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, THURSDAY, DECEMBER 14, 2017 No. 204 Senate The Senate met at 10 a.m. and was EXECUTIVE SESSION from around the globe, and it is the called to order by the President pro Senate’s responsibility to provide the tempore (Mr. HATCH). service chiefs with the resources to EXECUTIVE CALENDAR train and equip our warfighters and to f The PRESIDING OFFICER. Under provide them with the resources they the previous order, the Senate will pro- need to keep us safe. PRAYER ceed to executive session and resume The diverse challenges posed by Iran, China, Russia, North Korea, ISIL, al- The Chaplain, Dr. Barry C. Black, of- consideration of the following nomina- Qaida, and its affiliates span the spec- fered the following prayer: tion, which the clerk will report. trum of warfighting, and our force Let us pray. The senior assistant legislative clerk read the nomination of James C. Ho, of must be trained and prepared to oper- O Lord our God, we are grateful for ate on sea, air, land, and in cyber Your marvelous works and power. Keep Texas, to be United States Circuit Judge for the Fifth Circuit. space. These challenges were only com- us from becoming weary in doing what pounded by the Obama administra- is right, as You remind us that a har- RECOGNITION OF THE MAJORITY LEADER The PRESIDING OFFICER. The ma- tion’s focus on reducing the size of our vest of blessings is certain. Give conventional force, withdrawing our strength to our lawmakers and bless jority leader is recognized. Mr. MCCONNELL. Mr. President, forward presence, and placing an unre- them with Your peace. We praise You alistic reliance upon allies and Special that You are the strength of our lives today the Senate will continue another historic week confirming more of Operations forces. and we need not fear for the future. As In stark contrast to the previous ad- President Trump’s impressive judicial You guide our Senators with Your wis- ministration, this Republican-led Con- nominees to the Federal bench—Steven dom, create in them a hunger and gress and the Trump administration Grasz, confirmed; Don Willett, con- thirst for righteousness, preparing have taken the initial steps to rebuild firmed. And soon we will add James Ho them to be filled with Your Divine our military. We are working to ensure to the list by confirming him to serve nourishment. Lord, thank You for not that the needs of the force are met and on the Fifth Circuit Court of Appeals. withholding blessings from those who our servicemembers have the tools and He is an exceptionally well-qualified walk upright. training necessary to fulfill their mis- nominee whose career in both public We pray in Your great Name. Amen. sions. service and the private sector has gar- In our ongoing discussions sur- f nered respect from both sides of the rounding government funding, we must aisle. The former Democratic mayor of continue to prioritize our Nation’s men PLEDGE OF ALLEGIANCE Dallas supported his nomination, call- and women in uniform. It is illogical ing him ‘‘among the most brilliant ap- for this Senate to repeatedly vote to The President pro tempore led the pellate lawyers in the United States.’’ Pledge of Allegiance, as follows: pass National Defense Authorization When we vote to confirm Mr. Ho, we Acts at one level of authority and not I pledge allegiance to the Flag of the will be adding another fair and impar- United States of America, and to the Repub- meet that commitment with the nec- tial judge to the Federal bench, and by essary appropriations act; and this lic for which it stands, one nation under God, doing so, the Senate will take another indivisible, with liberty and justice for all. funding cannot be held hostage to the important step to ensure that the Fed- Obama-era demand that increases in f eral judiciary fulfills its proper role in defense funding be matched by equal our constitutional system. Each of increases in nondefense spending. Con- them will be an asset to our Nation’s RESERVATION OF LEADER TIME gress ignored that demand earlier this courts. year, and we must do it again now. The PRESIDING OFFICER (Mr. Under Chairman GRASSLEY’s leader- The reason is simple: Under the STRANGE). Under the previous order, ship, the Senate Judiciary Committee Budget Control Act, the Department of the leadership time is reserved. has done outstanding work to move Defense has received a dispropor- these judicial nominees to the floor. I tionate funding cut—and will again if f am grateful for his efforts, and I urge Congress fails to come to an agree- all of my colleagues to join me in vot- ment. That type of blow would unac- CONCLUSION OF MORNING ing to confirm Mr. Ho soon. ceptably diminish our military’s readi- BUSINESS FUNDING OUR MILITARY ness and damage our national security. The PRESIDING OFFICER. Morning Mr. President, on another matter, I hope that Members can work to- business is closed. our Nation faces a myriad of threats gether to provide the necessary funds

∑ 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 00:53 Dec 15, 2017 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A14DE6.000 S14DEPT1 S8018 CONGRESSIONAL RECORD — SENATE December 14, 2017 to our military—and to all parts of our tant to the country but especially im- our healthcare delivery system and government—so that the men and portant to the providers of healthcare provides more stability and more cer- women of our all-volunteer force can for children, the children, and their tainty in these challenging times for continue to keep our country safe. families who receive that coverage and healthcare providers across Kansas. TAX CUTS AND JOBS BILL care; that is, the Medicaid CHIP pro- I am happy the House of Representa- Now, on a final matter, Mr. Presi- gram. It was established in 1997. tives has passed reauthorization. They dent, yesterday, Congress moved closer I call to the attention of my col- did their bill. It is now time for the to delivering much-needed tax relief to leagues the importance of us acting in Senate to act. The Finance Committee American families and small busi- the next several days in regard to the has taken its action, but this bill is nesses as Members of the House and reauthorization extension of the CHIP still pending on the floor of the U.S. the Senate held a public meeting of the program. It has helped provide cov- Senate. During this Christmas season, Tax Cuts and Jobs Act conference com- erage to children of low-income fami- this holiday time, parents should not mittee. The conferees discussed the lies in my State and those individuals have to wonder what they will do in best way to provide tax reform to fami- who would otherwise be left without the absence of this insurance program lies and small businesses across our any insurance and most likely, in that allows their children to receive country. Throughout this process, we every case, the funds necessary to routine care and, in many instances, have focused on the middle class and cover healthcare costs for the well- lifesaving care. on those left behind by the Obama being of those young men and women. Continuing to delay action on this economy—like many of the families in This program is funded through a bill is not in the best interest of the Kentucky who I represent. multiyear authorization that requires American people. It would be nice, it By overhauling our broken and out- Congress to take action each time the would be appreciated by Americans to dated Tax Code, we are working to program reaches the end of that au- see the U.S. Senate work on a program seize this once-in-a-generation oppor- thorization. The end of that authoriza- that has broad bipartisan support but tunity to grow paychecks, create more tion occurred on September 30, now still, for some reason, can’t get it jobs, and help our economy reach its several months ago. While I have been across the finish line. That finish line, full potential. The plan before the con- assured in my State that there are suf- I suppose, was September 30, but I ference committee will also end many ficient funds to get us through the end would say that finish line is now the of the perverse incentives for corpora- of the year, I am concerned. In fact, end of the year, and specifically De- tions to ship American jobs overseas. the belief is, we may have enough funds cember 22, with the CR expiring at that We want to bring those jobs and invest- to pay for our insurance program point in time. It is time for Congress to ments home and keep them here. through March. That certainly is prob- take action in that regard. Once the committee completes its ably not the case across the United My plea on the Senate floor this work to reconcile the differences be- States, and we need to act within a few morning is for the U.S. Senate to take tween each Chamber’s bill, every Mem- short days. I hope this is an issue that legislative action and reauthorize this ber of Congress will have the oppor- is addressed, as the continuing resolu- program, provide certainty, and care tunity to cast a vote to provide mean- tion that funds the Federal Govern- for our country’s children who are, ingful tax relief to middle-class Ameri- ment expires on December 22. As we re- without this program, in significant cans. That should be something we all spond to that circumstance, we ought jeopardy of having an absence of can support. And when Congress does, to respond to the expiration of the healthcare. this bill will go to the President’s desk CHIP program that occurred on Sep- I appreciate the opportunity to ad- to become law. tember 30. dress the U.S. Senate. I would like to thank every Member Waiting to reauthorize that program I yield back. who has contributed to making tax re- has already created an unnecessary I suggest the absence of a quorum. form a reality, following years of hear- burden, but if we waited any longer, it The PRESIDING OFFICER. The ings and proposals and a multitude of would create even more unnecessary clerk will call the roll. amendments as this legislation pro- burdens for families of more than 9 The senior assistant legislative clerk ceeded through regular order. million children who are currently re- proceeded to call the roll. This is a chance to work together to ceiving healthcare through that pro- Mr. SCHUMER. Mr. President, I ask get the economy going again and lift gram. unanimous consent that the order for up the families that the Obama Admin- Temporary funding measures have the quorum call be rescinded. istration’s policies left behind. I hope kept the program solvent since the pro- The PRESIDING OFFICER. Without that we can take this opportunity to gram expired, but now is the time to objection, it is so ordered. move beyond partisanship to deliver act, to provide some certainty and RECOGNITION OF THE MINORITY LEADER real tax reform for the middle class. make sure the funds continue to be The Democratic leader is recognized. Many of the provisions of this bill are available. In Kansas, it would leave FUNDING THE GOVERNMENT based on ideas that our friends across about 79,000 children without coverage Mr. SCHUMER. Mr. President, on the the aisle used to say they supported. I or other good options. year-end negotiations, they are making hope our friends will support them Many of our Nation’s best children’s headway—that is good—but many again. hospitals serve a great deal of patients issues still remain to be resolved. I would like to once again commend through that CHIP program. We are We need to provide funding for com- the conferees for their work, and I look fortunate in our area to have Chil- munity health centers, CHIP, and areas forward to voting on the committee re- dren’s Mercy Hospital in Kansas City, that have been hit by disasters. We port soon. and those hospitals and other providers need to pass a bipartisan deal to pair Mr. President, I suggest the absence rely upon the CHIP program to pay the Dream Act with border security of a quorum. their bills as well. With all the costs and pass a budget deal that fully funds The PRESIDING OFFICER. The associated with healthcare and with both our national security and our eco- clerk will call the roll. the inability of people to pay, the bur- nomic security, in the common par- The senior assistant legislative clerk den then falls upon hospitals and oth- lance known as ‘‘parity.’’ proceeded to call the roll. ers to figure out how they survive. In If we don’t lift the spending caps for Mr. MORAN. Mr. President, I ask Kansas, almost every hospital—127 of defense and also urgent domestic prior- unanimous consent that the order for them in our State—continues to hang ities—jobs, the economy—both will the quorum call be rescinded. on by a thread, and some may not sur- come under the specter of sequestra- The PRESIDING OFFICER. Without vive. This is another opportunity for us tion. Lifting those spending caps in objection, it is so ordered. to strengthen and provide certainty equal measure has been the basis of CHILDREN’S HEALTH INSURANCE PROGRAM that a mechanism will be in place so successful budget agreements going Mr. MORAN. Mr. President, I come that when they provide care to chil- back several years. to the floor to speak about business dren of Medicaid families, they will be There has been parity between de- that is important to Kansas and impor- reimbursed. That benefits all of us in fense and nondefense for the last three

