- these regulatory Agencies, of accreting plan offered by lawyer Lewis Powell to cent of the vote, an unsurprising but minor victories, step-by-step, inch-by- the U.S. Chamber of Commerce and the humiliating crushing. That inch, but that together summed up to subsequent effectuation of that game humiliating crushing was suffered by major gains. Many of these gains were plan by Justice Lewis Powell, ap- David Koch, Libertarian Party can- deeply buried in the weeds of arcane

VerDate Sep 11 2014 04:03 Jun 23, 2021 Jkt 019060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JN6.048 S22JNPT1 dlhill on DSK120RN23PROD with SENATE June 22, 2021 CONGRESSIONAL RECORD — SENATE S4687 policy and technical detail, inscrutable different place as a result of it. Much of sion, and if that senior citizen has the to the general media and so invisible to it, like the proverbial frog in the pro- temerity to vote in a way the operative the general public. verbial pot, we have even gotten used doesn’t like, there is nothing to pre- Revolving doors spun between regu- to, and we accept it now as normal, vent the operative from throwing that latory Commissions and industry, so when it isn’t. ballot in the mail and simply not send- that Agency decision makers often re- To be continued. ing it in, only sending in the ballots flected the values, priorities and inter- I yield the floor. that happen to comply with their own ests of the regulated industry, not the I suggest the absence of a quorum. political preference. If you care even general public. At the extreme, the reg- The PRESIDING OFFICER. The one whit about election integrity, ulatory Agency became servant to the clerk will call the roll. striking down every prohibition on bal- industry master—a phenomenon well The senior assistant legislative clerk lot harvesting is precisely the wrong known and well documented as regu- proceeded to call the roll. step to take. latory capture. I wrote a separate book Mr. CRUZ. Mr. President, I ask unan- The ‘‘Corrupt Politicians Act’’ would on this, ‘‘Captured,’’ so I won’t dwell imous consent that the order for the also automatically register to vote on it at great length here. It is enough quorum call be rescinded. anyone who comes in contact with the to note that regulatory capture is so The PRESIDING OFFICER. Without government. So if you get a welfare common that it has been a robust field objection, it is so ordered. check, you get an unemployment of academic research and writing now The Senator from Texas. check, you get a driver’s license, you for decades, both in economics and in Mr. CRUZ. Mr. President, I rise today go to a State college or State univer- administrative law. to celebrate a win for the country. sity, you are automatically registered So these three socioeconomic strands Today, the United States rightfully to vote. What is the problem with that? converged. America’s regular corporate failed to advance the ‘‘Corrupt Politi- The problem with that, as the authors elite took up the Powell memo strat- cians Act,’’ meaning that this bill will of the bill know, is that would register egy of emboldened political engage- not come to the Senate floor for a final millions of illegal aliens to vote. Mil- ment, seeking to reclaim their power vote. This is a huge win for the citizens lions of illegal aliens come into con- and restrain the unwelcome changes of the United States. This is a huge win tact with the government, and auto- roiling American society. The extrem- for democracy, and it is a huge win for matic registration is designed to reg- ists of great wealth brought to the the integrity of our elections. ister millions of illegal aliens. rightwing fringe and its motley array The ‘‘Corrupt Politicians Act’’ is the How do we know this? We know this, of extremist groups an unprecedented most dangerous legislation we consid- among other things, because the bill strategic discipline, unlimited re- ered in the Senate in the 9 years I explicitly immunizes the State offi- sources, and the tactics of hard-edged served in this body. It is an attempt by cials who would be registering illegal corporate organization. The regulatory Senate Democrats at a brazen power aliens to vote. It grants a safe harbor capture apparatus was there for the grab. It is an attempt by Democrats to and says, when you illegally register il- hiring, eager to pursue the new pros- federalize elections and to ensure that legal aliens, you will have no liability. pects offered by big industries and ec- Democrats won’t lose control for the If you care about the integrity of elec- centric billionaires. Out of this slum- next 100 years. tions, registering millions of illegal gullion of immense wealth, extreme po- This bill isn’t about protecting the aliens to dilute and steal the votes of litical ambition, and expertise at regu- right to vote. It is precisely the oppo- legal American citizens is exactly the latory capture, how long would it take site. It is about taking away the right opposite way to go. for people to start thinking about cap- to vote from the citizens and giving it Not only that, many States have rea- turing not just regulatory Agencies but instead to the corrupt politicians in sonable restrictions on felons and on courts—indeed the U.S. Supreme Washington who want to stay in power. criminals voting. What does the ‘‘Cor- Court? The ‘‘Corrupt Politicians Act’’ would rupt Politicians Act’’ do? It strikes all As it turned out, not