May 9, 2018 CONGRESSIONAL RECORD — SENATE S2565 Coons Inhofe Perdue Mr. DURBIN. I announce that the to pass without notice, but little did Corker Isakson Portman Senator from Indiana (Mr. DONNELLY) we know at the time that it would be Cornyn Johnson Risch Cotton Jones Roberts and the Senator from Illinois (Ms. part of a relentless and repeated denun- Crapo Kennedy Rounds DUCKWORTH) are necessarily absent. ciation of professional law enforcement Cruz King Rubio The PRESIDING OFFICER (Mrs. at the Federal Bureau of Investigation, Daines Klobuchar Sasse HYDE-SMITH). Are there any other Sen- at the Department of Justice, even at Enzi Lankford Scott Ernst Leahy ators in the Chamber desiring to vote? Shelby the CIA, and law enforcement agencies Fischer Lee Sullivan The yeas and nays resulted—yeas 49, all around the country. This concerted Flake Manchin Tester nays 47, as follows: Gardner McCaskill and coordinated attack on the FBI and Grassley McConnell Thune [Rollcall Vote No. 88 Ex.] Department of Justice is no accident. Hatch Moran Tillis YEAS—49 It is part of a strategy to undermine Heitkamp Murkowski Toomey Alexander Flake Perdue the credibility not only of the special Heller Murphy Warner Barrasso Gardner Portman Hoeven Nelson Wicker counsel’s investigation of collusion by Blunt Grassley Risch Hyde-Smith Paul Young the Trump campaign with Russia in its Boozman Hatch Roberts NAYS—34 Burr Heller Rounds meddling in the 2016 election and the Capito Hoeven Rubio potential of obstruction of justice and Baldwin Harris Schatz Cassidy Hyde-Smith Blumenthal Hassan Schumer Sasse coverup by the President and his ad- Collins Inhofe Scott Booker Heinrich Shaheen Corker Isakson ministration, but it is also deeply Shelby Brown Hirono Smith Cornyn Johnson alarming as an attack on professional Sullivan Cantwell Kaine Stabenow Cotton Kennedy Cardin Markey Thune law enforcement. Udall Crapo Lankford The President’s attacks have become Carper Menendez Van Hollen Cruz Lee Tillis Casey Merkley Warren Daines McConnell Toomey so numerous and so brazen that they Cortez Masto Murray Whitehouse Enzi Moran Wicker have almost become the new normal. Durbin Peters Wyden Ernst Murkowski Young Likewise, the attacks by his syco- Feinstein Reed Fischer Paul Gillibrand Sanders phants and surrogates in Congress un- NAYS—47 NOT VOTING—4 dermine the credibility and trust of the Baldwin Heinrich Peters FBI and the Department of Justice. Donnelly Graham Bennet Heitkamp Reed That is why I am here today—because Duckworth McCain Blumenthal Hirono Sanders words have consequences. The nomination was confirmed. Booker Jones Schatz These attacks have ramifications for The PRESIDING OFFICER. Under Brown Kaine Schumer Cantwell King the FBI when it investigates a crime. the previous order, the motion to re- Shaheen Cardin Klobuchar Smith The willingness of potential witnesses consider is considered made and laid Carper Leahy Stabenow Casey Manchin to talk to them may be undermined. upon the table, and the President will Tester Coons Markey Their ability to prevent crime may be Udall be immediately notified of the Senate’s Cortez Masto McCaskill Van Hollen undercut because of informants’ lack of action. Durbin Menendez Warner trust in them. And the credibility of f Feinstein Merkley Gillibrand Murphy Warren FBI agents at a trial in a conflict of CLOTURE MOTION Harris Murray Whitehouse credibility with a defendant who is Hassan Nelson Wyden The PRESIDING OFFICER. Pursuant lying can be sabotaged by the Presi- to rule XXII, the Chair lays before the NOT VOTING—4 dent through these denunciations—far Senate the pending cloture motion, Donnelly Graham beyond the special prosecutor’s inves- which the clerk will state. Duckworth McCain tigation. The senior assistant legislative clerk The PRESIDING OFFICER. On this This attack on law enforcement has read as follows: vote, the yeas are 49, the nays are 47. consequences for the safety and secu- rity of our Nation, indeed, our national CLOTURE MOTION The motion is agreed to. security, because the FBI needs those We, the undersigned Senators, in accord- f informants, needs credibility as wit- ance with the provisions of rule XXII of the EXECUTIVE CALENDAR Standing Rules of the Senate, do hereby nesses, needs the trust of the American move to bring to a close debate on the nomi- The PRESIDING OFFICER. The people to do its job in keeping America nation of Michael B. Brennan, of Wisconsin, clerk will report the nomination. safe from sabotage or subterfuge inter- to be United States Circuit Judge for the The senior assistant legislative clerk nally, as well as organized crime, drug Seventh Circuit. read the nomination of Michael B. dealing—the panoply of threats that Mitch McConnell, John Hoeven, Johnny Brennan, of Wisconsin, to be United exist to our safety. Isakson, James Lankford, Steve States Circuit Judge for the Seventh It is no accident that terrorist at- Daines, Ben Sasse, Mike Crapo, John Circuit. tacks have reduced in severity since 9/ Kennedy, John Barrasso, Thom Tillis, The PRESIDING OFFICER. The Sen- Roger F. Wicker, James M. Inhofe, 11. It is no accident that crime is at Richard Burr, Mike Rounds, Shelley ator from Connecticut. lower levels than in recent years. It is Moore Capito, Tom Cotton, Cory Gard- ANNIVERSARY OF THE FIRING OF JAMES COMEY no accident that Americans feel safer ner. Mr. BLUMENTHAL. Madam Presi- as they walk the streets and commu- The PRESIDING OFFICER. By unan- dent, 1 year ago today, the President of nities of America, rural and urban. It is imous consent, the mandatory quorum the United States did the unthinkable. because we have devoted resources to call has been waived. He did at least what many people local law enforcement, as well as the The question is, Is it the sense of the thought was unthinkable. He fired the Federal agencies that are vital to sup- Senate that debate on the nomination Director of the Federal Bureau of In- port local law enforcement with the in- of Michael B. Brennan, of Wisconsin, to vestigation, James Comey. Shortly formation and data they need to do be United States Circuit Judge for the thereafter, he acknowledged the rea- their job and with the enforcement Seventh Circuit, shall be brought to a son. He told NBC’s Lester Holt that he they provide in solving crimes and close? fired James Comey because he was making sure the bad guys are con- The yeas and nays are mandatory thinking about ‘‘this Russia thing’’ and victed and go away. under the rule. how unjustified he thought the inves- The best laws in the world are dead The clerk will call the roll. tigation was. He later told officials of letter if they are unenforced. The new The senior assistant legislative clerk Vladimir Putin’s government in a pri- laws that we pass here will mean noth- called the roll. vate meeting in the Oval Office that ing without strong and effective law Mr. CORNYN. The following Senators this firing relieved him of the pressure enforcement. are necessarily absent: the Senator that he was feeling as a result of the We should all be deeply alarmed and from South Carolina (Mr. GRAHAM) and Russia investigation. concerned about this new normal of a the Senator from Arizona (Mr. The 1-year anniversary of Jim President of the United States—who is MCCAIN). Comey’s firing might well be permitted responsible for making sure the laws

VerDate Sep 11 2014 01:34 May 10, 2018 Jkt 079060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\A09MY6.001 S09MYPT1 lotter on DSKBCFDHB2PROD with SENATE S2566 CONGRESSIONAL RECORD — SENATE May 9, 2018 are faithfully executed—actually at- enforcement. The long-term negative In reality, the FBI and the DOJ work tacking the agency that is responsible collateral consequences of these as- every day to protect Americans against for the enforcement necessary for exe- saults on our top law enforcement threats, both foreign and domestic, cution of those laws. agencies are likely to be extensive. while upholding the Constitution. Here are a few examples. On April 6, Consider the dedication, the courage, The Department of Justice includes 2018, a notice appeared on the front the tenacity, and the strength that is more than 40 separate organizations, page of backpage.com confirming that required of those at the FBI to do their including the FBI, and more than the Department of Justice seized the job day in and day out, putting their 110,000 employees. I know about the website and took it offline—a crucial lives on the line, literally risking their ones in Connecticut. As a former U.S. and important step in the fight against well-being not over a year or a couple attorney, the ethic and tradition of the sex trafficking. On that same day, the of years but, many of them, for careers, U.S. attorney’s office is about uphold- FBI raided the Sedona home of Michael a lifetime. They are among the finest ing the rule of law and the dedication Lacey, a founder of backpage.com and men and women in public service. to doing justice. one of the 7 individuals charged in a 93- The FBI is one of our premier law en- The FBI has more than 30,000 em- count indictment for Federal crimes forcement institutions. The Depart- ployees spread over 56 field offices relating to facilitating prostitution ment of Justice is and should be the around the United States. They are and laundering money. marvel of the world for its fairness and dedicated to protecting the United For years, backpage.com and its own- its unrelenting dedication to do jus- States from terrorism, cyber attacks, ers have knowingly concealed evidence tice. As one Attorney General—Justice public corruption, violent crime, and of criminality by systematically edit- Jackson—said, its goal is not to seek abridgement of civil rights. According ing its adult ads to facilitate prostitu- convictions but to do justice, and that to its most recent annual report, the tion and sex trafficking, including is the mission that it performs. FBI disrupted more than 700 terrorist modern-day slavery of children. A recent case by the Department of incidents and over 170 violent criminal Backpage’s misconduct led to the pros- Justice’s National Security and Civil organizations in 2017 alone. The FBI titution of a 14-year-old Connecticut Rights Division shows how Donald targets crimes not only in the streets girl, who was advertised on the website Trump’s attacks are weakening sup- but in boardrooms. In the same time for clients in Connecticut, New York, port for the FBI’s important work. period, it disrupted more than 430 In March of this year, three anti- and Atlantic City. Without the inter- criminal enterprises engaged in white- Muslim militia members who were on vention of the Department of Justice collar crimes. trial for plotting to slaughter Somali and the FBI, many more children could Let’s make no mistake—wrongdoing refugees in Southwest Kansas adopted have been exploited and victimized by affects real people in their real lives. a defense strategy that could have been There are very few victimless crimes, if backpage. taken directly from the Trump play- We know about the extraordinary any. Every crime has some victim and book or from his Twitter feed. Defense magnitude of backpage’s activities and some survivor. That is the reason they attorneys in that case argued that a bi- about the deep harm it causes as a re- are prosecuted, and that is why we hire ased FBI conspired against their cli- sult of an investigation performed by those prosecutors and FBI agents to go ents because of their political beliefs. Senate committees. The Senate has after lawbreakers. We should reward The defendants said that their political taken steps to stop that kind of pro- them for disrupting and deterring the beliefs were responsible for their pros- lawbreakers, not denounce them, as motion on the internet as a result of ecutions, not their own actions. In a the President has done. legislation that Senator ROB PORTMAN turn of phrase that is very suggestive The FBI’s hard work in building of Ohio and I led here, legislation of the President’s Twitter feed, the de- cases the right way leads to victories called SESTA. It was bipartisan legis- fense attorney argued that the defend- in the courtroom. I have seen them and lation that passed overwhelmingly. ants’ discussion of killing Muslim have prosecuted them myself. The The legislation will assist victims and ‘‘cockroaches’’ amounted to ‘‘locker prosecutor, whether it is an assistant survivors in having their day in court room talk,’’ which was inspired, no U.S. attorney or a U.S. attorney, con- and allow law enforcement to do even doubt, partly by the 2016 election. tributes mightily to those victories, better in the fight against sex traf- Meanwhile, the government had to but they would be impossible without ficking. deal with jurors who expressed a num- the nuts and bolts—the investigative That story is just one example of the ber of concerns about the honesty and work, the shoe leather, and sometimes laudable work that the Department of corruption at the top levels of the FBI, the very significant risks involved in Justice and the FBI do every day to questioning the ability and integrity of uncovering the truth and bringing it to keep America safe. The attack against the organization. court. Sometimes FBI agents work for them has extraordinary irony and Ms. Ifrah Ahmed, a Somali resident months undercover on a single case at harm because it seeks to sow doubt of the apartment complex the defend- grave jeopardy to themselves. More about democratic institutions that are ants were plotting to blow up, felt dif- than 90 percent of terrorism- and gang- vital to our way of life. ferently about the FBI investigation. related cases result in a conviction—a President Trump has literally taken She and other residents said that the judgment favorable to the United a page from his authoritarian heroes verdict allayed their fears and affirmed States. who systematically seek to say that their faith in the justice system. These statistics that I have cited the law is not what our enforcement It was because of the work of dedi- here represent only a fraction of the agencies say, not what our democratic cated law enforcement professionals work these agencies do to protect institutions say, but what they say. He that the defendants’ plan to bomb in- America every day, in real life, for real has persistently and purposefully at- nocent and peaceful Muslim immi- people. Despite President Trump’s ef- tempted to undermine all of the De- grants was thwarted in a victory for forts to water down environmental pro- partment of Justice. the rule of law and a victory for civil tections, the FBI continues to pursue The fact is, these attacks have effect. rights and our national security. But cases where corporations violate clean When they come from the President’s instead of applauding or lauding vic- water and clean air standards and mouth, they have consequences. Not tories like this one, the President of threaten public health. surprisingly, these repeated caustic the United States continues to spread a At the end of April, the Department and careless attacks have diminished false narrative. His sole purpose is ad- of Justice charged the ex-CEO of public confidence in these institutions. vancing his political agenda, pro- Volkswagen with conspiracy in the Since Donald Trump entered office, re- tecting himself, and shielding himself company’s rigging of diesel vehicles to ports suggest that a number of Ameri- from accountability. His attacks are feign compliance and falsely portray cans who view the FBI capably has di- designed to undermine the credibility compliance with the company’s and minished by 28 percent. Just 38 percent of the FBI and designed to shield him Federal standards. of Americans have confidence in the from responsibility and apparent culpa- Volkswagen deceived American regu- FBI. That is distressing for a party bility for possible criminal wrong- lators. Why should that matter to ordi- that once espoused and supported law doing. nary Americans? Well, it is an unlevel

VerDate Sep 11 2014 01:34 May 10, 2018 Jkt 079060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G09MY6.019 S09MYPT1 lotter on DSKBCFDHB2PROD with SENATE May 9, 2018 CONGRESSIONAL RECORD — SENATE S2567 playing field with its competitors if it ently, their vital work in protecting positive blue slips before the com- cuts corners. So it impacts fair com- our Nation. He has undermined their mittee would ever proceed on a judicial petition, but it also impacts our clean stature and credibility. He has at- nomination. Scholars maintain that air and the safety and health of Ameri- tacked their integrity, all without any Chairman Eastland adopted this policy cans who breathe that air. Essentially, basis in fact. to allow southern Senators to veto they not only deceived regulators, but President Reagan once said that nominees sympathetic to the Supreme they defrauded American consumers facts are stubborn things. The Amer- Court decision in Brown v. Board of for years, promising them those stand- ican people should know the facts. If Education. ards, which they knew they were fail- they do, they will appreciate that the Then, when Senator Ted Kennedy ing to meet. Only because of the tire- facts show that the Department of Jus- took over the chairmanship from Sen- less efforts of Federal investigators and tice and the FBI, even with their ator Eastland in 1979, he went back to prosecutors has the company’s chief faults, are a paragon of law enforce- the original blue slip policy. executive now been brought to justice ment. Their faults should not be mini- Then comes along Chairman Strom to face these charges. The Department mized or dismissed. They ought to be Thurmond continuing that policy. of Justice’s actions send a message to addressed, but not by denouncing or de- Then comes along Chairman Joe Biden businesses both here and abroad that meaning their hard work. continuing that policy, and Chairman efforts to cheat American consumers or The numbers and statistics I have ORRIN HATCH followed that policy. harm the environment will have con- given and the examples I have cited are Under the policies of those chairmen sequences. They ought to pay atten- not meant defensively for them. They just mentioned, negative or unreturned tion. They ought to be deterred. don’t need my defense. Their actions blue slips did not necessarily preclude The Department of Justice also de- and their work speak louder than any- a hearing for a nominee. velops key initiatives to respond to ur- one’s words. I hope they will continue When Senator LEAHY became chair- gent threats, particularly in the front- that service and sacrifice, man during the Bush administration, line against terrorism. The FBI’s Joint undiscouraged and undeterred by these he did away with this policy and resur- Terrorism Task Forces are comprised rash and reckless attacks from the rected Chairman Eastland’s strict blue of small cells of highly trained, locally President and surrogates who support slip policy. The reason for this strict based, passionately committed inves- him. blue slip policy was obvious to every- tigators, analysts, linguists, SWAT ex- I personally thank them for their one at that time—at least obvious to perts, and other specialists from dozens service and sacrifice, as all Americans everybody on our side of the aisle—to of U.S. law enforcement and intel- should, and I thank many of them for block President George W. Bush’s judi- ligence agencies. They operate as part their friendship. cial nominees based on politics and ide- of the FBI’s Joint Terrorism Task Thank you, Madam President. ology, something that never played Force, because the FBI has that re- I yield the floor. much of a role in a lot of these nomina- sponsibility for our national security, The PRESIDING OFFICER. The Sen- tions prior to 2002. In sum, only 2 of my along with them as a team. When it ator from Iowa. 18 predecessors who extended the blue comes to investigating terrorism, they Mr. GRASSLEY. Madam President, slip courtesy required signoff from do it all. They chase down leads, gather this week the Senate will vote on the both home State Senators. evidence, make arrests, provide secu- nomination of Michael Brennan to When Senator LEAHY adopted an his- rity for special events, conduct train- serve on the Seventh Circuit Court of torical blue slip policy, that was his ing, collect and share intelligence, and Appeals in Milwaukee. prerogative as chairman, and nobody respond to threats and incidents at a Judge Brennan is a highly qualified argues with that. But it is my preroga- moment’s notice. These task forces are nominee with broad, bipartisan support tive to have the same blue slip policy based in 104 cities nationwide, includ- in his own State of Wisconsin. The Sen- as Chairman Biden and Chairman Ken- ing at least one in each of the FBI’s ate Judiciary Committee received nu- nedy and the vast majority of prede- field offices. merous letters in support of Judge cessors. Accordingly, I have said this: Without any exaggeration, these in- Brennan’s nomination, including from Negative or unreturned blue slips will vestigators and prosecutors protect us. the longtime Democratic Milwaukee not necessarily preclude the hearing They protect American lives from ter- district attorney. I fully support this for circuit court nominees unless the rorist threats, both at home and nomination. White House failed to consult with abroad. Just last month FBI agents, I have heard from some of my col- home State Senators. I get all sorts of working with the Newark Joint Ter- leagues—and especially from those on information—and I demand all sorts of rorism Task Force, thwarted a plot of the other side of the aisle—that they information—from the White House on five men to join ISIS and carry out an believe Judge Brennan shouldn’t have this sort of consultation that is going attack in ISIS’s name on U.S. soil received a hearing before the Judiciary on. That is why I held hearings for using homemade bombs. Because of Committee. They say this because one David Stras, Kyle Duncan, Michael their brave and tenacious efforts and Senator from Wisconsin didn’t return Brennan, and Ryan Bounds, despite the their countless hours of hard work— the blue slip. But their opinions are lack of two positive blue slips from hour after hour, day after day—this based on an incorrect understanding of home State Senators. This policy is plot, and many others like it, were dis- the blue slip’s history. completely bipartisan. I have applied it rupted and American lives were saved. As I explained last year several times to blue slips of Democratic and Repub- America has always faced threats to on the Senate floor and several times lican Senators. our national security and public safety, in committee, the blue slip courtesy is Some people have suggested that I even as they are more complex today just that—a courtesy. It has a history had a different blue slip policy during than ever before. We need the kind of going back to 1917. Since then, chair- the final 2 years of President Obama’s professionalism that the FBI and the men of the Judiciary Committee have administration. They pointed to nine Department of Justice and other agen- distributed blue slips to home State judicial nominees with blue slip prob- cies bring to law enforcement every Senators to get feedback on the nomi- lems who didn’t receive hearings. But day. For all of us who have been Fed- nees to the Federal bench in their re- five of these nominees were to district eral prosecutors—whether a U.S. attor- spective States. courts, and I have said repeatedly that ney, as I was, or in another capacity— Chairmen have applied the blue slip I am less likely to proceed to district these attacks are repugnant. They courtesy differently in its 100-year his- court nominees without two positive belie a fundamental misunderstanding tory. For the first 39 years of its exist- blue slips. of the ethos and tradition of justice ence, the blue slip had no bearing on With respect to the four circuit court and the rule of law in our democracy. whether a nominee went through the nominees who didn’t receive hearings Unfortunately, President Trump has committee process. Then, in 1956, Sen- during the last Congress, their nomina- failed not only to stand up for those ator James Eastland of Mississippi be- tions simply came too late in the Con- law enforcement agencies, but he has came chairman. He started requiring gress to process. They were nominated actually hindered, actively and consist- both home State Senators to return during the Presidential election year of