VerDate Sep 11 2014 00:53 Dec 15, 2017 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\A14DE6.001 S14DEPT1 December 14, 2017 CONGRESSIONAL RECORD — SENATE S8019 budget negotiations. That is how it By the way, even on the other side of America. God bless them. I don’t resent ought to stay. That is what brought us the ledger, the things that affect our their wealth, but they don’t need a tax to good agreements. That is what security, like the border and the FBI, break. On the other hand, there are averted shutdowns. Unfortunately, it are funded on the nondefense side, and hundreds of millions of struggling mid- appears that the Freedom Caucus in you have to have security in every way dle-class people, and they could use the House, which doesn’t represent the in this terrorism-ridden world in which that kind of money. Yet millions of mainstream of America or even the we live. people in this bill who are middle class, mainstream of Republicans, is trying REPUBLICAN TAX BILL upper middle class, and who are strug- to derail another successful parity Mr. President, a word on the Repub- gling to be middle class get a tax in- agreement. Unfortunately, Speaker lican tax bill. On both process and sub- crease. Instead of lowering the rate on RYAN, as he is doing far too often, to stance, it appears that the Repub- the highest income people, why not use the detriment of the country and his licans’ conference committee is mak- the money to help those in the middle? party, is just following its lead. ing all the mistakes that the Repub- Despite all of the concerns about Last night, the House posted what is licans made when they passed their bill raising middle-class taxes, which called a CRomnibus—a very short-term in the first place. Even though there is makes the bill as unpopular as I just extension of funding for jobs and eco- still not a final agreement on the text mentioned, the one big thing that Re- nomic development that will lead to of the tax bill, Republican leaders publicans go back and change is the cuts in those areas but a long-term ex- promise a vote on the committee re- rate paid by the wealthiest of Ameri- tension and a large increase of funding port as early as Monday of next week. cans. They lower it. When it comes for defense. This is merely a ruse that I am not sure that my colleagues will down to a choice between the middle is designed to slash funding for edu- have had enough time to have read and class and the wealthy and the middle cation, healthcare, infrastructure, and digested the bill that passed this class and big corporations, the Repub- scientific research—all things the Chamber a few weeks ago, let alone an licans just instinctively, Freedom Caucus doesn’t want the gov- entirely new conference report that atavistically—in a knee-jerk way— ernment to fund—against the will of will include many changes. It is the choose the wealthy and the powerful the overwhelming majority of Ameri- same rushed, awful process as before, over the middle class. That is why they cans. and it can only result in mistakes and At this late hour, it is also an unfor- are struggling. unintended consequences that could I believe that is why President tunate waste of precious time. Earlier wreak havoc on the economy. Why are Trump’s numbers are as low as they this week, 44 Senate Democrats sent a our Republican colleagues rushing this have ever been. People are getting a letter to our Republican colleagues bill through? I think that they are feel—a smell—in that President Trump that explicitly warned them that ashamed of it. talks about the middle class, but when Democrats could not support such an Every day, the more people know approach. Because 60 votes are needed he acts, like in this tax bill, it is to about the bill, the more they don’t like to advance a spending bill here in the help the wealthiest and the most pow- it. Just in the polling data today, it Senate, House Republicans should have erful. That happens with issue after shows that the popularity of the bill known not to waste everyone’s time issue. continues to plummet, and a poll out I see that my colleague DICK with a partisan spending bill that could today said it is not just that the people BLUMENTHAL, the Senator from Con- never pass in the Senate. The CRomnibus is nothing but a do not like the bill but that those who necticut, has come to the floor. He is spectacle—a charade, a sop—to some vote for it will be affected at election going to talk about net neutrality, I militant, hard-right people who don’t time. The poll today asked people if believe. Again, help the big cable com- want the government to spend money they were more or less likely to vote panies and the corporations, and make on almost anything. It is a perilous for a Congressman who would vote for it harder for the middle class when it waste of time as the clock ticks closer this bill or to vote for a Senator who comes to cable service and the cost of and closer to the end of the year. would vote for this bill. Many in the cable. It is time for our Republican col- public said that they were less likely Republicans claim that lowering the leagues—especially in the House, where to vote for a Congressman who would top rate is an attempt to address tax the Freedom Caucus is like the tail vote for this awful bill. The public hikes that would result from their plan wagging the dog—to get serious about knows that it is awful. Why? They to gut the State and local deduction, working with Democrats toward a real know that Republicans are doubling but reducing the top rate only helps parity agreement. Every hour that the down in this new proposal on the core the very wealthy—couples who make House spends on the CRomnibus is an mistake of their bill by tilting it even over $1 million in the last draft that we hour that could be spent on our work- further in favor of the wealthy. heard about—but they are already the ing on a deal to avert a shutdown and I saw on TV this morning a guy from prime beneficiaries of this tax plan. solve the many pressing issues that the Club for Growth and a guy from— I have a feeling that President Congress must grapple with before the I forgot the name—another group. Trump was hearing from his handful of end of the year. These are narrow, narrow groups that wealthy friends who pay a lot in State If Speaker RYAN decides to press for- have very little support and that are and local taxes, many from my home ward with a CRomnibus, it will quickly funded by the hard-right group of bil- State of New York. He decided, well, I fail in the Senate, and we can get back lionaires who want to see their taxes will lower their taxes even more. But to negotiating a real bipartisan agree- cut. They don’t even talk about what is 99 percent of State and local deduc- ment that will provide certainty and in the bill. They try to talk about its tions are taken by Americans with in- full funding to both our national de- being a job creator, but they dare don’t comes under $1 million. More than half fense and the middle class. Speaker say, like so many of my Republican of the taxpayers who take the SALT RYAN has gone along with this ap- colleagues, how disproportionately it deduction make less than $100,000. Re- proach three times in a row—or the goes to those in the upper incomes and ducing the top rate does nothing to House Republicans have. I think RYAN not to the middle class. help the 99 percent of taxpayers who was the Speaker for two of those three Amazingly enough, behind closed take SALT. It only helps the top 1 per- and was the chairman of the Ways and doors, they have made a bad bill even cent, who make over $1 million. But Means Committee for the third. Right worse. One of the most significant this is what, it seems, the President now, Speaker RYAN is pursuing a dead- changes that have been made by the and our Republican colleagues in the end strategy. Instead, we urge him to conference committee will be to lower House and the Senate keep doing. continue working with Democrats on a the top tax rate 2 percentage points As I have said from the start, elimi- bipartisan, long-term agreement that more than in the original bill. Let’s nating or cutting the State and local will keep the government open and help those millionaires get an even deduction would hurt the middle class fund our major priorities—defense, lower tax rate than they have now, for across the country. It would raise taxes with jobs and the economy on the they are doing so poorly. This is crazy. on millions, lower home values for mil- other side. There are a lot of wealthy people in lions more, and gut our State and local

VerDate Sep 11 2014 00:53 Dec 15, 2017 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.004 S14DEPT1 S8020 CONGRESSIONAL RECORD — SENATE December 14, 2017 programs—education, law enforcement, to-bumper traffic online. It is hard to In the Judiciary Committee, just mo- infrastructure. None of those programs imagine that average consumers are ments ago, Senator FEINSTEIN cir- were addressed in the conference. In- going to get a good deal if internet culated a framed copy of the front page stead, the richest Americans will like- service providers are unshackled and of the Daily News of Wednesday, De- ly get an even bigger tax break. offer premium service to premium cus- cember 15, 2012—5 years ago, almost to There is no reason to rush the bill tomers. the day. That front page has photo- through the Senate. Again, President Trump talks one graphs of the 20 beautiful children who Tuesday night, as our Presiding Offi- way and acts another. He talks like he were lost in that unspeakable act of cer knows, we had an election in Ala- is helping the middle class. He is fully terror and horror. They are 20 wonder- bama. This Chamber is waiting for the supportive of the FCC and his hand- ful human beings who would be 11 seating of a new Senator. Shouldn’t the picked Chairman while he hurts the years old today. Their great teachers people of Alabama have their voices in middle class and helps the big interests were killed as well. the Senate present for a vote on the when it comes to the internet. Having valued and known their par- tax bill? By ending net neutrality, Chairman Again I would say to my friend the Pai and the Trump administration are ents as friends and fellow advocates in majority leader, slow down and wait once again siding with corporate inter- the effort to achieve commonsense leg- for Senator-Elect Jones to arrive be- ests against consumers and small busi- islation against gun violence, I know fore taking any more votes on the tax ness. Once again, the Trump adminis- how deeply that pain is still felt. The bill. Democrats waited for Republican tration is picking CEOs over citizens— healing is far from over. The grief Senator Scott Brown in 2010, but now just as in the tax bill and now on net never ends. The prayers and thoughts that the shoe is on the other foot, Re- neutrality—and thwarting the com- of mine go every day to the loved ones publicans don’t seem to want to do the ments of millions of Americans who who lost those children and educators. same. It is the right thing to do, and it have sent comments to the FCC asking Prayers and thoughts are not enough. will give every Senator and the Amer- them to save net neutrality and to It never has been after any of these ican people more time to consider the keep the internet free and open to ev- massacres, and it never will be after legislation. eryone. the mass killings or for the one-by-one NET NEUTRALITY The American people have spoken. I deaths in our communities—90 every Finally, Mr. President, a word on the hope Chairman Pai and President day in this great country. Gun violence FCC’s vote today on net neutrality. We Trump are listening. kills 90 people every day, and 150,000 depend on a free and open internet to Before I yield the floor, I want to have perished since Sandy Hook. thank my friend, the senior Senator spur innovation and job creation. Our So as we commemorate this awful economy works best when innovators from Connecticut, for his valiant and strong struggle to keep the internet day, 5 years ago, let us rededicate our- and entrepreneurs and businesses of all selves to act to honor those victims sizes compete on a level playing field. free, open, and available to the little guy and gal equally as it is to the big with action, to honor all those with ac- Net neutrality, very simply, says that tion. It is never too soon to honor the everyone deserves the same, fair access shots. I yield the floor. victims with action. to the internet. Consumers, small busi- The PRESIDING OFFICER. The Sen- nesses, students, everyone from the el- On that front page of the Daily News, ator from Connecticut. there is a line that says ‘‘New York’s derly couple using Skype to talk to Mr. BLUMENTHAL. Mr. President, I their grandchildren who are half a Hometown Newspaper.’’ New York wish to thank the senior Senator from wasn’t the hometown to those Sandy country away, to the startup company New York, our minority leader, for his operating out of its founder’s base- Hook victims, but America felt that very powerful and eloquent remarks on Sandy Hook was every town in Amer- ment—everyone deserves the same ac- net neutrality. He has been a leader in cess to and quality of internet as the ica, and it is indeed quintessentially an protecting consumers in so many American town, filled with wonderful big corporations. areas, and this one is preeminently im- When I was growing up in Brooklyn, people who hugged and grieved to- portant. gether that day. my father owned a small exterminating We are here on a day when the FCC business. If his competitor down the may well repeal the net neutrality That night, in the St. Rose of Lima street had received a preferred elec- order. I spoke at length about it yes- Church, and in the days following, tricity rate, he would have rightly been terday, and I am struck by the mock- when there were calling hours and fu- outraged, and the law would have pro- ery that the FCC will make of con- nerals, one after the other, it seemed tected him from unfair treatment. We sumer protection if it proceeds with like they would never end. In some don’t reserve certain highways for a this very misguided and mistaken ways they have never ended, because single trucking company, and we don’t course. It is a course that will be re- those families’ losses are still real and limit phone service to handpicked versed, I believe, in the courts if it is urgent. For us the task of honoring stores. We shouldn’t reserve high-speed followed, and it should be reversed in those 20 beautiful children and the 6 internet for a favored few corporations this body as well. It is profoundly im- educators ought to be real and urgent, either. Yet now President Trump’s ap- portant to the future of the internet to even more so today than it was then. pointed Chairman of the FCC, Ajit Pai, have access and affordability to inno- That day we prayed in the St. Rose of is on the verge of eliminating net neu- vation, to our economy, and to job cre- Lima Church. I said to the congrega- trality, which will bring to an end the ation. The open and accessible internet tion that the whole world is watching. free and open internet that has enabled is part of our lifeblood economically The whole world was watching. The so many successful companies and has and culturally in this country. Part of world is watching America to see created so many jobs. what makes America great is the free- whether we will act. Our internet is the envy of the world. dom of access and innovation. We are not the only country with Why are we changing it in a way that FIFTH ANNIVERSARY OF THE SANDY HOOK MASS could harm it? If net neutrality is SHOOTING mental health problems. Our rate of eliminated, the internet may resemble Mr. President, I want to talk today mental illness is no greater than any a toll road, with the highest bidders on the occasion of the fifth anniversary other developed industrial country, but cruising along private fast lanes while of the Sandy Hook massacre in my our rate of gun violence is off the the rest of us inch along on a single, State of Connecticut. It was one of the charts compared to other countries. traffic-choked public lane. We could be saddest days of my life and one of the There is no excuse for it. There is no forced to purchase internet packages, worst days of my public career when I rational explanation for it. much like cable packages, and pay for went to the elementary school in New- As we prayed and grieved then, in the more popular sites. It is hard to imag- town, CT, along with a number of my wake of that senseless, horrific trag- ine an entrepreneur building the colleagues who will be speaking today edy, Congress turned its back. It world’s next revolutionary, billion-dol- as well, Congresswoman ESTY and Sen- turned its back on those courageous lar company while she sits in bumper- ator MURPHY. and strong families who came here in

