Floor Statements

Madam President, I ask unanimous consent that the Committee on Finance be discharged from further consideration of S. 712 and the Senate proceed to its immediate consideration.

I ask unanimous consent that the bill be considered read a third time.

I know of no further debate on the bill.

I ask unanimous consent that the motion to reconsider be considered made and laid upon the table.

Madam President, I ask unanimous consent that when the Senate completes its business today, it stand adjourned until 10 a.m. on Thursday, December 5; that following the prayer and pledge, the Journal of proceedings be approved to date, the morning hour be deemed expired, the time for the two leaders be reserved for their use later in the day, and morning business be closed; that following the conclusion of morning business, the Senate proceed to executive session to resume consideration of the Johnson nomination; further, that at 11:30 a.m. the Senate vote on confirmation of the Davenport nomination, as under the order of December 4, and that upon disposition of the Davenport nomination, the Senate vote on the motion to invoke cloture on the Johnson nomination; that following the cloture vote, the Senate resume consideration of the Neary nomination; further, that at 1:45 p.m. the Senate vote on the motion to invoke cloture on the Neary nomination; finally, that if any nominations are confirmed during Thursday's session, the motions to reconsider be considered made and laid upon the table and the President be immediately notified of the Senate's action.

Madam President, if there is no further business to come before the Senate, I ask that it stand adjourned under the previous order.

Madam President, I rise to introduce the Improving Atmospheric River Forecasts Act. This bill would require the National Oceanic and Atmospheric Administration to establish a new program to improve prediction of these important storm systems.

This bill would direct the National Oceanic and Atmospheric Administration to establish a new program within the National Weather Service to improve atmospheric river forecasts. This includes better data acquisition, like new radar systems that can track the heart of atmospheric rivers hours before storms hit. It also includes developing a quantitative scale for events on a scale of 1 to 5 to better inform emergency managers and the public about the severity of incoming AR events. The bill also directs NOAA to develop this program in collaboration with public and private partners across the weather enterprise.

As Scripps Institution of Oceanography's Marty Ralph said, ``Atmospheric rivers are the hurricanes of

the west coast.'' Why, then, are we not treating them with the same attention in forecasting? This bill will take a pivotal first step in bringing atmospheric rivers to the same forecasting sophistication as hurricanes by establishing a new program at NOAA to coordinate these efforts and create accurate, effective, and actionable predictions to minimize loss of life and property.

These steps are especially necessary under a changing climate. As temperatures increase, water bands in atmospheric rivers widen and storms increase in duration. By 2090, NOAA predicts that atmospheric river caused flood damages may increase to between $2.3 and $3.2 billion in annual impact.

I want to thank my colleague Senator Murkowski for introducing this important legislation with me in the Senate and Representative Mike Garcia for leading the House companion that recently passed the House as part of the Weather Act. I hope all of our colleagues will join us in supporting this bipartisan bill to improve our Nation's resilience to atmospheric river events.

Madam President, I rise to introduce the Improving Atmospheric River Forecasts Act. This bill would require the National Oceanic and Atmospheric Administration to establish a new program to improve prediction of these important storm systems.

This bill would direct the National Oceanic and Atmospheric Administration to establish a new program within the National Weather Service to improve atmospheric river forecasts. This includes better data acquisition, like new radar systems that can track the heart of atmospheric rivers hours before storms hit. It also includes developing a quantitative scale for events on a scale of 1 to 5 to better inform emergency managers and the public about the severity of incoming AR events. The bill also directs NOAA to develop this program in collaboration with public and private partners across the weather enterprise.

As Scripps Institution of Oceanography's Marty Ralph said, ``Atmospheric rivers are the hurricanes of

the west coast.'' Why, then, are we not treating them with the same attention in forecasting? This bill will take a pivotal first step in bringing atmospheric rivers to the same forecasting sophistication as hurricanes by establishing a new program at NOAA to coordinate these efforts and create accurate, effective, and actionable predictions to minimize loss of life and property.

These steps are especially necessary under a changing climate. As temperatures increase, water bands in atmospheric rivers widen and storms increase in duration. By 2090, NOAA predicts that atmospheric river caused flood damages may increase to between $2.3 and $3.2 billion in annual impact.