long. The Court strike down virtually every common- of those down and instead mandates had made itself a target of the right- sense voter integrity law adopted by that all felons should be allowed to wing. Brown v. Board of Education pro- States across the country. Thirty-six vote—murderers, rapists, child molest- voked massive resistance across the States have adopted voter ID laws, a ers all allowed to vote because Demo- South out to defend segregated public reasonable and commonsense step to crats have made the cynical calcula- schools. Roe v. Wade provoked, as it protect the integrity of elections that tion that if millions of illegal aliens still provokes, the religious right. So over 70 percent of Americans support are allowed to vote and millions of did Engel v. Vitale, restricting prayer and over 60 percent of African Ameri- criminals and felons are allowed to in schools. Griswold v. Connecticut of- cans support. In fact, recent polling vote, that those individuals are likely fended those upset by the sixties sexual now shows support for voter ID at over to vote Democrat and Democrats want revolution. Miranda v. Arizona, Mapp 80 percent, thanks, no doubt, to the re- to stay in power. v. Ohio, and Gideon v. Wainwright of- lentless assault to voter ID mounted by The bill also prevents States from fended the tough-on-crime crowd. To Senate Democrats. The ‘‘Corrupt Poli- correcting voter rolls and from remov- the far right, the Supreme Court of- ticians Act’’ would repeal the vast ma- ing people who passed away. You can’t fered a bounty of things to hate. Even jority of these voter ID laws. go in when someone’s dead and say, without the Powell Memo’s corporate Likewise, 31 States prohibit ballot you know, dead people shouldn’t be plan of ‘‘exploiting judicial action’’ harvesting, the corrupt practice of pay- voting. No, this bill mandates: Leave ‘‘with an activist-minded Supreme ing political operatives to collect other the dead people on the rolls—another Court,’’ the Court would likely have people’s ballots. What would the ‘‘Cor- step designed to invite fraud. been an irresistible target. rupt Politicians Act’’ do? It would Moreover, the ‘‘Corrupt Politicians But with that plan and that rec- strike down all of those laws in 31 Act’’ is welfare for politicians. This bill ommendation, it began to come to- States and would mandate ballot har- is designed to give hundreds of millions gether. And so the scheme was vesting nationwide. It would mean that of dollars every year to corrupt incum- launched, fed by three political tribu- paid political operatives from the bent politicians to keep them in power. taries: one, the corporate plan in Lewis Democratic National Committee could It matches, for contributions under Powell’s memo to the Chamber; two, go to nursing homes and collect votes— $200, 6 to 1 Federal funds so that the the resurgent Koch-powered, far-right some of those votes, no doubt, from in- Members of this body would receive, fringe; and three, the eager, available dividuals who may be no longer com- collectively, over a billion dollars in mercenaries of regulatory capture. petent to make a decision. The reason Federal funds to stay in power. That is The effort to capture the Court has 31 States have acted to ban ballot har- great if you are a corrupt politician likely been the most effectual deploy- vesting is it invites voter fraud. An un- who wants to prevent a challenger ment of rightwing and corporate re- scrupulous operative can fill out the from ever defeating you. And if you sources into our common American po- ballot for a senior citizen who no want to prevent the voters from mak- litical life, and America is now a very longer has the capacity to make a deci- ing a different choice, then you flood

VerDate Sep 11 2014 04:03 Jun 23, 2021 Jkt 019060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JN6.050 S22JNPT1 dlhill on DSK120RN23PROD with SENATE S4688 CONGRESSIONAL RECORD — SENATE June 22, 2021 them with Federal funds to make it so party that was out of power. You would I yield the floor. you can’t beat corrupt incumbents, but rightly feel that it was grotesquely un- The PRESIDING OFFICER (Ms. HAS- that is not what you do if you want to fair; yet that is what every Senate SAN). The Senator from New York. protect the right to vote. Democrat just voted to create. UNANIMOUS CONSENT REQUEST—S. 1520 This bill is brazen. It is so brazen You know, the most pernicious as- Mrs. GILLIBRAND. Madam Presi- that the joke really is admitted in one pect of this bill has been the racial dent, I rise today for the 13th time to provision of the bill. The Federal Elec- demagoguery that it has invited. We call for every Senator to have the op- tion Commission was created in the have heard the Senate majority leader portunity to vote on a commonsense, wake of Watergate, designed to protect invoke, in booming terms, specters bipartisan bill, the Military Justice integrity in our elections. It was, from from our sorry history of racial dis- Improvement and Increasing Preven- the beginning, designed to be bipar- crimination in the past. The Senate tion Act. tisan—three Republicans, three Demo- majority leader has used the phrase This bill would ensure that members crats—because Congress recognized ‘‘Jim Crow 2.0’’ repeatedly—as has the of our military would get the justice that a partisan Federal Election Com- President of the United States, as has and the justice system that their sac- mission