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, WEDNESDAY, DECEMBER 13, 2017 No. 203 Senate The Senate met at 12 noon and was be a circuit court judge, and soon we ence necessary to excel on the Fifth called to order by the President pro will confirm another. Next, we will ad- Circuit. He also earned the praise of tempore (Mr. HATCH). vance the nomination of James Ho to prominent Democrats who believe he f be a judge of the Fifth Circuit Court of will make an excellent addition to the Appeals. Mr. Ho is another well-quali- Federal court. PRAYER fied individual, and, like all of Presi- Ron Kirk, the Obama administra- The Chaplain, Dr. Barry C. Black, of- dent Trump’s judicial nominees, he is tion’s Trade Representative and the fered the following prayer: dedicated to upholding the rule of law former mayor of Dallas, supported Mr. Let us pray. and serving as an impartial arbiter on Ho’s nomination to the Judiciary Com- Our Father in Heaven, thank You the bench. mittee. He wrote: that our life’s pilgrimage is a process Similar to Justice Willett, whom I Jim possesses the temperament, integrity, and discovery. Open our eyes today discussed yesterday, Mr. Ho has an in- and intellect that anyone, Republican or that we may see wonderful things in spirational story. Immigrating to the Democrat, should insist on in a federal Your precepts, gaining wisdom from United States from Taiwan at the age judge. He is wickedly smart, and is among of 1, he learned English by watching the most brilliant appellate lawyers in the Your world. Help our lawmakers to United States. If there is one thing that my strive to ensure that their thoughts, ‘‘Sesame Street.’’ He went on to grad- liberal and conservative colleagues agree on, words, and deeds will please You. uate from the University of Chicago it is that Jim just has it in his DNA to be a Today, we surrender to Your provi- Law School with high honors and great judge. dence, trusting You to order our steps. earned a clerkship with Judge Jerry E. A Commissioner on the U.S. Commis- Lord, teach us to illuminate our world Smith of the Fifth Circuit. In 2001, Mr. sion on Civil Rights appointed by with the wisdom of Your Divine in- Ho joined the Department of Justice as President Obama also recommended sights, so that Your will may be done the Special Assistant to the Assistant Mr. Ho in a letter to the Judiciary on Earth. Transform life’s deserts so Attorney General for Civil Rights and Committee. She knows him from his that they will blossom like roses. Bring later worked in the Office of Legal volunteer work with the National flowing springs to the parched grounds Counsel. In addition to his service in Asian Pacific American Bar Associa- of our lives, so that we may live abun- the executive branch, he worked here tion. She wrote that he ‘‘has a strong dantly. in the Senate as chief counsel for the reputation as an intelligent, reason- We pray in Your loving Name. Amen. Judiciary Committee’s Subcommittee able, fair and principled lawyer.’’ f on the Constitution. Afterward, he I would like to commend President went across the street to clerk for As- Trump for another very strong nomina- PLEDGE OF ALLEGIANCE sociate Justice Clarence Thomas. tion. I would also like to express my The President pro tempore led the After his distinguished and successful gratitude to Chairman GRASSLEY and Pledge of Allegiance, as follows: legal career in Washington, Mr. Ho re- the members of the Judiciary Com- I pledge allegiance to the Flag of the turned to Texas, joining a top law firm mittee for their work to process the United States of America, and to the Repub- and specializing in appellate litigation. President’s judicial nominees. lic for which it stands, one nation under God, He then served as the solicitor general I look forward to advancing Mr. Ho’s indivisible, with liberty and justice for all. of Texas, succeeding our colleague Sen- nomination soon. f ator TED CRUZ. It was while he was f serving in that role that he won the RECOGNITION OF THE MAJORITY Supreme Court Best Brief Award from THE INTERNET LEADER the National Association of Attorneys Mr. MCCONNELL. Madam President, The PRESIDING OFFICER (Mrs. General. He went on to earn the award one of the great advances of our time ERNST). The majority leader is recog- two more times. After his time in has been the development and expan- nized. State government, Mr. Ho returned to sion of the internet and wireless tech- f his private practice firm and currently nologies. The internet connects people serves as the cochair of its appellate across the globe in an unprecedented NOMINATION OF JAMES HO and constitutional law group. He has way. It brings together producers and Mr. MCCONNELL. Madam President, presented oral arguments in State and consumers, students and educators, this week, the Senate is continuing to Federal courts around the country, in- and even Members of the Senate with consider President Trump’s out- cluding the Supreme Court. our constituents. standing judicial nominees. Yesterday, It is clear that Mr. Ho possesses im- It is difficult to exaggerate the im- we confirmed a talented individual to pressive credentials, with the experi- pact the internet has on our society

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

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VerDate Sep 11 2014 02:32 Dec 14, 2017 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A13DE6.000 S13DEPT1 S7980 CONGRESSIONAL RECORD — SENATE December 13, 2017 and our economy each and every day. Chairman Pai’s proposal will also re- many other critical functions of the Even a few decades ago, the tech- quire internet service providers to Federal Government—will suffer intol- nologies many of us take for granted clearly disclose how they treat their erable budget cuts next year. today would have been totally customers’ data so that consumers can I hope that my colleagues on the unfathomable. choose the services that are right for other side of the aisle will work with But the success of the Internet them. us in a serious manner to make sure wasn’t an accident. Today’s internet— I look forward to their vote in sup- that we are able to responsibly fund and all the incredible innovations that port of the open internet and to the government so that our military utilize it—aren’t the product of unnec- Congress’s actions in the future to has the tools it needs to keep us safe. essary and burdensome government keep the internet open for consumers f regulations that hindered growth. In- in a lasting way. stead, they were the direct result of a Before I continue onto another mat- TAX CUTS AND JOBS BILL bipartisan desire to create an environ- ter, I feel that it is necessary to take a Mr. MCCONNELL. Now, on one final ment of advancement—one that uti- moment to discuss the vitriolic and di- matter, Madam President, later today, lized a light regulatory touch. visive debate over this topic. the Tax Cuts and Jobs Act conference Innovators were free to create and de- As my colleagues know, I am a committee will host an open meeting velop what they wanted to, without strong defender of political speech, and to discuss its progress in resolving the having to think about complying with I have fought for decades to protect the differences between the House and Sen- overbearing Washington regulation. rights of all Americans to question ate versions of the bill. As the internet grows, so does the government policies. However, the dis- The conferees have been working United States. Our Nation has led the cussion on this issue took on a new diligently to produce a report that world in internet technology, and citi- tone. While the First Amendment pro- both Chambers can vote on soon. Once zens throughout the country and the tects political speech, it is no excuse they complete their work, Congress world have enjoyed the benefits. for bad conduct. will be able to fulfill our commitment However, the previous administra- Instead of debating the effects of a to the American people and deliver real tion seemed bent on subjecting the proposal, some of the far left engaged tax reform. internet to a whole host of new regula- in personal attacks, even going as low For too long, the hardworking men tions—rules designed in the age of the as to promulgate attacks citing Chair- and women of Kentucky and our Na- rotary phone and rooted in the railroad man Pai’s children. This type of behav- tion have endured a struggling econ- era of the 1800s. Through unprece- ior does nothing to elevate our Na- omy and a broken tax code. Rates are dented government overreach, the tion’s discourse or forward a particular too high. The structure is too com- Obama administration argued that this policy. I hope that we can all agree plicated to understand, and it is too change would fix a problem. But there that this type of harassment deserves easy for the wealthy and the well-con- wasn’t a problem that needed fixing. nected to exploit. Incentives are so Therefore at the behest of President universal condemnation. f nonsensical that some actually encour- Obama in 2015, the partisan majority at age corporations to ship American jobs the Federal Communications Commis- FUNDING OUR MILITARY overseas. sion rejected our decades-old approach Mr. MCCONNELL. Now, on another It is time for a change. Passing pro- and reclassified broadband internet ac- matter, Madam President, over the last family and pro-growth tax reform is cess. This overreach subjected it to eight years, our foreign policy was the single most important action we new burdens and regulations and guided by a Commander in Chief who can take right now to grow our econ- threatened the marketplace freedom wished to draw down conventional omy and help the middle class get and innovation that brought us the military power from across the globe. ahead. internet we have come to know today. Families deserve a tax system that It shouldn’t shock any of my col- Iran, China, and Russia have sought to leagues to hear that an increase in bur- fill this vacuum and exploit the percep- works for them; and along with Presi- densome regulations created uncer- tion that America was withdrawing. dent Trump and his team, this Repub- tainty for businesses of all sizes and This Republican Congress has made a lican-led Congress is working to de- negatively impacted investment. In the commitment to work with President liver. This is our chance to set a new last 2 years, broadband investment has Trump to rebuild our military and give course—to undo the damage that our suffered a serious decline, even though our men and women in uniform the re- outdated Tax Code has inflicted on the many Americans, including large num- sources they need to face the chal- economy over the last decade. bers in rural States like Kentucky, lenges of a dangerous world. For the Americans who were left be- lack access to crucial internet services We know there is more work to do in hind by the Obama economy, this is at home. restoring our military’s combat readi- our opportunity to provide relief. We Earlier this year, President Trump ness and meeting the full needs of the want to make your taxes lower, sim- changed direction from the previous force. Earlier this year, we passed a pler, and fairer. We want to bring in- administration. He elevated Ajit Pai to funding measure that was an impor- vestment and jobs back home and keep serve as the Chairman of the FCC, and tant departure from the Obama years. them here. The bottom line is this: We tomorrow, the Commission will vote to The President has renewed our com- want to take more money out of Wash- repeal the misguided 2015 rule. mitment to Afghanistan, and is trying ington’s pocket and put more money Chairman Pai submitted a proposal to train and equip a force that can into the pockets of the middle class. I to restore freedom to the internet and meet the daunting challenge posed by am confident the conference com- to classify broadband internet access North Korea. mittee will finalize a bill that does just once again as an information service, To begin rebuilding our military, we that. just like it was until 2015. ignored the Obama-era demand that It will also repeal ObamaCare’s indi- When the FCC votes tomorrow, they any increase in defense funding must vidual mandate tax, delivering relief to will be voting to return the internet to be equally matched to nondefense in- low- and middle-income Americans a consumer-driven marketplace free of creases. We did that earlier this year, who have struggled under an unpopular innovation-stifling regulations. and we must do it once again. and unworkable law. Opponents of Chairman Pai’s plan As we continue to discuss a plan to In addition to this once-in-a-genera- have expressed their concerns about fund the government, we must tion tax relief, our legislation will also unfair or disruptive business practices prioritize efforts to provide for our provide for our Nation’s energy future. that may hurt consumers’ access to the warfighters. The Defense Department By further developing Alaska’s oil and internet. However, his proposal will ac- suffered a disproportionate reduction gas potential, this bill will help create tually restore the Federal Trade Com- under the Budget Control Act—one jobs, support energy independence, and mission’s authority to protect con- that has real consequences for readi- promote our national security. sumers and police companies that en- ness. If we are not able to come to a The forthcoming conference report gage in unfair practices. funding agreement, our military—and represents our chance to provide a real

VerDate Sep 11 2014 02:32 Dec 14, 2017 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.001 S13DEPT1 December 13, 2017 CONGRESSIONAL RECORD — SENATE S7981 benefit to families and small busi- Two additional points in regard to As too often has happened, Senator nesses across the Nation. I am grateful the election, which has a link to the MCCONNELL does one thing when Re- to the members of the conference com- Chamber here: publicans are in charge and a different mittee for their hard work to resolve First, the election of a Democrat in thing when Democrats are in charge. the differences between the two bills. I such a conservative State, which Here is another example. MCCONNELL look forward to voting for the final hadn’t had a Democratic Senator since says: New Senator—in that case, Scott product soon. 1996—they elected one in 1990, I guess— Brown—slow down work on major leg- f is a clarion call for bipartisanship. The islation, and Reid acceded. American people are clamoring for us We are calling on Senator MCCON- RESERVATION OF LEADER TIME to work together, to eschew the poli- NELL to do the same thing today. Let’s The PRESIDING OFFICER. Under tics of divisiveness and once again con- see if he does. We are calling on Sen- the previous order, the leadership time duct our politics with civility, decency, ator MCCONNELL to do just as Senator is reserved. and an eye toward compromise. That is Reid did—to honor the wishes of the f what Doug Jones represented as a can- people of a State that has newly elect- didate, it is what he campaigned on, ed a Senator and to wait to move for- CONCLUSION OF MORNING and his election should signal to all of ward on the tax bill until Senator BUSINESS my Republican colleagues that the Jones arrives. The PRESIDING OFFICER. Morning American people, from the deepest red If Republicans insist on barreling business is closed. States to the deepest blue States, ahead—and I understand the pressure is on them from their hard-right multi- f yearn for our politics to function again in a bipartisan way. billionaire paymasters—they will be EXECUTIVE SESSION The election of a Democrat in such a pouring gasoline on the fire. Their tax conservative State is a clarion call for bill—written in back rooms, rushed bipartisanship. The people of Alabama through this Chamber with such reck- EXECUTIVE CALENDAR have spoken, and they have sent a mes- lessness—which gives enormous breaks The PRESIDING OFFICER. Under sage asking both Democrats and Re- to the wealthy and corporations while the previous order, the Senate will pro- publicans to work together to solve our it raises taxes on millions, many of ceed to executive session and resume greatest challenges. That is how Doug them in the middle class, is being consideration of the following nomina- Jones campaigned. Roy Moore did not roundly rejected by the American peo- tion, which the clerk will report. try to pursue any scintilla of biparti- ple. Poll after poll shows by ratios The senior assistant legislative clerk sanship, and it might have been one of equal to, a little less than, or a little read the nomination of Don R. Willett, the reasons he lost, particularly in the more than two to one that the Amer- of Texas, to be a Circuit Judge, United suburbs of Birmingham and other cit- ican people reject this bill. They know States Court of Appeals for the Fifth ies. I hope we in this body will take what is in it. They don’t know all of Circuit. this election in earnest and pursue a the details, but they know it favors the RECOGNITION OF THE MINORITY LEADER course of bipartisanship. wealthy and powerful over them, over The PRESIDING OFFICER. The REPUBLICAN TAX BILL the middle class. They know that, even Democratic leader is recognized. The election of Doug Jones should if they are getting a small tax break, have another effect on this Chamber as the vast majority of the tax breaks go ELECTION OF DOUG JONES well. It would be unseemly and impru- to the wealthiest and the most power- Mr. SCHUMER. Madam President, as dent to rush a massive piece of par- ful, and they don’t like it. Above all, we know, last night a Democrat won in tisan legislation through this Chamber they know this tax bill will clobber the the State of Alabama for the first time before Doug Jones is seated. To rush suburbs, drastically cutting back on in a quarter century. such a huge piece of legislation when the State and local deductions and Last night’s election of Doug Jones the people of Alabama have just sent other deductions they cut back on, was not only the repudiation of a can- us a new Senator and try to jam it which will be a gut punch to millions didate unfit to serve in this body; it through before he gets here would be so of middle-class and upper middle-class was an affirmation of a candidate who wrong. Doug Jones will be the duly Americans who live in the suburbs. represents the very best of public serv- elected Senator from the State of Ala- They are the very same people who are ice. bama in a few short weeks. The Gov- turning away from President Trump, I read Doug Jones’ bio. One story ernor didn’t appoint him. The people who helped to propel Doug Jones to stands out in my mind. As a second- chose him. It would be wrong for Sen- victory last night, and who helped to year law student, Doug Jones skipped ate Republicans to jam through this propel Mr. Northam to be Governor of class to attend the trial of the Klans- tax bill without giving the newly elect- Virginia when his opponent Gillespie man ringleader of the 1963 bombing of ed Senator from Alabama the oppor- was calling for a $10,000 tax break for the 16th Street Baptist Church—an tunity to cast his vote. The people of the middle class. event, as we all remember, that shook Alabama deserve to have their rep- The longer this bill sits behind closed the conscience of our country and resentative in the Senate to debate the doors, the worse it is getting. Rather helped launch a mighty movement for biggest issues of the day, and the tax than improving it for the middle class, civil rights. Although a young Doug bill certainly falls under that category. they are cutting the rate further on the Jones was moved by the disposition of Today, we Senate Democrats are wealthiest of Americans, according to justice in that trial, he was left with calling on Leader MCCONNELL to hit all reports—to reduce the top rate an- the impression that other members of pause on his tax bill and not hold a other 2.5 percent, only going to people the conspiracy had escaped the reach of final vote on it until Doug Jones is who make over $300,000 a year, while the law. So 24 years later, when Doug sworn into the Senate. That is exactly raising taxes on the middle class. What Jones became the U.S. attorney in Ala- what Republicans argued when Scott is going on in the heads of our Repub- bama, he pursued charges against two Brown was elected in 2010. Referring to lican colleagues? Why would they do more Klan members involved in the healthcare, Leader MCCONNELL said it something that seems so wrong for bombing, winning their conviction, and would be ‘‘gamesmanship’’ to pursue America and so against what the delivered a long-delayed but mighty big-ticket legislation before Scott American people want? We know why. righteous justice. Brown was seated. He asked us to The Koch brothers and the Club for Doug Jones deserved to win the race ‘‘honor the wishes of the people of Mas- Growth, funded largely by billionaires last night. He is a fine man, was an ex- sachusetts.’’ Leader Reid, in fact, ac- and millionaires, and all these other cellent candidate, and is going to make ceded to that wish and waited until groups are fanatic: Just cut taxes on an outstanding Senator for the people Scott Brown was a Senator before the rich. of Alabama. I congratulate Senator- there were any further votes on I don’t even hear them arguing for Elect Jones and look forward to wel- healthcare. ‘‘We’re going to wait until helping the middle class, except in TV coming him to this Chamber and our the new senator arrives until we do ads that are deceptive, in my judg- caucus. anything more on healthcare,’’ he said. ment. But they are doing it for that

VerDate Sep 11 2014 02:32 Dec 14, 2017 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\A13DE6.004 S13DEPT1 S7982 CONGRESSIONAL RECORD — SENATE December 13, 2017 reason. Our Republican colleagues, by of their education. Families who access Chairman Pai and the FCC from having trying to appease these very wealthy educational tools for their children the resources to implement this rule. It people—a small number of greedy peo- could also see charges, and the open is so important now that we continue ple—are writing their political doom, highway that has been so important in to fight for small businesses, for Main in my opinion. making sure that new internet busi- Street entrepreneurs, and for the inno- The longer this bill sits behind closed nesses are started could be impacted. vation economy. doors, the worse it is getting. It is not The No. 1 reason we have to fight this We deserve to have an open internet. improving things for the middle class. decision—making sure that we do ev- As the small businesses and innovators It is making them worse. Instead of erything we can to stop the FCC from just said to me this past weekend in learning from their mistakes, instead implementing this rule and giving con- Seattle, this is really like siding with of heeding one of the lessons of the sumers the protection of net neu- the big companies and saying that they election last night, Republicans are trality—is that it will harm our inter- are going to make all of the decisions, doubling down on helping the wealthy net economy. Last summer we had a that they are the ones that are going and powerful and doing nothing for, if townhall meeting about this, where I to be in control. They are not going to not harming, the middle class. heard from many of my constituents. I be for competition, and they are not In 2010 on the floor of the Senate, then sent in many business cases to going to be for this level of innovation. Leader MCCONNELL said: Chairman Pai so that he would under- They are going to slow down what is We need to move in a new direction—a dra- stand why this impacts us so much. one of the best parts of our economy. matically new direction. That is the message Let’s make sure that we understand I hope that our colleagues will join of Virginia. That is the message of New Jer- what is happening. The FCC had rules the fight and stop the FCC, in any sey. That is the message of Massachusetts. that had prevented companies from manner possible, from implementing You could replace Massachusetts throttling, or blocking, and it had what is, literally, a very, very anti- with Alabama and say the exact same paved the way for many great suc- competitive strategy and one that is thing today. In sum, on process, on pol- cesses. In the United States, we have very, very focused on big corporations, icy, and on politics, pausing this tax Fortune 500 companies and a tech in- instead of the innovation economy of bill and going back to the drawing dustry that is responsible for 7 percent the future. board is the right thing for Repub- of our Nation’s GDP and 6.9 million I yield the floor. The PRESIDING OFFICER. The Sen- licans to do. I hope, for the sake of this jobs in the United States of America. country, they will do just that. Why would you change the rules ator from Massachusetts. Mr. MARKEY. Madam President, I I yield the floor. now? Why would you leave after having thank all of my colleagues, led by Sen- I suggest the absence of a quorum. made sure critical protections were in ator CANTWELL, for joining me on the The PRESIDING OFFICER. The place and, instead, replace them with clerk will call the roll. floor this afternoon. the ability for certain companies— We are speaking on behalf of millions The senior assistant legislative clerk cable, specifically—to wreak havoc on of our constituents and of the tens of proceeded to call the roll. this economy? millions of Americans who support a Ms. CANTWELL. Madam President, I Thirteen percent of Washington free and open internet. I am proud to ask unanimous consent that the order State’s economy depends on a healthy come to the floor to discuss an issue of for the quorum call be rescinded. internet sector. The internet economy national importance to both our econ- The PRESIDING OFFICER. Without for our State supports 250,000 jobs, and omy and our democracy—net neu- objection, it is so ordered. at a time when the Nation has not had trality. NET NEUTRALITY enough wage growth, these tech jobs Now, a lot of people have recently Ms. CANTWELL. Madam President, have been a bedrock for the middle stopped and asked me: What exactly is today we are closing in on a critical de- class. net neutrality? cision that will have a lasting impact Chairman Pai is clearly not focused The technical answer is that network on the innovation-driven economy of on the 250,000 jobs and the 13 percent of neutrality, or net neutrality, is the the United States. The Chairman of the our State’s economy. Just this past principle that internet service pro- FCC has decided to repeal a critical weekend, I and my colleague, Congress- viders—you know their names: consumer protection known as net neu- woman DELBENE, met with many of Verizon, AT&T, Charter, Comcast— trality. This is a wrongheaded move. It these small businesses. Their message cannot discriminate against content is misguided. It is being driven by big was loud and clear: Please stop Chair- providers, against websites. They are cable interests that want to continue man Pai from ruining the internet by the people to whom you pay by check to gouge consumers and charge them taking away key protections that each month and who make sure that more, making sure that consumers ei- make sure our businesses run success- you have broadband service. You know ther pay or have their internet lines fully. who they are. The simpler explanation slowed down. Chairman Pai is abdicating his role. is this: No one owns the internet. Ev- This decision turns the success of He is abandoning the consumers whom eryone can use the internet. Anyone what has been an essential 21st-century he has sworn an oath to serve, and he can improve the internet. innovation over to those in big cor- is turning his back on innovators. He Yet that will not be the case if the porations, instead of making sure that has really changed the direction for us Trump administration and Ajit Pai, Main Street innovators continue to do and our innovation economy. I know the Chairman, and Republicans have what they do best. I don’t think the that he thinks this is a light touch, but their way. They want to get rid of the American people want cable companies I guarantee you that it is a ‘‘no touch’’ Federal Communications Commission’s to be the gatekeeper on the internet. regulation. What we need is to make net neutrality rules so that the ISPs, They want to have the FCC continue to sure that these companies do not arti- the internet service providers, can in- play a role in making sure that an open ficially charge consumers, small busi- discriminately charge more for inter- internet is there for all, so that small nesses, and Main Street more for what net fast lanes, slow down websites, businesses, entrepreneurs, and they already are doing now and doing block websites, make it harder—and, innovators can continue to build on the successfully. Obviously, an open inter- maybe, even impossible—for inventors, success of communicating with their net rule and the rules that we are liv- entrepreneurs, and small businesses— consumers and their business partners ing under now have fueled an innova- the lifeblood of the American econ- without having artificially slowed- tion economy. Every business plan of omy—to connect to the internet. down lines. every startup relies on the company’s That is why we are here this after- Who would this impact if the FCC ability to be able to contact its con- noon on the floor, and it is why sup- moves forward? sumers. porters of a free and open internet are You could say that seniors would be With this much of our economy at vigorously opposed to this politically impacted with regard to receiving their stake, let’s not continue to make mis- craven attempt to weaken the principle telehealth medicine and that students takes. Let’s continue to fight here in of net neutrality that has allowed the would be impacted in the slowing down the Senate and make sure that we stop internet to flourish.

VerDate Sep 11 2014 02:32 Dec 14, 2017 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.003 S13DEPT1 December 13, 2017 CONGRESSIONAL RECORD — SENATE S7983 Tomorrow the Federal Communica- so. That is because the Federal Trade have been improving the services they tions Commission is voting on a pro- Commission can only step in if a offer to their consumers. Consider this: posal that will cut at the very heart of broadband provider violates its own net In 2016 almost half of the venture cap- a free and open internet. They are vot- neutrality policies—that is, the policy ital funds invested in this country ing to roll back net neutrality protec- created by the broadband company went toward internet-specific and soft- tions and send a love letter to the big itself. Yet, if an internet service pro- ware companies. That is $25 billion broadband companies that stand to vider has a written policy that charges worth of investments. make huge profits without these rules. websites for internet fast lanes, there We have hit the sweet spot. Invest- So what are Chairman Pai and his is nothing the Federal Trade Commis- ment in broadband and wireless tech- broadband buddies really trying to do? sion can do about it. nologies is high, job creation is high, The first thing they will do is to gut That is ridiculous, and it is wrong. and venture capital investment in on- the rule against blocking. What does Allowing the broadband industry to set line startups is high. Chairman Pai that mean? It means that an internet its own net neutrality protections is threatens to disrupt this appropriate service provider could block any like letting the fox guard the hen- balance and squash innovation online. website it wants. That includes a house. It is clear that Americans do not want website of a competing service or a OK, so the Federal Trade Commission what the FCC is proposing. It seems as website with a contrary political oversight will not work. Chairman Pai though the only supporter of this plan view—whatever they want. claims that he has another solution. It is the broadband industry. Second, Chairman Pai would gut the is called transparency. He argues that, If Chairman Pai and his Republican rule against throttling. What does that if ISPs are transparent about their net colleagues turn a deaf ear to millions mean? It means that the internet serv- neutrality practices, consumers and of Americans standing up to net neu- ice provider could slow down any businesses can simply choose to use a trality and approve their plan tomor- website it wants. broadband provider with the net neu- row, we will continue this fight else- Third, Chairman Pai would gut the trality practices that best suit them. where. When the Obama-era rules were rule that bans paid prioritization. But what good is transparency when challenged by the internet service pro- What does that mean? It means that most Americans have little or no viders in 2015, I led a congressional the internet service provider could choice for high-speed broadband ac- amicus brief with Congresswoman charge websites for an internet fast cess? ESHOO in support of the rules. Con- lane, meaning that those websites Consider this that 62 percent of gresswoman ESHOO and I plan to do it could load more quickly, while the Americans have only one choice for again this time and lead an amicus websites that could not afford the high-speed, fixed broadband. That is brief in defense of net neutrality. I also internet’s ‘‘E-ZPass’’ would be stuck right. Nearly two-thirds of the country intend to file a Congressional Review on a gravel path and take more time to have only one choice from whom they Act, or CRA, resolution of disapproval load, frustrating consumers with long can purchase broadband. That means, with a number of my colleagues so that buffering times. if a household’s only choice for high- the U.S. Senate can vote to undo Fourth, Chairman Pai would gut the speed broadband is not transparent Chairman Pai’s proposal and restore forward-looking general conduct rule. about its plans to set up internet fast the 2015 open internet order. What does that mean? The general con- and slow lanes, the consumer has two The Trump administration is waging duct rule protects consumers from choices—one, to accept the internet an all-out assault on our core protec- harms such as data caps and other dis- service provider’s terms or, two, to live tions: DACA, the Affordable Care Act, criminatory behavior that ISPs will without the internet. That is a false the Paris climate accord, and the Clean think of in the coming months or years choice. People do not want to live Power Plan. Now Trump’s Federal ahead. without the internet in the 21st cen- Communications Commission has put Fifth, Chairman Pai would create an tury. net neutrality in its sights. unregulated interconnection market. Chairman Pai claims that internet For all of those who rely upon the What does that mean? It means that service providers actually support net free and open internet, whether it is for the Federal Communications Commis- neutrality but just not the open inter- commerce, education, healthcare or en- sion would lose authority to oversee net order under which we are living tertainment, I urge you to join me in places at which ISPs connect to the today. That is like saying that you this fight to create a firestorm of oppo- internet and extract fees. support democracy but not the Con- sition to this assault on net neutrality. Finally, Chairman Pai wants to pre- stitution. It is like saying that you This is a fundamental attack on the vent States and localities from adopt- like math but you hate numbers. It openness of the internet that must be ing their own net neutrality protec- makes no sense. beaten, and we must now form an army tions. The broadband barons have been of ordinary Americans as the voices What will be the replacement for fighting for years, both at the Federal that will fight the special interests and these enforceable net neutrality rules Communications Commission and in lobbyists in this city who want to shut today? What will replace them? Abso- the courts, to block net neutrality down net neutrality forever. lutely nothing. Chairman Pai will rules. It is crystal clear, and it has Thank you. leave it to the internet service pro- been for years. The broadband compa- I yield the floor. viders to, simply, regulate themselves nies are deeply opposed to net neu- The PRESIDING OFFICER. The Sen- in this unpoliced internet ‘‘Wild West.’’ trality because they want to drive up ator from Michigan. Chairman Pai claims that the Fed- their profits by setting up internet fast Mr. PETERS. Madam President, eral Trade Commission—not the Fed- and slow lanes and charge consumers there are a handful of innovations over eral Communications Commission, more for less. It is a simple formula. the years that have redefined the which is the Commission of expertise Chairman Pai also claims that United States and the entire world. over telecommunications—somehow broadband investment has been dis- The cotton gin, railroads, electricity, provides a sufficient backstop to bad couraged by the open internet order. and the automobile are just a few ex- behavior by the ISPs, but that is sim- That is false. Investment in our amples. However, without question, ply not true. broadband infrastructure is stronger broadband internet is one of the defin- Under the Federal Trade Commis- than ever, and with the deployment of ing innovations of our time. Broadband sion, the big broadband barons would 5G technologies on the horizon, we can internet connects both rural and urban establish their own net neutrality poli- expect this strong investment to con- communities to vital services such as cies. That is like letting the bullies de- tinue. Broadband investment in the ag- telemedicine, educational resources, velop their own playground rules. If gregate has increased in the 2 years and international commerce. In fact, the ISP wants to block websites, slow since the FCC passed the open internet broadband internet is absolutely essen- down competitors’ websites, and charge order. Beyond just measuring dollars tial for communications in the modern innovators and entrepreneurs to reach spent, broadband speeds also increased era. It lets us keep in touch with our their customers, they will be free to do after the 2015 order, meaning the ISPs loved ones no matter where they live,

