Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 115 CONGRESS, FIRST SESSION

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 115 CONGRESS, FIRST SESSION

Vol. 163 WASHINGTON, MONDAY, FEBRUARY 6, 2017 No. 20 House of Representatives The House met at noon and was come, thank You for giving us another vidual who is new to Minnesota’s Sixth called to order by the Speaker pro tem- day. Congressional District. pore (Mr. SMITH of Nebraska). Send Your spirit upon the Members John Graw, a World War II veteran, f of this people’s House to encourage recently moved to Ramsey to be closer them in their official tasks. Be with to his daughters. Upon his arrival in DESIGNATION OF SPEAKER PRO them and with all who labor here to Ramsey—which was, coincidentally, TEMPORE serve this great Nation and its people. the day before Veterans Day—the The SPEAKER pro tempore laid be- Assure them that whatever their re- Ramsey City Council awarded John fore the House the following commu- sponsibilities, You provide the grace to with a key to the city and a letter wel- nication from the Speaker: enable them to be faithful in their du- coming him to the community. ties and the wisdom to be conscious of WASHINGTON, DC, John was a master sergeant in the February 6, 2017. their obligations and fulfill them with U.S. Army Air Force and served with I hereby appoint the Honorable ADRIAN integrity. the Mediterranean Allied Air Force SMITH to act as Speaker pro tempore on this Remind us all of the dignity of work that fought in the North African Cam- day. and teach us to use our talents and paign as well as the European theater PAUL D. RYAN, abilities in ways that are honorable in Italy and France during World War Speaker of the House of Representatives. and just and are of benefit to those we II. f serve. I am so glad that John received such May all that is done this day be for a warm welcome to Ramsey, especially MORNING-HOUR DEBATE Your greater honor and glory. because he came to the defense of our The SPEAKER pro tempore. Pursu- Amen. Nation during one of its darkest times. ant to the order of the House of Janu- f It is inspiring to know that this hero ary 3, 2017, the Chair would now recog- THE JOURNAL lives among us, and it is an honor to nize Members from lists submitted by stand here today and welcome this the majority and minority leaders for The SPEAKER pro tempore. The member of the Greatest Generation to morning-hour debate. Chair has examined the Journal of the our community. last day’s proceedings and announces f to the House his approval thereof. f RECESS Pursuant to clause 1, rule I, the Jour- ARMY RECOGNITION FOR ARKAN- The SPEAKER pro tempore. Pursu- nal stands approved. SAS CONGRESSMAN STEVE ant to clause 12(a) of rule I, the Chair f WOMACK declares the House in recess until 2 PLEDGE OF ALLEGIANCE (Mr. HILL asked and was given permission to address the House for 1 p.m. today. The SPEAKER pro tempore. Will the minute and to revise and extend his re- Accordingly (at 12 o’clock and 1 gentleman from Minnesota (Mr. minute p.m.), the House stood in remarks.) EMMER) come forward and lead the Mr. HILL. Mr. Speaker, I rise today cess. House in the Pledge of Allegiance. to honor the achievement of a true Ar- f Mr. EMMER led the Pledge of Alle- kansas leader, my colleague and friend, giance as follows: b 1400 Representative STEVE WOMACK. I pledge allegiance to the Flag of the Early this year, STEVE was awarded AFTER RECESS United States of America, and to the Repub- lic for which it stands, one nation under God, the Department of the Army’s Decora- The recess having expired, the House indivisible, with liberty and justice for all. tion for Distinguished Civilian Service, was called to order by the Speaker pro f which is the highest award the Sec- tempore (Mr. MESSER) at 2 p.m. retary of the Army may bestow upon a f VETERAN JOHN GRAW, WELCOME civilian. TO MINNESOTA’S SIXTH Before being elected Representative PRAYER (Mr. EMMER asked and was given for Arkansas’ Third Congressional Dis- The Chaplain, the Reverend Patrick permission to address the House for 1 trict, STEVE dedicated most of his J. Conroy, offered the following prayer: minute.) adult life to the Arkansas Army Na- Eternal God, through whom we see Mr. EMMER. Mr. Speaker, I rise tional Guard where he retired as a what we could be, and what we can be- today to welcome an incredible indi- colonel after 30 years of service.

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

H979

VerDate Sep 11 2014 05:15 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A06FE7.000 H06FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H980 CONGRESSIONAL RECORD — HOUSE February 6, 2017 He has been awarded the Meritorious b 1645 and which shall be considered as a voluntary Service Medal, the Army Commenda- donation to the United States by BHI for all AFTER RECESS tion Medal, and the Legion of Merit. purposes of law. His example is one all Americans and The recess having expired, the House (4) SECRETARY.—The term ‘‘Secretary’’ was called to order by the Speaker pro means the Secretary of Agriculture, unless Arkansans can admire, and I treasure otherwise specified. tempore (Mr. ROGERS of Kentucky) at 4 our work together here in the 115th SEC. 4. LAND EXCHANGE. Congress representing our State of Ar- o’clock and 45 minutes p.m. (a) IN GENERAL.—If BHI offers to convey to kansas. f the Secretary all right, title, and interest of f BHI in and to the non-Federal land, the Sec- ANNOUNCEMENT BY THE SPEAKER retary shall accept the offer and simulta- NOAA BETRAYED THE AMERICAN PRO TEMPORE neously convey to BHI the Federal land. PEOPLE (b) LAND TITLE.—Title to the non-Federal The SPEAKER pro tempore. Pursu- land conveyed and donated to the Secretary (Mr. SMITH of Texas asked and was ant to clause 8 of rule XX, the Chair under this Act shall be acceptable to the given permission to address the House will postpone further proceedings Secretary and shall conform to the title ap- for 1 minute and to revise and extend today on motions to suspend the rules proval standards of the Attorney General of his remarks.) on which a recorded vote or the yeas the United States applicable to land acquisi- Mr. SMITH of Texas. Mr. Speaker, a and nays are ordered, or on which the tions by the Federal Government. whistleblower has charged that the Na- (c) PERPETUAL ACCESS EASEMENT TO BHI.— vote incurs objection under clause 6 of The nonexclusive perpetual access easement tional Oceanic and Atmospheric Ad- rule XX. to be granted to BHI as shown on the map re- ministration falsified data in a study Record votes on postponed questions ferred to in section 3(2) shall allow— that attempted to disprove the widely will be taken later. (1) BHI to fully maintain, at BHI’s expense, accepted 15-year halt in global warm- f and use Forest Service Road 371 from its ing. This was done in an effort to gar- junction with Forest Service Road 368 in ac- ner public support for the Obama ad- CRAGS, COLORADO LAND cordance with historic use and maintenance ministration’s Clean Power Plan and EXCHANGE ACT OF 2017 patterns by BHI; and (2) full and continued public and adminis- the United Nations’ Paris climate Mr. LAMBORN. Mr. Speaker, I move trative access and use of FSR 371 in accord- agreement. to suspend the rules and pass the bill ance with the existing Forest Service travel NOAA’s officials suppressed internal (H.R. 618) to authorize, direct, expedite, management plan, or as such plan may be re- debate about the study and actively ob- and facilitate a land exchange in El vised by the Secretary. structed the House Science Commit- Paso and Teller Counties, Colorado, (d) ROUTE AND CONDITION OF ROAD.—BHI tee’s investigations of concerns about and for other purposes. and the Secretary may mutually agree to the data. However, one brave scientist improve, relocate, reconstruct, or otherwise The Clerk read the title of the bill. alter the route and condition of all or por- decided to step forward and blow the The text of the bill is as follows: tions of such road as the Secretary, in close whistle on NOAA. H.R. 618 consultation with BHI, may determine advis- According to Dr. John Bates, NOAA Be it enacted by the Senate and House of Rep- able. (e) EXCHANGE COSTS.—BHI shall pay for all put its thumb on the scale to justify resentatives of the United States of America in land survey, appraisal, and other costs to the their predetermined conclusions and Congress assembled, support the President’s agenda, even if Secretary as may be necessary to process SECTION 1. SHORT TITLE. and consummate the exchange directed by that meant violating their own sci- This Act may be cited as the ‘‘Crags, Colo- this Act, including reimbursement to the entific integrity rules. rado Land Exchange Act of 2017’’. Secretary, if the Secretary so requests, for The Science Committee will continue SEC. 2. PURPOSES. staff time spent in such processing and con- to investigate this scandal. Americans The purposes of this Act are— summation. have a right to unbiased science. (1) to authorize, direct, expedite, and fa- SEC. 5. EQUAL VALUE EXCHANGE AND APPRAIS- We can thank Dr. Bates for his heroic cilitate the land exchange set forth herein; ALS. act and for having the courage to step and (a) APPRAISALS.—The values of the lands to (2) to promote enhanced public outdoor be exchanged under this Act shall be deter- forward in the face of the liberal me- mined by the Secretary through appraisals dia’s smear campaigns. recreational and natural resource conservation opportunities in the Pike National For- performed in accordance with— f est near Pikes Peak, Colorado, via acquisi- (1) the Uniform Appraisal Standards for Federal Land Acquisitions; COMMUNICATION FROM THE tion of the non-Federal land and trail easement. (2) the Uniform Standards of Professional CLERK OF THE HOUSE Appraisal Practice; SEC. 3. DEFINITIONS. (3) appraisal instructions issued by the The SPEAKER pro tempore laid be- In this Act: fore the House the following commu- Secretary; and (1) BHI.—The term ‘‘BHI’’ means (4) shall be performed by an appraiser munication from the Clerk of the House of Broadmoor Hotel, Inc., a Colorado corpora- tually agreed to by the Secretary and BHI. Representatives: tion. (b) EQUAL VALUE EXCHANGE.—The values of OFFICE OF THE CLERK, (2) FEDERAL LAND.—The term ‘‘Federal the Federal and non-Federal land parcels ex- HOUSE OF REPRESENTATIVES, land’’ means all right, title, and interest of changed shall be equal, or if they are not Washington, DC, February 3, 2017. the United States in and to approximately 83 equal, shall be equalized as follows: Hon. PAUL D. RYAN, acres of land within the Pike National For- (1) SURPLUS OF FEDERAL LAND VALUE.—If The Speaker, House of Representatives, est, El Paso County, Colorado, together with the final appraised value of the Federal land Washington, DC. a non-exclusive perpetual access easement to exceeds the final appraised value of the non- DEAR MR. SPEAKER: Pursuant to the per- BHI to and from such land on Forest Service Federal land parcel identified in section mission granted in Clause 2(h) of Rule II of Road 371, as generally depicted on the map 3(3)(A), BHI shall make a cash equalization the Rules of the U.S. House of Representa- entitled ‘‘Proposed Crags Land Exchange– payment to the United States as necessary tives, the Clerk received the following mes- Federal Parcel–Emerald Valley Ranch’’, to achieve equal value, including, if nec- sage from the Secretary of the Senate on dated March 2015. essary, an amount in excess of that author- February 3, 2017, at 1:52 p.m.: (3) NON-FEDERAL LAND.—The term ‘‘non- ized pursuant to section 206(b) of the Federal That the Senate passed S. 305. Federal land’’ means the land and trail ease- Land Policy and Management Act of 1976 (43 With best wishes, I am ment to be conveyed to the Secretary by BHI U.S.C. 1716(b)). Sincerely, in the exchange and is— (2) USE OF FUNDS.—Any cash equalization KAREN L. HAAS. (A) approximately 320 acres of land within moneys received by the Secretary under f the Pike National Forest, Teller County, paragraph (1) shall be— Colorado, as generally depicted on the map (A) deposited in the fund established under RECESS entitled ‘‘Proposed Crags Land Exchange– Public Law 90–171 (commonly known as the The SPEAKER pro tempore. Pursu- Non-Federal Parcel–Crags Property’’, dated ‘‘Sisk Act’’; 16 U.S.C. 484a); and ant to clause 12(a) of rule I, the Chair March 2015; and (B) made available to the Secretary for the (B) a permanent trail easement for the acquisition of land or interests in land in Re- declares the House in recess until ap- Barr Trail in El Paso County, Colorado, as gion 2 of the Forest Service. proximately 4:45 p.m. today. generally depicted on the map entitled ‘‘Pro- (3) SURPLUS OF NON-FEDERAL LAND VALUE.— Accordingly (at 2 o’clock and 6 min- posed Crags Land Exchange–Barr Trail Ease- If the final appraised value of the non-Fed- utes p.m.), the House stood in recess. ment to United States’’, dated March 2015, eral land parcel identified in section 3(3)(A)

VerDate Sep 11 2014 01:30 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.004 H06FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 6, 2017 CONGRESSIONAL RECORD — HOUSE H981 exceeds the final appraised value of the Fed- The SPEAKER pro tempore. Is there In exchange, the Forest Service will eral land, the United States shall not make objection to the request of the gen- receive the 320-acre Crags parcel and a a cash equalization payment to BHI, and sur- tleman from Colorado? permanent trail easement for the his- plus value of the non-Federal land shall be There was no objection. toric Barr Trail. The Crags property considered a donation by BHI to the United Mr. LAMBORN. Mr. Speaker, I yield States for all purposes of law. connects with several Forest Service (c) APPRAISAL EXCLUSIONS.— myself such time as I may consume. trails in the Pikes Peak Ranger Dis- (1) SPECIAL USE PERMIT.—The appraised I rise in strong support of H.R. 618, trict and has been identified by the value of the Federal land parcel shall not re- the Crags, Colorado Land Exchange Forest Service as a priority for acquisi- flect any increase or diminution in value due Act of 2017 that I introduced along with tion. I am glad that, under this bill, we to the special use permit existing on the date Congressman TIPTON and Congressman can accomplish that priority. of the enactment of this Act to BHI on the POLIS. This legislation will facilitate a The exchange eliminates a large pri- parcel and improvements thereunder. mutually beneficial land exchange be- vate inholding in the National Forest (2) BARR TRAIL EASEMENT.—The Barr Trail tween the U.S. Forest Service and the easement donation identified in section and removes the need for Federal land 3(3)(B) shall not be appraised for purposes of Emerald Valley Ranch in El Paso and management of the Emerald Valley this Act. Teller Counties in Colorado. Ranch. It is a win-win scenario. Essen- SEC. 6. MISCELLANEOUS PROVISIONS. Specifically, this legislation would tially, this legislation simplifies land (a) WITHDRAWAL PROVISIONS.— convey to the United States the 320- management around Pikes Peak, while (1) WITHDRAWAL.—Lands acquired by the acre Crags property located on the protecting public lands and growing Secretary under this Act shall, without fur- west side of Pikes Peak that is cur- our economy. ther action by the Secretary, be perma- rently owned by The Broadmoor Hotel, The Forest Service testified in sup- nently withdrawn from all forms of appro- and a perpetual public-access easement port of H.R. 618. I support its adoption, priation and disposal under the public land for the lower portion of the popular as do stakeholders across the spec- laws (including the mining and mineral leas- Barr Trail. In exchange, an 83-acre Fed- ing laws) and the Geothermal Steam Act of trum. 1930 (30 U.S.C. 1001 et seq.). eral parcel located at Emerald Valley It has been a pleasure to work with (2) WITHDRAWAL REVOCATION.—Any public Ranch on the southeast side of Pikes my colleagues, Mr. LAMBORN and Mr. land order that withdraws the Federal land Peak and a perpetual access easement TIPTON, on this bill, and I appreciate from appropriation or disposal under a public along two Forest Service roads would their hard work and constructive work land law shall be revoked to the extent nec- be granted to The Broadmoor. This for this legislation. essary to permit disposal of the Federal land would eliminate the management and I reserve the balance of my time. parcel to BHI. liability issues currently facing the Mr. LAMBORN. Mr. Speaker, I echo (3) WITHDRAWAL OF FEDERAL LAND.—All United States because of the signifi- what my colleague has just said about Federal land authorized to be exchanged under this Act, if not already withdrawn or cant upgrades and improvements The those of us from Colorado working to- segregated from appropriation or disposal Broadmoor has made to the Emerald gether. Of the six bills that we are under the public lands laws upon enactment Valley Ranch parcel. going to be discussing today, four of of this Act, is hereby so withdrawn, subject This land exchange is intended to them are from Colorado; and yourself, to valid existing rights, until the date of provide increased recreational opportu- myself, and Representative TIPTON conveyance of the Federal land to BHI. nities for the public on the Pike Na- from southwest Colorado have collabo- (b) POSTEXCHANGE LAND MANAGEMENT.— tional Forest. The 320-acre Crags prop- rated on these four bills. It is bipar- Land acquired by the Secretary under this erty is completely surrounded by the tisan and we have worked hard and Act shall become part of the Pike-San Isabel National Forest and be managed in accord- Pike National Forest and has been the have gotten some good legislation to ance with the laws, rules, and regulations top acquisition priority for the Pikes offer to the House for consideration. I applicable to the National Forest System. Peak Ranger District for several years. look forward to doing this through the (c) EXCHANGE TIMETABLE.—It is the intent The property provides several opportu- rest of the afternoon, plus two other of Congress that the land exchange directed nities to connect Forest Service trails bills as well. by this Act be consummated no later than 1 emanating from the Crags campground Mr. Speaker, I have no additional year after the date of the enactment of this with trails in the Putney Gulch area. speakers, and I reserve the balance of Act. In addition, existing trails within the my time. (d) MAPS, ESTIMATES, AND DESCRIPTIONS.— property could become key links in the Mr. POLIS. Mr. Speaker, I yield my- (1) MINOR ERRORS.—The Secretary and BHI may by mutual agreement make minor proposed Ring the Peak trail. self such time as I may consume. boundary adjustments to the Federal and I thank Chairman BISHOP and Chair- I, as well, am prepared to close and I non-Federal lands involved in the exchange, man MCCLINTOCK and the entire staff of just want to highlight my agreement and may correct any minor errors in any the Subcommittee on Federal Lands with the gentleman from Colorado (Mr. map, acreage estimate, or description of any for all of their work and bringing this LAMBORN). When people work together, land to be exchanged. bill to the floor. these are the kind of commonsense re- (2) CONFLICT.—If there is a conflict between I urge the adoption of the measure, sults we get. Unfortunately, on these a map, an acreage estimate, or a description and I reserve the balance of my time. bills, I don’t think we will be making of land under this Act, the map shall control unless the Secretary and BHI mutually agree Mr. POLIS. Mr. Speaker, I yield my- the front page of The Washington Post otherwise. self such time as I may consume. I or The New York Times or the FOX (3) AVAILABILITY.—Upon enactment of this thank the Speaker for the recognition News Talk hour, but that is so much of Act, the Secretary shall file and make avail- and Mr. LAMBORN for bringing forward the workhorse-type work that we need able for public inspection in the head- this bill. to do in this body. quarters of the Pike-San Isabel National H.R. 618 is legislation I am proud to What we have done with Mr. TIPTON, Forest a copy of all maps referred to in this cosponsor because it is a commonsense Mr. LAMBORN, and myself is we have Act. land exchange in my home State of been able to put together the common- The SPEAKER pro tempore. Pursu- Colorado. It authorizes the Forest sense priorities around public land ant to the rule, the gentleman from Service to exchange the Emerald Val- management. The district I have the Colorado (Mr. LAMBORN) and the gen- ley Ranch for the larger ecologically honor of representing is 65 percent pub- tleman from Colorado (Mr. POLIS) each sensitive Crags parcel. The world-fa- lic land. So these are everyday issues will control 20 minutes. mous Broadmoor Hotel—that I visited that my constituents deal with living The Chair recognizes the gentleman many times and attended many edu- in and around public land. from Colorado (Mr. LAMBORN). cation conferences at—currently has a It is very exciting to be passing H.R. GENERAL LEAVE 25-year special use permit to operate 618 and allowing getting rid of the pri- Mr. LAMBORN. Mr. Speaker, I ask the guest ranch on the Emerald Valley vate inholding, putting some appro- unanimous consent that all Members parcel. This parcel has lost its National priate land in the management of the may have 5 legislative days to revise Forest character, and conveying it out Forest Service and, of course, doing and extend their remarks and include of Pike National Forest will simplify something that will also benefit one of extraneous materials on the bill under management at that site and replace it our iconic conference centers and ho- consideration. with a parcel that is more appropriate. tels in Colorado Springs that I have

VerDate Sep 11 2014 01:30 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\A06FE7.003 H06FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H982 CONGRESSIONAL RECORD — HOUSE February 6, 2017 had the opportunity to be a guest and any survey, platting, legal description, or Way back in 1947, just a few years a conferee at so many times. other activities carried out to prepare and after my dear mother—who is watching I deeply appreciate the work of Mr. issue the patent shall be paid by GLP to the us on C–SPAN as we speak—and my fa- Secretary prior to the land conveyance. TIPTON and Mr. LAMBORN. I urge a ther were born, an administrative error ‘‘yes’’ vote. The SPEAKER pro tempore. Pursu- occurred that shifted the boundary be- Mr. Speaker, I yield back the balance ant to the rule, the gentleman from tween the Elkhorn Ranch and the of my time. Colorado (Mr. LAMBORN) and the gen- White River National Forest. This sur- Mr. LAMBORN. Mr. Speaker, I yield tleman from Colorado (Mr. POLIS) each vey placed 148 acres of private land in- back the balance of my time. will control 20 minutes. side the forest boundary without pro- The SPEAKER pro tempore. The The Chair recognizes the gentleman viding consideration to the land- question is on the motion offered by from Colorado (Mr. LAMBORN). holders. Since then, the title of the the gentleman from Colorado (Mr. GENERAL LEAVE ranch has changed several times, but LAMBORN) that the House suspend the Mr. LAMBORN. Mr. Speaker, I ask the administrative error has never rules and pass the bill, H.R. 618. unanimous consent that all Members been corrected. The question was taken; and (two- may have 5 legislative days to revise We all know how we hold private thirds being in the affirmative) the and extend their remarks and include property rights dear in this country, rules were suspended and the bill was extraneous materials on the bill under and this bill will correct the error, ac- passed. consideration. knowledge the correct boundary of the A motion to reconsider was laid on The SPEAKER pro tempore. Is there Elkhorn Ranch, providing the current the table. objection to the request of the gen- owner with a clear and free title rather tleman from Colorado? than the encumbrance that the dis- f There was no objection. puted nature of the land previously ELKHORN RANCH AND WHITE Mr. LAMBORN. Mr. Speaker, I yield provided. RIVER NATIONAL FOREST CON- myself such time as I may consume. It will help avoid costly litigation to VEYANCE ACT OF 2017 H.R. 698, the Elkhorn Ranch and both sides, provides clarity for land- White River National Forest Convey- Mr. LAMBORN. Mr. Speaker, I move owners and the Forest Service. It rec- ance Act sponsored by my colleague, to suspend the rules and pass the bill ognizes today’s reality on the ground Congressman SCOTT TIPTON of the (H.R. 698) to require a land conveyance and it will help local officials in the great State of Colorado, and cospon- involving the Elkhorn Ranch and the Forest Service as well. sored by Congressman POLIS and my- White River National Forest in the I thank my colleague, Mr. TIPTON, for self, resolves a longstanding surveying State of Colorado, and for other pur- his good work on this legislation, issue in the White River National For- poses. working with stakeholders. I want to est in western Colorado. The Clerk read the title of the bill. point out that the Forest Service testi- In the early 20th century, the U.S. The text of the bill is as follows: fied in support of this bill. I join my Government issued a series of patents colleagues in urging its adoption. H.R. 698 conveying Federal land to private land- Mr. Speaker, I reserve the balance of Be it enacted by the Senate and House of Rep- owners in the region. However, a land my time. resentatives of the United States of America in survey conducted in 1949 brought these Mr. LAMBORN. Mr. Speaker, I appre- Congress assembled, conveyances into question, and the ciate those comments. I would point SECTION 1. SHORT TITLE. ownership of the land has been in dis- out, for anyone who is interested, that This Act may be cited as the ‘‘Elkhorn pute for nearly 70 years. In 2014 the Ranch and White River National Forest Con- the three of us who are here—and I am veyance Act of 2017’’. White River National Forest conducted about to yield the floor to Representa- SEC. 2. LAND CONVEYANCE, ELKHORN RANCH a survey to finalize the land ownership tive TIPTON—we are all on the Natural AND WHITE RIVER NATIONAL FOR- and concluded that 148 acres were im- Resources Committee. This is a com- EST, COLORADO. properly within the forest’s boundary. mittee that is going to be doing a lot of (a) LAND CONVEYANCE REQUIRED.—Con- This legislation simply conveys this exciting and interesting things in this sistent with the purpose of the Act of March land back to its rightful ownership. Congress. We are going to be very busy. 3, 1909 (43 U.S.C. 772), all right, title, and in- This land conveyance is consistent I am looking forward to that. terest of the United States (subject to sub- with the existing forest management Mr. Speaker, I yield such time as he section (b)) in and to a parcel of land consisting of approximately 148 acres as gen- plan, and the Forest Service is man- may consume to the gentleman from erally depicted on the map entitled ‘‘Elk- aging this land as though it were al- Colorado (Mr. TIPTON), my friend and horn Ranch Land Parcel–White River Na- ready private property. colleague, who is also a member of the tional Forest’’ and dated March 2015 shall be This bill has the support of a wide committee. conveyed by patent to the Gordman-Leverich range of stakeholders in the commu- Mr. TIPTON. Mr. Speaker, I would Partnership, a Colorado Limited Liability nity and I thank the Congressman from like to extend my thanks to my col- Partnership (in this section referred to as Colorado for his work on this legisla- leagues, Mr. POLIS and Mr. LAMBORN. I ‘‘GLP’’). tion. I would point out, as we discussed think among our three congressional (b) EXISTING RIGHTS.—The conveyance under subsection (a)— earlier, there is bipartisan support districts, we hold the vast majority of (1) is subject to the valid existing rights of from within the Colorado delegation public lands in the State of Colorado. I the lessee of Federal oil and gas lease COC– for this bill as well. appreciate the opportunity to be able 75070 and any other valid existing rights; and I urge adoption of the measure and I to work with you on these significant (2) shall reserve to the United States the reserve the balance of my time. bills, to be able to address many of the right to collect rent and royalty payments Mr. POLIS. Mr. Speaker, I yield my- challenges that we have, and to be able on the lease referred to in paragraph (1) for self such time as I may consume. to work together in a bipartisan man- the duration of the lease. Living in and around public land, as ner as well. (c) EXISTING BOUNDARIES.—The conveyance Mr. TIPTON, Mr. LAMBORN, and I do, we under subsection (a) does not modify the ex- Mr. Speaker, thank you for allowing terior boundary of the White River National often have these kinds of bills to ad- me time to be able to discuss this im- Forest or the boundaries of Sections 18 and dress the interactions between our portant legislation. H.R. 698 is a very 19 of Township 7 South, Range 93 West, Sixth communities and our Federal lands in straightforward bill, which Congress- Principal Meridian, Colorado, as such bound- Colorado. men LAMBORN and POLIS and I have re- aries are in effect on the date of the enact- H.R. 698 is another bill that addresses introduced this year that confirms pri- ment of this Act. public lands. I am proud to join Mr. vate ownership of 148 acres of land in (d) TIME FOR CONVEYANCE; PAYMENT OF TIPTON as a cosponsor of this bill. It my congressional district. COSTS.—The conveyance directed under sub- will convey 148 acres of land to the The lands concerned were patented section (a) shall be completed not later than 180 days after the date of the enactment of Gordman-Leverich Partnership, a com- into private ownership via the United this Act. The conveyance shall be without pany in Colorado, which will remedy a States land patents issued in 1914, 1917, consideration, except that all costs incurred land dispute between a private land- and 1957, but their ownership came into by the Secretary of the Interior relating to owner and the Forest Service. question by virtue of a 1949 government

VerDate Sep 11 2014 01:30 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.007 H06FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 6, 2017 CONGRESSIONAL RECORD — HOUSE H983 survey which erroneously showed them of a bill that I am a lead sponsor on (d) PUBLIC MOTORIZED USE.—Nothing in to be National Forest land rather than shortly; and, of course, we recently this Act opens privately owned lands within private land. A long-held U.S. law spe- passed, by voice vote, Mr. LAMBORN’s the boundary described in subsection (a) to cifically states that a government re- bill—these issues will remain pending public motorized use. (e) ACCESS TO NON-FEDERAL LANDS.—Not- survey cannot take away private prop- until the Senate acts. withstanding the provisions of section 6(f) of erty or private property rights. I urge my colleagues in the Senate to the Colorado Wilderness Act of 1993 (16 Mr. Speaker, the Forest Service and bring forward these bills so we can ad- U.S.C. 539j(f)) regarding motorized travel, the private landowner of the Elkhorn dress these pressing concerns that our the owners of any non-Federal lands within Ranch only became aware of the poten- constituents have and deal with them the boundary described in subsection (a) who tial title issue in the early 2000s, and in an appropriate multistakeholder historically have accessed their lands thereafter, the Forest Service con- manner, where Democrats and Repub- through lands now or hereafter owned by the ducted a lengthy and thorough review licans can join in support of addressing United States within the boundary described in subsection (a) shall have the continued of the matter. Upon completion of the real-life issues that those of us who right of motorized access to their lands their review in 2014, both the super- represent areas in and around public across the existing roadway. visor and the surveyor of the White land have. The SPEAKER pro tempore. Pursu- River National Forest concluded the I urge a ‘‘yes’’ vote. ant to the rule, the gentleman from ownership of the 148 acres should be I yield back the balance of my time. Colorado (Mr. LAMBORN) and the gen- confirmed in the successors in interest Mr. LAMBORN. Mr. Speaker, I yield tleman from Colorado (Mr. POLIS) each to the original patentee; namely, the back the balance of my time. will control 20 minutes. Elkhorn Ranch. The SPEAKER pro tempore. The The Chair recognizes the gentleman In reaching this conclusion, the For- question is on the motion offered by from Colorado (Mr. LAMBORN). est Service noted that the land has the gentleman from Colorado (Mr. GENERAL LEAVE never been managed as National Forest LAMBORN) that the House suspend the land and, indeed, has been fenced and rules and pass the bill, H.R. 698. Mr. LAMBORN. Mr. Speaker, I ask occupied with stock ponds, developed The question was taken; and (two- unanimous consent that all Members springs, roads and other private im- thirds being in the affirmative) the may have 5 legislative days to revise provements, and has been used as pri- rules were suspended and the bill was and extend their remarks and include vate land for ranching and agriculture passed. extraneous materials on the bill under for the better part of the past 100 years. A motion to reconsider was laid on consideration. Mr. Speaker, this bill is a simple the table. The SPEAKER pro tempore. Is there objection to the request of the gen- matter of fairness and equity to a pri- f vate landowner to honor government tleman from Colorado? land patents that were granted by the ARAPAHO NATIONAL FOREST There was no objection. Federal Government to the land- BOUNDARY ADJUSTMENT ACT Mr. LAMBORN. Mr. Speaker, I yield owner’s predecessors 60 to 100 years OF 2017 myself such time as I may consume. H.R. 688, sponsored by Congressman ago. The bill is supported by both the Mr. LAMBORN. Mr. Speaker, I move JARED POLIS and cosponsored by Con- surveyor and supervisor of the White to suspend the rules and pass the bill gressman TIPTON and myself, would ad- River National Forest; the Garfield (H.R. 688) to adjust the boundary of the just the boundary of the Arapaho Na- County surveyor; the Garfield County Arapaho National Forest, Colorado, tional Forest in the State of Colorado Commissioner; the city of Rifle; Colo- and for other purposes. to incorporate 93 acres. It passed the rado Club 20, which represents 20 Colo- The Clerk read the title of the bill. House under suspension of the rules rado counties; and Piceance Energy, The text of the bill is as follows: which has a lease on part of the area. during the 113th and 114th Congresses. H.R. 688 The legislation would incorporate 10 b 1700 Be it enacted by the Senate and House of Rep- undeveloped parcels of land into the In addition, the legislative hearing resentatives of the United States of America in Arapaho National Forest. The parcels Congress assembled, that was held on the same bill in 2015, sit between the Arapaho and the Rocky the administration testified that this SECTION 1. SHORT TITLE. Mountain National Park and will help This Act may be cited as the ‘‘Arapaho Na- the Forest Service to better manage bill is a practical and workable way to tional Forest Boundary Adjustment Act of address this longstanding issue. This 2017’’. this land. The bill ensures that private landowners with parcels within the na- bill is identical to the one that passed SEC. 2. ARAPAHO NATIONAL FOREST BOUNDARY out of the House by voice vote in the ADJUSTMENT. tional forest will continue to have ac- last Congress, and I once again urge (a) IN GENERAL.—The boundary of the cess through these parcels. Addition- my colleagues to support this legisla- Arapaho National Forest in the State of Col- ally, the land purchased by the Forest tion. orado is adjusted to incorporate the approxi- Service must be with the written con- Once again, I extend my thanks to mately 92.95 acres of land generally depicted sent of the landowner. as ‘‘The Wedge’’ on the map entitled ‘‘Arap- my colleagues Congressman LAMBORN I urge adoption of the measure. aho National Forest Boundary Adjustment’’ I reserve the balance of my time. and Congressman POLIS for all of their and dated November 6, 2013, and described as hard work on this legislation. lots three, four, eight, and nine of section 13, Mr. POLIS. Mr. Speaker, I yield my- Mr. POLIS. Mr. Speaker, I yield my- Township 4 North, Range 76 West, Sixth self such time as I may consume. self such time as I may consume. Principal Meridian, Colorado. A lot described Mr. Speaker, I am proud to have in- Mr. Speaker, I would like to high- in this subsection may be included in the troduced the Arapaho National Forest light, as Mr. TIPTON said, a number of boundary adjustment only after the Sec- Boundary Adjustment Act, also known the bills that we are going through, in- retary of Agriculture obtains written per- as the Wedge Act. cluding this one, have passed the House mission for such action from the lot owner Frankly, Mr. Speaker, I wish all of before, and yet the Senate failed to or owners. my bills could come to the floor so (b) BOWEN GULCH PROTECTION AREA.—The send them to the President’s desk. Secretary of Agriculture shall include all quickly, within a week of introducing These are real issues that our constitu- Federal land within the boundary described them. But I am very glad, on behalf of ents face. in subsection (a) in the Bowen Gulch Protec- Grand County, which I am honored to Mr. Speaker, I urge the Senate to tion Area established under section 6 of the represent, that we could move so expe- simply take up these noncontroversial Colorado Wilderness Act of 1993 (16 U.S.C. ditiously, at least through the House, bills, pass them, and allow President 539j). through this body. Trump to sign them so we can resolve (c) LAND AND WATER CONSERVATION FUND.— Once again, I will call upon the Sen- these real-life issues that affect our For purposes of section 200306(a)(2)(B)(i) of ate, upon passage, to move on this bill. title 54, United States Code, the boundaries constituents. While it feels good to of the Arapaho National Forest, as modified Again, this is another bill the House pass a bill as a legislator—and Mr. TIP- under subsection (a), shall be considered to did its work on, we did pass last ses- TON deserves credit, and I look forward be the boundaries of the Arapaho National sion, and the Senate failed to pass into to being able to argue for the passage Forest as in existence on January 1, 1965. law.

VerDate Sep 11 2014 02:23 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.010 H06FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H984 CONGRESSIONAL RECORD — HOUSE February 6, 2017 It is very important for Grand Coun- it. I am looking forward to, after expe- SECTION 1. SHORT TITLE. ty. It is a commonsense protection of ditiously moving it out of this body, al- This Act may be cited as the ‘‘Bolts Ditch public lands. It was coordinated with lowing the Senate to do their work and Access and Use Act’’. local landowners and local officials, pass this bill into law. SEC. 2. BOLTS DITCH ACCESS. I am extremely grateful for the (a) ACCESS GRANTED.—The Secretary of Ag- supported by the county commis- riculture shall permit by special use author- sioners and Federal land agencies. House Natural Resources Committee’s ization nonmotorized access and use, in ac- The legislation involves a parcel of 10 support of this bill. I urge my col- cordance with section 293.6 of title 36, Code lots in Grand County, which we and leagues to vote in favor of its passage. of Federal Regulations, of the Bolts Ditch locals call the ‘‘wedge.’’ As indicated I reserve the balance of my time. headgate and the Bolts Ditch within the by its name, the parcel is wedged be- Mr. LAMBORN. Mr. Speaker, I would Holy Cross Wilderness, Colorado, as des- tween Arapaho National Forest and like to just build on what my colleague ignated by Public Law 96–560, for the pur- Rocky Mountain National Park, effec- was saying about the rest of his bills. poses of the diversion of water and use, tively separating the two. Although On this one, there is strong collabo- maintenance, and repair of such ditch and headgate by the Town of Minturn, Colorado, the wedge is integral for the successful ration and consensus. I look forward to working with him to pass it. I will a Colorado Home Rule Municipality. management of the public land, it re- (b) LOCATION OF FACILITIES.—The Bolts mains outside of the National Forest make an offer on the rest of his bills. If Ditch headgate and ditch segment referenced Service boundary. he lets me help him write them, I bet in subsection (a) are as generally depicted on Millions of visitors already enjoy the we could get them to the floor sooner. the map entitled ‘‘Bolts Ditch headgate and parcel’s beauty as they travel west In all seriousness, the Rocky Moun- Ditch Segment’’, dated November 2015. from the 13,000-foot apex of the Rocky tain National Park is a crown jewel of The SPEAKER pro tempore. Pursu- Mountains, along the Trail Ridge sce- the National Park System. I believe it ant to the rule, the gentleman from nic byway and into the destination is in the top five of all parks in the en- Colorado (Mr. LAMBORN) and the gen- town of Grand Lake, in my district. tire country in terms of visitorship. It tleman from Colorado (Mr. POLIS) each The area is undeveloped. Seven of the is very popular, and for good reason. It will control 20 minutes. ten parcels are already being managed is a spectacular and accessible place The Chair recognizes the gentleman by the U.S. Forest Service. The owners near Boulder, Colorado, not far from from Colorado (Mr. LAMBORN). of the remaining parcels are all in Denver. GENERAL LEAVE favor of this bill. It is very important Mr. Speaker, I have no additional Mr. LAMBORN. Mr. Speaker, I ask to point out that all of the stake- speakers. unanimous consent that all Members holders are supportive of this effort in I reserve the balance of my time. may have 5 legislative days to revise Mr. POLIS. Mr. Speaker, I urge my statute. and extend their remarks and include colleagues to pass this bill. Development of the wedge parcel extraneous materials on the bill under Furthermore, I call upon the United would significantly affect the health of consideration. States Senate to bring up these series Rocky Mountain National Park and The SPEAKER pro tempore. Is there of bills that are very important to hurt the adjoining Colorado River objection to the request of the gen- those of us like Mr. TIPTON, Mr. LAM- headwaters. Not only would the devel- tleman from Colorado? BORN, and me, who represent areas with opment harm clean water for millions, There was no objection. but it could also harm the economic substantial public land where our con- Mr. LAMBORN. Mr. Speaker, I yield potential for what is truly a jewel of stituents in the private sector, our myself such time as I may consume. the National Park System, Rocky residents, interact every day with Since 1882, the town of Minturn, Col- Mountain National Park, supporting issues around public land and land orado, has used Bolts Ditch to fill Bolts millions of visitors in the surrounding management. These issues will im- Lake, a place of recreation for the communities. prove the quality of life in our commu- town and an important source of water In recognition of these potential nities. This bill will help improve the for the surrounding community. When threats to the quality and character, as quality of the tourism experience, as Congress passed the Colorado Wilder- well as the economy and jobs in the well as the conservation goals of Rocky ness Act in 1980, 450 feet of Bolts Ditch area, there has been significant support Mountain National Park. was inadvertently included in the Holy locally for this bill. Supporters include I urge a ‘‘yes’’ vote. Cross Wilderness area, leading to ques- I yield back the balance of my time. everyone from local officials, like the Mr. LAMBORN. I yield back the bal- tions and the town’s ability to access Grand County Commissioners and the ance of my time. this important infrastructure. After a town of Grand Lake, to conservation The SPEAKER pro tempore. The discussion amongst stakeholders, the and outdoor recreation groups, includ- question is on the motion offered by town agreed to seek a legislative solu- ing Headwaters Trails Alliance, Con- the gentleman from Colorado (Mr. tion to address this access issue. servation Colorado, and the Rocky This bipartisan bill, sponsored by LAMBORN) that the House suspend the Mountain Nature Conservancy. rules and pass the bill, H.R. 688. Congressman JARED POLIS and cospon- H.R. 688 simply responds to the wish- The question was taken; and (two- sored by Congressman TIPTON and my- es of my constituency—including the thirds being in the affirmative) the self, simply allows the Forest Service landholders in these areas, particularly rules were suspended and the bill was to issue a special use permit to the those living in and around the wedge, passed. town of Minturn to allow nonmotorized as well as the visitors every year—by A motion to reconsider was laid on access to maintain a headgate and incorporating it into the Arapaho Na- the table. water ditch in the Holy Cross Wilder- tional Forest boundary and adding the ness. This bill ensures the town will f lots owned by the Forest Service into have access to Bolts Ditch for basic the adjacent Bowen Gulch Protection BOLTS DITCH ACCESS AND USE maintenance needs. Area, just as we did when the House ACT H.R. 689 was developed in consulta- passed this exact bill last year. Mr. LAMBORN. Mr. Speaker, I move tion with the community and the For- This strong, bipartisan bill has the to suspend the rules and pass the bill est Service and enjoys support from a express support of my Colorado col- (H.R. 689) to insure adequate use and wide range of groups in the region. I leagues in both chambers, including access to the existing Bolts Ditch urge adoption of the measure. the cosponsorship of Mr. TIPTON and headgate and ditch segment within the I reserve the balance of my time. Mr. LAMBORN, and introduction by Sen- Holy Cross Wilderness in Eagle County, Mr. POLIS. Mr. Speaker, I yield my- ator BENNET and Senator GARDNER in Colorado, and for other purposes. self such time as I may consume. the Senate. The Clerk read the title of the bill. Mr. Speaker, I introduced H.R. 689, It was passed out of the Natural Re- The text of the bill is as follows: the Bolts Ditch Access and Use Act, at sources Committee unanimously last H.R. 689 the request of our local community in Congress and passed here on the House Be it enacted by the Senate and House of Rep- my district, Minturn, Colorado. In floor. Unfortunately, the clock ran out resentatives of the United States of America in Eagle County, Minturn really needs before the Senate was able to consider Congress assembled, this legislation because it improves

VerDate Sep 11 2014 02:23 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.013 H06FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 6, 2017 CONGRESSIONAL RECORD — HOUSE H985 public land and water management in the gentleman from Colorado (Mr. under subsection (b) shall be the approxi- my district. LAMBORN) that the House suspend the mately 200 acres of land adjacent to Black The bill has bipartisan support. I rules and pass the bill, H.R. 689. Hills National Cemetery, South Dakota, generally depicted as ‘‘Proposed National Ceme- thank Mr. TIPTON and Mr. LAMBORN for The question was taken. tery Expansion’’ on the map entitled ‘‘Pro- collaborating with me on this bill here The SPEAKER pro tempore. In the posed Expansion of Black Hills National in the House. I am thankful that Sen- opinion of the Chair, two-thirds being Cemetery—South Dakota’’ and dated June ator GARDNER and Senator BENNET in the affirmative, the ayes have it. 16, 2016, except the land located within 100 have partnered to pass this bill as well. Mr. LAMBORN. Mr. Speaker, on that feet of the centerline of the Centennial Trail This legislation passed the House last I demand the yeas and nays. (which runs along the northern boundary of session, but once again was held up in The yeas and nays were ordered. the ‘‘Proposed National Cemetery Expan- the Senate. I call upon the Senate, The SPEAKER pro tempore. Pursu- sion’’) and that is located south of the Trail. after House passage, to act expedi- ant to clause 8 of rule XX, further pro- (d) BOUNDARY MODIFICATION.—Immediately after the public lands are withdrawn, deemed tiously to put this matter to rest. I am ceedings on this motion will be post- property, and transferred under subsection very hopeful we can get it across the poned. (b), the boundary of the Black Hills National finish line soon. f Cemetery shall be modified to include the I am grateful to the town of Minturn, public lands identified in subsection (c). to the conservation community, and to b 1715 (e) MODIFICATION OF PUBLIC LAND ORDER.— water utilities for working together for BLACK HILLS NATIONAL CEME- Immediately after the public lands under a commonsense solution that I am TERY BOUNDARY EXPANSION subsection (b) are withdrawn, deemed property, and transferred under subsection (b), proud to support. This is an example of ACT how we can truly solve any problem Public Land Order 2112, dated June 6, 1960 (25 Mr. LAMBORN. Mr. Speaker, I move Fed. Reg. 5243), shall be modified to exclude when everybody comes together and to suspend the rules and pass the bill the lands identified in subsection (c). works together to solve it. (H.R. 337) to transfer administrative ju- SEC. 3. LEGAL DESCRIPTIONS. The need for this bill is to solve a (a) PREPARATION OF LEGAL DESCRIPTIONS.— vital local problem for the people of risdiction over certain Bureau of Land Management land from the Secretary As soon as practicable following receipt of Minturn, Colorado, a town of about written confirmation from the Secretary of of the Interior to the Secretary of Vet- 1,000 people in Eagle County. The prob- Veterans Affairs that the land is suitable for lem it fixes results from a mistake, an erans Affairs for inclusion in the Black cemetery purposes, the Secretary of the In- error, in the 1980 Wilderness Act, which Hills National Cemetery, and for other terior shall publish in the Federal Register a inadvertently left Bolts Ditch off of the purposes. notice containing the legal descriptions of list of existing water facilities, where The Clerk read the title of the bill. the public lands withdrawn, deemed prop- The text of the bill is as follows: erty, and transferred under section 2(b). it should have been included. EGAL EFFECT.—The legal descriptions H.R. 337 (b) L This legislation would simply author- prepared under subsection (a) shall have the ize the special use of the Bolts Ditch Be it enacted by the Senate and House of Rep- same force and effect as if the legal descrip- headgate and the segment of the Bolts resentatives of the United States of America in tions were included in this Act, except that Ditch within the Holy Cross Wilderness Congress assembled, the Secretary of the Interior may correct area, allowing Minturn to use rights SECTION 1. SHORT TITLE. any clerical and typographical errors in the that it already has, existing water The Act may be cited as the ‘‘Black Hills legal descriptions. National Cemetery Boundary Expansion rights, to fill Bolts Lake. (c) AVAILABILITY.—Copies of the map re- Act’’. ferred to in section 2(c) and the legal descrip- The residents of Minturn, including SEC. 2. WITHDRAWAL AND TRANSFER OF PUBLIC tions prepared under subsection (a) shall be the mayor, whom I have met with, who LAND FOR CEMETERY USE. available for public inspection in the appro- brought this bill to me, as well as Colo- (a) DUE DILIGENCE.—Prior to the with- priate offices of— radans across the central mountains, drawal and transfer in subsection (b), the (1) the Bureau of Land Management; and have long relied on water infrastruc- Secretary of Veterans Affairs will complete (2) the National Cemetery Administration. ture like Bolts Ditch to access clean appropriate environmental, cultural re- (d) COSTS.—The Secretary of Veterans Af- and affordable drinking water for our source and other due diligence activities on fairs shall reimburse the Secretary of the In- growing communities. This bill will en- the public lands identified in subsection (c), terior for reasonable costs incurred by the Secretary of the Interior in implementing sure that the town of Minturn is able so that the Secretary of Veterans Affairs may confirm that the land is suitable for this section, including the costs of any sur- to utilize a crucial resource, and do so cemetery purposes. The Secretary of Vet- veys. without compromising the sanctity of erans Affairs shall notify the Secretary of SEC. 4. RESTORATION TO PUBLIC LANDS FOR the surrounding wilderness areas. the Interior of such due diligence activities NON-CEMETERY USE. I thank the Republican and Demo- prior to initiating and shall coordinate as (a) NOTICE AND EFFECT.—Upon a deter- cratic staffs on the committee for needed during the performance of such ac- mination by the Secretary of Veterans Af- working with us on this bill. tivities. fairs that all or a portion of the lands with- It is very important for the people of (b) WITHDRAWAL AND TRANSFER.—After drawn, deemed property, and transferred Minturn and for our central mountain completion of the due diligence activities in under section 2 shall not be used for ceme- subsection (a) and upon receipt by the Sec- tery purposes, the Secretary of Veterans Af- region in Colorado to pass this bill into retary of the Interior of written confirma- fairs shall notify the Secretary of the Inte- law. I urge its passage. tion from the Secretary of Veterans Affairs rior of such determination. Subject to sub- I reserve the balance of my time. that the land is suitable for cemetery pur- sections (b) and (c), the Secretary of Vet- Mr. LAMBORN. Mr. Speaker, I have poses, and subject to valid existing rights, erans Affairs shall transfer administrative no additional speakers. the public lands described in subsection (c) jurisdiction of the lands subject to such no- I reserve the balance of my time. shall be— tice to the Secretary of the Interior. Mr. POLIS. Mr. Speaker, I am grate- (1) withdrawn from all forms of appropria- (b) DECONTAMINATION.—The Secretary of ful that this body is moving forward on tion under the public land laws, including Veterans Affairs shall be responsible for the Bolts Ditch land boundary adjust- the mining laws, the mineral leasing laws, costs of any decontamination of the lands re- and the geothermal leasing laws, for as long sulting from contamination on the lands ment bill. I am hopeful that, after pas- as the lands remain under the administrative withdrawn, deemed property, and transferred sage, the Senate will bring this bill up jurisdiction of the Secretary of Veterans Af- under section 2(b) while the Secretary of and pass it on until it becomes law to fairs; Veterans Affairs exercised jurisdiction over remove any encumbrances that (2) deemed property as defined in section those lands subject to a notice under sub- Minturn has in accessing its pre- 102(9) of title 40, United States Code, for as section (a) determined by the Secretary of existing water rights due to a clerical long as the lands remain under the adminis- the Interior to be necessary for the lands to error from the 1980s. I urge a ‘‘yes’’ trative jurisdiction of the Secretary of Vet- be restored to the public lands. vote. erans Affairs; and (c) RESTORATION TO THE PUBLIC LANDS.— (3) transferred to the administrative juris- The lands subject to a notice under sub- I yield back the balance of my time. diction of the Secretary of Veterans Affairs section (a) shall only be restored to the pub- Mr. LAMBORN. I yield back the bal- for use as national cemeteries under chapter lic lands upon acceptance by the Secretary ance of my time. 24 of title 38, United States Code. of the Interior and a determination by the The SPEAKER pro tempore. The (c) LAND DESCRIPTION.—The public lands Secretary of the Interior that such lands are question is on the motion offered by withdrawn, deemed property, and transferred suitable for restoration to the public lands

VerDate Sep 11 2014 02:23 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.016 H06FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H986 CONGRESSIONAL RECORD — HOUSE February 6, 2017 and operation of one or more of the public HOUSE OF REPRESENTATIVES, tery that honors their sacrifice and land laws. COMMITTEE ON VETERANS’ AFFAIRS, commitment to the ideals that hold us (d) OPENING ORDER.—If the Secretary of Washington, DC, February 1, 2017. together as a nation. the Interior accepts the lands subject to such Hon. ROB BISHOP, With respect to the Black Hills Na- a notice and determines that the lands are Chairman, Committee on Natural Resources, tional Cemetery specifically, the BLM Washington, DC. suitable for restoration, in whole or in part, and the VA determined that only Con- the Secretary of the Interior may open the DEAR MR. CHAIRMAN: I am writing to you lands to operation of one or more of the pub- concerning H.R. 337, the Black Hills National gress can provide the permanent juris- lic land laws and may issue an order to that Cemetery Boundary Expansion Act. There diction transfer that is needed for this effect. are certain provisions in the legislation particular expansion; thus, we are con- which fall within the Rule X jurisdiction of sidering this bill and, after passage, are The SPEAKER pro tempore. Pursu- the Committee on Veterans’ Affairs. encouraging our friends in the Senate ant to the rule, the gentleman from In the interest of permitting your com- to do the same. Colorado (Mr. LAMBORN) and the gen- mittee to proceed expeditiously to floor con- Of course, this bill represents a small tleman from Colorado (Mr. POLIS) each sideration of this important bill, I am will- fraction of the ways we can support our ing to waive this committee’s right to se- will control 20 minutes. veterans and need to support our vet- The Chair recognizes the gentleman quential referral. I do so with the understanding that by waiving consideration of erans to demonstrate our appreciation from Colorado (Mr. LAMBORN). the bill, the Committee on Veterans’ Affairs for those who have served. We need to GENERAL LEAVE does not waive any future jurisdictional improve access to education and job Mr. LAMBORN. Mr. Speaker, I ask claim over the subject matters contained in training. We need to increase funding unanimous consent that all Members the bill which fall within its Rule X jurisdic- and raise the bar on accountability for may have 5 legislative days to revise tion. I request that you urge the Speaker to the Department of Veterans Affairs. name members of this committee to any and extend their remarks and to in- We should work to shorten wait times conference committee which is named to at VA hospitals by allowing nurses to clude extraneous materials on the bill consider such provisions. under consideration. Please place this letter into the committee practice to the full extent of their li- The SPEAKER pro tempore. Is there report on H.R. 337 and into the Congressional censure to ensure quality care in a objection to the request of the gen- Record during consideration of the measure quicker way at a reasonable cost, and tleman from Colorado? on the House floor. Thank you. there are many other things we need to There was no objection. Sincerely, do to make sure that those who proud- DAVID P. ROE, M.D., ly put their lives on the line—or in this Mr. LAMBORN. Mr. Speaker, I yield Chairman. case, who have paid the ultimate price myself such time as I may consume. to protect our freedom—and their fami- I rise in strong support of H.R. 337, HOUSE OF REPRESENTATIVES, lies and loved ones are cared for by this COMMITTEE ON NATURAL RESOURCES, the Black Hills National Cemetery country in recognition of their sac- Boundary Expansion Act, sponsored by Washington, DC, February 2, 2017. Hon. DAVID P. ROE, M.D., rifice. Congresswoman KRISTI NOEM of South I do believe this simple change in Dakota. Chairman, Committee on Veterans’ Affairs, Washington, DC. land ownership will have an impact by This bill expands the Black Hills Na- DEAR MR. CHAIRMAN: H.R. 337. the Black providing the men and women who tional Cemetery, outside of Sturgis, Hills National Cemetery Boundary Expan- have bravely served a final resting South Dakota, by permanently trans- sion Act, was introduced on January 5, 2017. place. Expanding the Black Hills Na- ferring the jurisdictional authority of The bill was referred primarily to the Com- tional Cemetery is a noble and worthy approximately 200 acres of undeveloped mittee on Natural Resources, with an addi- cause that deserves our support. Federal land from the Bureau of Land tional referral to the Committee on Vet- I thank my colleague from South Da- Management to the Department of Vet- erans’ Affairs. I thank you for allowing the Committee on kota for bringing this issue forward erans Affairs. Veterans’ Affairs to be discharged from fur- and for her hard work in guiding this Originally opened in 1948, the ceme- ther consideration of the bill so that it may bill through Congress. I urge my col- tery now houses a memorial carillon, a be scheduled by the Majority Leader. This leagues to join me in supporting this memorial to Korean war veterans, and discharge in no way affects your jurisdiction bill. is the final resting place of many nota- over the subject matter of the bill, and it Mr. Speaker, I reserve the balance of ble veterans, including Medal of Honor will not serve as precedent for future refer- my time. recipient Sergeant Charles Windolph. rals. In addition, should a conference on the Mr. LAMBORN. Mr. Speaker, I thank bill be necessary, I would support having the the gentleman from Colorado for his With its existing acreage, the cemetery Committee on Veterans’ Affairs represented can only accommodate a finite number gracious remarks. on the conference committee. Finally, to I yield such time as she may consume of additional burials. Transferring ju- memorialize our understanding, I would be risdiction of the land from the BLM to pleased to include your letter and this re- to the gentlewoman from the great the VA will provide space for hundreds sponse in the Congressional Record when the State of South Dakota (Mrs. NOEM), of additional grave sites for future gen- bill is considered by the House. who is working hard for the people of erations of American veterans. With- Thank you for your response and coopera- her State. out the transfer, the National Ceme- tion. I look forward to further opportunities Mrs. NOEM. I thank the gentleman to work with you this Congress. tery Administration will be forced to for yielding. Sincerely, Mr. Speaker, I rise in support of H.R. close the cemetery to further burials in ROB BISHOP, 337, the Black Hills National Cemetery the very near future. Chairman, Committee on Natural Resources. Boundary Expansion Act. This is a commonsense piece of legis- Mr. POLIS. Mr. Speaker, I yield my- I thank the chairman of the com- lation that will ensure that the Black self such time as I may consume. mittee and his staff for working so Hills National Cemetery can continue This bill provides the Veterans Ad- hard to move this bill through Con- to provide proper burial sites and final ministration with 200 acres of Federal gress. Their support means so much to resting places for America’s fallen he- land, which are currently managed by our veterans and to their families. roes. the Bureau of Land Management, in Those who have served and those At this point, I include in the RECORD order to expand the Black Hills Na- families who have sacrificed beside an exchange of letters with Chairman tional Cemetery. them deserve our Nation’s eternal grat- ROE of the Veterans’ Affairs Com- National cemeteries are reserved for itude. Since 1948, the Black Hills Na- mittee regarding this bill. I thank him the brave men and women who make tional Cemetery has been one way that for helping to expedite the consider- the ultimate personal sacrifice while we have shown that appreciation to ation of this bill today. serving in the military in defense of them. The cemetery currently covers I commend Representative NOEM for our freedom, and it is important that about 100 acres of land and is home to working closely with both the BLM we have the sufficient space to meet all the Korean War Veterans Memorial. Its and the VA on this issue, and I urge the of those interment requests. These he- peaceful landscape serves as the final adoption of the measure. roes have served our country and de- resting place for hundreds of service- I reserve the balance of my time. serve to permanently rest in a ceme- members and their family members.

VerDate Sep 11 2014 02:23 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\A06FE7.006 H06FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 6, 2017 CONGRESSIONAL RECORD — HOUSE H987 Chief David Beautiful Bald Eagle is The yeas and nays were ordered. and extend their remarks and to in- among the brave men and women bur- The SPEAKER pro tempore. Pursu- clude extraneous materials on the bill ied here. Born in a tepee in 1919, Chief ant to clause 8 of rule XX, further pro- under consideration. Bald Eagle served our country in World ceedings on this motion will be post- The SPEAKER pro tempore. Is there War II as a paratrooper and as one of poned. objection to the request of the gentleman from Colorado? the legendary Lakota code talkers. We f lost him last summer, but his life con- There was no objection. tinues to be an inspiration to the FORT FREDERICA NATIONAL Mr. LAMBORN. Mr. Speaker, I yield Lakota people and those who knew MONUMENT BOUNDARY EXPAN- myself such time as I may consume. H.R. 494, introduced by my colleague him. SION ACT UDDY CARTER of Geor- Brigadier General Richard E. Ells- Congressman B Mr. LAMBORN. Mr. Speaker, I move gia, expands the boundary of Fort worth was also laid to rest there. He to suspend the rules and pass the bill Frederica National Monument by au- was a man who flew 400 combat mis- (H.R. 494) to expand the boundary of thorizing the Secretary of the Interior sions during World War II. He earned Fort Frederica National Monument in to acquire approximately 21 acres of numerous medals and returned to the the State of Georgia, and for other pur- land. The St. Simons Land Trust cur- U.S., where he eventually became wing poses. rently owns the additional acreage and commander of the Rapid City Air Force The Clerk read the title of the bill. will steward the land until the Na- Base. In 1953, that base was renamed in The text of the bill is as follows: tional Park Service can acquire the his honor. H.R. 494 property. The surrounding community also The Fort Frederica National Monu- does its part to honor this hallowed Be it enacted by the Senate and House of Rep- resentatives of the United States of America in ment, located on St. Simons Island, ground. On a brisk day this past De- Congress assembled, Georgia, preserves the archaeological cember, Pennington County 4–H, the SECTION 1. SHORT TITLE. remnants of a fort established in 1736 Sturgis Boy Scouts, the Veterans of This Act may be cited as the ‘‘Fort Fred- by James Oglethorpe. Oglethorpe con- Foreign Wars Auxiliary, and commu- erica National Monument Boundary Expan- structed the fort to protect the Colony nity members came together and sion Act’’. of Georgia from attack from the Span- placed over 1,000 wreaths on the graves SEC. 2. FORT FREDERICA NATIONAL MONUMENT, ish. The fort successfully fended off a of servicemembers who were laid to GEORGIA. Spanish attack in 1742 and confirmed rest at this cemetery. They upheld the (a) MAXIMUM ACREAGE.—The first section Georgia as a British territory. vow that those laid to rest should of the Act of May 26, 1936 (16 U.S.C. 433g), is This bipartisan legislation is fully never be forgotten. Now we must do amended by striking ‘‘two hundred and fifty supported by the Georgia delegation, our part to uphold that very same vow. acres’’ and inserting ‘‘305 acres’’. and an identical version of this legisla- (b) BOUNDARY EXPANSION.— tion passed the House by voice vote in So we honor the legacy of these vet- (1) IN GENERAL.—The boundary of the Fort erans and many others at the Black Frederica National Monument in the State the 114th Congress. I urge the passage Hills National Cemetery, but the facil- of Georgia is modified to include the land of the bill. ity is not going to have the room it generally depicted as ‘‘Proposed Acquisition Mr. Speaker, I reserve the balance of needs to continue serving future vet- Areas’’ on the map entitled ‘‘Fort Frederica my time. erans without expansion. This bill National Monument Proposed Boundary Ex- Mr. POLIS. Mr. Speaker, I yield my- would allow that expansion by trans- pansion’’, numbered 369/132,469, and dated self such time as I may consume. ferring around 200 acres of adjacent April 2016. This bill expands the Fort Frederica (2) AVAILABILITY OF MAP.—The map de- National Monument to include a 20- land near Sturgis, South Dakota, from scribed in paragraph (1) shall be on file and the Bureau of Land Management’s ju- acre property, known as the North available for public inspection in the appro- Marsh, currently owned by the St. Si- risdiction to the Department of Vet- priate offices of the National Park Service. mons Land Trust. The National Park erans Affairs. My office worked with (3) ACQUISITION OF LAND.—The Secretary of Service evaluated the property in a these agencies and the stakeholders in the Interior may acquire the land and inter- 2014 study and determined that its ac- crafting this legislation, and all agreed ests in land described in paragraph (1) by donation or purchase with donated or appro- quisition would provide additional op- that this land transfer is necessary. portunities to protect and interpret re- The transfer of this land will provide priated funds from willing sellers only. (4) WRITTEN CONSENT OF OWNER.—No non- sources that are associated with the the Black Hills National Cemetery Federal property may be included in the site. with the additional burial space that is Fort Frederica National Monument without Fort Frederica, which is located on needed to assure that today’s veterans the written consent of the owner. St. Simons Island, Georgia, was built and servicemembers, as well as their (5) NO USE OF CONDEMNATION OR EMINENT by James Oglethorpe in 1736 to protect families, will be able to utilize the DOMAIN.—The Secretary of the Interior may the Colony of Georgia from Spanish space and that we will be able to up- not acquire by condemnation or eminent do- Florida. The National Park Service has main any land or interests in land under this hold our commitment and offer this managed the fort since 1936 when Presi- Nation’s eternal gratitude for every- Act or for the purposes of this Act. (6) NO BUFFER ZONE CREATED.—Nothing in dent Franklin D. Roosevelt used the thing that they have done for us. this Act, the establishment of the Fort Fred- Antiquities Act to designate the site as Again, I thank the committee, my erica National Monument, or the manage- a national monument. This bill is an colleagues, and the chairman for sup- ment plan for the Fort Frederica National important reminder of how a decision porting this bill. I urge a ‘‘yes’’ vote. Monument shall be construed to create buff- to protect and elevate our shared na- Mr. POLIS. Mr. Speaker, I urge my er zones outside of the Monument. That ac- tional heritage resonates generation colleagues to support this bill that sup- tivities or uses can be seen, heard, or de- after generation. ports our veterans. tected from areas within the Fort Frederica Here we are today, 80 years after I yield back the balance of my time. National Monument shall not preclude, President Roosevelt made the decision Mr. LAMBORN. Mr. Speaker, I urge limit, control, regulate, or determine the to establish a national monument, and conduct or management of activities or uses the adoption of this bill. outside of the Monument. we are looking at a terrific opportunity I yield back the balance of my time. to expand it and increase the resources The SPEAKER pro tempore. The The SPEAKER pro tempore. Pursu- it protects. By using money from the question is on the motion offered by ant to the rule, the gentleman from Land and Water Conservation Fund—a the gentleman from Colorado (Mr. Colorado (Mr. LAMBORN) and the gen- Federal program that wasn’t yet LAMBORN) that the House suspend the tleman from Colorado (Mr. POLIS) each around in President FDR’s time and of rules and pass the bill, H.R. 337. will control 20 minutes. which I fought hard to reauthorize in The question was taken. The Chair recognizes the gentleman this body—we can continue this impor- The SPEAKER pro tempore. In the from Colorado (Mr. LAMBORN). tant legacy. It is good to highlight the opinion of the Chair, two-thirds being GENERAL LEAVE work of the Land and Water Conserva- in the affirmative, the ayes have it. Mr. LAMBORN. Mr. Speaker, I ask tion Fund as we pass this bill with re- Mr. LAMBORN. Mr. Speaker, on that unanimous consent that all Members gard to a national monument that has I demand the yeas and nays. may have 5 legislative days to revise been with us for 80 years.

VerDate Sep 11 2014 02:53 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.020 H06FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H988 CONGRESSIONAL RECORD — HOUSE February 6, 2017 I thank the majority for advancing (H.R. 387) to amend title 18, United or maintained by that service only if the this bill, and I look forward to working States Code, to update the privacy pro- governmental entity obtains a warrant with them to advance similar legisla- tections for electronic communications issued using the procedures described in the Federal Rules of Criminal Procedure (or, in tion. information that is stored by third- the case of a State court, issued using State I reserve the balance of my time. party service providers in order to pro- warrant procedures) that— Mr. LAMBORN. Mr. Speaker, I yield tect consumer privacy interests while ‘‘(1) is issued by a court of competent juris- such time as he may consume to the meeting law enforcement needs, and diction; and gentleman from Georgia (Mr. CARTER). for other purposes. ‘‘(2) may indicate the date by which the Mr. CARTER of Georgia. I thank the The Clerk read the title of the bill. provider must make the disclosure to the gentleman for yielding. The text of the bill is as follows: governmental entity. In the absence of a date on the warrant indi- Mr. Speaker, the First Congressional H.R. 387 cating the date by which the provider must District of Georgia includes all 100 Be it enacted by the Senate and House of Rep- make disclosure to the governmental entity, miles of Georgia’s coastline and barrier resentatives of the United States of America in the provider shall promptly respond to the islands. It was on one of these islands Congress assembled, warrant. that the founder of Georgia, General SECTION 1. SHORT TITLE. ‘‘(b) CONTENTS OF WIRE OR ELECTRONIC James Oglethorpe, built a fort in 1736 This Act may be cited as the ‘‘Email Pri- COMMUNICATIONS IN A REMOTE COMPUTING to protect the new British Colony from vacy Act’’. SERVICE.— SEC. 2. VOLUNTARY DISCLOSURE CORRECTIONS. ‘‘(1) IN GENERAL.—Except as provided in the Spaniards. He named the fort and subsections (i) and (j), a governmental entity (a) IN GENERAL.—Section 2702 of title 18, nearby town ‘‘Frederica’’ in honor of may require the disclosure by a provider of United States Code, is amended— the Prince of Wales. In 1742, Fort Fred- remote computing service of the contents of (1) in subsection (a)— erica’s strategic location helped the a wire or electronic communication that is (A) in paragraph (1)— stored, held, or maintained by that service British win a decisive victory against (i) by striking ‘‘divulge’’ and inserting only if the governmental entity obtains a the Spanish in the Battle of Bloody ‘‘disclose’’; and warrant issued using the procedures de- Marsh. After this battle, the Spanish (ii) by striking ‘‘while in electronic storage scribed in the Federal Rules of Criminal Pro- abandoned their attempts to take over by that service’’ and inserting ‘‘that is in cedure (or, in the case of a State court, the territory, and Georgia was fully se- electronic storage with or otherwise stored, issued using State warrant procedures) cured as a British Colony. Today, Fort held, or maintained by that service’’; that— Frederica National Monument is a pop- (B) in paragraph (2)— ‘‘(A) is issued by a court of competent ju- ular destination in Glynn County, fea- (i) by striking ‘‘to the public’’; risdiction; and (ii) by striking ‘‘divulge’’ and inserting ‘‘(B) may indicate the date by which the turing portions of the original fort, a ‘‘disclose’’; and museum, and extensive hiking trails. provider must make the disclosure to the (iii) by striking ‘‘which is carried or main- governmental entity. H.R. 494 would allow for a small addi- tained on that service’’ and inserting ‘‘that tion of adjacent land that contains ar- is stored, held, or maintained by that serv- In the absence of a date on the warrant indi- tifacts from prehistoric human settle- ice’’; and cating the date by which the provider must (C) in paragraph (3)— make disclosure to the governmental entity, ments. With this addition, visitors will the provider shall promptly respond to the (i) by striking ‘‘divulge’’ and inserting be able to see a more complete story of warrant. ‘‘disclose’’; and the history of Georgia—from its ear- ‘‘(2) APPLICABILITY.—Paragraph (1) is appli- (ii) by striking ‘‘a provider of’’ and insert- cable with respect to any wire or electronic liest human residents, to colonial ing ‘‘a person or entity providing’’; communication that is stored, held, or main- times, to modern day. (2) in subsection (b)— tained by the provider— I thank the chairman for his consid- (A) in the matter preceding paragraph (1), ‘‘(A) on behalf of, and received by means of eration of this bill, and I thank the by inserting ‘‘wire or electronic’’ before electronic transmission from (or created by ‘‘communication’’; Natural Resources Committee’s staff means of computer processing of commu- for its efforts. I also thank the entire (B) by amending paragraph (1) to read as nication received by means of electronic Georgia delegation for supporting and follows: transmission from), a subscriber or customer cosponsoring this legislation. ‘‘(1) to an originator, addressee, or in- of such remote computing service; and tended recipient of such communication, to Mr. POLIS. Mr. Speaker, I thank my ‘‘(B) solely for the purpose of providing the subscriber or customer on whose behalf storage or computer processing services to colleagues for advancing this bill. I the provider stores, holds, or maintains such look forward to working with them to such subscriber or customer, if the provider communication, or to an agent of such ad- is not authorized to access the contents of advance similar legislation that ex- dressee, intended recipient, subscriber, or any such communications for purposes of pands, protects, and enhances our pub- customer;’’; and providing any services other than storage or lic lands. It is particularly a privilege (C) by amending paragraph (3) to read as computer processing. for me to work on a bill that uses re- follows: ‘‘(c) RECORDS CONCERNING ELECTRONIC COM- sources and that highlights for the ‘‘(3) with the lawful consent of the origi- MUNICATION SERVICE OR REMOTE COMPUTING nator, addressee, or intended recipient of American people the value of the Land SERVICE.— such communication, or of the subscriber or ‘‘(1) IN GENERAL.—Except as provided in and Water Conservation Fund. customer on whose behalf the provider subsections (i) and (j), a governmental entity I urge a ‘‘yes’’ vote. stores, holds, or maintains such communica- may require the disclosure by a provider of Mr. Speaker, I yield back the balance tion;’’; electronic communication service or remote of my time. (3) in subsection (c) by inserting ‘‘wire or computing service of a record or other infor- Mr. LAMBORN. Mr. Speaker, I yield electronic’’ before ‘‘communications’’; mation pertaining to a subscriber to or cus- back the balance of my time. (4) in each of subsections (b) and (c), by tomer of such service (not including the con- The SPEAKER pro tempore. The striking ‘‘divulge’’ and inserting ‘‘disclose’’; tents of wire or electronic communications), and question is on the motion offered by only— (5) in subsection (c), by amending para- ‘‘(A) if a governmental entity obtains a the gentleman from Colorado (Mr. graph (2) to read as follows: warrant issued using the procedures de- LAMBORN) that the House suspend the ‘‘(2) with the lawful consent of the sub- scribed in the Federal Rules of Criminal Pro- rules and pass the bill, H.R. 494. scriber or customer;’’. cedure (or, in the case of a State court, The question was taken; and (two- SEC. 3. AMENDMENTS TO REQUIRED DISCLO- issued using State warrant procedures) thirds being in the affirmative) the SURE SECTION. that— rules were suspended and the bill was Section 2703 of title 18, United States Code, ‘‘(i) is issued by a court of competent juris- passed. is amended— diction directing the disclosure; and A motion to reconsider was laid on (1) by striking subsections (a) through (c) ‘‘(ii) may indicate the date by which the and inserting the following: provider must make the disclosure to the the table. ‘‘(a) CONTENTS OF WIRE OR ELECTRONIC governmental entity; f COMMUNICATIONS IN ELECTRONIC STORAGE.— ‘‘(B) if a governmental entity obtains a Except as provided in subsections (i) and (j), court order directing the disclosure under b 1730 a governmental entity may require the dis- subsection (d); EMAIL PRIVACY ACT closure by a provider of electronic commu- ‘‘(C) with the lawful consent of the sub- nication service of the contents of a wire or scriber or customer; or Mr. YODER. Mr. Speaker, I move to electronic communication that is in elec- ‘‘(D) as otherwise authorized in paragraph suspend the rules and pass the bill tronic storage with or otherwise stored, held, (2).

VerDate Sep 11 2014 04:53 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.022 H06FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 6, 2017 CONGRESSIONAL RECORD — HOUSE H989 ‘‘(2) SUBSCRIBER OR CUSTOMER INFORMA- power of inquiry vested in the Congress by Thank you for this opportunity to TION.—A provider of electronic communica- article I of the Constitution of the United have this very important debate on a tion service or remote computing service States, including the authority to compel critical piece of legislation that has shall, in response to an administrative sub- the production of a wire or electronic com- been a long time in the coming. I poena authorized by Federal or State stat- munication (including the contents of a wire ute, a grand jury, trial, or civil discovery or electronic communication) that is stored, thank the chairman of the Judiciary subpoena, or any means available under held, or maintained by a person or entity Committee, Representative GOOD- paragraph (1), disclose to a governmental en- that provides remote computing service or LATTE, and Ranking Member CONYERS tity the— electronic communication service.’’. for their work and leadership in shep- ‘‘(A) name; SEC. 4. DELAYED NOTICE. herding this bill through the process ‘‘(B) address; Section 2705 of title 18, United States Code, and getting us to this moment on the ‘‘(C) local and long distance telephone con- is amended to read as follows: floor today. I thank my colleague, Mr. nection records, or records of session times ‘‘§ 2705. Delayed notice POLIS, for cosponsoring this legislation and durations; ‘‘(a) IN GENERAL.—A governmental entity ‘‘(D) length of service (including start and working so tirelessly over the past acting under section 2703 may apply to a few years. date) and types of service used; court for an order directing a provider of ‘‘(E) telephone or instrument number or electronic communication service or remote I think we originally introduced this other subscriber or customer number or computing service to which a warrant, order, bill back in 2013, and it takes a while identity, including any temporarily assigned subpoena, or other directive under section sometimes for a good idea to reach this network address; and 2703 is directed not to notify any other per- point in Congress, Mr. Speaker, and ‘‘(F) means and source of payment for such son of the existence of the warrant, order, this is an idea whose time has come. So service (including any credit card or bank subpoena, or other directive. I rise today to support these long over- account number), ‘‘(b) DETERMINATION.—A court shall grant a due, bipartisan ideas in this legislation of a subscriber or customer of such service. request for an order made under subsection ‘‘(3) NOTICE NOT REQUIRED.—A govern- (a) for delayed notification of up to 180 days that will bring our digital privacy laws mental entity that receives records or infor- if the court determines that there is reason into the 21st century. mation under this subsection is not required to believe that notification of the existence Mr. Speaker, the year was 1986. We to provide notice to a subscriber or cus- of the warrant, order, subpoena, or other di- can all try to think back where we tomer.’’; rective will likely result in— were in 1986. I am sure Kentucky had a (2) in subsection (d)— ‘‘(1) endangering the life or physical safety good basketball team back then. I (A) by striking ‘‘(b) or’’; of an individual; know Kansas did. I was 10 years old, (B) by striking ‘‘the contents of a wire or ‘‘(2) flight from prosecution; hoping to get a new Nintendo game electronic communication, or’’; ‘‘(3) destruction of or tampering with evi- (C) by striking ‘‘sought,’’ and inserting dence; console for Christmas so I could play ‘‘sought’’; and ‘‘(4) intimidation of potential witnesses; or Super Mario Brothers. You could buy a (D) by striking ‘‘section’’ and inserting ‘‘(5) otherwise seriously jeopardizing an in- ticket to see Top Gun for $2.75. In the ‘‘subsection’’; and vestigation or unduly delaying a trial. tech world, 1986 marked the debut of (3) by adding at the end the following: ‘‘(c) EXTENSION.—Upon request by a gov- the first laptop computer. It was 12 ‘‘(h) NOTICE.—Except as provided in section ernmental entity, a court may grant one or pounds. A mobile phone was the size of 2705, a provider of electronic communication more extensions, for periods of up to 180 days a small pet. service or remote computing service may no- each, of an order granted in accordance with Mr. Speaker, it was also the year in tify a subscriber or customer of a receipt of subsection (b).’’. which Congress passed the Electronic a warrant, court order, subpoena, or request SEC. 5. RULE OF CONSTRUCTION. under subsection (a), (b), (c), or (d) of this Nothing in this Act or an amendment Communication Privacy Act. Now, this section. made by this Act shall be construed to pre- law, at the time, there were only 10 ‘‘(i) RULE OF CONSTRUCTION RELATED TO clude the acquisition by the United States million email users worldwide. Most of LEGAL PROCESS.—Nothing in this section or Government of— us probably didn’t have email at that in section 2702 shall limit the authority of a (1) the contents of a wire or electronic time. Most Americans didn’t for sure. governmental entity to use an administra- communication pursuant to other lawful au- tive subpoena authorized by Federal or State Now, today, 232 million Americans send thorities, including the authorities under an email at least once per month. The statute, a grand jury, trial, or civil discovery chapter 119 of title 18 (commonly known as subpoena, or a warrant issued using the pro- first text message wouldn’t be sent for the ‘‘Wiretap Act’’), the Foreign Intelligence cedures described in the Federal Rules of Surveillance Act of 1978 (50 U.S.C. 1801 et another 6 years, and now Americans Criminal Procedure (or, in the case of a seq.), or any other provision of Federal law send more than a billion texts each State court, issued using State warrant pro- not specifically amended by this Act; or year. cedures) by a court of competent jurisdiction Mr. Speaker, the times and tech- to— (2) records or other information relating to ‘‘(1) require an originator, addressee, or in- a subscriber or customer of any electronic nologies have changed, but the laws tended recipient of a wire or electronic com- communication service or remote computing have not kept pace. Federal laws re- munication to disclose a wire or electronic service (not including the content of such garding how we treat and protect the communication (including the contents of communications) pursuant to the Foreign privacy of digital communications that communication) to the governmental Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), chapter 119 of title 18 have been unchanged since 1986 and, be- entity; cause of it, our digital content is not ‘‘(2) require a person or entity that pro- (commonly known as the ‘‘Wiretap Act’’), or any other provision of Federal law not spe- afforded the same Fourth Amendment vides an electronic communication service protections as our paper documents on to the officers, directors, employees, or cifically amended by this Act. agents of the person or entity (for the pur- The SPEAKER pro tempore. Pursu- our desks in our home. pose of carrying out their duties) to disclose ant to the rule, the gentleman from Now, the Fourth Amendment pro- a wire or electronic communication (includ- Kansas (Mr. YODER) and the gentleman tects the ‘‘right of the people to be se- ing the contents of that communication) to from Michigan (Mr. CONYERS) each will cure in their persons, houses, papers, or from the person or entity itself or to or control 20 minutes. and effects against unreasonable from an officer, director, employee, or agent The Chair recognizes the gentleman searches and seizures.’’ Yet when it of the entity to a governmental entity, if the from Kansas. comes to what is on Americans’ cell wire or electronic communication is stored, phones, their home computers, what held, or maintained on an electronic commu- GENERAL LEAVE nications system owned, operated, or con- Mr. YODER. Mr. Speaker, I ask might be in the cloud, or on their busi- trolled by the person or entity; or unanimous consent that all Members ness computer, whatever it is, our laws ‘‘(3) require a person or entity that pro- have 5 legislative days to revise and ex- allow Federal agencies like the IRS, vides a remote computing service or elec- tend their remarks and to include any the SEC, or law enforcement to kick tronic communication service to disclose a extraneous material on H.R. 387, cur- down their virtual doors and search an wire or electronic communication (including rently under consideration. innocent American’s private commu- the contents of that communication) that The SPEAKER pro tempore. Is there nications and data storage without a advertises or promotes a product or service warrant, without probable cause or any and that has been made readily accessible to objection to the request of the gen- the general public. tleman from Kansas? type of due process. ‘‘(j) RULE OF CONSTRUCTION RELATED TO There was no objection. Now, many Americans take great CONGRESSIONAL SUBPOENAS.—Nothing in this Mr. YODER. Mr. Speaker, I yield my- precautions to protect and store their section or in section 2702 shall limit the self such time as I may consume. digital communications on services

VerDate Sep 11 2014 02:53 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A06FE7.009 H06FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H990 CONGRESSIONAL RECORD — HOUSE February 6, 2017 like Dropbox, for example, or an I thank my colleagues on the left the notice provisions of the original iCloud. Yet our Federal laws perversely side of the aisle for their strong work bill, which are absent from the version treat that data storage as if somehow and strong support. This is a unifying we reported from committee. that data has been abandoned by its bill. It passed the House last year 419– In the digital world, no amount of owner and, therefore, that data loses 0. So it is the type of thing that is due diligence necessarily tells us that its constitutional protection. great policy coming out of the Judici- the government accessed our electronic Well, in 1986, Mr. Speaker, lawmakers ary Committee. I look forward to see- information. The government should believed within reason that individuals ing it pass again on the floor later have an obligation to provide us with and families wouldn’t store mass today. some form of notice when intruding on amounts of data online. They wouldn’t So, Mr. Speaker, we can send a uni- a record of our most private conversa- leave their Gmail stored online. They fying vote and a unifying message to tions. might have their own servers, or they the American people today. We can dis- I fully understand that not everyone would delete the emails or delete the pel the myth that Congress doesn’t shares this view, and I am willing to data. work together, and we can send a compromise, for now, in order to ad- Therefore, if an individual actually strong message to the American people vance the important reforms that we left information on a third-party stor- that their privacy matters. will adopt today. age, it was akin to that person leaving I urge passage. I am proud of the work we have done. their documents in a garbage can at I reserve the balance of my time. Last Congress, the House passed this the end of their driveway, therefore, Mr. CONYERS. Mr. Speaker, I yield legislation that has already been noted voiding its Fourth Amendment protec- myself such time as I may consume. by 419–0. I hope that today we can send tions. Thus, that individual had no rea- In 2014, in a unanimous ruling deliv- our colleagues in the Senate a simi- sonable expectation of privacy in re- ered by Chief Justice Roberts, the Su- larly strong signal to pass this bill. gards to that email under the Fourth preme Court concluded that the police This legislation is several years in Amendment. may not search a cell phone without the making, and it should not be de- As we all know, virtually everyone first demonstrating probable cause. layed any further. now stores millions of emails and tons Citing an obvious Fourth Amend- Accordingly, I urge my colleagues to of gigabytes of data and other personal ment interest—namely, the right to be support H.R. 387, the Email Privacy items on third-party servers. Those free from unreasonable search and sei- Act. I reserve the balance of my time. emails contain pictures and videos of zure—in the vast amount of data we The SPEAKER pro tempore. Without our kids, our business transactions, our store on our personal devices, the objection, the gentleman from Virginia most sensitive information that the Court wrote: (Mr. GOODLATTE) will control the time government shouldn’t have access to ‘‘The fact that technology now al- of the majority. without a warrant, without due process lows an individual to carry such infor- as required by the Constitution of the There was no objection. mation in his hand does not make the Mr. GOODLATTE. Mr. Speaker, I United States. information any less worthy of the pro- Establishing these privacy protec- yield myself such time as I may con- tection for which the Founders fought. tions are critical for both ensuring sume. Our answer to the question of what po- that American’s rights are protected, Today, the House of Representatives lice must do before searching a cell but also, Mr. Speaker, ensuring that will again vote to approve legislation phone seized incident to an arrest is ac- companies that do business in America that reforms and modernizes the Elec- cordingly simple—get a warrant.’’ know that they can ensure their cus- tronic Communications Privacy Act or With that decision, the Court took a tomers that if they store with them, ECPA. Last year, identical legislation bold step toward reconciling the they can protect it; that that informa- passed with unanimous bipartisan sup- Fourth Amendment with the advent of tion won’t be intruded upon or port by a vote of 419–0. modern communications technology. searched and seized without due proc- Reforming ECPA has been a top pri- Today the House takes a similar step ess of law, without their permission, ority for me as chairman of the Judici- to reconcile our interests in privacy without the government proving that ary Committee. I have worked with and due process with the realities of they have a need for that information Members of Congress, advocacy groups, modern computing. We do so for the and protecting individuals’ rights. and law enforcement agencies for years We ensure that cloud computer serv- second time. on many complicated nuances involved ices are covered by the same warranty H.R. 387, the Email Privacy Act, rec- in updating this law. for content requirements and that all ognizes that the content of our commu- The resulting bill is a carefully nego- data is treated as if it is paper docu- nications, although often stored in dig- tiated agreement to update the proce- ments given our law modernization ital format, remains worthy of Fourth dures governing government access to that is desperately needed. Amendment protection. And to inves- stored communications content and In addition to updating our constitu- tigators and government agents who records. tional rights, these privacy protections seek access to our email, our advice is Thirty years ago, when personal com- do create business certainty, making rather simple: get a warrant. puting was still in its infancy and few sure consumers will be happy to con- It is an idea whose time has long of us had ever heard of something tinue to use cloud storage services. since come. So this bill will allow us to called the world wide web, Congress en- Mr. Speaker, fundamentally, these move to a clear, uniform standard for acted ECPA to establish procedures changes in my bill codify the Sixth Cir- law enforcement agencies to access the that strike a fair balance between the cuit’s decision in U.S. v. Warshak, content of our communications; name- privacy expectations of American citi- which held that email content is pro- ly, a warrant based on probable cause. zens and the legitimate needs of law tected by the Fourth Amendment. A H.R. 387 also codifies the right of the enforcement agencies. decision which, while important, needs providers to give notice of this intru- In 1986, mail was sent through the to be enshrined in law as it only cur- sion to their customers, except in cer- U.S. Postal Service, a search engine rently applies in the Sixth Circuit. It tain exigent circumstances that must was called a library, and clouds were must be applied nationwide. be also validated by the court. found only in the sky. In 1986, com- Mr. Speaker, today we can cast a uni- We should note the absence of a spe- puter storage was finite and expensive. fying vote in these divided times. We so cial carve-out from the warrant re- It was unheard of that a commercial desperately want to find points of bi- quirement for the civil agencies, like product would allow users to send and partisanship and collegiality and to the Securities and Exchange Commis- receive electronic communications tell the American people that this Con- sion and the Internal Revenue Service. around the globe for free and store gress, this government is doing great Last Congress, in the Judiciary Com- those communications for years with a things to help protect Americans’ mittee, we reached quick consensus third-party provider. rights and to help modernize our laws that a civil carve-out of any kind is un- So much has changed in the last in a way that is consistent with how we workable, unconstitutional, or maybe three decades. The technology explo- communicate today. both. I would have preferred to keep sion of the last three decades has

VerDate Sep 11 2014 02:53 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.025 H06FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 6, 2017 CONGRESSIONAL RECORD — HOUSE H991 placed a great deal of information on Thirty years ago, the extent to which based on probable cause before search- the internet, in our emails, and on the people communicated electronically ing emails. That approach, now em- cloud. Today, commercial providers, was much more limited. Today, how- bodied in the Yoder-Polis Email Pri- businesses, schools, and governments ever, the ubiquity of electronic com- vacy Act, is what we are here today to of all shapes and sizes provide email munications requires Congress to en- consider. and cloud computing services to cus- sure that legitimate expectations of In an era in which government access tomers, students, and employees. privacy are protected, while respecting to an individual’s private information b 1745 the needs of law enforcement. I am held by third-party providers has be- confident that this bill strikes the nec- come far too easy, this legislation will The Email Privacy Act establishes essary balance and does so in a way finally update our laws to reflect our for the first time in Federal statute a that continues to promote the develop- new understanding of what it means, in uniform warrant requirement for ment and use of new technologies and the words of the Fourth Amendment, stored communication content in services that reflect how people com- for ‘‘people to be secure in their per- criminal investigations, regardless of municate with one another today and sons, houses, papers, and effects, the type of service provided, the age of in the future. against unreasonable searches and sei- an email, or whether the email has I would like to thank Congressman zures.’’ been opened. YODER and Congressman POLIS for in- Clarifying the laws will also help in- The bill preserves the authority for troducing the underlying legislation. dustry stakeholders who currently law enforcement agents to serve the It is my hope that today the House struggle to apply the existing, out- warrant on the provider because, as will once again approve this legislation dated categories of information to with any other third-party custodian, that embodies the principles of the their products and services, and it will the information sought is stored with Fourth Amendment and reaffirms our provide a clear standard for law en- them. However, the bill acknowledges commitment to protecting the privacy forcement. that providers may give notice to their interests of the American people with- This bill is not perfect and, clearly, customers when in receipt of a war- out unduly sacrificing public safety. I there is more to be done. In particular, rant, court order, or subpoena, unless urge my colleagues to support this bi- we must keep working to require a the provider is court-ordered to delay partisan legislation. probable cause warrant for location in- such notification. Mr. Speaker, I reserve the balance of formation. However, this bill is an im- The bill continues current practice my time. portant step forward toward ensuring that delineates which remote com- Mr. CONYERS. Mr. Speaker, when that our laws strike the right balance puting service providers, or cloud pro- the gentleman from New York (Mr. between the interests and needs of law viders, are subject to the warrant re- NADLER) was chairman of the Constitu- enforcement and the privacy rights of quirement for content in a criminal in- tion, Civil Rights, and Civil Liberties the American people. I urge my col- vestigation. Subcommittee in 2010, he held three leagues to support it. ECPA has traditionally imposed hearings on various aspects of ECPA, I congratulate all those involved in heightened legal process and proce- including the need for a warrant re- its development. dures to obtain information for which quirement. Mr. GOODLATTE. Mr. Speaker, I the customer has a reasonable expecta- I yield 3 minutes to the gentleman yield such time as he may consume to tion of privacy, namely, emails, texts, from New York (Mr. NADLER). the gentleman from Minnesota (Mr. photos, videos, and documents stored Mr. NADLER. Mr. Speaker, I rise in EMMER). in the cloud. H.R. 387 preserves this strong support of H.R. 387, the Email Mr. EMMER. Mr. Speaker, the Amer- treatment by maintaining in the stat- Privacy Act. I am proud to be an origi- ican people’s Fourth Amendment right ute limiting language regarding re- nal cosponsor of this legislation, which against unreasonable search and sei- mote computing services. will provide a critical update to the zure by our government must always Contrary to practice 30 years ago, privacy laws governing electronic com- be protected. Unfortunately, our pri- today, vast amounts of private, sen- munications. vacy protections from government in- sitive information are transmitted and The Electronic Communications Pri- trusion have not kept pace with the stored electronically. But this informa- vacy Act, or ECPA as it is known, was way we communicate with each other. tion may also contain evidence of a enacted in 1986. It was an attempt to It is long past time that we update our crime, and law enforcement agencies reestablish a balance between privacy Nation’s electronic communication pri- are increasingly dependent upon stored and law enforcement needs at a time vacy laws. communications content and records in when personal and business computing The last time we updated these laws their investigations. was becoming more commonplace. was 1986. That was 6 years after the To facilitate timely disclosure of evi- Over the last 30 years, however, we U.S. Olympic Hockey team’s Miracle dence to law enforcement, the bill au- have seen a revolution in communica- on Ice, 2 years after I graduated from thorizes a court to require a date for tions technology, and what might have college, and 1 year before the Min- return of service of the warrant. In the made sense in 1986 is vastly out of date nesota Twins won their first World Se- absence of such a requirement, H.R. 387 today. ries. Simply put, Mr. Speaker, that was requires email and cloud providers to New technologies, including cloud a long time ago. promptly respond to warrants for com- computing, social networking, and lo- Today, more than 200 million Ameri- munications content. cation-based services, have rendered cans have access to a smartphone, and Current law makes no distinction be- many of the law’s provisions outdated, many more use email and cloud tech- tween content disclosed to the public, vague, or inapplicable to emerging in- nology. However, many Americans may like an advertisement on a website, novations. For example, even a single not realize that these antiquated laws versus content disclosed only to one or email is potentially subject to multiple allow law enforcement to read every a handful of persons, like an email or different legal standards under current email that is more than 6 months old, text message. The result is that law en- law. without a warrant. forcement could be required to obtain a In 2009 and 2010, when I was the chair- The Email Privacy Act would codify warrant even for publicly disclosed man of the Subcommittee on the Con- the reasonable expectation of privacy content. The bill clarifies that com- stitution, Civil Rights, and Civil Lib- Americans already have in their elec- mercial public content can be obtained erties, we held multiple hearings to tronic communications by requiring a with process other than a warrant. consider reforms to our Nation’s elec- search warrant for private digital com- Lastly, H.R. 387 clarifies that nothing tronic and privacy laws. This work cul- munications. in the law limits Congress’ authority minated in the Electronic Communica- I was pleased to support this legisla- to compel a third-party provider to dis- tions Privacy Act Modernization Act of tion when it passed unanimously in the close content in furtherance of its in- 2012, a bill I introduced along with House last Congress, and I look forward vestigative and oversight responsibil- Ranking Member CONYERS requiring to its swift consideration in both ities. law enforcement to obtain a warrant Chambers in the 115th. I urge all of my

VerDate Sep 11 2014 02:53 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.026 H06FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H992 CONGRESSIONAL RECORD — HOUSE February 6, 2017 colleagues to support this long overdue cans. Those emails contain private The question was taken; and (two- modification of the law. communications for millions of us, and thirds being in the affirmative) the Mr. CONYERS. Mr. Speaker, I yield 4 they deserve the same right of privacy rules were suspended and the bill was minutes to the gentleman from Colo- as the letters in your file cabinet or passed. rado (Mr. POLIS), a former member of your desk. A motion to reconsider was laid on the Judiciary Committee and the lead You often hear Members talk about the table. Democratic sponsor of this bill. commonsense bills. Well, this bill real- Mr. POLIS. Mr. Speaker, the passage ly defines common sense. When you f of the Email Privacy Act is long over- read our bill, there is nothing more due. The fact that the law that governs common sense than the Email Privacy RESIGNATION AS MEMBER OF the government access to emails dates Act, which is why the bill passed 419–0 COMMITTEE ON ARMED SERVICES last Congress. Unfortunately, the bill from 1986, before email was really a The SPEAKER pro tempore laid be- mass phenomena, is a glaring loophole didn’t make it to a Senate Judiciary Committee vote, which is why I am so fore the House the following resigna- in our privacy protection laws. tion as a member of the Committee on 1986 was a time when we used floppy thrilled that Chairman GOODLATTE and Mr. CONYERS have succeeded in having Armed Services: disks to store our information, when, if FEBRUARY 6, 2017. Mr. MCCARTHY and Speaker RYAN bring any internet existed at all, it was just Hon. PAUL D. RYAN, a few people at research universities this bill forward so early this session, Speaker of the House, communicating with another. It was giving the Senate a chance to act. Washington, DC. far from a mass phenomena. I want to thank my colleague, Mr. DEAR SPEAKER RYAN: I, Pete Aguilar, am Today, this bill catches up with the YODER, for his hard work as the lead submitting my resignation from the House reasonable expectation that consumers sponsor on this bill. I remember he and Armed Services Committee effective imme- I, in gathering floor sponsors, would diately. It has been a privilege and honor to already have that their emails are pri- have served on this committee and I look vate. Just as Americans view their have these friendly contests of who could get more, Democrats or Repub- forward to serving my constituents in a new phone conversations as private, their capacity as a member of the House Appro- licans. That is how popular this bill physical letters through the mail pri- priations Committee. vate, Americans view their emails the was in terms of gaining 314 cosponsors, Sincerely, same way. Yet, until we close this more than any other bill in the House PETE AGUILAR, loophole, the government maintains of Representatives at that time. Member of Congress. access, without a warrant, to emails I urge my colleagues to vote ‘‘yes’’ The SPEAKER pro tempore. Without on this bill. Send a strong message to that are older than 6 months in a way objection, the resignation is accepted. the Senate to vote immediately on the that they do not allow access to your There was no objection. Email Privacy Act. Tell the Senate it old personal letters filed away in a fil- is time to stand up for the privacy of ing cabinet in your office. They don’t f Americans. This bill must be passed. I allow access to old voice mails, and urge my colleagues to vote ‘‘yes.’’ emails are, frankly, no different. RESIGNATION AS MEMBER OF Mr. CONYERS. Mr. Speaker, I have The Email Privacy Act requires that COMMITTEE ON ARMED SERVICES no further speakers. Americans have the same legal protec- I yield back the balance of my time. The SPEAKER pro tempore laid be- tion for our emails as we do for paper Mr. GOODLATTE. Mr. Speaker, I fore the House the following resigna- letters, faxes, and other types of com- urge my colleagues to vote for this tion as a member of the Committee on munication that may remain sitting good legislation. Armed Services: around. Updating this law simply I yield back the balance of my time. HOUSE OF REPRESENTATIVES, aligns the law to the digital and phys- Mr. SWALWELL of California. Mr. Speaker, Washington, DC, February 6, 2017. ical world. It has taken too long al- I rise in support of H.R. 387, the Email Privacy Hon. PAUL D. RYAN, Speaker of the House, ready. Today is a major step forward. Act. I would like to highlight the House Washington, DC. As I said last Congress, current law is woe- DEAR SPEAKER RYAN: I, Scott Peters, am has already passed this bill unani- fully out of date when it comes to protecting mously last session. How rare it is not submitting my resignation from the House privacy in electronic communications. I support Armed Services Committee effective imme- just Democrats and Republicans com- H.R. 387, just as I supported the same legisla- diately. It has been a privilege and honor to ing together, not just Chairman GOOD- tion previously, because it is long past time we have served on this committee. LATTE and Ranking Member CONYERS, afforded Americans the privacy they are due Sincerely, but every single Democrat and Repub- online. SCOTT H. PETERS. lican coming together, Mr. Speaker. At the same time, I am disappointed this bill The SPEAKER pro tempore. Without That is rare, and yet this body has spo- has come straight to the Floor, and not objection, the resignation is accepted. ken overwhelmingly last session and I through the Judiciary Committee, a committee There was no objection. hope will speak overwhelmingly again on which I sit. Nor are any Members able to today to encourage the Senate to offer amendments on the Floor. Going through f promptly bring up this bill and pass it the committee process and allowing amend- into law. ments on the Floor would have enabled us to RECESS This bill is a strong victory for bipar- address some of the concerns raised by law tisanship. This bill has been one of the The SPEAKER pro tempore. Pursu- enforcement about H.R. 387, such as its view ant to clause 12(a) of rule I, the Chair most popular bills in the entire Con- that the bill fails to enable personnel to expe- gress. I am proud to say, as the lead declares the House in recess until ap- diently obtain critical evidence. As a former proximately 6:30 p.m. today. Democrat, this bill had 314 cosponsors prosecutor I share its interest in making sure Accordingly (at 5 o’clock and 58 min- last Congress and passed unanimously. that while we improve privacy protections we utes p.m.), the House stood in recess. Back when Congress passed the Elec- do not impede the ability to bring people swift- tronic Communications Privacy Act in ly to justice. I urge the Senate to work to ad- f 1986, it is fair to say that electronic dress the points raised by law enforcement so communications meant something dif- we can continue to improve H.R. 387. b 1830 ferent than it means today. Thirty I encourage all Members to support H.R. years ago, modern email simply didn’t 387. AFTER RECESS exist. And today, with 24/7 accessi- The SPEAKER pro tempore. The bility, accessibility on our smart de- question is on the motion offered by The recess having expired, the House vices, in our homes, everywhere else, it the gentleman from Kansas (Mr. was called to order by the Speaker pro has been estimated that there were 205 YODER) that the House suspend the tempore (Mr. WOODALL) at 6 o’clock billion emails sent each day by Ameri- rules and pass the bill, H.R. 387. and 30 minutes p.m.