would be deeply injurious to the Vice President of the United rifices deserve. We do not have time to our democracy, that to have a Federal States—deliberately inflaming racial delay. I began calling for a floor vote Election Commission with any integ- tensions, suggesting that laws, com- on this bill on May 24. That is 29 days rity, it needed to be bipartisan, which monsense voter integrity laws in ago. Since then, it is estimated that means you needed a bipartisan major- States like Georgia and Texas, things 1,624 servicemembers will have been ity to act in order to ensure that nei- like requiring voter ID or requiring sig- raped or sexually assaulted. More will ther party weaponizes the Federal elec- nature verification on absentee ballots, have been victims of other serious tion laws. are somehow a modern manifestation crimes. What does the ‘‘Corrupt Politicians of Jim Crow. That is a grotesque lie. Many of them will feel that there is Act’’ do? It turns the Federal Election The majority leader knows that. The no point in even reporting the crime Commission into a partisan body, President of the United States knows because they have no faith in the cur- shifts it from three Republicans and that. The Vice President of the United rent military justice system. That is three Democrats to three Democrats States knows—they know they are because right now, if a servicemember and two Republicans. It turns it into lying. But, ironically, they inadvert- reports a crime, the case and their fate an arm of the Democratic Senate Com- ently said something that is accurate will be put into a commander’s hands. mittee, in effect. Nothing in this bill is about this piece of legislation. Jim This bill argues, instead, that our as cynical as that provision. We are in Crow legislation was grotesque and servicemembers who are victims of se- a 50–50 Senate. We have close elections ugly. It was legislation that was draft- rious crimes or who are accused of seri- ed, without exception, by Democratic in this race. ous crimes should have those cases re- The Presiding Officer is a sophisti- politicians. Jim Crow was written by viewed by an impartial, trained, mili- cated political player. I want you to Democratic politicians, and its pur- tary prosecutor. It does not say that ask for a second, in a close election, in pose, when the Jim Crow laws were commanders are removed from their the weeks before the election, if the written, were to prevent the voters responsibility with regard to the mili- Senate majority leader had the ability from ever voting out of office Demo- tary justice system. It doesn’t say that to launch investigations from the Fed- cratic politicians. It is one of the commanders are relieved of their re- eral Election Commission, to bring ugliest chapters of our Nation’s his- sponsibility of ensuring good order and tory. And thankfully, we repudiated prosecutions from the Federal Election discipline. Under this bill, commanders Jim Crow. Commission to sue the political oppo- will still have the full array of tools to Well, the majority leader used the implement good order and discipline— nents of the majority, how much would phrase ‘‘Jim Crow 2.0,’’ and inadvert- counseling, restriction, confinement, that invite abuse? ently, he is right, but not about what I understand right now Democrats he is describing. He is right about the protective orders, rank reduction, non- are in power of both Houses of Congress ‘‘Corrupt Politicians Act.’’ The ‘‘Cor- judicial punishment, summary court- and the White House. Power can be in- rupt Politicians Act’’ follows the exact martial, and even special court-mar- toxicating. But I do want to point out same pattern that Jim Crow did. It is tial. None of these change under the it wasn’t that long ago that the Pre- partisan legislation, written by elected law. siding Officer and I were both in this In addition, under today’s system, Democrats, designed to keep elected only 3 percent of commanders have the body—4 years ago—when there was a Democrats in office and to steal the Republican President and a Republican right to vote from the citizenry to de- right to do convening authority for House and a Republican Senate. You cide on somebody else. Democracy is general court-martial. So the truth is, didn’t see the Republican majority try too important for that. it is a small number of commanders anything as brazen as the ‘‘Corrupt And the kind of cynical racial dema- who will be even affected by this legis- Politicians Act.’’ You didn’t see a Re- goguery that we have seen around this lation. But I can promise you, the view publican majority trying to rig the bill, while ignoring the substance of from the servicemembers will be sig- game, trying to change the rules so it—and I will point out the media has nificant because they will now see that that Republicans could never be de- been eager to ignore the substance of if they are someone who has been as- feated in the next election. You didn’t it. The media says: Should we protect saulted or harassed or had any justice see the Republican majority trying to the right to vote? Yes, we should pro- need, that the person reviewing the turn the Federal Election Commission tect the right to vote. case would be highly trained and unbi- into a partisan weapon. This bill takes away your right to ased. And if you are a Black or Brown I ask you, what level of comfort vote. This bill is designed to prevent servicemember who is disproportion- would