VerDate Sep 11 2014 01:34 May 10, 2018 Jkt 079060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G09MY6.021 S09MYPT1 lotter on DSKBCFDHB2PROD with SENATE S2568 CONGRESSIONAL RECORD — SENATE May 9, 2018 2016, and in Presidential election years, Wisconsin Senators and considered all neutrally apply the law, not to legis- we have the Leahy-Thurmond rule that the candidates recommended by each late from the bench. applies. Under the Leahy-Thurmond Senator. I understand the frustration I yield the floor. rule, the Senate typically stops con- that Wisconsin’s judicial nominating I suggest the absence of a quorum. firming judges by midsummer. I am as- commission hasn’t worked out as had The PRESIDING OFFICER. The suming that I gave Senators in 2016 the been planned by the two Senators, but clerk will call the roll. same timeline that I gave to former Judge Brennan was the only candidate The bill clerk proceeded to call the Senator Franken to return his blue slip to receive bipartisan support from the roll. for Justice Stras. We wouldn’t have commission process that is used in Wis- Mr. DURBIN. Madam President, I ask started holding hearings then until consin. Moreover, the commission’s unanimous consent that the order for 2016, and by delaying until that period dysfunction can’t be used as an excuse the quorum call be rescinded. of time, we would have not had the to deny the President his constitu- The PRESIDING OFFICER. Without record number of circuit court judges tional authority to make judicial objection, it is so ordered. that we have had during this Presi- nominations. NET NEUTRALITY dency, because, then, the Leahy-Thur- I would also like to point out that Mr. DURBIN. Madam President, I mond rule would have barred their con- each Senator who has withheld a blue come to the floor today to discuss an firmations. These four nominees also slip this Congress also voted to abolish issue that impacts consumers, small lacked floor support, and it would have the filibuster for judicial nominations businesses, our general economy, and been a waste of time and resources if back in 2013. The argument then was most families. It is the issue of net we had proceeded. That was my judg- that 41 Senators shouldn’t be allowed neutrality. The concept behind this is ment as chairman. to block the will of a majority of this pretty simple. It ensures that all con- Chairman LEAHY similarly refused to Senate, but now these same Senators tent on the internet is treated equally hold hearings for at least six circuit have reversed themselves, saying any so that the internet can remain an court nominees for reasons besides the one Senator should have that right, openly accessible platform for users blue slips. He denied hearings for three through holding a blue slip, to denying and an equal playing field for everyone. nominees in the Fourth Circuit: Steve the Senate an opportunity to vote. Unfortunately, some leaders at the Matthews, Robert Conrad, and Glen Understand, just a few years ago, Federal Communications Commission Conrad. These nominees had two posi- they wanted to abolish 41 Senators disagreed. Despite being given the re- tive blue slips from their home State holding up a nomination, but today sponsibility to make sure they operate Senators, and two were nominated they stand before us and say one Sen- in the public interest when it comes to more than a year before the 2008 Presi- ator ought to be able to do what they our Nation’s communications net- dential election, but even then, Chair- said 41 Senators shouldn’t be able to works, in December, the FCC walked man LEAHY refused to process them. do. I will not allow the blue slip to be away from this important responsi- Chairman LEAHY also refused to act abused in this way. The blue slip is bility and decided to put the needs of on the nomination of Peter Keisler, meant to encourage consultation be- companies ahead of customers. President Bush’s nominee to the DC tween the White House and home State It appears with this administration Circuit, who was nominated in 2006. Ob- Senators. It is not a way for Senators that everything is for sale. That means viously, blue slips were not the reason to have veto power over nominees for public lands, our privacy, and, in this for my predecessor’s decision to stall political or ideological reasons. case, the pathway American families Mr. Keisler’s nomination for more than Finally, I hear a lot these days about use every single day to get on the 2 years since the District of Columbia the President stacking the courts or internet. Led by Chairman Pai, the has no Senators. These decisions al- the Senate rubberstamping nominees. FCC voted for a radical plan in Decem- lowed President Obama then to stack Well, I stand by our process. It gives ber to dismantle net neutrality rules the DC Circuit and also the Fourth Cir- Senators every opportunity to probe and threaten the existence of a free and cuit with liberal judges. deeply into nominees’ backgrounds. As open internet as we know it today. Chairman LEAHY also declined to five nominees from last year will at- This new plan will allow large internet hold hearings for two Sixth Circuit test, not everyone makes it through providers the power to freely block, Court nominees to Ohio seats, even this rigorous scrutiny. I would like to throttle, or manipulate consumers’ ac- though both Ohio Senators had re- bring attention to two recent Supreme cess to the internet in ways that profit turned positive blue slips. The Demo- Court decisions that the Trump admin- the provider. cratic Senators from Michigan asked istration lost. Think about your access to apps and Chairman LEAHY to halt proceedings In Sessions v. Dimaya, the Supreme the internet today, and compare it to on all Sixth Circuit nominees, not just Court held that the government could your access to cable channels. If you those from Michigan. So Chairman not deport an immigrant under a vague want more channels, you put in more LEAHY honored this request and denied statutory provision. The pivotal vote money. Today the internet is open to a hearing to the Ohio nominees, even was cast by President Trump’s own Su- us, and we have access to it. The though the blue slips had been re- preme Court nominee, Justice Neil Trump administration, through the turned. This was the first time ever a Gorsuch. Federal Communications Commission, chairman allowed Senators to halt In another case, Chicago v. Sessions, wants to change that. If you want fast committee proceedings on nominees the Seventh Circuit held that the gov- internet service, you pay more money. for seats in other States. ernment could not deny funding to so- If you want access to certain apps, you As Chairman LEAHY’s example shows, called sanctuary cities. It happens the pay more money. That changes the na- there isn’t just one reason. There are three judges who carried that case were ture of the internet as we have known multiple reasons for any chairman of all appointed by Republican Presi- it. It is a dramatic change in the way the Judiciary Committee to deny a dents. we communicate and gather informa- hearing to a nominee. Likewise, my de- I bring up these cases not because I tion. It is just another bill. cision not to hold hearings for the four agree or disagree with their outcomes Many people are now facing the pros- nominees in 2016 wasn’t based solely on but simply to point out that the fears pect of cable TV shows and other the lack of blue slips. It is simply false, of the President stacking the judiciary things they have to pay more money then, for my colleagues to say I are overblown. Conservative judges for on a pretty substantial monthly changed my blue-slip policy since that apply the law as written, regardless of bill. Now comes the FCC to say: We particular time. the results, but I suppose liberals ex- have another monthly bill for you if As to my decision then to hold a pect their judges to be results-oriented. you want the same access to the inter- hearing on the nominee now before the That is why we can always confidently net today that you had before. Not Senate, Judge Brennan, I was satisfied predict how a liberal judge might rule only does this mean less choice and that the White House adequately con- on a case. Liberal outside groups’ real higher cost for consumers whose access sulted with both Wisconsin Senators. fear, then, is that newly confirmed to content could be determined by The White House sought input from the judges recognize that their role is to what is in the best financial interest of

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None across the country, the internet has and a balance, helping to steer the ju- of us want that to happen to us. given them the ability to reach con- dicial selection process toward the cen- If the Senate votes to confirm Mr. sumers across the globe and compete ter stripe, and it ensures Senators are Brennan, we will be sending a clear sig- against large companies. The innova- meaningfully consulted on judicial nal that home State senators don’t tion and healthy competition that a nominations in their State. matter anymore in the judicial selec- free and open internet allows are essen- Many Senators have established ex- tion process. That is the wrong path to tial to continue pushing our economy pert screening commissions to help go down, but Senate Republicans ap- forward. If the FCC has its way, they evaluate and vet nominees in their pear to be doubling down on this path. are going to create internet fast lanes States. When blue slips and screening Today, in the Judiciary Committee, and slow lanes, where winners and los- commissions are respected, it leads to Chairman GRASSLEY called a hearing ers are no longer determined by how consensus and high-quality nominees. on a 9th Circuit nominee from Oregon, good a business’s product is but by Look at the way the White House Ryan Bounds. This nominee has not re- whether a small business can afford to worked with Senator DUCKWORTH and ceived a blue slip from either home pay in. That is wrong. It is not good for me on filling the two current 7th Cir- State senator, nor does he have the ap- the economy, and it is not good for our cuit vacancies from Illinois. We had proval of Oregon’s judicial selection democracy. good-faith consultation and a sub- committee. I have heard from hundreds of thou- stantive back-and-forth, and the White I hope my Republican colleagues stop and think about how they would feel if sands of Illinoisans who are concerned, House respected our Illinois tradition this happened to them in their home and there is concern all across the of having an expert screening com- States. I hope our example in Illinois country, across party lines. We filed a mittee review and vet candidates. shows that there is a better way—a discharge petition today to take up This process resulted in a pair of ex- path of good faith negotiations that this issue of net neutrality on the floor cellent Illinois 7th Circuit nominees— can lead to compromise while respect- of the Senate. Amy St. Eve and Michael Scudder, ing the Senate’s important traditions We have considered a lot of rules and whom all sides could agree upon. That and home-State practices. regulations from the Obama adminis- is the way it should work. There are other troubling nomina- We know that blue slips and screen- tration. Now we are going to consider tion trends besides the bypassing of ing commissions can help build con- one from the Trump administration. blue slips and home State screening sensus and lead to good outcomes. Yet We are going to see if there is bipar- commissions. Republicans also have this week the Senate is taking major tisan support for net neutrality. been moving very quickly to confirm Senator COLLINS, Republican of steps to abandon these processes. President Trump’s picks for Federal Senator MCCONNELL is calling a vote Maine, has joined us. Will there be judges. For example, last year the Sen- on the floor this week on 7th Circuit more? Are there a number of Repub- ate confirmed 12 circuit court judges, a Wisconsin nominee Michael Brennan. lican Senators who want to stand up record for a President’s first year in of- Mr. Brennan is a controversial nominee for net neutrality and for open access fice. President Trump’s first 15 circuit for America to the internet or do they with a history of troubling statements. court nominees have been confirmed in want to sell off this opportunity to the In particular, I am concerned by his an average of 131 days, including just 20 highest bidders? 2001 National Review op-ed in which he days pending on the Senate floor. This Keeping the internet a place where argued that judges need only follow is a very fast pace. By comparison, content is shared freely and accessed ‘‘correct precedent’’—which suggests President Obama’s first 15 circuit court equally by everyone is important to judges can disregard precedent they nominees took an average of 254 days our small businesses, educators, and don’t agree with. I am also concerned to be confirmed, including 167 days consumers. We are pleading with Amer- by his 2004 Marquette Law Review arti- pending on the floor. ica in the hours before we take up this cle on personal responsibility, in which This fast pace carries risks. Senators measure to log on and tell the Trump he was disdainful of criminal defend- who do not serve on the Judiciary administration to lay off. When it ants who said they had a difficult up- Committee need time to review the comes to net neutrality, it is too im- bringing. records of judicial nominees before vot- portant a value across America to sell The Brennan nomination is con- ing on whether to confirm them to life- at the FCC. troversial on substance, but even more time positions on the Federal bench. Madam President, before the Senate controversial is the way this nomina- This scrutiny is even more important left for last week’s recess, the Repub- tion has been pushed forward. Both in the Trump era, when nominees are lican leader, Senator MCCONNELL, filed Senator BALDWIN and Wisconsin’s bi- often not carefully vetted before they cloture on six circuit court nominees. partisan screening commission were ef- are nominated. Just look at nominees I supported three of these nominees fectively cut out of the process of se- like Brett Talley, who was rushed in the Judiciary Committee—Amy St. lecting this nominee. through the Judiciary Committee and Eve, Michael Scudder, and Joel Car- Mr. Brennan failed to meet the reported on a party line vote before son—and I opposed three of them—Mi- threshold vote of the screening com- many Senators realized his utter lack chael Brennan, Kurt Engelhardt, and mission that Wisconsin’s senators had of qualifications to be a Federal judge. John Nalbandian. I carefully consider set up, but President Trump nominated I understand the need to fill vacan- each nominee’s qualifications and him anyway. Senator BALDWIN has cies in the Federal Judiciary, but we record when I cast my votes. raised serious concerns about Mr. Bren- must not do so at the expense of care- I want to speak today, though, about nan and has not submitted a blue slip ful vetting. the process that Senate Republicans for his nomination, yet Republicans I also want to briefly respond to the are using to move judicial nominations are pressing ahead. This is taking us argument that somehow Democrats are under President Trump. I fear the Re- down a troubling path. being obstructionist when it comes to publican majority is diminishing the I know that Senators in both parties judicial nominees. It is wildly hypo- advice and consent role of the Senate like to quibble over precedents and critical for Republicans to make this in an effort to rush through President point fingers at each other when it argument. Trump’s nominees. That troubles me. comes to judicial nominations, but I Remember, my Republican col- Just look at what Republicans are think all Senators understand that we leagues retired the trophy for judicial doing to the blue slip when it comes to have a fundamental responsibility to obstruction during the Obama Admin- circuit court nominations. our constituents when it comes to fed- istration: Republicans forced cloture For the last century, the blue-slip eral judges in our home States. We filings on 36 of President Obama’s judi- process has worked well. It has encour- must exercise a vigorous advice and cial nominees in his first 5 years-the

VerDate Sep 11 2014 01:34 May 10, 2018 Jkt 079060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G09MY6.024 S09MYPT1 lotter on DSKBCFDHB2PROD with SENATE S2570 CONGRESSIONAL RECORD — SENATE May 9, 2018 same number of judicial cloture filings tion launched an all-out War on Coal. have a fairer system, and we have a as in the previous 40 years combined; There are 84,000 new jobs in mining and system that is much less expensive for Republicans used the tactic of with- logging. American families. Almost imme- holding blue slips to block 18 of Presi- Republicans ended the War on Coal. diately, hard-working Americans start- dent Obama’s nominees; Republicans We struck down a major Democratic ed seeing more money in their pay- refused to support any Obama nominee regulation that would have crippled checks. People got bonuses at work. for three D.C. Circuit vacancies, no the mining industry. We showed indus- People got raises. People are seeing it. matter how qualified; Republicans al- tries like manufacturing, construction, Tax cuts have been good for Amer- lowed only 22 Obama nominees to be logging, and mining that we want peo- ican families, and they have been good confirmed in his last two years—the ple doing these jobs. We want people for the American economy as well. The fewest judicial confirmations in a Con- back to work. Employers have re- Congressional Budget Office says that gress since President Truman; and Re- sponded all around the country by hir- the economy is going to grow by more publicans blocked Supreme Court ing more people, and that makes the than 3 percent this year—by more than nominee Merrick Garland from even economy grow. 3 percent. That is much faster than it having a hearing. So far Republicans in Congress have was growing for the previous years Senate Republicans often opposed gotten rid of 16 major regulations since after the recession. The office actually President Obama’s nominees simply President Trump took office—wiped went back and increased their esti- because it was President Obama who them off the books completely. We mates for economic growth. Why? Be- nominated them. In contrast, Senate have shown that Republicans are seri- cause of the tax relief law, the tax Democrats simply want to ensure that ous about cutting redtape and loos- cuts. nominees are adequately vetted, well- ening Washington’s stranglehold on Wages are up nearly 3 percent from a qualified, non-ideological, and in the our economy. Because we got rid of year ago. People are seeing it all across judicial mainstream. these rules, Americans have saved as the country. Again, that is much faster We have the ability to make the much as $36 billion over time. That is growth than we had under the previous nominations process work in a con- the cost for families and businesses administration. When you figure in sensus way. We have done it in Illinois. jumping through the hoops and filling lower taxes, people’s real take-home I hope we can do it across the country. out the paperwork that government pay is up even more. Let’s start by keeping the blue slip. had previously demanded. Democratic policies led to stagnant Sometimes it can be frustrating-we The latest one of these regulations wages for Americans. Republican poli- saw that when Republicans used blue that were repealed was just last month. cies have allowed wages to grow much slips to block 18 of President Obama’s Republicans in the Senate passed a res- more quickly. Millions of people have nominees. But it is a tool that compels olution to help save people money gotten new jobs that didn’t exist be- us to find consensus. Let’s keep that when they are shopping for a car. We fore. Millions of other people have been tool. got rid of a rule that the Obama admin- able to switch jobs, move up in their I urge my Republican colleagues to istration had written to restrict how careers, and make more money. vote no on the nomination of Michael car dealers handled financing offers to Overall, hiring this past month, Brennan, both because of his troubling buy a car. The rule was done in a way April, went up by 20 percent compared record and because of what his con- that was actually contrary to the law. to April of last year. It is a huge in- firmation would mean for the future of It also had the potential to limit crease. A lot of these jobs are being the blue slip. I urge my colleagues to choices for consumers. We want con- created by small businesses. vote for nominees like Amy St. Eve sumers to have more choices. Repub- Last week was Small Business Week and Michael Scudder whose qualifica- licans in the Senate voted to get rid of across America. I visited a number of tions are outstanding, who were se- this unnecessary, burdensome regula- business owners across the State of lected through a good process, and who tion. Wyoming. Small business owners know have both home State Senators’ sup- President Trump has been very ac- that the government can either create port. tive in getting rid of excessive regula- opportunity or crush opportunity, I suggest the absence of a quorum. tions as well. One of the first things he based on regulations, mandates, and The PRESIDING OFFICER. The did as President was to issue an order taxes. That is the kind of change that clerk will call the roll. cutting redtape. He said that for every is possible under Republican pro- The bill clerk proceeded to call the significant new rule any agency wanted growth policies—creating opportuni- roll. to write, it had to get rid of two rules. ties, not crushing opportunities, as we Mr. BARRASSO. Mr. President, I ask For every one new rule, get rid of two. have seen before. It is things like a na- unanimous consent that the order for That is how this administration has tional economy that is growing larger the quorum call be rescinded. made a difference in Congress. and growing faster that the American The PRESIDING OFFICER (Mr. COT- The results so far have been even bet- people are seeing today. Their lives are TON). Without objection, it is so or- ter than anyone had expected. The non- better today than they were in 2016. It dered. partisan American Action Forum has is things like a small business being THE ECONOMY been tracking the numbers. This is free to expand because it doesn’t have Mr. BARRASSO. Mr. President, last what they said. They looked at all the to waste so much time and money on Friday, we got new numbers from the rules that agencies have been working taxes and paperwork and government Labor Department in terms of jobs and on for the fiscal year we are in now— redtape—things like making sure how American workers are doing. The since last October. Agencies have cut America takes less money out of peo- unemployment rate is now down to 3.9 35 major regulations of the kind the ple’s paychecks, letting people keep percent. It is the lowest it has been in President was talking about—cut 35. more of their hard-earned money. 17 years. One analyst from the network At the same time, they have written When you have policies that make CNBC said: ‘‘That’s a wow number.’’ only five new major regulations. Major life easier for families and for busi- The American economy has created 3 regulations are defined by how much nesses, good things happen across million jobs since President Trump money it costs people. President America. People in my home State of took office. There are 3 million Ameri- Trump said that he would cut two for Wyoming get it. They are seeing it, cans who are now earning a paycheck every one new regulation, but so far, in they are experiencing it, and they are instead of waiting for a government terms of major regulations, he has cut living it every day. They understand check. We have gotten 304,000 new man- seven for every new one. that what Republicans are doing in ufacturing jobs since President Trump Of course, one of the most important Congress helps them at home. That is took office. There are 352,000 new con- things Republicans have done in help- why we are going to keep doing what struction jobs and 84,000 new jobs in ing the economy—in addition to the we are doing, and we are going to keep the mining and logging industries. regulations—has been passing the tax going on. We are going to keep cutting Compare this to when Democrats in relief law. This law means that we now regulations. We are going to keep Congress and in the last administra- have a simpler tax system. We now building an ‘‘America First’’ economy