VerDate Sep 11 2014 04:53 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.028 H06FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 6, 2017 CONGRESSIONAL RECORD — HOUSE H993 REPORT ON RESOLUTION PRO- Colorado, and for other purposes, on Mast Quigley Speier VIDING FOR CONSIDERATION OF which the yeas and nays were ordered. Matsui Raskin Stefanik McCarthy Ratcliffe Stewart H.J. RES. 44, DISAPPROVING The Clerk read the title of the bill. McCaul Reed Stivers RULE SUBMITTED BY DEPART- The SPEAKER pro tempore. The McClintock Reichert Suozzi MENT OF THE INTERIOR RELAT- McCollum Renacci Swalwell (CA) question is on the motion offered by McEachin Rice (NY) ING TO BUREAU OF LAND MAN- Takano the gentleman from Colorado (Mr. McGovern Rice (SC) Taylor AGEMENT REGULATIONS; PRO- LAMBORN) that the House suspend the McHenry Roby Tenney VIDING FOR CONSIDERATION OF rules and pass the bill. McKinley Roe (TN) Thompson (CA) McMorris Rogers (AL) Thompson (MS) H.J. RES. 57, PROVIDING FOR The vote was taken by electronic de- Rodgers Rogers (KY) CONGRESSIONAL DISAPPROVAL Thompson (PA) vice, and there were—yeas 409, nays 1, McNerney Rokita Thornberry OF RULE SUBMITTED BY DE- not voting 22, as follows: McSally Rooney, Francis Tiberi PARTMENT OF EDUCATION RE- Meadows Rooney, Thomas Tipton [Roll No. 79] Meehan J. Titus LATING TO ACCOUNTABILITY Meng Ros-Lehtinen YEAS—409 Tonko AND STATE PLANS; AND PRO- Messer Rosen Torres Abraham Costello (PA) Higgins (LA) Mitchell Roskam VIDING FOR CONSIDERATION OF Trott Adams Courtney Higgins (NY) Moolenaar Ross Tsongas H.J. RES. 58, PROVIDING FOR Aderholt Cramer Hill Mooney (WV) Rothfus Turner CONGRESSIONAL DISAPPROVAL Aguilar Crawford Himes Moore Rouzer Upton Allen Crist Holding Moulton Roybal-Allard OF RULE SUBMITTED BY DE- Valadao Amodei Crowley Hollingsworth Mullin Royce (CA) PARTMENT OF EDUCATION RE- Vargas Arrington Cuellar Hoyer Murphy (FL) Ruiz LATING TO TEACHER PREPARA- Babin Culberson Hudson Murphy (PA) Ruppersberger Veasey TION ISSUES Bacon Curbelo (FL) Huffman Nadler Russell Vela ´ Banks (IN) Davidson Huizenga Napolitano Rutherford Velazquez Mr. BYRNE, from the Committee on Barletta Davis (CA) Hultgren Neal Ryan (OH) Visclosky Rules, submitted a privileged report Barr Davis, Danny Hunter Newhouse Sa´ nchez Wagner ´ (Rept. No. 115–9) on the resolution (H. Barragan Davis, Rodney Hurd Noem Sanford Walberg Barton DeFazio Issa Nolan Sarbanes Walden Res. 91) providing for consideration of Bass DeGette Jackson Lee Norcross Scalise Walker the joint resolution (H.J. Res. 44) dis- Beatty Delaney Jayapal Nunes Schakowsky Walorski approving the rule submitted by the Bera DeLauro Jenkins (KS) O’Halleran Schiff Walters, Mimi Bergman Demings Jenkins (WV) Walz Department of the Interior relating to O’Rourke Schneider Beyer Denham Johnson (GA) Olson Schrader Wasserman Bureau of Land Management regula- Biggs Dent Johnson (LA) Palazzo Schweikert Schultz tions that establish the procedures Bilirakis DeSantis Johnson (OH) Pallone Scott (VA) Waters, Maxine used to prepare, revise, or amend land Bishop (GA) DeSaulnier Johnson, E. B. Palmer Scott, Austin Watson Coleman Bishop (MI) DesJarlais Johnson, Sam Panetta Scott, David Weber (TX) use plans pursuant to the Federal Land Bishop (UT) Diaz-Balart Jones Pascrell Sensenbrenner Webster (FL) Policy and Management Act of 1976; Black Dingell Jordan Paulsen Serrano Welch providing for consideration of the joint Blackburn Doggett Joyce (OH) Payne Sewell (AL) Wenstrup Blum Donovan Kaptur resolution (H.J. Res. 57) providing for Pearce Shea-Porter Westerman Blumenauer Doyle, Michael Katko Pelosi Sherman Williams congressional disapproval under chap- Blunt Rochester F. Keating Perlmutter Shimkus Wilson (FL) ter 8 of title 5, United States Code, of Bonamici Duffy Kelly (IL) Perry Shuster Wilson (SC) the rule submitted by the Department Bost Duncan (TN) Kelly (MS) Peters Simpson Wittman Boyle, Brendan Dunn Kelly (PA) Peterson Sinema Womack of Education relating to accountability F. Emmer Kennedy Pingree Slaughter Woodall and State plans under the Elementary Brady (PA) Engel Khanna Pittenger Smith (MO) Yarmuth and Secondary Education Act of 1965; Brat Eshoo Kihuen Pocan Smith (NE) Yoder Bridenstine Espaillat Kildee and providing for consideration of the Poliquin Smith (NJ) Yoho Brooks (AL) Esty Kind Polis Smith (TX) Young (AK) joint resolution (H.J. Res. 58) providing Brooks (IN) Evans King (IA) Posey Smucker Young (IA) for congressional disapproval under Brown (MD) Farenthold King (NY) Price (NC) Soto Zeldin Brownley (CA) Faso Kinzinger chapter 8 of title 5, United States Code, Buchanan Ferguson Knight NAYS—1 of the rule submitted by the Depart- Buck Fitzpatrick Krishnamoorthi Amash ment of Education relating to teacher Bucshon Fleischmann Kuster (NH) preparation issues, which was referred Budd Flores Kustoff (TN) NOT VOTING—22 Burgess Fortenberry Labrador to the House Calendar and ordered to Brady (TX) Jeffries Rohrabacher Bustos Foster LaHood Cummings Kilmer Rush Butterfield Foxx LaMalfa be printed. DelBene Lynch Sessions Byrne Frankel (FL) Lamborn Deutch Meeks Sires f Calvert Franks (AZ) Lance Duncan (SC) Mulvaney Smith (WA) Capuano Frelinghuysen Langevin ANNOUNCEMENT BY THE SPEAKER Ellison Poe (TX) Zinke Carbajal Fudge Larsen (WA) Grijalva Price, Tom (GA) PRO TEMPORE ´ Cardenas Gabbard Larson (CT) Gutie´rrez Richmond The SPEAKER pro tempore. Pursu- Carson (IN) Gaetz Latta Carter (GA) Gallagher Lawrence b 1851 ant to clause 8 of rule XX, proceedings Carter (TX) Gallego Lawson (FL) will resume on motions to suspend the Cartwright Garamendi Lee Messrs. KRISHNAMOORTHI and rules previously postponed. Castor (FL) Garrett Levin LEWIS of Georgia changed their vote Castro (TX) Gibbs Lewis (GA) Votes will be taken in the following from ‘‘nay’’ to ‘‘yea.’’ Chabot Gohmert Lewis (MN) So (two-thirds being in the affirma- order: Chaffetz Gonzalez (TX) Lieu, Ted tive) the rules were suspended and the H.R. 689, by the yeas and nays; Cheney Goodlatte Lipinski Chu, Judy Gosar LoBiondo bill was passed. H.R. 337, by the yeas and nays. Cicilline Gottheimer Loebsack The result of the vote was announced The first electronic vote will be con- Clark (MA) Gowdy Lofgren as above recorded. ducted as a 15-minute vote. The second Clarke (NY) Granger Long A motion to reconsider was laid on electronic vote will be conducted as a Clay Graves (GA) Loudermilk Cleaver Graves (LA) Love the table. 5-minute vote. Clyburn Graves (MO) Lowenthal f f Coffman Green, Al Lowey Cohen Green, Gene Lucas BLACK HILLS NATIONAL CEME- BOLTS DITCH ACCESS AND USE Cole Griffith Luetkemeyer TERY BOUNDARY EXPANSION Collins (GA) Grothman Lujan Grisham, ACT Collins (NY) Guthrie M. ACT The SPEAKER pro tempore. The un- Comer Hanabusa Luja´ n, Ben Ray The SPEAKER pro tempore. The un- Comstock Harper MacArthur finished business is the vote on the mo- Conaway Harris Maloney, finished business is the vote on the motion to suspend the rules and pass the Connolly Hartzler Carolyn B. tion to suspend the rules and pass the bill (H.R. 689) to insure adequate use Conyers Hastings Maloney, Sean bill (H.R. 337) to transfer administra- and access to the existing Bolts Ditch Cook Heck Marchant tive jurisdiction over certain Bureau of Cooper Hensarling Marino headgate and ditch segment within the Correa Herrera Beutler Marshall Land Management land from the Sec- Holy Cross Wilderness in Eagle County, Costa Hice, Jody B. Massie retary of the Interior to the Secretary

VerDate Sep 11 2014 02:53 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.032 H06FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H994 CONGRESSIONAL RECORD — HOUSE February 6, 2017 of Veterans Affairs for inclusion in the Lujan Grisham, Pingree Smith (NJ) mittee on House Administration be dis- M. Pittenger Smith (TX) Black Hills National Cemetery, and for Luja´ n, Ben Ray Pocan Smucker charged from further consideration of other purposes, on which the yeas and MacArthur Poliquin Soto House Concurrent Resolution 18, and nays were ordered. Maloney, Polis Speier ask for its immediate consideration in The Clerk read the title of the bill. Carolyn B. Posey Stefanik the House. Maloney, Sean Price (NC) Stewart The SPEAKER pro tempore. The Marchant Quigley Stivers The Clerk read the title of the con- question is on the motion offered by Marino Raskin Suozzi current resolution. the gentleman from Colorado (Mr. Marshall Ratcliffe Swalwell (CA) The SPEAKER pro tempore. Is there Massie Reed Takano LAMBORN) that the House suspend the Mast Reichert Taylor objection to the request of the gen- rules and pass the bill. Matsui Renacci Tenney tleman from Mississippi? This will be a 5-minute vote. McCarthy Rice (NY) Thompson (CA) There was no objection. McCaul Rice (SC) Thompson (MS) The text of the concurrent resolution The vote was taken by electronic de- McClintock Roby Thompson (PA) vice, and there were—yeas 407, nays 0, McCollum Roe (TN) Thornberry is as follows: not voting 25, as follows: McEachin Rogers (AL) Tiberi H. CON. RES. 18 McGovern Rogers (KY) Tipton [Roll No. 80] McHenry Rokita Titus Resolved by the House of Representatives (the Senate concurring), YEAS—407 McKinley Rooney, Francis Tonko McMorris Rooney, Thomas Torres SECTION 1. USE OF ROTUNDA FOR HOLOCAUST Abraham Conyers Hanabusa Rodgers J. Trott DAYS OF REMEMBRANCE CERE- Adams Cook Harper McNerney Ros-Lehtinen Tsongas MONY. Aderholt Cooper Harris McSally Rosen Turner Aguilar Correa Hartzler The rotunda of the Capitol is authorized to Meadows Roskam Upton be used on April 25, 2017, for a ceremony as Allen Costa Hastings Meehan Ross Valadao Amash Costello (PA) Heck Meng Rothfus Vargas part of the commemoration of the days of re- Amodei Courtney Hensarling Mitchell Rouzer Veasey membrance of victims of the Holocaust. Arrington Cramer Herrera Beutler Moolenaar Roybal-Allard Vela Physical preparations for the ceremony shall Babin Crawford Hice, Jody B. Mooney (WV) Royce (CA) Vela´ zquez be carried out in accordance with such condi- Bacon Crist Higgins (LA) Moore Ruiz Visclosky tions as the Architect of the Capitol may Banks (IN) Crowley Higgins (NY) Moulton Ruppersberger Wagner prescribe. Barletta Cuellar Hill Mullin Russell Walberg Barr Culberson Himes Murphy (FL) Rutherford Walden The concurrent resolution was agreed Barraga´ n Curbelo (FL) Holding Murphy (PA) Ryan (OH) Walker to. Barton Davidson Hollingsworth Nadler Sa´ nchez Walorski A motion to reconsider was laid on Bass Davis (CA) Hoyer Napolitano Sanford Walters, Mimi Beatty Davis, Danny Hudson Neal Sarbanes Walz the table. Bera Davis, Rodney Huffman Newhouse Scalise Wasserman f Bergman DeFazio Huizenga Noem Schakowsky Schultz Beyer DeGette Hultgren Nolan Schiff Waters, Maxine RESIGNATION AS MEMBER OF Biggs Delaney Hurd Norcross Schneider Watson Coleman COMMITTEE ON ARMED SERVICES Bilirakis DeLauro Issa Nunes Schrader Weber (TX) Bishop (GA) Demings Jackson Lee O’Halleran Schweikert Webster (FL) The SPEAKER pro tempore (Mr. Bishop (MI) Denham Jayapal O’Rourke Scott (VA) Welch BUDD) laid before the House the fol- Bishop (UT) Dent Jenkins (KS) Olson Scott, Austin Wenstrup Black DeSantis Jenkins (WV) Palazzo Scott, David Westerman lowing resignation as a member of the Blackburn DeSaulnier Johnson (LA) Pallone Sensenbrenner Williams Committee on Armed Services: Blum DesJarlais Johnson (OH) Palmer Serrano Wilson (FL) CONGRESS OF THE UNITED STATES, Blumenauer Diaz-Balart Johnson, E. B. Panetta Sewell (AL) Wilson (SC) HOUSE OF REPRESENTATIVES, Blunt Rochester Dingell Johnson, Sam Pascrell Shea-Porter Wittman Bonamici Doggett Jones Paulsen Sherman Womack Washington, DC, February 6, 2017. Bost Donovan Jordan Payne Shimkus Woodall Hon. PAUL D. RYAN, Boyle, Brendan Doyle, Michael Joyce (OH) Pearce Shuster Yarmuth Speaker of the House, F. F. Kaptur Pelosi Simpson Yoder Washington, DC. Brady (PA) Duffy Katko Perlmutter Sinema Yoho DEAR SPEAKER RYAN: I, Joaquin Castro, am Brady (TX) Duncan (TN) Keating Perry Slaughter Young (AK) Brat Dunn Kelly (IL) submitting my resignation from the House Peters Smith (MO) Young (IA) Armed Services Committee effective imme- Bridenstine Emmer Kelly (MS) Peterson Smith (NE) Zeldin Brooks (AL) Engel Kelly (PA) diately. It has been a privilege and honor to Brooks (IN) Eshoo Kennedy NOT VOTING—25 have served on this committee. Please do not Brown (MD) Espaillat Khanna Ca´ rdenas Jeffries Richmond hesitate to contact my office with any ques- Brownley (CA) Esty Kihuen Cummings Johnson (GA) Rohrabacher tions or concerns. Buchanan Evans Kildee DelBene Kilmer Rush Sincerely, Buck Farenthold Kind Deutch Lynch Sessions Bucshon Faso King (IA) JOAQUIN CASTRO, Duncan (SC) Meeks Sires Member of Congress. Budd Ferguson King (NY) Ellison Messer Burgess Fitzpatrick Kinzinger Smith (WA) Grijalva Mulvaney Zinke The SPEAKER pro tempore. Without Bustos Fleischmann Knight Gutie´rrez Poe (TX) objection, the resignation is accepted. Butterfield Flores Krishnamoorthi Hunter Price, Tom (GA) Byrne Fortenberry Kuster (NH) There was no objection. Calvert Foster Kustoff (TN) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE f Capuano Foxx Labrador The SPEAKER pro tempore (during Carbajal Frankel (FL) LaHood the vote). There are 2 minutes remain- ISRAEL BONDS’ ‘‘A NIGHT ON THE Carson (IN) Franks (AZ) LaMalfa BEACH’’ Carter (GA) Frelinghuysen Lamborn ing. Carter (TX) Fudge Lance b 1858 (Ms. ROS-LEHTINEN asked and was Cartwright Gabbard Langevin given permission to address the House Castor (FL) Gaetz Larsen (WA) So (two-thirds being in the affirma- for 1 minute and to revise and extend Castro (TX) Gallagher Larson (CT) tive) the rules were suspended and the Chabot Gallego Latta her remarks.) Chaffetz Garamendi Lawrence bill was passed. The result of the vote was announced Ms. ROS-LEHTINEN. Mr. Speaker, Cheney Garrett Lawson (FL) this Saturday night is Israel Bonds’ Chu, Judy Gibbs Lee as above recorded. Cicilline Gohmert Levin A motion to reconsider was laid on ‘‘Una Noche en la Playa’’—‘‘A Night on Clark (MA) Gonzalez (TX) Lewis (GA) the table. the Beach’’—in Miami Beach. Clarke (NY) Goodlatte Lewis (MN) Over the years, I have had the honor Clay Gosar Lieu, Ted f Cleaver Gottheimer Lipinski of participating in many of Israel Clyburn Gowdy LoBiondo PERMITTING THE USE OF THE RO- Bonds’ programs. The work that Israel Coffman Granger Loebsack TUNDA OF THE CAPITOL FOR A Bonds does is vital in expanding and Cohen Graves (GA) Lofgren CEREMONY AS PART OF THE Cole Graves (LA) Long growing Israel’s economy and has Collins (GA) Graves (MO) Loudermilk COMMEMORATION OF THE DAYS helped Israel become a global leader Collins (NY) Green, Al Love OF REMEMBRANCE OF VICTIMS and innovator in so many sectors. Comer Green, Gene Lowenthal OF THE HOLOCAUST With all of the threats now facing the Comstock Griffith Lowey Conaway Grothman Lucas Mr. HARPER. Mr. Speaker, I ask Jewish state, the work of Israel Bonds Connolly Guthrie Luetkemeyer unanimous consent that the Com- is more important now than ever. The

VerDate Sep 11 2014 02:53 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.034 H06FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 6, 2017 CONGRESSIONAL RECORD — HOUSE H995 guest speaker will be none other than scholarship opportunities for students in the district and look at the condi- the Israeli Ambassador to the United and that vacated Coach Boeheim of 108 tions of our flood control system in States, my good friend and Miami wins. northern California, which, I am sure, Beach native, Ron Dermer. While we cannot stand for impro- is reflective of a lot of the systems The Israel Bonds event will also serve priety in collegiate athletics, we must across this country. One particular as a commemorative tribute to Isaac have transparency, consistency, and area I was shown has had 10 feet of and Nieves Olemberg. Isaac and Nieves fairness from the NCAA—an organiza- levee eaten away just since the end of were dear friends who did so much for tion that is charged with promoting December. This points out, with recent the south Florida community, for the higher education opportunities and legislation that has been passed—good American Jewish community, for the protecting the welfare of students. legislation—that we still aren’t, by any Cuban American community, and for That is why I have and will continue to means, close to fulfilling our infra- Israel, herself. Their memories will for- champion bipartisan legislation in the structure needs. ever live on through their kindness and House to reform the NCAA and bring Our flood control systems all over compassion. accountability and due process to this the country and in my own district in f organization. There is no denying that northern California need immediate re- Jim Boeheim was the coach for 1,000 sults. We expect a great amount of CONGRATULATING THE NEW basketball wins at Syracuse Univer- rain. I know we complain about ENGLAND PATRIOTS sity, and the NCAA should recognize drought in California—feast or fam- (Mr. LANGEVIN asked and was given that fact. ine—but we need to continue to shore permission to address the House for 1 Our community celebrates and con- up these systems here because, other- minute and to revise and extend his re- gratulates Coach Boeheim for this tre- wise, it will place communities in dan- marks.) mendous achievement, and it is my ger from the high flows we could get. Mr. LANGEVIN. Mr. Speaker, ‘‘Never high honor to recognize him here With so much rain forecasted in the stop believing.’’ Those words are going today. near future and with our lakes getting to be on the front page of The Provi- Congratulations, Coach—and Go Or- full, there won’t be a place to put that dence Journal tomorrow morning. ange. water. We need this infrastructure, and Like all true tests of faith, last f we need the Army Corps and everybody to be on board with fully developing night’s Super Bowl wasn’t easy going, AMERICA IS A DEFENDER, NOT AN and permitting these projects and get- and there were times, I have to say, OFFENDER when I was tempted to throw up my ting the money going. Urgency is need- (Ms. JACKSON LEE asked and was hands and just go to bed, but I followed ed. given permission to address the House the words of our quarterback and—oh, f for 1 minute and to revise and extend boy—was I rewarded. her remarks.) A BEACON OF DEMOCRACY What a game. Ms. JACKSON LEE. Mr. Speaker, I (Mr. MCEACHIN asked and was given If there were any doubts, Mr. Speak- know this Nation’s values. Many of us permission to address the House for 1 er, about who the greatest quarterback study it in the Constitution, and as a minute and to revise and extend his re- of all time is, Tom Brady answered senior member of the Judiciary Com- marks.) them last night; if there were any who mittee, we review that document on Mr. MCEACHIN. Mr. Speaker, in our questioned whether Bill Belichick was many occasions. We are a nation that country, political enemies do not dis- the best coach on the planet, this stands for principles of democracy; so I appear in the dark of night or become, morning, they are silent; and I am sure am very disturbed by an interview that mysteriously, fatally ill. In our coun- they would all admonish me if I didn’t was given by the White House this try, the press is separate from the gov- say that football is a team sport. So, weekend that defended Putin—a man ernment, and journalists do not find for those who had not yet been satis- who invades to dominate, to kill, a themselves jailed or out of business for fied that the amazing string of suc- man who supports a despot in Syria writing articles with which the govern- cesses my New England Patriots put who has killed and gassed his own peo- ment disagrees. While the journalists together makes them the NFL’s finest ple—and compared his acts to any that are not made to write accolades about team, Super Bowl LI speaks for itself. the men and women in the United leadership or about whether they agree Mr. Speaker, it was truly a team ef- States military or in the United States or not, I stand here in light of the fort, and I offer my heartfelt congratu- may have done. It is not comparable to President’s words that were aired over lations to Bob Kraft and to the entire or even equal or even anywhere near the weekend that suggested that our Patriots franchise. the kind of despotism of Russia under country is comparable to Russia. Congratulations, Patriots and Patri- Putin. In our country, laws and the Con- ots Nation. I am offended, and I apologize to the stitution are supreme, not just one per- f American people for any comparison. I son. The courts rule on our Constitu- HONORING JIM BOEHEIM’S believe it to be appropriate for the tion, not one leader. In our country, COACHING CAREER White House to clarify and to apologize lawyers, advocates, and citizens are for suggesting that our values and the free to challenge the government and (Mr. KATKO asked and was given efforts we take to protect people who its leadership without fear of reprisals. permission to address the House for 1 may encounter efforts of war in any Mr. Speaker, our country has been a minute.) way can be compared to Putin, who is, beacon of democracy and freedom and Mr. KATKO. Mr. Speaker, I rise to in fact, someone who kills—and kills to hope for people all around the globe. I congratulate Syracuse University bas- dominate, not to help. would suggest to the White House that ketball coach Jim Boeheim upon the America is a defender, not an of- it stop squandering that reputation occasion of his 1,000th win this past fender. I stand here proudly, sup- with idle comments and dangerous ac- Saturday over the mighty Virginia porting the values of the United States tions. Cavaliers. of America, a country that believes in f Coach Boeheim has dedicated over 40 the blessings of God and democracy. years of his life to Syracuse Univer- HONORING COLONEL BYRON DEEL f sity, and he and his wife, Juli, are (Mr. DESJARLAIS asked and was known locally for their outstanding SHORE UP FLOOD CONTROL given permission to address the House generosity and philanthropy. SYSTEM INFRASTRUCTURE for 1 minute and to revise and extend While central New York happily cele- (Mr. LAMALFA asked and was given his remarks.) brated Coach Boeheim’s 1,000th win permission to address the House for 1 Mr. DESJARLAIS. Mr. Speaker, I rise this past weekend, the occasion was minute and to revise and extend his re- to honor Colonel Byron Deel, Chief of not recognized by the NCAA due to ar- marks.) the Joint Staff, Tennessee National bitrarily harsh sanctions that followed Mr. LAMALFA. Mr. Speaker, over Guard, who will be retiring this week an 8-year investigation that eliminated the weekend, I had a chance to go out after 32 years of dedicated service.

VerDate Sep 11 2014 02:53 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.038 H06FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H996 CONGRESSIONAL RECORD — HOUSE February 6, 2017 Throughout his career, Byron has This news came less than a week after Mr. reacted if Hillary Clinton had been elected held numerous leadership roles with a Trump and his inauguration committee and the Clinton Foundation were merely wide range of responsibilities. Whether hosted parties and other events at the leasing a government building, let alone it be his command of the Joint Trump International Hotel in Washington, in using it to generate revenue. the government-owned Old Post Office. Even If the agency doesn’t act, a competing Counterdrug Task Force or his current his press secretary, Sean Spicer, has become hotel could sue to demand that it cancel the position as Chief of the Joint Staff, a pitchman: ‘‘It’s an absolutely stunning lease because the president’s control of the Byron has exemplified a work ethic and hotel,’’ he said recently. ‘‘I encourage you to hotel represents unfair competition. The a regard for others that is second to go there if you haven’t been by.’’ Trump Hotel has been drawing business none. Self-dealing is such standard procedure for away from other hotels, precisely because its Colonel Deel’s career includes two this White House that a cynic (or satirist) proprietor occupies the White House. Indeed, deployments: in 2001 to Bosnia and in might say it’s time to give in and try to put the hotel has promoted itself on Twitter Mr. Trump’s conflicts of interest to work for 2005 to Afghanistan. His exemplary with an image of a man relaxing in one of its the public. Maybe if he had hotels in every rooms, gazing out upon a building that looks service is reflected in the numerous nation, he’d have a financial interest in very like the White House (it’s actually the commendations he has received, in- being less bellicose, and more supportive of Environmental Protection Agency, which cluding the Bronze Star and the Ten- the free flow of trade and of people, even if Mr. Trump campaigned to abolish). Since the nessee National Guard Distinguished they happen to be Mexican or Muslim. election, embassies from countries that in- Service Medal, among a long list of But we really prefer the old-fashioned ap- clude Bahrain, Kuwait and Azerbaijan have many others. It is also important to proach in which presidents put the public in- held receptions at the hotel, and diplomats terest ahead of their own finances. Federal say it’s important that they be seen patron- mention that his wife, Mary Deel, ethics officials have told Mr. Trump that he whom Byron introduces as the ‘‘better izing it. should divest his business interests to avoid Mr. Trump has boasted that the presidency deal,’’ serves in the National Guard as allegations of bribery and to assure Ameri- boosts his brand. He should focus instead on the Education Services Officer. cans that their needs are his only concern. how his commercial ambition is tarnishing On a personal note, Byron has been Mr. Trump argues that he can put a ‘‘fire- the image of public service. If he continues an invaluable resource for me and my wall’’ between his businesses and himself by to reduce the most powerful office in the staff on issues that impact our guards- having his eldest sons manage them. The world to a marketing scheme, ethical public men. While I am sorry that Tennessee president and the Trump Organization last servants, in Congress and across the govern- week hired lawyers to keep an eye on the ment, can’t stand by and watch. is losing an officer of such high caliber, Trumps, a laughable ploy that doesn’t meet I extend a heartfelt thanks for his out- ethical or anti-corruption standards and con- Ms. KAPTUR. Mr. Speaker, it bodes standing service and wish him the very stitutional requirements. ill for our beloved Republic. Trump In- best in his retirement. Mr. Trump has argued that the law per- corporated appears as if it plans to f mits the president to keep his business—even milk the Presidency with his enhanced though no modern president has done so, and international profile. The Trump Orga- b 1915 far poorer ones than he have sold off business nization is looking to expand domestic VIOLATIONS LINGER interests to serve. He and his lawyers have branded hotels in the 26 largest metro- played down the importance of the emolu- politan areas, up from five. (Ms. KAPTUR asked and was given ments clause of the Constitution, which pro- permission to address the House for 1 hibits government officials from accepting At his Mar-a-Lago Club, which the minute.) gifts or income from foreign governments President dubbed the Winter White Ms. KAPTUR. Mr. Speaker, can- without the approval of Congress. And he re- House, the club fees just doubled to didate Donald Trump promised he fuses to release his tax returns and divest his $200,000. The Trump inaugural com- assets and put the proceeds in a blind trust, mittee hosted parties and other events would drain the swamp. The American as his cabinet nominees are doing right now. people believed him. But instead of at the Trump International Hotel, and Consider the Trump Hotel. Mr. Trump has his official staff in the West Wing draining the swamp, it has become a 60-year lease on the property with the Gen- abundantly clear he is driving his own eral Services Administration. That contract sound like salesmen endorsing that pylons deeply into the swamp. states that no elected federal official ‘‘shall hotel. All this is with the backdrop of Already, Trump Incorporated is mak- be admitted to any share or part of this President Trump refusing to fully di- ing significant profits off the Presi- lease, or to any benefit that may arise there- vest his company, put his assets in a from.’’ That unambiguous clause exists to true blind trust, or release his tax re- dent’s position. Personal profits aren’t prevent corruption and self-dealing by gov- what serving the public is about. turns. The question of President ernment officials. Trump’s Emolument Clause violations My mother used to ask about the Since Mr. Trump officially violated the linger behind every action he takes. It superrich: Do they ever fill up? lease when he assumed office, the agency is In fact, The New York Times Edi- clearly obligated to cancel the lease or re- is time for him to fess up. The SPEAKER pro tempore. Mem- torial Board wrote a scathing indict- quire that it be sold to another hotel oper- bers are reminded to refrain from en- ment of Trump Incorporated. I include ator. Ranking Democrats on the House and Senate committees with jurisdiction over gaging in personalities toward the that article in the RECORD. the agency have for weeks been asking it to President. [From the New York Times, Feb. 1, 2017] address the lease violation. So far, the agen- f WHITE HOUSE INC. cy, which reports to the president, appears to have done nothing. Mr. Trump’s lawyers NATIONAL SCHOOL COUNSELING (By the Editorial Board) preposterously contend that because he was WEEK As a candidate, President Trump spent not an elected official when the lease was contributors’ money for office space that he signed, he hasn’t broken it. (Mr. THOMPSON of Pennsylvania owned, stays at his resorts and food at his Aside from violating the lease terms, Mr. asked and was given permission to ad- restaurants. He spent contributors’ money Trump is very likely violating the emolu- dress the House for 1 minute and to re- on Trump-branded wine and water. He dis- ments clause by holding on to the hotel. His vise and extend his remarks.) played Trump merchandise at campaign lawyers have said that he will donate profits Mr. THOMPSON of Pennsylvania. events. Now he seems determined to milk from rooms rented to foreign governments to Mr. Speaker, I rise today on the start the presidency, apparently synonymous with the Treasury, but that’s no cure. Experts say of National School Counseling Week to his brand in his eyes, for a fortune. it would be next to impossible to account for ‘‘The brand is certainly a hotter brand foreign ‘‘profits’’—which, of course, would be recognize the tremendous impact that than it was before,’’ Mr. Trump observed, based on the hotel’s own calculations. Is the school counselors have on our students. with satisfaction, shortly after the election. hotel prepared to open its books so the pub- School counselors are committed to Last week, an executive of the Trump Or- lic can judge those numbers for itself? helping students realize their full po- ganization, Eric Danziger, said it would open Congress ought to demand that the G.S.A. tential. They encourage students to ex- Trump-branded hotels in the 26 largest met- uphold the terms of the hotel lease and plore their ability, strengths, interests, ropolitan areas in the country, up from five. shame Mr. Trump into selling his other busi- and talents as these traits relate to ca- The business, he said, would focus its expan- nesses, the fortunes of which are now hitched reer awareness and development. sion domestically for ‘‘the next four or eight to the presidency. Democrats have been try- years.’’ The fee to join the Mar-a-Lago club ing to do this, but the Republicans who run National School Counseling Week is in Palm Beach, Fla., which Mr. Trump calls the House and Senate have not joined them. sponsored by the American School the ‘‘Winter White House,’’ just doubled to So far, they lack the spine to challenge the Counselor Association and is always $200,000. president. Just imagine how they would have observed during the first full week of

VerDate Sep 11 2014 02:55 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.040 H06FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 6, 2017 CONGRESSIONAL RECORD — HOUSE H997 February. This week’s theme is Americans who receive the devastating Mr. CICILLINE. Mr. Speaker, a lot of ‘‘School Counseling: Helping Students news of a terminal diagnosis each year. history was made last night. I, too, Realize Their Potential.’’ Even with the amazing work done in want to join my New England col- Mr. Speaker, what we know is that American medical research and devel- leagues to say congratulations to the school counselors are integral to stu- opment, for too many families, access New England Patriots on an extraor- dent success. Counselors not only help to these potentially lifesaving treat- dinary victory at Super Bowl LI. students reach their academic and ca- ments will come too late, if at all. A lot of history was made. This was reer goals, but they focus on assisting It is time for this body to come to- the greatest comeback in Super Bowl with social and personal development, gether with Federal regulators and in- history where our team was down by 25 too. Many parents also benefit from dustry leaders to clear the path for- points in the third quarter to come on the assistance of school counselors as ward to take care of those brave Amer- to victory. It is the only team to win in they encounter the challenges of rais- icans who are fighting simply for a Super Bowl history in overtime; and it ing children in today’s world. chance to live. A bill introduced today is an incredible display of the extraor- Our counselors play a vital role in jointly by myself and Congressman dinary talent of Tom Brady, the only the total education of children. I salute BIGGS will offer these brave Americans quarterback in history to win five these professionals in the Common- a chance to extend their lives. Super Bowls. This establishes Tom Mr. Speaker, the Right to Try Act wealth of Pennsylvania and throughout Brady unequivocally as the greatest would ensure that terminally ill pa- the United States for their dedication quarterback ever. to preparing our students to achieve tients, together with their physicians success and become productive mem- and pharmaceutical manufacturers, Also, congratulations to Bill bers of society in this ever-changing will have the right to try investiga- Belichick for his extraordinary coach- world. tional treatments where no alternative ing, to Jonathan and Robert Kraft, and Thank you to our school counselors exists. In fact, this bipartisan idea is the whole Patriots organization for all for all you do to help educate students already the law of the land in 33 States that they have done. nationwide. Happy National School of our Nation. This was a great and wonderful night Counseling Week. For patients and their doctors, the and an important example and display f Right to Try Act affords them an op- of determination and persistence. It is portunity to try therapies where the really a lesson for all of us to never REMEMBERING DR. ARTHUR benefits far outweigh the risks. Wheth- stop fighting and, for young people, the ROSENFELD er it is a father courageously battling importance in believing in yourself. (Mr. TONKO asked and was given ALS or a brave child living with Mr. Speaker, the victory last night permission to address the House for 1 Duchenne muscular dystrophy, all by our great team, the New England minute and to revise and extend his re- those fighting for their lives deserve a Patriots, raised the spirits of our en- marks.) right to try. They deserve a right to tire Nation. Mr. TONKO. Mr. Speaker, the energy live. Congratulations to the Pats. Thank world was saddened by the recent pass- f you for a great season and thank you ing of Dr. Arthur Rosenfeld on January for a great victory last night. 27. I rise today to pay tribute to his ex- THE DRIVE FOR FIVE traordinary life and countless con- (Ms. KUSTER of New Hampshire f tributions. asked and was given permission to ad- Known as the godfather of energy ef- dress the House for 1 minute.) ficiency, Dr. Rosenfeld’s efforts Ms. KUSTER of New Hampshire. Mr. OPPOSE THE UNCONSTITUTIONAL brought awareness to the tremendous Speaker, I rise today because the Drive BAN benefits of efficiency. As a physicist at for Five is complete. I want to join (Mr. PAYNE asked and was given UC Berkeley, Dr. Rosenfeld became in- New England in congratulating our permission to address the House for 1 terested in efficiency during the 1973 New England Patriots on their incred- minute and to revise and extend his re- oil embargo. He soon began pushing ef- ible victory in Super Bowl LI. Fans marks.) across the Granite State agree that ficiency standards for appliances and Mr. PAYNE. Mr. Speaker, earlier Super Bowl LI will go down in history buildings for California, and eventually today I joined members of my commu- as one of the most amazing comebacks for the entire Nation. He went on to nity to discuss the impact of President of all time, and it cements the legacy work as an adviser at the Department Trump’s Muslim and refugee ban. of Energy and served on the California of Tom Brady and Bill Belichick as the Energy Commission. greatest quarterback-coach duo ever. I wanted to read from a statement According to the American Council The game was remarkable for team given by one of my constituents who for an Energy-Efficient Economy, a effort. After finding themselves down participated in the discussion today. group that Dr. Rosenfeld helped found, by 25 points, the Patriots did not fall Her name is Nureed. She wrote: savings from energy efficiency gains victim to despair. They, instead, I have always been grateful for being an have averted the need to build more showed true resolve and perseverance American and for the sacrifice my parents than 300 large power plants since 1990. as the offense executed drive after made to afford me my American Dream. Yet, The EPA has estimated that between drive and the defense held the powerful every day, since the Republican nominee for 1992 and 2014, its ENERGY STAR pro- Atlanta offense in check. President was announced, I have feared for Whether it was the record 14 catches my safety and the safety of my little chil- gram, a program built on the shoulders dren. by James White, the record 466 passing of Dr. Rosenfeld’s work, has helped I hold my breath every day praying that families save over $350 billion on util- yards by Tom Brady, the forced fumble the day will not come that I need to flee my ity bills while reducing greenhouse gas by Dont’a Hightower, the mind-bog- home for fear of retribution or, worse, be- emissions by more than 2.5 billion met- gling catch by Julian Edelman, or the cause of my faith. coaching of Bill Belichick, everyone ric tons. Mr. Speaker, Nureed is an American The cleanest and cheapest kilowatt- did their part. who realized the American Dream. She hour of electricity that one may take So let me take a moment, Mr. Speak- is not a threat to this Nation, nor are advantage of is the one we do not use. er, to say to the New England Patriots: We salute Dr. Rosenfeld. Thanks for doing your job. her young children a threat to this Na- tion. f Congrats, Pats. f President Trump wants to shut the THE RIGHT TO TRY door to the American Dream. He is (Mr. FITZPATRICK asked and was CONGRATULATING THE NEW tearing apart the fabric of this Nation given permission to address the House ENGLAND PATRIOTS before our eyes. I urge my Republican for 1 minute.) (Mr. CICILLINE asked and was given colleagues to remember Nureed’s words Mr. FITZPATRICK. Mr. Speaker, I permission to address the House for 1 and to oppose the President’s unconsti- rise today on behalf of the millions of minute.) tutional ban.

VerDate Sep 11 2014 02:55 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.042 H06FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H998 CONGRESSIONAL RECORD — HOUSE February 6, 2017 EXPRESSING STRONG OPPOSITION tiful than from the hills of Arlington His question inspired her to opt for TO D.C.’S ASSISTED SUICIDE Cemetery in Virginia and, specifically, radiation and chemotherapy, instead of PROGRAM the resting place of our 35th President, suicide, and, over a decade later, she is The SPEAKER pro tempore. Under John F. Kennedy. One cannot think of still sharing her testimony. She is ex- the Speaker’s announced policy of Jan- President Kennedy without thinking tremely happy to still be alive. uary 3, 2017, the gentleman from Penn- also of his inaugural address, which is I have no doubt that Americans like sylvania (Mr. ROTHFUS) is recognized a call to action for a new generation of Jeanette with chronic illnesses, dis- for 60 minutes as the designee of the Americans. That call was grounded in abilities, or struggling with mental ill- majority leader. the exceptional nature of our land. ness will be exploited under this law, and perhaps even encouraged to pursue Mr. ROTHFUS. Mr. Speaker, I rise b 1930 here tonight to raise a very serious and suicide rather than continue living ‘‘And yet,’’ President Kennedy said, consequential issue that is taking until natural death. This dangerous ‘‘the same revolutionary beliefs for place in our Nation’s capital. Wash- trend is already taking shape in the six which our forebears fought are still at ington, D.C., our Federal city, the sec- States that have legalized physician- issue around the globe—the belief that ond hometown of every American, is assisted suicide. Precious lives have al- the rights of man come not from the just weeks away from implementing a ready met a premature end. generosity of the state but from the deadly assisted suicide program. Mr. Speaker, there is dignity in all The D.C. City Council recently hand of God.’’ human life, and the root meaning of passed a so-called Death With Dignity D.C.’s assisted suicide law, Mr. dignity is worth. Nothing—not illness, Act, which would allow adults who Speaker, threatens the inalienable not weakness, or despair—can decrease have been diagnosed with a terminal rights of vulnerable citizens. Not only the worth of a human life. I cannot disease and who have been told they does the new D.C. statute tear at the stand idly by and watch our laws cor- have 6 months or less to live to receive tapestry of our Nation’s founding, it di- rupt our culture. a prescription from their doctor to end rectly contradicts the Hippocratic oath I am thankful to be joined by several their life. Six States, including Cali- every physician takes, to do no harm. of my colleagues who refuse to let this fornia, Oregon, Vermont, Washington, I shudder to think of the lives that dark policy move forward unchecked. Montana, and Colorado, have already will be lost because our society tells With that, I would like to yield to my headed down this dangerous path. the weak, the despairing, the suffering, colleague from Ohio (Mr. WENSTRUP). I raise this issue tonight, Mr. Speak- or the hopeless that suicide is the best Dr. WENSTRUP is a physician. He has er, because our Founders gave Congress option for them. Laws similar to the served our country in the Army Re- the power in the Constitution to ‘‘exer- D.C. Death with Dignity Act in the serves having deployed to Iraq to treat cise exclusive Legislation in all Cases U.S. and Europe have resulted in indi- our wounded servicemembers. Dr. whatsoever over such District’’ that viduals being pressured to end their WENSTRUP, is the prime sponsor of H.J. would become the seat of the Govern- lives, and insurance companies cov- Res. 27, which will overturn this mis- ment of the United States. ering the reimbursements for suicide guided legislation. As a result, this Congress has the op- treatment but not for other care. Mr. WENSTRUP. I appreciate that, portunity to stop this law. I am grate- If patients find themselves unable to and I thank you for yielding and thank ful that my colleagues are here tonight pay for expensive treatments out-of- you for taking the charge on this this to join me: Dr. WENSTRUP, Mr. JODY B. pocket, they may find their options se- evening to share this message. HICE of Georgia, Dr. HARRIS, Dr. verely limited when facing a new diag- Mr. Speaker, first, do no harm. Do no HARTZLER, Dr. MARSHALL. They are nosis, facing a disability, or struggling harm. These are three short words, but, joining me tonight to speak in defense with mental illness. In some cases, to physicians, they represent a sacred of patients who deserve protection, es- death may become the only affordable charge—three short words that now pecially when dealing with the un- option. hang in the balance here in the District imaginable difficulty of a terminal dis- Proponents of physician-assisted sui- of Columbia after the D.C. Council ease. cide point to real and tragic stories of passed the Death with Dignity Act le- Like me, they are deeply troubled suffering individuals at the end of their galizing physician-assisted suicide in that in Washington, D.C., an alabaster lives. However, according to a report the Nation’s Capital. city that gleams as a beacon for the by the National Institutes of Health, In authorizing doctors to violate the principles on which we were founded, pain is not the primary factor moti- Hippocratic oath of ‘‘do no harm,’’ phy- this policy is about to be put in place, vating patients to seek a lethal dose of sician-assisted suicide undermines a jeopardizing the lives of the most vul- medication. More commonly cited mo- key safeguard that protects our Na- nerable among us. tivations include depression, hopeless- tion’s most vulnerable citizens: the dis- Mr. Speaker, Washington, D.C., is, in- ness, and the loss of control or auton- abled, the sick, the poor—a key safe- deed, a remarkable city. I still remem- omy. Allowing physicians to prescribe guard that helps to ensure our loved ber coming to this special place as a 10- lethal medications to these patients ones receive the best medical care year-old child with my parents, coming would mean we are abandoning our Na- when they need it the most. down the George Washington Parkway tion’s most vulnerable citizens and, in- Instead of simply providing end-of- in Virginia, as millions of other tour- stead, succumbing to a culture that is life comfort and a potential for cure, ists have, with excitement to see our worse than the disease. D.C.’s new law is poised to do more national monuments and the Capitol in Instead of death and despair that are harm than good. This act leaves pa- which I now speak. the underlying principles of assisted tients unprotected, doctors unaccount- We Americans approach this city suicide, our laws should reflect a cul- able, and our most vulnerable citizens with awe, as we know how Washington ture that promotes life and hope, even at risk of having fewer medical options is intertwined with our Nation’s his- in our suffering, even in our illness, at their disposal rather than having tory and that this city both guards our and even in our weakness. more. It is too broad. This act allows Nation’s founding documents—the Dec- Jeanette Hall of Oregon was diag- adults diagnosed with a terminal dis- laration of Independence and the Con- nosed with cancer in the year 2000. She ease having less than 6 months to live stitution—and hosts the very govern- was a supporter of her State’s assisted to receive a prescription for medica- ment that our Constitution envisioned. suicide program, and she even voted for tion to end their life on their own— Those founding documents frame a Re- it. She considered taking her own life alone. public grounded in the principles of with the help of her physician when she There are concerns that the defini- sovereignty in the people, subject to learned she only had 6 months to live. tion of ‘‘terminal disease’’ is too broad the protection of God-given inalienable Thankfully, she had a life-affirming since most doctors will admit that ac- rights, among them the right to life, doctor who simply asked her how her curately predicting life expectancy is liberty, and the pursuit of happiness. son, who was attending the police acad- almost impossible; and it is. There are Nowhere, Mr. Speaker, in my opin- emy at the time, would feel about it. many conditions such as diabetes or ion, is the view of this city more beau- This made her stop and think. HIV—they are considered incurable or

VerDate Sep 11 2014 04:53 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.044 H06FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 6, 2017 CONGRESSIONAL RECORD — HOUSE H999 irreversible, and they are terminal if In this, they say: ‘‘Actions taken in death. It will just be required to say left untreated. There are many diseases accordance with this act do not con- ‘‘natural causes’’ when, in fact, there that are terminal if left untreated, but stitute suicide, assisted suicide, mercy was a lethal drug injected. The drug curable if treated. killing, or homicide.’’ Oh, really? itself is not required to be disclosed. This bill fails to accurately protect Maybe they should look up the defini- The bill does not require a medical pro- patients from coercion or abuse. De- tions of those words. The definition of fessional to be present to administer spite the fact that depression is com- homicide is the killing of one person by the lethal drug. monly associated with a patient seek- another whether intended or not. The Furthermore, as was alluded to a mo- ing assisted suicide, D.C.’s legislation definition of suicide is the act of tak- ment ago, the bill bars law enforce- does not make screening for mental ill- ing one’s own life voluntarily and in- ment and, arguably, courts from re- ness mandatory. It also has no safe- tentionally. viewing medical records at the Depart- guard against pressure that family This bill is bad for the people of D.C. ment of Health, effectively potentially members or heirs might exert on a pa- This is bad for America. This is not preventing them from doing their jobs tient to choose suicide. who we are. This is not who we are as in cases where there may have been It leaves doctors unaccountable. a compassionate, caring group of foul play. Compliance with the bill’s limited safe- Americans—especially caregivers, espe- Mr. Speaker, please know that this guards is difficult to track because the cially doctors. We can do better, and does not simply apply to D.C. residents bill directs doctors not to place the ac- we all need to stand up against this. but to those who reside in D.C., which tual cause and manner of death on the Mr. ROTHFUS. Dr. WENSTRUP, I would include everyone in this House. death certificate. It doesn’t say ‘‘sui- thank you for introducing this legisla- I urge my colleagues to join in co- cide.’’ The report requirements in the tion and for having the courage to live sponsoring H.J. Res. 27. I urge our lead- bill are not subject to the Freedom of the life you have lived in serving our ership to bring this to the floor for a Information Act. Perhaps most con- Armed Forces overseas. vote. I thank the gentleman for giving cerning of all, once the prescription for I yield to the gentleman from Geor- me the opportunity to speak. lethal medication is filled, oversight is gia (Mr. JODY B. HICE) who co-chairs b 1945 nonexistent. There is no requirement our Values Action Team. to ensure that the prescription was Mr. JODY B. HICE of Georgia. I Mr. ROTHFUS. I thank Representa- used as intended. thank my friend and colleague for lead- tive HICE. This could limit care. Under the new ing this Special Order and for taking Mr. Speaker, this law, the point law, patients may end up with fewer the leadership on this very important about what is going to go on the death options, not more options. D.C. resi- issue. certificate, we have had a debate lately dents who are not able to pay for Mr. Speaker, I am here to try to im- in our country about alternative facts, health care out of pocket may find plore our leadership to bring H.J. Res. and here we have a law that says you their options limited when facing a 27 to the floor and, hopefully, to enable can’t say on the death certificate what new diagnosis, suffering from a chronic us, the Members of the people’s House, the cause of death was. It’s going to be illness, facing a disability, or strug- to strike down this deeply flawed and poison. It’s going to be some adminis- gling with mental illness. For certain deceptively written Death with Dignity tered drug that is not supposed to be medical conditions, assisted suicide Act that has been passed in the Dis- used as it was intended, as it was au- could become the cheapest option. trict of Columbia. thorized by the FDA to be used, but for Ultimately, whatever its intentions, This is not a bill about the elderly. It a whole other purpose—to end the life D.C.’s new law puts patients at risk is not a bill about the sick and dying, of somebody. I think that is a very se- and could limit their access to high- as has been stated here. This is a bill rious concern. I think, again, this is at quality health care. It could limit their that legalizes suicide. It actually at- war with truth and at war with logic. access to cures. It prioritizes cost over tempts to normalize euthanasia. As Mr. Speaker, I yield to the gentle- compassion, cost over care. We have you know, Mr. Speaker, this bill ap- woman from Missouri (Mrs. HARTZLER). weighed this legislation. We have plies to individuals with ‘‘a terminal VICKY co-chairs our values action team looked at it seriously, and we find it disease.’’ We all know that could be ap- with Mr. HICE. very wanting. D.C. residents deserve plied to almost anyone. We could have Mrs. HARTZLER. Thank you very better. much, Representative ROTHFUS. I ap- Twenty-two years ago, my sister was someone with diabetes, for example, preciate so much your leadership on diagnosed with an incurable cancer, who is able to live a perfectly normal this issue, as well as Dr. WENSTRUP, and she had very little time to live. life, in spite of the fact of having an in- bringing this very, very necessary bill She was, at one point, given the option sulin dependency, but without the in- to the floor. Time is of the essence, and of a bone marrow transparent, and her sulin, it could be terminal—they would literally lives are at stake. Sometimes insurance said: It is experimental. We be. So this bill applies to individuals you hear that discussed here, well, this don’t cover it. who also may have been misdiagnosed. We had to fight that, and we were I appreciate Mr. ROTHFUS mentioning bill is going to impact life. This one going to do it anyway. It is 22 years Jeanette Hall. What a powerful story truly does. This is a life-or-death mat- later. She survived. She is doing well. that is—someone who actually voted ter with just a time limit. She is married and has two children, for this bill in Oregon, and then a few The way that this works is that the but somebody was telling her: It is not years later comes to find out that she Constitution gives Congress authority worth it. herself has cancer. She tries to have over the District of Columbia. While This affects people with disabilities. her doctor help her end her life. The they can have their own council and This affects the poor. This attitude re- doctor urges her to fight to have treat- they can make laws, we have ultimate minds me of a comment from the ment. She does so, and now 16 years oversight as elected Representatives of movie, ‘‘It’s a Wonderful Life’’ when later, she is alive and healthy. this country over what happens here. Mr. Potter says to George Bailey: There is no reason for us to have this When they pass a bill here allowing ‘‘George, you’re worth more dead than bill. If you look at the suicide rate in death to occur by physician-assisted alive.’’ That is not who we are, folks. Oregon since that bill was passed in suicide, we have the opportunity and In this bill, there is no verification or that State in 1997, they have 42 percent we have the obligation to step in and validation that the prescription was above the national average of suicide to say no. taken as intended, for the person in- in that State. As Representative ROTHFUS said, this tended, or even taken at all. There is I appreciate Dr. WENSTRUP, too. Just is the people’s town. This is representa- no witness necessary, no provider to the flaws that he identified that this tive of our entire country here, and address any complications that may bill has are alarming. The fact that it, this does not represent what we stand occur when taking the medications, no more than likely, will—certainly, the for, that if someone has an awful diag- assurance that it is not misused or potential is there—lead to elder abuse. nosis that they are encouraged and en- used on someone else, and no actual The bill has no requirement that the abled to be able to take their own life cause of death is reported. death certificate lists the real cause of without any—any—oversight in this.

VerDate Sep 11 2014 02:55 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.045 H06FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H1000 CONGRESSIONAL RECORD — HOUSE February 6, 2017 We have got to reject this. That is why policy and to ensure that all Ameri- months. Associating that kind of prob- we are here tonight. cans, including those here in the Dis- lem with the ultimate outcome of The statistics are staggering. Suicide trict of Columbia, are granted the basic death by suicide I think removes dig- is the tenth leading cause of death right to life. nity. It doesn’t add dignity to anyone’s across the spectrum of ages, and the Mr. ROTHFUS. Mr. Speaker, I thank life. death toll is, sadly, on the rise. Nearly Representative HARTZLER for coming Worse than that, what we have done 43,000 individuals took their own life in to the floor tonight and speaking on now and what we have seen in terms of 2014. Now, that is a heart-wrenching this bill. It is interesting that legal- the functional reduction of choice is number of people desperate and seem- izing assisted suicide can lead to an in- that, according to many of the new ingly without hope and whose solution crease in suicide. We spend hundreds of payment systems for health care in to traumatic life situations, clinical millions of dollars in our country on this country, you actually align the in- depression, or mental disorders was to suicide prevention. It would seem that centives of the patient’s health care take their own life. laws such as the one that the District from top to bottom. But another, more sinister layer to of Columbia has passed really go What do I mean by that? this suicide crisis in America arises against that fundamental public policy Now over half the physicians in the when agents of healing become dis- that we have in this country of saying country no longer work for themselves; tributors of lethal dosages. Five States no to suicide. they are employed by entities. Fre- now and the District of Columbia have With that, it is a real privilege for quently, these entities share the same legalized physician-assisted suicide. me to yield to the gentleman from financial risk as the physicians in The taking of human life is a crimi- Maryland (Mr. HARRIS). ANDY HARRIS is terms of their being driven to save nal act in nearly every State and another physician whom I serve with money. That is it. There are numerous throughout the Federal Code; yet a few who has served in our Nation’s mili- incentives to save money within the regions of the country, sadly, have em- tary. law. If you don’t believe me, go back braced the tragic idea that it is better Mr. HARRIS. Mr. Speaker, I want to and read the Medicare rules and regula- to prescribe death than to provide life- thank the gentleman from Pennsyl- tions. In fact, it should be noted that in the sustaining care, and they are tasking vania for yielding to me. Netherlands, where assisted suicide has the medical profession, those sworn to The gentleman just brought up an in- been legal for years, the average age provide and take care of people—they teresting point. It is true that in the for women is 65 who participate; for have tasked them with carrying out Netherlands, when they reviewed their men it is 62. That means, Mr. Speaker, this ghastly deed. experience, they found that just legal- almost half the individuals are Medi- So you go to your doctor on one hand izing physician-assisted suicide actu- care patients. There are powerful in- when you have an illness or your child ally increases the amount of nonphysi- centives built into Medicare to save is sick and you are asking and expect- cian-assisted suicide. It sends the money—powerful incentives—account- ing the doctor to be looking out for wrong message. It absolutely sends the able care organizations, for instance, your best interests and to prescribe wrong message. where the physician who is the pa- medicine to help you get better, and I want to thank the good doctor from tient’s attending physician happens to then the next day you are tasking that Ohio for introducing this bill because work for the same healthcare system same physician—you are supposed to certainly the Nation’s Capital is one where we should be very careful since that shares in financial incentives if go back and ask them to kill your rel- money is saved. the Constitution has entrusted us with ative and prescribe death medicine? Mr. Speaker, I would proffer—and I approving or disapproving the laws in This is wrong. think any Member who is against this But here is another sobering fact: le- the Nation’s Capital. It behooves Con- legislation and for the Death with Dig- galizing physician-assisted suicide can gress to take a good look at a law like nity Act should stipulate that, clearly, lead to an increase in overall suicide this, the so-called Death with Dignity it saves money to give someone a $300 rates. That was just what was shared Act. Now, that is striking because prescription for secobarbital rather by Representative HICE, what has ex- most people don’t associate suicide than pay for expensive cancer therapy actly happened in Oregon, with an over with dignity in any way, shape, or or expensive therapy that might cure a 40 percent higher rate of suicide there form, and for good reason. But I will patient. That doesn’t give a patient than in other places. So if you are con- get to that. dignity. That doesn’t add to their dig- cerned about suicide prevention, you There are a lot of myths associated nity. What that does is it now places should be concerned about efforts to with the bill. First of all, assisted sui- the patient in the situation, if they normalize doctors prescribing a bottle cide somehow offers patients more truly understand the financial incen- of pills intended to end a patient’s life. choices. It actually doesn’t. What it tives in the system, to actually ques- Physician-assisted suicide preys on does is it actually sends a very strong tion whether their physician is doing the sick, the elderly, and the disabled. message that regardless of the many the right thing for them. The frail are the most vulnerable to types of disease you might have and In fact, the consulting physician rising healthcare costs, elder abuse, the many types of treatment that may under the Death with Dignity Act and physician-assisted suicide. There is be available, there is one final, com- doesn’t have to belong to a different fi- no accountability should a family mon pathway that the State—in this nancial entity. A physician working for member, friend, or medical provider de- case, the District—would now say is this healthcare entity who actually termine that a particular patient is too perfectly acceptable. In fact, it is not saves money through the act of suicide sick, too old, or too disabled to con- only perfectly acceptable, it is legal to can send the patient right across the tinue living. Any doctor can write a actually go to a physician and ask hall to a consulting physician to agree, prescription, and no witness is re- them to participate in your suicide. that consulting physician being a part quired. That doesn’t lead to more choice; that of the same accountable care organiza- Physician-assisted suicide shreds ultimately leads to less choice. tion. That is wrong. But that is the sit- human dignity by legally and subjec- But the use of the word ‘‘dignity’’ is uation patients will find themselves in, tively distinguishing between a life striking to me because the number one questioning whether their physician worth living and a life better off dead. group of individuals, if we would col- has a financial incentive to write that The focus should be on improving lectively look at how we would de- lethal prescription. healthcare options, palliative, and end- scribe those individuals to whom this Now, the other straw man that is set of-life care for terminally ill patients, applies, really, are individuals with up very frequently, and if you look at not killing those suffering from sick- some kind of disability, perhaps with a the Pew Research study that asks peo- ness or disease. disease or disability that, according to ple their opinion, ‘‘Do you think we So I call on my fellow Members of the law, two physicians would just should allow death with dignity?’’ they Congress to pass the resolution of dis- have to agree, knowing how imperfect frequently mention only one situation: approval sponsored by Dr. BRAD the idea to predict lifespan is, that a patient with terminal disease in ex- WENSTRUP to reject D.C.’s dangerous those could result in death in 6 treme pain. But, Mr. Speaker, the data

VerDate Sep 11 2014 02:55 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.047 H06FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 6, 2017 CONGRESSIONAL RECORD — HOUSE H1001 is that only 20 percent of patients who Army Reserve, because I don’t know uary 3, 2017, the gentleman from Texas seek physician-assisted suicide have what the rules are with women service- (Mr. O’ROURKE) is recognized for 60 pain as their primary reason. members and giving birth, but cer- minutes as the designee of the minor- Now, we are all compassionate peo- tainly we have women servicemembers ity leader. ple. Every human being has suffered giving birth. I don’t think they are Mr. O’ROURKE. Mr. Speaker, yester- pain, some human beings more than overseas, although they may be in Ger- day, our country and the community others, and it is not hard to understand many and other places. I don’t think that I have the honor of representing, how someone answering that poll ques- they are going to be in a war zone. El Paso, Texas, lost one of our best: Dr. tion thinking of a patient with ter- Certainly, he has got plenty of expe- Joseph E. Torres, who was 93 years old minal illness in severe pain, knowing rience. He has delivered over 5,000 ba- at the time of his death, still prac- what pain is about, how difficult it is bies. He certainly has seen his share of ticing dentistry in the community of to treat pain unless it is done with the difficult cases with patients. It is good El Paso, and somebody who left a ter- most modern methods, might say, to have him here this evening to talk rific legacy for his family, for our com- yeah, maybe dying is better. But, Mr. about this legislation. munity, for this country, and for all Speaker, that is a straw man: 80 per- Mr. MARSHALL. Mr. Speaker, I rise posterity. cent of patients say it is something tonight with fellow physicians and Dr. Torres served in the U.S. Army else; 92 percent saying it is losing au- other colleagues to speak out against Air Corps from 1942 to 1945. He first tonomy—losing autonomy. the shameful act being allowed in some served as an infantryman, and then Our solution to losing autonomy in a parts of this country: physician-as- later as a bombardier and a navigator patient or being less able to engage in sisted suicide. for the B–17 aircraft. activities making life enjoyable, 90 per- When I became a physician, I took an Dr. Torres flew 13 bombing missions cent of patients saying that, society’s oath in which I promised to help the over Germany, one of the most difficult solution is to write a lethal prescrip- sick and to abstain from all intentional missions to be assigned to anybody, wrongdoing and harm. To help inten- tion? over the course of World War II. He I will tell you, I am most troubled— tionally take the life of a patient is later joined and served as a lieutenant morally abhorrent. and I will close with this. As a physi- in the Army Air Corps Reserve from It is not only the beginning of a slip- cian, I went into medicine to actually 1945 to 1947. He later joined the Air pery slope that devalues the sanctity of help people, to help people get better. Force Dental Reserve, where he all human life. It is not only based on That is why people go into health care. reached the rank of colonel. a subjective set of qualifications law- That is why my daughters became As I said, he was a practicing dentist yers and lobbyists agree to. It is nurses. They became nurses to help in El Paso, Texas. After his time in against the very oath that my fellow people get better. God knows that is unform, he continued to serve his com- physicians swear to uphold. I encour- what we want to do. That is true community and he continued to serve his age my colleagues to fight for these passion. El Pasoans, his fellow Texans, and his same beliefs, to treat life as sacred, But now to say that if a physician, fellow Americans. He never stopped and, first of all, to do no harm. being an advocate for servicemembers, against their Hippocratic oath, shall Mr. ROTHFUS. Mr. Speaker, it is prescribe a medication that knowingly veterans, and this country. simple: this Congress has a responsi- So here today we mourn his loss. kills a patient—and let’s not mince bility. The Founders made us, this Con- words. That is what the Death with Preceding him in death from that gress—the House and the Senate—the Greatest Generation, not too long ago, Dignity Act does. It says a licensed stewards of this city, this beautiful practitioner with a license to heal now in August 2016, was Maynard L. Federal alabaster city. The Founders Beamesderfer, known as ‘‘Beamy’’ to has a license to kill—knowingly kill— vested in us the exclusive legislative a patient put under their care. That is his friends and his fans. He was one of power over the District of Columbia. the original 350 Pathfinders, who were a step, Mr. Speaker, I would offer that, H.J. Res. 27, which will block the so- the first combat paratroopers to jump as a society, we should take a long and called D.C. Death With Dignity Act, is into Normandy, France, before the D- hard look at before we ask our healers a bill that goes to the character of this day invasion in 1944. He was a member to, effectively, become killers. Congress, to the character of the Dis- of the 501st Parachute Infantry Regi- Mr. ROTHFUS. Mr. Speaker, I thank trict, to the character of this country. Dr. HARRIS for taking a long, hard look Will this Congress allow this law to ment and 101st Airborne Division. Mr. at what is going to happen here in the go into effect? Beamesderfer died at the age of 92. District of Columbia if we do not bring For the vulnerable, I hope not. For The third gentleman that I want to H.J. Res. 27 to the floor to block this the physicians who are supposed to introduce to you and who I would like misguided legislation. heal, I hope not. to talk about today and whose story I Dr. HARRIS talked about compassion. Earlier in my remarks, I talked would like to share is someone I great- Certainly, we all have family members, about how beautiful it is to look at ly admire and who I have had the privi- we all have friends who have had very this city from Arlington and to recol- lege of meeting several times and being difficult illnesses, and we have been at lect our 35th President and the inspir- able to introduce my oldest son Ulysses bedsides when people have passed. ing words he spoke on January 20, 1961. to. That is Retired Lieutenant Colonel Robert E. Chisolm, ‘‘Bob,’’ who is a b 2000 He ended that address with these words: ‘‘With a good conscience our founding member of the 82nd Airborne It is good to know that we have pal- only sure reward, with history the final Division Association in El Paso. He is liative care that is available to help judge of our deeds, let us go forth to someone who is very much still with people in pain, to make sure that they lead the land we love, asking His bless- us, full of vigor, strength, energy, and are getting everything they can with- ing and His help, but knowing that an inspiration at a time that we so out having a doctor violate his or her here on earth God’s work must truly be badly need him. Hippocratic oath to do no harm. our own.’’ He is also the rarest of Americans. I really thank Dr. HARRIS for his Mr. Speaker, let’s lead the land we He is a combat veteran of World War II, words and for reminding us how he was love. Let this House move ahead with he is a combat veteran of Korea, and he called to the healing arts. He has got H.J. Res. 27 and prevent this legisla- is a combat veteran of Vietnam. In family members engaged in the healing tion, the D.C. Death With Dignity Act, fact, he is one of only 325 combat vet- arts. from staining our Nation’s capital. erans in the history of the United Mr. Speaker, I yield to the gentleman Mr. Speaker, I yield back the balance States military authorized to wear the from Kansas (Mr. MARSHALL), another of my time. Triple Combat Infantryman Badge for Representative that we are joined by f combat service in three separate wars. this evening, a newer member from the During World War II, he earned the Big One, I think it is called, also hav- CHALLENGES AHEAD Legion of Merit Award, which can only ing served in the Army Reserve. He did The SPEAKER pro tempore. Under be obtained after receiving direct ap- not do his physician’s work in the the Speaker’s announced policy of Jan- proval from the President of the United

VerDate Sep 11 2014 02:55 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.048 H06FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H1002 CONGRESSIONAL RECORD — HOUSE February 6, 2017 States. He was also recognized by the Committee meeting, this world order ests. Perhaps it would be good for those French Government more recently in did not will itself into existence. It did countries in that region, including Tai- 2012, at which time a French general not sustain itself. It did not win itself. wan. It would certainly be good for awarded him the French Legion of All of that was done by Americans, for China, a growing competitor not just Honor Award and the status of Knight- Americans, for our allies, for our inter- in the South China Sea, not just in hood. ests, and our values around the world. Asia, but, increasingly, around the We are grateful for the service of It is important that we be mindful of world. these three amazing Americans, these that when all of that is at stake and So we have a choice there to make as three outstanding El Pasoans, these when it is under threat unlike any well: Do we retrench, withdraw, close three great examples to each and every time since the collapse of the Soviet ourselves off from the rest of the world one of us of who are we when we are at Union. and our commitments and our obliga- our best and what we are willing to do As we begin a new Congress with a tions? Again, the benefit of which has to serve this country and the cause of new administration, we have several largely accrued to us, as it has to our freedom and the best interests of hu- choices before us. We can shore up that allies and much of the rest of the manity. world order and the alliances and rela- world. Or do we fix what is not working It is these three men and others who tionships that underpin them. An ex- now; sustain, perhaps even grow, that join them in the Greatest Generation, ample is the North Atlantic Treaty Or- commitment; meet the threats; and ad- the men and women throughout this ganization, or NATO, our partnership dress the fears that that part of the country who endured and suffered, sur- with 28 European countries that has ef- world has? It comes at some cost, and vived, and began to thrive through the fectively kept the peace on that con- it is not a trivial one. But I would argue that we cannot Great Depression. Following that, they tinent for more than 70 years. Or we foresee the future where the United proudly and gladly served their coun- can refer to that arrangement and that States is not involved in the South try in World War II in a world away, treaty as obsolete and we can ask the China Sea, in east Asia, with our allies whether it was in North Africa, Italy, Europeans to take care of their own in that region. We don’t know for sure Europe, or the Asia Pacific. business without assistance or alliance These were men and women who what will happen, but we know that from the United States. fought for not just this country, but power abhors a vacuum. We know that Perhaps that is in the best interest of who fought for and won a world order where the United States is not, other this country. Perhaps that reduces the that has more or less sustained us for world powers will be; and they cer- burden on the United States taxpayer. the last 75 years; a world order that tainly don’t have the interests of our Perhaps that reduces the burden on the was won, fought for, and sustained citizens, our values, and our way of life servicemembers now deployed in Eu- through enormous treasure, blood, and at heart. rope, reassuring that continent. sacrifice of this country, sustained, When it comes to the Middle East Perhaps it is also better for Russia as fought for, and won by men like Bob and the series of serious challenges they continue to probe the weaknesses Chisolm, ‘‘Beamy’’ Beamesderfer, and that we face there from Iraq and Syria in the Western alliance; as they move Dr. Torres. to north Africa in Libya, to our dif- I bring them up today so, one, we can into Ukraine and seize Crimea or are ficult relationship with Saudi Arabia, pay honor and tribute to them; and, active in the eastern part of that coun- who is an ally and at the same time the two, so that we can remember what is try; as they interfere in elections source of so much that threatens that at stake today, in 2017, seemingly a throughout the Western world, most region and, ultimately, the United world away from when Dr. Torres first notably our own in 2016, but not lim- States, certainly, in the short term, it served in the Army Air Corps in 1942. It ited solely to the United States, and would be cheaper to withdraw our com- is a world where the United States is where we fear they may be active again mitments and our support, our re- the sole superpower, where we guar- in interfering in other elections in the sources and our servicemembers, who antee the lanes of trade, the connec- free world. are there at such great cost, again, to tions between countries, the viability b 2015 this country and to themselves and to of an entire continent in Europe. The Perhaps this is good for Russia to their families, who bear the burden of the fight and sustain those injuries benefits from the treasure and the think of NATO as obsolete or to with- when they are incurred and mourn the blood and the sacrifice and our draw our commitment because our al- losses of those servicemembers who sustainment of these policies over the lies are not ponying up their fair share never make it back. last 70 to 75 years has accrued pri- of the burden, and I think that is a real marily to the United States, but also It is easy to argue, in the short term, concern. Maybe that is good for us. to our allies and also, I would argue, to that that could be good for the United Maybe that is good for Europe. It is the rest of the world. States. But it is hard to argue, in the We have largely seen in that time a certainly going to be good for Russia. long term, that, without our leader- time of peace, a time where we avoided The consequence for that, my col- ship, without some level of involve- major world wars, where we peacefully leagues, may very well be that, while ment, including military involvement, sustained and outlasted the Soviet we might save some in what we are but especially diplomatic and political Union and ushered in a new era of spending in treasure and sacrifice and engagement with the governments and peace in Eastern Europe. service in Europe today, we may be the people and the interests in the Mid- When we think about the challenges called back again, as we were in the dle East, it is hard to argue that, with- that we face today, those countries World War I and afterwards in World out that, our interests, our goals, our who do not see a place in this world War II to defend that continent from values will be respected, accepted, hon- order that we won and have sustained— tyranny at extraordinary costs to our ored, and seen through. What is much countries like Russia, China, Iran, treasury, to the lives of those who more likely is that we will find our- North Korea, each of whom, in their serve, to the lives that are lost, to the selves there again, responding to a own way, pose a threat not just to the lives that are changed forever. great crisis at greater expense of life United States, not just to their neigh- When we look at another part of the and treasure to this country. bors in their respective regions, but to world in the South China Sea and to And that story repeats throughout the world and the order that we have our allies there like Japan, the Phil- the world. Whatever country, whatever bought at such a dear cost. ippines, increasingly, Vietnam, perhaps region, whatever hemisphere, whatever When we think about what is going it is better that we allow China to de- continent, when the United States is on today, it is critically important cide what is best for that region and not there, neither are our interests, that we move forward very carefully for those countries at the expense of neither are we able to benefit, and nei- and mindful of what it took to bring those who, today, are our allies. Cer- ther is the world able to depend on this world order about and what could tainly, it would save the taxpayer the some level of peace, security, and sta- happen if this world order collapses. resources that we expend today to prop bility. As General David Petraeus told us up and support our allies, to ensure I urge this House, our new President, last week in a House Armed Services their defense, and to ensure our inter- those whom we represent to think

VerDate Sep 11 2014 02:55 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.050 H06FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 6, 2017 CONGRESSIONAL RECORD — HOUSE H1003 about what is at stake right now Forty percent of the value of our im- It has a lot to do with the brave men around the world, to understand how ports from Mexico are U.S. content. and women in the United States Border this international order was brought When we look at China, it is 4 percent. Patrol, those who also serve in police about, how it was fought for and won When we export to Mexico, we win. departments like ours in El Paso, in and sustained, and how tragic it would When we import from Mexico, we win. sheriff’s departments like those under be, after 75 years, after the noble sac- We win jobs, 6 million American jobs the command of Sheriff Richard Wiles rifice of so many of the Greatest Gen- that, today, are dependent on U.S.- in El Paso County. It has a lot to do eration and of the generations that fol- Mexico trade. with the immigrant populations who lowed who served in Korea, who served Nearly half a million of those are in live in the communities along the U.S.- in Vietnam, who served in the first the State of Texas alone, each one of Mexico border who are such a part of Gulf War, who are serving today in our them jeopardized by the course that our safety because they are striving to wars that followed the attacks of 9/11, this country has taken under this new get ahead, to keep out of trouble, to how terrible would it be for us to lose administration, each one of those po- learn, to study, to do better, to con- what we have fought so hard to gain in tentially lost if we cannot redevelop a tribute to, participate in, and reap the the span of one administration? positive relationship with the country benefits of the American Dream. It does not have to be that way. I of Mexico, certainly one in which our But we are also safe because the think working together, across party interests are most important to the country of Mexico has made a commit- lines, with this administration, with United States, where the U.S. worker ment to help keep us safe. When we are Congress, both Houses, with the Amer- is preeminent, but where, nonetheless, concerned about transnational crimi- ican people, certainly supporting our we understand the larger picture and nal organizations coming from the servicemembers and honoring the sac- the longer game, that our future—the three most dangerous countries in the rifices of our veterans, I think together United States and Mexico—is a shared world today—El Salvador, Guatemala, we can meet this challenge, just as we future, that the way we manufacture Honduras—we have a partner in Mex- have met serious challenges in the today is done together, both countries ico, who checks their advance at Mexi- past. But we are going to need to cor- producing products that are made in co’s southern border, who ensures, rect our course, and we will need to do North America along with Canada. when we have the greatest humani- so immediately. That is what is going on here today, tarian crisis this hemisphere has ever No longer can we mock allies, try to that we are linked in a way that can- seen because of the brutality and vio- humiliate our neighbor to the south, not be unlinked without causing seri- lence that we see in those northern tri- the country of Mexico. ous trauma, job loss, economic down- angle countries in Central America, No longer can we call into question turns, and insecurity for the United that Mexico is our partner in helping an alliance that has withstood the test States. to provide shelter, sustenance, and aid of time and has ensured the peace of In the last 30 years, as we have grown to those frightened young children this country and the continent of Eu- closer to Mexico and had a stronger leaving the northern triangle. rope: the NATO alliance. economic relationship with that coun- Some still make their way to the No longer can we threaten to with- try that results in the hundreds of bil- United States and present themselves, draw from international obligations, lions of dollars of trade that cross our not trying to evade detection, but whether they are at the U.N., whether ports of entry every year, at the same present themselves to Border Patrol they are bilateral trade negotiations or time, we have grown a stronger, closer agents and Customs officers at our multilateral trade agreements. security relationship such that the ports of entry. No wall could ever keep No longer can we think that the most notorious criminal mastermind in them out. United States can serve as a bunker the history of Mexico, Joaquin But as many as are coming from Cen- against the rest of the world. It is too Guzman, El Chapo, was recently extra- tral America today, we have record low late for that. It was too late for that in dited to the United States despite con- levels of northbound migration and World War II when the three brave gen- siderations of Mexican sovereignty. De- asylum-seeking attempts crossing the tlemen that I began my speech with despite, perhaps, the loss of pride that is U.S.-Mexico border. The number last cided to serve this country and to pur- entailed in sending that country’s year was somewhere around 400,000 chase the freedom and the world order criminal who is responsible for count- northbound apprehensions. The number that so many take for granted today. less deaths, for drug production, drug 16 years ago was 1.6 million northbound I think it is incumbent upon us to try transit, and the drugs that cross into apprehensions. to offer an alternative to the course the United States and are consumed in For all the reasons that I gave, and that we are currently on, an alter- Mexico and other parts of the world, one of them an important one—and we native that I would say starts here at Mexico did that precisely because of must keep that in mind—is Mexico: our home and with those countries that the strong security relationship that relationship, our partnership, part of border ours. It starts with acknowl- has grown between these two coun- that world order that we have fought edging that Mexico, for example, is far tries. for, worked so hard for, sustained at more an opportunity than it is a threat So should we pursue a path of humil- such great cost. These are the divi- to the United States, that today we do iation for our southern neighbor? dends that world order is producing for hundreds of billions of dollars of trade Should we build a 2,000-mile wall in a the United States today in jobs, in eco- with Mexico, trade that is unique in its hopeless effort to seal that country off nomic growth, in the security and safe- character such that, when we export to from ours? Should we propose imposing ty of our communities and the people Mexico, certainly we win. Those are a 20 percent tax on all goods coming in we represent. U.S. jobs, U.S. products being exported from Mexico which, again, remember, to the country of Mexico, bought by will not just hurt the Mexican worker, b 2030 Mexican consumers. The proceeds flow but will hurt the U.S. worker as well? El Paso, Texas, in fact, is the safest back to the U.S. worker and to the Should we do all that, not only will city in the United States today. It was owners of those businesses and compa- we hurt ourselves economically, we the safest city last year, it was the nies. will deeply damage the security bonds safest city the year before that, and it But when we import from Mexico, it that exist today between those two has been among the safest cities in is important to remember, 40 percent countries, security bonds that keep us America for the last 15 years. It is not of the value of our imports from that safe, that keep us secure, that help ex- an outlier, and it is not an anomaly. country were generated here in the plain why today, despite the headlines, The second safest city is San Diego, United States. Those same factory despite the campaign rhetoric, the California, another large U.S. border floor jobs in Michigan, in Indiana, in facts show that the U.S.-Mexico border city, conjoined with its sister city of Ohio, in Tennessee, in Texas produce has never been more secure. It has Tijuana. products that are exported to Mexico never been more safe. It has never So when we upend this world order, for final assembly and then brought posed less of an immediate risk or haz- when we upend our relationships, when back into the United States. ard to Americans. we bully, humiliate, and threaten the

VerDate Sep 11 2014 02:55 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.051 H06FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H1004 CONGRESSIONAL RECORD — HOUSE February 6, 2017 countries with whom we have been al- on the books. We have to do more to Americans on American soil, but to lied and partnered for so many years ensure that those who need us most in American values wherever they may be now, not only will they suffer, which I the world can find a home in this coun- represented around the world. While can only assume is the intent of the try, not solely for their benefit. That is other governments were building walls, President, but so will we. We also do the moral imperative. That is the argu- the United States was doing the right deep disservice and dishonor to those ment that can persuade us in our thing. who have fought so hard, worked so hearts, but also because the value and And it was a President of the United long, and done so much to build up the benefit will accrue to this country States, Ronald Reagan, who challenged something today that we are the lucky economically in our security, in our vi- the Soviet empire to tear down this heirs to. brancy, and in ensuring that the next wall. How far have we come that today, Furthermore, our leadership position generation is going to be the leaders, in 2017, in the living lifetime of those in the world is not sustained on blood whether it comes to the businesses who served with President Reagan, who and treasure and diplomacy alone. It is that are created, the books and the art voted for President Reagan, who lived the values that we live out each and that are created, the leadership that is in the America that President Reagan every day in our homes, in our commu- needed, and the service that we demand was a President of, that we are contem- nities, and, yes, here in our govern- in uniform throughout the world. plating building a wall that would keep ment, in the United States Congress. Certainly that comes from native people out, that would separate people Values that include taking in the born U.S. citizens, but it also, as we who have a common future, a common world’s refugees. know when we think about the history history? And in places like El Paso and After screening, ensuring the secu- of this country, that comes from those Ciudad Juarez, 3 million people who rity and safety of the communities into who came to our shores. Or, like most form the largest binational community which they will come, which we have of the Western Hemisphere, whether in the world, two people who have a always done—and no one is vetted or your family came from Mexico or El common identity, nothing to be afraid screened more thoroughly than a ref- Salvador or Argentina, there is a good of, nothing to be anxious about, noth- ugee from another country trying to chance that your Ellis Island was El ing to be scared of. We, the United enter the United States—most will not Paso, Texas, that your family first set States, are at our best when we are be able to make it, even under previous foot on U.S. soil in the community strong, when we are confident, when we administrations. But after that screen- that I have the honor to represent are bold. We are at our worst when we ing has taken place, when they come to today. Whether it was in Segundo are anxious, when we are afraid, when this country, those refugees, those asy- Barria, or the Chihuahuita neighbor- we are scared. lum seekers, and those immigrants are hood, or the Chamizal district, El Paso Mr. Speaker, I ask that we not make the ones who have helped to build this has been that first welcoming commu- policy out of fear, that we not stoke success story, this exceptional country, nity to millions who have answered the anxiety, that we not lose the best, strongest traditions of who we are as this indispensable Nation, the United promise, the potential, the oppor- Americans, but, instead, follow those States. tunity, and the beacon of hope that we traditions. And when we do, we will be And when we turn off the lamp of lib- have provided for the world. erty, when we no longer shine as a bea- It is no accident, and it is totally able to change the course that this con to the refugees, the aspirational connected, that El Paso’s safety is di- country is now on. We will be able to people around the world who are look- rectly proportional to our connection help this President to do the right ing for a better life, who were called to to the rest of the world, to Mexico, to thing, the right thing for this country, our shores by our values and what we these people who so many of our polit- in this country more importantly, but to do the right thing for this country represent around the world, and what ical leaders want to sow fear and anx- when it means standing up for our val- we have always fought for and proved iety and misapprehension about. They ues, our interests, our allies around the in actions beyond our words, when that want to vilify these people, call them world. lamp goes out, when we begin religious rapists and thugs and criminals, when Mr. Speaker, for many in this coun- tests for the kinds of immigrants who the facts bear out that they are the try and for many around the world, we will bring into this country, when very reason that we are so secure and these are some of the darkest days in we do things that are immediately po- so safe. recent memory. But I have hope be- So imagine in the Ellis Island of the litically popular but are not in the best cause we have had far darker days in Western Hemisphere—El Paso, Texas— traditions of this country, we lose that this country before. And the institu- building a wall that would forever sep- place of prominence around the world, tions, such as the one that we are in not just to the countries and the deci- arate and divide us from the rest of the today, and the American people whose sionmakers within those countries— hemisphere, from the place where we work we do at whose pleasure we serve, the kings and queens and presidents meet the rest of the world. That, too, who we represent in this Chamber, are and prime ministers—we lose that will compromise our leadership posi- a remarkable, resilient people. And place of prominence with the people tion in the world. That, too, will dis- they will help to bring this body, this around the world who have always honor the noble sacrifice that we have administration, this government, and looked to the United States for exam- seen from countless servicemembers this country to its senses. And when we ple and for leadership. from those who pursue U.S. policy get there, I am confident that we are And so I ask my colleagues to join around the world, and to those who are going to do the right thing, I am con- me in ensuring that, as troubling as now serving in more than 140 countries fident that we are going to honor the this course has been in the first few around the globe. best traditions of this country, we are weeks of this administration, we re- I think about another country and going to honor the brave men and member that we still have time to cor- another wall at another time that women who have served, who helped to rect it and that we have an obligation proved American exceptionalism when build what we have today, which so to offer an alternative, one that has the Soviets constructed the Berlin Wall many people take for granted. Mr. served this country so well for so long to keep East Germans from being able Speaker, I am confident that working and is a source of so much of our to flee to the West, those East Ger- together, Republican and Democrat, we strength, our exceptionalism, and our mans who, in some way, were respond- are going to do what is best for the greatness. I call on my colleagues to ing to the hope that I am talking about world and what is best for America. move beyond Presidential fiat, beyond that we have so long represented I yield back the balance of my time. around the world. It was the United executive order, beyond the whims of a f new administration, and to set in law States that overcame that wall. It was our values and our priorities. people like General James H. Polk who SECURITY AND GENEROSITY: ON Ultimately, we must be able to re- ensured that the people of East Berlin BEING AMERICA form our system of immigration laws. had hope, that the people of West Ber- The SPEAKER pro tempore (Mrs. But short of that, we must at least be lin had hope, that we made every effort COMSTOCK). Under the Speaker’s an- able to honor the ones who are already to fulfill our commitments, not just to nounced policy of January 3, 2017, the

VerDate Sep 11 2014 02:55 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.053 H06FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 6, 2017 CONGRESSIONAL RECORD — HOUSE H1005 Chair recognizes the gentleman from killed, and he left his 8-year-old son— of the sensitive points he talked about; Nebraska (Mr. FORTENBERRY) for 30 my father—behind. He was initially but where there is no debate is in the minutes. buried at Sainte-Mere-Eglise, at the character of the men and women who Mr. FORTENBERRY. Madam Speak- cemetery there. He was reinterred in served in World War II. I thank the er, if the gentleman from Texas (Mr. Arlington National Cemetery. gentleman so much. O’ROURKE) would mind lingering in the One of the guides that we had during Madam Speaker, I want to give this Chamber for just a moment, I want to that trip was a former British military commentary tonight, as well, on some make a couple of comments on what he officer, and he had a complete com- of the dynamics of the moment. Before said. Because he began his talk with a mand of the details of the battle. In I begin, I would like to share with you commemoration of some extraordinary fact, I was so impressed by him that I that, outside of my office, there hangs Americans, World War II veterans. And invited him to come to Nebraska to a framed copy of a piece of legislation. as I was waiting my turn to speak, I speak to my veterans, and he accepted. In fact, it was one of the earliest pieces couldn’t help but reflect upon perhaps So, later that summer, we hosted him of legislation that I worked on here, one of the most extraordinary opportu- in Nebraska. One of my little towns is and I am quite proud of it. The bill in- nities that I have been given as a Mem- called Columbus, Nebraska. Columbus creased the number of Iraqi translators ber of the House of Representatives. is actually the place where Andrew who could come to the United States. A bipartisan delegation went to the Jackson Higgins was born—the Higgins These persons served alongside our 70th anniversary of the D-day invasion. boat inventor, which was the troop car- troops and put themselves and their President Obama, of course, spoke, and rier that landed there on Omaha and families at great personal risk in serv- dignitaries from around the world, in- Utah Beaches that day. President Ei- ice to our country. Among those who cluding the Queen of England, also senhower said of Andrew Jackson Hig- benefited from this expanded policy made an appearance. gins that he won the war for us. were members of the Yazidi faith tradi- When we got to the cemetery area at He is very much associated with Lou- tion—a peaceful, ancient faith—that, Omaha Beach, we were meeting vet- isiana because that is where he spent very sadly, ISIS has targeted as a part erans who had fought there or in the his adulthood, in shipbuilding, and he of its extermination campaign against vicinity. One of the first gentlemen I would not let go of the idea that we Christians and other religious minori- met, he had only a thumb, and he was needed this innovative type of troop ties, including innocent Muslim com- sitting in a wheelchair. And I just carrier. He is from Columbus, Ne- munities. asked him, because it was such a braska. In the front of Columbus, Ne- Madam Speaker, as we all know, celebratory atmosphere and everyone braska—which is a small, agricultural America has long opened her arms to was so engaged by the heroism of these town, a wonderful community of 25,000 persons who flee persecution, who wish men and the opportunity to be back so people—they have built an extraor- to rebuild their lives and become good many years later—I just asked him: dinary World War II memorial that is a citizens here. My hometown of Lincoln, Did that happen here? replica of the Higgins boat, with beau- Nebraska, is a diverse, welcoming com- He said: Yeah, right over there on the tiful bronze sculptures of the troops in munity with a number of first-genera- beach. their charging off that boat. tion Americans, and we are the better Well, his daughter was with him, and When my friend, the former British for it. However, when there is chaos she told me a moment later: Actually, military officer who now does—again— and disorder at our border or if there is what happened was we think that he tours and commentary on the battle, uncertainty in immigration policy and was shot on the hip and one of his gre- saw this, he looked at me and said: procedures, this problem undermines nades began to go off and he was JEFF, this belongs on Utah Beach be- the ability of our country to be gen- throwing it away from himself. cause there is nothing like that there erous; or, worse, it affects our safety. I looked at him and I said: How are anymore. There are two principles being held in you here? I will make a long story short. the balance here: keeping America safe And he said: I don’t know. Some of the members of the commu- and keeping America generous. Another man had been a part of the nity who had worked on that project President Trump’s executive order to paratroopers who dropped in behind heard this. They said: Well, we can protect the Nation from foreign ter- enemy lines the night before near the build another one. rorist entry into the United States has town of Sainte-Mere-Eglise, and I will I was trying to tamp down expecta- suspended all new refugee admissions come to that town in a moment. And I tions because I knew how difficult that into the U.S. for 120 days. In addition, asked him: What was your assignment? would be; but the day before the 71st it blocks all travelers for 90 days from He said: Hill 60, or some number. anniversary, that new World War II seven countries of concern—Iraq, Iran, And I said: Where is that? memorial was put in the breach where Libya, Somalia, Sudan, Syria, and He said: Right over there. He said: our troops first came through, where Yemen—which was a list, by the way, Guard the bridge at La Fiere. General Roosevelt led our troops created by the Obama administration I said: That is the bridge at La Fiere. through on Utah Beach. Right in the in 2015. Refugees from Syria are banned An old Norman-style, arched stone breach, a memorial that was con- indefinitely, and travelers from these bridge, maybe a car-length wide, obvi- structed by the good people of Colum- countries with a green card will be al- ously just one lane to get a horse and bus, Nebraska, now sits as a permanent lowed since they are permanent United cart over. display—a replica—of the Higgins boat, States residents. He said: Do not let the Germans cross right next to the World War II museum Madam Speaker, from my perspec- that bridge, that was our assignment, right there on Utah Beach. I under- tive, I believe it is reasonable to pause and we held them. stand it is extraordinarily popular as and review our refugee policy from Another man looked at me and said: one is able to enter onto the boat and dangerous parts of the world; but, I haven’t been here in 70 years. A much experience the life-like reality of what clearly, the implementation of the pol- better reception this time. it must have been like to be in that icy has caused some confusion, dif- This great humor, this depth of char- moment. The French even moved one ficulty, and concern, some of which has acter that these extraordinary men of their own monuments, by the way. been clarified. showed was so evident that day. This is the cooperation we had with the As an example, there is a Yazidi man French Government. They moved their named Nawaf, who was one of those b 2045 own monument to General Le Clerc— military translators—again, putting To continue the story a little bit their general who had followed the himself at great risk to serve alongside more, Captain Luther Sextan Forten- pathway or fought, as well, into Ger- our troops. Nawaf visited my office last berry, my grandfather, left his family many. Monday. It was in the evening. He re- in August of 1944. He was a medical I apologize for holding the gentleman quested help for his wife, Laila. Two of doctor and was initially at a hospital up, but he talked about a number of his brothers live where I live—in Lin- in England. The records are a little bit things. Obviously, we are going to have coln, Nebraska. Although I didn’t rec- unclear; but, in November of ’44, he was big, important debates about a number ognize him at first, I remembered that

VerDate Sep 11 2014 02:55 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.054 H06FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H1006 CONGRESSIONAL RECORD — HOUSE February 6, 2017 a president of a university in Iraq, cause you see it—you see an American Madam Speaker, there is a story I whom I know, once told me about a flag. At that moment, the flag is more would like to tell. There is a man, and Yazidi student who had become class than a piece of cloth with stars and he is talking to his young son. He said: valedictorian of that university; so I stripes. It is an enduring symbol that Son, you see that beautiful, lovely began to piece this story together. expresses a deep, unspoken narrative home there on the hill? One day, if it is Nawaf arrived in America just last about who we are as a people and about your heart’s desire, if you are willing year. Following 18 months of vetting, the ideals that unite us as a nation. to work hard and be patient, and if you his wife was awarded a special visa If you ask most people what America do what is right, then maybe you could about a week and a half ago; but as means, I would suggest that they would earn that home one day. Nawaf was explaining to me both with probably use one word: freedom. Yet I Another man in another country great composure and, frankly, a cer- am afraid, Madam Speaker, that this took a very different approach talking tain sensitivity to our security con- word ‘‘freedom’’ is so overused that we to his young son. He said: See that big cerns, he told me that his wife, Laila, have forgotten its essential meaning. mansion on the hill there? If you work was barred from entry. Most properly understood, freedom is hard enough, if you stay focused, and if Madam Speaker, immigration and the ability to do what one ought—to you position yourself right, one day refugee policy always involves a dif- take responsibility for oneself, one’s you can get that guy. ficult choice. A country has to consider family, one’s community, and, by ex- You see, Madam Speaker, our coun- first its absorption capacity, the possi- tension, one’s nation. Freedom is not a try is not based on the principle of bilities of assimilation, as well as the detachment from responsibility to do envy. It is based on respect and respon- necessity of those coming to accept the whatever you want. That is a self-de- sibility. To make America flourish values of the host country’s. I think a structive idea that erodes freedom, re- again, politically, economically, and review of this policy or of these prin- sulting not only in the loss of oneself, culturally, a restoration of this ideal is ciples—a review of what has happened but in the degradation of the entire necessary to create the conditions for a in Europe—actually sheds some light. community. true and lasting freedom. For example, Germany recklessly Of course, we often reflect on what it Madam Speaker, I yield back the bal- threw open its borders recently, and a means to be an American when dis- ance of my time. wave of persons—many young, single cussing immigration. America has long f men—entered the country, sparking an offered the hope of freedom for immi- uptick in crime and violence and, pos- grants who are yearning to work for a LEAVE OF ABSENCE sibly, the conditions for more terrorist better future for themselves, for their By unanimous consent, leave of ab- attacks. Confusion continues as to who families. To those tempest-tossed, to sence was granted to: is where, and the German Govern- those tired, poor, huddled masses Mr. POE of Texas (at the request of ment’s rapidly considered and naive yearning to breathe free, America has Mr. MCCARTHY) for today on account of refugee policy has unwittingly created lifted its lamp beside the golden door. personal reasons. an anti-immigration backlash and po- Implicit in this worldwide welcome was Mr. JEFFRIES (at the request of Ms. litical turmoil. a basic compact that those who came PELOSI) for today. Madam Speaker, the immigration here, however arduous their journey, f and refugee movement should always must undertake the responsibility of be a means of last resort. Everyone citizenship. Of course, many people PUBLICATION OF COMMITTEE can’t come to the West. Rather, it is gleefully do. RULES the responsibility of governments In fact, America’s very survival as a RULES OF THE COMMITTEE ON SMALL BUSINESS around the world to create the condi- beacon-handed land requires those who FOR THE 115TH CONGRESS tions in which people can live securely. immigrate to assimilate and adopt the COMMITTEE ON SMALL BUSINESS, If that breaks down, as a first order re- values proposition that makes our HOUSE OF REPRESENTATIVES, sponse, robust humanitarian assistance country unique in the history of the Washington, DC, February 1, 2017. and repositioning persons in nearby world. Those values include respect for Hon. PAUL D. RYAN, safe zones creates the possibility of a others, the acceptance of law and order Speaker, House of Representatives, right of return and avoids the trauma Washington, DC. as a prerequisite for the orderly func- DEAR SPEAKER RYAN: Enclosed herewith of uprooting persons from their homes tioning of society, and the desire to are the Rules and Procedures for the 115th and their cultures. participate constructively as a citizen. Congress that were adopted by the Com- Madam Speaker, with all of the com- Those who refuse to assimilate or re- mittee on Small Business at its organiza- plex considerations surrounding immi- ject these time-honored values take ad- tional meeting on February 1, 2017. gration, though, it is important to re- vantage of the sacrifices and hard- Sincerely, member that we are not dealing with fought gains of generations of Ameri- STEVE CHABOT, statistics, that we are not dealing with cans who have built and often died for Chairman. some remote geopolitical policy, but what we cherish and what we so ea- 1. GENERAL PROVISIONS that we are dealing with the lives of gerly share with people from around (A) Rules of the Committee. The Rules of real persons. So, happily, last Friday the world. That is fundamentally un- the House of Representatives, in total (but morning, after my office successfully fair and is an abuse of the idea of free- especially with respect to the operations of committee., Rule X, cl. 1(q), cl. 2, cl. 3(1) and worked on the case, Laila arrived, and dom itself. with open arms and flowers, Nawaf, her Rule XI), are the rules of the Committee on Madam Speaker, individual freedom Small Business (‘‘Committee’’) to the extent husband, welcomed her to America. is achieved most fully in the context of applicable and are incorporated by reference. Madam Speaker, given now that the community. When the government or (B) Appointments by the Chair. Pursuant executive order has been put on a tem- interest groups see freedom merely as a to the Rules of the House, the Chair shall porary halt as the administration goes functional meeting of material needs designate a Member of the Committee Ma- through the appeals process, I also alone, it undermines the social dimen- jority to serve as Vice Chair of the Com- think it is appropriate to pause and sions of freedom, which are rooted in mittee. The Vice Chair shall preside at any meeting or hearing during the temporary ab- speak about the broader issues at stake authentic human relationships. here—what it means to be a nation and sence of the Chair. The Chair also reserves b 2100 the right to designate a Member of the Com- what it means to have a binding nar- mittee Majority to serve as the Chair at a rative as a people. Conversely, the proper amount of hearing or meeting. Madam Speaker, I am quite sure our government, a government well-or- 2. REFERRAL OF BILLS BY THE CHAIR soldiers know this feeling all too well— dered, provides protection and creates I have experienced it. Perhaps you have the guardrails for individuals to flour- The Chair will retain consideration of all legislation referred to the Committee by the experienced it, too—when you are in a ish together, generating meaning for Speaker. No action will be required of a Sub- far-off place, with no one familiar persons and community. The right po- committee before legislation is considered around you, and then you, all of a sud- litical approach in America can restore for report by the Committee. Subcommittee den, have that feeling of connection be- that golden mean. chairs, pursuant to the rules set out herein,

VerDate Sep 11 2014 04:19 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.055 H06FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 6, 2017 CONGRESSIONAL RECORD — HOUSE H1007 may hold hearings on any bill referred to the SBA financial assistance programs, includ- (D) Hearing Time and Date. No hearing or Committee. ing guaranteed loans, microloans, certified meeting of a Subcommittee shall take place 3. SUBCOMMITTEES development company loans, and small busi- at the same time as the meeting or hearing (A) Generally. Each Subcommittee of the ness investment companies. of the full Committee or another Oversight of the Department of Agri- Committee is part of the Committee and is Subcommitte, provided however, that the culture business and industry guaranteed subject to the authority and direction of the Subcommittee Chairs may hold field hear- loan program. Committee, and to the Rules of the House ings that conflict with those held by other Oversight of general tax policy affecting and the rules adopted herein, to the extent Subcommittees of the Committee. small businesses. 4. COMMITTEE STAFF applicable. The Chairman and Ranking Mem- The management of the SBA disaster loan ber of the Committee are ex officio Members program. (A) Majority Staff. The employees of the of all Subcommittees for the purpose of any (4) Subcommittee on Investigations, Over- Committee, except those assigned to the Mi- meeting conducted by a Subcommittee. sight, and Regulations. nority as provided below, shall be appointed (B) The Committee shall be organized into This Subcommittee (which will consist of and assigned, and may be removed by the the following five subcommittees: six (6) Republican Members and four (4) Chair of the Committee. The Chair shall fix (1) Subcommittee on Agriculture, Energy, Democratic Members) will probe the effi- their remuneration and they shall be under and Trade. cient operation of government programs that the general supervision and direction of the This Subcommittee (which will consist of affect small businesses, including the SBA, Chair. six (6) Republican Members and four (4) and develop proposals to make them operate (B) Minority Staff. The employees of the Democratic Members) will address policies in a more cost-effective manner. This Sub- Committee assigned to the Minority shall be that enhance rural economic growth, in- committee also will review the regulatory appointed and assigned, and their remunera- creasing America’s energy independence and burdens imposed on small businesses and tion determined, as the Ranking Minority ensuring that America’s small businesses how those burdens may be alleviated. Member of the Committee shall decide. can compete effectively in a global market- Oversight of general issues affecting small (C) Subcommittee Staff. There shall be no place. businesses and federal agencies. separate staff assigned to Subcommittees. Oversight of agricultural policies. Oversight of the management of the SBA. The Chair and Ranking Minority Member Oversight of environmental issues and reg- Oversight of the SBA Inspector General. shall endeavor to ensure that sufficient Com- ulations (including agencies such as the En- Implementation of the Regulatory Flexi- mittee staff is made available in order that vironmental Protection Agency and the bility Act. each Subcommittee may carry out the re- Army Corps of Engineers). Oversight of the Office of Information and sponsibilities set forth in Rule 3, supra. Oversight of energy issues, including ex- Regulatory Affairs at the Office of Manage- 5. MEETINGS pansion of domestic resources, whether they ment and Budget. are renewable or non-renewable. Use of the Congressional Review Act. (A) Regular Meeting Day. The regular Oversight of international trade policy Transparency of the federal rulemaking meeting day of the Committee shall be the with particular emphasis on agencies that process as required by the Administrative second Wednesday of every month when the provide direct assistance to small businesses, Procedure and Data Quality Acts. House is in session. The Chair may dispense such as: the Small Business Administration’s Implementation of the Paperwork Reduc- with the meeting of the Committee, if in the (SBA) Office of International Trade, the De- tion Act. sole discretion of the Chair, there is no need partment of Commerce’s United States Ex- (5) Subcommittee on Contracting and for such meeting. port Assistance Centers, the Department of Workforce. (B) Additional Meetings. Additional meet- Agriculture’s Foreign Agricultural Service, This Subcommittee (which will consist of ings may be called as deemed necessary by and the Export-Import Bank. six (6) Republican Members and four (4) the Chair or at the request of the majority Oversight of infringement of intellectual Democratic Members) will assess the federal Members of the Committee pursuant to Rule property rights by foreign competition. procurement system, including those pro- XI, cl. 2(c) of the rules of the House. At least (2) Subcommittee on Health and Tech- grams designed specifically to enhance par- 3 days’ notice of such an additional meeting nology. ticipation by small businesses in providing shall be given unless the Chair, with the con- This Subcommittee (which will consist of goods and services to the federal govern- currence of the Ranking Minority Member, six (6) Republican Members and four (4) ment. The Subcommittee will examine var- determines that there is good cause to call Democratic Members) will address how ious programs designed to provide technical the meeting on less notice or upon a vote by health care policies may inhibit or promote assistance to small businesses, whether spe- a majority of the Committee (a quorum economic growth and job creation by small cifically aimed at federal contractors or being present). To the extent possible, the businesses. In addition, the Subcommittee small businesses in general. Finally, the three days shall be counted from the 72 hours will examine small business job growth Subcommittee will review the broad scope of before the time of the meeting. Announce- through the creation and adoption of ad- workforce issues that affect the ability of ments of the meeting shall be published vanced technologies. small businesses to obtain and maintain promptly in the Daily Digest and made pub- Oversight of the implementation of the Pa- qualified employees. licly available in electronic form. tient Protection and Affordable Care Act. Oversight of government-wide procure- (C) Business to be Considered. The deter- Oversight of availability and affordability ment practices and programs affecting small mination of the business to be considered at of health care coverage for small businesses. businesses. each meeting shall be made by the Chair sub- Oversight of general technology issues, in- Oversight of federal procurement policies ject to limitations set forth in House Rule cluding intellectual property policy in the that inhibit or expand participation by small XI, cl. 2(c). United States. businesses in the federal contracting mar- (D) Meeting Materials. The Chair shall pro- Oversight of United States telecommuni- ketplace. vide to each Member of the Committee, to cations policies including, but not limited All contracting programs established by the extent practicable, at least 48 hours in to, the National Broadband Plan and alloca- the Small Business Act, including HUBZone, advance of a meeting, a copy of the bill, reso- tion of electromagnetic spectrum. 8(a), Women-, and Service Disabled Veteran- lution, report or other item to be considered Oversight of the Small Business Innova- Owned Small Business Programs. at the meeting, but no later than 24 hours tion Research Program. Technical assistance provided to federal before the meeting. Such material also shall Oversight of the Small Business Tech- contractors and perspective contractors be made available to the public at least 24 nology Transfer Program. through SBA personnel, Offices of Small and hours in advance in electronic form. (3) Subcommittee on Economic Growth, Disadvantaged Business Utilization, and Pro- (E) Special and Emergency Meetings. The Tax, and Capital Access. curement Technical Assistance Centers. rules for notice and meetings as set forth in This Subcommittee (which will consist of The SBA Surety Bond guarantee program. Rule 5 of these Rules shall not apply to spe- six (6) Republican Members and four (4) Oversight of all federal policies that affect cial and emergency meetings. Clause 2(c)(2) Democratic Members) will evaluate the oper- the workforce including, but not limited to, of Rule XI and clause 2(g)(3)(A) of Rule XI of ation of the financial markets in the United the roles of the Department of Labor and the the Rules of the House, as applicable, shall States and their ability to provide needed National Labor Relations Board. apply to such meetings. capital to small businesses. In addition, the SBA entrepreneurial development and Subcommittee will review federal programs, technical assistance programs unrelated to 6. NOTICE AND ANNOUNCEMENT OF HEARINGS especially those overseen by the SBA, aimed participation in the federal government con- (A) Announcement of Hearings. Public an- at assisting entrepreneurs in obtaining need- tracting. nouncement of the date, place and subject ed capital. Since the tax policy plays an in- (C) Powers and Duties of Subcommittees. matter of any hearing to be conducted by the tegral role in access to capital, this Com- Each Subcommittee is authorized to meet, Committee shall be made no later than 7 cal- mittee also will examine the impact of fed- hold hearings, receive evidence, and report endar days before the commencement of the eral tax policies on small businesses. to the Committee on any matters referred to hearing. To the extent possible, the seven Oversight of capital access and financial it. Prior to the scheduling of any meeting or days shall be counted from 168 hours before markets. hearing of a Subcommittee, the Chair of the the time of the Committee’s hearing. Implementation of the Dodd-Frank Wall Subcommittee shall obtain the approval of (B) Exception. The Chair, with the concur- Street Reform and Consumer Protection Act. the Chair of the Committee. rence of the Ranking Minority Member, or

VerDate Sep 11 2014 04:53 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A06FE7.031 H06FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H1008 CONGRESSIONAL RECORD — HOUSE February 6, 2017 upon a vote by the majority of the Com- close the hearing for the sole purpose of dis- (2) Each non-governmental witness shall mittee (a quorum being present), may au- cussing whether the testimony or evidence provide to the Committee and the Ranking thorize a hearing to commence on less than to be received would endanger the national Minority Member, no later than 48 hours be- 7 days’ notice. security, would compromise sensitive law fore the commencement of the hearing, a (C) Witness Lists. Unless the Chair deter- enforcement information, or violate Rule XI, curriculum vitae or other statement describ- mines it is impracticable to do so, the Com- cl. 2(k)(5) of the House or (ii) to close the ing their education, employment, profes- mittee shall make a tentative witness list hearing, as provided clause 2(k)(5) of Rule XI sional affiliation or other background infor- available at the time it makes the public an- of the House. mation pertinent to their testimony. nouncement of the hearing. If a tentative (C) Participation in Subcommittee Hear- (E) Witness Disclosure. As required by witness list is not made available at the time ings. The Chair and Ranking Minority Mem- Rule XI, cl. 2(g) of the Rules of the House, of the announcement of the hearing, such ber are ex officio Members of all Subcommit- each nongovernmental witness before the witness list shall be made available as soon tees for any hearing conducted by a Sub- commencement of the hearing shall file with as practicable after such announcement is committee. Members of the Committee who the Chair a disclosure form detailing any made. A final witness list shall be issued by wish to participate in a hearing of the Sub- contracts or grants that the witness has with the Committee no later than 48 hours prior committee to which they are not Members the federal government, as well as the to the commencement of the hearing. shall make such request to the Chair and the amount and country of origin of any pay- (D) Hearing Material. The Chair shall pro- Ranking Minority Member of the Sub- ment or contract related to the subject of vide to all Members of the Committee, as committee at the commencement of the the hearing originating with a foreign gov- soon as practicable after the announcement hearing. The Chair, after consultation with ernment. In addition, each non-govern- of the hearing, a memorandum explaining the Ranking Minority Member of the Sub- mental witness shall file with the Com- the subject matter of the hearing and any of- committee, shall grant such request. mittee Chair a disclosure form detailing any ficial reports from departments and agencies (D) Non-Participatory Attendance by payments or contracts received from a for- on the subject matter of the hearing. Such Other Members of the House. No Member of eign government if such payments or con- material shall be made available to all Mem- the House may be excluded from non- tracts are related in any manner to the sub- bers of the Committee no later than 48 hours participatory attendance at any hearing of ject matter of a hearing. Such information before the commencement of the hearing, the Committee or any Subcommittee, unless shall be posted on the Committee website unless the Chair, after consultation with the the House of Representatives shall by major- within 24 hours after the witness appeared at Ranking Minority Member, determines that ity vote authorize the Committee or Sub- the hearing. certain reports from departments or agencies committees, for purposes of a particular sub- (F) Failure to Comply. The failure to pro- should not be made available prior to the ject of investigation, to close its hearing to vide the materials set forth by the deadlines commencement of the hearing. Material pro- Members by the same procedures designated set forth in these rules may be grounds for vided by the Chair to all Members, whether to close hearings to the public. excluding both the oral and written testi- provided prior to or at the hearing, shall be (E) Procedure to Participate. Members of mony of the witness unless waived by the placed on the Committee website no later Congress who are not Members of the Com- Chair of the Committee or Subcommittee. than 48 hours after the commencement of mittee but would like to participate in a (G) Public Access to Witness Materials. the hearing, unless such material contains hearing shall notify the Chair and the Rank- The Committee will provide public access to sensitive or classified information, in which ing Minority Member and submit a formal printed materials, including the testimony case such material shall be handled pursuant request no later than 24 hours before the of witnesses in electronic form on the Com- to Rule 16 of the Committee’s Rules. commencement of the meeting or hearing. mittee’s website no later than 24 hours after 7. MEETINGS AND HEARINGS OPEN TO THE (F) Audio and Video Coverage. To the max- the hearing is adjourned. Supplemental ma- PUBLIC imum extent practicable, the Committee terial provided after the hearing adjourns (A) Meetings. Each meeting of the Com- shall provide audio and video coverage of shall be placed on the Committee website no mittee or its Subcommittees for the trans- each hearing or meeting for the transaction later than 24 hours after receipt of such ma- action of business, including the markup of of business in a manner that allows the pub- terial. legislation, shall be open to the public, in- lic to easily listen and view the proceedings (H) Questioning of Witnesses. Except when cluding to radio, television, and still photog- and shall maintain the recordings of such the Committee adopts a motion pursuant to raphy coverage, except as provided by House coverage in a manner easily accessible to the subdivisions (B) and (C) of clause 2(i)(2) of Rule XI, cl. 4. If the majority of Members of public. Rule XI of the Rules of the House, Com- the Committee or Subcommittee present at 8. WITNESSES mittee Members may question witnesses only when they have been recognized by the the meeting determine by a recorded vote in (A) Number of Witnesses. For any hearing Chair for that purpose. Members shall have open session that all or part of the remain- conducted by the Committee or Sub- the opportunity, as set forth in Rule XI, cl. der of the meeting on that day shall be committee there shall be no more than four 2 (j) of the Rules of the House, to question closed to the public because the disclosure of non-governmental witnesses of which the each witness on the panel for a period not to matters to be considered would endanger na- Ranking Minority Member of the Committee exceed five minutes. For any hearing, the tional security, would compromise sensitive or Subcommittee (as appropriate) is entitled Chair of the Committee or Subcommittee law enforcement information, or would tend to select one witness for the hearing. may offer a motion to extend the ques- to defame, degrade, or incriminate any per- (B) Witnesses Selected by the Minority. tioning of a witness or witnesses by the son or otherwise would violate any law or Witnesses selected by the Ranking Minority Member identified in the motion for more rule of the House; provided however, that no Member of the Committee or Subcommittee than five minutes as set forth in Rule XI, cl. person other than Members of the Com- shall be invited to testify by the Chair of the 2(j)(B). mittee, and such congressional staff and Committee or Subcommittee (as appro- (I) Order of Questioning. The Chair of the such executive branch representatives they priate). Rule 8(D) shall apply with equal Committee or Subcommittee shall com- may authorize, shall be present in any meet- force to witnesses selected by the Ranking mence questioning followed by the Ranking ing which has been closed to the public. Minority Member of the Committee or Sub- Minority Member. Thereafter, questioning (B) Hearings. Each hearing conducted by committee. shall alternate between the majority and mi- the Committee or its Subcommittees shall (C) Small Business Week Exception. The nority Members. Before the gavel has been be open to the public, including radio, tele- limitations set forth in the preceding para- struck, or in the case of Members arriving si- vision and still photography coverage. If the graph shall not apply if the Committee holds multaneously, the order of questioning shall majority of Members of the Committee or a hearing to honor the work of the small be based on seniority among Members of his Subcommittee present at the hearing deter- business community in conjunction with the or her own party. After the gavel has been mine by a recorded vote in open session that annual celebration of Small Business Week. struck, Members first to arrive shall have all or part of the remainder of the hearing on Witness limitations for such a hearing shall priority over Members of his or her own that day shall be closed to the public because be determined by the Chair in consultation party. the disclosure of matters to be considered with the Ranking Minority Member. (J) Consideration of Ratio. In recognizing would endanger national security, would (D) Statement of Witnesses. compromise sensitive law enforcement infor- (1) Each witness who is to appear before Members to question witnesses, the Chair mation, or would tend to defame, degrade, or the Committee or Subcommittee shall file may take into consideration the ratio of ma- incriminate any person or otherwise would an electronic copy of the testimony with the jority and minority Members present in such violate any law or rule of the House; provided Committee and the Ranking Minority Mem- a manner as to not disadvantage the Mem- however, that the Committee or Sub- ber no later than 48 hours before the com- bers of either party. committee may by the same procedure also mencement of the hearing. In addition, the 9. QUORUM vote to close one subsequent day of hearings. witness shall provide 25 copies of the testi- (A) Determining a Quorum. A quorum, for Notwithstanding the requirements of the mony by the commencement of the hearing. purposes of reporting a measure or rec- preceding sentence, a majority of those The Chair may waive the requirement by the ommendation, shall be a majority of the present (if the requisite number of Members witness providing 25 copies in which case the Committee Members. are present under Committee rules for the Committee or Subcommittee shall provide (B) Quorum for a Hearing. For purposes of purpose of taking testimony) may vote: (i) to the 25 copies. taking testimony or receiving evidence, a

