the presiding officer: the senator from kansas. a senator: i note the absence of a quorum. the presiding officer: the clerk will call the roll. quorum

quorum call:

mr. mcconnell: mr. president. the presiding officer: the majority leader. mr. mcconnell: i ask unanimous consent that the proceedings under the quorum call be dispensed with. mr. mcconnell: i ask that at 5:00 p.m. all postcloture time on the brownback nomination be considered expired and if confirmed, the motions to reconsider be considered made and laid upon the table, the president be immediately notified of the senate's action. i further ask that the vote on the james nomination occur at 1:45 on thursday, january 25,

with all the other provisions in effect. the presiding officer: is there objection? without objection.

mr. van hollen: mr. president. the presiding officer: the mr. van hollen: thank you, mr. president. i wanted to start my remarks today by focusing on a serious threat to our national security, and that is north korea's niewrm program, -- nuclear program, both its nuclear weapons program and its nuclear program. the u.s. must get north korea to engage in meaningful discussions

with the goal of denuclearizing the korean peninsula. that's why senator toomey and i introduced the brink act. and i was pleased to see changing of the guard here at the desk with the senator pennsylvania having been the presiding officer and the senator from colorado taking over. the senator from colorado has also been very deeply involved in this issue to try to make sure we address the threat of the north korea program. the brink act is bipartisan legislation. it passed unanimously out of the banking committee back on november 7. it imposes very tough sanctions on north korea and just as importantly has enforcement mechanisms to make sure that any financial institutions anywhere in the world who are not cooperating with the united states and our allies to impose

those sanctions on north korea, that those firms are personalized. it is a simple message, you can do business with north korea or you can do business with the united states. you cannot do business with both. mr. president, given this passed unanimously out of the banking committee on november 7, and that since then north korea has tested an icbm that analysts believe is capable of reaching the united states, we should move forward on this legislation now. in fact, just yesterday c.i.a. director pompeo said, and i quote, north korea is ever closer to being able to hold america at risk and that its nuclear weapons program is at a very rapid clip. we have no time to waste and we should move forward on the brink act and other legislation that came out of the foreign relations committee on this

issue. and i think we owe it to the american people to do this right away without further delay. mr. president, i'd like to turn now to another security threat to our country, a threat really to the core of our democracy, and that is foreign interference in our elections. we all know we have great divisions and differences on lots of issues around our country and in this body, the united states senate, but one thing that should unite us all, one principle that should bring us all together, democrats and republicans, alike, in fact, americans regardless of political party or political stripe, we should protect our democratic process, we should protect the integrity of our elections and democratic institutions. we know that our democracy has been under threat by foreign

powers that want to interfere in our democratic process. in a declassified report released in january of last year, this intelligence community unanimously -- unanimously assessed, i quote, russian president vladimir putin ordered an influenced campaign in 2016 aimed at the u.s. presidential election. unquote. as part of that campaign, the kremlin hacked and released e-mails of the d.n.c. it could be the d.n.c. yesterday, the r.n.c. tomorrow. 2016 they breached voter registration databases of state and local election boards. they hacked a major voter supplier and targeted american voters during the 2016 election

cycle. their goal was not just to disrupt the candidacy of secretary clinton. russia sought, and i quote, to undermine public faith in the u.s. democratic process. unquote. even more importantly, the unanimous consensus of the intelligence community was that moscow will apply its, quote, lessons learned, unquote, to future elections in the united states and around the world. we know that the cyberattacks on our election system will only get more aggressive and more sophisticated over time, and russia is not the only foreign power capable of waging a cyber war on our democracy. we should expect other hostile actor will seek to undermine our democratic system as well. with this in mind, even as we assess what happened in 2016,

it's really important that we come together to focus on what could happen in 2018 and beyond. we need to work together urgently to prevent these attacks on our democracy, and the question is, how do we do that? there e lots of things that we could be doing, but one way is to make very clear to any foreign adversary that the cost to interfering in our elections far outway the benefits. and -- outweigh the benefits. senator rubio and i recently introduced defending the elections from threats by establishing red lines, the deter act. the deter act is a bipartisan bill, and it is designed to be forward looking and to prevent foreign interference in our elections. it sends an unequivocal message to any foreign power, if you attack american candidates,