you have as an elected Democrat the voters from choosing to throw the ately punished under the current sys- if MITCH MCCONNELL had control of the bums out—the most fundamental right tem, you would know that the decision Federal Election Commission, if it of any voter to throw the bums out, maker was impartial, unbiased, and were Republican partisan agents? I whether they are one side or the other highly trained. This change is some- think you would be entirely justified in side. We the people have sovereignty, thing that will help both victims of being concerned that it would be used and this bill, the ‘‘Corrupt Politicians sexual assault and also defendants’ as a political weapon to hurt you. Your Act’’ was designed to take that power rights. last election was a relatively close from the people and give it to the poli- For serious crimes, we need both election. Imagine 2 weeks before the ticians in Washington. pieces of this puzzle, and this bill pro- election if a Republican Federal Elec- So today was a victory. It was a vic- vides both. It will still allow com- tion Commission had mounted a sweep- tory for the American people. It was a manders to take the administrative ing investigation in the massive cam- victory for democracy. It was a victory steps to send a message to their troops paign finance violations by the incum- for the Constitution. And it was a vic- about what is or is not tolerated, and bent Senator who happened to be of the tory for the rule of law. 97 percent of them have to do that

VerDate Sep 11 2014 04:03 Jun 23, 2021 Jkt 019060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JN6.052 S22JNPT1 dlhill on DSK120RN23PROD with SENATE June 22, 2021 CONGRESSIONAL RECORD — SENATE S4689 every day without having convening face commanders and face subordi- Military on February 26, 2021, chartered to authority for general court-martial. It nates. They have a unique, I think, po- address the multiple aspects and factors of will allow for victims and their fami- sition within the system. In addition, this issue. It is my belief we have not made sufficient progress in recent years to elimi- lies to get real justice. the military will have to implement nate sexual assault, and we have con- The Military Justice Improvement whatever system Congress devises, and sequently lost the trust and confidence of and Increasing Prevention Act will de- it will require their expertise and skill. many Soldiers, Sailors, Airmen, Marines, liver the results that our servicemem- Madam President, I ask unanimous and Guardians in the chain of command’s bers and their families deserve without consent to have printed in the RECORD ability to adjudicate these serious crimes. I compromising command authority. a letter from the Chairman of the Joint intend to reserve judgement until I have an That is what our allies have said. The Chiefs of Staff to Senator INHOFE. opportunity to review the final recommenda- There being no objection, the mate- tions of the Independent Review Commission UK, Germany, Israel, Australia, the to determine the merits of any such rec- Netherlands, and Canada have all testi- rial was ordered to be printed in the ommendations vis-a-vis proposed legislation fied to our body in various hearings RECORD, as follows: currently in the Senate and House of Rep- and various committees that they saw CHAIRMAN OF THE JOINT CHIEFS resentatives. no diminution in command control and OF STAFF, I remain committed to providing you my no diminution in the ability to prepare Washington, DC. candid personal views and will do so after I Hon. JAMES M. INHOFE, have reviewed the recommendations of the and train troops. Commission. I look forward to providing you The truth is that this is a reform U.S. Senate, Washington, DC. my personal assessment on this matter in whose time has come, and every DEAR SENATOR INHOFE: Thank you for your the near future. minute we delay, we are not standing continued support and sincere interest in as- Sincerely, by our servicemembers. It is a change sessing the impact of proposed legislation on MARK A. MILLEY, that has been supported by veterans the Armed Forces. As I understand the scope General, U.S. Army. groups across the country. Whether it of the ‘‘Military Justice Improvement and Mr. REED. Madam President, I won’t is the Iraq and Afghanistan association Increasing Prevention Act of 2021,’’ the draft quote from this letter at length now, of veterans, whether it is the Vietnam bill would remove the commander from deci- but I would just point out that the sions for all non-military offenses and felony veterans association, whether it is the Chiefs are open-minded about changing cases punishable by one year or more, in- the way we prosecute sexual assault Foreign Legion or the Veterans of For- cluding the following: prohibited activities eign Wars, military veterans support with military recruits or trainees by a per- and harassment within the ranks. So this bill. son in position of special trust: wrongful am I. In fact, I think that is something This is a change whose time has broadcast or distribution of intimate visual that I hope becomes clear in our come, and I request that we have a images: murder; manslaughter: death or in- progress legislatively moving forward. floor vote to decide this. jury of an unborn child; child endangerment; But they nevertheless stress the impor- Sixty-six Senators on a bipartisan rape and sexual assault; mails: deposit of ob- tance of