VerDate Sep 11 2014 03:53 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\A06FE7.031 H06FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE February 6, 2017 CONGRESSIONAL RECORD — HOUSE H1009 quorum shall be one Member from the Major- resume postponed proceedings, but no later when the Chair determines that such access ity and one Member from the Minority. The than 24 hours after such postponement, un- or attendance is essential to the functioning Chair of the Committee or Subcommittee less the House is not in session or there are of the Committee or one of its Subcommit- shall exercise reasonable comity by waiting conflicts with Member schedules that make tees. for the Ranking Minority Member even if a it unlikely a quorum will be present to con- (B) Procedures Governing Availability. The quorum is present before striking the gavel duct business on the postponed proceeding. procedures to be followed in granting access to commence the hearing. For hearings held In such cases, the Chair will consult with to those hearings, records, data, charts, and by the Committee or a Subcommittee in a Members to set a time as early as possible to files of the Committee which involve classi- location other than the Committee’s hearing resume proceedings but in no event later fied information or information deemed to room in Washington, DC, a quorum shall be than the next meeting date as set forth in be sensitive shall be as follows: deemed to be present if the Chair of the Com- Rule 5 of these Rules. (I) Only Members of the House of Rep- mittee or Subcommittee is present. (B) Resumption of Proceedings. When pro- resentatives and specifically designated 10. RECORD VOTES ceedings resume on a postponed question, Committee staff of the Committee on Small Business may have access to such informa- (A) When Provided. A record vote of the notwithstanding any intervening order for tion. Committee shall be provided on any question the previous question, an underlying propo- (II) Members who desire to read materials before the Committee upon the request of sition shall remain subject to further debate that are in possession of the Committee shall any Member of the Committee. A record of or amendment to the same extent as when notify the Clerk of the Committee in writ- the vote of each Member of the Committee the question was postponed. ing. on a matter before the Committee shall be 14. COMMITTEE RECORDS (III) The Clerk of the Committee will available in electronic form within 48 hours (A) The Committee shall keep a complete maintain an accurate access log, which iden- of such record vote, and, with respect to any record of all actions, which shall include a tifies the circumstances surrounding access roll call vote on any motion to amend or re- record of the votes on any question on which to the information, without revealing the port, shall be included in the report of the a recorded vote is demanded. The result of material examined. Committee showing the total number of any vote by the Committee, or if applicable (IV) If the material desired to be reviewed votes cast for and against and the names of by a Subcommittee, including a voice vote is material which the Committee or Sub- those Members voting for and against. shall be posted on the Committee’s website committee deems to be sensitive enough to (B) Public Access to Record Votes. The within 24 hours after the vote has been require special handling, before receiving ac- Chair of the Committee shall, not later than taken. Such record shall include a descrip- cess to such information, individuals will be 24 hours after consideration of a bill, resolution of the amendment, motion, order, or required to sign an access information sheet tion, report or other item, cause the text of other proposition, the name of the Member acknowledging such access and that the indi- the reported item and any amendment voting for and against such amendment, mo- vidual has read and understands the proce- adopted thereto to be made publicly avail- tion, order, or other proposition, and the dures under which access is being granted. able in electronic form. names of Members present but not voting. (V) Material provided for review under this 11. SUBPOENAS For any amendment, motion, order, or other rule shall not be removed from a specified (A) Authorization and Issuance. A sub- proposition decided by voice vote, the record room within the Committee offices. poena may be authorized and issued by the shall include a description and whether the (VI) Individuals reviewing materials under Committee in the conduct of any investiga- voice vote was in favor or against. this rule shall make certain that the mate- tion or series of investigations or activities (B) Transcripts. The Committee shall keep rials are returned to the proper custodian. to require the attendance and testimony of a complete record of all Committee and Sub- (VII) No reproductions or recordings may such witness and the production of such committee activity which, in the case of a be made of any portion of such materials. books, records, correspondence, memoranda, meeting or hearing transcript, shall include (VIII) The contents of such information papers and documents, as deemed necessary. a substantially verbatim account of the re- shall not be divulged to any person in any Such subpoena shall be authorized by a ma- marks actually made during the proceedings way, form, shape, or manner and shall not be jority of the full Committee. The require- subject only to technical, grammatical, and discussed with any person who has not re- ment that the authorization of a subpoena typographical corrections authorized by the ceived the information in the manner au- requires a majority vote may be waived by person making the remarks. thorized by the rules of the Committee. the Ranking Minority Member of the Com- (C) Availability of Records. The records of (IX) When not being examined in the man- mittee. the Committee at the National Archives and ner described herein, such information will (B) Issuance During Congressional Recess. Records Administration shall be made avail- be kept in secure safes or locked file cabinets The Chair may issue a subpoena, in consulta- able in accordance with Rule VII of the within the Committee offices. tion with the Ranking Minority Member, Rules of the House. The Chair of the Com- (X) These procedures only address access when the House is out for session for more mittee shall notify the Ranking Member of to information the Committee or Sub- than three legislative days. the Committee of any decision, pursuant to committee deems to be sensitive enough to Rule VII, cl. 3(b)(3) or cl. 4(b), to withhold a 12. AMENDMENTS DURING MARKUP require special treatment. record otherwise available, and the matter (XI) If a Member of the House of Rep- (A) Availability of Amendments. Any shall be presented to the Committee for a de- resentatives believes that certain sensitive amendment offered to any pending legisla- termination of the written request of any information should not be restricted as to tion before the Committee must be made Member of the Committee. dissemination or use, the Member may peti- available in written form by any Member of (D) Publishing and Posting of Records. The tion the Committee or Subcommittee to so the Committee. If such amendment is not Committee Rules shall be made publicly rule. With respect to information and mate- available in written form when requested, available in electronic form and published in rials provided to the Committee by the Exec- the Chair shall allow an appropriate period the Congressional Record not later than 30 utive Branch or an independent agency as for the provision thereof and may adjourn days after the Chair of the Committee is that term is defined in 44 U.S.C. 3502, the the markup to provide sufficient time for the elected in each odd-numbered year. classification of information and materials provision of such written amendment. Such as determined by the Executive Branch or period or adjournment shall not prejudice 15. COMMITTEE WEBSITE independent agency shall prevail unless af- the offering of such amendment. The Chair shall maintain an official Com- (B) Drafting and Filing of Amendments. mittee website for the purpose of furthering firmatively changed by the Committee or For amendments to be accepted during the Committee’s legislative and oversight re- Subcommittee involved, after consultation markup, there is no requirement that the sponsibilities, including communicating in- with the Executive Branch or independent amendments be filed prior to commencement formation about Committee’s activities to agency. (XII) Other materials in the possession of of the markup or prepared with the assist- Committee Members and other Members of the Committee are to be handled in accordance of the Office of Legislative Counsel. the House. The Ranking Minority Member ance with normal practices and traditions of Even though it is not necessary, Members may maintain a similar website for the same the Committee. seeking to amend legislation during markup purpose, including communicating informa- should draft amendments with the assistance tion about the activities of the Minority to 17. OTHER PROCEDURES of the Office of Legislative Counsel and con- Committee Members and other Members of The Chair of the Committee may establish sult with the Chair or Ranking Minority the House. such other procedures and take such actions Member’s staff (as appropriate) in the prepa- 16. ACCESS TO CLASSIFIED OR SENSITIVE as may be necessary to carry out the fore- ration of such amendments. INFORMATION going rules or to facilitate the effective oper- 13. POSTPONEMENT OF PROCEEDINGS (A) Access to classified or sensitive infor- ation of the Committee. (A) When Postponement is Permissible. mation supplied to the Committee or Sub- 18. AMENDMENTS TO COMMITTEE RULES The Chair, in consultation with the Ranking committees and attendance at closed ses- The rules of the Committee may be modi- Minority Member, may postpone further pro- sions of the Committee or a Subcommittee fied, amended or repealed by a majority vote ceedings when a record vote is ordered on the shall be limited to Members and necessary of the Members, at a meeting specifically question of approving any measure or matter Committee staff and stenographic reporters called for such purpose, but only if written or adopting an amendment. The Chair may who have appropriate security clearance notice of the proposed change or changes has

VerDate Sep 11 2014 03:53 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A06FE7.031 H06FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H1010 CONGRESSIONAL RECORD — HOUSE February 6, 2017 been provided to each Member of the Com- Stat. 868); to the Committee on Education eral Mediation and Conciliation Service mittee at least 72 hours prior to the time of and the Workforce. under the Federal Managers’ Financial In- the meeting of the Committee to consider 497. A letter from the Assistant General tegrity Act for Fiscal Year 2016; to the Com- such change or changes. Counsel for Legislation, Regulation and En- mittee on Oversight and Government Re- 19. BUDGET AND TRAVEL ergy Efficiency, Office of Energy Efficiency form. and Renewable Energy, Department of En- 507. A letter from the Deputy Assistant Ad- (A) Allocation of Budget. From the amount ergy, transmitting the Department’s final ministrator for Regulatory Programs, provided to the Committee in the primary rule — Energy Conservation Program: Test NMFS, Office of Protected Resources, Na- expense resolution adopted by the House of Procedures for Central Air Conditioners and tional Oceanic and Atmospheric Administra- Representatives in the 115th Congress, the Heat Pumps [Docket No.: EERE-2016-BT-TP- tion, transmitting the Administration’s final Chair, after consultation with the Ranking 0029] (RIN: 1904-AD71) received February 2, rule — Endangered and Threatened Wildlife Minority Member, shall designate one-third 2017, pursuant to 5 U.S.C. 801(a)(1)(A); Public and Plants; Final Rule To List Two of the budget under the direction of the Law 104-121, Sec. 251; (110 Stat. 868); to the Guitarfishes as Threatened Under the Endan- Ranking Minority Member for the purposes Committee on Energy and Commerce. gered Species Act [Docket No.: 150211138-7024- of minority staff, travel expenses of minority 498. A letter from the Assistant General 02] (RIN: 0648-XD771) received February 2, staff and Members, and minority office ex- Counsel for Legislation, Regulation and En- 2017, pursuant to 5 U.S.C. 801(a)(1)(A); Public penses. ergy Efficiency, Office of Energy Efficiency Law 104-121, Sec. 251; (110 Stat. 868); to the (B) Authorization of Travel. The Chair and Renewable Energy, Department of En- Committee on Natural Resources. 508. A letter from the Deputy Assistant Ad- may authorize travel in connection with ac- ergy, transmitting the Department’s final ministrator for Regulatory Programs, tivities or subject matters under the legisla- rule — Energy Conservation Program: Test NMFS, Office of Sustainable Fisheries, Na- tive or oversight jurisdiction of the Com- Procedures for Compressors [Docket No.: tional Oceanic and Atmospheric Administra- mittee as set forth in Rule X of the Rules of EERE-2014-BT-TP-0054] (RIN: 1904-AD43) re- the House. The Ranking Minority Member tion, transmitting the Administration’s final ceived February 2, 2017, pursuant to 5 U.S.C. rule — Fisheries of the Northeastern United may authorize travel for any Minority Mem- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 ber or staff of the minority in connection States; Atlantic Surfclam and Ocean Quahog Stat. 868); to the Committee on Energy and Fishery; 2017-2018 Fishing Quotas [Docket with activities or subject matters under the Commerce. Committee’s jurisdiction as set forth in Rule No.: 160816746-6999-02] (RIN: 0648-XE819) re- 499. A letter from the Director, Regulatory ceived January 26, 2017, pursuant to 5 U.S.C. X of the Rules of the House. Before such Management Division, Environmental Pro- travel, there shall be submitted to the Chair 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 tection Agency, transmitting the Agency’s Stat. 868); to the Committee on Natural Re- of the Committee in writing the following at final rule — Hexythiazox; Pesticide Toler- least seven (7) calendar days prior specifying: sources. ances [EPA-HQ-OPP-2015-0795] [EPA-HQ- 509. A letter from the Deputy Assistant Ad- a) the purpose of the travel; b) the dates dur- OPP-2015-0796] [EPA-HQ-OPP-2015-0797; FRL- ministrator for Regulatory Programs, ing which the travel is to occur; c) the names 9957-22] received February 3, 2017, pursuant NMFS, Office of Sustainable Fisheries, Na- of the states or countries to be visited and to 5 U.S.C. 801(a)(1)(A); Public Law 104-121, tional Oceanic and Atmospheric Administra- the length of time spent in each; and d) the Sec. 251; (110 Stat. 868); to the Committee on tion, transmitting the Administration’s tem- names of Members and staff of the Com- Energy and Commerce. porary rule — Fisheries of the Northeastern mittee participating in such travel. 500. A letter from the Director, Regulatory United States; Blueline Tilefish Fishery; f Management Division, Environmental Pro- Secretarial Interim Action [Docket No.: tection Agency, transmitting the Agency’s 160609505-6505-01] (RIN: 0648-BG07) received SENATE BILL REFERRED final rule — Propamocarb; Pesticide Toler- February 1, 2017, pursuant to 5 U.S.C. A bill of the Senate of the following ance [EPA-HQ-OPP-2016-0083; FRL-9957-68] 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 title was taken from the Speaker’s received February 3, 2017, pursuant to 5 Stat. 868); to the Committee on Natural Re- U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. sources. table and, under the rule, referred as 251; (110 Stat. 868); to the Committee on En- 510. A letter from the Deputy Assistant Ad- follows; ergy and Commerce. ministrator for Regulatory Programs, S. 305. An act to amend title 4, United 501. A letter from the Director, Defense Se- NMFS, Office of Sustainable Fisheries, Na- States Code, to encourage the display of the curity Cooperation Agency, Department of tional Oceanic and Atmospheric Administra- flag of the United States on National Viet- Defense, transmitting the FY 2016 annual re- tion, transmitting the Administration’s final nam War Veterans Day; to the Committee on port of Military Assistance and Military Ex- rule — Fisheries Off West Coast States; the Judiciary. ports, pursuant to 22 U.S.C. 2415(a); Public Coastal Pelagic Species Fisheries; Annual Law 87-195, Sec. 655 (as amended by Public Specifications [Docket No.: 160411325-6535-02] f Law 104-164, Sec. 148); (110 Stat. 1435); to the (RIN: 0648-XE568) received February 1, 2017, ADJOURNMENT Committee on Foreign Affairs. pursuant to 5 U.S.C. 801(a)(1)(A); Public Law 502. A letter from the Director, Defense Se- 104-121, Sec. 251; (110 Stat. 868); to the Com- Mr. FORTENBERRY. Madam Speak- curity Cooperation Agency, Department of mittee on Natural Resources. er, I move that the House do now ad- Defense, transmitting the Navy’s proposed 511. A letter from the Acting Assistant At- journ. Letter of Offer and Acceptance to the Repub- torney General, Office of Legislative Affairs, The motion was agreed to; accord- lic of Korea, Transmittal No. 16-85, pursuant Department of Justice, transmitting the An- nual Report to Congress on the implementa- ingly (at 9 p.m.), under its previous to Sec. 36(b)(1) of the Arms Export Control Act, as amended; to the Committee on For- tion, enforcement, and prosecution of reg- order, the House adjourned until to- istration requirements of the Adam Walsh morrow, Tuesday, February 7, 2017, at eign Affairs. 503. A letter from the Director, Defense Se- Child Protection and Safety Act of 2006, pur- 10 a.m. for morning-hour debate. curity Cooperation Agency, Department of suant to 42 U.S.C. 16991; Public Law 109-248, Sec. 635; (120 Stat. 644); to the Committee on f Defense, transmitting the Air Force’s pro- the Judiciary. posed Letter of Offer and Acceptance to the 512. A letter from the Regulations Coordi- EXECUTIVE COMMUNICATIONS, Republic of Korea, Transmittal No. 16-83, ETC. nator, ASFR/OGAPA/Division of Grants, De- pursuant to Sec. 36(b)(1) of the Arms Export partment of Health and Human Services, Under clause 2 of rule XIV, executive Control Act, as amended; to the Committee transmitting the Department’s final rule — communications were taken from the on Foreign Affairs. Annual Civil Monetary Penalties Inflation 504. A letter from the Director, Defense Se- Speaker’s table and referred as follows: Adjustment (RIN: 0991-AC0) received Feb- curity Cooperation Agency, Department of ruary 2, 2017, pursuant to 5 U.S.C. 495. A letter from the Acting Secretary, Defense, transmitting the Agency’s reports 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Department of Education, transmitting the containing the September 30, 2016, status of Stat. 868); to the Committee on the Judici- Department’s final regulations — Open Li- loans and guarantees, issued under Section ary. censing Requirement for Competitive Grant 25(a)(11) of the Arms Export Control Act; to 513. A letter from the Chief, Regulations Programs [Docket ID: ED-2015-OS-0105] (RIN: the Committee on Foreign Affairs. and Standards Branch, Bureau of Safety and 1894-AA07) received February 2, 2017, pursu- 505. A letter from the Acting Assistant Environmental Enforcement, Department of ant to 5 U.S.C. 801(a)(1)(A); Public Law 104- Secretary, Legislative Affairs, Department the Interior, transmitting the Department’s 121, Sec. 251; (110 Stat. 868); to the Committee of State, transmitting the Department’s 2016 final rule — Civil Penalty Inflation Adjust- on Education and the Workforce. Data Mining Report to Congress pursuant to ment [Docket ID: BSEE-2017-0001; 496. A letter from the Assistant General Implementing Recommendations of the 9/11 17XE1700DX EX1SF0000.DAQ000 EEEE50000] Counsel for Regulatory Affairs, Pension Ben- Commission Act of 2007, pursuant to 42 (RIN: 1014-AA34) received February 3, 2017, efit Guaranty Corporation, transmitting the U.S.C. 2000ee-3(c)(1); Public Law 110-53, Sec. pursuant to 5 U.S.C. 801(a)(1)(A); Public Law Corporation’s final rule — Benefits Payable 804(c)(1); (121 Stat. 363); to the Committee on 104-121, Sec. 251; (110 Stat. 868); to the Com- in Terminated Single-Employer Plans; Inter- Foreign Affairs. mittee on the Judiciary. est Assumptions for Paying Benefits received 506. A letter from the Chief Financial Offi- 514. A letter from the Chairman and Chief February 2, 2017, pursuant to 5 U.S.C. cer, Federal Mediation and Conciliation Executive Officer, Farm Credit Administra- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Service, transmitting the report of the Fed- tion, transmitting the Department’s final

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rule — Rules of Practice and Procedure; Ad- the National Global War on Terrorism Me- Mr. LAMBORN, Mr. CARSON of Indiana, justing Civil Money Penalties for Inflation morial as a commemorative work in the Dis- Ms. MCSALLY, Mr. YOHO, Mr. ROHR- (RIN: 3052-AD21) received February 2, 2017, trict of Columbia, and for other purposes; to ABACHER, Mr. DUNCAN of South Caro- pursuant to 5 U.S.C. 801(a)(1)(A); Public Law the Committee on Natural Resources. lina, Mr. LEWIS of Minnesota, Mr. 104-121, Sec. 251; (110 Stat. 868); to the Com- By Mr. LOEBSACK (for himself, Mr. BARR, Mr. BRIDENSTINE, Mr. GOH- mittee on the Judiciary. STIVERS, Mrs. BUSTOS, Mr. LEWIS of MERT, Mr. BANKS of Indiana, Mr. 515. A letter from the Director, Regulatory Georgia, Ms. KELLY of Illinois, Mr. SMUCKER, Mr. BRAT, Mr. SENSEN- Management Division, Environmental Pro- WEBER of Texas, Mr. LOBIONDO, Mr. BRENNER, Mr. SCHWEIKERT, Mr. tection Agency, transmitting the Agency’s HIMES, Mr. VARGAS, Mr. BARLETTA, MARINO, Mr. ROKITA, and Mr. ISSA): final rule — Uniform National Discharge Mrs. NAPOLITANO, Mr. LIPINSKI, Mr. H.R. 878. A bill to authorize the use of un- Standards for Vessels of the Armed Forces — O’ROURKE, Mr. MCCAUL, Mr. THOMAS approved medical products by patients diag- Phase II Batch One: Delay of Effective Date J. ROONEY of Florida, Mr. QUIGLEY, nosed with a terminal illness in accordance [EPA-HQ-OW-2013-0469; FRL-9959-30-OW] re- Mr. OLSON, Mr. GALLEGO, Mr. with State law, and for other purposes; to ceived February 3, 2017, pursuant to 5 U.S.C. DELANEY, Mr. GARAMENDI, Mr. the Committee on Energy and Commerce, 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 SABLAN, Mr. CURBELO of Florida, Ms. and in addition to the Committee on the Ju- Stat. 868); to the Committee on Transpor- SLAUGHTER, Mr. JONES, Mr. COOPER, diciary, for a period to be subsequently de- tation and Infrastructure. Mr. SESSIONS, Mr. DENHAM, Mr. termined by the Speaker, in each case for 516. A letter from the Acting Secretary of GIBBS, Mr. YOUNG of Alaska, Mr. consideration of such provisions as fall with- the Army, Department of Defense, transmit- CA´ RDENAS, Mr. VALADAO, Mr. KING of in the jurisdiction of the committee con- ting a copy of a memorandum, entitled New York, Mr. PAULSEN, Mrs. cerned. ‘‘Construction of the Dakota Access Pipe- RADEWAGEN, Mr. VELA, Ms. SHEA- By Mr. BILIRAKIS (for himself and Ms. line’’; jointly to the Committees on Trans- PORTER, Mr. SOTO, Ms. GABBARD, Mr. ESTY): H.R. 879. A bill to require the Government portation and Infrastructure, Natural Re- RYAN of Ohio, Mr. EMMER, Mr. GOOD- Accountability Office to conduct periodic resources, and Energy and Commerce. LATTE, Mr. SWALWELL of California, views of the flood insurance rates and flood f and Mr. KATKO): H.R. 874. A bill to amend title 38, United insurance rate maps under the national flood REPORTS OF COMMITTEES ON States Code, to ensure that certain veterans insurance program, and for other purposes; to the Committee on Financial Services. PUBLIC BILLS AND RESOLUTIONS receive in-patient psychiatric care provided by the Department of Veterans Affairs; to By Mr. BURGESS (for himself, Mr. Under clause 2 of rule XIII, reports of the Committee on Veterans’ Affairs. GENE GREEN of Texas, Mr. HUDSON, committees were delivered to the Clerk By Mr. NEWHOUSE: and Ms. CASTOR of Florida): for printing and reference to the proper H.R. 875. A bill to facilitate and streamline H.R. 880. A bill to amend the Public Health Service Act to facilitate assignment of mili- calendar, as follows: the Bureau of Reclamation process for creating or expanding water storage, rural tary trauma care providers to civilian trau- Mr. BYRNE: Committee on Rules. House water supply, and water recycling projects ma centers in order to maintain military Resolution 91. Resolution providing for con- trauma readiness and to support such cen- under Reclamation law, and for other pur- sideration of the joint resolution (H.J. Res. ters, and for other purposes; to the Com- poses; to the Committee on Natural Re- 44) disapproving the rule submitted by the mittee on Energy and Commerce. sources. Department of the Interior relating to Bu- By Mr. CROWLEY (for himself, Mr. By Mr. KATKO (for himself, Mr. reau of Land Management regulations that THOMAS J. ROONEY of Florida, Mrs. MCCAUL, Mr. ROGERS of Alabama, Mr. establish the procedures used to prepare, re- BLACKBURN, Ms. BROWNLEY of Cali- FITZPATRICK, Mr. HIGGINS of Lou- vise, or amend land use plans pursuant to the fornia, Ms. JUDY CHU of California, isiana, Mr. KING of New York, Mr. Federal Land Policy and Management Act of Mr. COHEN, Ms. ESHOO, Ms. EDDIE VELA, Mr. KEATING, and Mrs. WATSON 1976; providing for consideration of the joint BERNICE JOHNSON of Texas, Mr. LIPIN- COLEMAN): resolution (H.J. Res. 57) providing for con- H.R. 876. A bill to amend the Homeland Se- SKI, Mr. MCCAUL, Mr. NADLER, Ms. gressional disapproval under chapter 8 of curity Act of 2002 to reform programs of the SCHAKOWSKY, Mr. SHERMAN, Ms. title 5, United States Code, of the rule sub- Transportation Security Administration, SLAUGHTER, Mr. SMITH of Texas, Mr. mitted by the Department of Education re- and for other purposes; to the Committee on TIPTON, Ms. WASSERMAN SCHULTZ, lating to accountability and State plans Homeland Security. Mr. SCHIFF, Mr. FRANKS of Arizona, under the Elementary and Secondary Edu- By Mr. AMODEI (for himself, Mr. Mr. ISSA, Mr. DEUTCH, Mr. CONYERS, cation Act of 1965; and providing for consid- ABRAHAM, Mr. BURGESS, Mr. KILMER, Mr. MARINO, and Mr. COLLINS of Geor- eration of the joint resolution (H.J. Res. 58) Mr. BARLETTA, Mr. WEBSTER of Flor- gia): H.R. 881. A bill to amend title 17, United providing for congressional disapproval ida, Mr. DEFAZIO, Mr. BUCSHON, Mr. States Code, to provide for direct payment of under chapter 8 of title 5, United States THOMAS J. ROONEY of Florida, Mr. statutory sound recording performance roy- Code, of the rule submitted by the Depart- JONES, Miss RICE of New York, Ms. alties to record producers, and for other pur- ment of Education relating to teacher prepa- CLARK of Massachusetts, Ms. KUSTER poses; to the Committee on the Judiciary. ration issues (Rept. 115–9). of New Hampshire, Mr. HECK, Mrs. By Mr. CUELLAR (for himself, Mr. Referred to the House Calendar. BLACKBURN, Mr. HILL, Mr. KELLY of HURD, Mr. GENE GREEN of Texas, Mr. f Pennsylvania, Mr. LOBIONDO, Mrs. DOGGETT, Mr. GONZALEZ of Texas, Mr. BROOKS of Indiana, Mr. RENACCI, Mr. AL GREEN of Texas, Mr. O’ROURKE, PUBLIC BILLS AND RESOLUTIONS CRAMER, Mr. SEAN PATRICK MALONEY and Mr. VELA): Under clause 2 of rule XII, public of New York, Mr. BYRNE, Mr. ROUZER, H.R. 882. A bill to provide for a general bills and resolutions of the following Mr. LOUDERMILK, Mr. CARTWRIGHT, capital increase for the North American De- titles were introduced and severally re- Mr. MARINO, Mr. AUSTIN SCOTT of velopment Bank, and for other purposes; to ferred, as follows: Georgia, Mr. STEWART, Mr. POCAN, the Committee on Financial Services. Mr. FRANKS of Arizona, Mr. KIND, Mr. By Mr. DESANTIS: By Mr. SMITH of Missouri (for himself, CARTER of Texas, Mr. ROSS, Mr. KING H.R. 883. A bill to amend title 18, United Mr. LARSON of Connecticut, and Mr. of New York, Mr. WITTMAN, Mrs. States Code, to provide a certification proc- ROYCE of California): ROBY, Mr. PEARCE, and Mr. ess for the issuance of nondisclosure require- H.R. 871. A bill to amend the Internal Rev- WENSTRUP): ments accompanying certain administrative enue Code of 1986 to exempt premiums paid H.R. 877. A bill to direct the Secretary of subpoenas, to provide for judicial review of on non-cash-value property and casualty in- the Army to place in Arlington National such nondisclosure requirements, and for surance from the taxes to enforce reporting Cemetery a monument honoring the heli- other purposes; to the Committee on the Ju- on certain foreign accounts; to the Com- copter pilots and crewmembers who were diciary. mittee on Ways and Means. killed while serving on active duty in the By Mr. HILL: By Mr. TED LIEU of California (for Armed Forces during the Vietnam era, and H.R. 884. A bill to clarify that volunteers himself, Ms. JUDY CHU of California, for other purposes; to the Committee on Vet- at a children’s consignment event are not Mr. CUMMINGS, Ms. NORTON, Ms. erans’ Affairs, and in addition to the Com- employees under the Fair Labor Standards MOORE, and Ms. SLAUGHTER): mittee on Armed Services, for a period to be Act of 1938; to the Committee on Education H.R. 872. A bill to amend the Federal Food, subsequently determined by the Speaker, in and the Workforce. Drug, and Cosmetic Act to enhance medical each case for consideration of such provi- By Mr. SAM JOHNSON of Texas (for device communications and ensure device sions as fall within the jurisdiction of the himself and Mr. LARSON of Con- cleanliness; to the Committee on Energy and committee concerned. necticut): Commerce. By Mr. BIGGS (for himself, Mr. H.R. 885. A bill to extend the waiver of lim- By Mr. GALLAGHER (for himself and FITZPATRICK, Mr. CRAMER, Mr. itations with respect to excluding from gross Mr. MOULTON): GROTHMAN, Mr. MESSER, Mr. income amounts received by wrongfully in- H.R. 873. A bill to authorize the Global War PITTENGER, Mr. STEWART, Mr. LANCE, carcerated individuals; to the Committee on on Terror Memorial Foundation to establish Mr. OLSON, Mr. FRANKS of Arizona, Ways and Means.

VerDate Sep 11 2014 03:53 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\L06FE7.000 H06FEPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H1012 CONGRESSIONAL RECORD — HOUSE February 6, 2017 By Mr. JONES: a period to be subsequently determined by 13769 (82 Fed. Reg. 8977; relating to ‘‘Pro- H.R. 886. A bill to amend title 10, United the Speaker, in each case for consideration tecting the Nation From Foreign Terrorist States Code, to authorize the Secretary of of such provisions as fall within the jurisdic- Entry Into the United States’’); to the Com- Defense to permit dependents of retired tion of the committee concerned. mittee on the Judiciary. members of the Armed Forces who reside in By Mr. TIBERI (for himself, Mrs. f military housing to attend Department of BEATTY, Mr. KELLY of Pennsylvania, Defense elementary and secondary schools; Mr. RENACCI, Mr. STIVERS, and Mr. CONSTITUTIONAL AUTHORITY to the Committee on Armed Services. WENSTRUP): STATEMENT By Mr. JONES: H.R. 896. A bill to amend the Internal Rev- Pursuant to clause 7 of rule XII of H.R. 887. A bill to amend the Immigration enue Code of 1986 to exempt amounts paid for and Nationality Act to extend honorary citi- aircraft management services from the ex- the Rules of the House of Representa- zenship to otherwise qualified noncitizens cise taxes imposed on transportation by air; tives, the following statements are sub- who enlisted in the Philippines and died to the Committee on Ways and Means. mitted regarding the specific powers while serving on active duty with the United By Mr. ZELDIN (for himself, Mr. KING granted to Congress in the Constitu- States Armed Forces during certain periods of New York, Mr. SUOZZI, and Miss tion to enact the accompanying bill or of hostilities, and for other purposes; to the RICE of New York): joint resolution. Committee on the Judiciary. H.R. 897. A bill to authorize the Secretary By Mr. JONES: of Veterans Affairs to make grants to State By Mr. SMITH of Missouri: H.R. 888. A bill to amend title 38, United and local entities to carry out peer-to-peer H.R. 871. Congress has the power to enact this legis- States Code, to improve dependency and in- mental health programs; to the Committee lation pursuant to the following: demnity compensation for survivors of cer- on Veterans’ Affairs. Article I, Section 8, clause 1 provides Con- tain totally disabled veterans; to the Com- By Mr. SCHRADER: gress with the power to ‘‘lay and collect mittee on Veterans’ Affairs. H.J. Res. 64. A joint resolution proposing Taxes, Duties, Imposts and Excises.’’ By Mrs. CAROLYN B. MALONEY of an amendment to the Constitution of the By Mr. TED LIEU of California: New York (for herself and Mr. POE of United States giving Congress power to regu- H.R. 872. late campaign contributions for Federal Texas): Congress has the power to enact this legis- H.R. 889. A bill to provide for the establish- elections; to the Committee on the Judici- lation pursuant to the following: ment of an office within the Internal Rev- ary. Pursuant to Article 1, Section 8. enue Service to focus on violations of the in- By Mr. ZELDIN (for himself, Mr. SMITH By Mr. GALLAGHER: ternal revenue laws by persons who are of New Jersey, Mr. ENGEL, and Ms. H.R. 873. under investigation for conduct relating to MENG): Congress has the power to enact this legis- the promotion of commercial sex acts and H. Con. Res. 20. Concurrent resolution ex- lation pursuant to the following: trafficking in persons crimes, and to in- pressing the sense of the House of Represent- This bill is enacted pursuant to the power crease the criminal monetary penalty limi- atives regarding the execution-style murders granted to Congress under Article 1, Section tations for the underpayment or overpay- of United States citizens Ylli, Agron, and 8, Clause 1 of the United States Constitution. ment of tax due to fraud; to the Committee Mehmet Bytyqi in the Republic of Serbia in By Mr. LOEBSACK: on Ways and Means, and in addition to the July 1999; to the Committee on Foreign Af- H.R. 874. Committee on the Judiciary, for a period to fairs. Congress has the power to enact this legis- be subsequently determined by the Speaker, By Mr. ENGEL (for himself, Mr. ISSA, lation pursuant to the following: in each case for consideration of such provi- Mr. SHERMAN, Mr. KEATING, Mrs. The constitutional authority of Congress sions as fall within the jurisdiction of the NAPOLITANO, Ms. GABBARD, Mr. to enact this legislation provided by Article committee concerned. DEUTCH, Mr. BERA, Mr. TED LIEU of 1, Section 8 of the United States Constitu- By Mr. MARINO (for himself, Ms. JUDY California, Mr. CASTRO of Texas, Ms. tion. CHU of California, and Mrs. COM- KELLY of Illinois, Mr. SUOZZI, Mr. By Mr. NEWHOUSE: STOCK): MEEKS, Mrs. TORRES, Mr. SIRES, Mr. H.R. 875. H.R. 890. A bill to establish the United BRENDAN F. BOYLE of Pennsylvania, Congress has the power to enact this legis- States Copyright Office as an agency in the Ms. SPEIER, Mr. CONNOLLY, Ms. lation pursuant to the following: legislative branch, and for other purposes; to HANABUSA, Ms. BORDALLO, Mr. HAS- Article I, Section 8, Clause 18 of the United the Committee on the Judiciary. TINGS, Mr. EVANS, Mr. SMITH of Wash- States Constitution By Mr. MEADOWS (for himself and Mr. ington, Mr. ESPAILLAT, Mr. COURT- By Mr. KATKO: FARENTHOLD): NEY, Mr. CROWLEY, Mr. HIMES, Mr. H.R. 876. H.R. 891. A bill to amend title 49, United SCHNEIDER, Ms. TITUS, Mr. COHEN, Congress has the power to enact this legis- States Code, with respect to employee pro- and Mr. MCGOVERN): lation pursuant to the following: tective arrangements, and for other pur- H. Con. Res. 21. Concurrent resolution re- Article 1, Section 8, Clause 18—To make all poses; to the Committee on Transportation affirming a strong commitment to the Laws which shall be necessary and proper for and Infrastructure. United States-Australia alliance relation- carrying into Execution the foregoing Pow- By Ms. MENG: ship; to the Committee on Foreign Affairs. ers, and all other Powers vested by this Con- H.R. 892. A bill to adjust the amount of By Mr. WILSON of South Carolina (for stitution in the Government of the United monthly old-age, survivors, and disability in- himself, Mr. ROGERS of Alabama, Mr. States or in any Department or Officer surance payments under title II of the Social MOULTON, Mr. YOHO, and Mr. SHER- thereof. Security Act based on locality-based com- MAN): By Mr. AMODEI: parability payment rates; to the Committee H. Res. 92. A resolution condemning North H.R. 877. on Ways and Means. Korea’s development of multiple interconti- Congress has the power to enact this legis- By Ms. MENG: nental ballistic missiles, and for other pur- lation pursuant to the following: H.R. 893. A bill to protect, improve, and poses; to the Committee on Foreign Affairs, The constitutional authority of Congress modernize the act of voting; to the Com- and in addition to the Committee on Armed to enact this legislation is provided by Arti- mittee on House Administration, and in ad- Services, for a period to be subsequently de- cle I, Section 8 of the United States Con- dition to the Committee on Rules, for a pe- termined by the Speaker, in each case for stitution, specifically clause 1 (relating to riod to be subsequently determined by the consideration of such provisions as fall with- providing for the general welfare of the Speaker, in each case for consideration of in the jurisdiction of the committee con- United States) and clause 18 (relating to the such provisions as fall within the jurisdic- cerned. power to make all laws necessary and proper tion of the committee concerned. By Mr. BISHOP of Utah (for himself for carrying out the powers vested in Con- By Mr. PAULSEN: and Mr. GRIJALVA): gress), and Article IV, Section 3, Clause 2 (re- H.R. 894. A bill to amend the Internal Rev- H. Res. 93. A resolution providing amounts lating to the power of Congress to dispose of enue Code of 1986 to exclude from gross infor the expenses of the Committee on Nat- and make all needful rules and regulations come certain interest and money market ural Resources in the One Hundred Fifteenth respecting the territory or other property fund dividend income payments to charity Congress; to the Committee on House Ad- belonging to the United States). and to modify the requirements relating to ministration. By Mr. BIGGS: the reporting of such payments; to the Com- By Ms. CLARKE of New York (for her- H.R. 878. mittee on Ways and Means. self, Mr. RASKIN, Ms. JAYAPAL, Mr. Congress has the power to enact this legis- By Mr. ROKITA (for himself, Mr. TED LIEU of California, Mr. VARGAS, lation pursuant to the following: MESSER, and Mr. FRANKS of Arizona): Mr. GRIJALVA, Ms. LOFGREN, Mr. Article I, Section 8 H.R. 895. A bill to amend the Internal Rev- SOTO, Ms. VELA´ ZQUEZ, Mr. COHEN, Mr. By Mr. BILIRAKIS: enue Code of 1986 to allow a credit against CONYERS, Ms. SPEIER, Ms. MCCOLLUM, H.R. 879. tax for qualified elementary and secondary and Ms. BASS): Congress has the power to enact this legis- education tuition; to the Committee on H. Res. 94. A resolution commending Sally lation pursuant to the following: Ways and Means, and in addition to the Com- Quillian Yates for refusing to enforce Donald This bill is enacted pursuant to Article I, mittee on Education and the Workforce, for Trump’s discriminatory Executive Order Section 8, Clause 1 of the Constitution of the

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United States and Article I, Section 8, nizing, arming, and disciplining the militia; H.R. 233: Mr. LOBIONDO and Mr. KIND. Clause 18 of the Constitution of the United and to make all laws which shall be nec- H.R. 275: Mr. THOMPSON of Pennsylvania States. essary and proper for carrying into execution and Mr. SHUSTER. By Mr. BURGESS: the foregoing powers. H.R. 299: Mr. BERGMAN, Mr. GAETZ, Mr. H.R. 880. By Mrs. CAROLYN B. MALONEY of GALLAGHER, Mr. RENACCI, Mr. SMITH of New Congress has the power to enact this legis- New York: Jersey, Mr. SARBANES, Mr. WEBER of Texas, lation pursuant to the following: H.R. 889. Mr. KILMER, Mr. FOSTER, Ms. EDDIE BERNICE Article One, Section Eight, Clause One ‘‘To Congress has the power to enact this legis- JOHNSON of Texas, Ms. DEGETTE, Ms. lay and collect Taxes, Duties, Imposts and lation pursuant to the following: HANABUSA, Mr. BRIDENSTINE, Mr. VEASEY, Excises, to pay the Debts and provide for the Article I, Section 8 of the United States Mr. CASTRO of Texas, and Mrs. LOVE. common Defence and general Welfare of the Constitution which provides Congress with H.R. 332: Mr. LOEBSACK, Mr. PALLONE, Mr. United States’’ the power to lay and collect taxes and regu- CAPUANO, and Mr. CONNOLLY. Article One, Section Eight, Clause Three late commerce among the several states. H.R. 334: Mr. POCAN, Mr. PALLONE, and Mr. ‘‘To regulate Commerce with foreign Na- By Mr. MARINO: CAPUANO. tions, and among the several States, and H.R. 890. H.R. 350: Mr. WOMACK. with the Indian Tribes’’ Congress has the power to enact this legis- H.R. 358: Mr. LAMALFA. By Mr. CROWLEY: lation pursuant to the following: H.R. 367: Mr. MITCHELL, Mr. MAST, Mr. SAM H.R. 881. Article I, Section 8, Clause 8: To promote JOHNSON of Texas, Mr. RENACCI, Mr. JOHNSON Congress has the power to enact this legis- the Progress of Science and useful Arts, by of Ohio, Mr. COLLINS of Georgia, Mr. COMER, lation pursuant to the following: security for limited Times to Authors and Mr. JORDAN, and Mr. HIGGINS of Louisiana. Article 1, Section 8, Clause 3: ‘‘The Con- Inventors the exclusive Right to their re- H.R. 369: Mr. MCCLINTOCK. H.R. 387: Ms. HERRERA BEUTLER, Mr. gress shall have Power [. . .] To regulate spective Writings and Discoveries. ROUZER, Mr. GRAVES of Missouri, Mr. LIPIN- Commerce with foreign Nations, and among By Mr. MEADOWS: SKI, Mr. JORDAN, Mr. NEWHOUSE, Mr. LAB- the several States . . .’’ H.R. 891. RADOR, Mr. BABIN, Mr. THOMAS J. ROONEY of By Mr. CUELLAR: Congress has the power to enact this legis- Florida, Ms. GRANGER, Ms. JENKINS of Kan- H.R. 882. lation pursuant to the following: sas, Mr. GRIJALVA, Mr. ELLISON, Mr. LANCE, Congress has the power to enact this legis- Article I, Section 8, Clause 3 ‘‘The Con- Mr. MEADOWS, Mrs. ROBY, Ms. SINEMA, Mr. lation pursuant to the following: gress shall have the power To . . . regulate PAYNE, Mr. HILL, Mr. TIPTON, Mr. ZELDIN, Clause 3 of Section 8 of Article 1 of the Commerce . . . among the several States Mr. SWALWELL of California, Mr. GUTHRIE, Constitution. . . .’’ Ms. LEE, Ms. MCSALLY, Mr. WALBERG, Mr. By Mr. DESANTIS: By Ms. MENG: SCALISE, Mr. RICHMOND, Ms. JACKSON LEE, H.R. 883. H.R. 892. and Mr. WOODALL. Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 392: Mr. VEASEY, Mr. NEWHOUSE, Miss lation pursuant to the following: lation pursuant to the following: RICE of New York, Mrs. WATSON COLEMAN, Article 1, Section 8 of the United States Article 1, Section 8 of the U.S. Constitu- Mr. MCGOVERN, Mr. SMITH of Washington, Constitution. Specifically, Clause 1 (relating tion. Ms. JAYAPAL, Mr. POE of Texas, Ms. JACKSON to providing for the general welfare of the By Ms. MENG: LEE, and Mrs. NAPOLITANO. United States) and Clause 18 (relating to the H.R. 893. H.R. 394: Mr. ROE of Tennessee and Mr. power to make all laws necessary and proper Congress has the power to enact this legis- ROTHFUS. for carrying out the powers vested in Con- lation pursuant to the following: H.R. 400: Mr. LOUDERMILK and Mr. gress) Article I, Section 8 of the U.S. Constitu- By Mr. HILL: FITZPATRICK. tion H.R. 406: Ms. SHEA-PORTER. H.R. 884. By Mr. PAULSEN: Congress has the power to enact this legis- H.R. 421: Mr. YOUNG of Iowa. H.R. 894. H.R. 422: Mr. GOODLATTE. lation pursuant to the following: Congress has the power to enact this legis- Article I, Section 8, Clause 3 H.R. 428: Mr. RATCLIFFE. lation pursuant to the following: By Mr. SAM JOHNSON of Texas: H.R. 439: Mr. AGUILAR. Article I, Section 8, Clause 1 of the United H.R. 885. H.R. 468: Mr. HUFFMAN. States Constitution. Congress has the power to enact this legis- H.R. 476: Ms. MICHELLE LUJAN GRISHAM of By Mr. ROKITA: lation pursuant to the following: New Mexico and Mr. SENSENBRENNER. H.R. 895. Article I, Section 8, Clause 1 H.R. 490: Mr. BRIDENSTINE and Mr. MAR- Congress has the power to enact this legis- By Mr. JONES: SHALL. lation pursuant to the following: H.R. 886. H.R. 512: Mr. GARRETT. Congress has the power to enact this legis- Article I, Section VIII, Clause I: The Con- H.R. 525: Mr. GARRETT. H.R. 539: Mr. BARR. lation pursuant to the following: gress shall have Power to lay and collect H.R. 553: Mr. BABIN. This bill is enacted pursuant to the power taxes, duties, imposts and excises, to pay the H.R. 559: Mr. GAETZ, Mr. COFFMAN, and Mr. granted to Congress under Article 1, section debts and provide for the common defense BRAT. 8 of the United States Constitution (clauses and general welfare of the United States. H.R. 592: Mr. KILMER, Mr. AGUILAR, Mr. 12, 13, 14, 16 and 18), which grants Congress By Mr. TIBERI: VALADAO, Mr. DOGGETT, Mr. DENHAM, and the power to raise and support an Army; to H.R. 896. Mr. SMITH of Missouri. provide and maintain a Navy; to make rules Congress has the power to enact this legis- H.R. 630: Ms. MOORE. for the government and regulation of the lation pursuant to the following: H.R. 632: Mr. THOMPSON of California, Mr. land and naval forces; to provide for orga- Clause 1 of Section 8 or Article I ELLISON, Ms. KAPTUR, Mr. WELCH, and Mr. nizing, arming, and disciplining the militia; By Mr. ZELDIN: BERGMAN. and to make all laws which shall be nec- H.R. 897. Congress has the power to enact this legis- H.R. 637: Mr. NEWHOUSE and Mr. HARPER. essary and proper for carrying into execution H.R. 662: Mr. ROE of Tennessee. the foregoing powers. lation pursuant to the following: Article 1, Section 8 of the United States H.R. 692: Mr. COLLINS of New York, Mr. By Mr. JONES: GAETZ, and Mr. GRAVES of Georgia. H.R. 887. Constitution. By Mr. SCHRADER: H.R. 694: Mr. NEWHOUSE. Congress has the power to enact this legis- H.R. 696: Ms. SLAUGHTER, Mr. SIRES, Mr. lation pursuant to the following: H.J. Res. 64. Congress has the power to enact this legis- RASKIN, and Mr. LOWENTHAL. Article I, section 8 of the United States H.R. 712: Mr. THOMPSON of California. lation pursuant to the following: Constitution gives Congress the authority to H.R. 713: Mr. THOMPSON of California. This joint resolution is enacted pursuant ‘‘establish an uniform rule of naturaliza- H.R. 724: Mr. LAWSON of Florida. to the power granted to Congress under Arti- tion’’ and to ‘‘make rules for the government H.R. 732: Mr. ABRAHAM, Mr. GOSAR, and Mr. cle V of the United States Constitution. and regulation of the land and naval forces’’. DUFFY. By Mr. JONES: f H.R. 747: Mr. MEEHAN, Ms. NORTON, and Mr. H.R. 888. CRAMER. Congress has the power to enact this legis- ADDITIONAL SPONSORS H.R. 757: Ms. NORTON, Mr. BRENDAN F. lation pursuant to the following: Under clause 7 of rule XII, sponsors BOYLE of Pennsylvania, Mr. BEYER, Mr. This bill is enacted pursuant to the power were added to public bills and resolu- LYNCH, Mr. NORCROSS, Mr. CUMMINGS, Mr. granted to Congress under Article 1, section MCEACHIN, and Mr. SARBANES. 8 of the United States Constitution (clauses tions, as follows: H.R. 769: Mr. WEBER of Texas, Mr. GOSAR, 12, 13, 14, 16 and 18), which grants Congress H.R. 60: Mrs. BROOKS of Indiana and Mr. Mr. MOONEY of West Virginia, Mr. KUSTOFF the power to raise and support an Army; to BACON. of Tennessee, and Mr. DIAZ-BALART. provide and maintain a Navy; to make rules H.R. 112: Mr. WEBSTER of Florida. H.R. 771: Mr. LEVIN. for the government and regulation of the H.R. 140: Mr. WOMACK. H.R. 772: Mr. AGUILAR, Mr. HOLDING, and land and naval forces; to provide for orga- H.R. 176: Mr. ROHRABACHER. Mr. ROKITA.

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H.R. 777: Mr. DEFAZIO. H.R. 869: Mr. SABLAN and Mr. TAKANO. H. Res. 38: Mr. BYRNE. H.R. 781: Mr. MURPHY of Pennsylvania, Mr. H.J. Res. 6: Mr. THOMAS J. ROONEY of Flor- H. Res. 60: Mr. KING of Iowa and Mr. ISSA. JOHNSON of Louisiana, Mr. BANKS of Indiana, ida and Mr. DAVIDSON. H. Res. 78: Ms. LOFGREN, Mr. DEFAZIO, Mr. Mr. MASSIE, Mr. DUNCAN of South Carolina, H.J. Res. 27: Mr. MARINO, Mr. WITTMAN, Mr. MCNERNEY, Mr. MOULTON, and Mr. LANGEVIN. Mr. PITTENGER, Mr. ROGERS of Alabama, Mr. MARSHALL, Mr. OLSON, Mr. DUFFY, Mr. H. Res. 85: Mr. MCGOVERN. PALMER, Mr. RENACCI, Mr. BYRNE, and Mr. LAUDERMILK, Mr. SCHWEIKERT, Mr. GOHMERT, H. Res. 90: Ms. SCHAKOWSKY. GAETZ. and Mr. BYRNE. H.J. Res. 42: Mr. JODY B. HICE of Georgia, H.R. 782: Mrs. WAGNER, Mr. ROUZER, Mr. f PITTENGER, and Mrs. COMSTOCK. Mr. GROTHMAN, Mr. YOHO, Mr. ALLEN, and H.R. 785: Mr. GOHMERT, Mr. BARR, Mr. Mr. DUFFY. BUCSHON, and Mr. GOODLATTE. H.J. Res. 43: Mr. CALVERT, Mr. CHAFFETZ, CONGRESSIONAL EARMARKS, LIM- H.R. 787: Ms. SCHAKOWSKY, Mr. SWALWELL Mr. ROGERS of Alabama, Mr. AUSTIN SCOTT of ITED TAX BENEFITS, OR LIM- of California, Mrs. BEATTY, Mr. JEFFRIES, Georgia, Mr. HARPER, Mr. DAVIDSON, Mr. ITED TARIFF BENEFITS WESTERMAN, Mr. TURNER, and Mr. GUTHRIE. Mr. CARSON of Indiana, and Mr. RASKIN. Under clause 9 of rule XXI, lists or H.R. 789: Mr. DUNN, Ms. CHENEY, and Mr. H.J. Res. 44: Mr. LABRADOR. UFFMAN ORTON BRAT. H.J. Res. 48: Mr. H and Ms. N . statements on congressional earmarks, H.J. Res. 53: Mr. RASKIN. H.R. 793: Mr. GALLEGO and Mrs. BUSTOS. limited tax benefits, or limited tariff H.J. Res. 57: Mr. GROTHMAN, Mr. MITCHELL, H.R. 804: Mr. ENGEL, Mr. PAYNE, Mr. benefits were submitted as follows: Mr. YOHO, Mr. ALLEN, Mr. BIGGS, Mr. THOMP- GOTTHEIMER, Mr. HASTINGS, Ms. SLAUGHTER, OFFERED BY MR. BISHOP OF UTAH SON of Pennsylvania, Ms. STEFANIK, Mr. FER- Mr. SCHIFF, Mr. LYNCH, Mrs. WATSON COLE- GUSON, and Mr. BUDD. The provisions in H.R. 428 that warranted a MAN, Mr. DESAULNIER, Mr. HECK, and Mr. H.J. Res. 58: Mr. MITCHELL, Mr. YOHO, Ms. referral to the Committee on Natural Re- ESPAILLAT. JENKINS of Kansas, Mr. ALLEN, Mr. BIGGS, sources do not contain any congressional H.R. 816: Mr. GRIJALVA and Mr. BLU- Mr. THOMPSON of Pennsylvania, Ms. earmarks, limited tax benefits, or limited MENAUER. STEFANIK, and Mr. FERGUSON. tariff benefits as defined in clause 9 of rule H.R. 820: Mr. CICILLINE, Mr. MEEHAN, Mr. H.J. Res. 59: Mr. THOMAS J. ROONEY of XXI of the Rules of the House of Representa- WENSTRUP, Miss RICE of New York, Mr. Florida. tives. PITTENGER, Mr. FOSTER, Mr. FARENTHOLD, H.J. Res. 62: Mr. ROSS. OFFERED BY MR. BISHOP OF UTAH Mr. GARAMENDI, Mr. WITTMAN, Mr. LANCE, H.J. Res. 63: Mr. CURBELO of Florida. Mrs. BLACKBURN, Mr. HURD, Ms. SINEMA, Mr. H. Con. Res. 8: Mr. FASO. The provisions in H.J. Res. 44 that war- PASCRELL, Ms. PINGREE, Mr. KNIGHT, Mr. H. Con. Res. 13: Mr. WENSTRUP, Mr. LAM- ranted a referral to the Committee on Nat- RODNEY DAVIS of Illinois, and Mr. DUNCAN of BORN, Mr. CARTER of Georgia, and Mr. ural Resources do not contain any congres- Tennessee. NEWHOUSE. sional earmarks, limited tax benefits, or lim- H.R. 821: Mrs. WATSON COLEMAN, Mrs. H. Res. 15: Ms. KAPTUR, Ms. BONAMICI, Ms. ited tariff benefits as defined in clause 9 of BEATTY, Mr. CICILLINE, Ms. BONAMICI, Ms. PINGREE, Ms. MATSUI, Mr. COSTA, Mr. RUSH, rule XXI of the Rules of the House of Rep- FRANKEL of Florida, Mr. THOMPSON of Cali- Mr. REED, Mr. GRIFFITH, Mr. BEN RAY LUJA´ N resentatives. fornia, Ms. DELBENE, Ms. KAPTUR, Ms. BASS, of New Mexico, Mr. PASCRELL, Mr. WEBSTER OFFERED BY MS. FOXX Mr. BEYER, Mr. CLYBURN, Mr. COHEN, Mr. MI- of Florida, and Mr. LOWENTHAL. The provisions warranting a referral to the CHAEL F. DOYLE of Pennsylvania, Mr. CUM- H. Res. 28: Ms. SHEA-PORTER, Mr. Committee on Education and the Workforce MINGS, and Mr. COURTNEY. ESPAILLAT, Mr. PETERS, and Mr. LOWENTHAL. in H.J. Res. 57 do not contain any congres- H.R. 831: Mr. HURD. H. Res. 30: Mr. BRENDAN F. BOYLE of Penn- sional earmarks, limited tax benefits, or lim- H.R. 841: Mr. GUTIE´ RREZ. sylvania, Mr. LIPINSKI, Mrs. DAVIS of Cali- ited tariff benefits as defined in clause 9 of H.R. 842: Mr. AMASH. fornia, and Ms. WASSERMAN SCHULTZ. rule XXI. H.R. 850: Mr. BANKS of Indiana and Mr. H. Res. 31: Mr. LOWENTHAL, Mr. BEN RAY FERGUSON. LUJA´ N of New Mexico, Mr. GRIFFITH, Ms. OFFERED BY MS. FOXX H.R. 852: Ms. HANABUSA, Mr. LAWSON of MATSUI, Mr. SWALWELL of California, Mr. The provisions warranting a referral to the Florida, Mr. SCHNEIDER, Mr. PANETTA, and SCOTT of Virginia, Ms. JUDY CHU of Cali- Committee on Education and the Workforce Mr. HUFFMAN. fornia, Ms. PINGREE, Ms. TITUS, Mr. PETERS, in H.J. Res. 58 do not contain any congres- H.R. 860: Mrs. BLACKBURN. Ms. BONAMICI, Mr. PRICE of North Carolina, sional earmarks, limited tax benefits, or lim- H.R. 866: Mr. GUTIE´ RREZ. Mr. CARSON of Indiana, Mr. GOODLATTE, and ited tariff benefits as defined in clause 9 of H.R. 868: Mr. SABLAN and Mr. TAKANO. Mr. BISHOP of Michigan. rule XXI.

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Vol. 163 WASHINGTON, MONDAY, FEBRUARY 6, 2017 No. 20 Senate The Senate met at 12 noon and was leaders permitted to speak therein for dent and treating many of these things called to order by the President pro up to 15 minutes. as if they are normal, but America tempore (Mr. HATCH). f knows they are not. We need Repub- licans to start recognizing it, saying it, f CONCLUSION OF MORNING and stepping up to the plate to do BUSINESS PRAYER something about it. The Chaplain, Dr. Barry C. Black, of- The PRESIDING OFFICER. Morning I understand my Republican col- fered the following prayer: business is closed. leagues will go along with the Presi- Let us pray. f dent 90 percent of the time, but there Gracious God of infinite goodness, EXECUTIVE SESSION are certain issues that are too impor- confirm Your past mercies to us by em- tant that demand putting country powering us to be faithful to Your com- above party. Now is the time to put mands. Help our lawmakers this day to EXECUTIVE CALENDAR country above party. First, on the Cabinet, our norms of use their understanding, affections, The PRESIDING OFFICER. Under good government and above all ethics health, time, and talents to do what the previous order, the Senate will pro- are being tested by a Cabinet unlike You desire. May they desire to please ceed to executive session to resume any other I have seen in my time in You with faithful service as You rule consideration of the nomination of public office. There are so many bil- their hearts without a rival, guiding Elisabeth Prince DeVos to be Secretary lionaires with so many conflicts of in- their thoughts, words, and works. of Education, which the clerk will re- terest and so little expertise in the Lord, enable them to fulfill their port. issues they would oversee. duty to love You with all their heart, The senior assistant legislative clerk Take the nomination we are now con- mind, soul, and strength. Take posses- read the nomination of Elisabeth sidering: Betsy DeVos for Education sion of their hearts, and order their Prince DeVos, of Michigan, to be Sec- Secretary. In my mind she is the least steps by the power of Your loving prov- retary of Education. idence. Pour down Your blessings upon qualified nominee in a historically un- RECOGNITION OF THE MINORITY LEADER our Senators that they may ever pro- qualified Cabinet. On conflicts of inter- mote liberty and justice for all. The PRESIDING OFFICER. The est, she ranks among the worst. In her We pray in Your sacred Name. Amen. Democratic leader is recognized. ethics agreement, which was delivered THE CABINET to the committee after the first hear- f Mr. SCHUMER. Madam President, I ing, it was revealed that she keeps in- PLEDGE OF ALLEGIANCE rise this morning to speak directly to terests in three family-owned trusts The President pro tempore led the my friends on the other side of the that have holdings in companies that Pledge of Allegiance, as follows: aisle. could be affected by matters related to I pledge allegiance to the Flag of the Now is the time to put country be- the Department of Education. Inde- United States of America, and to the Repub- fore party. I understand the pull of pendent ethics watchdogs have criti- lic for which it stands, one nation under God, party loyalty. I understand deference cized her ethics agreement for failing indivisible, with liberty and justice for all. to a new President. But from what we to deal with these conflicts of interest. f have seen in the first 2 weeks of this On philosophy of education, her administration, party loyalty is de- views are extreme. She seems to con- RESERVATION OF LEADER TIME manding too much of my Republican stantly demean the main purpose of The PRESIDING OFFICER (Mrs. colleagues on several issues. On the her job—public education. Nine out of FISCHER). Under the previous order, the matter of the Cabinet, on the matter of 10 American kids attend public schools. leadership time is reserved. the President’s Executive order on im- Her views on public education are a f migration, and on the matter of deal- major concern, particularly for Sen- ing with Russia, we need Republicans ators from rural areas. There is not a LEGISLATIVE SESSION to set aside partisan considerations in lot of choice of schools outside major favor of doing what is best for the metropolitan areas. If you don’t have a country; otherwise, our institutions of good public school in your neighbor- MORNING BUSINESS government, our Constitution, and our hood or in your community, you have The PRESIDING OFFICER. Under core American ideals may be eroded. nothing. Any Senator from a rural the previous order, the Senate will be My friends on the other side of the State should be worried about her com- in a period of morning business, with aisle are going along with the Presi- mitment to public education.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S685

VerDate Sep 11 2014 23:34 Feb 06, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.000 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S686 CONGRESSIONAL RECORD — SENATE February 6, 2017 We in New York have the third larg- TRAVEL BAN order. Lord knows how he came to it. est rural population in America. I am Madam President, second, the Presi- Every expert on terrorism will say worried for those schools where, if the dent’s Executive order on immigration there are a lot more important and bet- school is no good, you don’t have much and refugees is so poorly constructed, ter things that we need to do. choice; you don’t have any choice. so haphazardly implemented, so con- So let me repeat: The stakes are too Above all, and on basic competence, stitutionally dubious, so wrong in high for party loyalty to stand in the Mrs. DeVos has failed to make the terms of what America is all about, way of doing what is right to protect grade. She didn’t seem to know about and so contrary to our basic values as this country. We ought to scrap the the Federal education law that guaran- Americans that my Republican friends order and start over. The order not tees education to students with disabil- should feel a duty to country to help us only does not protect us from ter- ities. She could not unequivocally say rescind it. Several Members on the rorism but makes it worse. It stands in that guns shouldn’t be in the schools, other side—I think it is over a dozen— the face of what America is all about. and she didn’t seem to know about a have expressed concerns about it. Sev- Our country has welcomed immigrants, long simmering debate in education eral spoke out strongly and unequivo- and the beautiful lady with the torch policy about measuring growth versus cally about imposing any type of ban in the harbor of the city in which I live proficiency. Frankly, Mrs. DeVos’s an- during the campaign, but now that we has beckoned us for generations. swers at the hearings were embar- have such a ban, they are unfortu- RUSSIA rassing, not only for her but for my Re- nately silent. It is time for that silence Finally, Madam President, I ask my publican colleagues on the committee to end and for Republicans to step up Republican colleagues to put country who rushed her nomination through to the plate and start backing up their over party when it comes to Russia. with 5 minutes of questions, only one words with actions. This administration has shown a dis- round, and at 5 p.m. On Friday, the order was temporarily quieting reluctance to criticize Russia Cabinet Secretaries can’t be expected blocked by a Federal judge, Judge when it flouts international norms and to know everything, but this is dif- Robart. On Saturday, the President laws. The administration seems hesi- ferent. The nominee for Secretary of questioned his court credibility via tant to enforce new sanctions and has Education doesn’t know some of the tweet and then asked the country to even hinted at relaxing existing sanc- most basic facts about education pol- blame any potential attacks on the tions at what has always been our most icy. She has failed to show proficiency, country on the judge and the courts. and there is no longer any time for formidable enemy along with ISIS: He is not a ‘‘so-called’’ judge as the growth. Russia and Putin. The American people are speaking in President tweeted but rather a Senate- Unbelievably, just yesterday the one loud voice against this nominee. I confirmed Bush appointee. That is not President insinuated that the Russian have had many people come up to me how we do things here in America. and American Governments were some- There is a separation of powers for a in New York and say: I voted for Don- how morally equivalent. When asked reason. An independent judiciary is ab- ald Trump, but I am making calls about Putin’s authoritarian regime, solutely necessary to ensure Presidents about this nominee. Americans across President Trump responded: ‘‘There are the country in red and blue States have and Congresses do not break the law or a lot of killers. You think our country been flooding our offices with phone impinge on the Constitution, but this is so innocent?’’ Can you imagine if a calls and emails, asking the Senate to President has shown a certain callous- Democrat had said that? Every one of vote no on Betsy DeVos. Local news- ness when it comes to judges who rule these seats would be filled with people paper editorial boards, many of whom against his whim—Judge Curiel during decrying that kind of moral equiva- have endorsed Trump, are saying the the campaign and Judge Robart now. lence. same thing. Instead of attacking the judge, the Russia, a dictatorship where Putin My friends, the Senators from Maine President should be working with Con- kills his enemies, imprisons the press, and Alaska, were profiles in courage gress to tighten up security where it is and causes trouble anywhere he can in last week when they announced their actually needed. the world is morally equivalent to this opposition to her nomination, but, un- The President has said that if there great land? Come on. Where are you? fortunately, so far they are the excep- are attacks, the judge will be to blame. You know if the Democrats had said tion. We need just one more vote, and I will remind him that not one attack that you would be howling at the we can get a Secretary of Education on U.S. soil has been perpetrated by a moon, and rightfully so. But here, I who is a lot better than the one who refugee from one of the seven countries don’t hear much. was nominated. I ask my colleagues on in the Executive order. This order Vladimir Putin has little or no re- the other side of the aisle to follow the doesn’t make us any safer; if anything, spect for the diversity of his people, for courageous example of the Senators the Executive order increases the risk freedom of religion and expression, for from Maine and Alaska. We have an ob- of lone wolf attacks, our greatest a free press, for free and fair elections ligation as Senators—not as Repub- threat. That is what happened in San in Russia—and America, it seems—and licans and not as Democrats, but as Bernardino, it is what happened in Or- he has demonstrated on more than one Senators—to evaluate these nominees lando, and no authority less than Sen- occasion that he will go to any length and their fitness for office because ator JOHN MCCAIN has said exactly to silence political dissidents, includ- these nominees are going to wield im- that—that it will increase the likeli- ing murdering them. I would ask Presi- mense power over the lives of Ameri- hood of attacks by lone wolves, those dent Trump: Does that sound like cans for the next 4 years. I ask my Re- disaffected people who are egged on by America? Maybe in President Trump’s publican colleagues to look into their the evil ISIS. mind it does, but it sure doesn’t to conscience and cast their votes tomor- So I make this offer to my friends on most of America—just about every row, not based on party loyalty but the other side of the aisle: Join Demo- American. It is not the America that based on whether or not Mrs. DeVos is crats in rescinding the Executive order, this body represents. qualified to be our Nation’s leader on and we will work with you in a bipar- As I said, my Republican colleagues education policy. If one doesn’t meas- tisan way in good faith to actually ought to be aghast. I don’t think any- ure up, the Senate has a responsibility make our country safer. Close up that one from the other side would associate to reject the nomination. visa waiver program where people from himself or herself with those com- I realize it rarely occurs, but this countries—just because they are gen- ments. I am encouraged that the Re- should be an exception because she is erally friendly to us—are not checked. publican leader and other Senate Re- so uniquely unqualified, whether it We know places such as France and publicans have criticized the President comes to competence, whether it Belgium have homegrown terrorists for those dangerous remarks, but what comes to philosophy against the public lured by ISIS. They can get on a plane worries me most is the policy. Russia schools, or whether it comes to con- and come here far more easily than a is a persistent and strategic threat to flicts of interest, which still exist in refugee from those seven countries. this Nation. Will this administration far too many instances with Mrs. Let’s tighten that up. Instead, the cozy up to Putin and his oligarchs and DeVos. President gives us this Executive relax sanctions? Will they look the

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Double down on stroy public schools has been nomi- all have come across people like that. your advocacy, keep making your nated to lead the Federal Agency dedi- President Trump’s rhetoric is ceding voices heard for these last 24 hours. cated to public education, they start to more of the battlespace to our enemies Over the past 3 weeks, I have heard a pay some attention. each day. So what we must do in this number of Republicans wonder why In a Senate hearing, when they see body is ensure that current sanctions Democrats and so many parents and that person so clearly lack any of the stay in place and are robustly enforced. teachers across the country were so fo- issues, when they see her unable to ex- We also need to increase sanctions on cused on this nomination in this mo- plain basic concepts in education pol- Russia for its interference with our ment. President Trump has done so icy, unwilling to make basic commit- election. We ask our colleagues to step much in these first few weeks, and so ments to not privatizing or defunding up to the plate, do what they know is many of his people he has nominated to our public schools, confused about the right, and join us in making sure that run critical agencies have not been need for Federal protections for stu- the President cannot unilaterally re- people I can support, but what is it dents with disabilities and so com- duce sanctions and that we strengthen about Betsy DeVos that has inspired so mitted to a rightwing agenda that she sanctions for what he has tried to do in much grassroots energy and opposition pointed to the need for guns in our schools to protect against ‘‘potential our election. The stakes are too high to across this country? grizzly bears’’ in response to a question let loyalty to this President—any I think I understand. It is very clear from a Senator representing the New- President—stop this body from doing to me. For the vast majority of people town families, people across the coun- the right thing for the American peo- across the country, public education isn’t just another issue, it is different. try pay even more attention, and they ple. start to make their voices heard. On the Cabinet and particularly Mrs. For those of us who owe everything we have to the strong public education we I am not surprised that opposition to DeVos, on the Executive order, the Betsy DeVos has caught fire across the received, for those who saw our chil- lack of respect for an independent judi- country. I am not surprised people are dren and grandchildren move through ciary, and on Russia, I ask my Repub- talking about it to their friends, writ- our public schools, for those of us who lican colleagues once again to consider ing letters to the Senators, and show- walked into a public classroom our- principle over party and their duty to ing up to protest when they have never country before deference to the Presi- selves to teach or have friends or fam- done anything like that before because dent. ily who have dedicated their lives to this is about their kids, their schools, Madam President, I yield the floor. teaching, for those of us who see the and their communities. It is about the The PRESIDING OFFICER. The Sen- role strong public schools play in our core idea that we are a nation that in- ator from Washington. communities, especially our rural com- vests in strong public education and Mrs. MURRAY. Madam President, munities, often offering an educational one that strives to guarantee the prom- over the last few weeks, people across and a community resource where it ise and opportunity it affords to every the country have continued to make simply wouldn’t otherwise be offered, student in our country—not that public their voices heard in opposition to the we believe that a commitment to education is perfect, of course not. We nomination of Betsy DeVos—moms and strong public schools is part of Amer- have a lot of work to do, but that work dads, grandmothers and grandfathers, ica’s core, the idea that every student should be directed toward strength- students young and old, and cities, in every community should have the ening public schools, not tearing them towns, urban, suburban, and rural com- opportunities that strong public down. Public education is something munities. People are standing up and schools offer. This is a notion that is that should be valued as an important they will not be silenced. Thousands embedded in our values. It is who we piece of the fabric of this Nation and upon thousands have joined protests in are. It is in our blood. the expansion of our middle class, not their communities. Hundreds of thou- For those people across the country scorned and ridiculed by billionaires sands have emailed or called their Sen- who feel that way, who believe those who never had any use for it them- ators, jamming our phone lines, things, the nomination of Betsy DeVos selves. swamping the voicemail system, and truly hits close to home. It was a slap Friday I spent a lot of time on the shattering records. Millions have en- in the face because she doesn’t ap- floor laying out my case in detail op- gaged on social media, sharing infor- proach this the way most of us do. She posing Betsy DeVos. I talked about the mation with their friends, signing peti- doesn’t cherish public education. She open questions that are remaining re- tions, and pressuring their elected offi- doesn’t value it. She is someone who garding her tangled finances and poten- cials. has dedicated her career and her inher- tial conflicts of interest. I ran through It has made a difference. Every single ited fortune to privatizing public the strong concerns with her record, Democrat will be standing with their schools, to tearing down public edu- her lack of experience, and her lack of constituents and opposing Betsy cation, to defunding it in order to push clear understanding of basic education DeVos. Just last week, two Repub- more taxpayer dollars into private issues. I discussed my strong belief licans announced their opposition as schools and for-profit charters. She has that her vision for education in Amer- well. I can tell you I know for a fact called public education ‘‘a dead end.’’ ica is deeply at odds with where par- there are other Republicans who are Where she sits from a distance, she has ents, students, and families across our feeling the heat and could come called it ‘‘an embarrassment.’’ She has country want to go. I went through the around. disparaged those who work in our pub- process of how Republicans jammed This nomination is dead even right lic schools, saying our best and our this nominee through our committee, now, on the razor’s edge. Fifty Sen- brightest ‘‘steer clear.’’ She has said cutting corners and doing everything ators, Democrats and Republicans will education is ‘‘an industry.’’ possible to protect her from scrutiny. I vote to reject Betsy DeVos. We need An industry? Well, for someone such will not go through all of that again just one more Republican to join us, to as she, a billionaire, rightwing activist now, but I do want to make one more stand on the side of students, parents, who spent her career and inherited for- point, one I hope will be compelling to and public education in America and tune buying and selling companies, she my Republican friends who are still re- say no to Betsy DeVos. just doesn’t understand an ‘‘industry’’ sisting pressure from their constitu- I come to the floor to kick off the that isn’t focused on profits and that ents and sticking with Betsy DeVos; final day of debate on this nomination. doesn’t exist in the free market. When that is, no matter what you think On Friday, I spoke at length, making people across the country hear some- about Betsy DeVos’s policy ideas, no my case for why the Senate should op- one such as Betsy DeVos say these matter what you think of her qualifica- pose Betsy DeVos. Democrats will hold things about public education, when tions to run this agency, no matter

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I vis- tion donated a beautiful library. There this job with no credibility inside the ited schools, talked to college students, is a jobs center, where parents can look agency she is supposed to lead, with no and heard from parents. No matter for employment, and a food bank, to influence in Congress, as the punch line where I went, in every part of our send kids home with something to eat in late-night comedy shows, and with- State, everybody wanted the same over the weekend. The school was out the confidence of the American thing: a good school, affordable college, transformed into a place where kids people. either community college or 4-year col- want to be, receiving the mayor’s A vote for Betsy DeVos is a vote for leges, and a fair shot at reaching their award for the greatest drop in students a Secretary of Education who is likely dreams. at risk for chronic absenteeism. It has to succeed only in further dividing us The U.S. Department of Education is been a success story. on education issues and who may try to supposed to help them get that oppor- In a little different part of town, Ben take steps to try to implement her tunity. Let me take a moment to talk Franklin High School exists, and it is anti-student agenda but would do so about what the Department of Edu- isolated geographically in the Brook- with people across the country. So cation means to some neighborhoods in lyn neighborhood. It is on a peninsula many of us in the Senate are on guard my State of Maryland. Not long ago, I at the southern part of the city. Brook- and ready to fight back. visited a pair of community schools in lyn is a historic waterfront neighbor- I urge my Republican friends—and we Baltimore City, the Historic Samuel hood with strong ties to manufac- just need one more—let’s cut this off Coleridge-Taylor Elementary School in turing. The Brooklyn community built right now. Let’s ask President Trump Upton/Druid Heights in West Baltimore ships for the United States in World to send us someone who is qualified, and the Benjamin Franklin High War II. Many families in Brooklyn who understands the issues, and who School in Brooklyn, South Baltimore. have been there for generations. As truly cares about public education. To- Upton/Druid Heights is a historic Afri- manufacturing left and Bethlehem gether, let’s stand with our constitu- can-American community in Balti- Steel closed—Bethlehem Steel provided ents and say no to Betsy DeVos. more. Supreme Court Justice Thurgood about 12,000 good-paying manufac- Madam President, I yield the floor. Marshall, jazz great Cab Calloway, and turing jobs—times got tougher for The PRESIDING OFFICER. The Sen- civil rights pioneer Lillie Mae Carroll those working families. ator from Maryland. Jackson all walked its streets, but In the year 2011, Benjamin Franklin Mr. VAN HOLLEN. Madam Presi- today it is a community in distress. was one of the bottom 5 percent of dent, I wish to start by thanking Sen- Most of its children live in poverty; 95 schools in the State of Maryland— ator MURRAY and the Members of the percent of the students at Samuel again, one of those schools that this HELP Committee for the work they Coleridge-Taylor Elementary are on nominee would have walked away from have done to cast light on the record free or reduced lunch. Despite its chal- in favor of vouchers. Again, the good and the lack of record of Mrs. Betsy lenges, it has a strong faith-based in- news is the Department of Education DeVos, President Trump’s nominee to stitution and community groups. Mrs. did not walk away. It provided extra be Secretary of Education. DeVos’s approach to schools such as funding to help turn things around. As the Senator from Washington has Samuel Coleridge-Taylor has been to Using the community schools model, told us, the more the American people give up on them, to abandon them, and they assessed and responded to the learn about the record of Betsy DeVos, to divert resources to voucher pro- needs of the students. the more concerned they become. The grams. Interns from the University of Mary- American people are making their Fortunately, the Department of Edu- land School of Social Work provided voices heard in every Senate office. cation did not abandon this school. In mental health services. The United The switchboard has been essentially 2012, it designated Upton/Druid Heights Way offers a workforce development shut down, and I can tell you that I as a Promise Neighborhood. The De- program and an onsite early childhood have received over 14,000 calls from partment provided resources to support development center that helps teen Maryland on this nominee alone. comprehensive services for families. parents graduate, knowing their chil- People are calling because the more These include B’more for Healthy Ba- dren have quality care. A family sta- they look at the record, the more they bies, which has dramatically reduced bility program helps families avoid realize this nominee’s lack of commit- infant mortality rates in the city; Par- homelessness. CSX is working with the ment to the essential mission of the ent University, to help educate parents school to build a football field. Department of Education. That mis- of young children; and financial lit- Students worked together with their sion is to provide every child in Amer- eracy and education, to help with fill- neighbors to take ownership of their ica with access to a quality public edu- ing out income tax forms and to help communities and protest the place- cation. This concern about the nomi- families manage their budgets. ment of an incinerator near them. nee is shared across political parties. In 2012, Samuel Coleridge-Taylor be- Some figured that this low-income As Senator SUSAN COLLINS of Maine came a community school. It has a neighborhood was a good target to put said on this floor, Mrs. DeVos’s con- community school coordinator, a posi- an incinerator, but the community centration on vouchers ‘‘raises the tion that can be filled using funds fought back and won. They have put question about whether she fully ap- under title I of the Elementary and thousands of hours into community preciates that the Secretary Of Edu- Secondary Education Act, which pro- service, including the Chesapeake Bay cation’s primary focus must be on help- vides financial assistance to schools cleanup. The school’s office of student ing States and communities, parents, with high numbers of children from service learning helps connect students teachers, school board members, and low-income families. The community to internships and job-training pro- administrators strengthen our public school coordinator works with parents, grams. schools.’’ students, educators, and community In Brooklyn, the crime rate and the Regardless of ZIP Code, our mission residents to learn the needs of the teen pregnancy rates have dropped, and must be to provide every child with ac- neighborhood and form partnerships to attendance at Ben Franklin is up. cess to a high-quality neighborhood meet them. The University of Mary- When I asked the students what they public school. It is absolutely true that land School of Social Work, which is liked about the school, they said: ‘‘We in too many places around in country located just down the road, joined feel like someone cares now,’’ and ‘‘ev- we are failing to meet the goal, but the them to provide trauma training so eryone is positive.’’ response to a troubled school should that teachers could recognize and re- At both of these schools, Samuel not be to walk away from it in favor of spond to trauma among the children Coleridge-Taylor and Ben Franklin, the

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With respect to schools model allowed them to form in Baltimore that I just discussed. the millions of dollars she and her fam- partnerships to meet the needs of their With the President offering only vague ily have spent trying to influence law- students’ lives so that they could focus promises and pricey schemes, it is even makers, she stated: ‘‘We expect a re- on delivering a high-quality education. more important that we have an Edu- turn on our investment.’’ Because the students’ needs are being cation Secretary with a steady hand She received a return in Michigan, met more comprehensively, the stu- and a deep understanding of the crit- where she played a role in a 1993 law dents can focus on learning, and be- ical mission of the Department. It is that created incentives for charters to cause we have a team outside of the clear that Mrs. Betsy DeVos is not the come to Michigan. The for-profit indus- teachers who are helping provide some right person for the job. try, in particular, responded, and they services to these kids, the teachers can Mrs. DeVos advocates a concept of operate nearly 80 percent of the char- focus on teaching. industrialized, privatized, and for-prof- ters in the State of Michigan. In 2011, It is important for us to understand it schools. This thinking is too small she pushed successfully for a law that that every child who walks through the and too cramped for our kids. Our goal allowed even low-performing charters doors of a school has a unique family should not be vouchers for children to to expand and repealed the require- circumstance and their own individual try to shop for a school with no ac- ment that the State publish annual re- needs. countability for quality. Our goal ports on charter performance. I think The community school approach em- should be a neighborhood school for we all believe that transparency is im- phasizes the fact that no school is an every child that meets their needs. portant, and it is shocking that there island onto itself. Every school is part We cannot abandon the families who would be an effort to put the facts of a neighborhood, and we need to un- cannot afford to make up the difference under the rug. After years of criticism, derstand the special circumstances of between the value of the voucher and modest accountability measures were the children and families in those the tuition at the private school. What introduced in 2015, although Mrs. neighborhoods. It is not just for urban do we say to them? We cannot abandon DeVos opposed and successfully schools like Samuel Coleridge-Taylor the students who cannot get accepted stripped a provision from the bill that and Ben Franklin. Community schools into private schools because many of would have established a commission have shown success in rural areas of these private schools say yes to some to explore ways to improve Detroit Pennsylvania, North Carolina, Mon- and no to others. What do we say to public schools. tana, and all across the country. those who have the doors closed on Seventy percent of Detroit charter This idea that every child should re- them? We cannot abandon the schools schools ranked in the bottom quarter ceive a good public education is as old that a voucher program would drain of Michigan schools. The nonprofit as our Republic itself. Our Nation’s the resources from, and $20 billion is a Education Trust calls their poor per- Founders knew the contribution of huge amount of the resources that we formance a ‘‘civil rights issue.’’ In a re- education to the success of our democ- currently provide for schools like the port just last June, the New York racy. They knew that an educated pop- two I mentioned in Baltimore City and Times called the situation in Detroit ulation would be a strong safeguard schools in neighborhoods throughout ‘‘a public education fiasco that is per- against tyranny. In a letter in 1786, the country. So instead of a risky haps unparalleled in the United Thomas Jefferson wrote: voucher program, we need to make our States.’’ It would be a big mistake to I think by far the most important bill in schools better by giving them the flexi- impose that fiasco on the rest of the our whole code is that for the diffusion of bility to meet student needs and the country. knowledge among the people. No other sure support to make sure that our children Mrs. DeVos has also advocated for foundation can be devised for the preserva- are all ready to learn. online charter schools, and she was for- tion of freedom and happiness. In her hearing and in the responses merly an investor in the largest for- As early as 1779, Jefferson was put- to the questions for the record, Mrs. profit online school operator, K–12, Inc. ting forward legislation to create a DeVos displayed an astonishing igno- In her response to questions about this public school system that would give rance about the agency that she in- model, she cited questionable statistics children a fair start. Jefferson later tends to run and, indeed, about the role for the accomplishments of several vir- wrote to John Adams: of public schools in our country. All of tual academies. Those statistics were It was a bill for the more general diffusion us who have been part of this debate disproved in an article in Education of learning. This proposed to divide every know that one of the most funda- Week which compared them to the pub- county into wards of five or six miles square, mental discussions in K–12 policy has licly reported figures used for State ac- like your townships; to establish in each been over accountability and how best countability. ward a free school for reading, writing and to measure student knowledge and For example, Ms. DeVos wrote that common arithmetic; to provide for the an- school performance. There has been an nual selection of the best subjects from these Utah Virtual Academy has a 92-percent schools, who might receive, at the public ex- intense discussion over whether to graduation rate. In fact, the most re- pense, a higher degree of public edu- measure school and student perform- cently publicly reported figure is 42 cation at a district school. ance by student proficiency or by stu- percent. The last thing we need is a He went on to say: dent improvement and student growth. Secretary of Education coming up with Worth and genius would thus have been Mrs. DeVos seemed totally confused alternative facts. sought out from every condition of life, and about this discussion that is going to While I believe that nonprofit public completely prepared by education for defeat- the heart of many of the debates here charter schools are important incuba- ing the competition and birth for public in Congress. tors for innovation, they have to play trusts. Perhaps we should not be so sur- by the same rules as the rest of our Though America did not start the prised that she has such little under- schools. But Mrs. DeVos has rejected public education system at that mo- standing of the public education sys- that equal playing field. ment in time, those ideas and that phi- tem, as she has spent much of her ca- In an exchange with Senator KAINE losophy of education as the great reer attempting to dismantle it in from Virginia where he repeatedly equalizer and tool to develop the tal- favor of private, charter, and for-profit asked her whether or not the charter ents of Americans, regardless of the schools. She has been referred to as the schools would have the same standards circumstances of their birth, were the ‘‘four-star general of the voucher applied to them as public schools that foundation of the public school system movement.’’ She has forcefully worked received Federal funding, she refused that we have today. to expand vouchers, including spending to agree. President Trump gave remarkably millions on a failed ballot initiative to It is pretty extraordinary when we little attention to education during his bring vouchers to the State of Michi- have a nominee saying that she sup- campaign. He pretty much ignored the gan. When that didn’t work, she cre- ports a taxpayer-funded blank check public school education system in favor ated the Great Lakes Education for some schools. Our Secretary of Edu- of his $20 billion voucher scheme that Project to fund nonprofits and donate cation must be a responsible steward of would drain huge amounts of resources to State legislators who would advance taxpayer dollars and ensure that funds

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Her letter begins: All of us know the Department of Edu- In conclusion, let us heed the words Dear Senator Hirono, cation has the very important job of of the editorial board of the Detroit As a strong supporter of public education, enforcing civil rights laws and making Free Press. They have witnessed first- I ask that you oppose the confirmation of sure we have equal access to education Betsy DeVos as Secretary of the U.S. Depart- hand the experiments that Mrs. DeVos ment of Education. throughout the Nation. Congress pro- has made about education and have Educators and students deserve a secretary hibited discrimination in education on written in an editorial: ‘‘Make no mis- who can commit to supporting every student the basis of race, color, and national take: A vote to confirm Betsy DeVos as in all public schools, and a leader that will origin in title VI of the Civil Rights U.S. Secretary of Education is a vote work tirelessly to promote a public edu- Act of 1964. Title IX of the Education to end public education in this country cation system that provides each child with Amendments of 1972 prohibited sex disas we know it.’’ the optimum conditions for teaching and learning. crimination. Section 504 of the Reha- In a speech in 2015, Betsy DeVos said Betsy DeVos’ past work in education and bilitation Act of 1973 prohibits dis- bluntly: ‘‘Government really sucks.’’ I her performance at the recent confirmation crimination on the basis of disability. suggest that she should not be leading hearing demonstrated neither a depth of ex- But all of us know that as late of the the agency entrusted at the Federal perience nor knowledge base in education mid-1970s, public schools still accom- level with the education of our chil- policy and on critical issues facing the com- modated only one of five children with dren, which, as our Founder said, is munity. disabilities, and many States had laws really the root of equal opportunity She ends her letter by saying: that explicitly excluded children with and the opportunity for every child to As a principal, I have spoken with teach- certain disabilities. When Congress ad- achieve their dreams. ers, parents, students, and community mem- dressed this with the passage of the I join with the distinguished Senator bers across the political spectrum and there IDEA legislation, it was a big break- is widespread agreement that Betsy DeVos is from Washington State in urging my not the right person for the job. through for our country and for our colleagues to vote no on Betsy DeVos As Lorelei said, it shouldn’t be ask- children. The IDEA was very straight- for Secretary of Education. We can do ing too much to have an Education forward and very simple: Every child better. We can do a lot better for our Secretary who will stand up for public deserves a ‘‘free appropriate public kids. schools and the millions of our children education’’ in the ‘‘least restrictive en- The PRESIDING OFFICER. The Sen- who attend our public schools. That vironment.’’ The law requires schools ator from Hawaii. person is certainly not Betsy DeVos. Ms. HIRONO. Madam President, con- to design an ‘‘individualized education In his opening remarks at Betsy program’’ for each child with a dis- stituents from every State who care DeVos’s confirmation hearing, the ability. about our public schools and our stu- chairman of the HELP Committee said IDEA has been a lifesaver for chil- dents in public schools have broken that Mrs. DeVos was in the ‘‘main- dren with disabilities and their fami- records calling us, their Senators, in stream’’ for supporting vouchers to lies. It has empowered them to get the opposition to Betsy DeVos as Edu- send students to private schools, in- quality education they could not ear- cation Secretary. stead of investing in our public schools. lier receive, and the law gives them In the past few weeks, I have heard This is not mainstream thinking. tools with which they can fight to en- from thousands of Hawaii residents Being told otherwise is again dealing in sure that schools address their needs. concerned about voting for an Edu- ‘‘alternative facts.’’ This is why it was so alarming at the cation Secretary who clearly does not The chairman went on to repeat a so- hearing to hear Mrs. DeVos say that believe in our Nation’s public schools. I called argument that Betsy DeVos and the application of IDEA and the rights wish to share two of their messages other school choice advocates make— behind IDEA really was a State func- today. that vouchers are simply Pell grants tion—the same States that historically One constituent wrote to me: for primary and secondary education. discriminated against these very chil- Dear Senator Hirono, Now, this is a real head scratcher, and dren. That is not what the IDEA legis- As a proud Hawaii educator for 30 plus I say: What? Here we go again down the lation is all about. It is a national years, I’m deeply troubled by the possible ap- rabbit hole, where up is down and down standard to make sure we do not have pointment of Betsy DeVos to the position of US Secretary of Education. is up. discrimination based on disability. Yet, Although I would personally never con- Pell grants and vouchers are fun- Mrs. DeVos in exchange concluded sider applying for a job I am not qualified to damentally different. Pell grants help with: ‘‘I think that’s an issue that’s serve in, it’s baffling to me that our new offset the ever-rising cost of a vol- best left to the States.’’ Commander in Chief thinks someone who has untary college education. All colleges So whether it is her position with re- NO experience as a teacher or administrator charge students tuition, and Pell spect to vouchers and poaching re- could be remotely prepared to lead our na- grants provide opportunity to low-in- sources that otherwise would go to im- tion in this role. come students to be able to go to col- prove our public schools or lack of sup- I don’t have to explain to you what a self- lege. port for the very idea behind IDEA, we less calling being a teacher is, nor do I believe our Hawaii delegation takes educating In contrast, every American child have a nominee who the overwhelming Hawaii’s keiki lightly, so I implore you to has a right to a free primary and sec- majority of the American people recog- work with other leaders in DC to make sure ondary public education. Vouchers ac- nize is the wrong choice to be the cus- we have a suitable nominee for this essential tually take resources away from public todian of the Department that is reposition. schools and make it that much harder sponsible at the Federal level for pro- Mahalo, to provide a good education for all of viding support and educational oppor- Sandy from Honolulu our students. tunities to our children. Sandy and teachers like her devote Vouchers take money away from In closing, with respect to the issue more time and effort than is mandated public schools; Pell grants don’t. When of guns in schools—and Senator MUR- to ensure that our public school stu- a student uses a Pell grant at a private RAY, the ranking member, has ad- dents have a solid foundation in edu- college or university, it has no impact dressed this as well—it was pretty cation and for life. Teaching is a call- on the funding a State college or uni- shocking to hear Mrs. DeVos trivialize ing, and I have met with many teach- versity receives. But when a student the issue of gun violence in schools ers who are totally committed to doing uses a voucher to attend a private when she was asked about this by the the very best they can for their stu- school, it takes away money from local Senator from Connecticut, Mr. MUR- dents, and they want nothing less from public schools. How is taking money PHY, quipping that guns might be nec- the next Secretary of Education. They away from local public schools main- essary to kill grizzly bears. We have deserve a better qualified, better expe- stream thinking? The Secretary of

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Among her many Education, Labor, and Pensions Com- do more to insist that everyone in the duties as Secretary, Betsy DeVos mittee. The ranking member, Senator education field, every person on a col- would be in charge of managing $30 bil- MURRAY, is here with us on the floor, lege campus assumes some level of re- lion per year of Pell grants, which help and I am grateful for her leadership on sponsibility. more than 8 million students afford a this nomination debate, as well as One of the reasons we can start down college education in this country. many other issues. that path and begin to be certain that During the 2014–2015 school year, I guess the broad concern I have is we are at least beginning to wrestle more than 21,000 students in Hawaii Betsy DeVos’s commitment to public with this problem and give young were able to finance their college edu- education. I come from a State where women on our campuses more protec- cation with nearly $81 million in Pell we have had a tradition of public edu- tion is because of recent legislation. grants. Last Congress, I led legislation cation since about the 1830s. I am fairly We are not done. We have a lot more to to protect and strengthen the Pell certain—I will stand corrected—but do, but I will highlight one bill that I grant program. But under Republican Pennsylvania might have been the first led the fight on—the Campus Sexual majorities, Pell grants are under the State to have public education as far Violence Elimination Act, known as constant threat of irresponsible cuts back as the 1830s. It is part of the bed- Campus SaVE. That became law in and dismantlement, even though col- rock of the foundation of our State. 2013, when we were reauthorizing—a lege today is more expensive than ever. Still, today, 92 percent of Pennsyl- fancy Washington word for doing it Can we really trust Betsy DeVos to vania students attend a traditional again or improving the law—the Vio- fight to protect Pell grants? Somebody public school. We have charter schools. lence Against Women Act. I was glad who equates Pell grants with vouchers We have roughly 175 or so, but all of we were able to take a substantial step those charter schools in Pennsylvania is not someone who understands her re- to tackle this horrific problem of sex- have to be, by statute, public nonprofit sponsibilities under the Pell Grant Pro- ual assault on campus. entities. Public charter schools are gram. So can we really trust Betsy That legislation was followed by reg- what we have in Pennsylvania. We DeVos to support the Pell Grant Pro- ulations. If I could summarize them, don’t have for-profit private sector gram? I don’t think so. that law and the regulations that fol- charter schools. It is not allowed by I have spoken out against Betsy lowed made sure that colleges and uni- law. versities have clear guidelines, that DeVos’s nomination a number of times, There are some limited cir- victims know what their rights are, but some questions need repeating. cumstances when one entity could af- that victims know where to turn in the What are we telling our students if we filiate with a for-profit entity, but we event of an assault, that we do a lot have an Education Secretary who is have nothing like what Mrs. DeVos has more on prevention, that bystanders not committed to improving the public supported in Michigan and across the can no longer be inactive, that they education system so that our students country. For a Senator from Pennsyl- have to be trained and prepared to can succeed in school and in life? Nine vania to be questioning a nominee for help, and that the entire college cam- out of every 10 students in the United Secretary of Education about for-profit pus is focused on preventing sexual as- States attend public school. What are charter schools is unusual because we sault and then making sure, in the we saying to them? Is it the best we don’t have that entity in Pennsylvania. can do to give them an Education Sec- My concern is substantial—and I will aftermath of an assault, it is dealt with retary who does not believe in the pub- develop this later—about her commit- appropriately. lic schools they attend? Who doesn’t ment to public education. In fact, in This legislation has helped campus believe that their education is worth my meeting with Mrs. DeVos, because communities respond to not only sex- fighting for? of my concerns, I said something very ual assault but domestic assault, dat- If this is the message you want to simple, but I said it for a reason, to re- ing violence, as well as stalking. It send to our students and their families, mind her about her obligation if she does give students and employees the then vote for Betsy DeVos. On behalf of were to be confirmed. I said: You will opportunity to do more than has been the nearly 200,000 public school stu- not be the Secretary of private edu- done on college campuses. dents in Hawaii and their teachers and cation; you are going to be the Sec- When I was questioning Mrs. DeVos, I other educators in Hawaii, my answer retary of Education, and for most of asked her if she would commit to up- is a strong, strong no. the country, that means traditional holding title IX, the nondiscrimination I urge my colleagues to question public schools, and I hope you under- statute that includes important protec- Betsy DeVos’s commitment to our pub- stand that. tions against sexual assault. I asked lic schools and to the millions of stu- That is a broad concern that I have, her very specifically about the Depart- dents who go to public schools and vote and I will talk more about it. My line ment of Education’s Office for Civil against her nomination. of questioning the day of our hearing— Rights, which had issued guidance in I yield the floor. I should say the evening of our hear- 2011 that advises institutions of higher Mrs. MURRAY. Madam President, I ing—focused on campus sexual assault; education to use the so-called prepon- suggest the absence of a quorum. and that, of course, is an area of urgent derance of the evidence standard for The PRESIDING OFFICER. The concern for a lot of people here, a lot of campus conduct proceedings. Some clerk will call the roll. members of the United States. It is may be familiar with that standard. It The legislative clerk proceeded to also of greater concern now because of is a standard that we have used in our call the roll. her nomination. What do I mean by jurisprudence for civil cases across the Mr. CASEY. Mr. President, I ask that? country. You don’t have to prove, nor unanimous consent that the order for Let me walk through how I got to my should a victim of sexual assault on the quorum call be rescinded. questions with her. We know the De- campus have to prove by the higher The PRESIDING OFFICER (Mr. KEN- partment of Justice tells us that col- standard; say clear and convincing is a NEDY). Without objection, it is so or- lege women are twice as likely to be higher standard or beyond a reasonable dered. sexually assaulted than robbed in the doubt is a criminal standard. What the Mr. CASEY. Mr. President, I rise to time they are in college. This is a num- Department of Education said to the speak this afternoon about the nomina- ber that comes from the Centers for university campuses across the coun- tion of Betsy DeVos to be Secretary of Disease Control. We also know that one try is, the standard you should use is Education. I know we will have had in five college students experience at- preponderance of the evidence. They some time later today and even to- tempted or completed sexual assault based that determination after con- night, but I wanted to review some of while they are in college. sulting with experts and advocates

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That led me to the Campus SaVE, and that is where we cerns we have about lack of funding in conclusion—after reviewing the record are now. public education. of the hearing and talking to my col- I simply asked Mrs. DeVos whether I would hope both parties would want leagues on the committee—that this or not she would commit to enforcing a Secretary of Education who is a nominee and I do not share the same current law and abiding by the 2011 De- champion for students with disabil- value when it comes to that public edu- partment of Education guidance. Her ities, who would be a champion for cation. I note that two of my Repub- response was that it would be pre- those who are victims of sexual assault lican colleagues, Senators COLLINS and mature—I am using her word ‘‘pre- on our college campuses. Unfortu- MURKOWSKI, have come to the same mature’’—to make that kind of com- nately, because of a series of questions conclusion. One of the most troubling mitment. I was stunned by that an- posed both at the hearing and in writ- examples of Mrs. DeVos’s views came swer. Why would it be premature to ten questions that were submitted for when she was questioned by two of my say you are going to enforce current the record—to which Mrs. DeVos gave colleagues. I note Senator MURRAY is law? Why would it be premature to say written answers—I see that basic com- here. We thank her for her leadership that you can’t make a commitment to mitment lacking. For that and many on the Health, Education, Labor, and insisting upon an evidentiary standard reasons which we will develop a little Pensions Committee. Two of my col- that is in place right now? That made later tonight, I will be voting no on her leagues, Senators MAGGIE HASSAN and no sense to me, and I don’t think it confirmation vote. TIM KAINE, asked the nominee about made any sense to people across the I appreciate this opportunity to whether schools should meet the stand- country who have been working on this share some of my thoughts and hope to ards outlined in the Individuals with problem and trying to get the atten- be back later this evening. Disabilities Education Act or, as it is tion of the Senate and the House and I yield the floor. known, IDEA. Mrs. DeVos said she any administration for years, if not for Mr. President, I suggest the absence would leave the decision of whether to decades. of a quorum. offer equal educational opportunities We finally arrived at a place where The PRESIDING OFFICER. The to the States. This is simply unaccept- we are at long last dealing with sexual clerk will call the roll. able. It is not the kind of leadership we assault in a very aggressive and appro- The legislative clerk proceeded to need. This is not why we have IDEA. I priate and fair manner. Now we have a call the roll. think most education professionals and nominee who says she is not sure Ms. KLOBUCHAR. Mr. President, I people who are experts in this area whether she can commit to that. That ask unanimous consent that the order would know that is not the answer. gave me great pause and is one of the for the quorum call be rescinded. I occupy the Senate seat that was reasons I don’t support her nomina- The PRESIDING OFFICER. Without once held by Minnesota’s own Hubert tion. I have several reasons. I know I objection, it is so ordered. Humphrey. He was someone who was am running low on time, but I will Ms. KLOBUCHAR. Mr. President, I never at a loss for words. He delivered wrap up this portion in a moment. rise to speak in opposition to the nomi- a speech to the Minnesota AFL–CIO 40 Another area of concern is the an- nation of Betsy DeVos for Secretary of years ago. One line of that speech is swers to questions she gave with regard Education. My mom was a public just as appropriate and meaningful to specific questions about students schoolteacher, and she taught second today as it was back then. He said: with disabilities. This was a set of grade until she was 70 years old. She The moral test of government is how that questions asked by a number of Sen- loved teaching. Her favorite unit was government treats those who are in the dawn ators, but I will try to summarize it actually the Monarch Butterfly Unit, of life, the children; those who are in the this way. She seemed to have a lack of where she would dress up as the mon- twilight of life, the elderly; and those who knowledge, an apparent and I think ob- arch butterfly, and she would teach the are in the shadows of life, the needy, the sick vious lack of knowledge, about basic kids about metamorphosis. The cos- and the disabled. Federal law, a law that was passed dec- tume she wore, she would also wear to I submit that Mrs. DeVos’s opposi- ades ago, the Individuals with Disabil- the supermarket afterward. She was tion toward providing equal education ities Education Act. She didn’t seem to dressed as this big monarch butterfly, opportunities to students with disabil- know that was a Federal statute. She with little antennae on her head and a ities does not meet that moral test. seemed to assert that somehow States sign that said: ‘‘To Mexico or bust’’ be- Her views are at odds with decades of could decide whether to enforce the cause that is where the monarch would bipartisan support for IDEA. policy that undergirded that Federal fly on its way from Canada through In 1975, when Congress passed the law. That, of course, is not the case. It Minnesota and down. It was the night original version of IDEA, half of all is Federal law, and we have to make before my mom’s funeral at the visita- children with disabilities were not re- sure individuals—in this case, students tion where I met a family who came up ceiving appropriate educational serv- with disabilities—get the rights they to me, and the mom was sobbing. I ices, and 1 million children with dis- are accorded by virtue of that law. Her didn’t know what was going on. I had abilities were excluded entirely from lack of knowledge in this area was of never met them. They had their older the public school system. In an impas- concern, but maybe even greater con- son with them who had pretty severe sioned floor speech, then-Senator and cern was a lack of—or seeming lack of, disabilities. She said: You know, your later Vice President Walter Mondale of in my judgment—determination to mom had my kid here in school when Minnesota talked about the need for once again enforce this law, to make he was in second grade. Now he was IDEA. Before the 1975 law, disabled sure that on her watch the law that grown up. She said: He always loved children were placed in segregated would protect students with disabil- that Monarch Butterfly Unit. After he schools and classes with little empha- ities would be enforced to the full ex- graduated, your mom would continue sis on an education, training, or devel- tent of the law and nothing less. She to go to the grocery store, and that was opment. Many parents also gave up on didn’t seem to be willing to commit to why she would go to the store every the poor services offered by the public that or didn’t seem to have the kind of year. He had gotten a job bagging gro- schools. As a result, disabled students commitment I would expect from a ceries. She would stand in the line in remained at home. To tackle this prob- Secretary of Education. her monarch butterfly outfit for years lem, Republicans and Democrats came What we would all expect, Democrats and give him a big hug when she got to together to pass legislation ensuring and Republicans, I would hope, is a the end of the line. That was my mom. that students with disabilities would Secretary of Education who is a cham- She loved her kids and she was a de- have equal access to public education, pion for public schools, is a champion voted teacher. just like all other kids. The law guar- for those children in public schools, I went to public school through ele- anteed and continues to guarantee will fight battles and urge States to mentary to high school. My daughter today—the Federal law—that students

