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

Vol. 163 WASHINGTON, MONDAY, OCTOBER 2, 2017 No. 157 Senate The Senate met at 3 p.m. and was ate now observe a moment of silence their time, our fellow Americans are called to order by the President pro for the victims of the Las Vegas at- always there to offer what they can tempore (Mr. HATCH). tack. when others are in need. f The PRESIDENT pro tempore. With- We thank these Americans and law out objection, it is so ordered. enforcement and the first responders PRAYER The Senate will now observe a mo- for everything they have done. We The Chaplain, Dr. Barry C. Black, of- ment of silence for the victims of the thank them for their efforts that con- fered the following prayer: attack in Las Vegas. tinue now. Let us pray. (Moment of silence.) We again send our condolences to ev- Eternal Lord God, we lift our hearts The PRESIDING OFFICER (Mr. eryone affected by this terrible trag- to You. Lord, please shower Your YOUNG). The majority leader is recog- edy. mercy on our Nation, as we seek to nized. f deal with the Las Vegas mass shooting. f Please show mercy to the victims and RESERVATION OF LEADER TIME their families. Lord, in spite of this LAS VEGAS MASS SHOOTING The PRESIDING OFFICER. Under horrific act, give us faith to believe Mr. MCCONNELL. Mr. President, the the previous order, the leadership time that evil will not ultimately prevail in news we awoke to this morning was is reserved. our world. May this tragedy motivate heartbreaking. What happened in Las f us to plant and water seeds of peace as Vegas is shocking, it is tragic, and for we cultivate a greater respect for the those affected and their families, it is CONCLUSION OF MORNING laws of seedtime and harvest. Cut in devastating. It is hard to even imagine BUSINESS pieces the cords of wickedness that their pain. I hope they will know that The PRESIDING OFFICER. Morning seek to bind us. we are praying for them now. I hope business is closed. Today, guide our Senators and use they will find strength in the love and f them as ambassadors of reconciliation kindness of those around them in these in our Nation and world. hours of such darkness and pain. I hope EXECUTIVE SESSION Eternal God, although we walk in the they will see that our country is stand- midst of trouble, stretch forth Your ing by their side today. EXECUTIVE CALENDAR hands and revive us with Your might. Many Americans are still in shock. We pray in Your merciful Name. Others have begun to wonder why The PRESIDING OFFICER. Under Amen. someone would do something this ter- the previous order, the Senate will pro- f rible. Investigators will continue their ceed to executive session to resume consideration of the Pai nomination, PLEDGE OF ALLEGIANCE dedicated work in search of answers, but what is clear now is that this is a which the clerk will report. The President pro tempore led the moment for national mourning and for The senior assistant legislative clerk Pledge of Allegiance, as follows: prayer. read the nomination of Ajit Varadaraj I pledge allegiance to the Flag of the Just a moment ago, President Trump Pai, of Kansas, to be a Member of the United States of America, and to the Repub- led the country in observing a moment Federal Communications Commission lic for which it stands, one nation under God, for a term of five years from July 1, indivisible, with liberty and justice for all. of silence. As he noted this morning, we are all grateful for the courageous 2016. f efforts of the first responders. They al- The PRESIDING OFFICER. The Sen- RECOGNITION OF THE MAJORITY ways put their lives on the line to save ator from Utah. LEADER others. They do so with a selflessness LAS VEGAS MASS SHOOTING The PRESIDENT pro tempore. The that reminds us of the inherent cour- Mr. HATCH. Mr. President, there are majority leader is recognized. age and mercy that remains possible a number of issues I wish to speak on f within each of us—light amidst the today, but first I wish to extend my dark, hope in times of terrible grief. most sincere condolences to the vic- MOMENT OF SILENCE FOR THE The same is true of the national spir- tims of violence in Las Vegas. VICTIMS OF THE LAS VEGAS AT- it of compassion that shines through What we witnessed last night was a TACK our country in the moments when it is tragedy without precedent. Today, our Mr. MCCONNELL. Mr. President, I needed most. Whether it is lining up to thoughts are with all those folks who ask unanimous consent that the Sen- donate blood or signing up to volunteer have lost—the families, loved ones, and

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

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VerDate Sep 11 2014 04:11 Oct 03, 2017 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A02OC6.000 S02OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6238 CONGRESSIONAL RECORD — SENATE October 2, 2017 friends whose lives will never be the plaint. Elder Hales decided when he ‘‘Mens rea’’ is a Latin phrase mean- same as a result of this shooting. was still a young man that he would ing guilty mind. One of the time-hon- Our hearts are with all of you, and so never let anything get in the way of his ored, fundamental features of our are our prayers. We love you. We stand church service. criminal law is that for a person to be by you today. We ask that God will Following his career in the Air found guilty of a crime, he or she must stand by you always. Force, Elder Hales enrolled at Harvard have committed the act with criminal REMEMBERING ELDER ROBERT D. HALES Business School, where he was called intent or mens rea. In the English com- Mr. President, I wish to pay tribute to serve as Elders Quorum president, mon law, this principle was summa- to Elder Robert D. Hales, a member of one of the most demanding leadership rized in the idea that the act is not cul- the Quorum of the Twelve Apostles of positions in the LDS Church. Because pable unless the mind is guilty. Mens the Church of Jesus Christ of Latter- of his heavy course load, Elder Hales rea requirements protect individuals day Saints. could have easily declined the calling, who commit an illegal act without With his family gathered around his but he gladly accepted it. His wife knowing that their action was wrong bedside, Elder Hales passed away Mary guided him in making this deci- or unlawful. peacefully yesterday afternoon in be- sion. When Elder Hales said he might To give an example, a person who tween sessions of LDS General Con- fail his classes if he agreed to serve as mistakenly retrieves the wrong coat ference. More than a beloved leader, he the Elders Quorum president, Mary from a coatroom does not become a was a caring family man, a powerful said: thief merely because he took some- role model, and a close friend whom I Bob, I would rather have an active priest- thing that wasn’t his but looked like will miss dearly. Today, I wish to pay hood holder than a man who holds a master’s his. Only if he knows that the coat be- tribute to Elder Hales as we remember degree from Harvard. We’ll do both. longs to someone else does he commit a life well-lived. With Mary’s unwavering support, a criminal act. Elder Hales was born on August 4, Elder Hales served successfully as an Unfortunately, many of our current 1932, to Rulon and Vera Hales. He grew Elders Quorum president in addition to criminal laws and regulations contain up on Long Island in a diverse neigh- earning his MBA. He would later go on inadequate mens rea requirements, and borhood, which allowed him to become to work as a high-level executive at some contain no mens rea requirement familiar with a variety of different cul- multiple national corporations. at all. This leaves individuals—inno- tures. Although raised on the east From this formative experience, Bob cent individuals—subject and vulner- coast, Elder Hales always maintained and Mary learned that God would pro- able to prosecution for conduct they strong western roots. He would speak vide for them as long as they put the believed to be lawful at the time. In recent years, as Congress and Fed- fondly of the summers he spent in Utah gospel first. That is why Elder Hales eral agencies have criminalized more bailing hay, riding horses, tending did not hesitate to leave his business behavior, they have often been vague sheep, and herding cattle in the moun- career behind when he was called to about mens rea requirements or even tain pastures. Although Elder Hales serve as a mission president and later silent about mens rea altogether. as an apostle in the Church of Jesus would later become an accomplished In a 2014 Tennessee Law Review arti- Christ of Latter-day Saints. businessman, he was no stranger to cle, Michael Cottone investigated how Elder Hales provided a model of serv- manual labor, and he credited his early many Federal criminal statutes there ant-leadership for all of us to follow. days working on the farm as the source are in the U.S. code. Mr. Cottone ex- He was a true disciple of Jesus Christ, of his strong work ethic. plained that ‘‘tellingly, no exact count putting the welfare of others before self During his teenage years, Elder Hales of the number of federal statutes that and the Kingdom of God above all. He distinguished himself as a student and impose criminal sanctions has ever was gracious and loving, thoughtful excelled as a pitcher for his high school been given.’’ Most scholars agree that and kind. In all things, Elder Hales ex- baseball team. there are approximately 5,000 Federal After enrolling at the University of emplified humanity and humility, statutes that impose criminal sanc- Utah, he returned home to New York which was the hallmark of his life. tions, but those criminal statutes do While millions of us grieve his pass- for the summer and met Mary not include the nearly 300,000 Federal ing, we take peace and comfort in Crandall. It was love at first sight. regulations that also carry criminal knowing that his service continues on They married a year later in the Salt penalties. Lake Temple on June 10, 1953. the other side. With so many criminal laws on the I knew him very well, played golf Following his graduation from col- books, it is far too easy for Americans lege, Elder Hales joined the U.S. Air with him, thought he was one of the to break Federal laws unwittingly, Force, where he served as a fighter great men in my life. I am going to pay with no understanding whatsoever that pilot. His squadron’s motto was ‘‘Re- tribute to him and his family here their behavior happens to be illegal. turn With Honor.’’ In his own words, today in front of the whole United For example, did you know it is a Fed- ‘‘The motto was a constant reminder States Senate and the country. He was eral crime to write a check for an to us of our determination to return to one of the most worthwhile people I amount of less than $1 or that it is a home base with honor after we had ex- ever met. We are going to miss him. Federal crime to allow a pet to make a pended all of our efforts to successfully REFORM OF CRIMINAL INTENT REQUIREMENTS noise that frightens wildlife on Federal complete every aspect of our mission.’’ Mr. President, with the time I have land? Even more incredibly, did you ‘‘Return With Honor’’ would become remaining, I wish to address an issue know it is a Federal crime to keep a the credo by which Elder Hales lived that remains critically important as pet on a leash that exceeds 6 feet in his life, expending every effort as a well—overcriminalization and the need length on Federal land? faith leader, father, and friend to bet- to reform criminal intent requirements These are only a few examples of un- ter himself, bless others, and build the in our Federal criminal code. lawful activities that reasonable people Kingdom of God. Like many of my colleagues, I be- could not reasonably be expected to Yesterday afternoon, after decades of lieve Congress has criminalized far too know. What is worse, many of these un- dedicated service as a minister of Jesus much conduct and has mandated overly lawful activities are punishable by Christ, he completed his mortal mis- harsh penalties for too many crimes. A time in prison. This is not only ridicu- sion and returned with honor to our number of my colleagues have sought lous, but it is immoral. The lack of heavenly home. The challenge he to address these problems by cutting adequate mens rea requirements in our leaves behind is for all of us to do the prison sentences, altering statutory Federal criminal code subjects inno- same. minimums, or releasing prisoners early cent people to unjustified punishment. To the very end, Elder Hales was a for good behavior. But as we seek to re- To address this issue, I reintroduced model of selfless service. Even in his form the criminal justice system, we the Mens Rea Reform Act of 2017. later years, beset by illness and old must be careful not to overlook one of Today I wish to express my sincere ap- age, he continued to carry out the re- the major roots of the problem: the preciation to the Heritage Foundation sponsibilities of his apostolic office lack of adequate criminal intent re- and the Federalist Society for high- without hesitation and without com- quirements in Federal statutes. lighting the need for mens rea reform