VerDate Sep 11 2014 02:32 Dec 14, 2017 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.005 S13DEPT1 S7984 CONGRESSIONAL RECORD — SENATE December 13, 2017 and it has boosted productivity across to broadband internet with strong net This is not a partisan issue. In 1997, every single industry. Perhaps most neutrality protections a national pri- President Bill Clinton worked with a importantly, broadband internet revo- ority today. Republican majority both in the Sen- lutionized our economy and has led to By preserving net neutrality, we put ate and in the House of Representa- millions of new jobs. students, artists, advocates, entre- tives to successfully pass the Chil- The ability to instantly reach con- preneurs, and other visionaries, who dren’s Health Insurance Program into sumers wherever they live has allowed could be inventing the future and cre- law. That legislation passed with 85 American small businesses and ating the next big thing, ahead of a votes in the Senate because providing startups to compete with large global handful of multinational corporations. needed health services to children corporations in a way that would have The FCC should call off this dan- should never be a partisan issue. been simply unimaginable just a couple gerous vote and, instead, work to en- The CHIP program has been reau- of decades ago. sure that the internet remains a hub of thorized on a bipartisan basis since its Michigan is home to over 850,000 entrepreneurship, creativity, and com- inception because it is effective. CHIP small businesses and a growing number petition. is working for our Nation’s children, of startups. The new ideas and creative CHILDREN’S HEALTH INSURANCE PROGRAM and we should be too. solutions they generate put America Madam President, over 2 months ago I urge my colleagues across the aisle on the cutting edge of a global and I stood here in this Chamber, urging to call for a vote on this legislation to interconnected economy. Michigan my colleagues to pass legislation that extend CHIP and pass it without delay. small businesses are able to compete will prevent kids enrolled in the Chil- Let’s do what is right for our country’s and innovate because of the free and dren’s Health Insurance Program from children and families and pass this bi- open structure of the internet, but, un- losing their healthcare. The Children’s partisan legislation now. fortunately, these opportunities are at Health Insurance Program, or CHIP, Thank you. risk. provides healthcare coverage to over I yield the floor. Tomorrow the FCC will vote to elimi- 100,000 children in my home State of The PRESIDING OFFICER. The Sen- nate current net neutrality protections Michigan and more than 9 million chil- ator from Vermont. dren nationwide. that stop large corporations from sti- NET NEUTRALITY I recall welcoming the news that fling small businesses and harming the Mr. LEAHY. Madam President, this Senate Finance Committee Chairman American people. I think the facts are week, the Federal Communications HATCH and Ranking Member WYDEN very straightforward, and the FCC is Commission—FCC—is preparing to give had reached a bipartisan agreement to wrong. They should stop what they are a giant, early Christmas present to a extend the healthcare benefits for doing and keep the current protections few, deep-pocketed telecom companies, these children. They worked together in place. as it prepares to repeal critical net and went through regular order. The The current rules that I have consist- neutrality protections. Net neutrality Finance Committee held a hearing and ently supported prevent internet serv- a markup on the bill in October. is the simple principle that the inter- ice providers from blocking, slowing, We all know that regular order has net should be kept free and open by or prioritizing web traffic for their own become a very rare event in the Senate preventing the corporations who con- financial gain at the expense of small today, and I appreciate the bipartisan trol the connections to selectively businesses and every day internet effort to have a Senate vote on a bill throttle or block certain content, espe- users. The FCC’s actions to roll back that is absolutely critical to our Na- cially that of competitors. these protections could usher in a new tion’s children. I certainly expected Repealing net neutrality rules will era of a two-tiered internet—one for that this bipartisan bill would come to benefit just a few powerful corpora- the large corporations that can pay for the floor and pass with broad bipar- tions—and it will do so at the expense the fast lane and a slow lane for the tisan support, thus bringing relief to of small businesses, consumers, and rest of us. This will allow internet families across the Nation who are hard-working Americans, whose per- service providers and multinational worried about whether their children sistent and passionate voices on this corporations to compete unfairly will continue to have healthcare in issue have been completely ignored by against startups, slowing down their 2018. Unfortunately, in the months the FCC’s Republican majority. traffic and playing gatekeeper to po- since those good-faith efforts, we still Despite calling for public hearings tential customers. have not seen a vote on this important when the current net neutrality pro- Let me be clear. Repealing net neu- legislation. This is inexcusable. We tections were developed, Chairman Pai trality is anti-innovation, repealing must take action now. has failed to heed his own advice now net neutrality is anti-competition, and States are already beginning to no- that he is in charge of the FCC. repealing net neutrality is anti-con- tify families that their children’s It seems the only people he listens to sumer. healthcare plans may be canceled if are those with deep enough pockets to The FCC should not consider this Congress does not act. States such as afford high-powered lobbyists. If you proposal tomorrow to degrade internet Louisiana, Texas, Virginia, and others are a concerned citizen or small busi- service, especially during a time when have announced that they may run out ness owner, your voice doesn’t matter over 20 million households in rural of funds within weeks. In my home to this FCC. As someone who held pub- America, including far too many in my State of Michigan, I have heard from lic hearings on this issue in 2014, I can home State of Michigan, still lack ac- parents who are worried about whether tell you that there is widespread and cess to high-speed broadband internet. their children will still be able to see overwhelming support for net neu- The FCC has a lot of work to do to their pediatrician next year. I have trality just about everywhere except at close the digital divide, and repealing also heard from pediatricians who take the FCC itself. net neutrality is taking our country care of these children how children will If the Chairman took the time to lis- backward, not forward. If the internet be hurt if their healthcare is taken ten, as I did, he would hear from small doesn’t work for growing small busi- away. business owners like Cabot Orton at nesses and startups, our economy will It would be unconscionable to rip the Vermont Country Store, who told be hurt for generations to come. High- healthcare services away from children me, ‘‘We’re not asking for special speed broadband and net neutrality in during the most formative years of treatment, incentives, or subsidies. All the 21st century is every bit as vital as their lives. It would be unconscionable the small business community asks is electricity was in the 20th century. All to put new roadblocks up for families simply to preserve and protect Internet Americans deserve access, regardless of whose children need physicals and vac- commerce as it exists today, which has their income or their ZIP Code. cines before they can go to school. It served all businesses remarkably well.’’ We accomplished the goal of bringing would be unconscionable to increase Just today, we received a letter from electricity to every household in this healthcare costs for working families businesses in Northern New England, country in the last century, even in the who are just trying to keep their chil- including Vermont’s own Ben & Jer- most rural areas, by making it a na- dren healthy and give them the oppor- ry’s, Cabot Creamery Cooperative, and tional priority. We need to make access tunity to prosper. King Arthur Flour, discussing the

VerDate Sep 11 2014 02:32 Dec 14, 2017 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.006 S13DEPT1 December 13, 2017 CONGRESSIONAL RECORD — SENATE S7985 ‘‘crippling effect’’ a repeal of net neu- by these businesses, adding cost and creating Tomorrow, as he noted, the FCC will trality rules would have on rural busi- a competitive disadvantage to running a suc- hold a vote on Chairman Pai’s plan to nesses. cessful business in rural America. eliminate net neutrality. These rules Uninhibited access to the internet is al- I ask unanimous consent that a copy ready a fundamental necessity for operating have kept the internet free and open, of this letter be printed in the RECORD a successful business in rural areas. Looking and in a day where a lot of things at the conclusion of my remarks. to the future, this is only going to become aren’t working, this was something Chairman Pai would hear from li- more important. In our work with farmers in that was actually working. People were braries, which for some rural commu- this region, we see how this particular group able to access the internet, people in nities are the only way to access the of businesses is increasingly reliant on the my State who maybe didn’t have a lot internet. internet for access to technical information of resources. Kids were able to access As Vermont’s State librarian, Mar- and support, and for access to information about markets. the internet to do their homework. It tha Reid, told me: ‘‘All Americans—in- The changes proposed by the FCC would re- was working. If the FCC votes to aban- cluding the most disenfranchised citi- move the only existing legal foundation don net neutrality, it will put internet zens, those who would have no way to strong enough to ensure net neutrality pro- service providers, not consumers, in access the Internet without the li- tections are enforceable: Title II of the Com- charge of determining the future of the brary—need to be able to use Internet munications Act, as implemented in the internet. resources on an equal footing.’’ agency’s 2015 Open Internet Order. Net neutrality holds internet service Under this change, internet providers Chairman Pai would also hear from would gain new powers to steer businesses providers—big mega-internet service independent content creators whose and customers one way or another. For ex- providers—accountable for providing voices are too often not heard on tradi- ample, Internet access providers could the internet access consumers expect tional media. As actress, writer, and charge new fees for prioritized access to cus- while protecting innovation and com- producer Ruth Livier told me: ‘‘In the tomers. While big companies and farms petition. It is the bedrock of a fast, unprecedented world of an open, non- might be able to afford a pay-to-play free, and open internet. discriminatory Internet, no longer did prioritized ‘fast lane’ to users, small and me- Net neutrality has allowed the inter- low-budgets and no connections mean dium sized businesses cannot; at the very net to become one of the great Amer- least, such new fees would put them at a dis- there was no way in. Never again could tinct disadvantage with larger competitors. ican success stories, transforming not we be disregarded by anyone who es- Internet access providers could also charge only how we communicate with our sentially asks, ‘Who are you to have rural businesses new fees for access to friends and our family but the way we your story be told?’ ’’ websites and services. They could favor cer- do business, how consumers buy goods, These are the voices being ignored. tain businesses by slowing down traffic or and how we educate our kids. These They are the people, the Americans, exempting competitors’ traffic from users’ protections have worked. We have who stand to lose the most in the data caps. They could also block websites rural kids who couldn’t access classes Chairman Pai’s misguided plan. and apps outright. This would create im- before who are able to get these classes This is not about partisanship. Re- mense uncertainty for companies in every sector of the economy who rely on open, on the internet. We have small busi- publicans and Democrats alike, in my unencumbered connectivity as a key enabler nesses that are able to advertise their State and every other State, benefit for their business and productivity. It could services in a way that no one would from the power of an open Internet, also greatly limit or bias farmers’ access to have known that they existed. One of and equally stand to be harmed if the products, services, and information they my favorite ones is a company called rules of the road ensuring its openness need to run their business. Weave Got Maille, and they are doing go away. Ultimately, repealing net neutrality will chain jewelry. It is just a group of I know there are some people with a have a crippling effect on rural economies, about 10, 15 employees up there who further restricting access to the internet for lot of money who want to do away with rural businesses at a point in time where we started with nothing but one chain. net neutrality. They are even filing need to expand and speed this access instead. Then they were able to come up with a fake comments with the FCC saying We urge you to maintain strong net neu- cool nickname, and then they were they want to repeal these protections. trality rules and focus on advancing policies able to advertise on the internet di- One of those comments came to my at- that foster fair competition. rectly to consumers. Now they are one tention. It had my name and my home Sincerely, of the biggest employers in the town address on it. Most people, when they STONYFIELD, right on the Canadian border. saw it, just laughed, because they knew Londonderry, New These internet protections that have Hampshire. it was fake. allowed small businesses to blossom KING ARTHUR FLOUR, None of us should support a process Norwich, Vermont. have allowed consumers to access the that willfully dismisses the voices of FOODSTATE, internet like everyone else. They have our constituents. I hope that all Sen- Londonderry, New worked, but with the FCC’s vote to- ators will join me in calling on the FCC Hampshire. morrow, the internet may soon be to abandon this reckless vote to repeal BOLOCO,HANOVER, NEW changing. net neutrality. HAMPSHIRE. Earlier this year, when Chairman Pai There being no objection, the mate- GRANDY OATS, announced his proposal to eliminate rial was ordered to be printed in the Hiram, Maine. net neutrality protections, Americans CABOT CREAMERY took the opportunity to make their RECORD, as follows: COOPERATIVE, DECEMBER 13, 2017. Waitsfield, Vermont. voices heard during the public com- The Hon. AJIT PAI, BEN AND JERRY’S, ment hearing, and the proposal re- Chairman, Federal Communications Commis- South Burlington, ceived a record 23 million comments. sion, Washington, DC. Vermont. While many of these comments are DEAR FCC CHAIRMAN AJIT PAI: We are a MAINE GRAINS, written by consumers worried about group of businesses from Northern New Eng- Skowhegan, Maine. the future of the internet, there is rea- land with strong ties to the rural and agri- cc: Sen. Susan Collins, Sen. Angus King, cultural business community. We are writing Sen. Jeanne Shaheen, Sen. Margaret Hassan, son to be concerned about that process. today out of deep concern about the FCC’s Sen. Patrick Leahy, Sen. Bernie Sanders, Approximately 1 million fraudulent proposal to roll back the current net neu- Rep. Chellie Pingree, Rep. Bruce Poliquin, comments were filed with the FCC, and trality rules based on Title II of the Commu- Rep. Ann McLane Kuster, Rep. Carol Shea- an additional half a million comments nications Act. We urge you to maintain the Porter, Rep. Peter Welch. were filed with Russian email address- existing rules instead. Mr. LEAHY. I yield the floor. es. Sound familiar? I think so. As members of the business community in The PRESIDING OFFICER. The Sen- I think everyone in this Chamber this region, we regularly witness how small ator from Minnesota. knows Russia has been trying to influ- rural businesses, including the farms and co- Ms. KLOBUCHAR. Madam President, ence our democracy in every way they operatives that many of us source from, al- ready struggle with limited access to I rise to join with the Senator from can—from hacking to putting out prop- broadband and limited options for Internet Vermont in opposition to the FCC’s aganda, to now trying to insert itself service providers. The repeal of net neu- planned vote to end net neutrality pro- into a comment process for our free trality would compound the challenges faced tections. and open internet, something that has

VerDate Sep 11 2014 02:32 Dec 14, 2017 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.007 S13DEPT1 S7986 CONGRESSIONAL RECORD — SENATE December 13, 2017 been the hallmark of American soci- Unfortunately, for small businesses We actually know something about ety, something they don’t have in Rus- and startups across the country, the that kind of choice in my home State sia. Just think, an additional half a net neutrality repeal will mean new of Massachusetts. On January 19, 2010, million comments were filed from Rus- barriers when competing online. With- Massachusetts elected a new Senator sian email addresses. This is troubling out unrestricted access to the internet, to represent them here in Washington. because, in America, the public com- entrepreneurs may be forced to pay for The result was just as shocking to ment process matters. It is one of the equal footing to compete online rather Democrats as last night’s result was to few opportunities Americans have to than focus on expanding their business. Republicans. It also came when we weigh in directly with the FCC. That is Small businesses unable to pay for ac- were in the middle of another histori- why I joined several of my colleagues cess to faster internet service may cally important policy debate here in in calling on Chairman Pai to delay the soon find themselves struggling to Washington—healthcare. A lot of peo- vote until the FCC fully investigated compete from the slow lane, not the ple thought Democrats should ram these fake and foreign comments. De- fast lane. This proposal will hurt the through the final version of their bill spite our calls, the FCC is still moving very people creating jobs and keeping in Congress before Brown could be seat- ahead with its vote. Despite 23 million our economy competitive. ed. comments, they are still moving ahead As a strong supporter of a free and Now, I could stand here and read you with their vote. open internet, it is clear that repealing quote after quote after quote from Re- Under Chairman Pai’s plan, the FCC net neutrality is a step in the wrong di- publicans, who now control the Senate, gives internet service providers the rection. We are facing an increasingly talking about how unfair that would ability to significantly change con- global and interconnected economy, be, how corrupt that would be, and how sumers’ experience online. Internet and it is critical that the internet re- anti-democratic that would be. I could service providers may soon be able to main a hub of entrepreneurship, cre- go on and on about how today’s Senate block, slow, and prioritize web traffic ativity, and fair competition. majority leader, MITCH MCCONNELL, for their own financial gain, not for the The fight to protect net neutrality is said this would be gamesmanship, but I average citizens’ gain but for their far from over, and we need to keep the am going to talk about what Demo- gain. This means, internet service pro- pressure on. We have seen merger after crats actually did. viders could begin sorting online traf- merger after merger. We have seen con- Democrats rejected the idea of ram- fic into fast or slow lanes and charging solidated businesses, bigger and bigger ming through the bill before Brown consumers extra for high-speed and bigger. So now what is the next could take his seat in the Senate. Al- broadband. They would also be able to step here? To limit net neutrality to most immediately, Jim Webb, a Demo- slow consumers’ connections once they make it harder for the small guys, for cratic Senator from Virginia, called for have hit a certain data limit or if they the ones who are trying to get into the a suspension of any healthcare vote are viewing content from a competitor, market to compete. It is not just an until after Brown arrived. The day and internet service providers may isolated philosophy; it is actually part after the Massachusetts election, the even block content they don’t want of a larger philosophy, which means Senate majority leader, Harry Reid, their subscribers to access. So much that smaller companies, that individ- said publicly: ‘‘We’re going to wait for an open internet. uals are going to have a hard time get- until the new Senator arrives until we The only protections maintained ting into the market and getting free do anything more on health care.’’ under the proposed order are require- access like the big guys. Massachusetts Democratic Senator ments for service providers to disclose That is why we ask Chairman Pai to John Kerry held a joint press con- their internet traffic policies. However, reconsider this vote on Thursday and ference with Republican Scott Brown to come up with a new policy that for consumers with only one choice for that same week, where he said: doesn’t hurt the people of America. internet service, like many in my Seating Scott Brown as expeditiously as It is no surprise today that the poll I possible is important. We want to respect the State and like many in rural areas, saw said the vast majority of Ameri- election results. And nobody wants to delay there is no real opportunity to com- cans don’t favor getting rid of net neu- this process. parison shop or find a new provider if trality, and in fact it showed the vast President Obama, whose entire they are unhappy with their service. majority of Republicans don’t favor healthcare agenda was on the line, said This means that even though con- getting rid of net neutrality. So we ask this: sumers may be aware that their inter- Chairman Pai, who was appointed Here’s one thing I know and I just want to net service provider is blocking or chairman by a Republican President, make sure that this is off the table: The Sen- slowing their connection, they actually to reconsider this decision. ate certainly shouldn’t try to jam anything don’t have a choice so what does that Thank you. through until Scott Brown is seated. People information matter to them anyway? I yield the floor. in Massachusetts spoke. He’s got to be part This proposal will harm consumers, The PRESIDING OFFICER (Mr. of that process. particularly in rural areas. It will limit TILLIS). The Senator from Massachu- Now, this wasn’t an easy decision. competition, and it will hurt small setts. Waiting for Brown slowed down the business, entrepreneurship, and innova- REPUBLICAN TAX BILL adoption of healthcare for 2 additional tion. Ms. WARREN. Mr. President, we are months. More importantly, it meant What I have seen around this place is in the middle of a historically impor- Democrats lost their filibuster-proof that everyone is talking about rural tant debate here in Washington. Re- majority and, as a consequence, the broadband. They want to expand publicans have hatched a partisan pro- final bill couldn’t achieve nearly as broadband. I want to expand posal behind closed doors that would much as Democrats had hoped for, but broadband. Well, you can expand shovel a trillion dollars in tax give- we did it anyway. broadband all you want, but it is not aways to giant corporations and the We did it because democracy mat- going to matter if people aren’t able to wealthy while undermining the ters, even when it means it might slow afford to access it. healthcare and raising taxes for mil- down a President’s agenda. Democracy A truly open internet encourages lions of middle-class families. If it matters, even when a Senate seat held economic growth and provides opportu- passes, it could affect the lives of every for decades by a liberal lion is taken nities for businesses to reach new mar- single American for an entire genera- over by a conservative. Democracy kets, drive innovation, and create jobs. tion. matters, especially when it is incon- Small businesses remain engines of job Now, last night, the people of Ala- venient. creation, and net neutrality levels the bama elected a new Senator to rep- If we are honest, we know that there playing field, allowing small companies resent them here in Washington. So hasn’t been a lot of democracy around to compete with more established now Republicans who control the Sen- this tax bill. This is a bill that was brands. That is what America is ate face a choice. Will they allow Sen- written and rewritten in the dead of about—allowing more innovation and ator-elect Doug Jones to take his seat night, behind closed doors. It is filled small companies to come up and com- among his colleagues before a final with errors and unintended con- pete. vote on their tax plan? sequences. It is animated by a rotten

VerDate Sep 11 2014 02:32 Dec 14, 2017 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.009 S13DEPT1 December 13, 2017 CONGRESSIONAL RECORD — SENATE S7987 wealth transfer from millions of hard- companies from deciding how or when will pop open those champagne bottles. working Americans to a handful of cor- we use the internet, rules that have the They will have the power to block ac- porations and billionaires. overwhelming support of the vast ma- cess, to filter content, to charge But up until now, we have at least re- jority of Americans, Republican or more—three powerful ways that they spected the principle that each State Democrat. will pick the next round of America’s gets to pick its Senators, and those But big internet companies don’t winners and losers. That is not the way Senators get to vote for or against the want the FCC to work in the public in- it should work in America. The inter- final product. This afternoon, we are terest; they want the internet to work net doesn’t belong to big internet com- being told that Republicans have a for them. Long before the FCC passed panies; it belongs to all of us, and all of final tax deal. Nobody has seen it, but net neutrality rules, those giants were us should be part of this fight. we could be voting on it in the next working to establish control over the Net neutrality matters. For the en- couple of days. There is no reason to open internet. After net neutrality trepreneur working around the clock ram through that kind of massive re- rules were passed, they stepped up on a shoestring budget to build an in- structuring of our economic system be- their attack, deploying armies of lob- vention that can change the world, net fore Alabama gets its new Senator un- byists and lawyers and investing mas- neutrality matters. For the small fam- less Republicans are concerned that sive amounts of money to bury net ily business that depends on online cus- their deal won’t withstand a couple of neutrality rules. tomers to keep its lights on and its more weeks of public scrutiny. Now they have the champagne doors open, net neutrality matters. For The election of Doug Jones will not chilled and ready to pop open. They the blog writer or local journalist who change which party controls the Sen- have a President and a GOP-controlled works each day to bring us important Congress that is more interested in ate. The election of Doug Jones will news about our communities, our gov- stuffing the pockets of the rich and not give him or Democrats the power ernment, and our world, net neutrality powerful than taking care of the work- to block the tax bill or any other piece matters. For every American who uses ers, small businesses and entre- of legislation, but it will respect the the internet for any reason, net neu- preneurs, students, children, the sick, people of Alabama and their choice. It trality matters. the elderly, and just about everybody should happen before any more tax Ingenuity is in America’s DNA. It is else. President Trump’s choice to lead votes take place in the Senate. that spirit of curiosity and adventure the FCC, Ajit Pai, is dedicated to NET NEUTRALITY that has put us at the forefront of the transforming the FCC from an agency Mr. President, almost 60 years ago, search for what is next. Government that works in the public interest into a America entered the space age. We works best when it makes sure every- big business giveaway group. pushed the bounds of human knowledge Pai has been a vocal opponent of net one has equal access to the resources to do, see, and create things that fun- neutrality rules for a very long time. that make that possible. damentally changed the way we live After President Trump won the elec- In Massachusetts, Free Press, the our lives. The government was right tion, Pai gleefully declared that net Massachusetts Chapter of the ACLU, smack at the center of all of it, dedi- neutrality’s days were numbered. Pai Fight for the Future, and countless cating resources and manpower to ex- claims that nondiscrimination rules other groups have led the fight to de- plorations of science, medicine, engi- harm giant internet companies by fend net neutrality and help citizens neering, and technology. The Defense making it more difficult for them to make their voices heard. Advanced Research Projects Agency, or create new and better products. He I urge every American to speak out DARPA, was a product of that commit- thinks that if these giants can dis- about why net neutrality matters. I ment, and it was there at DARPA that criminate against small businesses or urge the FCC to abandon its plan to a bunch of government and govern- individuals, then these giants can pick kill net neutrality rules, and I ask the ment-funded researchers created the who gets the fast lane into your tele- FCC to defend an internet that is fair internet. vision set and who is stuck off on the and open to all. In the intervening decades, what dirt roads. If these giants can dictate Thank you, Mr. President. started in that government Agency which startups get a foothold and I yield the floor. provided the building blocks for what which ones are left on the ground, then The PRESIDING OFFICER. The Sen- we experience as the internet today. the giants will be better off. Of course, ator from Oregon. Creative minds in government, at col- he is right—the giants will be better Mr. WYDEN. Mr. President, I intro- leges and universities, in businesses, off, but everyone else will be a lot duced the Senate’s first strong net neu- and at homes and garages all across worse off. trality bill back in 2006. I rise today to the country toyed and tinkered and Chairman Pai is so committed to give my strongest possible condemna- pushed us into the digital age. these internet giants that he is willing tion of what the Federal Communica- Today, internet use is nearly uni- to rewrite the Federal rules in order to tions Commission’s head, Mr. Pai, is versal. Although internet access re- help them out. He is even willing to re- seeking to do, which is to roll back mains limited in many rural and low- write the rules so State and local gov- protections that ensure a truly free income areas, students of all ages go ernments won’t be allowed to pass any and open internet for our people. online to access educational tools and consumer protection laws to protect This is a handout. It is a holiday gift conduct research for many school as- their own citizens. Chairman Pai’s no- to a collection of giant internet compa- signments. Entrepreneurs and small tion of a fair and open internet is one nies to increase their profits at the ex- businesses sell goods and transact busi- that works for the highest bidder and pense of the consumer. ness online. Families come together to it just leaves everyone else behind. Before I actually begin my remarks, watch their favorite movies or shows. Tomorrow, the FCC will vote on I see Senator FRANKEN is on the floor, The internet and broadband services whether to eliminate the protections as well. I would like the public to know have become an important part of our that ensure that the internet remains how important his leadership has been lives. fair and open to all Americans—protec- on these issues. He and I have Government is just as important now tions that the vast majority of Ameri- partnered on these issues ever since he as it was back when the internet was cans support. Pai has barrelled full came to the Senate. He was on the key created. By enforcing and imple- speed ahead despite disturbing reports committee, the Judiciary Committee. menting America’s communications that potentially hundreds of thousands He has been a go-to figure in a key spot laws and rules, the Federal Commu- of comments submitted during the pub- on this issue. nications Commission, the FCC, plays lic comment period were fake, and he I want to continue this discussion a critical role in making sure that the has ignored the FCC’s responsibility to after Senator WARREN’s terrific presen- internet remains fair and open. turn over documents of consumer com- tation. I know my colleague is going to In 2015, the FCC enshrined that com- plaints about discriminatory behavior speak on this, as well. mitment in an open internet order, es- by internet providers. I want the public to know that Sen- tablishing net neutrality rules—strong, If the FCC eliminates net neutrality ator FRANKEN has made a big difference public interest rules that prevented big protections, giant internet companies for the consumer on these issues. Those

VerDate Sep 11 2014 02:32 Dec 14, 2017 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.011 S13DEPT1 S7988 CONGRESSIONAL RECORD — SENATE December 13, 2017 of us who have been toiling in these some of our discussions, free data is The first key vote is tomorrow, De- precincts are very appreciative of what gone. That is it. Free data goes away, cember 14. What I have been doing is he has done. and the American consumer—which is spending a good chunk of my waking I want people to understand what net my fear when you think about what it hours—obviously, we have the tax neutrality is, because Senator really means to somebody sitting in issue, which is enormously important. FRANKEN and I have talked about this Minnesota at home, and I see my col- This is enormously important, too, to over the years. I think there is a little league Senator MERKLEY from Oregon tell the American people this is a time confusion over what it is. Net neu- as well. The free data goes away under to make their voices heard. My mes- trality means that after you pay your what I described, and the consumer at sage to the American people on net internet access fee, you get to go where home in Minnesota or Oregon is stuck neutrality is to get loud. This debate is you want, when you want, and how you with few choices at higher prices than far from over. want. It is the essence of ensuring that they have today. That is what the loss We know Chairman Pai plays a everybody gets a fair shake, that all of net neutrality means. strong hand tomorrow—there is no bits are created equal. It is the founda- I care deeply, as my colleagues do, question about that—but then it goes tion of what has kept the internet free about innovation and startups and to the courts. Some of our colleagues and open. small businesses. Senator WARREN was are looking at approaches here on the Before I get into my prepared re- eloquent on this point. There are going floor. I want, as much as anything, to marks, I want people to understand to be a lot of people who aren’t a start- make sure the American people know what happens if you don’t have net up. They are going to ask: What does it we understand—Senator FRANKEN and neutrality. If you don’t have net neu- mean to me? What it means—I have Senator MERKLEY—that political trality, in effect, big companies can just walked people through an exam- change doesn’t start in government manipulate who is going to win and ple—is, that typical person is going to buildings in Washington, DC, and who is going to lose in the market- be stuck with fewer choices at higher trickle down is bottoms up. If ever place. They will continue to manipu- prices. there was an issue for bottoms up, it is late who wins and who loses until and Two years ago, Tom Wheeler, then net neutrality. after we get fewer services and the con- the head of the Federal Communica- Not only are the majority of Ameri- sumer gets higher prices. So this is not tions Commission, put in place a cans opposed to Chairman Pai’s pro- some kind of abstract discussion. strong framework, something with posal, many of the comments solicited Let me flesh out some of these re- teeth that was enforceable, called title for input are fake. These fake com- marks for a few minutes because I II of the Communications Act, to make ments have been attributed to bots and know my colleagues have been waiting, sure the government, the FCC, had the false identities or linked to Russian IP as well. tools to protect net neutrality. addresses. Since the origins of the internet, the Chairman Wheeler, like Chairman Any argument that this agency, the defining feature has been that all infor- Pai, worked for industry for much of Federal Communications Commission, mation—all bits, as we know it—gets his career in Washington, but rather has a transparent process with com- the same fair shake. If you are a big than serve his former employers, Tom ments from the American people is not company or a mom-and-pop ice cream Wheeler said: I am going to use my ex- true. This is not government for the shop with a website, your content gets perience working in the private sector, people. This is government for the spe- to everybody’s home at the same speed. my experience in how companies oper- cial interests. That is what net neutrality is all ate, to design and implement construc- Just a couple of other points, and let about. Net neutrality keeps internet tive and effective consumer protec- me wrap this up so my colleagues can service providers from favoring one tions. What a contrast between the two have the floor. type of content over another. Chairs of the Federal Communications Chairman Pai has been out there ar- The market has changed since 2006 Commission. Both of them are from in- guing falsely, in my view, that without because the market for access to the dustry. Both of them did well in indus- title II protections, Big Cable will internet has changed. Where once there try. We consider it a good thing in make more money and use those prof- were legions of dial-up providers and America that we have a prospering pri- its to invest in infrastructure. This is DSL resellers, we were seeing a few vate economy. Tom Wheeler used it what I call the trickle-down theory monopolies and duopolies dominating and that expertise to help the public. about telecommunications. neighborhoods across the country. That is not what we are seeing today. First of all, the existing regime was With their power to dictate where you There isn’t any need to fix what isn’t called title II—tough rules. It has not could go and what you could see on the broken. There are strong net neu- been a roadblock in investment and net, they had and continue to have the trality protections in place right now. broadband. In fact, cable giants have power to suppress those sites and those Since the 2015 rules went into place, continued to invest in broadband infra- services that you would have chosen our economy has grown up around this structure even when strong net neu- yourself in a free marketplace, driving leading principle of equal access to in- trality protections were put in place in them out of business. formation and customers. 2015. Again, to lay out what this means for The day before Thanksgiving, Chair- Publicly available documents show people who are following this, that man Pai released his proposal to strike that investment by internet service means that instead of Netflix, down the 2015 rules that ensure real net providers was 5 percent higher during YouTube, or Amazon, you could be neutrality but also prevent States from the 2 years after strong net neutrality forced to get your video content from introducing their own approach to net rules were adopted than for the 2 years something called go90, whatever the neutrality. prior. Comcast, for example, has in- heck that is. It certainly isn’t a service Rather than listening to the millions creased its investment by 25 percent that has been able to compete in a free of voices who spoke up on behalf of real since 2013. internet market. But all that changes net neutrality and against this pro- Big Cable, in their own statements, when Verizon can charge you more to posal to allow pay-for-play or what I show that none of the major internet get to YouTube or Facebook than it really call—I say to the Senator from service providers told their investors costs to reach their own service. Minnesota—a trickle-down tele- that net neutrality protections nega- Without strong net neutrality pro- communications policy, which is to tively impact their investments. That tections, AT&T might provide—and we just let the big guys make as much is based on publicly verifiable docu- always put it in quotes—‘‘free data’’ money as they want, and maybe some- ments. for customers streaming HBO. That is thing eventually trickles down to rural What we have is Chairman Pai mak- pretty good if you watch HBO, but Minnesota or rural Oregon. ing the argument that net neutrality without net neutrality, it could starve Chairman Pai is going to keep push- provisions with teeth are going to be other creators and subscribers nec- ing pay-for-play and is expected to ig- pretty much the end of investment and essary to survive, until soon enough, as nore the will of the public and demol- sort of Western civilization as we know Senator FRANKEN has pointed out in ish net neutrality rules. it. Public documents show otherwise.