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Senator Humphrey Minnesota Ramp Project that intro- while still being included in activities called IDEA one of the most significant duced a new American model for build- with the rest of his peers. Today, she pieces of legislation and a major coming statewide standardized wheelchair tells me that he is a successful young mitment in this Nation’s commitment ramps. Minnesota was the State that adult who happily lives, learns, and to its children. Then-Senator Mondale sent Paul Wellstone to the Senate, works in his community. argued that this landmark legislation where he fought long and hard for men- During my time in the Senate, I have holds a promise of new opportunity for tal health parity. My State is also worked to share those Minnesota val- 7 million children in this country. home to some of the most innovative ues that you hear resonating in those When Congress first enacted this law in centers for the disabled in the country, letters across the country. That is why 1975, this was not a partisan issue. The including PACER, the Courage Center, I helped lead the push in Congress to law passed both Houses with over- and ARC. successfully pass bipartisan legislation whelming majorities. The Senate voted When it comes to educating children with Senators Burr and Casey called in favor of the landmark legislation by with disabilities, Minnesota has also the Achieving a Better Life Experience a margin of 87 to 7; the House, by a been one of the Nation’s leaders. In Act, or ABLE Act, a law that will help vote of 404 to 7. Bipartisan support for 1957, our State became one of the first people with disabilities and their fami- IDEA grew stronger over time. States in the Nation to pass a law re- lies better plan for their futures. It is a In 1991, President George H.W. Bush quiring that special education services law that President Obama signed. signed into law a bill that reauthorized be provided to children and youth with We have made progress in removing the Disabilities Act. That bill was in- disabilities. In our State, from birth to barriers and empowering people with troduced by former Democratic Sen- adulthood, kids with disabilities have disabilities. Of course, we know that ator Tom Harkin and former Min- access to the quality of life they de- the ABLE Act alone is not enough. We nesota Republican Senator Dave serve. still need to ensure that the Federal Through IDEA, our State is able to Durenberger. The reauthorization was Government lives up to its promise to receive Federal funding for early inter- so uncontroversial that it passed by a support education for those with dis- vention services that help diagnose dis- voice vote in both the House and the abilities by enforcing and protecting abilities or developmental delays Senate. Members from both parties the IDEA and fully funding special edu- among infants and toddlers. Minnesota supported IDEA when it was reauthor- cation. Providing equal educational op- also provides each child with a dis- ized again in 2003. Every single member portunities for children with disabil- ability and their family a personalized of the Minnesota delegation, all 10— K–12 education plan and the support ities is an issue that cuts across par- Democrats and Republicans alike—sup- needed to transition from high school tisan lines. ported IDEA’s reauthorization that It is an issue of decency and an issue to postsecondary education. year. For four decades, IDEA has gar- These civil rights protections and of dignity, and I believe it is an issue nered support from both sides of the funding under IDEA have also been an that we must all stand behind as Amer- aisle because we all understand the area of bipartisan cooperation among icans. I cannot support a nominee that need to support the most vulnerable members of the Minnesota delegation. would jeopardize the education of mil- among us. We would like to see even more fund- lions of disabled children across our Every Member of Congress knows a ing. We don’t see us move backwards. country or someone that is not fully family member or a person who has At least one Minnesota Republican has informed at her own hearing about been affected by disability. For a lot of cosponsored every version of IDEA and such an important law. We have con- lawmakers, this is personal. When my its reauthorization over the last 40 tinuously maintained and strengthened daughter was born, she couldn’t swal- years. We have never had a Secretary educational laws for children with dis- low for nearly 2 years. She had a feed- of Education who has put these com- abilities because every child deserves a ing tube, and the doctors didn’t know monsense bipartisan benefits at risk. chance to succeed. what was wrong with her. It ended up Today, over 124,000 Minnesota chil- I think about my mom and all those being a temporary problem and not a dren rely on the protections in IDEA. I years of teaching—teaching 30 second permanent disability, but those 2 years have heard from families in my State, graders at age 70. I think about that I still look back at as a gift. They were and so many of them tell me how that boy, who is now a man, who in the sec- a gift that brought our family closer Federal law has made a real difference ond grade had her as a teacher. He had together, but they were a gift because in their lives. A mom from Watertown, severe disabilities, but she did every- they made me understand what parents MN, told me all about her son who was thing to make his learning experience of kids with disabilities face every sin- born with Down syndrome. She is so as good as all the other kids that were gle day. This wasn’t just a temporary thankful for the Federal law because in that class. thing for the parents I met. This was this protection ensures that he can I think of how he loved that butterfly something they face every single day. have everyday experiences like other unit and felt the passion that my mom Since the passage of IDEA, our Na- kids. brought to teaching it. In her own free tion has moved to fulfill the promise of It allows her son to be fully inte- time, she would go visit him at his job providing a high-quality education to grated with the rest of the students in at that checkout line in the grocery kids with disabilities. Today, more his high school. As a result, he has de- store in her butterfly outfit. That was than 4.7 million children with disabil- veloped many friendships and a strong integrating kids with disabilities into ities rely on IDEA to protect their ac- social network. When she asks her son our school systems. That is what spe- cess to high-quality education. Over whether he likes school, he always says cial teachers and special education ex- the last 40 years, the Democratic and a resounding ‘‘yes.’’ perts who see all children as special are Republican Members who have come A mother of two autistic kids who all about. before me have all fought to preserve are deafblind, reached out to me from Thank you. I urge my colleagues to those critical rights and opportunities. Farmington, MN. She tells me that she join me in opposing Mrs. DeVos’s nomi- These are American values. But they depends on IDEA because the law gives nation. are especially near and dear to our her an opportunity to participate in de- I yield the floor. State, where we have this long and signing individualized education pro- The PRESIDING OFFICER. The Sen- proud tradition of working to ensure grams for her children. These programs ator from Vermont. that people with disabilities have ac- allow her to tailor the best possible Mr. LEAHY. Mr. President, I thank cess to the same basic resources and educational plans. the distinguished senior Senator from

VerDate Sep 11 2014 23:34 Feb 06, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.012 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S694 CONGRESSIONAL RECORD — SENATE February 6, 2017 Minnesota for her comments. She passed the Every Student Succeeds Act It is what I hear from hard-working speaks from experience and knowledge, here in the Senate by a vote of 85 to families in Vermont. Parents tell me as has the senior Senator from Wash- 12—an amazing, overwhelming, bipar- that their child is going to be the first ington State, on this issue. tisan vote. It was the firm agreement one in their family to go to college, In my years here, I have seen thou- among the majority of the Senate—Re- and the only reason they can do it is sands of confirmation votes, literally publicans and Democrats alike—that because they can get Pell grants or at all levels, up to and including Cabi- all students deserve access to critical Federal student loans. Mrs. Devos’s an- net members and Supreme Court jus- public school resources in order to suc- swer is: What are those? tices. I have voted for a large majority ceed. We made a promise that we would College tuition rates have climbed of a President’s nominations—both Re- do better by our students; that public more than 300 percent in the last dec- publican and Democratic Presidents. schools would be the premier standard ade. It is unacceptable to deny stu- Some may not have been those I would for outstanding education for all. dents Federal financial resources. To have chosen, but I felt that, at least, Unfortunately, the nominee before say, well, if you are rich, you can have the President should be given the pre- us—in the very little time that she was them, but otherwise, tough. rogative, if the person is qualified. allowed to testify and be questioned in As it is, students are increasingly Now, ideology is one thing, and quali- the confirmation hearing—showed that saddled by insurmountable student fication is another. Out of those thou- she does not share these same goals. loan debt. Many forgo starting a fam- sands of confirmation votes, I have a Instead, she has referred to public ily, or buying a house or a car. Many of hard time remembering any that were schools as a ‘‘dead end.’’ these students have also fallen prey to like this one. This one had a whirlwind Well, if you are a billionaire, you for-profit institutions, many of which confirmation hearing and committee have a choice to go wherever you want continue to offer the false promise of vote. It was almost as though they to school. Maybe these people in a pub- gainful employment upon graduation. were afraid to have the nominee actu- lic school are not good enough for you? In reality, many of these institutions ally have to appear and answer ques- Well, then, go buy a school if you want. offer nontransferable credits or tions. And now the Senate is going to Most people don’t have that option. unaccredited degrees, and are increas- vote on the nomination of Betsy DeVos Most people are hard working. My wife ingly shuttering their doors, leaving to lead the Department of Education. and I were when our kids were in students with egregious debt and no- I will be very blunt. On the very lit- school. Our children are today. where to turn to finish their degrees. tle time that she was allowed to be What does Betsy DeVos advocate for? The Department of Education has an shown to the public, she showed—and I She advocates for the privatization of extremely important role to ensure certainly believe this—that she does education. She has funneled millions of that all students—of every race, in- not have the qualifications to uphold dollars into organizations and initia- come level, or whether that student tives to promote private school vouch- the Department of Education’s primary has disabilities or not—have access to ers and school choice. goal—that of ensuring that all stu- the critical tools provided by public These efforts have diverted public dents—all students, not just the schools and by student financial aid wealthy, but all students—have access funds toward private schools, schools that are not held to any antidiscrimi- programs. to a quality, public education that al- Thousands—thousands—of Vermont- nation or accountability standards. lows them to succeed. ers have called or written to me wor- I am both a father and a grandfather, These schools can discriminate all they ried that Mrs. DeVos does not agree and I am proud of it. I watched my want. with these principles. When I say thou- children go to school. And now I see At her confirmation hearing—in the sands, to put that in context, we are my grandchildren going to school. I un- very little time that she did speak—she the second smallest State in the Union. derstand well the impact of education did not understand the Individuals Thousands have contacted me. I share on our children. When students have with Disabilities Education Act. This these concerns of my fellow Vermont- access to strong public education from is a landmark law. It is a Federal law ers. the very beginning, they are more apt that public schools in all 50 States They know my children went to pub- to succeed in the long run. must follow. Our Nation’s public schools—as is the Lastly, Mrs. DeVos and her family lic school. They want to be able to send case in my home State of Vermont— have contributed to anti-LGBT causes their children to public school too. hold the promise of student success and anti-women’s health efforts, which They want the best education. through strong State accountability are in direct conflict to the one who is I am telling these Vermonters I will measures and legal protections regard- supposed to lead the Department of not support this confirmation. It is less of one’s race, income, or learning Education. How can a nominee disagree dangerous and shortsighted to confirm ability. They offer nutritious meals for with the mission of the Department of someone who has so much to learn underserved students, many of whom Education and be fit to oversee that about our Nation’s public schools and receive their only meals of the day at agency and promote the civil rights of the challenges they face. school. Any teacher will tell you that schools and college campuses? Universal free public schools were a if you have a hungry child, you have a She also appears to oppose efforts to revolutionary American invention. It child who cannot learn. If a child is fed, expand college access, in an era when has helped make America the great Na- you have a child who can learn. college is so important. Again, in the tion it is today. So in the United Public education means strong teach- little bit of time she was allowed to States, we should strengthen public ers and school leaders, technology in testify before the Senate HELP Com- schools, not snub them. the classroom, an assessment to test mittee in January, Mrs. DeVos, when Mrs. DeVos is the wrong choice for not just how well a student can memo- asked, would not agree to work with our children but also for our Nation’s rize material for an exam on a par- States to offer free community college future. Our public schools need strong ticular day of the year, but how much to eligible students, instead saying leadership, not someone who has made they have grown over the course of that ‘‘nothing in life is truly free.’’ it her life’s work to undermine their many months. This is an easy thing to say if you are success. So I oppose this nomination. I Many of the schools have counselors a billionaire. hope my fellow Senators will too. and nurses. They operate under a mod- She also admitted to knowing little TRAVEL BAN ern infrastructure to support those about the Pell Grant Program and Fed- Mr. President, while I have the floor, with disabilities and children in foster eral student loans, as neither she nor I will just take another minute or two care. But public education also means her children have ever had to use such to mention something else, as I have that both the States and the Federal resources. As most of us know our chil- mentioned Vermont. Government are held accountable for dren will have to use them, this is sim- On February 1 of this year, Vermont everyone having access to the same ex- ply out of touch with the real life ex- welcomed 31 new U.S. citizens from 14 cellent resources. pectations of millions of students and countries through a naturalization In fact, just over 1 year ago, this families who rely on these funds to ceremony in Rutland, VT. Later that body agreed to these protections. We make college attainable. night, more than 1,000 people from our

VerDate Sep 11 2014 05:14 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.014 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 6, 2017 CONGRESSIONAL RECORD — SENATE S695 small city in Vermont gathered on our because he disagreed with him. And it turn towards a happier subject. This is a day statehouse lawn—just a few feet from was almost within hours that he of celebration. Today we welcome you as our where I was born and raised—in sup- praised President Putin and tried to brothers and sisters, common citizens of the port of refugees and immigrants. excuse the assassinations—the assas- county we all love and which you have chosen as your own. We Vermonters understand what sinations—carried out in Russia What can you expect in the years ahead as community means. It is a helping hand against journalists or those who dis- American citizens? Two things stand out: opin a time of need. It is a kind word in agreed with Putin—by saying: Well, portunity and individual freedom. These are a moment of distress. It is a welcoming that is no different than our country. the values which have brought people like embrace to calm a fear. We may be Well, Mr. President, I am proud to be your family and mine to America for more small, but in Vermont there is no limit a citizen of the United States of Amer- than two centuries. Let’s talk about both. to our compassion. ica, and we are different than Russia. Opportunity means the chance to work, to As with each of our 50 great Amer- go to school, to find a way to support your- You may have some ‘‘friendship’’ with self which has meaning for you, to have ican States, immigration is a rich part Vladimir Putin, but let me tell you money for your family, to rent or buy a of Vermont’s past. For decades, we right now, show some more respect to home, to educate your children and some day have opened our communities to immi- our country and to our Constitution. to retire with dignity. Because our economy grants and refugees. They have all be- There being no objection, the mate- is strong, there is room for you to find a come part of the fabric of our State. rial was ordered to be printed in the place which suits you. It is never easy, and They have enriched us with their di- RECORD, as follows: there are many disappointments along the way, but it is possible and millions have suc- verse cultures. REMARKS OF JUDGE GEOFFREY CRAWFORD AT ceeded before you. Since the President signed his dis- 2/1/17 U.S. NATURALIZATION CEREMONY, RUT- This is a very open society for workers. LAND, VT graceful Executive order that stymied One job leads to another. Your first job is our immigrant resettlement program Welcome—all of you—to your naturaliza- not going to be your last. You are already in and sent a shameful message to Mus- tion ceremony. You will all leave here as a select group—people who have chosen to lims that they are not welcome in our American citizens. We are very happy to income here and have the drive and enthu- country, I have heard from hundreds of clude you among us. Let me take a moment siasm to join us as citizens. The same energy Vermonters. Compassionate Vermont- to talk about a few things. which carried you through the naturaliza- First, although our theme today is one of tion process will help you in your search for ers, pleading that we continue our Ref- welcome and new beginnings, we should all ugee Resettlement Program and wel- a good job. start by considering both the difficulties of Now, let’s talk about freedom. Freedom come refugees of all religions, con- the journeys you have made and the richness means the chance to speak, assemble in cerned Vermonters, anxious about the of the backgrounds which you bring. First groups, worship, and engage in politics with- threats to our Constitution’s protected the journey. The Latin poet Catullus said it out fear of interference from the govern- freedoms and rights, nervous best: ment. Vermonters wondering what next steps ‘‘Multas per gentes et multa per aequora If I can make one respectful suggestion, it vectus’’ is that you use this freedom by getting in- this administration will take in the In English, name of security, but are just rooted in volved in a cause or a committee or a cam- ‘‘Carried through many nations and over paign. Maybe something local—like asking politically charged scare tactics. many seas’’ for a sidewalk where one is needed—maybe Vermonters have already proven that Your journeys have not been easy. Some of national—like volunteering on a political we will not back down. Marching in you have left family—all of you have left campaign. In case you haven’t noticed, we Montpelier and in Washington on Janu- friends and the comfort of familiar sur- are in the middle of a presidential race this ary 21, Vermonters’ voices were heard. roundings for this new place. Some of you year. There is a candidate for every possible are refugees from lands which are broken by political belief. I urge you to take part in In candlelit vigils across the State, war. Today we honor the commitment of our their empathy has been seen. At the any way that suits your own convictions and nation to welcoming and caring for refugees. interests. Freedom is strongest when it is naturalization ceremony on February Some of you experienced hunger, illness and 1, Vermont’s welcoming spirit could be used, not when it sits dusty on the shelf, and hardship. All of you come in search of a bet- we welcome your involvement in public life felt. ter life. But it would not be right to forget together. A man I admire greatly, Federal Dis- the value of the lives and communities from People who are born in the United States trict Court Judge Geoffrey Crawford, which you come. sometimes take it for granted. Like people gave stirring remarks at that natu- As we welcome you, we honor your herit- anywhere. Or they concentrate on our faults ralization ceremony, and the impact of age—your parents, your culture, and the and the unfair things about our society. New lands of your birth. You bring variety and those remarks are summarized by this Americans such as you bring optimism. You energy and new ideas to us. You know a lot would not have come if you did not see the one line, which he directed particularly that we do not know. You have had experi- to our new Muslim citizens: ‘‘You are chance for a better life for your family. One ences that we want to hear about. We are thing is certain—after the work to obtain equal in the eyes of the law.’’ Judge lucky that you have chosen to make your citizenship, no one here is going to take it Crawford’s message was simple: You lives here. We need each of you because of for granted. I ask that in the years ahead, are welcome. You are equal. You are what you will contribute to us—your work, you hold on to the hope and great expecta- protected. your ideas, your sense of humor, your food, tion we all share with you on this day. My fellow Vermonters inspire me your children. Thank you so much for coming to join us Let me speak directly about our new citi- today as American citizens. every day. We should all take note zens who are Muslims. What I have to say is from their example of what it means to simple: you are equal in the eyes of the law. Mr. LEAHY. Mr. President, I yield be patriotic Americans. You are just as welcome here as citizens as the remainder of my time to Senator So I ask unanimous consent that anyone else. Your faith and your right to SCHUMER. Judge Crawford’s remarks from the worship are honored and protected by our The PRESIDING OFFICER (Mr. February 1, 2017, naturalization cere- laws. We recognize that the Muslim faith is YOUNG). The Senator from Massachu- mony in Rutland, VT, be printed in the ancient and learned and that it has contrib- setts. uted greatly over more than a thousand RECORD at the conclusion of my re- Ms. WARREN. Mr. President, I rise years to our shared civilization. Muslim citi- today to call on my colleagues to remarks. zens and residents have served America for I look at Judge Crawford. Frankly, I more than two centuries in military service, ject the nomination of Betsy DeVos as have no idea what either he or the in scientific research, in literature and the the next Secretary of Education. other Federal district judge’s politics arts, in the professions, in commerce, in It is difficult to imagine a worse are. I just know they uphold the law. labor—in all the ways that we all contribute choice to head the Department of Edu- We are fortunate in this country to to the daily life of our nation. As Muslims, cation. Betsy DeVos doesn’t believe in have a Federal court system made up you have the same right as any other citizen. public schools. Her only knowledge of of men and women of integrity, com- These include protection from discrimina- student loans seems to come from her tion on the basis of your relations and your own financial investments connected petence, and independence. national origin and protection of your right I was shocked this weekend when the to worship freely. These protections are not to debt collectors who hound people President of the United States tried to empty promises. They form part of our con- struggling with student loans. Despite demean the Federal judiciary, tried to stitutional law. These protections are en- being a billionaire, she wants the downgrade an individual Federal judge forced every day by our courts. But let me chance to keep making money off

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That is why the Federal for her, that is apparently not enough. young people first, and that is not Government got involved in education She already makes money off of sev- Betsy DeVos. in the first place, to make certain that eral businesses that could profit from Let’s start with her record. Betsy all of our children, not just some of decisions she makes as Secretary of DeVos has used her vast fortune to un- them but that all of our children get a Education—several businesses, at least, dermine Michigan’s public schools. She chance at a first-rate education. that we know about. She said she will is sure she knows what is best for ev- Public education dollars should come get rid of the ones we know about, but eryone else’s children, even though she with some basic accountability for how she wants to keep her family trusts has no actual experience with public that money is spent and some basic ex- and whatever investments two of them schools. pectations about what we get in return hold a secret—a secret from Congress In Michigan, the K–12 policy she has for these investments, not just doled and a secret from U.S. taxpayers. She bankrolled has drained valuable tax- out to some for-profit school that says she doesn’t have to follow rules payer dollars out of the public schools doesn’t even meet basic standards in that everyone else follows and tell the and shunted that money into private educating our children. This is also Senate what her investments are or schools, sketchy online schools, and true in higher education, where the fi- what they will be in those secret for-profit charter schools. Even worse, nancial stakes are huge for America’s trusts. I want you to think about that DeVos believes these schools should get college students. for just a minute. She already has bil- the money with virtually no account- The Department of Education is in lions of dollars, but she won’t give up ability for what these schools do with charge of making sure that the $150 bil- her secret trust and her chance to taxpayer dollars. The results have been lion that American taxpayers invest in make investments that could create a disaster for Michigan kids. students each year through grants and conflicts of interest while she is run- Let’s be perfectly clear. This is not a loans gets into the right hands and ning the Department of Education? debate about school choice. It is not a that students get an education that Who exactly does Betsy DeVos want to debate about charter schools. There are will help them pay back their loans. help out—the young people of America The student aid program is not well people on all sides of this debate who or her own bank account? understood, but it is vitally important are genuinely pouring their hearts into You know, I really don’t get this. I to get it right because $1 trillion of improving educational outcomes for disagree with her education policy, but student loan debt currently out there children. Massachusetts charter the one thing we ought to be able to will impact the future of an entire gen- schools are among the very best in the agree on is that no one, especially not eration. country, and they understand the dif- Betsy DeVos has no experience in some billionaire, ought to keep invest- ference. higher education. During her confirma- ments that go up or down in value de- Before her nomination hearing, I re- tion hearing, I gave her the oppor- pending on the decisions she makes ceived an extraordinary letter from the tunity to show that she is at least seri- while she has a job working for the Massachusetts Charter Public School ous about standing up for students. I U.S. Government. Because of that con- Association. The letter outlines their asked her basic, straightforward ques- cern, I wrote a letter with several of opposition to Betsy DeVos’s nominations about her commitment to pro- my Democratic colleagues to raise con- tion, citing her destructive record of tecting students and taxpayers from cerns about her potential conflicts that promoting for-profit charter schools fraud by these shady for-profit col- aren’t clearly resolved by her public without strong oversight for how those leges. Her response was shocking. She ethics agreement. We asked her some schools serve students and families. refused to commit to use the Depart- simple questions about the lack of fi- People who work hard to build good ment’s many tools and resources to nancial transparency and the shady in- charter schools with high account- keep students from getting cheated vestments she plans to keep while she ability are offended by the DeVos nom- when fraudulent colleges break the has a government job. What did we get ination. This abysmal record is trou- law. back? Nothing. Zero. Bupkes. She bling because the Secretary of Edu- In her responses to my written ques- thought our basic questions about eth- cation is responsible for safeguarding tions, she even refused to commit to ics weren’t even worth an answer. That the investments that the Federal Gov- doing what the law requires by can- stinks. This whole process stinks. ernment makes in public schools and celing the loans of students who have At every step along the way, the Re- for holding States accountable for de- been cheated by lawbreaking colleges. publicans have made it clear that no livering a good education for all their An Education Secretary who is unwill- matter her inexperience, no matter her students, especially those who need the ing to cut off Federal aid to colleges radical views, no matter her potential help the most. that break the law and cheat students conflicts of interest, no matter her se- The Secretary is also responsible for would be a disaster for both students crecy, no matter her blowing off basic enforcing critical civil rights laws, like and taxpayers. Betsy DeVos’s refusal anti-corruption practices, they will the Elementary and Secondary Edu- to guarantee debt relief for defrauded ram this nomination down the throats cation Act and the Individuals with students could leave thousands of of the American people sideways. Here Disabilities Education Act, but Betsy Americans saddled with student loan are just a few egregious examples. DeVos’s confirmation hearing dem- debt that by law they are not required First, committee Democrats were al- onstrated to the entire world she is em- to pay. lotted 5 minutes—5 minutes total—dur- barrassingly unprepared to enforce Betsy DeVos also refused to rule out ing her hearing to question Betsy these laws. privatizing the Direct Loan Program. DeVos on her troubling record. Repub- Her apparent unfamiliarity with Think about this. As if our students licans suddenly invented a new rule these critical civil rights laws has ter- don’t have enough problems already, that we couldn’t ask additional ques- rified families who have children with DeVos is ready to let Wall Street banks tions. This is an important job. I asked special needs, terrified families in Mas- get their claws into our students and President Obama’s Secretary of Edu- sachusetts and all across the country. start charging extra profits on top of cation multiple rounds of questions, These parents are afraid we could have the already high cost of student loans. and he had led a public education sys- an Education Secretary who doesn’t If Betsy DeVos won’t commit to tem in the past, but I guess when a Re- even have a basic understanding of the strengthening the Federal student loan publican nominee and megadonor is in Federal laws that guarantee their kids program and running it for students, line to run education policy, we are a chance to receive a public school edu- then she is absolutely unfit to be in supposed to fall in line and keep quiet. cation. charge of it. Second, breaking with standard prac- We still have a long way to go to I am also deeply concerned about the tice and what we did for President make sure all kids in this country have conflicts of interest and potential gov- Obama’s Education nominees, we were

VerDate Sep 11 2014 03:01 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.016 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 6, 2017 CONGRESSIONAL RECORD — SENATE S697 forced to hold Betsy DeVos’s hearing strong public education because I have I also heard from Alexandra Loos, a before the ethics review of her billions seen how public education opened a special education teacher from Cam- was completed. The complicated ethics million doors for me, and I know it bridge. She had this to say: review raised a ton of additional ques- opens doors for young people in Massa- I am a special education teacher who tions, but we got absolutely no chance chusetts and all across this country. I works with children with developmental dis- to question her about it. believe that strengthening America’s abilities, and I urge you to vote against the Third, Betsy DeVos is the first nomi- public schools is critical for securing a confirmation of Betsy DeVos as Secretary of Education. nee ever to go through the HELP Com- better future for our children and for I have grave concerns about the qualifica- mittee who has flat-out refused to fully our grandchildren. I also understand tions of Ms. DeVos due to her lack of experi- disclose her financial holdings. She the vital role the Secretary of Edu- ence in the public education system as well will be the first nominee in recent his- cation plays in making sure every as her record of support for charter and pri- tory to hold secret trusts. She was sup- young person has real opportunities vate schools that are not obligated to follow posed to complete a form that requires and a fighting chance to succeed. Federal education standards or guidelines. nominees to list in detail all of their Most urgently, as a professional who spe- We are one vote away from making cializes in evaluating and treating children assets, investments, and gifts so that sure this job is not entrusted to Betsy with autism, Down syndrome, learning dis- the committee has a full understanding DeVos. One vote. We need just one abilities, ADHD, and other developmental of the nominees’ potential conflicts of more Republican to stand up for the and behavioral disorders, I am extremely interest. No, she wants to keep many children of America, to stand up for concerned about Ms. DeVos’s apparent lack of her holdings in a family trust a se- public education, to stand up for col- of understanding of the Individuals with Dis- cret, so she just won’t tell. lege students, to stand up for basic de- abilities Education Act (IDEA), the federal Fourth, Republicans ignored and cency and honesty in government. law that guarantees ‘‘a free and appropriate overrode the rules of the Senate in public education’’ to children with disabil- With just one more Republican, we can ities. During her confirmation hearing this order to barely squeeze the DeVos nom- say this Senate puts kids ahead of par- week, Ms. DeVos appeared to be unfamiliar ination out of committee as quickly as tisan politics. With just one more Re- with IDEA . . . stating that she felt that en- possible. And now, with at least 50 Sen- publican, we can say this Senate still forcement of this federal law should be left ators—Democrats, Republicans, and cares about public officials who put the up to the states. This is unacceptable and Independents—publicly opposed to this public ahead of their own interests. clearly indicates that Ms. DeVos is unquali- nomination, the Republican leadership fied to serve as Secretary of Education. Just one more Republican, that is all With approximately 13% of public school has rigged the vote so that Senator we need. Just one. children in special education, it is essential SESSIONS can drag her across the finish I assumed that the rush to complete that an Education Secretary be knowledge- line just before he is confirmed as At- this nomination has something to do able and supportive of the federal laws that torney General. Why is Senator SES- with the fact that Republicans’ phones guide special education services. Please vote SIONS even voting on this nomination? have been ringing off the hook from ‘‘no’’ on Ms. DeVos’s confirmation. It is a massive conflict of interest. As citizens who are outraged by the idea Yes, Alexandra. Yes. the AG, SESSIONS will be responsible of this nomination. Before these Re- My office also heard from Diana Ful- for enforcing the law against DeVos if publicans decide whether to help Don- lerton, a school adjustment counselor her cesspool of unresolved financial ald Trump reward a wealthy donor by from Salem. Diana said she had never conflicts results in illegal behavior, putting someone in charge of the De- written to a politician before, but she but apparently the Republicans just partment of Education who doesn’t felt strongly enough about Betsy don’t care. really believe in public education, I DeVos to write: Let’s face it: The Republican leader- want them to hear from the people of I am a school adjustment counselor in an ship wants DeVos, and they are willing Massachusetts, the people who on their elementary school in Gloucester. I have to ignore her hostility to public own have contacted me about this never gotten involved much in politics until schools, willing to ignore her indiffer- nomination. this election. I went to the Boston Women’s March on Saturday and this is my first time ence to laws that protect special needs I have received countless letters and kids, willing to ignore the giant ethical writing to a politician. I am extremely con- calls from constituents in Massachu- cerned about Trump’s nomination for Sec- cloud that hangs over her—ignore it all setts, including a batch of letters from retary of Education, Betsy DeVos. In my so that billionaire and Republican a new local grassroots organization— work I support students who are very vulner- campaign contributor Betsy DeVos can Essex County #6 Indivisible—that is able: on IEPS, in high-poverty environments, be Secretary of Education. The Amer- very concerned that Betsy DeVos is a identifying as gay or transgender, and com- ican people can see what is happening danger to our schools. So I just want to ing from backgrounds where English is a sec- here. share a few of those letters with my ond language. I believe that Ms. DeVos’ ex- I commend my Republican col- treme and uneducated positions on the needs colleagues right now. of students in public schools could harm my leagues, Senators COLLINS and MUR- I heard from Matt Harden, who is a children. Please vote against her nomination KOWSKI, for standing up for what is teacher from Plymouth, and he wrote as Secretary of Education. right and saying they will vote against this: Thanks, Diana. I will. Betsy DeVos’s nomination on the floor. I have been a teacher for fifteen years and I heard from another teacher from I know how difficult it can be to stand a parent for seven. I feel incredibly proud of Newton, who said: up for what is right even under over- the schools in the Commonwealth of Massa- I am opposed to Betsey DeVos as the next whelming pressure from your own team chusetts, and view my position as a music Secretary of Education. I have spent my en- to just keep your head down and go educator not simply as a job but a vocation. tire life as a teacher—first in public and pri- with the flow. They have been listening The recent referendum in the Common- vate schools for 14 years teaching French, to the teachers and parents in their wealth regarding the expansion of cap on then as a member of the faculty of Lesley States, and I deeply respect their prin- Charter Schools was soundly defeated by the University for 26 years, and now as a teacher cipled opposition to this nomination. electorate. I have grave concerns about Ms. in a Life Long Learning program at Bran- DeVos and her ties to corporate interests in I have also heard from thousands of deis. I cannot imagine having a Secretary of education. Schools are not businesses, and Education who has never had any direct edu- teachers, parents, and education lead- students are not products on an assembly ers in Massachusetts raising deep con- cational experience. I am also very worried line. This line of thinking is a clear and about her views of public education and her cern about Betsy DeVos’s nomination. present danger to our students, and reflects appalling record on civil rights. Strong edu- I hear their concern, and I share their a lack of familiarity with the public education is the foundation of our democracy. concern. cation system. Please do what you can to maintain and im- You know, this isn’t just politics, In this matter, my concerns are not lim- prove our current system. ited to the borders of our own state but the this is deeply personal. It is personal Thank you. for me. My first job out of college was equitable access to education across our nation. Ms. DeVos is not the right person to be Yet another teacher contacted our as a teacher. I taught little ones, chil- an intellectual and educational leader for office, this one from Abington. She dren with special needs, in a public ele- our nation—we need real change and ideas, wrote: mentary school. I have never lost my not privatization and politicization of our I believe in my community’s public appreciation for the importance of youngest and most vulnerable citizens. schools. In fact, I’ve worked in them as a

VerDate Sep 11 2014 03:01 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.017 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S698 CONGRESSIONAL RECORD — SENATE February 6, 2017 teacher for over 15 years. The nomination of rights are not and cannot become a partisan many pertinent issues and concepts—an inti- Betsy DeVos has me seriously considering a issue. Thank you for ensuring that public mate knowledge of which is required to change of employment. Betsy DeVos believes education for ALL will be protected. Somer- shape good educational policy. in school privatization and vouchers. She has ville, and Massachusetts, needs it. And we 3) Despite lacking both the prerequisite worked to undermine efforts to regulate won’t succeed with Betsy DeVos as Sec- knowledge and experience within the field of Michigan charters, even when they clearly retary of Education. education, she actively used her wealth to fail, and yet she has never worked in a Thank you, Kate. Thanks for writing. sway legislators in Michigan away from school. The marketplace solution of DeVos Samantha Lambert, a mother of four their initial support of bipartisan measures, will destroy our democratically governed from Everett, also contacted us with based on a broad coalition of informed par- community schools. Her hostility toward ticipants, to regulate and improve charter public schools disqualifies her. I am asking her concerns. Samantha wrote: schools. (For the record, I do support charter you to vote against the confirmation of I am a voter from MA who has struggled schools, but understanding that there is a Betsy DeVos. with the change coming as a result of this vast disparity in their quality, I see the need We also heard from parents all across election. . . . It is difficult to focus when for rigorous oversight.) Her efforts, I believe, the State, including Leslie Boloian, a there is a new outrage at every turn. have been more detrimental than beneficial mother from Andover. Leslie said: No one frightens me more than Betsy to the children of Detroit. DeVos. Why? The impacts of her ignorance 4) Her suggestion that enforcing IDEA I am a mother of an 8 year old who is and disdain for public education will remain should be left to the states is very troubling. dyslexic. She is smart and very capable of with us for a generation. I have 4 children, Such policy would leave our most vulnerable learning what other kids can learn; however, all educated in the Everett Public School students very far behind. she needs specialized education. Through the System, one of whom benefits from Special While I agree with Ms. DeVos that our edu- public school system, she is learning to read Education. cational system would benefit from some ad- and continues to reach new milestones daily. We have one opportunity to get it right ditional choice for parents, I think she’s I fear that Betsy DeVos could put my daugh- with our children. I was asked by a conserv- wildly mistaken if she believes a completely ter’s education at risk. ative friend who was curious why this ap- free market will fix our schools. We need a I urge you to oppose Secretary of Edu- pointment brought such a backlash, and the cation nominee Betsy DeVos, who is best Secretary of Education who believes in prop- answer was simple for me. Our job is to pro- known for her anti-public education cam- er oversight and can help create effective tect our children, the nation’s children. paigns! measures of assessment and accountability The chance for the success of a child Those unable to influence their future with a to improve education for all our children. should not depend on winning a charter lot- vote. There is no mandate for the destruc- That’s what the Department of Education is tery, being accepted by a private school, or tion of our most treasured institution, the for. To run it successfully, we need a Sec- living in the right ZIP code. It is our duty to foundation of our democracy. retary, unlike DeVos, who is well trained in My son deserves a free and fair education, ensure all students have access to a great the field. as do his siblings. As do their peers. The chil- public school in their community and the op- Thank you, Laura. dren in our school district are in the lower portunity to succeed. Betsy DeVos has con- socioeconomic rung. Many rely on public A mother from Clinton also wrote sistently worked against these values, and transportation and neighborhood public about how she would be personally af- her efforts over the years have done more to schools. That takes the choice out of school fected by Betsy DeVos, saying: undermine public education than support all choice, doesn’t it? It favors students on eco- students. I have an 8-year-old daughter with Autism Betsy DeVos has no experience in public nomic lines, furthering the divide and put- Spectrum Disorder who receives services schools, either as a student, educator, ad- ting an undue burden on the schools left be- through our public elementary school. I be- ministrator, or even as a parent. She has lob- hind who will struggle to serve the students lieve that every individual deserves an equal bied for failed schemes, like vouchers to fund that need this gift of education most. education. IDEA must be upheld! My daugh- The public hearing demonstrated that Mrs. private schools at taxpayers’ expense. These ter is doing very well with her studies be- DeVos is wholly unqualified for this appoint- privatization schemes do nothing to help our cause of the supports she receives. She is a ment. Her answers or lack of answers, spe- students most in need, and they ignore or ex- very smart girl but needs and deserves ac- cifically regarding IDEA and school choice, acerbate glaring opportunity gaps. commodations. I am thankful there are laws We need a Secretary of Education who will were frightening. As a parent, I was literally to protect her. champion innovative strategies that we shaking. Betsy DeVos thinks that states should de- My nine-year-old son was listening to a know help to improve success for all stu- cide how to fund education for individuals portion and heard Senator Hassan mention dents, including creating more opportunities with disabilities. I believe it should remain dyslexia in her question. He cheered and and equity for all. Betsy DeVos is not that federally mandated. I wouldn’t be able to af- asked if we were going to make sure all kids person, and I urge you to vote against her for ford a private education for my daughter in get special help to read. I couldn’t answer Secretary of Education. a special school. I know there are many more him because in her answer, Mrs. DeVos parents like me. Thank you, Leslie. seemed not to know that IDEA is a Federal I also opposed expanding Charter schools Kate Brigham, a mother from Somer- law protecting these beautiful minds. Pro- in our state. I believe publicly funded schools ville, also wrote. She said. tecting them from being a line item that can should be publicly run and overseen. My name is Kate Brigham, and I am a con- be wiped away, their future successes and I request you reject Betsy DeVos for Edu- stituent of yours from Somerville. . . . I’m achievements going right along with it. cation Secretary. writing to urge you to vote against Betsy I ask you, please oppose Betsy DeVos for Thank you. Education Secretary, for the good of ALL DeVos’ confirmation as Secretary of Edu- Another parent wrote to say: cation. The future of our kids here in Somer- our nation’s children. ville and across the country are depending Thank you, Samantha. Thanks for I am writing to express my strong opposi- on you to see the difference between edu- tion to the confirmation of Betsy DeVos as writing. Secretary of Education. She has dem- cation progress and privatization. We also heard from Laura The majority of America’s school children onstrated NO commitment to public edu- attend public schools. We cannot leave their Fukushima, a mother and former cation throughout her life, and her support futures and the future of our country in the teacher from Dedham. She wrote to of charter schools in Detroit has been a dem- hands of a woman whose ideas to privatize say: onstrated failure. The framing of for-profit school funding have already left the state of Before having my own children, I taught in charter schools as providing ‘‘choice’’ for Michigan and its children in shambles. Her public schools for five years—three in Boston parents is a false framing—it provides the il- personal financial conflicts of interest are and two in Tennessee (Sumner Country)— lusion of a poorly regulated and poorly su- staggering. and I’m writing to ask you to vote against pervised choice for some parents while lim- The Individuals with Disabilities Edu- confirming Betsy DeVos as Secretary of Edu- iting the resources and choices left to the cation Act—which DeVos did not know was a cation. other parents and leading to a downward spi- federal law—guarantees rights to both stu- It’s evident that Ms. DeVos is passionate ral in the quality of public education. Trans- dents with disabilities and to their parents. about education—judging from the enormous ferring public funding of education to for- So this isn’t just about civil rights; it’s also amounts of money she has poured into shap- profit charter schools, creaming off the chil- crucial to families. We cannot afford a Sec- ing policy—and I have no reason to doubt her dren of the most motivated parents, and retary of Education who’s ‘‘confused’’ on intentions are good. But that doesn’t qualify leaving the more difficult, lower income, and what the law is. My own 2-year-old daughter her for this job. Here are my concerns: children with special education challenges is benefits from MA’s wonderful Early Inter- 1) Aside from having no experience in pub- a prescription for failure of public schools vention program and will need special edu- lic schools, either as a parent or a student, and will result in herding lower-income stu- cation services when she turns 3 in Sep- she has no experience in any kind of school dents into dysfunctional schools, setting tember. as an educator. them up for a lifetime of underemployment. IDEA and the ADA were both signed into 2) At her confirmation hearing, she dem- I am not a teacher, nor a member of a law by Republican Presidents. Disability onstrated a lack of basic understanding of teacher’s union. I am a mother, and I was

VerDate Sep 11 2014 03:01 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.019 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 6, 2017 CONGRESSIONAL RECORD — SENATE S699 proud to send my son to the Brookline Pub- lieve in public schools and I believe that I am writing to you today as a public lic Schools for his entire K–12 education. I Betsy DeVos is not the right direction for school teacher and a Ph.D. Candidate in want other children to have a chance for a our public education system. She is dan- Urban Education, Leadership and Policy quality education, not to be the fodder for a gerous, and her lack of knowledge is appall- Studies. I believe in public schools. Betsy private, for-profit charter school with no ing. DeVos believes in school privatization and commitment to the public good. Also, and I thank you so much for asking vouchers. She has worked to undermine ef- Quality public education is the foundation about this at her hearing—student loans are forts to regulate Michigan charters, even of a free society and the key to sustaining a not a business, they are a crisis in this coun- when they clearly failed. The ‘‘marketplace’’ vibrant economy in the future. Please oppose try. My husband has a six figure debt, with solution of DeVos will destroy our democrat- the confirmation of Betsy DeVos. interest rates at 7.5 percent. He had to take ically governed community schools. She has A woman from Canton also wrote in. a job . . . rather than pursue his dreams of no professional experience in the education working in criminal justice because he need- field. She does not truly understand the nu- She said: ed a job that could pay his $1,000 a month ances of public education nor does she want As a parent of public school children, I student loan bill. Our saving grace is that I to understand. urge you to reject the nomination of Betsy have a good job, and my student loan debt is I managed to earn scholarships that took DeVos as Secretary of Education. A free and nearly paid off—because I was loaned a rea- care of most of my schooling, but I still have appropriate education is the cornerstone of sonable amount at a reasonable 2 percent in- about $80,000 in student loans. (Not bad for 2 our democracy, but Ms. DeVos has shown no terest rate. We are a case study in how the expensive private institution degrees!) I am a interest in preserving public education. In program should work vs. predatory lending. first generation college student and my sin- fact, she has worked tirelessly to divert pub- gle mother could not afford to help me pay That is so true. Thanks for writing. for my schooling. Betsy DeVos just doesn’t lic funds into private pockets by way of de- Liz Bosworth, a mother of two from regulating and expanding charter schools have experience in K–12 public schools, but and to offer vouchers which can be used at North Dartmouth, had this to say: she has no experience in running the student private and religious schools. This is a clear While I am fully aware that you do not loan department. The Federal student loan violation of our principle of separating support the nominations for many of Presi- program is far from perfect. We need some- church and State. dent Trump’s nominees, I am currently most one running it who is knowledgeable in the Ms. DeVos’s strategies have had disastrous concerned about Ms. DeVos. I watched parts process, believes in making college more af- consequences in Michigan. Eighty percent of of her hearing and I remain concerned that fordable, and understands what it feels like charter schools there operate for profit. there was a denial for a second hearing. I to not be sure how you will pay for college. When schools look first to satisfy investors, hope this leads to continued questions and a She has no qualifications of any kind in this they rely on teaching to standardized tests, final opposition of her as Secretary of Edu- area. I am asking you to vote against the con- not on educating children. Here in Massachu- cation. Your lines of questioning served to firmation of Betsy DeVos. Please consider setts, we overwhelmingly rejected the idea, highlight her lack of qualifying experience this request and the thousands of other peo- one funded by billionaires, and resisted by but still, in light of this last six month’s politics, I believe anything is possible. ple across the country who vehemently dis- parents and public school teachers. agree with Ms. DeVos’s candidacy. Please join us in opposing a ‘‘lead educa- As the mother of two small children and a tor’’ who has never gone to a public school daughter-in-law, niece, cousin, friend, and Thank you. nor sent her children to one. Please consider wife of public school teachers, I find her to Sarah Rothery, a mother of two from that the nation’s future depends on edu- be quite alarming and somewhat scary as the Northborough, told me about her two cating every child, and that to do so, we need potential leader of that office. We are strong sons, saying: to restore and strengthen our public school proponents of public education and of teach- I am writing to ask that you oppose the system, not dismantle it in favor of profiting ing our children to value their time in school confirmation of Ms. DeVos for the cabinet off the backs of our youth. and to achieve high levels of success. position for which she was nominated under With that comes some anxiety around President Trump. I have put 2 sons through Thank you. their aspirations to higher learning. As a It is no surprise that we also heard college thanks to Stafford loans and personal master’s level social worker, I will be paying savings and I think she has no idea what is from many constituents struggling off my loans until I start to pay for my son’s involved in middle class families financing with student loans. One of those was higher education. I do not want the debt for college educations today. One of my sons is Liam Weir, a college student from my children that I have. At this rate, I am now an 8th grade history teacher in a public Brighton, who had this to say: saving far much less money per month for charter school, Abbot Kelly Foster, in their college funds while paying off my own. As a college student and a resident of the Worcester, and worries that Ms. DeVos has I want my children to go higher than myself, State of Massachusetts, I am writing you to no real understanding of urban education as but I want them to do so with a level of con- express my deep concern over the potential well. fidence in their finances that I was not af- appointment of Betsy DeVos to the position Thank you, Sarah. Thanks for writ- forded. Ms. DeVos, highlighted by you in her of Secretary of Education. Ms. DeVos is ex- confirmation hearing, has not been involved ing. traordinarily unqualified to lead such a de- with student loans on any level and does not I have also heard from Alicia partment. The fact that the President has have the experience to become entrusted Bettano, a former student from chosen such a person, with no experience in with my current debt or the debt of my chil- Merrimac who bravely shared with me education administration in any capacity at dren. her own experiences. This is from any level, is an insult to the millions of Finally, I would like to highlight my ab- Alicia: teachers, students, and school administra- ject fear of the treatment of those students tors across the country. Ms. DeVos’s policies I suffer from a Non Verbal Learning Dis- with learning disabilities, particularly se- order. Up until I was 13 years old I was not will undermine already struggling public vere and profound disorders, if she is con- school systems by allocating taxpayer funds diagnosed with anything. I went to aides, firmed. While I see many walks of life in my speech therapists, everyone. I had trouble in to advance a cynical and deeply troubling field, my mother was a proud special edu- the maths and in sciences. I was thought of agenda against established science. I myself cation teacher in New Bedford for 33 years. as stupid. I was yelled at by aides. When I am a recipient of Federal college grants and She was proud to be able to teach life skills was 13 and diagnosed, my teachers didn’t un- loans, and I am growing increasingly con- like budgeting, simple cooking and social derstand. They thought sitting me closer to cerned about Ms. DeVos’s competency in skills to her students who may not ever be the white board would allow me to under- managing the looming student debt crisis. college ready. We worry about those kids and stand better, despite the fact that it was Now more than ever is a time for the Edu- what will become of them if Ms. DeVos is their teaching methods that confused me. I cation Department to be run by capable and confirmed. My husband is currently em- was told I would not go to college or grad- caring individuals, not willfully ignorant ployed in a collaborative that works with uate. My parents had to hire an advocate to ones. mentally ill children who need a different work for me to get my teachers and school A young mother from Winthrop also kind of educational process but can still to understand my disability. It took me reached out to us. She had this to say: achieve the same goals. I am not sure they some time to figure out what I wanted and I urge you to vote No on the confirmation would ever qualify for a voucher to attend needed, but in May I graduated college. Betsy DeVos would be a horror for those of Betsy DeVos, a singularly unqualified in- some Charter school. with disabilities; not just learning ones, but dividual . . . among a veritable sea of un- We are committed to families and commu- mental ones. I was lucky I had parents and qualified individuals this administration has nity maintenance of all students with the one teacher backing me. What about the chosen to lead our country. right care at the right time. I am not sure ones that don’t? Putting Betsy DeVos into My husband and I have no personal stake that Ms. DeVos is committed in the same office will hurt our children in America— in public education over the next 4 years. way. that’s not making America great. Our daughter is only 7 months old. But I am Please vote to oppose Ms. DeVos. the child of two public schoolteachers in RI, Thank you, Liz. Thanks for writing. Alicia, thank you for writing. I really my friends are teachers, my friends’ children I heard from another student in Bos- appreciate it. Congratulations on your are in school, my nephews, cousins, etc. I be- ton who told me the following: graduation.

VerDate Sep 11 2014 03:01 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.021 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S700 CONGRESSIONAL RECORD — SENATE February 6, 2017 A man from Brookline also wrote in, est levels of accountability and oversight NOMINATION OF NEIL GORSUCH AND THE saying this: that are the hallmark of the Massachusetts CABINET As someone passionate about education, charter system. Mr. MCCONNELL. Mr. President, By all independent accounts, Massachu- especially the education of students in Mas- President Trump’s outstanding Su- setts has the best charter school system in sachusetts, and as a graduate of a public ele- preme Court nominee Neil Gorsuch has the country. We are providing high quality mentary school, middle school, high school public school choices for parents across our earned high praise from all across the and college; as a young professional bur- state. Our urban schools are serving the political spectrum. dened by education debt; as the husband of highest need children in Massachusetts, and Some of it has come from unlikely an early childhood educator working in a are producing results that have researchers corners, whether Democratic Senators, struggling Boston neighborhood; as a mem- double-checking their math. These gains left-leaning publications, President ber of a family filled with men and women held across all demographic groups, includ- dedicated to careers in public education, I Obama’s own legal mentor, even his ing African American, Latino, and children strongly urge you to oppose Secretary of former top Supreme Court lawyer. We living in poverty. Education nominee Betsy DeVos. My vote have heard from those Gorsuch has The cornerstone of the Massachusetts for or against candidates in future elections taught. We have heard from many who charter public school system is account- will be informed by whether the candidate ability. The process of obtaining and keeping have worked alongside him. In fact, publicly opposed this Secretary of Education a charter is deliberately difficult. The state just a few days ago we received a letter nominee. from several of his former law col- Betsy DeVos has consistently worked Board of Elementary and Secondary Edu- against public education and she is incred- cation is the sole authorizer and historically leagues. So let me share some of that ibly unqualified for this position. At best, has approved only one out of every five ap- with you now. The letter began: she should be an undersecretary focused on plications. Once approved, each charter We are Democrats, Independents, and Re- public-private partnerships. If you must school must submit to annual financial au- publicans. work with the incoming administration, sug- dits by independent auditors and annual per- Many of us have served in government, gest her nomination for that role, but you formance reviews by the state Department of some during Republican and some during must oppose her cabinet-level appointment. Elementary and Secondary Education. Every Democratic administrations; some of us have DeVos has no experience in public schools, five years, each charter must be renewed served in both. We have clerked for Supreme either as a student, educator, administrator after a process as rigorous as the initial ap- Court justices and appellate and district or even as a parent. She has lobbied for, and plication process. For-profit charter schools court judges appointed by Democratic and been employed by, initiatives that have un- are prohibited by Massachusetts law. Republican presidents. We represent a broad dermined public education in America. Our schools have also created partnerships spectrum of views on politics, judicial phi- We need a Secretary of Education who will with many Massachusetts public school dis- losophy, and many other subjects as well. champion innovative strategies that we tricts to foster collaboration and best prac- But we all agree on one thing: Our former know help to improve success for all stu- tices sharing, and have forged an historic colleague, Neil M. Gorsuch . . . is superbly dents, including creating more opportunities Compact between Boston charter public qualified for confirmation. and equity for all. I urge you to vote against schools and the Boston Public Schools that He is a man of character, decency, and ac- Ms. DeVos for Secretary of Education. has become a national model. complishment, [one who represented all of Bipartisan support has been key to the de- What does Betsy DeVos have to say his clients] without regard to ideology [and velopment and success of the Massachusetts one] who merits this appointment. to Matt and Diana or to the thousands system. Created in 1993 by a Democratic Leg- Clearly, it is not going to be easy to of other teachers who have more expe- islature and a Republican Governor, public rience in public education than she charter schools have continued to receive paint Judge Gorsuch as anything but does? What does she have to say to Les- support from all Governors, Republican and extremely qualified and exceptionally lie and Samantha, whose children have Democratic alike, and Democratic legisla- fair, but that hasn’t stopped some on benefited from the programs she wants tive leaders. the left from trying. They started mus- to cut? What does she have to say to If the new President and his nominee in- ing about blocking any nominee before tend to advance the cause of school choice the President had even nominated any- Sarah, who relied on Stafford loans to across the country, they should look to Mas- put her sons through college? one. It is a good reminder that much of sachusetts for their path forward. the opposition we are seeing from far It is not just individuals who are The history of charter schools in Michigan worried about Betsy DeVos. We have offers a more cautionary tale. The same re- left groups and Democratic Senators heard from groups across the State as searchers from Stanford that declared Mas- isn’t so much about Judge Gorsuch as well. The Massachusetts Charter Pub- sachusetts charter public schools an unquali- it is about their dissatisfaction with lic School Association wrote me, say- fied success, had mixed reviews for Michi- the outcome of the election. ing this: gan’s charters. As a Washington Post headline re- According to media reports, last year Ms. cently declared, ‘‘Democrats’ goal with Dear Senator Warren, DeVos actively campaigned against bipar- court nomination: Make it a ref- As the Association representing the 70 tisan legislation that would have provided Massachusetts commonwealth charter public erendum on Trump.’’ more oversight for Michigan’s charters. If ‘‘[P]rominent Senate Democrats,’’ schools, we are writing to express our con- these reports are true, we are deeply concerns over the nomination of Elisabeth cerned that efforts to grow school choice the article read, are ‘‘giving the nomi- DeVos as U.S. Secretary of Education. We do without a rigorous accountability system nee’s 10-plus years on the U.S. Court of not express these reservations lightly, but will reduce the quality of charter schools Appeals for the 10th Circuit almost sec- we believe it is important to raise certain across the country. We hope you agree that ondary consideration.’’ It seems they issues that should be addressed by the nomi- quality, not quantity, should be the guiding believe their best, and perhaps only, nee. principle of charter expansion. Without high Both President-elect Trump and Ms. DeVos bet to bring down this highly qualified levels of accountability, this model fails. are strong supporters of public charter judge is by ‘‘inject[ing] Trump into the We ask that you use the hearing to probe schools, and we are hopeful they will con- process.’’ the incoming Administration’s intentions re- tinue the bipartisan efforts of the Clinton, The very next day, the New York garding education policy in general and Bush and Obama Administrations to pro- school choice and quality specifically. Times ran an article about Democrats’ mote the continued expansion of high qual- We’d be happy to provide you with more apparent hope that this Supreme Court ity charters while pursuing reforms that will information on the Massachusetts model and fight will be ‘‘More About Trump Than strengthen traditional public schools. would welcome a meeting with your staff to Gorsuch.’’ In other words, our Demo- But we are concerned about media reports brief them on our concerns. of Ms. DeVos’ support for school vouchers cratic colleagues are finding it hard to Sincerely, and her critical role in creating a charter oppose Judge Gorsuch on the merits, so Massachusetts Charter Public School Asso- system in her home state of Michigan that they are trying to divert attention and ciation Board of Directors. has been widely criticized for lax oversight invent new hurdles for him to sur- and poor academic performance, and appears The people of Massachusetts cannot mount. That is the playbook. Sure to be dominated by for-profit interests. afford Betsy DeVos. This is why I will enough, we see them running the play. As the senior Senator from Massachusetts vote no on her nomination and why I Consider the assistant Democratic and a member of the U.S. Senate Committee urge my colleagues to do the same. leader’s speech the other day. It was on Health, Education, Labor & Pensions Mr. President, I yield the floor. (HELP), which will hold hearings on the supposedly about Judge Gorsuch. He nomination, you will be in a position to en- RECOGNITION OF THE MAJORITY LEADER sure had a lot to say about President sure the nominee commits to holding the na- The PRESIDING OFFICER. The ma- Trump, about things President Trump tional charter school movement to the high- jority leader is recognized. has done, about things President

VerDate Sep 11 2014 05:14 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.022 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 6, 2017 CONGRESSIONAL RECORD — SENATE S701 Trump might do, about refighting old nominated them, just like we are see- frustration. More than that, on behalf battles but precious little about the ing with President Trump’s out- of the people we were sent here to rep- qualifications of the actual nominee standing Supreme Court pick. The resent—the American people—I regret before us, and precious little about the Democratic leader and his colleagues that petty politics has gotten in the increasing number of accolades he has are under a great deal of pressure from way of the ability of our colleagues been receiving, especially from well- those on the left who simply cannot— across the aisle to get over the fact known folks on the political left. I cannot—accept the results of a demo- that the election didn’t turn out quite mentioned several a moment ago. cratic election. They are calling for the way they hoped and to get back to Now we can add another to the list: Democrats to delay and punt and work on behalf of the American people. Alan Dershowitz, the famous constitu- blockade the serious work of the Sen- This week we will continue to grind tional scholar and longtime Harvard ate at any cost. They would like noth- our way through consideration of law professor. Dershowitz described ing more than for Democrats to con- President Trump’s nominees, despite Gorsuch as ‘‘highly credentialed and tinue to resist and prevent this Presi- the best efforts of our friends across hard to oppose’’ and dismissed the idea dent from moving our country forward. the aisle to obstruct and to slow walk. that he would be caricatured as some Unfortunately, many of our friends Because of their insistence on taking sort of ‘‘extreme right-wing [ideo- across the aisle have given in to these advantage of every possible procedural logue].’’ ‘‘[T]hat doesn’t seem to fit groups’ calls for obstruction, and some delay, they have tried to grind the Sen- what I know about him,’’ Dershowitz have even gone to unprecedented ate to a near halt, but we have over- said, adding that Gorsuch will ‘‘be hard lengths to delay for delay’s sake. They come that obstruction. We came to- to oppose on the merits.’’ Indeed, he have forced meaningless procedural gether early Friday morning and voted will. hurdles, they have stalled confirmation to move forward with the President’s That is precisely why our Democratic votes as long as possible, they have nominee for Education Secretary— colleagues are making the debate on postponed hearings, and they have even about 6:30 in the morning. It was a lit- his nomination about other things and boycotted committee meetings alto- tle earlier than we usually convene, other people. That is also why they are gether. Their excuses are ever-chang- but I am glad we were able to get it arguing that there are special hurdles ing, and some border on the absurd. done. for Judge Gorsuch to clear—hurdles ‘‘We don’t like the seating arrange- I am confident that we will get Mrs. they are forced to admit were not there ment,’’ they say. ‘‘We can’t be late to a DeVos confirmed soon. Then, thanks to for the first-term nominees of Demo- protest,’’ they argue. There was even former Democratic leader Harry Reid, cratic Presidents. some excuse about a YouTube video. the Democrats know they cannot block When even a leftwinger like Rachel Look, enough is enough. The Amer- these nominees from taking office. Be- Maddow can’t help but admit that ican people elected a new President cause of the so-called nuclear option, Judge Gorsuch is ‘‘a relatively main- last November. Democrats don’t have they reduced the voting threshold from stream choice,’’ when even Maddow to like that decision, but they do have 60 to 51, meaning that, with 52 Repub- characterizes a Democratic attempt to a responsibility to our country. The licans and, hopefully, with a little help filibuster his nomination as ‘‘radical,’’ American people want us to bring the from some of our friends across the it is hard to argue otherwise. That will Nation together and move forward. It aisle, every single one of President not stop many on the far left from try- is far past time to put the election be- Trump’s Cabinet nominees will be con- ing. hind us and put this President’s Cabi- firmed. We can take that to the bank. I invite Democrats, who spent many net into place, just as previous Senates All they can do, which is all they months insisting ‘‘we need nine,’’ to have done for previous newly elected have done up to this point, is to slow now follow through on that advice by Presidents of both parties. the process down for no reason other giving this superbly qualified nominee Mr. President, now I wish to say a than the fact that they can. Again, fair consideration and an up-or-down few words about one nominee whom we thanks to Senator Reid, all of the vote. It is time to finally accept the re- will be voting on tomorrow. The nomi- President’s nominees will be con- sults of the election and move on so we nee for Education Secretary, Betsy firmed. This type of behavior is really can all move our country forward. DeVos, is a well-qualified candidate pretty juvenile, if you ask me, and it That would also apply to other nomi- who has earned the support of 20 Gov- can’t actually accomplish anything. It nations before the Senate. Just before ernors and several education groups is a strategy in search of a goal. They the election, the Democratic leader from across the Nation. As Education don’t have any particular goal in mind, said he believed the Senate has a Secretary, she will be our students’ because at the end of the day, the ‘‘moral obligation, even beyond the foremost advocate, working to improve President will get the Cabinet that he economy and politics, to avoid grid- our education system so that every has nominated and deserves. lock.’’ Put simply, he said: ‘‘We have to child has a brighter future. After the vote tomorrow on Mrs. get things done.’’ Yet just a few Importantly, she also understands DeVos for Cabinet Secretary of Edu- months later, Democratic obstruction that our teachers, students, parents, cation, we will vote to confirm Senator has reached such extreme levels that school boards, and local and State gov- SESSIONS, our longstanding colleague, the smallest number of Cabinet offi- ernments are best suited to make edu- as Attorney General. In addition to cials have been confirmed in modern cation decisions—not Washington bu- him and the Education Secretary, we history at this point in a Presidency. It reaucrats. I have every confidence that have the Secretary of Health and is a historic break in tradition, a de- Mrs. DeVos will lead the Department of Human Services and the Secretary of parture from how newly elected Presi- Education in such a way that will put Treasury, too. These, of course, are key dents of both parties have been treated our students’ interests first, while also positions in the new administration. in decades past. strengthening the educational opportu- Now, 18 days after President Trump’s In fact, by this same point into their nities available to all of America’s inauguration, he still doesn’t have the terms, other recent Presidents from children. help he needs in these critical posts. I both sides of the aisle had more than I urge colleagues to join in con- believe this kind of mindless obstruc- twice as many Cabinet officials confirming Betsy Devos so that she can tion is actually irresponsible, if not firmed as President Trump does now. begin the very important work before downright dangerous. I know our President Obama had 12 Cabinet offi- her without further delay. Democratic colleagues said they con- cials confirmed at this point in his The PRESIDING OFFICER. The Sen- firmed General Mattis, the Secretary term, President George W. Bush had all ator from Texas. of Defense, and later on the Director of 14 Cabinet nominees confirmed at this THE CABINET AND CONGRESSIONAL REVIEW ACT the CIA and, yes, they finally con- point, President Clinton had 13, and Mr. CORNYN. Mr. President, I sat firmed the Secretary of State. But the President Trump has a mere 4. here and listened with interest to the Attorney General is part of the na- It seems this gridlock and opposition majority leader’s comments about this tional security Cabinet. They run a lot has far less to do with the nominees ac- strategy of obstruction and slow walk- of the counterterrorism efforts for the tually before us than the man who ing the President’s Cabinet. I share his Department of Justice.

VerDate Sep 11 2014 03:01 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.024 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S702 CONGRESSIONAL RECORD — SENATE February 6, 2017 This is not only irresponsible, but mately block recent regulations hand- brought up within that establishment. this is, I believe, dangerous. It should ed down by the Federal Government. Instead, he chose an outsider, someone also be an embarrassment. The Amer- That is what we did last week, and that much like himself but someone more ican people expect their Senators and is what we are going to continue to do. interested in results, rather than pay- Congress to do our jobs and fulfill the We can roll back many of the Obama ing homage to and feeding the edu- duties to those who we represent. If our administration rules that are killing cation establishment here in Wash- Democratic colleagues don’t want to jobs and stifling economic growth. ington, DC, and retaining the power support one of the very well-qualified At the end of last week, we repealed over the important decisions that nominees of the President, that is fine. the rule called the stream buffer rule, should be handed back down to the That is their right, but don’t slow walk which actually didn’t have anything to States, down to teachers, parents, and and slow down the institution of the do with streams. It was a job-killing students, as they choose how best to Senate just to score some political regulation that was more about stifling get to accomplish our universal goal of points or to feed some of the irrational domestic energy production, and I am making sure every child has a good rage that you see depicted in some glad we did away with it. education. quarters. On Friday, Congress passed another This fight isn’t about the quality of Dragging this out doesn’t do any resolution—one I was happy to cospon- education in our country. This fight, good. It won’t change the outcome, and sor. That was aimed at chipping away for those who are opposing Mrs. DeVos, it ill serves the American people. Let’s the regulatory burdens for our commu- is largely about whether we should re- get these nominations done so they can nity banks and other financial services tain power here in Washington, DC, so be sworn in and begin their service to organizations brought on by Dodd- that Washington can continue to dic- this new administration and, more im- Frank. tate to the States, parents, and teach- portantly, to the American people. I am all for transparency, but I am ers what policies they need to apply in In addition to our work on nomina- against laws that give advantages to our K–12 education system or whether tions, last week the Senate started to foreign companies over our own. This we are going to return that power back consider a number of measures to block Securities and Exchange Commission where it should be—back into the a host of regulations put in place by rule would have done that by forcing hands of parents, teachers, and local the Obama administration during the American companies to disclose con- school districts. last 6 months that President Obama fidential information that their foreign That is what this fight is all about. was in office. Under President Obama, competitors can keep under wraps. It That is why I am glad that tomorrow our country witnessed a volcanic profu- should go without saying that each of we will confirm Betsy DeVos as Sec- sion of rules and regulations that em- us want a level playing field for our retary of Education. Listen to what the powered unelected bureaucrats and businesses, which help to create jobs American people told us on November 8 shut out the voices of the elected rep- and grow the economy. That is why we when they said they didn’t want to resentatives of the people. blocked this rule. maintain the status quo because the The result? Job creators have less Of course, this and other resolutions status quo is not working for them, it freedom to operate and innovate and are the first few steps in a broader is not working for our economy, and, are instead suffocated by more and strategy to kill overbearing regula- certainly, it is not working for our more redtape and compliance costs. tions so that our innovators and our children, each of whom deserves a good That translates into a slower growing entrepreneurs aren’t suffocated by un- education. economy, which means less jobs and necessary paperwork and bureaucracy. Yes, Mrs. DeVos will shake things up which means the American people are That is part of what the American peo- a little bit but, more importantly, she the ones who get hurt, directly as a re- ple sent us here to do. Certainly, the is going to be part of this effort to result of this profusion of redtape and verdict they rendered on November 8 is turn power to parents and teachers and regulation. that they did not want a continuation to our local school districts. That is According to recent reports, the 600- of the status quo under the previous what this vote will be about tomorrow. plus regulations issued by the Obama administration. They wanted change. I yield the floor. White House came with a $700 billion It is integral to restoring our econ- The PRESIDING OFFICER. The Sen- pricetag for our economy. Our economy omy—the kind of change we are bring- ator from Utah. is not even growing at 2 percent. I ing about to restoring our economy REPEALING AND REPLACING OBAMACARE think this overregulation is largely re- and helping it grow for everyone. Mr. HATCH. Mr. President, I rise to sponsible because this profusion of reg- I look forward to working with the briefly discuss a number of ongoing ef- ulations hit businesses both big—they White House and with our colleagues as forts in the early days of the 115th Con- can absorb some matter of the costs— we continue to find new ways to build gress. It is a strange time to be work- but also small businesses, including up the American economy. ing on Capitol Hill, as strange as I have local community banks that are going Mr. President, if I can just close on seen in my four decades in the Senate. out of business on a daily basis because one last topic. I see some colleagues That is true for a number of reasons. they simply can’t afford to compete here wishing to speak. Tomorrow we Let me give you an example. Repub- and to pay for the countless lawyers to will vote on the nomination of Betsy licans currently control the Senate, comply with all of the redtape and the Devos to the Department of Education. the House, and the White House, and mindless regulation from the previous The Federal Government, through the are in widespread agreement about administration. It is not just financial Department of Education, funds about most major policy issues. Sure, there services. It is health care, it is agri- 10 percent of public education, because are details that need to be worked out, culture, and it is all sectors of the most of that comes from our States; both on the process and the substance economy. that is, the funding and the regulation on things like tax reform, trade, and of I am grateful that President Trump of education from kindergarten course health care reform, but by and has made it clear where he stands on through the 12th grade. What this fight large Republicans all have the same ul- all of this, and he has already issued over this well-qualified nominee is all timate goals for these key areas. Yet guidance requiring the government to about is power—as so many of these despite the overwhelming consensus cut regulations should it want to add fights in Washington, DC, are about— that exists on most of these issues, more: Cut two regulations for every and the desire to keep power over pub- there seems to be an obsession with ad- one you want to add. With President lic education in all of our States and vancing a narrative of a deeply divided Trump in the White House, Congress all across the country right here inside Republican majority. According to this can reverse many of the Obama regula- the beltway. popular narrative, House and Senate tions. That gives the American people I believe President Trump chose Republicans have completely different and our anemic economic growth some wisely, not because he chose another views on tax reform, Republicans in relief. education bureaucrat who knows all Congress oppose everything President Through the Congressional Review the acronyms and knows the arcanum Trump wants to do on trade, and Sen- Act, Congress can review and ulti- known to people who have been ate Republicans are deeply at odds on

VerDate Sep 11 2014 03:01 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.026 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 6, 2017 CONGRESSIONAL RECORD — SENATE S703 how to press forward on repealing and system. That being the case, no one Missouri and in the State of Pennsyl- replacing ObamaCare. should be trying to parse anyone’s vania, and I was also able to receive a As chairman of the Senate com- words or split hairs in order to manu- quality public higher education. With- mittee that is right in the middle of all facture divisions in the Republican out the opportunity to attend public these issues, I get asked to comment ranks on repealing and replacing universities in Pennsylvania and later on these matters, literally, dozens of ObamaCare. in West Virginia and in the State of times every day. The questions take I have little doubt that we can work Mississippi, I would not have been able many forms. Senator X says Congress through whatever differences do exist, to get a college education because my should do ‘‘blank’’ with ObamaCare. and, more importantly, I think we will. parents wouldn’t have been able to af- What do you think? Can the House’s I am not going to speculate today on ford to send me to a private college or tax reform plan pass in the Senate? the floor about what the final process university, just like they wouldn’t President Trump said ‘‘blank’’ today. or product will look like, but I will say have been able to afford to send me to Is that going to fly in your committee? that at the end of the day, only 3 num- private K–12 schools. These questions may seem straight- bers matter: 218, 51 and 1. Those are the I am grateful for the public schools I forward. However, the underlying ques- numbers of supporters we need at each attended and proud of the support my tion behind all of these lines of inquiry step to pass an ObamaCare repeal and parents and so many other parents is: Will you publically disagree with or replacement. have given to public schools across criticize another Republican so we can At this point, given what we cur- America. My children and grand- write another story about Republican rently know, I strongly believe that children have benefited from the great divisions? Matters such as repealing the process I described earlier—a full public schools in New Hampshire. and replacing ObamaCare or reforming repeal and a responsible transition, As Governor, I was proud to work the Tax Code are certainly important coupled with a sizable downpayment on with the Republican legislature to im- topics that are rightly under intense replacement, followed by a committed prove the public schools in the State of public scrutiny. However, given that effort to implement additional replace- New Hampshire. We expanded public these monumental efforts are still in ment policies in the coming months— kindergarten in our State because at the early stages, the fact that there are provides the best path forward to the time I became Governor, we didn’t have public kindergarten for all stu- some relatively minor differences of achieving those thresholds. Like I said, dents. We were able to open the door opinion shouldn’t be all that note- most Republicans in Congress agree for an additional 25,000 kids to go to worthy. The existence of these dif- with me. ferences in the initial stages of the We can discuss other ideas, and I am public kindergarten. We were able to process doesn’t significantly jeopardize happy to engage in that discussion, but increase funding for schools in New Hampshire during my time as Gov- the success of these efforts. The pur- those numbers—218, 51, and 1—have to ernor. I learned during those experi- pose of the legislative process—par- be the standard by which we judge any ences and also as a teacher—I taught in ticularly the process we use in the Sen- alternatives. And while I would love to public schools in Dover, New Hamp- ate—is to allow differences to be aired see the final product pass with even shire and also in Mississippi—the close and worked through so, at the end of larger numbers, and even with some connection between quality public edu- the process, consensus can be reached. Democrats onboard with us, those Differing views on some issues at the cation and a strong, growing economy. numbers give us a clear picture as to I taught in Mississippi in 1970. At beginning of the process are to be ex- how much consensus is necessary. that time, there was no requirement pected. Once again, they are hardly Once again, I think we can get there, for all young people to attend school. noteworthy. and I am continually working with col- So if you didn’t want to go to school, Case in point, Republicans are united leagues in both the House and Senate you didn’t have to. We saw the nega- in our desire to repeal and replace to make sure we do. tive impact that had on economic indi- ObamaCare. The vast majority of us With that, I yield the floor. cators in the State of Mississippi. want reforms that are more patient- The PRESIDING OFFICER. The Sen- Since then, the State has adopted com- centered and market-driven. As far as I ator from New Hampshire. pulsory education for students in Mis- know, pretty much all of us want to re- Mrs. SHAHEEN. Mr. President, I sissippi. But it was a great lesson to turn most of the authority for regu- come to the floor this afternoon to op- me to see how important good schools lating the health care system back to pose the nomination of Betsy DeVos, are and how they contribute to a the States. On some of the other ques- President Trump’s choice to be Sec- strong economy in this country. tions, let me make clear what my posi- retary of Education. I fundamentally As Governor, when I talked to busi- tion is just so there is no confusion on disagree with my colleague from Texas nesses in the State of New Hampshire, these points. I believe we should repeal who said earlier that this is a fight one of the things they told me that ObamaCare—including the taxes—and about power and who maintains power, they needed in order for their busi- provide for a stable transition period. I whether it is going to stay in Wash- nesses to succeed was a skilled work- believe the work to replace ObamaCare ington or whether it is going to be in force, young people who had a good should also begin immediately, mean- our State and local communities. education, who could learn advanced ing that our repeal bill should include In New Hampshire, we believe in skills on the job. They looked to locate as many ObamaCare replacement poli- local control of education. It is a bed- in communities where there was a cies as procedures allow. A more com- rock principle of our public education strong system of public education. plete replacement can and should be system. This fight, today, is not about I value public schools as one of our crafted in the coming months as we power in Washington versus power in Nation’s bedrock civic and democratic work through some of the more com- the States; this is a fight about wheth- institutions because they provide the plicated issues. That has been my posi- er we are going to continue to support best opportunity for kids from all tion since roughly March of 2010, when our public school system and our sys- walks of life to get a quality education. the final pieces of ObamaCare were tem of public higher education, or are They pass on to each new generation, signed into law. I have repeated it nu- we going to take the money out, the including the children of immigrants, merous times over the years. Moreover, support out, and divert it into private America’s shared ideals and values. I believe most Republicans in Congress and religious schools, and gut the pub- Regrettably, after careful study of share that same view. lic education system in this country? Mrs. DeVos’s record as an activist, I Do some Republicans have different My parents were part of the ‘‘great- have concluded that she doesn’t agree views regarding the proper order and est generation,’’ and they raised me in with this view of our public schools. procedure for this endeavor? I am sure post-World War II America. They un- She has no relevant experience as a they do. But I don’t know of a single derstood that the best way for my sis- teacher or as a leader in public schools. Republican who does not want to get ters and me to have opportunities for She has never attended a public school, rid of ObamaCare. I certainly don’t the future was to make sure we had a and she has not sent any of her chil- know any Republicans who are fine solid education. I benefited by going to dren to a public school. To the con- with the status quo in our health care great public schools in the State of trary, she has spent her entire career

VerDate Sep 11 2014 03:48 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.028 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S704 CONGRESSIONAL RECORD — SENATE February 6, 2017 and countless millions of dollars of her high-quality school experience, not just education, we need to look at a number personal fortune working not to im- those who live in wealthy communities or of models. I voted for New Hampshire’s prove public schools but to privatize who have parents savvy enough to advocate charter school law, but we should hold them, to weaken them by diverting on their behalf. them accountable just as we hold our public funds to private and religious Many of the letters I have received public schools accountable. We should schools. Given her past record, it are from parents who are outraged by ensure that they do not drain resources makes no sense to put Mrs. DeVos in Mrs. DeVos’s comments on the Individ- from public schools. charge of the Department of Education uals with Disabilities Education Act, There was a report that came out in unless the aim is to devalue, defund, which is one of the landmark civil 2013 that was done by a working group and perhaps eventually destroy our rights laws of the 20th century. In re- under the auspices of the Annenberg public schools. I think that is unac- sponse to a question from my col- Institute for Social Reform. They un- ceptable. league, Senator HASSAN, Mrs. DeVos covered similar challenges across char- In my State of New Hampshire, sup- made it clear that she was unaware ter schools. They found that there was port for our public schools is bipartisan that that law was a Federal law and uneven academic performance; that and it is passionate. In rural commu- that it governs all our public schools in some of them had overly harsh dis- nities and small towns and our cities the United States. cipline practices; that funding some- across the State, public schools are in- IDEA ensures that children with dis- times destabilized traditional schools; stitutions that have strong support abilities have the opportunity to re- that there was a lack of transparency within our communities. They are a ceive a free appropriate public edu- and oversight that led to conflicts of big part of our communities’ identities cation and that they are accommo- interest and, in some cases, fraud; and and shared experiences. Across cen- dated in our schools and classrooms, that many of them practiced policies turies and generations in the Granite just like all other children. In her tes- that kept students out for various rea- State, public schools have been at the timony, Mrs. DeVos said that decisions sons. Mrs. DeVos was one of the architects heart of our common civic life. about how to treat students with dis- I think it is not surprising that my abilities should be left to the States. of Michigan’s first charter school law office has been inundated with letters, Can you imagine? What would happen in 1993. It has been widely criticized for lacking accountability and safeguards emails, and phone calls strongly oppos- in States that decide they don’t want for students. In her confirmation hearing the DeVos nomination. My office to make sure that those students can ing, Mrs. DeVos refused to agree that has received more than 4,000 letters go to school? I received this message from for-profit charter schools should be and emails from Granite Staters. That Marilyn, who lives in the western part held to the same standards as public may not seem like a lot to somebody of New Hampshire. She says: schools. Just as disturbing is her sup- from the State of California, but from port for school vouchers, which would the State of New Hampshire, to have Thank you for opposing the confirmation of Betsy DeVos as Education Secretary. She siphon funding from public schools and 4,000 letters and emails on a nomina- is a dangerous, unqualified choice. As the divert it to private and religious tion is unheard of. And almost all of parent of a daughter with Down syndrome, I schools. them oppose this nomination. In addi- fear for the future of IDEA if DeVos is in Advocates of vouchers like to call it tion, we have received 1,405 telephone charge. school choice, but, in practice, parents calls in opposition and only 3 in sup- Ashley Preston, who was the Teacher have learned that choice is not a report. I am impressed not only by the of the Year in New Hampshire in 2016, ality. Florida, under Governor Jeb volume of constituent messages but by wrote this to me: Bush, was the first State to enact a the intensity of their opposition. If our Secretary of Education does not un- statewide voucher system, and nearly Megan is a social studies teacher in derstand and value the importance of Fed- 93 percent of private and parochial New Hampshire. She writes: eral laws such as IDEA, how can we expect schools in Florida—after that law—re- Mrs. DeVos clearly lacks even a basic un- states and local school districts to do that? fused to accept any voucher students. derstanding of Federal education policy, These are the elements crucial to ensuring In New Hampshire, we have parts of the best chance for our future. laws and instructional practices. She has no the State where, if we don’t have pub- relevant experience. There is just no way I Mr. President, the Department of lic schools, there are no other choices would ever be certified to instruct students Education has oversight not only of K– in New Hampshire if I lacked as much knowl- for our students. I don’t care whether 12 public schools but also higher edu- you have a voucher or not. You can’t edge and experience in my field. But she gets cation, including a portfolio of more to be the nation’s chief educator? How is this drive 3 or 4 hours to get to the closest good for kids? than $1.2 trillion in Federal student private school. loans. I have had the opportunity not Roger is a retired public school So let’s be clear: Vouchers and other only to teach in our K–12 schools but to teacher from the central part of my privatization schemes advocated by work in public universities in New State, and he writes: Mrs. DeVos are not about pedagogy; Hampshire and in private universities. they are about ideology. They are all Please reject DeVos because she is anti- Listening to Mrs. DeVos’s testimony, I public education in word and in practice, about disdain for what many voucher lacking the understanding of the public edu- was appalled by her lack of under- advocates like to call government cation system and having no understanding standing of higher education policy. schools. Well, what they call govern- of the dreamers sitting in public schools this She acknowledged that neither she nor ment schools are our public schools. morning, creating their own American her children had ever received a Fed- They are schools that our communities dreams, learning of the promise and justice eral loan or Pell grant. And this is the have created and control locally for the that is America. worst part: When asked to commit to education of their kids. Sam from our Seacoast region writes: enforcing rules that ensure students What Mrs. DeVos fails to understand It is important that we maintain a strong are not cheated and end up with no deis that quality education has nothing public school system. This is not a partisan gree but a mountain of student debt— do with whether a school is public or issue. Any person, regardless of party, can in other words, the predicament of stu- private. We have public schools in New see that Miss DeVos is unqualified to fill the dents who went to Trump University Hampshire that can do better, and we position. You need to vote ‘‘no’’ to save our and so many other for-profit colleges— have public schools that are world education system. she refused to do that. She refused to class. The same can be said about our Mike from one of our university say that this is something that we private schools in New Hampshire. But towns writes: should support as a policy in America. what counts in public and private I am really concerned that we might have I am also deeply concerned by her schools alike are high-quality teachers, someone with so little experience in edu- support for charter schools that are not support from parents and communities, cation and with seemingly anti-public edu- accountable and her reputation as ‘‘the cation views as our next education leader. I facilities where kids can learn and be fear that a DeVos confirmation will only ex- four-star general of the voucher move- safe, rigorous academic standards, and acerbate the already segregated school expe- ment.’’ I believe there is a role for the resources to make sure that chil- riences that children have in our country. I charter schools. I think as we try to dren get the instruction they need, in- want all students to have a fair shake at a improve our public system of higher cluding individualized assistance for

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In ad- education in America, because she is ticular, our rural schools. dition to providing significant Federal driven by an ideological hostility to Let me be clear: I support innovative dollars to local school districts, the our public schools, she is the wrong models for improving our education Federal Government plays a critical person to serve as our Secretary of system but only when those models are role in preventing discrimination and Education. proven to work. For example, I worked creating opportunity. I intend to vote no on the nomina- hard to ensure that all children have Federal education laws play a vital tion of Mrs. DeVos, and I urge my col- access to the skills and education that roll in ensuring that all students have leagues on both sides of the aisle to are vital to joining the modern work- equal access to learning opportunities, join me in rejecting this unqualified force and competing in today’s global laws like the landmark 1975 Individuals nominee. economy. I introduced legislation that with Disabilities Education Act, or I yield the floor. will reduce the price tag for higher IDEA. The PRESIDING OFFICER. The Sen- learning by allowing students to com- Before the enactment of IDEA, too ator from Michigan. plete college-level courses while they many of our children with disabilities Mr. PETERS. Mr. President, I rise are still in public high school. were denied the chance to learn from today to speak in opposition to the The Making Education Affordable our broader communities. Likewise, nomination of Betsy DeVos for Sec- and Accessible Act will help students our broader communities were denied retary of Education. My reason is very save time and money as they kick- the chance to learn from these youth simple: Mrs. DeVos lacks the experi- start their careers through a very per- and the extraordinary perspectives and ence required to oversee the Depart- sonalized curriculum. Whether an contributions they offer to American ment of Education, an agency that early-middle college program or a dual society. Now, thanks to IDEA, 6.5 million of serves over 50 million public school and concurrent enrollment program, our children, or 13 percent of all public children across America. these models help traditional public school students, are not condemned to Despite spending many years giving school students save money and get a life of isolation or mere accommoda- hundreds of millions of dollars to back ahead by earning college credits while tion. Instead, Federal law ensures that political candidates and ballot initia- they finish their high school education. tives that support unproven education These programs are typically run by every child has access to the resources policies, she remains shockingly unfa- a local school district or an inter- he or she needs to become productive and included members of our increas- miliar with Federal law and even some mediate school district and are offered ingly diverse 21st-century society. very basic education concepts. Edu- at little or no cost to the student. They IDEA assists public schools with of- cating our children is an incredibly im- also help students identify their major fering high-quality special education portant job, and we need someone who or interest area sooner so that they can and early intervention services for is experienced, prepared, and well complete their college degree and grad- children with disabilities from birth to qualified to lead the Department of uate as much as 1 year earlier. Across age 21. As a result, IDEA is responsible Education. the State of Michigan, students are for millions of youth with disabilities As I have said before, Mrs. DeVos has participating in more than 90 early and graduating from high school, enrolling no experience in public education at middle college programs, programs in college, and finding jobs as valuable any level, not as a teacher, not as an that are proven to significantly in- participants in the American economy. administrator, not as a student, not as crease high school graduation rates. But IDEA will not enforce itself; it is a parent, not as a school board mem- Jobs for the Future found that, na- the responsibility of the Department of ber, and not even as a borrower of pub- tionally, 90 percent of early college Education and its leadership to mon- lic loans for college. students graduate high school versus 78 itor, evaluate, and provide technical Ask any parent; our children are percent nationally. This is just one ex- assistance to States, making sure that what we hold most dear. It only makes ample of the kind of innovative ap- our schools are offering learning oppor- sense that the individual whom we en- proach with proven results that policy- tunities that meet every student’s trust with our children’s education makers should support to improve edu- needs. should have at least some—some—ex- cation outcomes. It is the responsibility of the Senate perience in public education. Mrs. Education reform must be driven by to determine whether Mrs. DeVos can DeVos has absolutely no experience—I data and validated outcomes and not carry out this task and live up to the repeat, no tangible experience—with by political ideology. Our primary creed of ‘‘forever encouraging’’ edu- neighborhood public schools. In fact, focus must always be on increasing op- cation. Unfortunately, Mrs. DeVos has her only experience in education is her portunities for the millions of students demonstrated little comprehension of work lobbying for the transfer of tax- in our neighborhood public schools. the Federal role in protecting students payer money to private schools. Given Mrs. DeVos’s history of sup- with disabilities’ equal right to an edu- She has also pushed for the rapid ex- porting policies that undermine tradi- cation. This became evident when she pansion of charter schools without suf- tional public schools and the commu- was asked directly about IDEA during ficient accountability to parents and to nities they serve, I do not think she her confirmation hearing, and Mrs. students, which brings me to her track would act in the best interests of DeVos tried to excuse her erroneous record in my home State of Michigan. American students. answer by saying, ‘‘I may have con- Mrs. DeVos has pushed for school Michigan has been devoted to great fused it.’’ Every student knows the im- vouchers to send our public tax dollars public education for generations, a portance of doing their homework, to private schools. Her staunch advo- commitment that stretches back to studying for their exams, and prac- cacy for the use of taxpayer funding for even before the founding of our State. ticing for any class presentations in private and charter school systems Some of our State’s earliest pioneers, advance. Every educator knows that earned her the nickname as the ‘‘four- including my ancestors, settled under the answer ‘‘I may have confused it’’ is star general of the pro-voucher move- the guidance of the Northwest Ordi- not a response that leads to a passing ment.’’ nance, which stated that ‘‘schools and grade. The vast majority of children in the means of education shall forever be With the stakes as high as they are, Michigan and in the United States at- encouraged.’’ Our Nation has strived to it is clear that Mrs. DeVos did not do tend neighborhood public schools. live up to this creed ever since, hon- her homework. She did not study for Voucher programs rob these children of oring the fundamental truth that all of her potential role. She did not practice the resources they need to receive our children have the right to an edu- for her interview with the Senate com- high-quality education near where they cation no matter who they are, where mittee and, most importantly, the

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They wrote: mind is revealed; when traveling, a per- wrong. ‘‘This is especially concerning given son’s character is revealed; and when I take my responsibility under the that the Individuals with Disabilities you pray, the person’s heart is re- U.S. Constitution to provide advise and Education Act and title IX, which en- vealed. I have come to know Senator consent to the President very seri- sure that all students’ educational ex- SESSIONS as a God-fearing family man ously, and I know my colleagues here periences are free of discrimination who puts others before himself and has in the Senate do so as well. Given Mrs. that impede learning, are not of value a deep respect for the rule of law. DeVos’s weak performance in her inter- to Mrs. DeVos.’’ I cannot agree more Family man—every time he has a view before the American people and with her fellow alumni. grandchild, his wife and my wife talk her inability to demonstrate a basic My office has received over 8,000 calls about our competing grandchildren. understanding of key education con- in opposition to the nomination of He helps those in need and makes cepts, I do not think we can give her a Betsy DeVos, and I am sure my col- sure that the legal system is protecting passing grade. leagues have also heard from thousands our citizens and holding criminals ac- As Senators, we do not operate under of their own constituents all across countable. a model of social promotion under this country. The American people are A person only needs to look at the which we pass an unqualified indi- making their voices heard, and they legislation and causes he has cham- vidual to a higher office simply be- are telling the Senate that Mrs. DeVos pioned to know him. He played a key cause they showed up. Perhaps this is is not the right choice to lead the De- role in fighting for fairness and funding why Mrs. DeVos’s nomination is ex- partment of Education. I urge my col- for the rural HIV/AIDS patients when pected to see the most bipartisan oppo- leagues to listen to their constituents negotiating a reauthorization of the bi- sition to her confirmation of all of the who are forcefully—forcefully—reject- partisan Ryan White CARE Act. His President’s nominations to date. ing Mrs. DeVos’s misguided vision for advocacy brought funding to low-in- Mrs. DeVos’s response regarding neighborhood public schools in Amer- come, mostly African-American women IDEA during her confirmation hearing ica. who did not have easily accessible I will be standing with the people of was not the only response that I found health care before. Senator SESSIONS alarming. As the father of two college- Michigan, and I once again call on my has been an author and supporter of age daughters, I am extremely con- colleagues to join the bipartisan oppo- many pieces of bipartisan legislation, cerned about ensuring that our college sition to Mrs. DeVos’s nomination. Our including protecting victims of child campuses provide safe environments children’s future depends on it, and for abuse, reducing prison sentences for where students can learn and grow. their sake, please vote no. those who are unfairly targeted, and Mr. President, I yield the floor. I was shocked by a recent com- The PRESIDING OFFICER (Mr. helping the families of our fallen mili- prehensive report done by one school tary personnel. LANKFORD). The Senator from Okla- that found that over 20 percent of fe- homa. As a member of the Senate Armed male undergraduates experienced un- Mr. INHOFE. Mr. President, I believe Services Committee, Senator SESSIONS wanted sexual contact. Sadly, this Betsy DeVos is going to be an excellent has become a fierce advocate for keep- problem is not confined to one school. Secretary of Education. ing our country safe from terrorism, It is a public safety and health crisis NOMINATION OF JEFF SESSIONS and he understands the risks we face. that we must immediately take action Mr. President, I have been fortunate In fact, Senator SESSIONS is tough on to address. enough to get to know JEFF SESSIONS crime and is well suited to oversee Fed- The Department of Education has over the past 20 years. Not only is he a eral law enforcement activities and to taken important first steps to combat colleague whom I admire and respect, assist local governments in their ef- the prevalence of campus sexual as- he is also one of my very best friends. forts. sault by opening investigations in over I actually suffered through with him Violent crime has recently been in- 200 schools and publishing guidance to back when he had a nomination that creasing. Furthermore—and I just ensure that universities are affording was rejected by this body many years found this out—the shooting deaths of students title IX protections, the free- ago. police officers has increased by 68 per- dom from discrimination on the basis As you know, Senator SESSIONS has cent just in the last year, between 2015 of sex and freedom from sexual vio- been nominated by the President to be and 2016. That is pretty remarkable. lence. the next Attorney General of the These trends are unacceptable, and Mrs. DeVos apparently has a dif- United States. It is an incredible Senator SESSIONS has pledged to re- ferent reaction to the threats many honor. There is no doubt in my mind verse the course by strengthening the young students face while pursuing that my friend will be perfect for the partnership between Federal and local their higher education. As we saw dur- job. He is more than qualified for this law enforcement and by going after ing her confirmation hearing, she said position, and I know he will keep his drug traffickers, aliens who violate the it is ‘‘premature’’ for her to say if she word when he says he plans to uphold laws, and criminals who use guns to will choose to uphold the Department the laws we pass in Congress. commit crimes. of Education’s guidance on preventing Senator SESSIONS was elected to the There is no question that Senator sexual violence. This is completely un- Senate in 1997. That was 2 years after I SESSIONS is qualified to do what he acceptable to me as a Senator rep- was elected, and we have been very says he will and what the job asks of resenting over 500,000 undergraduate close friends ever since. For 20 years him. He served as a U.S. attorney for students attending one of Michigan’s now, we have known each other and Alabama’s Southern District, and he outstanding colleges and universities, worked alongside each other on both was also Alabama’s attorney general, and this is completely unacceptable to the Senate Armed Services Committee so he clearly knows the job. He doesn’t me as a father. and the Environment and Public Works have to be trained. It is because of his It is also unacceptable in the eyes of Committee. Those are the two major previous experiences that he will be over 1,000 graduates of the same school committees we have been on. He is able to transition from a partisan leg- in Michigan that Mrs. DeVos attended seated just to my right in each one of islator to our Nation’s top law enforce- herself: Calvin College. Calvin College the committees, and, as the Chair ment officer with great ease. alumni from the class of 1947 to the knows, you get to know a person pretty Countless groups of people have come class of 2020 sent my office an extensive well when you have been sitting there out to support the nominee: the Fra- petition expressing their deep concern for these 3- or 4-hour-long meetings. So ternal Order of Police, the National with Mrs. DeVos’s nomination. In their we have had that relationship with Sheriffs’ Association, former U.S. at- letter, these alumni presented several each other. torneys, a former FBI Director, current

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Scalia a year ago, it was clear that the In siding with Hobby Lobby against So I would like to take a minute to Presidential election would be about ObamaCare’s contraceptive mandate, point out that it is cruel and unfair the direction of the Supreme Court for Judge Gorsuch stressed the point that that people have tried to paint a pic- the next generation or maybe even gen- it is not for a court to decide whether ture of Senator SESSIONS as someone erations. With the results of the elec- the owners’ religious convictions are and something he is not. I think this is tion—the Republican President and Re- correct or consistent, but instead the something that needs to be said. publican Congress—the American peo- court’s role is ‘‘only to protect the ex- The man the opposition has painted ple have entrusted us to confirm a Su- ercise of faith,’’ and the Supreme Court does not exist. You all know JEFF SES- preme Court Justice who will adhere to agreed. SIONS. You know that the awful things the rule of law and will not try to read Again, Judge Gorsuch defended the being said about him are completely between the lines when interpreting religious beliefs of the Little Sisters of false. In fact, back in 1981, the Ku Klux legislation or the Constitution. With the Poor in his dissent of the Tenth Klan ordered the tragic, extremely the selection of Judge Gorsuch, I be- Circuit’s refusal to rehear their case undeserved murder of a young African- lieve President Trump has picked such against the Obama administration re- American man by the name of Michael a Justice. The President might not garding the same mandate that Hobby Donald. Because of Senator SESSIONS’s know or remember, but George W. Lobby was contesting. help and support, these Klan members Bush nominated Judge Gorsuch to his Time and again, Judge Gorsuch has were convicted and given either life current position, and the Senate con- defended religious expressions in public sentences or the death penalty. That is firmed him unanimously by voice vote. space. In addition to defending the JEFF SESSIONS. Furthermore, he later We went back and looked at the record, First Amendment protections regard- played a major role in the destruction and no one voted against him. ing the free exercise of religion, he is of the Ku Klux Klan in Alabama when There is no question that Judge also skeptical of the idea that agencies he helped bring a civil suit against Gorsuch is qualified for the Supreme should be given a wide latitude when them. As a result, the KKK went bank- Court. He is a graduate of Columbia interpreting statutory language. In a rupt, and he caused them to fall apart University, Harvard Law School, and recent opinion, Judge Gorsuch sug- in that region. Again, those were JEFF Oxford. He clerked for Judge Sentelle gested that the precedent of the judici- SESSIONS’ efforts. of the U.S. court of appeals for the DC ary to give deference to agencies on Before we vote on the confirmation Circuit. He clerked for Supreme Court statutory interpretations limits the of our friend and colleague, I ask that Justices Byron White and Anthony courts when reviewing the legality of you all take a moment to seriously re- Kennedy, so he knows the job. There is agency actions. Gorsuch believes it is flect how Senator SESSIONS has worked no need for on-the-job training for him. for Congress to write the laws, the ex- diligently with you over the past two He has been in private practice. He ecutive to carry them out, and the ju- decades and how perfectly qualified he has been a principal deputy to the As- diciary to interpret them, just as our is for this position. sociate Attorney General and Acting Founding Fathers intended. As for me, I thank him for his tire- Attorney General at the U.S. Depart- I look forward to working with my less efforts in Congress, for his friend- ment of Justice. colleagues to move Judge Gorsuch’s ship, and for his fellowship. He will go Much like the Justice he has been nomination forward. He is going to be down as one of the truly great U.S. At- nominated to replace, Judge Gorsuch confirmed, and he will make a great torneys General in this country’s his- has become known for his writing Justice of the U.S. Supreme Court. tory. style. One of his former law clerks said With that, Mr. President, I yield the Mr. President, there are a lot of that his ‘‘favorite aspect of the judge’s floor. other nominees whom I have gotten to writing is his ability to humanize dis- The PRESIDING OFFICER. The Sen- know. I had an experience of actually putes.’’ ator from Michigan. going to Trump Tower and getting to It appears that Gorsuch has more in Ms. STABENOW. Mr. President, be- know some of the people who advise common with the late Justice Scalia fore my colleague from Oklahoma him. As I looked around the table, I than just writing abilities. He has said leaves the floor, while we disagree on saw people who were the right kind of that ‘‘assiduous focus on text, struc- this current debate in terms of voting, people in health care, the right kind of ture, and history is essential to the I just have to say when I see him that people in energy, and the right kind of proper exercise of the judicial func- I constantly thank him for his efforts people in the military to give him ad- tion.’’ That judicial philosophy has last year to work with us for the com- vice in areas he might not have been been borne out in his record on the munity of Flint. We are finding some exposed to in the past. Tenth Circuit. hope in terms of replacing and address- And I just noticed that it has been My home State of Oklahoma is with- ing the lead contamination, and with- very slow. I was not aware of this until in the Tenth Circuit jurisdiction, so we out the distinguished Senator from a few minutes ago, that apparently the know him very well. Oklahoma is the Oklahoma, that literally would not Cabinet confirmations are the slowest home of Hobby Lobby. Everyone is fa- have happened. We have things we dis- since George Washington. This is some- miliar with what Hobby Lobby is. A lot agree on and agree on, and this one— thing that is really wrong. You can of people don’t realize this, but it coming together with the families of criticize someone, but after a while, started out when I was in the State Flint, particularly with the children you just go ahead and you know the legislature. The Greens, who have and the water impacts—he will always votes are there, and you make sure Hobby Lobby, started out in their ga- have a warm place in the hearts of all that you go ahead and do it. rage. At that time, they were putting of us who care deeply about that issue. NOMINATION OF NEIL GORSUCH together things that they could I thank my colleague very much. Mr. President, I would say this to the frame—miniature picture frames and Mr. President, I want to speak today Presiding Officer, since he and I are that type of thing. With a loan of $600, about the nomination of Betsy DeVos. both from Oklahoma, which is in the David and Barbara Green began mak- Betsy DeVos’s nomination is very per- Tenth Circuit: Last week President ing miniature picture frames. sonal to many people who live in Trump announced that he was nomi- Today, Hobby Lobby is the largest Michigan because Betsy DeVos is from nating Judge Neil Gorsuch of the privately owned arts and crafts store in Michigan, and her vision of education Tenth Circuit Court of Appeals to be a the world, with over 700 stores in all and her actions have unfortunately U.S. Supreme Court Justice. As some- but three States. They are people of played a major role in undermining our one who had been following the news faith, and when they were facing fines public schools. and rumors of who the pick would be— under ObamaCare for not providing Families all across our State can tell I had been looking into potential nomi- certain insurance coverage that vio- the story of her work with Michigan

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When you abilities, as well as an essential part of and small, parents and teachers, prin- look at the bottom one-fourth, 38 per- our educational system. cipals, and community leaders from cent of the charters are in that cat- Betsy DeVos, after her hearing, when across the State—overwhelmingly, egory, and there is unfortunately very she was asked about special education, they have told me that Betsy DeVos little accountability for their perform- followed up with a letter days later and should not be our next Secretary of ance. wrote about expanding the conversa- Education. Sadly, precious taxpayer dollars have tion about school choice opportunities Everywhere I go, I can’t believe how been taken away from public schools— for parents of children with disabil- people will stop me about this and how neighborhood schools—to fund these ities, but she didn’t say anything about strongly people feel in Michigan about charters. When it comes to funding for helping those in traditional public this. They are saying this because, public schools, she will not commit to schools or helping students in the among other things, she has pushed for protecting the critical Federal dollars schools they are in now. policies that have made charter schools that serve our children. For me, this is not about politics or in Michigan less accountable and has One mom, Hillary Young from De- partisan messaging or even charters or taken dollars away from public schools troit, came to Washington to watch the private schools versus traditional pub- where the vast majority of children get confirmation hearing on Betsy DeVos lic schools; it really is about what is their education. These are policies that in the HELP Committee. She wrote to best for our children and for our coun- have hurt our children and put their me. She said that she was not im- try. Families in Michigan and all futures at risk. pressed and told a group of parents across the country know this. Tens of I have received so many emails and afterwards: As a parent I can’t stand si- thousands of people have called me phone calls from people involved every lently and watch other children be sub- over the last few weeks and sent emails which way; at the grocery store, out at ject to similar circumstances to my and letters. Who we choose to be the Secretary of Education doesn’t just af- public events, people come up to me. I child in Detroit. My sixth grader was fect the over 50 million children who just want to share a couple of e-mails. without a math teacher for over half attend public elementary and sec- Chris is a teacher from Harper Woods the year last year because of funding ondary schools, it affects the future of and worked as a teacher in the Detroit reductions. The effect of DeVos’s poli- our country, and it is a fundamental public schools for over 20 years. He cies is not parents voting with their difference in views. A competitive free wrote: Betsy DeVos believes in school feet to go to better schools; it is chil- market system, with winners and los- privatization and vouchers. She has dren bearing the burden for fixing the ers, works in the private marketplace. worked to undermine efforts to regu- education system they are supposed to I support that. Business is open. They late Michigan charters, even when they be served by. compete, and if they don’t do well, clearly fail. The marketplace solutions She goes on to say: DeVos’s free mar- they close, or they do very well and of DeVos will destroy our democrat- ket school choice system has left our they go on and they grow. That is a ically governed community schools. city’s education landscape in chaos, strength in our country. But it doesn’t Her hostility toward public education leaving less choice, less quality, and work for educating our children be- disqualifies her. even more government bureaucracy. cause we can’t afford losers. We can’t Those were Chris’s comments. We have seen parents get involved afford losers when it comes to some- In Michigan last year, State legisla- and speak out all across Michigan and, thing as basic as fundamental edu- tors put together a bipartisan plan, and frankly, all across the country. I have cation and creating opportunity for our our State legislature—House and Sen- received more mail, more emails, more children in the future. We need to pro- ate—majority is Republican. They put phone calls on this nominee than any vide every opportunity for every child together a bipartisan plan to increase other, and I have received a lot on a lot to work hard and succeed. both funding and accountability for of nominees, but there is a broad out- I support having choices. I support Detroit public schools. cry. magnet schools and public charters—I There are a lot of wonderful things People like Kathleen, who is a farmer did that as a State Senator—as well as happening in Detroit. Businesses are and a grandmother from Farmington other choices that are great opportuni- coming back to Detroit, and economic Hills, wrote to me: We have 15 grand- ties for children, if there are equal development is also, but we have major children who are in the public school standards and public accountability for work to do for our children and their system, and we are terrified that there taxpayers’ dollars so that parents can schools. So there was a huge bipartisan will be no more public schools and that have confidence in that accountability, effort that came together to increase the quality will be far inferior to char- and if it is part of the public school funding and accountability for the pub- ter and other private schools. I am system, the public process, and only if lic schools, including charter schools. writing you to respectfully ask that they are in addition to quality neigh- It was a commonsense proposal. Betsy you do not vote to confirm Betsy borhood schools in every neighborhood DeVos led the effort to stop it, particu- DeVos as Secretary of Education. and in every ZIP Code. It is not just a larly the part that brought critically I am deeply concerned about what we slogan to say it shouldn’t matter where needed public accountability for for- heard in committee about her views on you live, what kind of opportunity you profit and nonprofit charter schools. special education. In the HELP Com- get or that your child has, and that is Unfortunately, right now in Michi- mittee hearing last week, she sug- becoming more and more true. It cer- gan we have a system where anyone gested that States should decide on tainly is in Michigan, where this phi- can apply to open a charter school. whether or not to enforce IDEA, the In- losophy has been a test case, and we There are no statewide standards for dividuals with Disabilities Act that has are seeing it across the country. We revoking the charter, and taxpayer been such a landmark, opening doors of can’t afford losers. A winners-and-los- money is sent to them with virtually schools in every neighborhood across ers system is not good enough for our no public disclosure requirement. For our country, for children with disabil- kids. example, we have for-profit charter ities. This law was enacted in 1975, and Betsy DeVos has a record of working management companies that say they makes sure that children with disabil- against the vision of accountability are private businesses; therefore, even ities have the same educational oppor- and standards and choice within a sys- though they are getting public money, tunities as other children. tem where every child has a quality they say they are private businesses, My nephew Barry, who has now gone neighborhood school in their neighbor- and they should not have to comply through the special education system hood in every ZIP Code. She has with a series of disclosure require- in Michigan, is a wonderful young man worked against that vision. She doesn’t ments regarding teachers and other in- with Down syndrome. And I have seen believe in it. We have fundamental dif- formation that, frankly, parents would personally how important that was for ferences in what will help our children

VerDate Sep 11 2014 03:48 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.035 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 6, 2017 CONGRESSIONAL RECORD — SENATE S709 for the future. That is why I will be working in a philanthropic sense on Sometimes, as the President’s nomi- voting no on her confirmation. how we could expand educational op- nees have come forward, I voted for Thank you. portunities, I believe I bring some ex- many of them, much to the consterna- The PRESIDING OFFICER. The Sen- perience to this debate. That is why I tion of some folks. But it is my job to ator from Virginia. stand here today unable to support the weigh, regardless of that public opin- Mr. WARNER. Mr. President, first of nomination of Betsy DeVos to serve as ion, what I think is best for students in all, I wish to thank my friend the Sen- Secretary of Education. Virginia and, for that matter, students ator from Michigan for her comments To put it simply, Mrs. DeVos’s sin- across the country. and her views on this nominee. gle-minded focus on charter schools, on With this outpouring from teachers, I rise today to add my voice to those vouchers, and on converting Federal parents, students, administrators, civil expressing concern about the nomina- education dollars into a different pro- rights groups, charter school pro- tion of Betsy DeVos to serve as U.S. gram is simply out of step with the ponents and opponents, and from both Secretary of Education. The chorus of education climate in the Common- sides of the political aisle, I believe it concerns not only comes from those wealth of Virginia. Let me make clear does weigh. That is what I have done. I colleagues who have already come to that I have supported public charter have listened to my constituents, but the floor last week or earlier today or schools. I believe they are a tool that more importantly, I have listened to throughout the evening and into to- ought to be in the toolkit. I have taken Mrs. DeVos’s own words before the morrow morning, but it also comes on those forces who stand for simply no Senate HELP Committee, and let me from literally tens of thousands of my reform in education. But I am uncon- say that I still have a lot of unresolved constituents who have contacted me vinced that Mrs. DeVos’s complete set- questions after reviewing Mrs. DeVos’s about Mrs. DeVos. I have been flooded ting of different priorities at the Fed- testimony. with phone calls, emails, and social eral level is in the best interest of our For starters, Mrs. DeVos did not media messages from Virginians all students, our teachers, or our public demonstrate that she understood the across the Commonwealth, in many schools. That is exactly what I have Individuals With Disabilities Edu- ways, in numbers that I haven’t seen been hearing from constituents all over cation Act, IDEA. She didn’t under- since the debate about the ACA. These the State, and I would like to very stand that it is actually a Federal law Virginians worry about Mrs. DeVos’s briefly share some of those concerns I passed by Congress and signed by confirmation. They worry about what have heard. President George H.W. Bush, contrary it would mean for our children, our Laura from my hometown of Alexan- to the impression Mrs. DeVos seemed students, and for progress toward im- dria writes this: to have at her confirmation hearing, proving and providing every child with While many of our . . . President’s cabinet saying that somehow complying with a quality public education regardless of picks worry me, none worry me more than IDEA was simply a voluntary measure. their ZIP Code. Betsy DeVos for Secretary of Education. That is not right, it is not the law, and, Like many of my colleagues, I bring She says: boy oh boy, did that frighten a whole to the debate some direct experience as I come from rural Appalachia, where [I] lot of parents whose kids have special both a State and local elected official. worked my way through public school in one needs and without IDEA, would not I had the great honor of serving as of the poorest counties in the country, but have those needs met. They are con- Governor of Virginia. I was responsible that didn’t stop me from ending up here in Northern Virginia working for the intel- cerned that Mrs. DeVos’s seeming lack in that job for how we were preparing ligence community. of familiarity with IDEA is indicative our students for success in college and In areas like my hometown, where public of how, if confirmed, her Department of in the workforce. I took that responsi- schools are the only option, they become the Education would fail to protect the bility very personally. lifeblood of a community. . . . On limited re- rights of these children—and every As somebody who attended good pub- sources, our high school had to get creative child—toward a free and appropriate lic schools all of my life, as somebody about how to provide for the students, often public education that allows even kids who was lucky enough to be the first in partnering with the local university. But with special needs to flourish. shutting the school down in favor of char- my family to graduate from college, I ters, or adding a for-profit alternative, defi- Another area under the Department realized that I wouldn’t have been able nitely wasn’t an option in my low-income of Education’s jurisdiction where I to have been Governor or, for that mat- area. have concerns about Mrs. DeVos’s com- ter, obviously, Senator without that Another letter from a school admin- mitment and level of understanding is foundation I received from my edu- istrator from the Shenandoah Valley campus sexual assault compliance and cation. Those public schools—and I had says this: enforcement. Since 2014, I have been the opportunity to go to public schools At her confirmation hearing it was quite proud to support bipartisan legislation in three different States growing up, clear she had no knowledge of instruction, led by my colleagues, Senator GILLI- and many of those public school teach- curriculum, federal programs and—most dis- BRAND and Senator MCCASKILL, the ers were the folks who framed my turbing—had no understanding of the federal Campus Accountability and Safety views about government, about our laws that are in place to protect children Act. At the end of last Congress, this system, about how we actually get with disabilities. legislation had the support of more through in life. It is a serious business to educate children, than one-third of the U.S. Senate, as and the consequences are huge if we do it I believe in many ways public schools wrong. well as a broad coalition of advocacy and the whole notion of public edu- groups, law enforcement organizations, Another comment—and again, these cation really form the cornerstone of and many of our leading colleges and are just samples of thousands—is from what is the social contract in Amer- universities. The Department of Edu- Olivia, a teacher in Williamsburg, who ica—that getting that basic public education’s own Office of Civil Rights has shared this: cation is the right of all individuals. also played a very important role in When I think back on everything I was I see so much potential in my students every day, and I feel very energetic as a initiating and in conducting title IX able to accomplish as Virginia’s Gov- young teacher about the opportunities that I investigations. So you can understand ernor, the validation I valued the most know our public schools are providing al- why so many folks, including myself, was that when I left the Governor’s of- ready—and are capable of providing in the were concerned when Mrs. DeVos did fice in 2006, Virginia was consistently future. not demonstrate any depth of knowl- recognized by independent validators She said: edge about the difference of opinion as the Nation’s best State for a life- I am concerned for my LGBT students, surrounding particular policy issues re- time of educational opportunity from low-income students, and for the future of lated to campus sexual assault. pre-K to college and beyond. myself and my colleagues as public school Similarly, when asked about a basic So as someone who is committed to educators trying to do good for our students. principle of education policy related to reforming and looking at how we can I have received thousands of similar measuring student achievement, Mrs. make sure our public education can heartfelt messages from every corner DeVos was not able to articulate an work for all, as someone who spent a of Virginia. I welcome this level of pub- understanding of the difference be- career before in business and tried lic attention and citizen engagement. tween growth and proficiency.