VerDate Sep 11 2014 04:11 Oct 03, 2017 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G02OC6.002 S02OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE October 2, 2017 CONGRESSIONAL RECORD — SENATE S6239 and for supporting my efforts to pro- secrets for use in Federal judicial pro- but it could be that you pay your ISP, tect innocent people. They are not the ceedings without any guarantee that and certain websites download fast. only ones. Anybody who looks at this such information will be adequately Certain websites are almost impos- has to say: Are we going to send people protected in the foreign jurisdiction. sible to find. For certain websites, you to jail when they didn’t know what This places U.S. businesses at risk and, have to pay a premium just to be able they were doing was wrong? It makes again, creates an unfair playing field. to capture their content. Forget what anybody stop and think: Is that right? Such unfairness and lack of reci- you may have to pay Hulu, Netflix, and Should we do that? Is that fair? procity is deeply concerning. Our laws others. The ISP will essentially control Likewise, I wish to thank Senators should not disadvantage our own citi- your access to the internet. That is RAND PAUL, TED CRUZ, MIKE LEE, and zens and companies. Rather, we should why net neutrality was so important. DAVID PERDUE for joining me as co- ensure a level playing field. It is not that, in that moment, things sponsors on this bill. Our bill sets a de- In the coming weeks, I will be intro- were necessarily undermining the cur- fault intent requirement of willfulness ducing legislation to do just that. rent internet but that, without a firm for all Federal criminal offenses that These are important bills, and these rule, these companies may have incen- lack an intent requirement. Addition- are important ideas. I appreciate hav- tives to change the internet as we ally, the bill defines willfulness to ing this time to be able to express know it. mean that a person acted with knowl- them for the country at large. When Chairman Pai announced that edge that his or her conduct was un- I suggest the absence of a quorum. the FCC would review the rules on net lawful. The PRESIDING OFFICER. The neutrality, he said: ‘‘This is a fight we Naturally, our bill does not apply to clerk will call the roll. intend to wage, and it is a fight that we any offenses that Congress clearly in- The legislative clerk proceeded to are going to win.’’ But that is not how tended to be strict liability offenses. call the roll. the FCC is supposed to work. This is a Our proposal has garnered widespread Mr. SCHATZ. Mr. President, I ask quasi-judicial agency. They are sup- support from a variety of organiza- unanimous consent that the order for posed to propose a rule, allow the pub- tions, including the National Associa- the quorum call be rescinded. lic to weigh in, and then the agency tion of Criminal Defense Lawyers, The PRESIDING OFFICER. Without considers the comments before making Koch Industries, the Federal Defenders, objection, it is so ordered. a decision. Chairman Pai had made it the U.S. Chamber of Commerce, and LAS VEGAS MASS SHOOTING clear from the beginning that he had the Heritage Foundation—just to name Mr. SCHATZ. Mr. President, before already made up his mind. Even though a few. my planned remarks on the Federal there were 22 million individual com- Importantly, our bill does not re- Communications Commission, I want ments from American citizens about move any crimes from the books, nor to say a few words about the awful what we should do with the free and does it override any existing mens rea events that happened in Las Vegas. Our open internet, he had decided in ad- standards written in statute. Moreover, hearts are with the families affected by vance of that. Unfortunately, this is part of a pat- it does not limit Congress’s authority the tragedy and with the city of Las tern. Right after Congress took away to create new criminal offenses, includ- Vegas, and we do send them our best the FCC’s ability to protect people’s ing strict liability offenses. wishes and our prayers. But we can do privacy online, he wrote an op-ed that Mens rea really is a simple issue. In- more than send our thoughts and pray- essentially read that this is good news. dividuals should not be threatened ers to the grieving. We can do more It is pretty unusual to have a chairman with prison time for accidentally com- than thank the first responders. We of a quasi-judicial body weigh in on mitting a crime or for engaging in an can do more than lower the flag to half something that the legislative branch activity they did not know was wrong. mast. does or to completely disregard the If Congress wants to criminalize an ac- We can take a stand against gun vio- process for public input. Chairman Pai tivity and does not want to include any lence by passing commonsense gun has not yet demonstrated a willingness sort of criminal intent requirement, safety laws. Otherwise, this becomes a to stray from the party line. Congress should have to specify in stat- ritual of mass murder, mourning, and One of the things I like about him is ute that it is creating a strict liability moving on. Let’s stop this awful ritual. that I know that he has a big brain. We offense. Let’s stop the violence. Let’s do some- have talked policy, and when we have I believe this simple legislative solu- thing about it. had private conversations, I have seen tion will go a long way in reducing Mr. President, I wish to talk about that he has liked the engagement, that harsh sentences for morally innocent the nomination of Chairman Ajit Pai he likes the job, and that he likes pub- offenders. It will also push back to lead the Federal Communications lic service. The challenge is that there against the overcriminalization of in- Commission for another 5 years. When has been no instance in which he has nocent behavior. As I have said many it comes to Chairman Pai, personally done anything that was other than pre- times, any consideration of criminal and professionally, I want to say that I dictably Republican. That is OK for justice reform or sentencing reform is believe in his integrity as a public now, as it has been a relatively short incomplete without reforms to mens servant, and I believe he is smart and tenure, but what we need in an FCC rea requirements. qualified. But the FCC is supposed to Chairman is someone who takes his FOREIGN JUDICIAL PROCEEDINGS create competition and protect con- own views and the facts, as the record Mr. President, on a final note, I wish sumers, and Chairman Pai isn’t doing becomes established, and makes up his to express my concern about a provi- that. own mind. He is not a Republican while sion in U.S. law that allows foreign First, Chairman Pai’s FCC is trying he is on the FCC. His job is to apply litigants to come into U.S. courts and to get rid of net neutrality. Net neu- the facts and his own judgment. gain access to documents and other trality is a Federal rule that says During the confirmation hearing, I evidence for use in foreign judicial pro- ISPs—internet service providers—must asked him about the President of the ceedings. treat all content equally. They can’t United States calling the media the Under current provision, 28 U.S.C. discriminate by making certain kinds ‘‘enemy of the state.’’ He would not say 1782, an American citizen can be sub- of content slower, charging more for one way or another what he thought of jected to invasive requests by a foreign other kinds of content, or blocking those comments or how he would guide entity even when the citizen has no some content altogether. the FCC based on those comments. At ability under the laws of the foreign ju- That is the basic premise of the some point, he needs to demonstrate risdiction to obtain similar informa- internet. Once you pay for your some independence from his party and tion from the foreign entity itself. This broadband internet access and then from the President. gives foreign entities an unfair advan- you jump on a browser, everything With this vote, the Senate has a tage over their U.S. counterparts. comes down to the same speeds. It is so chance to say that the person who Equally problematic, U.S. persons foundational to the way we use the leads the FCC should understand, at a may be compelled under Federal law to internet that it is actually hard to de- bare minimum, how to run a quasi-ju- turn over business information or trade scribe a future without net neutrality, dicial agency in a nonpartisan fashion,

VerDate Sep 11 2014 04:11 Oct 03, 2017 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G02OC6.003 S02OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6240 CONGRESSIONAL RECORD — SENATE October 2, 2017 that he or she should value public The horrific massacre was per- sumers, innovators, and small busi- input, and that he or she should not petrated by an American on his fellow nesses. simply go along with what the party is Americans and the visitors from every He supported congressional attempts asking and implement it no matter corner of the world, who are the very to reverse the FCC’s 2016 broadband how it stacks up against the statute. lifeblood of Las Vegas. We are left with privacy rule, which would have pre- Here is another example. Earlier this many questions, the answers to which vented big cable and internet compa- year, Chairman Pai rolled back a rule we will seek in the coming days and nies from profiting off of personal in order to allow local TV stations to weeks. internet data. Now, internet service be bought up without any limits by one How did this monster acquire the ar- providers no longer have to obtain con- single company. This decision seemed senal that he used to rain down death sumer consent before they sell or share to be for the benefit of one company, on a crowd of innocents? Were these sensitive personal data. the Sinclair Broadcast Group, which guns purchased and compiled legally? Most disturbingly, Chairman Pai is just happens to be a company with What was this person’s perverted mo- currently attempting to dismantle the strong conservative leanings. Sinclair tive? Was there any history of mental open internet order, the net neutrality is already the largest owner of local health issues? rules under which millions of con- broadcasting stations in the United What circumstances could lead a man sumers currently have access to a free States, but now it is trying to buy an- to commit such violence upon his fel- and open internet. Net neutrality has other company, Tribune Media, which low human beings—complete strang- had a huge impact on everyone who would expand Sinclair’s reach into 72 ers—what twisted reasoning, what de- uses the internet—on communities of percent of the households. mented logic? color, on small businesses, on schools, For decades, both Congress and the There is much more that we do not on civic engagement, and on our econ- FCC have taken steps to protect local know than what we do know. Some of omy. broadcasting because it has benefited the questions that we have today will Net neutrality is not the only issue the public interest. So, under normal not have clear answers. Others are, per- where I disagree with Chairman Pai’s circumstances, Sinclair would not be haps, beyond our fathoming. Yet some agenda. In his first 2 weeks on the job, able to buy up these other stations, but will have answers, and we will have to Chairman Pai stopped 9 companies Chairman Pai has changed the rules so reckon with the fact that this man was from providing discounted high-speed that this company will have even more able to assemble an arsenal of mili- internet to low-income individuals, and power and reach. The secondary bene- tary-grade weapons. he jammed through nearly a dozen in- ficiary of this change will be the Re- As much as we might hope to, we dustry-backed actions, including some publican Party, because Sinclair has a cannot banish evil from the Earth. to begin curtailing net neutrality. The decades-long history of pressuring its Congress cannot do that, and the Presi- most alarming part: these clandestine local stations to broadcast certain dent cannot do that. What Congress moves to clip the public’s fundamental news that helps the Republican cause. can do and what Congress must do is to right to a free and open internet were We need an independent Chairman at pass laws that keep our citizens safe, done without seeking public comment the helm of the FCC. We need someone and that starts with laws that help pre- first. who will make decisions based on stat- vent guns, especially the most dan- It is no surprise, therefore, that ute, not based on political affiliation. gerous guns, from falling into the Chairman Pai would be willing to fur- That is why I will vote no on Mr. Pai’s wrong hands. ther undermine the FCC’s protection of nomination, but I hope that I will be We will take care of the injured— net neutrality, notwithstanding the proven wrong. their bodies and their hearts—and views of the nearly 22 million Amer- I yield the floor. nurse them back to health. We will ican citizens who have commented in mourn those lost with all of our collec- RECOGNITION OF THE MINORITY LEADER opposition to his net neutrality pro- tive love and support. We will bind up The PRESIDING OFFICER. The posal. this new national wound. Then, we will Democratic leader is recognized. The open internet order is working aggressively ferret out the facts, and well as it is and should remain undis- THANKING THE SENATOR FROM HAWAII based on that reality, we will con- turbed. Mr. Pai, however, seems bent Mr. SCHUMER. Mr. President, first, front—we must confront—the deeply on rolling back the open internet on let me thank my friend from Hawaii troubling issues that have been raised behalf of a few corporate friends, rath- for his words. by this atrocity. er than serving the American consumer I will make a statement for the PUERTO RICO AND U.S. VIRGIN ISLANDS and the American economy by keeping record with regard to Mr. Pai, as I RECOVERY EFFORT the current protections in place. agree with Senator SCHATZ’ vote and Mr. President, our friends and rel- For these reasons, I feel very strong- will be voting no, but I want to first atives and fellow Americans in Puerto ly that I must oppose his nomination; speak about the horrible situation in Rico and the U.S. Virgin Islands should I cannot support this agenda, which I Las Vegas. know that, even while we mourn and believe imperils consumers and the LAS VEGAS MASS SHOOTING process the incomprehensible events in internet itself. Mr. President, there are precious few Las Vegas, we remain laser-focused on I suggest the absence of a quorum. words for days like this. Last night, as the needs of Puerto Rico and the U.S. The PRESIDING OFFICER. The everyone now knows, at a concert in Virgin Islands, and we will continue clerk will call the roll. Las Vegas, NV, a gunman opened fire our advocacy for a more comprehen- The legislative clerk proceeded to on a crowd of 22,000, killing at least 58 sive, more sure-footed, and better co- call the roll. and sending hundreds more to the hos- ordinated response to their crisis. Mr. MORAN. Mr. President, I ask pital. It was the deadliest mass shoot- Mr. President, shortly the Senate unanimous consent that the order for ing in the history of our country. will vote on the nominee to be Chair- the quorum call be rescinded. Our collective hearts, so hardened man of the FCC, Mr. Ajit Pai. The PRESIDING OFFICER. Without now by the absurd frequency of these I cannot support this nominee for the objection, it is so ordered. mass shootings, are broken once again. office of Chairman. The FCC is tasked Mr. MORAN. Mr. President, thank We mourn for the families of the fallen, with the critical role of protecting con- you very much. and we pray with the families of the sumers and promoting innovation in Today, I am here to speak on behalf wounded. We have the deepest grati- the telecommunications and techno- of a good friend and an exceptional tude for every first responder, cop, and logical fields that are becoming more public servant, Chairman Ajit Pai of firefighter who rushed to the scene, as and more integral to our day-to-day the Federal Communications Commis- their heroism in the moment of this lives. However, over his time at the sion. national tragedy has been an inspira- FCC and particularly in his tenure as I have admired his work throughout tion. Yet today we are filled with Chairman so far, Mr. Pai has estab- his service within the Commission, shock and horror, with sadness and lished a clear record of favoring big which dates back to 2007, when he was rage. corporations at the expense of con- in the Office of General Counsel. Over