I want to thank my colleague Senator Murkowski for introducing this important legislation with me in the Senate and Representative Mike Garcia for leading the House companion that recently passed the House as part of the Weather Act. I hope all of our colleagues will join us in supporting this bipartisan bill to improve our Nation's resilience to atmospheric river events.

Madam President, reserving the right to object, today marks the third time that I have come down to the floor to object to this bill--not the first time, not the second time, three times.

Madam President, in this particular case, the third time is not the charm. But I grant my colleague one thing. He says that things have changed since the last time he tried to bring this bill up for a vote or approval on unanimous consent.

What has changed, you might ask? Well, this bill actually failed to pass the Republican-controlled House of Representatives just last week. Republicans attached this bill to a must-pass government funding bill, and they still couldn't find the votes, not even with the votes that they have on their side of the aisle.

So it does beg the question: What the heck are we doing here?

This is not a serious attempt to protect our elections. The only thing that this bill does--and the discussion of it does--is stoking fear that our elections may not be secure, and it creates mistrust in the outcome of elections.

So I feel compelled to take a moment to, once again, reassure all Americans that are listening today: There is no credible evidence of massive voter fraud or a massive number of noncitizens voting in our elections--no evidence, none. Let me be clear: no evidence, none.

In fact, it is already illegal for noncitizens to vote in Federal elections, no matter what State they live in.

In some of the conversation from some of the Senators, over the last several minutes, there has been reference to what the Federal Government may be doing to federalize elections. I will make specific reference to the motor voter law that was approved by Congress on a bipartisan basis; that, yes, directs States to do what they can to encourage civic participation and to utilize their department of motor vehicles to engage eligible voters. Since they are already interfacing with government, let's take that moment of their time--as they are already sharing name, address, date of birth, other personal information--and in addition to applying for a driver's license or a State ID, if they are eligible, to register them to vote in the process or update their registration.

And, yes, there are States in the country that do allow a noncitizen or undocumented immigrant, even, to obtain a driver's license. But I can tell you, as a former chief elections officer for the State of California--not just on behalf of California but of my colleagues across the country that I have worked with--protocols are in place. If you are a noncitizen applying for a special type of driver's license or an undocumented immigrant applying for a special type of driver's license, you go through one process. If you are a citizen, you go through another that includes that opportunity to register to vote.

Let me come back to the bottom line here again: no evidence of massive voter fraud--no evidence the last time this bill came up, no evidence today. And I doubt there will be any evidence between now and November 5--or even after November 5--because of the integrity of elections administration in the country.

Now, I have to speak to the timing. We stand here today, 41 days before this November's election. The election is already happening. For those who are familiar, ballots have already been mailed out to members of the military and other overseas voters.

In many States, the vote-by-mail ballot process has already begun. In some States, early voting is beginning. The election is happening.

But again, I sense the real motive for bringing this bill up today is an attempt to continue to inject fear and uncertainty in the minds of voters at a time where, frankly, we need calm; we need understanding; we need truth.

So, as I have in the previous objections, I will extend my invitation again today: Let's work together in a thoughtful, responsible, bipartisan manner to ensure more eligible Americans can easily register to vote, stay registered to vote, and cast their ballots. But until I am taken up on that offer, I object.

Reserving the right to object.

Madam President, I rise today in opposition to a bill introduced by my colleague from North Carolina. Let me start by saying this: The Senator from North Carolina says the Federal Government should not use official taxpayer resources--no taxpayer dollars--to advance partisan politics.

You will be happy to know that I agree 100 percent. And I would venture to say that all of my Democratic colleagues agree 100 percent. But let's also be clear the Executive order referenced isn't that.

And my colleague's attempt to attribute some scheme behind informing eligible citizens of their right to vote and facilitating their voter registration and participation is simply without merit.

As I mentioned a few minutes ago, when debating the SAVE Act, we are now less than 6 weeks until the November election. And while there may be disagreement on policy with my colleagues, we should certainly agree that it is crucial to make sure every eligible American can participate in the political process--again, without any unnecessary barriers or obstacles and certainly without intimidation.