VerDate Sep 11 2014 01:34 May 10, 2018 Jkt 079060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\A09MY6.003 S09MYPT1 lotter on DSKBCFDHB2PROD with SENATE May 9, 2018 CONGRESSIONAL RECORD — SENATE S2571 that is strong, that is healthy, that is $2,000 for a median-income family in they are not showing up in the unem- growing, so it can create more opportu- Ohio just from the tax cuts this year ployment numbers. The number of 3.9 nities for everyone. That is what Re- alone. percent—again, the best since 2000—is publicans have promised to do. It is Again, small businesses are investing all good news, but that is not the real what we should be doing. It is what we more. Companies are doing everything number. I say that with respect be- are going to do. It is what we are going from investing in people, with bonuses cause the Bureau of Labor Statistics to continue to do. It is what we are de- and higher pay and better 401(k) does the best it can, but it can’t in- livering in Congress and in the White matches, to investing in equipment and clude the people who aren’t trying to House for the American people. technology and, therefore, in the pro- find work. Those people are outside of I yield the floor. ductivity of those workers, which will the workforce. What the economists I suggest the absence of a quorum. lead to better economic performance. call this is a low labor force participa- The PRESIDING OFFICER. The So those things are happening. tion rate—in other words, the low per- clerk will call the roll. On the regulatory front, I also think centage of Americans who are even The bill clerk proceeded to call the that much of what we have done in showing up. That concerns me a lot be- roll. Congress is beginning to help. This in- cause, one, obviously, it is hurting the Mr. PORTMAN. Mr. President, I ask cludes 16 different times when Congress economy. You have this huge pool of unanimous consent that the order for has said we shouldn’t have this new workers out there. There are 8.5 mil- the quorum call be rescinded. regulation that was put on by the lion men between the ages of 25 and The PRESIDING OFFICER. Without Obama administration at the end of his 55—able-bodied men—who are in this objection, it is so ordered. term. Rather, we ought to free up the category. They are unemployed, yes, Mr. PORTMAN. Mr. President, first, economy more—over $60 billion, by the but they are not even looking for work I want to talk about our growing econ- way, of relief to our economy. That is so they are not showing up in these omy. I listened to my colleague’s com- helping. numbers. When you add women and ments, the Senator from Wyoming, I think it is also very helpful, as Sen- men together, it is millions of Ameri- about the importance of the tax legis- ator BARRASSO said, that with regard cans. So we need them in the economy lation. I couldn’t agree with him more. to the administration, there is a new now because it is important for these I think it is stimulating not just eco- attitude, which is, yes, we need rules small businesses I am talking to in nomic growth but higher wages and and regulations, and let’s make sure Ohio who are looking for people. more jobs. I also want to talk about they make sense, and let’s make sure Even more concerning to me is what the need for us to connect to those jobs we partner with businesses and try to is happening to these people and to the Americans who are not currently help them comply with those rules and these families, because they are not employed. Then I want to talk about regulations rather than have an atti- getting the dignity and self-respect some very shocking, new information tude of saying: Let’s try to find out that comes from work. They are not we have about why people are outside how we can punish businesses for not able to achieve whatever their goal is of the workforce. complying. I think that difference in life, their piece of the American We just had a good jobs report from alone may be even larger than what we dream. They are missing out. They are April. It showed a steadily growing have done in Congress, in terms of on the sidelines. economy. It showed unemployment at passing this legislation to eliminate The 3.9 percent unemployment rate, 3.9 percent. That is the official number, regulations, because that attitude by the way, is not a real number. Why but that is the lowest the official num- change has helped, particularly, small do I say that? Because if you go back ber has been since the year 2000. businesses in my State feel like, OK, to the normal labor force participation In my home State of Ohio, there was they have an opportunity now to be rate—we are talking about people actu- a recent survey done by PNC Bank—it able to take a risk—to take a chance— ally working in our workforce in more has been doing this for 9 years—that to invest in work. They are not think- normal levels—the unemployment asked small- and mid-sized companies: ing the Federal Government is out number would be far higher. How high What is your level of optimism about there to get them. would it be? Go back to the year before the future? They said their business op- I see that, and I am really happy to the great recession when we had a timism has been at record levels for see it because it is not, again, just more traditional workforce participa- the past 9 years. So there is something about growing the economy. Over the tion rate. With that labor force partici- going on that is very good in the econ- past few months, if you have looked at pation rate attached to today’s econ- omy. the numbers, for the first time in real- omy, the unemployment number would If you talk to the small business ly a decade and a half, we have seen not be 3.9 percent. It would be 8.6 per- community, the National Federation of wages starting to go up in my home cent. Independent Business survey shows the State and around the country. That is If we were to talk about an 8.6 per- same thing, not just optimism but also what we should all want. cent unemployment rate, we would all a sense that companies are getting Let me talk about something that be very concerned; wouldn’t we? We ready to invest even more. So there are concerns me greatly about the direc- should be very concerned because that some good things going on in our econ- tion in which we are going—again, is the real number. We need a more omy. positive. The economy is picking up. concerted effort to get all of those This week, the Ohio Chamber of Com- Things are going well. Workers whom I Americans back to work for all the merce issued its own report, and it talk to are happy with the tax bill be- right reasons. shows something interesting, which is cause it is helping them both directly So who are they? It is a complicated that three out of four businesses in with their families and through the question. No. 1, there are people who Ohio are saying they want to add peo- benefits they are getting at work. Yet don’t have the skills that meet the ple—three out of four. More than half what I am hearing is, the workforce is needs out there. So today, in Ohio, if of them said they want to add more really the challenge. When you look at you go on OhioMeansJobs, our website, than 25 people. I was just home and had that, you come up with a shocking sit- you will see 140,000 jobs being offered, a lot of interaction with small business uation, in which the reason there and yet there are 250,000 people out of people over the last week. I can’t go to aren’t people showing up for work is, work. You will see that a number of a business in Ohio where I don’t hear we have a record number of men and these jobs require a certain level of people talking about the need for a probably close to a record number of skill. qualified workforce. They tell me, yes, men and women—you would probably People are looking for welders. Peo- the tax bill is helping—no question have to go back to the 1970s to find ple are looking for technology exper- about it. It is helping middle-class fam- these kinds of numbers—who are out of tise, including coding. They are look- ilies throughout my State. Ninety per- the workforce altogether. ing for people in the biosciences or the cent of Americans are getting pay- Now, what does that mean? healthcare professions, where you have checks that read Uncle Sam is going to This means they are not working, to have a certain level of skill. What withhold less money—on average, and they are not looking for work so workers are finding in Ohio is that if

VerDate Sep 11 2014 01:56 May 10, 2018 Jkt 079060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G09MY6.025 S09MYPT1 lotter on DSKBCFDHB2PROD with SENATE S2572 CONGRESSIONAL RECORD — SENATE May 9, 2018 they don’t have those skills, it is hard high tax to pay. That is good, but we a great record doing it. They got a loan to get those jobs. So there is a skills could do more to assure that people and grant money from the Federal gap—there is no question about it—and who are willing to make that step out Government, including the Department we should be addressing that. of welfare and into work are not penal- of Labor. It is a program that is work- In Congress we have a great oppor- ized by this tax cliff. I think the de- ing very well to give people the ability tunity to do that through some rel- pendency trap is also part of the issue to get a job and to get out of the trap. atively commonsense legislation. One for this unprecedented level of people In this case, a lot of them have felony measure is called the JOBS Act—a who are outside of the workforce alto- records, and they are able to take care great name. The JOBS Act says quite gether, and we need to address it. of their families and be productive citi- simply that if you are able to get a Pell I think there should be more work re- zens. There are very encouraging sto- grant for college, shouldn’t you also be quirement programs for able-bodied ries there. able to get a Pell grant for a short- Americans who are on these depend- There is the skills training, which we term training program? This is because ency programs. I think that would help talked about, and the dependency trap, what employers will tell you is that partly to give them the work experi- which we talked about. For the people they don’t need a 2-year training pro- ence to get the dignity and self-respect who are coming out of prison at very gram or somebody with a 4-year college that comes with work as they step into high numbers now and who have this degree. What they need is someone welfare-to-work transition. So that background, we need to be sure that willing to go through a training pro- certainly is another issue. So it is the those people are getting engaged and gram to get the ability to learn how to skills training and the dependency getting into work. weld or the ability to learn how to code trap. Let me tell you what I think is the or even to go through a commercial Another issue that I think is very No. 1 reason we have these historic lev- driver’s license program. All these pro- clearly out there is that we have a lot els of people who are on the sidelines grams can be accomplished in less than of people in America who are getting outside of work. It will not surprise 15 weeks, and you can get people to out of prison or jail. Some of them some of you because you are involved have a record that makes it hard for work. But guess what. You can’t get a with this, like my colleagues here in them to get a job. Let’s be honest. We Pell grant for a course that is less than the Chamber, including the chairman have record numbers of people behind 15 weeks. of the Governmental Affairs Com- So our goal with the JOBS Act is bars. It started in the 1980s, when we mittee, who has now arrived and has very simple. Let’s level the playing wanted to lock people up for lots of been very involved in this. It is the field. Let’s give an opportunity to good reasons because of the violence or opioid crisis. those young people who may not serious crimes they were committing. The numbers are shocking of those choose to go to college, at least now, But 95 percent of the people in prison people who are out of work altogether. are someday going to get out of prison. but who understand that those jobs are They are on the sidelines, not even try- When they do get out, we need to pro- out there. We are talking about good- ing to get into work. They are people vide a better transition for them to get paying jobs, making $40,000, $50,000, who would lead our unemployment to work. Why? Because right now more $60,000 a year. They are waiting out numbers to be really more like over 8.5 than half of those people are back in percent rather than 3.9 percent. They there right now. These jobs are open. the system within a couple of years. are millions of Americans, over 8.5 mil- Let’s give them the ability—because That makes no sense for anybody, par- lion men between the ages of 25 and they are low-income families, and they ticularly for those who are subject to 55—able-bodied men. Of those people, can’t afford these training programs— the crimes that might be committed based on two recent studies, about half to take advantage of Pell grants as and to the taxpayers who are paying of them are taking pain medication on they would if they chose to go to a 4- $35,000, $40,000, or $45,000 a year, when a daily basis. When asked in one of the year college or university or a 2-year you include incarceration, the prosecu- studies, it was found that two-thirds of college for a number of years. tion, and the additional costs that are them said it was prescription medica- Senator KAINE and I have introduced associated with that. tion. this legislation with a bipartisan So should we do more there? Yes. What does that mean? That means group. We think it is something we There is legislation supporting that. I that we have a huge problem in our ought to do right away. Who are these think it is called the Fair Chance Act. country of opioid addiction, and that is people? People with a skills gap. That It says that when somebody applies for keeping people out of the workforce al- is one specific idea—just one of many a job with the Federal Government, for together, tearing apart those families that would get people the skills they example, they have to be allowed to go and causing crime in our communities. need. through the process even though they The No. 1 cause of crime in my State No. 2, there is something I would call may have a felony record. Why? Be- of Ohio is the opioid epidemic. People the dependency trap. These are people cause you want to give them a fair are involved in things they would never who are on a government dependency shake, not just take the resume and dream of except for the fact that they program and they are not working. put it in the circular file and toss it be- have this addiction. It is shoplifting, When they look at going to work they cause you see a felony record. We have thievery, and fraud. It is an issue that see two things. One, they see a reduc- to give some of those folks a chance. affects every part of our community. tion in their benefits. That is pretty I was at a great program in Ohio last The point I wish to make more strong- obvious. But second, they see an in- week. It is called the Flying HIGH ly is that it is affecting our labor mar- crease in their taxes. Now the tax bill welding school and the GROW Urban ket in a huge way. actually helps here, because it actually Farm. Their job is to teach ex-offend- One study by the Brookings Institu- reduces taxes for those at the bottom ers a skill. They teach people how to tion says that 47 percent of men are of the economic ladder. work. A lot of them have not had a job taking pain medication on a daily Specifically, I will state—because I before. Specifically, they teach them a basis. That is not being over-reported— asked the Joint Committee on Tax- welding skill that is badly needed in I will guarantee that—because of the ation about this, and they gave me an Northeast Ohio right now. stigma attached and the legal con- official response—that 3 million Ameri- Their placement record is unbeliev- sequences for some of these individ- cans who currently have income tax li- able, and their recidivism rate is so uals. So I think that 47 percent has to ability based on last year’s Tax Code— low. They are not only placing people be viewed as a relatively low number. in other words, the code that was into jobs, but they are working with But isn’t that shocking if it were 47 changed at the end of last year—no businesses in what is called a junior ap- percent? longer have any income tax liability. prenticeship program, where the work- Another study by the Bureau of That is good because it will help with place is actually working with the Labor Statistics, in the Department of this transition from welfare to work, welding shop to give people work expe- Labor, stated that 44 percent had taken because although people may be losing rience. pain medication the previous day. those benefits, some people will not see They are keeping people from going Now these numbers should be a wake- that cliff where they have a relatively back into the prison system. They have up call for us here in this Chamber, and

VerDate Sep 11 2014 01:56 May 10, 2018 Jkt 079060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G09MY6.027 S09MYPT1 lotter on DSKBCFDHB2PROD with SENATE May 9, 2018 CONGRESSIONAL RECORD — SENATE S2573 it should be a wake-up call to every- the local level, in our communities, in its sleeves and get involved in a cre- body, including the business commu- our families, and, ultimately, in our ative, innovative project like that. nity. As I go around my State, I am hearts. We can get the business com- Second, over the years, back in the seeing firsthand what the Ohio Cham- munity more engaged, as an example, 1980s and into the 1990s, there was sig- ber of Commerce reported this week: by pointing out statistics: If you are nificant private sector participation in Three out of four businesses want to looking for more workers, you are a prevention and education program. add workers. Half of them want to add going to have to deal with this issue. Now, locally in my State of Ohio, some up to 25 workers, and they can’t find Many workers are not able to pass businesses are starting to think about workers. You have millions of people at the drug test. So that is something the how they can do this more effectively, historic levels who are outside the business community does understand. I believe, nationwide. Columbus is workforce altogether, leading to an un- In fact, I just left a group of employers coming up with some very good ideas. employment number that should be 8.5 from Ohio about an hour and a half ago We need significant investment from percent, instead of 3.9 percent. in my office, and I asked them the the private sector in a national mes- How do you get them back in? I same question I asked of employers in saging program, a prevention and edu- think those three things we talked our State: How many people can pass cation program. Back then, it was TV about today are important, but, unfor- the drug test who show up? The answer ads. You may remember the ‘‘Just Say tunately, given the opioid epidemic in was that about 30 percent can pass. An- No’’ program and other programs on my State of Ohio and spreading around other said: 50 percent are not passing. prevention under President Reagan. the country, I think this is probably These are different kinds of businesses. Some of those ads were very effective. the single largest problem that we face. The second is a more heavily manufac- Some of you may remember the ad What are the solutions? turing business. So there are people ‘‘This is your brain. This is your brain We have made major strides in the with lower incomes or lower wages and, on drugs,’’ with fried eggs being cooked past year in this Chamber. We passed therefore, lower income individuals. in a pan, which is your brain on drugs. the Comprehensive Addiction and Re- But the point is that it is a huge prob- It is not going to be TV ads today. covery Act. We passed the Cures legis- lem passing the drug test. There will be some TV. I hope it will be lation. We are now working on addi- What I say to them, which is what I broadcast media in various ways. But tional legislation called Comprehensive will say today, is that it is bigger than there will be a lot of online commu- Addiction and Recovery Act 2.0. that. There are millions of Americans nication because that is where most We are doing things we have never not even showing up to take the drug people are getting their information, done before in terms of funding, recov- test. They are sidelined, and we have to particularly younger people. It should ery, treatment, prevention, and edu- deal with this opioid epidemic. be a concerted effort that is based on cation, and we need to do more. We So what should the business commu- good research, good science. have begun the process of turning the nity do? What is the prevention message that tide, I believe, by some of this legisla- I have three ideas. One idea is to roll works out there? Part of the preven- tion. up your sleeves and get involved in tion message that works with some We need to do more on the law en- your community on projects that do young people I talked to is the fact forcement side. We have legislation work. There is one in Columbus, OH, that all these street drugs are subject called the STOP Act, which simply called the Maryhaven Addiction Sta- to the possibility of fentanyl being in- says that with regard to the most dif- bilization Center. The business commu- cluded in them. Some people are tak- ficult problem we now face in Ohio and nity got engaged. They took $1 million ing drugs they would never think were around the country, which is synthetic from the CARA Act. They leveraged dangerous and yet becoming addicted opioids—think fentanyl or that for foundation money. They have through fentanyl. So there is now a carfentanil—let’s at least stop the Post a place where they have a great success danger out there, with any street drug, Office for being a conduit for its com- rate getting people from overdosing of ruining your life. ing into the country, because that is and the application of this miracle But there is a broader prevention what is happening. drug Narcan, which can reverse the ef- message that we need private sector All the studies show—including the fects of the overdose, and then go into help. This place, again, has authorized study we just did in our committee, treatment. Unfortunately, in most more money for this. There is $10 mil- spending a year studying this—that parts of the country, of the people who lion in CARA 2.0 for a prevention and fentanyl is coming through the Postal are revived by Narcan, the vast major- education program. That is good, but it Service—mostly from China, by the ity go back into the same environment. is going to take more than that. The way—and poisoning our communities. Here they have been able to figure out business community and the private In Ohio, two-thirds of our deaths in a way to have those who are overdosing sector have a strong interest in this for Franklin County last year were from get to a central location where, right so many reasons. One, as we have fentanyl. Sixty percent of the deaths in there, where the detox center is, there talked about today, is to have the the State of Ohio as a whole the year is a door you walk through with 50 beds workforce they say they desperately before were from fentanyl. That is the to get people into treatment. They need. biggest problem we have right now. claim an 80-to-90-percent success rate There are other opportunities for the Just as we were making progress on in getting people into treatment. Do business community to get involved. prescription drugs, then, heroin comes they stay in treatment? Not all of Walgreens recently took a step that I along. Just as we were making progress them. thought was very important to limit on heroin, then, synthetic heroin But that is the first big gap I see in the number of days on prescription comes along. It is cheap and incredibly the system. People fall out of the sys- drugs. Every single business that has a powerful. Three flakes can kill you. It tem. Narcan is applied by the first re- healthcare program has an opportunity is being spread on other drugs, such as sponders. They do the best they can, to be involved in this and say: Let’s cocaine, crystal meth, and marijuana, but it is not their job to get them into limit prescriptions. Probably 8 out of which last week law enforcement in treatment. People go back to their 10 people who overdose from heroin or Ohio just confirmed. Can we do more? community and overdose again and fentanyl today started with prescrip- This is a big issue, but, yes, we are again. Talk to your EMS personnel and tion drugs in terms of the opioid that starting to take some steps. police officers. I assume they will tell got them started with their opioid ad- Where we perhaps have an oppor- you the same thing they tell me. diction. There still is overprescribing tunity that we are not taking advan- The business community was in- with regard to prescription drugs. Have tage of is to get the private sector and volved in that thinking. Let’s look at we made some progress? Yes. the business community to get in- this as a business process. How can we Our new legislation, by the way, volved in this effort, because Wash- help to change this obvious problem we CARA 2.0, has a 3-day limit on pre- ington can and should do more, but the have in the current way that people scription drugs for acute pain—not problem is not going to be solved in who overdose are treated and taken chronic pain but acute pain from an ac- Washington. It is going to be solved at care of? Every business ought to roll up cident, an injury, or a procedure that

VerDate Sep 11 2014 01:56 May 10, 2018 Jkt 079060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G09MY6.028 S09MYPT1 lotter on DSKBCFDHB2PROD with SENATE S2574 CONGRESSIONAL RECORD — SENATE May 9, 2018 you might have. We have that in there Becoming a Seventh Circuit judge that—fewer than one-tenth of 1 percent because the Centers for Disease Control will not be a huge adjustment for Mike of the litigants decided to go with an- has new guidance out that shows that because he has already spent 9 years as other judge. That is an extremely tell- after the third day, the chances of ad- a judge. Anyone who spends time with ing statistic about his even-keeled diction rise significantly. For the vast Mike will be struck not only by his in- temperament, his neutrality, and his majority of pain associated with acute tellect but by his humility and strong legal skills. procedures, 3 days is plenty. In fact, for commitment to justice and the rule of Judge Brennan’s low reversal rate many acute episodes, no opioids at all law. This explains why the attorney also demonstrates his commitment to are needed as long as you use other general of Wisconsin and the State’s following the law and his dedication to pain medication. public defender—fierce adversaries in performing his job with excellence. In That is something every business the courtroom—were able to come to- 2005, out of 240 trial judges, Brennan that provides healthcare can do. Every gether to write a letter enthusiasti- was the most affirmed judge in the en- business that has a pharmacy can say: cally supporting his nomination. I have tire State of Wisconsin. He was No. 1 Let’s limit those prescriptions our- a sense those two don’t often agree, but out of 240. Of the 9,000 cases Mike heard selves. They don’t need a government when it comes to who they want decid- as a judge, he was reversed in only a program to do that. There doesn’t need ing their cases, they both point to handful of cases—fewer than 20—and in to be a government edict or mandate to Mike. some of those, the Wisconsin Supreme do that. They can just do it. By the way, that is just one of many Court ended up reversing the court of I know this issue of the workforce is letters that influential members of the appeals and reinstating Brennan’s frustrating to a lot of employers out legal community in Wisconsin have original decision. there. I know that the benefits of a written in support of Mike’s nomina- As final proof of the strong bipar- great tax bill are creating more eco- tion. Included in the outpouring of sup- tisan support Michael Brennan enjoys nomic opportunities. A better regu- port are letters from 2 former Federal within Wisconsin’s legal community, latory environment is providing real defenders, 5 former U.S. attorneys, let me provide more extensive quotes relief and is growing the economy in more than 40 judges, and 15 former from a letter of support my office re- such positive ways. Wages are starting presidents of the State Bar of Wis- ceived from former Milwaukee County to go up. We see economic growth num- consin, Democrats and Republicans— district attorney E. Michael McCann. bers that are very encouraging, show- all joining together to support Michael Mr. McCann is a lifelong Democrat who ing that, in fact, this legislation is cre- Brennan’s confirmation. served as the elected district attorney ating more economic growth and there- One letter, signed by over two dozen of Milwaukee County for 37 years. He is fore more revenue, higher wages—the Wisconsin judges from across the polit- recognized as one of the most distin- things we all hoped would happen. The ical spectrum, sheds light on the kind guished and accomplished district at- investment is happening. We are not of judge Mike has been and will con- torneys in the entire country. This is going to be able to take advantage of tinue to be. It states: what Mr. McCann had to say about all of that if we don’t have the work- To the litigants who appeared before him, Mike Brennan on first working with force out there. Judge Brennan was a wonderfully kind and Mike Brennan: patient judge with a humble demeanor. When we have millions of Ameri- Key personnel in our office and I, in short cans—8.5 million men between 25 and Another letter attests that those order, became impressed with Mr. Brennan’s 55, able-bodied, as an example—who are same qualities have now made Judge high energy, his mastery of the law, his in- on the sidelines, not even showing up Brennan one of the most sought-after tegrity, and his good judgment. As an assist- to look for work, we are not going to mediators and arbitrators in Wis- ant district attorney, he was assigned to be able to fulfill our potential in this consin. I am sure the litigants in the some very challenging cases. Mr. Brennan country for our economy and for them Seventh Circuit will have the same ex- continued to exhibit those qualities of schol- and for their families to achieve their perience and reaction to his hearing arship, integrity, and judgment which had initially earned him our respect. God-given purpose in life, to have the their cases. dignity and self-respect that come In this climate that has On Brennan’s work as counsel for from work. hyperpoliticized the judiciary, I want Wisconsin’s truth-in-sentencing com- We listed four very specific issues to bring my colleagues’ attention to mittee, Mr. McCann said: today, how we need to address this one very important paragraph in the Mr. Brennan provided splendid research issue of people who are sidelined, who letter supporting Mike that was signed and appropriate materials to the committee are not in the workforce, but the one by Wisconsin judges. It reads: and with his gracious manner moved the committee through its very substantial Finally and significantly, Mike is not an that I think probably has the most im- workload so felicitously that the contentious ideologue, and he has never worn his politics pact is the final one, and that is deal- disputes I and others had expected simply on his sleeve. You could ask any number of ing with this opioid crisis. Unless and did not occur. until we do that, we will continue to lawyers who appeared before him, or his col- leagues who worked alongside of him, and On Brennan as a judge, McCann— see people fall between the cracks, and they will confirm that Judge Mike Brennan whose office had lawyers before Judge we will see ourselves as a country not never let his personal, religious, or political Brennan every day—said: meet our potential. views influence his legal decision in any Mr. President, I yield the floor. He was an excellent judge in all regards. case. He is brilliant, experienced, hard work- He was properly respectful of lawyers, wit- The PRESIDING OFFICER. The Sen- ing, and fair-minded. Rest assured, they nesses, victims and of the rights of defend- ator from Wisconsin. don’t come any better than Mike Brennan. ants. His courtroom was a model of judicial Mr. JOHNSON. Mr. President, I rise I agree with that assessment. We all decorum. In jury trials and trials to the today to encourage all my Senate col- know that type of bipartisan praise court and in the hearing of motions, he was leagues to vote to confirm Michael isn’t given; it is earned. In Mike’s case, thoughtful, patient, knowledgeable, and Brennan as a judge on the U.S. Court of his longstanding dedication to law and scholarly. He had mastery of the law and was Appeals for the Seventh Circuit. Mi- public service, coupled with his ability cognizant of the problems in the justice sys- chael Brennan has an exemplary re- and temperament, has won him the tem. He was fair, unbiased, devoid of preju- sume, including degrees from the Uni- dices and committed to justice. The com- support of many Democrats and Repub- paratively very few motions for change of versity of Notre Dame and North- licans in Wisconsin, and it has earned judge filed in his court quietly speaks elo- western University School of Law, two him the rating of unanimously ‘‘well quently of the perceptions of lawyers and Federal clerkships, work as a pros- qualified’’ by the American Bar Asso- litigants that they were receiving justice ecutor, and almost a decade on the ciation. Let me cite a few statistics to from him. State trial court bench before return- prove the ABA rating is well deserved. Mr. McCann finished his letter by ing to private practice. His accomplish- In Wisconsin, a party can ask for a saying: ments in practice are noteworthy, but different judge, and they can make this I urge you to confirm this nomination. Mi- I would like to focus my remarks today request for any reason. Of the 9,000 chael Brennan is an honorable man of im- on Mike’s commitment to public serv- cases Mike heard as a judge, fewer than mense integrity, ideally qualified by fine in- ice and his reputation as a jurist. one-tenth of 1 percent—let me repeat tellect, even disposition, extensive judicial