VerDate Sep 11 2014 04:11 Oct 03, 2017 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G02OC6.004 S02OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE October 2, 2017 CONGRESSIONAL RECORD — SENATE S6241 time, he was promoted to become the lations should be balanced with pro- Communications Commission and call Deputy General Counsel of the Federal growth economic principles that do not on my colleagues to support his nomi- Communications Commission. In 2012, unduly harm employers or stifle inno- nation. Ajit Pai is an intelligent, ar- by voice vote, he was confirmed by the vation. To this end, Ajit Pai announced ticulate public servant who has the Senate to serve as a Commissioner, and his intentions to stand up a new Office character and integrity that is re- he has continued to embody integrity, of Economics and Data within the FCC quired at the Federal Communications honesty, and dedication in this role, to provide economic analysis of the Commission. I support his nomination something we would expect from a policies and functions of the agency. and ask my colleagues to do the same. Kansan. We are looking for thoughtful, data- I yield the floor. As only the second Kansan ever to be backed input to the agency that should Mr. MCCONNELL, Mr. President, as I nominated to serve on the Federal lead to market-driven policy decisions noted last week, the nominee before us, Communications Commission—the the Commission can then hang their FCC Chairman Ajit Pai, has led a fas- first being Bob Wells of Garden City, hat on. cinating life with two defining fea- KS, who served from 1969 to 1971—Ajit Critical issues before the FCC today tures: hard work and success. Pai has proven himself to be a capable require this type of expertise; things He understands communications pol- and talented leader and one of the such as efficient and effective icy from just about every angle—no smartest people whom I have ever met, broadband deployment, quality spec- wonder, given his deep and impressive especially when it comes to public pol- trum management that schools and li- resume. icy. braries desperately need, as well as He comprehends the needs of rural I have worked with him and his staff hospitals that also desperately need communities in states like mine, a throughout my time on the Senate this spectrum, and fostering innova- product of his own rural upbringing. Commerce, Science, and Transpor- tion just in the general sense. If we He has dedicated himself to issues tation Committee and have traveled want a growing economy with more like advocating for Americans’ First with him throughout our home State. jobs, better jobs, higher paying jobs, we Amendment rights and bringing-more My getting to know him on a personal need access to the latest technologies openness and more accountability to level has really been a delight, some- across the country. the FCC, an agency that, too often, has thing that has been a highlight of my As the currently appointed Chair of earned a reputation for secrecy. time while serving in the Senate. He is the FCC, Ajit has improved openness Chairman Pai is just the kind of per- a native of Parsons, KS, which is a and transparency within the Commis- son we need over at the FCC. small town in the southeast corner of sion, eliminated onerous and duplica- I was glad to see the Senate advance our State, and he brings with him an tive regulations holding up that inno- his nomination last week. understanding of the challenges that vation, and has protected consumers I look forward to confirming him to a face rural America. He understands the from illegal and fraudulent robocalls. new term later this afternoon. importance of access to high-speed One recent decision under his leader- Mr. DURBIN. Mr. President, I come broadband and wireless connectivity, ship that has received so much atten- to the floor today to voice my concern and I believe that his roots as a small tion from consumer advocates, indus- regarding the nomination of Ajit Pai to town Kansas kid make him exception- try representatives, and policy aca- serve as a Commissioner of the Federal ally qualified to advocate for rural demics is the FCC order Restoring Communications Commission. America. Internet Freedom Notice of Proposed Many of my colleagues are planning Ajit came to Wichita just this past Rulemaking. to speak about the threat Mr. Pai poses week to explore ideas and explain pol- Under Chairman Pai’s leadership, the to a free and open Internet, but what icy opportunities to close the digital Commission has collected tens of mil- brings me to the floor is a different divide within local broadband providers lions of comments regarding the agen- looming threat to the public interest: that work in Kansas communities I cy’s proposal to roll back the 2015 open the proposed Sinclair Broadcast Group serve. The lack of broadband internet order and has extended the merger with Tribune Media Company. connectivity in parts of rural Kansas deadline so more interested parties can If approved, the Sinclair-Tribune merg- has lasting economic, educational, and be heard. This input collection, coupled er would create the Nation’s largest public health impacts, and Ajit Pai has with fundamentally improving the television broadcast company in his- prioritized incentive-based solutions rulemaking processes, has increased tory, reaching over 70 percent of house- like the Connect America Fund and the Commission’s culture of openness holds nationwide. There is reason for Mobility Fund to close this divide in a and transparency, something I cer- concern. fiscally responsible and competitively tainly support and would continue to Mr. Pai’s track record at the FCC has driven way. encourage. shown that he will not hesitate to put Outside of supporting high-speed I believe the Federal Government the needs of industry ahead of the best broadband build-out to unserved or un- must ensure a fair and open internet interests of consumers. Under his lead- derserved areas, Ajit created the that is not blocked or slowed. I do not ership as Chairman, the FCC acted to Broadband Deployment Advisory Com- want outdated utility-style regulations reinstate an outdated loophole known mittee to promote broadband deploy- to the internet that were established as the UHF discount that would make ment across America, including remov- for telephone companies in the 1930s. it easier for companies to get around ing regulatory burdens and barriers Instead of leaving this important regu- rules limiting national media owner- and improving permitting and the latory framework open to interpreta- ship. These rules are essential in main- right-of-way process through regu- tion and change with every new admin- taining the trust Americans have latory reform. istration, Congress—the U.S. Senate— placed in their local broadcasters and While in Kansas, he was also able to and our Commerce Committee should ensuring consumers benefit from pro- see the great work that was being done and must craft bipartisan legislation gramming representing diverse view- to implement the Next Generation 9–1- that preserves the fair and open inter- points. 1 technology in our home State. As we net. What was Mr. Pai’s motivation for know, improving these communica- Chairman Pai has taken thoughtful putting this loophole back in place? I tions systems is absolutely necessary steps toward a long-term solution by will just say this: The loophole was re- to ensure adequate emergency services seeking to eliminate the harmful 2015 instated in April, and Sinclair an- to rural and urban Americans alike, regulations hindering broadband de- nounced its acquisition of Tribune in and we see that today and over the last ployment and harming an innovative May. several months with the disasters and internet ecosystem. My concerns about the merger are tragedies that have occurred in our Ajit Pai has repeatedly proven him- not solely grounded in Sinclair’s prac- country. self to be a public servant of the high- tice of mandating its stations dis- Ajit has also proven himself to be a est caliber, with strong integrity and tribute its self-produced conservative leader who is committed to free mar- character. I am proud to recommend content, as troubling as that is. Rather kets, clearly understanding that regu- his swift confirmation to the Federal it is that no single company should be

VerDate Sep 11 2014 04:11 Oct 03, 2017 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G02OC6.006 S02OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6242 CONGRESSIONAL RECORD — SENATE October 2, 2017 able to decide what 72 percent of the protections could be designed to pre- er Americans have access to adequate country’s news looks like. The Sin- vent. broadband service. As someone who clair-Tribune merger undermines com- This is particularly clear when he represents a rural State, ensuring that petition and threatens local broad- discusses the current rule banning we accurately measure how many casting as a trusted and diverse voice harmful paid prioritization agreements Americans lack this essential service is for its viewers in Illinois and across the that would create the type of two- critical. Under the current standard set country. tiered internet small businesses fear. by the previous FCC, 39 percent of Because of Mr. Pai’s deregulatory Chairman Pai claims that there was no rural Americans lack access to true campaign and repeated failure to put need for this rule because some large high-speed broadband service. In con- the best needs of the consumer first, I internet service providers, ISPs, said trast, only 4 percent of urban Ameri- will oppose his nomination to serve a they ‘‘had no plans’’ to engage in this cans lack access. second term as a Commissioner for the kind of behavior. This is despite the I supported the FCC’s decision to set Federal Communications Commission. fact that at least one major ISP said a high minimum broadband speed to Mr. LEAHY. Mr. President, in 2015, outright in its 2014 FCC filing that it use as the baseline for comparing rural the Federal Communications Commis- wanted the ‘‘flexibility’’ to charge and urban areas. All Americans deserve sion, FCC, did something that can be websites for priority access and that, the same quality of broadband service, all too rare Washington: It listened to even though it had no plans for these whether they live in the Northeast the American people. After a record arrangements, they ‘‘should be permis- Kingdom of Vermont or the heart of number of Americans spoke in favor of sible and should be tested.’’ Kansas City. Rural Americans should clear rules to protect a free and open I introduced legislation to ban pay- not be held to a lower standard simply Internet, the FCC voted to adopt to-play deals online before the FCC so that Chairman Pai can rig the num- strong net neutrality protections that adopted its rule because of the harm bers to falsely claim that he has closed accomplished this goal. These protec- they would cause small businesses like the digital divide once and for all. tions, which ensure that innovation the Vermont Country Store. I find Chairman Pai has shown far too and free speech can flourish online, are Chairman Pai’s failure to understand often in his time at the FCC that he currently under threat as the FCC now the importance of a level playing field will side with Goliath over David and moves to repeal them. On net neu- for small businesses extremely dis- that he will ignore the overwhelming trality and on many other key tele- concerting. sentiment of the American people. communications policy issues, Chair- Not only is Chairman Pai ignoring With the fate of the open internet and man Pai has stood against consumers, the small business community by bar- many other critical telecommuni- startups, and small businesses. Today I reling ahead to repeal net neutrality cations issues at stake, I must oppose choose to stand with them and with protections, he is also ignoring the Chairman Pai’s nomination. millions of Americans who support net clear will of the American people. Over Mr. MORAN. I suggest the absence of neutrality by opposing his reappoint- 22 million Americans have submitted a quorum. ment. comments in the proceeding he started The PRESIDING OFFICER. The Vermonters have been clear that to repeal these critical protections, clerk will call the roll. they want strong FCC rules in place to shattering records at the FCC. Poll The bill clerk proceeded to call the ensure that the Internet remains the after poll has found overwhelming bi- roll. ultimate platform for economic oppor- partisan support for net neutrality. In Mr. CORNYN. Mr. President, I ask tunity and free expression. These pro- Washington, Chairman Pai calls net unanimous consent that the order for tections are particularly important for neutrality protections burdensome and the quorum call be rescinded. small businesses, which compete on the unnecessary. In Vermont, we just call The PRESIDING OFFICER. Without internet’s global stage against the them common sense. objection, it is so ordered. largest companies in the world. The Vermonters also value their privacy LAS VEGAS MASS SHOOTING Vermont Country Store is a great ex- rights and want basic protections in Mr. CORNYN. Mr. President, today ample of a small company that has place to protect their personal data. In we mourn the loss of at least 50 lives in taken advantage of the promise of an 2016, over Chairman Pai’s objections, Las Vegas, the victims of senseless vio- open Internet. Family-owned with a the FCC put in place important privacy lence at an outdoor concert near the rich history dating back to 1897, the protections to prevent ISPs from sell- Mandalay Resort and Casino. The lives internet offered new opportunities to ing their sensitive information, includ- of fellow Americans were taken in a extend the company’s reach. As fifth ing their web browsing history, with- barbaric manner that defies all jus- generation storekeeper Cabot Orton out their consent. These rules also in- tification, excuse, or even explanation. said when he testified in Vermont cluded basic data security and data That these events have become almost about the FCC’s effort to craft net neu- breach notification requirements. We commonplace in modern society makes trality protections in 2014: have seen how important it is to hold them no less shocking or morally rep- We don’t want to imagine an America with companies to basic data security and rehensible. two Internets: a fast one for giant corpora- breach notification standards in the The date and location—a country tions and a slow one for everybody else. We wake of the total disregard Equifax music festival on a Sunday afternoon— don’t want to imagine being held for ransom showed for protecting sensitive con- make the act seem doubly cruel. Thou- by telecom behemoths and cable monopolies sumer information. sands of innocent spectators were there just to reach our customers with the same Unfortunately, Chairman Pai was a from around the country enjoying speed and convenience that global conglom- erates enjoy . . . A small business website strong supporter of the resolution of themselves, with security being the that is no longer protected from giant Inter- disapproval passed by this Congress furthest thing from their minds, until net toll-keepers would have one choice: pay that permanently repealed the FCC’s the shots rang out. to play. Failing that, a company becomes privacy and data security protections. As news reports have now indicated, the proverbial tree falling in the forest with At a time when the personal informa- the event is one of the deadliest mass no one there to hear it. tion of every single American is under shootings in modern U.S. history. It Chairman Pai has shown total dis- constant threat, Chairman Pai thought and other forms of violence continue to regard for the concerns of businesses it was simply too much to ask for ISPs tear apart the fabric of our country, like the Vermont Country Store. In to take reasonable steps to secure their and the scars left among the victims’ proposing to repeal the existing net subscribers data and notify them if a families and loved ones will be painful neutrality protections, he makes no breach occurs. and permanent. mention of their importance to the Chairman Pai’s approach to rural My prayers go out to all those in Ne- small business community. Instead of broadband, which is one of the most vada who have not slept since yester- recognizing the very real impact on pressing issues for Vermonters, also day and who are still grappling with small businesses of stripping away raises cause for concern. Just recently, the aftermath of the shooting, the fam- these protections, Chairman Pai claims he has proposed to effectively lower the ilies tending to loved ones in hospitals, that there are no possible harms these speed standard used to measure wheth- as well as the first responders and law