As I referenced a few minutes ago, I once served as California's secretary of state and as the chief elections officer, and I am proud of the reforms that we implemented in making it easier for eligible citizens to register to vote, to stay registered to vote--because that is not easy in some States--and to cast their ballots in the elections.

I want to emphasize that these reforms were put in place for all citizens regardless of political party, regardless of political leanings. We wanted to make sure that every eligible Californian could exercise their right to vote, and that is what should be our business here today--to make sure that every eligible American can exercise their right to vote.

That is exactly why President Biden first issued this Executive order, which builds on decades of what, once upon a time, was bipartisan efforts to expand voter registration. What could be more patriotic than performing your civic duty? The bipartisan history of Congress in promoting voter participation includes the bipartisan passage of the National Voter Registration Act once upon a time.

President Biden issued the Executive order to bring the weight of the Federal Government to help Americans register to vote. It strikes me as perfectly reasonable that when Americans are already interacting with the government, that we should take that opportunity to securely get more eligible Americans registered to vote and ready to participate in the elections. The Executive order that we are debating here is simply fulfilling the mandates that Congress created with the bipartisan passage of the National Voter Registration Act.

I couldn't help but notice in the debate--in the presentation, in the arguments--that there has been a failure to point to any partisan language either in statute or in the Executive order. So I am disappointed that these efforts continue. What we should be doing is working together to facilitate civic participation and combating misinformation and disinformation surrounding the 2024 election that only risks confusing or discouraging people to participate.

For those and other reasons, I object.

Madam President, I rise today to recognize the 32-year career of Ken McNeely, AT&T western region president, ahead of his retirement at the end of this month.

Ken joined AT&T in 1991 as a senior attorney specializing in corporate litigation and has held several key positions for the company since. As vice president of law and government affairs, the longest serving president of AT&T California, and now as president of the western region, Ken has been an exceptional leader and a trusted partner to colleagues in the public and private sectors.

As president of the western region, Ken has led AT&T's activity in 19 States and overseen a workforce of over 50,000 employees, working tirelessly to deliver greater reliability for communities throughout California.

Ken is also a dedicated member of his community, serving on several boards, and supporting numerous philanthropic organizations over the years. He has also been recognized by others for his outstanding leadership, including by the Black Business Association with their Top 100 African Americans in Technology Award, Equality California with their Vanguard Award, and Our Family Coalition with their Luminary Award.

Ken has always represented our State and its values, and thanks to his work, we have made great strides in bridging the digital divide, ensuring first responders can stay connected to their communities, and preparing our students for future careers in the STEM field.

Today, I want to congratulate Ken on his many accomplishments and to thank him for his work over the past three decades. I wish him, his husband Inder, and their children Kabir and Meera well in the years ahead.

Madam President, I rise today to recognize the students and faculty of California State University, Sacramento--or ``Sacramento State''--as they embark on their first year as California's first-ever ``Black-Serving Institution,'' as well as the inaugural class of their ``Black Honors College.''

Reflective of the most diverse State in the Nation, Sacramento State has long been a leader in providing quality, higher education to students of all backgrounds. Already, they are recognized by the U.S. Department of Education as both a Hispanic-Serving Institution (HSI) and an Asian American and Native American Pacific Islander-Serving Institution (AANAPISI).

But as the home to the largest enrollment of Black and African- American students in the California State University (CSU) system, this past summer, the California State Assembly recognized Sacramento State as the first ``Black-Serving Institution'' in the State of California, a testament to the university's support of Black students who come from around the world to enroll.

Sacramento State is always looking for more ways to attract, support, and help graduate more Black students. That is why earlier this year, they created and launched the Nation's first Black Honors College, an enhanced cocurricular college providing specialized coursework for students interested in Black history, life, culture, and contributions.

Thanks to the vision and leadership of Sacramento State president Dr. Luke Wood, inaugural dean of the Black Honors College Dr. Boatamo Mosupyoe, and CSU chancellor Dr. Mildred Garcia, Sacramento State is building a world-class academic environment for Black students to follow their passions and to thrive.

Today, I want to congratulate Sacramento State on their official State recognition and to wish the inaugural class of the Black Honors College enormous success in the years ahead.

Madam President, I rise to introduce the Freedom from Intimidation in Elections Act of 2024.