VerDate Sep 11 2014 03:48 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.036 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S710 CONGRESSIONAL RECORD — SENATE February 6, 2017 In the same vein—and while this has aging to rural New Mexico, where there lack of commitment to the Office of become the subject of late night com- are few options to begin with. It is not Civil Rights within the Department of edy, I think it is a very serious mat- uncommon for students to travel more Education, combined with the fact that ter—Mrs. DeVos was not able to clearly than an hour to get to and from school she and her family have donated enor- express her understanding or her com- in those parts of the State. School ad- mous sums of money to organizations mitment to enforcing the Gun-Free ministrators often wear multiple hats, that are anti-LGBTQ, anti-women’s School Zones Act, which, again, is Fed- sometimes running the after-school rights, and anti-Muslim, is simply eral legislation, also signed by Presi- program or driving the local schoolbus. troubling. dent Bush, where compliance is not op- In rural areas in my home State, the The mission of the Office of Civil tional. public school is often the only choice, Rights is to ensure equal access to edu- These are fundamental tenets of Fed- and there simply aren’t enough stu- cation and to promote educational ex- eral education policy, not some obscure dents to support the kinds of for-profit cellence throughout the Nation with metrics, not small bills that languish private schools that Mrs. DeVos wants vigorous enforcement of civil rights. in committee or small compromises. to replace them with. During her nomination hearing, Mrs. These are the principles and corner- Having a Secretary of Education who DeVos would not commit to continuing stones of Federal education civil rights has spent her entire career pushing a the Office’s policies that are making policy, and they cannot be more cen- privatization agenda is not reassuring our college campuses safer by focusing tral to the Secretary of Education’s to New Mexicans and is at odds with on prevention and response to sexual core responsibilities of safeguarding the needs of the students and families assault. In fact, she has donated money students’ civil rights and safety. across my State. to organizations that actually make it For all of those reasons and others, I Further, I do not believe that Mrs. harder to prosecute sexual assault on am not able to support Mrs. DeVos’s DeVos understands the Federal Gov- our college campuses. As amazing as nomination to be Secretary of Edu- ernment’s trust responsibility in serv- that sounds, it is true. cation. ing Native American students. Given If my Republican colleagues I know the Presiding Officer has had Mrs. DeVos’s rushed nomination hear- rubberstamp this nominee, they will to hear a number of these comments. I ing in the HELP Committee, Senators confirm a Secretary of Education who hope that if she is not confirmed, the were given very little opportunity to doesn’t believe in public schools, who President will send down an Education question her about her understanding will unravel rural education, and who Secretary nominee who brings more of tribal issues and impact aid. So I am has even worked to make it harder to mainstream views to this very impor- concerned that she will push her pri- protect women against sexual assault tant issue. There are those of us, like vatization agenda in these areas as on college campuses. I believe that we me, who are all for education reform, well. have a moral imperative to ensure that but it has to be led by someone who For example, the Zuni Public School all students have equal protections will always put the needs of our kids District is a small rural district in while attending school. Mrs. DeVos first, and making sure they get a fair Western New Mexico. Earlier this will be a massive step in the wrong di- and appropriate education is guaran- week, their school board sent me a let- rection. teed. ter asking that I oppose Mrs. DeVos’s As the members of the Zuni Pueblo With that, I yield the floor. nomination. I want to take a moment wrote to me in their letter, ‘‘our chil- The PRESIDING OFFICER. The Sen- and read a few passage from this letter: dren are our most sacred gifts.’’ This is ator from New Mexico. The beauty of the United States public what we are voting on with this con- school system, unlike many in the rest of Mr. HEINRICH. Mr. President, I am firmation. deeply disappointed by the qualifica- the world, is that we take everyone who walks through our doors and love every child We need an Education Secretary who tions of President Trump’s nominee to who sits in our desks, without question. is committed to upholding these prin- be the leader of our Department of This Board therefore stands by all of our ciples. We need an Education Secretary Education. Betsy DeVos has clearly students, no matter what color or ethnicity, who is committed to ensuring that shown a disregard—even a hostility— regardless of their creed; every child who every student has access to quality for the public school system. So I stand identifies on the spectrum of L,G,B,T, or Q; education, regardless of their back- with the thousands of parents, teach- every child with either a physical or learning disability, or both . . . every child who ground or their ZIP code, regardless of ers, and students of New Mexico in their ethnicity or their religion, and fighting to stop her confirmation. speaks a second language; every immigrant child as well as every Native American child regardless of their gender or sexual ori- Simply put, education is too impor- who can trace their lineage in this land back entation. tant to New Mexico children and our thousands of years; every child who sees In the last few weeks, my office has State’s economy to have a Secretary of their education as the bridge between their fielded thousands of calls and letters Education not fully invested in the most ardent dreams and their most hopeful asking me to oppose this nomination. I success of our public schools. futures. have heard from more than 8,000 con- As someone who grew up going to These are powerful words that I fully stituents on this one topic alone, many public school, who is sending my own support, and I thank the Zuni Public of whom called as parents, teachers, kids to public schools, I am deeply School District for speaking out on and some as students. That is more troubled by Betsy DeVos’s record on this matter. We should all be this con- than any other Trump nominee whom privatization, which goes well beyond cerned. we have considered to date. Never has simply voicing support for vouchers Mr. President, I ask unanimous con- an Education Secretary nomination re- and private school. Mrs. DeVos has sent that the entire letter from the ceived so much attention and opposi- been a key player in the well-moneyed Zuni Public School District be printed tion. effort to privatize and siphon funds in the RECORD at the conclusion of my I stand with the thousands of par- away from public education, and she remarks. ents, teachers, and students across the has time and again undermined the During her nomination hearing, Mrs. country, and in my home State of New teachers we all rely upon. DeVos demonstrated over and over Mexico, fighting to stop this nomina- It appears as though Betsy DeVos’s that she is unfamiliar with even basic tion. I urge my colleagues to join me in most notable experience in education education issues, and she failed to com- voting no. is spending her career and her fortune mit to uphold the responsibilities of There being no objection, the mate- advocating for policies that divert pub- the Secretary of Education to support rial was ordered to be printed in the lic tax dollars away from public public schools. Given that Mrs. DeVos RECORD, as follows: schools and into private schools. I can- has no relevant experience as a teacher ZUNI PUBLIC SCHOOL DISTRICT #89, not support a nominee who wants to or school administrator, we should be 12 TWIN BUTTES DR., ZUNI, NM, weaken the kinds of public schools that very concerned with entrusting her to January 30, 2017. so many New Mexicans rely on. enforce key protections under title IX, TO OUR HONORABLE SENATORS AND REP- The privatization policies pushed by under IDEA, and under other civil RESENTATIVES: We, the Board of Education of Mrs. DeVos would be especially dam- rights laws. In particular, Mrs. DeVos’s Zuni Public School District, ask you to add

VerDate Sep 11 2014 03:48 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.037 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 6, 2017 CONGRESSIONAL RECORD — SENATE S711 your support as we stand in opposition to the And we, the Board of Education in Zuni and also that strong public schools are appointment of Betsy DeVos as United Public School District, stand by the teach- vital to our State’s future. States Secretary of Education on the fol- ers, aides, administrators, counselors, liai- Education is local. Each one of our 55 lowing grounds: sons, nurses, secretaries, custodians, cooks, counties is responsible for the financ- During her confirmation hearing, Mrs. and bus drivers who as their daily work paring of the schools. If the counties do DeVos demonstrated that she was woefully ticipate in the painstaking and deeply patri- ill-equipped to head the Department of Edu- otic act of ensuring equitable access to edu- not have the sufficient funds, we have cation. She has never attended a public cation for all of our students. It is through what we call a school aid formula that school, never taught or administered in a the diligence and action of just such citizens basically offsets that so that every public school, and her children have never that this nation is able to deliver unto each child in West Virginia will get a qual- attended a public school. She does not hold new generation of American a passport to ity education. any degree in the field of education, either in the possibility of American success. In my State, charter schools and theory, administration, or practice. She has The children, families and hard-working school vouchers would pull already a documented history of promoting a charter faculties and staff of the American public and voucher based system that she supported limited public funds and resources school system deserve a Secretary of the De- from the schools, students, and teach- in her home state of Michigan, diverting partment of Education who is most emi- funding and support away from public edu- nently qualified, through both education and ers who need them the most and could cation and deserving children. Furthermore, experience, to advocate for all Americans: be harmed and would probably be when questioned in her hearing, Mrs. DeVos diverse, complex, and brilliant citizens; to harmed. was unable to explain the difference between work toward the most equitable education There are some towns in West Vir- growth and proficiency, nor was she familiar for all; and to uphold this cornerstone of our ginia with only one school—one school with the federal law behind IDEA, two essen- democratic republic. only—or where students have to travel tial and basic aspects of education. As well, It is for these reasons that the Zuni Public Mrs. DeVos advocated in her hearing to for more than an hour on a bus to get School District Board of Education respect- to the school that has been consoli- allow the presence of guns in schools during fully requests your most passionate and an era of rampant mass violence based pri- dated. Voucher policies would be com- vocal support in opposing the appointment of marily on the use of guns in schools. Mrs. Mrs. Betsy DeVos. We also ask that you look pletely useless in these places. There is DeVos has also publicly stated that she sees toward the experienced and qualified edu- no place for them to attend. education as a way to further proselytize for cation professionals working within the pub- In areas where there are a few pri- the Christian faith, which would constitute a lic school system to fill this highest position vate schools in my State, a voucher violation of the Constitutional separation of in the field. program would have devastating ef- Church and State in public schools as it E:lah’kwa (Thank you) for your would in all federal institutions. fects for public school children. The Our pueblo of Zuni is a small community representation, limited dollars that we do have, if you in a western pocket of rural New Mexico. We ZUNI BOARD OF EDUCATION: deviate that money whatsoever, then are neither a rich district nor one that MR. JEROME HASKIE, basically you are going to have the wields a great deal of political influence. Board President strain on the public system that will What this Board does represent is a rich, In- MS. STEPHANIE VICENTI, Vice Board President not be able to pick it up in the rural digenous tradition and culture that holds areas. There is no other way for us to high the ideals of hard-work, humility, and MS. MASIKA SWEETWYNE, integrity. We are an agricultural, peace-lov- Secretary have the funding we need. ing society that has lived in this land since MS. BERNADETTE PANTEAH, Vouchers will siphon public funding time immemorial. Member away from our public schools, causing Yet our memory is long. We remember the MS. SHELLY CHIMONI, them to have to cut resources like era during which education was combined Member. teachers, advanced coursework, and with religion to be used as a weapon against Mr. HEINRICH. I suggest the absence preschool programs. They often do not the Native peoples of this great nation. We of a quorum. pay the entire cost of attendance at a know the trauma such action has caused to The PRESIDING OFFICER. The private school, making them unusable reverberate through generations of good, de- clerk will call the roll. by low-income students and families. cent Americans We also know the resilience The senior assistant legislative clerk of those same people who, despite the inflic- Vouchers also can strip students with tion of weaponized education, have come proceeded to call the roll. disabilities and their families of their today to see literacy as their American Mr. MANCHIN. Mr. President, I ask rights under the Individuals with Dis- birthright, and to crave that sacred Amer- unanimous consent that the order for abilities Education Act. The most trou- ican Dream for which we are all Constitu- the quorum call be rescinded. bling part of that hearing, if you tionally entitled to strive. This is a living The PRESIDING OFFICER. Without watched it or saw any parts of it, was medicine and healing that must not be un- objection, it is so ordered. the lack of understanding that every done through the dissolution of the separa- Mr. MANCHIN. Mr. President, I rise child deserves the opportunity for a tion of church and state, one that we must to express my concern with the nomi- quality education no matter what his nurture and safeguard for all American chil- nation of Betsy DeVos as the Secretary dren. or her disabilities may be. That is a re- We are reminded during this time that, as of Education. sponsibility we have as Americans. you do, we hold publicly-elected positions The State of West Virginia is a State With that, if you have never been in designed to represent a broad spectrum of made up of a lot of small towns. We a public school setting, you have never constituent. The beauty of the United States don’t have any what you call large attended a public school yourself and public school system, unlike many in the metropolitan areas. We are an urban have always been privately schooled, rest of the world, is that we take everyone rural State. For many communities in your children have never attended a who walks through our doors and love every West Virginia, our schools are more child who sits in our desks, without ques- public school and have always either tion. This Board therefore stands by all of than just classrooms, teachers, and been privately schooled or home our students, no matter what color or eth- textbooks. Our children in West Vir- schooled, you have probably never been nicity, regardless of their creed; every child ginia learn more in their public school in a setting where you have seen a dis- who identifies on the spectrum of L,G,B,T,or than reading, writing, and arithmetic. abled child trying to get the opportuni- Q; every child with either a physical or They are the heart of the community ties that other children have, with a learning disability, or both; every child who and a home away from home for most special aide who is working with them. speaks a second language; every immigrant of them. They are a safe place to stay You can say that is a waste of re- child as well as every Native American child who can trace their lineage in this land back after school where no harm will come sources. I guess you could say that if it thousands of years; every child who sees to them. They are a place where nutri- wasn’t your child. If it wasn’t some- their education as the bridge between their tional meals are served and health care body you knew, it would be easy to say most ardent dreams and their most hopeful services are provided by trusted school that, But just the empathy you would futures. nurses. have—it would be hard for a person to We further stand by each parent, guardian, After meeting with Mrs. DeVos and understand that. I believe that is a grandparent, sibling, aunt, uncle; every watching her answer questions at her compelling reason to make me take member of kin that builds and holds strong the dream of education for each of our chil- confirmation hearing, I have a hard pause and say that I believe we need dren, knowing as we have always known in time believing she has the qualifica- somebody who has had that diversity, Zuni that our children are our most sacred tions to be the Secretary of Education. who has had that real classroom expe- gifts. I believe in local control of education rience.

VerDate Sep 11 2014 03:48 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.004 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S712 CONGRESSIONAL RECORD — SENATE February 6, 2017 Another thing—never to be in a PTA that by taking funds away makes it almost mitted to ensuring they receive a qual- meeting where you have problems with impossible. ity education. A strong education is schools. You might have problems with My request is not politically motivated— the building block for success for every my request for you to vote against Mrs. the bus and transportation. You might DeVos is about the teachers I work with in child and the foundation for our coun- have problems with extracurricular ac- Marion County and across WV. One of the try’s long-term economic strength. We tivities or lunch programs or a routine pillars of a great civilization is education. need an Education Secretary that un- study program, where you can sit down Although the American system of education derstands the challenges that students, with other parents and work through is not perfect, we are still envied by many teachers, and schools in rural areas these programs. That is something nations. face. that is hard for most of us in West Vir- Education is a hope for children of poverty Betsy DeVos has spent her career as well as those who have economic security. working in the private school system, ginia to ever conceive, that you could Please encourage President Trump to seek never be in that position and never out a former or current state superintendent not investing in and improving the have that experience in life. I believe of education or a chancellor of higher edu- public school system. Much of the poli- communities in West Virginia know cation or anyone with the knowledge to walk cies that Mrs. DeVos supports would our students’ needs better than some- in step with us as we make a brighter future divert public funds to private schools— one who never attended or worked in for our children. whether it was intentional or not— the public school system. During her hearing, Mrs. DeVos dem- strip accountability from these Many West Virginians have called onstrated a lack of knowledge about schools, and significantly harm the and written to me expressing their con- the basic issues in public education, in- public school system in my little State cern about Mrs. DeVos. I have a letter cluding the debate about how best to of West Virginia, which is all we have. I want to read from Diane from Marion measure student progress. She also did It is difficult to speak—and I try not County, my home county. We have not appear to have a solid under- to make it personal because I don’t be- hundreds of letters that have come in. standing about the amount of student lieve in the toxic rhetoric that goes on Diane writes: loan debt in this country, which is now sometimes in this room, and it I am asking you to vote against the con- the second-largest source of consumer shouldn’t in this great Senate Chamber firmation of Mrs. Betsy DeVos as Secretary debt in the United States, surpassed of ours and on the Hill. So I know this of Education. As an educator with 44 years of only by home mortgages. is probably a good lady who is well-inexperience in public schools, I recognize we Not only does she lack the institu- tentioned. She just doesn’t have that have many issues, but I also know we do tional knowledge, but she has no per- personal experience it takes to grab much that is right for children. Educators no sonal or family experience with the this entire country and understand longer simply teach core content. We know student loan system or any experience that we are different. States are dif- that children can only thrive if their social, emotional and physical needs are met. The running a major loan program like the ferent. We depend on it. We can’t al- whole child is now the focus of every teach- one she would be in charge of as Sec- ways go in one direction, and that is er, and teaching has become a very difficult retary of Education. This leads me to the flexibility. They are saying: Well, but a very rewarding job. believe that she would be unable to run we will give you flexibility. We need Educators need and DESERVE a Secretary the program effectively and efficiently. the support from Washington to have of Education that knows and understands What I have said and spoke to other the flexibility to make sure the chil- the tremendous responsibility each of us has people about—I understand and I think dren of West Virginia have the same accepted. We do not have the time to get the most of us have been in Washington opportunities that a child in Pitts- leader ‘‘in step’’ with us. We need and DE- SERVE someone who understands how poli- long enough to understand how the sys- burgh, PA, might have in a larger cies can impact what we are able to do for tem works. Even though the person school district, one in a metropolitan our children. . . . We need and DESERVE would have the greatest of intent, the area that could afford—because you someone who understands the value of aca- most honorable of intent, wanting to don’t have all the travel and every- demic growth versus proficiency. We need do a balanced job, if they never had the thing else that is involved—to have a and DESERVE someone who understands experience and they are charged with charter school. how important it is to send food home in setting up programs that are supposed In my State, even the legislature backpacks because our children will not eat to incentivize schools, school districts, couldn’t. They looked at charter and during a weekend or holiday break. States, those programs are not going voucher systems, and they couldn’t I want to stop there and give you a to lean to where they have no knowl- find a pathway forward because of the personal experience. When I was Gov- edge; those programs will go to where limited funding and knowing that it ernor of the State of West Virginia, I they have the most knowledge and in a would divert. If there is no more fund- would go around to the schools. The direction of the policies they believe ing going into it, that means you have school would tell me what was going on in. With that being said, incentives to cut the pie more. They were con- in the community. I would always go would go in that direction. When the cerned about even going in this direc- to the cooks because they really had incentives go in that direction, it pulls tion. My legislature, in the last 2 the pulse of the school. This was May, further resources away from a rural years, has flipped completely to a Re- and school was getting ready to let out public education system. publican majority in both the House for the summer. One of the cooks was At her hearing, Mrs. DeVos failed to and Senate. They are all good people, crying in the kitchen. I couldn’t figure recognize that the Individuals with well-intended. They are looking at all out what was wrong. I went back and Disabilities Education Act is a Federal these different avenues, but at the end tried to console her and talk to her. law protecting access for individuals of the day, you have to take care of I said: Can you explain why you are with disabilities to a decent public edu- those whom you are responsible for. In so upset? You are just about out for the cation and that she would be in charge rural West Virginia, that is a child who summer. of ensuring that the school imple- might have to ride 1 hour just to go to She said: I know these little kids mented the act. No child should ever be school. I don’t know where you would aren’t going to eat much this summer. denied access to the same public edu- put a charter school. I don’t know She wanted to stay and cook through cation because they suffer from a dis- where, with the voucher system, you the summer, have all year so the kids ability. As both a Governor and a fa- could send him. would have nutrition. That tells you ther, I can never look a parent in the If we have a problem in deficiencies, what we are dealing with in an awful eyes and tell them their child cannot that is basically the responsibility of lot of rural settings. get the same education as another the county and the community. It is We need and DESERVE a leader who child simply because they suffer from a the responsibility of the parents and knows that almost every teacher utilizes his/ disability and it would be too costly for guardians to be involved. It is a respon- her own personal funds to buy pencils, paper, sibility for all of us to speak up. I guess classroom supplies and instructional mate- us to do. rials for our students because the budget for West Virginians need an Education what we are going to end up with is all what our children DESERVE is not given to Secretary who has an understanding of the children with disabilities or chil- us. That is the strain we already have on the the needs of all children, including dren who basically do not have the system now. If you put any more strain on those with disabilities, and is com- means or a person in their family who

VerDate Sep 11 2014 03:48 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.041 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 6, 2017 CONGRESSIONAL RECORD — SENATE S713 is able to drive them or take them to a chusetts, we recognize that education State. These companies are focused special school; they are all going to be is a passport to the job opportunities of first and foremost on making money. left, so-called, behind. the 21st century. Massachusetts stu- We don’t allow this to happen in Mas- It is just not who we are in West Vir- dents at the 4th, 8th, and 10th grades sachusetts. We have only one goal, and ginia. I ask for your consideration that are No. 1 in America in math, verbal, that is to be No. 1. maybe we can find a Secretary who has and science. We are No. 1 in math, That money must stay in the school the experience and understanding and verbal, and science, 4th, 8th, and 10th system, especially if you are trying to has the real-life experience—they grades. If Massachusetts were a coun- educate a minority population, which might have attended a public school try, we would be second behind Singa- is the future workforce of our country. themselves. I am a product—I am sure pore in reading for the whole planet. That is key. They don’t come from the you are a product of public schools. We That is Massachusetts. traditional backgrounds in many cir- are a product of the public school sys- We have a very high percentage of cumstances. The Secretary of Edu- tem, probably, more than likely, rural our students who are minorities in our cation must fight for all children and public school systems. We did pretty home State. I live in Malden. Malden is families, not promote companies seek- well with them. People cared. We had a city of 60,000 people. Malden High ing to profit off the backs of our stu- to give a little bit and make some sac- School, 2016 graduation class, 28 per- dents. Not even Michigan—the State rifices, and we did that. The bottom cent White, 25 percent Asian, 24 per- where DeVos and her family money line was that there were no options. We cent Latino, 23 percent Black, 1 per- have tried to exert the most influence made the best out of what we had. cent Pacific Islander. What is our goal? over education policy—has imple- These kids aren’t going to have op- Our goal in Malden—our goal in Massa- mented a statewide voucher system. tions. The majority of kids in West chusetts—is to be No. 1. No. 1, not just Despite spending $5.6 million on a cam- Virginia or Oklahoma will not have in the United States but No. 1 in the paign to promote school vouchers, the those options. You better make sure world. We know you can do it if you DeVos family failed to amend the that school system you have, a public make a commitment to these kids. Michigan State constitution. If Betsy school in a rural setting, is giving that It is not just our traditional public DeVos is allowed to expand her school child every opportunity that he and schools. It is our public charter choice policies across the United she can excel. Who knows, maybe one schools, our private schools, our pre- States, it would be devastating for our day they will be sitting in my seat or paratory schools that are enormously students and for the future of our coun- your seat. I hope so. successful. Many of them are world fa- try. Her ideas are too extreme. They With that, I say I must oppose her mous, these high schools. People send will not work for our students or for achieving the Secretary position that their children from around the country school districts in our Nation. President Trump has nominated her to go to a school in Massachusetts. I also share serious doubts that Betsy for, with all due respect. I think I stat- The success of our public charter DeVos will support all students in ed my reasons for that. I would hope schools is largely due to very strong America. The Individuals with Disabil- that people understand our rural public accountability measures brought about ities Education Act is the primary Fed- schools truly need a champion. We through State regulations and rigorous eral law that ensures that all students need that champion to really step for- oversight. That is the key to our char- in every State have access to a free and ward and lift us all up. ter school system. It is accountability. appropriate public education, regard- I yield the floor. It is oversight. It should not be drain- less of physical or mental handicaps, The PRESIDING OFFICER. The Sen- ing money out of the charter school learning or attention disorders. This ator from Massachusetts. system for profits for private corpora- law covers students who are blind, Mr. MARKEY. Mr. President, I am tions. It has to be invested in the kids, deaf, vocally or mobility impaired, and here this afternoon to stand up to one but Betsy DeVos wants charter schools those with autism or ADHD. Congress of the most dangerous nominees in to have less accountability and has passed the original form of IDEA in President Trump’s Cabinet of Big Oil, fought to keep charter schools unregu- 1975. It is a bedrock law in our country. big banks and big billionaires who are lated across Michigan. Yet when Betsy DeVos was asked about going to be populating the Cabinet of When the Michigan State Legislature it during her nomination hearing be- the United States. introduced a bipartisan bill that would fore the HELP Committee, she stated The Secretary of Education is re- have expanded oversight of charter that States should be responsible for sponsible for a budget that includes $36 schools, Betsy DeVos stepped in. She determining how, and even if, to en- billion for elementary and secondary and her family donated $1.45 million to force IDEA. education, $150 billion for higher edu- State legislators in order to strip the Remember, IDEA goes right to the cation each year. On top of that, the helpful oversight accountability lan- heart of what we are going to do for Secretary of Education is responsible guage out of the bill. That works out those kids with disabilities. That is a for more than $1.2 trillion in out- to $25,000 a day over the 7-week period bedrock law in our Nation. States must standing Federal loans. the bill was being debated. Betsy abide by it. We need a Secretary of This nominee, Betsy DeVos, would DeVos and her unlimited funding ulti- Education who understands long- shape the policies and programs that mately succeeded in blocking the com- standing Federal education law and affect more than 50 million students monsense accountability legislation. will commit to protecting every stu- across our country. Young people may The students and families of Detroit dent in America because every student be 16 percent of our population, but were denied the key protections in deserves the guarantee that they can young people represent 100 percent of oversight that their schools needed. and they will receive a free and appro- the future of the United States. Betsy DeVos’s school choice prior- priate public education that is prom- We need a Secretary of Education ities go beyond expanding and deregu- ised and protected by law. who believes that all children deserve lating charter schools. She has pushed If this laundry list of efforts to un- access to a quality public education, for voucher programs that would use dermine public education wasn’t regardless of income, race, ethnicity, taxpayer money, your money, to pay enough to cause skepticism about neighborhood, or disability status. for a child’s private school tuition. Betsy DeVos’s qualifications to be Sec- Betsy DeVos does not share this com- Under a national voucher system, the retary of Education, in her confirma- mitment to equal opportunity, and she funding that would normally go to tion hearing, Betsy DeVos would not is unqualified to serve as Secretary of local school districts would instead be commit to keeping guns out of our Education. diverted away from public schools to- schools. Her response when asked Betsy DeVos has a long and well-doc- ward for-profit, private institutions. In about the issue was: ‘‘I think that is umented record of opposing public addition to the private schools that best left to locals and States to de- school systems. She has implemented benefit from a voucher system, 80 per- cide.’’ Guns do not belong anywhere school choice voucher programs. She cent of the charter schools in Michigan near our schools or our students and has simultaneously expanded and de- are run by for-profit companies, a teachers, not in public or private regulated charter schools. In Massa- much higher percentage than any other schools, not in elementary schools, and

VerDate Sep 11 2014 03:48 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.042 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S714 CONGRESSIONAL RECORD — SENATE February 6, 2017 not in our high schools. I am proud to menting the standards of the laws that terback of all time; and the Patriots, have stood with Senators CHRIS MUR- we already have on the books across led by Robert Kraft, is the greatest PHY and RICHARD BLUMENTHAL on the our country—it points us in the correct franchise of all time. We are very proud floor of the Senate for 15 hours calling direction. that victory last night cemented that for congressional action on common- So with that, I urge a ‘‘no’’ vote on place in history. sense gun safety legislation. As a Sen- Betsy DeVos and her nomination as Once again, I just want to congratu- ator, the safety and security of Massa- Secretary of the Education Depart- late each and every one of them and es- chusetts’ schools, neighborhoods, and ment. pecially the Patriots fans who, through communities are my top priority. I yield the floor. thick and thin, have been with that Our Secretary of Education has the I suggest the absence of a quorum. team every step of the way. safety of every student in every State The PRESIDING OFFICER. The I yield the floor. in his or her hands, and I do not believe clerk will call the roll. I suggest the absence of a quorum. Betsy DeVos is up to that job. I do not The senior assistant legislative clerk The PRESIDING OFFICER. The stand alone in this conclusion that proceeded to call the roll. clerk will call the roll. Betsy DeVos is unfit to be Secretary of Mr. MARKEY. Mr. President, I ask The senior assistant legislative clerk Education. I received tens of thousands unanimous consent that the order for proceeded to call the roll. of letters and phone calls from con- the quorum call be rescinded. Mr. MENENDEZ. Mr. President, I ask stituents all across Massachusetts urg- The PRESIDING OFFICER. Without unanimous consent that the order for ing me to reject her nomination. These objection, it is so ordered. the quorum call be rescinded. come from teachers and administra- CONGRATULATING THE NEW ENGLAND PATRIOTS The PRESIDING OFFICER. Without tors, the people who work on these Mr. MARKEY. Mr. President, Amer- objection, it is so ordered. issues every day. I have a letter here ican history was made last night. The Mr. MENENDEZ. Mr. President, I from Todd Simendinger, the principal New England Patriots won the Super rise today as a product of New Jersey of Rockport Elementary School in Bowl. This triumvirate of Robert public schools, the son of Cuban refu- Rockport, MA. Kraft, Bill Belichick, and Tom Brady gees whose parents decided to leave ev- He wrote to me last week and said: continues this historic journey to erything behind because they did not Senator Markey, as a strong supporter of being recognized as the greatest single like the dictatorship from the right public education, I ask that you oppose the football team in the history of the and did not like what they saw in the confirmation of Betsy DeVos as Secretary of United States. Even as the Falcons Sierra Maestra, as the Castros were Education. We must have a secretary who were ahead by 25 points, even as the seeking to overthrow that government can commit to supporting every student in rest of the country thought the game from the right, and who fled their own all public schools and provide leadership was over, we in Massachusetts, we in country in order to seek a better life in that will help our neighborhood schools suc- New England, we have our own motto: the United States. ceed. Betsy DeVos’s record in education and They were the lucky ones. They saw her performance at the recent confirmation In Belichick we trust. In Brady we hearing prove that she is the wrong can- trust. the handwriting on the wall, and they didate for the job. As a principal, I have spo- We knew it was not over. We knew got out before the true brutality of the ken with teachers, parents, students, and there was still hope. We knew there Castro regime took hold in Cuba. When community members who agree that Amer- was a plan that could be implemented they arrived here, they had nothing ica’s future depends on a strong investment that would ensure that the Patriots more than the promise of a brighter fu- in our Nation’s public schools. once again would prevail. ture and, if not for them, then for their The offices of so many of my col- I thank the Presiding Officer for giv- children. leagues who have spoken on the floor ing me this opportunity to be recog- In so many ways, it is the quintessen- already have, like me, received these nized on this most important of all tial immigrant story; indeed, the quin- kinds of letters and messages literally subjects. This incredible Patriots vic- tessential American story. My mother on a minute-by-minute basis from our tory has brought joy to people all worked as a seamstress in the factories constituents. Their passion is born of a across New England. It has brought dis- of New Jersey. My father was an deep commitment to ensuring that the may to people in other parts of the itinerant carpenter. We didn’t have a very best education for all of the chil- country. They still continue to be mys- lot of money—just enough to live in a dren of the Commonwealth can only be tified by this incredible team and the small apartment in a tenement in provided if the standard for that edu- incredible leadership those three great Union City and put food on the table. cation is high. I commend them, and I leaders provide. But for us, we realize But that was plenty. It was plenty be- agree with their concerns. All children we are in the presence of greatness. We cause my parents knew that living in deserve that standard. know how spoiled we are to have such America gave their children access to a So, from my perspective, you cannot a great team. free public education, and they always have a more fundamental issue before I just wanted to rise and congratu- taught us that an education was the us, this privatization of the public late the New England Patriots, their key toward a better life. school system in America, the leadership of Bob Kraft, Bill Belichick, Growing up, I was a quiet kid. I was voucherization of our public school sys- Tom Brady, but all of this team, be- very studious. I got good grades, but I tem in America. There is a model. It is cause their motto is a very simple struggled with public speaking. I know Massachusetts. We do it right now. We motto. It says: Do your job. That is some of my colleagues wouldn’t believe are No. 1 in the country. We look over what every Patriot did last night. Be- that today, but it is true. our shoulders at those who are behind cause they stuck it out through every Unfortunately for me, one of the us. But it is a standard that basically single play, at the end of the day, they final requirements before I graduated says: We are going to invest in the pub- were able to enjoy that historic vic- high school was a public speech class. lic schools and the charter schools. We tory. Again, I did all the work, but I refused are going to make sure they have the For my part, I can’t be more proud of to actually stand up in front of the highest possible standards. any group of New Englanders. It was class and speak. I thought I could get That is a recipe for ensuring that just a fantastic victory. As a season away with it, but my teacher, Gail every child, regardless of their national ticket holder, when I was 19 years old, Harper, had other ideas. nationality or their income, gets the when it was seven games at $6 apiece— She kept me after class. After my education they need for a portable $42 as a season ticket holder at Fenway classmates left, she forced me to recite passport to a global economy for the Park. You can imagine how almost im- short stories and poetry and speeches I rest of their lives. That has to be our possible it is to believe that we have had written that were part of the class- goal. What is happening using the phi- reached such a stage where even those work. Eventually she told me that I losophy of Betsy DeVos is a failure. It who have been critics of the Patriots was going to be the narrator in a is a proven failure. We already see the now are forced to recognize that Bill school production, which meant that I results. What is happening in Massa- Belichick is the greatest coach of all was going to be speaking on stage in chusetts, what happens in imple- time; Tom Brady is the greatest quar- front of the entire student body. I was

VerDate Sep 11 2014 03:48 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.043 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 6, 2017 CONGRESSIONAL RECORD — SENATE S715 petrified—petrified. And I was inclined where they live, regardless of the hap- I do not believe that it is the role of to refuse. penstance of where they were born, re- a Cabinet Secretary to simply and I am not sure if there would have gardless of their station in life. blindly support the President, regard- been a more terrifying thought to me Most importantly, I understand that less of how misguided or dangerous an in the world than having to get up in our public education system has idea might be, nor do I believe that it front of my entire student body, but formed the foundation upon which the is reasonable or responsible to make it Ms. Harper told me that she knew that American dream has been built for gen- easier to bring guns in and around I could succeed. If I refused, however, erations. It is the great socializing fac- schools, where they endanger our chil- she would have no choice but to fail tor of our Nation, and there is no sub- dren. We must do a better job of secur- me. And if you knew my late mother, stitute for it. At its core, it is an all- ing universal background checks and that was not an option. taker system. It does not care whether treating mental health issues, but So I swallowed my fear, and when I you are wealthy or poor, whether your more guns is not the answer. got out there, I found that Ms. Harper’s family predates European settlement, Mrs. DeVos also said in her testi- work paid off. Not only did I realize came on the Mayflower, or is first-gen- mony that she believed that compli- that I could overcome all of that fear eration American. It does not care ance with the Individuals with Disabil- and anxiety, but it had instilled in me whether you are White or Black or His- ities Education Act should be left up to a hunger to keep working, to get better panic or Asian or Christian or Jewish the States. IDEA, as the act is known, at speaking in front of people, a skill or Muslim. It does not care whether guarantees a ‘‘free, appropriate public that I honestly owe my life’s work to. you struggle with learning disabilities education’’ that is individualized to For me, Ms. Harper was so much or autism or Down syndrome. meet the needs of every student with more than a teacher; she was a mentor Our public education system wel- disabilities. and one of the unsung heroes of our comes you with open arms and adheres When Congress first passed IDEA in public education system. And I am to the fundamental principles that all 1975—though it was called then the privileged to have had an opportunity are welcome, all are equal, and all de- Education for All Handicapped Chil- to tell her that during her lifetime. serve a chance to learn and earn a bet- dren Act—it came with a promise that Now, thanks to my parents’ commit- ter life for themselves and their fami- the Federal Government would cover 40 ment and incredible public school- lies. percent of the cost to educate those teachers like Ms. Harper, this product While we work to improve public edu- with special needs. Unfortunately, we of New Jersey public schools went on cation and renew our commitment to have not met that obligation, pro- our children, we need a partner in the to get a law degree from Rutgers Uni- viding less than half of that funding in Federal Department of Education that versity, a State institution, and was recent history. also understands these challenges and able to rise from a tenement in Union IDEA is Federal—not State—law. It shares our values. Unfortunately, I do City to 1 of 100 Senators in a country of is Federal law that needs increased not believe that Betsy DeVos is that over 300 million people. funding and attention from the Federal candidate. I got my start in politics fighting for Government. And when this was point- While I do not question her inten- public schools in my hometown. When ed out to Mrs. DeVos, she said simply tions, her limited experience and advo- that she ‘‘may have been confused.’’ I was in high school, I was told that be- cacy for policies that fundamentally cause of my grades and my activities, I Our children with disabilities deserve undermine public education make her a real Federal partner that under- could be in the senior honors program unqualified to be the Secretary of Edu- stands the challenges they face and is but that I had to cough up $200 for the cation. committed to getting them the re- books. My parents were poor. We lived Mrs. DeVos has never participated in sources they deserve, not a Secretary in a tenement. I didn’t have $200 for the the public education system that she of Education who is confused about the books. And I couldn’t understand, for would be tasked with overseeing either Federal role in education. the life of me, if I had the ability and as a student or a parent or a teacher or These are only a few examples of how the grades but not the money, that I an administrator. I don’t see that fact Mrs. DeVos has shown herself to be un- would be barred from being in the hon- in and of itself alone as disqualifying prepared and unqualified for the very ors program. So I raised such a ruckus but, coupled with the policies that she serious position to which she has been that they gave me the books, told me has advocated for in her home State of nominated. to be quiet, and they put me in the Michigan—pushing for more charter If confirmed, Mrs. DeVos would take honors program. But I had friends who schools while simultaneously working over a multibillion-dollar Federal stu- had the same circumstances; they had against accountability for them, even dent aid and student loan program that the ability and the grades, but they as they profit off the backs of children helps American families afford the sky- didn’t have the money. Unlike me, while showing little improvement in rocketing cost of higher education. they didn’t say anything, and they student outcomes; advocating for I, myself, was a recipient of Pell didn’t get in. So I didn’t think that was voucher schemes that put public fund- grants and other Federal student aid right. ing into private schools even for fami- and would not have been able to afford I petitioned to change the school lies that do not need the additional as- the cost of a college degree without board from being appointed by the sistance, while depriving public schools them. Yet not only does Mrs. DeVos mayor at the time to being elected by of vital funding that they depend upon have no experience with student loans the public. Ultimately, I won the fight to provide a quality education to every or managing such a program, she has to change that school board and be- student—it becomes clear that Mrs. very little, if any, engagement with came the youngest school board mem- DeVos does not understand that funda- any policy issues pertaining to higher ber at that time in history when I was mental commitment to American chil- education. 20 years old. dren. At a time when trillions of dollars of So I understand the promise of public My concerns about Mrs. DeVos were student debt are acting as a barrier to education. I understand the challenges compounded by the answers she gave in obtaining a higher education, hin- that come with it. I understand the her confirmation hearing before the dering a generation of graduates from need for parental engagement and the HELP Committee. Guns have no place entering the middle class, and acting extraordinary impact that good teach- in our schools—at least in my view— as a drag on our economy, we deserve a ers can have on our children’s lives. except in the hands of trained law en- nominee who understands these issues. I understand that our schools need forcement personnel tasked with keep- As we continue to struggle with the access to adequate resources in order ing our children safe, yet when asked if best ways to measure student progress to allow every student to reach their she would do away with gun-free school and achievement, we deserve a Sec- full potential. And I understand that zones, if told to do so by the President, retary of Education who understands we have a long way to go to ensure Mrs. DeVos, after trying to avoid the basic concepts like the difference be- that we truly do guarantee every child question with a nonanswer about griz- tween proficiency and growth. in America equal access to a high qual- zly bears attacking schools, said she So let me just say, my own experi- ity public education regardless of would ‘‘support the President.’’ ences have given me an incredible faith

VerDate Sep 11 2014 03:48 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.045 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S716 CONGRESSIONAL RECORD — SENATE February 6, 2017 in the power of public education sys- ecutive Commission on the People’s Booker Graham Nelson tems, while Mrs. DeVos has worked Republic of China: the Honorable Boozman Grassley Paul Brown Harris Perdue only to undermine them. I believe that MARCO RUBIO of Florida (Chairman), Burr Hassan Peters the Federal Government can be a the Honorable JAMES LANKFORD of Cantwell Hatch Portman strong partner in ensuring a free, qual- Oklahoma, the Honorable TOM COTTON Capito Heinrich Reed Cardin Heitkamp ity public education for all students, of Arkansas, the Honorable STEVE Risch Carper Hirono Roberts AINES Casey Hoeven especially those with disabilities, while D of Montana, and the Honorable Rounds Cassidy Inhofe Mrs. DeVos seems to think that the TODD YOUNG of Indiana. Sanders Cochran Isakson Federal Government should not be in- The Chair, on behalf of the President Coons Johnson Schatz volved in these endeavors. of the Senate, pursuant to Public Law Corker Kaine Schumer I believe that guns must remain out 85–874, as amended, reappoints the fol- Cornyn Kennedy Scott Sessions of our schools, but Mrs. DeVos seemed lowing individual to the Board of Cortez Masto King Cotton Klobuchar Shaheen to indicate that they could have a Trustees of the John F. Kennedy Cen- Crapo Lankford Shelby place there. Most importantly, I be- ter for the Performing Arts: the Honor- Cruz Leahy Stabenow lieve that our students, parents, teach- able ROY BLUNT of Missouri. Daines Lee Sullivan ers, and educators should be able to Donnelly Manchin Tester QUORUM CALL Duckworth Markey Thune trust the person tasked with over- Mr. MCCONNELL. I suggest the ab- Durbin McCain Tillis seeing them. And the 50,000 New sence of a quorum. Enzi McCaskill Van Hollen Jerseyans who have reached out to me Ernst McConnell Warner The PRESIDING OFFICER. The Feinstein Menendez to oppose her nomination have clearly Warren clerk will call the roll. Fischer Merkley Whitehouse Franken shown that she has not earned that The senior assistant legislative clerk Moran Wyden Gardner Murphy trust. Young proceeded to call the roll and the fol- Gillibrand Murray Here is one example of a constituent lowing Senators entered the Chamber who reached out to my office. and answered to their names: NAYS—4 Collins Rubio Dear Senator, [Quorum No. 2 Ex.] My name is Beth More and I live in your Heller Wicker Cantwell Grassley McConnell great State of New Jersey in Fanwood in NOT VOTING—5 Capito Isakson Menendez Union County. I am writing today to express Cornyn Kaine Murphy Flake Sasse Udall my deep opposition to the appointment of Donnelly Lankford Tillis Murkowski Toomey Betsy DeVos as Secretary of Education. As a Fischer McCain mother of two boys in our public school sys- The motion was agreed to. tem, and one with special needs, I am deeply The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. A concerned and troubled by Mrs. DeVos’s lack MORAN). A quorum is not present. quorum is present. of public school experience. In fact, the The clerk will call the names of ab- The Senator from Tennessee. thought of her steering money and funding sent Senators. (The remarks of Mr. ALEXANDER away from public schools is not only a threat The senior assistant legislative clerk pertaining to the submission of S. Res. to my children, but a threat to the 50 million resumed the call of the roll and the fol- 50 are located in today’s RECORD under other children currently receiving a public lowing Senators entered the Chamber ‘‘Submitted Resolutions.’’) education. She lacks understanding in even and answered to their names: Mr. ALEXANDER. Mr. President, I the most basic issues that affect our schools, [Quorum No. 2 Ex.] yield the floor. and that, my Senator, is scary. I urge you to The PRESIDING OFFICER. The Sen- strongly oppose this and tell your other col- Barrasso Gardner Murray leagues in the Senate the same. Cotton Moran Schumer ator from Wisconsin. Ms. BALDWIN. Mr. President, I rise So I implore my colleagues to put The PRESIDING OFFICER. A to urge my colleagues to join me in op- politics aside, to examine Mrs. DeVos’s quorum is not present. posing the nomination of Betsy DeVos qualifications closely, and to be open The majority leader. to be Secretary of Education. Simply to the input that you all are receiving Mr. MCCONNELL. Mr. President, I put, Betsy DeVos is completely un- from your own constituents, like Beth move to instruct the Sergeant at Arms qualified to serve as Secretary of Edu- More. to request the attendance of absent cation in this great Nation. I hope that if you are open in your Senators, and I ask for the yeas and Many others share this view. I have mind in that regard, you will oppose nays. heard from thousands of parents, Betsy DeVos’s nomination to be Sec- The PRESIDING OFFICER. Is there a teachers, and other citizens of Wis- retary of Education, as I will. second? consin who are concerned about the fu- With that, Mr. President, I yield the There appears to be a sufficient sec- ture of our education system urging me floor. ond. to oppose Mrs. DeVos and certainly op- I suggest the absence of a quorum. The question is on agreeing to the posing her vision for America’s stu- The PRESIDING OFFICER. The motion. dents. As of today, over 20,000 Wiscon- clerk will call the roll. The clerk will call the roll. sinites have emailed me, and we have The senior assistant legislative clerk The senior assistant legislative clerk had over 7,000 phone calls opposing the proceeded to call the roll. called the roll. confirmation of Mrs. DeVos, and Sen- Mr. MCCONNELL. Mr. President, I Mr. CORNYN. The following Senators ate Democrats are unified in our oppo- ask unanimous consent that the order are necessarily absent: the Senator sition to Mrs. DeVos serving in this ca- for the quorum call be rescinded. from Arizona (Mr. FLAKE), the Senator pacity. Even two Senate Republicans The PRESIDING OFFICER. Without from Alaska (Ms. MURKOWSKI), the Sen- have announced that they cannot sup- objection, it is so ordered. ator from Nebraska (Mr. SASSE), and port Betsy DeVos. If just one more of APPOINTMENTS the Senator from Pennsylvania (Mr. my Republican colleagues were to an- The PRESIDING OFFICER. The TOOMEY). nounce their opposition and were to Chair, on behalf of the Vice President, Mr. DURBIN. I announce that the vote no, we could do the right thing pursuant to Public Law 94–304, as Senator from New Mexico (Mr. UDALL) and tell President Trump that he real- amended by Public Law 99–7, appoints is necessarily absent. ly needs to find a new candidate, a new the following Senator as the Chairman The PRESIDING OFFICER. Are there candidate for Secretary of Education of the Commission on Security and Co- any other Senators in the Chamber de- who is qualified to run that Depart- operation in Europe (Helsinki) during siring to vote? ment. the 115th Congress: the Honorable The result was announced—yeas 91, While Betsy DeVos has spent decades ROGER WICKER of Mississippi. nays 4, as follows: advocating for a particular vision for The Chair, on behalf of the President [Rollcall Vote No. 53 Ex.] education, she has never actually of the Senate, pursuant to Public Law YEAS—91 worked as a teacher or as an adminis- 106–286, appoints the following Mem- Alexander Barrasso Blumenthal trator. Her career has involved invest- bers to serve on the Congressional-Ex- Baldwin Bennet Blunt ing hers and her family’s considerable

VerDate Sep 11 2014 03:48 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.046 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 6, 2017 CONGRESSIONAL RECORD — SENATE S717 wealth and using those resources to ad- about how this long history of support autism, to actually thrive in a public vance the privatization of our K–12 for these anti-LGBTQ organizations education setting, along with her education system. She did not attend a will influence a Department which, peers. public school either for grade school, over the last 8 years, has shown some Finally, as a strong proponent of high school, or college, and nor did her tremendous leadership in supporting making college more accessible and af- children. She has never worked as a LGBTQ students and parents in the fordable, I do not believe that Mrs. teacher, principal, professor, counselor, education system. DeVos has the experience or vision or in any other formal role in our edu- The Federal Government’s primary that will allow her to successfully lead cation system. role in elementary and secondary edu- the Department in supporting higher Her confirmation hearing before the cation is to promote equity. I am not learning. Health, Education, Labor, and Pen- convinced that Mrs. DeVos will be the There is a student debt crisis in this sions Committee clearly demonstrated leader the Department needs to do just country, but Mrs. DeVos doesn’t have a how little she knows about Federal that. Congress passed the Elementary plan to address it and has even ex- education law and policy. It was star- and Secondary Education Act in 1965 as pressed skepticism about a Federal tling to see her ignorance about crit- a civil rights measure. It was designed role. ical measures like the Individuals with to ensure that every student, regard- While she has acknowledged that Disabilities Education Act or the de- less of ZIP Code or parents’ income, there are some bad actors in higher bate over growth versus proficiency as has access to a quality public edu- education, she has also refused to com- a measure of student achievement. cation. mit to enforcing regulations that help Betsy DeVos has demonstrated that We continued that important tradi- students who are defrauded by dis- she has neither the knowledge nor the tion in reauthorizing this law, which is honest schools like Corinthian Col- experience in education that would now in the form of a very strongly bi- leges. We need a Secretary of Edu- allow her to be a successful leader of partisan bill, the Every Student Suc- cation who is an advocate for those the Department of Education. Mrs. ceeds Act. The next Secretary of Edu- students, not one who is looking for DeVos has worked to advance a vision cation will have to implement that act. ways to shirk that responsibility. Despite the fact that the Department of K–12 education that is fundamen- I fear that Mrs. DeVos, as a vocal oversees billions of dollars in grants tally hostile to our public education proponent of State and local control, and loans that allow students to pursue system. will not be the strong voice we need to higher education, she has expressed My home State of Wisconsin has a hold States accountable for serving all skepticism about any Federal role in long and very proud tradition of sup- students, particularly those who have making college more affordable. She port for public education. Back at the been historically left behind. has even refused to oppose cuts to a founding of our State, we wrote the When we passed the Every Student program that helps students who com- guarantee that every child should re- Succeeds Act, we made sure there were mit to a career in public service or to ceive a free public education into our strong Federal guardrails to assure support efforts to ensure that the value very founding document, our State that we never forget why there is a of the Pell grant keeps pace with the Federal role in education to begin Constitution. Wisconsin had the first cost of college. kindergarten in the United States. Wis- with, for equity and civil rights and to For all of these reasons and many consin is proud of something that we make sure that every child can suc- others, Betsy DeVos is not the right actually call the Wisconsin idea in ceed. Furthermore, I am very con- choice for Secretary of Education. I higher education; that the walls of the cerned that Mrs. DeVos would not com- call on my colleagues to defeat her on classroom should be the borders of the mit to robustly supporting the Depart- the question of confirmation and to af- State, if not the borders of this Nation ment’s Office for Civil Rights or en- ford this new President the chance to or the entire world. forcing the very guidance that protects send us a nominee who is prepared to Mrs. DeVos’s experience in edu- transgender students from discrimina- be an advocate for all students and cation, however, has been a decades- tion. public education in this country. long effort to privatize it. Her record of Betsy DeVos lacks knowledge about The PRESIDING OFFICER. The Sen- support for vouchers as well as charter and commitment to the Federal laws ator from Florida is recognized. schools that lack adequate account- that ensure students with disabilities Mr. NELSON. Mr. President, I yield ability and oversight is very troubling have access to the various supports the remainder of my postcloture debate and could lead to diversion of public that they need to receive and benefit time to Senator SCHUMER. dollars in even greater amounts out of from a quality public education. The PRESIDING OFFICER. The Sen- public education. As I noted, she has demonstrated a ator has that right. Regardless of any vision or experi- complete lack of understanding about The Senator from Florida is recog- ence on education, Mrs. DeVos is a our Federal obligations to these stu- nized. nominee with, let’s say, complex and dents. I have heard from numerous par- CHINESE POLITICAL PRISONERS JIANG TIANYONG opaque finances. She has a very opaque ents in Wisconsin, parents of students AND TANG JINGLING record of financial dealings and polit- with disabilities who were appalled by Mr. RUBIO. Mr. President, I know ical giving, including on matters di- her inadequate answers to questions at that we are in the middle of an impor- rectly related to the work that the De- our education panel hearing. She was tant debate about a topic of education partment does which she seeks to lead. unprepared to answer questions about in our schools. One of the topics I hope Given her and her family’s investments the Individuals with Disabilities Edu- young Americans will learn more about in companies that benefit directly from cation Act, and these parents have is the state of affairs across the world Federal education programs, I remain written to express their distress about when it comes to human rights. very concerned about what we simply what her filling the role of Secretary of We are a vibrant society engaged in a still don’t know. Education could mean for their chil- heated debate, as we often have been I am also troubled by Mrs. DeVos’s dren if she were to be confirmed. throughout our history, about items of and her family’s long history of con- One Wisconsin mother of three spe- political matters. If you look here tributing to organizations that have cial needs children wrote to me about today, there are people standing up to been hostile to the lesbian, gay, bisex- how this Federal law provided the legal speak on different sides of an issue. ual, and transgender community, even rights that she needed to advocate for You see that the Republican Party promoting the discredited idea that them, to advocate for the best possible today controls the White House, the sexual orientation or gender identity educational environment for her three Senate, and the House, and yet you can be changed through conversion sons with special needs. have people with the freedom in this therapy. I heard from another mother, Melissa country to be able to stand up and op- While she told me and several of my from Beloit, who detailed how the Indi- pose that. We have seen that across the colleagues at her hearing that she be- viduals with Disabilities Education Act country with demonstrations and lieves all students should be treated makes it possible for her daughter, speeches and all sorts of other pro- equally, I really remain concerned Rowenna, who has Down Syndrome and tected speech. We are very fortunate

VerDate Sep 11 2014 03:48 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.051 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S718 CONGRESSIONAL RECORD — SENATE February 6, 2017 and blessed to live in a nation with Department to prioritize these cases A second Chinese individual I want to those freedoms. That is not the case all diplomatically in the hope that these highlight today is lawyer Tang Jin- over the world. families can be reunited in the not-too- gling, who has also been disbarred for I wanted to take this opportunity in distant future. his rights advocacy. He first gained the midst of all of this debate and dis- I come here today to urge our now prominence as a lawyer working on cussion about an important topic, the new Secretary of State, Mr. Tillerson, cases related to village compensation, nomination before the Senate, to re- to prioritize the release of these men in corruption, and by representing activ- mind people that despite our dif- his diplomatic engagement with China. ists. In January of last year, he was ferences on these issues, we are truly In the coming weeks, I also expect that convicted of ‘‘inciting subversion of blessed to be able to live in a country we will have a chance to hear from the state power.’’ That is the charge, and where opposing the party in power does President’s nominee to be U.S. Ambas- he was sentenced to 5 years in prison. not mean you go to jail. sador to China, Governor Branstad of He was first detained in May 2014 on As I have been doing for some time Iowa. When he comes before the Senate suspicion of ‘‘picking quarrels and pro- now, I wanted to come this evening and Foreign Relations Committee for his voking troubles.’’ Just imagine that. highlight yet another example of confirmation hearing, I will bring up Picking quarrels and provoking trou- human rights abuses that is taking these cases and others and urge him to bles is a crime in China. This happened, place in a very important part of the make their freedom a priority of his by the way, during the lead up to the world. For the past couple of years, my work if confirmed. 21st anniversary of the Tiananmen office and I have been highlighting Jiang Tianyong is a 45-year-old law- Square protests, when the Chinese Gov- human rights cases through our social yer. He was disbarred by the Chinese ernment worked desperately to wipe media campaign. We call it hashtag Government because of his vigorous out any discussion or memory of this human rights advocacy, including his ‘‘Expression NOT Oppression.’’ historically brutal crackdown. In re- The goals of this are to raise aware- representation of blind legal advocate ality, all Tang and other activists did ness about these cases and the individ- Chen Guangcheng, fellow rights lawyer was participate in a nonviolent disobe- Gao Zhisheng, Falun Gong practi- uals who are suffering at the hands of dience movement seeking legal and so- tioners, and other human rights cases. these repressive governments. We know cial reform in China. Despite the risks of this work, he has that through history some of the op- Following his conviction, Tang elo- been steadfast in his support of the pressed people—we may not think quently wrote: families and of their right to lawyers these floor speeches matter; we may Inside the grand edifice of the court, we and legal advocates caught up in Chi- not think that mentioning it here in can see stately and ornate furnishings and na’s sweeping nationwide crackdown this forum matters, but it does to them decorations, and we can see the government on the legal community in July of 2015, employees in dignified attire. But we cannot because one of the first things oppres- which ensnared roughly 250 lawyers see the law and we can definitely not see jus- sors tell them is that the world has for- and advocates. tice. gotten about them, and they don’t Consistent with a spate of recent He continues, movingly, speaking of matter anymore. That is one of the media stories, Jiang’s wife indicated the faith that has sustained him in the first reasons we come: to raise aware- that his family and friends lost contact midst of injustice: ness and let them know we know their with him in late November of last year. The Holy Bible has a passage that reads: names, we know their story, and we That is when a Chinese state-con- ‘‘Blessed are those that are persecuted for will continue to speak out on their be- trolled newspaper reported he had been righteousness’ sake.’’ Today, we have been half. detained for a series of trumped-up pronounced guilty, thrown in prison, sepa- The second reason is to show their charges. rated from our families, and have endured families and their loved ones that His wife has received no formal con- humiliation and difficulties—and I am far elected officials—like me here in the firmation of his precise whereabouts, from being able to convince and prove to others how these tribulations could have be- United States—have not forgotten and, to date, he has been denied access them because we know that tyrants, as come my blessings. But God’s will is inevi- to a lawyer of his choosing. Even more tably difficult to understand. I often pray I said, like to tell political prisoners troubling is that this is entirely legal and ask him to give me more strength, so that they are alone in their struggle. under China’s laws, even though it vio- that I may persevere until the moment of The third reason is to call for action, lates all international norms of justice. revelation. I dare say, in 2011, while in a se- whether it is for the administration to Under China’s own laws, authorities cret jail, and now in detention, almost every make their causes a priority, too, or to may hold him, or anyone, for up to 6 day I have passed has been calm and ful- call on these governments to release months without informing his family filling. I have never lost my direction. these individuals. where he is held and without allowing The courage and conviction of these There is one more reason I think that him to access a lawyer, conditions that men should be an inspiration to us this effort, hashtag ‘‘Expression NOT the United Nations Committee Against all—an inspiration that should propel Oppression,’’ is important. As well as Torture has found place ‘‘detainees at a us to act. I would add a reminder again all the good work being done here on high-risk of torture.’’ Indeed, reports of how blessed and fortunate we are to both sides of the aisle in defense of over the past months about four other live by the grace of God in a nation human rights, promotion of democracy human rights lawyers provide detailed where we have the freedom to speak, to and the defense of God-given freedoms information about the Chinese authori- object, to state our views without fear like religious freedom and freedom of ties’ use of torture to extract ‘‘confes- of the circumstances and the con- the press and free speech, which we cel- sions’’ and impose unbearable psycho- sequences that these brave men now ebrate here even in this debate, have to logical pressure. face. The Chinese people who yearn for continue to be pillars of our foreign All of these realities underscore that the protection of their most basic policy. I hope that these cases we high- China remains a country of rule by human rights and bravely stand with light bring those guiding principles to law. Congressmen CHRIS SMITH of New their fellow marginalized countrymen light. Jersey and I cochair the Congressional- are China’s greatest asset—not its big- Today, I want to discuss the cases of Executive Commission on China, which gest threat, as the government of the two Chinese political prisoners whose found in our 2016 annual report that Communist Party wrongly believes. courageous wives I had the opportunity ‘‘the Chinese Communist Party has Any government which views its own to meet last week when they visited in continued to reject the notion that the people with such fear and hostility Washington, DC. These women person- rule of law should supercede the Par- will, as has often been said, find itself ally requested that I intervene on be- ty’s role in guiding the functions of the on the wrong side of history. half of their husbands, pressing on the State.’’ As such, lawyers, advocates, So I hope more of my colleagues in Chinese Government to uncondition- dissidents and others often find them- this body, in the House, and especially ally release them and, in the case of selves in the party’s crosshairs, per- in the administration will join their one, to account for his whereabouts. secuted under the law, rather than pro- voices in support of these political pris- Perhaps just as importantly, they tected by it, and they have no recourse oners and all who languish in jails, urged me that I press our own State of justice. prisons, and gulags simply because

VerDate Sep 11 2014 04:25 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.053 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 6, 2017 CONGRESSIONAL RECORD — SENATE S719 they want a better life, because they even for for-profit charter schools. In pair of Ben’s chair, it was other stu- want a say in their future and have her testimony before the HELP Com- dents in our Career and Technical Edu- bravely made these aspirations clear. mittee, she declined to support enforc- cation Center in Exeter who came for- With that, I yield the floor. ing accountability requirements. It is ward and said: ‘‘We can fix that.’’ Their The PRESIDING OFFICER. The Sen- clear that Mrs. DeVos would pursue education preparing them for a trade ator from New Hampshire. policies that would undermine public and a career served Ben’s needs that CONGRATULATING THE NEW ENGLAND PATRIOTS schools in my home State of New day beautifully. Both Ben and his peers Ms. HASSAN. Mr. President, before Hampshire and across our Nation. learned that day. Ben’s experience in getting to the matter at hand, I In the past several weeks, thousands public education was made possible be- thought I would take a minute to con- of Granite Staters—including students, cause of so many advocates, educators, gratulate the New England Patriots, parents, teachers, principals, and su- and families who came before our fam- the Kraft family, Bill Belichick, Tom perintendents—have called and written ily. Brady, and all of the Patriots players into my office. They have shared their But this was not always the case for and fans everywhere for the greatest concerns about Mrs. DeVos. They un- students who experience disabilities. comeback victory in Super Bowl his- derstand that she is completely un- When I served in the New Hampshire tory. They really demonstrated the qualified for this position. Our chil- State Senate, I grew to know a woman grit and determination and resilience dren, their families, and our Nation de- named Roberta. Roberta, born in the that New Hampshire and New England serve better than a Secretary of Edu- early 1950’s, had spent a good portion of is known for, and we are very, very cation who does not value public edu- her life in our State’s school for indi- proud of them. cation. viduals with disabilities. Roberta left Mr. President, I rise today to join my Ensuring access to public education that State school as we began to work, colleagues in opposing the nomination for every student is an issue that is after the passage of the IDEA, to bring of Betsy DeVos to serve as the Sec- deeply personal to my family. Shortly people out of institutions and into the retary of Education. Our Nation recog- after my husband Tom and I welcomed communities. nized early in its history that public our first child into the world, our son Later, as Roberta learned to advo- education is a necessary foundation for Ben, we found out that he had severe cate for herself and tell her story, she our democracy. It is critical that we and pervasive physical disabilities. It recorded some of her memories from continue to support a strong public became clear to Tom and me that we the Laconia State School, the separate education system that prepares all of were going to need a little bit of extra school—so-called school—for students our young people to participate in our help if our son was going to have the with disabilities. Roberta wrote: democracy and to compete in the 21st kind of future we all want our children Some of the attendants and residents at century workforce. to have. the Laconia State School sexually, verbally, We were lucky because we found that emotionally and physically abused and as- All public officials, regardless of saulted me. The staff said they did this to their party affiliation, should share a help in our community—not only me because I misbehaved or acted silly. The reverence for the importance of public among friends and neighbors but in a attendants and residents there hit and education to our country’s success, public school system that welcomed kicked me with their hands and feet. They both now and into the future. They Ben. I still remember the day that a pulled my hair, whipped me with wooden or must show a commitment to enforcing schoolbus pulled into our driveway. We metal coat hangers, wet towels, hair brushes, our laws so that all students have the wheeled Ben onto the lift and up into mop and broom handles, hard leather belts, the bus, and off he went at age 3 to his straps, rulers and hard sticks, stainless steel opportunity to succeed. I agree with serving utensils and clothes. my colleagues that Mrs. DeVos has not first day of preschool—a publically Roberta adds: shown a commitment to or an under- funded, inclusive preschool. As I sat on the stoop and watched the bus pull Additionally, they bullied me by laughing standing of these principles, and that is at me and calling me names. They spat at why I oppose her nomination. away, I found myself thinking that if me, bit and pinched my arms and other body This nomination process has been ex- Ben had been born a generation or two parts causing me pain. The employees and tremely disappointing from the start. earlier, Tom and I would have been supervisors at the institution threw buckets Mrs. DeVos failed to provide critical pressured to put Ben in an institution. of cold water on my body, clothes and all. information on her finances. Members There wouldn’t have been the resources They said that the cold water would calm me of the HELP Committee were only in our community or in our school sys- down. given 5 minutes to question Mrs. DeVos tem to include Ben. Roberta’s experience was, unfortu- on her views on our Nation’s education But because of the work of the cham- nately, what life was like for some stu- system. pions—the families, the advocates— dents with disabilities before IDEA. In the questions she did answer be- who went before the Hassan family, Years later, after Roberta left Laconia fore the committee, Mrs. DeVos dem- Ben was able to go to school in his State School, after she was re- onstrated a complete lack of experi- hometown. He was able to learn and to integrated into her community, she ap- ence in, knowledge of, and support for make friends, to do what we all want peared before a State senate com- public education. She was unable to ad- our children to do. That is the power of mittee that I was chairing because she dress basic issues—issues any New public education. It is the power of was the main proponent of a law that Hampshire school board member could making sure that all kids are included. we passed in the New Hampshire State discuss fluently. Our family was able to live like any Senate to remove the word ‘‘retarded’’ She showed that she lacks an under- other family and feel like any other from all of our State statutes. Roberta standing of issues facing students with family because Ben could go to school knew that it was the judgment of peo- disabilities. She has potential conflicts in his hometown. As Ben went from ple who first interacted with her, peo- of interests that she still has not an- preschool to elementary school to mid- ple who believed she had intellectual swered basic questions about. She sup- dle school to high school, we found disabilities, that caused her parents to ports diverting taxpayer dollars to pri- that his peers accepted him, interacted believe that they had to put not only vate schools without accountability re- with him, and grew with him. I still re- Roberta but her sister Jocelyn in an in- quirements. member a day when I got a call from stitution. Both Roberta and Jocelyn As Governor of New Hampshire, I one of Ben’s teachers, saying that the happened to have the misfortune of supported public charter schools. They tire on his power wheelchair had gone being born with disabilities. play an important role in driving inno- flat. That is the type of call that a par- It is that contrast between Roberta’s vation in education and in providing ent of a child with complex needs experience and my son’s that keeps me additional opportunities for nontradi- dreads because it means that you have focused on the importance of making tional learners, but they must meet to stop everything—because if the sure that we include all children in our the same standards as other public wheelchair can’t move, your child can’t public school system but also that we schools. go through their day. have the laws in place to ensure that In Detroit, Mrs. DeVos led efforts to But instead of my needing to take a they get the free appropriate education oppose accountability requirements, day off from work and pursue the re- that all American children deserve.

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I visited their own future to a crowded, excited only did she decline to assure Senators numerous classrooms where students room of friends and family. that she would enforce the law to pro- were doing hands-on lessons in Earth That is another kind of public edu- tect students with disabilities, but she science, in literature to make sure cation that supplements our statewide was confused about whether IDEA was they could master the material before public education system and is some- indeed a Federal law to begin with. them in a way that would stick with thing we can work together to do, hold- While I am pleased that Mrs. DeVos them. ing all schools accountable. The vision later clarified that she is no longer They were great examples of what we that Mrs. DeVos, on the other hand, confused about whether IDEA is a Fed- have learned about the importance of outlined and has devoted much of her eral law, she has done nothing to reas- hands-on, project-based learning, how work to, would dismantle the progress sure me that she would enforce it or much better students retain informa- we have made, diverting taxpayer dol- that she understands how fragile the tion, knowledge, problem-solving lars to private, religious, and for-profit gains we have made under IDEA are. skills, when they actually have a prob- schools without accountability require- The voucher system that Mrs. DeVos lem to solve, and how important it is ments. supports has often, intended or not, for them to learn to collaborate with Mrs. DeVos advocates for a voucher hurt individuals who experience dis- their fellow students, just the way we system that leaves out students whose abilities. Children and families lose expect people to collaborate as a team families cannot afford to pay addi- legal protections enshrined in the in the workplace. tional tuition costs, and leaves behind IDEA. In some cases, students and After I visited the classes, the stu- students with disabilities because the their families have to sign away their dents at Souhegan had formed a panel schools do not accommodate their civil rights before they can receive to talk with me. There, students with a complex needs. In his book, ‘‘Our their vouchers. Yet many of the pri- variety of interests, backgrounds, and Kids,’’ Robert Putnam notes that edu- vate schools that take those vouch- education levels talked to about how cation should be a mechanism to level ers—the schools that Mrs. DeVos wish- important it was for them to have con- the playing field, but today the in- es to push students to—lack basic re- trol of their own learning, to learn in a equality gap is growing because afflu- sources or accommodations for chil- way, in a style that worked for them to ent students start better prepared and dren who experience disabilities. work with their peers and build off of are more able to pay. So if a family determines that the each other’s strengths and learn from Putnam also points out that daycare school that has accepted their voucher each other. and transportation needs constrain the I also talked with them about New really does not have the resources or amount of choice that poor parents Hampshire’s pilot, project-based com- the expertise to educate their child, have when it comes to voucher pro- petency assessment program called they have no legal recourse. Mrs. grams. We should all be working to fix PACE, something that New Hampshire DeVos’s unfamiliarity with IDEA, her that gap, but the voucher programs received waivers to do over the last comments on students with disabilities that Mrs. DeVos advocates for threaten year, and they are in the process of was something my office heard about to increase the gap. The system that continuing right now. New Hampshire often from Granite State parents who Mrs. DeVos advocated for in Detroit, is piloting a program that moves us MI, has undermined public schools and contacted the office with concerns away, just as was recommended and hurt students in the process. about her nomination. foreseen by the Every Child Succeeds In 2014, Michigan taxpayers spent $1 A mother from Hopkinton, NH, wrote Acts from high-stakes, one-time test- billion on charter schools, but laws to tell me about her daughter who ating to project-based assessments that regulating them are weak and the tends Hopkinton High School and expe- are built into the project-based com- State demands little accountability. riences severe disabilities—is non- petency learning they are doing. The Detroit Free Press reported on the verbal and requires assistance for all We are seeing great success with this Detroit school system, finding a sys- aspects of her daily care. pilot, and schools across the country tem where school founders and employ- This mother wrote: are beginning to adopt it as well. That ees steered lucrative deals to them- Despite all of this, because of the extraor- is the power of strong, innovative pub- selves or to other insiders, where dinary support we have received, she is living a rich and loving life at home and is part lic education. This was an approach de- schools were allowed to operate for of the public school system. I have no con- veloped by teachers and parents and years despite their poor academic fidence that Betsy DeVos would understand students and our Department of Edu- records. or support the role that public schools have cation and our statewide school board The Detroit Free Press described a for taking care of all students. as well as local school boards together. system with no State standards for This mother also called Mrs. DeVos’s Just as we have important initiatives those who operate charters and where a lack of understanding of IDEA ‘‘appall- surrounding project-based learning in record number of charter schools, run ing.’’ New Hampshire, we also have strong by for-profit companies, refuse to de- I also heard from a parent from Con- public charter schools. tail how exactly they are spending tax- cord, NH, who said: I still recall a visit to our North payer dollars. My stepdaughter currently has a 504 plan Country Charter School in one of the One Detroit mother said that Mrs. for both a physical and cognitive disability more rural parts of New Hampshire, a DeVos’s ‘‘push for charter schools at Concord High School, who, incidentally, school that was formed—a regional ef- without any accountability exposed my are doing an excellent job of working with fort—to allow students for whom tradi- children and their classmates to chaos her to make sure her learning needs are met. tional high school was not working, and unacceptable classroom condi- My children deserve a future and so do all whether it be because of their learning tions.’’ children. style, because of particular events that In Florida, the McKay Scholarship This parent said she was feeling ‘‘vul- were happening in their home, or other Program voucher for students with dis- nerable’’ as a result of Mrs. DeVos’s emotional or developmental issues. abilities that Mrs. DeVos has pointed nomination. Parents all across our Na- It allows them to come together and to also raises significant concerns, in- tion deserve to know that the rights of go to school in a way and in a place cluding no due process rights for stu- their children will be protected, and that works for them, keeping them in dents under IDEA, no accountability they are rightfully concerned with Mrs. school, helping New Hampshire meet requirements for participating schools, DeVos’s nomination. its goal set in law that no child drop and absolutely no evidence of student In New Hampshire, I am proud of our out of high school before age 18. success. work to build a future where every The strength of the students I saw at Additionally, the McKay voucher child can get the kind of education the Country Charter School graduation often does not cover the full cost of the

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Rather than taking the approach is committed to upholding that prin- damage not only to our public K–12 schools, we have in New Hampshire, where ciple, not rolling our progress back, of which I graduated from, but also to fed- charter schools supplement a strong and we should all be working together eral student aid programs, which allow many public education system, this system of to ensure that we have strong neigh- of my fellow students and I to attend our na- unaccountable schools destabilizes and borhood public schools, not disman- tion’s fantastic public universities. undermines public schools. tling them. A mother of three children in Fishers Now, given that Mrs. DeVos’s goals I join with my colleagues here today wrote: for K–12 education are what they are and the thousands from my State who I believe our democracy needs well-funded and the fact that we were only given 5 have made their voices heard. We need and accountable public schools for all. Mrs. minutes to question her at the hearing, just one more vote to defeat this nomi- DeVos demonstrates zero interest in sup- many key issues facing American stu- nation and to make clear that the Sen- porting strong public education. For the fu- dents were not discussed at all in her ture of our children, our democracy, and our ate truly values our Nation’s public standing in the global economic system, I confirmation hearing. In particular, we schools. did not talk about higher education. ask that you vote against Mrs. DeVos. I surely hope that there is another A soon-to-be college graduate who is When I was Governor of New Hamp- Senator willing to break with the shire, I was proud of our work to make pursuing a career in public education President and vote against this woe- wrote: college more affordable, building a 21st fully unqualified nominee. century workforce pipeline for our We all have learned in this wonderful I will be graduating from Indiana Wesleyan University in Marion. I have spent the past businesses. country of ours, with each generation, We froze tuition for the first time in semester student teaching at a local school as we include more and more people 25 years at our public university sys- district in Gas City, IN. tem, and we actually lowered it at our who have been marginalized, left out, One of the largest reasons that I wanted to community colleges. We engaged in in- who weren’t counted, that when we in- embrace a career in public education is to clude them, we certainly honor their push students to see their potential, just as creasing and more robust job training I had a teacher do the same for me. Teaching efforts, where we partnered businesses freedom and dignity—important and sufficient, of course, in its own right. is not simply facilitating learning, but rath- with community colleges or other er it is taking the time to fully invest in the learning centers to make sure we were Then when we do that, we also unleash students. Getting to know their students, lis- engaged in the kind of job training the talent and energy of everyone, and tening to what they have to say, and using that would prepare students for the that strengthens us all, helps us thrive, the resources presented to best prepare stu- 21st century economy. helps our economy grow, and makes dents to succeed. I was hoping that at our hearing for sure that America not only leads but I have been able to see this firsthand and Mrs. DeVos’s confirmation, we would deserves to. put this into practice as I have been in three discuss higher education, but issues re- It is our job in the Senate to listen to different school districts throughout my the thousands speaking up for our chil- time at Indiana Wesleyan University. . . . As lating to higher education have been a soon-to-be teacher in the state of Indiana, lost altogether in this discussion. What dren and for the public education sys- I ask you to consider voting no for the nomi- is clear, though, is that Mrs. DeVos has tem that serves all Americans. nation of Betsy DeVos for Secretary of Edu- absolutely no experience in higher edu- Mr. President, I suggest the absence cation. cation. Her written responses following of a quorum. I chose this path as it directly impacted our hearing were troubling. On student The PRESIDING OFFICER. The me, and I want to see students find success. debt, Pell grants, reauthorization of clerk will call the roll. With the right reform, we can see this hap- the Higher Education Act, and job The bill clerk proceeded to call the pen, but with the suggested reforms of Betsy training efforts, her responses were roll. DeVos, we will not be able to help students succeed. vague and offered no vision for issues Mr. DONNELLY. Mr. President, I ask that are critical to millions of Ameri- unanimous consent that the order for Here’s another story. This one is cans. When asked about for-profit colleges, the quorum call be rescinded. from Muncie. which have had a history of taking advan- The PRESIDING OFFICER (Mr. As a mother and public education advo- tage of students, including but not limited to DAINES). Without objection, it is so or- cate, I am writing to request that you vote our veterans, Mrs. DeVos said she was agnos- dered. no to the appointment of Betsy DeVos as tic—that is her word—about the tax filing Mr. DONNELLY. Mr. President, I rise Secretary of Education. As you are aware, there are many challenges facing education status of higher education institutions. That today to speak about the nominee for is just not acceptable. in the United States. . . . Ms. DeVos’ track Secretary of Education, Betsy DeVos. I record in the state of Michigan would be dev- I believe we should be expanding Pell am here not only to reiterate my con- grants. We should lower the interest astating to the country as a whole if she cerns about Mrs. DeVos but to share were to be given the position of Secretary of rates on student loans. We should be some of the letters and emails I have Education. For the sake of my children, expanding apprenticeship and job received from Hoosiers about her nomi- their dedicated teachers and children across training opportunities. We need to nation. the nation, I respectfully request your ‘‘no’’ crack down on predatory for-profit col- Every Hoosier and every American vote to her appointment. leges. deserves access to a quality education. A woman in Zionsville wrote as fol- We need an Education Secretary who It prepares our students to enter the lows: understands and is able to focus on workforce, to secure good-paying jobs, I feel that the DeVos agenda plans a dan- higher education, and it is clear that and to succeed. As I have said, after re- gerous voucher program that robs public Mrs. DeVos does not have that experi- schools of money and allows unprecedented ence or focus. viewing the record of Mrs. DeVos, I believe she lacks the commitment to support of K–12 programs with opaque stand- Mr. President, our Founders under- ards, curriculum and accountability. In Indi- stood that public education for our public education needed to effectively ana we have struggled with the skills gap citizens was essential to the func- lead the Department of Education. I and graduating students that are prepared tioning of our democracy. In 1786, am deeply concerned that she will not for the available workforce positions. . . . I Thomas Jefferson wrote: focus on priorities important to Hoo- beg you to speak out against the appointment of Ms. DeVos as Secretary of Edu- I think by far, the most important bill in sier families: expanding access to early cation. our whole code is that for the diffusion of childhood education, improving our knowledge among the people. No other sure public schools, and addressing increas- Hoosiers have the right to an edu- foundation can be devised for the preserva- ing student loan debt. cational system that strives for high tion of freedom, and happiness. Now I want to share some of the con- standards, transparency, and success, Generation after generation has cerns I have heard from people all and I do not believe the DeVos model worked to build on those ideals, includ- across Indiana about Betsy DeVos. will be able to deliver on any front.

VerDate Sep 11 2014 04:25 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.057 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S722 CONGRESSIONAL RECORD — SENATE February 6, 2017 A retired special education teacher holding the promise that all kids deserve a tention on key educational issues, pro- who taught in Mishawaka for 24 years shot at success through education. hibiting discrimination, and ensuring wrote: These kids are our future, and we owe it to equal access to education. After consid- them to lead wisely. Unfortunately, Ms. ering that mission, I do not believe I implore you to vote ‘‘no’’ on the con- DeVos will not lead us to that future. firmation of Betsy DeVos as Secretary of Betsy DeVos should be the next Sec- Education. Her selection by Donald Trump A mom in Evansville wrote: retary of Education. was clearly an attempt to further dismantle I have one child in college and two others Surely we can agree that every child the public school system in the United in public elementary schools. My children in the United States should have access States. The poor, the disadvantaged, and the have received and are getting very good edu- to a first-rate education to ensure a disabled would suffer great educational set- cation in public school and are in advanced chance of a good job and good pay. I backs with her as Secretary of Education. classes. I am very concerned about the ap- know this from my own life experi- A woman in West Lafayette wrote: pointment of a woman who has been advocating against our public school system for ences and, in particular, the impact As a future special education teacher, I years. We must do better for our children. that a good teacher can have on a find it horrifying that [Ms. DeVos] seems to Please fight for our public schools and our young child. You see, my first grade be unaware of the IDEA Act, which protects children, and do everything in your power to teacher, Mrs. Frances Wilson, God rest the rights of millions of children with dis- keep Betsy DeVos from becoming our Sec- abilities. It is completely unacceptable that her soul, attended my law school grad- retary of Education. our country should have someone in charge uation. I would not be standing here of education who is unaware of this monu- This is just a small sampling of the were it not for the education I re- mental law. Education is so important for letters and emails I have received from ceived, and I know that to be true for the future of this country and everyone de- Hoosiers all over our State who are so many of our colleagues in the Sen- serves equal opportunity to get a good edu- deeply troubled and who are opposed to ate. cation. . . . This is why I ask you to please Betsy DeVos. They wrote to me not as After I reviewed Betsy DeVos’s nomi- vote no for DeVos. Republicans, Democrats, or Independ- nation, including her record and con- In a letter from Greenwood, a woman ents but as concerned Hoosiers, as firmation testimony, and after speak- wrote: moms and dads who love their kids. ing with teachers and students and par- As a mother of two children, one with se- They are worried about an issue we ents from across California, it is clear vere disabilities, please know I do not sup- should all be able to agree on: the im- she does not understand the impor- port Betsy DeVos as Secretary of Education. portance of ensuring our children have tance or the impact of a public school I can only hope that you will bear with me access to a quality education. teacher like Mrs. Frances Wilson. as I offer the story of my son below. While I said I would vote against Why? Well, first and foremost, our My son was born full-term and healthy. country needs a Secretary of Education From 18 hours until two weeks old, he fought Betsy DeVos’s nomination, I will con- for his life. At two weeks old, a heart defect tinue to fight for our public schools, who has demonstrated basic com- was discovered. Next was heart surgery, re- our teachers, and our students. I will petency when it comes to issues facing covery, and he was home at exactly one continue fighting for them because en- children. They just need to know what month old. Saying we were ill-prepared for suring our students have access to good they are talking about. When ques- the future would be an understatement, to schools and good teachers lays a foun- tioned in the hearing by my colleague say the least. dation for our students to reach their Senator FRANKEN, it was clear Mrs. We had no way of knowing the repair to his DeVos didn’t know the difference be- heart would not also repair all the damage to potential, and it is fundamental to their success and in turn our country’s tween two basic theories of testing: his brain and body. He was eventually gifted proficiency and growth. This, in fact, is multiple diagnoses: cerebral palsy, con- success. genital heart disease, significant mental and We love our schools, we love our kids, one of the biggest debates occurring in physical disabilities and severe GERD. To and all we want is the best for them the education community today, and match the diagnoses, he was also provided and an extraordinary education. That she was unaware of the significance of coordinating medical equipment: wheelchair, is why I will be voting against Betsy the nuances and the difference between communication device, standing equipment, DeVos for Secretary of Education. the two. As we know, proficiency es- a special seating device, feeding pump, and sentially asks whether a student has a leg braces. Mr. President, I yield the remainder of my postcloture debate time to Sen- basic competency or understanding of a Skip ahead to today and you’ll discover a subject; looking at a child and asking: 15-year-old doing his absolute best to find his ator SCHUMER. Is that third grader reading at third place in this quick-paced world. It took a The PRESIDING OFFICER. The Sen- grade reading level? long time, but over the past 3 to 4 years, he ator from New York may accept 18 Growth. It is a question of whether a mastered his communication device and has minutes. student is progressing from year to shown he is capable of learning and under- Mrs. MURRAY. Mr. President, I sug- standing. year or asking if a third grader who gest the absence of a quorum. While it took all this time for him to show started their year reading at first us, it took the relentless dedication of very The PRESIDING OFFICER. The grade level can now read at second special teachers to really make it happen. clerk will call the roll. grade level. Has there been progress? His teachers worked tirelessly to develop ex- The senior assistant legislative clerk This debate will define how we are tremely specific Individualized Education proceeded to call the roll. judging schools across the country, and Plans for him. I am certain without the Indi- Ms. HARRIS. Mr. President, I ask her lack of knowledge and fluency viduals with Disabilities Act and Free Ap- unanimous consent that the order for propriate Public Education, he would not demonstrates her complete lack of ex- the quorum call be rescinded. perience, understanding, and curiosity have achieved his current level of learning. I The PRESIDING OFFICER. Without also feel his teachers would not have been about one of the hottest issues in mod- able to get him to this level without the objection, it is so ordered. ern education. right educational tools in our public schools. Ms. HARRIS. Mr. President, I rise to Now let’s talk about guns in schools. I wanted you to feel my emotions and how speak about the nominee for the De- At first, she at best showed ambiva- difficult his life truly is. Please don’t make partment of Education, Betsy DeVos. I lence toward gun-free school zones, but his education any harder than it already has cannot vote for her confirmation. it gets better. She went on to say that been. The mission of the Department of she does not have any questions, and A former public schoolteacher in In- Education, as mentioned, ‘‘is to pro- that without any questions, she does dianapolis wrote: mote student achievement and prepa- not believe you need guns in schools. I watched all of Betsy DeVos’s Senate con- ration for global competitiveness by Then she went on to say, well, but we firmation hearing. As the minutes churned fostering educational excellence and need guns in schools, yes, because griz- by fear, fury, and grief built within me. I will ensuring equal access.’’ The Depart- zly bears may pose a significant threat not sit back and watch as a nominee for Sec- ment achieves this by establishing to the safety of our children and per- retary of Education prepares to take the policies on Federal financial aid for helm who does not commit to protecting haps their education. children in public schools. I hope you stand education and distributing as well as I say Ms. DeVos poses a far greater with me to firmly reject Betsy DeVos for monitoring those funds, collecting data threat to public education. Secretary of Education. We must commit on America’s schools and dissemi- Let’s talk about title IX. Another our care, our love, and our attention to up- nating research, focusing national at- moment in her hearing is when the

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For example, league ELIZABETH WARREN, who asked million in Pell grants for California women were not being admitted to the whether or how she would protect students could be lost, 43,000 or more University of Virginia. Even Luci against waste, fraud, and abuse at for- teacher positions in California could be Baines Johnson, the daughter of Presi- profit colleges. She asked this of the eliminated, and $8.96 billion in student dent Johnson, was barred admission to nominee, and it was troubling to see loans could be at risk for California’s Georgetown University after she got that the nominee was equivocal at college students. married because it was common per- best. The bottom line is this—fewer teach- ception at that point in time that if Now, let’s talk about the nominee’s ers, fewer resources for students and she was married, then that is what she record as it relates to the children of parents, and less aid to make college should pursue. She should pursue a ca- her home State of Michigan. Since the affordable. Maybe one school will cut reer in the home and could not be capa- growth of charter schools, Michigan their after-school program or stop ble of doing that as well as working has gone from performing higher than teaching the arts, or it doesn’t have a outside the home. Title IX is a law that average on the National Assessment of guidance counselor or decides they will guarantees women and girls the right Educational Progress in the year 2000 just let class size balloon because they to a safe education, free from discrimi- to below average by the year 2015. A don’t have enough teachers. We know nation. 2015 Federal review found an ‘‘unrea- that is not good enough for any of us. Let’s be clear how title IX helps sonably high’’ number of charters in There is a clear connection between today. It is title IX that required uni- Michigan which were among the bot- public education and public safety. versities to prioritize a safe environ- tom 5 percent of schools nationwide. When I was the district attorney of San ment for girls—safe from abuse and According to a report from Chalkbeat, Francisco, there was a rash of homi- sexual assault. We know this is a real an education publication, when the cides one year. All of us in a position of leadership were rightly concerned, and issue. In fact, the Department of Edu- Michigan legislature attempted to add we did the predictable and the right cation estimates that one in five oversight for both charter schools and thing: We figured out how to put more women has been sexually assaulted traditional public schools in Detroit, cops on the street, we looked at our during her college years. the nominee’s family opposed the As attorney general of California, I gang intervention strategies, and we measures and poured $1.45 million in was proud to bring together colleges figured out very predictable and good the legislature’s campaign coffers—an and local law enforcement agencies to ways of reacting to these crimes after average of $25,000 a day for 7 weeks. create protocols for investigating and they occurred. The oversight measures, she is happy prosecuting sexual assaults. It has But I asked a question. I asked a helped schools and law enforcement to say, never made their way into the member of my staff: Do an assessment implement changes to California law to legislation. We cannot have someone and tell me who are these homicide better protect survivors of sexual as- who wants to lead our highest Depart- victims? In particular, who are the sault. I championed new methods to ment of Education who does not sup- homicide victims under the age of 25? allow California to process rape kits port the importance of oversight, of The reason I asked that question is and clear a longstanding backlog of making sure that the children are get- pretty simple. There were just a lot of rape kits in the State crime labs. I ting the benefit of their bargain. them. Sure enough, the data came back According to data released from the fought to ensure that survivors have to me. It included the fact that, of the the support they need and that their Michigan Association of Public School homicide victims under the age of 25, 94 attackers face swift accountability and Academies in 2015, only 17 percent of percent were high school dropouts. consequences for their crimes. Detroit charter school students were Over the years, I have taken a closer There is no question that ending rated proficient in math, compared to look at this issue. I have learned that campus sexual assault should be a 13 percent of students in traditional 82 percent of the prisoners in the moral imperative for our country, and public schools. Even Eli Broad, a great United States are high school dropouts. it should be a priority for the next Sec- Californian and strong supporter of I have learned that an African Amer- retary of Education of the United dramatic education reforms, has ex- ican man who is a high school dropout States. For that reason, it is unfortu- pressed strong concerns about the between the age of 30 and 34 is two- nate—and, yes, troubling—that Mrs. nominee’s nomination. That should tell thirds as likely to be in jail, have been DeVos will not guarantee enforcement us all something. in jail, or dead. There is a direct con- of title IX. Now let’s talk about the impact on nection between what we do or do not Then let’s talk about the Individuals California. During the campaign, Presi- do in our public education systems and with Disabilities Education Act, or dent Trump said he would take $20 bil- the price we all pay in terms of our IDEA. I know my colleague Senator lion from existing Federal education public safety. I say to everyone con- HASSAN has spoken extensively about programs—which, by the way, is more cerned: There are good reasons to care this. This act has been around for dec- than half of the Department’s budget about the education of children. If ades—four decades, to be exact. Before for K–12 education—and instead put nothing else, be concerned about why it existed, we were not prioritizing that money into a voucher-like system. you have to have three padlocks on these children. We did not give them The President also committed to get- your front door. If we don’t educate our the services they needed. We had writ- ting rid of the Department of Edu- children in our public school system, ten off a whole population of our chil- cation in its entirety, which would put we all pay the price. dren. When asked by my colleague half a million teachers out of work. Mrs. DeVos’s agenda means fewer MAGGIE HASSAN about this piece of leg- The nominee has committed to work- teachers and resources and worse islation, the nominee showed a coming with him on these plans. schools. Fundamentally, her lack of plete lack of knowledge about how it is Let’s be clear. This plan would be understanding of the rights teachers implemented. That is simply unaccept- devastating for public schools, includ- have today, the rights parents have able. We cannot go back to a time ing the schools in California that serve today, and the rights students have when we wrote off a whole population over 6 million students. This also today mean one thing: She cannot— of people, and it cannot only be the means California students could lose and will not—uphold the law if she does parents of those children—but all of us, $2.3 billion in Federal education fund- not understand the law. Her testimony as the adults of a society and a coun- ing, which could end critical programs. has made clear that she does not un- try—who look out for our most vulner- For example, the Individuals with Dis- derstand IDEA, she does not under- able children. abilities Education Act serves thou- stand initiatives like gun-free zones in Then, let’s talk about for-profit col- sands of California’s disabled students schools, and she does not understand leges, which I know something about and serves them well. But his plan the history or the need for title IX.