VerDate Sep 11 2014 04:11 Oct 03, 2017 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\A02OC6.001 S02OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE October 2, 2017 CONGRESSIONAL RECORD — SENATE S6243 enforcement officers who ran toward, check. Ultimately, this is about em- look forward to working with Chair- not away from, the gunfire and who are powering all citizens to pursue the man HATCH, Ranking Member WYDEN, now nursing various wounds. Here in American dream. This is about reduc- as well as colleagues in the House— Washington, we will continue to mon- ing government’s big bite out of our Ways and Means Chairman KEVIN itor the situation. We will continue to wages each month and about small BRADY, Speaker RYAN, and others—on keep the fallen in our prayers in the businesses spending more time growing these ideas. I even look forward to days ahead. and creating jobs. working with our Democratic col- TAX REFORM By coming to the aid of hard-working leagues if they will join us. Mr. President, turning to the legisla- American and Texas families, we will I yield the floor. tive business at hand, the last time reawaken the sleeping giant that is our The PRESIDING OFFICER (Mrs. Congress enacted tax reform was 1986. economy by reincentivizing investment ERNST). The Senator from New Mexico. Back then, I was a State district judge and job creation. Mr. UDALL. Thank you, Madam in San Antonio, TX, the Spurs had a I know these are lofty goals. If it President, for the recognition. bad losing streak, and gasoline was 89 were easy, we would have done it more LAS VEGAS MASS SHOOTING cents a gallon. recently than since 1986. I know some Today is a day of mourning for Las A lot has changed since 1986. We have of our colleagues across the aisle and Vegas and for America. My heart goes seen parties in Congress win the major- some in the public are already ques- out to all those touched by the ruthless ity, lose it, and win again. We have tioning this framework. Some have and cowardly shooting last night. seen six Presidents come and go, bring- wasted no time lobbing accusations, One of the victims was Lisa Romero, ing us to this moment, this year, with but they don’t even bother to do their a secretary at Miyamura High School the President committed to providing homework first. They are engaging in in Gallup, NM. The students knew her Americans with real tax relief and the the same kind of class warfare many well as Ms. Lisa, and she was adored by promise of a resurgent economy. After have come to love to wage here in everyone at the school. Her loss will be countless meetings, hearings, and con- Washington, DC, but those tactics are deeply felt. I send my condolences and versations amongst Members who rep- deeply cynical and deeply untrue. prayers to her family, as well as her resent varying and diverse constitu- Here is their lie. They say our tax school family, and to everyone in Gal- lup, NM. ents, Republicans in the House and the plan cuts taxes for the wealthy and I also want to recognize the true Senate and the administration have hurts the poor, even though the actual plan hasn’t been written yet. Some bravery of first responders—the police, joined together to unveil a unified the fire fighters, the EMTs—some of claim they already know what the bill framework for tax reform. whom risked their own lives to save In the more than 30 years since our says, and they don’t. That is entirely others. There are heroes in America, Tax Code has become overhauled, it predictable in this political environ- and we saw them in action last has become the punch line in a bad ment and wholly false. Let me tell you evening. joke. No one will defend it. Everyone why. Las Vegas, NV, and New Mexico First, we will cut taxes for all Amer- knows it needs to be fixed. Over time, share a kinship. Nevada is a sister ican families without shifting the bur- the code has become more complex and Western State. Many New Mexicans den from higher income households to is now riddled with deductions, credits, have family in Las Vegas, and New and loopholes advocated by an army of lower or middle-income households. To Mexicans are reeling because of this lobbyists and special interests, so accomplish this, the framework creates tragedy. As westerners and as Ameri- much so that the majority of Ameri- a large zero tax bracket by doubling cans, we must always come together to cans now pay somebody else to prepare the standard deduction. The first support the victims, thank our first re- their taxes because it is too complex $12,000 of income for an individual and sponders, and focus resources and pol- for them to figure it out on their own, $24,000 for a couple would be tax-free. icy on preventing future massacres. but with renewed focus and determina- Let me say it again. If you are a cou- Madam President, I rise in opposition tion, we are committed to taking this ple who makes $24,000 or less, you will to the renomination of Mr. Ajit Pai to framework and using it to enact real pay zero Federal income tax, which is the Federal Communications Commis- reforms to simplify a Tax Code that effectively a zero tax bracket. Addi- sion. has grown so complex over the years, tionally, the proposed individual rates Mr. Pai, both as FCC Commissioner but that is not the main reason. are collapsed into three, at 12 percent, and now as Chairman, has not been a The main reason we need tax reform 25 percent, and 35 percent. So instead vigorous watchdog for free speech. He is that the Tax Code has become the of seven tax brackets, which we have has not put the people’s right to infor- enemy of a growing, prosperous econ- now for individuals, we will have four, mation first. In fact, he has put cor- omy; the enemy of more take-home including the zero tax bracket. This porate interests first, and he has op- pay, and the enemy of America’s com- framework also enhances the child tax posed policies outright that ensure un- petitiveness in a global economy. It is credit. It repeals the death tax that has derserved communities have access to self-inflicted harm, and we can and hurt small businesses and their fami- essential technology. I strongly oppose must do better. lies; it has broken up family farms and his renomination to the Commission. Our first priority should be to reduce ranches. And it repeals the special in- Let’s begin with his responsibility to taxes for all American families, not terest tax breaks that primarily ben- guard First Amendment rights. Presi- one socioeconomic class or another— efit the wealthy. dent Trump has relentlessly attacked everyone. With a simpler, fairer, and The other refrain some critics have NBC, CBS, ABC, CNN, the New York more competitive Tax Code, we can already started making is the claim Times, and the Washington Post. He raise living standards so people who that our tax plan gives big tax cuts to called these established and esteemed earn the money can make decisions on job creators. As I said, in addition to news outlets ‘‘fake news.’’ He even how best to spend it themselves—on closing the special interest loopholes, called them ‘‘the enemy of the people.’’ their children’s education, on their nearly everyone will see some sort of Earlier this year, in February, during home, on a car they need in order to benefit, and job creators will take that a Senate Commerce Committee hear- get reliable transportation to get to benefit and invest in their businesses. ing—this was an oversight hearing—I and from work, or just maybe putting They will hire more people, and they asked Chairman Pai pointblank wheth- a little bit of money away for retire- will improve wages and growth in the er he agreed with the President that ment. economy, from which we will all ben- these mainstream news organizations I think about the newly graduated efit. So why would our Democratic col- were the enemy of the people. He re- teacher in Houston’s public schools leagues oppose that? fused to answer, refused to disagree who is worried about stagnant wages, Our unified framework is a template with this patently outrageous and anti- the entrepreneur in Austin with a that will be used by the tax-writing American statement. great business idea who needs investors committees to put the nuts and bolts His written answers were better, but to succeed, or a single parent in San together for tax reform. As a member even then Chairman Pai did not dem- Antonio who is living paycheck-to-pay- of the Senate Finance Committee, I onstrate that he could stand up to