This legislation would amend section 11(b) of the Voting Rights Act to establish a rebuttable presumption that carrying a visible firearm around election-related activities, such as voting or counting ballots, constitutes intimidation within the meaning of the VRA.

This bill empowers voters and election workers to seek an emergency civil injunction against individuals or groups engaged in such intimidating conduct.

Importantly, the bill provides an exemption for appropriate law enforcement officials and allows any group or individual facing suit to present evidence that they did not, in fact, intimidate any voters or election workers.

Given the increasing political polarization this country faces and the Supreme Court's everchanging interpretation of the Second Amendment, the risk of violence at polling places and election offices has never been higher. This bill is essential to ensure that eligible individuals can continue to exercise their right to vote without fear of retribution or harm.

It is imperative to protect our voters and dedicated election workers from threats of political violence by updating the Voting Rights Act's anti-intimidation provisions to address the specific threat posed by firearms around election activities.

Madam President, I rise to introduce the San Pablo Bay National Wildlife Refuge Expansion Act. This legislation would expand the boundary of the San Pablo Bay National Wildlife Refuge by approximately 5,658 acres to conserve additional land in Solano, Marin, and Sonoma Counties of California.

The San Pablo Bay National Wildlife Refuge consists of more than 19,000 acres located along the northern edge of San Pablo Bay in Northern California. It was established in 1974 to support wetland habitat; endangered species, like the salt marsh harvest mouse and the Ridgeway's Rail; and migratory birds, including the largest wintering population of Canvasbacks on the west coast.

In addition to providing habitat and wildlife conservation, the San Pablo Bay National Wildlife Refuge offers numerous recreation opportunities, including wildlife viewing, wildlife photography, hiking, boating, fishing, and hunting. Regulation of these recreation activities allows for public enjoyment of the refuge while still protecting the wildlife and their habitats.

The bill would expand the San Pablo Bay National Refuge by 5,658 acres, which is more than 28 percent of its current size. The bill would also authorize the U.S. Fish and Wildlife Service to acquire lands within the modified boundary from willing sellers or donors and allow other Federal Agencies to transfer federally owned land within the modified boundary to the Service without administrative hurdles. Finally, the bill would encourage the Service to allocate Land and Water Conservation Fund dollars to acquire any private inholdings within modified National Wildlife Refuge boundary.

The Fish and Wildlife Service recently reported that 221 million acres of wetlands were destroyed between 2009 and 2019, representing a 50-percent increase in the rate of loss from the previous decade. The loss of wetlands across the country has reduced the amount of critical habitat for wildlife, endangered species, and migratory birds. Given these trends and its prime location within the Pacific Flyway, expanding the boundaries of the San Pablo Bay National Wildlife Refuge offers a unique opportunity to protect both critical wetland habitat and priority public uses on Federal lands.

Importantly, expanding the refuge would also contribute to the State of California's and the Biden-Harris Administration's goals to conserve 30 percent of our public lands and waters by 2030.

I would like to thank my colleagues Representatives John Garamendi, Mike Thompson, and Jared Huffman for championing this bill in the House.

I look forward to working with my colleagues to pass the San Pablo Bay National Wildlife Refuge Expansion Act as quickly as possible.

Madam President, I rise to introduce the Clean Hands Firearm Procurement Act.

This legislation addresses a critical need to ensure that Federal resources do not inadvertently support gun dealers whose business practices may contribute to the proliferation of firearms used in criminal activities.

The Clean Hands Firearm Procurement Act would withhold Federal contracts from Federal firearm, licensees, FFLs, who have been listed in the Bureau of Alcohol, Tobacco, Firearms and Explosives' AFT Demand 2 Program twice in the preceding 3 calendar years.

The Demand 2 Program targets gun dealers who have sold 25 or more firearms within a year that are subsequently traced to crimes within 3 years of their sale.

Under this act, dealers identified under the Demand 2 Program will be prohibited from entering into Federal contracts for a period of 3 years following their last appearance on the list. However, the Attorney General would have the discretion to waive this prohibition for the Departments of Defense and Homeland Security if it is deemed necessary to protect national security.