VerDate Sep 11 2014 04:16 Dec 15, 2017 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.005 S14DEPT1 December 14, 2017 CONGRESSIONAL RECORD — SENATE S8021 the weeks following, talking to our col- the background check has not been gun ownership. They ensure that peo- leagues, across the aisle and on this completed in 72 hours might not have ple who are a danger to themselves or side, asking for commonsense meas- prevented Las Vegas, but it would have others and convicted criminals and ures, background checks. There was a prevented Charleston. Dylann Roof others already barred from buying bipartisan measure then to extend purchased the gun only because he was weapons will not be permitted to carry background checks and achieve other able to circumvent the background a lethal firearm. gun violence prevention measures, check as a result of that 72-hour loop- I respect the Second Amendment. It which unfortunately failed on this hole. is the law of the land. No firearm floor to gain enough votes. We had 55, The ban on certain kinds of high ca- should be taken away from law-abiding but we needed 60. From the Gallery on pacity magazines might not have pre- citizens. But the idea that there is that day, someone shouted: ‘‘Shame.’’ vented San Bernardino or Orlando, but nothing Congress can do to make a dif- December 14, 2012, will be forever a it would have helped to prevent Sandy ference and save American lives is un- stain on our Nation’s history. That day Hook. acceptable and false. It is a political will forever be a black mark on the We will never know whether any of copout resoundingly rejected by the United States of America, but so will these measures would prevent every vast majority of Americans. the day that those commonsense meas- one of the killings that we cite, but Ninety-five percent of Americans ures were rejected in this Chamber. each of them can save lives, and if we want background checks applied to all That shame was richly deserved on save one life, we will have saved the purchases. They overwhelmingly favor that day. world. fixes to the present background check Congress saw the photos of those in- Shame on Congress for allowing this system that make the oversight of pur- nocent babies, those wonderful chil- tragic anniversary to be followed by so chases more accurate, and they favor dren. It saw their grieving parents. It many more—Sutherland Springs, Las commonsense measures that will pro- saw the lines of terrified and trauma- Vegas, Orlando, Charleston, and each tect innocent human beings like the 20 tized children that day being led to and every day in the news. Every day, beautiful children and sixth grade edu- safety out of their elementary school. none of our communities is immune cators lost that day in Sandy Hook. It saw the war zone that the school be- from this scourge. It is truly a public When I feel most discouraged and dis- came when that mass killing turned it health crisis. gusted, I think of those families. I into something that no teacher, no ed- I am hopeful that there may well be think of the parents of Olivia Engel, ucator ever could have foreseen. Those a crack in the united partisan front and I think of the parents of all of educators helped save lives. emerging. I am proud to be part of a those beautiful children and wonder, as Congress saw and heard the stories of very powerful bipartisan alliance in- I am sure they often do, what lives how brave educators sought to shield volving our colleagues, Senators Scott they would be leading today. What their children from the bullets coming and Cornyn, across the aisle, as well as would Olivia Engel be doing on this day from that assault weapon on that day. Senator MURPHY and other Senators on filled with Sun and beauty? In Con- Unfortunately, the vice-like grip of the this side of the aisle. I hope we can necticut, this morning, it snowed. At 6 gun lobby and, principally, the NRA— make modest and crucial improve- or 11, snow would still be a wonderful let’s be blunt about who is leading that ments to the National Instant Criminal thing, never to be taken for granted by lobby—prevailed. In the 1,825 days Background Check system. any child. This holiday—all of the won- since the Sandy Hook tragedy, despite The NICS system should be fixed. der and beauty of this holiday—is the 150,000 people who have perished The Fix NICS Act will provide incen- never taken for granted by a 6-year-old from gun violence since then, Congress tives and encourage States to do better or an 11-year old. The possibilities, op- has chosen inaction. It has disregarded reporting. Right now there are im- portunities, dreams, and hopes were public safety and the clear will of the mense gaps in reporting in the States shattered on that day and lost forever. American people. It has heeded instead and even in the Federal Government, I was at the calling hours for one of the campaign contributions of the gun which is why, in fact, perhaps, Suther- the children killed at Sandy Hook, and lobby, and it has failed to act. It has land Springs occurred, because of a it was a gut-wrenching moment—every been complicit in the continuing failure to report by the Air Force a do- one of them. I spoke to the mother of scourge of gun violence by its inaction. mestic violence conviction by court- one of those children, and I said: When It has been complicit in those deaths. martial that would have barred the you are ready, we should do something It has been an aider and abettor, in shooter from lawfully obtaining a about gun violence. fact, to the 90 killings each day as a re- weapon, had it been reported accu- She said, without hesitation, through sult of gun violence. Shame on Con- rately. reddened eyes and cracking voice: I am gress if it fails to act now. The Fix NICS bill would ensure that ready now. I am ready now. Today I am not just heartbroken; I Federal and State authorities comply America should be ready. America is am furious. I am angry beyond words with existing law and accurately report ready. This body should follow Amer- about Congress’s complicity, about the relevant criminal history records to ica’s lead—honor with action. If noth- inaction we have seen, about the background check system. This ing else is remembered of that day 5 Congress’s abject failure to take com- step is the least we can do, not the years ago, let us honor with action monsense steps that will protect the most, but it is the bare minimum. those strong and courageous families American people, about its failure to While there is broad support for this who have suffered this unspeakable meet this public health crisis with the modest but significant measure, the horror, this unimaginable grief, and kind of action that the American peo- Republican leadership in the House is who have come here in years past to ple deserve and need. If 90 people every already attempting to sabotage it by ask us to honor with action the vic- day were perishing from Ebola or some linking it and pairing it with the truly tims, survivors, and loved ones of contagious disease—even the flu—there dangerous Concealed Carry Reciprocity Sandy Hook and of all gun violence would be an outcry, an outrage, and we Act. That act would sabotage the laws horrors in this country. would be clamoring to do something. of States like Connecticut that seek to Thank you. Here, the solutions are self-evident. protect our citizens. It would, in effect, I yield the floor. None of them is a panacea. None is a provide that permits from other States The PRESIDING OFFICER. The Sen- single, magic solution to this problem. be treated like driver’s licenses, no ator from Vermont. The trap raised by the gun lobby that matter how lenient or even nonexistent Mr. LEAHY. Mr. President, I thank none will necessarily deal with the the provisions may be for obtaining the senior Senator from Connecticut mass killing that just happened is, in- permits in those other States. It would for his words. The Senator from Con- deed, a trap we should reject. eviscerate rights of States like Con- necticut is a former prosecutor who The ban on bump stocks might have necticut to protect our citizens with knows law enforcement backward and prevented Las Vegas but not Charles- higher standards. forward. I can only imagine the grief ton. The closing of the 72-hour loophole These basic measures to prevent gun felt in his State. As a neighboring New that permits purchasers to buy a gun if violence have no threat whatsoever to England State, I recall the vigils, the

VerDate Sep 11 2014 00:53 Dec 15, 2017 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.008 S14DEPT1 S8022 CONGRESSIONAL RECORD — SENATE December 14, 2017 people coming to pray, and the sadness treme. He has even offered effusive nating somebody who could hit the from what happened in our neighboring praise for Jeff Mateer, another Trump threshold of being considered qualified. State of Connecticut. But as so many nominee who has publicly proclaimed Republicans are now casting aside have said, we can express grief—and we that transgender children are part of the ABA as a biased institution; some should—but we have to do what the ‘‘Satan’s plan.’’ Even as a judge, he has have accused the ABA of opposing Mr. Senator from Connecticut and others complained about the Supreme Court. Grasz simply because of his opposition have suggested, which is actually take Remember, these judges are supposed to abortion. Well, that is absurd. The some steps that might stop these to follow the precedent of the Supreme ABA has rated 46 of President Trump’s things. So I applaud him for what he Court. He has complained about the 50 nominees as ‘‘qualified.’’ Let’s not said. Supreme Court’s Obergefell decision. delude ourselves, does anyone think Let me speak on another issue. This He said that it is going to lead to ‘‘peo- that any of the 46 Trump nominees week, we voted on three circuit court ple marrying their pets.’’ I don’t think that the ABA rated as qualified sup- nominees, just one step below the Su- any legal scholar anywhere from the port abortion rights? They would never preme Court. All three of these nomi- right to the left would agree with that get out of the White House if they did. nees are extreme. One is objectively interpretation. Mr. Ho praised Mateer So that argument—like so many others unqualified. The fact that we are so for ‘‘protecting and enforcing the . . . used to support these extreme nomi- quickly casting floor votes on these civil liberties of every Texan.’’ Well, it nees—does not pass the laugh test. troubling nominations, all of whom is not every Texan—just those he As the longest serving member of the were reported out of the Judiciary agrees with. United States Senate and a former Of course, this race to confirm Mr. Committee just last week, is a symp- chairman of the Judiciary Committee, Ho that is zipping through here means tom of the Republicans’ willingness to I have spoken up about the steady ero- that we will not have fully vetted him abandon decades of Senate tradition so sion of the Committee’s norms and tra- for this lifetime appointment. When he that this body can serve as a ditions. The Committee has processed served in the Justice Department’s Of- rubberstamp for President Trump’s un-vetted, extreme nominees at an un- fice of Legal Counsel, he authored a nominees. The Senate will not be the precedented rate. President Trump will memorandum that was cited in one of conscience of the Nation or the check have four times as many circuit court the shameful ‘‘torture memos.’’ These and balance it was always designed to nominees confirmed in his first year torture memos have turned out to be a be, but instead, a rubberstamp for the than did President Obama. The reason blot on the conscience of the United President. President Trump has four times as States. Mr. Ho has refused to answer Let me just cover a couple of things. many circuit court nominees con- questions about his involvement, de- Don Willett is a sitting justice on the firmed in his first year than did Presi- spite the fact that the torture memos Texas Supreme Court. That should dent Obama is because Republicans re- are now very much in the public do- mean something. Sitting judges have moved any and all guardrails on our main. Unfortunately, these kinds of an obligation to exercise good judg- confirmation process—the guardrails non-answers are considered sufficient ment; to not say anything that would they insisted on when there was a as of late, since Republicans are more lead individuals to question their im- Democratic President. No matter how interested in rubberstamping President partiality. A question I ask nominees careful the Democratic President was Trump’s judicial nominees than asking all the time is: Can someone who in picking that person, they had to serious questions of them as a coequal comes into your court—whether they have these guardrails. I thought, actu- branch of government. I cannot believe are Republican or Democrat, plaintiff, ally, the guardrails made sense. defendant, rich, poor, whatever—look that any Republican leadership would The second you have a President who at you and say: Well, at least this allow a nominee of a Democrat who nominates extreme judges, they de- judge is going to show impartiality. would have been involved in the draft- cided we don’t need those guardrails Maybe I will win or maybe I will lose, ing of a key and controversial memo- anymore because President Trump but it will not be because the judge randum to be confirmed unless they would never make a mistake. Nomi- wasn’t impartial. When you look at are willing to answer questions about nees have had hearings scheduled be- this sitting justice, Don Willett, he it. fore we even had the ABA ratings. Mul- fails the standard of impartiality. Then we have Steven Grasz, whom A few weeks ago, I questioned him the American Bar Association unani- tiple circuit court nominees are regu- about his tweet telling a young mously rated him as unqualified for larly stacked on single panels. That is transgender woman, who was inter- the Federal bench. In the past 40 years, something Republicans insisted should ested in playing softball to ‘‘Go away, I recall seeing a unanimously unquali- not be done when there was a Demo- A-Rod.’’ Justice Willett claimed that fied rating only a few times, and those cratic President. Now, unfortunately, this tweet was in jest. But, let me say people never made it through. After an the chairman—who is a friend of mine it again—a sitting justice telling a exhaustive review including more than and a man I respect—has reversed his transgender teen to ‘‘go away’’ sends 200 interviews about Mr. Grasz, the own blue-slip policy. He has begun to an unmistakable message to ABA concluded he could not separate advance nominees without favorable marginalized, vulnerable communities: his personal beliefs from his duties as a blue strips from both home State Sen- Not all are welcome in my courtroom. judge—a fundamental obligation of a ators. That is the first time this has Well, that is not a laughing matter. judge. This is almost unprecedented to been done in the last two Presidents. This was not the first time that Jus- have a rating like this. I fear we are doing lasting damage to tice Willett has worn his bias on his To have at least a qualified rating our nomination process. I fear we are sleeve. As an aide to George W. Bush from the ABA is a basic qualification making the advice and consent process while he was Governor of Texas, he ob- for a nominee to the Federal bench. a completely laughable exercise. The jected to then-Governor Bush declaring Certainly, Republicans would insist on three nominees who are set forth this a ‘‘Business Women’s Week.’’ He op- it if it was a Democrat’s nominee. The week are evidence of that. posed the proclamation’s mention of Republicans made it very clear that if I am going to vote no on each of ‘‘glass ceilings, pay equity . . . [and] a Democrat nominated somebody who them because they are not qualified. I sexual discrimination/harassment.’’ He got a ‘‘not qualified’’ rating—I don’t have voted for many Republican nomi- dismissed these very real barriers to recall it happening, but if they did— nees. I might disagree with them philo- women in the workforce as ‘‘hype.’’ For they made it very clear that person sophically, but they were qualified, these and other reasons, I seriously would never be considered. Well, here just as I voted for many Democratic question his judgment or that he would is somebody who is declared ‘‘not nominees. Some I disagreed with, but be seen by people coming into his qualified,’’ and yet they whipped him they were qualified. These nominees courtroom as impartial. through. You would think ‘‘qualified’’ aren’t qualified. They are extreme. I Then we have James Ho, who is an- would at least be the bottom line for a want the standard I always asked for; other troubling nominee. His views on nomination. You would think whoever that whoever you are, when you come social issues are, not surprisingly, ex- is President, they are at least nomi- into a courtroom, you can look at the