VerDate Sep 11 2014 02:32 Dec 14, 2017 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.012 S13DEPT1 December 13, 2017 CONGRESSIONAL RECORD — SENATE S7989 Publicly available documents show As I reflect on my time in the Sen- perhaps more than ever, the need to otherwise. ate, there are, of course, moments that preserve a free and open internet is The FCC Chairman once claimed that stand out as particularly significant. abundantly clear, so we can’t give up a policy of voluntary net neutrality One such moment came in February now. would be another way to go. Any talk 2015, when American consumers and Three years ago, the FCC sustained of a voluntary solution to net neu- businesses celebrated the FCC’s land- strong net neutrality rules, and mil- trality is just nonsense. mark vote to preserve a free and open lions of Americans voiced their support Allowing a net neutrality provider to internet by reclassifying broadband for them. The FCC must maintain and follow net neutrality has about as providers as common carriers under fully enforce the important court-test- much of a chance of working—there is title II of the Communications Act. ed rules that are already in place. Also, about as much of a chance that the big While I had long urged the FCC to perhaps more importantly, the agency cable companies will honor voluntary ground net neutrality rules in the must respect the democratic process net neutrality as there is of getting agency’s authority under title II, it and the voices that made themselves so Ava and William Wyden, my 10-year- wasn’t just the outcome of this vote clear in 2014 and over the course of the old twins, to voluntarily limit the that made such an impression on me last few months. There is just too number of desserts they have at dinner. then, or now, as I am looking back. much at stake. It is not going to happen. It is not The FCC’s 2015 vote came after the Thank you, Mr. President. going to happen, folks. It is not going agency received nearly 4 million public The PRESIDING OFFICER. The Sen- to work for open and fair access to the comments, making it the then most ator from Oregon. Mr. MERKLEY. Mr. President, I internet; it wouldn’t work with Ava commented on FCC issue by a factor of thank my colleague from Minnesota and Will Wyden. three. The vast majority of these com- for being such a champion on this On the same exact date as the Fed- ments urged the agency to enact issue, and many others, where it is a eral Communications Commission pro- strong rules protecting net neutrality, question of whether we have govern- duced its rulemaking rollback to title protecting the equal treatment of all II, Comcast removed the pledge on its ment of and by the powerful or govern- content on the internet, which has ment by and for the people of the website that it does not prioritize been the architecture of the internet internet traffic or create paid fast United States of America. We have since the very beginning. Americans seen issue after issue after issue this lanes—so much for voluntary policy. from across the political spectrum or- In my view, the only way the poten- year on healthcare, on taxes, and now ganized to ensure that their voices tial of the internet can be fully tapped on net neutrality, and I thank the Sen- were heard, and they were. This was is by ensuring that one form of content ator from Minnesota for his advocacy. democracy in action. is not provided a preference over an- Mr. President, last night we had an Now, as Chairman Pai pushes forward other form of content by their internet election. I have heard many of my col- to undo the open internet order, we service provider. leagues on the Republican side say that The Trump Federal Communications have seen another awe-inspiring dem- elections have consequences. Now, Commission is barreling ahead to blow onstration of grassroots advocacy. Mil- however, we see that they are attempt- up this level playing field that is so lions of Americans from every corner ing to deliberately slow down the op- crucial to innovation and free speech. of the Nation and background imag- portunity for the newly elected Sen- I close only by way of saying that inable are joining the movement online ator from Alabama to come here and this is also a lifeline for the startups. and in the streets to ask the chairman serve in the U.S. Senate. They took Those startups are dreaming of being to rethink his dangerous proposal and quite a different view when the ques- the next YouTube, Google, or eBay. to preserve net neutrality. tion was a special election in Massa- This is not about Google or eBay. This When things get tough, as they have, chusetts, when a Republican Senator is about the startups. time and time again in the last year, was elected to take the seat once held I would be staying to hear my col- Americans have resisted in protest. It by Ted Kennedy. The Democrats con- league Senator FRANKEN make his re- is these movements that make the dif- curred and the President of the United marks on net neutrality but for the ference. Just look at the Republicans’ States, President Obama, concurred fact that we are about to start the tax failed attempt to repeal and replace that he should be seated; that nothing conference. I close my remarks where I the Affordable Care Act. should be jammed through in a fashion opened them. Senator FRANKEN has Ironically, the kind of civic partici- that tried to bypass the weight and been our go-to person on these issues pation that has aspired so many of us opinion of the people of the State of since he came to the Senate. We are so in recent months and has affected real Massachusetts in who would represent grateful he looked at this issue change depends, in no small part, on an them. But this Chamber seems ready, through the prism of what it means for open internet. If the Chairman ulti- under this majority leadership, to ab- the person without power and clout. I mately has his way, we will be entering solutely try to trample the people of thank him for his leadership. a world where every voice might not Alabama, who said where they stand The PRESIDING OFFICER. The Sen- matter, a world where a handful of last night. This Chamber wants to deny ator from Minnesota. multibillion-dollar companies have the them that voice here on the floor of the Mr. FRANKEN. Mr. President. I power to bury sites offering alternative Senate. thank the Senator from Oregon, my viewpoints or control how users get Back a few years ago, in June of 2013, friend, for his extraordinarily kind their information, a world where the there was a House election in Missouri, words. He, too, has been a leader intro- deepest pockets can pay for a fast lane and a Republican was elected to that ducing the first net neutrality bill while their competitors stall in a slow empty seat. Jason Kander, the Demo- back in 2006, before I came to the Sen- lane. cratic secretary of state in Missouri, ate. See, it is because of net neutrality said that he should absolutely be seat- I rise to talk about tomorrow’s vote that people from across the Nation can ed in Missouri’s Eighth District. JASON at the FCC on a proposal that would connect with each other, share their SMITH, the candidate chosen by Mis- throw out the strong net neutrality ideas on the internet, and organize a souri, was seated in the House of Rep- rules Americans have fought so hard community effort just like the Project resentatives, I believe within 18 for. They are rules that ensure that all Net Neutrality protests we have seen hours—within 18 hours—so the people content on the internet receives equal at Verizon stores across the country. of Missouri could have fair representa- treatment from broadband providers I have spent nearly the entirety of tion. So Democratic Senators and a regardless of who owns it or how deep my time in the Senate pushing for Democratic President and a Demo- their pockets are. strong net neutrality rules. I have al- cratic secretary of state in a Southern Plain and simple, these rules are ways called it the ‘‘free speech issue of State said to honor the people of the about ensuring that the internet re- our time’’ because it embraces our United States. I call upon the majority mains the platform for innovation, eco- most basic constitutional freedoms. leader to defend the people of Alabama nomic growth, and freedom of expres- Unrestricted public debate is vital to and seat their Senator and do it under sion, as it has always been. the functioning of our democracy. Now, the same 18-hour standard.

VerDate Sep 11 2014 02:32 Dec 14, 2017 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.014 S13DEPT1 S7990 CONGRESSIONAL RECORD — SENATE December 13, 2017 We are here today to talk about an- movies are playing. We check the site would you have gone to? Of course other example of the powerful versus internet to find out what the sports you would have gone to the site that the people. We have seen time and time scores are and what is the latest news. can update quickly. That is the point. again, over the course of the last few We order our airline tickets. We do so We shouldn’t allow powerful compa- months, the President of the United many things on the internet during the nies to extort Americans over the in- States standing up for the powerful and course of our everyday lives. Yet here formation flowing through the inter- trying to crush the people of the is President Trump saying: We want to net. It is not fair to American citizens. United States, trying to rip healthcare take that level playing field of fairness It is not fair to American entre- from 30 million Americans in order to for consumers across America and let preneurs. It is not fair to the distribu- give special benefits to the richest some powerful companies decide who tion of knowledge. We must defeat it. Americans. We have seen the President gets to provide information, which Thank you, Mr. President. of the United States sign in the Oval websites to allow to have information The PRESIDING OFFICER. The Sen- Office a measure that would enable a and which ones we are going to slow ator from Missouri. powerful company, when in a dispute down, whom we are going to put in the TAX REFORM BILL with a consumer, to choose the judge, fast lane and whom we are going to put Mr. BLUNT. Mr. President, the good to pay the judge, to promise a judge fu- in the slow lane. news about the tax bill that I believe ture business. What kind of fairness is The internet is so critical to the free- we will pass over the next few days is that for an ordinary American up dom of information. This is really an that it will go into effect on the first against a powerful company, where the assault on freedom of information. It day of January and people will quickly powerful company gets to choose a was James Madison who said that ‘‘the see, no matter how loud others are judge? Yet my Republican colleagues advancement and diffusion of knowl- talking, the exact facts. For work done voted overwhelmingly to crush the op- edge is the only guardian of true lib- in January, people who get that check portunity of an ordinary citizen versus erty.’’ Yet my colleagues and President in January or February or whenever a powerful company in a consumer dis- Trump want to give powerful compa- they get paid for their January work— pute. nies the ability to control what infor- there is going to be a substantial tax Then we have the tax bill. The tax mation is shared in America. decrease for working families at all bill says that if you earn less than Think of a highway. We have a high- levels. Our friends want to talk about $30,000, you get a tax increase, and if way and everyone gets to use it, and what happens after 2025 or 2027, but you are in the middle class, 87 million you can be in the slow lane if you surely the Congress can do its job be- of you will get an increase in your choose because you want to save fuel, tween now and then. taxes. And by the way, we are going to or you can get in the fast lane and pass This is a pro-growth policy. There give several trillion dollars to the very somebody who is going more slowly. are two ways to increase people’s take- home pay, and we are going to pursue richest Americans and the most power- We don’t have someone saying: Hey, we both of them. One is to take less out of ful corporations. It is another example are only going to allow the richest your pay right now. That will happen of a bank heist on the National Treas- Americans to drive in the fast lane. We not a year from now and not a year and ury—our Treasury—to deliver benefits are only going to allow the most pow- a half from now; that will happen next to the best off, to the richest in Amer- erful corporations to be in the fast month. So next month, when people ica. lane. For the rest of you, you get to go get their paychecks, it will be clear to Oregon is about 1 percent of the na- to the slow lane. I don’t care if there is them who had the facts and who didn’t tional population. If you take 1 percent a truck going 25 miles per hour, you have the facts on this. The second way of $1 trillion, that is $10 billion. I can are going to be stuck behind it unless it will increase people’s pay is by hav- tell my colleagues what we can do for you pay me a whole lot of money to get ing better jobs to start with. Hundreds families in Oregon with $10 billion. We out of that lane. of economists who have looked at this can invest in needed infrastructure to The internet for the rich and power- bill say that it will make the United have a stronger economy and put a lot ful is wrong, and we have to stop it. If States of America the best place to in- of people to work with living-wage the Federal Communications Commis- vest money and create jobs, and I think jobs. We can add teachers to our public sion doesn’t get the message this we will know sooner rather than later school classrooms so that our class- Thursday, we need to overturn their that that happens. rooms offer better opportunity for our rule here on the floor of the Senate. So good tax policy, commonsense I get a chart each day showing me children to learn and to thrive. We can regulation, and judges—another thing make college more affordable. We can the calls from yesterday. Here I have a we are working on this week—make a improve our community health clinics bar saying how many people called difference in how people look at the to make sure healthcare is available to about net neutrality and which side of economy that they want to invest in all, which is so critical to quality of the issue they weighed in on. So 544 and an economy that they want to life. But no. My Republican colleagues people called in favor of net neutrality, grow. Why would judges make a dif- say: Let’s give this money to the rich- and according to this chart, zero people ference? Judges make a difference be- est Americans. Let’s raid the National called in favor of powerful corporations cause judges create a sense of fairness Treasury and enrich the best off among instead controlling the internet. I have in the court. They create a sense of an us. since been informed we did get 1 call, ability to get your case heard. And That is because we have a funda- so let’s make it 544 to 1 instead of 544 they create a sense that what the law mental cycle of corruption in cam- to zero. Have you ever seen an issue says hopefully is what the judge will paigns that is enabling such a bizarrely where you have that kind of ratio of decide rather than what the judge inappropriate bill to ever get heard on ordinary people weighing in and say- thinks the law should say. the floor of the Senate. I say ‘‘bizarrely ing: Don’t let the powerful take over We are making great progress in all inappropriate’’ because our govern- our internet. People want a level play- of those areas if we add good tax policy ment wasn’t founded to mimic the pow- ing field for consumers, a level playing to what has been happening. erful kingdoms of Europe that govern field for distributing knowledge, a level Right now, Mr. President, we are by and for the richest. We had a vision playing field for entrepreneurs so that talking about judges, and President of government of, by, and for the peo- the new startups can compete with the Trump has a unique opportunity to ple. Googles and the Amazons of our coun- shape the long-term view of the judici- Now we have this issue of net neu- try. ary. This week we are going to confirm trality, and once again President I ask you, if you had a choice be- three circuit judges, and I wish to Trump and the Republicans are weigh- tween two websites last night to follow speak in just a little while about what ing in to crush ordinary people in favor the election in Alabama and one was in that means. of powerful corporations. The internet the fast lane and could replenish its At the start of President Trump’s has become essential to all of us in our numbers instantly and one was going term, 12 percent of all of the Federal daily lives. We consult it to find out so slow that the numbers were going to judiciary seats were vacant. No Presi- where to go to a restaurant or what take 5 minutes to get posted, which dent has had that kind of opportunity

VerDate Sep 11 2014 02:32 Dec 14, 2017 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.015 S13DEPT1 December 13, 2017 CONGRESSIONAL RECORD — SENATE S7991 since President Clinton had that oppor- system is straining the capacity of the or yielding back of that time, the Sen- tunity now almost 25 years ago when federal courts to [do their job].’’ ate vote on the confirmation of the he started his first year. And the Presi- In cooperation with the President, we Willett nomination; and that, if con- dent will have the opportunity—and is have a job to do here. The capacity to firmed, the motion to reconsider be making the most of it—to fill those va- hear these cases is important. Justice considered made and laid upon the cancies. delayed is justice denied. table and the President be immediately I believe President Trump made the Filling these vacancies is also crit- notified of the Senate’s action. right choice when he selected Justice ical to ensuring that the balance of the The PRESIDING OFFICER. Is there Gorsuch to serve on the Supreme Constitution is in place. This was a objection? Court. There was a record as a circuit brandnew idea when James Madison Without objection, it is so ordered. judge; you can look at what he had de- and others thought of putting a ma- I yield the floor. cided. The Presiding Officer and I and chine together. They sometimes re- The PRESIDING OFFICER. The Sen- other Members of the Senate can look ferred to the Constitution as the in- ator from Texas. at what he has decided and anticipate, strument that would be the guideline Mr. CRUZ. Mr. President, this week after 10 years of that record, what his for a machine—a machine that was so is a great week for the State of Texas record would look like. It makes a dif- finely balanced that it would govern and for the Federal judiciary because ference. I have no doubt that President itself. this week we will be confirming two ex- Trump will continue to nominate The courts—the judiciary—the legis- emplary judges from the State of Texas judges who will rule as did Justice lative branch, and the executive branch to the U.S. Court of Appeals for the Scalia, whose unfortunate death cre- all have unique powers, and those Fifth Circuit: Texas Supreme Court ated the most recent vacancy. unique powers were designed to keep Justice Don Willett and former Texas Justice Scalia, by the way, served on the government in check. This concept, Solicitor General Jim Ho. These will be the Supreme Court for 26 years after new in 1787, has worked well for us, but the 11th and 12th court of appeals the person who nominated him left the it doesn’t work if one of the groups is nominees who we will have confirmed White House and 13 years after Presi- allowed to become out of balance. So this year—a modern-day record. dent Reagan died. So the legacy of filling these vacancies matters. Indeed, I looked up just the other day what happens here is important. The leadership of the majority leader the number of assigned slots on the Justice Scalia was profound in his and the leadership of Chairman GRASS- Federal courts of appeals. It is 179. This sense that the work of the Court was LEY in his committee make a dif- means the 12 that have been nominated not to decide what the legislature ference. As we move forward with the and confirmed this year represent should have done; the work of the confirmation process for three more roughly 7 percent of the appellate Court was to decide what the law and nominees this week, we are advancing bench. That is a powerful accomplish- the Constitution said. There are ways our goal of restoring the courts to ment for the first year of this Presi- to change the law, and there are ways judges who will determine what the dency, a powerful accomplishment for to amend the Constitution, but a per- law says, not what they think it should this Republican majority in the Sen- son on the Court needs to look at what say. ate, and a powerful legacy that will ex- the Constitution and the laws say. I urge my colleagues to support these tend decades into the future, pro- While Supreme Court vacancies tend well-qualified nominees. But I also tecting our constitutional rights, pro- to get a lot of attention, it is just as urge my colleagues on the other side to tecting the Bill of Rights, protecting important that the Senate nominate stop using the process to frustrate the the First Amendment, free speech, reli- and confirm the jobs the President and other work of the government. There is gious liberty, protecting the Second the Senate share. It is our responsi- a right to 30 hours of debate, which is Amendment, and protecting all the bility too. what we are in right now; we are in 30 fundamental liberties we enjoy as The Constitution could have said: hours of debate on a circuit judge, but Americans. Will report to the Senate, and, unless nobody is talking about that circuit With respect to Don Willett and Jim there is some big objection, that person judge. Other bills could have been Ho, I have known both of them for dec- becomes a judge. That is not what it brought to the floor, and other issues ades. Both are close friends. Both are says. It says: The Senate will confirm. that could have been dealt with aren’t brilliant lawyers. Both have spent dec- As of this morning, there are slightly being dealt with because the minority ades earning a reputation as principled more than 140 lifetime vacancies on the has decided to abuse their power—to constitutionalists who will remain courts to be filled. So far this year, we say that we are going to have 30 hours faithful to the law and will not impose have confirmed 10 circuit court judges. of debate about this judicial nominee, their own policy preferences from the By the time we leave this week, I think and then have no debate about the ju- bench. we will have confirmed 12 circuit dicial nominee. Beyond that, both Don and Jim are judges this year. That will be close to It doesn’t mean we don’t need to con- testaments to the American dream. a post-World War II record. It has been firm the judges, but it does mean, if we They have both taken different paths a long time since World War II, and it did so in a way that made sense for the to the Fifth Circuit, but both of their has been a long time since a President people we work for, we would be doing stories encapsulate what is so incred- has had the opportunity to do that. other business now, and these three ible about this great Nation. Why do we need to do that? First of judges would have already been con- Justice Willett was born Donny Ray all, the people of this country have a firmed. They will be confirmed this Willett—his birth certificate doesn’t right to seek justice and to believe week. say Donald; it says Donny Ray—in that the rule of law will prevail. The My belief is that if the rules designed July of 1966, to an unwed teenage Supreme Court hears about 100 to to protect the minority in the Senate mother. He was a sickly and frail new- maybe 150 cases in a year, but the 12 are abused, they will not last forever. born who was not even expected to sur- circuit courts—where you appeal a Eventually, you have to say: OK, facts vive until Christmas. But he was lower Federal court ruling to—hear are facts. This rule isn’t being used nursed back to health and then adopted many cases, and about 7,000 of those this way, and the Senate has to do the by an incredible couple who were un- cases are appealed to the Supreme people’s work. If rules have to be able to have their own children. Court; the Supreme Court deals with changed to do that, I am for changing Justice Willett grew up in a double- 100 to 150 of them. So the judges in the those rules. wide trailer in a small town of just 32 12 circuits often write what, in our Mr. President, I ask unanimous con- people, surrounded by cotton and cat- structure, is essentially final law; the sent that notwithstanding rule XXII, tle. His town had a cotton gin and a final rule of any court is at the circuit at 4 p.m. on Wednesday, December 13, Catholic church. That is about it. level. there be 30 minutes of postcloture time Justice Willett suffered heartbreak The Federal Bar Association says remaining on the Willett nomination, early in life. His father passed away at that the ‘‘number of federal judicial equally divided between the leaders or age 40, just 2 weeks after Justice vacancies throughout the federal court their designees; that following the use Willett turned 6 years old. He was

VerDate Sep 11 2014 02:32 Dec 14, 2017 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.017 S13DEPT1 S7992 CONGRESSIONAL RECORD — SENATE December 13, 2017 raised by his widowed mother, who Acosta. Later that year, he joined the Sadly, Senate Democrats insisted on waited tables at the local truck stop. Department’s Office of Legal Counsel. and provided a party-line vote in the She would leave the trailer for her 6 After 2 years at OLC, he came here to Judiciary Committee. It is my hope a.m. shift before Justice Willett even the Senate, where he served as the first that this full body will demonstrate woke up in the morning. He would chief counsel of my colleague, the sen- more wisdom and less partisan animos- wake himself up, get fed, dressed, and ior Senator from Texas, JOHN CORNYN. ity than the Judiciary Committee then catch the bus to a neighboring After 2 years as Senator CORNYN’s chief Democrats demonstrated. town to go to school. counsel, Jim went to clerk at the Su- Both Jim and Don, I am convinced, Justice Willett was the first person preme Court for Justice Clarence will make excellent judges on the Fifth in his family to even finish high school, Thomas. Circuit. They are brilliant. They are let alone go to college and then to law At the end of the clerkship, Jim and principled. They are humble men of school. He has four degrees. He got his Allyson finally fulfilled their dream of deep character. They love their fami- bachelor’s from Baylor with a triple going back to Texas, where Jim re- lies. They are wonderful fathers. I am major in economics, finance, and pub- joined the law firm of Gibson Dunn & confident that not only will they faith- lic administration. He then received a Crutcher in Dallas. fully follow the law in the court of ap- master’s degree in political science, a Then, in 2008, my tenure as solicitor peals, but I predict Jim Ho and Don law degree, and an LLM degree from general of Texas was coming to a close. Willett will become judicial superstars. Duke. Attorney General Abbott had told me They will become jurists to which After law school, he clerked on the that if I were going to leave, I would other Federal judges across the coun- Fifth Circuit—the court on which he have to find my successor. I picked up try look. Their opinions will be cited will soon be serving—for Judge Jerre the phone and called my longtime heavily. They will be followed in other 1 friend, Jim Ho. I talked to Jim about Williams. Then, after 2 ⁄2 years at a courts of appeals. Their careful and large law firm, he decided to dedicate coming to succeed me as solicitor gen- meticulous analysis and their fidelity his career to public service. He worked eral. Jim agreed to take on the job and to the law will be held up as exemplars for Gov. George W. Bush in Texas and did a remarkable job as the chief appel- for judges across the country to follow. then for President Bush in DC. He and late lawyer for the State of Texas, rep- That is a great accomplishment for the I worked closely together in that re- resenting Texas before the U.S. Su- Federal judiciary, a great accomplish- gard. After his time in DC, he happily preme Court and all the State and Fed- ment for the Senate, and a great week returned to the great State of Texas to eral appellate courts. for the State of Texas. serve as the deputy attorney general Jim served as solicitor general from I yield the floor. April 2008 until December 2010, when he for legal counsel. Don served alongside The PRESIDING OFFICER (Mr. COT- returned to Dallas and once again re- me, working under Greg Abbott, then TON). The Senator from Wyoming. joined Gibson Dunn as a partner. A few the attorney general. We had offices TAX REFORM BILL years later, he became cochair of the just down the hall from each other. Mr. BARRASSO. Mr. President, I firm’s appellate and constitutional law In 2005, he was appointed by Gov. come to the floor today to talk about practice group. Jim has done many ex- Rick Perry to serve as an associate jus- the tax relief and tax reduction legisla- traordinary things, but nothing more tice on the Texas Supreme Court, and tion that the conference committee is so than marrying his wife Allyson, who he was reelected by the people of Texas currently working on. To me and to all is, like Jim, a Supreme Court advocate to that court in 2006 and again in 2012. Americans, this is a very important and one of the most talented constitu- I can’t tell you how proud I am to see piece of legislation. I think it is going tional lawyers in the country. Justice Willett confirmed as a judge on Allyson is my former law partner. to get even better as the House and the the Fifth Circuit and to see his lifetime When I left the job of solicitor general Senate work to hammer out the dif- of service continue in this new arena. and went to the Morgan Lewis law ferences to help lower the tax rates for Jim Ho took a different path to the firm, I promptly recruited Allyson to American families. Fifth Circuit, but his story is just as come lead the Supreme Court practice When you look at this legislation, powerful as an example of the Amer- with me. I am proud to say that over there are so many policies that will ican dream. the past 5 years, Jim’s wife Allyson has help to make America’s economy grow. Jim was born in Taipei, Taiwan. He argued more business cases before the Families across the country will get a immigrated to the United States with U.S. Supreme Court than any lawyer in tax break. It is what they need. It is his family when he was just 1 year old. Texas. what they have been looking for, for a For the first few years of his life, his Jim has become a pillar of the legal long time. Main Street businesses will family lived with relatives in Queens, community in Texas, and the out- also get a tax break. When people get a NY. Jim learned English watching Ses- pouring of support he has received raise like that, they invest in their ame Street. His family then moved to demonstrates that. To take just one families, and they invest in their com- Southern California, where he attended example, I have a letter from Ron Kirk, munities. They create jobs. Wages go high school and then went on to college the former mayor of Dallas and a up. The economy grows, and our Nation at Stanford University. former member of President Obama’s gets stronger. In 1996, Jim enrolled at the Univer- Cabinet and, incidentally, the Demo- You don’t have to take my word for sity of Chicago Law School, where he cratic nominee for the U.S. Senate who it. Respected mainstream economists graduated with high honors in 1999. He are saying exactly the same thing. Senator CORNYN defeated in 2002. By then moved to Texas for the first time any measure, he is a strong and promi- They agree that our economy needs to in his life, accepting a clerkship in nent Democrat in the State of Texas. grow. They agree that the legislation Houston with Judge Jerry Smith on Mr. Kirk writes: we are working on—which passed the the U.S. Court of Appeals for the Fifth The last time Texans got to fill a seat on Senate, passed the House, and is being Circuit—again, the same court on the Fifth Circuit, it was Judge Gregg Costa, joined together—will deliver the which he is preparing to serve. It was who this body confirmed by a well-deserved growth that our Nation needs. during the end of his clerkship in Hous- unanimous vote. As a lifelong Democrat and In October the Council of Economic ton that he started dating his law devoted member of the Obama cabinet, I ask Advisers put out a report looking at school classmate, now his wife Allyson, you to give Jim Ho the same unanimous con- some of the ideas for tax relief. This is a Houston native and another dear sent. a group that advises the President on friend of mine. I agree, and I hope our Democratic economic issues. Their report found In 2000, Jim moved to Washington, friends in this body will set aside the that the tax plan, like the one Repub- DC, to join the law firm of Gibson partisan rancor that has so character- licans wrote, will grow the economy Dunn & Crutcher. In 2001, he joined the ized this year and will listen to the between 3 percent and 5 percent. That U.S. Department of Justice as a Spe- words of one of their own, a member of is real growth. It is strong growth, and cial Assistant to the Assistant Attor- Obama’s Cabinet, and a prominent it is good news for America. ney General for Civil Rights, working Democrat from Texas, urging that Jim There was another study that came under now-U.S. Labor Secretary Alex Ho be confirmed unanimously. out in October. That was by a group of

VerDate Sep 11 2014 02:32 Dec 14, 2017 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.019 S13DEPT1 December 13, 2017 CONGRESSIONAL RECORD — SENATE S7993 economists at the Massachusetts Insti- percent. The one outlier is much more economic plans, and that the burden- tute of Technology and Boston Univer- pessimistic, much more cautious. some regulations and the redtape has sity. They did their own calculations Another thing to remember is that been cut. They are not taking into ac- and used their own numbers, and they even this very cautious estimate says count that President Trump is in the found the exact same good news for the that the economy will get bigger be- White House. American economy. Just like the other cause of the Republican plan than if we Those things make a very big dif- report, this one said that the Repub- did nothing at all. Even the pessimistic ference when it comes to sustaining lican tax plan would grow the economy group is saying: Oh, yes, the economy this progress that we have seen over by between 3 percent and 5 percent. will grow under the Republican plan. the past year. Four out of five studies A third study was released in Novem- They say it will reduce deficits by an agree that the Republican tax plan will ber. It was by the Tax Foundation. additional $400 billion over the next 10 deliver the kind of economic growth Again, it is a respected group of econo- years. that the American people want and the mists who study this kind of issue for I think we are going to do a whole lot American economy needs—a strong, a living. They looked specifically at better than that because our economy healthy, and growing economy. the legislation as it was introduced in is going to grow much faster. Under I yield the floor. the Senate Finance Committee and, President Obama and Washington I suggest the absence of a quorum. then, passing the Senate. This group Democrats, we had 8 years of policies The PRESIDING OFFICER. The found that the plan would increase the that held back our economy and caused clerk will call the roll. The senior assistant legislative clerk size of the economy by 3.7 percent. it to grow at a very tepid, slow pace. proceeded to call the roll. Economists looked at these policies, That is the same range, between 3 and Mr. BLUMENTHAL. Mr. President, I and they said that if things continue 5 percent, but more specifically, 3.7 ask unanimous consent that the order percent. on that path, we can expect the econ- for the quorum call be rescinded. Then, there was a fourth analysis by omy to grow by about the 1.8 percent The PRESIDING OFFICER. Without one more group of nine respected inde- we have been seeing through the objection, it is so ordered. pendent economists. This group wrote Obama administration. NET NEUTRALITY With Republicans setting the agenda, about their conclusions in a letter to Mr. BLUMENTHAL. Mr. President, I those policies are history and so is this the Treasury Secretary on November am willing to wager that the term ‘‘net 26. They wrote that they expect this slow economic growth that had been neutrality’’ has no meaning to many tax relief plan to boost the economy by created during the Obama years. Look Americans. It is a term that refers to a 3 percent over the next 10 years. what just happened in the last two eco- practice and a set of rules that are We have four different entities, four nomic quarters of this year. Over these likely a total mystery to the vast ma- different estimates, four different 6 months, our economy grew at a pace jority of the people who are affected by groups of prominent economists. They of more than 3 percent. The economy them. As often happens in Washington, looked at the tax relief plan. They has created more than 2 million jobs DC, the terms of art are highly tech- looked at it in different ways and used since President Trump was elected a nical and obtuse and obscure, but the different analyses, and they all found little over a year ago. The economy is effects of these rules matter to almost that it would grow the American econ- responding—responding to policies that every American, openly, and they will omy by very similar amounts, all by at Republicans have been talking about be of increasing importance to Ameri- least 3 percent. and to what we have been doing in cans if the current net neutrality rules There was one other study that some terms of eliminating so many pun- are reversed tomorrow. people have been talking about. This ishing, burdensome, expensive regula- That is why I am here. The Federal was an estimate by a group called the tions that have caused such a drag on Communications Commission, under Joint Committee on Taxation. This our economy. the leadership of its new Chairman, group predicts that growth under the When we pass legislation like this Ajit Pai, has a reckless and needless Republican plan will increase, but by tax relief act, it will give businesses plan to repeal those rules that are vital just 0.8 percent over those next 10 confidence that we are keeping our to a level playing field and fair access years. That works out, roughly, to promises. It gives them confidence that to consumers of the internet content eight one-hundredths of 1 percent a they can keep hiring, keep investing, that they value and need. To put it year. All of these other groups say at and keep creating more jobs. very simply, Chairman Pai’s plan least 3 percent, maybe 5 percent, and Take a look at the fact that there are would disastrously disadvantage small this other group says less than 1 per- 2 million more new jobs since election businesses. It would harm our econ- cent over a decade. It is hard to be- day of last year. Someone said: Oh, no, omy. It would threaten the internet’s lieve. you have to wait until Inauguration incredible success, including innova- Why is this one group, which is being Day to start counting. I disagree. I will tion. It would harm consumers by giv- quoted often by the Democrats, so far tell you that in my home State of Wyo- ing them higher prices and possibly out of line, out of the mainstream, ming, on election night, when the re- lower speeds in accessing what they with what other economists are say- sults were in and it was known that want from the internet. ing? The reason they reached such a Donald Trump had been elected Presi- The background here is pretty sim- different conclusion is that they did dent of the United States, there was ple. In 2015, the FCC adopted its open their analysis very differently from all immediate optimism, immediate con- internet order to preserve the open na- the other groups. This committee com- fidence, and an immediate positive ture of the internet. The internet has bines a few different economic models spring in people’s steps. The decision at thrived on its openness. That is, in a into their estimate. That is reasonable. that point by the American electorate sense, its spirit and its great advan- When we look closely at the models said: Yes, it is time for this economy to tage. It is uniquely American in that they combined, we found that they take off. And it has. way—open and accessible. counted the most pessimistic models When someone comes out with an es- The order created three very bright much more heavily than they did the timate about economic growth and line rules: no blocking, no throttling, more realistic models. So, of course, they don’t take into account all of no paid prioritization. Nobody could they are going to come up with an these different things, I think, maybe, stop access or block it. Nobody could overly pessimistic conclusion. they are living in the past, when they diminish the availability—no throt- I think it can be useful to take these were looking at an economic growth tling and no paid authorization. That more negative views into account. No- model of 1.8 percent. I think, maybe, is to say that nobody is to get a benefit body thinks we should just pick from they got so used to the anemic growth from faster speeds simply because he is the rosiest scenario or base our policies we had in the Obama years that they paying more. Those rules really put the on one prediction. That is not what is are still expecting that to continue internet at stake—the vitality and in- happening here. We have four different into the future. They are not taking novative energy is at stake here. groups of economists that predict into account that things are different Blocked sites, slower speeds, fast strong economic growth of at least 3 now, that Republicans are passing our lanes and slow lanes, and more fees will