Over the past two decades, the ATF's Demand 2 Program has been instrumental in identifying gun dealers whose sales practices may be contributing to the diversion of firearms to criminal activities. While the vast majority of an FFLs operate responsibly, a small fraction-- about 2 percent--of these dealers have been shown to be a significant source of crime guns.

Between 202l and 2023, only approximately 1,500 of the

Nation's 75,000-plus FFLs were subject to the Demand 2

Program. This small group of dealers has a disproportionate

impact on gun violence in our communities. It is deeply

troubling that some of these dealers have continued to

receive lucrative Federal contracts despite their track

record.

The Clean Hands Firearm Procurement Act aims to incentivize

better business practices among gun dealers by ensuring that

those with a history of contributing to gun violence through

irresponsible sales are not rewarded with Federal contracts.

This bill is a critical step towards reducing gun violence

and ensuring that Federal procurement practices do not

inadvertently support the diversion of firearms to criminal

activities.

Americans deserve to feel safe in their communities, and

our government has a responsibility to ensure that its

resources are used to promote public safety, not undermine

it. By passing this legislation, we can take meaningful

action to address the gun violence epidemic that continues to

plague our Nation.

Public safety is paramount, and this bill represents an

important measure to strengthen our efforts in combating the

illegal use of firearms. I look forward to working with my

colleagues to pass the Clean Hands Firearm Procurement Act as

swiftly as possible.

Madam President, I rise to introduce the Freedom from Intimidation in Elections Act of 2024.

This legislation would amend section 11(b) of the Voting Rights Act to establish a rebuttable presumption that carrying a visible firearm around election-related activities, such as voting or counting ballots, constitutes intimidation within the meaning of the VRA.

This bill empowers voters and election workers to seek an emergency civil injunction against individuals or groups engaged in such intimidating conduct.

Importantly, the bill provides an exemption for appropriate law enforcement officials and allows any group or individual facing suit to present evidence that they did not, in fact, intimidate any voters or election workers.

Given the increasing political polarization this country faces and the Supreme Court's everchanging interpretation of the Second Amendment, the risk of violence at polling places and election offices has never been higher. This bill is essential to ensure that eligible individuals can continue to exercise their right to vote without fear of retribution or harm.

It is imperative to protect our voters and dedicated election workers from threats of political violence by updating the Voting Rights Act's anti-intimidation provisions to address the specific threat posed by firearms around election activities.

Madam President, I rise to introduce the San Pablo Bay National Wildlife Refuge Expansion Act. This legislation would expand the boundary of the San Pablo Bay National Wildlife Refuge by approximately 5,658 acres to conserve additional land in Solano, Marin, and Sonoma Counties of California.

The San Pablo Bay National Wildlife Refuge consists of more than 19,000 acres located along the northern edge of San Pablo Bay in Northern California. It was established in 1974 to support wetland habitat; endangered species, like the salt marsh harvest mouse and the Ridgeway's Rail; and migratory birds, including the largest wintering population of Canvasbacks on the west coast.

In addition to providing habitat and wildlife conservation, the San Pablo Bay National Wildlife Refuge offers numerous recreation opportunities, including wildlife viewing, wildlife photography, hiking, boating, fishing, and hunting. Regulation of these recreation activities allows for public enjoyment of the refuge while still protecting the wildlife and their habitats.

The bill would expand the San Pablo Bay National Refuge by 5,658 acres, which is more than 28 percent of its current size. The bill would also authorize the U.S. Fish and Wildlife Service to acquire lands within the modified boundary from willing sellers or donors and allow other Federal Agencies to transfer federally owned land within the modified boundary to the Service without administrative hurdles. Finally, the bill would encourage the Service to allocate Land and Water Conservation Fund dollars to acquire any private inholdings within modified National Wildlife Refuge boundary.

The Fish and Wildlife Service recently reported that 221 million acres of wetlands were destroyed between 2009 and 2019, representing a 50-percent increase in the rate of loss from the previous decade. The loss of wetlands across the country has reduced the amount of critical habitat for wildlife, endangered species, and migratory birds. Given these trends and its prime location within the Pacific Flyway, expanding the boundaries of the San Pablo Bay National Wildlife Refuge offers a unique opportunity to protect both critical wetland habitat and priority public uses on Federal lands.