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This strong endorsement is not from Only two Chairmen—Senators James East- 1981–1987—CHAIRMAN STROM THURMOND—COM- a Republican; it is from a lifelong Dem- land and Patrick Leahy—strictly required MITTEE COULD CONSIDER NOMINEES WITH A positive blue slips from both home-state sen- NEGATIVE OR UNRETURNED BLUE SLIP ocrat who is one of the two longest ators before proceeding on a nomination. serving district attorneys in any major Chairman Strom Thurmond announced Senators Edward Kennedy, Strom Thur- that he would continue Senator Kennedy’s city in America. mond, Joseph Biden, and Orrin Hatch adopt- Based on this record, based on those blue slip policy and clarified that he would ed policies that were more consistent with assume a blue slip that remained unreturned endorsements, I am hopeful that when pre-Eastland policies, in which the lack of after seven days meant there was no objec- my Senate colleagues fully study his two positive blue slips did not necessarily tion. Chairman Thurmond proceeded on sev- background and see the same virtues prevent action on a nomination. (Senator eral nominees when senators returned nega- that garnered such ringing endorse- Arlen Specter did not announce a blue slip tive blue slips. ments, their review will produce a policy during his two-year tenure as Chair- In 1981, the Committee held a hearing and man.) But Senators Biden and Hatch also moved John Shabaz to the Senate despite a strong bipartisan vote to confirm Mi- emphasized the need for the White House to chael Brennan to serve as judge on the negative blue slip from Senator William have engaged in consultation with home- Proxmire of Wisconsin. Shabaz was con- U.S. Court of Appeals for the Seventh state senators before they would allow a firmed to a district court seat. Circuit. nomination to proceed without two positive In 1982, the Committee held a hearing and Mr. President, that concludes my blue slips. moved John L. Coffey to the Senate despite prepared remarks about what a quality 1917–1956—ALL 11 CHAIRMEN—COMMITTEE COULD a negative blue slip from Senator Proxmire. judge and jurist Judge Brennan would CONSIDER NOMINEES WITH A NEGATIVE OR Coffey was confirmed to the Seventh Circuit. be, but I just have to say that I am UNRETURNED BLUE SLIP In 1983, the Committee held a hearing and very disappointed at the partisan na- The blue slip was instituted during the reported the nomination of John P. Vukasin, ture of the cloture vote. It was unfor- 65th Congress by the Chairman of the Senate Jr. despite California Senator Alan Cranston Judiciary Committee to obtain the opinions returning a negative blue slip. The Senate tunate that it was completely party ultimately confirmed Vukasin to a district line for somebody who, as I have de- of senators on the nominees to federal courts located in their home states. The policy of court seat. scribed, has bipartisan support within all 11 chairmen for the next nearly forty In 1985, the Committee held a hearing on the Wisconsin legal community. years was that the return of a negative blue the nomination of Albert I. Moon, Jr. despite The Judiciary Committee majority slip did not preclude the Committee’s further both Hawaii senators returning negative issued an excellent memorandum dated consideration of a nominee. For example, in blue slips. November 2, 2017. I would like to dis- 1917, Senator Thomas Hardwick of Georgia 1987–1995—CHAIRMAN JOSEPH R. BIDEN, JR.—COM- cuss and address the primary objection returned a negative blue slip on a nominee MITTEE COULD CONSIDER NOMINEES WITH A that led to that unfortunate party-line for the Southern District of Georgia. The NEGATIVE OR UNRETURNED BLUE SLIP vote on cloture. I am really hoping our Committee nevertheless reported the nomi- Chairman Biden articulated his blue slip nee negatively to the Senate, where the colleagues on the other side of the aisle policy in a letter to President George H.W. nominee was rejected. In 1936, Senator Theo- Bush shortly after his inauguration: will take this to heart and take the dore Bilbo of Mississippi objected to a Fifth The return of a negative blue slip will be a background—the bipartisan support Circuit nominee, but the Committee never- significant factor to be weighed by the com- from the Wisconsin legal community— theless reported the nominee to the Senate, mittee in its evaluation of a judicial nomi- when they cast their final vote on con- where he was confirmed. nee, but it will not preclude consideration of firmation. 1956–1978—CHAIRMAN JAMES O. EASTLAND—AL- that nominee unless the Administration has Mr. President, I ask unanimous con- LOWED A NEGATIVE OR UNRETURNED BLUE not consulted with both home state Senators sent to have printed in the RECORD the SLIP TO BLOCK A NOMINEE prior to submitting the nomination to the Judiciary Committee’s November 2, Chairman James O. Eastland changed the Senate. Chairman Biden proceeded on the nomina- 2017, memorandum. Committee’s blue slip policy so that a nega- tive blue slip or the failure to return a blue tion of Bernard Siegan to the Ninth Circuit There being no objection, the mate- despite Senator Cranston’s return of a nega- rial was ordered to be printed in the slip by one home-state senator was consid- ered an absolute veto of a nomination. tive blue slip. The Committee rejected RECORD, as follows: It is not precisely clear why Chairman Siegan’s nomination by an 8-6 vote. Like- To: Members of the News Media Eastland adopted this policy. But some wise, Chairman Biden proceeded on the nom- From: Senate Judiciary Committee Majority scholars maintain that its purpose was to ination of Vaughn R. Walker despite Senator Date: November 2, 2017 empower federal courts in the South to re- Cranston’s return of a negative blue slip. Al- Re: History and Context of the Blue Slip sist implementation of Brown v. Board of though Chairman Biden said that Cranston’s Courtesy Education. Villanova Law Professor Tuan opposition would ‘‘affect Walker nega- tively,’’ the Committee held a hearing and HIGHLIGHTS Samahon explains, ‘‘[w]hen segregationist reported Walker to the Senate, where he was The blue slip process is a courtesy ex- ‘Dixiecrat’ Senator John Eastland chaired confirmed. tended by Committee chairmen, not a bind- the Judiciary Committee, he endowed the ing Senate rule. blue slip with veto power to, among other 1995–JUNE 5, 2001—CHAIRMAN ORRIN HATCH—COM- Since the blue slip courtesy was created in things, keep Mississippi’s federal judicial MITTEE COULD CONSIDER NOMINEES WITH A 1917, only two chairmen (Sens. James East- bench free of sympathizers with Brown v. NEGATIVE OR UNRETURNED BLUE SLIP land and Patrick Leahy) had strict policies Board of Education.’’ Because the Supreme At the start of his chairmanship in 1995, requiring two positive blue slips from home- Court ‘‘largely delegated the task of imple- Senator Hatch sent a letter to White House state senators before the Judiciary Com- menting Brown to local federal trial judges Counsel Abner Mikva stating that he would mittee would consider a nomination. . . . it mattered a great deal who sat on fed- follow the policy articulated by Chairman In 25 of the 36 years before Senator Grass- eral district courts in the segregated South.’’ Biden in 1989 that did not preclude review of ley became Chairman, chairmen have al- 1979–1981—CHAIRMAN EDWARD M. KENNEDY—COM- nominees with negative blue slips unless the lowed hearings on nominees despite negative MITTEE COULD CONSIDER NOMINEES WITH A Administration did not consult with home- or unreturned blue slips. NEGATIVE OR UNRETURNED BLUE SLIP state senators. In 1997, Chairman Hatch sent The same senators who changed the Senate another letter to the White House that re- The blue slip policy was again revised rules to ignore the views of 41 senators after affirmed this policy and articulated in more under Chairman Edward M. Kennedy. During evaluating a nominee now want to enable a detail what meaningful consultation should a Committee hearing in 1979, he stated: single senator to block a nomination before If the blue slip is not returned within a look like. the Committee can even review the nomi- reasonable time, rather than letting the JUNE 5, 2001–2003—CHAIRMAN PATRICK LEAHY— nee’s background and qualifications. nomination die I will place before the com- ALLOWED A NEGATIVE OR UNRETURNED BLUE HISTORY OF BLUE SLIP COURTESY mittee a motion to determine whether it SLIP TO BLOCK A NOMINEE The blue slip represents an aspect of sen- wishes to proceed to a hearing on the nomi- Senator Patrick Leahy became Chairman atorial courtesy premised on an under- nation notwithstanding the absence of the in June of 2001 after Democrats took control standing that home-state senators are in a blue slip. of the chamber. He sent a letter to White good position to provide insights into a Chairman Kennedy did not articulate an House Counsel Alberto Gonzalez essentially nominee from their home state. Throughout express policy with respect to negative blue endorsing Chairman Hatch’s 1997 blue slip its 100-year history, Senate Judiciary Com- slips, but there is at least one example of the policy statement. But Chairman Leahy made mittee chairmen have applied the courtesy Committee moving on a nominee despite the statements to the press indicating he would

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In fact, Chairman Leahy been used as an absolute veto by any Since 1949, the Senate rules required a Senator. went even further and stopped Committee supermajority of the Senate to end debate action with respect to two Sixth Circuit Looking further at the history—and I for lower court nominations. This long- think it is relevant to a confirmation nominees for seats in Ohio because the standing rule was the primary tool for sen- Democratic senators from Michigan ob- ators in the minority party opposite the for Wisconsin’s seat on the Seventh jected. president to block nominees. Under this rule, Circuit—in 1981, Wisconsin Senator 2003–2005—CHAIRMAN ORRIN HATCH—COMMITTEE senators who intended to oppose a nominee William Proxmire returned a negative COULD CONSIDER NOMINEES WITH A NEGATIVE could return a positive blue slip in Com- blue slip on Judge John Shabaz, a OR UNRETURNED BLUE SLIP mittee and then filibuster the nominee on nominee to be a district judge. The The Republicans again took control of the the Senate floor. For example, during the Senate took that negative blue slip Senate after the 2002 elections, and Senator Bush Administration, Senator Feinstein re- into consideration, but the committee Hatch again became Chairman of the Judici- turned a blue slip for Carolyn Kuhl, who was still held a hearing, and the Senate ary Committee. Chairman Hatch reiterated later reported out of the Committee. Fein- that ‘‘a single negative blue slip from a stein and other Democrats then filibustered voted to confirm the judge as a district nominee’s home state won’t be enough to Kuhl’s nomination on the Senate floor, pre- judge. The next year, 1982, Senator block a confirmation hearing.’’ He said he venting confirmation. In instances in which Proxmire again returned a negative would give ‘‘great weight to negative blue the Committee reported nominees with nega- blue slip on a circuit judge nominee, slips’’ but would not allow senators to hold tive or unreturned blue slips, those nominees Judge John Coffey. Once again, the up ‘‘circuit nominees.’’ could still be filibustered by the full Senate. committee took that blue slip into con- Chairman Hatch held hearings and votes For example, in 2003–2004, the Democratic sideration but still held a hearing, and on five of the six circuit court nominees who caucus, which was in the minority at the the Senate confirmed Judge Coffey had blue slip issues. For example, Chairman time, filibustered several of George W. Hatch held a confirmation hearing for Sixth Bush’s nominees for federal court seats in later that year. Circuit nominee Henry W. Saad despite nega- Michigan for whom Senators Levin and Sta- It is apparent that a blue slip—his- tive blue slips from Michigan Senators Levin benow had returned negative blue slips. This torically and by precedent for two- and Stabenow. The Committee voted to send practice helps explain why few nominees thirds of the 101 years in which the Saad to the Senate floor, where the Demo- with blue slip issues have been confirmed by blue slip has been around—has not been crats successfully filibustered him as well as the full Senate. used as an absolute veto by one single each of the other nominees. At the same However, in 2013, Senate Democrats, then Senator but basically as advice, a par- time, Chairman Hatch did not move on any in the majority, unilaterally abolished the ticular Senator’s view on a judge. I district court nominees with blue slip issues. rule, ending the ability of a minority of sen- ators to block confirmation of a lower court would suggest that is exactly the way 2005–2007—CHAIRMAN ARLEN SPECTER—UNCLEAR the blue slip should be handled in the WHETHER A SPECIFIC BLUE SLIP POLICY WAS nominee. The Democrats argued that a mi- future, particularly in light of Senator ESTABLISHED nority of senators should not be empowered to block nominees who earned majority sup- Harry Reid, the majority leader in 2013, Senator Hatch stepped down as Chairman port after the committee has reviewed a of the Judiciary Committee at the beginning who employed the nuclear option and nominee’s background and qualifications. of the 109th Congress due to term limits. changed the Senate forever. He One of the leading proponents of abolishing Senator Arlen Specter became Chairman. It changed the rules of the Senate as they the filibuster, Senator Jeff Merkley of Or- is not clear what Chairman Specter’s policy relate to confirming nominations with egon, defended the move by saying. was with respect to blue slips or if he even ‘‘Advice and consent’’ was never envisioned a mere majority. That, in effect, evis- had a stated policy. At least one reputable as a check that involved a minority of the cerated the blue slip’s possibility of secondary source indicates that, under Senate being able to block a presidential being used as a veto because then there Chairman Specter, a ‘‘[n]egative blue slip [nomination]. was no way a minority could block or killed a nomination for district court judges, A blue slip policy allowing a single senator but not necessarily for circuit court judges.’’ actually support and confirm that blue to block a nominee from even receiving Com- slip. Harry Reid’s precedent of chang- 2007–2015—CHAIRMAN PATRICK LEAHY—ALLOWED mittee consideration is a more extreme ex- ing the rules of the Senate with just 51 A NEGATIVE OR UNRETURNED BLUE SLIP TO ample of a counter-majoritarian practice. BLOCK A NOMINEE By eliminating the filibuster rule, the votes—changing the rules so that only Senator Leahy again became Chairman of Democrats removed a tool for the minority a majority vote would confirm a the Senate Judiciary Committee in 2007. He to block nominees with negative or judge—has pretty well rendered the announced that he was reinstituting his pol- unreturned blue slips after the committee blue slip moot from the standpoint of icy that he would proceed on a nominee only has evaluated nominees’ qualifications. They being able to block a judge. when both home-state senators returned are now, because of their own actions, in the The blue slip, from my standpoint, positive blue slips. During the 110th Con- position of having to rely on an ahistorical should be used primarily as the advice gress, Chairman Leahy did not proceed on interpretation of the blue slip courtesy at and consent of one Senator expressing the Committee level to attempt to defeat sixteen of President Bush’s nominees (six opinion on a judge from their State. circuit court and ten district court nomi- nominees they oppose on ideological or polit- nees) who did not have the support of both ical grounds before the full Committee re- That is just a general description of home-state senators. views a nominee. the history of the blue slip. Chairman Leahy continued this policy Mitchel A. Sollenberger, The History of I would like to address specifically throughout his chairmanship. In 2011, he ex- the Blue Slip in the Senate Committee on the comments made around this par- plained that his blue slip policy was meant the Judiciary, 1917–Present, Congressional ticular circuit court vacancy and my to encourage consultation between the White Research Service 8 (Oct. 22, 2003). role in it because I think there has House and home-state senators. But he also Mr. JOHNSON. Mr. President, rather been a lot of distortion. Let me correct warned that he expected senators not to than read this excellent memorandum, the record. It is true that this circuit abuse the policy to delay filling vacancies. which I would encourage my colleagues court vacancy is the longest in history. When the Republicans were in the minority from 2009–2014, Republican senators returned to do, let me give a brief history, a lit- It has dragged on for a variety of rea- blue slips for 25 circuit court nominees, with- tle summary of what that memo- sons, but let me give you the history. held a blue slip for one nominee (for lack of randum states on the history of the On January 17, 2010, Judge Terence consultation), and rescinded positive blue blue slip. Evans retired from the Seventh Cir- slips for one nominee after his hearing (this The blue-slip courtesy was created in cuit. President Obama was in office, seat was ultimately filled by another nomi- 1917, so it has basically been around for and Wisconsin had two Democratic nee of President Obama). (By contrast, 101 years. Only 2 of 18 Judiciary Com- Senators, Senator Kohl and Senator Democratic senators have withheld blue slips mittee chairmen have allowed the blue Feingold. Five days later, on January for three circuit court nominees in the first slip to become an absolute veto block- ten months of the Trump Administration.) 22, those two Senators, Kohl and Fein- The Republicans’ restrained use of the blue ing consideration and confirmation of gold, recommended four candidates to slip to block nominees meant that there was judges. Those two chairmen were President Obama. no need for Chairman Leahy to deviate from James Eastland between 1956 and 1978— On July 14, 2010, President Obama his strict blue slip policy. It is unclear what so that was for a 22-year period—and nominated Victoria Nourse for that