ensuring that any change Con- basis support this. The committee has scene matter; rape and sexual assault of a gress enacts must be carefully tailored child; other sexual misconduct; larceny and to address the problems we are trying been addressing this issue for 8 years. wrongful appropriation; fraudulent use or We have already passed 250 smaller re- to solve, and the critical problem we credit cards, debit cards, and other access de- are trying to solve is sexual assault, forms, none of which has had a dent on vices; false pretenses to obtain services; rob- the problem. It is time to do the reform bery; frauds against the United States; brib- sexual harassment, any kind of crime that survivors have asked for and that ery; graft; kidnapping; arson, burning prop- dealing with sexual misconduct. veterans organizations support. erly with intent to defraud; extortion; aggra- In addition, adequate time and re- I ask unanimous consent that at a vated assault; assault with intent to commit sources must be afforded for imple- time to be determined by the majority murder, voluntary manslaughter, rape, sex- menting any of the changes that we ual assault, rape of a child, sexual assault of propose. The nature and the magnitude leader in consultation with the Repub- a child, robbery, arson, burglary, or kidnap- of change we are contemplating here is lican leader, the Senate Armed Serv- ping; maiming; domestic violence; stalking; complex; we have to make sure we do ices Committee be discharged from fur- perjury; subordination of perjury; obstruct- this right. ther consideration of S. 1520 and the ing justice; misprision or serious offense; Further, we have heard over the past Senate proceed to its consideration; wrongful refusal to testify; prevention or au- few years from the leadership of the that there be 2 hours for debate equally thorized seizure of property; noncompliance with procedural rules; wrongful interference military service Judge Advocate Gen- divided in the usual form; and that erals’ Corps, who have uniformly op- upon the use or yielding back of that with adverse administrative proceeding; and retaliation, posed these changes in nature and time, the Senate vote on the bill with The Uniform Code of Military Justice ex- scope. These are the military lawyers, no intervening action or debate. ists to provide justice and to maintain good the very military justice experts to The PRESIDING OFFICER. Is there order and discipline, both of which directly whom this bill would invest authority objection? contribute to unit cohesion and U.S. mili- currently reserved to commanders. I Mr. REED. Madam President. tary effectiveness in combat. The military is believe we should listen to them as The PRESIDING OFFICER. The Sen- unique in that commanders must maintain well and move prudently and delib- ator from Rhode Island. good order and discipline in order to success- fully perform on the battlefield under the erately to address the problem at hand. Mr. REED. Madam President, I would So, as I have said a number of times like to thank my colleague from New most intense of circumstances. Commanders’ orders must have the force or law, and all already, I intend to include the admin- York for her work to move this issue within his or her unit must acknowledge this istration’s recommendations that de- forward. But once again, I would object authority. With this responsibility to en- rive from the President’s Independent to the request for the reasons I have force the rule of law comes accountability. Review Commission in the markup of previously stated. It is my professional opinion that remov- the Defense bill, subject to amend- In addition, today the ranking mem- ing commanders from prosecution decisions, ment, not to move the bill on the floor ber of the committee, Senator INHOFE, process, and accountability may have an ad- without the chance for my colleagues released the written views of each verse effect on readiness, mission accom- plishment, good order and discipline, justice, in the committee to have their voices member of the Joint Chiefs of Staff, unit cohesion, trust, and loyalty between heard. These ladies and gentlemen have which he had requested on Senator commanders and those they lead. However, dedicated themselves to military pol- GILLIBRAND’s proposed legislation. in the specific and limited circumstance of icy for many years. They are experts in I understand that some in our body sexual assault, I remain open-minded to all different dimensions of this issue, and might discount these views of senior solutions. This is a complex and difficult they will add significantly to the de- military leadership, and that is their issue. I urge caution to ensure any changes bate. prerogative. But I do believe it is im- to commander authority to enforce dis- To simply take a bill and send to it portant that their voices be part of the cipline be rigorously analyzed, evidence- the floor without amendments I think public discourse. They have dedicated based, and narrow in scope, limited only to sexual assault and related offenses. is not the way to proceed. I anticipate their lives to the service of this Nation. As I am sure you are aware, the Secretary a bill that will be strengthened They have led troops in combat. They of Defense established the Independent Re- through debate and discussion and de- have experienced all of the issues that view Commission on Sexual Assault in the liberation by the committee.