VerDate Sep 11 2014 04:11 Oct 03, 2017 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G02OC6.008 S02OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6244 CONGRESSIONAL RECORD — SENATE October 2, 2017 power and defend First Amendment Traditionally, the FCC has inter- Mrs. CAPITO. Madam President, I rights. Democrats on the Commerce preted its rules to prohibit Sinclair ask unanimous consent that the order Committee sent a letter asking again from making that deal, but Chairman for the quorum call be rescinded. whether he believed the media were the Pai authored an order in April reinter- The PRESIDING OFFICER. Without enemy of the people, and he qualified preting FCC policy to allow Sinclair to objection, it is so ordered. his answer in the negative by writing grab almost three-quarters of the mar- LAS VEGAS MASS SHOOTING that ‘‘the President has made clear he ket, and Sinclair happens to be well Mrs. CAPITO. Madam President, I was referring to ‘fake news’ [as the known for its friendly coverage of come here today to talk about the enemy of the people].’’ I wish that were President Trump. It even requires local nomination of FCC Chairman Ajit Pai, true, but it is not. The President re- broadcast outlets to regularly carry but before I begin, I think all of us ferred to well-respected, mainstream national commentary from a former have incredibly heavy hearts in our media organizations. Trump campaign and White House homes, in our States, in the country, The FCC must unequivocally stand media surrogate, and its executives and in the world, as the horrifying up for the First Amendment, and the have been complimentary of Chairman events of Las Vegas really begin to Chairman needs to strongly disavow Pai personally. sink in. the President’s unfounded attack on Congress intended for there to be a I just saw an article come across the the media. multiplicity and diversity of voices and news line in my home State of West The FCC took a huge step forward in opinions on the airwaves. Congress ex- Virginia with one of the first identi- favor of consumers in 2015 when it plicitly wants to prevent one media or- fications of the victims. Her name was passed the open internet order. That ganization from having an outsized in- Denise Burditus. She is from Martins- order, known as the net neutrality fluence over the Nation. burg, WV. She and her husband Tony order, was codified. The principle un- I have strong reservations about were at the concert together. They derlying net neutrality is simple and Chairman Pai’s leadership and values. have been married 32 years. They were fair. It means that internet service pro- Free speech, media ownership rules, high school sweethearts and were there viders must treat all internet traffic and net neutrality are essential to a vacationing and at the concert. Tony equally. They cannot block access to healthy democracy, and the Chairman wrote on his Facebook page that his particular websites, apps, or services. is equivocating or moving backward on wife died in his arms. So we have lost They can’t give fast lanes or special all fronts. For these reasons, I oppose a mother of two, and soon to be a treatment to websites or apps that pay this nomination. grandmother of five, to this horrible more or are favored by some compa- Nevertheless, if he is confirmed, I tragedy. My heart sinks for them and nies’ executives. hope we can find common ground and for everyone. I really don’t have the Consumers benefit because internet work together. One area where we words to say to comfort or explain or service providers can’t ‘‘pick winners could do that is rural and Tribal understand, except that I feel deeply and losers in the online marketplace broadband in the West. In my home sad and sorry, and I pray for them and for services and ideas.’’ Those are the State of New Mexico, rural areas, pueb- their families. words of President Obama. los, and Tribes do not have access to Today, Madam President, I want to Our democracy benefits because the the internet that is anywhere near ade- talk about the nomination and re- internet lowers the barriers to commu- quate. Approximately 63 percent of appointment of Ajit Pai as the Chair- nication—but not if the massive com- people living on Tribal land lack access man of the Federal Communications panies that control infrastructure can to acceptable fixed broadband speeds, Commission. Chairman Pai has been an erect new ones. As a Commissioner, compared to only 17 percent of the U.S. important partner in my quest to bring Mr. Pai voted against that pro-con- population as a whole. The gap is even rural America and much of my State sumer measure, and as Trump’s Chair- higher for residents of Tribal lands in online. I was very lucky to meet Chair- man, he has now moved to dismantle rural areas, with approximately 85 per- man Pai several years ago. Without it. The American people are outraged cent of Tribal people lacking access. question, he has been a champion. with the Chairman’s move to undo net We all know that in today’s world, Without question, high-speed inter- neutrality. The Commission has re- broadband internet is essential to vir- net access has allowed us to connect ceived a record 22 million comments in tually all successful economic and with one another on a scale we never that regulatory proceeding. commercial activity. It is essential to could have imagined a decade ago. No Who is against net neutrality? The everyday life in America. As a member other technology has become so crit- megaproviders like Comcast and of the Commerce Committee, I will ical to our daily lives. It is the back- Verizon—Chairman Pai’s old em- continue to push the FCC to do all it bone for our innovation, competition, ployer—can benefit financially from can to close the digital divide. and economic growth. From starting a giving advantage to selected websites. Broadband expansion is not a ques- business to digital learning and tele- Chairman Pai’s record is that if there tion of political ideology; it is a ques- medicine, broadband access is critical is a choice between consumers and big tion of political will. The Federal Gov- to the strength of our economy and our corporations, corporations win. ernment played a big role in expanding communities. Unfortunately, for all Let’s look at what the Chairman did electricity and telephone service to the potential opportunities that recently to allow the biggest broadcast every American. We, as a country, have broadband can offer, not having access company in America to become even made major investments. We must do to this important service can create in- bigger. Congress has put into law a the same for rural broadband. Senate surmountable barriers. limit on the market share that ultra- Democrats have made a number of con- Better connecting States like mine— high frequency or UHF stations can crete proposals recently. I hope we can West Virginia—through improved own, and that limit is 39 percent. The work with our Republican colleagues broadband has become one of my top Commission had considered that Sin- on these. I urge Chairman Pai to take priorities. Without this, our rural areas clair Broadcast Group, the largest them seriously. risk being left behind. The digital di- broadcast company, holds a 38 percent Members of the Commission must be vide exists in this country, and rural market share. But Sinclair wants to 100 percent committed to principles of Americans are the ones who are on the expand its reach and merge with an- free speech, to protecting consumers wrong side of the divide. Small commu- other big company, Tribune Media. The and the underserved. Mr. Pai’s record nities and businesses across West Vir- $3.9 billion deal would give Sinclair does not give me sufficient confidence ginia and elsewhere in rural America control over 200 more local television that he shares that commitment, and, lack this fundamental infrastructure. stations and expand its market to 72 therefore, I urge all of my colleagues to No one understands these issues more percent of the television-owning house- reject his nomination. than Ajit Pai. Chairman Pai grew up in holds. Here is a chart that shows how I suggest the absence of a quorum. rural Kansas. He told me that some- expansive Sinclair’s proposed takeover The PRESIDING OFFICER. The times when he goes home to visit his would be. You can see here the current clerk will call the roll. parents, he cannot get connected in his marks, and you can see down below the The bill clerk proceeded to call the own hometown. He knows the chal- proportional footprint. roll. lenges facing rural communities.

VerDate Sep 11 2014 04:11 Oct 03, 2017 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G02OC6.010 S02OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE October 2, 2017 CONGRESSIONAL RECORD — SENATE S6245 I have had the pleasure of hosting has built a plan for achieving wide- Ajit Pai to serve as the Chair of the Chairman Pai and his staff multiple spread broadband access that meets the Federal Communications Commission, times in West Virginia. Most recently, unique demands of our rural commu- or the FCC. Chairman Pai came to Wardensville in nities. One thing that last night showed us Hardy County, WV, where we have The FCC plays an imperative role in is the importance of connections. good connectivity and where we have addressing these issues in large and Every day, moms and dads pick up actually been able to create new busi- small States, particularly rural States their phones to check in on their kids, nesses and opportunities for a small like mine. students go online to do research on town such as Wardensville. Following In the 21st-century economy, robust homework assignments, and families our visit, we traveled just 20, 30 miles telecommunication networks are in- sit together to watch the newest hit over to Hampshire County, where get- creasingly important for today’s users television show or movie. It is just a ting high-speed internet has been far and the foundation of future innova- fact—media and telecommunications more challenging. There, Chairman Pai tions. services play a vital role in helping met Eric Hott of Kirby, WV, who has a Under his leadership at the FCC, he American households connect with small chocolate business. Eric is hav- has already taken steps toward mod- their loved ones, communities, and the ing trouble following up with orders ernizing the Commission’s role and world around them. and attracting new customers because promoting digital empowerment. Since The FCC makes sure those services he can’t get consistent broadband ac- the beginning of his tenure, the Com- are available and accessible to all cess. mission has hit the ground running, en- Americans, whether they live in a rural Last August, I held a roundtable dis- acting a broad strategic vision to close community or in a large city—at least cussion with Chairman Pai in Fayette the digital divide, to modernize the that is what the FCC is supposed to do. County, WV, focusing on the digital di- Commission’s rules, promote innova- There are a lot of powerful companies vide and the impacts on tourism. We tion, protect consumer and public safe- that want to change that picture, com- visited Adventures on the Gorge. I even ty, and improve the Commission’s panies that want to change the rules so convinced him to join me on a bridge daily operations. they can line the pockets of their cor- walk across the beautiful New River Under Chairman Pai’s leadership, the porate executives and their wealthy in- Gorge. This outdoor recreation destina- Commission has made significant in- vestors. Those powerful companies tion is one of West Virginia’s most vestments to deliver broadband service have launched an all-out assault on beautiful and premier tourist destina- to underserved and unserved areas of every branch of our government with tions, but the small businesses there the country. I am confident that rural only one goal: to make sure the gov- are hampered by the lack of America will see more progress with ernment works for them and for their connectivity. his continued leadership, and today I buddies. If it leaves everyone else in We heard firsthand from business am very proud to support his renomi- the dirt, they don’t much care. owners who can’t grow their business nation to the FCC as he ascends and re- As powerful companies know, it is because of poor internet connectivity. takes the chairmanship of a very im- good to have friends on the inside, and It is hard to attract a talented work- portant part of our communications they have invested a lot of money in force to live and visit in these more and telecommunications network. making friends. Giant corporations rural parts of our States. A local res- With that, I yield back. have spent unlimited amounts of taurant owner shared their difficulty Madam President, I suggest the ab- money to elect politicians who will in notifying customers of available ta- sence of a quorum. promote their views and to flood Con- bles through their online system. They The PRESIDING OFFICER. The gress with lobbyists who will work lost business because of this. clerk will call the roll. around the clock to destroy laws and During each of the Chairman’s visits, The senior assistant legislative clerk rules that the industry doesn’t like and we discussed possible solutions to pro- proceeded to call the roll. to reshape those laws to suit corporate mote greater access and competition. Ms. WARREN. Madam President, I interests. But electing politicians and Chairman Pai is a great listener. He ask unanimous consent that the order inflating Congress with lobbyists isn’t listens to what the issues are, and for the quorum call be rescinded. enough. Their Republican buddies in those include reducing barriers to in- The PRESIDING OFFICER. Without Congress can only do so much. Power- vestment, streamlining the regulatory objection, it is so ordered. ful corporations need weak agencies environment, encouraging public-pri- LAS VEGAS MASS SHOOTING that will not hold them accountable, so vate partnerships, and ensuring ac- Ms. WARREN. Madam President, I they work to fill those agencies with countability on behalf of the taxpayer. wish to begin by offering my condo- their allies—friends who can undo the Following his tour across the coun- lences to the victims of the massacre rules that giant corporations don’t try, during which he stopped in West in Las Vegas last night and to their like, friends who will not go after those Virginia, Chairman Pai proposed a dig- loved ones. I am heartsick for the resi- companies when they throw the rules ital empowerment agenda right down dents of Las Vegas and everyone out the window to make an extra buck. the alley of the issues we just talked around the country who woke up to the The FCC is one of the agencies that about—to grant Americans living in horrendous news of last night’s attack have been on their hit list for a long communities of all sizes, from urban and who is worried sick about whether time, and now they see their oppor- cores to smaller, rural towns, with their family members, friends, and tunity to execute a corporate takeover these online opportunities. Chairman neighbors are OK. of the FCC. They started at the top Pai’s agenda highlighted a variety of Thoughts and prayers are good, but with Ajit Pai, President Trump’s pick specific measures the FCC, Congress, they are simply not enough. Thoughts to chair the FCC. and State and local governments could and prayers are not enough when more Since his appointment as Chair of the make to simplify broadband deploy- moms and dads will bury their children FCC, Chairman Pai has worked at ment. this week. Thoughts and prayers are breakneck speed to transform the FCC Broadband access will be the result of not enough when sons and daughters from an agency that works in the pub- partnerships between private, local, will be forced to grow up without their lic interest to a big business support State, and Federal agencies and organi- parents. group. zations. We need to have this collabo- Attacks like the one last night have Chairman Pai started with net neu- ration to eliminate duplicative and happened all too often in America. trality protections—rules that help outdated programs so that States like Enough is enough. We have to have a keep the internet free and open by pre- mine can efficiently deliver broadband conversation about how to stop gun vi- venting giant broadband companies to our rural communities efficiently olence in America, and we need to have from discriminating against certain and cost-effectively. that conversation right now. internet users and turning the internet By listening to communities like Madam President, I want to take into another service that caters to ours—and remember, I said Chairman some time to discuss the vote we will those who can pay top dollar. Like his Pai is a great listener—the Chairman be taking shortly on the nomination of big broadband buddies, Chairman Pai