VerDate Sep 11 2014 04:30 May 10, 2018 Jkt 079060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A09MY6.012 S09MYPT1 lotter on DSKBCFDHB2PROD with SENATE May 9, 2018 CONGRESSIONAL RECORD — SENATE S2577 Seventh Circuit slot. Ms. Nourse was a consensus pick. We would forward to process. It is called a vetting process not really a member of the Wisconsin the President only someone who would that also may very well take too long legal community. She was an adjunct receive support from five out of the six now, but there is plenty of time for professor temporarily in Wisconsin. commissioners. It worked well. these circuit court nominees we are There was some tie there, but basically The commission was set up. We nom- voting on this week to be vetted. There she had no other ties to Wisconsin. She inated and confirmed district court is plenty of time to ask them ques- was actually a former staffer and judges for the Eastern District, Pam tions. There is plenty of time to look would become a future staffer of Vice Pepper, and the Western District, into their backgrounds. President Biden. James Peterson. The only reason, in my view, that we On November 2, 2010, Wisconsin held It would be a little more difficult to take the time we are taking to do six an election for the Senate. To Senator fill the seat on the Seventh Circuit. votes on six judges in a week—that is Feingold’s surprise, he was retired; I Our commission started working on six 15-minute votes. If we were efficient replaced him. There was no action that. One part of our compact required enough to do that, it would take an taken from the date of July 14, when that four recommendations for judges hour and half to vote on these six President Obama had nominated Vic- be sent to the President. Because the judges, and the final vote on none of toria Nourse. In a Senate with a major- applicant pool was limited, only two them would be different than taking 5 ity of Democrats and a Democratic received the requisite five out of six days. President, there was no action taken votes. During the discussion of what we So why do we take 5 days? We take 5 prior to Congress expiring—the 111th should do—because we hadn’t fulfilled days because that means we can’t get Congress. So that nomination expired. the terms of the compact that required to anything else. That means the On January 3, 2011, the 112th Con- four judges—I agreed to submit just President’s ability to populate the gov- gress was sworn in. Within a few days, the two. For whatever reason, Senator ernment, as people elected him to do, is I received two blue slips on judicial BALDWIN decided to forward to Presi- diminished. It also eliminates the time nominations—one for a district judge dent Obama all eight applicants. She we have to do the other work the Sen- and Victoria Nourse’s nomination for breached the compact. She violated the ate is designed to do. the Seventh Circuit judgeship. I had confidentiality of the process because The Senate is in, as the majority just been elected. More than a million part of the problem was that some of leader likes to describe it, the per- Wisconsinites voted for me. I had no those applicants received zero to one or sonnel business, but that is not sup- role whatsoever in the nomination of two votes. posed to be the only business of the this judge. So I decided not to return In the end, President Obama nomi- Senate. I think we have now had over the blue slip. nated Don Schott. He is a fine man. I 90 of these cloture motions on nomi- This was during a time period when have no problem with who Mr. Schott nees that the President has made. Chairman LEAHY was using the blue is, but let’s be honest, he is probably What does that mean? In the first 2 slip as an absolute veto. It was still the not my first pick for a judge on the years of each of the previous six admin- precedent in the Senate that it would Seventh Circuit. However, because the istrations, there were a total of 24 clo- require 60 votes to confirm any judge. commission had nominated him and ture motions—24 times in six Presi- Any minority member of the Senate agreed on it, I returned the blue slip. dencies in 2 years did we do what we who objected to a judicial nomination Unfortunately, because of the are doing right now. That is an average would be backed up by his party, and politicization of the commission by of 4 times—we are certainly going to be the nomination could be thwarted. Senator BALDWIN, the Senate Judiciary up to 104 times well before the end of 2 I continued to work with Senator did not act on that nomination, nor did years—the floor was abused in this Kohl, trying to become involved in the the Senate, and that nomination ex- way, an average of 4 times there was nomination of someone who I felt pired, which brings us to the 114th Con- reason to have a debate. would be more appropriate for that gress and Judge Brennan’s nomination. I haven’t looked back at those de- seat—someone who actually had a con- Again, I have spent probably about 10 bates. I guess I should. Wouldn’t it be nection to the Wisconsin community. minutes reading in detail the strong bi- shocking if those debates were actual Unfortunately, Senator Kohl did not partisan support for Michael Brennan. debates? Wouldn’t it be stunning if all have a great deal of interest in working There is no reason whatsoever that he four of those times in each of those six with me, so the entire 112th Congress should not receive a strong bipartisan Presidencies, when the cloture motion passed, and the seat remained vacant. vote for confirmation. I have described was required and using the maximum Let me remind you that through the what happened specifically. I described time available was insisted on—or at entire year of 2010, the Seventh Circuit the general precedent of the use of blue least a substantial portion of the max- seat from Wisconsin was vacant when slips—not to be used as a veto but sim- imum time available was insisted on— we had two Democratic Senators and ply to indicate a Senator’s opinion of a wouldn’t it be something if we looked President Obama. They could have particular judge nominated from their back and found that there really was a nominated and confirmed someone any State. It should not be used for a veto. reason to debate those nominees? time during 2010. I was given no input I urge all my Senate colleagues to There might have been someone who into this nomination. The only thing I provide a strong bipartisan vote of sup- was rejected, as John Tower was to be could really do was withhold the blue port for a fine man, a fine jurist, and Secretary of Defense. If you were going slip and work with Wisconsin’s Demo- someone who will make a wonderful to reject one of your colleagues in the cratic Senator to come up with a nomi- judge on the Seventh Circuit Court of Senate, that was probably a pretty de- nee who would be a good consensus Appeals. batable moment, and maybe it very choice. With that, I yield the floor. well justified 20 or 30 hours, the max- Senator Kohl decided not to run for The PRESIDING OFFICER (Mr. imum that could be insisted on. Now reelection. Senator TAMMY BALDWIN TOOMEY). The Senator from Missouri. that is initially insisted on for every- was elected in November 2012 and Mr. BLUNT. Mr. President, I have one. Some of them take that time. began her term in 2013. Because I felt it just seen the rarest of occurrences in Many of them take a portion of that was so important that the judicial the so-called debate on these nominees time. nominations be made and that we have on the floor. We actually had an expla- What is really lost is the other work a process to work on a bipartisan basis, nation of the nominee we would be vot- that could happen in the course of the I recommended a commission—a com- ing on. week. That is why in 2013 and 2014, pact with Senator BALDWIN, which she The fact that the Senate’s time is when Democrats were in control of the agreed to. I would have three commis- taken in a way that it never has been Senate, a bipartisan group of Senators sioners, and she would have three com- before to process the President’s nomi- got together and said: Let’s eliminate a missioners of people tied to the Wis- nations is outrageous. There is a view lot of these confirmations that aren’t consin legal community—people dedi- that we need more time to think about worthy of Senate time. Let’s take peo- cated to filling those judicial vacan- the nominee. There is plenty of time to ple who, when there were only one or cies. The beauty of it was that it forced do that. It is called the committee two of them in the whole government

VerDate Sep 11 2014 01:56 May 10, 2018 Jkt 079060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G09MY6.033 S09MYPT1 lotter on DSKBCFDHB2PROD with SENATE S2578 CONGRESSIONAL RECORD — SENATE May 9, 2018 in 1882, might have been worthy of a to that job in the history of the CIA. Hopefully, we will get to that nomi- Senate debate and Senate vote—let’s She is someone who has spent her en- nation. That may even be a nomination take them off the list now that there tire 30-plus-year career in the CIA, that would justify a 20-hour floor de- are 210 of them to be confirmed. Let’s someone who has had almost every job bate. We can certainly give 20 hours or take them off the list. Of course, nei- you could have in the CIA, someone 30 hours to every Member of the Senate ther of those numbers are numbers who has been at the front ranks in the who wanted to come to the floor to from the debate, but that is what we most dangerous countries working for talk about that nomination, and it did. the Central Intelligence Agency, and may be close enough that if it changed Then let’s put a whole other group on someone who currently serves not just three or four votes, it would make a the list so that if no one demands a as the Acting Director but has been difference in the outcome, but in all vote, they can be confirmed if the com- serving as the Deputy Director. Nobody likelihood, no votes would be changed. mittee recommends they should be has ever been nominated with that ca- Believe me, this would be a debate confirmed without a vote. We tried to pacity. where the country should really know eliminate the process so that we could When people look at the hearing that exactly what they are getting when focus in on that rare occasion when was publicly held today, I think they they get someone who has dedicated there really should be a debate on the are going to see an individual who is themselves to the Central Intelligence Senate floor about these nominees. incredibly prepared. They are going to Agency and the country like Gina At the end of this week, I will look to see someone who needs no on-the-job Haspel has, but that is a very different see how many minutes were actually training, someone who is not only run- moment than the one we are in right taken talking about these six nomi- ning the Agency now day-to-day but now. The one we are in right now takes nees. It doesn’t mean that the six someone who knows more about the time and doesn’t change any result. nominees shouldn’t be talked about. It Agency—the Central Intelligence I would just encourage my col- doesn’t mean, when you are going to Agency—than anybody has ever known leagues, let’s get to work. Let’s stop put someone on a court of appeals for who has held that job. hearing that we don’t have time on the life, that the Congress shouldn’t look When we confirm Gina Haspel, and I floor to get our job done, where every carefully at them, but that has already believe we will—I know we should— time you turn on C–SPAN, more often happened. In some cases, it happened there will be no on-the-job training than not, you see the Senate in what is months ago, and in other cases, weeks necessary. She will run the CIA; the called a quorum call, which is a very ago. That has already happened. This is CIA will not run her. slow calling of the roll of the Senate Now, if any Member of the Senate— just a matter of whether we are going because there is nobody here to say even Members who have been on the In- to vote or not. No votes will be per- anything because we are using up telligence Committee for years—went suaded by running the clock. No votes someone’s insisted-on 30 hours of de- to the CIA, there would be a great like- will be changed by running the clock. bate. lihood that, at least for a while, the Of course, the power to put people on a Let’s get to the business of the coun- CIA would run them; that people at the Federal bench for life is an important try. Let’s do what we are—this is the CIA would say: Well, here is something power given in the Constitution to the greatest country in the history of the we have to do; here is something we President for the Supreme Court and world, with the greatest capacity to used to do; here is a box that has al- such other courts as Congress may de- impact the world of any country in the ways been checked before. It takes a world. termine the country needs. It is not certain amount of time to determine something to be taken lightly, but it is When you turn on C–SPAN and look why that may have been necessary, but at what is happening in the U.S. Sen- also not something to be abused. it will take her no time to determine It is not a process where the protec- ate, it shouldn’t be a blank screen be- what is necessary and what is not. tion you might use 4 times in 2 years is cause we are waiting x number of hours She is nominated by the President, for people to cast a vote, and they al- suddenly used 90 times in 15 months. but she has been briefing since her boss Something is wrong when that has hap- ready know what that vote is going to became the Secretary of State and part be. Let’s take the time we need to de- pened to the process. of the time while he was the Director At the end of the day, the Senate is bate the nominations we need to de- of the CIA. General Hayden is one of— bate. Let’s quit wasting the time and a place where the minority deserves to virtually every past Director of the be heard. The Senate is a place where using the excuse of, well, we need to CIA, Democratic and Republican ap- have thoughtful consideration of this the rights of the minority—it makes it pointees, has said she is someone who a unique legislative body, just like nomination that, by the way, no one is should be confirmed. going to come to the floor to talk electing only one-third of the Senate In a quote I particularly like, Gen. every 2 years makes it a unique legisla- about. Mike Hayden said she was the person Senator JOHNSON may have set a new tive body. It takes a long time to he would want in the room when the standard here. Certainly, when I change the entire Senate. It has always President was making the decision. checked just a few days ago, we had a been one of the purposes of the Senate She would be the person whom I think debate on a very controversial nomi- is to be sure the minority had a chance you and I would want to be there un- nee. This was the NASA Adminis- to be heard, and the minority is always derstanding the facts. Sometimes we trator. I think it passed by one vote. It able to hold on to that right until the don’t know all the facts, but all the was pretty controversial. We spent minority decides they are going to facts we should know, and if anybody hours and hours for an open debate on abuse that right. knows them, the Director of the Cen- the floor, and there were 17 minutes of When a right becomes an entitled, tral Intelligence Agency should know debate on the floor—17 minutes in ‘‘Oh, it says we can have up to 30 hours them. something exceeding 17 hours. No won- of debate so we are going to insist on it I said at the hearing this morning— der people are frustrated with the way every single time,’’ that is when that this is a phrase I don’t use very often, they would like to see their govern- right is in jeopardy. That is when you and I think it is overused, but if ever ment work, the way the government run the risk of losing that right. there is a moment when someone should work, and the excuses we come NOMINATION OF GINA HASPEL speaks ‘‘truth to power’’—if that is the up with to keep the government from Also, today we are talking about a right way to describe the discussion— doing what it ought to do in a way that nomination in a committee that should that could certainly be the moment people can openly see and be proud of. look carefully at that. It is a com- when the Director of the CIA, with a I look forward to the quorum call no mittee I am on—the Intelligence Com- 32- or 34-year career there, would say longer being the daily flag of the U.S. mittee. It is the nomination of some- to the President of the United States: Senate. one to run the CIA—the Central Intel- Mr. President, that doesn’t take into Maybe, appropriately, seeing no one ligence Agency. It is critically impor- account all of the facts. Let’s be sure here, I yield the floor. tant to the country. Actually, the we understand everything we need to I suggest the absence of a quorum. President has nominated the most know before you make that decision. The PRESIDING OFFICER. The qualified person ever to be nominated That is truth to power. clerk will call the roll.

VerDate Sep 11 2014 01:56 May 10, 2018 Jkt 079060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G09MY6.034 S09MYPT1 lotter on DSKBCFDHB2PROD with SENATE May 9, 2018 CONGRESSIONAL RECORD — SENATE S2579 The assistant bill clerk proceeded to today, we have all learned from those tice. By the way, the Supreme Court of call the roll. experiences. the United States is not going to hand Mr. CORNYN. Mr. President, I ask Her 33 years of service showcase an out an opinion in a case where the ex- unanimous consent that the order for unparalleled commitment to the Cen- ecutive branch has to act. Opinions the quorum call be rescinded. tral Intelligence Agency and a devotion handed down by the Office of Legal The PRESIDING OFFICER. Without to the rule of law. She understands Counsel in the Justice Department are objection, it is so ordered. that when the intelligence agencies the authoritative legal guidance for ex- NOMINATION OF GINA HASPEL don’t follow the rules of the road, ecutive branch agencies like the CIA. Mr. CORNYN. Mr. President, earlier somebody is going to be held to ac- Ms. Haspel has worked in assign- today the Senate Select Committee on count for it at a later time. In this ments from Africa and Europe, and she Intelligence heard from the President’s case, ironically, having followed the has been posted to dangerous capitals pick for Director of the Central Intel- rule of law, we find that some of our around the world. She has been shot at, ligence Agency, Gina Haspel. Actually, colleagues from across the aisle want survived a coup d’etat, and run clan- we had an open hearing this morning, to relitigate decades-old incidents after destine assets against hard targets. and I just returned from a recently the fact of 9/11, where, relying on the Those who have worked with her say concluded closed hearing, during which premier legal authorities in the coun- her management skills and integrity classified information was shared with try from the Department of Justice are unmatched. That is why she served the committee and discussed with the and having received orders from the as a station chief, the Deputy Director nominee. Commander in Chief, they simply did of the National Clandestine Service, As we know, the President’s nomi- their job and now are being questioned and Deputy Director of the Central In- nees for various positions have been in a way that suggests they did some- telligence Agency itself. All of this ex- the victims of hearsay, innuendo, and thing less than honorable, when, in perience is extraordinary and it is im- rumor. Thankfully, Ms. Haspel had the fact, they did exactly what they were portant, and it is exactly what our opportunity today to respond to some asked to do. country needs in this uncertain time. of the questions—and attacks, really— The fact is that here in America we Former Director of National Intel- that have been posed against her in the have not seen a follow-on attack from ligence James Clapper testified in re- public. She has now had a chance to re- 9/11. I mentioned yesterday a book I cent memory that, in his 50 years in spond, and I thought she did so with was reviewing that reminded me that the intelligence business, he has never tremendous knowledge, grace, and the in the days following 9/11, on which before seen such a diverse array of kind of temperament you would hope 3,000 people died—some at the Pen- threats confronting our country—from for in a Director of the Central Intel- tagon, where one plane crashed, and North Korea to Iran, to Russia, to ligence Agency. two others crashed at the World Trade China, to the terrorism threat, to do- She exemplified the core attributes Center—there was some chatter about mestic home-grown terrorist attacks we have come to know about her since a potential nuclear device getting into inspired by social media and online ac- she was nominated: professional integ- the hands of al-Qaida, the same people tivity from overseas. rity, an innate sense of loyalty to her who took down the two towers and hit America clearly needs someone with country, and a strong drive to work the Pentagon. the deep expertise and understanding hard, not just for the advancement of That would have been catastrophic, of the Central Intelligence Agency and her individual career but also to pro- obviously. Thankfully, as a result of the intelligence community and some- tect Americans and put our national the good investigatory work and intel- one who doesn’t have to get up to security first. ligence collection that the intelligence speed. Americans need someone with The fact that she is here today, as community acquired, we learned that extensive counterterrorism experience President Trump’s nominee to become those rumors did not end up proving to who has worked with difficult and hos- the first female Director of the Central be true. But that sort of sets the tone tile intelligence services and, I would Intelligence Agency, is a testament to for the environment and attitude that say, also with our friends and allies both her character and her exceptional, many had about the potential for fol- around the world. Some of the relation- decades-long career as an intelligence low-on attacks, which would have been ships we have with other countries, professional. tremendously devastating. like Britain, are some of the most im- All the while, she has endeared her- It is a strange business that we ask portant relationships we have—govern- self to her colleagues in the intel- our intelligence officials to play to the ment to government, intelligence com- ligence community, who have an im- edge of the law—in other words, to fol- munity to intelligence community. Ms. mense amount of respect for her and low the law but to be aggressive, to be Haspel has the admiration and respect her work. In fact, in addition to being forward-leaning to prevent these at- of those coalition agencies around the the first female Director of the Central tacks. Then, when they do exactly world. Intelligence Agency, Ms. Haspel would that, we come back years later, when She may well be the most qualified be the first operations officer in per- we are feeling safe and secure, and say: person ever to be nominated for the haps 40 years or more. In other words, Well, you went too far. role of CIA Director. But we saw today at the CIA they have analysts, they We can imagine what it would have in the hearing that there is a deter- have people who do operations, who are been like if there had been another fol- mination by some to relitigate the case officers and who do intelligence low-on attack during which American past. We saw an attempt to relitigate work, and, then, they have other peo- citizens were killed. We can imagine issues that have been closed for a long ple who perform technical intelligence that our intelligence community would time, going on 17, almost 20 years. activity. She would be the first in 40 be criticized for allowing that to hap- There were questions about Ms. years to actually have worked in some pen, for somehow not stopping it, find- Haspel’s role in counterterrorism ef- of the hot spots around the world that ing out about it, and preventing it. forts in the days immediately fol- I will mention more about here in a Unfortunately, too many people have lowing the 9/11 terrorist attacks. I am moment. 20/20 hindsight and are engaged in sec- not questioning the questions, but I am Yesterday, I spoke about some as- ond-guessing. Frankly, for people who questioning using some of these issues pects of her career, about some of the serve honorably in the intelligence as pretext to block or to vote against pieces that our colleagues across the community, it seems like a lose-lose her nomination. She was accused of aisle have left out of the picture, proposition: Do too much and prevent making decisions that clearly were which, in fairness, should be painted in an attack, and we will criticize you. made by her supervisor, when it came full context so people can understand Don’t do enough and an attack occurs, to getting rid of videotapes because of that her career, spanning 33 years, is and we will criticize you for that. concerns for the safety and security of far more than a couple of anecdotes or Suffice it to say that in all respects, the intelligence officers depicted on caricatures of her experience. In other during her career Gina Haspel has those videotapes, even though there words, she is not defined by those expe- acted in accordance with the law, as were verbatim cables of the activity on riences. Although, as she has said determined by the Department of Jus- the tapes. Obviously, in this case, the