VerDate Sep 11 2014 04:09 Dec 15, 2017 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.010 S14DEPT1 December 14, 2017 CONGRESSIONAL RECORD — SENATE S8023 judge and say: OK, whether I am a Mr. Willett’s radical views don’t stop cause government makes it too hard plaintiff or defendant, rich or poor, fac- there. He has ruled to limit the rights for those big donors to succeed in the ing the State as the respondent, no of same-sex couples. He has mocked private sector. matter my political background, I am transgender individuals. He has dem- Tell that to the working families, the going to be treated fairly. I will win or onstrated hostility to issues that affect students, the teachers, and the small lose my case on the merits, not on the working women, including pay equity, businesses that will be paying higher judge’s bias. discrimination, and sexual harassment. taxes to give those fat cat donors giant We are closing our door to that. We Mr. Willett has ruled against efforts to tax cuts. are closing our door to it when the help remedy discrimination in Texas Mr. Ho has also defended discrimina- President of the United States turns schools. On issue after issue, Mr. tion against LGBTQ individuals. While the selection process over to an ex- Willett’s record shows a stunning dis- he was solicitor general of Texas, Mr. treme political, partisan group and regard of the issues that impact mil- Ho defended Texas’s ban on same-sex then asks Republicans to rubberstamp lions of Americans. marriage. More recently, he has heaped it. I respect my Republican colleagues, The truth is, Mr. Grasz and Mr. praise on a Federal district court nomi- but I can’t imagine many of them ever Willett are not unique. They are just a nee who, among other disgusting state- standing for a Democratic President few of the many nominees whose ments, said that transgender children doing anything like this. I wouldn’t. records show they cannot fairly and are part of ‘‘Satan’s plan.’’ I wish they would bring the Senate impartially dispense equal justice Here is another troubling aspect of back to where we should be, where we under the law. Mr. Ho’s record: his view on whether can be, and where the country is better Right now, the GOP-controlled Sen- torture is illegal. While Mr. Ho worked off when we are. ate is executing a breathtaking plan to in the Justice Department, he authored I yield the floor. fill our courts with rightwing, radical a memo relating to the treatment of I suggest the absence of a quorum. nominees like Mr. Grasz and Mr. prisoners of war. That memo is cited in The PRESIDING OFFICER (Mr. SUL- Willett. It is a plan that has been long one of the torture memos that became LIVAN). The clerk will call the roll. in the making. For years, Republicans the basis for the Bush administration’s The legislative clerk proceeded to have worked hand in hand with billion- illegal and immoral practice of tor- call the roll. aire-funded, rightwing groups to ensure turing terrorism suspects. That memo Ms. WARREN. Mr. President, I ask that our courts advance the interests was not provided to the Judiciary Com- unanimous consent that the order for of the wealthy and the powerful over mittee, and Mr. Ho has refused to fully the quorum call be rescinded. everyone else. answer questions regarding his involve- The PRESIDING OFFICER. Without First, after President Obama was ment in what ultimately became the objection, it is so ordered. elected, Republicans abused the fili- Bush administration’s policy on tor- Ms. WARREN. Mr. President, 2 days buster to stop reasonable mainstream ture—information that every Senator ago, the GOP-controlled Senate con- judges from filling vacancies on Fed- should demand to see before we vote on firmed Leonard Steven Grasz to a Fed- eral courts. They didn’t stop those his nomination. Grasz, Willett, and Ho—just about all eral appeals court. This is a man who is nominees because of their qualifica- of Trump’s judicial nominees—have a so aggressively ideological that he tions. They didn’t stop them because of lot in common. They will put powerful earned a rating of ‘‘not qualified’’ from their records. The Republicans stopped interests before the rights of workers, the American Bar Association. those nominees because they didn’t The ABA reached that conclusion, in before the rights of women, before the want judges who cared more about jus- rights of LGBTQ individuals, people of part, after speaking with many of Mr. tice than about protecting the power- Grasz’s peers who expressed concerns color, religious minorities, and pretty ful. much everyone else. Their radical, ‘‘that Mr. Grasz’ strongly held social Then, once the filibuster was gone rightwing views mean that in their views and/or his deeply rooted political and Republicans had gained the major- courts, it will be easier for giant cor- allegiances would make it impossible ity in the Senate, they slowed the judi- porations and wealthy individuals to for him to have an unbiased and open cial nominations process to a crawl. get relief and harder for everyone else mind on critical issues.’’ Vacancies stacked up, and the courts to find justice. That is the perverted, Those individuals have ample reason became overloaded with cases. upside-down justice system that every to be concerned. Among his many ap- Finally, last year, Republicans took Member of this Congress should be palling views, Mr. Grasz believes dis- their assault on our judicial system to working to fix. crimination against LGBTQ individ- new heights, refusing to consider any Now more than ever, we need judges uals is A-OK. He supports the harmful nominee put forward by the President who will stand up for equal justice for and discredited practice of conversion to fill a Supreme Court vacancy. They all, not just for the rich and the power- therapy and he opposes reproductive threw the Constitution and Senate ful. The records of the nominees before rights and the Republicans just con- precedent right out the window to ad- us this week show that they cannot firmed him to a lifetime appointment vance their radical agenda. It was meet that standard. That is why I as a Federal judge who will make life- shocking, and it was shameful. voted no on the nominations of Mr. changing decisions for millions of Now that there is a Republican Presi- Grasz and Mr. Willett, and that is why Americans. dent who is committed to tilting our I will be voting no on Mr. Ho. I urge The other judicial nominee the GOP- courts further in favor of the rich and my colleagues to do the same. controlled Senate confirmed this week, the powerful, Republicans are looking Mr. President, I yield. Donny Willett, doesn’t fall very far to fill our courts with judges who share Mrs. FEINSTEIN. Mr. President, I from that tree either. Mr. Willett, a that commitment, no matter how un- come to the floor today to discuss the current justice on the Texas Supreme qualified they may be. three judicial nominations we are con- Court, isn’t shy about his radical right- This week, the Senate will vote on sidering this week: Steven Grasz, for wing views. He has bragged about being one more of those judicial nominees, the Eighth Circuit Court of Appeals, the most conservative justice on the James Ho, a man who, like Mr. Grasz and James Ho and Don Willett, both Texas Supreme Court, and he has a and Mr. Willett, will work to hand our for the Fifth Circuit Court of Appeals. record to show for it. courts over to powerful, pro-corporate Before I talk about those nominees, I Mr. Willett believes judges should be interests. When it comes to money and would like to offer some background on able to easily overturn State and local politics, Mr. Ho’s view is the more the the importance of circuit courts and laws that protect workers, including better. He has argued that there should remind my colleagues why we have so minimum wage laws and laws that be no limits on campaign contribu- many judicial vacancies. allow workers to unionize. This view is tions, none—democracy for sale. Ac- The Supreme Court hears between 100 so out of the mainstream that other cording to Mr. Ho, the reason govern- and 150 cases each year out of the more conservative judges, including Chief ment is so corrupt isn’t because there than 7,000 it is asked to review. But in Justice John Roberts and Judge Robert is too much secret money slithering 2015 alone, more than 55,000 cases were Bork, have rejected him. through our political system but be- filed in Federal appeals courts.

VerDate Sep 11 2014 00:53 Dec 15, 2017 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.011 S14DEPT1 S8024 CONGRESSIONAL RECORD — SENATE December 14, 2017 These cases range from crime and ings for two circuit court nominees at These are stunning indictments of a terrorism to bankruptcy and civil mat- the same time. This happened only man who was confirmed to a lifetime ters, and the judges who hear these three times in all 8 years of the Obama seat on a circuit court. cases will affect millions of Americans. administration. Some of my Republican colleagues So it is extremely important who is This is a problem because it gives argue that the ABA is biased. The confirmed to these lifetime positions. Senators less time to review each numbers just don’t bear that out. Federal judges have a tremendous im- nominee’s record and less time to ask Over the last 30 years, during both pact on individuals, businesses, and the each nominee questions. Candidly, it Republican and Democratic Adminis- law. In a way, circuit courts serve as makes it very difficult for us to exer- trations, the ABA has rated nearly the de facto Supreme Court to the vast cise our constitutional duty to ‘‘advise 1,800 nominees and rated only two ‘‘not majority of individuals who bring and consent.’’ qualified’’ based on their temperament. cases. They are the last word. We are already seeing the ramifica- I voted against Mr. Grasz’s nomina- These nominations are very impor- tions. Just yesterday, the White House tion and am very concerned that he tant. That is why it is so concerning announced that two of its nominees was confirmed on Tuesday. He did not that Republicans for years refused to would not be moving forward. One have the support of a single Demo- allow judgeships to be filled. nominee, Brett Talley, had already cratic Senator. The simple fact is the rush to fill ju- been voted out of the Judiciary Com- Next I would like to talk about dicial vacancies is the direct result of mittee, but we learned of troubling un- James Ho, nominated to the Fifth Cir- Senate Republicans’ historic obstruc- disclosed information while he was cuit. During his time at the Office of Legal tion of judicial nominees during Presi- pending on the floor. This may not Counsel, Mr. Ho wrote a legal analysis dent Obama’s administration. have happened if we had sufficient time of the scope of the term ‘‘cruel, inhu- During President Obama’s last 2 and cooperation to fully review these man, and degrading treatment,’’ which years in office, just 22 judicial nomi- nominees. nees were confirmed. That is the fewest In the month of November, the Judi- is prohibited under Common Article 3 in a Congress since Harry Truman was ciary Committee had hearings for five of the Geneva Conventions. Unfortunately, this memo remains President. In contrast, during the last circuit court nominees. I have served classified, and we haven’t seen it. 2 years of the George W. Bush adminis- on this committee since 1993, and we The reason we know this memo ex- tration, Senate Democrats confirmed have never held hearings for five cir- ists is because Jay Bybee cited it in 68 judicial nominees. cuit court nominees in a single month one of the so-called torture memos, At the end of last year, three circuit before. That is during a month when which were used to justify torture and court nominees and 20 district court we spent a week at home for Thanks- have since been widely discredited. nominees had been approved by the Ju- giving. The Bybee memo also appears to diciary Committee and were waiting Republicans refused to advance seven have relied on Mr. Ho’s analysis to for votes on the Senate floor. Repub- circuit court nominees last year, but argue that because the term ‘‘cruel, in- licans refused to schedule votes for now we are speeding through the proc- human, and degrading treatment’’ ‘‘ap- those nominees, many of whom Repub- ess to fill those seats with conservative pears to . . . have a rather limitless licans themselves voted for, so they judges. Fairness aside, we should all be reach,’’ conduct that qualifies as tor- could hold those seats open. Four more concerned that we are giving lifetime ture should be defined more narrowly circuit court nominees and 52 district appointments to potentially unquali- than what is prohibited under inter- court nominees were pending in com- fied nominees. national law. mittee and never even received a hear- Now, I would like to talk about the It is this kind of flawed legal rea- ing. three nominees we’re considering this soning that allowed the U.S. Govern- Now, 1 year later, the Senate is vot- week. This week, Steven Grasz was ment to torture people, and I have ar- ing this week to confirm the 10th, 11th, confirmed to the Eighth Circuit. gued that no vote should have taken and 12th circuit court nominees this The American Bar Association has place on Mr. Ho’s nomination until we year. Republicans went from delaying rated 1,755 judicial nominees since 1989, had access to that memo. all nominees to cramming them and only two of those have been unani- The Justice Department has provided through at a breakneck pace. mously rated ‘‘not qualified’’ based on us access to similar memos written by The 11 circuit court nominees who concerns over their impartiality. nominees for judgeships, so there is no have already been confirmed are more One was a nominee for the Fifth Cir- reason to deny us access to the memo than any President in the first year of cuit in 2006 who was never confirmed. James Ho authored. office since Richard Nixon. The other is Steven Grasz. I can’t possibly vote in favor of a Two nominees we are considering Let me repeat that. This week, for nominee to a lifetime appointment who this week, James Ho and Don Willett, the first time since at least 1989, the may have helped provide the legal lay out the Republican playbook. Senate voted to confirm a nominee who basis for torture, and it is a shame we These seats on the Fifth Circuit have was unanimously rated as ‘‘not quali- are voting on this nominee this week. been vacant since 2012 and 2013, even fied’’ by the American Bar Association. Finally, I would like to speak about though the Obama White House tried The ABA doesn’t rate nominees based Don Willett’s nomination to the Fifth to work with my colleagues from Texas on what the evaluators think. Rather, Circuit. to fill these seats with consensus nomi- they review a nominee’s written At his hearing, my first question was nees. record, talk to the nominee, and inter- about his 1998 comments on a draft But once President Trump entered view many people who have direct per- proclamation for then-Governor George the White House, they wasted no time sonal and professional knowledge about W. Bush to honor the Texas Federation in rushing to put conservative judges the nominee. of Business and Professional Women in in those seats. Here are just two direct quotes from 1998. Don Willett was nominated on Octo- the ABA’s review: Let me quote from them: ‘‘I resist ber 3, James Ho on October 16. ‘‘Mr. Grasz’s professional peers ex- the proclamation’s talk of ‘glass ceil- Just a month later, on November 15, pressed concerns about his views of ings,’ pay equity (an allegation that the Judiciary Committee held a hear- stare decisis, and questioned his com- some studies debunk), the need to place ing for both circuit court nominees on mitment to it.’’ kids in the care of rented strangers, the same day, and cloture was filed im- ‘‘[A] number of Mr. Grasz’s profes- sexual discrimination/ harassment, and mediately on both nominations after sional colleagues expressed the view the need generally for better ‘‘working the committee advanced them. that, in terms of judicial temperament conditions’’ for women (read: more gov- The speed at which these judges are . . . Mr. Grasz is not ‘free from bias.’ ernment).’’ being rammed through the process is Specifically, they expressed the view I asked Justice Willett if these were stunning. that he would be unable to separate his still his beliefs, and he refused to an- In fact, on four occasions in the last role as an advocate from that of a swer. I asked again, and again, he re- 6 months our committee has held hear- judge.’’ fused to answer. Senator DURBIN asked