VerDate Sep 11 2014 02:32 Dec 14, 2017 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.021 S13DEPT1 S7994 CONGRESSIONAL RECORD — SENATE December 13, 2017 be our future on the internet if these panies—that stand to benefit because much when I grew up there. We had rules are revoked, as Chairman Pai they will raise prices and favor their about 1,500 people, some dairy farms says they will be tomorrow. Some of own content. and mushroom farms. Over the last 40 today’s internet service providers will No matter what he decides, the fight years, it has gradually developed. benefit. They already have clear con- is only really beginning. We will no A not much widely noted big day flicts of interest. They own content doubt bring legislation to the U.S. Sen- happened back in 1994 in Hockessin, companies. They want their customers ate—not an easy task to pass it. Any DE, when one of America’s greatest to spend more time on their content. final action in the FCC unquestionably, jazz performers, Cab Calloway, passed Comcast, for example, owns the media undoubtedly, will be challenged in the away in the little town of Hockessin, giant NBCUniversal. Verizon owns courts. I am actually hopeful that we DE. Cab Calloway gave his name to a Yahoo and AOL. can avoid litigation. Litigation is al- remarkable performing arts school. We are having a hearing this after- ways a last resort. But there will be This is a school that 25 years ago was noon that involves Comcast and litigation because the 2015 open inter- created dedicated to the idea that if NBCUniversal, and I am deeply trou- net order was actually based on 10 you want to elevate learning, if you bled by the expiration of the conditions years of evidence in a fact-based dock- want to strengthen education, you that have been put on the merger. et. Again, it was not pulled out of the should make sure you have a robust Those conditions help to protect com- air; it was based on factfinding and range of opportunities to engage with petition and consumers. They have a thought and redrafting that then, in the arts. questionable effect in that purpose, but fact, resulted in litigation that was I thought I would use that as an ex- even the modest comfort or protection upheld in the courts. In fact, in the ample today to talk for a few minutes about why what we do here can be im- they provide will completely evaporate court of appeals, it was judged to be portant across our whole country and as the conditions expire. So I will ask legal and rationally rooted in real fact. why a connection between the arts and today that there be an investigation by That is the internet order that should education can make a lasting dif- the Department of Justice to sustain be sustained. ference for families all across our coun- and continue those conditions and ask I hope that Chairman Pai will post- try. that the court that approved them ac- pone this misguided plan. I hope that Back in 1965, when I was just 2 years tually extend them to meet the needs he will abandon it. There is no need to old, a group of Senators, Republican of competition and consumers. recklessly repeal the net neutrality and Democratic, came together to cre- Our current net neutrality rules pre- rules without demonstrating a signifi- ate two things—the National Endow- vent companies from becoming gate- cant and substantial change in factual ment for the Humanities and the Na- keepers, toll takers, in a way that fa- circumstances. That is what is required tional Endowment for the Arts. These vors their own content. If they are the statutorily—a significant and substan- two federally funded national programs gatekeepers and the toll takers, they tial change in factual circumstances to are absolutely critical educational, are the ones who block, and they are justify revoking and repealing a rule economic, and cultural drivers that the ones who collect the fees. If they that was based on circumstance and have impacted thousands of commu- have the ability to pick and choose be- fact. nities across the United States. tween the content providers that be- In the meantime, millions of Ameri- Why is this a subject of any conten- long to their competitors or the con- cans have already given their opinions. tion or discussion here? Well, because tent providers that are independent, They have weighed in. They have said unfortunately our President’s budget they are going to choose their own con- to the FCC: Stop playing with the this year proposed to eliminate funding tent providers. They are going to favor internet in a way that favors the big for both of these organizations—both their own over the others. Gutting the guys—the cable companies—the ones the National Endowment for the Arts net neutrality rules, in effect, gives who will block or throttle and raise and the National Endowment for the them free rein to favor their own con- prices. Humanities—proposed to be removed, tent and their own political views. We should not allow Chairman Pai to zeroed out, cancelled, despite their al- If the internet service providers are silence their comments, to ignore most more than 50-year record of suc- able to block content or charge higher them, or disregard them. cessful impact and service across the fees for access, eventually the ones who The FCC has a responsibility here. It country. will suffer will be the consumers. They is a public trust. It matters to the mil- In my little State of Delaware, the will pay higher prices, or the content lions of Americans who have never National Endowment for the Arts and will be slowed in reaching them. Make heard and will probably never hear the National Endowment for the Hu- no mistake. Companies that are willing that term ‘‘net neutrality’’ and who manities funded all sorts of valuable to pay the toll for fast lanes will trans- will never understand what its con- programs with significant impacts. fer those costs to consumers. They are sequences are until they see them per- Last year, I invited the head of the Na- not going to just absorb the additional sonally, up close, firsthand—higher tional Endowment for the Arts to come expense. The folks who have no idea prices, blocking, throttling. That is the and visit us in Delaware and to pull to- what the term ‘‘net neutrality’’ evil we can and must avoid. gether the whole range of folks who re- means—who may have never heard it— Thank you. ceived some grants from them—$681,000 are the ones who are going to pay the I yield the floor. last year. It is about 17 percent of all freight. They are going to be the ones I suggest the absence of a quorum. the funding for arts in my State. It who suffer the consequences. The PRESIDING OFFICER. The helped support 100 grants to nonprofits These rules are for a reason. They clerk will call the roll. all up and down our State. were not simply picked out of the air. The senior assistant legislative clerk I will give a few examples. The Grand They are not some product of some proceeded to call the roll. Opera House has a summer in the park overactive regulatory imagination. Mr. COONS. Mr. President, I ask series because of the National Endow- They have meaning and consequence unanimous consent that the order for ment for the Arts. The University of for ordinary people who use the inter- the quorum call be rescinded. Delaware Community Music School net, which is one of the economic gi- The PRESIDING OFFICER. Without holds a musical theater camp every ants of our generation. We are, in ef- objection, it is so ordered. summer, serving dozens of kids—about fect, throttling, blocking, and raising NATIONAL ENDOWMENT FOR THE ART AND NA- 80 kids. The Christiana Cultural Arts prices for the people who depend on in- TIONAL ENDOWMENT FOR THE HUMANITIES Center in downtown Wilmington brings novation and access and openness. FUNDING vibrant, cutting-edge arts program- The right thing for Chairman Pai to Mr. COONS. Mr. President, I come to ming to a neighborhood that might not do is to cancel tomorrow’s party-line the floor today to talk about the vital otherwise enjoy it. The Creative Vision vote and abandon this misguided plan importance of the connection between Factory provides individuals with be- to destroy the free and open internet. the arts, education, and progress. havioral health disorders an oppor- He is acting, in essence, at the behest I am from a little town in Delaware tunity for self-expression, empower- of the economic giants—the cable com- named Hockessin. Hockessin was not ment, and recovery through the arts. I

VerDate Sep 11 2014 02:32 Dec 14, 2017 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.023 S13DEPT1 December 13, 2017 CONGRESSIONAL RECORD — SENATE S7995 can give many more examples, but their spirit with art, give their spirit Robert Bellarmine Catholic Church in these are four of the hundreds. room to soar, give them an opportunity Omaha. The National Endowment for the Hu- to paint on the canvas of their lives, At Creighton Prep High School, Chris manities gives a comparable number of and give them the gift of artistic train- was a member of the Creighton Prep grants and supports programs up and ing and skills, and there is no limit to National Honor Society, National down our State. I will mention one— where they can go. That has been our Spanish Honor Society, and the school art conservation at Winterthur. experience in Delaware. That has been science club. He was very dedicated to Winterthur, which is a magnificent our experience across the country. academics, and he graduated with the museum and collection of the Amer- It is my hope that we will find a way highest academic honors in 1991. Dur- ican arts, has a partnership with muse- on a bipartisan basis to continue to ing Chris’s senior year at Creighton ums in places around the world—from sustain investment in the humanities Prep, he became very interested in Haiti, to Iraq, to Syria—where, because and the arts. fixed-wing aircraft and flying. of conflict, critical pieces of cultural In 1960, President Kennedy said: After high school graduation, Chris history have been at risk of being lost. There is a connection, hard to explain logi- continued his studies at another Jesuit Because of these NEH grants to cally but easy to feel, between achievement institution, St. Louis University, Winterthur, those partnerships have in public life and progress in the arts. where he continued his interest in air- been strengthened. Citing three important periods in his- We have been blessed to have in my craft by studying aeronautical admin- tory, he said: istration. friend Governor Jack Markell and his The age of Pericles was also the age of wife Carla, over the last 8 years, Phidias. The age of Lorenzo de Medici was Shortly after receiving his bachelor’s strong, longstanding support for the also the age of Leonardo da Vinci. The age of degree, Chris enlisted in the U.S. arts in our State. We have lots of lead- Elizabeth was also the age of Shakespeare, Army. This surprised his family and ing individuals in our State. Tatiana and the new frontier for which I campaign in friends. His father attributes Chris’s Copeland, for example, helped build the public life can also be a new frontier for decision to his son’s sense of duty and Queen Theater and helped support the American art. interest in aeronautics. Chris grad- Delaware Symphony Orchestra. They It is important that we remember uated from basic combat training at work in partnership with the Delaware here that the modest amounts of Fed- Fort Jackson before attending his ad- Division of the Arts. A gentleman eral money we invest in the arts bear vanced individual training in aviation named Paul Weagraff is now the execu- enormous positive, multiplied benefits mechanics. The idea of Chris working tive director of the Delaware Division to the people of our country and to our in aviation mechanics always struck of the Arts under the new administra- place in the world. his father Bob as somewhat funny. tion of Governor Carney. I am grateful for all who work in arts Growing up, Chris didn’t like getting I am hopeful that we here in the Sen- education, and I am grateful for the op- his hands dirty or helping to change ate can sustain bipartisan support for portunity to work on a bipartisan basis the oil in the family vehicles. arts and humanities funding and that to sustain our Federal investment in Due to his strong academic record the young people of Delaware, our com- the arts and humanities. and interest in aeronautics, Chris was munities, and our families will con- I thank the Presiding Officer. persuaded to apply to Warrant Officer tinue to enjoy the blessings that these With that, I yield the floor. Candidate School. Chris liked the idea investments in creativity bring. How I suggest the absence of a quorum. of becoming a warrant officer so he much are we talking about? It is about The PRESIDING OFFICER. The could specialize and become an expert $150 million—$149.8 million, to be spe- clerk will call the roll. in aviation. He graduated at the top of cific—this fiscal year for each of these The senior assistant legislative clerk his class from Warrant Officer Can- two endowments. That is a tiny per- proceeded to call the roll. didate School and became a helicopter centage of the total Federal budget. Mrs. FISCHER. Mr. President, I ask pilot. unanimous consent that the order for Now, $150 million may sound like a lot, While performing his duties in the the quorum call be rescinded. and $680,000 of grants for my whole Army, Chris also took classes at The PRESIDING OFFICER. Without State of Delaware may sound like a Embry-Riddle Aeronautical University. objection, it is so ordered. lot, but across these two endowments He graduated with a master’s degree in for the arts and humanities, $300 mil- HONORING NEBRASKA’S SOLDIERS WHO LOST aeronautical science in 2001—the same THEIR LIVES IN COMBAT lion in Federal money has a dramatic year the September 11 terrorist attacks Mrs. FISCHER. Mr. President, I rise impact. It leverages private funding 9 shook the lives of all Americans. to 1. In recent studies looking at the today to continue my tribute to Ne- braska’s heroes, the current generation Chief Warrant Officer Allgaier de- impact of the National Endowment for ployed to South Korea for over a year the Arts, they concluded that they of men and women who lost their lives defending our freedom in Iraq and Af- before going to Afghanistan in 2003 and were particularly focused and particu- Iraq in 2005. While deployments are larly effective and that where there is ghanistan. Each of these Nebraskans has a special story to tell. usually tough for any family, 2005 was a leadership grant given by the NEA, it especially difficult for the Allgaiers be- leverages $9 more for every Federal CHIEF WARRANT OFFICER CHRISTOPHER ALLGAIER cause Chris’s mother Sally passed dollar used. away. I think Federal funding for the arts Today, Mr. President, I recall the life and humanities has to remain a pri- and service of CWO Christopher In 2006, Chris was assigned to the 3rd ority. I think it is important that we Allgaier, a native of Omaha, NE. General Support Aviation Battalion, embrace the model that the Cab Growing up, Chris lived a pretty typ- 82nd Brigade Combat Team, 82nd Air- Calloway School has championed in ical life as a Nebraska boy. During high borne Division out of Fort Bragg, NC. Delaware and across the country where school, he played video games and went The unit deployed to Afghanistan in educational excellence is shown by to movies with his friends. With his 2007. He flew CH–47 Chinook helicopters working together with the expressive family, he was a frequent visitor to Big in transport missions. During this and creative arts. Fred’s Pizza in Omaha; the regular time, Chris flew a lot of night oper- It was William Butler Yeats—a fa- cheese pizza was his go-to. On Friday ations. His father said that Chris would mous Irish poet—who once said that nights, he was known to go watch fel- call him every couple of weeks between education is not the mere filling up of low classmates at high school football missions just to catch up. Those were a pail, it is the lighting of a fire. If you games, and on Saturdays in the fall, he phone calls that Bob always looked for- want to ignite the aspirations, hopes, did what a lot of Nebraskans do—he ward to receiving. and dreams of young people, don’t just would attend or watch Husker football The Upper Sangin Valley in Helmand engage them in trigonometry, biology, games. Province was the center of fighting in chemistry, and physics—although Along with his sister Sharon and Afghanistan in 2007. A British news- those subjects can be interesting, en- brother Rob, Chris grew up in a Catho- paper called it ‘‘the deadliest area in gaging, or challenging—light the fire of lic household. His family attended St. Afghanistan.’’

VerDate Sep 11 2014 02:32 Dec 14, 2017 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.024 S13DEPT1 S7996 CONGRESSIONAL RECORD — SENATE December 13, 2017 On the night of May 30, 2007, Chris It was December 1950 in Korea. Just Lieutenant Fox was fighting in the last flew another night operation trans- days before, the Chinese People’s Lib- major Marine offensive of the war—Op- porting approximately 30 servicemem- eration Army had crossed the Yalu eration Dewey Canyon. His unit was bers from the 82nd Airborne Division in River and thrown back U.S. forces on Alpha Company, 1st Battalion, 9th Ma- the Upper Sangin Valley. Shortly after the cusp of victory. Then-Lieutenant rines. It earned the nickname ‘‘The dropping the soldiers off for their im- Hudner was a naval aviator flying one Walking Dead’’ for suffering so many portant mission, insurgents shot down of six Navy Corsairs near the Chosin casualties during the war. They came his CH–47 Chinook. The crash killed Reservoir, 5 miles behind enemy lines, under heavy fire from a larger force. Chris and four other servicemembers. when he saw his squadron mate, ENS Yet the fearless Lieutenant Fox led a Chief Warrant Officer Allgaier’s me- Jesse L. Brown, get hit by enemy fire charge against the enemy. He was morial service was held on June 6 at a and crash-land on a snowy mountain- wounded but refused medical attention, Catholic church in Omaha. Hundreds of side. instead concentrating on leading the people, including over 100 Patriot Rid- What Lieutenant Hudner probably attack, coordinating air support, and ers, turned out to pay their final re- should have done is stick to the plan. supervising the evacuation of the dead spects. What he did instead was an act of pure and injured. Chris was laid to rest on June 18, bravery. He intentionally crash-landed It was a stunning show of valor, and 2007, in Arlington National Cemetery. his plane not far from Ensign Brown’s, for it, he, too, would earn the Medal of Fellow CWO Paul Wetzel said that tried to rescue him from the burning Honor. His citation read, in part: ‘‘losing Chris will definitely leave a wreckage—all in subzero tempera- His indomitable courage, inspiring initia- void in the aviation community that tures—but Ensign Brown was trapped. tive and unwavering devotion to duty in the can’t be filled by anybody else. There His knee was crushed between the fuse- face of grave personal danger inspired his will be other pilots in the future, but lage and the control panel. When help Marines to such aggressive action that they none will ever equal Chris Allgaier.’’ arrived, their hatchet couldn’t hack overcame all enemy resistance and destroyed Chris is survived by his wife Jennie through the plane’s metal, and no one a large bunker complex. Captain Fox’s he- roic actions reflect great credit upon himself and three daughters—Natalie, Gina, could get close enough to amputate his and the Marine Corps, and uphold the high- and Joanna. leg. They had to leave him behind. En- est traditions of the U.S. Naval Service. In 2010, Chris was honored by the un- sign Brown’s last words were: ‘‘Tell As I said, these were two different veiling of Christopher Allgaier Street Daisy I love her.’’ men and two different stories but the in the neighborhood in which he grew It might be appropriate to note here same courage and service to the same up. Rob discussed how his brother was that Ensign Brown was Black and great country. They showed the same his hero during the ceremony. He said: Lieutenant Hudner was White, but I selflessness—one risking his life for his [Chris] didn’t see himself that way. He mention it almost as an afterthought friend and the other risking his life for didn’t see himself as a martyr or as a hero. because to the two of them, that is just his marines. So I think it is fitting He was an American who was doing his duty. what it was—a postscript, an adden- They’re not doing it for an ulterior motive. that we celebrate their lives together dum, a mere detail. They were com- because they both showed us the utter They’re doing it because they believe in it rades in arms, wearing the red, white, and it is the right thing to do. selflessness of courage. They didn’t and blue, not seeing the color of each CWO Chris Allgaier was awarded the fight and display such bravery because other’s skin. The only color that they hated our enemies but because Bronze Star and the Purple Heart post- mattered to them, and that they humously. they loved our country, and they loved shared in common, besides the color of their comrades in arms. It is a good I join Nebraskans and Americans our flag, was the navy blue of their across this country in saluting his will- lesson, I would say, for this time of uniform. Just 2 years after Harry Tru- year. ingness and his family’s sacrifice to man had integrated the Armed Forces, keep us free. I am honored to tell his So I want to honor the memory of Lieutenant Hudner and Ensign Brown’s CAPT Thomas J. Hudner and Col. Wes- story. friendship was a symbol of America’s Thank you. ley L. Fox. They were true American promise. He went on to have a success- patriots, and may they rest in peace. I yield the floor. ful career, but for giving us a moral ex- I suggest the absence of a quorum. ample from that day, we should all be REMEMBERING THOMAS GALYON The PRESIDING OFFICER (Mr. thankful. Mr. President, last year, I stood on YOUNG). The clerk will call the roll. Colonel Fox, meanwhile, was a legend this floor and said a few words about a The legislative clerk proceeded to in the Marine Corps. He served for 43 fellow Arkansan: Thomas Galyon of call the roll. years, leaving only when forced to by Rogers. We had just met to discuss his Mr. COTTON. Mr. President, I ask mandatory retirement at the age of 62. work with the Arkansas chapter of the unanimous consent that the order for In that time, he held every enlisted National ALS Association. He had been the quorum call be rescinded. rank except sergeant major and every diagnosed with ALS in 2014, and never The PRESIDING OFFICER. Without officer rank except for general. He once one to let the grass grow under his objection, it is so ordered. admitted: feet, he had been a tireless advocate for REMEMBERING CAPTAIN THOMAS J. HUDNER AND ALS research ever since then. My first four years as a Marine I didn’t COLONEL WESLEY L. FOX own one stitch of civilian clothes—every- Well, I am sorry to report that Tom Mr. COTTON. Mr. President, a month thing I did was in a Marine uniform. I’d go died last month on November 22. He ago, we lost another Medal of Honor re- home on leave, working in the hay fields or lived 3 years after his diagnosis, which cipient, CAPT Thomas J. Hudner, who whatever, I wore my Marine utilities. Go in is about average these days for people died at the ripe old age of 93. Not long town to see the movies, I wore my Marine with ALS. With his death, the National after, we lost a second one, Col. Wesley dress. ALS Association lost one of its great L. Fox, who died at the distinguished That is just how proud Wesley Fox champions. age of 86. These are two different men was to be a marine, and it was that Tom was always bursting with en- who led two different lives, each equal- deeply felt love for his fellow marines ergy. He was born in 1946 in Abingdon, ly deserving of praise and honor. Still, that drove him in his service. Like VA, and he graduated from Emory & I can’t help but wonder if there is a Lieutenant Hudner, he fought in Korea. Henry College. He spent 33 years in the reason their deaths came so suddenly In fact, he was wounded, and after he tourism industry, and after a rather and close together. It is almost as if recovered, he was so eager to get back brief and, I must say, failed stint in re- our Lord took them in one fell swoop to the fight that he wrote to the com- tirement, he went back to work as the so the greater loss would inspire great- mandant asking to be deployed once property manager for the Center for er gratitude for their sacrifice. again. Nonprofits at St. Mary’s in Northwest What Captain Hudner of the U.S. The battle that earned him his place Arkansas. As luck would have it, the Navy did to earn his medal is remark- in history was in the jungles of Viet- ALS Association was headquartered in able for the simple fact that he could nam. It was February 1969, deep in the that very building, so he could give have been court-martialed for doing it. A Shau Valley in Vietnam. Then-First both organizations his all.

VerDate Sep 11 2014 02:32 Dec 14, 2017 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.025 S13DEPT1 December 13, 2017 CONGRESSIONAL RECORD — SENATE S7997 When we met last year, Tom asked main vacant. Career officials are being nities for family members to join their me to help fix a problem that people cut out of important policy decisions spouses who are serving abroad never with ALS have when applying for dis- or overruled by leadership, including, made sense in the first place. ability insurance. There is a 5-month sometimes, even on legal issues. The I am, therefore, still left wondering waiting period to receive benefits, you Foreign Service is being hollowed out, why the hiring freeze has been in place see. Though that might be a prudent with a significantly lower number in at all, when nearly every other Federal anti-fraud measure in many cases, for the incoming classes, putting at risk agency lifted it earlier this year. I can- people with ALS, it consumes a lot of the next generation of leaders. Oppor- not understand how it has benefited their remaining time in this world. So tunities for midlevel employees are ex- our foreign and civil service. So again I joined with Senator WHITEHOUSE to tremely limited, with a freeze on most I am left asking: Why? Why should we sponsor the ALS Disability Insurance transfers and promotions. Our most ex- tolerate a massive exodus of diplo- Access Act, which would waive the perienced officials—the Department’s matic and development expertise at waiting period for people with ALS. equivalent of 2-, 3-, and 4-star gen- the State Department and USAID? Our Tom’s death should be a reminder of erals—have been departing or, effec- President said recently that we do not the urgent need to defeat this disease tively, forced out and not replaced at need to worry about the fact that many and to finally pass this bill into law. It the same rate. of the senior-level positions at the is the least we can do to commemorate I honor the experienced career offi- State Department remain unfilled be- a man who gave this effort so much be- cials who are stepping in to fill vacan- cause when it comes to foreign policy, cause, even in death, Tom’s commit- cies and are carrying out the Depart- his opinion is the only one that mat- ment was complete. By his request, his ment’s important work, but there are ters. Why on Earth would he say that? brain and spinal cord were donated to limits to what officials can accomplish For the thousands of Foreign Service the Brain Bank of Miami, FL, to con- in an acting role. It is now December. officers around the world working to tinue the search for a cure for ALS. It We cannot afford to have a Department advance the ideals of the United is not hard to understand why. that remains hamstrung because of States, this was a horrible and offen- He himself used to stress the positive rudderless stagnation at the top. sive message. in every situation. His motto was Let’s be clear. This is not just about I am concerned that this administra- ‘‘Blue skies always,’’ and he certainly numbers or unfilled positions. The tion does not understand how critical a did all he could to bring blue skies into numbers do not tell the full story. role the State Department and USAID his life and the lives of those around While the employees at the State De- play in our national security policy. him. partment and USAID can and have They are every bit as vital and critical So now that he has joined our Heav- been carrying on, it is not an easy task an element of our national security as enly Father in the blue skies, I want to when employees feel that the message the Department of Defense, the intel- recognize him and the family he leaves they receive from the top is that they ligence community, our law enforce- behind: His wife of 44 years, Sally Arm- and their work are not valued. Under- ment, or the countless others in the strong, their two children, and their standably, this has an impact on mo- Federal Government who work tire- two grandchildren. rale, which is now devastatingly low. lessly every day to protect our secu- Our State is better off for Tom hav- In embarking on what has been rity, extend our prosperity, and pro- ing lived in it, and all of us are better dubbed a ‘‘redesign’’ of the Depart- mote our values. off for having known him. May he rest ment, the leadership at State has re- We put our country in danger when in peace. grettably left the men and women who we do not give adequate voice and re- I yield the floor. so capably and loyally serve it behind. sources to all of our country’s national I suggest the absence of a quorum. I have heard from many employees who security tools. Former Secretary of The PRESIDING OFFICER. The are not just concerned about their own State Madeleine Albright said: ‘‘In a clerk will call the roll. future or careers but who are con- turbulent and perilous world, the men The legislative clerk proceeded to cerned about the direction of the De- and women of the Foreign Service are call the roll. partment itself and the viability of its on the front lines every day, on every Mr. CARDIN. Mr. President, I ask legacy. The State Department’s leader- continent for us.’’ unanimous consent that the order for ship has had more than enough time to Diplomacy is an investment we make the quorum call be rescinded. assess what can be improved. It is be- so that we don’t have to go to war. The PRESIDING OFFICER. Without yond time to show the men and women Nickel-and-diming it is not in our na- objection, it is so ordered. serving at State and USAID that they tional security interest. The Senator from Maryland. are not only a valued but a vital part I made no secret about my deep con- AMERICA’S GLOBAL DIPLOMACY AND THE STATE of our national diplomacy and national cerns regarding the current manage- DEPARTMENT security strategy. ment practices of the Department’s Mr. CARDIN. Mr. President, I come For weeks, Secretary Tillerson has leadership, the reorganization and to the floor today to share my deep promised to announce significant budget debacles, the current senior- concern over the current state of progress on his plan to move the De- level vacancies, and the deep costs that America’s global diplomacy. A mul- partment forward. Tuesday, in a speech our Foreign Service and development titude of decisions made by this admin- to the State Department and USAID professionals are paying. The United istration in the last year have caused personnel, the message was once again States’ foreign policy leadership me to pause and repeatedly ask why, underwhelming. Secretary Tillerson around the world is also paying the but in no area have I been more per- continues to tinker around the edges price, and we will continue to pay the plexed than the actions that have while the Department’s core functions price if things aren’t turned around taken place at the State Department. are deliberately hollowed out. quickly. Ever since the Secretary of State While I am encouraged to see him an- Even with the few changes Secretary took the helm, there has been a slow, nounce a few small but important steps Tillerson announced this week, I be- unexplained erosion of the Department in the right direction, I am worried lieve there are still multiple issues and, along with it, the values that it that he still has not gotten the overall that need to be addressed. I raised promotes and the vital role it plays message. Despite calls from me and many of them recently in a letter to around the world. By now, many are fa- others on the Foreign Relations Com- the Secretary with my fellow Demo- miliar with the list of concerns that mittee and pleas from current and cratic colleagues on the Senate For- seasoned diplomats, national security former employees, diplomats, and mili- eign Relations Committee. If the Sec- officials, and Members of this body tary leaders, Secretary Tillerson has retary truly wishes for the State De- have been raising with increasing yet to lift the hiring freeze that re- partment and our country to succeed, alarm over the last weeks and months. mains in place. He announced it would he will seriously consider the following More than 30 key ambassadorships be lifted for the family members of em- concerns: remain without named nominees. Doz- ployees—a welcome step but not First, improve transparency. All Sen- ens of important senior-level posts re- enough. Freezing or limiting opportu- ators on the Senate Foreign Relations

VerDate Sep 11 2014 02:32 Dec 14, 2017 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.027 S13DEPT1 S7998 CONGRESSIONAL RECORD — SENATE December 13, 2017 Committee should receive regular diplomatic capabilities. However, if the Additionally, dismantling net neu- briefings that thoroughly address pro- Department continues down its current trality rules will hurt small businesses posed reorganization plans and deci- path, I can assure you that my col- and will stifle innovation. Under these sions. leagues and I will use every legislative rules, internet service providers would Second, we need to know the details option we have to address these con- be allowed to force businesses to pay to and timeline for reorganization. The cerns. play online. While larger, well-estab- Department must provide a clear My goal is to ensure that the employ- lished companies would likely be able timeline—something it has failed to do ees in the State Department have all to compete, startups and entrepreneurs to date—and provide details about the resources and support they require across the Nation might not be able to what it is planning. to complete their tasks and ensure afford such fees, causing instability While there are some parts of the re- that the United States remains a glob- and limiting the reach of their new organization that we find to be posi- al diplomatic leader. I will do every- businesses. tive, such as improving information thing in my power to guarantee that In New Hampshire, innovative small technology, I remain concerned that this goal is accomplished. businesses are the backbone of our the reorganization may be I suggest the absence of a quorum. economy, creating good jobs and stim- marginalizing or eliminating critical The PRESIDING OFFICER. The ulating economic growth. But undoing bureaus and offices that help to inform clerk will call the roll. net neutrality could limit the ability U.S. foreign policy. I understand that The assistant bill clerk proceeded to of that next great business to get off many of these ideals may not come to call the roll. the ground. fruition, but it is essential for us to re- Ms. HASSAN. Mr. President, I ask A Manchester small business owner ceive details in a timely way so that unanimous consent that the order for recently wrote to my staff to say: ‘‘I the Senate Foreign Relations Com- the quorum call be rescinded. believe that Net Neutrality should stay mittee can carry out its critical over- The PRESIDING OFFICER. Without in effect as it allows every business to sight function. Again, we are now in objection, it is so ordered. be on the same footing.’’ The business the eleventh month of this administra- Ms. HASSAN. Thank you, Mr. Presi- owner also said that under this pro- tion, and we don’t yet know when they dent. posal, ‘‘If you are leveraging the inter- are going to be submitting their plans NET NEUTRALITY net to boost your business, it will af- for reorganization, and we have not I rise today to join my colleagues to fect it dramatically.’’ been kept adequately informed. oppose the Federal Communications That business owner is not alone. Third, I would mention filling senior Commission’s planned vote tomorrow Just today, several members of the vacancies. The Department must to dismantle net neutrality rules. As rural and agricultural business commu- prioritize key senior vacancies and this proposal has been considered, I nity in New England, including work with the White House to swiftly have been troubled by the impact this Stoneyfield from Londonderry, NH, move forward qualified nominees. The decision will have on consumers and wrote to Chairman Pai to say: ‘‘Repeal- significant vacancies for senior-level small businesses, as well as by the ing net neutrality would have a crip- management and policy positions in process itself, which has been seriously pling effect on rural economies, further such critical bureaus as Counterterror- flawed with regard to gaining public restricting access to the internet for ism and Political-Military Affairs are input on this critical issue. rural business at a point in time where deeply troubling. Approximately 30 Access to a free and open internet is we need to expand and speed this ac- countries still do not have named Am- at the forefront of the lives of nearly cess instead.’’ bassador nominees, including South every American. Consumers, entre- Hundreds of people have called my Korea, Jordan, Egypt, and Saudi Ara- preneurs, innovative small businesses, office to voice their support for net bia. Despite claims that the Senate’s and, in turn, our Nation’s economy, neutrality. People across the Nation slow pace is to blame for the lack of have all benefited from equal access to recognize that the plan proposed by the confirmed nominees, the fact is that content on the internet, no matter the Republican-led FCC will truly impact the Foreign Relations Committee has internet service provider. An open their way of life. promptly processed the vast majority internet has been essential to civic en- In response to Chairman Pai’s pro- of nominees, and only a handful are gagement, social and economic mobil- posals, millions have also written to currently awaiting a Senate vote. We ity, and the fight to make progress for the FCC to state their position on this cannot confirm nominees who have not our underrepresented populations, just issue, but it seems that this process been nominated. as we saw with the national Women’s has been corrupted, with internet bots Finally, let me talk about the need March at the beginning of this year, placing hundreds of thousands of com- to uphold the mission of the Depart- which was largely organized through ments in favor of repealing net neu- ment. The Department’s mission state- online activism. An open internet is trality. Roughly 400,000 of those com- ment must continue to reflect the val- critical to our economy and our democ- ments may have, it seems, originated ues we hold as Americans. Proposed racy, and net neutrality has guaran- from Russia email addresses. Addition- changes send a troubling signal about teed this equal access. But tomorrow’s ally, 50,000 consumer service com- the administration’s vision for the De- vote by the FCC would change all of plaints have been excluded from public partment and its role in foreign policy. that. record, according to a Freedom of In- The promotion of democracy and re- Under the plan from FCC Chairman formation Act request filed by the Na- spect for human rights around the Ajit Pai, the control of the internet ex- tional Hispanic Media Coalition. world must remain a central part of perience will be taken from the con- On any FCC decision, public input is the State Department’s overall mis- sumer in Keene or the small business vital, and on this decision, which im- sion. in Nashua and handed over to their pacts every single American, it is unac- I agree that improving the efficiency internet service providers. Undoing net ceptable that the public’s opinion may and effectiveness of the Department is neutrality would give broadband pro- have been distorted by fraudulent com- critical to our national security given viders the power to discriminate ments and additional anomalies. the countless challenges we face as a against certain web pages, applica- Last week, I—along with 27 of my nation. Reforms to information tech- tions, and streaming and video services colleagues—wrote to Chairman Pai nology, human resources, and procure- by slowing them down, blocking them, calling for a delay in this vote until we ment systems are long overdue, and I or favoring certain services while have a clear understanding of what support the efforts of the Department charging more to access others. This is happened during the policymaking to streamline special envoys and spe- particularly disturbing at a time when process. Unfortunately, Chairman Pai cial representative positions. many consumers have, at most, one or has continued rushing toward this I hope, moving forward, the Depart- two options for broadband providers, vote, and, as has been all too common ment will consider Congress as a part- leaving those who don’t like the steps with the Trump administration, the ner in these endeavors, as well as a provider is taking without a choice Republican-led FCC is favoring the pri- broader efforts to strengthen America’s to change. orities and voices of corporate special