VerDate Sep 11 2014 01:56 May 10, 2018 Jkt 079060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G09MY6.035 S09MYPT1 lotter on DSKBCFDHB2PROD with SENATE S2580 CONGRESSIONAL RECORD — SENATE May 9, 2018 decision to destroy the tapes was not hearing, at which all of those matters security agencies like the Central In- hers but her supervisor’s, who took full were aired, but in an appropriate set- telligence Agency. While Ms. Haspel’s responsibility for that. ting, protecting that important sen- credentials are certainly more than As I said, it is easy here today, in the sitive information, which is absolutely sufficient to support her nomination safety and security of 2018, to remem- critical to keeping the country safe. against some of the baseless claims we ber what the post-9/11 climate was like. The idea that we ought to release her have heard, there is just as important It is easy to second-guess the legal full personnel file, including sensitive a case to be made for her that is based guidance that had been provided to our operations, to jeopardize the safety of on upholding the CIA as an institution. intelligence professionals at the time, other officers and expose sensitive which they relied upon in good faith. It sources and methods of intelligence Two lawyers who formerly served in is easy to overlook the considerable collection is to risk national security the White House Counsel’s office and pressure placed on the Agency at that itself. Some of our colleagues are sug- the Justice Department, David Rivkin time. As I said, if they didn’t do gesting that this happen, but they sim- and Lee Casey, wrote in the Wall enough, we would criticize them. If ply know better, and they should know Street Journal: ‘‘If agents are blamed they did too much, we would criticize better. following the directives of their superi- them for that. So it is a fine thin line You saw a stark difference at the ors, the CIA’s ability to protect the they had to walk, which they did with hearing today between those who wish U.S. will be fundamentally com- incredible skill and determination. to ensure we have the most qualified promised.’’ I would say it is nothing less than ob- person leading the CIA and those who I agree. We want our intelligence of- scene to hold someone to a standard have determined to obstruct President ficers to be as aggressive as they can that was set after their actions were Trump’s nominees at all cost. In fact, within the confines of the law, col- performed, in good-faith reliance on during my time questioning Ms. lecting and analyzing intelligence they the law, as determined at the time Haspel, I mentioned a national security can then provide to policymakers so we they did act. In this case, two different expert who said, if Ms. Haspel had been can keep our country safe. We ought Justice Departments—one under Presi- nominated by President Obama, it to, at least for a while, put a hold on dent Bush and one under President would be an easy call, but because she the politics of obstructing nominees, Obama—conducted investigations, ex- was nominated by President Trump, particularly at a national security onerated Ms. Haspel, and chose not to and ironically happens to be the first proceed against her or her colleagues woman nominated to this important post, so we can put Americans’ safety at the CIA. position as Director of the CIA, for first. The fact is that early on Congress some reason, now we are going to hold We have to ask ourselves, in an in- was briefed on a regular basis and ap- her and President Trump to another creasingly uncertain and dangerous proved of the activities in which she standard, a double standard. time, what does the CIA mean to the was engaged when it came to the en- If people were really listening, they national security of the United States? hanced interrogation program, which would have heard Ms. Haspel confirm For an agency at the very forefront of she herself did not directly participate what many of us have been saying protecting our country’s citizens, what in but which occurred during her time about her all along; that she is the type of person do we want at the helm? in the counterterrorism center. right person for this job. We learned I believe we want a person like Ms. That Congress decided after the fact that former Defense Secretary and CIA Haspel. It is Ms. Haspel—short and to change some of those policies does Director Leon Panetta and former Di- sweet—who I think fits the mold of not make the prior implementation of rector of National Director James that sort of person we want. the policies improper at all. Indeed, it Clapper, both former Obama officials, was her professional obligation to unequivocally support Ms. Haspel. We I urge our colleagues to rethink what carry them out, and it was not for her have heard from Michael Hayden, John they are doing here, to shift gears and or her fellow officers to second-guess Brennan, both former CIA Directors. support this nominee who is so well- the legality of those policies. At the Both have criticized President Trump qualified and so devoted to protecting time at issue, Ms. Haspel was a GS–15, for other matters but praised this pick our country. Can you imagine the indi- which is a civil service ranking that to head the Agency. vidual sacrifices intelligence officers would be the equivalent of either a We read about this nominee, too, as who serve undercover have to make— major or lieutenant colonel. It is as if the Wall Street Journal Editorial the sort of strain on relationships when saying that as for decisions made by board penned its support, writing: they are deployed abroad like our mili- the Commander in Chief, where a lieu- [T]he people misrepresenting the CIA tary is and the hardships they have to tenant colonel participated in exe- nominee were in the cheap seats during the sustain, but they do it because they cuting those orders, that somehow worst days of the war on terror. Ms. Haspel love our country and they are dedi- they were responsible for the policy de- didn’t have that luxury. cated to keeping the American people cision made by the Commander in I couldn’t agree more with that char- safe. Those sort of people—that kind of Chief in the military. It just doesn’t acterization. Yet some of our col- character, that kind of integrity— make any sense at all. As long as our leagues simply refuse to listen. In fact, ought to be rewarded and not criticized military and intelligence officials rely we have been seeing this same pattern and punished. in good faith on the best legal guidance play out throughout the Trump Presi- given to them at the time, they should dency—people playing politics and ob- As I said, I urge our colleagues to be free to conduct their activities and structing the nominees of the Presi- rethink what we are doing and shift not be second-guessed later on. dent simply because they disagree with gears and support this qualified nomi- Some have now gone so far as to the President, not because of the quali- nee. She is exactly what the American complain her full personnel file has not fications of the nominees. Sadly, we people deserve, so let’s get her con- been released. As I said, Ms. Haspel has have seen character assassination firmed. the unique qualification of having against nominees who have subse- FIRST STEP ACT served 33 years essentially undercover, quently withdrawn because they have and she has participated in some of the simply been unwilling to go through Finally, Mr. President, on another most sensitive intelligence activities the process and see the destruction of a matter, earlier today, the House Judi- our country is engaged in. The idea reputation they have worked a lifetime ciary Committee took action on the that now we would jeopardize the for. It is our Nation’s loss that good FIRST STEP Act, which is companion sources, the methods, and the alliances people withdraw from the process rath- legislation to the bill Mr. WHITEHOUSE, we had at that time just so colleagues er than go through that sort of char- the junior Senator from Rhode Island, could display that in full public view acter assassination. and I introduced in the Senate. The strikes me as terribly misguided. The Senate has a duty, after all, to committee’s passage of this bipartisan It is true that in the Intelligence ensure that our country has well-quali- legislation advances prison reforms Committee we did have a classified fied people at the head of our national tried out and proven in States like

VerDate Sep 11 2014 01:56 May 10, 2018 Jkt 079060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G09MY6.037 S09MYPT1 lotter on DSKBCFDHB2PROD with SENATE May 9, 2018 CONGRESSIONAL RECORD — SENATE S2581 Texas, Rhode Island, Georgia, and else- Outside of Washington, this isn’t a large established websites for access to where, which was successfully imple- partisan issue at all. In fact, 82 percent an internet fast lane—meaning those mented to rehabilitate low-risk offend- of Republicans oppose the net neu- websites would load quicker, while ers and save taxpayer dollars while re- trality repeal. In a time when we hear websites that can’t afford the internet ducing the crime rate and helping peo- so much about what divides us and how ‘‘E-ZPass’’ will load at a bumper-to- ple reestablish themselves as produc- we differ, net neutrality is something bumper pace. Small businesses that tive members of society. nearly all Americans agree on. It rely on fast internet service would be This is not true across the board. I should be a bipartisan bright spot. Yet, dwarfed by corporate competitors who am not naive enough to think that peo- in December, the Trump administra- could afford the faster service. This ple who go to prison—that we will be tion eliminated the very rules that pre- would spell doom for mom-and-pop able to salvage and save every single vent your internet service provider— businesses that are the backbone of our one who comes out, but I do believe we Comcast, AT&T, Verizon, Charter, and communities. can do much better if we give people others—from indiscriminately charg- Finally, my Congressional Review the opportunity, those who have the ing more for internet fast lanes, slow- Act will restore the forward-looking will and the determination to take ad- ing down websites, blocking websites, general conduct rule. When the FCC vantage of the opportunity to turn and making it harder and maybe even eliminated this guideline, it removed their lives around, to deal with their impossible for inventors, entre- protection against future harms, such addiction, to deal with their lack of preneurs, and small businesses—the as arbitrary data caps and other dis- skills and education, and when given lifeblood of the American economy—to criminatory behavior by internet serv- the opportunity to do so, decide they connect to the internet. ice providers. So don’t be fooled by the want to take advantage of that to turn Why did they do this? The reason is voices that say this is all doom and their lives around. simple. The Trump administration, gloom and that the internet service Helping low-risk offenders prepare to lead productive lives in our commu- time and again, sides with the rich and providers would never let this happen. nities is a goal we should all share, re- the powerful first and consumers last. Mark my words, without net neu- gardless of where we are on the polit- From the GOP tax scam to the repeal trality, these are not alarmist and hy- ical spectrum. I applaud our colleagues of the Affordable Care Act, to rolling pothetical harms—they are very real. in the House Judiciary Committee for back fuel economy standards, and to In a world without net neutrality, they this important action. net neutrality, this administration has very well may become the new normal. Prison reform itself has never been repeatedly ignored the needs of every- This is a historic moment. We are ap- controversial. Everyone in this Cham- day American families. A free and open proaching the most important vote for ber can agree we need to better prepare internet means an internet free from the internet in the history of the Sen- folks who are about to be released from corporate control and open to anyone ate. Should the Senate resolution pass, prison so they don’t end up right back who wants to connect, communicate, it will be the first time in more than a where they started and where we can or innovate. decade a minority party-sponsored help them lead a life that is law-abid- That is why, today, the 49 Members Congressional Review Act resolution ing and productive and does help im- of the Senate Democratic caucus are will have overturned a majority party prove the safety and security of our officially filing this discharge petition administration’s rule. We can and communities. I look forward to con- to force a vote on my Congressional should put President Trump on notice. tinuing to work with our colleagues in Review Act resolution, which will put Countless Americans have called and the House and Senate as we move this net neutrality back on the books as the emailed Congress to express support for important legislation forward. rule of law for the United States. This net neutrality and for my CRA resolu- The PRESIDING OFFICER (Mr. resolution would fully restore the rules tion. GARDNER). The Senator from Massa- that ensure Americans aren’t subject All one has to do is look at the inter- chusetts. to higher prices, slower internet traf- net today—to this ‘‘red alert for net NET NEUTRALITY ficking, and even blocked websites be- neutrality’’ that is on dozens and doz- Mr. MARKEY. Mr. President, to you cause the big internet service providers ens and dozens of companies’ websites and all of my colleagues on the floor want to pump up their profits. all across our country. These are this afternoon, we are about to have a How does all of this work? First, my smaller companies, not the big compa- huge debate in this country. We are CRA resolution will reinstate the rule nies that are all saying the same thing, taking to the floor as a chorus of against blocking. For example, without which is that they need net neutrality, Americans across the Nation are going this protection, AT&T could stop you that they need to be protected, that to go to the phones and their devices to from visiting your favorite streaming they don’t want to have the large com- support our principle of net neutrality platform, so your only option is their panies being able to act in a discrimi- in this country. DIRECTV NOW service. Verizon could natory way. Those companies—Reddit, We are speaking out because the prohibit you from using Skype, so you TripAdvisor, Etsy, Vimeo, Tumblr, American people know the internet is have to use their phone service. That is match.com, and so many others—all the most powerful platform for com- bad for competition and innovation, speak with one voice. They are saying: merce and communications in the his- and it is very bad for consumers. Do not allow discriminatory practices tory of the planet. They know the Second, my CRA—Congressional Re- to be made legal. Put the old net neu- internet is for everyone and was in- view Act—resolution will restore the trality rules back on the books. They vented with the guiding principle of rule against throttling. Without this were working. nondiscrimination. The internet is de- protection, broadband companies could Activity in support of net neutrality signed to democratize access to infor- slow down any website they want. If at the State level has also been re- mation, to opportunity. They know the activists take to Twitter to share sto- markable in that Governors in five health of our economy, our civic life, ries about unfair labor practices at an States have issued executive orders; at- our educational system, and so many internet service provider, for example, torneys general in 23 States have filed other parts of today’s American experi- that company could slow down the so- lawsuits; 27 State legislatures are ence all depend on the internet being cial media platform to protect its pub- working on legislation to protect net free and open to everyone, not just lic image and limit the spread of infor- neutrality. those who can afford Big Telecom’s mation. Imagine what that could do We all know that in 2018, access to a price of admission. They know strong, during a Trump administration that is free and open internet is not just a clear, and enforceable net neutrality stifling science, undermining law en- privilege, it is a right. I knew that rules are the only way to protect the forcement, and questioning intel- back in 2006, when I introduced the internet as we know it. That is why an ligence. The prospects are Orwellian. very first net neutrality legislation in overwhelming 86 percent of Americans Third, my Congressional Review Act the House of Representatives. RON oppose the Federal Communications resolution will restore the rule prohib- WYDEN knew the very same thing when Commission’s decision last December iting paid prioritization. Without this he introduced the same legislation in to repeal net neutrality rules. rule, internet providers could charge the Senate. It is a debate that has been

VerDate Sep 11 2014 01:56 May 10, 2018 Jkt 079060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G09MY6.039 S09MYPT1 lotter on DSKBCFDHB2PROD with SENATE S2582 CONGRESSIONAL RECORD — SENATE May 9, 2018 taking place in our country now for an way. It has annihilated distance; it has not gaged in lines of business entirely dis- internet generation, going back 12, 13 only made the wilderness blossom as the tinct from that of transportation, and years. It is what binds the millennials, rose, but also has enabled the rose to be that undue advantages have been af- teachers, librarians, entrepreneurs, readily exchanged for the products of cities. forded to business enterprises in which . . . These are the modern highways for com- medical professionals, social advocates, merce, and should differ only in extent and railroad officials were interested.’’ generations X, Y, and Z—all of these facilities from their predecessors back to the In other words, the railroads were groups that are up in arms because the days of the Roman roads. getting into other lines of business future of the internet is at stake. The point is, in the 1800s, the rail- which they could then favor on the To my colleagues across the aisle, I roads were in a position, because of railroads. That is exactly what we are encourage them to seize this oppor- their unique nature as the highways of worried about now. Large tele- tunity and stand with the American the time, to strangle competition and communications companies are becom- people, who overwhelmingly support hold small businesses hostage. The sit- ing vertically integrated with content net neutrality. Again, 86 percent of all uation today with the internet is al- companies. There is a clear potential Americans—82 percent of all Repub- most identical, and the Senate is now for conflicts of interest. Net neutrality licans across the country—support net going to grapple with a rapidly growing rules are so important for preventing neutrality. any attempts of existing incumbent By passing this resolution, we send a but mature industry that is central to carriers to favor the delivery of their clear message to American families economic opportunity in our country. own content and degrade the delivery that we support them, not President Unfortunately, in both the cases of the of competitors’ content. This is exactly Trump’s special interest agenda. This railroads and today, the internet, the kind of thing we are worried about. is the issue of whether we are going to often, there are players who have the empower ordinary families and ordi- means and incentives to engage in dis- Right now, anyone with a broadband nary small businesses to be given the criminatory pricing or prioritization connection has equal access. General protections they need. due to the frequent existence of last- Motors or Amazon or Exxon or The American people are watching mile monopolies. It is the exact same Facebook has the same access to the closely. They are paying attention to situation. internet as somebody who is starting a who is fighting for them and who is sit- My favorite quote from Mark Twain new company in his garage, and that is ting on the sidelines, to who is listen- is that ‘‘history doesn’t always repeat why the internet has been such a dy- ing and who is ignoring the public’s de- itself, but it usually rhymes.’’ In this namic job creator across the country. mands. This vote is coming, and when case, it is repeating itself. Yet, in December of 2017, the Federal it does, it will put a magnifying glass Back in 1886, here is what the Select Communications Commission repealed on Congress. It will be crystal clear Committee on Interstate Commerce the idea of net neutrality and basically who is protecting corporate buddies said about the causes of complaint said to the large providers: It is open and who is fighting for everyday Amer- against the railroad system. season. You can do it. Do whatever you icans. No. 1, ‘‘that . . . rates are unreason- want. They have unenforceable rules, The Senate has a job to do. I urge my ably high at noncompeting points.’’ and small businesses and startups will colleagues to join this movement and That means small towns—rural undoubtedly, ultimately, be the losers. stand on the right side of history. In America—at noncompeting points, This is just the reality. the 20th century, the rural electrifica- which is the same as what is happening Quite often, we have issues around tion process connected huge parts of with the internet. We see today, par- here that are in shades of gray, that we our country to the benefits of elec- ticularly in rural areas, that there is have to think about, and that can be tricity. It raised living standards. It only one provider of the truly high- argued on both sides. Reasonable peo- expanded educational opportunities. It speed broadband that is needed to run ple can differ. In this case, the people transformed society. That is what a an online business and its expenses. who repealed net neutrality are all Here is point No. 2 from 1886: ‘‘The ef- free and open internet is doing for our wrong. There is no good argument for fect of the prevailing policy of railroad country in the 21st century—job cre- repealing rules that simply keep the management’’—you can put in internet ation, small business development, so- pipes open for everyone just as the management—‘‘is, by an elaborate sys- cial justice, distance education. Every Interstate Commerce Commission in tem of secret special rates, rebates, day, the lives of Americans are trans- the 1880s was designed to keep the rail- drawbacks, and concessions, to foster formed for the better because they can roads open for everyone. access this diverse, dynamic, demo- monopoly, to enrich favored shippers, and to prevent free competition in This is a little complicated because cratic platform where history is made it is the repealing of a repeal. What we every single day. many lines of trade in which the item of transportation is an important fac- are talking about is a CRA that would Again, I urge my colleagues to vote repeal the repeal by the FCC of net yes on this Congressional Review Act tor.’’ This is exactly what we are worried neutrality rules. It is the ultimate resolution to restore net neutrality. small business bill. It will allow small I will now file this discharge petition about with the internet. It could come businesses to compete without limita- with the clerk of the Senate so we can roaring back if we don’t reimpose net tions, and small online companies and begin the process of having this his- neutrality rules. It is not hard to imag- low-income consumers will not be left toric debate on the floor of the U.S. ine that if paid prioritization is al- in the slow lane. Innovation will con- Senate. lowed, which would have a customer on tinue to blossom, and opportunity will I thank all of my colleagues who are the pipes of the internet be able to get have equal access to this incredibly im- going to participate in this discussion a faster speed, it will cement the domi- portant economic engine. this afternoon. It begins at least 1 nance of Facebook and Amazon, which week of full discussion on the Senate are great companies, but it will stifle It is important to understand that floor and in our country on this crit- the development of smaller competi- what this bill does, in my view—or ical issue. tors who can’t afford the access fees. what net neutrality does—is not gov- I yield the floor. One of the great things about the ernment regulation, which is what you The PRESIDING OFFICER. The Sen- internet is its low barriers to entry. If, hear: ‘‘This is government regulation.’’ ator from Maine. indeed, the major internet providers Somebody is going to have the control Mr. KING. Mr. President, I love his- are able to impose barriers to entry, it of the pipes. The question is, Should it tory, and we have been here before. We will, by definition, stifle small busi- be the people who own the pipes so were in exactly this place in 1886. Let nesses across the country. That has they can do whatever they want and me read you a quote from Senator been the glory of the internet; the ena- discriminate against small businesses Thomas W. Palmer of Michigan on this bling of the development of small busi- or other carriers and favor their own floor in 1886. I am going to try to chan- nesses throughout the length and content or should the government sim- nel my 19th century Senator voice: breadth of this country. ply be the referee that says, ‘‘No. This Among the servants of our civilization Here is another one from 1886: ‘‘Rail- is going to be equal’’? I think net neu- none have approached in efficiency the rail- road corporations have improperly en- trality is deregulatory in the sense

VerDate Sep 11 2014 01:56 May 10, 2018 Jkt 079060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G09MY6.040 S09MYPT1 lotter on DSKBCFDHB2PROD with SENATE May 9, 2018 CONGRESSIONAL RECORD — SENATE S2583 that all it does is protect the neu- of service, the openness of service, the the fortunate few, you can get faster trality and the openness of the internet fairness of service that has been a part speeds, more content, and you can get to competitors across the country. of it, that has allowed it to grow so fast access to the kind of technological I had a roundtable in Maine, on Fri- and become so important in our econ- treasure trove that I have seen my col- day, to which I invited small busi- omy? league from the Pacific Northwest, nesses and ISPs, internet service pro- Again, the idea of net neutrality is Senator CANTWELL, talk about. He has viders. The opinion—the response—was really simple. It is that everybody has all kinds of schemes to essentially sug- unanimous in that this is absolutely a fair chance at a fair speed at a fair gest that he really is helping the con- crucial to the survival and the vitality price and that the owners of the pipes sumer when he is really working for of these businesses. We have a small can’t discriminate between certain the folks at the top. company in Maine called Certify. It has businesses and those that can pay more One of my favorites, colleagues—and 150 employees. It is a web-based solu- and those that are bigger or those that my friend from Massachusetts and I tion for people who keep track of their are affiliated with the owners of the have discussed this—is that the head of receipts for business travel. It is a na- pipes. It is all about the small busi- the FCC from time to time discusses tionwide business. It has 10,000 clients nesses of this country. the idea that we would have voluntary across the country, but it is all about This is a real opportunity for us to do net neutrality. It is hard to keep a having equal access to the internet. It something important for the small straight face with this one, the idea has 2 million users around the globe, businesses of America, and I believe that the big cable companies, the big and it is based in Portland, ME. That is this resolution is one that will restore communications monopolies, are going the power of the internet. We don’t us to a place where small businesses to do this voluntarily. I think that is want that business to be choked off by will be able to compete and blossom about as likely as getting my 10-year- a large competitor who can pay pref- and prosper in the future of this coun- old son, William Peter Wyden, to limit erential rates and make my companies try. the number of desserts he eats. It just in Maine pay higher rates and there- I urge support of the CRA that I un- isn’t going to happen. It is not going to fore unable to compete. derstand will come to a vote in about a happen. I see some parents on the floor A little company called Big Room week. I believe this is absolutely essen- who can identify with that. So what we Studios and Yarn Corporation are two tial to the development of the internet- have to do is pass the Markey resolu- software development virtual reality based economy, in rural areas particu- tion and ensure that there is a real po- companies based in Maine. They are larly. To go back to 1886, this body sition at the Federal Communications dependent on continued access to an stepped up at that time, controlled the Commission that has some teeth. open internet. Their founder got in dangerous monopolies of the railroads, The fact is, since he came to town, touch with me. He firmly believes that established the principle of non- since he came to this position, Mr. Pai without net neutrality rules, there is a discrimination and common carry, and has basically tried to water down this real risk that startup companies like that is all we are talking about today. whole effort on net neutrality again his will face barriers to entry that will Mark Twain was right: History and again—we don’t need title II pro- keep them from reaching their full po- doesn’t always repeat itself, but it usu- tection; we don’t need any of the basics tential. ally rhymes. that have been part of this effort that Another great example is Dream The PRESIDING OFFICER. The Sen- we have made for well over a decade to Local Digital, a company in Rockland, ator from Oregon. ensure that net neutrality has real ME, where the employees and cus- Mr. WYDEN. Mr. President, I ask teeth. tomers are all over the place. It is unanimous consent at this point to My friend and colleague mentioned based in a wonderful town in Maine, on speak for up to 5 minutes and to let my that he introduced the first one in the the coast, Rockland. They have cus- colleague from the Pacific Northwest, House. I introduced the first one in the tomers in 65 cities. It is a digital mar- Senator CANTWELL, follow me imme- Senate. The point is, we have been keting company serving customers diately thereafter. working on this for well over a decade throughout the country, primarily The PRESIDING OFFICER. Without in both Chambers. small businesses, all connected through objection, it is so ordered. One of the reasons we sought to take the internet. Led by a visionary named Mr. WYDEN. Thank you, Mr. Presi- this action now is that not only is Mr. Shannon Kinney, their core existence dent. Pai moving ahead to offer this omi- and business model rely on the open Colleagues, this is the only resolu- nous, dangerous definition of ‘‘net neu- internet enabling a significant number tion that provides a golden ticket to trality,’’ but we believe there is going of employees to work from home in 9 maintaining a free and open internet. to be a grassroots juggernaut all across different communities in Maine and 10 By way of a free and open internet— the country saying that now is the other States. They have to have open and I know a lot of folks are following time to be in touch with your Members access to the internet. this debate. I see folks in the Gallery. of Congress to let them know how This isn’t a debate about ISPs and What a free and open internet is all strongly you feel about this. consumers. The smaller ISPs that were about is, after you pay your internet I just attended nine townhall meet- at my roundtable and that I have heard access fee, you get to go where you ings in Oregon. Most of them were in from around the country feel that an want, when you want, and how you rural areas. Net neutrality for rural open internet is as important to them want. Everybody gets treated the communities, folks, is a prerequisite to as it is to their customers. They sup- same. A local florist selling roses out making sure you are not a sacrifice port net neutrality. of their shop in Condon, OR, a kid in zone. Without good communications, OTELCO, a rural broadband com- Roseburg who wants to learn about ar- how do you maintain, for example, pany, provides voice over internet pro- tificial intelligence, a mom in Pen- rural healthcare? tocol, or VoIP, services, and they are dleton who wants to find out about I am very pleased to be out here with worried that larger competitors can de- childcare—all of them get treated the my friends—Senator CANTWELL, who mand paid prioritization fees in order same, and they get treated just like knows so much about this issue; a to maintain service quality, and that the big guys, the people with the deep former Governor, Senator HASSAN, who would be the end of their business. pockets. is very knowledgeable on these issues. This is an incredible moment in the Now the head of the Federal Commu- Those of us from small States, like Senate, and I don’t think this is a po- nications Commission, a gentleman Senator HASSAN and me, know that litical issue. I think this is a small named Mr. Pai, wants something very this is really a lifeline. This is how you business issue. This is a public issue. different. In effect, he wants to turn get access to the big financial markets. The crucial point is, who is going to that on its head and start cutting deals This is how you get access to the com- control the future of the internet? Is it for the people with the deep pockets. munication centers. This is how a kid going to be the owners of the large He would kind of like to have some- in a small town in New Hampshire or a pipes, or is it going to be the public? thing called paid prioritization, which small town in Oregon gets a fair shake Can the internet maintain the quality basically means that if you are one of and has fair opportunity to get ahead,