VerDate Sep 11 2014 04:09 Dec 15, 2017 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\A14DE6.003 S14DEPT1 December 14, 2017 CONGRESSIONAL RECORD — SENATE S8025 the same question, and Justice Willett of Law and Politics, which named him The bill clerk proceeded to call the refused to disavow these beliefs. as its ‘‘Distinguished Jurist of the roll. As the National Women’s Law Center Year’’ in 2014. Mr. REED. Mr. President, I ask unan- wrote, ‘‘Mr. Willett’s skepticism of the Justice Willett’s confirmation now is imous consent that the order for the existence of sex discrimination should good news, and, perhaps, the best news quorum call be rescinded. disqualify him from the bench. Liti- for him personally is that he will no The PRESIDING OFFICER (Mrs. gants coming before Mr. Willett . . . longer have to run for election, as he FISCHER). Without objection, it is so would have reason to question whether has had to do as a member of the Texas ordered. their claims of discrimination, includ- Supreme Court, because, of course, his REPUBLICAN TAX BILL ing sexual harassment and pay dis- appointment now is for life tenure. Mr. REED. Madam President, as Re- crimination, would be fairly and im- Jim Ho’s story is no less remarkable. publicans in both Chambers rush to partially heard or, instead, treated as Jim was born in Taiwan, and his par- conclude their secret negotiations on ‘hype’ to ‘debunk.’ ’’ ents immigrated to New York when he the final details of their tax bill, I want I could not support Justice Willett’s was a toddler. Jim learned English by to make clear to my colleagues what nomination. watching Sesame Street. should be obvious about this legisla- Ms. WARREN. I suggest the absence When he was young, his parents tion. We may not yet know the results of a quorum. moved to California, where Jim later of all of their horse-trading leading up The PRESIDING OFFICER. The attended Stanford before moving on to to the final legislation, but the Amer- clerk will call the roll. law school at the University of Chi- ican people are watching this process. The legislative clerk proceeded to cago. As an adult, in his professional It is plain to see that, should this Re- call the roll. life, Jim clerked for Judge Jerry Smith publican bill become law, Republicans Mr. CORNYN. Mr. President, I ask on the Fifth Circuit, the court to which will have knowingly and deliberately unanimous consent that the order for he has now been nominated and will be made worse the most dangerous the quorum call be rescinded. confirmed, and he later clerked for threats that we face to our economic The PRESIDING OFFICER. Without Justice Clarence Thomas on the U.S. and national security. Worse yet, they objection, it is so ordered. Supreme Court. will have drained the public coffers (The remarks of Mr. CORNYN per- Jim has worked in a variety of legal that our children and our children’s taining to the submission of S. Res. 361 capacities in the private sector. He has children will need to take up these are printed in today’s RECORD under also served at the Civil Rights Division challenges. ‘‘Submitted Resolutions.’’) and the Office of Legal Counsel at the We all know what these challenges Mr. CORNYN. Mr. President, on a Department of Justice. are. We face unprecedented income and separate and happier note, today is a It is when he was at the Civil Rights wealth inequality that threatens to sti- great day for our Nation’s Federal judi- Division that I first met Jim and I of- fle the social mobility that is the hall- ciary. Yesterday afternoon, we con- fered him a job on my Judiciary Com- mark of the American Dream. There is firmed Justice Don Willett, who cur- mittee staff, where he served as my also declining productivity, which has rently serves on the Texas Supreme chief counsel. Later, serving as solic- kept middle-class wages stagnant, and Court, who has been nominated by itor general, he had the highest win bred economic anxiety for too many President Trump to the United States rate before the U.S. Supreme Court of parents wondering if their children will Court of Appeals for the Fifth Circuit. any person who has served in that role. attain a higher standard of living— Soon we will be voting on Jim Ho, the When I was attorney general of Texas, much higher, they hope—than they former solicitor general of the State of we created this position of solicitor have achieved. We have a surging def- Texas, who has also been nominated to general because we had line lawyers icit from decades of trickle-down eco- the Fifth Circuit Court of Appeals. who would, literally, handle cases for nomics and unpaid-for wars that, if left These are two outstanding nominees, State agencies and who would handle unaddressed, could apply huge pressure and they reflect the best of Texas. those cases all the way to the Supreme to our ability to keep our most basic They are each fathers, lawyers, schol- Court, but really they didn’t have the promises to the American people, not ars, public servants, and active partici- experience or training as an appellate to mention meeting our obligations as pants in their communities. I wish to advocate that we needed to speak with a world power. take just a few minutes to discuss each a single voice for the entire State be- To the families watching what is of their unique stories, as well as their fore the Federal courts. Jim held that going on in Washington right now, the sterling records of professional accom- role and performed with distinction. As Republican end game appears to be to plishment. I said, he was enormously successful in invite fiscal crisis due to irresponsible Don Willett was raised in Talty, a his appellate advocacy. tax cuts for the wealthy and corpora- small town outside of Dallas, TX. He Jim also bears the distinction as the tions, and then, because we have al- was adopted at a young age and raised first Asian-American solicitor general ready given trillions of dollars away in by a single mom for most of his life. of Texas, and he has taught as an ad- tax cuts, to demand that Congress She must have been one heck of a lady junct professor at the University of shred Social Security, Medicare, Med- because her son went on to achieve Texas and is published in numerous icaid, and other vital programs in order great things from those humble begin- scholarly journals. to pay our bills. We know this is the nings. Simply put, Jim Ho and Don Willett road that this bill sets us upon, and the He attended Baylor for under- are two stars in the Texas legal fir- American people certainly see this graduate and Duke Law School. He mament. They were extensively vetted coming. So let no one who votes for clerked on the same court to which he by the bipartisan Texas Federal Judi- this bill say that they did not know the has been nominated and now con- cial Evaluation Committee, appointed consequences of their actions. This will firmed, the Fifth Circuit Court of Ap- by Senator CRUZ and myself, as well as not be remembered as tax reform, but peals. He worked in private practice the Office of White House Counsel and rather as a serious mistake to be cor- and served Governor, and then Presi- the Department of Justice. I am glad rected in the future. dent, George W. Bush. we are now elevating them to the Fed- How do middle-class Americans know That is not all, though. He went on eral bench. that Republicans did not write this bill to work at the Department of Justice’s I wish to commend the President on for them? Because they have watched Office of Legal Policy and later served these excellent nominations, and I Republican economics rig the tax sys- as deputy attorney general of Texas be- thank my colleagues for their votes to tem in favor of the wealthy and cor- fore his appointment to the Texas Su- support these two exceptionally quali- porations for years, even as wealth and preme Court. He was elected to his first fied men. income inequality have reached his- full term in 2006 and reelected in 2012. I yield the floor. toric levels. They took the Republicans While serving on my State’s highest I suggest the absence of a quorum. at their word when Republicans prom- court, Justice Willett was recognized The PRESIDING OFFICER. The ised that the Bush tax cuts of 2001 and for his excellence by the Texas Review clerk will call the roll. 2003, which skewed tax relief to the top

VerDate Sep 11 2014 00:53 Dec 15, 2017 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A14DE6.003 S14DEPT1 S8026 CONGRESSIONAL RECORD — SENATE December 14, 2017 1 percent over the bottom 20 percent of the budget hole their policies create, duce defense spending. The so-called Americans by more than 6 to 1, would then this massive deficit and the budg- Cold War peace dividend took place. At eventually trickle down. That is what et pressures that follow it will be their the same time, though, because of the they thought, but on the eve of the legacy for future generations. tough votes on tax reform that we great recession, aftertax income for the More importantly, however, I must took, we were building up a significant richest 1 percent had soared while mid- ask: What national priorities will our surplus. dle-class wages continued to stagnate. colleagues on the other side deem too We saw again here, with the begin- We are still waiting for the Bush tax expensive after we have given 1 trillion ning of the George W. Bush administra- cuts to trickle down and to pay for more borrowed dollars to the wealthy? tion, an increase in defense spending. themselves. They likely never will. What choices will Republicans try to Once again, that was a product the de- These Republican proposals make force on the American people when sire of the President to lower taxes, matters even worse by financing tax they decide there simply isn’t enough which he did, but more importantly, giveaways for big business and the rich for the Armed Forces, the jobless, the was the unexpected and catastrophic on the backs of those just trying to get sick, and the elderly? Republican lead- attack on the United States on Sep- by. Economists, relying on the Federal ership is already vowing to take up tember 11, 2001. That, together with the Survey of Consumer Finances, recently ‘‘entitlement reform’’ next year, which later decisions to go into Iraq and determined that the top 1 percent of is Washington-speak for giving the top maintain our presence in Afghanistan, American households now hold about 1 percent everything they want and led us to increase defense spending, 40 percent of the Nation’s wealth, then forcing practically everyone else but, once again—once again—a growing which is a 50-year high. This legisla- to choose who loses their Social Secu- deficit with tax cuts, with no increases tion overwhelmingly benefits them rity, Medicare, or Medicaid to plug the to pay for wartime operations, saw the while raising taxes on 48 percent of budget hole. Therefore, before Repub- defense budget peak and then begin to American taxpayers by 2027. licans blow apart the Federal budget decline, and we are in that decline Many of the families whose taxes will yet again, it is worth reviewing the right now. go up have already been through tough massive costs the American people are If history is any judge, when we pass economic times during the Great Re- already committed to pay. these tax cuts, I think we will see a cession. Productivity in the American First, as I have discussed before, this further decline as defense spending is workforce has been declining, and bill essentially guarantees that we will squeezed by an already-acknowledged wages have grown at an even slower struggle to meet the needs of our na- increased deficit and by the difficulty pace than that. These families don’t tional defense. Our war deficits from of cutting other programs to relieve need numbers from the Bureau of the past 16 years alone are projected to budget pressures. We are not posi- Labor Statistics to know our Nation’s add over $1 trillion to the national debt tioning ourselves well. As I previously recovery was historically slow. But our by 2023 and over $8 trillion by 2056. We mentioned, we are already looking middle-class weathered the Great Re- all know we must modernize the nu- ahead at necessary expenditures total- cession as Americans have always clear triad, which will cost $1.2 trillion ing trillions of dollars over the future, done. Now, because of the lopsidedness in 2017 dollars over the next 30 years. A and if we don’t make them, it will and deficit-busting features of the Re- 355-ship Navy would cost, on average, leave our Armed Forces, and indeed our publican tax bill, Moody’s Analytics $102 billion per year through 2047. Nec- position in the world, in a very precar- has warned that this ‘‘fiscal policy mis- essary additions to the end strengths of ious position. The irony will be that many of my take’’ could very well take us pre- the Army, Air Force, and Marine Corps colleagues will come down here and maturely into an economic bust. Mid- will cost an additional $18 billion, $6 vote one day soon on a huge tax reduc- dle-class families have just emerged billion, and $3.6 billion, respectively. tion for the wealthiest, including a $1.5 Where will this money come from, from the last crisis of Republican eco- trillion deficit increase, and on the nomics, still battered and bruised, and since we have already given it away to next day say: ‘‘We need more money they know that, if Republicans force a the wealthiest Americans? for our military, that is the most im- This chart shows what happens to the plan like this on the Nation again, it portant thing.’’ If our military were defense budget when large-scale tax re- will be their children who are on the the most important thing, we would be hook to pay for it. ductions are put into effect, starting in voting on a bill to provide that type of Make no mistake, there are times the Reagan era of the 1980s. One of financial support and relief to the mili- when running a deficit is advisable or President Reagan’s first initiatives was tary today, and letting the tax cuts for even economically necessary—particu- to build up defense. This chart shows the wealthy wait. larly when times are tough and fami- the percentage of GDP devoted to de- This is one of the remarkable periods lies need help to stay in the working fense spending. President Reagan in our history; probably the first time class and get back on their feet. But re- promised to make America strong. To in our history, that we have conducted gressive tax cuts just sit on our credit actualize his feeling and view of peace a war for 16 years, and have yet to ask card with little to show for all that red through strength, he built up the de- the American people, in any significant ink, and the tab we are leaving the fense budget significantly—going from way, to participate by paying their fair next generation is still running from 16 a little over 5 percent of GDP when he share for the national defense. In fact, years ago. took office up to almost 7 percent. But throughout this period, with rare ex- Like many of my colleagues, I was in the mid-1980s, he also engineered tax ceptions, we have cut taxes, and the here to take the tough votes and make cuts that lowered taxes on the wealthy cuts have basically benefited the the hard choices that led to the Clin- in proportion to lower income Ameri- wealthiest Americans. That is why all ton-era surplus. The failed experiments cans, and eventually, those tax cuts of this together has caused former Sec- of supply-side economics turned that and the deficit caught up with defense retaries of Defense Leon Panetta, Ash surplus into a CBO-projected deficit of spending. As we notice, through the Carter, and Chuck Hagel to indicate over $10 trillion over the next decade. later 1980s and all the way into the that this tax bill is ill-advised. Fol- And even if we accept all of the rosy 1990s, except for one respite, we had a lowing 16 years of debt-financed war, assumptions of dynamic scoring and declining defense budget. In the first providing even bigger deficit-busting take it on faith, yet again, that wealth year of the George Herbert Walker tax cuts doesn’t make any sense for will trickle down and that no recession Bush administration, there was an- our national security. will come in the next decade—all of other attempt to decrease defense My previous comments, along with which are assumptions on which I spending. So the line went up a bit, but the comments of former Secretaries of wouldn’t wager anything—the Joint after that, of course, with deficits in- Defense and others seem to have Committee on Taxation calculates that creasing, with other pressures mount- touched a nerve with Speaker RYAN be- this bill would still increase the deficit ing on the budget, defense spending cause, when asked specifically, he took by over $1 trillion. Facts do not go plummeted. some umbrage at these comments. In away simply because we ignore them, Then, within the Clinton administra- an interview with NPR, he said he sim- and if Republicans continue to ignore tion, there was a conscious effort to re- ply could not understand where our