VerDate Sep 11 2014 04:25 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.060 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S724 CONGRESSIONAL RECORD — SENATE February 6, 2017 If Betsy DeVos gets her way and cuts mously. This committee has on it, Over time, as our Republic became funding for public schools, that means among other people, Senator BERNIE more and more democratic, as the fewer teachers. If she does what she did SANDERS from Vermont and Senator right to vote and lead was secured by in Michigan, that will mean poor out- RAND PAUL from the Commonwealth of African Americans and women, edu- comes with fewer high school grad- Kentucky. They seldom agree on any- cation became the fundamental means uates. What we know is that these are thing, but they agreed on that bill. We by which Americans sought to secure the kinds of policies that prevent us got it out of the committee almost their liberty and their equality. from actually achieving all that we unanimously, and then passed it on the Perfecting our Union by expanding know we can be as a country, which is floor of the Senate with over 80 votes. education has not come without strug- about paying attention to all the mem- It passed with a huge bipartisan vote in gle, but we have often succeeded be- bers of our society, and, in particular, the House of Representatives, and it cause we have recognized that sym- our children, and investing in them was signed by the President. It was 7 biotic relationship among the needs of with the education they so richly de- years too late, but we were able to do our country and the success of indi- serve so they can one day stand in this it in a bipartisan way—which is what vidual Americans and our aspiration to Chamber as a Member of the Senate, education issues should always require. move forward. This included the need doing the best of what we know we can It is a shame that tonight we are here for a universally literate workforce in do as a country. with a partisan divide because of the the 1830s and the creation of Horace Simply put, I will say this. It is clear selection President Trump has made to Mann’s Common School Movement; the from her testimony that Betsy DeVos lead the Department of Education. demand at the turn of the 20th century has not done her homework. She hasn’t So I just want to say thank you to replace out-of-date Latin schools done her homework in terms of pre- again to Senator MURRAY for her lead- with progressive high schools that preparing for the job, and she did not do ership. pared students for the emerging indus- her homework in terms of preparing for Since our first days before we found- trial workforce; the challenge of pro- her hearing. I say that right now the ed this country, education has been an viding World War II veterans with a ca- Senate must do our job, we must do our American value. In Massachusetts, reer path and the creation of the GI homework, and we must refuse to con- Pennsylvania, and elsewhere, colonists bill for college education; and the need firm her as the next Secretary of Edu- recognized their collective responsi- to tear down the barriers of Jim Crow cation. bility to educate their children. They school systems in the 1950s and 1960s. Mr. President, I yield the floor. wrote into law that children, both Too often, as a country, we con- Mr. BENNET. Mr. President, I sug- wealthy and poor, must be taught to fronted these challenges too late and at gest the absence of a quorum. read and write, and to learn a skill, the tragic expense of our fellow Ameri- The PRESIDING OFFICER. The like blacksmithing, weaving, or ship- can’s potential. ‘‘With all deliberate clerk will call the roll. building, to secure their economic speed’’ has proven not fast enough, es- The senior assistant legislative clerk independence. As democracy took root pecially for children living in places proceeded to call the roll. in early America, public education be- like the Mississippi Delta and South Mr. BENNET. Mr. President, I ask came not just an ideal but an impera- Central Los Angeles. unanimous consent that the order for tive. An enlightened public, the Found- At each of these turning points, we the quorum call be rescinded. ers believed, was essential to self-gov- have asked for more from our public The PRESIDING OFFICER. Without ernment. schools. To their credit, our edu- Thomas Jefferson wrote that we objection, it is so ordered. cators—teachers, specialists, and prin- must ‘‘educate and inform the whole Mr. BENNET. Mr. President, I wish cipals—have risen to the challenge, mass of the people. . . . They are the to begin by congratulating our new many times much sooner than the rest only sure reliance for the preservation Senator from California for her first of us. They have helped us build a na- speech in the Chamber. I know it is not of our liberty.’’ Benjamin Franklin believed: ‘‘The tion admired for our forward progress, her first official speech, but she is here for opportunity, and for equality. on this important night to talk about good education of Youth has been es- teemed by wise Men in all Ages, as the That is the American ideal from our the state of public education in this founding until today. I come to the country and this confirmation process. surest Foundation of the Happiness both of private Families and of Com- floor tonight with a sense of urgency So I thank her for her remarks. I also mon-wealths.’’ because our generation is at risk of want to thank the ranking member of With education, the common man being the first American generation to the Education Committee of the Sen- would be able to select leaders wisely leave less opportunity to our children ate, Senator MURRAY from Washington and fight back against the tyrannical than we inherited. If we do that, we State, who is here tonight as well. I instincts of those in power. He would will have broken a fundamental Amer- know she has been here all day today be able to understand, maintain, and ican promise to our children. and was here all day on Friday as well, protect his rights, so that government In our Nation, education is supposed because the set of issues we are dis- could not usurp authority and devolve to be at the heart of opportunity, but cussing are so important. into despotism. today our education system fails far As I sat here listening to the Senator In a country ‘‘in which the measures too many kids. Schools that once were from California, I was thinking about of Government receive their impres- engines of opportunity and democracy the work we have done recently on the sion so immediately from the sense of are now too often traps for intergener- committee on which we both serve— the Community as in ours,’’ George ational poverty. the Health, Education, Labor, and Pen- Washington explained, ‘‘knowledge . . . As a result, only 3 out of 10 children sions Committee—with the leadership is proportionally essential.’’ born to very low-income families in the of Chairman ALEXANDER, a Republican This set of beliefs represented a fun- United States will make it into the from Tennessee, and Ranking Member damental break from the aristocratic middle class or higher. Only 4 out of 100 Senator MURRAY, from Washington ways of the old world. A republic that will make it to the top 20 percent of in- State, to pass a new reauthorization of was ‘‘for the people’’ and ‘‘by the peo- come earners. Already, the United No Child Left Behind—a bill that if you ple’’ required an educated people. States has less social mobility than at said: Let’s have a rally on the steps of With this new world also came a new least 12 other developed countries— the Capitol to keep No Child Left Be- conviction that individuals could de- among them, Canada, Japan, and Ger- hind the same, not a single person in termine their own future, that their many. the United States would have shown up birth or circumstance no longer lim- In America, children growing up in for that rally. It took this body 7 ited their potential. This foundational poverty here hear 30 million fewer years—7 years after we were supposed idea grew to become the American words than their more affluent peers to reauthorize No Child Left Behind— dream: Every child, regardless of who by the time they reach kindergarten. to actually do the work. But when we her parents are or where she came In fourth grade, only one in four of our did the work, we were able to get it from, could achieve an education and students in poverty is proficient in through the committee once unani- grow up to achieve a better life. math, and fewer than that can read at

VerDate Sep 11 2014 04:25 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.062 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 6, 2017 CONGRESSIONAL RECORD — SENATE S725 grade level. As few as 9 will receive a for innovation in school autonomy, and protections as the backbone of change. bachelor’s degree by age 25. we must also provide choice to parents We cannot have made the changes we As a nation, we are falling behind the and kids, but our goal is not, and did had it not been for the national de- rest of the world. When George Bush, should not be, school choice for mand for improvement in our schools— the son, became President in 2000, we choice’s sake. the civil rights impulse that underlies led the world in college graduates. For a youngster in a low-income fam- the Federal involvement in public edu- Today we are 16th in the world. Amer- ily, there is no difference between cation, as well as the courage of our ican 15-year-olds score lower than their being forced to attend a lousy school community to demand something bet- peers in 14 countries in reading, 36 and being given the chance to choose ter for our children. Denver has begun countries in math, and 18 in science. among five lousy schools. That is no to see the results of hard work. Much of the rest of the developed and choice at all. It is certainly not a Over the last decade, Denver Public developing world is figuring out how to meaningful one. The goal is, and must Schools students’ achievement growth produce more and more educated citi- be, to offer high-quality education at increased faster than the State’s in zens, while the United States is stand- every public school so parents can both math and English. This outcome ing still and therefore falling behind. choose among grade schools in their was achieved by students qualifying for We must refuse to accept outcomes neighborhood and throughout their cit- free and reduced-price lunch and also that are a tragedy for our children, a ies and towns. students not qualifying for free and re- threat to our economy, and an immeas- We must refuse to accept the false duced-price lunch. Latino and African- urable risk to our democracy. choice I have heard over and over again American students’ achievement in To make change, we need to stop during this confirmation process that English and math grew faster than treating America’s children as if they you either support school choice in their counterparts’ throughout the belong to someone else. To meet our whatever form or you defend the status State. children’s needs, we must invent a 21st quo, just as we must reject the idea Sixty-one percent more students century approach to education, a sys- that you cannot support public schools graduated in 2016 than in 2006. We have tem for the delivery of free, high-qual- and advocate for change. a long way to go, but I would suspect ity education built for the future, not This old rhetoric and manufactured that if we could say of every urban for the past. political division will not work for our school district in America that we are We must have the courage to shed old kids. We need to rise above the narrow, graduating 60 percent more students ways of thinking, abandon commit- small politics that consume our atten- this year than we were a decade ago, ments to outdated approaches, and ex- tion and permit and prevent us from we would be feeling a lot better about plore new ideas. This reenvisioned sys- making tough choices. Instead, we need where we are headed as a country. In tem must focus like a laser on what is to recognize that a 21st century edu- Denver, over that time, the overall best for kids, not what is convenient cation can and should look very dif- ontime graduation rate increased al- for adults. It must be comprehensive ferent than a 19th century education or most 30 points, and the ontime gradua- and integrated from early childhood to a 20th century education, and no mat- tion rate for Latino students has dou- postsecondary education. ter what approach or method of deliv- bled since 2007. A 21st century system of public edu- ery, it must be high quality. Since 2006, Denver Public Schools’ cation must set high expectations, de- The good news is, we know it is pos- enrollment has increased—many cities mand rigor, and create meaningful ac- sible to reverse course and create have lost enrollment—over 25 percent, countability. This system must em- meaningful change. Several cities making it the fastest growing urban brace different kinds of schools and around the country have already begun school district in America, partly be- create a culture that is focused on con- creating roadmaps to this 21st century cause Denver has grown but also be- tinuously learning from each other— approach. Denver is one of them. cause parents and kids and families among traditional, charter, and inno- In Denver, we made a deal—create a have now found schools that are re- vation schools, and across districts, public choice system that authorizes sponsive to their families’ needs and cities, and States. charters, creates innovation schools, supportive of their children. We need to change fundamentally and strengthens traditional schools. I am the first to say, and I always how we prepare, recruit, place, train, We empowered schools through auton- will be the first to say, that we still retain, and pay teachers and school omy and worked to create a culture of have a lot of work to do to make sure leaders. That entire system belongs to shared learning and innovation focused the ZIP Code Denver’s children are a labor market that discriminates on all ships rising. We demanded qual- born into doesn’t determine the edu- against women and said you have two ity, and we implemented strong ac- cation they receive. But cities like professional choices: one is being a countability. High-performing schools Denver are moving in the right direc- teacher and one is being a nurse. So were rewarded, replicated, and ex- tion. Now we need to move a nation in why don’t you come teach Julius Cae- panded. Low-performing schools had to the right direction. sar every year for 30 years of your life be improved or be shut down. Tonight, as we stand here in this in the Denver Public Schools, where we We made tough decisions. We closed marbled Chamber among these statues are going to pay you a wage far lower schools. I sat in living rooms, class- that tie us to our past, I am thinking than anybody else in your college class rooms, and gymnasiums with parents of our future. I am thinking of the mil- would accept. urging them to demand more from the lions of poor children across time zones Those days are gone. We had dis- school district, even if it meant that our Founders could not have imagined, crimination in the labor market that their child had to go to a different heading home after a long day at actually subsidized our school system school. Along with concerned citizens, school, shifting their backpacks of because very often the brightest stu- teachers, and principals, I went door- books to find a comfortable spot, dents in their class—very often to-door to enroll kids in new schools. sharpening pencils for math and pas- women—had no other career options Denver created innovative teacher tels for art, clearing a space on a busy and therefore were willing to teach. and school leadership policies. We tried dinner table for homework. I am think- That whole system needs to be trans- to rethink the tired model of the last ing about children teaching other chil- formed in the 21st century. We have 1.5 century and create a new career for dren, older brothers and sisters teach- million new teachers whom we have to this one. That is why today in Denver ing their younger siblings, expecting hire over the next 6 to 8 years in this you will find teachers teaching other that they will have more opportunity country, and we have no theory about teachers and being paid for it, knowing than their parents. I am remembering how to hire them or how to keep them. that their job is not only to educate the naturalization ceremony I attended Fifty percent of the people are leaving their students but also to improve the just last Friday at Dunn Elementary the profession now in the first 5 years. honorable craft of teaching so our kids School in Fort Collins, CO, where Kara This new system of public education can achieve even more. Roth’s fifth grade class welcomed 26 should embrace technology and person- We used the levers of Federal law, new Americans from 13 countries to alized learning. We must create space strong accountability, and civil rights the United States. I am thinking about

VerDate Sep 11 2014 04:25 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.064 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S726 CONGRESSIONAL RECORD — SENATE February 6, 2017 teachers and principals and students— standing and appreciation of the chal- problem—one that I expect any incom- while we are here speaking—who are up lenges we face and the depths of solu- ing Secretary of Education to be in- tonight, planning for tomorrow, and tions they demand. formed about, to be concerned about, hoping for a future that allows them to A commitment to choice without a and committed unequivocally to con- review at home before they teach to- commitment to quality serves ideology fronting head-on. morrow the best lessons for teaching rather than improvement, and a com- Much of the discussion so far has the productive and destructive forces mitment to competition without a been about the commitment of a Sec- of volcanoes, what Scout learns in ‘‘To commitment to equity would forsake retary of Education to our K–12 sys- Kill a Mockingbird,’’ or the mathe- our democratic ideal that a free, high tem. Serious concerns have been matical reasoning that calls on us to quality public education must open the raised, but it is important to know in invert the second fraction when we di- doors of opportunity for all. For the this debate that the Secretary of Edu- vide. I am imagining a country that first generation of students to whom cation also has responsibility over our fulfills our generational responsibility that promise feels elusive, they deserve higher education institutions. by providing quality early childhood an Education Secretary who has the In our hearing, Betsy DeVos actually education to every American family courage, competence, and commitment agreed with me that President Trump’s who wants it—a K–12 school for every to orient our mighty education system horrifically offensive leaked comments child to which every Senator would be to build opportunity for all. Mrs. from 2005 describe sexual assault. She proud to send his or her child or grand- DeVos shows none of those skills, and was clear. But I was deeply dis- child and access to college and skills our young people cannot afford to wait appointed, to say the least, in Mrs. training that prepare students for eco- 4 years for their chance at the Amer- DeVos’s responses to simple questions nomic success without shackling them ican dream. about whether she would seek to con- to a lifetime of debt. Millions of Americans recognize this, tinue the Obama administration’s work All of that leads me to comment which is why this nomination has gen- to protect students and stand with sur- briefly on President Trump’s nomina- erated more controversy than any vivors. When she was asked whether tion for Education Secretary. I have no other. I look forward to working with she would uphold the guidance issued doubt that Mrs. DeVos sincerely cares anyone—as I have over the years, in- under the Obama administration to about children. It is not her fault that cluding even Mrs. DeVos—anyone in- hold schools accountable for stronger, President Trump nominated her. So let terested in improving our children’s more effective investigations of sexual me be clear that I am addressing the opportunities and taking seriously the assault, she wouldn’t commit to that. President and not Mrs. DeVos when I future of our democracy. But I will not She would not commit to that. When I say that this nomination is an insult to support her nomination. I will vote no asked her whether she would continue school children and their families, to on this nomination and urge my col- key transparency measures, like week- teachers and principals, and to commu- leagues to do the same. ly public reports on active investiga- nities fighting to improve their public Mr. President, I yield the floor. tions into potentially mishandled sex- schools all across this country. I suggest the absence of a quorum. ual assault cases, she dodged the ques- Even with the limited questioning al- The PRESIDING OFFICER. The tion. lowed at the education committee clerk will call the roll. These answers are especially con- hearing, it quickly became clear that The bill clerk proceeded to call the cerning given that Mrs. DeVos has Mrs. DeVos lacks the experience and roll. gone so far as to donate to an organiza- the understanding to be an effective Mrs. MURRAY. Mr. President, I ask tion dedicated to rolling back efforts Secretary of Education. The bipartisan unanimous consent that the order for to better support survivors and in- progress of American education the quorum call be rescinded. crease accountability. Let me tell you achieved over the last 15 years was The PRESIDING OFFICER. Without that again. Mrs. DeVos has gone so far predicated on a deep commitment to objection, it is so ordered. as to donate to an organization dedi- three principles: transparency, ac- Mrs. MURRAY. Mr. President, over cated to rolling back efforts to better countability and equity. the course of this debate, over the last support survivors and increased ac- Mrs. DeVos’s testimony and public 9 hours, plus 6 hours on Friday of the 30 countability. record failed to establish her commit- hours that we have on this, many Sen- Let’s be clear. The epidemic of sexual ment or competence to protect any of ators have come to the floor to talk assaults on our college campuses these foundational principles. Her ‘‘let about their concerns about the nomi- means that in States across the coun- a thousand flowers bloom’’ approach nation of Betsy DeVos to be Secretary try, students’ basic human rights are asks American school children to take of Education. being violated. I am deeply proud to a huge step backward to a world with- There are open questions about her see the work that has been done on this out the high expectations and trans- extensive financial entanglements. issue over the last few years. Survivors parency that we need to give parents There are open questions and a clear have bravely stepped up to make clear and taxpayers the information they de- concern about her lack of under- they expect far better from their serve on how our schools are per- standing of basic education issues. We schools and their communities. By forming. Those high expectations, have heard that time and again, as well speaking out, by being courageous and paired with the clear commitment to as the many ways in which her vision speaking out, they have shown other accountability, ensure that our suc- for our education system is really at survivors they are not alone. cessful schools should be replicated and odds with where families and commu- Key university leaders have made our struggling schools should be held nities nationwide want us to go. fighting campus sexual assault a top accountable for improvement, regard- But let me take just a moment to priority by developing new partner- less of whether it is a choice school or focus on one major concern in par- ships in their communities and a district school. ticular. It is a public health threat prioritizing prevention. New measures Finally, we know that the Secretary that I know is deeply concerning for to increase transparency and aware- of Education holds the sacred job of en- families and communities across this ness went into effect in 2013 thanks to suring that every child in America gets country, and that is the epidemic of the reauthorization of the Violence the resources and the support they de- sexual violence on our college cam- Against Women Act. These are hard- serve, regardless of their income, back- puses. One out of five women and 1 out won steps forward on an issue where ground, or educational needs. This of 71 men are sexually assaulted while some Democrats and Republicans have commitment to equity is at the core of in college. In 2013 alone, college cam- finally been able to find common the Elementary and Secondary Edu- puses reported 5,000 forcible sex of- ground. cation Act. Mrs. DeVos has shown no fenses, and a recent study indicated There is much more to do. The next evidence of her commitment to be the that number could be much greater. Department of Education should not be torch bearer for both excellence and There should be no question that sex- standing on the sidelines, much less equity. Her ideology and dogmatic ap- ual violence on our campuses is a taking us backward on an issue that is proach communicates a lack of under- great, widespread, and unacceptable so critical to student safety on campus.

VerDate Sep 11 2014 04:25 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.066 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 6, 2017 CONGRESSIONAL RECORD — SENATE S727 So I hope that as my colleagues are was a disaster. It was so clear to mil- raises questions about the company in listening to the debate here today, to- lions of families how little she really which she plans to remain invested. night, and tomorrow, that they con- understood about education issues. She still, by the way, has not fully an- sider what Mrs. DeVos’s leadership at I have to tell you, as a former pre- swered my questions about her com- the Department of Education means on school teacher myself and a former mittee paperwork. this issue, the issue of making sure school board member, someone who got As I told the Republican chairman at men and women on our college cam- my start in politics fighting for strong our markup, the process that has taken puses can go there to learn and not be public schools, as a Senator committed place on Mrs. DeVos’s nomination is a worried about being a victim of sexual to standing strong for public education massive break in the tradition of this assault and having nowhere to turn and in America, as a mother and a grand- body. We should not have had a vote in not have the confidence that their mother who really cares deeply about this committee until all Senators had voices will be taken seriously. the future of our students and our received appropriate responses to rea- On another area, nominees for Sec- schools, I know that we can and we sonable questions and until a second retary of Education have largely been must do better for our children and our hearing was held so that Senators people, over the past, who were very students and our parents and our could get these serious concerns ad- committed to our students, who had teachers. dressed and do their job scrutinizing long careers dedicated to education, The decision we are making here on the nominee. and who were focused on keeping pub- whether to confirm Betsy DeVos for Understand, we had a hearing. We lic education strong for all of our stu- Education Secretary will help set the were limited to 5 minutes each. And we did not have all of the paperwork, so dents and for all of our communities. course for our public education system Public education is a core principle for years to come. So I hope, again, we could not do our homework to make that our country was founded on, that that our colleagues are listening to sure we were asking the questions we no matter who you are, where you this debate and thinking about it and needed that needed to have a public de- come from, or how much money you not just voting rotely on this. This is bate. So, again, that is another reason I am deeply concerned about this nomi- have, this country is going to make so important. sure all young people get an education. Quite frankly, I am disappointed that nee. We do not yet know whether there are conflicts of interest. That is how our country has been our Republican colleagues have moved For a Secretary of Education who us so fast into this debate. I have been strong in the past. That is how our wields tremendous power over our K–12 in the Senate a long time. I know what country has to be in the future. Free system and our higher education sys- the usual practices are when we go public education. tem—as we all know, there have been Well, Betsy DeVos is a very different through hearings and listen to nomi- tremendous questions over the past nominee. She has spent her career and nees from Presidents who are Repub- decade about access to higher edu- her fortune rigging the system to pri- lican and Democrat, Republican ma- cation; whether you go to college and vatize and defund public education, jorities and Democratic majorities. I get the degree you have been promised; which will hurt students in commu- was here when the Senate was 50–50. whether institutes have been respon- nities across our country. She is not There are practices we have to make sible and accountable; and how we as personally connected to public school— sure that all Senators get the informa- the Senate and House can come to- except, by the way, through her work tion they need so they can make a wise gether to make sure that when a stu- over the years trying to tear them decision with their vote for which they dent takes out a student loan or in- down. She has committed herself for will be held accountable. vests in a higher education institution, decades to an extreme ideological goal Quite frankly, the usual practices they know they are getting their mon- to push students out of our public here were really being ignored. The ey’s worth and if there are taxpayer schools and weaken public education. right thing to do was being ignored. dollars involved, that the taxpayers are I can talk at length about Betsy This nominee was jammed through like getting their money’s worth as well. So DeVos’s record of failure and her dev- I have seen none other. Corners were conflicts of interest are extremely im- astating impact on students, but all being cut. The minority was being portant to this nominee. To this point people really need to do is watch her brushed aside. I really think that is right now, here we are voting tomor- hearing in our Health, Education, wrong. row, and we don’t have the answers to Labor, and Pensions Committee. Just Earlier this month, Republicans on those questions. go back and watch the hearing. This the Health, Education, Labor, and Pen- So these are just a few things. I have was a hearing that people across the sions Committee scheduled Mrs. been out here on the floor to talk country heard about—and for good rea- DeVos’s hearing even though she had about them. We have heard from many son—from local newspapers, to local not yet finished her standard ethics pa- of our other colleagues. It is no sur- news, to ‘‘The Daily Show,’’ to ‘‘The perwork and even though she had not prise to me that this has lit a firestorm View,’’ and posts that went viral on so- and still, by the way, has not answered across the country. Having a Secretary cial media. A lot of people in our coun- my questions about her financial dis- of Education, someone who is respon- try heard Betsy DeVos for the first closures to our committee. In fact, sible for our children’s education— time in that hearing. They were not when we started the hearing, the Re- schools are the center of our commu- impressed. publican chairman, the senior Senator nity. Community members own those She refused to rule out slashing in- from Tennessee, whom I have worked schools in their minds. This is where vestments in our public schools. She with greatly—we worked together to they send their kids to school, where was confused that Federal law provides pass the replacement of No Child Left they have basketball games, music protections for students with disabil- Behind. I have a tremendous amount of concerts. It is where the community ities. She did not understand the basic respect for him. But I was shocked and comes together. Yes, we all complain issues in education policy or the debate surprised when he preemptively de- about public education. Who hasn’t? surrounding whether students should clared that he would be limiting ques- But at the end of day, we love our local be measured based on their proficiency tions for each Senator to just 5 min- schools, and we want them to know or their growth. She argued, as we have utes—a shocking and disappointing that the Secretary of Education—the all heard, that guns needed to be al- breach of committee tradition, clearly highest person in the land to oversee lowed in schools across the country to intended to limit public scrutiny. them—has that love, too, and is there ‘‘protect from grizzlies.’’ Even though Mrs. DeVos is a billionaire. She has because they want to make them bet- she was willing to say that President extraordinarily complicated and ter, not because they want to tear Trumps’s behavior toward women opaque finances, both in her own hold- them down. should be considered sexual assault, as ings and those in her immediate fam- So, yes, this nominee has taken off I just talked about, she would not com- ily. We know that she has invested in like no other because of her hearing, mit to actually enforcing Federal law education companies, for-profit compa- because of her conflicts, because she protecting women and girls in our nies, for decades. Over 100 conflicts has attacked and gone after basic pub- schools. Her hearing, quite frankly, were identified. Her ethics paperwork lic education, which so many people

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I want and is reading and writing sentences many people in this country who un- to share some stories from my con- all because of her local public school. derstand, as so many of us do, that stituents who have reached out and My constituent in Auburn said that public education and the right to an urged me to vote against Betsy DeVos money and ZIP Code should not deter- education, free—free education is crit- because they know better than any- mine who gets a better education, and ical and fundamental and a core philos- body why their school is so important she said that Betsy DeVos’s worrisome ophy of this country that all of us want to them, why their teachers are so im- policies would make that the case. She to be successful and want to be great portant to them, why their children’s is strongly urging me to reject a nomi- again. public education is so important to nee who doesn’t look out for those who To have a Secretary of Education them. are the most in need. who doesn’t agree with that, who in One of the major concerns I have con- A man in Kelso wrote in, saying that fact promotes the exact opposite, who tinued to hear from my constituents the public school system is what en- has said that our public education sys- about is her disconnect from the work- sures we all get a good education. It is tem is a dead end, who has proposed, ing class. what gives so many parents hope that promoted, and paid for campaigns to A woman from Marysville, WA, said: their child can have an even better life take public tax dollars to send to pri- Betsy DeVos, a billionaire herself, does than they had, that public education is vate, for-profit schools, that is not not represent the working class and a great equalizer for everyone to have what our country was built on. It is not certainly not her family experience a chance to succeed, and I couldn’t the foundation that our forefathers put with public education. agree more. out in front of us. Betsy DeVos never attended public Those are just a few of the letters I They said: We are going to build a school or even sent her own children to have gotten from people who are wor- system unlike any other, where no public school. ried that the nominee’s push for taking matter who you are or where you come In Olympia in my State, an employee public tax dollars and using them for from or how much money you have or at a high-poverty public school says private schools and for-profit schools what you look like, in this country, we she works with some of the most in- only, robbing our public schools of the are going to make sure you get an edu- need children in the area. She is very resources they need, will not be the cation, a free education, paid for by all of us, to go to school in your commu- concerned that Betsy DeVos’s push to- right choice for public education. ward a privatized public school system I wanted to share a few other letters nity and to be who you want to be. would only benefit those in wealthy from my constituents who wrote to me That is a dream of this country, and we communities and leave her most vul- regarding Betsy DeVos’s nomination. will not stand by and give our votes to a Secretary of Education who does not nerable students behind. She believes One of them was from Seattle. She em- share that philosophy. Betsy DeVos would absolutely not look phasized how important it is that our That is why there is a firestorm. out for their best interests. Secretary of Education be dedicated to That is why parents and teachers and In our rural communities, there is no providing a quality education to all students and grandparents and commu- private school to get that voucher and students and to strengthening our pub- nity leaders and superintendents from send your kids to. The policies she is lic education institutions. She strongly across the country are writing us and pushing only mean that those schools believes that Betsy DeVos will not be asking us to vote no. It is not too late. will have taxpayer dollars taken away that kind of Secretary. If we have one more Republican who from them to send to other kids with A retired teacher in Federal Way votes no, then we will be able to say to vouchers to go to private schools, who asked me to work as hard as I can to the President: Mr. President, we reject live nearby or have the additional re- protect public education because she this nominee, and we ask that you send sources to use those vouchers to go to believes every child’s right to a free us one who will work with all of us to school. and quality public education is at risk make sure our public education system A teacher in Seattle wrote to me with Betsy DeVos’s nomination. is a core principle of this country, is with a story that I can’t get out of my Many constituents expressed their valued by this country, and is pursued head. It really inspires me to keep disbelief that the nominee for Sec- by the top person in the Department of going in this fight. This teacher serves retary of Education has absolutely no Education, our Secretary of Education. preschoolers with special needs who experience in public education. Her face a number of challenges. She teach- It is not too late. children never even attended a public With that, I have many more letters es at a title I school, where most fami- school. that I will be reading later. I know lies are low income, and many of them One, a teacher in Bellingham, is fear- some of our other colleagues will be are immigrants and non-native English ful of an Education Secretary who over here. Again, I ask everyone to speakers. doesn’t truly understand what the stop and think. This is a critical nomi- She believes that her children de- needs of kids look like today. She nation. It has hit a chord in our coun- serve access to the best educators out asked how someone with no experience try because people do care. They want there and that if DeVos’s agenda was can be expected to lead our country’s our country to be strong. They want put in place—a system of privatized education system. this country to be great, and they public education—her students would A woman in Puyallup wrote to me, know our public education system is an be failed, because without strong pub- saying that education is the greatest lic schools, we would fail students who absolutely critical part of that. gift we can give to our children, and Mr. President, I yield the floor. are low income or living with disabil- she thinks that confirming Betsy I suggest the absence of a quorum. ities or impacted by trauma or who be- DeVos, with her plans to weaken public The PRESIDING OFFICER (Mr. long to racial or ethnic minorities. She education, will rob so many children of GARDNER). The clerk will call the roll. says Betsy DeVos does not have her that gift. The legislative clerk proceeded to students’ best interests in mind, and Mr. President, those are just a few of call the roll. her students deserve the best, as I be- the letters I am getting. There are Mr. FRANKEN. Mr. President, I ask lieve all of our students do, no matter many more, and later this evening, I unanimous consent that the order for their financial status, their race, their will be reading from some of those let- the quorum call be rescinded. religion, or any other difference they ters because they tell the story better The PRESIDING OFFICER (Mr. might have from their peers. than I do. ROUNDS). Without objection, it is so or- A mother in North Bend wrote to me I know some of our colleagues are dered. expressing her worry that vouchers wondering why this woman set off such Mr. FRANKEN. I thank the Presiding only benefit the wealthy, leaving the a firestorm when her nomination came Officer.

VerDate Sep 11 2014 05:48 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.068 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 6, 2017 CONGRESSIONAL RECORD — SENATE S729 Mr. President, I rise this evening in works. In reality, most school vouchers beginning with public education. She opposition to the nomination of Betsy don’t cover the whole cost of private and her family have devoted millions DeVos to be our next Secretary of Edu- school tuition, nor do they cover addi- to promote the institute’s work, in- cation. This is one of the most impor- tional expenses like transportation, cluding promoting ideas like this: tant jobs in our government. The De- school uniforms, and other supplies, We must use the doctrine of religious lib- partment of Education bears responsi- which means the vouchers don’t create erty to gain independence for Christian bility for making sure that every child more choices for low-income families; schools until we train up a generation of peo- in America has the opportunity to ful- they simply subsidize existing choices ple who know there is no religious neu- trality, no neutral law, no neutral education, fill his or her potential, which means for families who could already afford to and no neutral civil government. Then they that the Secretary of Education has an pay for private school. will get busy in constructing a Bible-based enormous amount of power to shape As it happens, we have a real-life test social, political, and religious order which fi- our Nation’s future. This is not a job case that we can look at to determine nally denies the religious liberty of the en- for amateurs. whether Mrs. DeVos’s argument holds emies of God. President Obama’s first Secretary of water. Mrs. DeVos heads up a voucher Those are the words of Gary North, a Education was Arne Duncan, who had program in the State of Indiana, and Christian Dominionist for whom the spent 71⁄2 years building a record of ac- guess what happened. Today, more Acton Institute serves as a forum. complishment as CEO of Chicago’s pub- than half of the students in the Hoosier Of course, not everyone who believes lic school system, previous to which he State who received vouchers never ac- in the potential of parochial schools had been director of a mentoring pro- tually attended Indiana public schools shares his view, but this is the kind of gram and the founder of a charter in the first place, which means that stuff Mrs. DeVos and her family have school. their families were already in a posi- spent millions and millions of dollars When Secretary Duncan stepped tion to pay for private school. Indeed, promoting. It is fine for someone to down, he was replaced by Dr. John vouchers are going to families earning hold strong religious views and to ad- King, Jr., the recipient of a doctorate as much as $150,000 a year. vocate for those views and to spend in education administrative practice. I am sure these families appreciated their family fortune encouraging oth- He had served as Deputy Secretary the extra help, but as of 2015, nearly ers to adopt, but it is entirely fair to under Arne Duncan and was previously half of Indiana’s children relied on free ask whether the mission of building a the education commissioner for the and reduced-price lunch programs. Bible-based social, political, and reli- State of New York. Each brought to These are the kids Mrs. DeVos claims gious order is compatible with the mis- the job a background in public edu- would be helped by school vouchers; in- sion of the Department of Education. cation that informed their under- stead, taxpayer dollars were taken So, yes, based on Mrs. DeVos’s radical standing of what students, parents, away from public schools that remain ideology, I was skeptical when her nomination was sent to the Senate, but teachers, and administrators need in the only choice for these low-income I understand that others in this body order to succeed, which brings me to families and given to families who may not have shared my discomfort. Betsy DeVos. could already afford private school, Within this Chamber we have impor- There are reasons to be skeptical who were already sending their kids to tant differences when it comes to edu- about Mrs. DeVos’s nomination right private school. That is the reality of cation policy and, for that matter, the off the bat. As my Republican col- school vouchers. appropriateness of using taxpayer league, Senator COLLINS of Maine, put That is why after Mrs. DeVos devel- funds to advance God’s Kingdom. And it: ‘‘The mission of the Department of oped a similar proposal for a voucher do you know what? That is fine. But we Education is broad, but supporting program in Pennsylvania and an anal- all have the exact same responsibility public education is at its core.’’ ysis projected that, just like in Indi- when it comes to vetting the Presi- Well, in Mrs. DeVos, President ana, the vouchers would mostly benefit dent’s Cabinet nominees. Trump sent us a nominee with no expe- kids already enrolled in private Each of us is called upon to deter- rience in public education. Mrs. DeVos schools, voters rejected it on multiple mine not just whether we agree with has never been a public school super- occasions. Yet Mrs. DeVos and her fam- the nominee’s ideology but whether intendent or a public school principal ily continued their fight for school that nominee is free from relevant con- or a public schoolteacher. She has vouchers. In fact, she has been such a flicts of interest and, critically, wheth- never attended a public school. She has fervent advocate that her political ac- er the nominee is competent, whether never sent a child to a public school. tion committee, ‘‘All Children Mat- he or she is capable of doing the job. Mrs. DeVos has no formal background ter,’’ received the largest fine for vio- Making that call is our job, and that is in education, no classroom experience, lating election law in Ohio’s State his- why we have the process that we have. and no demonstrated commitment to tory—a $5.3 million fine that nearly a It is why we ask to see the nominee’s supporting public education whatso- decade later she still hasn’t paid. financial information. It is why we ask ever. Why do this? The evidence is clear them to submit written answers to In fact, Mrs. DeVos has a long his- that Mrs. DeVos’s voucher obsession questionnaires about their experience tory of actively undermining public doesn’t help low-income families. Quite and their record. And it is why we have education. She and her family have to the contrary, it represents a serious them come to the Senate to sit in front spent millions of dollars advocating for threat to the public school system—a of committees and to answer our ques- an ideology that would steal funds system that as many as 90 percent of tions. from public schools in order to fund the children rely on—but Mrs. DeVos Unfortunately, during her hearing, private and religious education. Let’s describes as ‘‘a dead end.’’ Mrs. DeVos proved beyond a shadow of take a moment to talk about what that The truth is that Mrs. DeVos’s edu- a doubt not only that her ideology is means. cation advocacy isn’t really about edu- fundamentally incompatible with the Mrs. DeVos ran a political action cation at all. She describes her goal as mission of the Department of Edu- committee called ‘‘All Children Mat- follows: to advance God’s kingdom. cation but that she is fundamentally ter,’’ which spent millions in campaign Now many families choose to send incompetent to be its leader. Through- contributions to promote the use of their children to religious schools, and out the hearing, she was unable to an- taxpayer dollars for school vouchers. many children receive an excellent swer basic questions about her views The argument was that these vouchers education at religious schools, but it is on important issues, she was unfa- would allow low-income students to the public school system that the Sec- miliar with basic concepts of education leave the public school system and at- retary of Education is supposed to policy, and she was unwilling to make tend the private or religious school of focus on, and that is not the part that basic commitments to continue the De- their family’s choice. Mrs. DeVos has Mrs. DeVos and her family have put at partment’s work on behalf of our most described this as ‘‘school choice,’’ the forefront of her advocacy. vulnerable children. claiming that it would give parents a Mrs. DeVos spent a decade serving on Let me give you one example of what chance to choose the best school for the board of the Acton Institute, which I mean. During my 5 minutes of ques- their children, but that is not how it seeks to infuse religion in public life, tioning, I asked Mrs. DeVos to weigh in

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In fact, I believe it may have just how central it is to the future of I can’t overstate how central this been one of the most embarrassing per- education policy. The difference be- issue is to education, and I can’t tell formances by a nominee in the history tween the two approaches, proficiency my colleagues how important it is to of the Senate. and growth, is very easy to explain. educators across America. If you talk Asked about the right of children Let’s say a fifth grade teacher has a to any State education secretary, any with disabilities to get a quality public student who comes into the classroom district superintendent, any local education, she didn’t know that this reading at a second grade level. Over school board member, any principal, right is protected by a Federal law— the course of the school year, the any classroom teacher—and, heck, par- the Individuals with Disabilities Edu- teacher brings the student up to a ents—they will have an opinion on cation Act. Asked about guns in fourth grade level. If we are measuring measuring growth versus measuring schools, she suggested that maybe guns growth, we would say: Well, that teach- proficiency. should be kept on hand in case grizzly er brought that student up two grade So when Mrs. DeVos came before the bears attacked. This was in answer to a levels in 1 year. That teacher is a hero. HELP Committee, I asked for her opin- question from Senator MURPHY, who in If we are measuring for proficiency, ion on this very basic—this extremely Congress represents Sandy Hook and we would say: Well, that student is basic—extremely important question, who, as a Senator, represents those still reading below grade level. That and she had no idea what I was talking parents. That was her answer to him. teacher is a failure. about. Let me be clear. She wasn’t re- Asked about whether she would hold That is the difference between meas- luctant to declare her opinion. She private parochial schools that get tax- uring growth and measuring pro- wasn’t trying to strike a middle payer funding to the same standard of ficiency. It took me all of 30 seconds to ground. She did not know what I was accountability as public schools, she explain that, but I could spend all talking about. couldn’t or wouldn’t say. night talking about what this debate We would not accept a Secretary of Asked about a family foundation means for students, teachers, school Defense who couldn’t name the that has donated millions of dollars to leaders, and our entire education sys- branches of the military. We would not an organization promoting conversion tem. accept a Secretary of State who therapy for LGBT youth, she claimed Everyone agrees that there should be couldn’t identify Europe on a map. We she had no involvement, which is ridic- accountability in our education sys- would not accept a Treasury Secretary ulous. Even if Mrs. DeVos’s own role as tem—accountability for school sys- who doesn’t understand multiplication. vice president of that foundation was a tems, schools, teachers. We want to In fact, in nearly any circumstance, if 13-year clerical error, as she now know we are getting results. That was a candidate for a job is asked a ques- claims, she herself has donated ap- the core idea behind all the standard- tion that basic and that important and proximately $75,000 to support that ized testing in No Child Left Behind. simply whiffs on it the way that Mrs. anti-LGBT organization’s work. The problem was that No Child Left DeVos did, there is no second question. Now, understand that none of these Behind set up a system in which we as- There is just a thank you for your were difficult questions. None of these sessed student learning by measuring time, and we will let you know, and were gotchas. All of these failures took proficiency and only proficiency. As will you please send in the next can- place during a single 5-minute-per-Sen- the law was implemented, all sorts of didate. ator round of questioning, because problems emerged from taking this ap- Earlier this year, the University of after that first round, the hearing was proach. Minnesota hired a new head football cut off and our chairman refused to For example, teachers in Minnesota coach. I wasn’t there for the interview. allow any further questions. would tell me how measuring pro- But imagine if the first question for a By the way, I would like to say a ficiency would lead to what they called candidate for football coach of your word about that move to cut off ques- ‘‘a race to the middle.’’ See, measuring university was as follows: How many tioning. I have great respect for the proficiency only measures whether or yards does it take to get a first down? chairman of the HELP Committee, not students are performing at grade And imagine if the candidate answers LAMAR ALEXANDER. We have worked level—at this line of proficiency, at as follows: Thank you for your ques- together, and he worked with Senator grade level—and a teacher is measured tion, Mr. Athletic Director; I can MURRAY on the reauthorization of No by what percentage of her students or pledge to you that I will work very Child Left Behind, changing it to his students are above proficiency or at hard to get as many first downs as pos- ESSA, the Every Student Succeeds proficiency. A teacher does not get sible to make sure, we hope, that we Act. I respect the chairman tremen- credit for helping kids who were al- lead the team to touchdowns. dously. But his decision to end that ready well above grade level to perform This wasn’t the question. The ques- hearing was wrong, and his rationale better, and they don’t get credit for tion was this: How many yards does it was simply false. Our chairman in- helping kids who are way below grade take to get a first down? sisted that because Secretary Duncan level start to catch up. So we had this Well, thank you again for the ques- and Secretary King had been subject to race to the middle because it is a yes- tion. I can tell you this: I will look for- only a single round of questions, there or-no question: Did this student ward to working with you to prevent was a precedent to deny the minority a achieve proficiency or not? A teacher’s the other team from getting first second round of questioning of Mrs. entire career could depend on how downs also. DeVos. That simply isn’t so. many of his or her students met that Understand, that is how basic my First of all, as I discussed earlier, arbitrary goal. question to Mrs. DeVos was, and that is both Ernie Duncan and John King were So under this system, understand how shocking it was that she simply experienced education professionals this, please. A teacher had a strong in- didn’t know enough about education with long records of public service. centive to ignore all of the students at policy to answer it. Even if Republican Members had occa- the top who were already going to meet This inexplicable failure alone was sion to disagree with them on policy proficiency. No matter what you did to enough for me to conclude that Mrs. matters, there was no question that that kid, that kid was going to beat DeVos lacked the knowledge and un- their backgrounds had prepared them proficiency in the No Child Left Behind derstanding that should be a bare min- for the job of Secretary of Education, test at the end of the year. They had a imum for anyone seeking the position. and that is the bigger point here. There strong incentive to ignore all the kids But the entire hearing—the entire were no further questions. In both at the bottom because, no matter what hearing—was a showcase for her lack of cases, committee members weren’t de- you did, that student wouldn’t reach qualifications. I would urge any of my nied the opportunity for a second

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DeVos: ‘‘As I watched her during the Mrs. DeVos further, the chairman in- But even online schools that aren’t hearing, I was in disbelief that she vited us to submit additional questions out to rip off students often wind up would be appointed to such an impor- in writing, presumably so that she failing them. A 2015 Stanford study tant position.’’ could get some help from her Trump showed that, on average, kids in online Another constituent from Warren, administration handlers in answering schools lose the equivalent of 72 days of MN, wrote: ‘‘This woman is so unquali- them. Even so, her written responses learning in reading and 180 days of fied, it’s scary.’’ only served to further expose her own learning in math, and that is for each Last week, I went to dinner with lack of understanding of how education 180-day school year, which means that Vice President Walter Mondale at his policy affects Americans. kids in online schools can fall up to a favorite restaurant. Afterward, he took For example, I asked Mrs. DeVos in year behind in math. me into the kitchen to greet some of writing about the effects of trauma and Of course, as the Presiding Officer the men and women who worked at the adverse childhood experiences on edu- knows, many rural communities lack restaurant. One of the guys in the cation. This is a subject I have been in- reliable broadband access. I have been kitchen—I am a little unclear of terested in for a long time. A lot of on rural education tours where I find whether he was taking dishes to the kids in our country live in extreme students who go to a McDonald’s park- dishwasher or he was washing dishes. poverty. Some may have a parent in ing lot so they can get WiFi to read He is not a teacher, he is not an edu- prison or a parent who has passed their public school assignment or get cation advocate, just a guy who works away. These kids may also experience materials to study. This is another an- in the kitchen. He said: ‘‘Please vote physical abuse or emotional abuse or swer that wasn’t an answer at all, yet against DeVos.’’ neglect. There may be some drug or al- another piece of evidence that Mrs. There is a reason why this nomina- cohol abuse taking place in the house. DeVos is simply not up to this job. tion has been met with such over- Some have witnessed domestic violence Like many Americans, I have serious whelming resistance on the part of the in their home or street violence in concerns about many aspects of the American people, and I know I am not their neighborhood. Some have seen Trump administration’s agenda. Still, I the only one who has heard it. In fact, siblings shot and killed right in front believe that as a United States Sen- two of my Republican colleagues and of them. Decades of research have ator, it is my job to evaluate each fellow HELP Committee members who shown that the trauma that comes nominee on his or her own merits. That sat through that hearing, Senator COL- from such adverse childhood experi- is why I voted for nominees like Sec- LINS and Senator MURKOWSKI, have ences actually changes a child’s brain retary Mattis and Secretary Chao, even stepped forward to announce they can- chemistry and affects their behavioral though I disagree with them on impor- not vote for this nominee. They don’t development, their mental and phys- tant issues. General Mattis, for exam- agree with me on every aspect of edu- ical health, and their chances to suc- ple, has nearly a half century of mili- cation policy, but, believe me, when we ceed in school and in society longterm. tary service under his belt, he has put ESSA—Every Student Succeeds But research has also shown that these earned the respect of leaders on both Act—together, the committee voted challenges can be overcome and that sides of the aisle, and I believe he will unanimously. There is a lot of agree- the kids who do overcome them are the be a much needed voice of reason on ment on education policy on our com- most resilient kids you have ever met. the Trump administration’s foreign mittee, but Senator COLLINS and Sen- Our public education system was de- policy. Ms. Chao has a lengthy back- ator MURKOWSKI saw the same hearing signed to give these kids a shot. Teach- ground in public service, including as I did. Like me, they saw a nominee who ers and administrators often lack the Secretary of Labor and Deputy Sec- simply does not understand the needs resources they need to give these chil- retary of Transportation. I believe she of the students our Secretary of Edu- dren the chance they deserve. Because will bring significant and valuable ex- cation is supposed to serve. Mrs. DeVos’s crusade for school vouch- perience to her important role. I may I will let my colleagues speak for ers would further rob our public well take issue with the decisions they themselves as to the reasons why they schools of these limited funds, I wanted make and the agenda they implement will be joining me in voting against to know her thoughts on this impor- as members of President Trump’s Cabi- this nominee, but I would like to close tant issue. net, but at the very least, each illus- by asking a few questions of my col- This is take-home. Her written an- trated during their confirmation hear- leagues who are still considering a vote swer was brief and superficial. She ings that they have a basic under- in her favor. wrote that she had heard that children standing of the issues they will be re- If Mrs. DeVos’s performance didn’t are impacted by trauma and that trau- sponsible for. Mrs. DeVos is different. convince you that she lacks the quali- ma can cause difficulties in a child’s I have heard from Minnesotans about fications for this job, what would have education. That was it. Was she unfa- many of President Trump’s nominees, had to have happened in that hearing miliar with the literature? Was she un- but the outcry over this nomination in order to convince you? If you cannot willing to acknowledge that poor kids far surpasses anything else. As of a bring yourself to vote against this face special challenges? Would she be week ago, my office had received 3,000 nominee, is there anyone President remotely interested in addressing these calls about this nominee. A grand total Trump could nominate for any position challenges as Secretary of Education? I of 12 were in favor of her confirmation. that you could vote against? If we can- guess we may never know. Additionally, we received more than not set party loyalty aside long enough I also asked Mrs. DeVos in writing 18,000 letters and emails, and again the to perform the essential duty of vet- about her vision for education in rural overwhelming majority of them have ting the President’s nominees, what communities. As the Presiding Officer urged me to oppose this nomination. are we even doing here? knows—the Governor and now Senator For example, a woman from The Constitution gives us the power from South Dakota—many of our chil- Brainerd, MN, wrote to say that she to reject Cabinet nominations specifi- dren in America attend school in rural never contacted one of her representa- cally so we can prevent fundamentally America, 10 million American kids, tives before and didn’t consider herself ill-equipped nominees like Betsy DeVos schools that struggle with teacher very political—in fact, she was neither from assuming positions of power for shortages and transportation chal- a Democrat nor a Republican, but she which they are not qualified. Let’s do lenges. I asked how would her school has a daughter in second grade and a our job. For the sake of our children, choice agenda help them. In her re- son beginning kindergarten in the fall, let’s do our job. sponse, she pointed to online schools, and she wanted me to vote against Mr. President, I yield the floor.

VerDate Sep 11 2014 05:48 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.079 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S732 CONGRESSIONAL RECORD — SENATE February 6, 2017 The PRESIDING OFFICER. The Sen- lege. I know they will need help with paying The fact is, it is not that simple. We ator from Rhode Island. for college because they don’t come from a have great charter schools in Rhode Is- Mr. WHITEHOUSE. Mr. President, I very wealthy background. Fair and equal land, and we have some great public wish to add a few Rhode Island voices education is so important to me because I schools in Rhode Island. We have both. think everyone should be treated fairly re- to the voice of the Senator from Min- gardless of how they look because we are hu- The charter school leaders are opposed nesota. By the way, I am not cherry- mans. I am concerned about Betsy DeVos to her nomination. Why is that? It is in picking my correspondence to find the being nominated for Secretary of Education part because the transition from char- rare letters in opposition to this nomi- because she doesn’t have any experience with ter to public schools can be done fairly nee. We have had an unprecedented av- classrooms. Also because she basically or it can be done unfairly. In all of her alanche of opposition to this nominee. doesn’t like public schools since she is trying work, Mrs. DeVos has shown that she It is running well more than 100 to 1 to make public school private and is trying would do it unfairly. against her, and it is people from all to take resources away from public schools. There is an obvious—what demog- With that being said, I hope that you do ev- raphers would call—selection bias be- walks of life. erything you can to help the kids in public Here is a letter from William, a 12th school get equal education and fair edu- tween the kids who turn up in a char- grader in Pawtucket, RI. William took cation as much as private schools do. Please ter school that they have to select to the trouble to write to me. Let me read my email when you can and I would like go into and the kids who are still in start with the topic line: ‘‘Concern to thank you for your time. the public school that is left behind. over Betsy DeVos.’’ Sincerely, The selection bias is based on all Da-Naijah Hello, Senator Whitehouse! sorts of different reasons. It could be as My name is William and I am a senior at Next is Sara. She also lives in the simple as they have more engaged par- Blackstone Academy Charter School, a pub- city of Central Falls. ents. The parents are interested lic charter school in Pawtucket, Rhode Is- I am writing today because I’m concerned enough in their education to take the land. I am contacting you today due to my about the education in the public schools in trouble to sign them up for the charter concern about educational equality, specifi- my city. The students in Central Falls are school, and that creates a slightly dif- cally Betsy DeVos’ ability to commit to not given the education they deserve in the ferent demographic than the ones who practices that ensure that the children who environment of Central Falls as of schools in need the most help aren’t forgotten about other districts. This is important to me be- are left behind. It helps the charter and brushed under the rug. These children cause my younger brother is a disabled boy, school population, and it makes it easi- are our kids of color, as well as our low-in- and it worries me that he won’t continue to er for the charter school. come kids attending urban public schools get the education he deserves. I’m very con- Charter schools have authority that with limited resources. cerned about the nominee Betsy DeVos be- public schools don’t have with respect Having attended a Pawtucket public cause she has 0 experience in the role of Sec- to discipline; indeed, the ability to re- school, I can confidently say that there are retary of Education and there are videos on move children and return them to the some genuinely brilliant minds here in this almost any social media as well as YouTube public schools. They are able to force very city, in the areas where somebody like to prove it and it clearly shows she has no students to sign contracts and agree- Mrs. DeVos would least expect. Yet it also experience and will put our education, or I’ll cannot be denied that the students here say ‘‘future’’ at risk. Please Senator I hope ments regarding their behavior. Public begin their journey on ground that is un- you can do everything you can to prevent schools can’t do that. Again, that con- equal to that of other kids who are not peo- her nomination. . . . Thank you! fers an advantage on the charter school ple of color, or are not part of the public Sincerely, that a public school doesn’t have. school system, etc. These bright young sap- Sara Children with disabilities often get lings are being crushed before they are given The last one I will read is from immense support through the public the chance to blossom, and that is a sys- Jennyfer, 10th grade at Blackstone school system. When they try to go to temic problem that DeVos, given her various Academy Charter School, from Paw- the charter school, they see that the shortcomings, will only serve to perpetuate supports for the children with disabil- and make worse. tucket. DeVos, given her support of the privatiza- I’m writing today because I’m concerned ities aren’t there, and so it doesn’t tion of public schools and her open disdain about students in public schools not receiv- make sense to move to a charter towards the LGBTQIA community, has es- ing the same and fair education students in school. The charter schools tend to get tablished that she will not improve the expe- charter and private schools have. I care a smaller population of children with riences of marginalized communities. Her in- about students in public schools because I disabilities. They don’t have that addi- terest is not the betterment of education for want every student to have the privilege of tional expense of dealing with and people, but the monetization of education to receiving fair and equal education as I have the chance too. meeting a child wherever their abili- put money in her pockets and the pockets of ties and disabilities are. The public people like her. DeVos will never spearhead Fair and equal education is so important movements that promote equity in edu- to me because I’m a Latina and a woman of school keeps that expense. cation and will continuously disappoint us color, I deserve the same equal and fair edu- In Rhode Island, we have people all throughout her term which will not be cation as every other individual. I want my flooding into Providence. We teach defined by deviating from the status quo and siblings who go to a public school to receive kids who speak something like 70 origi- creating a system that our troubled but gift- the same education and resources I get. nal languages in our Providence public I am concerned about Betsy DeVos [that ed youth can thrive in. In fact, she will do schools. A new immigrant is going to the opposite. she] will take that privilege away from students in public schools. go to the public school. That is where With this in mind I ask that you, Senator they go. It is going to take them time Whitehouse, openly speak out against Betsy I hope you do everything you can to pre- DeVos, and do everything in your power to vent Betsy DeVos from taking this privilege to get settled and to learn about Amer- keep her out of the Secretary of Education away from students in public schools. ica and to pick up enough language to Thank you for your time! office. I also ask that you continue to re- understand that a charter school ex- member me and children like me; public There are more letters that I could ists, to make the choice to move their school youth who could be incredible if they read, but one point I would like to child there, and by the time they do, are just given the opportunity to thrive. make is that these are students writing fine, if they make the choice. But, Thank you for your time! from charter schools. In the flood of again, the public school had to be there William. opposition from Rhode Island that we for them; again, it is an advantage to Now let’s hear from Da-naijah, a 10th have seen to this nominee, it has in- the charter school. grader from Central Falls, RI. cluded teachers, managers, and stu- It is all great for charter schools, but Dear Senator Sheldon Whitehouse, dents in charter schools. There has the idea that they are outperforming My name is Da-naijah, and I am in 10th been a notion developed that this is a public schools and there is no recogni- grade at Blackstone Academy School which battle between public schools and char- tion of that selection bias is just unfair is a public charter school. I live in Central ter schools and that public schools to the public schools. It gets worse Falls, RI. I’m writing today because I’m con- aren’t good, but they want to trap chil- when you move from the selection bias cerned about kids being able to afford college, regardless of background. I care about dren in them; that charter schools are on students to the funding because the this because I have plenty of family mem- the way out; and that Mrs. DeVos will way it often works and the way it bers and friends who go to public school, and lead us off into that charter school works in Rhode Island is that the they either want or are trying to go to col- happy land. money follows the student. If you are

VerDate Sep 11 2014 04:17 Feb 10, 2017 Jkt 079060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\RECORD17\S06FE7.REC S06FE7 bjneal on DSK30MX082PROD with CONG-REC-ONLINE February 6, 2017 CONGRESSIONAL RECORD — SENATE S733 in the public school and you are se- noses in and to get a chunk of that We requested you provide information lected for a charter school, then a cer- money. When they come in, they may about two 501(c)(4) organizations with which tain stipend of money goes with you to or may not do a good job, but they are you have been associated: the American Fed- support that charter school. highly profit motivated. If you are in- eration for Children and the Great Lakes The problem is that as that money Education Fund. You acknowledged your as- terested in trying to facilitate them sociation with these entities in your disclo- gets taken out of the public schools’ and to give them a money making op- sures to the Office of Government Ethics budget, the costs in the public school portunity, then you may well want to (OGE). You also acknowledged in your letter didn’t follow you to the charter school. damage public schools in order to sup- to us that ‘‘[e]ach organization with which The money followed you to the charter port their move to for-profits. [you] have been involved is independent.’’ It school, but many of the costs re- This creates a fairly significant prob- is not clear what you mean by ‘‘inde- mained. If one child leaves a public lem when you connect it to the next pendent’’ since you have already acknowl- school classroom and goes to a charter piece of Mrs. DeVos’s application. That edged your association with these organiza- school, you still have to turn the lights is conflict of interest. One of the basic tions. I hope you can appreciate how both fundraising and spending of these organiza- on, you still have to hire the teacher, elements that we are here to look at in tions (from whom? to whom? in what you still have to heat the building, you our advice and consent process is con- amounts? your personal role?) might produce have maybe one less pencil and one less flict of interest. Will the nominee be conflicts of interests in potential decisions if piece of paper in the room, but those able to do a fair job? Will she be look- you are confirmed to serve as Secretary of are tiny costs. The fixed costs remain. ing at things fair and square or will she the Department of Education. That is a very serious threat to pub- have conflicts of interest that impede Our concerns are not hypothetical as lic schools. Anybody who truly sup- the fair exercise of her judgment? known contributors to your political organi- ports the charter school movement, as One place that we need to look for zations have had business before Department of Education. For example: our charter schools do, has to under- conflict of interest is when we have Vahan Gureghian: In 2010, Gureghian do- stand, first, the selection bias problem nominees who have run political dark nated $100,000 to the American Federation and understand that the testing and money operations. This is a new thing for Children Action Fund. Mr. Gureghian accountability has to be fair between for us. Not too long ago we swore in a founded and is the CEO of CSMI LLC, a public and charter schools and, second, new President—President Barack Pennsylvania charter school management this funding problem—that if you are Obama. When we did, we had ethics company and helped found the Chester Com- simply pulling the money out of the rules, government ethics offices, filing munity Charter School. He has been a major donor in promoting charter schools in Penn- public schools into charter schools and requirements, and all of that in place. sylvania. the costs are staying behind, what you That was 2008. Then came the Citizens I will interrupt reading the letter for are doing is crashing the revenues but United decision—one of the worst deci- a moment to point out how obvious it leaving the expenses of public schools. sions that five Justices on the Supreme is that somebody involved in the char- The public school students are going Court have ever made, and it opened up ter school movement could very easily to suffer from that. If you don’t adjust the floodgates of dark money. for it, you are being unfair to the pub- This nominee is a practitioner of the have business before the Department of lic schools, and you are being unfair to dark arts of dark money. We know Education. Who knows how much he the students. This is a serious enough nothing about what she has done, but gave? We know of about $100,000, but it problem that our Providence City the conflicts of interest ought to be could be a lot more. He knows. She Council is debating the issue right now pretty obvious. If you raised millions knows, but the public won’t know. and, as students move to charter of dollars from people in your dark When bids or competitions are up, that schools, trying to figure out: How do money operation, then there is an in- is simply not fair. you provide adequate funding so you debtedness there that somebody might On to the next one and back to the are not stripping the public schools of think could be an appearance of impro- text of the letter: what they need to continue to teach priety or conflict. J.C. Huizenga: Between 2005 and 2007, We should know so that evaluation Huizenga donated $25,000 to All Children the other students? Not only are they Matter, and in 2010 he donated $30,000 to the serious about trying to figure out this can be made. Or if you spent dark American Federation for Children Action budget equation at the city council money in support of certain things, we Fund. Mr. Huizenga founded the National level, but Moody’s, the service that should know so that we can connect Heritage Academies, a for-profit charter net- looks at municipal budgets and deter- the dots and evaluate the linkages and work that has 80 schools in 9 States and has mines how sound they are and rates see whether it is a conflict of interest. received over $43 million in federal funding. municipalities, has looked at this prob- We wrote to Mrs. DeVos about this. According to a 2012 review by the Michigan lem of charter school movement and The first letter was January 5, 2017. We Department of Education of the schools in the ‘‘focus’’ category, due to significant gaps the remaining costs in public schools got an answer, and the answer was spectacularly incomplete and in achievement, more than half were man- and identified it as a fiscal threat to aged by National Heritage Academies. It has municipalities. unhelpful. So we wrote a second letter been reported that Mr. Huizenga said that These are both real problems, and the on January 27. I wish to take a minute his involvement with charter schools was refusal of Mrs. DeVos to grapple with and read this letter because I think it due to realizing that ‘‘privatizing public edu- them suggests to our charter school explains our predicament. cation was not only practical but also des- leaders and to me that this is not just Elisabeth DeVos perately needed.’’ an effort to enhance students in being Trump-Pence Transition Team Again, to step back out from the let- Pennsylvania Avenue, NW ter, here is somebody who is in the for- able to go to a good charter school; Washington, DC this is actually an attack on public Dear Mrs. DeVos, profit charter school business, whose schools. Thank you for your response of January 17, charter schools are more than half of There are all sorts of reasons some- 2017, to our January 5, 2017 letter— the troubled charter schools reviewed body might want to knock down public Mr. President, let me ask unanimous by the Michigan Department of Edu- schools. One is that they simply don’t consent to have printed in the RECORD cation and who wants to privatize pub- like teachers unions. Teachers unions the letter at the end of my remarks. lic education. He is linked with her tend to vote Democratic, let’s face it. Thank you for your response of January 17, through the dark money operation. We If you want to cripple teachers unions, 2017, to our January 5, 2017 letter requesting don’t know anything about the dark destroy the schools they work in. That additional information on your vast political money side. is a really nasty reason to get into this fundraising and spending network. Along David L. Brennan: Brennan donated a total charter school fight, but it is real, and with various responses and objections to our of $200,000 to All Children Matter from 2004 it is out there. request, you produced a series of already to 2007, prior to AMC’s wind down due to A second is, if you want to bring for- public campaign finance reports related to campaign finance violations. the American Federation for Children Action profit investment into this space, a lot Fund, a 527 organization, and its various This is a series of campaign viola- of money gets spent on education. Peo- State affiliates. For the reasons that follow, tions, finance violations, that led to ple who could figure out how to make we view your response as, while sizable, non- the $5 million fine that neither the en- money in this space want to get their responsive. tity nor Mrs. DeVos have ever paid.

VerDate Sep 11 2014 05:48 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.083 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S734 CONGRESSIONAL RECORD — SENATE February 6, 2017 In 2010, he donated $39,000 to the American tions with which you are affiliated, to other rather obsolete, in that respect, gov- Federation for Children Action Fund. He is 501(c)(4) organizations over the past five ernment ethics reporting conventions the founder of White Hat Management LLC, years. that have been carried forward from a for-profit charter school management com- That seems like a perfectly reason- the Obama transition before all of this pany that operates 15 schools in three states able request. with over 12,000 students. Since 2008, became a problem doesn’t just apply to Whitehat and its affiliates have received $3.6 According to the American Federation for Mrs. DeVos. million in federal funds including IDEA Children’s IRS Form 990 filed for the year Secretary of State Tillerson, as CEO funds. 2014, it spent nearly $1.1 million on political of ExxonMobil, ran a massive dark activities, including a $315,000 transfer to the How are we ever going to know if money operation. ExxonMobil has American Federation for Children Action money all over front groups that deny people like this—who are making big, Fund, Wisconsin IE Committee. dark money contributions into the climate change, all over political I think most people here know how groups to try to discourage action on dark money operation that she runs— this works, but to make it clear for will not be rewarded in a pay-to-play climate change, and a lot of it is dark people listening, many political organi- money. There has been reporting that fashion with grants and favors and an zations require that the donors be disadvantage in competition at the De- traces it back to Exxon, but we never closed. So if you want to engage in the know how much because it is dark partment of Education? You would or- dark money game and hide your polit- dinarily evaluate that by knowing that money, and Mr. Tillerson hasn’t told us ical influence-seeking, what you do is one thing about it in his hearing. the conflict of interest existed. But be- you take your money and you give it to cause it is dark money, we will never We will be considering shortly the a 501(c)(4), a dark money operation. nomination of Scott Pruitt as the EPA know. Then they in turn give it to the polit- They will know. She will know, but Administrator. Scott Pruitt ran a dark ical action group. That is what hap- money operation as the attorney gen- the public will never know. The Senate pened here. $1.1 million into the Amer- will never know. The press will never eral of Oklahoma. Why would an attor- ican Federation for Children, $315,000 ney general want to run a dark money know. transferred to the American Federa- While you may not have a direct financial operation in the first place? That is a tion for Children Action Fund in Wis- whole separate question—but he did. It interest in the for-profit education enter- consin. The only function that provides prises headed by those listed above, your po- was called the Rule of Law Defense litical fundraising relationship with them, is to launder the identity of who the Fund, and what it did was it took in and perhaps others, could cause a reasonable donor was. So that all you see is the money, prevented the donors from hav- person concern over your impartiality in money emerging from the dark money ing their identities revealed, and then matters involving them. organization, with no transparency as funneled the money publicly to the Re- Let me step out of the letter again. to who put it in. publican Attorneys General Associa- Doesn’t that make sense? If you were Because donations to a 501(c)(4) are anony- tion. It was an identity laundering ma- applying for a grant before the Depart- mous, they effectively launder the identities chine for the Republican Attorneys ment of Education and your compet- of donors to the other parts of the political General Association for big donors who itor was somebody who had given $1 apparatus. But you know, and the donors know, and therein lies the potential for con- didn’t want anybody to know who the million to Mrs. DeVos’s Action Fund, flict of interest. Additionally, you refused to source was of the money that was wouldn’t you want to know that? Don’t disclose donations to 501(c)(4) organizations being funneled into the Republican At- you think the public should know that? that you, your family and your foundation torneys General Association. That is If you were to find out later that had have made. You explained, ‘‘(t)he informa- fine, I guess. I would like to be rid of taken place, and they were awarded the tion request requested has no bearing on the all of it. We should pass the DISCLOSE grant and you were not, wouldn’t that office to which I have been nominated nor Act and clean this mess up. But for rankle you a bit? Wouldn’t that sug- the duties of the Department of Education.’’ sure, when somebody who has run a gest to you that perhaps we are not That was her answer to the first let- dark money operation comes before the being treated fairly because of that big ter. Our letter here continues: Senate seeking to be nominated to a contribution that was made? But we Your donations to 501(c)(4) organizations Cabinet office, we hold a constitutional will never know. We are disabled from are indeed relevant to your nomination, just duty to protect that office from im- doing our constitutional job of review- as your donations to political candidates, proper conflicts of interest. Surely, ing these nominees for conflict of in- parties and causes are. One obvious instance would be where groups to which you have then, their role in the dark money op- terest when it is dark money that is at made political contributions are before the eration should be disclosed. stake. Department as advocates or grant seekers. It only makes sense. But, no, like The OGE process does not capture conflicts Again, you know and the donors know, and Mrs. DeVos, absolute stonewall on any that arise through political activity. . . . therein lies the potential for conflict of in- information related to the Rule of Law This is the first transition of Presi- terest. Senators have a Constitutional duty Defense Fund and Mr. Pruitt’s dark dents since the Citizens United deci- to provide advice and consent on Presi- money operation, a black hole of se- sion. This is the first one; so there is no dential nominees, and understanding the crecy and enormous opportunity for scope and nature of potential conflicts of in- conflict, because obviously, given his history. We have to do it now, but we terest is at the heart of that duty. are not—not for this nominee, not for background and given where the rest of other nominees. We are leaving a black I do hope that we can agree on that his fundraising went, you can draw a hole of secrecy around this enormous in this Body: That part of our advice reasonable conclusion about where the conflict of interest potential. and consent role is to understand the dark money came from: Devon Energy, potential for conflicts of interest. If we The OGE process does not capture conflicts ExxonMobil, American Petroleum In- that arise through political activity so it is can’t agree on that, then we have a stitute, Murray Coal—the usual sus- incumbent upon us to assure the Senate real problem here, because that is the pects. That is where a lot of his other record is complete as to such conflicts and purpose or at least one purpose of what money came from. You have to believe how they will be resolved. we do. it went here. But do we know that? No. These are just the publically known exam- Your role in raising and distributing ‘‘dark ples of potential conflicts. Our original re- He could have taken $1 million from money’’ clearly raises the possibility of such one of those groups and then, as EPA quest asked you for information to assess po- conflicts. As a result, we renew our request tential conflicts with 501(c)(4) organizations for information related to your 501(c)(4) or- Administrator, be ruling on an applica- that are not required to publicly disclose ganizations as outlined above. tion of theirs and we would not know. donor information. Accordingly, we reiterate Please contact us if you have any ques- Please don’t anyone tell me that is not our request that you provide: tions regarding this request. We look for- a potential conflict of interest. I mean, A list of all donors, their total donations, ward to your additional information and dis- we can deal with alternate facts around and affiliations, who have contributed to the closures and timely and responsive answers. here, but that is just crazy. American Federation for Children 501(c)(4), and the Great Lakes Fund 501(c)(4) since Well, as of today, what we have is no We don’t know about Mrs. DeVos’s their inception. answer at all—no answer at all. This is dark money. We don’t know about A list of donations made by you, members a recurring problem here. This business Tillerson’s dark money. We don’t know of your family, and foundations or organiza- of dark money not being caught by the about Pruitt’s dark money. It is as if

VerDate Sep 11 2014 05:48 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.084 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 6, 2017 CONGRESSIONAL RECORD — SENATE S735 there has been an understanding—some nominee for the Secretary of Education evaluate it, and we have been knee- secret handshake around here—that has nothing? Pockets out. Nothing to capped in that effort by an absolutely nobody will allow dark money informa- get started on this problem. Is she ever positive shutdown from the other side tion into the nomination process. That going to take an interest? I don’t of the aisle on any information about is just wrong. That is just wrong. It in- know. any dark money from any nominee. fects this nomination of Mrs. DeVos. But it would seem to me, particu- They don’t have to be nominees. If We have to get answers to these ques- larly when you look at where we are in they don’t want to cough up their dark tions. the HELP Committee—our ranking money information, they can turn the Let me move on to one other point: member, Senator MURRAY, is here. Sen- papers back in and tell President student college debt. I had a meeting ator MURRAY and Chairman ALEX- Trump: Find someone else. I would recently. I think all of us had the same ANDER helped lead us together through rather keep my secrets. experience. From our home States, the ESSA, the reform of No Child Left But you should not keep your secrets groups come to visit us and to get our Behind, the Every Student Succeeds and get the job. time and to bring our attention to Act. It passed roaring through the Sen- There being no objection, the mate- problems that concern them. I think ate. The House even picked it up and rial was ordered to be printed in the we all get visits from the same groups. took it. It came out of committee RECORD, as follows: We get visits from our community unanimously. States are still working JANUARY 27, 2017. bankers from our home States. We get on implementation of it because it ELISABETH DEVOS, visits from our credit unions in our freed them up to do a lot more things, Trump-Pence Transition Team, home States. We get visits from the and so they have to go through the Washington, DC. automobile dealers in our home States. process of deciding how they are going DEAR MRS. DEVOS, Thank you for your re- We get visits from the insurance bro- to take advantage of its new freedoms. sponse of January 17, 2017, to our January 5, kers in our home States. We get visits So with respect to elementary and sec- 2017 letter requesting additional information on your vast political fundraising and spend- from the Realtors in our home States. ondary education, we are actually in ing network. Along with various responses When the Realtors of Rhode Island pretty good shape. All we have to do is and objections to our request, you produced came in to visit me the last time, they implement the bipartisan popular law a series of already public campaign finance raised a new issue that I had not heard that we passed. So where is the atten- reports related to the American Federation before from them. The issue that they tion going to be? Well, what we have for Children Action Fund, a 527 organization, raised was this: You know, we are not passed is the Higher Education Re- and its various state affiliates. For the rea- starting to have a real problem financ- form Act. sons that follow, we view your response as, ing houses for the next generation of So if you know at all that has been while sizeable, non-responsive. We requested you provide information home buyers, the young home buyers going on in education in the Congress, about two 501(c)(4) organizations with which who are coming into the market and which is not asking too much of a Sec- you have been associated: the American Fed- who would ordinarily be buying their retary of Education nominee, you eration for Children and the Great Lakes starter homes. The problem we are know that we have just implemented a Education Fund. You acknowledged your as- finding with them is that they are so major reform of elementary and sec- sociation with these entities in your disclo- loaded up with college debt that we ondary education, that our next order sures to the Office of Government Ethics can’t finance the purchase of a home of business is higher education, and (OGE). You also acknowledged in your letter for them. that an elemental part of that is going to us that ‘‘[e]ach organization with which That is how enormous the student [you] have been involved is independent.’’ It to be college debt. is not clear what you mean by ‘‘inde- loan debt problem is in this country. It So the fact that this nominee has pendent’’ since you have already acknowl- is now preventing so many young peo- nothing on that issue and is in the tra- edged your association with these organiza- ple from buying a home that the Real- ditional deer-in-the-headlights-nomi- tions. I hope you can appreciate how both tors have noticed and put it on their nee mode of, well, I look forward to fundraising and spending of these organiza- problem list as something for us to working with you on that Senator. Oh, tions (from whom? to whom? in what take action on. yes, I understand that is a serious prob- amounts? your personal role?) might produce If the Realtors have noticed this, I lem, Senator, but actually I don’t have conflicts of interest in potential decisions don’t think it is asking too much for a any ideas; I don’t have any plans; I before you if you are confirmed to serve as nominee for Secretary of Education to Secretary of the Department of Education. don’t have any strategy; I have noth- Our concerns are not hypothetical as have noticed this. If, in fact, she has ing. Let’s just work together on it. known contributors to your political organi- noticed this, I don’t think it is asking That is not very convincing to me. zations have had business before Department too much for her to have thoughts and I see the Senator from New Jersey of Education. For example: a plan, because we are well over $1 tril- here. The night is going on, so I will Vahan Gureghian: In 2010, Gureghian do- lion in debt for these kids. I think it is yield the floor to him, but I will close nated $100,000 to the American Federation about $1.3 trillion now. It has been a by saying that this recurring question for Children Action Fund. Mr. Gureghian known problem for some time. Over about nominees who are involved in founded and is the CEO of CSMI LLC, a and over again, Democrats have tried dark money operations and then refuse Pennsylvania charter school management company and helped found the Chester Com- to find and propose solutions here in to disclose anything about their dark munity Charter School. (he has been a major the Senate. Over and over again, we money operations so that it remains a donor in promoting charter schools in Penn- have been shot down. But it remains a black hole of secrecy and potential sylvania. very considerable issue. conflict of interest is wrong. It is just J.C. Huizenga: Between 2005 and 2007, You would think that a new Sec- wrong. Huizenga donated $25,000 to All Children retary of Education coming in would I know there are forces in this build- Matter, and in 2010 he donated $30,000 to the want to hit the ground running on this ing that love the dark money, and American Federation for Children Action issue. She would have something she there are huge special interests behind Fund. Mr. Huizenga founded the National wanted to get done to solve it. There the dark money. There are a lot of peo- Heritage Academies, a for-profit charter network that has 80 schools in 9 states and has would be a plan or an outline. We may ple who benefit from the dark money received over $43 million in federal funding. not agree with it, it may be something who don’t want any light on it ever. According to a 2012 review by the Michigan that we have to work together to find But once a nominee has had their name Department of Education, of the schools in a way to get it to the floor, but at least put in for a Cabinet position of the the ‘‘focus’’ category, due to significant gaps there would be a starting point. All I Government of the United States, by in achievement, more than half were man- got was, well, I would be interested in God, they ought to disclose their dark aged by National Heritage Academies. It has your views on that issue. How is it pos- money connections because otherwise been reported that Mr. Huizenga said that sible that with over $1 trillion in stu- it is an avenue toward conflict of inter- his involvement with charter schools was due to realizing that ‘‘privatizing public edu- dent debt piled up, with the student est. Where there is conflict of interest, cation was not only practical but also des- debt problem so severe that even Real- there comes scandal. It is our job to perately needed.’’ tors have put it on their to-do list to head that off by getting the informa- David L. Brennan: Brennan donated a total get something done about it, that a tion before the public so everybody can of $200,000 to All Children Matter, from 2004

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Since 2008, White Hat and its gentleman typing very quickly, all the the spirit of America is to see that in affiliates have received $3.6 million in federal way to a lot of the folks working, I just this Nation all of our children have funds including IDEA funds. want to express my gratitude for the unique gifts, all of our children have While you may not have a direct financial interest in the for-profit education enter- long night, particularly to the pages. It beauty, and we as a nation collectively prises headed by those listed above, your po- is their second week here, and they believe they all deserve a strong path- litical fundraising relationship with them, suddenly are being forced to grapple way to the fundamental American and perhaps others, could cause a reasonable with not just school but the long ideal. They deserve pathways to life person concern over your impartiality in nights of the Senate. I really do respect and liberty and the pursuit of happi- matters involving them. The OGE process them and am grateful for their, how ness, that when we say ‘‘justice for does not, capture conflicts that arise should I say, endurance tonight as all,’’ we really do mean all children. through political activity so it is incumbent upon us to assure the Senate record is com- well. But unfortunately, as the work of the plete as to such conflicts and how they will I rise today, as many of my col- Department of Education’s Office for be resolved. leagues have, to speak to the nomina- Civil Rights demonstrates, the Federal These are just the publicly known exam- tion of Betsy DeVos and to speak spe- Government is often at odds with some ples of potential conflicts. Our original re- cifically in opposition to her nomina- school districts that do not properly quest asked you for information to assess po- tion to serve as Secretary of Edu- enforce protections granted to students tential conflicts with 501(c)(4) organizations that are not required to publicly disclose cation. I have listened to as many of with disabilities under the Federal law, donor information. Accordingly, we reiterate my colleagues’ words as I can. I want again passed by both Houses, passed by our request that you provide: to say that particularly those on the both parties. Within our country, thou- A list of all donors, their total donations, Senate Health, Education, Labor, and sands of parents do not believe their and affiliations, who have contributed to the Pension Committee have and will and children are receiving justice in their American Federation for Children 501(c)(4) continue to expand upon many of the local school systems for their children and the Great Lakes Education Fund 501(c)(4) since their inception. concerning elements of Mrs. DeVos’s with disabilities. They reach out to the A list of donations made by you, members record, concerns that I share about her Federal Government for help, for relief, of your family, and foundations or organiza- lack of support for critical account- for that justice. tions with which you are affiliated, to other ability measures, her lack of famili- Take the example of one child, the 501(c)(4) organizations over the past five arity with many of the basic financial case of a 9-year-old child in California years. aid policies and programs which are so whose name is withheld for privacy. According to the American Federation for Children’s IRS Form 990 filed for the year essential for people to have access to This child—and let’s call her Jane—is a 2014, it spent nearly $1.1 million on political higher education, her inability to say student like so many others. She has activities, including a $315,000 transfer to the that guns should not be in school, and the same dreams and aspirations, has American Federation for Children Action her seeming lack of understanding of hopes, has promise, and has untapped, Fund—Wisconsin IE Committee. Because do- many of the fundamental yet critical unlimited potential. nations to a 501(c)(4) are anonymous, they ef- education policy perspectives that I At the age of 9, this child, ‘‘Jane,’’ fectively launder the identities of donors to had been physically restrained in her the other parts of your political apparatus. think are necessary for a job of this But you know, and the donors know, and magnitude. school more than 92 times during an 11- therein lies the potential for conflict of in- I know there has been much said and month period by her school because of terest. there will be many more issues brought her disability. As a part of that re- Additionally, you refused to disclose dona- up of concern to many of the Demo- straint, she had been held facedown for tions to 501(c)(4) organizations that you, crats who spoke tonight, but tonight I a total of 2,200 minutes. your family, and your foundation have made. would like to focus on an area that is The Office for Civil Rights at the You explained, ‘‘[t]he information requested very personal to me and also very per- Federal level, the Federal Government, has no bearing on the office to which I have it took them to investigate this case, been nominated nor the duties of the Depart- sonal to millions of Americans, that is ment of Education.’’ Your donations to essential to this role but one that may and they found that the district was in 501(c)(4) organizations are indeed relevant to not be immediately understood when violation of the Federal law and re- your nomination, just as your donations to you talk about a Secretary of Edu- quired the school district to stop using political candidates, parties, and causes are. cation, but it is absolutely critical to these kinds of restraints on students One obvious instance would be where groups that Department. In fact, I think it is and to actually take the time and en- to which you have made political contribu- one of the more critical roles of that ergy to invest the resources in training tions are before the Department as advocates the staff on alternative intervention or grant seekers. Again, you know, and the Department when it comes to fulfilling donors know, and therein lies the potential the ideals of our Nation. methods, methods that recognize the for conflict of interest. Senators have a Con- Within the Department of Education dignity of that child and show that we stitutional duty to provide advice and con- is the Office for Civil Rights. That of- have the potential and power to elevate sent on presidential nominees, and under- fice is profoundly important, but it is that child, not to so savagely restrain standing the scope and nature of potential one that many people don’t have a full them. conflicts of interest is at the heart of that understanding of. What I would like to This was not only unconscionable duty. Your role in raising and distributing do right now is highlight four areas in treatment that the Federal Govern- ‘‘dark money’’ clearly raises the possibility of such conflicts. As a result, we renew our which the Office for Civil Rights func- ment intervened in, but clearly it was request for information related to your tions and also talk as it relates to my illegal within the bounds of Federal 501(c)(4) organizations as outlined above. concerns about and my opposition to law. This is not the way that anyone Please contact us if you have any ques- Betsy DeVos to serve as Secretary of here, anyone in this body with a child tions regarding this request. We look for- Education. with a disability, any of us would want ward to your additional information and dis- First, I would like to talk about what our children to be treated. closures and timely and responsive answers. is at stake for children with disabil- If I had a child, I know it is not the Sincerely, way I would want them treated. Frank- SHELDON WHITEHOUSE. ities and their families and their par- ROBERT P. CASEY, JR. ents. About 13 to 14 percent of our ly, when it comes to the children of TAMMY BALDWIN. American school-age children—about America, they are our children. Wheth- BERNARD SANDERS. 6.5 million kids and young adults in er Republican or Democrat, we know AL FRANKEN. America—are students with a dis- that our children, our kids, American ELIZABETH WARREN. ability. children—all children, frankly—de- The PRESIDING OFFICER (Mr. SUL- Here in the United States, I am so serve better than this kind of physical LIVAN). The Senator from New Jersey. proud that we have a deep belief and, in abuse. It is for these kinds of reasons

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Unfortunately, as we are seeing, students with disabilities actually are I believe, though, that based on the there are many violations of Federal twice as likely as those without to re- testimony that was given, that the law that go on when it comes to our ceive one or more out-of-school suspen- nominee may not see this as a vital children with disabilities. There is tre- sions. function of the Office for Civil Rights mendous evidence that this kind of Let me give you the specific case of and, in fact, may shrink that office and abuse still goes on in our country, and Tunette Powell, who wrote about her the ongoing proactive investigations there needs to be an ultimate author- son who is Black. His name is Joah. He that we see right now into such mat- ity that can investigate this abuse and, was suspended five times in 2014. He ters. if necessary, hold those people account- was 3 years old. We know that the school-to-prison able who are the abusers. And the addi- She said: ‘‘One after another, White pipeline, particularly for young people tional step that the Office for Civil mothers confessed the trouble their of color, isn’t just real; it is actually Rights does is it gives advisement, children had gotten into. Some of the pervasive. But during Mrs. DeVos’s gives instruction on how to make sure behavior was similar to JJ’s,’’ her confirmation hearing, when asked the abuse does not happen in the fu- son’s. ‘‘Some was much worse. Most about the Office for Civil Rights within ture. startling’’ to her was that ‘‘none of the Department of Education that is We need our Office for Civil Rights to their children had been suspended.’’ responsible for rectifying such unjust work with school districts to establish She continues to write. ‘‘After that situations, she refused to comment. those policies and procedures to pre- party,’’ where she had heard this from She refused to comment. She refused to vent that abuse. other White parents, ‘‘I read a study commit herself even to directing the When Mrs. DeVos, during her testi- reflecting everything I was living. Office for Civil Rights to investigate mony, was given the opportunity to Black children represent 18 percent of such civil rights violations. I don’t un- speak to the millions of parents who preschool enrollment but make up 48 derstand why it is difficult to even have real, legitimate concerns about percent of preschool children receiving commit the Department to continuing their children with disabilities and the more than one out-of-school suspen- such investigations, but that commit- treatment they receive in school—she sion, according to the study released ment was denied. was given the opportunity to speak to by the Education Department’s Office I want to next talk about the serious the vital role of the Federal Govern- for Civil Rights in March,’’ she writes. problem we have in America with sex- ment in protecting our children and af- One of the critical things about the ual assault and sexual violence in firming those rights, about the role of Office for Civil Rights is that they have schools and on college campuses. Mr. the Office for Civil Rights, and instead been proactively collecting data about President, 1 in 5 women and 1 in 16 men of taking that opportunity, instead of differences in treatment in our schools. are sexually assaulted in their college seizing the moment to talk about what Now there are many people who ac- years, but only 1 percent of assailants she would be doing to lead, she actu- tively assert that the role of the Office on college campuses are arrested, ally denied a role for the Federal Gov- for Civil Rights has grown too large, charged, or convicted. ernment. When asked about protecting that they are poking around in local We still know that too many people students with disabilities, she simply matters too much, that even collecting on college campuses who have been said: ‘‘It should be left up to the such data, as was relied on by this sexually assaulted, who are survivors, States.’’ mother, is an intrusion into States’ are routinely denied justice and are Well, I will tell you right now, for rights. I believe, when it comes to civil forced to even live or even go to class that 9-year-old child physically re- rights, when it comes to religious free- with their attackers. strained more than 92 times, held dom and the treatment of our children, The Office for Civil Rights has risen facedown for hours, the Federal Gov- to this challenge and this crisis. They ernment clearly had an important role I do not believe that the Office for Civil have opened investigations in over 200 to play for that mom, for that family, Rights has grown too large. I believe schools in America. There is a crisis of for that child in making sure this kind they are offering critical transparency campus sexual assault in America, and of atrocity doesn’t happen and will not into the workings of our schools; that now the Office for Civil Rights is ex- happen for more children. they are collecting data that parents Secondly, I would like to talk about and policymakers and civil rights panding their work. They have stepped what is at stake with the Office for groups can use to see who is being left up to that challenge. In addition to Civil Rights as it relates to children behind, who might be facing discrimi- that, they have issued guidance to all who are different, whether that be the nation, who is not receiving justice. college campuses on preventing and color of their skin, whether they wear What do we have to be afraid of even combating sexual assault. a hijab to school as an expression of on just the collection of data to allow Mrs. DeVos, again, during her testi- their faith or if they are a minority or, ourselves to have that transparency, to mony—many of us were hoping she again, a child with a disability. create an environment of account- would rise to the occasion, that she For example, I have spoken much as ability? would speak to this issue. She was a Senator about the school-to-prison I worry that if this is not a priority given a chance, given a chance not just pipeline and often how certain cat- for the next Secretary of Education, to speak to the issue but to talk to the egories of children experience different then closing the achievement gap, Federal role in meeting this crisis, to types of discipline for the same act in shutting down the school-to-prison acknowledge that this is an issue our school just because of how they look. pipeline, and empowering all children Nation must grapple with and must School disciplinary policies, we to have an equal opportunity to learn end, but she did not speak to the con- know, play a big role in a child’s suc- will be undermined. cerns of parents. She did not speak to cess, and those disciplinary policies are These are real problems in our coun- the concerns of survivors. She did not clearly treating different children in try, and they aren’t just going to go speak to America about the urgent different ways. There will be different away. The Federal Government, espe- need for all of us to be engaged in deal- outcomes for those categories of kids. cially when they insist upon data ing with the crisis for which there has We know that children who have out- transparency, is an active partner in been silence for too long. of-school suspensions often graduate at helping us to receive the justice that More than this, she did not speak to significantly lower rates, have signifi- we deserve and need and pledge alle- the role of the Office for Civil Rights, cantly higher run-ins with the law. I giance to as a country. to the expanding role they have been am one who believes we cannot allow I had hoped during the hearings of taking, to the expanding investigations discrimination to happen in that man- Mrs. DeVos that I would hear more; on college campuses all across the ner in our school. that even if I had the opportunity to country, giving no confidence to me or

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With the Department of Education on com- Office for Civil Rights came in and in- all of that, with all the articles that bating and preventing sexual assault— vestigated, they found that Seth’s have been written, this was a chance not asked to commit on the investiga- school district was in violation of sev- for Mrs. DeVos to sit before the Amer- tions, not asked to commit to expand- eral Federal laws, that they failed to ican public knowing that these con- ing the efforts but just asked about up- intervene and stop the bullying and cerns are out there, and it is under- holding the guidance within the De- harassment and torment that this standable, even if she doesn’t hold partment of Education on combating child endured from a precious age until them, it is understandable that this and preventing sexual assault, she re- his death, that their actions could have was a moment for her to allay the fears fused to commit to maintaining that potentially prevented the death of one of the thousands and thousands of chil- guidance. of our children, an American child, a dren who are being isolated and hurt I would like to speak to another area. child of beauty and of worth and of dig- by bullies, the people who are assault- Before I do, I do believe in this idea of nity and protection. ing their dignity—these children have transparency that my previous col- Wendy went to the Federal Govern- suicide rates that are unconscionably league talked about when it comes to ment to the Office for Civil Rights, and high—for the parents mourning their donations. Some of the charities that they took her concerns seriously. They kids, with all that swirl, the hearing have received donations from Mrs. aggressively investigated. Because of was her chance to set the record DeVos have a history of fighting their investigation and because of straight to say: I will uphold the value against efforts to combat sexual as- Wendy’s courage in her time of grief, and dignity of these children, but more sault, and some of these organizations the school district, in violation of Fed- than that, I recognize there is a crisis worked to make it more difficult for eral law, was required to take steps— in our country, and I will work with sexual assault victims to seek justice. though not there to prevent her child’s the Office for Civil Rights to do some- That brings me to an area in which I death—they were required to take thing to address this evil in our coun- have a deep level of concern. I hope steps to prevent the kind of harass- try. We have so many kids being hurt Mrs. DeVos will take the opportunity ment, tormenting, and bullying from and harmed. This was her chance to go to set the record straight because happening to other students. I am not beyond just denying that she believed much has been written even before the sure if any of that is solace to a mother in conversion therapy, to go beyond hearings involving an area where there who lost her child. I am not sure if it just words in asserting that she values is a clear crisis in our country. It is the gave her comfort, but I am hopeful equality. This was her chance. It crisis involving the safety and security that with an active Office for Civil should have been understood that be- of our lesbian, gay, bisexual, and cause of the record and the charitable Rights at the Federal Department of transgender youth in America. donations that there was a degree of Education, at a time where more than Lesbian, gay, bisexual, and suspicion; that there was an under- 10 percent of lesbian, gay, and bisexual transgender youth face a stunning standable degree of legitimate fear youth are missing school because of level of discrimination inside and out- that she would not continue the coura- that kind of fear, when one-third are side of schools starting at a very young geous work of the Office for Civil reporting bullying and harassing in age. We know that LGBT youth are Rights in combating discrimination, person or online, at this level of uncon- two times more likely than their het- harassment, and physical abuse of chil- scionable treatment for any child, erosexual peers to be physically as- dren across our country. She had the there is a role for the Federal Govern- saulted in schools. LGBT youth are opportunity. four times more likely to attempt sui- ment to protect our children. I believe Given the fears and concerns that cide. According to youth risk behavior if we take these matters seriously that have been expressed, I would have surveys, 34 percent of lesbian, gay, bi- we can insure that this kind of bul- hoped she would have spoken directly sexual, transgender students were as- lying and harassment will come to an to the work of the Office for Civil saulted on school property. More than end in America. It is unacceptable in a Rights to protect lesbian, gay, bisex- one-third of LGBT school students country this great. There are laws ual, and transgender teens who are fac- were bullied on school property, and 13 against this, and there are folks who tually experiencing some of the highest percent of lesbian, gay, bisexual, and have an obligation to enforce those levels of hate crimes and violence and transgender students did not go to laws; that is, the Office of Civil Rights. bullying of any children in America; school because of concerns for their I believe things will get better, but that she would have made some affir- safety. We know in America that this they will not get better automatically mation that she would be a champion kind of harassment has no place in our because we hope for them, because we for their equality, for their dignity, classrooms, no place in our schools, pray for them; they will get better be- and the Office for Civil Rights would and it has no place anywhere in our cause we are a country that loves our continue its needed work, but she country, but it is all too common and children, and love is not a being verb. didn’t. all too often unaddressed. It demands action. We see time and I hoped she would stand up and say: I would like to talk about a parent. time again that children aren’t seeing We have violence on our college cam- Her name is Wendy Walsh. The harass- the kind of action where they are, and puses; that right now silence is allow- ment against Wendy’s son Seth began thank God right now there is a place ing insidious realities to exist. We have for him in the fourth grade when his for parents to go. They can appeal to a problem with reporting rates. We classmates suspected he was gay. By the Federal Government. The Depart- have a problem with reports being the time he reached the seventh grade, ment of Education, the Office for Civil made and not being taken seriously; the bullying, the verbal and physical Rights, has to be led by someone who that she could have used that as an op- abuse in person and online was so bad takes this seriously, who sees the calls portunity to speak against what is hap- that he was afraid to walk home from for justice for lesbian, gay, bisexual, pening to an unconscionable level of school. This child lived in terror of just and transgender youth as valid, that young women on college campuses— going to class. After one bullying inci- sees the crisis, that sees the problem. something that we would never want to dent in a local park, his mom says that It was widely reported, when Mrs. have happen to any of our daughters; 13-year-old Seth came home from DeVos’s nomination was made—widely to make a pledge that the Office for school. She talked to him. He asked to reported—that her family had given Civil Rights would not just continue borrow a pen from his mom. That con- support, significant support, and that campus advisories but would fight to versation will be the last time she she herself gave significant support to hold those college campuses account- would see her son alive. The next time discriminatory extremists, dangerous able, but she didn’t. Wendy saw her son Seth, he had hanged and hateful groups that promote ideas For students and families across the himself on a tree in their backyard. that say a child who is gay is somehow country, this may not be a celebrated

VerDate Sep 11 2014 05:48 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.089 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 6, 2017 CONGRESSIONAL RECORD — SENATE S739 part. We may not all know in America struggles and the sacrifice. I reap the probably enduring some things I never that the Department of Education has harvest from Ruby Bridges and her had to endure. They are probably wor- an Office of Civil Rights, but for so courage. ried about their safety. They are prob- many families with children on college Our country has come so far. There is ably being put in a situation where campuses and preschools, grade so much love, so much more recogni- they are questioning their worth. They schools, high schools, the Office for tion of the dignity of all children. But, probably feel alone and isolated. My Civil Rights has been the difference— come on, we are not there yet. Children prayer is that this child knows that, the difference makers between injus- are often harassed because they wear a even though it isn’t perfect and it tice and justice, the difference makers head scarf. I recently heard about a won’t be easy, that child somehow between violence and security, the dif- Sikh child wearing a turban who was knows that they are not alone, that ference makers between who we say we still harassed; a mother concerned that there will be people fighting for them. are as a nation, liberty and justice for her kid, no worse than another but I was taught, in the words of a great all, and experiencing a terrible, awful seems to get suspended more for the poet, that there is a dream in this land lie. same behavior. As to children with dis- with its back against the wall; to save I feel compelled to speak out on the abilities, parents are still concerned the dream for one, we must save it for vital importance of the Education Sec- that even though we have affirmed all. retary, regardless of party, regardless their rights and dignities in law, those May the Office of Civil Rights in the of background. I feel a personal respon- laws aren’t being carried out like they years to come remain vigilant, remain sibility to assure that if I cast my vote should. strong, and remain expansive in their as a Senator, that whoever takes that God, there are young women on a col- efforts. I have no confidence it will do office will be tireless in the defense of lege campus today who rightfully ques- so under this person and, therefore, I all the rights, privileges, and liberties tion whether their campus is com- oppose this nomination. Thank you of our students because I personally mitted to eradicating sexual violence. very much. stand here today because of the role of With all of these things going on, we I yield the floor. the Federal Government in enforcing have to have champions here. We have The PRESIDING OFFICER. The Sen- civil rights laws. I stand here today be- to have people who understand that ator from Washington. cause of the courageous Federal laws public education is a right for every- Mrs. MURRAY. Mr. President, I wish that were put in place—bipartisanship, one. Some of the most profound battles to thank the Senator from New Jersey, Republicans and Democrats, great bat- in our country have been fought to get who has given us such a compelling tles on this floor for civil rights and equal access for children to school, so reason to remind all of us why we are disability rights, for title IX protec- that they can stride toward that school here at almost midnight and why we tions for women. I am a product of door knowing that they will get a qual- all intend to keep talking and keep these kinds of fights over the Federal ity education, free from bullying, free working and keep trying to convince role when it comes to civil rights. I from harassment, free from the binds one more Senator to say no to this stand here today because of our collec- of hatred or discrimination that might nominee. He reminds us of the basic tive history. I stand here today because hold them back in their lives. principle in this country that our fore- of our dramatic history. I believe in Now, I have faith in who we are as a fathers dreamed of and that they put States’ rights. It is enshrined in our Nation. I know we are a loving country into our Constitution and that we have Constitution, but I cannot ignore the and a good country, but we haven’t got fought for, which is that every child role of the Federal Government. Brown it perfect yet. So I stand here today in should have dignity and every child v. Board of Education is perhaps one of opposition to this nomination because should have a public education. That is the most famous Supreme Court cases I believe we need a champion. I wish I why it is so important that we have affirming the Federal role. had a chance to meet with the nomi- someone who leads this agency who I hung a picture in the front of my nee. I wish the hearings had been shares that conviction. I really want to office. I come out of my office into longer. I have never seen them so thank Senator BOOKER for his tremen- where my assistant sits, and the first rushed. But there is too much at stake dous words tonight. thing I see on the wall in front of me is right now. There are too many prob- As the ranking member on this com- a Norman Rockwell painting. There is lems that still exist. mittee, who has been here throughout this young girl in that painting, and Sadly, there still is a need for an Of- the Friday debate and through the 12 she is striding proudly to school, and fice of Civil Rights in the Department hours of debate we have had tonight behind her are racial epithets, a to- of Education that is aggressive when it and we will continue to have up until mato smashed against that wall. She is comes to the defense of freedom and the vote tomorrow, I have had the op- a little girl—God, her courage—named our rights. I did not hear such a com- portunity to hear many Senators speak Ruby Bridges. There are these White mitment from this nominee. There are passionately. Senator TESTER was here men surrounding her walking just as millions of parents who didn’t hear her on Friday. He is from a very rural tall, and they are escorting that girl to speak to the concerns they have about State, and he was speaking about how school. There is clearly hate swirling their gay child, the concerns they have important it is to not have funds around. You can look at that picture, about their child with a disability, robbed away from the public education and you can feel it. But I don’t care their concerns about their children systems in those small little school what your background or religion is, going off to college. We did not hear districts to go to students with vouch- you look at Norman Rockwell’s paint- that commitment. In fact, what we ers for private schools that don’t exist ing—as I make sure I do every day as I heard was a belief that States can fig- in those rural communities. He talked leave my office as a U.S. Senator and I ure it out. There was a failure to com- about the importance of our public see that picture—and I am reminded mit to even the most basic continuance schools and our public school institu- that sometimes when there is hate, of the Office of Civil Rights. tions in a slightly different way than sometimes when there is violence, I am glad I hung that picture in front the Senator from New Jersey did. He sometimes the State doesn’t get the of my office. I may not be able to get talked about how, when his grand- job done. Sometimes, the most vulner- what I consider an open hearing and parents settled in Montana, instead of able child needs a little help—not just answers to these questions because I being ranchers like those before them, from a loving teacher or a loving par- walk by Ruby Bridges. I feel I owe her they were wheat farmers. There were ent but from a government that stands a duty to not vote for someone who has cattlemen and wheat farmers who were behind her and says: You matter. been silent on the issues that are so fighting and at odds with each other in I can’t stand here today without rec- critical to this country being who we the community, and where they came ognizing that this is my history, that say we are. together was in their schools, because this is your history, that it is all of our There is a child, I think, who won- both cattlemen’s kids and ranchers’ history, and that our Federal Govern- ders right now. Somewhere in America, kids were in the same school, and they ment has a role to play. I drink deeply that child is wondering if this country played basketball together, and it from the wells of the freedom and the will prove itself true to them. They are healed the wounds of that community.