VerDate Sep 11 2014 01:56 May 10, 2018 Jkt 079060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G09MY6.041 S09MYPT1 lotter on DSKBCFDHB2PROD with SENATE S2584 CONGRESSIONAL RECORD — SENATE May 9, 2018 just like a kid who lives in Beverly level playing field. This really is about protections—a harmful decision that Hills. cable versus the internet. It is about has a variety of consequences. By re- We are going to be back on this floor big cable companies that want to pealing these protections, the FCC has frequently between now and next week charge more to consumers and busi- taken away from consumers and small when we will seek to advance the Mar- nesses versus startups and individuals business owners the ability to control key resolution. I will close the way I who want access to these new applica- their own internet experience and began, colleagues. There is no path to a tions. turned that control over to their inter- free and open internet without the Just three big cable companies con- net service providers. This directly im- Markey resolution. This is the golden trol access to the internet for 70 per- pacts our small businesses and could ticket, this is the only ticket, and I cent of Americans, and over the past threaten the ability of entrepreneurs hope folks all across the country will decade, the prices that Americans pay to get their businesses off the ground. see how important this is and weigh in these kinds of companies have risen al- Without net neutrality, internet with their Senators in the days ahead. most twice as fast as inflation. What service providers will be allowed to Mr. President, thanks to my col- the FCC is doing is giving cable compa- force businesses and consumers to pay league for her courtesy. nies the ability to raise your rates even to play online. While larger more es- I yield the floor. more. That is what this debate is all tablished companies would be able to The PRESIDING OFFICER. The Sen- about. compete, new small businesses and en- ator from Washington. I hope our colleagues on the other trepreneurs might not be able to afford Ms. CANTWELL. Mr. President, I side of the aisle will at least take a such fees, harming their ability to join my colleagues, Senators MARKEY, chance and look at this and understand boost their business and reach more po- WYDEN, and HASSAN, on the floor to add that by giving all of that power to tential customers. This could particu- my name to a resolution to overturn three big cable companies, they are larly impact those in rural commu- the FCC’s decision, which is ill-advised going to charge more for internet ac- nities. Last year, several members of and very wrong as it relates to growing cess; that charging more or slowing the rural and agricultural business an innovation economy. down service for people who won’t pay community in New England wrote to The internet is one of our most im- will have an undue impact on con- the FCC to say: ‘‘Repealing net neu- portant national economic drivers. In sumers and the economy. That is why trality will have a crippling effect on 2017, our internet economy produced we are out here fighting, because so rural economies, further restricting ac- more than $1 trillion in output and cre- much of the internet economy is based cess to the internet for rural businesses ated nearly 200,000 new jobs. In my on an open internet, so much of a rural at a point in time where we need to ex- State, Washington, it has provided a economy that is helping us grow jobs pand and speed up this access instead.’’ platform for new innovation across in rural parts of the United States or This would also impact consumers by many platforms and applications. As a even just our ag economy that depends giving internet service providers the result, 13 percent of our economy is so much on current internet informa- power to discriminate against certain based on innovation and technology. tion as decisions are made. Are our web pages, apps, and streaming and This economic activity supports 250,000 farmers going to be charged more be- video services, by slowing them down, jobs. To say that the FCC’s stymieing cause they aren’t willing to pay the blocking them, or favoring certain of the internet is acceptable is fighting cable rate that you wanted? services while charging consumers words for the State of Washington. I join my colleagues in saying let’s more for other services. From increasing access to pass this congressional resolution that Often consumers would have little healthcare, such as telemedicine, to basically says there has to be a free option for recourse since we are at a making sure we find more affordable and open internet. Let’s get back to time when many Americans only have, healthcare, to reforestation after nat- the innovation and the creation of at most, one or two options for ural disasters—the internet is pro- more jobs, not artificially slowing broadband providers, leaving them viding great tools and solutions for all down the internet and giving a big win stuck with a provider that is using un- of these things. to cable companies. fair practices. Last week, several companies from I thank the Presiding Officer, and I This could also affect the ability of my State joined me in expressing oppo- yield the floor. countless people to organize and sition to the FCC and calling on Con- The PRESIDING OFFICER. The Sen- civically engage online. An open inter- gress to pass this congressional resolu- ator from New Hampshire. net serves as a platform to elevate and tion sponsored by my colleague Sen- Ms. HASSAN. Mr. President, I rise empower voices that have been under- ator MARKEY and all of the Democrats. today to join my colleagues in support represented in traditional media. We These companies know this resolution of reinstating net neutrality. have seen grassroots movements, like is important. Access to a free and open internet is the national Women’s March, organized Redfin, an internet company based in critical to promoting innovation, sup- largely through online activism on the Seattle, is trying to address new ways porting entrepreneurs and small busi- free and open internet. Efforts like of doing real estate business. It is a nesses, and growing our economy. these are critical to our democracy, full-service real estate online tool that Americans are accustomed to and want which is why we need to protect the has helped save $400 million in how we an internet that is consumer-friendly open internet as a mechanism for civic process home sales. and that ensures equal access to con- engagement. Another company, Deja vu Security, tent, no matter their internet service Given how critical net neutrality is spoke about how, if you really want to provider. Net neutrality helps ensure to the lives of countless Granite be great on attacking cyber intrusion, that the internet remains free and open Staters and Americans and to the you need to know when it happens, not by requiring internet service providers strength of our economy, we cannot after the fact or after a 20-minute to treat all content the same way, pro- stop fighting to reinstate a free and delay because you are not paying the viding equal access to applications and open internet. highest rates. content online. I am proud to join a bipartisan group Seattle-based DroneSeed uses drone My constituents in New Hampshire of colleagues to show our support for technology to help reforest lands after are keenly aware of how important net net neutrality and to introduce a Con- natural disasters. neutrality is to their lives. Thousands gressional Review Act resolution to All of those companies joined me in of Granite Staters have called my of- overturn the FCC’s partisan decision. saying that they wanted to see the fice throughout the last year to voice As we head toward considering this FCC’s actions overturned and that they support and urge Congress to protect measure, we are just one vote away wanted this resolution to pass. Why? it. from passing it. So I urge my Repub- Because they know this is a big part of Unfortunately, last December the Re- lican colleagues to put consumers first, our economy. publican-controlled Federal Commu- to help small businesses and entre- Tech innovators got to where they nications Commission, led by Chair- preneurs innovate and thrive, and to are by having an open internet and a man Ajit Pai, repealed net neutrality benefit our economy. With just one

VerDate Sep 11 2014 01:56 May 10, 2018 Jkt 079060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G09MY6.043 S09MYPT1 lotter on DSKBCFDHB2PROD with SENATE May 9, 2018 CONGRESSIONAL RECORD — SENATE S2585 more vote, we can move forward with hundreds of thousands of square feet of It is also one reason the internet has restoring net neutrality and protecting space in order to hire all of their em- become one of the great American suc- an open internet. ployees. That is what happens when cess stories, transforming not only how Thank you, Mr. President. you have an open internet. That is we communicate with family and I yield the floor. what happens when smaller companies friends but also the way companies do The PRESIDING OFFICER. The Sen- and new companies online can raise the business, how consumers buy goods, ator from Massachusetts. capital they need in order to finance and how we educate our kids. Mr. MARKEY. Mr. President, I thank their idea, in order to hire people who At its best, it is an equalizing force the Senator from New Hampshire for will advance this company’s agenda because it means kids on Tribal lands her incredible leadership on this issue. across all 320 million people in the in Minnesota or kids that are in ex- I know she had a huge forum with United States and, ultimately, for treme rural areas are going to be able small businesses up in New Hampshire many of them, across the planet. You to access the same classes as people in that reflected the need to ensure that have to start somewhere, and the only urban areas. we had an open and free internet. way in which it really works is if net It means that a small business in As we talk about net neutrality, I neutrality—if nondiscrimination—is Ada, MN, is going to be able to sell think many people wonder: What does the principle. their goods on the internet just like that mean? What does ‘‘net neutrality’’ So that is what we are going to be de- one of our big companies in the Twin mean exactly? Well, the way to think bating over the next week here on the Cities, like Target or Best Buy. It is an about it is, instead of saying the words Senate floor. It is this fundamental equalizing force. ‘‘net neutrality,’’ you say the word issue of access to capital for the small- Earlier this year, the FCC approved ‘‘nondiscrimination,’’ because that is est companies and not to allow five Chairman Pai’s plan, unfortunately, to what we are talking about. We are companies—the biggest companies—to eliminate net neutrality protections. talking about whether you are an indi- determine who gets access. The prin- Despite the millions of comments from vidual or you are a small firm and you ciple of net neutrality—the principle of the American people asking the FCC to are using the internet in order to have openness—has worked. We now have a protect a fair and open internet—not to your voice heard, in order to start up a whole vocabulary in our country con- mention a half million comments from business and that you are not discrimi- sisting of the names of companies that Russian emails—the FCC voted in De- nated against just because you are a no one knew 20 years ago, 10 years ago, cember to move forward with Chair- small voice; that you are not discrimi- 5 years ago. Those are the companies man Pai’s plan to end net neutrality. nated against because you are not that are rising up and saying they want Under Chairman Pai’s plan, the FCC some huge corporation; that, in this net neutrality to be protected here gives major internet service providers internet era, you are important and today. the ability to significantly change con- you can’t be discriminated against. In addition to that, we have dozens of sumers’ experiences online. Big inter- That is what this debate is all about. other groups, the free press, and others net service providers may soon be able Now, how does that reflect the state who are all saying that we need it to to block, slow, and prioritize web traf- of commerce online in America today? advance democracy as well. We want fic for their own financial gain. They Well, for example, last year in the the smallest individual to know that could begin sorting online traffic into United States—this is an incredible their voice can never be stifled, that fast or slow lanes and charging con- number—half of all venture capital in their voice can never be cut off. That is sumers extra for high-speed broadband. America went to internet and software what this debate is all about. That is Internet service providers could even startups or internet and software com- why the Members are out here on the block content they don’t want their panies in their beginning stages. Think floor. We are trying to reflect the 86 subscribers to access because they about that. That is half of all venture percent of Americans who support net would prefer other content that might capital. Who gets that money? Well, neutrality. I know that is why Senator benefit them financially. they are newer people, newer ideas, and KLOBUCHAR from Minnesota is here. The only protections maintained At this point, Mr. President, I yield newer job creators—the people who under the proposed order are require- the floor. ments for service providers to disclose have transformed our country over the The PRESIDING OFFICER. The Sen- their internet traffic policies. But for last 20 years online. Those are the peo- ator from Minnesota. ple who get access to venture capital in Ms. KLOBUCHAR. Mr. President, I consumers with only one choice for a regime where net neutrality is the am honored to be here today to join internet service, like so many in my law of our country. Senator MARKEY to talk about the im- rural areas in Minnesota, there is no Now, at the same time, the big portance of strong internet neutrality real opportunity to comparison shop or broadband companies have been able to protections. He also came to Minnesota find a new provider if they are un- invest tens of billions of dollars in the this past month and was able to meet happy. So that provision is of little upgrade of their infrastructure. So it is with a number of our small businesses, help. This means that even though con- not as though we are talking about the including a woman who started a busi- sumers may be aware that their inter- big companies getting it all or the lit- ness making children’s clothes and who net service provider is blocking or tle companies getting it all. They are saw growth because of the internet. He slowing their connection, they have no both doing great under the existing for- met people who never would have had choice because they have no alter- mula, but the tens of thousands of that opportunity if we didn’t have net native. smaller internet-based companies neutrality. According to the FCC, more than 24 across this country are the ones who Today we took a major step forward million Americans still lack high-speed are actually creating the jobs. They on this issue by forcing the Senate to broadband. We should be focusing our are the ones that are hiring the new hold a vote on legislation to save net efforts on helping those households get people. They are the ones who need the neutrality. I believe, in the end, we will connected, not eliminating net neu- new real estate—the 1,000 square feet, have the votes to get this done. trality and worsening the digital di- the 5,000 square feet, up to 25,000 square It will send an important message vide. feet, and up to 1 million square feet, ul- that the internet should remain free, But this isn’t just about individual timately. open, and equal to all who use it. It internet users. It will limit competi- That is where we are, for example, will then be considered, we would hope, tion, and that is why it is also about with Wayfair, up in Massachusetts, by the House because our goal is to ac- small businesses. A truly open internet which is a company from which you tually get this done. Why? Because net encourages economic growth and pro- purchase furniture online. It started neutrality is the bedrock of a fair, fast, vides opportunities for businesses to very small, and now it needs hundreds open, and global internet. It holds reach new markets, drive innovation, of thousands of square feet of space. internet service providers accountable and create jobs. Small businesses re- The same thing is true for for providing the internet access con- main engines of job creation, and net TripAdvisor, up in Massachusetts. It sumers expect while protecting innova- neutrality levels the playing field. In started very small, and now it needs tion and competition. one company I toured in Ada—this is a

VerDate Sep 11 2014 01:56 May 10, 2018 Jkt 079060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G09MY6.044 S09MYPT1 lotter on DSKBCFDHB2PROD with SENATE S2586 CONGRESSIONAL RECORD — SENATE May 9, 2018 great example—a woman started this NUCLEAR AGREEMENT WITH IRAN at the University of New Hampshire. I business at her kitchen table. She had Mr. President, I also want to take a wanted to hear concerns of our small such bad internet access in Ada that moment to discuss the Iran agreement business owners about what the net she has to have her 2-person sales force and the President’s decision. Yester- neutrality rollback would mean to located in Fargo—and that is a long day, the President announced the them. In particular, they are concerned way away. But if you look at her whole United States will unilaterally with- that net neutrality will impede their business model, it is about marketing draw from the JCPOA, commonly re- ability to expand and create jobs. on the internet. She has taken that ferred to as the Iran agreement. In conversations with small business business from the kitchen table to one In 2015, I supported the Iran agree- owners and leaders across my State, that has 20 employees and is shipping ment—although I may have negotiated they tell me this rollback is a direct her products—that would be chain jew- differently—but we had the agreement threat to their businesses. They say it elry—all over the country. that was before us. I supported it be- would be like watching their large Well, without unrestricted access to cause I believed it was the best avail- competitors take the highway while the internet, entrepreneurs may be able option for putting the brakes on a they are forced to take the slow roads. forced to pay for equal footing to com- nuclear weapon for Iran. I still believe Without net neutrality, broadband pro- pete online. So if it isn’t bad enough that today. We cannot allow Iran to ob- viders could charge more for fast that she doesn’t have access right tain a nuclear weapon. In this critical lanes—a cost that many small busi- where her business is and has to have time, as we head into negotiations on nesses simply can’t afford. This would her employees located off campus—way North Korea’s nuclear weapons, we put them at an even greater competi- over, actually in another State—now, cannot be backing away from inter- tive disadvantage vis-a-vis large cor- if you get rid of net neutrality, she will national agreements and nuclear in- porations that have the resources to not be able to have an even playing spections. pay for those fast lanes. In the digital field at all. She will be in the slow Preventing Iran from obtaining a nu- age, speed is critical. lane. clear weapon is one of the most impor- Witnesses at our field hearing point- This proposal will hurt the very peo- tant objectives of our national security ed to research showing that even small ple creating jobs and keeping our econ- policy. I strongly advocated for, and delays of a second or less—just think omy competitive. That is why I have supported, the economic sanctions that about that, a second or less—can lead joined my colleagues who push for a brought Iran to the negotiating table to the loss of significant sales. Cus- tomers today expect a fast, easy online vote on Senator MARKEY’s resolution and the subsequent sanctions passed to repeal Chairman Pai’s plan and pro- last year to address Iran’s destabilizing experience. It is clear, small businesses tect net neutrality rules. activities and promotion of terrorism. operating at slim margins would lose Unilateral withdrawal from the out to big firms that can afford the fast Over the next few days, we need to agreement has resulted in a splintered lane. keep the pressure on because the vote international partnership with our Eu- Josh Cyr, who testified at our hear- will have a major impact on the future ropean allies that has been critical to ing, is an executive with Alpha Loft. of the internet. This repeal is part of a preventing Iran from obtaining a nu- Alpha Loft is a startup incubator that larger trend of helping large companies clear weapon. We should, instead, be is based in Manchester and Ports- push out their competition. The fight negotiating a more comprehensive mouth, NH. At the field hearing, he to protect net neutrality is far from agreement that includes Iran’s nuclear had a stark warning. He said: over, and we need to make our voices ambitions today and in the future, bal- The repeal of net neutrality protections heard. listic missile tests, and destabilizing enables a small handful of very powerful Mr. President, I rise to join many of activities that pose a direct threat to internet providers tremendous control over my colleagues who have come to the Israel and other allies. what is delivered to consumers’ homes and floor to speak about our country’s We can conduct those negotiations the speed with which it is delivered. Without third branch of government—our net neutrality, the power and control these with our allies as part of a team with- internet providers have will allow them to courts—as well as to express my oppo- out withdrawing from the existing sition to the nomination of Michael create artificial market barriers. agreement. The repeal of net neutrality would Brennan to the Seventh Circuit Court I yield the floor. pose even greater challenges for small of Appeals. The PRESIDING OFFICER (Mr. LEE). businesses in rural areas. As Senator As a member of the Judiciary Com- The Senator from New Hampshire. KLOBUCHAR said, she has a lot of rural mittee, I am very disappointed that the NET NEUTRALITY Senate has decided to abandon the areas in Minnesota. Well, so does New Mrs. SHAHEEN. Mr. President, I am Hampshire. A 2015 survey by the Uni- blue-slip tradition for circuit court pleased to join my colleagues on the judges. The blue-slip policy held true versity of New Hampshire showed that floor to very strongly support the Con- nearly 40 percent of New Hampshire throughout the entirety of the previous gressional Review Act resolution to re- administration, including when Repub- residents who were polled said they store net neutrality and maintain a were using their current provider be- licans ran the Senate and when Demo- free and open internet. I applaud Sen- crats ran the Senate. This is for good cause it is the only option available to ator ED MARKEY for his leadership in them. Many rural small businesses will reason. The blue slip is a key check introducing this Congressional Review and balance. In my view, it has pro- have nowhere else to turn if their Act resolution. broadband provider decides to charge moted cooperation, as well as resulted Restoring net neutrality is especially more or slow down the connection. Our in better decision making for judges critical to small businesses and startup witnesses noted that net neutrality across party lines. companies in New Hampshire and could heighten the rural urban divide, Senators have a solemn obligation to across the United States. Small busi- making it more challenging for small advise and consent on the President’s nesses are the backbone of our Granite businesses and rural communities to nominees to the Federal courts, and I State’s economy. They represent 99 reach customers, attract workers, and take that obligation very seriously. I percent of our employers. The internet stay connected. know my colleague Senator BALDWIN continues to provide opportunity for One of the other people testifying at also takes that responsibility very seri- these small businesses because it levels the hearing was Nancy Pearson. She is ously. That is why she had a bipartisan the playing field. It makes it easier to the director of the New Hampshire Cen- process in place through which she find new customers and grow online, ter for Women and Enterprise. She tes- worked with Senator JOHNSON in an ef- but that level playing field is now in tified that net neutrality is a matter of fort to produce consensus nominees. jeopardy because of the Federal Com- equality. She said: This nominee did not gain sufficient munications Commission’s decision to New Hampshire small businesses and support from the Wisconsin judicial end net neutrality protections. microbusinesses rely on the equalizing force nominations commission. So it is un- Last Thursday, I convened a field of the internet, and just to put that in per- fortunate that we are considering his hearing of the Senate Committee on spective, women start businesses at five nomination on the Senate floor. Small Business and Entrepreneurship times the rate of any other entrepreneur—