VerDate Sep 11 2014 05:25 Jun 23, 2021 Jkt 019060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JN6.053 S22JNPT1 dlhill on DSK120RN23PROD with SENATE S4690 CONGRESSIONAL RECORD — SENATE June 22, 2021 With that, I would reiterate my ob- and in the entire 10 years, our com- after State around the country: trying jection to Senator GILLIBRAND’s re- mittee has failed. It is time to bring to win, not by the addition and mul- quest. this bill to the floor. tiplication of democracy, but by sub- The PRESIDING OFFICER. The ob- I yield the floor. traction and by division. jection is heard. I suggest the absence of a quorum. And so why are these States doing The Senator from New York. The PRESIDING OFFICER. The this at this moment? They are doing it Mrs. GILLIBRAND. Madam Presi- clerk will call the roll. because of the Big Lie that was per- dent, I disagree with the chairman be- The legislative clerk proceeded to petrated in the aftermath of our Presi- cause the service chiefs and com- call the roll. dential election, a lie that the former manders for the last 8 years have ob- Mr. VAN HOLLEN. Madam Presi- President persists in spewing and re- jected to any serious reform. In fact, dent, I ask unanimous consent that the peating to this very moment, the lie they have said time and again ‘‘Trust order for the quorum call be rescinded. that he was somehow cheated or robbed us. Trust us. We will get this right’’ The PRESIDING OFFICER. Without out of an election that led to the at- and have objected to any major reform. objection, it is so ordered. tack on this Capitol on January 6. In fact, that is what they did any- FOR THE PEOPLE ACT OF 2021 It is that lie that is giving rise to time we tried to reform the military— Mr. VAN HOLLEN. Madam Presi- these actions in State legislatures. It is they objected on the same basis, using dent, just a short time ago on this Sen- that lie that sadly led this body just a the same words, when we tried to re- ate floor, we witnessed a low point for short while ago to block consideration peal don’t ask, don’t tell. They ob- this body. We witnessed every Repub- of a bill to establish a commission to jected in the same way when we tried lican Senator voting against moving look at what happened on January 6. to allow women to get credit for being forward to consider legislation to That bill, too, was filibustered just like in combat. They objected in the same strengthen our democracy. We wit- this one, in order to prevent the Amer- way when we integrated the military. nessed all 50 Republican Senators vot- ican people from getting to the bottom So to hear these objections over and ing to block consideration of the For of the Big Lie. Republican Senators over again after the committee has the People Act. blocked that, too. They don’t want the studied this issue for 8 years and al- I don’t know why people are afraid of country to know, and they are per- lowed 250 reforms to be put into the debating this issue, which is so funda- fectly happy to allow all these State NDAA—all of which were OK by the mental to our country at this par- legislatures to put up barriers to vot- DOD—just flies in the face of reality. ticular point in time. This bill, the For ing as part of that Big Lie narrative. The military has demanded sole re- the People Act, has many important And we know it is a big lie for so sponsibility of these cases for the 8 provisions. One of them, of course, is to many reasons. Of course, President years that I have worked on this issue, establish minimum national standards, Trump and his campaign took their and have they dented the problem? No. to make sure that every eligible Amer- claims to courts throughout the coun- Sexual assaults were estimated at ican voter can access the ballot box. try. Over 60 courts said those were ri- 20,000 by the military last they count- That should be something we all want. diculous claims. President Trump’s ed. Has the rate of cases going to trial We should want every American eligi- own Justice Department and his Attor- increased? No. Has the rate of cases ble to vote to be out there exercising ney General, former Attorney General that have ended in conviction in- his or her right to vote, to participate Barr, before he stepped down, said creased? No. So under no measurable in the decision making in our democ- there was no wrongdoing in this elec- has the DOD got a handle on this. tion that would change any kind of racy. And yet not a single Republican For the chairman to say it has to go outcome. Senator voted to proceed with that de- through the committee, this issue has The President’s point person at the been going through the committee for 8 bate, even though this bill is more im- Department of Homeland Security, re- years. In fact, when I passed bipartisan portant now than ever before because sponsible for monitoring the integrity reform with people like Senator JONI we see, as we speak, Republican State of elections, has testified before Con- ERNST on the safe to report language, legislatures, in so many places around gress and said very clearly that the it was taken out in conference by the our country, voting to erect barriers to 2020 Presidential election was the most same DOD staff who didn’t want it in the ballot box. secure election in American history— We see this in State after State, a there in the first place. most secure in American history. That pure partisan power play to rig the So under the chairman’s view, this is from the person in charge of election rules, to win elections by subtraction— bill could certainly go through com- integrity in President Trump’s own ad- not to win elections through the hurly- mittee. We have more than half of the