VerDate Sep 11 2014 00:53 Dec 15, 2017 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.016 S14DEPT1 December 14, 2017 CONGRESSIONAL RECORD — SENATE S8027 concerns were coming from. To put it advantages that allow them to remain their dinner tables, and they don’t be- bluntly, I am comfortable siding with self-sufficient during hard times. This lieve we need to give trillion-dollar tax three former Secretaries of Defense approach promises to crush families on cuts to corporations that have inter- over the Speaker when it comes to two fronts. It will force more families national operations. They are more budgeting for the men and women of who are down on their luck to slip out likely thinking about more mundane our Armed Forces, for the reasons I of the working class, and then, because things closer to their lives, such as, outlined in my discussion of the his- of massive deficits, the social safety what about the roads and bridges in my tory of defense spending and tax cuts net will be weakened when these fami- community? Why does this country over the last 30-plus years. Inevitably, lies need it the most. This legislation have an investment backlog in trans- the tax cuts to the wealthy and cor- will likely trigger a $25 billion cut to portation of $836 billion for highways porations, because of the way this bill Medicare in 2018 alone, and with the and bridges and $122 billion for transit? is structured, will put pressure on de- Republicans’ entitlement reform on the Why aren’t we doing the big infrastruc- fense spending. What I don’t want to docket for next year—publically an- ture bill that the President indicated happen is to have people down here 2 nounced by Speaker RYAN—this may during the campaign—which is going to months from now pounding the desks just be the tip of the iceberg. If we pass cost real money? Instead, we are giving about how we are not responding to the this tax bill, under our pay-go rules, we real money away. needs of our troops, saying that we are in a position where we will be fac- This makes a huge difference—be- haven’t made them the most important ing a $25 billion cut to Medicare just cause pursuing tax cuts first doesn’t thing in our lives, or that we are ne- next year, in 2018. Indeed, for many just neglect infrastructure, it neglects glecting our national defense. Frankly, Americans, this vote is not about jobs. The jobs infrastructure projects they have ignored this whole topic by taxes, it is about Medicare—what they create are middle-class jobs. These are committing to give tax cuts and in- thought they had earned and are enti- not the private equity analysts. These crease the deficit. That is the wrong tled to, what their children believe are not the sophisticated financial en- priority, in my view. they need in order to withstand the ob- gineers. These are the laborers, the As the chart clearly demonstrates, vious health problems as one ages. structural engineers, and the men and these tax cuts eventually catch up with This does not even begin to cover the women who pour the concrete. They us. They produced defense cuts—maybe struggles facing working-class Ameri- are not going to get much out of this not immediately, but we are not work- cans every day. We are in the midst of tax bill. At the family dinner table, ing on a situation like we had in 2001. a historic decline in labor force partici- they are probably wondering how they When President George W. Bush insti- pation that economists are struggling can afford to send their children to col- tuted his tax cuts, we had a $5 trillion to explain, and many States that are lege. surplus on the books. That was because experiencing deep declines in labor How can they even continue to send we took those tough votes in the 1990s force participation are among those their children to elementary and sec- to increase taxes and to build up a sur- hardest hit by the opioid epidemic. A ondary schools that are in a horren- plus. few weeks ago, President Trump de- dous state of repair? The Department We don’t have that pad any longer. clared a public health emergency on of Education has estimated it would We are already $10 trillion in the hole, opioids. Where are the resources com- cost $197 billion to bring all public so the effect of these cuts will be much ing from to face that national emer- schools in the United States to good quicker and much more dramatic when gency? There will not be that much left condition, and there is a $30 billion it comes to the situation we will face after this tax cut. funding gap in annual capital construc- not only in terms of supporting our What we are beginning to see—this is tion and new facility funding. This is military, but actually taking major not cause and effect, but it is a correla- not just a Rhode Island problem; this is steps to upgrade the platforms, the tion—is that a lot of individuals are a problem in every State of the Union. technology, the training, the readiness, leaving the workforce because they feel Public school buildings are decrepit, and the quality of life of the Armed displaced by new technology or because and we are sending children to those Forces. We don’t have a $5 trillion sur- they are noncompetitive or for a num- schools. If this legislation passes, plus to dip into to pay off the wealthi- ber of reasons, and this seems to cor- where will we find the money to help est while we try to fix defense. We are relate very highly in those States with State and local communities deal with in a situation where advocacy for this large losses with this opioid epidemic. these issues so that children can go to tax cut, in my view, totally and delib- In my home State of Rhode Island, this schools that are modern, up-to-date erately ignores the costs we are going epidemic is real. It is taking the lives places where they can learn? to have to pay to protect ourselves. of individuals. On a national scale, it is For the first time in our history, we something that has already been pro- Once you get past the elementary have conducted almost 20 years of war, claimed a public health emergency by and secondary education levels, today and we have asked our troops and their the President. Again, where will the everyone insists the jobs of the future families to serve, but we haven’t asked money come from after these tax cuts? all require more than a high school any other American to stand up, at Will the problem just go away? I doubt education. We have a generation that least with their financial support, and it. The money is going away, but not has racked up about $1.3 trillion in stu- help us deal with the crises we face the problem. dent loans and is facing a job market across the globe. We have to ask ourselves: If we are in that provides few opportunities and not It is not just our Armed Forces that a national public health emergency, enough opportunities to pay them off. will be squeezed and crowded out of the why aren’t we standing up and pro- They are worried. People are worried Federal budget because of these Repub- viding the resources to help Americans that their children—many of whom are lican proposals; the middle class and face this problem? It goes back to the still living with them after college— the working poor will also have to do a same logic: If we are in our 16th or 17th will never be able to pay off these lot more with a lot less. year of war, why aren’t we standing up loans. Where is the multibillion-dollar Many of my colleagues have already and saying that we better put up some package of assistance, aid, and loan pointed out that the CBO has esti- money for the troops, their equipment, forgiveness that will allow this genera- mated that 13 million Americans will and their families? tion of Americans to have the same lose their health insurance because Re- No—what my colleagues are saying benefits that my generation had? That publicans will repeal the individual is: We had better cut taxes for the is not the situation today. Everyone in mandate to pay for tax cuts. They can wealthiest Americans, for corpora- this Chamber knows this because, when try to spin this as an expansion of tions. We have to create loopholes for they go home, they hear from parents choices, but the bottom line is that passthrough entities that give advan- who are wondering when their child more people will be sick, and fewer of tages to private equity concerns, legal will ever get out from underneath the them will get the care they need. firms, accountants, and others. significant debt they have. Other middle-class American families As we look at these problems, mil- These are all real problems that can expect to lose access to critical tax lions of Americans are sitting around working families face. There is another

VerDate Sep 11 2014 00:53 Dec 15, 2017 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.018 S14DEPT1 S8028 CONGRESSIONAL RECORD — SENATE December 14, 2017 problem that is looming and will exac- being displaced by these machines be- I think this is a great mistake. I hope erbate these problems even more dra- cause we have eroded that too. We have my colleagues will reflect on what we matically. According to the McKinsey huge challenges before us. The Amer- are about to do and reject it. Global Institute, up to 30 percent of the ican people are watching us. They I yield the floor. work done by 60 percent of occupations know these things. They are seeing in The PRESIDING OFFICER. The Sen- today is vulnerable to automation. By their workplace machines gradually re- ator from Arizona. 2030, 75 million to 375 million—up to 14 placing human beings. If you are a Mr. FLAKE. Madam President, I ask percent—of the global workforce will driver for UPS and you haven’t figured unanimous consent that notwith- need to change jobs. These advances in out yet that these big companies are standing rule XXII, at 1:45 p.m. today, artificial intelligence could cause a buying autonomous vehicles, they are all postcloture time be yielded back huge erosion in human jobs. using drones to deliver packages, et and the Senate vote on the confirma- What are families doing? What cetera—they understand what is com- tion of the Ho nomination and that, if should we be doing? Frankly, we should ing. They see their children with huge confirmed, the motion to reconsider be be thinking of ways we can help people debt living at home because they can’t considered made and laid upon the make the transition, and prepare them afford to buy a home, given their table and the President be immediately for what we know is coming. We know school loans. They sense the fragility notified of the Senate’s action. there is going to be a huge loss of jobs. of not only their own job but also the The PRESIDING OFFICER. Without We know that, when people drop out of support for their parents on Medicare objection, it is so ordered. the workforce, when companies get and Medicaid. smaller, their pension obligations don’t One of the things I thought was in- NAFTA get that much smaller. We are also fac- teresting when I heard we were going Mr. FLAKE. Madam President, I rise ing huge shortages in terms of pen- on to entitlement reform is the fact today because I believe that some here sions. that the biggest amount of money in Washington are under the illusion One of the ironies I suggest will hap- spent in Medicaid go to nursing homes, about what would happen if we were to pen—‘‘irony’’ is too gentle of a word— and it goes to individuals who are not withdraw from the North American is that these corporations that are get- the poorest of poor. They are middle- Free Trade Agreement, or NAFTA. ting huge tax benefits are not going to class people, seniors, or people with Some people still, inexplicably, be- raise wages. They are not going to turn long-term disabilities who have ex- lieve that this would be a good thing. it over to the people who work for hausted most of their funds. They have They believe the relationship between them. They will buy back their stock, sold their house or mortgaged their the United States and Mexico and Can- and some of these companies will buy house, et cetera, and they are the ones ada is somehow a raw deal for Ameri- back their stock even though their who are taking the bulk of the Med- cans. Let’s talk about Mexico for a pension plans are not fully funded. icaid money and funding. If we cut while. That is not only an irony but an addi- Medicaid, what we are going to do is In reality, Mexico spends 26 percent tional problem with the approach we tell a lot of middle-class people: You of its GDP in its purchasing of goods are taking to this legislation. are out; you are out of this nursing from the United States, while we spend The jobs in danger are not all entry- home. Or we are going to tell their sons less than 1 percent of our GDP—I think level positions. This is not about some- and daughters: You thought you had a it is 0.2 percent—in our purchasing of body who has a pick and a shovel and problem paying off your children’s tui- goods from them. Again, for those who is displaced by a machine. We are talk- tion; you thought you had a problem at obsess over trade deficits with Mexico, ing about jobs, for example, in radi- work because you haven’t had a raise Mexico spends 26 percent of its GDP in ology. With computers and artificial in several years. Guess what. Unless its purchasing of goods from the United intelligence today, doctors will admit you come up with $1,000 extra a month, States while we spend less than 1 per- they can read x-rays better than many your mother is out of that nursing cent of our GDP in our purchasing of technicians. They can do it in such a home. goods from them. Prior to NAFTA, our way that you don’t need as many radi- That is the reality. That is what total trade with Mexico was under $80 ologists to review the records. They Americans around their kitchen tables billion. Now that trade approaches $600 can be much more efficient. We are and coffee shops are talking about. billion. That is a good thing. That is talking about jobs that are not core, They are not talking about big tax cuts good for us, and it is good for Mexico. entry-level jobs done by people who can for the wealthiest corporations and in- Trade is not a zero-sum game. easily do something else. We are talk- dividuals. It is no surprise that, if you These folks also seem to think that ing about people who have master’s de- look at any of the polling with respect terminating NAFTA will have no last- grees, who have years of training. This to this tax bill, the American people ing impact on this Nation or its econ- is going to come very quickly. What do are against it. My colleagues, particu- omy. In reality, pulling out of NAFTA they do? How do they compensate? larly on the other side, are committed would have sweeping negative con- Where do they get a job? sequences for Americans all over the We know that this is going to hap- to getting something through that the country. Let me briefly describe what pen, and we are weakening ourselves fi- American people don’t want. They have America would look like without nancially from being able to respond. said it. The polling has been extensive: NAFTA. Yet the legislation that is being pro- We don’t want this; we have real prob- It would be an America with fewer posed is oblivious to what we know is lems at home. I am here to say that I believe this is jobs and higher unemployment. Some going to happen. People will come here and say: ‘‘We a great mistake. I don’t think any of us of these jobs that would be lost would need more money for national de- going forward should be in a position not return for decades, maybe even for fense.’’ Why don’t we do that now, in- to say: Someone should have told me; a generation. Other jobs would never stead of giving a big tax cut and rais- someone should have told me that we return. It would be a poorer America ing the deficit? need trillions of dollars to improve our without NAFTA. The gross domestic In a few years or few months, people defense above and beyond the current product would drop. Much of the posi- will say: ‘‘This opioid crisis is out of money we are spending. Somebody tive growth that we have seen recently control; it is even worse than it was should have told me that hundreds of may be erased. In the last year, we when the President declared it an thousands—if not millions—of good have seen impressive GDP numbers. We emergency.’’ Let’s do something. jobs are going away because of artifi- have achieved great growth through We don’t have the money. In a very cial intelligence. Someone should have strong, conservative policies—in our few years, when people say, ‘‘We are told me that young people are drown- having a better regulatory environ- losing hundreds of thousands of good ing under college debt, and we should ment, in particular. I hope the days of jobs; let’s do something,’’ the answer fix that. Someone should have told me 1-percent growth are behind us, but if will be ‘‘Sorry, we can’t.’’ that we are in a situation where work- we scrap NAFTA, that may not be the By the way, we don’t have much of a ing conditions and the prospect of work case. An America without NAFTA safety net for those people who are is so fragile for so many people. would be one crippled by subsidies.