VerDate Sep 11 2014 02:32 Dec 14, 2017 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.028 S13DEPT1 December 13, 2017 CONGRESSIONAL RECORD — SENATE S7999 interests rather than listening to hard- These are just some of the statistics In addition, if you are an individual working Americans who want to keep from the tax relief package that we put and you have dependents, either chil- net neutrality. together. These are provided by the dren or maybe taking care of a parent The Commission has failed to address nonpartisan Tax Foundation as well as or something like that, you get $18,000 the concerns that these comments are the White House Council of Economic in that standard deduction. Why is that artificially generated, has not held one Advisers. The objective is to grow important? Because by doubling that public hearing on net neutrality, and is wages by $4,000 over the 10-year scoring standard deduction, we go from 7 out of moving forward at an alarming pace, period, making sure our workers are 10 filers not itemizing to something without regard for what eliminating seeing real wages. The estimate right like 9 out of 10 tax filers not itemizing. these rules would mean for our econ- now is that this tax bill is pro-growth This means real simplification. It omy and our consumers. and will generate, on average, $4,000 in means doing your tax return on maybe Undoing net neutrality will fun- higher wages, combined with an aver- just a one-page form. This means you damentally change the concept of a age tax cut of about $2,200. That is an are not only reducing rates but also free and open internet that so many average family—a family of four with greatly simplifying the Tax Code. Granite Staters and Americans have median income. We keep other provisions that are come to know and have benefited from. It will generate almost 1 million new very important for American families Approving this plan would be a reck- jobs, and that is what, of course, and, in fact, enhance them. For exam- less decision. pushes wages higher. When you create ple, the child tax credit is doubled. So I am going to continue fighting for more jobs, it is that demand for labor not only do we double the standard de- priorities that put consumers first, that pushes wages higher. That is how duction, but we also double the child that help small businesses innovate it works. We are talking about almost tax credit. We go from $1,000 to $2,000 and thrive, and that advance an open 1 million new jobs over the 10-year pe- per child. This is going to make a huge and free internet. riod and a 3.7-percent larger economy. difference for families. Thank you. So growing the economy, creating Also, for family businesses, family I yield the floor. more jobs, and it is that demand for farms, and small business we double I suggest the absence of a quorum. labor on the part of business that the estate tax, the death tax unified The PRESIDING OFFICER. The pushes wages and income higher. credit, and include the step-up in basis. clerk will call the roll. When we look at the next chart I It is hugely important to make sure The legislative clerk proceeded to have, we see that we provide tax relief you can transition a small business, call the roll. across all incomes. So it is really fo- farm, or ranch from one generation to Mr. HOEVEN. Mr. President, I ask cused on lower income, middle class, the next. unanimous consent that the order for making sure that, like I said, wage To save for college, we enable the 521 the quorum call be rescinded. earners are saving more of their hard- savings accounts to continue for par- The PRESIDING OFFICER. Without earned dollars, but the effort is to cut ents. Another very important one is we objection, it is so ordered. taxes across all income groups, and encourage businesses to provide paid TAX REFORM BILL that is what we do. It starts by taking family and medical leave by giving Mr. HOEVEN. Mr. President, I come the seven brackets we have and reduc- them a tax credit to partially offset an to the Senate floor to once again talk ing them. It is just kind of simple employee’s pay while caring for a child or family member. about the need to pass tax reform for math. Other things we keep, in terms of de- hard-working Americans. The House The House plan reduces the number ductions that are very important, has passed a bill, the Senate has passed of brackets to only three. We keep the again, to hard-working families are as a bill, and now, of course, we are work- seven different brackets. The reason ing through the conference committee follows: for that is because the objective is to The mortgage interest deduction. We to get the very best product we can for lower everyone’s tax rate, and we are make sure they can continue to deduct the American people. better able to do that by keeping the This tax relief is not just about re- the interest on their home mortgage. seven tax rates. The deduction of charitable contribu- ducing the tax burden on hard-working Some might say: You want to do sim- tions. It is obviously very important Americans and making sure they can plification. We do want to do sim- for the greater good of our society that keep more of their hard-earned dollars plification, and we do tax simplifica- people can continue to contribute to after tax, but it is also very much tion. There is no question that we do charities they believe in and support about economic growth. The tax relief tax simplification because the com- and that they can deduct those chari- package we are putting together that plexity in calculating your taxes is cal- table contributions. is coming together through the con- culating your taxable income, your ad- The child and dependent care tax ference efforts, working to improve on justed gross income subject to taxes. credits, the adoption tax credit, and both the House version and the Senate That is the complicated part. Whether the earned-income tax credit. We make version, is designed to grow our econ- we have three different rates to apply sure people can continue to contribute omy. That is incredibly important be- to it or seven different rates to apply, to their 401(k) accounts on a basis that cause over the last decade, what we depending on which bracket you fall is tax-advantaged. have seen are stagnant wages and in- into, that really doesn’t add com- Then, medical expense deductions. come. So workers are working as hard plexity. Obviously, for our seniors, this is very as ever—harder than ever—but they So we keep the simplification intact important. For somebody who has a are not seeing that growth in their while we make sure that we provide medical condition or an illness, being paycheck. That is why we have to tax relief across all of the different tax able to deduct those medical expenses make this tax relief package pro- brackets or tax rates. That is what we is extremely important. growth, so at the end of the day, that see in this second chart. This is about making sure hard- worker has a lower tax burden, but In addition, we keep or expand many working Americans can have not only they also have a rising wage and more of the tax deductions or tax provisions tax relief but also the pro-growth as- income. It is the combination of those that are important to families, and pect they see in the rising wages of in- two things that really—it is the rising that starts with the child tax. Well, I comes. tide that lifts all boats, if you will. should say it actually starts with the That is what I want to talk about in That is how we generate that higher standard deduction. We double, in es- this third chart, which goes to sup- standard of living for workers and tax- sence, the standard deduction. For an porting our businesses across this great payers across this great Nation. individual, right now it is a little over country. Small business is the back- So that is what we are working to do: $6,000 a person. We double that stand- bone of our economy. Small businesses, tax relief, grow the economy, create ard deduction to $12,000. For a married farms, and ranches are the absolute more jobs—and create them here at couple, you are talking over $24,000 backbone of our economy. Small busi- home versus overseas—and higher that is covered under the standard de- nesses typically are passthrough busi- wages and income. duction, no tax. nesses, which means the income flows

VerDate Sep 11 2014 02:32 Dec 14, 2017 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.031 S13DEPT1 S8000 CONGRESSIONAL RECORD — SENATE December 13, 2017 through the business and is then taxed held overseas by these companies and tisan work here in the Senate, and in at the individual level. So part of the is not brought back to the United Congress, generally, to come up with a tax relief we are providing to small States and invested here because we bill that would have done all of those businesses comes from the reduction in have one of the highest tax rates in the things, but, unfortunately, the legisla- the individual rates, as I have already world. Our corporate tax rate is one of tion in front of us does none. gone through, because that income has the highest in the world. The result is a partisan tax bill, writ- flowed through. So when we talk about the current ten in secret and without public hear- Passthroughs can be a partnership, a 35-percent tax rate, companies look at ings, adds to the national debt, pun- sub-S corporation, a limited liability that and say: Why would we bring back ishes the middle class and small busi- partnership, a limited liability cor- earnings from another country, say, nesses, and gives massive tax cuts to poration. These are all passthroughs. Ireland—pick a country anywhere in corporations and the wealthy. So when the income flows through that the world. Why would we bring those Last week, I came to the floor to small business to the individual, be- earnings back and pay a really high share the concerns of Granite Staters cause we have lowered the rates, that tax, versus reinvesting overseas or about this legislation. They were am- already provides a lower net tax on somewhere else where the tax is much plified at a forum I had on Monday at those small businesses and the people lower, and we can be more competi- Southern New Hampshire University, who own and work and invest in those tive? where I heard from students, graduate small businesses. This is what we are having to deal students, and higher education leaders The other thing we do is provide a 20- with, and that is why we lower the cor- in the State about the damage this bill percent distribution deduction—a re- porate rate—because that then creates would do to our State and to our na- duction in the taxable amount as far as the incentive to come back, invest dol- tional economy. income distributed by those businesses. lars in the United States, and create I have heard some reports today that We have gone through various more jobs here in America, and, in so there will be changes that come out of iterations. We started at about 17 per- doing, as they bring that revenue back, the conference committee that may ad- cent. We had hoped to move it higher. which is called repatriation, they gen- dress some of the concerns about the I think we will end up around 20 per- erate tax revenues which help us pro- bill’s impact on education. I hope that cent. What this means is, when income vide more tax relief for hard-working is true. Unfortunately, I haven’t heard flows through that passthrough busi- Americans. what those changes are. I don’t know if ness, 20 percent is deducted before you So that is what I mean. That is the any Democrats here have heard what calculate the income. For example, if two-fer aspect of this tax relief plan. It those changes are. Unfortunately, you flow through $1,000, you would be is making sure individuals have real these negotiations, like the bill, are taxed on the $800. Now, apply those tax relief so they keep more of what being done in secret, and the future of lower tax rates I talked about, and you they earned, but it is also about mak- students and so many people in New can see clearly that you significantly ing sure they earn more, that their Hampshire and the country hang in the reduce that tax rate on these small wages and income grow, and that there balance. businesses. are more jobs and opportunities here in In particular, what I heard at the Why is that so important? It enables America. That is absolutely the focus forum with the students and educators small businesses to keep more of their of this tax relief plan and what we are was that the bill as it passed the House hard-earned dollars, to invest in equip- working to achieve. would raise taxes on New Hampshire ment, to expand and grow their busi- Both the House and Senate have students and would make it financially ness. It enables them to hire more peo- passed versions of this tax bill. We are impossible for many of them to con- ple, like perhaps these great young now working to get the very best prod- tinue their educations. people we have here working as pages. uct we can through the conference As passed, the House tax bill would It enables them to raise wages and in- committee. We are making real eliminate the ability of individuals to come and to grow their business, or, for progress, and we need to continue to deduct the interest they pay on their an entrepreneur, to maybe start up a work together and get this tax relief student loan debt. Nationwide, student business. done. We have been working on it for a loan debt has roughly tripled since 2004 So it is those dollars that instead of long time. A lot of effort has gone into and now totals a staggering $1.3 tril- going to taxes, stay with the business. it. It is time now to finish it up this lion—more than the total credit card They are invested in the businesses, week, to vote on it, and to get this tax debt in the country. It is particularly create more jobs, more opportunity, relief passed before the end of the year burdensome for those of us in New and higher wages. That is the pro- so, as Americans go into 2018, they Hampshire because New Hampshire’s growth aspect of this tax relief I men- know they are able to keep more of 2016 graduating class had the highest tioned at the outset. their hard-earned tax dollars and we per capita student loan debt in the The other way this tax is really pro- also have a vibrant economy, where country—an average of $36,367. growth is also for larger C-corps bring- there is going to be more jobs and op- The Republican leader’s tax bill ing down that rate. Of course, smaller portunity and higher income and would make this crisis far worse not businesses use the C-corp as well, but wages. only for current students but for those by bringing down that rate, we make I yield the floor. who graduated many years ago but are companies in America more competi- The PRESIDING OFFICER (Mr. still burdened by student loan debt. It tive in the global economy. Companies GARDNER). For the information of the would prevent nearly 80,000 Granite that do business not only here in Senate, under the previous order, 30 Staters from deducting interest on America but in other countries around minutes of postcloture time remained their student loans. the world have to decide where they on the Willett nomination as of 4 p.m. The House legislation would also are going to invest. Are they going to The Senator from New Hampshire. make it far more expensive to get an invest and grow their plant and oper- Mrs. SHAHEEN. Mr. President, I was advanced degree because it eliminates ations here in America or are they interested to hear my colleague and tax-free waivers for tuition assistance. going to grow their plant and oper- friend from North Dakota talking I am hearing recent reports that this ations somewhere else? Of course, if about this tax bill because, sadly, there provision may be taken out of the final they grow here, they are hiring people has not been a lot of bipartisan work bill. I certainly hope that is the case here. They are paying wages and sala- on the bill. because as currently written, it would ries here in America rather than in I really agree there is a consensus put graduate school financially out of some other country. We want compa- that tax reform is it long overdue, but reach for many students. nies that do business internationally or we need tax reform that simplifies the A Dartmouth College student pur- globally growing their operations here, Tax Code, bolsters the middle class, suing a Ph.D. in biomedical sciences not overseas. and helps small businesses create jobs. wrote that counting tuition waivers as Right now, economists estimate that, I think those principles could have earned income would raise his yearly currently, in excess of $2.5 trillion is been the basis for really good bipar- taxes by more than $10,000. He said he

VerDate Sep 11 2014 02:32 Dec 14, 2017 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.033 S13DEPT1 December 13, 2017 CONGRESSIONAL RECORD — SENATE S8001 would no longer be able to afford rent students at UNH would be lost and erty guidelines and doing everything and groceries and would have to con- noted that Canada has recently seen they can to put bread on the table and sider dropping out of school. more than a 40-percent increase in take care of their families, and their Ken Ferreira, the associate vice international students. They are very children have no access to healthcare president for student financial services pleased to be benefiting from the brain without CHIP. at Franklin Pierce University, told me, drain from the United States because On September 30, Congress not only in no uncertain terms, that tuition of the financial barriers that we are failed to reauthorize a bipartisan, non- waivers are not income, and it is wrong putting up for graduate students. controversial program for children, we to tax them. I could not agree more. The other damaging aspect of this failed the 9 million children in this Tyler Kane is pursuing a master’s de- legislation, which I think many people country who rely on the program to gree in environmental engineering at are not aware of, is that the tuition as- stay healthy. There are 9 million chil- the University of New Hampshire. He sistance that many companies provide dren who are depending on CHIP, the told me he already owes close to $40,000 to their employees would count as tax- funding of CHIP, and the basic prior- in student loans and works nearly 60 able income. Forty years ago, Congress ities we should have for our most vul- hours a week. After paying rent and provided employers with the flexibility nerable, and we have done nothing. Our other expenses, his stipend leaves him to offer up to $5,250 in annual tax-free No. 1 job as Senators, as parents, and with less than $200 a month. If his tui- educational benefits to employees. as human beings is to care for and pro- tion waiver becomes taxable, that This was designed to advance competi- tect our children, but this body cannot would be a tax increase of $2,500, and it tiveness and fill the need for more even find the humanity to do that. would wreck his budget, leaving him in skilled workers. If we eliminate those In West Virginia alone, almost 50,000 a $33-a-month hole. Along with many benefits, how many of those employees children use CHIP over the course of of his graduate student colleagues, he who are looking to advance themselves the year, and more than 20,000 children would have to consider dropping out of through education will not be able to who are currently on the program are school. do that? going to lose it in February when the It makes no sense to increase the In so many ways, this tax overhaul money runs out. Through CHIP, these burden of student debt and to impose legislation would take America back- children have access to basic medical new taxes on graduate students strug- ward, not forward. Tax reform should care, which includes prescriptions, im- gling to get by so we can give the big- be about helping Americans prepare for munizations, dental coverage, vision, gest corporations in this country and the jobs of the 21st century; it and mental health coverage. For more the wealthiest a tax cut. shouldn’t make it harder to afford col- than 2 months, their healthcare has It is estimated that by 2020, two- lege or graduate school. Tax reform been hanging in the balance because of thirds of all jobs in the United States should be about strengthening the mid- the negligence of the body, our dys- will require some form of higher edu- dle class, not burdening it with higher function, playing Democrat and Repub- cation. Yet today less than 45 percent taxes. Tax reform should be about lican at a higher level of our party of Americans have at least a 2-year de- growing the economy, not growing the than our purpose of being here, which gree. As I talk with small business deficits and the debt. is to do our job. owners across New Hampshire, one of Like my colleagues on this side of Millions of families are in a state of their biggest challenges is finding the aisle, I am eager to work to genu- uncertainty, worrying about how to skilled workers. The last thing we need inely reform the Tax Code. Reform is pay for their child’s basic healthcare to do is make education more expen- long overdue, but the bill we have be- needs or, for many families, lifesaving sive and unaffordable for millions of fore us is not reform. We need a bipar- services. I believe it is our duty to en- young Americans. As one New Hamp- tisan bill that puts the middle class sure that our children are taken care shire businessman told me, it is like first, puts small businesses first, and of, for they are truly our country’s fu- eating our own seed corn. For the doesn’t leave a massive debt for our ture and legacy. I believe that no mat- United States to stay competitive in children and grandchildren. ter how much your family makes or the global economy, we can’t afford to Mr. President, I yield the floor. where you come from, the most impor- discourage talented young people from The PRESIDING OFFICER. The Sen- tant thing you have is healthcare for going to college or pursuing a graduate ator from West Virginia. your children so that they have a degree. CHILDREN’S HEALTH INSURANCE PROGRAM healthy start. I also had the opportunity to talk Mr. MANCHIN. Mr. President, all the There are five promises every adult with Nate Stafford. He is pursuing a nearly 50,000 children who are on West should make to a child. This was start- Ph.D. at the University of Hampshire. Virginia CHIP want this Christmas is ed under Colin Powell, the five prom- Because he serves as a teaching assist- to have their healthcare. That is not a ises. ant, the university provides a tuition lot to ask for from a child. The first one is, every child needs to waiver of nearly $27,000, which would As a legislative body, we were elected have a loving, caring adult in their life; be taxed under the provision of the to serve the needs of all of our con- someone who they know uncondition- House bill. If his tuition waiver were stituents, and that includes protecting ally loves them, right, wrong, or indif- taxed, that would force him to consider our most vulnerable—our children. ferent. It is not always the biological opting out of graduate school entirely. How many times do you hear us give parents or biological family. It could I also heard from university adminis- speeches, whether it is in this body or be a neighbor. It could be someone trators, who shared their concerns. whether it is back home—it is all about reaching out. It could be a church or Sister Paula Marie Buley, president our children. The future of our country service. It could be an afterschool pro- of Rivier University, pointed out that is about our children. The future of our gram. the proposed new taxes on students is State is about our children. Our future Second, every child must have a safe ‘‘a tax on our future.’’ generation—whatever we do, the prom- place. A safe place might not always be Jan Nesbit, the senior vice provost ise of the world—is about our children. the home where they live. for research at the University of New And all they are asking for is to have Third, every child must have a Hampshire, warned that taxing grad- their healthcare. healthy start. We talked about nutri- uate students’ tuition waivers would It seems as though we are so con- tion. We talked about healthcare. That have a cascading impact that would sumed with partisan gridlock and pos- is part of it. If we can’t teach a child raise undergraduate tuition across the turing that we would allow the expira- how to keep themselves healthy, how board because losing graduate students tion of health insurance for children. It to take care of themselves nutrition- would affect both teaching assistants is almost unconscionable for us to be in ally in all different ways, they are not and research and drive up costs. this situation, and the children have no going to grow up to be a productive I heard from Cari Moorhead, the in- control of their own healthcare cov- adult. They will have health concerns. terim dean of the graduate school at erage, and their parents can’t really af- They will have health challenges. It is the University of New Hampshire. She ford basic healthcare. They are the up to us to make sure they have that pointed out that many international working people who are above the pov- healthy start.

VerDate Sep 11 2014 02:32 Dec 14, 2017 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.034 S13DEPT1 S8002 CONGRESSIONAL RECORD — SENATE December 13, 2017 Fourth, every child should have a liv- for CHIP. His neurosurgeon nor his [Rollcall Vote No. 315 Ex.] able skill. That means education. In endocrinologist ever had any issues accept- YEAS—50 ing CHIP; they didn’t have any issues with this country, we make sure every child Alexander Flake Perdue authorizations for MRIs or bone scans, which has free education, K–12, and we make Barrasso Gardner Portman he had every few months. sure there is assistance so they can go Blunt Graham Risch I am very thankful to have had insurance Boozman Grassley through a college program. If we can Roberts like CHIP, and I feel there are so many chil- Burr Hatch Rounds work with them and help them with fi- dren like my precious son that will suffer if Capito Heller Rubio nancial literacy, they wouldn’t be the program ends. I feel some could be detri- Cassidy Hoeven Sasse mental to not only the children but also the Collins Inhofe Scott bound with so much debt. I think we Corker Isakson Shelby can help in a lot of different ways. parents who are not eligible for Medicaid Cornyn Johnson Strange services. We live in a state where jobs are Cotton Kennedy The fifth promise is the hardest one Sullivan to teach. It is the hardest one because not so plentiful and the ones we have pay Crapo Lankford much less than other States. Cruz Lee Thune this promise is that every child should Tillis I hope WVCHIP is saved. Daines McConnell grow up to be a loving, caring adult Enzi Moran Toomey and give something back. If these chil- This is a mother reaching out, saying Ernst Murkowski Wicker Young dren see that we don’t care and that that her son was saved because of Fischer Paul our priority is not healthcare and that CHIP. She couldn’t afford it. She was NAYS—47 having a healthy start in life is not one above the poverty guidelines. She was Baldwin Gillibrand Nelson of our priorities, what are they going working and trying to make it, and Bennet Harris Peters to do when it is their turn, when they someone told her it might be more ad- Blumenthal Hassan Reed vantageous to go on welfare. There is Booker Heinrich Sanders become the responsible adults? What Brown Heitkamp Schatz are they going to do? Are they going still an awful lot of pride and dignity Cantwell Hirono Schumer say: Well, you know, I don’t know, we in people’s lives. They will fight for Cardin Kaine Shaheen that dignity, and we ought to fight to Carper King Stabenow didn’t have too good of an example be- Casey Klobuchar Tester cause we saw all the bickering and give them assistance during the tough- Coons Leahy Udall est times. Cortez Masto Manchin fighting back and forth, politics trump- Van Hollen I am calling on my colleagues to Donnelly Markey ing everything, so I guess maybe that Duckworth McCaskill Warner is not a big priority for us. right this wrong and to reauthorize Durbin Menendez Warren I hope they have more discipline than CHIP before we leave for Christmas. Feinstein Merkley Whitehouse we have had here. I hope they have There are so many deadlines we are Franken Murphy Wyden more compassion, more empathy than trying to make. I know the speed the NOT VOTING—3 we have shown. That is what I hope. I tax bill is moving through is because it Cochran McCain Murray hope that we change our ways now and is a priority to get done before Christ- The nomination was confirmed. make sure our failure to come together mas. Even though we don’t have a cri- The PRESIDING OFFICER. Under stops and stops now and that we come sis, even though the stock market is the previous order, the motion to re- together for the CHIP program and the doing greater than ever, even though consider is considered made and laid healthcare for every child who depends unemployment is lower than ever, upon the table and the President will on this for a healthy start in life. there is a timetable at warp speed that be immediately notified of the Senate’s That is why I stand before you this is moving through. Yet we have action. today—to encourage my colleagues to not addressed what we need most, come together and find a solution and which is healthcare for our children. I f protect healthcare for over 9 million don’t know where the urgency is for CLOTURE MOTION children across this country. I have tax reform that would trump the ur- talked to families and children all gency and the need for healthcare for The PRESIDING OFFICER. Pursuant across West Virginia who are at risk of children. to rule XXII, the Chair lays before the losing their healthcare coverage. With that, I urge all of my colleagues Senate the pending cloture motion, For many families, CHIP is a tem- to please take a look at this, and let’s which the clerk will state. porary helping hand while they are correct this wrong and not go home for The legislative clerk read as follows: down and out. It is a perfect example of Christmas until all these children have CLOTURE MOTION how, in West Virginia and in America, healthcare. We, the undersigned Senators, in accord- we put out a hand to help those people Mr. President, I yield the floor. ance with the provisions of rule XXII of the in need. There is a difference between a Mr. BARRASSO. Mr. President, I Standing Rules of the Senate, do hereby move to bring to a close debate on the nomi- handout and a hand-up. These people yield back all time. nation of James C. Ho, of Texas, to be United need a hand-up when they hit hard The PRESIDING OFFICER. The States Circuit Judge for the Fifth Circuit. times. question is, Will the Senate advise and Mitch McConnell, Richard Burr, John I have a letter from a mother in West consent to the Willett nomination? Cornyn, Michael B. Enzi, Johnny Isak- Virginia. Mr. BARRASSO. Mr. President, I ask son, Chuck Grassley, Mike Crapo, Ron I have encouraged the people of West for the yeas and nays. Johnson, Roger F. Wicker, Marco Virginia to put a real family, a real Rubio, Mike Rounds, Steve Daines, The PRESIDING OFFICER. Is there a Lindsey Graham, Shelley Moore Cap- face behind the challenges they have so sufficient second? that it is not just something we are ito, Cory Gardner, James E. Risch, Jeff There appears to be a sufficient sec- Flake. speaking about in a political arena—it ond. is basically something that happens in The PRESIDING OFFICER. By unan- The clerk will call the roll. imous consent, the mandatory quorum real life, and it is affecting people. The senior assistant legislative clerk This letter comes from Annetta: call has been waived. called the roll. The question is, Is it the sense of the My name is Annetta, and I am the mother Mr. CORNYN. The following Senators of a now 18-year-old son named Dalton. Senate that debate on the nomination WVCHIP is important to me because when are necessarily absent: the Senator of James C. Ho, of Texas, to be United Dalton was 15, it was discovered he had a pi- from Mississippi (Mr. COCHRAN) and the States Circuit Judge for the Fifth Cir- tuitary brain tumor as well as a condition Senator from Arizona (Mr. MCCAIN). cuit, shall be brought to a close? known has Chiari malformation. If you are Mr. DURBIN. I announce that the The yeas and nays are mandatory not familiar, Chiari is a condition where the Senator from Washington (Mrs. under the rule. brain protrudes out the back of the head, MURRAY) is necessarily absent. The clerk will call the roll. similar to a herniated disc in the spine. Most The PRESIDING OFFICER. Are there The legislative clerk called the roll. times, Chiari requires surgery to relieve pressure out of the head. any other Senators in the Chamber de- Mr. CORNYN. The following Senators I had lost my health insurance at work and siring to vote? are necessarily absent: the Senator could not afford to get a private insurance The result was announced—yeas 50, from Mississippi (Mr. COCHRAN) and the during this time. Thankfully I was approved nays 47, as follows: Senator from Arizona (Mr. MCCAIN).