VerDate Sep 11 2014 01:56 May 10, 2018 Jkt 079060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G09MY6.046 S09MYPT1 lotter on DSKBCFDHB2PROD with SENATE May 9, 2018 CONGRESSIONAL RECORD — SENATE S2587 and for minority women and veterans, that hance their education or help them do of their biggest concerns was the repeal number is even higher. So when we start put- their homework. of net neutrality and how that would ting barriers in the way of these entre- I have heard from librarians and li- adversely affect their business’s profit- preneurs, it can have a significant and, I brary administrators from all across ability and success. think, disastrous effect. Nevada expressing their concerns about With net neutrality’s repeal, business The FCC’s rollback of net neutrality the direct negative impact net owners, like Katie, who cofounded a rules is also creating tremendous un- neutrality’s repeal would have on Ne- tech company in Reno, would have to certainty, especially for startup busi- vadans. They told me that repealing go up against large corporations that nesses that are looking to plan ahead. net neutrality would hamper their abil- can afford to buy faster internet It could have major ramifications on ity to provide Nevadans with essential speeds. This would stifle competition, sales, marketing, and internet costs services. According to the Pew Re- and it would cripple the growth of that small businesses just can’t pre- search Center, ‘‘Library users who take small businesses like hers. Katie told dict. advantage of libraries’ computers and me: Participants at the field hearing internet connections are more likely to It would really be a stifling situation for warned that the FCC’s decision will af- be young, black, female, and lower in- us, not only financially, but from an innova- fect not only businesses but also insti- come.’’ tion standpoint. Your dollars have to go to tutions of higher education. It will also In Nevada, I know students who don’t furthering your business, not paying to de- negatively impact efforts to provide have access to internet at home now go liver it. telemedicine consultations to patients to the library to do their homework. Nevada’s economic growth depends who don’t have access to services lo- Nevadans applying for jobs currently on the small business owners, like cally. Again, we have a big rural popu- use the internet in public libraries to Katie, who invest in our communities, lation in New Hampshire—well, a small connect with employers to submit re- and that is why we can’t afford to re- population but a lot of rural areas. sumes and job applications. Many Ne- peal net neutrality. I am concerned, for instance, about vadans use the internet and internet Chairman Pai’s misguided decision to the impact on the Veterans’ Adminis- access to learn new skills through repeal net neutrality protections tration’s outpatient clinic in Littleton, training resources that are available threatens to change the internet as we NH. It relies on telemedicine to provide online. know it. It threatens our small busi- psychiatric care to veterans in remote In November of last year, I received a nesses, access to online education, job locations. What will happen if they can letter from the Las Vegas-Clark Coun- growth, and innovation by giving those no longer provide that service because ty Library District strongly opposing who can afford to pay more the ability they don’t have the ability to pay for the repeal of net neutrality. The Las to set their own rules. those lanes anymore? Vegas-Clark County Library District is Nevada’s small businesses, local hos- Small businesses, consumers, and all the largest in the State and serves over pitals, public libraries, and disadvan- Americans who care about a level play- 1.6 million people. The letter reads: taged communities, among many oth- ing field on the internet have every Many of our customers, even in the urban ers, will bear the burden as they be- reason to be concerned by the FCC’s re- areas of the county, are not able to afford ac- come subject to the whims of peal of net neutrality protections, but cess to the internet at their homes at all, broadband providers that now have the and rely on public libraries to complete their their ill-considered rollback doesn’t ability to elevate their own content have to be the last word. We can bring school work, research information about starting small businesses, and whatever else and pick and choose which websites Ne- to the floor a bipartisan resolution to they need to do on the internet. vadans can have access to. prevent the FCC’s rollback from going Limiting the ability of public librar- The FCC has a longstanding responsi- forward. ies to provide fast, reliable internet bility of protecting American con- A coalition of more than 6,000 small service means limiting opportunities sumers and the public interest. While businesses across the country sent a for Nevadans to thrive. Chairman Pai refuses to properly do letter to Congress asking us to protect Through simple online marketing or his job, I urge my colleagues to vote in them by overturning the FCC’s deci- by using online sales platforms, small support of the CRA and stand with all sion to repeal net neutrality. Further, businesses have the opportunity to im- Americans, regardless of their income. at my field hearing last week, Granite prove their visibility and expand their Thank you. State small businesses offered compel- customer base. I yield the floor. ling testimony about the importance of It has become possible for startup I suggest the absence of a quorum. net neutrality to their competitiveness companies to get a fair chance at com- The PRESIDING OFFICER. The and their ability to expand and hire peting in highly saturated markets be- clerk will call the roll. new workers. We must not ignore this cause of internet accessibility. The assistant bill clerk proceeded to groundswell of opposition to the FCC’s It is true in Nevada and all across the call the roll. rollback of rules that ensure equal ac- country that the internet has opened Mr. BROWN. Mr. President, I ask cess to the internet. doors for jobs, businesses, education, unanimous consent that the order for I urge my colleagues on both sides of innovation, and technology, and net the quorum call be rescinded. the aisle to support the Congressional neutrality protections have allowed The PRESIDING OFFICER. Without Review Act resolution. Let’s restore the country to continue opening those objection, it is so ordered. net neutrality protections and ensure a doors. Mr. BROWN. Mr. President, when we free and open internet, with access on As access to the internet has ex- look at what this body has done over equal terms, for all businesses and con- ploded, more and more Americans have the past year and a half, when we look sumers. been empowered to start their own at what the U.S. Senate stands for and I yield the floor. business ventures. More specifically, what the 100 Members of the Senate The PRESIDING OFFICER. The Sen- there has been a sharp growth in have done in the last 18 months, unfor- ator from Nevada. women business owners due in large tunately, one thing is really clear: Cor- Ms. CORTEZ MASTO. Mr. President, part to a freely accessible, fair and porations get handout after handout I am proud to stand with my good col- open internet. while ordinary Americans get the league from New Hampshire and all of As you have heard, between 2007 and shaft. my colleagues today in defense of net 2016, women-owned firms grew at a rate Corporations are doing really, really, neutrality. of five times the national average, mir- really well, especially those companies Net neutrality has leveled the play- roring the emergence of the internet as that shut down production in places ing field for every American consumer, a platform for economic growth. For like Mansfield, Toledo, Lima, and allowing everyone to access and enjoy example, Etsy, an online shopping plat- Gainesville and moved production an open internet. Thanks to the inter- form, caters to small businesses, 87 per- overseas; those companies are re- net provided by schools and public li- cent of which are owned by women. warded. They are rewarded because braries, students have been able to uti- Just last week, I held a roundtable in down the hall, often in the dead of lize information available online to en- Reno with women entrepreneurs. One night, lobbyists gather in the majority

VerDate Sep 11 2014 01:56 May 10, 2018 Jkt 079060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G09MY6.048 S09MYPT1 lotter on DSKBCFDHB2PROD with SENATE S2588 CONGRESSIONAL RECORD — SENATE May 9, 2018 leader’s office and write tax legisla- Protecting those rules is vital to pro- two-thirds of all net new jobs. These tion, write healthcare legislation, and tecting free speech and consumer are the companies that will be hurt the write consumer legislation that always choice and access to public informa- most if the biggest corporations— helps the richest and the biggest and tion. again, in this Senate—are allowed to the most profitable in our country and But last December, the FCC—the gouge them for internet fees. leaves out the middle class, working Federal Communications Commis- This shouldn’t be partisan. Nobody families, and low-income Americans. sion—on a party-line vote, where there separates themselves as Republicans We saw it with the tax bill. Eighty is a majority of Republicans on this and Democrats out in my State on percent of the benefits over the course Commission, voted to repeal those these kinds of issues, but here it is par- of this bill—80 percent of the benefits, rules by one vote, allowing internet tisan. Here it is partisan because, first $4 out of every $5—go to the top 1 per- providers to slow down internet speeds of all, the administration looks like a cent of earners in this country. Reports and offer better connectivity to the retreat for Wall Street executives, with show that corporations have funneled highest bidder. this huge—this very decided bias to- their tax savings to executives and in- I don’t know any individual in Day- ward the wealthiest people in this vestors over workers by a three-to-one ton or Cincinnati or Gallipolis or Bel- country. We know that on issue after margin. laire, OH, who has said to me: I don’t issue, this body always sides with the The people who wrote this tax bill want net neutrality; I want corpora- largest corporations, but small busi- promised us that the money saved by tions to be able to charge different nesses will be the ones that are hurt large corporations—their tax rates rates and stick it to people with low in- the most, as I said. were cut from 35 to 22 percent and comes and offer something better to It shouldn’t be partisan. We know the other kinds of tax goodies were be- those people who are wealthy. I have internet is vital to modern life and stowed on the largest corporations in never heard anybody say that. modern businesses. this country. They promised the tax I know companies that benefit from Today I spoke to a woman from savings would go to higher wages for changing the net neutrality rules; I Cleveland, OH, a small business owner workers and investments in commu- don’t know any individuals who want named Helen Quinn. She and her hus- nities that produce more jobs. Do my to do that. But it is not individuals and band, Jesse Mason, started Mason’s Ice colleagues know what happened not the middle class that control this body Cream as a food truck that would go to too many weeks ago? General Motors or control the Federal Communica- local farmers markets. Using tools near Youngstown, OH, announced they tions Commission. It is the people who from Google and others, they were able were laying off 1,500 workers. represent the largest corporate inter- to grow a following for their business. General Motors saved billions of dol- ests. In 2014 they had reached a point where lars under the tax bill, but that money We know that without net neutrality they had been successful enough that didn’t go to Youngstown or Ohio or the rules, broadband providers can charge they were able to buy an old, iconic workers, and it didn’t go to invest- customers more for faster speeds, walkup ice cream shop in Ohio City, a ments in communities; it went to the squeezing out startups, squeezing out neighborhood west of downtown Cleve- executives in higher compensation. nonprofits and rural consumers—con- land, not far from where I live. They Right before the tax break, the five sumers who can’t afford to pay an are now operating full time. They em- top-earning executives at General Mo- extra fee. They could be forced to pay ploy local Clevelanders. They partner tors brought home $100 million last for internet packages the way we do with other small businesses in the year. That was before the tax cut, be- cable packages—paying more for pop- neighborhood. fore taxes were raised on all of you in ular sites and to have pages load faster. This Friday, Helen and Jesse will the middle class. Taxes are raised on Anyone who has ever been on the phone join me in Cleveland for the Grow with working families over time, and the negotiating packages with their cable Google summit to talk to other small tax breaks go to the richest people in company knows how frustrating it can businesses and entrepreneurs and job this country. be and knows where this could be head- seekers about the best techniques for We saw it with the tax bill. We saw it ed. using the internet to grow businesses with the rollback in protections for High-speed internet is expensive consumers. It is easier for big banks and find jobs. I would bet any amount enough as it is. Customers already and payday lenders to take advantage that there will not be one person have too few choices. In some cases in of their customers and deny those cus- there—not one entrepreneur, not one Ohio, for instance, people in my State tomers their day in court when they job seeker, not one business owner— have no choice at all. I will never for- are cheated. who says: Oh, I want to relax these net We see it in healthcare legislation get that not too many years ago I was neutrality rules. I want to side with when Members of this body—well-paid talking to a high school sophomore the big corporations instead of allow- U.S. Senators, well-paid, get good bene- who told me she lives in very hilly Ap- ing free and equal access to the inter- fits, good healthcare coverage—were palachia, Southeast Ohio, and she told net. willing to vote time and again to take me that she can’t really study at home Why would we want to make that that healthcare coverage away from because she doesn’t have access to the harder and more expensive? Rolling consumers. In Ohio alone, 500,000 peo- internet, to any kind of high-speed back these net neutrality rules will ple right now—over the course of the internet, because she lives in a valley. hurt the very people all of us claim we last few years—have gotten opioid She goes to her grandmother’s up on a want to help—small businesses, treatment for their addiction because hill to study so she can do her school startups, students, Americans looking they had insurance under the Afford- work the way she needs to. If we don’t for jobs. Those are the people who will able Care Act. These Members of the stand up to the Federal Communica- get hurt. Senate have tried to take it away from tions Commission, if we don’t stand up Many large corporations will do well them. to these big telecommunications com- under this bill. That typically is the Now the question is: Are we going to panies, if we don’t stand up and do the motive and mission for people who see it again? Are we going to see the right thing here, that will continue to come out of the majority leader’s of- bias in this body for the wealthiest, be a problem and increasingly be a fice, these lobbyists who are always largest corporations on a tax bill, on a problem for far too many Ohioans. A working on these issues to help cor- bank bill, on a healthcare bill—are we free and open internet that levels the porate America. But rolling back these going to see it again with net neu- playing field for entrepreneurs and rules will hurt those very people we trality? Are my colleagues going to startups to compete with big corpora- claim to want to help—again, small allow corporate special interests to tions is what we need to have. businesses and startups and entre- shut down the free and open internet So many of my colleagues love to preneurs and students and Americans or, for once—for once—is this body talk about their support for business, looking for jobs. That is why today we going to stand for the people we serve? but the question is which businesses. It are filing a petition to get moving on a Net neutrality rules keep the inter- is small businesses that drive job cre- bill to overturn this disastrous decision net free from corporate interference. ation. It is small businesses that create and reinstate net neutrality rules.

VerDate Sep 11 2014 01:56 May 10, 2018 Jkt 079060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G09MY6.051 S09MYPT1 lotter on DSKBCFDHB2PROD with SENATE May 9, 2018 CONGRESSIONAL RECORD — SENATE S2589 It is another question fundamentally, the table; that the President be imme- tributions to Utah are recognized. Leo as pretty much every debate here is, of diately notified of the Senate’s action; is a true American success story. whose side you are on. Are my col- that no further motions be in order; While serving in the Army, Leo met leagues going to stand, again, with the and that any statements relating to the love of his life at a small town biggest telecom corporations as they the nomination be printed in the dance, Rebecca Manzanares, of Monti- stood with the big corporations that RECORD. cello, UT. They were married in the outsourced jobs, as they stand with The PRESIDING OFFICER. Without Glendale neighborhood of Salt Lake Wall Street, as they stand with Big To- objection, it is so ordered. City and together raised 11 children: bacco, as they stand with the Koch The nomination considered and con- Leona, Jay, Guy, Luben, Jim, Tanya, brothers, as they stand with the big firmed is as follows: Reba, Leo, Max, Toni, and Belen. Leo healthcare companies that deny insur- IN THE COAST GUARD worked at Hall Process Company for ance and deny healthcare to working The following named officer for appoint- $1.45 an hour, but he and Rebecca still families? Are they going to stand with ment as Commandant of the United States managed to invest a small fortune in them—with big telecom companies Coast Guard and to the grade indicated real estate. that slow down the internet, slow down under title 14, U.S.C., section 44: Where some saw oppression and ex- the economy to pad their own bottom To be admiral ploitation, Leo and Rebecca saw oppor- lines? Are we going to stand with the Vice Adm. Karl L. Schultz tunity and fortune, teaching their chil- people we serve—with hard-working f dren that they could obtain and Americans and small businesses and achieve anything America offered if students and entrepreneurs who need LEGISLATIVE SESSION they worked hard, became educated, access to the internet? and stayed out of trouble. Their chil- dren succeeded in different ways and The internet doesn’t belong to a MORNING BUSINESS wealthy few. This Senate too often be- remain powerfully united as a loving longs to a wealthy few. It shouldn’t. A Mr. MCCONNELL. Mr. President, I and supportive family unit. lot have opposed those efforts. We ask unanimous consent that the Sen- Leo also contributed to the Salt know, though, that the internet should ate resume legislative session for a pe- Lake community. Beginning in 1965, he not belong to a wealthy few. The inter- riod of morning business, with Sen- began encouraging young boys to dis- net belongs to the people we were sent ators permitted to speak therein for up cipline themselves through sports in here to represent. to 10 minutes each. his Glendale neighborhood. At first, I hope my colleagues will join me and The PRESIDING OFFICER. Without Leo trained young boys on a punching sign this petition to protect a free and objection, it is so ordered. bag hung under a tree in his side yard, open internet. f where he could keep an eye on them while he worked. By 1970, boys started I suggest the absence of a quorum. TRIBUTE TO LEO MONTOYA The PRESIDING OFFICER. The showing up in larger numbers, many of clerk will call the roll. Mr. HATCH. Mr. President, as we them troubled youth from broken The assistant bill clerk proceeded to move through life, certain people leave homes, so Leo began holding daily call the roll. a lasting impression, and I rise today practice in church and school gym- Mr. MCCONNELL. Mr. President, I to recognize one of them. Leo Montoya, nasiums to give the boys something to ask unanimous consent that the order a citizen of Utah, is an exceptional do after school. for the quorum call be rescinded. man who has impressed me with his By 1975, his boxing team had more The PRESIDING OFFICER (Mr. commitment to family, faith, and com- than 20 members that he took to com- TILLIS). Without objection, it is so or- munity. pete in tournaments throughout the dered. In 1928, the year Alexander Fleming intermountain area and beyond—all at ORDER OF PROCEDURE discovered penicillin, Leo was born on his own expense. By 1980, Leo knew he Mr. MCCONNELL. Mr. President, I June 4 as the seventh of nine siblings needed something more permanent for ask unanimous consent that notwith- to Epifanio and Decideria (Gutierrez) the boys, so he bought an old second- standing the provisions of rule XXII, at Montoya. Decideria’s family roots were hand store in Salt Lake’s Guadalupe 12 noon, on Thursday, May 10, all time in New Mexico, where she raised her neighborhood and converted it into the be considered expired on the Brennan family as head of household in La Jara Leo Montoya Boxing Club, which still nomination and the Senate vote on and Lumberton. Decideria worked out- welcomes young male and female box- confirmation with no intervening ac- side the home, so her daughters took ers. tion or debate; further, that following care of their youngest siblings while Leo supports his Guadalupe neighbor- disposition of the Brennan nomination, the older brothers contributed to sup- hood in other ways as well. In the win- the Senate vote on cloture on Execu- port the family any way they could. ter, he plows the sidewalks of the Boys tive Calendar No. 729, the Carson nomi- The family lived under extreme pov- and Girls Club on 600 West and 300 nation; further, that the cloture vote erty and hardship in La Jara until North, as well as the sidewalks for his on Executive Calendar No. 777, the Leo’s 14-year-old brother, Candido, elderly neighbors. Leo regularly pa- Nalbandian nomination, occur at 1:45 traveled 90 miles north to find work in trols the Guadalupe neighborhood in p.m.; and that if cloture is invoked on the Lumberton coal mines. his golf cart to keep his community both nominations, debate time run Candido saved his meager earnings to clean and safe. Virtually every resident concurrently. Finally, I ask that with buy a small ranch to support his moth- and businessowner in the neighborhood respect to the Brennan nomination, if er and siblings with the help of his appreciates Leo’s vigilance. confirmed, the motion to reconsider be younger brothers, Jose and Eudoro, In 2012, Leo was celebrated in one of considered made and laid upon the who also worked in the mines. Jose had Utah’s major newspapers under the table and the President be immediately only one arm but loaded coal shovel- Salt Lake Tribune headline: ‘‘In His notified of the Senate’s action. for-shovel against any other worker. West-side Gym, Leo Montoya Turns The PRESIDING OFFICER. Without Both Candido and Eudoro served in the Boys Into Men.’’ In 2013, Leo’s con- objection, it is so ordered. military during WWII, and Leo, Tony, tributions to the neighborhood were f and Elisandro served during the Korean featured on the front page of the Des- war. Leo’s oldest child, Tereso, was eret News under the headline: ‘‘Com- EXECUTIVE CALENDAR born during the Korean war. munity Celebrates Boxing Coach’s 85th Mr. MCCONNELL. Mr. President, I It is Utah’s good fortune that the en- Birthday, Impact on Neighborhood.’’ A ask unanimous consent that the Sen- tire Montoya family eventually settled quote in the Tribune article might ate proceed to the consideration of the in Utah. They are hard-working, hon- have best captured what makes Leo following nomination: Executive Cal- est, and enterprising people who value unique and such a treasure as he con- endar No. 828; that the nomination be God, family, and country above all templates: ‘‘It makes me feel great confirmed; that the motion to recon- else. Leo is the last of them, and it is that I’ve been accomplishing some- sider be considered made and laid upon fitting that his achievements and con- thing nice (and helped) somebody . . .

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