VerDate Sep 11 2014 04:11 Oct 03, 2017 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G02OC6.011 S02OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6246 CONGRESSIONAL RECORD — SENATE October 2, 2017 opposes net neutrality. Once President sioner but who was expected to be pro- University with a B.A. in 1950. That Trump was elected, Chairman Pai de- moted to Chairman—he met with him same year, he married the love of his clared that the days of net neutrality to urge him to change the rules so Sin- life, his wife Regina. Together, they protections were numbered, and now he clair can grow even more powerful. had seven children. In 1953, Strom is working hard to reverse those rules. When President Trump nominated Pai graduated from Creighton University’s Chairman Pai has more items on his to chair the FCC, Sinclair got exactly School of Law, finishing at the top of agenda. He is working to weaken the what it wanted: Chairman Pai imme- his class. He soon joined the pres- FCC’s Lifeline Program, which helps diately got to work changing the rules tigious firm of Fitzgerald, Schorr, low-income households across the so it would be easier for Sinclair to ac- Barmettler, & Brennan. country pay for phone and broadband quire Tribune. Strom started his career believing he service. Chairman Pai has also halted Local media is sacred to many Amer- would be a business type of lawyer. the FCC’s efforts to demand some ac- icans. It is where we catch up on what Shortly after joining the firm, how- countability from private prison phone is happening in our communities from ever, Bob Hamer brought Strom into companies that charge sky-high rates people who know and care about our his litigation group because he was to prisoners and their loved ones. communities. A merger between Sin- smart and a hard-working professional. Chairman Pai thinks it is just fine for clair and Tribune would allow Sinclair By 1958, Strom led the litigation prac- private companies to make it harder to change that dynamic. With more tice for the firm. for prisoners to stay connected to their local programming coming from a cen- Over his years of private practice, families and their communities by tralized source, there would be less in- Lyle Strom became a well-known, well- charging exorbitant phone fees. formation and less diversity of ideas in liked litigator in Nebraska, especially Chairman Pai defends killing these local reporting. That kind of con- in Omaha. In 1985, after 32 years of law strong, public-centered rules by repeat- centrated power is bad for competition, practice and with encouragement from ing a version of the same old, tired re- and it is worse for democracy. Whether Congressman Hal Daub, President Ron- frain that we have heard over and over the Sinclair agenda is on the political ald Reagan appointed Strom to the from industry: Government should stay right or the political left, no single, U.S. District Court for the District of out of the way and let big corporations centralized corporation should control Nebraska. He served as chief judge of do as they please because when big cor- access to local programming for so the court from 1987 until 1994 and in porations make lots of profits, that many households. 1995 took senior status, allowing him benefits everyone. Yeah, right. That We need a strong Chair at the FCC, a the ability to continue sitting as a worn-out theory has been disproved Chair who understands that the gov- judge on cases over the past 22 years. Judge Strom has always been dedi- time and time again. Americans know ernment’s role is to work for American cated to the craft of practicing law. He that when government is asleep at the families and to hold giant corporations served as the president of the Omaha wheel and big companies get to make accountable. We do not need a Chair at Bar Association from 1980 to 1981 and the rules, those giant companies make the FCC who is working for the most as president of the Nebraska State Bar out like bandits, while everyone else powerful communications corporations Association from 1989 to 1990. gets stuck with the bill. in this country. That is why I will vote One of his biggest joys has come in That is not all. When government no on the nomination of Chairman Pai the form of mentoring aspiring lawyers doesn’t do its job, when it fails to pro- to be Chairman of the FCC. and young people—something he has tect the public interest, the big guys Thank you, Madam President. done throughout his career. In his first can grow even larger and more power- I yield the floor. decade as a lawyer, he worked as a pro- ful and can translate greater economic The PRESIDING OFFICER. The Sen- fessor at Creighton University. In his power into greater political power, and ator from Nebraska. fifth, after becoming a Federal judge that is where it gets very scary. Just TRIBUTE TO LYLE E. STROM AND WILLIAM J. with a full caseload, Judge Strom RILEY look at Sinclair Broadcast Group. Sin- served as the Creighton Law School in- Mrs. FISCHER. Madam President, I clair is the largest television station ternship program director and clinical rise today to recognize two Nebraskans owner in America, and it has made a professor of law. name for itself by aggressively pro- who are retiring after long careers of Strom has also dedicated decades of moting ultraconservative views. It is service to the American people: the service to the Boy Scouts of America infamous for forcing its stations to reg- Honorable Lyle E. Strom and the Hon- and was the founder of the Inns of ularly run rightwing segments, and it orable William J. Riley. Both of these Court organization in Nebraska and melds its radical ideology with a take- judges have spent years upholding the has been closely involved with the Ne- no-prisoners profit-making mission, rule of law, and their professionalism braska Mock Trial Program. finding more and more creative ways has established a strong reputation for During his 64 years of practice, Judge to reduce news coverage and instead their respective courts. They are true Strom has been a model for dedication promote its sponsors’ products. role models for current and aspiring to the rule of law. His hard work and Being the biggest isn’t enough for lawyers and judges, and their excep- mentoring to both aspiring lawyers and Sinclair—it wants to become even tional work should be acknowledged. young people across Omaha have made more powerful, so it has put in a bid to Lyle Elmer Strom was born on Janu- him a staple in our communities. purchase Tribune Broadcasting, an- ary 6, 1925, in Omaha, NE. His mother He has also had an eye for talent. In other large television station owner. If was a schoolteacher. His father worked 1973, while still working as a litigation government regulatories don’t stop the as an oil trader. Judge Strom has said lawyer, Strom hired a new lawyer to merger, Sinclair would have access to that he didn’t much care for school the firm—William J. Riley. This began over 70 percent of American house- while he was growing up. Instead, he a great professional relationship be- holds. If the alarm bells haven’t al- found himself causing more trouble tween two of the top lawyers in Ne- ready gone off, this is where they than good, especially when he played braska. should start ringing like crazy. football on top of the nearby grain silo Born in Lincoln in 1947, Bill Riley ob- During the Presidential campaign, with some friends. tained both his B.A. and his juris doc- Sinclair was a huge supporter of then- In 1943, after being rejected by the torate from the University of Ne- Candidate Trump. It used its power in Navy because of weak eyesight, Strom braska, graduating from the law school local television markets to spread enlisted in the Merchant Marines as a in 1972. While in school, Riley served as slanted, pro-Trump news stories. Jared radio signal operator. During his time the editor and chief of the Nebraska Kushner, President Trump’s son-in- in the Naval Reserve, he was inspired Law Review, and he graduated at the law, even bragged about reaching a to become a lawyer after being im- top of his class. deal with Sinclair to get more positive pressed by his fellow Merchant Marines From 1972 to 1973, Riley clerked for news media coverage of Trump. who had obtained college and profes- the Honorable Donald P. Lay with the The day before Trump’s inaugura- sional degrees. U.S. Court of Appeals for the Eighth tion, Sinclair’s chairman met with After serving his country in the mili- Circuit, a court he would later serve on Pai—who was then an FCC Commis- tary, Strom graduated from Creighton 30 years later.

VerDate Sep 11 2014 04:11 Oct 03, 2017 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G02OC6.013 S02OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE October 2, 2017 CONGRESSIONAL RECORD — SENATE S6247 It was Judge Lay who told Riley that Ms. CANTWELL. Madam President, I Today consumers are using mobile the best tutelage he could receive as a ask unanimous consent that the order apps to preorder coffee, to get access to trial attorney would be at the firm of for the quorum call be rescinded. healthcare information, and to make Fitzgerald, Schorr, Barmettler, & The PRESIDING OFFICER. Without sure that we protect ourselves from at- Brennan, the firm where a legendary objection, it is so ordered. tacks on everything, from our elec- attorney, Lyle Strom, had led the Liti- Ms. CANTWELL. Madam President, I tricity grid to people’s homes and secu- gation Department since 1958. It was come to the floor today to speak about rity systems. I am very worried that, if great advice. After Strom became a the vote we will have at 5:30 p.m., but the internet’s arteries are officially judge, it was Riley who took his place I want to give my condolences to those slowed down or clogged, critical infor- as chair of the firm’s litigation depart- who have been impacted by the horrific mation could arrive too late to help ment. shooting in Las Vegas and to the fami- protect consumers. In 2001, Riley’s professionalism lies and the victims of this horrible in- We are living in a world where people caught the eye of both Nebraska Sen- cident. I want them to know that our are seeing things happen then using ators and the President of the United thoughts and prayers are with them as their smart phones to collect and share States, George W. Bush. The new Presi- the whole Nation turns to this situa- information that can keep all of us dent nominated him to the U.S. Court tion. safe. So this is another reason why we of Appeals for the Eighth Circuit. Riley My thoughts and prayers also go out want to make sure that consumers can was confirmed unanimously in Sep- to at least one Washington family who get access to and share information tember of 2001, becoming one of Presi- was impacted and was at this event. We and are not slowed down or throttled in dent Bush’s first circuit court appoint- may find out that there are others. We any way. ments. He became chief judge for the are thinking and praying deeply for When we think about this and the Eighth Circuit in 2010. their recovery, and I hope everybody app economy that exists in Washington During his tenure, Riley was inti- will take the time to say some State, these are the fastest growing mately involved in the governance and thoughts and prayers for those who businesses. It is part of a large organi- policy-setting for the entire U.S. Fed- have been impacted by this incident. zation, where, today, 1.7 million Ameri- Madam President, I come to the floor eral court system. He served on the Ex- cans’ jobs are because of these apps, to speak in opposition to the nomina- ecutive Committee of the Judicial Con- and nearly 92,000 of them are in the tion of Ajit Pai to have a second term ference of the United States, an organi- State of Washington. They have grown as the Chairman of the FCC. The rea- zation presided over by the Chief Jus- at an annual rate of 30 percent. The av- son why we are speaking about this tice of the Supreme Court. erage growth rate for all other jobs is vote that will happen in a short period Riley also served as strategic plan- 1.6 percent. Why would we confirm ning coordinator for the Judicial Con- of time is because we are concerned someone who has already pledged to ference, helping enact greater cyber se- about the future of innovation, the fu- roll back the rules of an open internet, curity measures throughout the Fed- ture of where consumers play in the de- which basically will create throttling eral court system. cision making of how they access con- Judge Riley has served our country tent, and the future of our economy. and slowing down of content that will well over the last 16 years, and on June What I am worried about is that, in hurt the app economy and small busi- 30, 2017, after 45 years of practicing the short period of time that Chairman nesses? Nobody wants to develop a new appli- law, Judge Riley took senior status on Pai has been at the FCC, instead of the cation that connects consumers— the Eighth Circuit. He said that now he policies that would have enabled con- is going to have time to relax with his sumers, he has taken actions that, I whether it is in healthcare or pro- wife Norma, their three children, and think, will have consumers paying tecting people in cyber or education or, their nine grandchildren. more for less access and with which for that matter, even the Senate—if Riley has served his local legal com- media concentration will be more en- they are going to have to pay a toll to munity by teaching trial practice at abled and plans to protect net neu- get faster access to information or to both Creighton University School of trality in an open internet will be re- get faster access to their customers. Law and the University of Nebraska versed. Dismantling net neutrality puts our College of Law. He is a decorated Boy This, in and of itself, is the biggest economy in jeopardy. While I know Scout leader and served as a founding issue that I and the economy of Wash- some would say that it is necessary for member of the Robert M. Spire Amer- ington State could possibly see with investment, I would say that instead ican Inn of Court legal mentoring pro- this renomination; that is to say, the what we have seen in the last several gram. State of Washington and the internet years, while the open internet rules Before his appointment to the court, and innovation that exists there could have been in place, is the type of in- Riley served as president of the Omaha be greatly impacted by the rolling creased investment in the internet in- Bar Association from 2000 to 2001. back of protections that we have now, frastructure that is needed to support Both of these judges deserve our re- which say that you cannot artificially its growing importance. spect for how they approach the justice throttle or slow down internet activity I do not agree with my colleagues system and the law. Both are role mod- and hold consumers hostage to paying who think this reversing the open els that I hope future lawyers and more. internet rules is necessary to grow our judges follow. Their careers should be The mission of the FCC is to promote investments. That’s just what the large applauded and their commitment to the use and deployment of communica- cable companies tell you they need so our community should be honored. I tions in the public interest, and it is that they can build fast and slow lanes wish them the best in their retirement. the job of the Chairman to make sure and charge consumers more if they LAS VEGAS MASS SHOOTING that mission is carried out. Undoing want access to those fast lanes. Madam President, now, if I may, I the existing net neutrality laws on the I encourage my colleagues to vote no would like to express my sympathies books, I do not think, is in the public on Ajit Pai for a second term as FCC and the sympathies of the people of Ne- interest, and it will not promote the Commissioner. Let’s get focused on braska for those who have lost loved access we need. Dismantling this rule making sure we protect an open inter- ones in Las Vegas. Our hearts are that would preserve the diversity of net. I yield the floor. heavy. I am praying for them and for content will negatively impact our The PRESIDING OFFICER (Mr. those who were injured and for their marketplace for a long time. MORAN). The Senator from Massachu- families as well. When we think about some of the Thank you, Madam President. issues that we have already seen and setts. I yield the floor. what we could see in the future, more LAS VEGAS MASS SHOOTING I suggest the absence of a quorum. consumers will have to pay a toll to Mr. MARKEY. Mr. President, I wish The PRESIDING OFFICER. The use the internet. What we will see is to start my remarks with my deepest clerk will call the roll. that, if you want to get in the fast lane condolences and prayers for the people The senior assistant legislative clerk or if you want to have rapid access, of Las Vegas and for the families and proceeded to call the roll. you have to pay more. loved ones of the victims of the worst