VerDate Sep 11 2014 05:48 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.090 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S740 CONGRESSIONAL RECORD — SENATE February 6, 2017 The Senator from New Jersey just pleas. Why and how? Because these that it is in, from the teachers who are talked about the Office of Civil Rights people saw this nominee at this hear- there, from the parents who participate and why it is so important—that no ing, and their expectations for our edu- as school board members and teacher matter what we look like or what this cation system in this country are high. volunteers. It is the driving passion of country stands for, this country says They want someone leading the De- our communities. It is not something you have a right to an education. It is partment of Education who knows the people want ripped away, torn apart, or in our public schools where kids from issues, who believes in public edu- degraded. That is why this nominee has all strata and all economic lives, with cation. They were appalled at what touched a nerve across the country. different backgrounds and different they heard, and they said no. I heard from Mrs. Rebecca colors and different religions and dif- Mrs. Mary Ann Whittaker, a woman Blankenship. She lives in Gig Harbor. ferent thoughts come together and heal from Longview, WA, a small rural com- She said: our communities. munity: Dear Senator Murray, That is what is at risk with this Dear Senator Murray, I am writing to urge you to oppose the nominee, and that is why so many Sen- As an educator of 30 years and a mother nomination of Betsy DeVos as the Secretary ators on our side have said: To one who has helped to raise and educate five chil- of Education. As a certified teacher who has more Republican Senator, send this dren, I was shocked and dismayed by the taught for many years in Public schools and nomination back to the President who lack of knowledge and depth of under- as a parent of two young girls in the Penin- sula School District, I find DeVos to be com- campaigned saying: Let’s heal this Na- standing that Ms. DeVos has about education. Our education system needs a leader pletely unqualified for the position as she tion; let’s bring people together; send who can be a true leader in this arena, with has no public school experience, has actively us a nominee who actually does that. the background and backbone to do what is funneled money away from schools in need Again, I want to thank the Senator in the best interest of the children of this and lacks the fundamental educational back- from New Jersey and all of the Sen- great country—please do everything in your ground to make decisions that impact mil- ators who have been here to speak power to make sure this woman is not al- lions of students. about how important it is to have a lowed to gain this position. Thank you—on There is no issue more important to me public education. behalf of thousands of children and educators than our education system. I wouldn’t be in the Senate tonight in the state of Washington!! I heard from Ms. Carol Pelander, a without a public education. I come I heard from Joel Puchtler of Seattle, former teacher, from Tacoma, WA: from a family of nine, and my father, WA. He said: As a retired public school teacher, who who was a World War II veteran, got Please do everything in your power to stop continues to work part-time training new sick when I was in junior high. He was DeVos from becoming Secretary of Edu- teachers, I am extremely concerned about diagnosed with multiple sclerosis. My cation. She is transparently incompetent, the potential damage that will be done to mom had been at home taking care of and will be destructive to the nation’s edu- public education if Betsy DeVos is confirmed seven kids. She didn’t have a job. She cation system through both intent and inep- as the Secretary of Education. Our mission as educators includes teaching our kids how didn’t have skills. We didn’t know what titude. Demand a competent appointee from the president-elect. to live and work together effectively in a di- was going to happen to us. But we had I am an educator. My wife is an educator. verse community, and the proposals brought a public education system that was My grandfather was the first Commissioner to the table by Ms. DeVos to privatize edu- there for us. Our country was there for of Education (so called at the time) under cation will further divide us as a community us with a public education system—not the Johnson administration. He would be and significantly reduce our already limited with a voucher that said you can go to thrilled to see a competent woman in this resources. She is not qualified for this impor- a private school that we couldn’t afford appointment, but categorically horrified at tant leadership position. even with it or to be able to get one, the possibility of DeVos, just as I am. I have been in the Senate for a long but a public education school in our These are the kinds of reactions I am time. I have gotten a lot of emails, a community that gave the education to hearing from my constituents. Why? lot of phone calls, talked to a lot of each one of those kids in my family— Because we had this nominee come be- constituents, and been to a lot of com- all seven of us. Then it allowed us to go fore our committee. We were allowed 5 munity meetings. These thousands of on to college with Pell grants and stu- minutes each to ask her questions. She letters that we are getting are not dent loans, because our government has a very complex financial back- form letters. These are letters of people was there for us, even though my dad ground. We were not allowed to look at telling stories. They are passionate was sick and my mom had to stay those financial background papers be- about their public schools. They have home and take care of him. We had fore we had a chance to talk to her, so spoken louder about this nominee than food stamps for a while, and it was we only had some information. The any other, saying: This is not what I tough, but we made it because this only thing we could do was ask her want for my country. country had a commitment to public questions about what she believed in. I have heard from many people in our education for every student, no matter Her answers were astounding, and rural communities who are so con- where you lived or where you came many people saw them, whether it was cerned about privatizing our public from or what challenges you had at about IDEA and the ability of children education system because they don’t home. with disabilities in this country to get have a private school to send their kids That is why I am here in the Senate, an education, whether it was about pol- to, even if the voucher that she es- and that is why many of us are here in icy debates we are having on edu- pouses were enough to put them into the Senate. It is why this nominee has cation, or what she saw as her drive one. sparked such an interest across this and her ambition. People in this coun- I grew up in a rural community. I country. Like many Senators—I think, try want someone who feels passionate grew up in the small town of Bothell. like all Senators—my office has been about public education, not someone Coming in to town, I remember the inundated with mail and phone calls who has used her vast amounts of sign that said 998 people, and I remem- and emails and rallies and people say- wealth and her experience to go after ber the day it said that 1,000 people ing: Please, stop this nominee, and what she calls an education system lived in Bothell. Our schools were the send us someone who can actually that is incompetent and, in her opin- heart and soul of our community. It is work for all of us, because education is ion, needs to go away. Her drive has where your met your neighbors. It is a critical piece for each one of us. It is been to take the funds out of public where you sent your kids to play bas- across the country. education and go for private, for-profit ketball. Everybody showed up for the I want to share some of the letters education. football games and the music concerts. that I have received about this nomi- I can understand that a woman who It was our community. We loved it, and nee. I have received 48,000 pieces of is a billionaire with a lot of money in- we owned it. Did we say it was perfect? mail opposed to Mrs. DeVos; the num- vested in companies wanting compa- Did my parents say it was perfect? No. ber of pro-DeVos emails and letters is nies to succeed, but our public edu- But it was the heart and soul of that in the teens. I have 48,000 pieces, and cation system is not a company. Our community, and they did not want to they are all personal. These aren’t rote public education system is something lose it, just as so many other parents emails and letters; these are personal that is derived from the communities in this country want a Secretary of

VerDate Sep 11 2014 05:48 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.092 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 6, 2017 CONGRESSIONAL RECORD — SENATE S741 Education who wants all kids to have a This is my 16th year of being a teacher in forefathers did when they created this good education. our public school system in WA State. I am country and said: We are going to have I have so many letters here. I have an advocate of public schools as I feel strong- a country—a democracy—that has a one from Adam Brickett, from McClure ly that all our students deserve the right to public education system paid for by all free and quality education. Middle School in Seattle. He says: I am opposed to the nomination of Betsy taxpayers to assure that everyone, no Thank you for your years of service rep- DeVos for the Secretary of Education sys- matter who they are or where they resenting our state. I have never contacted tem. Her past actions and beliefs clearly come from, is not denied a public edu- an elected official before— demonstrate that she is not an advocate for cation. They can learn to read and By the way, many of my letters start our public schools. It would be so damaging write and communicate and get the with that. if we move in the direction of privatizing skills they need to be successful. They I have never contacted an elected official public education. can dream who they want to dream to before but with the changes happening in our Please consider opposing the nomination of Betsy DeVos in the best interest for our pub- be and be there. country I feel the need to now. I’m writing We do not want to go backward, and specifically to you today about the nominee lic school system. for Secretary of Education, Betsy DeVos. Let me read another letter from Ra- we are one vote away from changing As a middle school teacher for Seattle Pub- chel Guim of Seattle. She says: where we are on this nomination, send- lic Schools I work hard every day to ensure As a committed public school teacher, I being this back to the President, and ask- that my students get the best education pos- lieve in our neighborhood public schools, ing him to please send us a Secretary sible to be successful in their future careers which open their doors to all children, be- of Education who can get the votes in and lives. I am concerned that Ms. DeVos cause unlike Betsy DeVos, I see them work the Senate, who will be an Education does not have the experience necessary nor for children and their families every single the best intentions for our nation’s students Secretary for all people, from all walks day. We as a community are being under- and schools to be our Secretary of Edu- of life, from our rural communities and mined by charters, vouchers, for-profit cation. I believe she would put profits and our urban communities, no matter who schools and online schools. Precious tax dol- money ahead of students, schools and teach- they are or where they come from. ers. I felt this way before her nomination lars are being wasted creating a parallel school system (when we’re already under- That, I think, is a great possibility and hearing and feel even more strongly after her would be a great outcome. hearing. I am worried about the damage she funded and not meeting the legal requirements)! Our democratically governed I know that my colleague is on the could do to an already fragile public edu- floor and is ready to speak as well. cation system. I know I am not alone as vir- schools—we, the people you have vowed to tually all the colleagues I have spoken with represent—need your commitment and sup- Again, I have so many letters from so have expressed similar dismay with her nom- port. Choice is a disguise for school privat- many people—48,000—who have voiced ination. ization, nothing more. Stop the takeover of their opinion on this, more than I have Her record of attacking public schools and our democratically governed schools. . . . Do ever had with any other nominee in my not vote to confirm Betsy DeVos. funneling money to charter and parochial memory or any other issue in my mem- schools with little to no oversight is trou- And she goes on. Again, there are so ory. I thank all those who have written bling. Her lack of experience whatsoever many letters from so many people from in and spoken out and stood up for pub- with public education is also very disturbing. so many different walks of life, all con- Not only has she never been an educator or lic education. It is the foundation of cerned about having a Secretary of our democracy, and it is our responsi- administrator but she has never even at- Education who doesn’t represent the tended or enrolled her children in public edu- bility, our goal to continue that for cation. best values and the best beliefs of our them. A high quality, public education is one of country. Mr. President, I yield the floor. the most powerful tools a society has. Please Ms. Amanda Smith, a Kindergarten don’t allow someone with no experience and teacher, wrote to me and said: f who is fundamentally against public edu- Hello, MORNING BUSINESS cation to become the person in charge of it. I am a kindergarten teacher in a public el- I respectfully ask you and your colleagues in ementary school. I am very concerned about the senate to do what is right by our nation’s Betsy DeVos’ potential nomination as sec- students and reject Ms. DeVos as Secretary retary of education. As someone who never COMMITTEE ON FINANCE of Education. attended public school, didn’t send her kids Thank you again for your tireless service to public school, does not have an education to the residents of Washington. degree and has never taught, she hardly RULES OF PROCEDURE I have 48,000 letters. My staff handed seems like a fitting candidate for secretary Mr. HATCH. Mr. President, the Com- me a pile of them. They are all very of education. Can anything be done to stop mittee on Finance has adopted rules this nomination? similar. They are very heartfelt. They governing its procedures for the 115th are not just writing a rote letter to us. From Gina McMather, a teacher in Congress. Pursuant to rule XXVI, para- They watched the hearings, they lis- Port Townsend, WA: graph 2, of the Standing Rules of the tened, they care about our public Dear Patty Murray, Senate, I ask unanimous consent that As a recently retired public school teacher, schools, and some of them are Trump the accompanying rules for the Senate supporters. They want this President I especially urge you to fight against Betsy DeVos’s nomination for education secretary. Committee on Finance be printed in to support our public schools. the RECORD. They did not in this past election She is not in any way qualified for the job. Her commitment to charter schools com- There being no objection, the mate- have a debate about whether we should bined with a lack of experience with public rial was ordered to be printed in the privatize public schools. We talked schools could destroy our nation’s edu- RECORD, as follows: about the debate—and I know my can- cational system. COMMITTEE ON FINANCE didate didn’t win. But in this country, Public school teachers provide an edu- I never heard a debate about taking cation for all of our students. Teachers need I. RULES OF PROCEDURE public education away, about more respect and remuneration. We need the Rule 1. Regular Meeting Days.—The regular voucherizing our public schools, about very best college graduates to be attracted meeting day of the committee shall be the to the profession. I have known so many second and fourth Tuesday of each month, having someone who is the top per- dedicated and effective public school teach- except that if there be no business before the son—the Secretary of Education— ers during my 25-year career and those of us committee the regular meeting shall be espouse positions that are so fun- retiring baby boomers need the best succes- omitted. damentally opposed to what I grew up sors possible. They need your support. Don’t Rule 2. Committee Meetings.—(a) Except as with and obviously to so many parents, let this undermine our efforts. provided by paragraph 3 of Rule XXVI of the teachers, students, family members, Thank you again for all your [work]. Standing Rules of the Senate (relating to superintendents, people involved in What I hear from people over and special meetings called by a majority of the schools, and business leaders. They are over again is that they want somebody committee) and subsection (b) of this rule, leading our public school system in committee meetings, for the conduct of busi- writing to us now because they saw the ness, for the purpose of holding hearings, or same thing we did in this hearing. this country who actually believes in for any other purpose, shall be called by the Let me read a letter from Trina public schools, who has the education, chairman after consultation with the rank- Whitaker from Mukilteo Schools. She the experience, the compassion, the ing minority member. Members will be noti- says: willingness to understand what our fied of committee meetings at least 48 hours

VerDate Sep 11 2014 05:48 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.094 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S742 CONGRESSIONAL RECORD — SENATE February 6, 2017 in advance, unless the chairman determines Rule 11. Nominations.—In considering a (c) Equipment necessary for coverage by that an emergency situation requires a nomination, the committee may conduct an television and radio media shall not be in- meeting on shorter notice. The notification investigation or review of the nominee’s ex- stalled in, or removed from, the hearing will include a written agenda together with perience, qualifications, and suitability, to room while the committee is in session. materials prepared by the staff relating to serve in the position to which he or she has (d) Additional lighting may be installed in that agenda. After the agenda for a com- been nominated. To aid in such investigation the hearing room by the media in order to mittee meeting is published and distributed, or review, each nominee may be required to raise the ambient lighting level to the lowest no nongermane items may be brought up submit a sworn detailed statement including level necessary to provide adequate tele- during that meeting unless at least two- biographical, financial, policy, and other in- vision coverage of the hearing at the then thirds of the members present agree to con- formation which the committee may re- current state of the art of television cov- sider those items. quest. The committee may specify which erage. (b) In the absence of the chairman, meet- items in such statement are to be received (e) The additional lighting authorized by ings of the committee may be called by the on a confidential basis. Witnesses called to subsection (d) of this rule shall not be di- ranking majority member of the committee testify on the nomination may be required to rected into the eyes of any members of the who is present, provided authority to call testify under oath. committee or of any witness, and at the re- meetings has been delegated to such member Rule 12. Open Committee Hearings.—To the quest of any such member or witness, offend- by the chairman. extent required by paragraph 5 of Rule XXVI ing lighting shall be extinguished. Rule 3. Presiding Officer.—(a) The chairman of the Standing Rules of the Senate (relating Rule 17. Subcommittees.—(a) The chairman, shall preside at all meetings and hearings of to limitations on open hearings), each hear- subject to the approval of the committee, the committee except that in his absence the ing conducted by the committee shall be shall appoint legislative subcommittees. The ranking majority member who is present at open to the public. ranking minority member shall recommend the meeting shall preside. Rule 13. Announcement of Hearings.—The to the chairman appointment of minority (b) Notwithstanding the rule prescribed by committee shall undertake consistent with members to the subcommittees. All legisla- subsection (a) any member of the committee the provisions of paragraph 4(a) of Rule tion shall be kept on the full committee cal- may preside over the conduct of a hearing. XXVI of the Standing Rules of the Senate endar unless a majority of the members Rule 4. Quorums.—(a) Except as provided in (relating to public notice of committee hear- present and voting agree to refer specific leg- subsection (b) one-third of the membership ings) to issue public announcements of hear- islation to an appropriate subcommittee. of the committee, including not less than ings it intends to hold at least one week (b) The chairman may limit the period dur- one member of the majority party and one prior to the commencement of such hearings. ing which House-passed legislation referred member of the minority party, shall con- Rule 14. Witnesses at Hearings.—(a) Each to a subcommittee under paragraph (a) will witness who is scheduled to testify at any stitute a quorum for the conduct of business. remain in that subcommittee. At the end of hearing must submit his written testimony (b) Notwithstanding the rule prescribed by that period, the legislation will be restored to the staff director not later than noon of subsection (a), one member shall constitute to the full committee calendar. The period the business day immediately before the last a quorum for the purpose of conducting a referred to in the preceding sentences should business day preceding the day on which he hearing. be 6 weeks, but may be extended in the event is scheduled to appear. Such written testi- Rule 5. Reporting of Measures or Rec- that adjournment or a long recess is immi- mony shall be accompanied by a brief sum- ommendations.—No measure or recommenda- nent. mary of the principal points covered in the tion shall be reported from the committee (c) All decisions of the chairman are sub- written testimony. Having submitted his unless a majority of the committee is actu- ject to approval or modification by a major- written testimony, the witness shall be al- ally present and a majority of those present ity vote of the committee. lowed not more than ten minutes for oral concur. (d) The full committee may at any time by presentation of his statement. Rule 6. Proxy Voting; Polling.—(a) Except as majority vote of those members present dis- provided by paragraph 7(a)(3) of Rule XXVI (b) Witnesses may not read their entire written testimony, but must confine their charge a subcommittee from further consid- of the Standing Rules of the Senate (relating oral presentation to a summarization of eration of a specific piece of legislation. to limitation on use of proxy voting to re- their arguments. (e) The chairman and ranking minority port a measure or matter), members who are (c) Witnesses shall observe proper stand- members shall serve as nonvoting ex officio unable to be present may have their vote re- ards of dignity, decorum, and propriety while members of the subcommittees on which corded by proxy. presenting their views to the committee. they do not serve as voting members. (b) At the discretion of the committee, Any witness who violates this rule shall be (f) Any member of the committee may at- members who are unable to be present and dismissed, and his testimony (both oral and tend hearings held by any subcommittee and whose vote has not been cast by proxy may written) shall not appear in the record of the question witnesses testifying before that be polled for the purpose of recording their hearing. subcommittee. vote on any rollcall taken by the committee. (d) In scheduling witnesses for hearings, (g) Subcommittee meeting times shall be Rule 7. Order of Motions.—When several the staff shall attempt to schedule witnesses coordinated by the staff director to ensure motions are before the committee dealing so as to attain a balance of views early in that— with related or overlapping matters, the the hearings. Every member of the com- (1) no subcommittee meeting will be held chairman may specify the order in which the mittee may designate witnesses who will ap- when the committee is in executive session, motions shall be voted upon. pear before the committee to testify. To the except by unanimous consent; Rule 8. Bringing a Matter to a Vote.—If the extent that a witness designated by a mem- (2) no more than one subcommittee will chairman determines that a motion or ber cannot be scheduled to testify during the meet when the full committee is holding amendment has been adequately debated, he time set aside for the hearing, a special time hearings; and may call for a vote on such motion or will be set aside for the witness to testify if (3) not more than two subcommittees will amendment, and the vote shall then be the member designating that witness is meet at the same time. taken, unless the committee votes to con- available at that time to chair the hearing. Notwithstanding paragraphs (2) and (3), a tinue debate on such motion or amendment, Rule 15. Audiences.—Persons admitted into subcommittee may meet when the full com- as the case may be. The vote on a motion to the audience for open hearings of the committee is holding hearings and two sub- continue debate on any motion or amend- mittee shall conduct themselves with the committees may meet at the same time only ment shall be taken without debate. dignity, decorum, courtesy, and propriety upon the approval of the chairman and the Rule 9. Public Announcement of Committee traditionally observed by the Senate. Dem- ranking minority member of the committee Votes.—Pursuant to paragraph 7(b) of Rule onstrations of approval or disapproval of any and subcommittees involved. XXVI of the Standing Rules of the Senate statement or act by any member or witness (h) All nominations shall be considered by (relating to public announcement of votes), are not allowed. Persons creating confusion the full committee. the results of rollcall votes taken by the or distractions or otherwise disrupting the (i) The chairman will attempt to schedule committee on any measure (or amendment orderly proceeding of the hearing shall be ex- reasonably frequent meetings of the full thereto) or matter shall be announced pub- pelled from the hearing. committee to permit consideration of legis- licly not later than the day on which such Rule 16. Broadcasting of Hearings.—(a) lation reported favorably to the committee measure or matter is ordered reported from Broadcasting of open hearings by television by the subcommittees. the committee. or radio coverage shall be allowed upon ap- Rule 18. Transcripts of Committee Meetings.— Rule 10. Subpoenas.—Witnesses and memo- proval by the chairman of a request filed An accurate record shall be kept of all mark- randa, documents, and records may be sub- with the staff director not later than noon of ups of the committee, whether they be open poenaed by the chairman of the committee the day before the day on which such cov- or closed to the public. A transcript, marked with the agreement of the ranking minority erage is desired. as ‘‘uncorrected,’’ shall be available for in- member or by a majority vote of the com- (b) If such approval is granted, broad- spection by Members of the Senate, or mem- mittee. Subpoenas for attendance of wit- casting coverage of the hearing shall be con- bers of the committee together with their nesses and the production of memoranda, ducted unobtrusively and in accordance with staffs, at any time. Not later than 21 busi- documents, and records shall be issued by the standards of dignity, propriety, courtesy, ness days after the meeting occurs, the com- the chairman, or by any other member of the and decorum traditionally observed by the mittee shall make publicly available committee designated by him. Senate. through the Internet—

VerDate Sep 11 2014 05:48 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.019 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 6, 2017 CONGRESSIONAL RECORD — SENATE S743 (a) a video recording; two hours after the meeting of the Senate long as there is doubt of the assurance of (b) an audio recording; or commenced and in no case after two o’clock order. (c) after all members of the committee post meridian unless consent therefor has (e) Each committee shall prepare and keep have had a reasonable opportunity to correct been obtained from the majority leader and a complete transcript or electronic recording their remarks for grammatical errors or to the minority leader (or in the event of the adequate to fully record the proceeding of accurately reflect statements, a corrected absence of either of such leaders, from his each meeting or conference whether or not transcript. designee). The prohibition contained in the such meeting or any part thereof is closed Notwithstanding the above, in the case of preceding sentence shall not apply to the under this paragraph, unless a majority of the record of an executive session of the Committee on Appropriations or the Com- its members vote to forgo such a record. committee that is closed to the public pursu- mittee on the Budget. The majority leader or *** ant to Rule XXVI of the Standing Rules of his designee shall announce to the Senate f the Senate, the record shall not be published whenever consent has been given under this or made public in any way except by major- subparagraph and shall state the time and H.J. RES. 41 ity vote of the committee after all members place of such meeting. The right to make Mr. SANDERS. Mr. President, I of the committee have had a reasonable op- such announcement of consent shall have the strongly opposed the Republicans’ ef- portunity to correct their remarks for gram- same priority as the filing of a cloture mo- matical errors or to accurately reflect state- tion. forts to gut the SEC rule regarding ments made. (b) Each meeting of a committee, or any transparency for oil and mining indus- Rule 19. Amendment of Rules.—The fore- subcommittee thereof, including meetings to try payments to foreign governments. going rules may be added to, modified, conduct hearings, shall be open to the public, I hope the American people are pay- amended, or suspended at any time. except that a meeting or series of meetings ing attention. One of the first sub- II. EXCERPTS FROM THE STANDING by a committee or a subcommittee thereof stantive legislative matters that Re- RULES OF THE SENATE RELATING TO on the same subject for a period of no more publicans are trying to send to the STANDING COMMITTEES than fourteen calendar days may be closed to the public on a motion made and seconded to President is a measure that makes it RULE XXV go into closed session to discuss only wheth- easier for oil companies to corrupt for- STANDING COMMITTEES er the matters enumerated in clauses (1) eign governments and undermine U.S. 1. The following standing committees shall through (6) would require the meeting to be foreign policy goals. be appointed at the commencement of each closed, followed immediately by a record This bill seeks to unravel human Congress, and shall continue and have the vote in open session by a majority of the rights and transparency protections power to act until their successors are ap- members of the committee or subcommittee implemented by the Obama adminis- pointed, with leave to report by bill or other- when it is determined that the matters to be tration. The rule requires oil and min- wise on matters within their respective ju- discussed or the testimony to be taken at ing companies to tell the SEC how such meeting or meetings— risdictions: much money they pay to foreign gov- *** (1) will disclose matters necessary to be kept secret in the interests of national de- ernments to extract natural resources. (i) Committee on Finance, to which com- fense or the confidential conduct of the for- It is a simple, common-sense require- mittee shall be referred all proposed legisla- eign relations of the United States; ment to improve transparency and tion, messages, petitions, memorials, and (2) will relate solely to matters of com- combat corruption in some of the most other matters relating to the following sub- mittee staff personnel or internal staff man- corrupt and dysfunctional countries in jects: agement or procedure; 1. Bonded debt of the United States, except (3) will tend to charge an individual with the world. In fact, dozens of other as provided in the Congressional Budget Act crime or misconduct, to disgrace or injure countries require that their companies of 1974. the professional standing of an individual, or report payments to foreign govern- 2. Customs, collection districts, and ports otherwise to expose an individual to public ments. of entry and delivery. contempt or obloquy, or will represent a Time and again, we have seen oil and 3. Deposit of public moneys. clearly unwarranted invasion of the privacy mining companies go into other na- 4. General revenue sharing. of an individual; tions that are poor and lack basic 5. Health programs under the Social Secu- (4) will disclose the identity of any in- democratic institutions and pay huge rity Act and health programs financed by a former or law enforcement agent or will dis- specific tax or trust fund. close any information relating to the inves- sums of money to autocratic corrupt 6. National social security. tigation or prosecution of a criminal offense regimes. According to a recent article 7. Reciprocal trade agreements. that is required to be kept secret in the in- in Foreign Affairs, when Rex Tillerson 8. Revenue measures generally, except as terests of effective law enforcement; led Exxon as its chairman and CEO, provided in the Congressional Budget Act of (5) will disclose information relating to the Exxon ‘‘cut lucrative deals with dic- 1974. trade secrets of financial or commercial in- tators in oil-rich pockets of Africa, ex- 9. Revenue measures relating to the insu- formation pertaining specifically to a given tending the lifespans of autocratic re- lar possessions. person if— 10. Tariffs and import quotas, and matters (A) an Act of Congress requires the infor- gimes in places such as Angola, Chad, related thereto. mation to be kept confidential by Govern- the Democratic Republic of the Congo, 11. Transportation of dutiable goods. ment officers and employees; or and Equatorial Guinea.’’ Thanks to *** (B) the information has been obtained by their countries’ oil reserves, the lead- the Government on a confidential basis, RULE XXVI ers of these poor countries have been other than through an application by such able to remain in power for decades. COMMITTEE PROCEDURE person for a specific Government financial or Yet the rule is dogged by many *** other benefit, and is required to be kept se- myths and falsehoods spurred by the 2. Each committee shall adopt rules (not cret in order to prevent undue injury to the competitive position of such person; or fossil fuels lobby. More than $200 mil- inconsistent with the Rules of the Senate) lion was spent by opponents of the governing the procedure of such committee. (6) may divulge matters required to be The rules of each committee shall be pub- kept confidential under other provisions of rule—the oil and gas industry and the lished in the Congressional Record not later law or Government regulations. U.S. Chamber of Commerce—on polit- than March 1 of the first year of each Con- (c) Whenever any hearing conducted by ical lobbying and campaign contribu- gress, except that if any such committee is any such committee or subcommittee is tions. According to a report in POLIT- established on or after February 1 of a year, open to the public, that hearing may be ICO, when our newly confirmed Sec- the rules of that committee during the year broadcast by radio or television, or both, under such rules as the committee or sub- retary of State, Rex Tillerson, was the of establishment shall be published in the CEO of Exxon Mobil, he personally lob- Congressional Record not later than sixty committee may adopt. (d) Whenever disorder arises during a com- bied vigorously against transparency days after such establishment. Any amend- mittee meeting that is open to the public, or ment to the rules of a committee shall not and disclosure, saying that if other any demonstration of approval or dis- take effect until the amendment is published people knew how much his company approval is indulged in by any person in at- in the Congressional Record. paid foreign governments, it would be tendance at any such meeting, it shall be the bad for his business. In fact, Rex *** duty of the Chair to enforce order on his own 5. (a) Notwithstanding any other provision initiative and without any point of order Tillerson said that there was one coun- of the rules, when the Senate is in session, being made by a Senator. When the Chair try in particular where this rule would no committee of the Senate or any sub- finds it necessary to maintain order, he shall be hard for Exxon—Russia. committee thereof may meet, without spe- have the power to clear the room, and the Another Republican myth is that cial leave, after the conclusion of the first committee may act in closed session for so U.S. companies are at a competitive

VerDate Sep 11 2014 06:41 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.021 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S744 CONGRESSIONAL RECORD — SENATE February 6, 2017 disadvantage because non-U.S. compa- and I have requested and received writ- Following his coaching career, Bill nies do not have to make the same dis- ten confirmation to reinforce the com- turned his leadership talents in a new closures and the rule applies only to mitment he made at his hearing to up- direction. Fellow Pascagoula native public companies—not true. The U.S. hold laws that ban torture. As a mem- and former U.S. Senator Trent Lott law covers all oil, gas, and mining com- ber of the Senate Judiciary Com- first hired Bill as a field representa- panies listed on U.S. stock exchanges— mittee, I intend to exercise robust tive, and I was fortunate to bring him not simply companies based in the oversight to ensure that these laws are on my staff in 2008. United States. This includes BP, Shell, upheld. Bill has served my office and the peo- and Total, as well as leading state- I am opposed to torture. In 2007, I ple of Mississippi honorably and with owned oil companies from China and voted against Michael Mukasey for At- great dedication. Brazil, such as PetroChina and torney General because of his views on I am deeply grateful for having the Petrobras. waterboarding. In 2015, I voted to benefit of his excellent service to our Republicans also claim that this rule strengthen the legal prohibition on tor- State and Nation. increases prices at the pump—again, ture by limiting interrogation tech- f niques and requiring that the Red not true. Corruption costs oil and min- ADDITIONAL STATEMENTS ing companies millions of dollars every Cross has access to all detainees. I have year from instability and fragility in also introduced bipartisan legislation, resource-rich countries, which contrib- the Torture Victims Relief Act, to sup- TRIBUTE TO TOM BURAK utes to increased operating risks, port torture treatment programs in the ∑ Ms. HASSAN. Mr President, today I waste, inefficiency, and delays. United States and abroad to help tor- wish to ask my colleagues to join me in When leaders tap a country’s oil rev- ture survivors recover from their trau- recognizing Tom Burack and honoring enues to keep themselves in power, it ma and rebuild productive lives. his more than a decade of service to The 1984 United Nations Convention is called petro-authoritarianism. When the State of New Hampshire. As com- Against Torture has been ratified by the United States allows companies to missioner of the New Hampshire De- 157 countries, including the United secretly pay authoritarian govern- partment of Environmental Services, States. The world continues to look to ments for rights to their petroleum and he has been a strong advocate for our America for its steadfast leadership mineral resources, we become implicit State and our environment. in the resulting human poverty and and we must continue to fight against Our economic vitality as a State rights abuses. We cannot let that the practice of torture and other cruel hinges on our pristine lakes and rivers, stand, which is why we have this SEC and inhuman treatments. our clean air, and our strong protec- reporting requirement. f tion of these natural resources. Under I urged my colleagues to vote no on TRIBUTE TO WILLIAM ‘‘BILL’’ Tom’s leadership, the department has this effort to kill the important protec- CANTY focused on combating the serious chal- tions provided by the SEC rule regard- Mr. COCHRAN. Mr. President, I wish lenge of climate change and ensuring ing transparency for extractive indus- to recognize and commend William that New Hampshire citizens and visi- try payments to foreign governments. ‘‘Bill’’ Canty of Oxford, MS, on the oc- tors have access to clean air, water, We should be putting human rights in- casion of his retirement after a distin- and land while providing excellent cus- terests ahead of the financial interests guished 27-year career as a staff mem- tomer service—all of which is critical of a few powerful oil companies. That ber for the U.S. Senate. to our State’s economy and future suc- is why I urged my colleagues to vote Bill has earned my respect and that cess. This includes the development of against putting the profits of industry of the thousands of people in north the 2009 Climate Action Plan, New above the interests of our Nation and Mississippi who know him as a dedi- Hampshire’s entrance into the Re- lesser developed nations all over the cated field representative on my staff. gional Greenhouse Gas Initiative, world. I am confident that the tenacity, loy- RGGI, the creation of the MtBE Reme- f alty, and work ethic that characterized diation Bureau, and the formation of Bill’s work for me were forged early in the State Government Energy Com- CONFIRMATION OF MICHAEL mittee, among many others. POMPEO life with the lessons he learned as an outstanding student athlete. Tom has also led and facilitated a Ms. KLOBUCHAR. Mr. President, the Bill grew up in the shipbuilding town voluntary, informal network of State Senate recently voted to confirm Rep- of Pascagoula, MS, where he earned agency commissioners for 8 years, help- resentative Mike Pompeo to be the Di- letters in basketball, baseball, and ing to bring agencies together to im- rector of the CIA. While I do not agree football. As a college freshman at prove the operations of and drive inno- with many of the views that Congress- Furman University, he started at quar- vation and efficiency in State govern- man Pompeo has expressed in the past, terback for the Paladins and set school ment. He is a leader on the regional I have worked with him on legislation, records throughout his college football and national levels as well, including and I know that he is a dedicated and career, completing 215 passes for 2,460 envisioning and coleading an overall experienced public servant. I believe he yards and 24 touchdowns. He was elect- modernization of how environmental is qualified to lead the CIA at a critical ed unanimously in 1988 for induction protection services are delivered na- time in our country’s history. I was into the Furman University Hall of tionwide through a joint State-tribal- also extremely concerned about the na- Fame. Federal initiative known as E-Enter- ture of the President’s press conference Bill played professional football for prise for the Environment. All of these in front of the CIA memorial wall that the Toronto Argonauts, a Canadian actions and the many others that are honors those who lost their lives while Football League organization, but was too numerous to list have helped to in service. This press conference oc- soon called to serve his country. After strengthen our environment, protect curred before Representative Pompeo serving as an Army combat training of- public health, and combat climate was confirmed by the Senate, and it ficer, he began an extensive coaching change. provided an additional reason for put- career during which he earned a rep- New Hampshire’s natural resources ting seasoned leadership at the Agency utation for developing quarterbacks and scenic beauty must be protected, without delay. and strong passing offenses—first at and doing so requires strong collabora- Like many of my colleagues, I was Furman, then at Florida State Univer- tion. As commissioner, Tom embodied concerned about Congressman sity and the University of New Mexico. New Hampshire’s ‘‘all-hands-on-deck’’ Pompeo’s past views on torture. That In 1978, Bill returned home to Mis- spirit, working collaboratively with is why I personally asked Representa- sissippi to coach at the University of our neighboring States on issues like tive Pompeo about the use of torture, Mississippi. He is one of the only RGGI, local communities on issues like and as he did at his hearing, he stated coaches in the SEC to ever have been water quality and contamination, unequivocally that he would not use il- both the offensive and defensive coordi- other State agencies on issues like legal enhanced interrogation tech- nator in back to back seasons. Bill left State government energy efficiency, niques at the CIA. Senator FEINSTEIN coaching in 1987 and settled in Oxford. and partners at the Federal level.

VerDate Sep 11 2014 05:48 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.010 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 6, 2017 CONGRESSIONAL RECORD — SENATE S745 New Hampshire and our country have Bob was an exemplary neighbor, onstration program to target home and com- benefitted enormously from Tom’s vi- friend, and leader. His lifelong efforts munity-based care to eligible Medicare bene- sion, energy, and leadership, and I to improve the quality of life for those ficiaries; to the Committee on Finance. By Mr. PORTMAN (for himself and Mr. thank Tom for his tireless dedication around him will impact generations of BENNET): to protecting our environment and his Kansans to come. I am thankful for my S. 310. A bill to clarify that nonprofit orga- immense contributions that have friendship with him and for his service nizations such as Habitat for Humanity may helped make New Hampshire a special to so many. Our prayers are with his accept donated mortgage appraisals, and for place to live, work, visit, and raise a wife and family. May he rest in peace.∑ other purposes; to the Committee on Bank- family.∑ ing, Housing, and Urban Affairs. f By Ms. KLOBUCHAR (for herself and f EXECUTIVE AND OTHER Ms. COLLINS): REMEMBERING BOB BOALDIN COMMUNICATIONS S. 311. A bill to amend the Public Health Service Act to authorize grants for training ∑ Mr. MORAN. Mr. President, through- The following communication was and support services for families and care- out his life, Bob Boaldin was dedicated laid before the Senate, together with givers of people living with Alzheimer’s dis- to serving God, his family, his friends, accompanying papers, reports, and doc- ease or a related dementia; to the Com- and his community in Elkhart. As a uments, and was referred as indicated: mittee on Health, Education, Labor, and Pensions. stalwart figure of southwest Kansas EC–668. A communication from the Acting who worked in the communication in- By Mrs. SHAHEEN (for herself and Ms. Director, Bureau of Economic Analysis, De- HASSAN): dustry for many years, he was in many partment of Commerce, transmitting, pursu- S. 312. A bill to redesignate the Saint- ways responsible for connecting the ant to law, the report of a rule entitled ‘‘Di- Gaudens National Historic Site as the Big First to the world. rect Investment Surveys: BE–13, Survey of ‘‘Saint-Gaudens National Historical Park’’ , Bob was born on November 3, 1939, in New Foreign Direct Investment in the and for other purposes; to the Committee on Oklahoma City. He grew up in Elkhart, United States, and Changes to Private Fund Energy and Natural Resources. KS, and graduated from the local high Reporting on Direct Investment Surveys’’ By Mr. BOOZMAN (for himself and Mr. (RIN0691–AA85) received in the Office of the COTTON): school. While attending one semester President of the Senate on February 6, 2017; S. 313. A bill to clarify that volunteers at at Oklahoma Panhandle State Univer- to the Committee on Commerce, Science, a children’s consignment event are not em- sity, he met his wife of 58 years, Dian and Transportation. ployees under the Fair Labor Standards Act Whitecotton. He and Dian raised two f of 1938; to the Committee on Health, Edu- sons and a daughter: Travis, Trenton, cation, Labor, and Pensions. and Roxanna. Bob was a wheat and REPORTS OF COMMITTEES By Ms. KLOBUCHAR (for herself and milo farmer who worked part time at The following reports of committees Mr. DAINES): S. 314. A bill to enhance consumer rights the Elkhart Phone Company until 1964, were submitted: relating to consumer report disputes by re- when he began his lifelong career in By Mr. BURR, from the Select Committee quiring provision of documentation provided communications. on Intelligence, without amendment: by consumers; to the Committee on Banking, In the 1970s, he purchased Elkhart S. Res. 48. An original resolution author- Housing, and Urban Affairs. Telephone Company and became the izing expenditures by the Select Committee By Mr. SULLIVAN (for himself, Ms. owner of Elkhart TV cable system. He on Intelligence. BALDWIN, Mr. BOOZMAN, Mr. COTTON, also served as president of the State of By Mr. HATCH, from the Committee on Fi- Mr. KING, Mr. MANCHIN, and Mr. Kansas Telephone Association and on nance, without amendment: TILLIS): S. Res. 52. An original resolution author- S. 315. A bill to direct the Secretary of the the board of directors at the izing expenditures by the Committee on Fi- Army to place in Arlington National Ceme- OPASTCO, Organization for the Pro- nance. tery a monument honoring the helicopter pi- motion and Advancement of Small lots and crewmembers who were killed while f Telephone Companies. He was a found- serving on active duty in the Armed Forces ing member of the organization’s Foun- INTRODUCTION OF BILLS AND during the Vietnam era, and for other pur- dation for Rural Education and Devel- JOINT RESOLUTIONS poses; to the Committee on Veterans’ Af- opment, which continues to help grad- fairs. The following bills and joint resolu- By Mr. HATCH (for himself and Mr. uating high school seniors succeed by tions were introduced, read the first BARRASSO): offering them academic scholarships. and second times by unanimous con- S. 316. A bill to amend the Mineral Leasing In 1986, Bob also began serving on the sent, and referred as indicated: Act to recognize the authority of States to regulate oil and gas operations and promote board of the U.S. Telecom Association. By Mr. ISAKSON (for himself, Mrs. American energy security, development, and His service to Elkhart and to Morton SHAHEEN, Mr. ALEXANDER, Mr. BAR- job creation, and for other purposes; to the County will not be forgotten—he was a RASSO, Mr. CARPER, Mr. ENZI, Mrs. Committee on Energy and Natural Re- city councilman, mayor, and county FISCHER, Ms. HASSAN, Mr. JOHNSON, sources. Mr. KAINE, Ms. KLOBUCHAR, Mr. commissioner for many years. He also By Mr. LANKFORD (for himself, Mrs. MCCAIN, Mr. PORTMAN, and Mr. WAR- worked as a local EMT for 13 years. He MCCASKILL, Mr. JOHNSON, Ms. NER): was an avid supporter of the county HEITKAMP, Mr. MCCAIN, Ms. HASSAN, S. 306. A bill to provide for a biennial budg- fair and always sought opportunities to Mr. PORTMAN, Mr. DAINES, and Mrs. et process and a biennial appropriations serve his city and his State. FISCHER): process and to enhance oversight and the S. 317. A bill to provide taxpayers with an Bob’s leadership abilities and desire performance of the Federal Government; to to help his community led him to a annual report disclosing the cost and per- the Committee on the Budget. formance of Government programs and areas number of roles advising members of By Mrs. ERNST (for herself, Mr. COONS, of duplication among them, and for other the local and State levels of govern- Mrs. GILLIBRAND, and Mrs. FISCHER): purposes; to the Committee on Homeland Se- ment, joining the Kansas Supreme S. 307. A bill to enhance the database of curity and Governmental Affairs. Court Blue Ribbon Commission, help- emergency response capabilities of the De- By Ms. KLOBUCHAR (for herself and partment of Defense; to the Committee on ing to found WEKANDO, Western Kan- Ms. MURKOWSKI): Armed Services. S. 318. A bill to amend the Omnibus Crime sas County Commissioners Organiza- By Mr. GRASSLEY (for himself and tion, participating in the Kansas 911 Control and Safe Streets Act of 1968 to en- Mr. BLUMENTHAL): hance the COPS ON THE BEAT grant pro- Coordinating Council, and serving as S. 308. A bill to amend title XI of the So- gram, and for other purposes; to the Com- president of the State of Kansas Legis- cial Security Act to require applicable man- mittee on the Judiciary. lative Policy Group. ufacturers to include information regarding By Ms. KLOBUCHAR (for herself, Mr. He loved his cow-calf operation and payments made to physician assistants, TILLIS, Mr. BOOKER, Mr. ROUNDS, Mr. worked hard to keep his cattle well fed. nurse practitioners, and other advance prac- FRANKEN, Ms. BALDWIN, Mrs. GILLI- He was an active member of the Hill- tice nurses in transparency reports sub- BRAND, and Mr. BROWN): crest Baptist Church community and mitted under section 1128G of such Act; to S. 319. A bill to amend title 38, United the Committee on Finance. States Code, to direct the Secretary of Vet- gave his time during his younger years By Mr. GRASSLEY (for himself and erans Affairs to establish within the Depart- as a Sunday School teacher, nursery Mr. CARDIN): ment of Veterans Affairs a center of excel- worker, school superintendent, and S. 309. A bill to establish a Community- lence in the prevention, diagnosis, mitiga- deacon. Based Institutional Special Needs Plan dem- tion, treatment, and rehabilitation of health

VerDate Sep 11 2014 05:48 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.074 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S746 CONGRESSIONAL RECORD — SENATE February 6, 2017 conditions relating to exposure to burn pits; chives, to require the expeditious pub- RUBIO) was added as a cosponsor of S. to the Committee on Veterans’ Affairs. lic transmission to the Archivist and 301, a bill to amend the Public Health By Mr. DAINES (for himself and Mr. public disclosure of Missing Armed Service Act to prohibit governmental BOOKER): Forces Personnel records, and for other discrimination against providers of S. 320. A bill to require the Federal Avia- tion Administration to establish annual per- purposes. health services that are not involved in formance objectives and to hold the Chief S. 223 abortion. NextGen Officer accountable for meeting At the request of Ms. COLLINS, the S.J. RES. 1 such objectives; to the Committee on Com- name of the Senator from Georgia (Mr. At the request of Mr. BOOZMAN, the merce, Science, and Transportation. PERDUE) was added as a cosponsor of S. name of the Senator from Illinois (Mr. f 223, a bill to provide immunity from DURBIN) was added as a cosponsor of suit for certain individuals who dis- S.J. Res. 1, a joint resolution approving SUBMISSION OF CONCURRENT AND close potential examples of financial the location of a memorial to com- SENATE RESOLUTIONS exploitation of senior citizens, and for memorate and honor the members of The following concurrent resolutions other purposes. the Armed Forces who served on active and Senate resolutions were read, and S. 224 duty in support of Operation Desert referred (or acted upon), as indicated: At the request of Mr. RUBIO, the Storm or Operation Desert Shield. By Mr. BURR: name of the Senator from South Da- S.J. RES. 2 S. Res. 48. An original resolution author- kota (Mr. ROUNDS) was added as a co- At the request of Mr. CRUZ, the name izing expenditures by the Select Committee sponsor of S. 224, a bill to amend title of the Senator from Louisiana (Mr. on Intelligence; from the Select Committee 18, United States Code, to prohibit tak- KENNEDY) was added as a cosponsor of on Intelligence; to the Committee on Rules ing minors across State lines in cir- and Administration. S.J. Res. 2, a joint resolution proposing By Ms. COLLINS (for herself and Ms. cumvention of laws requiring the in- an amendment to the Constitution of KLOBUCHAR): volvement of parents in abortion deci- the United States relative to limiting S. Res. 49. A resolution declaring that sions. the number of terms that a Member of achieving the primary goal of the National S. 240 Congress may serve. Plan to Address Alzheimer’s Disease of the At the request of Mrs. FEINSTEIN, the S.J. RES. 19 Department of Health and Human Services name of the Senator from Missouri to prevent and effectively treat Alzheimer’s At the request of Mr. PERDUE, the (Mrs. MCCASKILL) was added as a co- disease by 2025 is an urgent national pri- name of the Senator from Louisiana ority; to the Committee on Health, Edu- sponsor of S. 240, a bill to nullify the (Mr. KENNEDY) was added as a cospon- cation, Labor, and Pensions. effect of the recent executive order sor of S.J. Res. 19, a joint resolution By Mr. CARDIN (for himself, Mr. ALEX- that temporarily restricted individuals providing for congressional disapproval ANDER, Mr. MARKEY, Mr. RUBIO, Mr. from certain countries from entering under chapter 8 of title 5, United DURBIN, Mrs. SHAHEEN, Mr. COONS, the United States. States Code, of the rule submitted by Mr. SCHATZ, Mr. BOOKER, and Mr. S. 247 the Bureau of Consumer Financial Pro- BLUNT): At the request of Ms. STABENOW, the S. Res. 50. A resolution reaffirming a tection relating to prepaid accounts strong commitment to the United States- name of the Senator from California under the Electronic Fund Transfer Australia alliance relationship; to the Com- (Mrs. FEINSTEIN) was added as a co- Act and the Truth in Lending Act. mittee on Foreign Relations. sponsor of S. 247, a bill to provide an S. CON. RES. 6 By Ms. HIRONO (for herself, Mr. incentive for businesses to bring jobs At the request of Mr. BARRASSO, the BROWN, Mr. CARDIN, Mr. VAN HOLLEN, back to America. name of the Senator from New Mexico Mr. BLUMENTHAL, Mr. BOOKER, Mr. S. 272 (Mr. UDALL) was added as a cosponsor MARKEY, Ms. WARREN, Mr. CARPER, At the request of Mr. SCHATZ, the of S. Con. Res. 6, a concurrent resolu- Mr. FRANKEN, Mrs. MURRAY, and Ms. name of the Senator from Illinois (Mr. CANTWELL): tion supporting the Local Radio Free- S. Res. 51. A resolution recognizing the DURBIN) was added as a cosponsor of S. dom Act. contributions of Federal employees and 272, a bill to enhance the security oper- S. RES. 38 ations of the Transportation Security pledging to oppose efforts to reduce Federal At the request of Ms. HIRONO, the workforce pay and benefits, eliminate civil Administration and the stability of the name of the Senator from Minnesota service employment protections, undermine transportation security workforce by (Mr. FRANKEN) was added as a cospon- collective bargaining, and increase the use of applying a unified personnel system non-Federal contractors for inherently gov- sor of S. Res. 38, a resolution recog- under title 5, United States Code, to nizing January 30, 2017, as ‘‘Fred ernmental activities; to the Committee on employees of the Transportation Secu- Homeland Security and Governmental Af- Korematsu Day of Civil Liberties and fairs. rity Administration who are respon- the Constitution’’. sible for screening passengers and prop- By Mr. HATCH: f S. Res. 52. An original resolution author- erty, and for other purposes. izing expenditures by the Committee on Fi- S. 274 STATEMENTS ON INTRODUCED nance; from the Committee on Finance; to At the request of Mrs. FEINSTEIN, the BILLS AND JOINT RESOLUTIONS the Committee on Rules and Administration. name of the Senator from Missouri By Mr. DAINES (for himself and f (Mrs. MCCASKILL) was added as a co- Mr. BOOKER): sponsor of S. 274, a bill to nullify the ADDITIONAL COSPONSORS S. 320. A bill to require the Federal effect of the recent executive order Aviation Administration to establish S. 26 that temporarily restricted individuals annual performance objectives and to At the request of Mr. WYDEN, the from certain countries from entering hold the Chief NextGen Officer ac- name of the Senator from New Jersey the United States. countable for meeting such objectives; (Mr. MENENDEZ) was added as a cospon- S. 291 to the Committee on Commerce, sor of S. 26, a bill to amend the Ethics At the request of Mr. WARNER, the Science, and Transportation. in Government Act of 1978 to require names of the Senator from Massachu- Mr. DAINES. Mr. President, in 2003, the disclosure of certain tax returns by setts (Ms. WARREN) and the Senator Congress mandated the Next Genera- Presidents and certain candidates for from Michigan (Ms. STABENOW) were tion Air Transportation System known the office of the President, and for added as cosponsors of S. 291, a bill to as NextGen, transitioning our radar- other purposes. amend the National Security Act of based system with radio communica- S. 120 1947 to modify the requirements for tion to a satellite-based one, to in- At the request of Mr. HELLER, the membership in the National Security crease safety and efficiency. NextGen name of the Senator from Idaho (Mr. Council and cabinet-level policy forum, deployment has been bogged with CRAPO) was added as a cosponsor of S. and for other purposes. delays and cost overruns, highlighted 120, a bill to provide for the creation of S. 301 by Government Accountability Office the Missing Armed Forces Personnel At the request of Mr. LANKFORD, the reports. Final implementation is to be Records Collection at the National Ar- name of the Senator from Florida (Mr. completed by 2025. This legislation

VerDate Sep 11 2014 05:48 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.014 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 6, 2017 CONGRESSIONAL RECORD — SENATE S747 would simply create measurable annual the Committee on Rules and Adminis- (b) AGENCY CONTRIBUTIONS.—There are au- performance goals and hold Federal of- tration: thorized to be paid from the appropriations ficials accountable to meeting these S. RES. 48 account for ‘‘Expenses of Inquiries and Inves- goals through the remainder of imple- Resolved, tigations’’ of the Senate such sums as may mentation. SECTION 1. GENERAL AUTHORITY. be necessary for agency contributions re- I want to thank Senator Booker for In carrying out its powers, duties, and lated to the compensation of employees of functions under S. Res. 400, agreed to May 19, the committee— being an original cosponsor of this bill, 1976 (94th Congress), as amended by S. Res. and I ask my other Senate colleagues (1) for the period March 1, 2017, through 445, agreed to October 9, 2004 (108th Con- September 30, 2017; to join us in support of this legislation. gress), in accordance with its jurisdiction (2) for the period October 1, 2017, through Mr. President, I ask unanimous con- under sections 3(a) and 17 of such S. Res. 400, September 30, 2018; and sent that the text of the bill be printed including holding hearings, reporting such (3) for the period October 1, 2018, through in the RECORD. hearings, and making investigations as au- February 28, 2019. S. 320 thorized by section 5 of such S. Res. 400, the Select Committee on Intelligence (in this f Be it enacted by the Senate and House of Rep- resolution referred to as the ‘‘committee’’) is resentatives of the United States of America in authorized from March 1, 2017, through Feb- Congress assembled, ruary 28, 2019, in its discretion, to— SENATE RESOLUTION 49—DECLAR- SECTION 1. SHORT TITLE. (1) make expenditures from the contingent ING THAT ACHIEVING THE PRI- This Act may be cited as the ‘‘NextGen Ac- fund of the Senate; MARY GOAL OF THE NATIONAL countability Act’’. (2) employ personnel; and PLAN TO ADDRESS ALZHEIMER’S SEC. 2. NEXTGEN ANNUAL PERFORMANCE (3) with the prior consent of the Govern- DISEASE OF THE DEPARTMENT GOALS. ment department or agency concerned and Section 214 of the FAA Modernization and the Committee on Rules and Administration, OF HEALTH AND HUMAN SERV- Reform Act of 2012 (Public Law 112–95; 49 use on a reimbursable or nonreimbursable ICES TO PREVENT AND EFFEC- U.S.C. 40101 note) is amended— basis the services of personnel of any such TIVELY TREAT ALZHEIMER’S (1) by redesignating subsection (d) as sub- department or agency. DISEASE BY 2025 IS AN URGENT section (e); and SEC. 2. EXPENSES. NATIONAL PRIORITY (2) by inserting after subsection (c) the fol- (a) EXPENSES FOR PERIOD ENDING SEP- lowing: TEMBER 30, 2017.—The expenses of the com- Ms. COLLINS (for herself and Ms. ‘‘(d) ANNUAL PERFORMANCE GOALS.—The mittee for the period March 1, 2017, through Administrator shall establish annual KLOBUCHAR) submitted the following September 30, 2017, under this resolution resolution; which was referred to the NextGen performance goals for each of the shall not exceed $3,217,448, of which amount performance metrics set forth in subsection not to exceed $10,000 may be expended for the Committee on Health, Education, (a) to meet the performance metric baselines procurement of the services of individual Labor, and Pensions: identified under subsection (b). Such goals consultants, or organizations thereof (as au- S. RES. 49 shall be established in consultation with thorized by section 202(i) of the Legislative public and private NextGen stakeholders, in- Reorganization Act of 1946 (2 U.S.C. 4301(i))). Whereas the number of individuals in the cluding the NextGen Advisory Committee.’’. (b) EXPENSES FOR FISCAL YEAR 2018 PE- United States with Alzheimer’s and related SEC. 3. NEXTGEN METRICS REPORT. RIOD.—The expenses of the committee for the dementias (referred to in this preamble as Section 710(e)(2) of the Vision 100—Century period October 1, 2017, through September 30, ‘‘Alzheimer’s’’) is as high as 5,400,000, which of Aviation Reauthorization Act (Public Law 2018, under this section shall not exceed is more than double the number in 1980; 108–176; 49 U.S.C. 40101 note) is amended— $5,515,626, of which amount not to exceed Whereas based on the trajectory of Alz- (1) in subparagraph (D), by striking ‘‘and’’ $17,144 may be expended for the procurement heimer’s, as many as 16,000,000 individuals in at the end; of the services of individual consultants, or the United States may have Alzheimer’s by (2) in subparagraph (E), by striking the pe- organizations thereof (as authorized by sec- 2050; riod at the end and inserting ‘‘; and’’; and tion 202(i) of the Legislative Reorganization Whereas the increasing prevalence of Alz- (3) by adding at the end the following: Act of 1946 (2 U.S.C. 4301(i))). heimer’s and other dementias is a global (c) EXPENSES FOR PERIOD ENDING FEBRUARY ‘‘(F) a description of the progress made in health crisis that afflicts an estimated 28, 2019.—The expenses of the committee for meeting the annual NextGen performance 46,780,000 individuals worldwide as of August, the period October 1, 2018, through February goals relative to the performance metrics es- 2015 and may afflict more than 131,000,000 in- 28, 2019, under this resolution shall not ex- dividuals by 2050; tablished under section 214 of the FAA Mod- ceed $2,298,177, of which amount not to ex- Whereas Alzheimer’s is a leading cause of ernization and Reform Act of 2012 (Public ceed $7,143.00 may be expended for the pro- Law 112–95; 49 U.S.C. 40101 note).’’. curement of the services of individual con- death in the United States with data indi- SEC. 4. CHIEF NEXTGEN OFFICER. sultants, or organizations thereof (as author- cating that more than 500,000 deaths each Section 106(s) of title 49, United States ized by section 202(i) of the Legislative Reor- year are attributable to the disease; Code, is amended— ganization Act of 1946 (2 U.S.C. 4301(i))). Whereas Alzheimer’s is the only disease (1) in paragraph (2)(B), by adding at the SEC. 3. REPORTING LEGISLATION. among the top 10 causes of death in the end the following: ‘‘In evaluating the per- The committee shall report its findings, United States without an effective means to formance of the Chief NextGen Officer for together with such recommendations for leg- prevent, slow, or stop; the purpose of awarding a bonus under this islation as it deems advisable, to the Senate Whereas Alzheimer’s places an enormous subparagraph, the Administrator shall con- at the earliest practicable date, but not later financial strain on families, the health care sider the progress toward meeting the than February 28, 2019. system, and State and Federal budgets; NextGen performance goals established pur- SEC. 4. EXPENSES AND AGENCY CONTRIBUTIONS. Whereas the Medicare program under title suant to section 214(d) of the FAA Mod- (a) EXPENSES OF THE COMMITTEE.— XVIII of the Social Security Act (42 U.S.C. ernization and Reform Act of 2012 (Public (1) IN GENERAL.—Except as provided in 1395 et seq.) and the Medicaid program under Law 112–95; 49 U.S.C. 40101 note)’’; and paragraph (2), expenses of the committee title XIX of the Social Security Act (42 (2) in paragraph (3), by adding at the end under this resolution shall be paid from the U.S.C. 1396 et seq.) are estimated to bear the following: ‘‘The annual performance contingent fund of the Senate upon vouchers more than two-thirds of the total costs of goals set forth in the agreement shall in- approved by the chairman of the committee. this care in 2016; clude quantifiable NextGen airspace per- (2) VOUCHERS NOT REQUIRED.—Vouchers Whereas a RAND Corporation study pub- formance objectives regarding efficiency, shall not be required for— lished in 2013 and commissioned by the Na- productivity, capacity, and safety, which (A) the disbursement of salaries of employ- tional Institute on Aging found that Alz- shall be established in consultation with ees paid at an annual rate; heimer’s is the costliest disease in the public and private NextGen stakeholders, in- (B) the payment of telecommunications United States, costing more than cancer and cluding the NextGen Advisory Committee.’’. provided by the Office of the Sergeant at heart disease; f Arms and Doorkeeper; Whereas in 2015, an estimated 15,800,000 (C) the payment of stationery supplies pur- family members and friends of individuals SUBMITTED RESOLUTIONS chased through the Keeper of the Stationery; with Alzheimer’s provided those individuals (D) payments to the Postmaster of the with 18,100,000,000 hours of unpaid care, an Senate; amount valued at more than $221,300,000; SENATE RESOLUTION 48—AUTHOR- (E) the payment of metered charges on Whereas Alzheimer’s disease has a dis- IZING EXPENDITURES BY THE copying equipment provided by the Office of proportionate impact on many populations SELECT COMMITTEE ON INTEL- the Sergeant at Arms and Doorkeeper; including women, African Americans, and LIGENCE (F) the payment of Senate Recording and Latinos; Photographic Services; or Whereas the global cost of Alzheimer’s ex- Mr. BURR submitted the following (G) the payment of franked and mass mail ceeds $818,000,000,000 each year, an amount resolution; from the Select Committee costs by the Sergeant at Arms and Door- equal to approximately 1 percent of the on Intelligence; which was referred to keeper. world’s gross domestic product;

VerDate Sep 11 2014 06:41 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.018 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S748 CONGRESSIONAL RECORD — SENATE February 6, 2017 Whereas in December 2013, the G-8 nations $2,000,000,000 each year on Alzheimer’s re- to Australia and nearly 9,000 Australian met and adopted a political declaration sup- search. companies sell or operate in the United porting the goal of a cure or disease-modi- f States; fying therapy for dementia by 2025 as well as Whereas the United States and Australia collectively and significantly increasing re- SENATE RESOLUTION 50—RE- work closely in the numerous global and resources committed to dementia research; AFFIRMING A STRONG COMMIT- gional fora, including the World Trade Orga- Whereas Alzheimer’s takes an emotional MENT TO THE UNITED STATES- nization and the Asia-Pacific Economic Co- and physical toll on caregivers that results AUSTRALIA ALLIANCE RELA- operation forum; in a higher incidence of chronic conditions, TIONSHIP Whereas Australia shares many of the such as heart disease, cancer, and depression United States’ concerns in the struggle among caregivers; Mr. CARDIN (for himself, Mr. ALEX- against Islamist militancy in Southeast Asia Whereas the National Plan to Address Alz- ANDER, Mr. MARKEY, Mr. RUBIO, Mr. and beyond, and is part of the global coali- heimer’s Disease of the Department of DURBIN, Mrs. SHAHEEN, Mr. COONS, Mr. tion to defeat the ‘‘so-called Islamic State Health and Human Services makes rec- SCHATZ, Mr. BOOKER, and Mr. BLUNT) (IS)’’; and ommendations relating to family caregivers submitted the following resolution; Whereas the United States and Australia of individuals with Alzheimer’s to provide have enjoyed a close relationship over many care while maintaining personal health and which was referred to the Committee successive Republican and Democratic ad- well-being; on Foreign Relations: ministrations: Now, therefore, be it Whereas the National Plan to Address Alz- S. RES. 50 Resolved, That the Senate— heimer’s Disease supports informal care- Whereas Australia is a fellow democracy (1) reaffirms the strong alliance relation- givers by— and vital partner of the United States; ship between Australia and the United (1) identifying the support needs of care- Whereas the United States and Australia States; givers; (2) supports continued diplomatic, mili- (2) developing and disseminating modes for share core values as well as deep cultural, security, and people-to-people ties; tary, and economic cooperation between intervention; Australia and the United States; and (3) providing information that caregivers Whereas Australia has been a treaty ally of (3) reaffirms the importance of a United need, particularly in crisis situations; and the United States since the signing of the (4) assisting caregivers in maintaining per- Australia-New Zealand-United States States-Australia relationship based on mu- sonal health and well-being; (ANZUS) Treaty in 1951; tual respect and befitting a close and long- Whereas a strong and sustained research Whereas an alliance bond is a sacred vow of standing United States alliance partner cru- effort is the best tool to slow the progression friendship and trust, and Australia has al- cial to the preservation of United States na- and ultimately prevent the onset of Alz- ways been a faithful and reliable partner to tional interests in the Indo-Asia Pacific re- heimer’s; the United States; gion and around the world. Whereas while the cost to the Medicare Whereas United States-Australia defense Mr. ALEXANDER. Mr. President, to- and Medicaid programs of caring for individ- and intelligence ties and cooperation are ex- night the Senator from Maryland, Mr. uals with Alzheimer’s is estimated to be ceptionally close, and Australian forces have CARDIN, and I and a bipartisan group of $160,000,000,000 in 2016, the United States, fought together with the United States mili- U.S. Senators, have submitted a resolu- through the National Institutes of Health, tary in every significant conflict since World tion reaffirming the strong alliance be- War I and over 100,000 Australian service will spend about $991,000,000 on Alzheimer’s tween the United States and Australia. research in 2016; members have paid the highest price in the Whereas the Chairman of the Advisory course of their service alongside United I wish to speak about that for a few Council on Alzheimer’s Research, Care, and States allies; minutes. Services created by the National Alzheimer’s Whereas Australia was one of the first I don’t know what happened during Project Act (42 U.S.C. 11225) has testified be- countries to commit troops to United States last week’s telephone call between the fore Congress that the United States must military operations in Afghanistan and Iraq President of the United States and the devote at least $2,000,000,000 each year to Alz- after September 11, 2001; Prime Minister of Australia, but I do heimer’s research to reach the goal of pre- Whereas Australia is a close partner of the know this: The people of the United United States, sharing information essential venting and effectively treating Alzheimer’s States do not have better friends than by 2025; and to the defense and security of the two coun- Whereas the public members of the Advi- tries, including through the Five Eyes intel- the people of Australia. sory Council on Alzheimer’s Research, Care, ligence community; We are more than friends. As one and Services unanimously agree with the Whereas the United States-Australia alli- Australian told me when our family testimony of the Chairman regarding the ance is an anchor for peace and stability in lived there thirty years ago, ‘‘Well, amount of money required to reach the goal the Indo-Asia Pacific region and around the we’re mates all right. The English may for 2025: Now, therefore, be it world; be our ancestors but you Americans Resolved, That the Senate— Whereas, United States and Australia are our cousins. First cousins. We (1) is committed to strengthening the qual- signed the U.S.-Australia Force Posture ity of care and expanding support for individ- Agreement at the annual Australia-United started out the same kind of people. uals with Alzheimer’s disease and related de- States Ministerial consultations (AUSMIN) Underprivileged, a long way from mentias (referred to in this resolution as in August 2014, paving the way for even clos- home, doing the same kind of thing, ‘‘Alzheimer’s’’) and family caregivers of indi- er defense and security cooperation; looking for a new life. Found a hard viduals with Alzheimer’s; Whereas, on October 2015, United States life. Hoped it would be a better one for (2) declares that achieving the primary and Australia defense agencies signed a our children. Each wave of new ones goal of the National Plan to Address Alz- Joint Statement on Defense Cooperation to lifted up the last ones. A pioneering heimer’s Disease to prevent and effectively serve as a guide for future cooperation; spirit in the countryside here. In Amer- treat Alzheimer’s by 2025 is an urgent na- Whereas Australia has welcomed proposals tional priority; to reposition United States Marines to main- ica, too.’’ (3) recognizes that bold action and consid- tain Marine forces in the western Pacific and Even though they live down under on erable increases in funding are necessary to improve the United States strategic posture the other side of the world, for a cen- meet that goal; in the Indo-Asia Pacific region; tury Australians have stood with us (4) encourages greater collaboration be- Whereas Australia has led peacekeeping ef- every time we are at war, and we have tween the United States and other global forts in the Indo-Asia Pacific, including in stood with them. During World War II, governments, particularly the G-7 nations, Timor-Leste and the Solomon Islands; when Australian troops were fighting to advance a global Alzheimer’s and demen- Whereas Australia and the United States in North Africa and Europe, and the tia research plan; share strategic interests in the Indo-Asia Pa- (5) supports innovative public-private part- cific region and globally, and have worked Japanese were bombing Darwin four nership and the pursuit of innovative financ- together to promote these shared goals and times a day, the United States came to ing tools, incentives and other mechanisms objectives; the rescue. In 1992, Dick Cheney and I, to accelerate the pursuit of disease-modi- Whereas the United States and Australia as members of President George H.W. fying therapies; and have been free trade agreement partners Bush’s Cabinet, traveled to Australia (6) strives to— since 2005, and the United States has a posi- to celebrate the 50th anniversary of the (A) double the amount of funding the tive trade balance with Australia; Battle of the Coral Sea, when the U.S. United States spends on Alzheimer’s re- Whereas robust United States-Australia Navy stopped Japan’s advance. Today, search in fiscal year 2017; and defense cooperation contributes not only to (B) develop a plan for fiscal years 2018 the mutual defense of the two countries but no two countries trust one another and through 2021 to meet the target of the Advi- also to American jobs; cooperate in security arrangements sory Council on Alzheimer’s Research, Care, Whereas more than 300,000 United States more than Australia and America. We and Services for the United States to spend jobs are supported by United States exports trade, we visit one another, and our

VerDate Sep 11 2014 05:48 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.025 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 6, 2017 CONGRESSIONAL RECORD — SENATE S749 students study in each other’s univer- they’ve got a chip on their shoulder. It’s the hopping in the streets and crocs in the swim- sities. convict thing—you know they came from ming pools and abos behind the fences.’’ His Thirty years ago, our family lived an convicts. It’s the darndest thing I’ve ever short-cropped hair and narrow tie and inno- American dream and we moved to Aus- gotten myself into. I’ve been here four years cent eagerness would have made him a per- and now I’ve got a superiority complex.’’ fect candidate for the role of father in a 1950s tralia. We arrived on Australia Day, The taxi paused at the entrance to the har- American family television series. January 26, 1987, 199 years after the bor bridge, but no one was waiting to take His plumpish wife agreed. ‘‘Most Ameri- first fleet of English settlers sailed into the toll. I had read in the morning Herald cans can’t find Australia on the map, and Sydney Harbor. After 8 years of swiv- how toll-takers were striking in support of even when they do you always have to prove eling in the Governor’s chair, on the the postal workers, who had stopped car- to them that it’s as bi as the United States.’’ very day I was sworn out of office, my rying mail while they bargained for a pay in- Her husband laughed. ‘‘One bloke coming wife Honey and I and our four children crease. We sped on across without paying to the America’s Cup almost went back when and the genealogy lesson continued. ‘‘Master flew to Sydney for Six Months Off in he found out Perth is as far from Sydney as the little quirks of living here and you know L.A. is from New York.’’ the ‘‘Land Down Under.’’ It was my it’s not a bad place, but the Aussies still A tanned young blond woman, sitting be- wife’s idea: an opportunity for a re- need convincing of the fact. They’ll find tween the car dealer and me, said, ‘‘I was treat from the merry-go-round of their own identity one day. Then they won’t skiing in Denver once, was on the lift, and an power and to discover what really was have to come on so strong. Over the years American man was in the next seat and he important. England ruled a bit too heavily here, but the was trying to come on to me, and so he asks We rented a home in view of the most Aussies are their own people now. They don’t me, ‘In Australia it’s summer, isn’t it?,’ and have to always prove themselves to anybody, I say ‘Right.’ And then in a minute he says, beautiful harbor in the world, bought but they do.’’ an Australian car, and I learned to ‘And what month is it in Australia?’’’ The Grand Ballroom of the Sheraton Went- The Australians especially enjoyed that, drive on the wrong side of the road. worth Hotel was crowded with guests, black- which encouraged the blonde, who turned to Our four children walked to Australian tied and long-gowned for the Australian- me and asked, ‘‘How do you like Australia?’’ schools, and we all sank deeply into American Bicentennial Dinner. Honey and I She asked this in the same worried way Cali- the culture of America’s favorite cous- found our places and introduced ourselves fornians used to question visiting New York- ins. I attended Chester A. Arthur Soci- and found that the other ten who were dining ers. with us at large round table number 27 were I said, ‘‘It’s beautiful and friendly, but ety meetings, where Australian Par- all Australian. We sat down and then were liament members competed to show what surprises me is how much like America immediately invited to rise so that the it is. Sometimes I think I’m at a family on that they know more about American American ambassador could toast the queen another planet.’’ history than United States Senators of Australia. The governor-general of Aus- The blonde said, ‘‘It is another planet, or- do. We spent the night in the South tralia responded with a toast to the presi- biting in sight of the big ones but never to be Wales bush. We saw 9-foot crocodiles in dent of the United States, and we sat again. one.’’ ‘‘He is the only man in Australia for whom the Northwest Territory. We traveled The plumpish wife of the car dealer agreed. everyone will always stand,’’ explained the ‘‘We always seem to be missing something.’’ by train to see the Melbourne Zoo and lady on my right, as the governor-general took a horseback trip across the Snowy I said, ‘‘But, for an American, coming to began speaking so gently that the raucous Australia is almost better than going home Mountains. It didn’t take long for us to table talk in the ballroom quieted. again. When you try to go home again it’s a ‘‘It is a happy accident of fate that the understand what Mark Twain meant disappointment. It’s only nearly perfect. But Constitution of the United States was being when he wrote: ‘‘When a stranger from when you come to Australia it’s such a signed in 1787 just as our first fleet was sail- America steps ashore in Sydney . . . pleasant surprise how nearly perfect it is.’’ ing eastward across the Atlantic from Rio to The car dealer said, ‘‘I reckon everyone in the thing that strikes him is that it is Cape Town on the third leg of its ten-months America must have heard about your family an English City with American trim- long voyage. The fleet carried a cargo of con- reunion. Three hundred thousand of ’em mings.’’ victs who would have been on their way to We made friends then that exist to Georgia had not the American Revolution coming this year. That’s what the telly succeeded and denied the British the oppor- said.’’ this day. Last year, four of those The lady in the white dress and earrings on tunity to send their prisoners to America.’’ friends, the Australian Foreign Min- my right asked, ‘‘Isn’t Australia just the fla- ister Bob Carr and the Australian Am- The lady on my right, who wore a white dress and dangling gold earrings, whispered, vor-of-the-month in America? Couldn’t we bassador to the United States Kim ‘‘It’s the ’in’ thing now, you know, to trace just as well be Timbuktu?’’ Beazley and their wives, spent the back to see if your ancestors were on the ‘‘It’s more than that,’’ her thin and red- weekend with us at our home outside first fleet. A lot of people have always known faced husband said. He was a member of Par- the Great Smoky Mountains in Ten- they were descended from lawbreakers, but liament. nessee. We cherish those friendships very few had been willing to spend money to Honey, who was sitting on the right of the prove it.’’ member of Parliament, suggested, ‘‘Some and our country’s relationship with Americans come here looking for ‘The Amer- Australia. It is always appropriate for The governor-general was proceeding toward a triumphant conclusion. ‘‘The links ica that Was.’ ’’ the U.S. Senate to reaffirm the impor- between our two nations have evolved from The M.P. said, ‘‘Some of us hope America tance of that relationship, and I am earliest times. Out pioneers, like yours, were is the ‘‘Australia the Might Be.’ ’’ glad to join Senator CARDIN and a long as unlikely a band as one could conceive. The car dealer leaned across the table and list of bipartisan U.S. Senators to do Your gold rush spilled into ours. Our con- said to them, ‘‘And you’ll both be dis- that again today. stitution has been built on yours. Our sol- appointed. Australia’s the land of bushmen To offer a more complete under- diers have died together and we have shared and sheepshearers and croc hunters in about the same way America’s the land of standing of what makes the Aus- freedoms of speech and of associations and of laws and of humanities and of civil lib- Hopalong Cassidy and the cowboys.’’ tralians our favorite cousins, I ask erties—and now both of us are a melting pot. His plumpish wife supported him. ‘‘Croco- unanimous consent to have printed in We read your prose, we speak your poetry dile Dundee’s a fairy tale, isn’t that right? the RECORD chapter 30 from my book and watch your plays and films. We even And America’s not really like Miami Vice.’’ ‘‘Six Months Off,’’ written after our watch your terrible TV dramas!’’ She didn’t seem entirely sure. time in Australia. Applause and generous expressions of affec- I said, ‘‘Sometimes we don’t know so much There being no objection, the mate- tion erupted all around, and the governor- about ourselves. Sometimes we’re visitors in rial was ordered to be printed in the general smiled, cautiously retreated, and our own countries.’’ sat, and Dame Leonie Kramer of the Univer- Waiters arrived with plates of an Aus- RECORD, as follows: sity of Sydney rose and strode to the micro- tralian dessert called a Pavlova—whipped CHAPTER 30—FIRST COUSINS phone and spoke bluntly. cream and fresh papaya in meringue shell— ‘‘When a stranger from America steps ‘‘We are profoundly interested in one an- and exclamations over its fluffiness only ashore in Sydney . . . the thing that strikes other, but we are more profoundly ignorant. temporarily diminished the conversation. him is that it is an English city with Amer- Americans, for example, are enchanted that ‘‘Well, we’re mates, all right.’’ The car ican trimmings.’’—Mark Twain, Following this is the land of the crocodiles but they dealer could not tolerate a lull. ‘‘The English the Equator don’t seem to have enough sense to stay out may be our ancestors, but you Americans are You would have thought the Sydney taxi of the water when they are here.’’ our cousins’’. driver, who was English, was speaking of his Dame Leonie Kramer then sat, and our ‘‘First cousins,’’ said the thin, red-faced barely grown-up stepchildren. table plunged into grilled fresh fish and member of Parliament, whom I sensed cor- ‘‘They hate the English, the Australians. boiled asparagus tips and hot conversation. rectly was preparing to make a statement. Why? Because they realize we’re superior. The car dealer on my left said, ‘‘When I ‘‘We started out the same kind of people, un- Minute they find out you’re from England was in America, they thought we had roos derprivileged, a long way from home, doing

VerDate Sep 11 2014 06:41 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.072 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S750 CONGRESSIONAL RECORD — SENATE February 6, 2017 the same sort of thing, looking for a new life. I said, ‘‘You see that on flights to Tokyo. ‘Let them have Australia. We’ll win it back.’ Found a hard life. Hoped it would be better The same Qantas crews going up on Monday Our boys were on the other side, fighting in for the children. Each wave of new ones lift- and coming back on Thursday. And last North Africa and in Europe and the Japanese ed up the last ones. A pioneering spirit in the month the Bridgestone Tire Company presi- were bombing Darwin four times a day. The countryside here. In America, too.’’ dent told me his tire plants work three hun- Americans saved us.’’ ‘‘I love America!’’ exclaimed the wife of dred forty-five days in Japan and America, His wife, who was finishing off his mints, the Australian bicentennial chairman who and the Bridgestone plant in Adelaide works too, agreed. ‘‘Two Christmases ago there was sitting across the table. Her cheerful only two hundred ten.’’ were ten thousand American sailors in Perth face had been hidden behind an enormous The plywood man looked positively fune- and some family took every one of ‘em home centerpiece of flowers. ‘‘When they sing ‘New real. ‘‘We’re unusual, all right. We pay dou- for the holidays.’’ York, New York’ I get excited with the best ble time for afternoon work, for overtime, The lights dimmed and the official bicen- of ’em. It’s our second home. It opens your for vacation. We pay for days off on a butch- tennial film began. Trumpets heralded the eyes a bit, doesn’t it, to get out of your own ers’ picnic and a bakers’ picnic—everybody arrival of the first fleet of ‘‘settlers’’ on Aus- country.’’ has a picnic and we pay for that. How are we tralia’s Identity Day, January 26, 1788, and ‘‘When you do, we look awfully small.’’ going to compete with the rest of the world violins moved the story quickly along into The speaker was a dour bald gentleman sit- when we’re on a picnic?’’ the nineteenth century, and then lingered ting next to her, who might have been sev- Now the men were enjoying long cigars and amid the excitement of the gold rush at Bal- enty, a plywood manufacturer who was rath- the ladies were doing their best to survive larat. I whispered to the wife of the member of er obstructed by the centerpiece. For the the haze, and my watch said the dinner had Parliament, ‘‘It didn’t mention that the ‘set- moment, he held the floor. ‘‘Our GNP is already lasted three hours. Honey said. ‘‘I see a lot of Japanese cars tlers’ were convicts.’’ about the size of the GNP of Los Angeles.’’ ‘‘No worries,’’ she said. ‘‘The first bicen- The blond woman said, ‘‘Australia’s a vil- and American fast foods, but I don’t hear much proper English. Is it because I’m Amer- tennial logo forgot Tasmania. Had to make a lage, same names always popping up.’’ new one. But it’s a good thing, our bicenten- The plywood man said, ‘‘Americans have ican and just don’t notice it?’’ nial. Helps us remember important things.’’ got a head start and size and location and ‘‘It’s because we’ve changed,’’ said a lady better education, and they have more self- across the table who up till now had been f mostly listening. ‘‘We moved here in 1978. We confidence.’’ SENATE RESOLUTION 51—RECOG- This resonated with the blond woman’s decided Sydney winters were better than male guest, whose name I never got in all English summers, so we sold our house in NIZING THE CONTRIBUTIONS OF the din and who now decided to talk to me. London. Then, Australians still spoke of FEDERAL EMPLOYEES AND ‘‘We follow America. You regulate the stock ‘going home’ to England. Now, no one talks PLEDGING TO OPPOSE EFFORTS market, so we do it, too. You change school about ‘going home.’ Australianness is com- TO REDUCE FEDERAL WORK- curriculum. We do it, too. Don’t think about ing out all round. We’re more American, too, FORCE PAY AND BENEFITS, it. Just do it.’’ but mainly we’re prouder of being Aus- ELIMINATE CIVIL SERVICE EM- ‘‘We’d have been better off to start with tralian.’’ PLOYMENT PROTECTIONS, UN- pilgrims and a revolution, instead of con- The wife of the member of Parliament said victs,’’ said the plywood manufacturer. to Honey, ‘‘Read our children’s books. I’ll DERMINE COLLECTIVE BAR- ‘‘We could have used an Alamo,’’ suggested send you some for your children. Instead of GAINING, AND INCREASE THE the car dealer. ‘‘We had Gallipoli,’’ said the stories about English hobgoblins, there are USE OF NON-FEDERAL CONTRAC- blonde’s friend. more about aborigine spirits and stories full TORS FOR INHERENTLY GOV- ‘‘Wouldn’t it have been nice to have some- of the sounds of frogs croaking and of the ERNMENTAL ACTIVITIES thing in the center besides a red desert?’’ didgeridoo, hostile and growling like the sighed the plywood man’s wife. bely of the earth.’’ Ms. HIRONO (for herself, Mr. BROWN, The last of the fluffy Pavlova had been Honey said, ‘‘The new Sheraton in Yulara Mr. CARDIN, Mr. VAN HOLLEN, Mr. scraped from the plates, and the coffee and was lovely, brown like the desert and built BLUMENTHAL, Mr. BOOKER, Mr. MAR- mints arrived. like sails.’’ KEY, Ms. WARREN, Mr. CARPER, Mr. The young blond woman suddenly turned The wife of the M.P. said, ‘‘Our FRANKEN, Mrs. MURRAY, and Ms. CANT- to me and insisted, ‘‘I reckon I ought to have Australianness came out all right when they WELL) submitted the following resolu- a quarter of a vote every time you elect a tried to kill the brumbies in the Snowy tion; which was referred to the Com- president. I should. After all, we sit here half Mountains. Put a stop to that.’’ our time waiting for American to do some- Honey said, ‘‘We’ve seen a lot of Australia mittee on Homeland Security and Gov- thing. Our prime minister can’t make a deal in David Williamson’s plays and Mary Gil- ernmental Affairs: with Gorbachev. No one’s wondering what more’s poetry and Ken Done’s bright splashy S. RES. 51 Australia’s trade policy will be. We have to painting . . .’’ Whereas Federal agencies are tasked with depend on you.’’ ‘‘. . . and Fred Elliot’s old marine water- the fundamental responsibility of serving to ‘‘We already do,’’ said the member of Par- colors even if he was drunk a lot,’’ I added. protect, promote, and preserve the rights liament. ‘‘Do what?’’ asked the blonde. The wife of the plywood manufacturer said, and interests of the people of the United ‘‘Depend on America. For defense. For ‘‘And I believe we’re learning that our harsh States; things we really enjoy. Ask any of our school vast spaces and distance from everyone Whereas the activities of the Federal Gov- kids. I’ve done it. ‘Where would you like to sometimes can be a wonderful advantage.’’ ernment encompass a broad range of activi- go on this planet?’ and nine out of ten say, Those were the first words she had uttered in ties, including— ‘Disneyland.’ The script for every Australian nearly two hours. (1) conducting and supporting military op- Tonight show was prepared by an American From behind the centerpiece of flowers erations; until recently.’’ came the cheerful contribution of the wife of (2) protecting the homeland, including The car dealer was saying to Honey, ‘‘We the bicentennial chairman. ‘‘Eight hundred transportation, communications, financial, never can have anything like the things that ten of our eight hundred thirty shires have and other systems; you have in America. There’re not enough of bicentennial committees.’’ (3) preserving and enhancing public health; us Aussies. Disneyland and interstate high- The member of Parliament added, ‘‘At (4) supporting the least fortunate; ways—things that are ordinary to you—are a least now we toast the queen of Australia in- (5) defending the rights and interests of in- wonder to us. Space stations. All the muse- stead of the empire.’’ His wife, on my right dividuals and consumers; ums in Washington, D.C.’’ with white dress and earrings, asked me, (6) enhancing and preserving the environ- ‘‘Another reason we can’t is what’s hap- ‘‘Have you tried the wichety grubs, the moth ment of the United States; and pening on Pitt Street,’’ intoned the plywood larvae the abos used to eat? They’re all the (7) promoting and facilitating commerce; manufacturer. rage. Large and crispy and in all the best Whereas, to achieve these objectives, many ‘‘The esplanade work?’’ restaurants.’’ Federal agencies conduct operations 24 hours ‘‘The lack of it. Did you hear the workers ‘‘No,’’ I said, ‘‘but I have been to the beach- per day, 7 days per week, and 365 days per complained about passersby harassing them es and I have thought about those convicts year; for leaning on their shovels? And that yes- who were laughing at the aborigines stand- Whereas, according to the Office of Per- terday the arbitration board awarded them a ing there sandy and naked and greasy. Now, sonnel Management, the Federal Govern- twenty-seven-cent wage increase because of the descendants of some of those first-fleet ment directly employs approximately the harassment!’’ convicts are on the same beaches, sandy and 2,100,000 individuals to carry out the func- The blond woman’s date said, ‘‘Watch them naked and greasy.’’ tions of the Federal Government; on MacQuarie Street, at the restoration, the The member of Parliament had arranged Whereas, in the past 50 years, the popu- workers smearing suntan oil. It would make himself into speaking position. ‘‘Remember. lation of the United States increased from a good frame for ‘still life.’ I watched them The English left us. We didn’t leave them. approximately 198,000,000 individuals to more from my club window yesterday at lunch.’’ They joined the Common Market. Gave us than 321,400,000 individuals, while the Fed- The car dealer said, ‘‘Sunday’s Herald said five years to adjust our exports.’’ eral workforce actually decreased from ap- United stewards works twice as much as This roused the car dealer, who said, ‘‘It proximately 2,200,000 employees to approxi- Qantas stewards.’’ goes back to the last war. Churchill said, mately 2,100,000 employees;

VerDate Sep 11 2014 05:48 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.029 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 6, 2017 CONGRESSIONAL RECORD — SENATE S751 Whereas the Federal Government functions (3) diminishes the ability of Federal em- of the Legislative Reorganization Act of most effectively, and the interest of the pub- ployee unions to effectively represent and 1946). lic is served, when the Federal Government protect the rights of employees; SEC. 3. The committee shall report its find- offers fair compensation, including pay, (4) reduces fundamental protections for ings, together with such recommendations health, retirement, and other benefits, to at- civil servants, including the right to due for legislation as it deems advisable, to the tract and retain qualified, diverse, and dedi- process; or Senate at the earliest practicable date, but cated Federal employees; (5) increases the use of non-governmental not later than February 28, 2017. Whereas, to ensure the integrity of the contractors to perform inherently govern- SEC. 4. Expenses of the committee under Federal civil service, it is essential that Fed- mental functions. this resolution shall be paid from the contin- eral employees have access to constitu- f gent fund of the Senate upon vouchers ap- tionally protected due process rights and the proved by the chairman of the committee, ability to bargain collectively; SENATE RESOLUTION 52—AUTHOR- except that vouchers shall not be required (1) Whereas full- or part-time Federal employ- IZING EXPENDITURES BY THE for the disbursement of salaries of employees ees should primarily be responsible for the COMMITTEE ON FINANCE paid at an annual rate, or (2) for the pay- activities and functions of the Federal Gov- Mr. HATCH submitted the following ment of telecommunications provided by the ernment; Office of the Sergeant at Arms and Door- resolution; from the Committee on Fi- Whereas the effective functioning of the keeper, United States Senate, or (3) for the Federal Government and the integrity of the nance; which was referred to the Com- payment of stationery supplies purchased civil service have been undermined by efforts mittee on Rules and Administration: through the Keeper of the Stationery, United to decrease pay and benefits and reduce S. RES. 52 States Senate, or (4) for payments to the rights with respect to due process and collec- Resolved, That, in carrying out its powers, Postmaster, United States Senate, or (5) for tive bargaining; duties, and functions under the Standing the payment of metered charges on copying Whereas, through these efforts, Federal Rules of the Senate, in accordance with its equipment provided by the Office of the Ser- employees have already contributed more jurisdiction under rule XXV of such rules, in- geant at Arms and Doorkeeper, United than $180,000,000,000 to the reduction of the cluding holding hearings, reporting such States Senate, or (6) for the payment of Sen- Federal deficit, primarily in the form of hearings, and making investigations as au- ate Recording and Photographic Services, or higher retirement contributions and fore- (7) for payment of franked and mass mail gone wages; thorized by paragraphs 1 and 8 of rule XXVI costs by the Sergeant at Arms and Door- Whereas reductions to pay and benefits, of the Standing Rules of the Senate, the keeper, United States Senate. the removal of collective bargaining rights, Committee on Finance is authorized from SEC. 5. There are authorized such sums as and the elimination or degradation of civil March 1, 2017, through September 30, 2017; may be necessary for agency contributions service due process rights would make it October 1, 2017, through September 30, 2018; related to the compensation of employees of harder for the Federal Government to at- and October 1, 2018, through February 28, the committee from March 1, 2017, through tract the best and brightest to public serv- 2019, in its discretion (1) to make expendi- September 30, 2017; October 1, 2017, through ice; tures from the contingent fund of the Sen- Whereas reinstatement of the ‘‘Holman ate, (2) to employ personnel, and (3) with the September 30, 2018; and October 1, 2018, Rule’’ by the House of Representatives as prior consent of the Government department through February 28, 2019, to be paid from part of the Resolution entitled ‘‘Resolution or agency concerned and the Committee on the Appropriations account for Expenses of adopting rules for the One Hundred Fifteenth Rules and Administration, to use on a reim- Inquiries and Investigations. Congress’’, approved January 3, 2017, pre- bursable or non-reimbursable basis the serv- f sents a direct threat to the employment and ices of personnel of any such department or compensation of Federal employees, will not agency. AUTHORITY FOR COMMITTEE TO result in substantial savings to the Federal SEC. 2a. The expenses of the committee for Government, and serves primarily to under- the period March 1, 2017, through September MEET mine the morale of the Federal workforce; 30, 2017, under this resolution shall not ex- Mr. MCCONNELL. Mr. President, I Whereas the Federal hiring freeze ordered ceed $4,710,670, of which amount (1) not to ex- have one request for a committee to ceed $17,500 may be expended for the procure- by the President on January 23, 2017, will im- meet during today’s session of the Sen- pact the ability of the Federal Government ment of the services of individual consult- to provide services across the United States, ants, or organizations thereof (as authorized ate. It has the approval of the Majority including the ability to process the payment by section 202(i) of the Legislative Reorga- and Minority leaders. of Social Security and other benefits and nization Act of 1946, as amended), and (2) not Pursuant to Rule XXVI, paragraph conduct workplace, food, and product safety to exceed $5,833 may be expended for the 5(a), of the Standing Rules of the Sen- inspections; and training of the professional staff of such ate, the following committee is author- Whereas it is in the interest of Congress committee (under procedures specified by ized to meet during today’s session of and the United States for the Federal Gov- section 202(j) of the Legislative Reorganiza- the Senate: ernment to be able to attract a diverse, dy- tion Act of 1946). namic, and dedicated workforce in order to (b) For the period October 1, 2017, through COMMITTEE ON FINANCE serve the people of the United States: Now, September 30, 2018, expenses of the com- The Committee on Finance is authorized therefore, be it mittee under this resolution shall not exceed to meet during the session of the Senate on Resolved, That the Senate will deny the $8,075,434, of which amount (1) not to exceed Monday, February 6, 2017, in S–216, the Presi- passage of any legislation, and challenge any $30,000 may be expended for the procurement dent’s Room of the U.S. Capitol, during a of the services of individual consultants, or action of the executive branch, that— vote on the Senate floor, currently expected (1) erodes fair compensation for Federal organizations thereof (as authorized by sec- to occur circa 6 p.m. employees, including by reducing wages, tion 202(i) of the Legislative Reorganization f unjustifiably raising health insurance pre- Act of 1946, as amended), and (2) not to ex- miums, and unnecessarily or irresponsibly ceed $10,000 may be expended for the training PRIVILEGES OF THE FLOOR reducing the overall Federal workforce, such of the professional staff of such committee as an appropriations bill passed by the House (under procedures specified by section 202(j) Mr. INHOFE. Mr. President, I ask of Representatives that contains a provision of the Legislative Reorganization Act of unanimous consent that my defense 1946). adopted by the House of Representatives fellow, Captain James Hart, be granted under section 3(a) of the Resolution entitled (c) For the period October 1, 2018, through floor privileges for the remainder of ‘‘Resolution adopting rules for the One Hun- February 28, 2019, expenses of the committee dred Fifteenth Congress’’, approved January under this resolution shall not exceed this calendar year. 3, 2017; $3,364,764, of which amount (1) not to exceed The PRESIDING OFFICER. Without (2) undermines the value of employee re- $12,500 may be expended for the procurement objection, it is so ordered. tirement programs, including by reducing of the services of individual consultants, or Mr. BOOKER. Mr. President, I ask earnings on retirement savings, unjustly in- organizations thereof (as authorized by sec- unanimous consent that the privileges tion 202(i) of the Legislative Reorganization creasing employee contribution levels, or of the floor be granted to the following seeking to transition fully to a private-sec- Act of 1946, as amended), and (2) not to ex- tor styled plan consisting solely of cash or ceed $4,166 may be expended for the training member of my staff: Erin Robinson. deferred arrangements described in section of the professional staff of such committee The PRESIDING OFFICER. Without 401(k) of the Internal Revenue Code of 1986; (under procedures specified by section 202(j) objection, it is so ordered.

VerDate Sep 11 2014 06:41 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.031 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S752 CONGRESSIONAL RECORD — SENATE February 6, 2017 FOREIGN TRAVEL FINANCIAL REPORTS In accordance with the appropriate provisions of law, the Secretary of the Senate herewith submits the following reports of standing committees of the Senate, certain joint committees of the Congress, delegations and groups, and select and special committees of the Senate, relating to expenses incurred in the performance of authorized foreign travel:

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON APPROPRIATIONS FOR TRAVEL FROM OCT. 1 TO DEC. 31, 2016

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Lamar Alexander: France ...... Euro ...... 1,693.00 ...... 1,693.00 Egypt ...... Pound ...... 534.00 ...... 534.00 Austria ...... Euro ...... 366.00 ...... 366.00 Sarah Fairchild: France ...... Euro ...... 1,693.00 ...... 1,693.00 Egypt ...... Pound ...... 534.00 ...... 534.00 Austria ...... Euro ...... 366.00 ...... 366.00 Patrick Magnuson: Korea ...... Won ...... 1,062.00 ...... 1,062.00 Japan ...... Yen ...... 1,403.00 ...... 1,403.00 United States ...... Dollar ...... 20,598.16 ...... 20,598.16 Michael Bain: Korea ...... Won ...... 1,062.00 ...... 1,062.00 Japan ...... Yen ...... 1,403.00 ...... 1,403.00 United States ...... Dollar ...... 19,111.56 ...... 19,111.56 Robert Henke: Korea ...... Won ...... 1,062.00 ...... 1,062.00 Japan ...... Yen ...... 1,403.00 ...... 1,403.00 United States ...... Dollar ...... 19,111.56 ...... 19,111.56 Carlisle Clarke: Cuba ...... CUC ...... 813.00 ...... 813.00 United States ...... Dollar ...... 469.00 ...... 469.00 Heideh Shahmoradi: Cuba ...... CUC ...... 813.00 ...... 813.00 United States ...... Dollar ...... 469.00 ...... 469.00 Jessica Schulken: Cuba ...... CUC ...... 813.00 ...... 813.00 United States ...... Dollar ...... 469.00 ...... 469.00 Laura Friedel: Cuba ...... CUC ...... 813.00 ...... 813.00 United States ...... Dollar ...... 469.00 ...... 469.00 Dianne Nellor: Cuba ...... CUC ...... 813.00 ...... 813.00 United States ...... Dollar ...... 469.00 ...... 469.00 Rachel Santos: Cuba ...... CUC ...... 813.00 ...... 813.00 United States ...... Dollar ...... 469.00 ...... 469.00 Patrick Carroll: Cuba ...... CUC ...... 813.00 ...... 813.00 United States ...... Dollar ...... 469.00 ...... 469.00 Paul Grove: Ukraine ...... Hryvnia ...... 1,487.41 ...... 195.50 ...... 1,682.91 United States ...... Dollar ...... 1,669.56 ...... 1,669.56 Tim Rieser: Switzerland ...... Franc ...... 2,210.00 ...... 2,210.00 United States ...... Dollar ...... 2,054.00 ...... 2,054.00 Jason Wheelock: Norway ...... Krone ...... 384.00 ...... 384.00 Finland ...... Euro ...... 310.80 ...... 310.80 United States ...... Dollar ...... 4,244.77 ...... 4,244.77 Paul Grove: Afghanistan ...... Afghani ...... 99.00 ...... 99.00 United Arab Emirates ...... Dirham ...... 453.00 ...... 453.00 United States ...... Dollar ...... 8,530.16 ...... 8,530.16 Jason Wheelock: Afghanistan ...... Afghani ...... 99.00 ...... 99.00 United Arab Emirates ...... Dirham ...... 453.00 ...... 453.00 United States ...... Dollar ...... 8,530.16 ...... 8,530.16 Adam Yezerski: Belarus ...... Ruble ...... 482.00 ...... 482.00 Moldova ...... Leu ...... 218.00 ...... 218.00 United States ...... Dollar ...... 4,896.66 ...... 4,896.66 * Delegation Expenses: United Arab Emirates ...... Dirham ...... 234.58 ...... 234.58 Japan ...... Yen ...... 3,023.84 ...... 3,023.84 Korea ...... Won ...... 827.50 ...... 369.43 ...... 1,196.93 Cuba ...... CUC ...... 2,592.00 ...... 2,592.00 France ...... Euro ...... 1,121.54 ...... 2,085.70 ...... 3,207.24 Egypt ...... Pound ...... 2,141.60 ...... 2,141.60 Ukraine ...... Hryvnia ...... 822.82 ...... 822.82 Belarus ...... Ruble ...... 95.60 ...... 95.60 Total ...... 24,468.21 ...... 99,789.97 ...... 5,749.73 ...... 130,007.91 * Delegation expenses include payments and reimbursements to the Department of State under authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Section 22 of P.L. 95–384, and S. Res. 179 agreed to May 25, 1977. SENATOR THAD COCHRAN, Chairman, Committee on Appropriations, Jan. 13, 2017.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES FOR TRAVEL FROM OCT. 1 TO DEC. 31, 2016

Ozge Guzelsu: United States ...... Dollar ...... 8,052.26 ...... 8,052.26 Vietnam ...... Dong ...... 932.45 ...... 932.45 Malaysia ...... Ringgit ...... 873.46 ...... 873.46 * Delegation Expenses: Vietnam ...... Dong ...... 300.00 ...... 300.00

VerDate Sep 11 2014 05:48 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00068 Fmt 0624 Sfmt 8634 E:\CR\FM\A06FE6.007 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 6, 2017 CONGRESSIONAL RECORD — SENATE S753 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES FOR TRAVEL FROM OCT. 1 TO DEC. 31, 2016—Continued

Malaysia ...... Ringgit ...... 277.05 ...... 277.05 Mariah McNamara: United States ...... Dollar ...... 20,367.60 ...... 20,367.60 Argentina ...... Peso ...... 607.42 ...... 607.42 Colombia ...... Peso ...... 897.09 ...... 897.09 * Delegation Expenses: Argentina ...... Peso ...... 437.36 ...... 437.36 Colombia ...... Peso ...... 154.33 ...... 154.33 Senator Deb Fischer: France ...... Euro ...... 1,400.91 ...... 1,400.91 Egypt ...... Pound ...... 416.07 ...... 416.07 Austria ...... Euro ...... 866.86 ...... 866.86 Joe Hack: France ...... Euro ...... 1,400.91 ...... 1,400.91 Egypt ...... Pound ...... 492.51 ...... 492.51 Austria ...... Euro ...... 926.89 ...... 926.89 * Delegation Expenses: France ...... Euro ...... 1,115.54 ...... 2,078.92 ...... 3,194.46 Egypt ...... Pound ...... 2,141.61 ...... 2,141.61 Austria ...... Euro ...... 1,864.46 ...... 725.06 ...... 2,589.52 William Greenwalt: United States ...... Dollar ...... 9,967.56 ...... 9,967.56 United Kingdom ...... Pound ...... 1,859.00 ...... 1,859.00 Cord Sterling: United States ...... Dollar ...... 9,967.56 ...... 9,967.56 United Kingdom ...... Pound ...... 1,910.00 ...... 1,910.00 Samantha Clark: United States ...... Dollar ...... 9,967.56 ...... 9,967.56 United Kingdom ...... Pound ...... 1,887.00 ...... 1,887.00 * Delegation Expenses: United Kingdom ...... Pound ...... 2,267.80 ...... 2,267.80 Kathryn Wheelbarger: United States ...... Dollar ...... 14,898.86 ...... 14,898.86 Oman ...... Rial ...... 656.93 ...... 656.93 Turkey ...... Lira ...... 204.89 ...... 204.89 Thomas Goffus: United States ...... Dollar ...... 15,524.58 ...... 15,524.58 Oman ...... Rial ...... 656.93 ...... 656.93 Turkey ...... Lira ...... 192.30 ...... 192.30 Michael Kuiken: United States ...... Dollar ...... 14,898.86 ...... 14,898.86 Oman ...... Rial ...... 656.93 ...... 656.93 Turkey ...... Lira ...... 204.89 ...... 204.89 * Delegation Expenses: Oman ...... Rial ...... 175.90 ...... 175.90 Turkey ...... Lira ...... 28.66 ...... 28.66 Senator Joe Donnelly: United States ...... Dollar ...... 24,402.48 ...... 24,402.48 Georgia ...... Lari ...... 405.00 ...... 405.00 Slovakia ...... Euro ...... 325.58 ...... 325.58 Rachel Lipsey: United States ...... Dollar ...... 14,587.66 ...... 14,587.66 Georgia ...... Lari ...... 634.50 ...... 634.50 Slovakia ...... Euro ...... 326.83 ...... 326.83 Jonathan Epstein: United States ...... Dollar ...... 12,564.98 ...... 12,564.98 Georgia ...... Lari ...... 630.05 ...... 630.05 * Delegation Expenses: Georgia ...... Lari ...... 1,716.32 ...... 1,716.32 Slovakia ...... Euro ...... 807.41 ...... 807.41 Austria ...... Euro ...... 278.79 ...... 278.79 Senator Joe Manchin: Japan ...... Yen ...... 341.07 ...... 341.07 South Korea ...... Won ...... 471.48 ...... 471.48 Ricky Nussio: Japan ...... Yen ...... 341.07 ...... 341.07 South Korea ...... Won ...... 471.48 ...... 471.48 Emily Farnell: Japan ...... Yen ...... 378.29 ...... 378.29 South Korea ...... Won ...... 480.54 ...... 480.54 Senator Angus King: Japan ...... Yen ...... 343.00 ...... 343.00 South Korea ...... Won ...... 476.60 ...... 476.60 Stephen Smith: Japan ...... Yen ...... 343.00 ...... 343.00 South Korea ...... Won ...... 476.60 ...... 476.60 Senator Claire McCaskill: Japan ...... Yen ...... 317.28 ...... 317.28 South Korea ...... Won ...... 491.76 ...... 491.76 Nick Rawls: Japan ...... Yen ...... 317.28 ...... 317.28 South Korea ...... Won ...... 491.76 ...... 491.76 * Delegation Expenses: Japan ...... Yen ...... 3,813.72 ...... 3,813.72 South Korea ...... Won ...... 2,886.74 ...... 2,886.74 Anish Goel: United States ...... Dollar ...... 4,719.76 ...... 4,719.76 Sri Lanka ...... Rupee ...... 934.72 ...... 934.72 Maldives ...... Rufiyaa ...... 356.15 ...... 356.15 Ozge Guzelsu: United States ...... Dollar ...... 11,426.40 ...... 11,426.40 Sri Lanka ...... Rupee ...... 556.22 ...... 556.22 Maldives ...... Rufiyaa ...... 435.00 ...... 435.00 Thomas Goffus: United States ...... Dollar ...... 17,902.39 ...... 17,902.39 Afghanistan ...... Afghani ...... 35.33 ...... 35.33 Germany ...... Euro ...... 415.92 ...... 415.92 Slovakia ...... Euro ...... 564.34 ...... 564.34 Hungary ...... Forint ...... 261.52 ...... 261.52 Croatia ...... Kuna ...... 285.47 ...... 285.47 Slovenia ...... Euro ...... 233.60 ...... 233.60 Kathryn Wheelbarger: United States ...... Dollar ...... 16,236.86 ...... 16,236.86 Afghanistan ...... Afghani ...... 29.33 ...... 29.33 Germany ...... Euro ...... 369.19 ...... 369.19

VerDate Sep 11 2014 05:48 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00069 Fmt 0624 Sfmt 8634 E:\CR\FM\A06FE6.007 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S754 CONGRESSIONAL RECORD — SENATE February 6, 2017 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES FOR TRAVEL FROM OCT. 1 TO DEC. 31, 2016—Continued

* Delegation Expenses: Germany ...... Euro ...... 349.73 ...... 349.73 Slovakia ...... Euro ...... 89.87 ...... 89.87 Hungary ...... Forint ...... 43.00 ...... 43.00 Croatia ...... Kuna ...... 35.00 ...... 35.00 Cord Sterling: United States ...... Dollar ...... 17,841.28 ...... 17,841.28 Singapore ...... Dollar ...... 409.65 ...... 409.65 Diego Garcia ...... Dollar ...... 131.00 ...... 131.00 Djibouti ...... Franc ...... 450.00 ...... 450.00 United Kingdom ...... Pound ...... 463.00 ...... 463.00 * Delegation Expenses: United Kingdom ...... Pound ...... 872.52 ...... 872.52 Jacqueline Kerber: United States ...... Dollar ...... 13,668.76 ...... 13,668.87 South Korea ...... Won ...... 2,077.87 ...... 2,077.87 Daniel Lerner: United States ...... Dollar ...... 13,568.76 ...... 13,568.76 South Korea ...... Won ...... 1,771.12 ...... 1,771.12 Adam Barker: United States ...... Dollar ...... 13,568.76 ...... 13,568.76 South Korea ...... Won ...... 1,892.87 ...... 1,892.87 Jonathan Epstein: United States ...... Dollar ...... 14,820.13 ...... 14,820.13 South Korea ...... Won ...... 1,605.44 ...... 1,605.44 * Delegation Expenses: South Korea ...... Won ...... 3,051.56 ...... 982.48 ...... 4,034.04 Senator Jack Reed: United States ...... Dollar ...... 16,529.36 ...... 16,529.36 Afghanistan ...... Afghani ...... 80.00 ...... 80.00 Elizabeth King: United States ...... Dollar ...... 16,629.36 ...... 16,629.36 Afghanistan ...... Afghani ...... 48.00 ...... 48.00 Iraq ...... Dinar ...... 50.00 ...... 50.00 Michael Noblet: United States ...... Dollar ...... 16,583.73 ...... 16,583.73 Afghanistan ...... Afghani ...... 18.00 ...... 18.00 Iraq ...... Dinar ...... 50.00 ...... 50.00 Michael Kuiken: United States ...... Dollar ...... 16,654.38 ...... 16,654.38 Afghanistan ...... Afghani ...... 83.00 ...... 83.00 Iraq ...... Dinar ...... 27.00 ...... 27.00 * Delegation Expenses: Afghanistan ...... Afghani ...... 996.00 ...... 996.00 Iraq ...... Dinar ...... 13,800.00 ...... 13,800.00 Thomas Goffus: United States ...... Dollar ...... 11,824.08 ...... 11,824.08 Romania ...... Leu ...... 184.03 ...... 184.03 Bulgaria ...... Lev ...... 291.35 ...... 291.35 Poland ...... Zloty ...... 198.41 ...... 198.41 Mariah McNamara: United States ...... Dollar ...... 11,544.24 ...... 11,544.24 Romania ...... Leu ...... 184.03 ...... 184.03 Bulgaria ...... Lev ...... 295.21 ...... 295.21 Poland ...... Zloty ...... 179.15 ...... 179.15 * Delegation Expenses: Romania ...... Leu ...... 278.36 ...... 278.36 Senator John McCain: Canada ...... Dollar ...... 550.00 ...... 550.00 Christian Brose: Canada ...... Dollar ...... 550.00 ...... 550.00 Elizabeth O’Bagy: Canada ...... Dollar ...... 576.30 ...... 576.30 Senator Deb Fischer: Canada ...... Dollar ...... 547.00 ...... 547.00 Senator Dan Sullivan: Canada ...... Dollar ...... 565.84 ...... 565.84 Senator Jeanne Shaheen: Canada ...... Dollar ...... 532.80 ...... 532.80 Bryan Maxwell: Canada ...... Dollar ...... 575.23 ...... 575.23 Joshua Lucas: Canada ...... Dollar ...... 532.80 ...... 532.80 Senator Tim Kaine: Canada ...... Dollar ...... 444.00 ...... 444.00 * Delegation Expenses: Canada ...... Dollar ...... 8,491.50 ...... 8,491.50 Senator Joni Ernst: United States ...... Dollar ...... 14,364.36 ...... 14,364.36 Afghanistan ...... Afghani ...... 83.00 ...... 83.00 Kurt Freshley: United States ...... Dollar ...... 14,867.86 ...... 14,867.86 Afghanistan ...... Afghani ...... 83.00 ...... 83.00 Cord Sterling: United States ...... Dollar ...... 25,787.28 ...... 25,787.28 Myanmar ...... Kyat ...... 463.00 ...... 463.00 Thailand ...... Baht ...... 387.00 ...... 387.00 Anish Goel: United States ...... Dollar ...... 11,229.11 ...... 11,229.11 Myanmar ...... Kyat ...... 336.00 ...... 336.00 Thailand ...... Baht ...... 193.00 ...... 193.00 Ozge Guzelsu: United States ...... Dollar ...... 15,750.44 ...... 15,750.44 Myanmar ...... Kyat ...... 631.00 ...... 631.00 Thailand ...... Baht ...... 323.00 ...... 323.00 * Delegation Expenses: Myanmar ...... Kyat ...... 1,405.00 ...... 1,405.00 Thailand ...... Baht ...... 214.95 ...... 214.95 Adam Barker: United States ...... Dollar ...... 12,991.88 ...... 12,991.88 Uganda ...... Shilling ...... 438.00 ...... 438.00 South Africa ...... Rand ...... 200.00 ...... 200.00 Jonathan Epstein: United States ...... Dollar ...... 11,360.96 ...... 11,360.96 Turkey ...... Lira ...... 74.00 ...... 74.00

VerDate Sep 11 2014 05:48 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00070 Fmt 0624 Sfmt 8634 E:\CR\FM\A06FE6.007 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 6, 2017 CONGRESSIONAL RECORD — SENATE S755 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES FOR TRAVEL FROM OCT. 1 TO DEC. 31, 2016—Continued

Germany ...... Euro ...... 260.98 ...... 260.98 Netherlands ...... Euro ...... 200.77 ...... 200.77 * Delegation Expenses: Turkey ...... Lira ...... 663.19 ...... 663.19 Netherlands ...... Euro ...... 336.63 ...... 336.63 Thomas Goffus: United States ...... Dollar ...... 10,047.06 ...... 10,047.06 Norway ...... Krone ...... 100.54 ...... 100.54 Denmark ...... Krone ...... 410.70 ...... 410.70 Finland ...... Euro ...... 667.03 ...... 667.03 Iceland ...... Krońa ...... 346.45 ...... 346.45 Kathryn Wheelbarger: United States ...... Dollar ...... 11,368.22 ...... 11,368.22 Norway ...... Krone ...... 157.00 ...... 157.00 Denmark ...... Krone ...... 374.08 ...... 374.08 Finland ...... Euro ...... 687.45 ...... 687.45 Mathew Donovan: United States ...... Dollar ...... 10,259.06 ...... 10,259.06 Norway ...... Krone ...... 63.56 ...... 63.56 Denmark ...... Krone ...... 390.04 ...... 390.04 Finland ...... Euro ...... 656.51 ...... 656.51 Iceland ...... Krońa ...... 346.45 ...... 346.45 * Delegation Expenses: Denmark ...... Krone ...... 1,173.80 ...... 1,173.80 Finland ...... Euro ...... 1,409.71 ...... 1,409.71 Iceland ...... Krońa ...... 477.00 ...... 477.00 Senator John McCain: United States ...... Dollar ...... 3,197.43 ...... 3,197.43 Mexico ...... Peso ...... 553.90 ...... 553.90 Stephanie Hall: United States ...... Dollar ...... 2,734.43 ...... 2,734.43 Mexico ...... Peso ...... 550.72 ...... 550.72 Mikayla Mowzoon: United States ...... Dollar ...... 2,976.76 ...... 2,976.76 Mexico ...... Peso ...... 592.73 ...... 592.73 Steven Barney: United States ...... Dollar ...... 15,433.66 ...... 15,433.66 South Korea ...... Won ...... 1,096.23 ...... 1,096.23 Japan ...... Yen ...... 371.53 ...... 371.53 Allen Edwards: United States ...... Dollar ...... 15,433.66 ...... 15,433.66 South Korea ...... Won ...... 980.95 ...... 980.95 Japan ...... Yen ...... 391.84 ...... 391.84 James B. Hickey: United States ...... Dollar ...... 15,433.66 ...... 15,433.66 South Korea ...... Won ...... 1,174.69 ...... 1,174.69 Samantha Clark: United States ...... Dollar ...... 15,433.66 ...... 15,433.66 South Korea ...... Won ...... 1,029.60 ...... 1,029.60 Japan ...... Yen ...... 397.49 ...... 397.49 Gerald Leeling: United States ...... Dollar ...... 15,433.66 ...... 15,433.66 South Korea ...... Won ...... 1,019.53 ...... 1,019.53 Japan ...... Yen ...... 379.53 ...... 379.53 Jonathan Clark: United States ...... Dollar ...... 15,433.66 ...... 15,433.66 South Korea ...... Won ...... 1,022.82 ...... 1,022.82 Japan ...... Yen ...... 399.01 ...... 399.01 * Delegation Expenses: South Korea ...... Won ...... 597.70 ...... 597.70 Japan ...... Yen ...... 950.00 ...... 950.00 Total ...... 62,779.63 ...... 645,757.54 ...... 19,785.15 ...... 728,322.32 * Delegation expenses include payments and reimbursements to the Department of State under authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Section 22 of P.L. 95–384, and S. Res. 179 agreed to May 25, 1977. SENATOR JOHN McCAIN, Chairman, Committee on Armed Services, Jan. 31, 2017.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ENERGY AND NATURAL RESOURCES FOR TRAVEL FROM OCT. 1 TO DEC. 31, 2016

Rachel Burkett: Austria ...... Euro ...... 366.00 ...... 366.00 France ...... Euro ...... 1,666.00 ...... 1,666.00 Egypt ...... Egyptian Pound ...... 526.00 ...... 526.00 * Delegation Expenses: France ...... Euro ...... 1,603.62 ...... 1,603.62 * Delegation Expenses: Egypt ...... Egyptain Pound ...... 1,070.81 ...... 1,070.81 Senator Lisa Murkowski: United States ...... Dollar ...... 1,217.92 ...... 1,217.92 Canada ...... Dollar ...... 264.20 ...... 264.20 Isaac Edwards: United States ...... Dollar ...... 814.42 ...... 814.42 Canada ...... Dollar ...... 318.00 ...... 318.00 * Delegation Expenses: Canada ...... Dollar ...... 360.00 ...... 360.00 Total ...... 3,140.20 ...... 2,032.34 ...... 3,034.43 ...... 8,206.97 * Delegation expenses include payments and reimbursements to the Department of State under authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Section 22 of P.L. 95–384, and S. Res. 179 agreed to May 25, 1977. SENATOR LISA MURKOWSKI, Chairman, Committee on Energy and Natural Resources, Jan. 6, 2017.