VerDate Sep 11 2014 02:32 Dec 14, 2017 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.036 S13DEPT1 December 13, 2017 CONGRESSIONAL RECORD — SENATE S8003 Mr. DURBIN. I announce that the UNANIMOUS CONSENT AGREEMENT—EXECUTIVE ciate’s degree from Ivy Tech. He not Senator from Washington (Mrs. MUR- CALENDAR only served his community as a fire- RAY) is necessarily absent. Mr. MCCONNELL. Mr. President, I fighter but also as a paramedic with The yeas and nays resulted—yeas 53, ask unanimous consent that at a time Three Rivers Ambulance Authority, a nays 44, as follows: to be determined by the majority lead- deputy coroner with the Allen County [Rollcall Vote No. 316 Ex.] er, in consultation with the Demo- Coroner’s Office, captain of traffic divi- YEAS—53 cratic leader, the Senate proceed to ex- sion in the Allen County Sheriff Re- ecutive session for consideration of serves, and dean of campers at the Alexander Flake Paul Barrasso Gardner Perdue Calendar No. 241, the nomination of J. Great Lake Burn Camp. Blunt Graham Portman Paul Compton to be General Counsel of Eric was a member of Pathway Chris- Boozman Grassley Risch the Department of Housing and Urban tian Church. He adored his two chil- Burr Hatch Roberts Development. I further ask that there Capito Heitkamp dren and loved spending time with Rounds be 120 minutes of debate on the nomi- Cassidy Heller Rubio them. He was known for his ability to Collins Hoeven Sasse nation, equally divided in the usual make anyone laugh and for his genuine Corker Inhofe Scott form; that following the use or yielding care for everyone he came across. He is Cornyn Isakson Shelby Cotton Johnson back of time, the Senate vote on con- remembered for his service and sac- Strange Crapo Kennedy firmation with no intervening action rifice. Cruz Lankford Sullivan Thune or debate; and that, if confirmed, the He is survived and deeply missed by Daines Lee motion to reconsider be considered Donnelly McCaskill Tillis his wife, Alicia, and their twin chil- Enzi McConnell Toomey made and laid upon the table and the dren, Lucas and Alyssa; father, Gail; Ernst Moran Wicker President be immediately notified of mother, Deborah; brother, Aaron; sis- Fischer Murkowski Young the Senate’s action. ter, Tina; grandparents, in-laws, NAYS—44 The PRESIDING OFFICER. Without nieces, nephews, and cousins; and his Baldwin Gillibrand Peters objection, it is so ordered. fellow firefighters. He loved his job as a Bennet Harris Reed f Fort Wayne firefighter, and no amount Blumenthal Hassan Sanders of gratitude can repay Eric or his loved Booker Heinrich Schatz LEGISLATIVE SESSION Brown Hirono Schumer ones for his sacrifice. Cantwell Kaine Shaheen Through his compassion and his dedi- Cardin King Stabenow MORNING BUSINESS cation to his community, Eric exempli- Carper Klobuchar Tester Casey Leahy fied Hoosier values. His memory will Udall Mr. MCCONNELL. Mr. President, I Coons Manchin not soon be forgotten. May God wel- Van Hollen Cortez Masto Markey ask unanimous consent that the Sen- Warner come Eric home and give comfort to Duckworth Menendez ate proceed to legislative session for a Warren his family and friends. Durbin Merkley period of morning business, with Sen- Feinstein Murphy Whitehouse f Franken Nelson Wyden ators permitted to speak therein for up to 10 minutes each. ADDITIONAL STATEMENTS NOT VOTING—3 The PRESIDING OFFICER. Without Cochran McCain Murray objection, it is so ordered. TRIBUTE TO MEKENNA CARMAN The PRESIDING OFFICER (Mr. LEE). f On this vote, the yeas are 53, the nays ∑ Mr. BARRASSO. Mr. President, I REMEMBERING CAPTAIN ERIC are 44. would like to take the opportunity to BALLIET The motion is agreed to. express my appreciation to MeKenna Mr. DONNELLY. Mr. President, Carman for her hard work as an intern f today I wish to recognize and honor the in my Washington, DC, office. I recog- extraordinary service and sacrifice of nize her efforts and contributions to Captain Eric Balliet of the Fort Wayne EXECUTIVE CALENDAR my office, as well as to the State of Fire Department. Service to his com- Wyoming. The PRESIDING OFFICER. The munity and compassion were qualities MeKenna is a native of Arizona. She clerk will report the nomination. that defined Eric’s life. is a student at Arizona State Univer- The assistant bill clerk read the Eric was a 19-year veteran with the sity, where she is studying political nomination of James C. Ho, of Texas, Fort Wayne Fire Department who de- science. She has demonstrated a strong to be United States Circuit Judge for voted his life to the Fort Wayne com- work ethic, which has made her an in- the Fifth Circuit. munity. A compassionate and devout valuable asset to our office. The qual- The PRESIDING OFFICER. The ma- father, husband, friend, and leader, ity of her work is reflected in her great jority leader. Eric was someone whom everyone efforts over the last several months. UNANIMOUS CONSENT AGREEMENT—EXECUTIVE knew and loved in the community. He I want to thank MeKenna for the CALENDAR will be remembered as a hero. dedication she has shown while work- Mr. MCCONNELL. Mr. President, I On September 27, 2017, Eric was lead- ing for me and my staff. It was a pleas- ask unanimous consent that at a time ing a training exercise. After per- ure to have her as part of our team. I to be determined by the majority lead- forming the physically demanding know she will have continued success er, in consultation with the Demo- drill, Eric suffered a heart attack and with all of her future endeavors. I wish cratic leader, the Senate proceed to ex- passed away. He led the fire depart- her all my best on her next journey.∑ ecutive session for consideration of ment as a captain, and Fire Chief Eric f Calendar No. 193, the nomination of Lahey called Eric’s passing ‘‘a great Owen West to be an Assistant Sec- loss for the Fort Wayne fire depart- TRIBUTE TO AUTUMN JENSEN retary of Defense. I further ask that ment.’’ Lahey also said, ‘‘He was a ∑ Mr. BARRASSO. Mr. President, I there be 30 minutes of debate on the good firefighter. A good man. We’re would like to take the opportunity to nomination, equally divided in the going to miss him.’’ At the time of his express my appreciation to Autumn usual form; that following the use or passing, Eric was eligible and sched- Jensen for her hard work as an intern yielding back of time, the Senate vote uled for promotion to the rank of bat- in my Cheyenne office. I recognize her on confirmation with no intervening talion chief and was promoted post- efforts and contributions to my office, action or debate; and that, if con- humously to that rank. He put his life as well as to the State of Wyoming. firmed, the motion to reconsider be on the line so that Hoosiers could have Autumn is a native of Lander. She is considered made and laid upon the the chance to live in peace and safety, a sophomore at the University of Wyo- table and the President be immediately and we are eternally grateful. ming, studying political science and notified of the Senate’s action. Eric was born and raised in Fort statistics. She has demonstrated a The PRESIDING OFFICER. Without Wayne. He graduated from Northrop strong work ethic, which has made her objection, it is so ordered. High School in 1994 and earned an asso- an invaluable asset to our office. The

VerDate Sep 11 2014 03:57 Dec 14, 2017 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A13DE6.007 S13DEPT1 S8004 CONGRESSIONAL RECORD — SENATE December 13, 2017 quality of her work is reflected in her energy and environmental benefits of the re- H.R. 3971. An act to amend the Truth in great efforts over the last several refining of used lubricated oil. Lending Act and the Real Estate Settlement months. H.R. 2872. An act to amend the Federal Procedures Act of 1974 to modify the require- I want to thank Autumn for the dedi- Power Act to promote hydropower develop- ments for community financial institutions ment at existing nonpowered dams, and for with respect to certain rules relating to cation she has shown while working for other purposes. mortgage loans, and for other purposes; to me and my staff. It is a pleasure to H.R. 2880. An act to amend the Federal the Committee on Banking, Housing, and have her as part of our team. I know Power Act to promote closed-loop pumped Urban Affairs. she will have continued success with storage hydropower, and for other purposes. H.R. 4171. An act to amend title 5, United all of her future endeavors. I wish her H.R. 3638. An act to designate the facility States Code, to extend the authority to con- all my best on her journey.∑ of the United States Postal Service located duct telework travel expenses test programs, at 1100 Kings Road in Jacksonville, Florida, and for other purposes; to the Committee on f as the ‘‘Rutledge Pearson Post Office Build- Homeland Security and Governmental Af- TRIBUTE TO JAKE KENNEDY ing’’. fairs. H.R. 4285. An act to designate the facility ∑ H.R. 3655. An act to designate the facility Mr. BARRASSO. Mr. President, I of the United States Postal Service located of the United States Postal Service located would like to take the opportunity to at 1300 Main Street in Belmar, New Jersey, at 123 Bridgeton Pike in Mullica Hill, New express my appreciation to Jake Ken- as the ‘‘Dr. Walter S. McAfee Post Office Jersey, as the ‘‘James C. ’Billy’ Johnson nedy for his hard work as an intern in Building’’. Post Office Building’’; to the Committee on my Washington, DC, office. I recognize H.R. 3971. An act to amend the Truth in Homeland Security and Governmental Af- fairs. his efforts and contributions to my of- Lending Act and the Real Estate Settlement fice, as well as to the State of Wyo- Procedures Act of 1974 to modify the require- f ming. ments for community financial institutions EXECUTIVE AND OTHER Jake is a native of California. He is a with respect to certain rules relating to mortgage loans, and for other purposes. COMMUNICATIONS graduate of Bucknell University, where H.R. 4171. An act to amend title 5, United The following communications were he studied political science and govern- States Code, to extend the authority to con- laid before the Senate, together with ment. He has demonstrated a strong duct telework travel expenses test programs, accompanying papers, reports, and doc- work ethic, which has made him an in- and for other purposes. uments, and were referred as indicated: H.R. 4285. An act to designate the facility valuable asset to our office. The qual- EC–3675. A communication from the Sec- ity of his work is reflected in his great of the United States Postal Service located at 123 Bridgeton Pike in Mullica Hill, New retary, Securities and Exchange Commis- efforts over the last several months. sion, transmitting, pursuant to law, the re- Jersey, as the ‘‘James C. ‘Billy’ Johnson I want to thank Jake for the dedica- port of a rule entitled ‘‘Investment Company Post Office Building’’. tion he has shown while working for Reporting Modernization’’ (RIN3235–AL42) me and my staff. It is a pleasure to The message further announced that received in the Office of the President of the have him as part of our team. I know pursuant to section 1238(b)(3) of the Senate on December 12, 2017; to the Com- he will have continued success with all Floyd D. Spence National Defense Au- mittee on Banking, Housing, and Urban Af- fairs. of his future endeavors. I wish him all thorization Act of Fiscal Year 2001 (22 U.S.C. 7002), as amended, the Minority EC–3676. A communication from the Divi- my best on his journey.∑ sion Chief of Regulatory Affairs, Bureau of Leader re-appoints the following indi- f Land Management, Department of the Inte- viduals to the United States-China rior, transmitting, pursuant to law, the re- TRIBUTE TO ALEX LUPSAIU Economic and Security Review Com- port of a rule entitled ‘‘Waste Prevention, ∑ Mr. BARRASSO. Mr. President, I mission, effective January 1, 2018: Ms. Production Subject to Royalties, and Re- would like to take the opportunity to Carolyn Bartholomew of Washington, source Conservation; Delay and Suspension express my appreciation to Alex DC and Mr. Michael Wessel of Falls of Certain Requirements’’ (RIN1004–AE54) re- Church, Virginia. ceived during adjournment of the Senate in Lupsaiu for his hard work as an intern the Office of the President of the Senate on in my Washington, DC, office. I recog- f December 8, 2017; to the Committee on En- nize his efforts and contributions to MEASURES REFERRED ergy and Natural Resources. my office, as well as to the State of EC–3677. A communication from the Direc- Wyoming. The following bills were read the first tor of the Regulatory Management Division, Alex is a native of California. He at- and the second times by unanimous Environmental Protection Agency, transmit- consent, and referred as indicated: ting, pursuant to law, the report of a rule en- tended the University of California, titled ‘‘Voluntary Consensus Standards Up- Los Angeles, and the University of Ox- H.R. 1208. An act to designate the facility of the United States Postal Service located date; Formaldehyde Emission Standards for ford, where he studied philosophy. He Composite Wood Products; Withdrawal of Di- at 9155 Schaefer Road, Converse, Texas, as has demonstrated a strong work ethic, rect Final Rule’’ (FRL No. 9971–38) received the ‘‘Converse Veterans Post Office Build- in the Office of the President of the Senate which has made him an invaluable ing’’; to the Committee on Homeland Secu- on December 11, 2017; to the Committee on asset to our office. The quality of his rity and Governmental Affairs. work is reflected in his great efforts Environment and Public Works. H.R. 1733. An act to direct the Secretary of EC–3678. A communication from the Direc- over the last several months. Energy to review and update a report on the tor of the Regulatory Management Division, I want to thank Alex for the dedica- energy and environmental benefits of the re- Environmental Protection Agency, transmit- tion he has shown while working for refining of used lubricating oil; to the Com- ting, pursuant to law, the report of a rule en- me and my staff. It is a pleasure to mittee on Energy and Natural Resources. titled ‘‘Renewable Fuel Standard Program: have him as part of our team. I know H.R. 2872. An act to amend the Federal Standards for 2018 and Biomass-Based Diesel Power Act to promote hydropower develop- he will have continued success with all Volume for 2019’’ (FRL No. 9971–73–OAR) re- ment at existing nonpowered dams, and for ceived in the Office of the President of the of his future endeavors. I wish him all other purposes; to the Committee on Energy my best on his journey.∑ Senate on December 11, 2017; to the Com- and Natural Resources. mittee on Environment and Public Works. f H.R. 2880. An act to amend the Federal EC–3679. A communication from the Direc- Power Act to promote closed-loop pumped MESSAGE FROM THE HOUSE tor of the Regulatory Management Division, storage hydropower, and for other purposes; Environmental Protection Agency, transmit- At 12:04 p.m., a message from the to the Committee on Energy and Natural Re- ting, pursuant to law, the report of a rule en- House of Representatives, delivered by sources. titled ‘‘Finding of Failure to Submit a Sec- Mrs. Cole, one of its reading clerks, an- H.R. 3638. An act to designate the facility tion 110 State Implementation Plan for of the United States Postal Service located Interstate Transport for the 2012 Annual Na- nounced that the House has passed the at 1100 Kings Road in Jacksonville, Florida, following bills, in which it requests the tional Ambient Air Quality Standards for as the ‘‘Rutledge Pearson Post Office Build- Fine Particles’’ (FRL No. 9971–88–Region 10) concurrence of the Senate: ing’’; to the Committee on Homeland Secu- received in the Office of the President of the H.R. 1208. An act to designate the facility rity and Governmental Affairs. Senate on December 11, 2017; to the Com- of the United States Postal Service located H.R. 3655. An act to designate the facility mittee on Environment and Public Works. at 9155 Schaefer Road, Converse, Texas, as of the United States Postal Service located EC–3680. A communication from the Direc- the ‘‘Converse Veterans Post Office Build- at 1300 Main Street in Belmar, New Jersey, tor of the Regulatory Management Division, ing’’. as the ‘‘Dr. Walter S. McAfee Post Office Environmental Protection Agency, transmit- H.R. 1733. An act to direct the Secretary of Building’’; to the Committee on Homeland ting, pursuant to law, the report of a rule en- Energy to review and update a report on the Security and Governmental Affairs. titled ‘‘Contingency Measures for the 1997

VerDate Sep 11 2014 03:57 Dec 14, 2017 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.042 S13DEPT1 December 13, 2017 CONGRESSIONAL RECORD — SENATE S8005 PM2.5 Standards; California; San Joaquin titled ‘‘Approval and Promulgation of Air Administration, Department of Commerce, Valley; Correction of Deficiency’’ (FRL No. Quality Implementation Plans; Pennsyl- transmitting, pursuant to law, the report of 9972–02–Region 9) received in the Office of the vania; Adoption of Control Techniques a rule entitled ‘‘Revolving Loan Fund Pro- President of the Senate on December 11, 2017; Guidelines for Control of Volatile Organic gram Changes and General Updates to to the Committee on Environment and Pub- Compound Emissions from Miscellaneous PWEDA Regulations’’ (RIN0610–AA69) re- lic Works. Metal Parts Surface Coating, Miscellaneous ceived in the Office of the President of the EC–3681. A communication from the Direc- Plastic Parts Surface Coating, and Pleasure Senate on December 8, 2017; to the Com- tor of the Regulatory Management Division, Craft Surface Coatings; Withdrawal of Direct mittee on Environment and Public Works. Environmental Protection Agency, transmit- Final Rule’’ (FRL No. 9971–98–Region 3) re- EC–3696. A communication from the Regu- ting, pursuant to law, the report of a rule en- ceived in the Office of the President of the lations Coordinator, Centers for Medicare titled ‘‘Approval of Missouri Air Quality Im- Senate on December 11, 2017; to the Com- and Medicaid Services, Department of plementation Plans; Infrastructure SIP Re- mittee on Environment and Public Works. Health and Human Services, transmitting, quirements for the 2012 Annual Fine Particu- EC–3688. A communication from the Direc- pursuant to law, the report of a rule entitled late Matter (PM2.5) National Ambient Air tor of the Regulatory Management Division, ‘‘Medicare Program; Cancellation of Advanc- Quality Standard; Withdrawal of Direct Environmental Protection Agency, transmit- ing Care Coordination Through Episode Pay- Final Rule’’ (FRL No. 9971–68–Region 7) re- ting, pursuant to law, the report of a rule en- ment and Cardiac Rehabilitation Incentive ceived in the Office of the President of the titled ‘‘Approval and Promulgation of Air Payment Models; Changes to Comprehensive Senate on December 11, 2017; to the Com- Quality Implementation Plans; Minnesota; Care for Joint Replacement Payment Model: mittee on Environment and Public Works. Regional Haze Progress Report; Withdrawal Extreme and Uncontrollable Circumstances EC–3682. A communication from the Direc- of Direct Final Rule’’ (FRL No. 9971–78–Re- Policy for the Comprehensive Care for Joint tor of the Regulatory Management Division, gion 5) received in the Office of the President Replacement Payment Model’’ ((RIN0938– Environmental Protection Agency, transmit- of the Senate on December 11, 2017; to the AT16) (CMS–5524-F and CMS–5524-IFC)) re- ting, pursuant to law, the report of a rule en- Committee on Environment and Public ceived in the Office of the President of the titled ‘‘Approval of Missouri Air Quality Im- Works. Senate on December 11, 2017; to the Com- plementation Plans; Infrastructure SIP Re- EC–3689. A communication from the Direc- mittee on Finance. quirements for the 2010 Nitrogen Dioxide Na- tor of the Regulatory Management Division, EC–3697. A communication from the Assist- tional Ambient Air Quality Standard; With- Environmental Protection Agency, transmit- ant Legal Adviser for Treaty Affairs, Depart- drawal of Direct Final Rule’’ (FRL No. 9971– ting, pursuant to law, the report of a rule en- ment of State, transmitting, pursuant to the 69–Region 7) received in the Office of the titled ‘‘Approval and Promulgation of Air Case-Zablocki Act, 1 U.S.C. 112b, as amended, President of the Senate on December 11, 2017; Quality Implementation Plans; District of the report of the texts and background state- to the Committee on Environment and Pub- Columbia; Interstate Transport Require- ments of international agreements, other lic Works. ments for the 2010 1-Hour Sulfur Dioxide than treaties (List 2017–0206—2017–0213); to EC–3683. A communication from the Direc- Standard; Withdrawal of Direct Final Rule’’ the Committee on Foreign Relations. tor of the Regulatory Management Division, (FRL No. 9971–70–Region 3) received in the EC–3698. A communication from the Acting Environmental Protection Agency, transmit- Office of the President of the Senate on De- Assistant Secretary for Legislation, Depart- ting, pursuant to law, the report of a rule en- cember 11, 2017; to the Committee on Envi- ment of Health and Human Services, trans- titled ‘‘Approval and Promulgation of Imple- ronment and Public Works. mitting, pursuant to law, a report entitled mentation Plans; New Mexico; Albuquerque EC–3690. A communication from the Direc- ‘‘United States Tobacco Product Exports and Bernalillo County; Regional Haze tor of the Regulatory Management Division, That Do Not Conform to Tobacco Product Progress Report State Implementation Environmental Protection Agency, transmit- Standards’’; to the Committee on Health, Plan’’ (FRL No. 9971–43–Region 6) received in ting, pursuant to law, the report of a rule en- Education, Labor, and Pensions. EC–3699. A communication from the Acting the Office of the President of the Senate on titled ‘‘Air Plan Approval; Wisconsin; Re- Secretary of Health and Human Services, December 11, 2017; to the Committee on En- gional Haze Progress Report; Withdrawal of Direct Final Rule’’ (FRL No. 9971–75–Region transmitting, pursuant to law, the report of vironment and Public Works. a petition to add workers who were employed EC–3684. A communication from the Direc- 5) received in the Office of the President of at the Idaho National Laboratory (INL) in tor of the Regulatory Management Division, the Senate on December 11, 2017; to the Com- Scoville, Idaho, to the Special Exposure Co- Environmental Protection Agency, transmit- mittee on Environment and Public Works. EC–3691. A communication from the Direc- hort; to the Committee on Health, Edu- ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, cation, Labor, and Pensions. titled ‘‘Approval and Promulgation of Air Environmental Protection Agency, transmit- EC–3700. A communication from the Acting Quality Implementation Plans; West Vir- ting, pursuant to law, the report of a rule en- Secretary of Homeland Security, transmit- ginia; Removal of Clean Air Interstate Rule titled ‘‘Air Plan Approval; Michigan; Re- ting, pursuant to law, the fiscal year 2016 an- Trading Programs Replaced by Cross-State gional Haze Progress Report; Withdrawal of nual report for the Department’s Office for Air Pollution Rule Trading Programs; With- Direct Final Rule’’ (FRL No. 9971–80–Region Civil Rights and Civil Liberties; to the Com- drawal of Direct Final Rule’’ (FRL No. 9971– 5) received in the Office of the President of mittees on Homeland Security and Govern- 56–Region 3) received in the Office of the the Senate on December 11, 2017; to the Com- mental Affairs; the Judiciary; and Select President of the Senate on December 11, 2017; mittee on Environment and Public Works. Committee on Intelligence. to the Committee on Environment and Pub- EC–3692. A communication from the Direc- EC–3701. A communication from the Chair- lic Works. tor of the Regulatory Management Division, man of the Council of the District of Colum- EC–3685. A communication from the Direc- Environmental Protection Agency, transmit- bia, transmitting, pursuant to law, a report tor of the Regulatory Management Division, ting, pursuant to law, the report of a rule en- on D.C. Act 22–190, ‘‘Fiscal Year 2018 Budget Environmental Protection Agency, transmit- titled ‘‘Air Plan Approval; Illinois; Regional Support Clarification Temporary Amend- ting, pursuant to law, the report of a rule en- Haze Progress Report; Withdrawal of Direct ment Act of 2017’’; to the Committee on titled ‘‘Approval and Promulgation of Air Final Rule’’ (FRL No. 9971–79–Region 5) re- Homeland Security and Governmental Af- Quality Implementation Plans; Virginia; ceived in the Office of the President of the fairs. Amendment to Ambient Air Quality Stand- Senate on December 11, 2017; to the Com- EC–3702. A communication from the Chair- ard for Ozone; Withdrawal of Direct Final mittee on Environment and Public Works. man of the Council of the District of Colum- Rule’’ (FRL No. 9971–41–Region 3) received in EC–3693. A communication from the Direc- bia, transmitting, pursuant to law, a report the Office of the President of the Senate on tor of the Regulatory Management Division, on D.C. Act 22–191, ‘‘At-Risk Tenant Protec- December 11, 2017; to the Committee on En- Environmental Protection Agency, transmit- tion Clarifying Temporary Amendment Act vironment and Public Works. ting, pursuant to law, the report of a rule en- of 2017’’; to the Committee on Homeland Se- EC–3686. A communication from the Direc- titled ‘‘Air Plan Approval; Florida; Sta- curity and Governmental Affairs. tor of the Regulatory Management Division, tionary Sources Emissions Monitoring; EC–3703. A communication from the Chair- Environmental Protection Agency, transmit- Withdrawal’’ (FRL No. 9971–72–Region 4) re- man of the Council of the District of Colum- ting, pursuant to law, the report of a rule en- ceived in the Office of the President of the bia, transmitting, pursuant to law, a report titled ‘‘Approval and Promulgation of Air Senate on December 11, 2017; to the Com- on D.C. Act 22–192, ‘‘Operator’s Permit and Quality Implementation Plans; Pennsyl- mittee on Environment and Public Works. Drug Offense Amendment Act of 2017’’; to the vania; Pennsylvania’s Adoption of Control EC–3694. A communication from the Direc- Committee on Homeland Security and Gov- Techniques Guidelines for Automobile and tor of the Regulatory Management Division, ernmental Affairs. Light-Duty Truck Assembly Coatings; With- Environmental Protection Agency, transmit- EC–3704. A communication from the Chair- drawal of Direct Final Rule’’ (FRL No. 9971– ting, pursuant to law, the report of a rule en- man of the Council of the District of Colum- 93–Region 3) received in the Office of the titled ‘‘Air Plan Approval; CT; Decommis- bia, transmitting, pursuant to law, a report President of the Senate on December 11, 2017; sioning of Stage II Vapor Recovery Systems’’ on D.C. Act 22–193, ‘‘Exhaust Emissions In- to the Committee on Environment and Pub- (FRL No. 9966–28–Region 1) received in the spection Amendment Act of 2017’’; to the lic Works. Office of the President of the Senate on De- Committee on Homeland Security and Gov- EC–3687. A communication from the Direc- cember 11, 2017; to the Committee on Envi- ernmental Affairs. tor of the Regulatory Management Division, ronment and Public Works. EC–3705. A communication from the Chair- Environmental Protection Agency, transmit- EC–3695. A communication from the Dep- man of the Council of the District of Colum- ting, pursuant to law, the report of a rule en- uty Chief Counsel, Economic Development bia, transmitting, pursuant to law, a report

VerDate Sep 11 2014 02:32 Dec 14, 2017 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A13DE6.011 S13DEPT1 S8006 CONGRESSIONAL RECORD — SENATE December 13, 2017 on D.C. Act 22–194, ‘‘DMV Services Amend- with Rear Adm. (lh) David G. Throop, which By Ms. BALDWIN (for herself, Mr. ment Act of 2017’’; to the Committee on nominations were received by the Senate and JOHNSON, and Ms. KLOBUCHAR): Homeland Security and Governmental Af- appeared in the Congressional Record on S. 2223. A bill to amend the Agricultural fairs. May 16, 2017. (minus 2 nominees: Rear Adm. Act of 2014 to clarify forest, rangeland, and EC–3706. A communication from the Chair- (lh) Steven J. Andersen; Rear Adm. (lh) watershed restoration services under good man of the Council of the District of Colum- Keith M. Smith) neighbor agreements; to the Committee on bia, transmitting, pursuant to law, a report * Coast Guard nomination of Rear Adm. Agriculture, Nutrition, and Forestry. on D.C. Act 22–197, ‘‘Mobile DMV Act of Andrew S. McKinley, to be Rear Admiral By Mr. DONNELLY (for himself, Mr. 2017’’; to the Committee on Homeland Secu- (Lower Half). JOHNSON, and Ms. KLOBUCHAR): rity and Governmental Affairs. * Coast Guard nomination of Capt. James S. 2224. A bill to establish best practices EC–3707. A communication from the Staff M. Kelly, to be Rear Admiral (Lower Half). for teaching financial literacy, and to estab- Director, U.S. Commission on Civil Rights, * Coast Guard nominations beginning with lish an annual estimate of student borrowing transmitting, pursuant to law, the Commis- Capt. Thomas Allan and ending with Capt. costs; to the Committee on Health, Edu- sion’s Performance and Accountability Re- Matthew W. Sibley, which nominations were cation, Labor, and Pensions. port for fiscal year 2017; to the Committee on received by the Senate and appeared in the By Mr. BURR (for himself and Mr. Homeland Security and Governmental Af- Congressional Record on October 23, 2017. TILLIS): fairs. Mr. THUNE. Mr. President, for the S. 2225. A bill to reauthorize the Blue EC–3708. A communication from the Vice Committee on Commerce, Science, and Ridge National Heritage Area; to the Com- President for Congressional and Public Af- Transportation I report favorably the mittee on Energy and Natural Resources. fairs, Millennium Challenge Corporation, By Mr. RUBIO (for himself, Mr. KEN- following nomination lists which were transmitting, pursuant to law, the Corpora- NEDY, and Mr. NELSON): tion’s Agency Financial Report for fiscal printed in the RECORDs on the dates in- S. 2226. A bill to prohibit recipients of dis- year 2017; to the Committee on Homeland Se- dicated, and ask unanimous consent, to aster recovery relief assistance from the De- curity and Governmental Affairs. save the expense of reprinting on the partment of Housing and Urban Development EC–3709. A communication from the Sec- Executive Calendar that these nomina- from penalizing applicants that declined as- retary of Labor, transmitting, pursuant to tions lie at the Secretary’s desk for the sistance from the Small Business Adminis- law, the Department of Labor’s Semiannual tration; to the Committee on Banking, Hous- Report of the Inspector General for the pe- information of Senators. The PRESIDING OFFICER. Without ing, and Urban Affairs. riod from April 1, 2017 through September 30, By Mr. PORTMAN (for himself and Ms. objection, it is so ordered. 2017; to the Committee on Homeland Secu- CANTWELL): rity and Governmental Affairs. * Coast Guard nominations beginning with S. 2227. A bill to reauthorize the Money EC–3710. A communication from the Acting George Bamford and ending with Tabitha A. Follows the Person Demonstration Program; Director, Office of Personnel Management, Schiro, which nominations were received by to the Committee on Finance. the President’s Pay Agent, transmitting, the Senate and appeared in the Congres- By Mr. LEE: pursuant to law, a report relative to the ex- sional Record on November 16, 2017. S. 2228. A bill to amend the Higher Edu- tension of locality based comparability pay- * Coast Guard nominations beginning with cation Act of 1965 to provide for accredita- ments; to the Committee on Homeland Secu- Stephen J. Adler and ending with Torrence tion reform, to require institutions of higher rity and Governmental Affairs. B. Wilson, which nominations were received education to publish information regarding EC–3711. A communication from the Sec- by the Senate and appeared in the Congres- student success, to provide for fiscal ac- retary of Education, transmitting, pursuant sional Record on November 16, 2017. countability, and to provide for school ac- to law, the Department of Education Agency * Coast Guard nominations beginning with countability for student loans; to the Com- Financial Report for fiscal year 2017; to the Lawrence F. Ahlin and ending with Russell mittee on Health, Education, Labor, and Committee on Homeland Security and Gov- R. Zuckerman, which nominations were re- Pensions. ernmental Affairs. ceived by the Senate and appeared in the EC–3712. A communication from the Acting Congressional Record on November 16, 2017. f Assistant Secretary for Congressional and * Coast Guard nomination of Meghan K. SUBMISSION OF CONCURRENT AND Intergovernmental Relations, Department of Steinhaus, to be Commander. SENATE RESOLUTIONS Housing and Urban Development, transmit- By Mr. BARRASSO for the Committee on ting, pursuant to law, the Federal Housing Environment and Public Works. The following concurrent resolutions Administration’s fiscal year 2017 Annual * R. D. James, of Missouri, to be an Assist- and Senate resolutions were read, and Management Report; to the Committee on ant Secretary of the Army. referred (or acted upon), as indicated: Homeland Security and Governmental Af- By Mr. ALEXANDER for the Committee By Mr. DURBIN (for himself, Mr. on Health, Education, Labor, and Pensions. fairs. MERKLEY, Mrs. FEINSTEIN, Mr. MAR- EC–3713. A communication from the Acting * James Blew, of California, to be Assistant KEY, and Mr. VAN HOLLEN): Assistant Secretary for Congressional and Secretary for Planning, Evaluation, and Pol- S. Res. 359. A resolution commending the Intergovernmental Relations, Department of icy Development, Department of Education. Government of Bangladesh for its compas- Housing and Urban Development, transmit- * Kate S. O’Scannlain, of Maryland, to be sion during the Rohingya humanitarian cri- ting, pursuant to law, the Department’s fis- Solicitor for the Department of Labor. sis and commending Pope Francis for his * Mitchell Zais, of South Carolina, to be cal year 2017 Annual Financial Report; to the message of peace; to the Committee on For- Deputy Secretary of Education. Committee on Homeland Security and Gov- eign Relations. * Preston Rutledge, of the District of Co- ernmental Affairs. By Mr. DURBIN (for himself, Mr. EC–3714. A communication from the lumbia, to be an Assistant Secretary of MERKLEY, Mrs. FEINSTEIN, Mr. MAR- Human Resources Specialist, Office of the Labor. KEY, and Mr. VAN HOLLEN): * William Beach, of Kansas, to be Commis- Attorney General, Department of Justice, S. Res. 360. A resolution calling for inter- sioner of Labor Statistics, Department of transmitting, pursuant to law, (20) reports national accountability for the crimes Labor, for a term of four years. relative to vacancy announcements within against humanity committed by the Bur- * Scott A. Mugno, of Pennsylvania, to be the Department; to the Committee on the mese military against the Rohingya in an Assistant Secretary of Labor. Judiciary. Burma; to the Committee on Foreign Rela- EC–3715. A communication from the Assist- * Johnny Collett, of Kentucky, to be As- tions. ant Attorney General, Office of Legislative sistant Secretary for Special Education and Affairs, Department of Justice, a report rel- Rehabilitative Services, Department of Edu- f ative to H.R. 3354, the Make America Secure cation. ADDITIONAL COSPONSORS and Prosperous Appropriations Act; to the * Nomination was reported with rec- S. 925 Committee on the Judiciary. ommendation that it be confirmed sub- f ject to the nominee’s commitment to At the request of Mrs. ERNST, the name of the Senator from New Hamp- EXECUTIVE REPORTS OF respond to requests to appear and tes- shire (Mrs. SHAHEEN) was added as a co- COMMITTEES tify before any duly constituted com- mittee of the Senate. sponsor of S. 925, a bill to amend title The following executive reports of 38, United States Code, to improve the nominations were submitted: f ability of health care professionals to By Mr. THUNE for the Committee on Com- INTRODUCTION OF BILLS AND treat veterans through the use of tele- merce, Science, and Transportation. JOINT RESOLUTIONS medicine, and for other purposes. * Barry Lee Myers, of Pennsylvania, to be S. 1055 Under Secretary of Commerce for Oceans and The following bills and joint resolu- Atmosphere. tions were introduced, read the first At the request of Mr. CARDIN, the * Coast Guard nominations beginning with and second times by unanimous con- name of the Senator from Oregon (Mr. Rear Adm. (lh) Pat DeQuattro and ending sent, and referred as indicated: MERKLEY) was added as a cosponsor of