VerDate Sep 11 2014 04:11 Oct 03, 2017 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G02OC6.014 S02OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6248 CONGRESSIONAL RECORD — SENATE October 2, 2017 mass shooting in our Nation’s history. too late for at least 58 people in Las do not block, slow down, sensor, or The Nation’s heart breaks that inno- Vegas and the hundreds of others who prioritize internet traffic. cent concertgoers had to suffer such were wounded. We should not wait an- Today, essentially every company is senseless violence. May you find the other day. We need to pass common- an internet company. Every company strength and love to overcome your sense gun safety legislation so we can has to deal with the digital revolution grief, to heal, and to move forward. hold a moment of silence for the NRA’s to be relevant in the 21st century. In We owe our gratitude to the brave stranglehold on American politics. We 2016, almost half of the venture capital first responders for their efforts last must make ‘‘NRA’’ stand for ‘‘not rel- funds invested in this country went to- night and to the medical professionals evant anymore’’ in American politics ward internet-specific and software who are working tirelessly to heal and in our country. That should be our companies. That is $25 billion worth of wounds and save lives right now. But agenda here on the floor of the Senate. investment—half of all venture capital enough is enough. Americans are tired What is wrong is leaving Americans in this country. That is good. of living in fear that their community in our communities unprotected yet To meet America’s insatiable de- will be the next Newtown, Aurora, Or- again from gun violence. What is wrong mand for broadband internet, the U.S. lando, or Las Vegas. We must act so is not having a debate and allowing the broadband and telecommunications in- that we do not become numb to this NRA to block sensible gun safety legis- dustry—the big companies—invested preventable carnage. lation. We must act so that we do not more than $87 billion in capital expend- This epidemic of gun violence in our become numb to the preventable car- itures in 2015. That is the highest rate country is not preordained. It is pre- nage for the people of Las Vegas and of annual investment in the last 10 ventable. We can begin by banning the people of Newtown, Aurora, San years. That is good. these military-style assault weapons, Bernardino, and every community in We have hit the sweet spot. Invest- like the AR–51, which are the guns of our country. That should be our re- ment in broadband and wireless tech- choice for those who seek to inflict sponsibility now in this country. nologies is very high. Job creation is mass casualties on civilians. These are Mr. President, I wish to turn my at- very high. Venture capital investment weapons that belong in combat, not in tention to the confirmation of FCC in online startups is very high. With our communities. Chairman Ajit Pai, the subject of to- net neutrality rules in place, the best Unfortunately, the gun lobby pre- day’s vote on the Senate floor. ideas, not merely the best funded ideas, vailed on Congress to let the assault Last week, I took to the floor to ex- can thrive in the 21st century. weapons ban expire in 2004, but we need plain how, in his short tenure as Chair- Chairman Pai says he ‘‘likes’’ net it now more than ever. We must also man of the Federal Communications neutrality, but then he says he wants pass legislation to ensure that all gun Commission, Ajit Pai has stood up for to take an ax to the very order that es- purchases include a background check. big corporations and ignored American tablished today’s net neutrality rules. Ninety-two percent of Americans sup- consumers. That is like saying you value democ- port expanded background checks. No Under Ajit Pai, the FCC now stands racy but don’t really like the Constitu- one should be able to purchase a gun for ‘‘forgetting consumers and competi- tion. It makes no sense. Net neutrality through Facebook or Instagram with- tion.’’ Here are the five reasons I gave. is the organizing principle of the inter- out a background check. Instagram No. 1, on net neutrality, I explained net. should not be ‘‘Instagun,’’ which it is how Ajit Pai wants to take a ‘‘weed Chairman Pai and the ISPs—that is, in America today. whacker’’—his words—to net neu- internet service providers, the big com- Let’s also close the gun-show loop- trality, allowing broadband providers panies—keep walking around, whis- hole that allows anyone to go into one to serve as internet gatekeepers and pering how title II is some terrible of these Kmarts full of killing ma- pick online winners and losers. word, some terrible thing. chines and buy a gun without a back- No. 2, on privacy, Chairman Pai has Let’s understand how we landed here. ground check. Let’s close the loophole actively supported efforts to allow What is title II? It gets very mys- that allows domestic abusers to buy broadband providers to sell consumers’ terious until you put it into very sim- guns. Let’s close the loophole that al- sensitive information without their ple language. In 2010, the Federal Com- lows straw purchasers to buy guns and consent, as well as eliminating require- munications Commission attempted to flood our streets with them. Let’s re- ments for those companies to put in put net neutrality rules in place with- peal the Protection of Lawful Com- place data security protections, despite out reclassifying broadband under title merce in Arms Act, or the PLCAA, and the obvious need to protect personal II of the Communications Act. The Dis- take away the gun manufacturers’ im- information. trict of Columbia Circuit Court pro- munity from civil liability. PLCAA No. 3, on megamergers, Mr. Pai has ceeded to invalidate those rules and should stand for ‘‘protecting lives, cre- paved the way for massive mergers, said to the Federal Communications ating arms accountability.’’ which will squeeze out independent Commission: Here is how you can do it, We must also recognize that this epi- programmers and lead to higher prices and it will not be struck down. Here is demic of gun violence is a public health for consumers. a smart way for you to put net neu- emergency, and we must treat it that No. 4, on the E-rate, the education trality on the books, which will make way. We must fully fund this critical rate, Chairman Pai has refused to com- it legal. research agenda at the Centers for Dis- mit to protecting the E-rate, the most So the Federal Communications ease Control and give the CDC the re- successful educational technology pro- Commission, in correctly reading the sources it needs. gram in our country’s history, which court decision, went back, and in 2015 We will hear lots of people say that links up schools and libraries to the adopted the open internet order, which now is not the time to politicize this internet. reclassified broadband as a tele- tragedy, that talking about legislation No. 5, on the Lifeline Program, Mr. communications service under title is insensitive and wrong. The only Pai has undercut the Lifeline Program, II—under this ability to regulate. They thing the NRA wants more than to sell which provides access to voice and did it, and the circuit court of appeals lots of gun silencers is to put a silencer internet service for millions of low-in- upheld the rules in a 2016 decision. on the debate about gun safety legisla- come Americans. There it is: instructed by the court tion. The only thing the NRA wants The case against Chairman Pai’s how to do it, follow the instructions, more than allowing nationwide con- nomination is clear. I want to spend a implement, done. It is now baked into cealed carry laws is to conceal the few more minutes today on the par- the personality of the internet to have overwhelming support for background ticularly critical issue of net neu- openness. The apertures are there for checks. The only thing the NRA wants trality, the chief governing principle of anyone to be able to get on, not to be more than to stifle smart gun tech- the internet. discriminated against. That is what nology is to stifle debate on gun vio- Net neutrality ensures that all inter- the internet should be like in the 21st lence protection. net traffic is treated equally, requiring century. So to anyone who says having this that internet service providers like Title II is appropriate because it was debate now is too soon, it is already AT&T, Charter, Verizon, and Comcast Congress’s intent to preserve the FCC’s