campaigns, or voting infrastructure, you will automatically face severe consequences and we will use the full range of our tools at our disposal to impose those punishments. to start, the deter act mandates regular reporting from the executive branch to the congress on foreign threats to our elections. specifically, it requires the director of national intelligence to issue a determination to congress not more than one month after every federal election on whether or not a forgn government or agentctingn behalf of a foreign government has interfered with that election. the director of national intelligence will talk to all of their colleagues in the intelligence community, make a determination as to whether or not there was interference in the election and report to congress as to whether that

answer is yes or no. the deter act lays out four red lines, four criteria which actors contribute cross without retaliation from the united states. if you go over this trip wire, you will face severe penalties. what are the trip wires? first, a foreign government cannot hack the infrastructure of elections and campaigns and then leak or alter that information. this ensures that a foreign power would pay a stiff price for leaking campaign e-mails or breaching voter registration databases, all actions russia undertook in 2016. second, a foreign government could not block or disrupt access to the infrastructure of campaigns and e-mails without tripping the penalty provisions. this means, for instance, that a foreign adversary could not launch distributed denial of service attacks on websites

providing voters with information on their polling locations. we've seen russia employ these attacks in parts of europe and they could do the same in the united states in the future. third, a foreign government cannot purchase advertising intended to influence an election, including online ads. this is already prohibited by our law, and so it makes sense to make this one of the red lines that cannot be crossed without suffering the penalty laid out in the bill. we know that russia purchased more than 3,000 facebook ads during the 2016 cycle to sow divisions with americans on issues like gun issues, black lives matters, they targeted this to maximize polarization. finally, the bill sets up

another red line, another trip wire, a foreign government cannot use social or traditional media to spread a significant amount of false information to americans. we know that russia ud robots. the kremlin established a troll farm in petersburg with staff dedicated to spreading this false and decisive content in the united states. under the bill i introduced with senator rubio, those actions would no go unpunished. those are the trip wires. those are the red lines established in the bill. and the director of national intelligence has to report after an election whether or not russia, or any other foreign power, tripped over those red lines. and then the bill is very clear. it says that if russia crosses

any of those red lines in a future election, a series of sweeping sanctions would be triggered within ten days of the determination by the director of national intelligence. and the bill lays out those sanctions very clearly. major sections of russia's economy, including finance, energy, metals and mining, would be subject to automatic pun mandatory -- -- automatic mandatory sanctions. every senior russian official for oligarch would be barred from entering the united states and would have their assets blocked. these sanctions are far, far stronger than any action taken to date with respect to russia, angd the -- and the deter act conveys to putin and others in moscow in unequivocal terms that the united states will not tolerate attacks on our democracy. if it does, and the director of

national intelligence reports to congress, these are automatic sanctions that take place. so if you're vladimir putin and you're trying to decide whether you want to mess around in the u.s. election, you have to recognize that if you get caughn 2016 -- it's just when they got caught, there were no automatic penalties. this time they have to consider that if they get caught, if this legislation passes the house and the senate and signed by the president, if they get caught, they will face very severe penalties. so the costs of getting caught are huge, and in my view something that would greatly deter russia or any other foreign power from tripping over those red lines. we should impose these costs to the extent we can in partnership with like-minded nations, especially our european allies,

which have long been subject to russia's cyber attacks on their democratic processes. that's why the deter act requires the administration to work with the european uniono take strong and collected measures against russia for its cyber meddling. mr. president, as we know, russia's not the only adversary capable of launching these kinds of attacks to diserupt our democracy. other hostile powers or other add v.r.e.sayer chris may look at what russia did in 2016 and what it's done in europe and they may, too, seek to exploit american vulnerabilities in future elections, and they will certainly look at that possibility if they know they can get away with it without paying any consequences. in fact, in testimony, the director last may identified china, iran, and north korea as