VerDate Sep 11 2014 03:57 Dec 14, 2017 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A13DE6.013 S13DEPT1 December 13, 2017 CONGRESSIONAL RECORD — SENATE S8007 S. 1055, a bill to restrict the expor- Rights for covered harassment and cov- Whereas, on September 22, 2017, tation of certain defense articles to the ered discrimination complaints, and Bangladeshi Prime Minister Sheikh Hasina Philippine National Police, to work for other purposes. urged before the United Nations General As- sembly an end to the violence against the with the Philippines to support civil S. 2184 Rohingya and full implementation in Burma society and a public health approach to At the request of Mr. MORAN, the of the recommendations made by Kofi substance abuse, to report on Chinese name of the Senator from North Caro- Annan’s Advisory Commission on the and other sources of narcotics to the lina (Mr. BURR) was added as a cospon- Rakhine State; Republic of the Philippines, and for sor of S. 2184, a bill to amend title 38, Whereas, on November 23, 2017, the Govern- other purposes. United States Code, to improve vet- ment of Bangladesh and the Government of Burma signed a Memorandum of Under- S. 1118 erans’ health care benefits, and for stating on a repatriation agreement; At the request of Mr. CARDIN, the other purposes. Whereas the Memorandum of Under- name of the Senator from Delaware S. 2200 standing on a repatriation agreement is (Mr. COONS) was added as a cosponsor At the request of Mr. THUNE, the modeled after a flawed 1992–1993 repatriation of S. 1118, a bill to reauthorize the name of the Senator from Nebraska pact between Bangladesh and Burma, and North Korea Human Rights Act of 2004, (Mrs. FISCHER) was added as a cospon- does not resolve critical questions on the po- and for other purposes. sor of S. 2200, a bill to reauthorize the tential repatriation process for Rohingya refugees, including verification of residency, S. 1161 National Integrated Drought Informa- where refugees would be permitted to return, At the request of Ms. DUCKWORTH, tion System, and for other purposes. and whether they would enjoy equal access the name of the Senator from New S. 2219 and rights; Hampshire (Ms. HASSAN) was added as At the request of Mrs. GILLIBRAND, Whereas, on November 25, 2017, the a cosponsor of S. 1161, a bill to amend the name of the Senator from New Jer- Bangladeshi Foreign Minister Abdul Hassan Mahmood Ali said that Bangladesh would sey (Mr. BOOKER) was added as a co- title 38, United States Code, to elimi- support the United Nations High Commis- nate copayments by the Department of sponsor of S. 2219, a bill to reduce the sioner for Refugees being involved in any Veterans Affairs for medicines relating number of preventable deaths and inju- process to repatriate Rohingya refugees to to preventative health services, and for ries caused by underride crashes, to im- Burma; other purposes. prove motor carrier and passenger Whereas Pope Francis, who has been recog- nized for his humility, dedication to the S. 1835 motor vehicle safety, and for other pur- poses. poor, and commitment to dialogue and rec- At the request of Ms. COLLINS, the onciliation, has previously denounced the S. RES. 139 name of the Senator from Alaska (Ms. ‘‘persecution of our Rohingya brothers’’ who MURKOWSKI) was added as a cosponsor At the request of Mr. WYDEN, the were being ‘‘tortured and killed, simply be- of S. 1835, a bill to provide support to name of the Senator from Georgia (Mr. cause they uphold their Muslim faith’’; States to establish invisible high-risk PERDUE) was added as a cosponsor of S. Whereas Pope Francis traveled to Burma pool or reinsurance programs. Res. 139, a resolution condemning the on November 27, 2017, and urged ‘‘a peace based on respect for the dignity and rights of S. 2038 Government of Iran’s state-sponsored persecution of its Baha’i minority and each member of society, respect for each eth- At the request of Mr. MORAN, the its continued violation of the Inter- nic group and its identity’’; name of the Senator from Massachu- Whereas Pope Francis, in a visit to Ban- national Covenants on Human Rights. setts (Ms. WARREN) was added as a co- gladesh on November 30, 2017, recognized the sponsor of S. 2038, a bill to amend title f generosity of Bangladeshis in caring for 38, United States Code, to provide for a SUBMITTED RESOLUTIONS Rohingya refugees and called on the inter- national community to ‘‘take decisive meas- presumption of herbicide exposure for ures to address this grave crisis, not only by certain veterans who served in Korea, working to resolve the political issues that and for other purposes. SENATE RESOLUTION 359—COM- have led to the mass displacement of people, S. 2076 MENDING THE GOVERNMENT OF but also by offering immediate material as- BANGLADESH FOR ITS COMPAS- At the request of Ms. CORTEZ MASTO, sistance to Bangladesh in its effort to re- the name of the Senator from Michigan SION DURING THE ROHINGYA spond effectively to urgent human needs’’; HUMANITARIAN CRISIS AND and (Ms. STABENOW) was added as a cospon- Whereas the United Nations has estimated sor of S. 2076, a bill to amend the Pub- COMMENDING POPE FRANCIS FOR HIS MESSAGE OF PEACE a need of $434,000,000 to respond to the lic Health Service Act to authorize the Rohingya refugee crisis: Now, therefore be it expansion of activities related to Alz- Mr. DURBIN (for himself, Mr. Resolved, That the Senate— heimer’s disease, cognitive decline, and MERKLEY, Mrs. FEINSTEIN, Mr. MARKEY, (1) commends the Government of Ban- brain health under the Alzheimer’s Dis- and Mr. VAN HOLLEN) submitted the gladesh for its admirable compassion and ease and Healthy Aging Program, and following resolution; which was re- tolerance in accepting Rohingya refugees; ferred to the Committee on Foreign (2) commends the United Nations agencies, for other purposes. nongovernmental organization (NGO) part- S. 2152 Relations: ners, and all aid workers providing relief to At the request of Mr. HATCH, the S. RES. 359 Rohingya refugees in Bangladesh, and urges name of the Senator from Massachu- Whereas Bangladesh has taken in the Government of Bangladesh to continue setts (Ms. WARREN) was added as a co- Rohingya refugees fleeing persecution in to help coordinate critical humanitarian sponsor of S. 2152, a bill to amend title Burma since the 1970s; work and ensure ease of access for those car- Whereas at least 300,000 Rohingya refugees rying out such efforts; 18, United States Code, to provide for were still in Bangladesh prior to August 25, (3) urges the Government of Bangladesh assistance for victims of child pornog- 2017; and the Government of Burma to consult and raphy, and for other purposes. Whereas an August 25, 2017, attack on secu- coordinate with the United Nations High S. 2159 rity posts in Burma by the military group Commissioner for Refugees, the Inter- At the request of Mrs. GILLIBRAND, Arakan Rohingya Salvation Army resulted national Organization for Migration, and the names of the Senator from Ohio in a brutal and methodical reprisal by the NGO partners on any and all safe and vol- Burmese military on Rohingya villages; untary repatriation efforts; (Mr. BROWN) and the Senator from Or- Whereas more than 624,000 Rohingya refu- (4) urges the Government of Bangladesh egon (Mr. MERKLEY) were added as co- gees have fled to Bangladesh since August 25, and the Government of Burma to address the sponsors of S. 2159, a bill to require 2017, alone, most located in or near the flaws of the November 23, 2017, Memorandum covered harassment and covered dis- coastal city of Cox’s Bazar; of Understanding on repatriation through crimination awareness and prevention Whereas the Rohingya refugee crisis is the consultation and agreement with the United training for Members, officers, employ- fast-growing refugee crisis in the world; Nations High Commissioner for Refugees; ees, interns, fellows, and detailees of Whereas the Government of Bangladesh (5) urges all parties involved in the repatri- Congress within 30 days of employment has accepted nearly 1,000,000 Rohingya refu- ation process to reject any actions which gees in total despite facing their own domes- could continue or worsen the harsh condi- and annually thereafter, to require a tic challenges; tions faced by Rohingya refugees, including biennial climate survey of Congress, to Whereas the Government of Bangladesh the confinement of the Rohingya in camps, amend the enforcement process under has notably allowed full access for inter- contained ghettos, or villages were move- the Office of Congressional Workplace national relief organizations; ment is restricted in Burma, or on the flood-

VerDate Sep 11 2014 02:32 Dec 14, 2017 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A13DE6.016 S13DEPT1 S8008 CONGRESSIONAL RECORD — SENATE December 13, 2017 prone Bhashan Char island in the Bay of Whereas a Human Rights Watch report en- (1) recognizes the adoption of the resolu- Bengal in Bangladesh, or any other location titled, ‘‘ ‘All of My Body Was Pain’: Sexual tion (A/HRC/RES/S-27/1) on the situation of that would result in further isolation; and Violence Against Rohingya Women and Girls human rights of Rohingya Muslims and (6) commends Pope Francis for his in Burma,’’ documented the Burmese mili- other minorities in Burma by the United na- thoughtful remarks about the future of tary’s widespread acts of sexual violence tions Human Rights Council on December 5, Burma that respects rule of law, the demo- against women and girls since August 25, 2017; cratic order, and the dignity and rights of all 2017; (2) condemns the Burmese military for its of its people. Whereas Article 7 of the Rome Statute of atrocities against the Rohingya, which con- f the International Criminal Court includes stitute ethnic cleansing and crimes against murder, forced deportation, rape, and perse- humanity; SENATE RESOLUTION 360—CALL- cution among its definition of ‘‘crimes (3) reaffirms the longstanding inter- ING FOR INTERNATIONAL AC- against humanity’’; national prohibitions and norms against the COUNTABILITY FOR THE CRIMES Whereas, on September 11, 2017, in his use of ethnic cleansing and crimes against AGAINST HUMANITY COMMITTED opening statement for the United Nations humanity in any circumstance and calls on BY THE BURMESE MILITARY Human Rights Council’s 36th session, United the United Nations to pass resolutions con- AGAINST THE ROHINGYA IN Nations High Commissioner for Human demning the human rights violations by Bur- BURMA Rights Zeid Ra’ad al Hussein reiterated his mese security forces against the Rohingya; concern about the pattern of gross violation (4) urges the Government of Burma to Mr. DURBIN (for himself, Mr. of human rights of the Rohingya in Burma, allow for full, unhindered humanitarian ac- MERKLEY, Mrs. FEINSTEIN, Mr. MARKEY, calling the persecution a ‘‘textbook case of cess to the affected areas, and to allow the and Mr. VAN HOLLEN) submitted the ethnic cleansing’’; United Nations Fact-Finding Mission to following resolution; which was re- Whereas, on October 23, 2017, the Depart- Myanmar to examine the human rights vio- ferred to the Committee on Foreign ment of State suspended travel waivers for lations by military and security forces in Relations: Burmese military leaders, found that all Burma and others abuses, with a particular Burmese military units and officers involved focus on the situation in Rakhine State; S. RES. 360 in operations in northern Rakhine State are (5) urges State Counsellor Aung San Suu Whereas actions by the military of Burma, ineligible for United States assistance pro- Kyi to fully implement the Final Report of known as the Tatmadaw, including con- grams, rescinded invitations for Burmese se- the Advisory Commission on Rakhine State; tinuing assaults on personnel and territory curity leaders to travel to United States- (6) urges the Government of Burma to take controlled by armed ethnic organizations, sponsored programs, and pressed for access immediate steps to close internally displaced military offensives immediately preceding for the United Nations Fact-Finding Mission persons (IDP) camps and the Rohingya ghet- and following national peace conferences, on Myanmar to hold responsible those who to at Aung Mingalar in Sittwe while respect- and human rights abuses against noncombat- have committed violence against the ing the rights and dignity of populations cur- ant civilians in conflict areas, undermine the Rohingya; rently residing in these camps, and to fur- confidence in establishing a credible nation- Whereas, on November 3, 2017, the inter- ther lift restrictions on freedom of move- wide ceasefire agreement to end Burma’s national human rights organization Human ment of Rohingya living in villages through- civil war; Rights Watch called for the United Nations out northern Rakhine State; Whereas Burmese military officials have a Security Council to refer Burma to the (7) calls on the Secretary of State and the long-standing history of targeting ethnic International Criminal Court in light of Bur- Secretary of the Treasury to impose targeted groups and armed ethnic organizations in ma’s failure to investigate mass atrocities sanctions and travel restrictions against sen- Burma, in addition to the Rohingya, and against the Rohingya; ior leaders of the Burmese military impli- whereas there are ongoing conflicts cur- Whereas, on November 6, 2017, the United cated in atrocities, including its multiple rently in the Shan, Kachin, and Rakhine Nations Security Council issued Presidential holding companies and banks; states; Statement SC/13055 calling on Burma to ‘‘end (8) urges the international community to Whereas August 25, 2017, attacks on secu- the excessive military force and intercom- assist with the economic development of the rity posts in Burma by the military group munal violence that had devastated the Rakhine State, one of the poorest states in Arakan Rohingya Salvation Army resulted Rohingya community in Rakhine State’’ in Burma, in which poverty exacerbates ten- in a brutal, systematic, and disproportionate Burma; sions between ethnic groups; reprisal by the Burmese military and secu- rity forces on Rohingya villages; Whereas, on November 16, 2017, the United (9) urges the Government of Burma to con- Whereas more than 624,000 Rohingya refu- Nations General Assembly Third Committee duct a comprehensive and transparent inves- gees have fled to Bangladesh since the Bur- approved draft resolution A/C.3/72/L.48 call- tigation—with the support of a credible mese military commenced its scorched-earth ing for an end to the abuse of human rights international third party—to examine abuses campaign, with the burning of villages and against the Rohingya by Burmese authori- against the Rohingya and hold perpetrators local monuments, and reports of widespread ties, accountability for the perpetrators, and accountable; rape, starvation, killing, and forcible depor- unrestricted access for United Nations inves- (10) urges the United Nations to establish tation; tigators in Burma; an independent mechanism to assist indi- Whereas Burmese military officials have Whereas, on November 22, 2017, Secretary vidual criminal investigations of those re- promulgated fabrications about the of State Rex Tillerson declared that the Bur- sponsible for atrocity crimes against the Rohingya to sow negative public perception mese military’s crackdown ‘‘constitutes eth- Rohingya and refer those responsible to the of the minority ethnic group, including that nic cleansing against the Rohingyas’’; International Criminal Court; they are not Burmese, that they are uni- Whereas, on November 28, 2017, the United (11) calls on the United Nations Security formly implicated in terrorist activities and Nations Committee on the Elimination of Council to impose a comprehensive arms em- controlled by international terrorist groups Discrimination against Women called on bargo against Burma; and with the intention of creating an Islamic Burma to report within six months on rapes (12) calls upon the nations of the world to State, that they attacked their own people and sexual violence against Rohingya women revoke travel visas for Burmese Commander- and burned down their own villages in order and girls by its security forces in northern in-Chief Senior General Min Aung Hlaing to gain international sympathy, and that Rakhine State and further to take measures and all other members of the Burmese mili- they are fleeing to Bangladesh for economic to punish soldiers responsible for these acts; tary responsible for the ethnic cleansing reasons or to create the appearance of ethnic Whereas the United Nations Human Rights campaign and crimes against humanity cleansing; Council held a Special Session on December against the Rohingya. Whereas the Government of Burma has 5, 2017, where it adopted a resolution strong- consistently denied access to the United Na- ly condemning the alleged systematic and f tions Fact-Finding Mission on Myanmar es- gross violations of human rights and abuses tablished to investigate human rights viola- committed against the Rohingya in Burma AUTHORITY FOR COMMITTEES TO and requested the High Commissioner for tions around the country; MEET Whereas the Commander in Chief of the Human Rights to continue to track the Burmese military, Senior General Min Aung progress concerning the human rights situa- Mr. BLUNT. Mr. President, I have 12 Hlaing, has made statements communicating tion of Rohingya people; and request for committees to meet during his antipathy for the Rohingya people, in- Whereas the United Nations High Commis- today’s session of the Senate. They cluding on March 27, 2017, where he report- sioner for Human Rights Zeid Ra’ad al Hus- have the approval of the Majority and edly said that ‘‘[t]he Bengalis in Rakhine sein recommended on December 5, 2017, the establishment of ‘‘a new impartial and inde- Minority leaders. state are not Myanmar citizens and they are Pursuant to rule XXVI, paragraph just people who come and stay in the coun- pendent mechanism, complementary to the try,’’ and on September 2, 2017, where he re- work of the Fact-Finding Mission, to assist 5(a), of the Standing Rules of the Sen- portedly said that the ongoing military oper- individual criminal investigations of those ate, the following committees are au- ations against the Rohingya were aimed at responsible’’: Now, therefore, be it thorized to meet during today’s session ‘‘unfinished business’’ from World War II; Resolved, That the Senate— of the Senate:

VerDate Sep 11 2014 02:32 Dec 14, 2017 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A13DE6.017 S13DEPT1 December 13, 2017 CONGRESSIONAL RECORD — SENATE S8009 COMMITTEE ON AGRICULTURE, NUTRITION, AND to be Commissioner of Labor Statis- ORDERS FOR THURSDAY, FORESTRY tics, Kate S. O’Scannlain, of Maryland, DECEMBER 14, 2017 The Committee on Agriculture, Nu- to be Solicitor, and Scott A. Mugno, of Mr. MCCONNELL. Mr. President, I trition, and Forestry is authorized to Pennsylvania, and Preston Rutledge, of ask unanimous consent that when the meet during the session of the Senate the District of Columbia, both to be an Senate completes its business today, it on Wednesday, December 13, 2017, at Assistant Secretary, all of the Depart- adjourn until 10 a.m., Thursday, De- 9:30 a.m. in room SR–328A to conduct a ment of Labor, and other pending cember 14; further, that following the hearing. nominations. prayer and pledge, the morning hour be COMMITTEE ON COMMERCE, SCIENCE, AND COMMITTEE ON THE JUDICIARY deemed expired, the Journal of pro- TRANSPORTATION The Committee on the Judiciary is ceedings be approved to date, the time The Committee on Commerce, authorized to meet during the session for the two leaders be reserved for their Science, and Transportation is author- of the Senate on Wednesday, December use later in the day, and morning busi- ized to meet during the session of the 13, 2017, at 10 a.m. in room SD–226 to ness be closed; further, that following Senate on Wednesday, December 13, conduct a hearing on the following con- leader remarks, the Senate proceed to 2017, at 10 a.m. in room SH–216 to con- firmation: Elizabeth L. Branch, of executive session and resume consider- duct a hearing. Georgia, to be United States Circuit ation of the Ho nomination; finally, COMMITTEE ON ENVIRONMENT AND PUBLIC Judge for the Eleventh Circuit, R. Stan that all time during recess, adjourn- WORKS Baker, to be United States District ment, morning business, and leader re- The Committee on Environment and Judge for the Southern District of marks count postcloture on the Ho Public Works is authorized to meet Georgia, Charles Barnes Goodwin, to be nomination. during the session of the Senate on United States District Judge for the The PRESIDING OFFICER. Without Wednesday, December 13, 2017, at 9:50 Western District of Oklahoma, Mat- objection, it is so ordered. a.m. in room SD–406 to consider the thew J. Kacsmaryk, to be United f nomination R. D. James, of Missouri, States District Judge for the Northern to be an Assistant Secretary of the District of Texas, Matthew Spencer Pe- ORDER FOR ADJOURNMENT Army for Civil Works, Department of tersen, of Virginia, to be United States Mr. MCCONNELL. Mr. President, if Defense. District Judge for the District of Co- there is no further business to come be- COMMITTEE ON ENVIRONMENT AND PUBLIC lumbia, and Eli Jeremy Richardson, to fore the Senate, I ask unanimous con- WORKS be United States District Judge for the sent that it stand adjourned under the The Committee on Environment and Middle District of Tennessee. previous order, following the remarks Public Works is authorized to meet SUBCOMMITTEE ON EMERGING THREATS AND of our Democratic colleagues. during the session of the Senate on CAPABILITIES The PRESIDING OFFICER. Without Wednesday, December 13, 2017, at 10 The Subcommittee on Emerging objection, it is so ordered. a.m. in room SD–406 to conduct a hear- Threats and Capabilities of the Com- The Senator from Florida. ing entitled ‘‘Oversight of the Nuclear mittee on Armed Service is authorized f Regulatory Commission’’. to meet during the session of the Sen- COMMITTEE ON FOREIGN RELATIONS ate on Wednesday, December 13, 2017, DACA The Committee on Foreign Relations at 10 a.m. to conduct a closed hearing. Mr. NELSON. Mr. President, Senator is authorized to meet during the ses- SUBCOMMITTEE ON PERSONNEL DURBIN has been leading a group of us sion of the Senate on Wednesday, De- The Subcommittee on Personnel of talking about DACA, or the Dreamers. cember 13, 2017, at 9:30 a.m. to conduct the Committee on Armed Services is I wish to tell the Senate two stories. a hearing entitled ‘‘Using Force: Stra- authorized to meet during the session I wish to tell you about Elisha tegic, Political, and Legal Consider- of the Senate on Wednesday, December Dawkins. He was a baby who was ations’’. 13, 2017, at 10 a.m. in room SR–253 to brought from the Bahamas at age 6 COMMITTEE ON FOREIGN RELATIONS conduct a hearing research, diagnosis, months. He grew up in America. He The Committee on Foreign Relations and treatment for traumatic brain in- grew up in Jacksonville, FL. He never is authorized to meet during the ses- jury/concussion in servicemembers. knew anything about his roots. He only sion of the Senate on Wednesday, De- SUBCOMMITTEE ON ANTITRUST, COMPETITION knew that he was in America. cember 13, 2017, at 2:30 a.m. to conduct POLICY AND CONSUMER RIGHTS He served two tours in Iraq. He came a hearing entitled ‘‘Treaties’’. The Subcommittee on Antitrust, back and joined the Navy Reserve. He COMMITTEE ON HEALTH, EDUCATION, LABOR, Competition Policy and Consumer had a top secret clearance and was sent AND PENSIONS Rights of the Committee on the Judici- to the very sensitive post of Guanta- The Committee on Health, Edu- ary is authorized to meet during the namo, where he was given a job as a cation, Labor, and Pensions is author- session of the Senate on Wednesday, photographer—obviously, a very sen- ized to meet during the session of the December 13, 2017, at 2 p.m. in room sitive position. Senate on Wednesday, December 13, SD–226 to conduct a hearing entitled Through an application for a pass- 2017, at 10 a.m. in room SD–430 to con- ‘‘The Consumer Welfare Standard in port and checking on the background duct a hearing entitled ‘‘Implementa- Antitrust: Outdated or a Harbor in Sea of the passport, it came to be learned tion of the 21st Century Cures Act: Re- of Doubt?’’. that he had come to America as an in- sponding to Mental Health Needs’’. fant, and for what reason—for the life COMMITTEE ON HEALTH, EDUCATION, LABOR, f of me, it has not been explained—he AND PENSIONS was arrested and thrown in jail by a The Committee on Health, Edu- U.S. attorney. Once this case came to cation, Labor, and Pensions is author- PRIVILEGES OF THE FLOOR the light of day and some of us started ized to meet during the session of the Mr. LEAHY. Mr. President, I ask speaking out about it, a Federal dis- Senate on Wednesday, December 13, unanimous consent that Nima Binara, trict judge took it in her hands to lec- 2017, in room S–216 to conduct a hear- a detailee on my Judiciary Committee ture the U.S. attorney, and only be- ing on the following nominations: staff, be granted floor privileges for the cause of that, Elisha Dawkins was re- Johnny Collett, of Kentucky, to be As- remainder of the 115th Congress. leased from jail. sistant Secretary for Special Education The PRESIDING OFFICER. Without As a result, we then started getting and Rehabilitative Services, Mitchell objection, it is so ordered. into it, and Elisha Dawkins was finally Zais, of South Carolina, to be Deputy Mr. MERKLEY. Mr. President, I ask given his citizenship, and he is now Secretary, and James Blew, of Cali- unanimous consent that my intern, serving in his native Jacksonville. He fornia, to be Assistant Secretary for Alisha Bi, be granted floor privileges is a nurse. Planning, Evaluation, and Policy De- for the remainder of the day. Here is an individual who had served velopment, all of the Department of The PRESIDING OFFICER. Without two tours in Iraq and was in a top se- Education, William Beach, of Kansas, objection, it is so ordered. cret clearance in the service to the

VerDate Sep 11 2014 02:32 Dec 14, 2017 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A13DE6.019 S13DEPT1 S8010 CONGRESSIONAL RECORD — SENATE December 13, 2017 Navy Reserve in Guantanamo. This families are scared. Everything they We also must do right by the 11 mil- just shouldn’t happen. Individuals in have worked for is at risk. lion immigrants in our Nation who are good faith have gone about carrying Dreamers represent some of our very working, raising families, contributing on—some not even knowing; and Elisha best and brightest. They are going to to our economy, and helping in our certainly didn’t know of his undocu- school, holding down jobs, volunteering communities. Congress must stop kick- mented status—but now we have many in our communities. They want to be ing the can down the road. We must do others. These individuals, in good doctors, lawyers, engineers. They want our job. We must debate and pass com- faith, have divulged personal informa- to start businesses. prehensive immigration reform. Law- tion to the Department of Homeland They came here as children, and they abiding immigrants who are contrib- Security, which could eventually de- are American through and through. uting to our Nation should be given a port them, and that is why it is critical They love our country as much as any pathway to citizenship. that we pass the Dream Act as soon as of us, and they want to stay and con- I yield the floor. possible. tribute. I suggest the absence of a quorum. I have heard from DACA recipients We have almost 7,000 Dreamers in my The PRESIDING OFFICER. The from all around the country, but espe- home State of New Mexico. Carlos is clerk will call the roll. cially I have heard from a lot of the one of them. Carlos was brought to The assistant bill clerk proceeded to call the roll. 30,000 who are in the State of Florida. New Mexico from Mexico when he was Mr. DURBIN. Mr. President, I ask I have heard from DACA recipients who less than 1 year old. New Mexico is the unanimous consent that the order for are valedictorians, medical students, only home Carlos has ever known. Because of Carlos’s immigration sta- the quorum call be rescinded. even priests. Many are the primary The PRESIDING OFFICER. Without tus, his opportunities were limited. He breadwinners for their families. objection, it is so ordered. Senator DURBIN has already high- couldn’t play sports in school, and he Mr. DURBIN. Mr. President, on Sep- lighted some of my constituents over couldn’t go on field trips, even though tember 5 of this year, Attorney General the years, including Cristina he pledged allegiance to the United Jeff Sessions announced the repeal of Velasquez, a graduate of Miami Dade States, just like his classmates. the Deferred Action for Childhood Ar- community college who will soon grad- Carlos registered with DACA 2 years rivals Program, known as DACA. That uate from Georgetown University and ago, and in his words, he was given same day, President Trump called on fulfill her dream of becoming a teacher ‘‘wings.’’ He is now a full-time student Congress to come up with a solution to for Teach For America. at New Mexico State University, study- legalize DACA. Cristina came to America at age 6 ing to be a mechanical engineer. He He challenged us; he said to the Sen- from Venezuela, a country whose prob- volunteers as a firefighter. He works as ate, and he said to the House: I am lems Senator DURBIN and I, but also a server at a local restaurant, and he going to eliminate this Executive order the Presiding Officer today, have con- began a drive to help Hurricane Harvey of President Obama. Now it is your sistently been concerned about—the victims. turn. Pass a law if you want to protect plight of Venezuela. Carlos says: ‘‘We, as Dreamers, have 780,000 young people who had signed up If we fail to pass the Dream Act, are proven ourselves to be worthy of being under DACA. we saying that we are going to send here in the United States.’’ DACA was the direct result of the Cristina back to the Maduro dictator- Carlos’s story can be told hundreds of DREAM Act, which I introduced 16 ship in Venezuela, a dictatorship that thousands of times over. Congress must years ago, to try to protect young peo- can’t even provide the basic staples for act, and we must act now. We owe it to ple who came to the United States, its citizens? Are we going to allow this these young people. We must give Car- brought here by their parents at an young lady—who grew up thinking she los and all other Dreamers their wings. early age, who grew up here and don’t was an American, now graduating from Passing the Dream Act is the mor- have a future. They don’t have a home. Georgetown—to channel her skills and ally right thing to do, but it is also the They don’t have a legal status. They her passion toward bettering our com- economically smart thing to do. don’t have a country to call their own. munities in need as a teacher? It Dreamers’ contributions to the U.S. It strikes me that these young people doesn’t make any sense to deport these economy are astounding. Their jobs themselves did nothing wrong. I can kids. span the spectrum. They work in even argue that their parents did what The contributions that Dreamers health, education, nonprofits, whole- every parent would do—the best thing have made are countless, and Cristina sale, retail, business, and hold profes- they could for their kids. But in this and Elisha are just two examples. sional jobs. Most of the top 25 Fortune situation, trying to focus on what their These Dreamers will continue to better 500 companies employ Dreamers, and future will be, their future is clearly in our communities if only we will pass that is why more than 400 CEOs of doubt, and right now many of them are the legislation that Senator DURBIN is major U.S. companies have urged Con- worried about what is going to happen sponsoring and many of us are cospon- gress to pass the Dream Act. next. soring. If Congress fails to act, it will cost us You see, without the protection of Rhetorically—this was going to be a 700,000 jobs—as many as 30,000 jobs a DACA, they can be deported. They are time of question and answers, but Sen- month—causing chaos for employers, undocumented. They can’t legally ator DURBIN allowed me to kick off this and we could see a $460 billion decrease work in the United States, and many of session, and I see that we have many in economic output over a decade. So- them have wondered whether they other Senators to speak. cial Security and Medicare contribu- should continue school or what they I yield the floor. tions could drop by $39.3 billion over will do when they can’t go to work. The PRESIDING OFFICER. The Sen- the same period. These are real-life challenges, and ator from New Mexico. In my State, New Mexico would lose many times they break down emotion- Mr. UDALL. Thank you, Mr. Presi- nearly 6,000 DACA workers and take a ally as they talk about the uncertainty dent, for the recognition. $385 million hit. We simply cannot af- of their future. Mr. President, the President of the ford it. Just outside this Capitol is a beau- United States terminated the Deferred We have a bipartisan Dream Act be- tiful Mall, and smack dab in the middle Action for Childhood Arrivals Pro- fore us. Senator DURBIN is working of it are two white tents. They are gram, otherwise known as DACA, 3 with our Republican colleagues, Repub- tents that have been built by these months ago. He gave Congress 6 lican friends, to get us over the finish young Dreamers in an effort to process months to act. We are no closer today line. Let’s do the right thing by these hundreds of people, just like them- to helping our Dreamers than the day young people, and let’s do it now so selves, who are coming to Washington the President so callously canceled the Carlos can become an engineer and so to tell their stories to Senators and program. hundreds of thousands of Dreamers can Congressmen in the hopes that we will We have almost 800,000 young people stop living in fear and move forward do something. whose lives, dreams, and futures hang with their lives. It is our moral obliga- There are some in the Senate who in the balance. They are scared. Their tion to do this. don’t want to help them at all. They

VerDate Sep 11 2014 02:32 Dec 14, 2017 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.047 S13DEPT1 December 13, 2017 CONGRESSIONAL RECORD — SENATE S8011 don’t believe they should receive any America. I started coming to the floor er. Her involvement with the College is fan- help in any way whatsoever. There are when they sent me their color photos tastic—she has been an ambassador. others who say: Let’s put it off. Let’s and telling their stories because there In May 2017, Carla graduated from do it sometime, maybe next year. Next is no speech I could give that matches the University of Texas at San Antonio year is coming soon, and under the the stories of their lives. Each time I with a civil engineering degree and two President’s decision, on March 5 of tell a story, I know it makes a dif- job offers. Today she works full-time at 2018—just a few weeks from now—there ference. I know the people who are M&S Engineering as a water/waste- will be no DACA protection whatso- watching this on C–SPAN and those water engineer. ever. who are in the Galleries here in the Her dreams for the future are to go It means that today, 122 a day of Senate pay close attention because we back to school and get a master’s in these DACA-protected young people are talking about real lives and real business and engineering and to give will fall out of protected status. March people. back by creating a scholarship program 5 of next year, the number goes to 1,000 Tonight I want to tell you about to help fund other engineering stu- a day—1,000 a day—who will be subject Carla Martinez. Carla Martinez was dents. to deportation, uncertain about what brought to the United States from Carla wrote me a letter about her their future might be. Mexico at the age of 8. She grew up in worries because of President Trump’s I think it is time for us to do some- the Austin and Pflugerville area of decision to take away her protection thing, and I hope that we can do it on Texas, and she was an excellent stu- from being deported from the United a bipartisan basis and do it in a timely dent. In middle school and high school, States. Here is what she said: ‘‘Every fashion. It is important that we fix our she enrolled in advanced placement day that passes, it’s a day closer to not entire immigration system, but let’s and community college courses, and being able to work, not having a driv- not try to do everything that needs to she was recognized as an AP scholar er’s license, and not being able to fi- be done on immigration when we student. In high school, she partici- nancially provide for my family as the should be taking care of these young pated in the band, and she worked and head of the household.’’ people as our highest and first priority. volunteered in her community. During People like Carla are the reason I am ready to sign up for immigra- her senior year, Carla would go to more than 400 business leaders signed a tion reform. I was there before. It was school from 9 a.m. until 2:30 in the letter to all Members of Congress urg- called the Gang of 8—four Democrats afternoon, then she would work from 3 ing us to do something and pass a bi- and four Republicans. A few years ago, in the afternoon until 11 at night and partisan Dream Act. The letter says: we came up with a comprehensive bill only then start her homework. Dreamers are vital to the future of our to pass the Senate. The Republicans in In August 2012, Carla began her stud- companies and our economy. With them, we the House refused to even call for a ies at the University of Texas, San An- grow and create jobs. They are part of why hearing, let alone a vote on the floor. tonio, obtaining a bachelor’s degree in we continue to have a global competitive ad- We should do our part to pass the civil engineering. A student like Carla, vantage. new DACA, the new Dream Act. Do it who is undocumented, did not qualify That gathering of Dreamers out on before we leave this year. Do it this for Federal Government assistance. It the Mall, just away from the Capitol year so that we can spare these young meant there was no Pell grant to help dome here, are a lot of young people people the anxiety and stress and fear her pay for college or a Federal loan to just like Carla. They are coming here they have because of the current situa- help her pay for college. She had to in the hopes that Members of Congress tion and so that we can meet President work to earn the money to pay her way will slow down in the hallways on the Trump’s challenge. through school. Something which way to their office or to a committee I didn’t like the fact that he elimi- many people would shrink away from, hearing and just hear for a moment nated DACA, but it is fair for him to she accepted the reality of being un- their stories—stories just like Carla’s— say to us: You have 6 months, Con- documented in America. Because she stories that really beg us to do some- gress. Now do something. was ineligible for financial aid, she thing. We know we have to, we know I am not in control here. I am in the worked to support herself, and she we should, and there is absolutely no minority, being a Democrat. It is up to often had to choose between food and reason to delay it. Republican leaders here. buying books. Why would we want this amazing All I hear from Republican leaders is: During college, Carla was also an of- young woman, who has done so many Let’s wait until next year and see if we ficer in a number of organizations, in- extraordinary things in her life, to live have time to get around to this. We cluding the Society of Women Engi- with this uncertainty 1 minute more have the time, all the time we need neers. She was a College of Engineering than she has to? Why wouldn’t we step now, to do this. Ambassador, which means she had to up and do what we are supposed to do? I want to thank a number of people. maintain a very high GPA at the Uni- I am working on this with colleagues. First, I want to thank the 34 Repub- versity of Texas. During her summers, A number of Republican Senators have lican House Members who, last week, Carla interned at Alpha Testing and been sitting down in my office, even sent a letter to the Speaker of the the San Antonio Water System while today, trying to work out the details House, PAUL RYAN, saying that we she also worked as an engineering on a compromise. We are not quite should fix the DACA system before we camp counselor. there, but there was a determination in leave this year. Thank you to those 34 In August of 2016, Carla was the first our meeting today to get there, to put Republicans. DACA recipient to study abroad with something together. In this Chamber, I want to thank 6 or the University of Texas at San Anto- I would like to do this before we 10 Republican Senators who have ei- nio’s Education Abroad Program. She leave for the holidays. I think it is only ther cosponsored the Dream Act or are studied in as part of the first group of right that we try our very best to now actively engaged in helping to re- students to participate in the Urbino, achieve that, and I think we can. I write its replacement in the Senate. I Italy, civil engineering program. think if Members of both sides show am sure this kind of bipartisanship is a Because she couldn’t get financial good faith, we can reach that goal. surprise to those who follow Congress, aid, studying abroad was more difficult I want to especially thank LINDSEY but it is an indication that many peo- for her than the other students who GRAHAM, my cosponsor of the Dream ple share my belief that it is a simple were part of the program. Not only did Act, and JEFF FLAKE of Arizona, an- matter of justice to give these young she need the money to go to college, other cosponsor, who have stepped up people their chance to become part of she needed to raise the money to pay and really just shown extraordinary America’s future. for the study abroad. She never gave commitment to this cause. We also I started a few years ago, when the up. have LISA MURKOWSKI and CORY GARD- Dreamers worked up the courage to de- One of her professors said: NER as well who are cosponsors of the clare publicly that they were undocu- Carla is a very dedicated student. She has same legislation, and there are other mented—frightening their parents but excellent organizational skills and works Senators who are working with us be- giving them some unity and identity in well with her classmates. She is a team play- hind the scenes to get this done. Some