VerDate Sep 11 2014 04:11 Oct 03, 2017 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G02OC6.016 S02OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE October 2, 2017 CONGRESSIONAL RECORD — SENATE S6249 authority to forestall threats to com- Mr. THUNE. Mr. President, I ask promptly and without further delay. I petition and innovation in tele- unanimous consent that I be able to urge my colleagues to support his nom- communications services, even as complete my remarks prior to the vote. ination. those technologies used to offer those The PRESIDING OFFICER. Without Mr. President, I ask for the yeas and services evolve over time. objection, it is so ordered. nays. We are not locked into one period of Mr. THUNE. Mr. President, I rise to The PRESIDING OFFICER. Is there a technology. As it evolves, so, too, does voice my strong support for the nomi- sufficient second? an evolution occur in terms of what nation of Ajit Pai to a second 5-year openness means—the ability of every- term as a Commissioner at the Federal There appears to be a sufficient sec- one to be able to use the internet with- Communications Commission. Mr. Pai ond. out being discriminated against. has served as a Commissioner at the All time has expired. Broadband has become the single FCC since 2012, when he was first con- The question is, Will the Senate ad- most important telecommunications firmed by a voice vote in the Senate. vise and consent to the Pai nomina- service Americans use to transmit in- He was designated as Chairman earlier tion? formation to one another, and it has this year. The clerk will call the roll. become clear that innovators, busi- A native of Kansas, Chairman Pai The legislative clerk called the roll. nesses, and consumers overwhelmingly has focused on the expansion of rural view broadband as a telecommuni- broadband and the acceleration of Mr. CORNYN. The following Senators cations service. next-generation infrastructure deploy- are necessarily absent: the Senator This is common sense to Americans ment. In recent weeks, he has worked from Mississippi (Mr. COCHRAN), the around the country, with the only ex- tirelessly to help ensure that commu- Senator from Nevada (Mr. HELLER), the ception being big telecommunications nications services are restored to the Senator from Arizona (Mr. MCCAIN), lobbyists and lawyers who work to communities that have been affected and the Senator from Pennsylvania close this internet, who want to stop by Hurricanes Harvey, Irma, and (Mr. TOOMEY). this incredible, entrepreneurial, de- Maria. In just his 9 months since be- Mr. DURBIN. I announce that the mocracy-enhancing set of rules that coming Chairman, Mr. Pai has also Senator from Nevada (Ms. CORTEZ exists to ensure that this communica- made much needed reforms to improve MASTO), the Senator from New Jersey tions mechanism is not controlled by transparency at the FCC and to im- (Mr. MENENDEZ), and the Senator from just a small number of companies. prove the agency’s processes. Vermont (Mr. SANDERS), are nec- Ajit Pai has said that he likes net I am particularly heartened by Chair- essarily absent. neutrality, but he thinks it should be man Pai’s efforts to treat his fellow The PRESIDING OFFICER (Mr. voluntary. But voluntary regulations Commissioners fairly by instituting LANKFORD). Are there any other Sen- will not work. We know that the the process of sharing documents with ators in the Chamber desiring to vote? broadband industry—your cable, your other Commissioners before discussing wireless, your telecommunications pro- The result was announced—yeas 52, them publicly. Additionally, under nays 41, as follows: vider—cannot regulate themselves. Chairman Pai’s leadership, the public [Rollcall Vote No. 209 Ex.] They struggle to even show up on time is now able to view the text of all agen- to install or fix your service. da items in advance of Commission YEAS—52 Do we really trust the broadband in- hearings. Alexander Gardner Peters dustry to resist leveraging their inter- With respect to the thorny issue of Barrasso Graham Portman net gatekeeper role and putting their Blunt Grassley Risch internet regulations, I am pleased online competitors at an unfair dis- Boozman Hatch Roberts Chairman Pai has sought to hit the Burr Hoeven advantage? Of course not. Rounds reset button on the 2015 title II order Capito Inhofe Rubio Americans have made their voices because, as I had previously said, the Cassidy Isakson Sasse heard about net neutrality. More than Collins Johnson Scott FCC should do what is necessary to re- Corker Kennedy 22 million Americans have written to Shelby Cornyn Lankford balance its regulatory posture under Strange the Federal Communications Commis- Cotton Lee current law. At the same time, I con- Sullivan sion in the past several months, send- Crapo Manchin tinue to believe the best way to provide Tester ing a clear message of support for net Cruz McCaskill long-term protections for the internet Daines McConnell Thune neutrality. Hear that again: 22 million is for Congress to pass bipartisan legis- Enzi Moran Tillis Americans sent a message to the Fed- Wicker lation. Ernst Murkowski eral Communications Commission that Fischer Paul Young Rather than prolonging the back- they do not want to see a change in the Flake Perdue and-forth debate on this issue, I, once net neutrality rules for our country. again, invite my colleagues to work NAYS—41 Yet Ajit Pai will not listen. His plan with me to find a lasting legislative so- Baldwin Franken Murray will allow broadband providers to stifle lution that will resolve the dispute Bennet Gillibrand Nelson innovation, stifle entrepreneurship. His Blumenthal Harris Reed over net neutrality once and for all. plan will allow big broadband barons to Booker Hassan Schatz As for the nomination before us, I Brown Heinrich crush competition, reduce choice, and Schumer can think of no better pick to lead the Cantwell Heitkamp Shaheen then make consumers pay more. FCC as it works to address a host of Cardin Hirono Stabenow We cannot allow this to happen. That Carper Kaine Udall issues at the heart of our inter- Casey King Van Hollen is why this vote we are about to take is Coons Klobuchar connected economy. As I noted at the Warner so important. That is why I urge my Donnelly Leahy outset, Chairman Pai has already made Warren colleagues to stand up for consumers Duckworth Markey much needed reforms to improve the Whitehouse and to vote no on Ajit Pai’s nomina- Durbin Merkley processes at the FCC that empower fel- Feinstein Murphy Wyden tion to be the Chairman of the Federal low Commissioners. He has already Communications Commission. NOT VOTING—7 I yield back the remainder of my shown a commitment to ensuring transparency and openness at the Com- Cochran McCain Toomey time. Cortez Masto Menendez I suggest the absence of a quorum. mission. That gives me great con- Heller Sanders fidence in the direction he will lead the The PRESIDING OFFICER. The The nomination was confirmed. clerk will call the roll. agency. The legislative clerk proceeded to Chairman Pai’s approach, I believe, The PRESIDING OFFICER. Under call the roll. will lead to more long-lasting and posi- the previous order, the motion to re- Mr. THUNE. Mr. President, I ask tive results at the FCC. That is why I consider is considered made and laid unanimous consent that the order for believe the elevation of Ajit Pai to be upon the table and the President will the quorum call be rescinded. the Chairman of the Commission is a be immediately notified of the Senate’s The PRESIDING OFFICER. Without much needed breath of fresh air and action. objection, it is so ordered. why I believe he should be confirmed The Senator from Arizona.

VerDate Sep 11 2014 04:11 Oct 03, 2017 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G02OC6.017 S02OCPT1 SSpencer on DSKBBV9HB2PROD with SENATE S6250 CONGRESSIONAL RECORD — SENATE October 2, 2017 LEGISLATIVE SESSION Liberal groups have been relentless Barrett is up to that task. What is re- in their opposition to Professor Bar- markable is that I need to say this in rett, mischaracterizing her record to 2017. MORNING BUSINESS paint her as some kind of fringe ideo- It bears repeating that a Roman Mr. FLAKE. Mr. President, I ask logue waiting to take orders from the Catholic can be a faithful steward of unanimous consent that the Senate Pope or others in clergy on how to de- the law. So can an Episcopalian. So can proceed to legislative session and be in cide cases. Just last week, the New a Mormon. So can a Muslim. Of course, a period of morning business, with Sen- York Times ran a 1500-word story on so can an atheist. ators permitted to speak therein for up where Professor Barrett worships. As it We in the Senate give the President to 10 minutes each. turns out, apart from her parish advice and consent on judicial nomina- The PRESIDING OFFICER. Without church, Professor Barrett has been part tions. We therefore should examine objection, it is so ordered. of an ecumenical charismatic commu- their jurisprudential views and their f nity. qualifications. We must not examine NOMINATION OF AMY BARRETT I should note that charismatic Chris- their relationships with the Almighty. tianity is gaining a lot of ground I sincerely hope this body will step Mr. FLAKE. Mr. President, I rise among Latinos in the United States back from this dangerous ledge and today to discuss how we allow religious and throughout Latin America. It is a evaluate Professor Barrett based on believers to participate in public life. vibrant and very diverse religious tra- her impeccable qualifications, not From the founding of our country, dition. where she attends church. religious believers have played a cen- According to the Times, Professor With that, Mr. President, I yield the tral role in our government. The Dec- Barrett should have disclosed her par- floor. laration of Independence was signed by ticipation in this charismatic commu- The PRESIDING OFFICER. The ma- a Presbyterian minister, John nity to the Senate Judiciary Com- jority leader. Witherspoon, and Charles Carroll, the mittee. f cousin of our first Catholic bishop. The importance of religious partici- Professor Barrett’s former professor EXECUTIVE SESSION pation was in the air the Founders and colleague, Professor Cathy Kaveny breathed, and the benefits religious be- of Boston College, went so far as to lievers of all backgrounds contributed ask: ‘‘[Nominees] have to disclose ev- EXECUTIVE CALENDAR erything from the Elks Lodge to the to the common good was understood by Mr. MCCONNELL. Mr. President, I the Framers of the Constitution. That alumni associations we belong to. Why move to proceed to executive session to is why they made it clear in article VI didn’t she disclose this?’’ Well, I am no consider Calendar No. 119, Lee Francis of the Constitution that no public offi- law professor, but I can tell you why: Cissna. cers could be subject to a ‘‘religious because in the United States of Amer- The PRESIDING OFFICER. The test.’’ This new country wouldn’t be a ica, it doesn’t matter where you wor- question is on agreeing to the motion. country for Anglicans or for Congrega- ship when you are being considered for The motion was agreed to. tionalists or for Quakers; it would be a Federal office, and that is as it should The PRESIDING OFFICER. The country for all Americans and all be. clerk will report the nomination. faiths—all of those who are committed The Judiciary Committee does not The legislative clerk read the nomi- to the Constitution and the common require disclosure of religious affili- nation of Lee Francis Cissna, of Mary- good. ation, and I trust my colleagues would land, to be Director of United States Unfortunately, the religious test join me in strenuously objecting if it Citizenship and Immigration Services, clause is no longer just the subject of did. Department of Homeland Security. It is ironic that a Notre Dame pro- history lessons. During this Congress, CLOTURE MOTION fessor is a target of this kind of ani- there have been a number of cases Mr. MCCONNELL. Mr. President, I where my friends in the minority have mus. Notre Dame, of course, has long send a cloture motion to the desk. seemed to ask nominees about their been at the forefront of fighting preju- The PRESIDING OFFICER. The clo- substantive religious beliefs. I find this dice in this country. ture motion having been presented particularly troublesome because, as a Early in its years, Notre Dame under rule XXII, the Chair directs the Mormon, I am a member of a faith helped rid America of the scourge of clerk to read the motion. that, while it is growing rapidly, still slavery. Many artists have rendered The legislative clerk read as follows: Notre Dame professor, Father William counts fewer adherents than many CLOTURE MOTION Corby, giving the Irish Brigade general other religions. It is religious liberty, We, the undersigned Senators, in accord- espoused in constitutional provisions absolution during the Battle of Gettys- ance with the provisions of rule XXII of the like article VI and the First Amend- burg. Standing Rules of the Senate, do hereby ment, that has allowed my faith, de- The school then faced down the Ku move to bring to a close debate on the nomi- spite a very difficult history, to flour- Klux Klan in the 1920s. At a time when nation of Lee Francis Cissna, of Maryland, to ish in the United States, and it is reli- a large number of White men in Indi- be Director of United States Citizenship and gious liberty that is threatened when ana were members of the Klan, Notre Immigration Services, Department of Home- we seem to evaluate the fitness of Dame students made it clear that the land Security. Mitch McConnell, Chuck Grassley, Mike nominees for higher office on religious Klan’s brand of nativist, anti-immi- grant, anti-Catholic hate was not wel- Crapo, John Cornyn, John McCain, Pat orthodoxy. Roberts, Steve Daines, Roger F. The most recent example of this was comed in South Bend. Wicker, Mike Lee, John Boozman, the recent Judiciary Committee nomi- Four decades later, Notre Dame’s Lindsey Graham, James M. Inhofe, nation hearing of Professor Amy Coney president, Father Ted Hesburgh, re- Cory Gardner, Jeff Flake, John Thune, Barrett of the Notre Dame Law School. ceived a call about a rally at Soldier John Barrasso, Orrin G. Hatch. During the hearing, she was asked re- Field being organized by Dr. Martin Mr. MCCONNELL. Mr. President, I peatedly about her Catholic faith and Luther King. Hesburgh was told that ask unanimous consent that the man- faced what bordered on ridicule when Mayor Daley and Cardinal Cody had de- datory quorum call with respect to the she repeatedly stated that she would clined invitations to appear at the civil cloture motion be waived. perform her judicial duties without in- rights rally, and the organizers won- The PRESIDING OFFICER. Without terference from the doctrines of the dered if he would be willing to appear. objection, it is so ordered. Catholic faith. It was stated by one In response, Hesburgh drove to Chi- f questioner: ‘‘The dogma lives loudly cago, locked hands with Dr. King, and within you, and that’s of concern.’’ sang ‘‘We Shall Overcome.’’ LEGISLATIVE SESSION What does that statement mean in this Whether it is slavery, nativism, or Mr. MCCONNELL. Mr. President, I context, if not to question Professor Jim Crow, Notre Dame has stood up to move to proceed to legislative session. Barrett’s judicial fitness based on her it and has triumphed. In that same tra- The PRESIDING OFFICER. The religious beliefs? dition, I am confident that Professor question is on agreeing to the motion.

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