VerDate Sep 11 2014 00:53 Dec 15, 2017 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.019 S14DEPT1 December 14, 2017 CONGRESSIONAL RECORD — SENATE S8029 I agree with my colleague from Kan- Let’s not be swayed by those who tle on an agreement that would provide sas and the Senate Agriculture, Nutri- would have us believe that the impact real relief and real opportunity for the tion, and Forestry Committee chair- of exiting this trade agreement would American people. man, Senator ROBERTS. He recently ex- somehow be minor or short-lived. Today, we are closer than ever to plained that the withdrawal from There are some who say that we have getting comprehensive, pro-growth tax NAFTA would add to farmers’ demands to exit the agreement in order to nego- reform across the finish line, and that for increased farm subsidies at a time tiate a better agreement. As I have ex- is why I am standing here to explain when Congress simply cannot afford plained, just exiting the agreement why it is so important that we move it that. These farmers would prefer to sell will have real ramifications—canceled all the way through this process and their crops at reasonable prices, but in contracts, particularly for those in ag- pass these reforms. our exiting NAFTA, they will certainly riculture when you are dealing with I asked you to take my word, and I ask for economic protection through commodities. Let’s not be misled by have for the last several weeks and increased farm subsidies. I believe that those who are under the illusion that months, but now, today, I ask you to many of these subsidies are automati- negotiating an entirely new trade not simply take my word on this. cally added and that these subsidies agreement, as I have said, will be sim- Throughout the process, when I have would substantially grow the national ple or painless. It will not be. been back at home in West Virginia, I debt and dramatically curtail any abil- In closing, we have seen the limits to have heard from constituents, friends, ity to rein in government spending. the philosophy of ethno-nationalism and even strangers who are really root- Without NAFTA, we will likely find and economic nationalism. We have ing for this effort. They are rooting for ourselves in a less secure America. The seen those limits politically, grate- it because they understand what a dif- withdrawal from NAFTA will desta- fully, this week in Alabama. Let’s not ference it will make in their lives. bilize the Mexican economy and create follow those who believe in that philos- Whether I am at a roundtable discus- a crisis on our southern border. Termi- ophy or who are advocating an ethno- sion or at the grocery store, so many nating this agreement will seriously centric, or an extreme, nationalistic West Virginians have shared with me undercut the important progress that trade policy. That would be disastrous what tax reform would mean for them has been made over the past several for the economy of the United States and their families. They have encour- decades—that of improving drug en- in its moving forward. aged me and they have encouraged us forcement and stabilizing the Mexican I yield the floor. to get this done because they know economy. Efforts toward privatization, I suggest the absence of a quorum. what tax reform would do for our State criminal justice reform, and mod- The PRESIDING OFFICER. The in terms of jump-starting the economy. One West Virginian I recently heard ernization have been good for the Mexi- clerk will call the roll. from, Donald from Beckley, recently can economy. In turn, it has been good The senior assistant legislative clerk wrote to me on behalf of his sons and for our economy as well. proceeded to call the roll. According to the Department of Mrs. CAPITO. Madam President, I grandchildren, who he said will ‘‘reap Homeland Security, the number of peo- ask unanimous consent that the order the rewards’’ of the tax reform bill. He wrote: ple trying to cross illegally into the for the quorum call be rescinded. United States from Mexico has fallen The PRESIDING OFFICER. Without There are too many minimum wage jobs in objection, it is so ordered. West Virginia and not enough higher-paying to the lowest level in 46 years. That is jobs for advancement. There is no ladder for largely due to there being a better TAX REFORM BILL the young people to climb anymore. economy in Mexico. If we pull out of Mrs. CAPITO. Madam President, I Donald added that he would be very NAFTA and allow Mexico to plunge come here today to again speak in sup- surprised if the tax bill doesn’t help into economic chaos and uncertainty, port of comprehensive tax reform. For solve this problem. If we don’t see it will, certainly, drive up the number weeks, I have worked to highlight the higher wages, which we believe we will, of those who want to come to the enormous benefits that our tax reform Donald said that he would be surprised. United States. efforts will have for the economy. I am I know we are going to see higher These are the real ramifications of very excited about the point where I wages. He said: ‘‘I really hope that the terminating NAFTA—an America with think we are now because I know this Senate and House get this bill to the higher unemployment, a lower GDP, will help our middle-income families, President’s desk before Christmas so he more Federal subsidies, particularly workers, and businesses of all sizes. can sign it.’’ for agriculture, and increased illegal I think it should not be lost that the This week, similar support was immigration. tax reform bill doubles the standard de- echoed by a number of groups and orga- All of this—exiting NAFTA—would duction. In my small State of West Vir- nizations in West Virginia. The Na- come before we would face the ulti- ginia, 83 percent of the people living tional Federation of Independent Busi- mate challenge of negotiating a new there don’t itemize. They are going to ness said that both the House- and Sen- trade agreement to replace NAFTA. use the standard deduction, and that is ate-passed tax reform proposals ‘‘recog- Anyone who suggests that this process going to be doubled. It also signifi- nize the need for small business tax re- is quick or easy is sadly mistaken. In cantly increases the child tax credit, lief, which means businesses could re- today’s global economy, people and na- which is great for families and great invest in their businesses and employ- tions have more choices than ever. for young families with children trying ees, create local jobs in rural and urban For evidence of this, look no further to make ends meet. areas of West Virginia.’’ than to the disastrous decision to with- It will make America’s businesses I had to kind of laugh when they said draw from the Trans-Pacific Partner- more competitive around the world, ‘‘urban’’ areas in West Virginia. I am ship. Canada and Mexico, like other which I think will lead to higher wages not sure we truly have urban areas. We TPP nations, could decide to move and more opportunities for our work- have many rural areas. But we have ahead without the United States. ers. great towns in West Virginia. These countries have more choices I encouraged my colleagues to join The NFIB went on to say: ‘‘We can’t than ever. It used to be that we were these efforts as the Senate proposal afford to miss this once-in-a-genera- the only game in town. That is not the worked its way through the Senate Fi- tion opportunity to help Main Street case anymore. These countries have nance Committee and again as it came businesses grow and create jobs.’’ and will move on without us. They to the Senate floor for debate. Next The West Virginia Chamber of Com- could simply refocus their efforts on week, we hope to see the conference merce, which represents businesses alternative markets and explore new committee report on the Senate floor. small and large in the State, also ex- trade partners. It is a dangerous game Last week, I explained why I was pressed support for the tax reform ef- when we in America are no longer seen proud to cast my vote for this critical fort this week by calling it a ‘‘real win- as a reliable trade partner. We will legislation. I expressed my optimism win’’ and noting that ‘‘by making tax have countries that will be reluctant to that the Senate and the House would rates more competitive, small busi- enter into agreements with us and that come together, reconcile the dif- nesses will be able to reinvest in grow- will simply not want to renegotiate. ferences between the two bills, and set- ing their operations and creating more

VerDate Sep 11 2014 00:53 Dec 15, 2017 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.021 S14DEPT1 S8030 CONGRESSIONAL RECORD — SENATE December 14, 2017 jobs, and individuals will be able to de- The Dreamers, of course, are some- and feeling the consequences of this termine how best to spend their hard- thing on the order of 800,000 young peo- horrific decision. earned money, further stimulating eco- ple who were promised that if they ICE, Immigration and Customs En- nomic growth.’’ The chamber also came forward and made disclosures, forcement, has already picked up a pointed out that this effort is expected their government would protect them. young Dreamer during a routine traffic to grow jobs in our State by roughly That is the basic promise that our gov- stop whose DACA waiver had expired. 5,000 new jobs. To some States, 5,000 ernment made. This is a significant This Dreamer had been waiting to re- might not sound like a lot, but in a moment in their lives and in the life of apply for protection after his initial State such as ours, 5,000 jobs would be the Nation as to whether we are going application was rejected due to—I will welcomed and welcomed heartily. They to keep what I would argue is a sacred say it again—postal delays. While the also highlighted that West Virginians promise to 800,000 young people and in administration has said they would are expected to see an average reduc- my home State of Pennsylvania, at allow these applications that were re- tion of nearly $2,000 in their Federal last count, thousands, as many as 5,900, jected due to postal delays the chance taxes that they pay. That is a signifi- approximately. to reapply, the administration has been cant amount of money for hard-work- In this case, we are talking about silent on what these individuals should ing families across our State, to be this issue because a promise was made, do in the interim. For many Dreamers, able to determine how they want to and then in the transition from one ad- this means they must choose between spend their money. ministration to the other, a different risking deportation and continuing to Additionally, the State director of approach was taken. In September, work and provide for their children and the West Virginia chapter of Ameri- President Trump decided to end the their families, depending on the cir- cans for Prosperity recently said: Deferred Action for Childhood Arrivals cumstance. This is a huge step for taxpayers. This is Program. This announcement required These Dreamers have done every- going to make American businesses competi- those whose DACA waivers would ex- thing right, and their applications were tive again. It’s going to put more money in pire within 6 months to submit a re- rejected, not due to any action they did the pockets of West Virginians. newal application in just 1 month—not not take, but they were rejected for Finally, our West Virginia manufac- a lot of time to get that done. other reasons—due to a failure of our turers—we have a great manufacturing Unfortunately, many DACA recipi- government. Yet, now, they are paying sector—weighed in by saying: ents were unable to meet this short the price. Manufacturers large and small know this deadline, and others who managed to Risking ICE detention and deporta- reform will mean more jobs in America, get their applications in time were still tion to countries within which they more investment in America, and more men rejected due to postal delays—not be- have never lived as adults is totally and women making things in America. . . . cause of something that young person contrary to our values. Dreamers are Our elected leaders now need to seize this op- did but due to postal delays. While the young people who have lived in this portunity, get tax reform across the finish administration has said these individ- line, and send it to President Donald country since they were children. They uals may be able to resubmit, many are are law-abiding residents who have Trump’s desk. immediately at risk of deportation. I couldn’t agree more. learned English, paid taxes, gone to Just imagine that. In fact, it is im- school, secured jobs that support them- Many of the folks I have quoted rep- possible for me to imagine it, and resent numerous businesses and numer- selves and their families. maybe it is impossible for anyone in This program has enabled almost ous people who work in and for those this building to imagine that you are businesses. 800,000 young people to grow and thrive an individual who came forward be- in America. These impressive young To get this economy growing is in- cause of this program, because of a credibly important, and that is what people provide enormous contributions promise your government made to you to our society, including paying an es- we are going to do. It is time to seize that you would be protected if you this once-in-a-generation opportunity. timated $2 billion every year in State came forward. You came forward after and local taxes. The economic loss to It is time to get tax reform across the years of living in this country—many Pennsylvania is estimated to be in the finish line. It is time to send this pro- years wouldn’t add up to a long life be- hundreds of millions. To be exact, by growth legislation to President cause these individuals are obviously one estimate, it is a $357.1 million loss Trump’s desk. Families, workers, and very young. Some of them came when to the State’s GDP. How about the Na- small businesses in West Virginia and they were just a couple years old or a tion overall? By one estimate, if this across this country are counting on us. couple of months old, and they know were to go forward and these young They are counting on us to do the right no other country. In fact, one indi- people were to be deported in the num- thing, to be big and bold, to get this vidual whom I met with around a big bers some are talking about, it is a na- economy moving. That will result in conference table of about 15 to 20 tional number that is in the hundreds more jobs, higher wages, more invest- DACA recipients said to me in this ment, and more opportunity and opti- meeting a couple of months ago, she of billions of dollars—by one estimate, mism about the future of our country. said: The only country that I know, north of $400 billion. That is the im- I thank the Presiding Officer, and I doesn’t want us. That was her assess- pact. So we have to get this done one way look forward to voting for this bill. ment of what the ending of this pro- or the other. It would be a terrible fail- The PRESIDING OFFICER. The Sen- gram should mean to her. ator from Pennsylvania. So that is what they are at risk of. ure of our government; worse than Mr. CASEY. Madam President, I ask They are not just at risk of some theo- that, it would be an insult to our coun- unanimous consent to speak as in retical consequence. They are literally try, and it would be breaking a sacred morning business. at risk of deportation after living here promise. The PRESIDING OFFICER. Without all these years and not knowing any CHILDREN’S HEALTH INSURANCE PROGRAM objection, it is so ordered. other country because of their cir- Madam President, just a few remarks DACA cumstances. rather quickly about a major program Mr. CASEY. Madam President, I It is estimated that 12,000 DACA re- we are also debating; that is, the Chil- want to cover two topics. There is so cipients have already lost their protec- dren’s Health Insurance Program. We much to cover between now and the tion—12,000 young people—and that know CHIP expired on September 30. It end of the year, but I want to focus number will grow to some 20,000 by is a total failure of the government to today on two issues. One is the Chil- March. Why would our country break a allow that to happen. It is hard to com- dren’s Health Insurance Program, and promise to 12,000 individuals and then prehend that even as some are debating the second is the so-called Deferred Ac- 20,000 and then potentially much, much about the size of a corporate tax break, tion for Childhood Arrivals, the so- higher numbers? So we can’t wait one which will be permanent, there is un- called DACA Program, and in par- more day, in my judgment, to help certainty, and any uncertainty about ticular the individuals affected by this these Dreamers. the Children’s Health Insurance Pro- policy, the Dreamers. I will start with Dreamers across Pennsylvania and gram is also an insult to the country. that issue. the Nation already are living in fear Nine million children and their