VerDate Sep 11 2014 02:32 Dec 14, 2017 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.049 S13DEPT1 S8012 CONGRESSIONAL RECORD — SENATE December 13, 2017 of them I know are taking a political excel in all of her academic subjects. tors, teachers, students, and, yes, even risk to do it, but they believe it is the Then, when she was in the third grade, servicemembers in our military. This right thing to do, and they want to be she was diagnosed with a learning dis- decision will also tear families and on the record to be part of the solution. ability, which might have caused her communities apart. I am looking forward to working with to become frustrated and to see a de- I implore my colleagues in the Sen- them. cline in her grades. However, in her ate to recognize the contributions of In a few weeks—maybe only 10 days own words, she said: our DACA recipients throughout the now—Congress is going to adjourn to I didn’t let that get in the way and I did country. I urge my colleagues to not go home for the holidays, but Dreamers not let bad influences in my neighborhood shortchange the thousands of Dreamers can’t go home for the holidays because get to me. There, in the back of my head, who learn and work alongside our fami- they really don’t have a home. They there was always a little voice saying, ‘‘Edu- lies and friends. We must do everything cation is the way to a better life.’’ are homeless in America because they we can to make sure the Dream Act is are waiting on us to come up with the Christian pushed through and fin- addressed before the holidays. ished middle school and high school as legislation that defines their status I will not turn my back on Dreamers an honor student and, despite her con- and gives them a future. Hundreds of like Christian, and I will fight to pro- stant hard work and proven academic thousands of Dreamers can’t enjoy the tect DACA recipients as we work to record, she faced an unexpected obsta- holidays the way many of us can be- make the Dream Act the law of the cle—adults in her life who doubted her cause of their concern about being de- land. ability to attain a college education. ported from the United States of Amer- Thank you. ica, separated from parents, brothers As she tells it, many adults in her life I yield the floor. and sisters, friends, family, and loved simply assumed that an undocumented ones. student like Christian could not obtain Mr. DURBIN. Mr. President, I sug- When we introduced the Dream Act, a college education. While these doubts gest the absence of a quorum. Senator LINDSEY GRAHAM, a Repub- broke her heart, she was not deterred. The PRESIDING OFFICER. The lican from South Carolina, said: ‘‘The Christian’s hard work, grit, and aca- clerk will call the roll. moment of reckoning is coming.’’ Well, demic merit all earned her admission The bill clerk proceeded to call the that moment is here. Congress has the to Northern Illinois University where roll. responsibility to do our job to make she received a private scholarship. She Ms. KLOBUCHAR. Mr. President, I the Dream Act the law of the land be- also worked multiple retail jobs selling ask unanimous consent that the order fore the end of this year or bear the re- flowers, shoes, and clothing to fund her for the quorum call be rescinded. sponsibility for forcing hundreds of education. Although her future was un- The PRESIDING OFFICER (Mr. thousands of talented young immi- certain, Christian never let up on her TILLIS). Without objection, it is so or- grants out of the workforce and put- academics or her many work respon- dered. sibilities to put herself through school. ting them at risk of immediate depor- Ms. KLOBUCHAR. Mr. President, I Finally, in the last few years of her tation. rise to join my colleagues in expressing college education, she received some The question we face is very basic, my support for taking action on the relief with the implementation of the Will the United States of America be a Dream Act, as well as to express my DACA Program. In 2015, she became better nation if Carla is forced to continued opposition to the adminis- the first person in her family to grad- leave? This woman’s determination, tration’s decision to end the Deferred uate with a bachelor’s degree. her drive, and her talent have brought Action for Childhood Arrivals. her to this glorious moment when she She had a job offer right after grad- I thank my colleague Senator DURBIN finally graduated college. With this de- uation which, as anyone can tell you, for organizing today’s remarks, as well gree and with this education, she can is not an easy feat. Although her DACA as for his years of leadership and tire- offer us so much more and really serve work permit expired that summer, less advocacy on behalf of the Dream- America and its future. when she had intended to start work- ers, along with Senator GRAHAM, who This is the country she loves. She de- ing full-time, her company was so in- is leading this very important bill with serves the respect of this country, and vested in having her come on board Senator DURBIN. she deserves the determination of the that they worked with Christian to en- Members of the Senate to take this up sure that her DACA work permit was It is critically important that the as a highest priority in the closing renewed. Their investment was worth- Senate pass the Dream Act and not days of this Senate session. while. Within the first 2 years at her wait any longer to take action. There I yield the floor. company, Christian reached No. 1 in are 22,000 eligible DACA recipients who The PRESIDING OFFICER. The jun- sales nationwide. She is now a branch did not meet the administration’s ior Senator from Illinois. manager of her company and consist- deadline to renew their statuses, and as Ms. DUCKWORTH. Mr. President, I ently one of the top performers in a result, about 122 Dreamers are now thank the Senator from Illinois for all sales. losing their DACA statuses every day. the work he does on behalf of Dreamers Christian also opened doors for other That is more than 11,000 who have al- throughout the country. His leadership DACA recipients who have joined her ready lost their statuses as of today, in this effort is absolutely inspiring. at her company and are also excelling and that number will continue to in- I am here to speak out in favor of in their roles. She is just one of thou- crease every single day that we fail to passing a clean Dream Act to create a sands of Dreamers who positively con- act. This is nothing on which we can pathway to citizenship for young immi- tribute to our Nation. wait—wait a week, wait 1 month, wait grants who enrich our country and It is evident that our businesses and 2 months. Every single day, it affects strengthen our economy and national communities benefit and thrive from more people. So, while some have sug- security. The passage of the Dream Act the work ethic and the perseverance gested that we wait until March to fix is critical to the thousands of Dream- Dreamers like Christian possess. There this issue, the reality is that the Sen- ers living in Illinois. are no truer American values than to ate needs to take action now. I want to share one young woman’s work hard, accomplish your goals, and Since it was first established in 2012, story. This is Christian Villalobos. to have the ability to fully contribute DACA has helped nearly 800,000 young Christian traveled from Mexico with to society. people who have lived since childhood her mother and younger sister because Unfortunately, due to the Trump ad- in the United States to better con- her mother was fleeing an abusive mar- ministration’s elimination of DACA, tribute to their families and commu- riage. At only 6 years old, Christian nearly 800,000 of our young people like nities, including more than 6,000 who was brought to the United States not Christian are now vulnerable to depor- are in my State. I recently met with knowing a word of English. She needed tation. Thousands of young people who the archbishop of the Twin Cities, to adapt quickly to her new home. participated in the DACA Program and along with some of these Dreamers, Christian worked hard in school to who are legally in the United States and we talked about how important learn English and made great efforts to may no longer be able to serve as doc- this was to the fabric of life in our

VerDate Sep 11 2014 02:32 Dec 14, 2017 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.050 S13DEPT1 December 13, 2017 CONGRESSIONAL RECORD — SENATE S8013 community, to our economy in Min- then got through to Wisconsin. He met hotel and then came back to Min- nesota—where we have one of the low- my grandma and had my mom and her nesota, and—magic—he was legal. He est unemployment rates in the coun- brother, my Uncle Dick, and, at some served under General MacArthur in the try—to the Dreamers, and to their point, decided that he would try to Pacific. He then came back to the communities, themselves. change his status from ‘‘alien’’ to United States, met his wife, got mar- The Dreamers were brought to our ‘‘legal immigrant.’’ That was when the ried, and had kids. His son served in country as children, and they know Congress had just passed the Alien the Vietnam war. only one home. That is the United Registration Act. Because World War II I had the privilege of hosting him at States of America. The average Dream- was before us, he had to register. That the World War II Memorial, which he er has called this country home since went smoothly, so he decided to apply had never seen before—with his son, he was about 61⁄2 years old. That is the for citizenship. That was when they who is a Vietnam vet—so that he could average. Dreamers serve in our mili- discovered that he had entered the see the memorial for the first and the tary; they pay taxes; and they con- country twice—once when he had said last time. With us were two Dreamers tribute to communities across our that he was going to Canada, on Ellis from high schools in the suburban country. More than 97 percent of Island—but he went to Canada only for Twin Cities area who wanted to serve Dreamers are now in school or in the a week—and the second time when he in the Air Force but couldn’t because workforce—97 percent—and all DACA had gotten through to Wisconsin. we don’t have the same rules we had recipients are required to meet the pro- I don’t know what would have hap- during World War II. It was, basically, gram’s education requirements. In fact, pened to my grandpa now. Back then, because of their statuses that they 72 percent of all DACA recipients who he went through the immigration hear- couldn’t serve. are currently in school are pursuing ing; he got his status. There is a pic- We lost Joseph Medina—the advocate bachelor’s degrees or higher. According ture of him in his bow tie—in an old that he was not only in words but by to the American Association of Med- black and white—and he is smiling. He example—just last month. I think of ical Colleges, more than 100 students was much older than when he had come his service, and when I see him stand- with DACA status applied to medical to our country and become a citizen. I ing in front of that memorial with school last year. This is at a time when don’t know what would have happened, those two Dreamers who weren’t them- we have a shortage of doctors in my because what he had done wasn’t really selves allowed to serve, it really hits State, particularly in the rural areas. legal. home to me and to everyone who has The administration’s decision to end Back then, they said: Do you know heard his story as to what these DACA has created tremendous uncer- what? We want you in our country. Dreamers are all about. tainty and the risk of deportation for You are a worker. You have raised two We all have our stories, and we owe it the Dreamers who work and study in kids. You live in Milwaukee. We want to these Dreamers and we owe it to our the States across our Nation. It, sim- you to be a citizen. They gave him that country and the values of our country ply, doesn’t make economic sense. One citizenship just a few weeks before the to stand up for these Dreamers. I stand recent study estimated that ending United States entered World War II. with my colleagues on both sides of the this policy would cost the country over Otherwise, I guess he would have been aisle who have spoken out in support of $400 billion over the next 10 years. deported to Switzerland right in the the Dream Act and who agree that we I would like to point out to my col- middle of the war. must take action in the Senate to pro- leagues that for immigrants as a That is my story, and everyone has tect these Dreamers in the name of Jo- whole, 25 percent of our U.S. Nobel lau- an immigrant story. seph Medina and in the name of all of reates were born in other countries and The Senate-passed bill, when we did our relatives who have always come that 70 of our Fortune 500 companies comprehensive reform—and I was one from somewhere. Let’s get this done. are headed up by immigrants. Why of the people very involved in that on Thank you. would we cut off this talent flow? Look the Judiciary Committee—included a I yield the floor. at these DACA recipients. Ninety-seven version of the DREAM Act, which I suggest the absence of a quorum. percent of the Dreamers are working or would have created a path to citizen- The PRESIDING OFFICER. The are in school. ship for those eligible for DACA who clerk will call the roll. That is why I strongly disagree with had graduated from high school and The senior assistant legislative clerk the President’s decision to end DACA, gone on to complete higher education proceeded to call the roll. as do many Republicans, Democrats, or to serve in the military. We must Mr. BROWN. Mr. President, I ask business, labor, and religious leaders, end this uncertainty for Dreamers. unanimous consent that the order for and it is why I support the bipartisan That is why I have joined with so many the quorum call be rescinded. Durbin-Graham Dream Act. America is of my colleagues in calling on Leader The PRESIDING OFFICER. Without truly a country built by immigrants, MCCONNELL to hold a vote. objection, it is so ordered. but just as importantly, these immi- Here is a Dreamer whom I will never f grants and their families have helped forget. I was trying to find examples WALL STREET AND WORKERS’ America succeed. They have been part for people in my State so that they WAGES of our Nation’s greatest achievements. may understand what this ‘‘Dreamer’’ I look at my own family. term is all about, and I found one a few Mr. BROWN. Mr. President, this On my dad’s side, my great-grand- years ago—Joseph Medina. At the month, this body has spent much of its parents came from Slovenia. My great- time, he was 99 years old, and he was a time pushing a tax bill that rewards grandfather worked in the mine, and decorated Army veteran. We lost him corporations that ship jobs overseas my grandpa worked in the mine be- only last month at age 103. He told me while doing nothing for hard-working cause they needed people to mine iron his story back when he was 99. families. It has spent time cutting ore in order to make all of the arma- He was brought to our country from taxes on the wealthiest people in the ments and all of the ships that helped Mexico when he was 5 years old. He had country—cutting taxes for corpora- us to win World War II. That happened. no idea that he was not born in our tions that ship jobs overseas and giving They were so proud of what they had country. He grew up in Sleepy Eye, them more incentives to do it by the done to contribute to our country’s ef- MN. Then he signed up to serve in way they have actually constructed forts. World War II. That was when they had the bill and rewarding their largest bil- On my mom’s side, my actual grand- found out that he was, in fact, undocu- lionaire contributors. At the same parents, who were Swiss, came to this mented and had not been born in our time, they have ignored the Children’s country—my grandma as a 3-year-old, country. Back then, as he had de- Health Insurance Program. to Wisconsin, with her parents. scribed it to me, the military had Letters are going out to families. My grandpa, when he was about 18 wanted people to serve, so they had There are 200,000 children in my State years old, came over. He found out that him go to Canada. At the direction of who are enrolled in the Children’s there was a limit on Swiss immigrants. our military, he went to Canada for 1 Health Insurance Program. Parents in He somehow got through Canada and night, stayed—his words—in a nice many States are getting letters from

VerDate Sep 11 2014 02:32 Dec 14, 2017 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.052 S13DEPT1 S8014 CONGRESSIONAL RECORD — SENATE December 13, 2017 the government that read: Sorry, your Street doesn’t want you to get a raise. cause the richest 1 percent didn’t real- insurance is going away. Because of the Let me explain. Wall Street tries to ly need it. Now, in this tax bill, 62 per- inaction of this body—of Senators and convince us that when the stock mar- cent of the benefits in this tax bill go House Members who have insurance ket does well, the economy does well to the richest 1 percent—62 percent of provided for by taxpayers—we are not and vice versa. the benefits in this tax bill go to the 1 doing our jobs. We get insurance paid Well, look around. Visit the town percent. Why is that? Well, one reason for by taxpayers while 200,000 children where I grew up, Mansfield. Visit Chil- is that a number of Members of Con- in Ohio and 60,000, 70,000, 80,000, 90,000, licothe, visit Dover, New Philly, visit gress have said this. When they go 100,000 families are going to lose theirs. Lima, Middletown or Hamilton. Visit a across the street to Republican head- That is it. community in my State that was once quarters to make their fundraising We are giving tax cuts to the richest a proud industrial town that has been calls, their contributors say: Don’t call people in the country and tax breaks to hit by globalization. Talk to the work- me back for campaign money until you corporations that ship jobs overseas in- ers. give me and my friends a tax cut. stead of fixing the healthcare law, in- Stock prices are still going up. Yes, Get that. Don’t call me for campaign stead of doing the Children’s Health In- they are, and the President of the money until you go back across the surance Program—instead of doing in- United States likes to take credit for street and give me and my rich friends frastructure, instead of doing the that as if that is the only story. Talk a tax cut. How corrupt is that? How things that we should be doing. Forget to workers who haven’t had a meaning- awful is that? How unfeeling is that? about what we are not doing to serve ful raise in years. Talk to workers who How counterproductive is that for our the public; the priorities reflected in have seen their retirement cut. Talk to economy? this tax bill are completely backward, workers who have watched their The data backs that up. Workers’ which has become pretty standard in healthcare premiums rise. Talk to share of income has fallen over the last this Congress. workers who have seen the cost of four decades. Wage inequality has Time and again, our economy, our childcare and saving for their kids’ col- risen, especially at the largest compa- leaders, our politics reward Wall lege and paying off their student loans nies. Some may argue that workers Street, not just instead of workers; we go up and up and up. That is what hap- who have retirement accounts share in reward Wall Street at the expense of pened. the benefits when the stock market workers. The people of Ohio and people For most Americans, the idea that a does well. Only 50 percent of private around the country are working harder stock market rally means more money sector workers have these types of ac- than ever and working longer than in their pocket is laughable. That is counts at all, and they use them to ever, but they have less and less to why, when the President—even today, make long-term investments for their show for it. when he was talking about this tax cut, retirement. The short-term profits that Imagine this: 44 percent of Americans he was promising that we are doing all drive so much of corporate decision who have an emergency—that would be these tax cuts for middle-class Ameri- making have little effect on accounts four out of nine Americans—cannot af- cans. Well, if you want to give tax cuts workers will not touch for several dec- ford that emergency expense of $400. to middle-class Americans, give tax ades. Just because workers have retire- Four out of every nine Americans can- cuts to middle-class Americans. Don’t ment accounts doesn’t mean they are not come up with $400 to pay for an cut taxes on corporations, cutting able to save. In fact, 70 percent of emergency, but Wall Street is doing them 43 percent—that is what the bill Americans have less than $1,000 in re- just fine. It is getting richer. So what does—if they would let us read it. The tirement savings. do we do? We give more tax cuts and last time I read it, that is what it said. Remember I said four out of nine or more tax breaks to corporations that They cut the corporate tax rate by 43 44 percent of Americans couldn’t come outsource jobs, and we give more help percent. They say that money will up with $400 in emergency spending for in the Banking, Housing, and Urban Af- trickle down, you will get a raise, there a trip to the dentist or $400 to fix a car? fairs Committee for some of the most will be more jobs. It has never really Four out of nine Americans couldn’t profitable banks in America. Yet we worked that way. It didn’t work in come up with that. Well, it is even can’t do anything for workers, and we North Carolina that way. It hasn’t worse because 70 percent of Americans can’t do anything for families. worked in Ohio that way. It simply have less than $1,000 in retirement sav- The wealth held on Wall Street has doesn’t happen. ings. Do you know why they have less gone up. Corporate profits have gone The President stands there and says: than $1,000 in retirement savings? Be- up. CEO salaries have gone up. CEO We are going to give the best tax cuts cause their wages haven’t gone up for a salaries are 271 times greater than for Christmas you ever saw. He brags decade or so. workers’ pay. For a worker who makes about the stock market going up. One The fact is, a paycheck is how most $20,000—I almost can’t even do the of the reasons two-thirds of Americans workers pay their bills every month math—it is 271 times that. Imagine don’t much like this President is be- and put food on the table each night. that. For every $1 a worker makes in cause they heard him brag about the Wall Street has a lot to say about how the country, the average CEO makes stock market and how great that is, much should be in that paycheck. $271. How much do they need? Do you but there is nothing in their own pock- Remember, at the beginning of this know what the answer to that is? Let’s ets when he does that. The money is speech, I stated that Wall Street give tax cuts to the people making $271 not trickling down. Workers aren’t see- doesn’t want you to get a raise. Some and maybe a few crumbs for the work- ing a $4,000 raise. Nobody really be- of my colleagues—particularly those ers making $1. Is that fair? lieves that. who get a lot of money from Wall Over the next few months, I am going The White House made up some Street and think Wall Street should to lay out the case for how Wall Street phony study that said all this money is run the country even more than they undermines American workers and lay going to workers’ pockets. It never do—but when I said Wall Street doesn’t out some of the changes that we need works that way. It didn’t work that want people to have a raise, here is to make in this country to grow our way when President Bush—in 2001, 2003, how that works. middle class and make hard work pay President Bush did a big tax cut bill. Last month, Bank of America down- off. Each installment of this series, Let me give you one statistic about graded Chipotle’s stock because an an- which we are calling Wall Street’s War that tax cut bill in 2001 and 2003, those alyst decided the company employees on Workers, will be posted on my me- two bills. In that tax cut bill, 27 per- were working too many hours and get- dium page. You can follow along at cent of the benefits went to the richest ting paid too much. Wall Street down- www.medium.com/@SenatorBrown. 1 percent—27 percent. graded their stock because the analyst Today, I want to talk about workers’ The pages are pretty good in math said their workers were making too paychecks. It is pretty simple. It is because they are still taking math much. really simple. Wall Street doesn’t want class—27 percent of the benefits of that Do you remember what happened you to get a raise. It doesn’t sound tax bill went to the richest 1 percent. when American Airlines gave their em- plausible. You heard that right. Wall That sounds pretty outrageous, be- ployees a raise? They were punished in

VerDate Sep 11 2014 02:32 Dec 14, 2017 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.053 S13DEPT1 December 13, 2017 CONGRESSIONAL RECORD — SENATE S8015 the stock exchange. They were getting compensation is up, stock prices are I sat across from at a high school re- paid too much. The banks decided that up, and workers are getting paid less. union makes $30,000 a year after 30 Chipotle employees worked too many Then, when they want to pay the flight years of service. I don’t wish him any hours and earned too much money. The attendants and the pilots a little more, ill will, certainly, for the $28 million he stock declined by 3 percent. It didn’t they complain because labor is being makes. The people who work directly matter that they were profitable, em- paid first again. Never mind that the with the public, who have to listen di- ployees were happy. It didn’t matter labor in question simply pushed to get rectly to the complaints, who have to that their employees were productive. paid the same as their counterparts at spend money coming to work and wear- It didn’t matter that they were a good United and Delta. Think about that. ing nice clothes because they are a company. Their stock price went down American Airlines decided they bank teller, making $30,000 a year? because the analyst said they were should pay their workers who do What is fair about that? None of the paying their workers too much. Some roughly the same job the same as banks complained about that being a of you have been to Chipotle. I am United and Delta. They thought that wealth transfer. guessing their workers are not making would be a good thing for competition Remember that line, a wealth trans- $100,000 a year. I guess they are making reasons, for hiring workers, and maybe fer of $1 billion to its labor group? $10, $12 an hour. even for Wall Street. Wall Street said: None of the banks complained about a I went to my high school reunion a No, really, we don’t want that to hap- wealth transfer when Wells Fargo CEO couple of years ago. I sat across from a pen. John Stumpf was allowed to retire woman who worked at a major na- I wonder how much that analyst at with tens of millions of dollars in com- tional bank, a well-known bank. I don’t Citibank is paid. Some of you would pensation after overseeing a massive need to cite the name. When I worked call that class warfare, but I would call scandal that caused the bank’s stock to at my family farm growing up, I used it an interesting fact if I knew what it tank. to put my $120-every-2-week paycheck was, but imagine the nerve of saying Do you know what I hear in the in that bank. It has been sold several that shareholders get the leftovers. Banking Committee from time to times and is now part of a major Wall When is the last time Wall Street got time? These CEOs, if their company Street bank. She has worked there 30 the leftovers? has cheated people, their company has years. She has been a teller in that By ‘‘labor,’’ what we are talking made a huge mistake that caused prob- bank for 30 years. She makes $30,000 a about is people who create wealth for lems for the company, they often come year. She has 30 years of service in this the company. It is the workers who in and say: You know, we are sorry—we bank and makes $30,000 a year. Do you create wealth. Management is impor- are kind of sorry—and we are going to want me to list what the top manage- tant, of course, setting the direction of give up our bonus. They say they are ment of that bank makes? Tens of mil- the company and doing all that man- going to give up their bonus. They are lions of dollars in compensation, stock agement does in most corporations and already making $8 or $10 or $12 or $15 options, and stock buybacks, huge divi- does well, but rank-and-file workers— million. Now they are going to give up dends because they own so much of the whether it is the woman who cleans their bonus. How generous of them. bank. This woman makes $30,000 a the floor or the food service people in If paying employees is a wealth year. What is right about an economy the basement, or whether it is the data transfer, as the JPMorgan analyst said, like that? entry person or whether it is the mid- but CEO bonuses are not a wealth The entry level wage at Chipotle is level management person, whether it is transfer, it raises the question: Who ex- between $9 and $10 an hour. It is typical the sales force, whether it is the CFO, actly does Wall Street think the for fast food. It is clearly not enough to workers create wealth for their compa- wealth belongs to? Who does it think is lift a family of three out of poverty. So nies, and shouldn’t they share in some creating the wealth for these compa- Chipotle wanted to give raises to their of that wealth? Don’t you think pilots nies? Companies can’t be profitable workers, and Wall Street slapped them provide a lot of productivity and without the workers. Wall Street for doing it. Wall Street’s attacks on wealth to that company? seems to think the whole cake belongs workers’ wages have not been limited A JPMorgan analyst described the to the CEOs and stockholders while to Chipotle. raises to the American Airlines pilots a workers only deserve crumbs. I mentioned American Airlines. They different way. He said it is a ‘‘wealth It has not always been like this. announced pay raises for their pilots transfer of nearly $1 billion to its labor In the past, banks actually invested and flight attendants earlier this year. groups.’’ Think about that. in businesses and the workers on Main Wall Street punished the company, One of the things that amuses me— Street, but the corporate business mod- dropping its stock by 5 percent. except it bothers me more—whenever els have changed. According to a recent Citibank, one of the Wall Street we talk about a wage increase, do you analysis, only 15 percent of Wall Street firms we sometimes talk about, is a $2 know what companies always say? funds are invested in businesses, down trillion bank—somewhere close to that. They say: If we raise the minimum from the majority of funds several dec- I may be wrong about that, but there wage for these $7 or $8 or $9 workers, ades ago. Instead of investing in real are six banks in the country whose as- we are going to have to raise prices and businesses, in real towns that create sets are over $1 trillion, as high as—I lay people off, but they never say that real jobs and build real communities, think JPMorgan Chase is higher. when a top management employee gets they spend billions buying back stock Citibank analysts actually wrote this a $1 million raise. You only have to lay and handing out CEO bonuses. This about American Airlines: people off and raise the price of the change has worked out pretty well for This is frustrating. Labor is being paid product if you raise the minimum Wall Street. first again. Shareholders get leftovers. wage, but if you give somebody a six- Even though Wall Street has 4 per- Think of that. So they gave their or seven-figure bonus, you don’t have cent of all U.S. jobs, it accounts for 25 workers, their pilots—I assume the to worry, that is not going to cause percent of all corporate profits. Pretty Senator from North Carolina and Leigh anything. That is how phony these ar- good, huh? It is not for that teller who and all the people at the desk there—I guments are that they make and frank- works at the bank in Mansfield, OH, think that probably you want airline ly how revolting these arguments are. but for the stockholders and the CEO. pilots to be paid pretty well. I think Wall Street didn’t call it a wealth As anyone can tell you, it hasn’t you do. Flight attendants make all the transfer of $1 billion to its labor group. worked out that well for most people. flying we do a little bit easier. This Wall Street didn’t call it a wealth CEOs are evaluated on the quarterly company wanted to pay them more and transfer when the CEO of JPMorgan performance of their company’s stock. Wall Street says: got a 4-percent raise and was paid— They are compensated, in large part, This is frustrating. Labor is being paid anybody want to guess? Do any of the with company shares, but most Ameri- first again. Shareholders get leftovers. pages want to guess? Does any of the cans don’t think in terms of 3-month Really? Think about this. Companies staff want to guess? Their CEO is paid earnings quarters. They think in terms are more profitable, CEOs are getting $28 million a year, but that happens to of school years, they think in terms of paid more and more, and executive be the same company where the woman 30-year mortgages, and they think in

VerDate Sep 11 2014 02:32 Dec 14, 2017 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G13DE6.054 S13DEPT1 S8016 CONGRESSIONAL RECORD — SENATE December 13, 2017 terms of how many years before I re- bonus, you are going to get more Street executives and CEOs will get tire and how much money do I have to money in your stock buybacks, and bigger and bigger bonuses. save to be able to. you are going to get more money in We will continue here to give tax Main Street investors and workers your executive compensation. All of it cuts to the richest people in the coun- only make a profit when a company’s is set up and all of it is aimed at help- try, and our economy and our eco- stock market value continues to rise ing top management and top stock- nomic growth will continue to lag. The over time. Wall Street and Main holders enrich themselves. It is not rich get richer and the middle class Street’s interests no longer match up. giving back to the community, not cre- shrinks. That is the formula. The rich That is the problem with our economy ating workers’ wealth, and not invest- get richer and the middle class shrinks. today. Wall Street’s interest are not ing in the future. It is all about short- Haven’t we had enough of that? Why the same as Main Street’s interests. term profits because that means huge should we still be doing that? Wall Street does well, Wall Street gets compensation for the CEOs of America. I yield the floor. bigger and bigger compensation, and Nothing in their business model forces f workers see their wages stagnate. these executives to view the workers Folks in the corporate boardroom are making burritos at Chipotle as real ADJOURNMENT UNTIL 10 A.M. not forced to consider what is in the people with real families. TOMORROW long-term interest of workers, what is I will go back to that. Chipotle did The PRESIDING OFFICER. Under in the long-term interest of small-time the right thing, and they gave raises to the previous order, the Senate stands investors, what is in the long-term in- their employees. American Airlines did adjourned until 10 a.m. tomorrow. terest of the communities that have the right thing, and they gave raises to Thereupon, the Senate, at 7:02 p.m., helped them grow and made them rich. their employees. But the stock market, adjourned until Thursday, December For them, workers are nothing more Wall Street crushed them for it, and 14, 2017, at 10 a.m. than a line item in a budget that ought that is what has to change. to be minimized. It is why they have no Until the banks and Wall Street re- f problem taking pay out of the pockets spect a hard day’s work and understand CONFIRMATION of workers—pay that would otherwise that work must have a value for the Executive nomination confirmed by drive innovation and productivity—all economy to grow, we will continue to the Senate December 13, 2017: to boost short-term profits for CEOs see the consequences. The gap between and speculators. Wall Street and Main Street will keep THE JUDICIARY When you get short-term profits, you growing. Workers’ wages will decline. DON R. WILLETT, OF TEXAS, TO BE A CIRCUIT JUDGE, UNITED STATES COURT OF APPEALS FOR THE FIFTH are going to get more money in your Our middle class will shrink. Wall CIRCUIT.

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