VerDate Sep 11 2014 05:48 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00071 Fmt 0624 Sfmt 8634 E:\CR\FM\A06FE6.007 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S756 CONGRESSIONAL RECORD — SENATE February 6, 2017 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS FOR TRAVEL FROM OCT. 1 TO DEC. 31, 2016

Amanda Gunasekara: United States ...... Dollar ...... 14,418.96 ...... 14,418.96 Morocco ...... Dirham ...... 2,109,00 ...... 2,109.00 Adrian Deveny: United States ...... Dollar ...... 2,146.06 ...... 2,146.06 Morocco ...... Dirham ...... 4,062.00 ...... 4,062.00 Emily Enderle: United States ...... Dollar ...... 4,316.06 ...... 4,316.06 Morocco ...... Dirham ...... 5,504.83 ...... 5,504.83 Katie Thomas: United States ...... Dollar ...... 10,066.36 ...... 10,066.36 Morocco ...... Dirham ...... 2,109.00 ...... 2,109.00 Total ...... 13,784.83 ...... 30,947.44 ...... 44,732.27 SENATOR JOHN BARRASSO, Chairman, Committee on Environment & Public Works, Feb. 2, 2017.

Everett Eissenstat: Japan ...... Yen ...... 775.91 ...... 775.91 Brunei ...... Dollar ...... 464.78 ...... 464.78 Malaysia ...... Dollar ...... 709.67 ...... 709.67 United States ...... Dollar ...... 17,769.02 ...... 17,769.02 Christopher Campbell: Japan ...... Yen ...... 902.15 ...... 902.15 Brunei ...... Dollar ...... 230.23 ...... 230.23 Malaysia ...... Dollar ...... 539.39 ...... 539.39 France ...... Euro ...... 50.00 ...... 50.00 United States ...... Dollar ...... 16,029.36 ...... 16,029.36 Jay Khosla: Japan ...... Yen ...... 766.83 ...... 766.83 Brunei ...... Dollar ...... 475.00 ...... 475.00 Malaysia ...... Dollar ...... 557.73 ...... 557.73 United States ...... Dollar ...... 17,273.03 ...... 17,273.03 Shane Warren: Japan ...... Yen ...... 957.10 ...... 957.10 Brunei ...... Dollar ...... 433.41 ...... 433.41 Malaysia ...... Dollar ...... 582.11 ...... 582.11 United States ...... Dollar ...... 17,769.02 ...... 17,769.02 * Delegation Expenses: United States ...... Dollar ...... 3,354.12 ...... 3,354.12 Douglas Petersen: Switzerland ...... Swiss Franc ...... 951.82 ...... 951.82 United States ...... Dollar ...... 12,108.26 ...... 12,108.26 Shane Warren: Peru ...... Sol ...... 2,424.27 ...... 2,424.27 United States ...... Dollar ...... 6,502.50 ...... 6,502.50 Everett Eissenstat Peru ...... Sol ...... 2,439.76 ...... 2,439.76 United States ...... Dollar ...... 8,145.50 ...... 8,145.50 Jayme White: Peru ...... Sol ...... 2,519.20 ...... 2,519.20 United States ...... Dollar ...... 5,678.50 ...... 5,678.50 * Delegation Expenses: United States ...... Dollar ...... 3,412.59 ...... 3,412.59 Total ...... 15,779.36 ...... 101,275.19 ...... 6,766.71 ...... 123,821.26 * Delegation Expenses include transportation, embassy overtime, as well as official expenses in accordance with the responsibilities of the host country. SENATOR ORRIN HATCH, Chairman, Committee on Finance, Jan. 13, 2017.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM OCT. 1 TO DEC. 31, 2016

Senator John Barrasso: Canada ...... Dollar ...... 651.30 ...... 651.30 Senator Christopher Coons: Canada ...... Dollar ...... 543.05 ...... 543.05 * Delegation Expenses: Canada ...... Dollar ...... 1,887.00 ...... 1,887.00 Senator John Barrasso: Afghanistan ...... Dollar ...... United States ...... Dollar ...... 15,185.36 ...... 15,185.36 Charles Ziegler: Afghanistan ...... Dollar ...... United States ...... Dollar ...... 14,797.86 ...... 14,797.86 Senator John Barrasso: France ...... Euro ...... 1,489.50 ...... 1,489.50 Egypt ...... Egyptian Pound ...... 684.00 ...... 684.00 Austria ...... Euro ...... 667.51 ...... 667.51 Senator James Risch: France ...... Euro ...... 1,952.00 ...... 1,952.00 Egypt ...... Egyptian Pound ...... 675.00 ...... 675.00 Austria ...... Euro ...... 1,173.00 ...... 1,173.00

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Chris Socha: France ...... Euro ...... 1,946.00 ...... 1,946.00 Egypt ...... Egyptian Pound ...... 661.00 ...... 661.00 Austria ...... Euro ...... 1,154.00 ...... 1,154.00 Senator Jeff Flake: France ...... Euro ...... 1,685.50 ...... 1,685.50 Egypt ...... Egyptian Pound ...... 735.04 ...... 735.04 Austria ...... Euro ...... 878.40 ...... 878.40 Colleen Donnelly: France ...... Euro ...... 1,583.00 ...... 1,583.00 Egypt ...... Egyptian Pound ...... 530.09 ...... 530.09 Austria ...... Euro ...... 906.02 ...... 906.02 * Delegation Expenses: France ...... Euro ...... 7,986.15 ...... 7,986.15 Egypt ...... Egyptian Pound ...... 5,354.03 ...... 5,354.03 Austria ...... Euro ...... 1,812.65 ...... 1,812.65 Senator Ben Cardin: Colombia ...... Colombian Peso ...... 313.00 ...... 313.00 Senator Bob Corker: Cuba ...... Dollar ...... 446.20 ...... 446.20 United States ...... Dollar ...... 429.00 ...... 429.00 Todd Womack: Cuba ...... Dollar ...... 511.00 ...... 511.00 United States ...... Dollar ...... 429.00 ...... 429.00 Caleb McCarry: Cuba ...... Dollar ...... 511.00 ...... 511.00 United States ...... Dollar ...... 429.00 ...... 429.00 * Delegation Expenses: Cuba ...... Dollar ...... 10.00 ...... 10.00 Senator Jeff Flake: Mexico ...... Dollar ...... 503.21 ...... 503.21 United States ...... Dollar ...... 3,143.45 ...... 3,143.45 Chandler Morse: Mexico ...... Dollar ...... 595.24 ...... 595.24 United States ...... Dollar ...... 2,877.25 ...... 2,877.25 * Delegation Expenses: Mexico ...... Dollar ...... 228.00 ...... 228.00 Senator Edward Markey: Haiti ...... Dollar ...... 532.00 ...... 532.00 United States ...... Dollar ...... 2,167.36 ...... 2,167.36 Philip McGovern: Haiti ...... Dollar ...... 532.00 ...... 532.00 United States ...... Dollar ...... 2,053.36 ...... 2,053.36 * Delegation Expenses: Haiti ...... Dollar ...... 601.60 ...... 601.60 Senator Robert Menendez: Austria ...... Euro ...... 950.66 ...... 950.66 Cyprus ...... Euro ...... 1,357.07 ...... 1,357.07 United States ...... Dollar ...... 12,021.68 ...... 12,021.68 Fred Turner: Austria ...... Euro ...... 1,197.38 ...... 1,197.38 Cyprus ...... Euro ...... 1,436.63 ...... 1,436.63 United States ...... Dollar ...... 12,027.26 ...... 12,027.26 * Delegation Expenses: Austria ...... Euro ...... 2,071.40 ...... 2,071.40 Cyprus ...... Euro ...... 4,010.93 ...... 4,010.93 Jaime Fly: Japan ...... Yen ...... 981.19 ...... 981.19 Philippines ...... Peso ...... 640.93 ...... 640.93 Korea ...... Won ...... 708.18 ...... 708.18 United States ...... Dollar ...... 4,028.86 ...... 4,028.86 Carolyn Leddy: Japan ...... Yen ...... 609.64 ...... 609.64 Philippines ...... Peso ...... 533.93 ...... 533.93 Korea ...... Won ...... 657.36 ...... 657.36 United States ...... Dollar ...... 3,422.46 ...... 3,422.46 * Delegation Expenses: Japan ...... Yen ...... 1,234.45 ...... 1,234.45 Philippines ...... Peso ...... 70.26 ...... 70.26 Korea ...... Won ...... 401.38 ...... 401.38 Clyde Hicks: Philippines ...... Peso ...... 282.00 ...... 282.00 Thailand ...... Baht ...... 813.00 ...... 813.00 Burma ...... Kyat ...... 482.00 ...... 482.00 United States ...... Dollar ...... 3,735.00 ...... 3,735.00 * Delegation Expenses: Philippines ...... Peso ...... 35.13 ...... 35.13 Thailand ...... Baht ...... 521.72 ...... 521.72 Burma ...... Kyat ...... 1,261.00 ...... 1,261.00 David Kinzler: Kuwait ...... Dinar ...... 359.57 ...... 359.57 Saudi Arabia ...... Riyal ...... 1,119.67 ...... 1,119.67 United Arab Emirates ...... Dirham ...... 511.96 ...... 511.96 United States ...... Dollar ...... 6,669.65 ...... 6,669.65 Dana Stroul: Kuwait ...... Dinar ...... 415.57 ...... 415.57 Saudi Arabia ...... Riyal ...... 1,119.23 ...... 1,119.23 United Arab Emirates ...... Dirham ...... 561.87 ...... 561.87 * Delegation Expenses: Kuwait ...... Dinar ...... 78.91 ...... 78.91 Saudi Arabia ...... Riyal ...... 681.00 ...... 681.00 United Arab Emirates ...... Dirham ...... 499.35 ...... 499.35 Joshua Klein: Morocco ...... Dirham ...... 2,736.61 ...... 2,736.61 United States ...... Dollar ...... 2,616.96 ...... 2,616.96 Michael Phelan: Oman ...... Rial ...... 1,239.65 ...... 1,239.65 Sudan ...... Sudanese Pound ...... 1,135.51 ...... 1,135.51 Ethiopia ...... Birr ...... 528.92 ...... 528.92 United States ...... Dollar ...... 4,842.36 ...... 4,842.36 * Delegation Expenses: Oman ...... Rial ...... 316.78 ...... 316.78 Sudan ...... Sudanese Pound ...... 406.96 ...... 406.96 Lowell Schwartz: Austria ...... Euro ...... 616.08 ...... 616.08

VerDate Sep 11 2014 05:48 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00073 Fmt 0624 Sfmt 8634 E:\CR\FM\A06FE6.007 S06FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S758 CONGRESSIONAL RECORD — SENATE February 6, 2017 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM OCT. 1 TO DEC. 31, 2016—Continued

Netherlands ...... Euro ...... 134.00 ...... 134.00 United States ...... Dollar ...... 2,157.06 ...... 2,157.06 * Delegation Expenses: Austria ...... Euro ...... 174.86 ...... 174.86

Total ...... 42,986.67 ...... 94,919.93 ...... 27,756.56 ...... 165,663.16 * Delegation expenses include payments and reimbursements to the Department of State under authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Section 22 of P.L. 95–384, and S. Res. 179 agreed to May 25, 1977. SENATOR BOB CORKER, Chairman, Committee on Foreign Relations, Jan. 27, 2015.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), AMENDED 3RD QUARTER, COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2016

* Delegation Expenses: Singapore ...... Dollar ...... 1,188.00 ...... 1,188.00

Total ...... 1,188.00 ...... 1,188.00 * Delegation expenses include payments and reimbursements to the Department of State under authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Section 22 of P.L. 95–384, and S. Res. 179 agreed to May 25, 1977. SENATOR RON JOHNSON, Chairman, Committee on Homeland Security and Governmental Affairs, Jan. 18, 2017.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS FOR TRAVEL FROM OCT. 1 TO DEC. 31, 2016

Senator Heidi Heitkamp: Japan ...... Yen ...... 341.07 ...... 341.07 South Korea ...... Won ...... 455.21 ...... 455.21 Matthew Squeri: Japan ...... Yen ...... 321.07 ...... 321.07 South Korea ...... Won ...... 455.21 ...... 455.21 * Delegation Expenses: Mexico ...... Peso ...... 540.00 ...... 540.00 * Delegation Expenses: El Salvador ...... Dollar ...... 1,708.63 ...... 1,708.63 * Delegation Expenses: Guatemala ...... Quetzal ...... 509.53 ...... 509.53 Senator Thomas R. Carper: United States ...... Dollar ...... 2,192.25 ...... 2,192.25 Mexico ...... Peso ...... 45.00 ...... 45.00 El Salvador ...... Dollar ...... 106.00 ...... 106.00 Guatemala ...... Quetzal ...... 379.88 ...... 379.88 Holly Idelson: United States ...... Dollar ...... 2,192.25 ...... 2,192.25 Mexico ...... Peso ...... 45.00 ...... 45.00 El Salvador ...... Dollar ...... 106.00 ...... 106.00 Guatemala ...... Quetzal ...... 379.88 ...... 379.88 Gabrielle Batkin: United States ...... Dollar ...... 2,171.00 ...... 2,171.00 Guatemala ...... Quetzal ...... 436.88 ...... 436.88 El Salvador ...... Dollar ...... 186.00 ...... 186.00 Senator Ben Sasse: France ...... Euro ...... 1,742.50 ...... 1,742.50 Egypt ...... Pound ...... 313.82 ...... 313.82 Austria ...... Euro ...... 786.50 ...... 786.50 * Delegation Expenses: Israel ...... Shekel ...... Senator Ron Johnson: United States ...... Dollar ...... 10,942.89 ...... 10,942.89 Israel ...... Shekel ...... 556.00 ...... 556.00 Brooke Ericson: United States ...... Dollar ...... 10,698.89 ...... 10,698.89 Israel ...... Shekel ...... 956.00 ...... 956.00 Dan Lips: United States ...... Dollar ...... 10,698.89 ...... 10,698.89 Israel ...... Shekel ...... 956.00 ...... 956.00 Klon Kitchen: France ...... Euro ...... 265.56 ...... 265.56 Egypt ...... Pound ...... 140.44 ...... 140.44 Austria ...... Euro ...... 286.22 ...... 286.22 Senator Ben Sasse: United States ...... Dollar ...... 482.98 ...... 482.98 Canada ...... Dollar ...... 572.80 ...... 572.80

Total ...... 9,833.04 ...... 39,379.15 ...... 2,758.16 ...... 51,970.35 * Delegation expenses include payments and reimbursements to the Department of State under authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Section 22 of P.L. 95–384, and S. Res. 179 agreed to May 25, 1977. SENATOR RON JOHNSON, Chairman, Committee on Homeland Security and Governmental Affairs, Jan. 18, 2017.

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Richard Perry: United States ...... Dollar ...... 22,446.62 ...... 22,446.62 Ukraine ...... Hryvnia ...... 148.77 ...... 148.77 Georgia ...... Lari ...... 574.08 ...... 574.08 Lithuania ...... Euro ...... 876.43 ...... 876.43 Matthew Rimkunas: United States ...... Dollar ...... 22,446.62 ...... 22,446.62 Ukraine ...... Hryvnia ...... 154.00 ...... 154.00 Georgia ...... Lari ...... 594.00 ...... 594.00 Lithuania ...... Euro ...... 829.00 ...... 829.00 * Delegation Expenses: Georgia ...... Lari ...... 1,360.81 ...... 1360.81 Lithuania ...... Euro ...... 768.86 ...... 768.86

Total ...... 3,176.28 ...... 44,893.24 ...... 2,129.67 ...... 50,199.19 * Delegation expenses include payments and reimbursements to the Department of State under authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Section 22 of P.L. 95–384, and S. Res. 179 agreed to May 25, 1977. SENATOR CHUCK GRASSLEY, Chairman, Committee on the Judiciary, Feb. 2, 2017.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), SELECT COMMITTEE ON INTELLIGENCE FOR TRAVEL FROM OCT. 1 TO DEC. 30, 2016

Senator James Risch ...... 684.00 ...... 684.00 Dollar ...... 1,693.00 ...... 1,693.00 ...... 1,030.00 ...... 1,030.00 ...... 591.00 ...... 591.00 Dollar ...... 1,099.00 ...... 1,099.00 ...... 1,906.00 ...... 1,906.00 Dollar ...... 1,039.00 ...... 1,039.00 ...... 1,918.00 ...... 1,918.00 Dollar ...... 561.00 ...... 561.00 Ryan White ...... 536.00 ...... 536.00 Dollar ...... 1,693.00 ...... 1,693.00 ...... 934.00 ...... 934.00 Dollar ...... 1,099.00 ...... 1,099.00 ...... 560.00 ...... 560.00 Dollar ...... 1,693.00 ...... 1,693.00 ...... 1,681.00 ...... 1,681.00 Dollar ...... 1,039.00 ...... 1,039.00 Chris Joyner ...... 929.00 ...... 929.00 Dollar ...... 1,000.00 ...... 1,000.00 Dollar ...... 913.94 ...... 913.94 Senator Angus S. King, Jr...... 808.00 ...... 808.00 Dollar ...... 289.00 ...... 289.00 ...... 514.00 ...... 514.00 Dollar ...... 381.00 ...... 381.00 James Catella ...... 808.00 ...... 808.00 Dollar ...... 289.00 ...... 289.00 ...... 1,028.00 ...... 1,028.00 Dollar ...... 381.00 ...... 381.00 Paul Matulic ...... 125.00 ...... 125.00 Dollar ...... 16,128.00 ...... 16,128.00 ...... 400.00 ...... 400.00 Hayden Milberg ...... 125.00 ...... 125.00 Dollar ...... 16,128.00 ...... 16,128.00 ...... 400.00 ...... 400.00 James Catella ...... 125.00 ...... 125.00 Dollar ...... 16,128.00 ...... 16,128.00 ...... 400.00 ...... 400.00 Chad Tanner ...... 125.00 ...... 125.00 Dollar ...... 16,128.00 ...... 16,128.00 ...... 400.00 ...... 400.00 Senator Ron Wyden ...... 327.00 ...... 327.00 ...... 1,236.00 ...... 1,236.00 Dollar ...... 1,780.00 ...... 1,780.00 Isaiah Akin ...... 327.00 ...... 327.00 ...... 1,236.00 ...... 1,236.00 Dollar ...... 1,780.00 ...... 1,780.00 Senator James Lankford ...... 1,188.00 ...... 1,188.00 Dollar ...... 108.00 ...... 108.00 ...... 388.00 ...... 388.00 ...... 304.00 ...... 304.00 ...... 136.00 ...... 136.00 Dollar ...... 33.00 ...... 33.00 Emily Harding ...... 1,188.00 ...... 1,188.00 Dollar ...... 108.00 ...... 108.00 ...... 389.00 ...... 389.00 ...... 304.00 ...... 304.00 ...... 136.00 ...... 136.00 Dollar ...... 33.00 ...... 33.00 Adam Farris ...... 389.00 ...... 389.00 ...... 304.00 ...... 304.00 ...... 136.00 ...... 136.00 Dollar ...... 33.00 ...... 33.00 ...... 1,189.00 ...... 1,189.00 Dollar ...... 108.00 ...... 108.00

Total ...... 25,204.00 ...... 68,633.00 ...... 13,031.94 ...... 106,868.94 SENATOR RICHARD BURR, Chairman, Senate Select Committee on Intelligence, Jan. 31, 2017.

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Phoebe Wong: United States ...... Dollar ...... 1,085.86 ...... 1,085.86 France ...... Euro ...... 1,879.00 ...... 1,879.00 Total ...... 1,879.00 ...... 1,085.86 ...... 2,964.86 SENATOR DAN COATS, Chairman, Joint Economic Committee, Dec. 14, 2016.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMISSION ON SECURITY AND COOPERATION IN EUROPE FOR TRAVEL FROM OCT. 1 TO DEC. 31, 2016

Ambassador David Killion: Austria ...... Euro ...... 2,058.00 ...... 2,058.00 United States ...... Dollar ...... 12,557.06 ...... 12,557.06 * Delegation Expenses: Austria ...... Euro ...... 1,706.42 ...... 1,706.42 Germany ...... Euro ...... 2,190.00 ...... 2,190.00 United States ...... Dollar ...... 11,995.66 ...... 11,995.66 * Delegation Expenses: Germany ...... Euro ...... 2,725.00 ...... 2,725.00 Total ...... 8,679.42 ...... 24,552.72 ...... 33,232.14 * Delegation expenses include payments and reimbursements to the Department of State under authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Section 22 of P.L. 95–384, and S. Res. 179 agreed to May 25, 1977. SENATOR ROGER WICKER, Chairman, Commission on Security and Cooperation in Europe, Jan. 12, 2017.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), STAFF DELEGATION HALPERN FOR TRAVEL FROM OCT. 1 TO DEC. 31, 2016

Julie Adams: United States ...... Dollar ...... 2,443.46 ...... 2,443.46 France ...... Euro ...... 226.50 ...... 226.50 United Kingdom ...... Pound ...... 1,189.37 ...... 1,189.37 Laura Dove: United States ...... Dollar ...... 2,443.46 ...... 2,443.46 France ...... Euro ...... 208.47 ...... 208.47 United Kingdom ...... Pound ...... 1,171.33 ...... 1,171.33 Elizabeth MacDonough: United States ...... Dollar ...... 2,443.46 ...... 2,443.46 France ...... Euro ...... 220.50 ...... 220.50 United Kingdom ...... Pound ...... 1,183.37 ...... 1,183.37 Hazen Marshall: United States ...... Dollar ...... 2,443.46 ...... 2,443.46 France ...... Euro ...... 227.27 ...... 227.27 United Kingdom ...... Pound ...... 1,190.15 ...... 1,190.15 Gary Myrick: United States ...... Dollar ...... 2,443.46 ...... 2,443.46 France ...... Euro ...... 283.50 ...... 283.50 United Kingdom ...... Pound ...... 1,246.37 ...... 1,246.37 * Delegation Expenses: France ...... Euro ...... 1,084.00 ...... 1,084.00 Total ...... 7,146.83 ...... 12,217.30 ...... 1,084.00 ...... 20,448.13 * Delegation expenses include payments and reimbursements to the Department of State under authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Section 22 of P.L. 95–384, and S. Res. 179 agreed to May 25, 1977. SENATOR MITCH McCONNELL, Majority Leader, Jan. 27, 2017. SENATOR HARRY REID, Democratic Leader, Dec. 23, 2016.

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Thomas Hawkins: United States ...... Dollar ...... 12,712.16 ...... 12,712.16 United Kingdom ...... Pound ...... 348.57 ...... 348.57 Total ...... 348.57 ...... 12,712.16 ...... 13,060.73 SENATOR MITCH McCONNELL, h Majority Leader, Jan. 31, 2017.

N O T I C E Incomplete record of Senate proceedings. Today’s Senate proceedings will be continued in the next issue of the Record.

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HONORING BARRY S. GALE FOR 50 were lucky to have his service with the House HONORING PHILLIP ‘‘RUSS’’ RIZZO YEARS OF SERVICE of Representatives. ON THE OCCASION OF HIS RE- TIREMENT HON. ELISE M. STEFANIK f OF NEW YORK HON. BRIAN HIGGINS HONORING COLONEL BYRON P. IN THE HOUSE OF REPRESENTATIVES OF NEW YORK DEEL Monday, February 6, 2017 IN THE HOUSE OF REPRESENTATIVES Ms. STEFANIK. Mr. Speaker, I rise today to Monday, February 6, 2017 honor and recognize Mr. Barry S. Gale from HON. SCOTT DesJARLAIS Mr. HIGGINS of New York. Mr. Speaker, Gouverneur, New York. This month, Mr. Gale today I rise to honor the career and public OF TENNESSEE will be celebrating 50 years as a volunteer service of Phillip ‘‘Russ’’ Rizzo, as he con- firefighter at the Gouverneur Fire Department. IN THE HOUSE OF REPRESENTATIVES cludes his service on the Common Council of He joined the Department in 1967 as a the city of North Tonawanda, New York. dedicated citizen and volunteer. Mr. Gale was Monday, February 6, 2017 A lifelong city resident and U.S. Army Vet- assigned to Hose Company Number 1 and Mr. DESJARLAIS. Mr. Speaker, today I want eran, prior to entering public service, Russ served in the position for eight years. His re- to honor Colonel Byron Deel, Chief of the was the owner of Rizzo and Ricotta Office markable service gave him the opportunity to Products. While operating his business, Russ Joint Staff, Tennessee National Guard. After advance within the Fire Department, serving began his public service on the city’s Zoning as 2nd Assistant Chief from 1975 to 1977. He 32 years of dedicated service to our state and Board of Appeals, serving from 1994 to 1996. then rose to 1st Assistant Chief and served in country, Colonel Deel has announced his re- Russ joined the Common Council in 2000, the position until 1979. From there, Mr. Gale tirement, effective February 5, 2017. working to alleviate flooding problems in the served as Chief Engineer until 1981. Over the course of his career, Byron has 1st Ward, and later spearheading efforts to re- Mr. Gale has earned numerous awards for held numerous leadership roles with a wide vitalize the NT waterfront, culminating in the his devotion to the Fire Department. He re- range of responsibilities. Whether it be his opening of a restaurant at Gratwick Riverside ceived the Department’s ‘‘Chiefs Award’’ in time as Company Commander of the 173rd Park. In addition to his focus on neighbor- 2006 and then again in 2009. In 2011, he was hoods and the waterfront, Russ put a great Personnel Support Company, his command of named the Department’s ‘‘Firefighter of the deal of time and energy into rejuvenating the the Joint Counterdrug Task Force or his cur- Year.’’ These awards and Mr. Gale’s years of city’s downtown business district. dedicated service are a testament to his char- rent position as Chief of the Joint Staff, Byron From 2010 through 2012, Russ served as a acter and the community he has called home. has exemplified a work ethic and regard for member of the Niagara County Legislature. On this day, I want to take a moment to others that is second-to-none. As such, he has Later in 2012, Russ returned to the Common thank Mr. Barry Gale for his many years of more than earned the utmost admiration and Council where he continued to serve constitu- public service to our district, especially to the respect that his colleagues and peers hold for ents, personally addressing their issues and town of Gouverneur. Congratulations on cele- him. making sure no calls went unanswered. brating 50 years of volunteer service at the In his retirement, Russ and his wife Mary Colonel Deel’s career includes two deploy- Gouverneur Fire Department. look forward to spending more time with their ments: In 2001 to Bosnia, where he was re- f family. They are parents to four children, sponsible for supporting the State Department grandparents to seven and are blessed with RECOGNIZING THE SERVICE OF as military liaison and intelligence officer. In one great-grandchild. GARY ANDRES 2005, he deployed to Afghanistan as an Em- In 2012, I was given the honor of having the bedded Team Trainer as part of the 196th opportunity to represent North Tonawanda. HON. DIANA DeGETTE Field Artillery Brigade. There he served as a Few public officials welcomed me with a great- OF COLORADO mentor in Intelligence and Operations to the er degree of warmth than did Russ Rizzo. IN THE HOUSE OF REPRESENTATIVES Afghan National Army. Russ is a true gentleman who only had the very best interests of his hometown at heart. Monday, February 6, 2017 Byron’s exemplary service to our nation is His constituents were well-served by him, and Ms. DEGETTE. Mr. Speaker, I rise today to reflected in the numerous commendations and I am honored both by his collegiality as well recognize the contributions Gary Andres has military decorations he has received, including: as his friendship. made to the House of Representatives. The Bronze Star, the Meritorious Service Mr. Speaker, thank you for allowing me a Gary most recently served as the Staff Di- Medal, the Army Commendation Medal, and few moments to honor Russ and recognize all rector for the Committee on Energy and Com- the Tennessee National Guard Distinguished that he has done for the City of North Tona- merce under the leadership of Congressman Service Medal, among a long list of many oth- wanda. I know that you join me and all of our FRED UPTON. In his last term as Chairman, ers. colleagues in wishing Russ, Mary and their Congressman UPTON partnered with me to au- entire family the very best of good health and It is also important to mention that his wife, thor the 21st Century Cures Act. I got to know happiness in the months and years to come. Mary Deel, whom Byron introduces as ‘‘the Gary very well over nearly three years as we f worked to pass the bill into law. Better Deal’’, also serves in the National It was a real pleasure working with Gary. Guard as the Education Services Officer. HONORING LORETTA WEINBERG ON HER BIRTHDAY Even at the darkest moments, when we On a personal note, Byron has been an in- couldn’t seem to find a way to come to a bi- valuable resource for me and my staff on partisan agreement on Cures, Gary’s steady issues impacting our guardsmen. While I am HON. JOSH GOTTHEIMER leadership and immutable resolve helped to sorry that Tennessee is losing an officer of OF NEW JERSEY light the way forward. His wise counsel is one IN THE HOUSE OF REPRESENTATIVES of the reasons that bill was enacted into law. such high caliber, on behalf of the grateful citi- Although he is leaving Capitol Hill, the 21st zens of Tennessee’s Fourth District, I extend Monday, February 6, 2017 Century Cures Act stands as a testament to a heartfelt thanks for his outstanding service Mr. GOTTHEIMER. Mr. Speaker, I rise his immeasurable contributions to this body. to this great country and wish him the very today, on her birthday, to honor the tireless Gary is a person of integrity and an incred- best in his retirement. dedication of Senator Loretta Weinberg to the ibly effective staffer. The American people people of New Jersey. Senator Weinberg has

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Sep 11 2014 01:44 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K06FE8.001 E06FEPT1 smartinez on DSK3GLQ082PROD with REMARKS E144 CONGRESSIONAL RECORD — Extensions of Remarks February 6, 2017 been a remarkable advocate for the people of fries at Loughmiller’s Pub & Eatery right Roll Call Vote No. 66—Motion to Suspend Bergen County for decades, serving first as across from the Indiana State Capitol. Truth the Rules and Pass, as Amended: To remove Assistant Administrator of Bergen County, on be told, Stan had the ideas, and I simply the sunset provision of section 203 of Public the Teaneck Council, then in the New Jersey worked to implement them. Law 105–384 and for other purposes—YES Assembly and now in the New Jersey State Another great Hoosier, former champion Roll Call Vote No. 67—Motion to Suspend Senate. She is currently the Senate Majority UCLA basketball head coach John Wooden the Rules and Pass, as Amended: Ocmulgee Leader. once said, ‘‘it’s amazing how much can be ac- Mounds National Historical Park Boundary Re- Majority Leader Weinberg has used every complished if no one cares who gets credit.’’ vision Act of 2017—YES post she’s held to fight tenaciously on behalf At his very core, Stan Jones exemplified that f of the people of New Jersey. She’s advocated ideal. relentlessly for making the investments in our You will be missed, my friend. HONORING THE CAREER OF MR. GEORGE MESKUS infrastructure that we need to keep our econ- f omy humming and create new jobs, for ethics and transparency in government, for strength- PROVIDING FOR CONGRESSIONAL HON. JIM COSTA ening our communities, and for women, and DISAPPROVAL OF A RULE SUB- OF CALIFORNIA MITTED BY THE SOCIAL SECU- for all of those left out of the circle of oppor- IN THE HOUSE OF REPRESENTATIVES RITY ADMINISTRATION tunity. Monday, February 6, 2017 I salute Weinberg for her strong and dogged voice, her countless accomplishments, and for SPEECH OF Mr. COSTA. Mr. Speaker, I rise today to her tireless advocacy on behalf of the people HON. JAMES R. LANGEVIN honor the career and achievements of Mr. George Meskus, outgoing Claims Representa- of New Jersey. I look forward to working with OF RHODE ISLAND tive at the Merced Social Security branch, and her to serve our mutual constituents in Bergen IN THE HOUSE OF REPRESENTATIVES County. lifelong resident of the San Joaquin Valley. In Thursday, February 2, 2017 f over 35 years of service to the Social Security Mr. LANGEVIN. Mr. Speaker, I rise today in Administration, Mr. Meskus has consistently HONORING STAN JONES opposition to H.J. Res. 40, disapproving of the shown his colleagues an exemplary degree of Social Security Administration’s (SSA) rule- dedication and passion for his work, earning HON. LUKE MESSER making on the Implementation of the NICS Im- praise from his coworkers and the community OF INDIANA provement Amendments Act of 2007. While I he’s served over the course of his tenure. IN THE HOUSE OF REPRESENTATIVES have reservations about the rule, I do not be- Mr. Meskus’s long life of service to the Monday, February 6, 2017 lieve the Congressional Review Act is the way United States began in 1975 with his enlist- Mr. MESSER. Mr. Speaker, I rise today to to fix it. ment in the U.S. Air Force, where he would honor a dear friend of mine—a policy leader Under the rule, individuals with a severe, remain until he began his career with the Mo- who dedicated his life to providing better edu- long-term mental disorder who SSA deter- desto Social Security branch in 1981. Mr. cational opportunities for Hoosier kids. His mines are unable to manage their benefits Meskus was initially hired as a Service Rep- work spanned decades. I am speaking of Indi- would be placed on the NICS list and prohib- resentative, but was quickly promoted to be- ana’s own, Stan Jones. ited from purchasing a firearm. That tens of come a Claims Representative, and eventually Most recently, Stan founded Complete Col- thousands of Americans die each year due to moved to the Merced Social Security branch lege America in order to build a network of gun violence is unconscionable, and I do be- to continue his services. states committed to substantially increasing lieve that the government has a role to play in Throughout his time at the Modesto and the number of Americans with a postsec- alleviating this public health crisis. Merced Social Security offices, Mr. Meskus ondary credential. However, as Co-Chair of the Bipartisan Dis- has gone above and beyond the expectations Earlier in his career, Stan was elected to the abilities Caucus, I understand the concerns of of his peers. He has displayed a keen aware- Indiana House of Representatives at age 24. many mental health and disability rights advo- ness of the sensitive nature which prefaces As a member of both the House Education cates that this rule also has the potential to many of the cases he processes, and always and State Budget committees, he developed perpetuate the stigma that people with psy- does so with the well-being of his clientele in expertise in higher education and higher-edu- chiatric or intellectual disabilities are more mind. He has proven to be a fast and efficient cation finance. All told, Stan served 16 years prone to violence, when they are often more employee, and frequently offers his peers di- in the Indiana state legislature and more than likely to be the victims of violence. I also be- rection and historical perspectives on com- five years as a senior advisor to Governor lieve the due process procedures in this rule plicated technical issues that so often face Evan Bayh. can and should be strengthened. Nonetheless, members of the Social Security Administration. His service as Indiana commissioner for I believe these concerns can be addressed His willingness to take on more than his fair higher education spanned 12 years and the without resorting to the Congressional Review share of cases has been invaluable to the pro- tenure of four different governors from both Act, and I cannot support this resolution of dis- ductivity of the branches that he has served. political parties. As commissioner, he was approval. Such selflessness will be deeply missed by credited as a primary architect of several land- This is particularly true as passage of the those who have been lucky enough to call Mr. mark education policy initiatives in Indiana. resolution of disapproval could limit SSA’s fu- Meskus their coworker. These initiatives included the 21st Century ture regulatory activity in this area and could Mr. Meskus’s decision to retire has been bit- Scholars program, an early promise scholar- discourage other ongoing efforts to improve ter-sweet news to process for many of his ship program aimed at increasing the number gun safety laws. I look forward to working with peers. The Social Security Administration is of low-income students attending and com- both the disability community and the Adminis- losing an integral colleague with a wealth of pleting a postsecondary education; the devel- tration to protect the rights of individuals with knowledge that has been essential to the effi- opment of Indiana’s new community college disabilities while maintaining the integrity of ciency of the branches he has served. The system; the creation of Indiana’s Education the rulemaking process. hard work and determination that he has dem- Roundtable; and the implementation of Core f onstrated throughout his career has earned 40, a college prep curriculum that has contrib- his well-deserved retirement to become a uted to a significant increase in high school PERSONAL EXPLANATION world traveler and to renew his devotion as a seniors going to college. father and grandfather. Stan was also instrumental in the high HON. RUBEN GALLEGO Mr. Speaker, I urge my colleagues to join school drop-out reform legislation that I au- OF ARIZONA me in recognizing the career and achieve- thored as a state legislator a decade ago. IN THE HOUSE OF REPRESENTATIVES ments of Mr. George Meskus. His stalwart Those reforms helped drive Indiana’s extraor- commitment to the greater cause of the Social Monday, February 6, 2017 dinary progress with its statewide graduation Security Administration has bettered the lives rate improving to nearly 90 percent—an al- Mr. GALLEGO. Mr. Speaker, I was unavoid- of countless people in Modesto and Merced. most 20 percent increase from a decade be- ably detained and was not present for two roll As he prepares to travel the world with his fore. call votes on Monday, January 30, 2016. Had wife, Gloria, we wish him the best of luck, and It is no exaggeration to say those reform I been present, I would have voted in this hope his journeys bring him a fruitful life in the ideas were hatched over cheeseburgers and manner: years to come.

VerDate Sep 11 2014 01:44 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\K06FE8.005 E06FEPT1 smartinez on DSK3GLQ082PROD with REMARKS February 6, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E145 RECOGNIZING THE NEW MEMBERS in New York City, cellphone service was se- The SANDy Act would recognize the critical OF THE NORTHEAST GEORGIA verely disrupted, forcing many callers to re- role that all communications providers—broad- BUSINESS HALL OF FAME peatedly dial to get through to 9–1–1 emer- casters, cable, and telecommunications— gency services. serve in emergencies, but most notably, the HON. DOUG COLLINS On that day, some of the most tragic, heart bill would ensure consumers have access to OF GEORGIA wrenching calls came from those trapped in wireless service even if their cellphone service IN THE HOUSE OF REPRESENTATIVES the Twin Towers. provider’s wireless network goes down. I urge my colleagues to join me in sup- Monday, February 6, 2017 It is not only during terrorist attacks that cellphone services are severely disrupted, but porting H.R. 588, the Securing Access to Net- Mr. COLLINS of Georgia. Mr. Speaker, I also natural disasters such as Hurricane works in Disaster Act. rise today to recognize three hardworking and Katrina, which claimed the lives of over 1,800 f tremendously accomplished men in our com- people. THANKING BERNARD E. BEIDEL munity. Mr. Randall Frost, Mr. Jim Mathis, and The SANDy Act would ensure that during an FOR HIS DEDICATED SERVICE TO Mr. Paul Maney will be inducted into the emergency, consumers’ cell phones work on THE HOUSE Northeast Georgia Business Hall of Fame for other carriers’ networks if a consumer’s own their exemplary public service, community in- network goes down. volvement, and business accomplishments. H.R. 588 would give priority to calls to 9–1– HON. GREGG HARPER Mr. Randall Frost grew up in Baxley, GA 1 services and emergency alerts. OF MISSISSIPPI where he learned the importance of hard It also would increase coordination between IN THE HOUSE OF REPRESENTATIVES work, responsibility, and service to his church wireless carriers, utilities, and public safety of- Monday, February 6, 2017 as well as his community. He is a managing ficials by creating a directory of the contact in- Mr. HARPER. Mr. Speaker, I rise today to partner with Steward, Melvin & Frost, which formation for relevant disaster response offi- acknowledge and thank Mr. Bernard E. Beidel offers a variety of services to their clients, cials. for his dedicated and unwavering support to from litigation to tax advice. Their firm The bill would require the FCC to report to the United States House of Representatives. prioritizes commitment to the Gainesville com- Congress regarding whether additional outage This month, Bern celebrates his twenty-sixth munity. data should be provided in times of emer- year of service to this great legislative body. Mr. Jim Mathis was the CEO of the North gency. For his entire time with this institution Bern Georgia Community Foundation which ‘‘sup- In addition, the bill requires the FCC to re- has served as the Director of the Office of ports nonprofit organizations by building, dis- port to Congress on the viability of providing Employee Assistance (OEA). tributing and preserving philanthropic assets to 9–1–1 services over Wi-Fi hotspots during Through his leadership and direction, Bern’s enhance the quality of life in the region.’’ They emergencies. office delivers comprehensive confidential as- have awarded more than $50 million in grants H.R. 588 would be of immense benefit to sistance covering an array of personal and and funding to high school students and col- the 18th Congressional District and the greater work-related issues that have the potential to lege students through 26 scholarships. Houston area. impact an employee’s performance, produc- Lastly, Mr. Paul Maney, a devoted commu- On April 17–18, 2016, Houston experienced tivity and well-being. nity member and philanthropist, was an execu- a historic flood event that claimed the lives of The idea to create the Office of Employee tive at IBM. Since his retirement, he has been eight people, damaged over 1,150 house- Assistance in the House of Representatives investing in small business across North Geor- holds, disrupted hundreds of businesses, was rooted in the Drug-Free Workplace Act of gia and supporting many nonprofit and civic closed community centers, schools, and 1988. This monumental legislation authorized organizations for hospitals and children places of worship due to flood waters. Employee Assistance grant programs in the groups. On April 25, President Obama granted the U.S. Department of Labor. Mr. Speaker, I am honored to recognize request for federal Individual Assistance for In February 1991, the Clerk of the House, these three distinguished men for their service Harris County residences and business own- Donnald K. Anderson, hired Bern to serve as to their businesses and communities. They are ers who were affected by severe weather and the Director of OEA. Immediately upon assum- shining examples of the hard work and dedi- flooding. ing this mantle, Bern began to build one of the cation that comes out of northeast Georgia. Unfortunately, that was not the end of the most recognized and respected employee as- f story of flooding in Houston for 2016—in early sistance programs in our Nation. In 1995, SECURING ACCESS TO NETWORKS June another record setting rainfall led to cata- OEA was transferred to the Chief Administra- IN DISASTER ACT OR SANDY ACT strophic flooding throughout the Houston area. tive Officer, where it resides today. I am grateful to President Obama and the Over the course of his tenure with the HON. SHEILA JACKSON LEE great work of those at the Department of House, Bern and his team have had a lasting Homeland Security who worked tirelessly to impact on individual employees within Member OF TEXAS help people after both 2016 flood events. offices and Committees. In addition, his team IN THE HOUSE OF REPRESENTATIVES I spoke on the House Floor several times serves employees who work for the House Of- Monday, February 6, 2017 about the Floods and the suffering caused by ficers, the Congressional Budget Office, and Ms. JACKSON LEE. Mr. Speaker, I rise in the waters that came through our commu- the USCP. The confidential nature of OEA’s support of H.R. 588, Securing Access to Net- nities—damaging homes, our schools, places services demand an individual who possesses works in Disaster Act, which requires the Fed- of business, and our places of worship. integrity, character, and trust. Bern exemplifies eral Communications Commission to submit to The flooding problems in the Houston area the qualities and characteristics of his profes- Congress and publish on the FCC website a are frequent, widespread, and severe, with sion. But it is truly Bern’s personality that study on the public safety benefits, technical projects to reduce flood risks in place that are serves as a beacon for all who know him. feasibility, and cost of providing the public with valued at several billion dollars. Mr. Speaker, based on the kindness, com- access to 9–1–1 services during times of In 2015, the Houston and surrounding area passion and love that Bern has for his work emergency when mobile service is unavail- experienced widespread historic flooding. and the House of Representatives, it is no sur- able. The importance of being able to contact prise that I am not the first Member of Con- As a senior member of the Homeland Secu- emergency responders in the case of natural gress to honor him with a statement for the rity Committee, I am well aware of the impor- disasters is critical in order to save the lives of CONGRESSIONAL RECORD. tance of telephone service during disasters. those directly affected by such events. First, on December 18, 2001, Bern and The Securing Access to Networks in Disas- The SANDy Act would provide telecommuni- OEA were recognized when they received the ters (SANDy) Act seeks to ensure the resil- cation access to victims of natural and man- EAP Excellence award which is jointly offered iency of the nation’s communications networks made disasters. by the EAP Digest and Employee Assistance during emergencies. The SANDy Act amends the Stafford Act to Professionals Association. Acquiring cellphone service during a mas- ensure that all communications providers: Then, on December 11, 2013, my friend and sive natural or manmade disaster is often dif- 1. Have the ability to access relevant dis- former colleague Congresswoman Candice ficult, if not impossible, and this is why this aster stricken areas during emergencies to re- Miller also had the distinct pleasure of recog- piece of legislation is so essential. store service; and nizing Bern as the recipient of the 2013 Life- During the September 11, 2001 terrorist at- 2. Are included in the universal credentialing time Achievement Award issued by the Em- tacks that destroyed the World Trade Center program for essential service providers ployee Assistance Professionals Association

VerDate Sep 11 2014 01:44 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A06FE8.004 E06FEPT1 smartinez on DSK3GLQ082PROD with REMARKS E146 CONGRESSIONAL RECORD — Extensions of Remarks February 6, 2017 (EAPA). This illustrious award is given to an The bill also amends the Internal Revenue Director, President, and permanent Chair of EAPA member who has made significant con- Code to increase criminal monetary and other the Finance Committee. Mr. Pistoresi also tributions to the employee assistance profes- penalties for attempts to: evade or defeat tax, served in the Chowchilla Chamber of Com- sion. In addition to this accolade, Bern was willful failure to file a tax return, supply infor- merce since 1970, where he had perfect at- also the recipient of the EAPA Member of the mation, or pay tax, aggravated failure to file tendance for 46 years. Year in 2002. tax returns, fraud and false statements, and To list every accomplishment and public Prior to his time in the House of Represent- underpayment or overpayment of tax due to service provided by Mr. Pistoresi would re- atives, Bern served as a drug specialist in the fraud. This offense will carry a maximum sen- quire far more time than we have here today. United States Coast Guard, where he had the tence of 10 years and a maximum fine of However, it should be stated firmly that few opportunity to hone his acute understanding of $50,000. people, if any, have served the community of employee assistance. He continued his career The Human Trafficking Fraud Enforcement Chowchilla in the same capacity, and with the in public service with the New Jersey State Act of 2017 also establishes a new felony of- same fervor as Mr. Pistoresi did throughout Police where he established the organization’s fense for an aggravated failure to file to in- the course of his long, fruitful life. He is re- employee assistance program. clude failure to file with respect to income or membered by his family and friends, including Based on his background with the New Jer- payments derived from activity which is crimi- his wife of 44 years, Velma, his sons Larry sey State Police, it is no surprise that Bern nal under Federal or State law. This will target Pistoresi, Jr., Jerry Danieli, and Kent Danieli, was instrumental in establishing a Memo- those involved in the promotion of commercial randum of Understanding with the U.S. Capitol sex acts—pimps and traffickers—and not con- his sisters Violet and Irene, his brother Monte, Police in 2000. Because of this important duct of exploited persons in prostitution. and many members of his extended family, 10 agreement, the men and women who guard Last, this bill directly benefits those who are grandchildren, 11 great-grandchildren, nieces, our campus have access to the outstanding victimized by the traffickers by revising current and nephews. services provided by the CAO’s Office of Em- IRS Whistleblower provisions so that women Mr. Speaker, I urge my colleagues to join ployee Assistance. and girls who choose to come forward to come in honoring the life and career of Mr. Larry Mr. Speaker, I am honored and humbled to operate in an investigation will be eligible to Pistoresi, Sr., one of the most recognizable stand before you and recognize Bern for his participate in the whistleblower program and and hard-working figures in the community of outstanding contributions and overall impact to may ultimately be granted up to 15% of any Chowchilla. The level of devotion he has pro- the House of Representatives. I also want to fines levied against the trafficker. vided to the people around him has proven to thank his current staff Lisbeth McBride, Jen- We must use every tool possible to take be an unparalleled catalyst for the growth and nifer Lavan, Paul Tewksbury, Margot Hawkins- down traffickers, who have often proven elu- advancement of Chowchilla. Green and all of the other staff members who sive to apprehend and prosecute. I urge my have served under Bern’s tutelage during the colleagues to cosponsor this important legisla- f past quarter century. tion. Finally, Mr. Speaker, I want to acknowledge f RECOGNIZING DR. JOHN SMITH Bern’s family. As you know, public service is an honorable and noble calling requiring great HONORING THE CAREER OF MR. sacrifices to our time. Therefore, I would like LARRY PISTORESI, SR. HON. DOUG COLLINS to thank Bern’s family, including his wife OF GEORGIA Donna, their daughters, sons-in-law, and HON. JIM COSTA grandchildren Jessica and Mather Hinders OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES (Lily and Emmett) and Cynthia and Jonn IN THE HOUSE OF REPRESENTATIVES Monday, February 6, 2017 Aitken (Alexander) for their generous devotion, Monday, February 6, 2017 unwavering support, and unconditional love. Mr. COLLINS of Georgia. Mr. Speaker, I Mr. Speaker, this legislative body and our Mr. COSTA. Mr. Speaker, I rise today to honor the life and career of Mr. Larry rise today to recognize Dr. John Smith for his grateful Nation owe Bern and his entire family work as the Senior Health Services Advisor for a debt of gratitude. Pistoresi, Sr., lifelong resident and deeply involved community member of Chowchilla. Mr. Gainesville’s own Fieldale Farms—one of the f Pistoresi’s unfailing drive to improve his com- largest independent poultry producers in the INTRODUCTION OF THE HUMAN munity has been an inspiration to countless world. TRAFFICKING FRAUD ENFORCE- others who have crossed his path. His gen- Dr. Smith holds a degree in veterinary medi- MENT ACT OF 2017 uine character and love for the people of cine from the University of Georgia, a master Chowchilla will be deeply missed by those for- of science in medical microbiology, and a HON. CAROLYN B. MALONEY tunate enough to have known him. master of avian medicine in poultry. He joined OF NEW YORK Larry Pistoresi, Sr. was born in Berenda, Fieldale Farms in 1991 and has continuously IN THE HOUSE OF REPRESENTATIVES California and raised in Chowchilla, where he dedicated himself to the poultry and egg in- spent his childhood and teenage years attend- dustry since that time. In 2004, Dr. Smith re- Monday, February 6, 2017 ing local schools. After graduating from ceived USPOULTRY’s Lamplighter Award for Mrs. CAROLYN B. MALONEY of New York. Chowchilla High School in 1942, Mr. Pistoresi exemplary service to the poultry and egg in- Mr. Speaker, I rise to reintroduce the Human served in the United States Air Force for 3 dustry. He has been an active member of the Trafficking Fraud Enforcement Act of 2017 years, and returned to Chowchilla to work as USPOULTRY Foundation Research Advisory with my colleague Rep. TED POE. a car salesman with his father, Pete. After sur- Committee for 16 years, and has taken many In March 1931, the infamous gangster, Al mounting great success as a car salesman, steps in order to foster the success of Geor- Capone, was ultimately indicted for tax fraud. Mr. Pistoresi eventually joined Pistoresi Chev- gia’s poultry industry. Today the IRS Criminal Investigations division rolet in partnership with his father, and brother continues to play a vital role in proving crimi- Monte. After selling Pistoresi Chevrolet, Mr. Each year, the Workhorse of the Year collar nal activity and fraud. I believe that the IRS Pistoresi continued working as a car salesman is awarded to an individual who has shown can play a similar role in cracking down on at Steve’s Chevrolet until he celebrated his steadfast service and valuable leadership to criminals profiting from human trafficking and 92nd birthday. USPOULTRY and the poultry industry. prostitution. As a public figure and role model for the Dr. Smith was awarded the Workhorse of This bill authorizes $4 million to establish an people of Chowchilla, Mr. Pistoresi’s track the Year Award at the International Poultry office within the IRS to prosecute sex traf- record has excelled above and beyond what Expo in Atlanta as a direct result of his loyalty, fickers for violations of tax laws. The office most would consider as impressive. Mr. dedication, and leadership within the would focus on the willful failure of traffickers Pistoresi joined the Chowchilla Rotary Club in USPOULTRY organization and Fieldale to file returns, supply information, or pay tax 1949 when he was 25 years old, and did not Farms. The presentation of these awards to where the taxpayer is an ‘‘aggravated’’ non- miss a single meeting for 68 years. He was a Dr. Smith shows that his service has bene- filer. In addition, the office would coordinate founder of the Board of Directors of the fitted the poultry industry in northeast Georgia closely with existing task forces focused on Chowchilla District Memorial Hospital, which and at a national level. I commend Dr. Smith sex trafficking offenders in the Department of was created in 1954, and has served under for service that has strengthened a local com- Justice. virtually every position on the Board, including munity and respected industry.

VerDate Sep 11 2014 01:44 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A06FE8.006 E06FEPT1 smartinez on DSK3GLQ082PROD with REMARKS February 6, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E147 TRIBUTE TO DARYL BUSCH When the New England Forward Capacity Currently, Rand’s main focus is working on Market Auction issue was addressed by the scouting team. During his college career, HON. KEN CALVERT FERC, the Commissioners split evenly over he has played in nine games, for a total of 19 OF CALIFORNIA the question of whether the auction results minutes, and he’s still working to score his first IN THE HOUSE OF REPRESENTATIVES were just and reasonable. career points for the Jackets. On and off the Monday, February 6, 2017 Since FERC did not disapprove the auction court, Rand has been made a valuable asset results, wholesale electricity prices in New to his team. I congratulate Rand on receiving Mr. CALVERT. Mr. Speaker, I rise today to England increased dramatically. this scholarship at Georgia Tech, which he honor and pay tribute to an individual whose So, while rates went up, none of the af- has said encourages him to follow his dreams dedication and contributions to Riverside fected parties could challenge the decision or and become a coach. County, California, are exceptional. Last resulting rate increase, and, therefore, no re- Mr. Speaker, I am honored to recognize the month, Daryl Busch completed his service on hearing or judicial review was possible. diligence and dedication this young man has the Board of Directors of the Southern Cali- H.R. 587 provides those who want to chal- shown to his team and to his dream. Rand is fornia Regional Rail Authority (‘‘Metrolink’’). He lenge a similar rulings or non-decisions by a role model for fellow students and team began his service on the Board in January of FERC the ability to challenge the decision ad- members, and a source of pride for Northeast 2005 and served as Vice Chair between the ministratively or in the courts. Georgia. years of 2015 and 2016. The bill ensures that stakeholders have re- f Daryl Busch brought valuable expertise to course when a non-decision by FERC has the Board through his service as Mayor of the very real consequences for consumers, pro- RECOGNIZING THE PROFESSIONAL City of Perris and commissioner of the River- ducers and others. ACHIEVEMENTS OF MR. VAL side County Transportation Commission. Daryl This bill would also improve the process by MCWHORTER ushered in a new era of service that included which FERC votes are reconsidered. a fourteen percent service expansion, the in- I ask my colleagues to join me in supporting HON. GERALD E. CONNOLLY troduction of express trains, bike cars, quiet H.R. 587. OF VIRGINIA cars, service to sporting events throughout the f IN THE HOUSE OF REPRESENTATIVES region, and increased coordination with other regional transit providers including airports. PERSONAL EXPLANATION Monday, February 6, 2017 During Daryl’s service at Metrolink, major cap- Mr. CONNOLLY. Mr. Speaker, I rise to rec- ital projects were pursued including the pro- HON. TOM REED ognize my constituent, Val McWhorter, for his curement of the Guardian Fleet, the new Tier OF NEW YORK inclusion in the 23rd edition of The Best Law- 4 locomotives, development of the Ground IN THE HOUSE OF REPRESENTATIVES yers in America in the practice areas of Arbi- Power Plug-In program, Positive Train Control tration, Construction Law, and Mediation, and and Perris Valley Line Expansion. Monday, February 6, 2017 for his designation as the 2017 Lawyer of the Daryl brought a tremendous amount of pas- Mr. REED. Mr. Speaker, on Friday February Year in the practice area of Construction Law sion and enthusiasm to the agency, as he 3, 2017, I was unable to vote on roll call vote in Washington, D.C. A testament to his stand- helped increase ridership on Metrolink, result- No. 78: Passage of H.J. Res. 36, Providing for ing in the field of Construction Law, these ing in reductions in traffic congestion and air congressional disapproval under chapter 8 of well-deserved honors were awarded to Mr. emissions, and providing Southern California title 5, United States Code, of the final rule of McWhorter on the basis of high praise and commuters with a safe, reliable, efficient, and the Bureau of Land Management relating to feedback from both his peers and clients alike. cost-effective means to travel. Daryl also Waste Prevention, Production Subject to Roy- Such acclamations of Mr. McWhorter’s work helped institute an enhanced safety culture at alties, and Resource Conservation, Had I should come as no surprise, given the more Metrolink; he was essential to the implementa- been present, I would have voted ‘‘yes.’’ than $500,000,000 he has recovered on be- tion of lifesaving equipment onboard Metrolink f half of his clients in state and federal court, trains such as crash energy management mediations, and private negotiations. technology and inward and outward facing RECOGNIZING RAND ROWLAND Additionally, I want to congratulate Mr. cameras. McWhorter on the 25th anniversary of his in- I have had the privilege of knowing Daryl HON. DOUG COLLINS duction into The Moles Organization, a na- Busch for many years. Daryl’s contributions to OF GEORGIA tional organization of individuals involved in the Metrolink system have generated an admi- IN THE HOUSE OF REPRESENTATIVES the completion of heavy construction projects, rable legacy as well as many friends and col- Monday, February 6, 2017 including tunnels, bridges, highways, and leagues that will miss him. I applaud Daryl’s dams. Founded in 1936, The Moles Organiza- service and I will truly miss working with him. Mr. COLLINS of Georgia. Mr. Speaker, I tion is a respected institution whose members His service and his achievements will have a rise today to recognize the hard work of a represent the best of American industry. First longstanding and truly positive impact on our Georgia Tech basketball player. Rand Row- elected to membership in 1991, Mr. community. land started on the team as a walk-on, but re- McWhorter’s commitment to The Moles Orga- f cently received a scholarship to play basket- nization led to his appointments last year to FAIR RATEPAYER ACCOUNT- ball for his final semester. both the Publicity Committee and the Award ABILITY, TRANSPARENCY, AND Rand arrived at Georgia Tech from White Committee. Mr. McWhorter’s longtime mem- EFFICIENCY STANDARDS ACT County High School in Northeast Georgia in bership, and his recent leadership, in this es- 2013, and spent most of his college career as teemed organization deserve much recogni- a practice player with the Yellow Jackets. Rec- tion. HON. SHEILA JACKSON LEE ognized by head coach Josh Pastner as a OF TEXAS Mr. Speaker, I ask my colleagues to join me ‘‘phenomenal young man,’’ Rand worked con- IN THE HOUSE OF REPRESENTATIVES in commending Val McWhorter on his remark- stantly with the team to improve its overall able achievements, and in thanking him for his Monday, February 6, 2017 performance in any way that he could—even years of contribution to the practice of Con- Ms. JACKSON LEE. Mr. Speaker, I rise in as a practice partner. His commitment to the struction Law in the Washington, D.C. region. support of H.R. 587, the Fair Ratepayer Ac- team did not go unnoticed. f countability, Transparency, and Efficiency Assistant coach Eric Reveno said in regards Standards Act (Fair RATES Act), which to the decision to award Rand the scholarship, TRIBUTE TO NATASHA JOHNSON amends the Federal Power Act to permit ad- ‘‘What we do as basketball coaches isn’t al- ministrative and judicial review of any rate ways fair, the right guys don’t get rewarded all HON. KEN CALVERT change filed by a public utility that takes effect the time, it’s nice when the right things do OF CALIFORNIA without the approval of the Federal Energy happen.’’ IN THE HOUSE OF REPRESENTATIVES Regulatory Commission (FERC). Rand earned his business degree in De- The need for this change became evident in cember, and is now beginning a second de- Monday, February 6, 2017 the wake of a New England Forward Capacity gree in the School of History and Sociology, Mr. CALVERT. Mr. Speaker, I rise today to Market Auction in 2014, which occurred at a hoping to become a college basketball coach honor and pay tribute to an individual whose time when FERC only had 4 Commissioners. himself, one day. dedication and contributions to the community

VerDate Sep 11 2014 01:44 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A06FE8.010 E06FEPT1 smartinez on DSK3GLQ082PROD with REMARKS E148 CONGRESSIONAL RECORD — Extensions of Remarks February 6, 2017 of Lake Elsinore in Riverside County, Cali- The legislation adds a definition of ‘‘spoofing After returning home from WWII, he pursued fornia are exceptional. On Saturday, February service’’ to the statute, addressing the growth ways to invest in his local community. 11, 2017 Natasha Johnson will be honored as of services that allows a user to knowingly In 1981, he graduated from the National the Citizen of the Year by the Lake Elsinore transmit misleading or inaccurate caller identi- Fire Academy in Emmitsburg, Maryland. A.B. Chamber of Commerce. fication information. then returned to his hometown and joined the Natasha is a manager of a local credit union In addition, it extends the prohibitions to any Gainesville Fire Department, where he worked and a strong advocate for Lake Elsinore. In person or service placing an international call for 34 years. This is especially significant to 2012, Natasha was elected to the Lake to a recipient within the United States. me, as I was honored to serve as chaplain of Elsinore City Council, where she continues to Additionally, H.R. 423 will revise the defini- the Gainesville Fire Department. serve after being re-elected in 2016. As an tions of ‘‘caller identification information’’ and In the community, A.B. enjoyed coaching elected official, Natasha has worked tirelessly ‘‘caller identification service’’ to include text the local junior football team and was a big to establish a more sustainable economic de- messages sent using a text messaging serv- supporter of Gainesville sports. He was known velopment base in Lake Elsinore to create ice. as a mentor to many young men within the more jobs and demonstrate that our commu- It defines ‘‘text message’’ as real-time mes- community, and especially in the fire depart- nity is a great place for families to live, work sages consisting of text, images, sounds, or ment. His friends and colleagues nicknamed and play. other information transmitted from or received him ‘‘Old Dad’’ and ‘‘The Storyteller’’ because Natasha has served our region through her by a device identified by a telephone number. of the presence he had in their lives. participation in organizations such as the Boy It also includes in the definition both, real- Mr. Speaker, I am honored to recognize the Scouts of America, H.O.P.E, Operation Home- time and two-way voice or video communica- service that Alonzo Brantley Sailors has dedi- front, and New Song. She also serves on the tions, addressing the emerging law enforce- cated to his country and community. He was Board of Directors for the Elsinore Woman’s ment issue of ‘‘swatting’’ by which people can a loving husband, father, and friend and is a Club, Boy Scout Advisory, and United Way. purposefully misdirect valuable, police efforts great representation of the people of northeast Natasha is also a past President for the Lake and resources. Georgia. Elsinore Chamber of Commerce. This bill takes the right approach targeting f In light of all that Natasha has done for the behavior, while protecting innovations that are HONORING THE LIFE OF LOUISE B. community of Riverside County and the city of important to the digital economy. GABRIEL Lake Elsinore, it is only fitting to honor her as As the Ranking Member of the Judiciary Citizen of the Year. Natasha has contributed Subcommittee on Crime, I understand the vital HON. TED LIEU immensely to the betterment of our region and need to safeguard against caller identification OF CALIFORNIA I am proud to call her a fellow community spoofing. IN THE HOUSE OF REPRESENTATIVES member, American and a constituent of the For example, women’s abuse shelters and 42nd Congressional District of California. I add law enforcement officers working undercover Monday, February 6, 2017 my voice to the many who will be congratu- have a need to protect their clients’ identities. Mr. TED LIEU of California. Mr. Speaker, I lating Natasha Johnson on being named Cit- This bill seeks to target those who have the rise to celebrate the life of Louise B. Gabriel— izen of the Year by the Lake Elsinore Cham- intent to cause harm or commit a crime. mother, grandmother, wife, philanthropist, au- ber of Commerce. I support this legislation because it protects thor, and visionary—who passed away on f the consumer from criminal behavior, while January 10, 2017. protecting our fundamental right to privacy. Louise lived her life to the fullest with great IN SUPPORT OF H.R. 423, ANTI- f passion, humor, love and dedication to com- SPOOFING ACT OF 2017 munity. Born in Detroit, Michigan, she was one PERSONAL EXPLANATION of eleven children. At the age of five, her fam- HON. SHEILA JACKSON LEE ily lost their farm in a fire, taking with it all of OF TEXAS HON. CHERI BUSTOS her family’s possessions and cherished me- IN THE HOUSE OF REPRESENTATIVES OF ILLINOIS mentos. It was this experience of loss that instilled in Louise a desire to preserve history. Monday, February 6, 2017 IN THE HOUSE OF REPRESENTATIVES In 1946, she married Bob Gabriel, an Officer Ms. JACKSON LEE. Mr. Speaker I rise in Monday, February 6, 2017 in the United States Navy. Together, they support of H.R. 423, the Anti-Spoofing Act of Mrs. BUSTOS. Mr. Speaker, on the Legisla- moved to West Los Angeles, and eventually 2017, which amends the Communications Act tive Day of January 30, 2017, a series of made their home in Santa Monica, a commu- of 1934, to make it unlawful to cause a caller votes were held. Had I been present for the nity with ‘‘the ocean and palm trees,’’ that Lou- identification service to knowingly transmit in- last of these roll call votes, I would have cast ise loved. Together, the couple celebrated 60 accurate caller identification information with the following vote: years of marriage and worked to support the the intent to: Roll Call 67—I vote YES. City of Santa Monica. defraud, f Louise Gabriel was a champion of local cause harm, or Santa Monica history, and dedicated her life to wrongfully obtain anything of value. RECOGNIZE ALONZO BRANTLEY preserving the community’s unique back- Spoofing is a practice in which a phone SAILORS ground. With her husband Bob, Louise helped number shown on a phone or caller identifica- bring the Santa Monica History Museum to tion device deliberately is falsified. HON. DOUG COLLINS life, an institution dedicated to the preservation Spoofing is a commonly used tool for a OF GEORGIA of the history, art and culture of the Santa number of illegal practices, including IN THE HOUSE OF REPRESENTATIVES Monica Bay Area. For 27 years, Louise served ‘‘phishing’’ for personal information and ‘‘swat- as the museum’s President and helped find Monday, February 6, 2017 ting’’—calling in a fictitious crime in progress the permanent home that it still resides in in order to generate a police response. Mr. COLLINS of Georgia. Mr. Speaker, I today. With the museum, Louise left a legacy The Truth in Caller ID Act of 2009 prohibits rise today to honor the life of a respected that will live on for future generations to enjoy spoofing of voice caller identification informa- member of the Gainesville, Georgia commu- as they learn about the history of the Santa tion. However, as communications methods nity, Alonzo Brantley Sailors, Jr., who passed Monica Bay Area. and consumer habits continue to evolve, so do away peacefully, surrounded by family on Jan- Louise overcame tremendous obstacles in the attempts by third parties to gain personal uary 23. He chose to dedicate his life to serv- her life without complaint by taking life one information for criminal use. ice within his community and to our country. day at a time. As she was famous for saying, Many Americans now rely on text mes- A.B., as his friends and family called him, ‘‘I cried about having no shoes until I saw saging to stay connected. was born on December 29, 1933. He grad- someone with no feet,’’ a motto her family According to CTIA, in 2015, Americans sent uated from Gainesville High School in 1954, continues to live by. She is survived by her over 156 billion text messages per month. where he lettered in football, basketball, and children Susan Gabriel Potter, Robb Gabriel, H.R. 423, the Anti-Spoofing Act, will extend track. After graduation, A.B. enlisted in the Sharyl Gabriel Szydlik, her sisters Josephine the provisions of the Truth in Caller ID Act to draft and served our country for two years in Van Buren and Elaine Bruner, her sons-in-law include text messaging and text messaging West Berlin, where he spent 21 months sta- Pat Potter and Joseph Szydlik, her grand- services. tioned as a medic for the United States Army. children, and her many nieces and nephews.

VerDate Sep 11 2014 01:44 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A06FE8.015 E06FEPT1 smartinez on DSK3GLQ082PROD with REMARKS February 6, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E149 Though we have lost a champion and advo- of methane emissions each year, which is safety answering points (PSAP) originate from cate for Santa Monica, I hope that her family equivalent to removing nearly 1 million vehi- them. and friends take comfort in the way Louise cles from our roads. U.S. emergency dispatch agencies report lived her life as an accomplished and astound- As a leading member on the House Energy that wireless callers are responsible for at ing woman. May her memory be a blessing to and Commerce Committee, I have long been least 80 percent of their emergency call vol- us all. a champion for a cleaner, healthier environ- ume. f ment for all New Yorkers and the American For these reasons, I urge my colleagues to people. I have relentlessly fought to close In- Support H.R. 582, Kari’s Law Act of 2017. RECOGNIZING THE RETIREMENT dian Point, oppose the Spectra Algonquin f OF MICHELE Y. EVANS FROM Pipeline, and resist the plan to anchor barges THE GOVERNMENT PUBLISHING carrying crude oil along the Hudson River. WELCOME ANYA CHIRAG SHAH OFFICE I will continue fighting to stop Republicans in Congress from undermining our environmental HON. JOE WILSON HON. GERALD E. CONNOLLY regulations and turning back the clock to a OF SOUTH CAROLINA OF VIRGINIA time when corporations could pollute un- IN THE HOUSE OF REPRESENTATIVES checked. IN THE HOUSE OF REPRESENTATIVES Monday, February 6, 2017 f Monday, February 6, 2017 Mr. WILSON of South Carolina. Mr. Speak- Mr. CONNOLLY. Mr. Speaker, I rise to rec- IN SUPPORT OF H.R. 582, KARI’S er, I am happy to congratulate Chirag Shah ognize my constituent, Michele Y. Evans, for LAW ACT OF 2017 and his wife, Sejal, on the birth of their daugh- her recent retirement from the Government ter. Anya Chirag Shah was born at 6:18 p.m. Publishing Office after 29 years of service. Ms. HON. SHEILA JACKSON LEE on Sunday, January 15, 2017, at Georgetown Evans began her career at GPO in October OF TEXAS University Medical Center in Washington, D.C. 1987 as a Supply Clerk in the Springbelt IN THE HOUSE OF REPRESENTATIVES Anya weighed eight pounds and eleven Warehouse in Springfield, Virginia. In 1991, Monday, February 6, 2017 ounces and measured 21 inches long. She is she became a Micrographics Tech and in the first child for the happy couple and I look Ms. JACKSON LEE. Mr. Speaker, I rise in 1993 she was promoted to Supervisory Micro- forward to watching her grow as she is raised support of H.R. 582, the Kari’s Law Act of graphics Tech before eventually assuming the by talented parents who will be dedicated to 2017, which amends the Communications Act position of Publications Manager Specialist. her well-being and bright future. of 1934 to require multi-line telephone sys- In 2004, Michele joined the Apprenticeship I would also like to congratulate Anya’s tems to have a configuration that permits Program, which trained her as Printer, Proofer, grandparents, Kamal and Jagruti Shah of users to directly initiate a call 9–1–1 without and Journey Person. In 2006, after graduating Mequon, Wisconsin, and Vikram and Kalpana dialing any additional digit, code, prefix, or from the Apprenticeship program, Michele Bavishi of Secaucus, New Jersey. Congratula- post-fix. tions to the entire Shah and Bavishi families went to work in the proof room, where she As a senior member of the House Commit- as they welcome their newest addition of pure worked in copy/mark-up and night side/bill tees on Homeland Security and Judiciary, I pride and joy. end. In 2010, Michele was selected for the am well aware of the importance of 9–1–1 GPO detailee program, and was attached to services and some of the challenges of E–9– f the Office of the Clerk, Office of Legislative 1–1 to ensure that those seeking emergency TRIBUTE TO STEVE MANOS Operations, House Enrolling section. Her dedi- assistance receive the help they need. cation and disposition made her a perfect fit H.R. 582 would create parity for landline 9– for the section, and her attention to detail and 1–1 services and smartphone E9–1–1 serv- HON. KEN CALVERT years of experience made Michele an invalu- ices so that emergency assistance request OF CALIFORNIA able member of the enrolling team. from either is treated the same. IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I ask my colleagues to join me The bill requires that those engaged in the Monday, February 6, 2017 in congratulating Ms. Evans on her retirement manufacturing, importation, sale, and lease of Mr. CALVERT. Mr. Speaker, I rise today to and in thanking her for her years of service to telecommunication service or devices pre-con- honor and pay tribute to an individual whose this chamber as she returns to her hometown figured technology to dial 9–1–1. dedication and contributions to the community of Jacksonville, North Carolina to start the The goal of H.R. 582 is to ensure that all of Lake Elsinore in Riverside County, Cali- next chapter of her life. emergency calls regardless of the source are fornia are exceptional. On Saturday, February f routed properly to emergency services. Kari’s Law is not intended to alter the au- 11, 2017 Steve Manos will be honored as the PERSONAL EXPLANATION thority of State commissions or other State or Citizen of the Year by the Lake Elsinore local agencies with jurisdiction over emer- Chamber of Commerce. HON. ELIOT L. ENGEL gency communications. Born in Santa Monica and raised in Lake OF NEW YORK The establishment of the Kari’s Law Act ac- Elsinore, Steve is a 29-year Lake Elsinore IN THE HOUSE OF REPRESENTATIVES knowledges the importance of the configura- resident. In 2012, Steve was elected to serve as a Council Member for the City of Lake Monday, February 6, 2017 tion of multi-line telephones systems for direct dialing for 9–1–1. Elsinore, for which he served as Mayor in Mr. ENGEL. Mr. Speaker, I was unavoidably Over the past two decades, the personal 2015. As an elected official Steve serves on detained and unable to attend session on Fri- communications of Americans have changed. several regional organizations. He has served day, February 3, due to personal reasons. The Wireless Association reported that the as Chair of the Riverside County Habitat Con- Had I been present, I would have voted no on penetration of cellular devices surpassed 100 servation Agency, Commissioner on the Air- H.J. Res. 36, roll call No. 78, which provided percent in 2012, and as of the latest 2014 report Land Use Commission, and represents all for congressional disapproval of President port, penetration is now at 110 percent. of the cities in the County of Riverside as the Obama’s Methane Waste Prevention Rule. According to the Pew Research Center, 68 State Director for the League of California Cit- I am outraged by House Republican efforts percent of U.S. adults have a smartphone, up ies. During his term Steve was proud to im- to overturn substantial environmental policies from 35 percent in 2011, and tablet computer prove public safety by voting to staff and re- of the Obama Administration, including and ownership has edged up to 45 percent among open the Rosetta Canyon Fire Station and add especially the Methane Waste Prevention adults, according to newly released survey peace officers to the City’s police force. Rule. This rule caps, for the first time, the data from the Pew Research Center. Steve has a great passion for economic de- amount of methane that oil and gas producers Smartphone ownership is nearing the satu- velopment and during his term he has actively operating under federal leases are allowed to ration point with some groups: 86 percent of recruited new businesses—hundreds of new ‘‘flare,’’ or burn as waste. It also prohibits op- those ages 18–29 have a smartphone, as do businesses have opened in Lake Elsinore erators from releasing or ‘‘venting’’ natural gas 83 percent of those ages 30–49 and 87 per- since 2012, bringing over one thousand new into the atmosphere, and requires them to recent of those living in households earning jobs. He has been a relentless, unapologetic place equipment that allows large amounts of $75,000 and up annually. ambassador for the City. Steve is a devoted methane to ‘‘bleed’’ into the air. This rule With so many mobile devices deployed the volunteer and charitable contributor having would result in 175,000 to 180,000 fewer tons majority of calls to 9–1–1 emergency public served at the local school district, his church,

VerDate Sep 11 2014 01:44 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A06FE8.019 E06FEPT1 smartinez on DSK3GLQ082PROD with REMARKS E150 CONGRESSIONAL RECORD — Extensions of Remarks February 6, 2017 and community. He is a founding member of IN SUPPORT OF H.R. 460, IMPROV- TRIBUTE TO DR. GEORGE BELOZ Lake Elsinore’s major disaster Citizen Emer- ING RURAL CALL QUALITY AND gency Response Team. RELIABILITY ACT OF 2017 HON. KEN CALVERT In light of all that Steve has done for the OF CALIFORNIA community of Riverside County and the city of HON. SHEILA JACKSON LEE IN THE HOUSE OF REPRESENTATIVES Lake Elsinore, it is only fitting to honor him as Monday, February 6, 2017 Citizen of the Year. Steve has contributed im- OF TEXAS mensely to the betterment of our region and I IN THE HOUSE OF REPRESENTATIVES Mr. CALVERT. Mr. Speaker, I rise today to honor and pay tribute to an individual whose am proud to call him a fellow community Monday, February 6, 2017 member, American and a constituent of the dedication and contributions to Riverside 42nd Congressional District of California. I add Ms. JACKSON LEE. Mr. Speaker, I rise in County, California, are exceptional. After ten my voice to the many who will be congratu- support of H.R. 460, the Improving Rural Call years of exemplary service, Dr. George Beloz lating Steve Manos on being named Citizen of Quality and Reliability Act of 2017, which is stepping down as President of the Greater the Year by the Lake Elsinore Chamber of amends the Communications Act of 1934 to Corona Hispanic Chamber of Commerce. Dr. Beloz was born in Chicago and grew up Commerce. require voice communications that charge users to register with the FCC and comply in an ethnically diverse neighborhood, where f with service quality standards to be estab- he was interested in fine arts and fishing. At INTRODUCTION OF THE BUREAU lished by the FCC. an early age he sold daily newspapers on OF RECLAMATION WATER The bill, should it become law, prohibits South Lakeshore Drive in Chicago, worked for PROJECT STREAMLINING ACT OF long-distance providers from using an internet Fannie Mae as a teenager and played the 2017 provider to transmit voice communications and piano at church. After a couple of years in col- signals unless the intermediate provider is reg- lege, George was drafted into the Army and HON. DAN NEWHOUSE istered. was assigned to Heidelberg, Germany where his wife joined him and they lived off-post and OF WASHINGTON H.R. 460 would require the FCC to: traveled throughout Europe while stationed IN THE HOUSE OF REPRESENTATIVES 1. Ensure the integrity of voice communications to all customers in the United States there. After his military service he returned to Monday, February 6, 2017 2. Prevent unjust or unreasonable discrimi- college and completed his Bachelor’s, Mas- Mr. NEWHOUSE. Mr. Speaker, I rise today nation across areas of the United States in the ter’s and PhD degrees, the latter two with the to introduce my legislation, the Bureau of Rec- delivery of voice communications; and assistance of the GI Bill. He received his PhD lamation Water Project Streamlining Act. This 3. Make a registry of intermediate providers from Southern Illinois University. After college, legislation will help many communities in the publicly available on the FCC website. Dr. Beloz was recruited into the Foreign Serv- ice and worked for the U.S. Department of west that have been severely impacted by the H.R. 460, the Improving Rural Call Quality State for seven years learning the ropes in the recent droughts affecting the western United and Reliability Act of 2016, would seek to en- Asian, the Middle Eastern and Latin American States. The legislation requires the Bureau of sure that calls to Americans living in the rural regional areas. Reclamation to accelerate studies and provide areas of our country actually make it through Dr. Beloz left the Foreign Service and held more accountability in the agency’s process to to the intended receiver. several administrative and educational assign- study the feasibility of new and/or expanded Making sure a call goes through, regardless surface water storage, rural and Title XVI ments in the Orange County College District. of where it is being made, is fundamental to He and his wife, Ruth, moved to Corona in water projects, as well as water recycling our communications system. projects. By streamlining Reclamation’s envi- 1983. Since moving to Corona, he was a can- H.R. 460 that would require the Federal ronmental planning and study process for didate for the School Board in 1989 and Communications Commission (FCC) to estab- these water projects, the bill will ensure that served on the Board of Trustees for the Co- lish basic quality standards for providers that communities in the arid West can address the rona Public Library from 1993 to 1997. Dr. transmit voice calls to consumers, among critical need for water supplies that grow with Beloz was appointed to the Citizens Oversight other things. demand. This is accomplished by applying the Committee for Measure C, the $169 million same streamlined water project development The Senate Commerce Committee adopted bond issue affecting Riverside City College, process used by the U.S. Army Corps of Engi- an amendment in the nature of a substitute Moreno Valley and Norco campuses. In 2016, neers, which were established under the (AINS) that made the following changes: Dr. Beloz was appointed to the Corona Re- Water Resources Reform Development Act of 1. Extends deadlines for service quality gional Medical Center Board of Governors. 2014, to the Bureau of Reclamation for sur- standards for intermediate providers from 180 For the last ten years he has headed up the face water, storage, infrastructure, and recy- days to one year, Greater Corona Hispanic Chamber of Com- cling projects. 2. Exempts intermediate providers that have merce (GCHCOC) by planning engaging Water is an indispensable resource in Cen- been certified as a safe harbor provider; and evening meetings at Miguel’s restaurant with a tral Washington and is the foundation on 3. Amends the definition of intermediate pro- wide variety of speakers on topics of commu- which our future will be built. However, water vider. nity interest that have contributed to increasing has become increasingly limited and the cur- I urge my colleagues to join me in sup- GCHCOC membership. rent supply and infrastructure is unable to porting H.R. 460, the Improving Rural Call Dr. Beloz has contributed immensely to the meet existing human and environmental Quality and Reliability Act of 2017. betterment of our community and I am proud needs. The droughts and water shortages that to call him a fellow community member, Amer- have impacted much of the western U.S. high- f ican and my friend. To conclude, Mr. Speaker, I want to thank Dr. Beloz for his service to Co- light the critical need for new water supplies PERSONAL EXPLANATION that are able to meet this growing demand. A rona—his dedication, insight and passion will streamlined process for new water storage be greatly missed. projects is vital to prepare effectively for HON. NORMA J. TORRES f droughts and provide adequate water re- OF CALIFORNIA IN SUPPORT OF H.R. 511, POWER sources for future development. This bill im- IN THE HOUSE OF REPRESENTATIVES AND SECURITY SYSTEMS (PASS) proves the Bureau of Reclamation’s permitting Monday, February 6, 2017 ACT OF 2017 process to create new opportunities for water storage, recycling, and rural water projects. Mrs. TORRES. Mr. Speaker, due to a con- HON. SHEILA JACKSON LEE Put simply, my bill reforms the current cum- flict, I unavoidably missed the following vote OF TEXAS bersome and lengthy process so that there is on February 2. Had I been present I would IN THE HOUSE OF REPRESENTATIVES a mechanism to build new water and infra- have voted as follows: On roll call No. 77, I structure projects in Central Washington and would have voted ‘‘nay’’ on H.J. Res. 40, Pro- Monday, February 6, 2017 across the west. viding for congressional disapproval under Ms. JACKSON LEE. Mr. Speaker, I rise in I welcome all members to join me in sup- chapter 8 of title 5, United States Code, of the support of H.R. 511, the Power and Security porting this legislation and I urge its swift pas- rule submitted by the Social Security Adminis- Systems Act of 2017, which will revise energy sage through the U.S. House of Representa- tration relating to Implementation of the NICS conservation standards for devices operating tives and U.S. Senate. Improvement Amendments Act of 2007. in standby mode.

VerDate Sep 11 2014 01:44 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A06FE8.024 E06FEPT1 smartinez on DSK3GLQ082PROD with REMARKS February 6, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E151 In the early 1970s, I, recall, as many of my occur due to weather or other electricity dis- of Montana, S. 63, to clarify the rights colleagues do, the impact to our nation’s ruption. of Indians and Indian tribes on Indian economy when OPEC nations withheld oil The longer power life for cellphones will lands under the National Labor Rela- from the United States, causing one of the benefit consumers by reducing the amount of tions Act, S. 91, to amend the Indian electricity needed to recharge their personal Employment, Training and Related greatest peace-time energy shortages in Services Demonstration Act of 1992 to United States history. devices. facilitate the ability of Indian tribes to One of the remedial steps taken by the Car- This bill will also benefit businesses that integrate the employment, training, ter Administration was the promulgation of often have many computers that when in use and related services from diverse Fed- regulations that required large appliances and can consume electricity if left on after busi- eral sources, S. 140, to amend the White equipment that used electricity to default to a ness hours—especially over weekends. Mountain Apache Tribe Water Rights power down mode when not in use. For these reasons, I ask my colleagues to Quantification Act of 2010 to clarify Today, we take for granted that machines join me in supporting H.R. 511. the use of amounts in the WMAT Set- power down when not in use, but this one f tlement Fund, S. 245, to amend the In- dian Tribal Energy Development and change in energy policy over the last 40 years SENATE COMMITTEE MEETINGS has saved taxpayers, which includes busi- Self Determination Act of 2005, S. 249, to provide that the pueblo of Santa nesses and private homes, billions of dollars Title IV of Senate Resolution 4, agreed to by the Senate of February 4, Clara may lease for 99 years certain re- in energy costs. stricted land, S. 254, to amend the Na- This was only one policy solution that was 1977, calls for establishment of a system for a computerized schedule of all tive American Programs Act of 1974 to used to reduce our nation’s dependence on provide flexibility and reauthorization foreign oil so that energy could go to vital meetings and hearings of Senate com- to ensure the survival and continuing services like fuel for electricity generation, mittees, subcommittees, joint commit- vitality of Native American languages, gasoline, heating fuels, and diesel oil. tees, and committees of conference. S. 269, to provide for the conveyance of H.R. 511, the bill before us, would extend This title requires all such committees certain property to the Tanana Tribal energy conservation to digital technology that to notify the Office of the Senate Daily Council located in Tanana, Alaska, and can operate in standby mode. Digest—designated by the Rules Com- to the Bristol Bay Area Health Cor- Most digital device technology manufactur- mittee—of the time, place and purpose poration located in Dillingham, Alas- ka, and S. 302, to enhance tribal road ers already provide sleep mode on their de- of the meetings, when scheduled and any cancellations or changes in the safety; to be immediately followed by vices to assist their users in conserving power an oversight hearing to examine emer- on cellphones, smartphones, MP3 players, e- meetings as they occur. gency management in Indian Country, book readers, as well as desktop and laptop As an additional procedure along focusing on improving the Federal computers. with the computerization of this infor- Emergency Management Agency’s Fed- Today, 68 percent of U.S. adults own a mation, the Office of the Senate Daily eral-tribal relationship with Indian smartphone, up from 35 percent in 2011, and Digest will prepare this information for tribes. tablet computer ownership has edged up to 45 printing in the Extensions of Remarks SD–628 percent among adults, according to newly re- section of the CONGRESSIONAL RECORD FEBRUARY 9 leased survey data from the Pew Research on Monday and Wednesday of each Center. week. 9:30 a.m. Considering not just smartphones, but all Meetings scheduled for Tuesday, Feb- Committee on Armed Services ruary 7, 2017 may be found in the Daily To hold hearings to examine the situa- types of mobile phones, Pew notes that tion in Afghanistan. Digest of today’s RECORD. cellphones continue to top the list. SD–G50 Roughly nine-in-ten American adults or 92 10 a.m. percent own a mobile phone of some kind. MEETINGS SCHEDULED Committee on Foreign Relations Although these mobile devices are ubiq- FEBRUARY 8 To hold hearings to examine the United uitous today, the share of adults who own one 10 a.m. States, the Russian Federation, and has risen substantially since 2004. Committee on Commerce, Science, and the challenges ahead. Smartphone ownership is nearing the satu- Transportation SD–419 ration point with some groups: To hold hearings to examine Inspector Committee on Homeland Security and 1. 86 percent of those ages 18–29; General recommendations for improv- Governmental Affairs 2. 83 percent of those ages 30–49; and ing Federal agencies. Subcommittee on Regulatory Affairs and 3. 87 percent of those living in households SD–G50 Federal Management To hold hearings to examine empowering earning $75,000 and up annually own Committee on Environment and Public Works managers, focusing on ideas for a more smartphones. To hold an oversight hearing to examine effective Federal workforce. These facts highlight the importance of en- modernizing our nation’s infrastruc- SD–342 ergy conservation for mobile communication ture. Committee on the Judiciary users. SD–406 Organizational business meeting to con- The battery life for these devices is limited 2:30 p.m. sider committee rules, and S. 178, to and without power they are of no use to the Committee on Armed Services prevent elder abuse and exploitation user. Subcommittee on Readiness and Manage- and improve the justice system’s re- This bill will help users remain connected as ment Support sponse to victims in elder abuse and exploitation cases. long as possible because the energy con- To hold hearings to examine the current readiness of United States forces. SD–226 sumption on their cellphones and other digital SR–232A 2 p.m. devices will be minimized when they are not in Committee on Indian Affairs Select Committee on Intelligence use. Business meeting to consider S. 39, to ex- To hold closed hearings to examine cer- Energy conservation will also assist contend the Federal recognition to the tain intelligence matters. sumers during times when power outages may Little Shell Tribe of Chippewa Indians SH–219

VerDate Sep 11 2014 03:54 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A06FE8.029 E06FEPT1 smartinez on DSK3GLQ082PROD with REMARKS Monday, February 6, 2017 Daily Digest Senate ceedings, see next volume of the Congressional Chamber Action Record.) Routine Proceedings, pages S685–S760 Senate continued in the session that began on Monday, February 6, 2017. See next volume of the Committee Meetings Congressional Record. (Committees not listed did not meet) Measures Introduced: Fifteen bills and five resolutions were introduced, as follows: S. 306–320, and BUSINESS MEETING S. Res. 48–52. Pages S745–46 Committee on Finance: Committee ordered favorably Measures Reported: reported the following business items: S. Res. 48, authorizing expenditures by the Select An original resolution (S.Res. 52) authorizing ex- Committee on Intelligence. penditures by the Committee; and adopted its rules S. Res. 52, authorizing expenditures by the Com- of procedure for the 115th Congress. mittee on Finance. Page S745 Also, Committee announced the following sub- DeVos Nomination—Cloture: Senate resumed con- committee assignments: sideration of the nomination of Elisabeth Prince Subcommittee on International Trade, Customs, and DeVos, of Michigan, to be Secretary of Education. Global Competitiveness: Senators Cornyn (Chair), Grass- Pages S685–S741 ley, Roberts, Isakson, Thune, Heller, Casey, Stabe- During consideration of this nomination today, now, Nelson, and McCaskill. Senate also took the following action: Subcommittee on Taxation and IRS Oversight: Senators By 91 yeas to 4 nays (Vote No. 53), Senate agreed Portman (Chair), Crapo, Roberts, Enzi, Cornyn, to the motion to instruct the Sergeant at Arms to Thune, Burr, Isakson, Toomey, Scott, Warner, Car- request the attendance of absent Senators. Page S716 per, Cardin, McCaskill, Menendez, Bennet, Casey, and Cantwell. Executive Communications: Page S745 Subcommittee on Health Care: Senators Toomey Additional Cosponsors: Page S746 (Chair), Grassley, Roberts, Enzi, Thune, Burr, Isak- Statements on Introduced Bills/Resolutions: son, Portman, Heller, Cassidy, Stabenow, Menendez, Pages S746–51 Cantwell, Carper, Cardin, Brown, Warner, and Wyden. Additional Statements: Pages S744–45 Subcommittee on Energy, Natural Resources, and Infra- Authorities for Committees to Meet: Page S751 structure: Senators Heller (Chair), Grassley, Crapo, Privileges of the Floor: Page S751 Enzi, Cornyn, Burr, Scott, Cassidy, Bennet, Cant- Quorum Calls: One quorum call was taken today. well, Nelson, Menendez, Carper, and Warner. Subcommittee on Fiscal Responsibility and Economic (Total—2) Page S716 Growth: Senators Scott (Chair), Hatch, and Wyden. Record Votes: One record vote was taken today. Subcommittee on Social Security, Pensions, and Family (Total—53) Page S716 Policy: Senators Cassidy (Chair), Portman, Crapo, Evening Session: Senate convened at 12 noon, on Toomey, Brown, and Casey. Monday, February 6, 2017, and continued in Senators Hatch and Wyden are ex officio members of evening session. (For complete Digest of today’s pro- each subcommittee.

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VerDate Sep 11 2014 06:47 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D06FE7.REC D06FEPT1 smartinez on DSK3GLQ082PROD with DIGEST February 6, 2017 CONGRESSIONAL RECORD — DAILY DIGEST D115 House of Representatives Bolts Ditch Access and Use Act: H.R. 689, to in- Chamber Action sure adequate use and access to the existing Bolts Public Bills and Resolutions Introduced: 27 pub- Ditch headgate and ditch segment within the Holy lic bills, H.R. 871–897; and 6 resolutions, H.J. Res. Cross Wilderness in Eagle County, Colorado, by a 2⁄3 64; H. Con. Res. 20–21; and H. Res. 92–94, were yea-and-nay vote of 409 yeas to 1 nay, Roll No. 79; introduced. Pages H1011–12 Pages H984–85, H993 Additional Cosponsors: Pages H1013–14 Black Hills National Cemetery Boundary Ex- Reports Filed: A report was filed today as follows: pansion Act: H.R. 337, to transfer administrative H. Res. 91, providing for consideration of the jurisdiction over certain Bureau of Land Management joint resolution (H.J. Res. 44) disapproving the rule land from the Secretary of the Interior to the Sec- submitted by the Department of the Interior relating retary of Veterans Affairs for inclusion in the Black to Bureau of Land Management regulations that es- Hills National Cemetery, by a 2⁄3 yea-and-nay vote tablish the procedures used to prepare, revise, or of 407 yeas with none voting ‘‘nay’’, Roll No. 80; amend land use plans pursuant to the Federal Land Pages H985–87, H993–94 Policy and Management Act of 1976; providing for Fort Frederica National Monument Boundary consideration of the joint resolution (H.J. Res. 57) Expansion Act: H.R. 494, to expand the boundary providing for congressional disapproval under chap- of Fort Frederica National Monument in the State of ter 8 of title 5, United States Code, of the rule sub- Georgia; and Pages H987–88 mitted by the Department of Education relating to Email Privacy Act: H.R. 387, to amend title 18, accountability and State plans under the Elementary United States Code, to update the privacy protec- and Secondary Education Act of 1965; and providing tions for electronic communications information that for consideration of the joint resolution (H.J. Res. is stored by third-party service providers in order to 58) providing for congressional disapproval under protect consumer privacy interests while meeting law chapter 8 of title 5, United States Code, of the rule enforcement needs. Pages H988–92 submitted by the Department of Education relating to teacher preparation issues (H. Rept. 115–9). Committee Resignation: Read a letter from Rep- resentative Aguilar wherein he resigned from the Page H1011 Committee on Armed Services. Page H992 Speaker: Read a letter from the Speaker wherein he Committee Resignation: Read a letter from Rep- appointed Representative Smith (NE) to act as resentative Peters wherein he resigned from the Speaker pro tempore for today. Page H979 Committee on Oversight and Armed Services. Recess: The House recessed at 12:01 p.m. and re- Page H992 convened at 2 p.m. Page H979 Recess: The House recessed at 5:58 p.m. and recon- Recess: The House recessed at 2:06 p.m. and recon- vened at 6:30 p.m. Page H992 vened at 4:45 p.m. Page H980 Permitting the use of the rotunda of the Capitol Suspensions: The House agreed to suspend the rules for a ceremony as part of the commemoration of and pass the following measures: the days of remembrance of victims of the Holo- Crags, Colorado Land Exchange Act of 2017: caust: The House agreed to discharge from com- H.R. 618, to authorize, direct, expedite, and facili- mittee and agree to H. Con. Res. 18, permitting the tate a land exchange in El Paso and Teller Counties, use of the rotunda of the Capitol for a ceremony as Colorado; Pages H980–82 part of the commemoration of the days of remembrance of victims of the Holocaust. Page H994 Elkhorn Ranch and White River National For- est Conveyance Act of 2017: H.R. 698, to require Committee Resignation: Read a letter from Rep- a land conveyance involving the Elkhorn Ranch and resentative Castro (TX) wherein he resigned from the the White River National Forest in the State of Col- Committee on Armed Services. Page H994 orado; Pages H982–83 Senate Message: Message received from the Senate Arapaho National Forest Boundary Adjustment by the Clerk and subsequently presented to the Act of 2017: H.R. 688, to adjust the boundary of House today appears on page H980. the Arapaho National Forest, Colorado; Senate Referral: S. 305 was referred to the Com- Pages H983–94 mittee on the Judiciary. Page H1010

VerDate Sep 11 2014 06:47 Feb 07, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D06FE7.REC D06FEPT1 smartinez on DSK3GLQ082PROD with DIGEST D116 CONGRESSIONAL RECORD — DAILY DIGEST February 6, 2017 Quorum Calls—Votes: Two yea-and-nay votes de- Education Act of 1965; and H.J. Res. 58, providing veloped during the proceedings of today and appear for congressional disapproval under chapter 8 of title on pages H993 and H994. There were no quorum 5, United States Code, of the rule submitted by the calls. Department of Education relating to teacher prepara- Adjournment: The House met at 12 noon and ad- tion issues. The committee granted, by record vote journed at 9 p.m. of 8–3, a closed rule for H.J. Res. 44. The rule provides one hour of debate equally divided and controlled by the chair and ranking minority member Committee Meetings of the Committee on Natural Resources. The rule PRIORITIES OF THE HOUSE OFFICERS AND waives all points of order against consideration of the LEGISLATIVE BRANCH ENTITIES FOR FY joint resolution. The rule provides that the joint res- 2018 AND BEYOND olution shall be considered as read. The rule waives Committee on House Administration: Full Committee all points of order against provisions in the joint res- held a hearing entitled ‘‘Priorities of the House Offi- olution. The rule provides one motion to recommit. cers and Legislative Branch Entities for FY 2018 and Additionally, the rule grants a closed rule for H.J. Beyond’’. Testimony was heard from Stephen Ayers, Res. 57 and H.J. Res 58. The rule provides one hour Architect of the Capitol; Carla Hayden, Librarian, of debate on each joint resolution equally divided Library of Congress; Davita Vance-Cooks, Director, and controlled by the chair and ranking minority Government Publishing Office; and Matthew member of the Committee on Education and the Verderosa, Chief of Police, U.S. Capitol Police. Workforce. The rule waives all points of order against consideration of each joint resolution. The HOUSE JOINT RESOLUTION rule provides that each joint resolution shall be con- DISAPPROVING THE RULE SUBMITTED BY sidered as read. The rule waives all points of order THE DEPARTMENT OF THE INTERIOR against provisions in each joint resolution. The rule RELATING TO BUREAU OF LAND provides each joint resolution one motion to recom- MANAGEMENT REGULATIONS THAT mit. Testimony was heard from Chairman Bishop of ESTABLISH THE PROCEDURES USED TO Utah, and Representatives Rokita, Guthrie, and PREPARE, REVISE, OR AMEND LAND USE Scott of Virginia. PLANS PURSUANT TO THE FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976; HOUSE JOINT RESOLUTION PROVIDING Joint Meetings FOR CONGRESSIONAL DISAPPROVAL UNDER CHAPTER 8 OF TITLE 5, UNITED No joint committee meetings were held. STATES CODE, OF THE RULE SUBMITTED f BY THE DEPARTMENT OF EDUCATION COMMITTEE MEETINGS FOR TUESDAY, RELATING TO ACCOUNTABILITY AND FEBRUARY 7, 2017 STATE PLANS UNDER THE ELEMENTARY AND SECONDARY EDUCATION ACT OF (Committee meetings are open unless otherwise indicated) 1965; HOUSE JOINT RESOLUTION Senate PROVIDING FOR CONGRESSIONAL DISAPPROVAL UNDER CHAPTER 8 OF Committee on Armed Services: to receive a closed briefing on the recent Yemen operation; to be immediately fol- TITLE 5, UNITED STATES CODE, OF THE lowed by a closed briefing on cyber threats, 9 a.m., RULE SUBMITTED BY THE DEPARTMENT SVC–217. OF EDUCATION RELATING TO TEACHER Committee on Foreign Relations: to hold hearings to exam- PREPARATION ISSUES ine the plan to defeat ISIS, focusing on key decisions and Committee on Rules: Full Committee held a hearing on considerations, 10 a.m., SD–419. H.J. Res. 44, disapproving the rule submitted by Committee on Veterans’ Affairs: business meeting to con- the Department of the Interior relating to Bureau of sider the nomination of David J. Shulkin, of Pennsyl- vania, to be Secretary of Veterans Affairs, Time to be an- Land Management regulations that establish the pronounced, Room to be announced. cedures used to prepare, revise, or amend land use Select Committee on Intelligence: to hold closed hearings to plans pursuant to the Federal Land Policy and Man- examine certain intelligence matters, 2:30 p.m., SH–219. agement Act of 1976; H.J. Res. 57, providing for congressional disapproval under chapter 8 of title 5, House United States Code, of the rule submitted by the Committee on Armed Services, Full Committee, hearing Department of Education relating to accountability entitled ‘‘The State of the Military’’, 10 a.m., 2118 Ray- and State plans under the Elementary and Secondary burn.

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Committee on Education and the Workforce, Full Com- Committee on the Judiciary, Full Committee, markup on mittee, hearing entitled ‘‘Challenges and Opportunities in H.R. 732, the ‘‘Stop Settlement Slush Funds Act of Higher Education’’, 10 a.m., 2175 Rayburn. 2017’’, 10 a.m., 2141 Rayburn. Committee on Energy and Commerce, Subcommittee on Committee on Natural Resources, Full Committee, organi- Health, markup on H.R. 829, to amend title XIX of the zational meeting for the 115th Congress, 11 a.m., 1324 Social Security Act to clarify the treatment of lottery Longworth. winnings and other lump sum income for purposes of in- Committee on Oversight and Government Reform, Full Com- come eligibility under the Medicaid program, and for mittee, hearing entitled ‘‘Accomplishing Postal Reform in other purposes; and H.R. 181, to amend title XIX of the the 115th Congress—H.R. 756, the Postal Service Re- Social Security Act to count portions of income from an- form Act of 2017’’, 10 a.m., 2154 Rayburn. nuities of a community spouse as income available to in- Committee on Rules, Full Committee, hearing on H.R. stitutionalized spouses for purposes of eligibility for med- 428, the ‘‘Red River Gradient Boundary Survey Act’’; ical assistance, and for other purposes, 10 a.m., 2123 H.J. Res. 42, disapproving the rule submitted by the De- Rayburn. partment of Labor relating to drug testing of unemploy- Committee on Financial Services, Full Committee, business ment compensation applicants, 3 p.m., H–313 Capitol. meeting to consider the committee’s authorization and Committee on Science, Space, and Technology, Full Com- oversight plan for the 115th Congress, 10 a.m., 2128 mittee, organizational meeting for the 115th Congress, Rayburn. 10 a.m., 2318 Rayburn. Committee on Foreign Affairs, Full Committee, hearing Full Committee, hearing entitled ‘‘Making EPA Great entitled ‘‘Countering the North Korean Threat: New Again’’, 11 a.m., 2318 Rayburn. Steps in U.S. Policy’’, 10 a.m., 2172 Rayburn. Committee on Small Business, Full Committee, hearing Committee on Homeland Security, Full Committee, hearing entitled ‘‘Reimagining the Health Care Marketplace for entitled ‘‘Ending the Crisis: America’s Borders and the America’s Small Businesses’’, 11 a.m., 2360 Rayburn. Path to Security’’, 10 a.m., HVC–210. Committee on Veterans’ Affairs, Full Committee, hearing Committee on House Administration, Full Committee, entitled ‘‘Assessing the VA IT Landscape: Progress and hearing entitled ‘‘Priorities of the House Officers and Challenges’’, 10 a.m., 334 Cannon. Legislative Branch Entities for FY 2018 and Beyond’’ Committee on Ways and Means, Subcommittee on Social (continued), 11 a.m., 1310 Longworth. Security, organizational meeting for the 115th Congress, Full Committee, markup on H.R. 634, the ‘‘Election 10 a.m., 1100 Longworth. Assistance Commission Termination Act’’; H.R. 133, to Subcommittee on Social Security; and Subcommittee reduce Federal spending and the deficit by terminating on Oversight, joint hearing entitled ‘‘Examining the So- taxpayer financing of Presidential election campaigns; and cial Security Administration’s Representative Payee Pro- a committee resolution regarding views and estimates for gram: Determining Who Needs Help’’, to follow organi- FY2018, 12 p.m., 1310 Longworth. zational meeting, 1100 Longworth.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES Tuesday, February 7 10 a.m., Tuesday, February 7

Senate Chamber House Chamber Program for Tuesday: Senate will continue in the ses- Program for Tuesday: Consideration of H.J. Res. 44— sion that began on Monday, February 6, 2017. See next Disapproving the rule submitted by the Department of volume of the Congressional Record. the Interior relating to Bureau of Land Management reg- At approximately 12 noon, Senate will vote on con- ulations that establish the procedures used to prepare, re- firmation of the nomination of Elisabeth Prince DeVos, vise, or amend land use plans pursuant to the Federal of Michigan, to be Secretary of Education. Land Policy and Management Act of 1976 (Subject to a Following disposition of the Nomination of Elisabeth Rule). Consideration of H.J. Res. 58—Providing for con- Prince DeVos, Senate will vote on the motion to invoke gressional disapproval under chapter 8 of title 5, United cloture on the nomination of Jeff Sessions, of Alabama, States Code, of the rule submitted by the Department of to be Attorney General. Education relating to teacher preparation issues (Subject to a Rule). Consideration of H.J. Res. 57—Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Depart- ment of Education relating to accountability and State plans under the Elementary and Secondary Education Act of 1965 (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Engel, Eliot L., N.Y., E149 Maloney, Carolyn B., N.Y., E146 Gallego, Ruben, Ariz., E144 Messer, Luke, Ind., E144 Bustos, Cheri, Ill., E148 Gottheimer, Josh, N.J., E143 Newhouse, Dan, Wash., E150 Calvert, Ken, Calif., E147, E147, E149, E150 Harper, Gregg, Miss., E145 Reed, Tom, N.Y., E147 Collins, Doug, Ga., E145, E146, E147, E148 Higgins, Brian, N.Y., E143 Stefanik, Elise M., N.Y., E143 Connolly, Gerald E., Va., E147, E149 Jackson Lee, Sheila, Tex., E145, E147, E148, E149, Torres, Norma J., Calif., E150 Costa, Jim, Calif., E144, E146 E150, E150 Wilson, Joe, S.C., E149 DeGette, Diana, Colo., E143 Langevin, James R., R.I., E144 DesJarlais, Scott, Tenn., E143 Lieu, Ted, Calif., E148

(Senate proceedings for today will be continued in the next issue of the Record.)

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