ministration. members. But I promise you, it will be burly debate over the issues of the day, So why are all these States enacting watered down or taken out in con- not to win elections by talking about these barriers to voting after an elec- ference because the chairman and the the agenda that somebody is advo- tion that the Trump Homeland Secu- ranking member are against it, and cating and why someone should vote rity Department said was the most se- they have the authority to do so. So he for a particular candidate. That is the cure in history? It is because so many is not offering a fair process. way it is supposed to be. But these are people turned out and voted in that se- The fact that this bill has 66 cospon- legislatures that are putting up bar- cure election and they didn’t like the sors—how many bills in America, in riers to make it harder for people to outcome. this body, have the support of TED access the ballot and specifically de- So when you don’t like the outcome CRUZ and LIZ WARREN, of MITCH signing these barriers to try to limit in elections, instead of taking your MCCONNELL and Senator SCHUMER? participation by people of color and by case to the American people and say- None. This is the kind of bipartisan bill younger voters. ing, Vote for us next time because here that this country is yearning for, the We saw that even before the after- is our agenda for the country, here is kind of commonsense reform that can math of this election. We saw it in the what we are going to do—instead, they protect servicemembers. aftermath of the Supreme Court deci- decided they are going to try to win by While the chairman is so interested sion in Shelby v. Holder. We saw Texas putting up barriers to try to prevent in supporting what the generals and and North Carolina and other States those large turnouts, especially from the admirals and the top commanders adopting these kind of restrictive vot- people of color, and we saw younger want, why does he not listen to the ing laws. You don’t have to take my voters come out in 2020. servicemembers themselves, to the word for it; the U.S. courts took a look So the decision to block this bill people who have suffered sexual as- at the North Carolina law that was from debate is just a continuation of sault, to the people who have suffered passed a number of years ago and said protecting the Big Lie. It is a continu- racial bias in prosecution? Those are that they targeted African-American ation of protecting the Big Lie that is the people he should be listening to, voters with ‘‘surgical precision’’ to try being fueled around the country by not the top brass. to keep them from accessing the voting Donald Trump’s continuous fraudulent We have deferred to them the entire booth, and that is exactly the kind of claims, which unfortunately have 10 years I have been on this committee, thing that is going on now in State seized the Republican Party.

VerDate Sep 11 2014 04:03 Jun 23, 2021 Jkt 019060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JN6.054 S22JNPT1 dlhill on DSK120RN23PROD with SENATE June 22, 2021 CONGRESSIONAL RECORD — SENATE S4691 We saw what happened in the House today was: We don’t even want to talk big contributions. That is another pro- of Representatives. LIZ CHENEY, a stal- about that. We don’t even want to de- vision that is in the For the People wart conservative, ousted from her bate that provision. Act. leadership position because she didn’t By the way, that provision, the DIS- Some people may disagree with that. pay homage to the former President. CLOSE Act, passed the House back in Come to the floor, debate it, offer an That is what is going on here. That is 2010, and it came here to the U.S. Sen- amendment to get rid of it, let’s vote. what is going on in the House, and that ate, and the Senate version of the DIS- But what we saw today was a refusal to is what is reflected in this vote today, CLOSE Act was debated on this Senate engage in the democratic process of de- the refusal to even debate a bill to floor, and 59 Senators at that time bate in consideration of a bill. They strengthen our democracy. Come to the voted to proceed with the bill. used this provision, the filibuster pro- floor, tell us what you don’t like, tell You might say: 59 Senators, that is vision, to block a bill to help protect us what you want to do. Do you really the majority; why didn’t it pass? Be- and strengthen our democracy, and believe that what these State legisla- cause of the filibuster rule. They need- that is a sad and shameful day in the tures are doing is a good thing for our ed 60. And 59 Senators said: We want U.S. Senate. democracy? disclosure. And 59 Senators said: Get But I am going to end with this. This I know it is easier not to have to talk rid of secret money. But because of the issue is not going away. I was glad to about that, easier to ignore that, but filibuster rule, it didn’t pass. It see that even as every Republican Sen- we are not going to let this issue go couldn’t get to final passage on a sim- ator voted no, every Democratic Sen- away. We are going to be here week ple majority. ator united together to say, We stand after week to make sure that we con- If that had passed back in 2010, we for the idea that we should have some tinue to push this For the People Act. wouldn’t have our airwaves flooded minimal national standards for access Now, in addition to the provisions to with secret money today. We would to the ballot booth to protect our de- establish minimal protections so every have done what the American people mocracy and that we should get rid of eligible voter can access the voting wanted. The DISCLOSE Act is in this secret money in politics. booth, the For