other major foreign governments that have the capability today to launch those kind of cyber threats against our democracy. so this legislation urges the administration top present congress with a deterrent strategy for each of these countries and any other foreign government likely to interfere on our elections going forward. so the bill that senator rubio and i have introduced would have automatic sanctions take place against the russian economy immediately upon a determination by the d.n.a. or within 30 days much a -- of a determination by the d.n.i. that they cross these red lines, but it also asks the administration to set up a similar regime with respect to these other countries so they would also face automatic penalties if they interfered in our elections. mr. president, let me end with

this. there is nothing more important to our democracy than making sure we protect the integrity of that process, and that should be something we agree on, and i know we agree on. i know we agree on as republicans and democrats. in fact, stepping back from party labels, we all want to make sure that we have free and fair elections, free of interference and intrusion from any adversary seeking to disrupt a democratic process. we also know, we also know both in our gut and from our intelligence agencies that russia and other foreign powers will continue to seek to interfere in our elections unless, unless they are deterred from doing so, and the only way to deter them from doing so is to make it absolutely clear in advance, in advance that if they

interfere and get caught, there will be an automatic penalty, and that that is a trip wire that's automatically triggered upon a finding by the d.n.i. that they have interfered in our election, and that's why it's so important to set this up right now before the november 18 elections, before future u.s. elections. to put this regime in place, to put this structure in place that says to vladimir putin and develop methods to make sure we have in place with respect to other countries that have a high risk of interfering in our elections, if you meddle, if you try to undermine our democracy, you will pay a penalty. don't do it. so, mr. president, i hope we will move together on a bipartisan basis to take this step to protect our democracy. thank you, and i suggest the absence of a quorum. the presiding officer: the clerk will call the roll. quorum call:

quorum call:

quorum call: ?" quorum call:

a senator: i ask at that time quorum call be vitiated. officer without objection. -- the presiding officer: without objection. mr. menendez: i come to the floor to express my concerns about sam brownback serve as ambassador as large for international religious freedom at state department. i do not take my vote against a former colleague's nomination lightly, nor do i question governor brownback's devotion to his own faith. indeed, as person of faith myself, i admire it. i firmly believe, however, that anyone seeking to represent the united states of america must actively champion the right of all people to worship freely and without fear. the right to religious freedom is enshrined in our constitution, and it is a value

that we champion at home and abroad. and having devote the my life to serving the people of new jersey, a state enriched by incredible diversity, i believe religious freedom part of what makes america exceptional. for even the 21st century we live in a world where governments and non-state actors still use religion as a tool of oppression. they cloak their authoritarianism into the guise of divine inspiration, using their faith to justify their persecution of anyone they choose. the u.s. ambassador for international religious freedom must commit to defending the rights of all religious minorities around the world -- christians and muslim, jews and sikhs, hindus and bahi. unfortunately, governor brownback's career has a for

those who do not share his beliefs. we must acknowledge publicly that people of all faiths are persecuted and demand equal representation. additionally his own personal record on important issues give me concerns. consider his troublesome record on protecting the rights of lg lgbtq individuals. i was keeply concerned that when pressed during his confirmation hearing, he could not even bring himself to muster a resounding no, that it is never acceptable for a government to imprison or execute an individual based on their sexual orientation. condemning such horrific human rights abuses should never be a heavy lift for anyone who seeks to represent our nation on the global stage. so i cannot in good faith support the confirmation of someone as ambassador-at-large for religious freedom who does not believe that all individuals

are created equally in god's image. during his hearing, governor brownback also declined to say whether political leaders should be able to use religion to deny women access to health care and deprive them of their basic human rights. his silence spoke volumes. at a time when the trump administration continues to expand the scope of the global gag rule to the effect of preventing health care workers from doing their jobs and providing lifesaving care, we need a leader who recognizes that women with rights are human rights and who know that the oppression of womenly religious zealots is a hallmark of despotism. during his time as governor and here in the senate, mr. brownback often used religion to push policies that undermine the right of women to access health care, control their own bodies, and determine their own destine niece. as much as i know the people of

kansas wish to see governor brownback sent abroad and out of their state, i cannot support his confirmation today. bost in these uncertain -- in these uncertain times, in a world rife with challenges, our ambassador-at-large for international religious freedom must be a champion for people of all faiths and a warrior for the human dignity of all of god's children. thank you, mr. president. with that, i yield the floor. i observe the absence of a quorum. the presiding officer: the clerk will call the roll. quorum call:

quorum call: a senator: mr. president? the presiding officer: the senator from idaho. a senator: are we in a quorum call? the presiding officer: without objection. we are, yes. a senator: i would ask unanimous consent that the quorum call be vitiated. the presiding officer: without objection. the presiding officer: all time is expired. the question is on the nomination. is there a sufficient second? the clerk will call the roll. vote:

vote:

vote:

vote:

.

the vice president: on this vote the yeas are 49. the nays are 49. the senate being equally divided, the vice president votes in the affirmative. and the nomination is confirmed.

under the previous order, the motion to reconsider is considered made and laid upon the table and the president will be immediately notified of the senate's action. mr. mcconnell: mr. president. the presiding officer: the majority leader.

mr. mcconnell: i move to proceed to legislative session. the presiding officer: the question is on the planned -- oe motion to proceed all in favor say aye. oppose no. the ayes appear to have it. the motion to proceed is agreed to. mr. mcconnell: i move to proceed to calendar 294. the presiding officer: the clerk will report. the clerk: motion to proceed to the consideration of a bill to amend united states code to protect unborn children and for other purposes. mr. mcconnell: i move to send it to the desk. the clerk: cloture motion we the undersigned senators in accordance with the provisions of raouflt of -l rules to bringa bill to protect capable unborn children signed by 17 senators as follows. mr. mcconnell: i move the reading of the names be waived. the presiding officer: without objection. mr. mcconnell: i move to proceed to executive session to consider 622, david stras.

the presiding officer: the question is on the motion. all in favor say aye. all opposed say no. the ayes appear to have it. the ayes do have it. the motion is agreed to. the clerk will report the nomination. the clerk: nomination, department of state, nomination, the judiciary. david ryan stras of minnesota to be united states circuit judge for the eighth circuit. mr. mcconnell: i send a cloture motion to the desk. the presiding officer: the clerk will report the cloture motion. the clerk: cloture motion: we, the undersigned senators, in accordance with the provisions of rule 22 of the standing rules of the senate, do hereby move to bring to a close debate on the nomination of david ryan stras of minnesota to be united states circuit judge for the eighth circuit signed by 17 senator's senators as follows -- mr. mcconnell: i ask unanimous consent that the reading of the names be waived. the presiding officer: without objection. mr. mcconnell: i ask unanimous consent that the manned tytory quorum calls for the cloture motions be waived. the presiding officer: without objection. mr.cconnell: i ask unanimous consent the senate proceed to the consideration of calendar number 522 it r.d. james.

the presiding officer: without objection. the clerk will report the nomination. the clerk: department of defense, r.d. james of mo to be assistant secretary of the army. mr. mcconnell: mr. president, last week americans from all across the country including many from kentucky came here to washington to speak up for unborn children whom our legal system has denied the right to life. now congress has an opportunity to take a step forward. the united states is currently one of just seven countries -- just seven -- including china and north korea that permit elective abortion after 20 weeks. it's a time -- it is time we begin to remedy obvious and tragic moral wrong. the long overdue legislation that we will be voting on soon

would do just that. i'm pleased to have filed cloture on this bill to protect unborn children who are capable of feeling pain. i'm proud to cosponsor it along with many of my colleagues, and i look forward to voting for it early next week. i ask unanimous consent the senate proceed to legislative session for a period of morning business with senators permitted to speak therein for up to minutes each. the presiding officer: without objection. mr. mcconnell: i ask unanimous consent that when the senate completes its business today, it adjourn until 10:00 a.m. thursday, january 25. furthering that following the prayer and pledge, the morning hour be deemed expired, the journal of proceedings be approved to date, the time for the two leaders be reserved for their use later in the day, and morning business be closed. finally, following leader remarks, the senate proceed to executive session and resume consideration of the james

nomination. the presiding officer: is there objection? without objection. mr. mcconnell: so if there is no further business to come before the senate, i ask it stand adjourned under the previous order. the presiding officer: the senate stands adjourned until 10:0