Importantly, expanding the refuge would also contribute to the State of California's and the Biden-Harris Administration's goals to conserve 30 percent of our public lands and waters by 2030.

I would like to thank my colleagues Representatives John Garamendi, Mike Thompson, and Jared Huffman for championing this bill in the House.

I look forward to working with my colleagues to pass the San Pablo Bay National Wildlife Refuge Expansion Act as quickly as possible.

Madam President, I rise to introduce the Clean Hands Firearm Procurement Act.

This legislation addresses a critical need to ensure that Federal resources do not inadvertently support gun dealers whose business practices may contribute to the proliferation of firearms used in criminal activities.

The Clean Hands Firearm Procurement Act would withhold Federal contracts from Federal firearm, licensees, FFLs, who have been listed in the Bureau of Alcohol, Tobacco, Firearms and Explosives' AFT Demand 2 Program twice in the preceding 3 calendar years.

The Demand 2 Program targets gun dealers who have sold 25 or more firearms within a year that are subsequently traced to crimes within 3 years of their sale.

Under this act, dealers identified under the Demand 2 Program will be prohibited from entering into Federal contracts for a period of 3 years following their last appearance on the list. However, the Attorney General would have the discretion to waive this prohibition for the Departments of Defense and Homeland Security if it is deemed necessary to protect national security.

Over the past two decades, the ATF's Demand 2 Program has been instrumental in identifying gun dealers whose sales practices may be contributing to the diversion of firearms to criminal activities. While the vast majority of an FFLs operate responsibly, a small fraction-- about 2 percent--of these dealers have been shown to be a significant source of crime guns.

Between 202l and 2023, only approximately 1,500 of the

Nation's 75,000-plus FFLs were subject to the Demand 2

Program. This small group of dealers has a disproportionate

impact on gun violence in our communities. It is deeply

troubling that some of these dealers have continued to

receive lucrative Federal contracts despite their track

record.

The Clean Hands Firearm Procurement Act aims to incentivize

better business practices among gun dealers by ensuring that

those with a history of contributing to gun violence through

irresponsible sales are not rewarded with Federal contracts.

This bill is a critical step towards reducing gun violence

and ensuring that Federal procurement practices do not

inadvertently support the diversion of firearms to criminal

activities.

Americans deserve to feel safe in their communities, and

our government has a responsibility to ensure that its

resources are used to promote public safety, not undermine

it. By passing this legislation, we can take meaningful

action to address the gun violence epidemic that continues to

plague our Nation.

Public safety is paramount, and this bill represents an

important measure to strengthen our efforts in combating the

illegal use of firearms. I look forward to working with my

colleagues to pass the Clean Hands Firearm Procurement Act as

swiftly as possible.

I ask for the yeas and nays.

Madam President, I rise in support of the BASIC Act, which I introduced today.

I know how important it is to help students cover the full cost of attending college, including tuition and fees, housing, food, transportation, books, childcare, healthcare, supplies, and more.

In California, even though State and institutional aid programs cover full tuition and fees for about half of the students attending California State University, University of California, and California Community College, students struggle to pay for the remaining cost of attendance. This bill will help accelerate California's work to make college affordable and provide funding to reach more schools across California and our nation.

Last year, the first-ever nationally representative data on student basic needs was released by the National Center for Education Statistics, which indicated that nearly one in four undergraduate students across the country experiences food insecurity. We also know that rates of basic needs insecurity are much higher for historically marginalized students, including Black, Latino, and Indigenous students; parenting students; LGBTQIA+students; first-generation students; Pell Grant recipients; former foster youth; and justice- involved students.

The evidence is clear that addressing student basic needs prevents students from sacrificing their health and well-being to succeed in higher education.

That is why I am proud to introduce this bill to authorize $1 billion for a new grant program to help institutions of higher education meet students' basic needs.

This funding represents an essential aspect of building more equitable paths to higher education, and it represents an investment in our students, our institutions, and our future. The legislation also helps coordinate assistance across Federal Agency lines.

I want to thank Senator Warren and Representative Torres for introducing this bill with me, and I hope our colleagues will join us in ensuring that no student is forced to choose between their education and their basic needs.