the People Act also has bill now, and once again, 11 years later, Every Democrat said, Let’s proceed a number of very important provisions Republican Senators are filibustering to debate a bill that has those impor- that are overwhelmingly popular with the bill for the DISCLOSE Act. tant provisions in it. And so we are not the American people. One of them is They don’t want the American people going away. This is a vote that may be the incorporation of what is known as to know who is spending all of that a temporary setback, but it is my the DISCLOSE Act. money, mostly corporate money, flow- strong view that, at the end of the day, The DISCLOSE Act does a very sim- ing underground under the radar screen democracy will prevail in the sense ple thing: It gets rid of secret corporate through our political system to try to that it will be strengthened and that money being plowed into our elections elect candidates of the choice of what- the American people are not going to through these secret super PACs. You ever special interests are spending that stand for a process that reinforces the know what happened after the decision money. They don’t want you to know Big Lie that was perpetrated on this in Citizens United were two things. who they are, who is spending all that country. One, corporate money could flow in un- money to elect people. So why don’t we And so the good news—the good limited amounts into elections, but the all agree we are going to get rid of se- news, as I said, is every Democratic Supreme Court at the time said: You cret money? Apparently, we don’t even Senator said yes to moving forward, can at least be aware of who is spend- want to debate that. and we will find a way to get this done. ing this money if you pass laws to Another provision that is universally We will find a way to protect our de- make sure it is transparent. popular with the American people is mocracy. In fact, a lot of the Justices who the idea that we should have nation- I yield the floor. voted to overturn the Citizens United— wide nonpartisan congressional dis- The PRESIDING OFFICER. The Sen- excuse me, voted to allow corporate tricting. Let’s draw congressional dis- ator from . money in politics, who were the major- tricts not based on politics but based f ity in Citizens United, have also said in on some nonpartisan criteria. that same opinion that they essen- I think we all heard the line that it RECOGNIZING JULY 1, 2021, AS THE tially expected Congress to enact laws should not be the case that politicians 100TH ANNIVERSARY OF THE to ensure transparency. are picking the voters. Voters should GOVERNMENT ACCOUNTABILITY In fact, eight of the nine Supreme pick their elected officials. These days, OFFICE Court Justices in that case took that people can draw congressional district Mr. VAN HOLLEN. Madam Presi- position. Yet the Republican leader, maps with incredible precision with the dent, I ask unanimous consent the Sen- who in the early 2000s called for more use of computers. You can literally try ate proceed to the immediate consider- transparency when it came to money and draw a congressional district de- ation of S. Res. 282, which was sub- being spent in elections, is taking the signed to get exactly the electorate mitted earlier today. opposite idea: We don’t want the public they want. The PRESIDING OFFICER. The to know who is spending all that I don’t think that is the way the clerk will report the resolution by money. We want it to be secret. Founders expected it to end up work- title. I think most of us would agree and I ing, to get a computer that could draw The senior assistant legislative clerk know the American public agrees that these districts with that kind of preci- read as follows: they have a right to know who is sion and accuracy. And so one of the A resolution (S. Res. 282) recognizing July spending millions and millions of dol- other important provisions in the For 1, 2021, as the 100th anniversary of the Gov- lars to try to influence their votes. We the People Act is, Let’s draw congres- ernment Accountability Office and com- know that because survey after survey sional districts so that, we, the people, mending the service of the Government Ac- shows that Republicans, Democrats, can make these decisions without the countability Office to Congress and the and Independents all agree that they lines having been drawn to predeter- United States. should know who is spending all of this mine the outcome. That is also in this There being no objection, the Senate dark money. bill. proceeded to consider the resolution. When you see a TV commercial that It also has some other important pro- Mr. VAN HOLLEN. Madam Presi- says, ‘‘Paid for by the Committee for visions that I support to try to reduce dent, I further ask unanimous consent America,’’ you should know who is fi- the impact and influence of big money that the resolution be agreed to, the nancing that ad to try to influence contributors to allow people with less- preamble be agreed to, and the motions your vote. It is a very simple principle. er means to be able to contribute to to reconsider be considered made and Voters have a right to know. It was a elections and have some element of laid upon the table with no intervening principle agreed to by conservative ju- public financing so that the system is action or debate. rists like Justice Scalia. And yet the more geared toward the public interest The PRESIDING OFFICER. Without position of the Republican Senators than relying exclusively on the private objection, it is so ordered.

VerDate Sep 11 2014 04:43 Jun 23, 2021 Jkt 019060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JN6.056 S22JNPT1 dlhill on DSK120RN23PROD with SENATE