VerDate Sep 11 2014 00:53 Dec 15, 2017 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.022 S14DEPT1 December 14, 2017 CONGRESSIONAL RECORD — SENATE S8031 healthcare and the security of their work and obeying the law and paying ily farms. I am talking about the families is on the line. So we need to their taxes. They just want to know American who decided to take a risk to get the Children’s Health Insurance what the bottom line is. create some jobs, start a small busi- Program passed. So let me tell them what the bottom ness, went and took a second mortgage The tragic irony is, the Finance Com- line is. We are going to pass a tax bill on her home, maybe employs four or mittee, of which I am a member, passed that is going to cut about $1.4 billion in five people. If she fails in her business, a bipartisan bill: The Keep Kids’ Insur- taxes for the American people and the government is not going to be there to ance Dependable and Secure Act, the American businesswomen and the bail her out. She is going to lose her so-called KIDS Act of 2017, reauthorizes American businessmen over 10 years. home, but she wants to take a risk, to the CHIP program for 5 years. There is Let me talk, first, about the impact be her own boss, to create jobs in no reason why—no reason whatsoever— on people—ordinary people, Mr. Presi- America. We are going to cut her taxes that KIDS Act could not be voted on dent, like you and I. We are going to too. and passed on the floor of the Senate double the standard deduction. Why is The passthrough rate, the top mar- this afternoon or tomorrow or Monday that important? Right now, about 70 ginal tax rate, by my calculations after without any impediment to getting percent of Americans take the stand- this bill is passed, is going to be about that done, but it is being held up, I ard deduction. After we double it, prob- 29.6 percent. Right now, the top mar- guess, as a negotiation tactic or as a ably about 90 percent will. The Presi- ginal tax rate for that businesswoman way to get a deal on something else. dent is right. You will be able to file would be about 43 percent. And you Children’s healthcare should not be your taxes on a postcard if you want say: Well, the small businesses get a 26- subject to any deal or any leverage or to. For Americans who have children, percent rate. Why do the big corpora- any engagement on other issues. We we are going to double the children’s tions get 21 percent? should get it done. If people can spend tax credit. We are going to lower every Because the big corporations pay hours and hours and days and now marginal tax rate. I know you have taxes twice. Saying they are going to weeks giving big corporations a perma- been told we are only going to help the pay 21 percent in our bill isn’t the only nent tax cut that exceeds $1 trillion, wealthy. That is just not true. We are part of it. When they declare dividends, we ought to make sure an existing, ef- lowering every single tax rate. I am they have to pay taxes again. So that fective, bipartisan program for chil- very proud of the fact that this bill is the reason for the disparity. dren gets reauthorized. starts—it doesn’t end, but it starts Let me tell you why this is impor- I yield the floor. with helping our middle class. tant. So many of my colleagues—in The PRESIDING OFFICER (Mr. In my State, a mom and dad working fact, every one of my colleagues in the STRANGE). The Senator from Louisiana. hard, making $75,000 a year—mom Senate says that they are for jobs. We Mr. KENNEDY. Mr. President, I want makes 30-plus thousand and dad makes are all for jobs, but you can’t be for to speak for a few minutes on two sub- 30-plus thousand, and they have two jobs if you are against business. You jects. I don’t have prepared remarks so children—right now, they pay about can’t. I am going to speak from the heart. $3,500, $3,700 in Federal income taxes. Businessmen and businesswomen Let me talk first about the CHIP pro- Now, of course, that is not all they pay. need four things from government. gram. One of my favorite people in the They pay payroll taxes, they pay State They need reasonable regulation—not U.S. Senate is my colleague from Penn- taxes, and they pay local taxes. In fact, no regulation, reasonable regulation; sylvania, Senator CASEY, and he just government taxes everything now at they need a decent infrastructure; they spoke very eloquently about a program all levels. Government now taxes the need a skilled workforce; and they need called the Children’s Health Insurance food we eat, the clothes we wear, the low taxes. That is what government is Program, which is part of our Medicaid cars we drive, the homes we live in. supposed to provide. And then, in a free Program. It provides health insurance Government started thinking it owns enterprise system like ours, govern- for the children of America who are too all our money. Government taxes us ment needs to get out of its way and poor to be sick. when we work. Government taxes us let the free enterprise system work, That bill will pass. The Children’s when we play. Government taxes us which has lifted more people out of Health Insurance Program will be re- when we die. So when I tell you that a poverty than all the social programs newed. I want to look the American couple making $73,000, $75,000 in my put together. people in the eye right now and tell State is paying $3,750, roughly, in Fed- Our bill is going to provide lower them: Do not worry. Do not worry. eral income tax, I don’t want you to taxes. We have a lot of differences of This is an extraordinarily able pro- think that is all. opinion in this body. Some of my col- gram that has served the people of this The point I am trying to make is, leagues—most of whom happen to be country and our country well, and I after we pass this bill, that couple is Democrats—believe that it is possible don’t want anybody to be unneces- going to pay about $1,500, $1,700, $1,400 to tax this country into prosperity. sarily frightened at Christmas. If you in Federal income taxes. That mom Once again, I say this with all the re- are a mom or a dad or a child or con- and dad who, as I said before, get up spect I can muster: They are in good cerned citizen out there today and you every day and go to work and obey the faith in believing that. This is Amer- hear that CHIP is in danger, with all law and try to do the right thing by ica. You can believe what you want. the respect I can muster, I want to say their kids and try to save a little But if they believe that, then they it is not. Don’t believe it. The CHIP money for retirement and try to teach were in the quad throwing a frisbee program will be renewed. their children values is going to have during economics 101. And that is just TAX REFORM BILL an extra couple thousand dollars in a fact. Mr. President, now, let me just talk their paycheck, and that is a lot of Some of the opponents of this bill a second about taxes. In a few days, we money. It is to me, and I know it is to have suggested that tax policy has ab- are going to vote on a tax system, and you, and it is going to be a lot of solutely nothing to do with our econ- that vote will be a vote, as much as money for that mom and dad. omy, with economic growth. Once anything, on people’s opinion about the This bill is also going to help every again, with all the respect I can mus- current tax system. No reasonable per- businesswoman and businessman in ter, I would ask them very respect- son can look at America’s current tax America. Yes, it is going to help our fully: What planet did you just para- system and be impressed. For one large corporations. Right now, we tax chute in from? Average Americans un- thing, it is enormously complicated. It them at a rate of 35 percent. This bill derstand, ordinary Americans under- is 10 million words. You can stand on it is going to reduce that to 21 percent, stand, people who work for a living un- and paint this ceiling. but it is not just going to help large derstand that when you tax something, I don’t want to just talk about tech- businesses, it is going to help small you get less of it, and when you tax it nicalities here because most Americans businesses as well. I am talking about less, you get more of it. don’t have time to worry about section the subchapter S corporations and the This is a solid bill. It is not perfect. 106(a) or section 807(b). They are too LLCs and the LLPs and the sole propri- If I were king for a day—I am not, and busy getting up every day and going to etorships. I am talking about the fam- I don’t want to be—I would make some

VerDate Sep 11 2014 00:53 Dec 15, 2017 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.026 S14DEPT1 S8032 CONGRESSIONAL RECORD — SENATE December 14, 2017 changes. But reasonable people dis- found ways to still capture joy in their deep mental health problems that went agree sometimes, and I believe this lives. Some have added to their num- untreated. There have been public pol- body will come together. bers by welcoming new children into icy victories. I hope we get some Democratic votes their family since then. They have re- So today, on the 5-year anniversary, because I think that in their hearts, discovered passions. They have made I hope that my friends here will cele- some of our Democratic friends want to sure that the surviving children—the brate these small but meaningful mir- vote for this bill. They do. We will see siblings—have been able to live lives of acles that have happened over the last whether or not they do, but I believe optimism rather than live lives of per- 5 years, and I hope that you will be re- they do. But we are going to pass this petual fear. minded that we cannot take one day or legislation, and the American people I have gotten to know so many of one moment for granted. Those moms are going to be better off. It is not these families. The parents and the and dads who sent their kids to school going to add to the deficit. I would not kids are now close, personal friends of that morning never imagined that vote for this legislation if I thought it mine. Watching the rebirth of these would be the last time they would be would hurt us long term in terms of families instills a sense of faith in the able to interact with their children. So our deficit. human spirit that is hard to explain. none of us should think that we will Thank you, Mr. President. Those are small miracles, but they are have another chance to say what we I yield to my colleague from Con- important ones to remember on this 5- want to say to somebody we care necticut. year anniversary. about. None of us should think we can The PRESIDING OFFICER. The Sen- The miracles also come in ways that put off saying ‘‘I love you’’ for another ator from Connecticut. lives have been changed and saved moment. Those small things that we do FIFTH ANNIVERSARY OF THE SANDY HOOK MASS through the efforts that have sprung for each other matter desperately. SHOOTING forth out of this tragedy. So many of I think about one story that I will Mr. MURPHY. Mr. President, I am on the families joined together with their leave you with from that morning. the floor this afternoon to mark 5 friends and started up small charitable Daniel Barden is one of the young boys years since the unthinkable—since 20 6- organizations in the wake of the Sandy killed in that elementary school. His year-olds and 7-year-olds and 6 of their Hook shooting, trying to find a way to older brother went to school at a dif- educators were killed in an elementary take the beauty of these kids and ferent time than he did. He would get school in Connecticut. It changed the transfer it to others. They are almost up earlier and go down to the bus stop town of Newtown. It changed this too numerable to mention. earlier than Daniel would, so they nor- country in the way that we think The Ana Grace Project gives out a mally wouldn’t really see each other in about gun violence. And it certainly scholarship every year at Western Con- the morning. For some reason, the changed me. I want to offer a few necticut State University for incoming morning of the shooting at Sandy thoughts today as we once again me- freshmen who are interested in study- Hook, Daniel got up earlier than he morialize those beautiful children ing music because for her whole life, normally did. He saw that his brother whose lives were cut far, far too short. Ana Grace was surrounded by music. was at the end of the driveway waiting It is easy to spend today—especially The Vicki Soto Memorial Fund do- for the bus. He ran out of the house and those of us who come from Con- nates five books every year to every K– down the driveway to say goodbye to necticut, who are very intimately con- 6 classroom in her hometown of Strat- his brother—goodbye for the day. It nected to the tragedy and to those fam- ford. She was one of the teachers—he- was just a small, tiny act of kindness ilies—drowning in sadness. There is roes of that day. Kids have the oppor- that Daniel thought probably would be really no way to conceive of what it is tunity to read and to learn to love forgotten by his brother by the end of like as a parent to lose a child that reading—which is what she taught to that day, but it has meant the world to young, in that manner, in 5 short min- these kindergarten kids—because of that family, the idea that Daniel got utes in a hail of bullets emanating her foundation. the chance to walk down the driveway from a tactical assault weapon. Twenty The Charlotte Helen Bacon Founda- and say goodbye to his brother before kids who had just walked into their tion pays for therapy dogs for kids and he went to school that day and never classroom, bright and cheery, were families in need, reflecting Charlotte’s came back. gone. love of dogs. Don’t ever think you will have an- It is easy to hang your head, think- The Catherine Violet Hubbard Foun- other chance to say what you want to ing of all of the things that haven’t dation opened an animal sanctuary on say to a loved one, to someone who happened. I have been down to this 32 acres in Newtown to help animals means something in your life. floor over 50 times, often at my wit’s that had been rescued from abusive or A few months ago, one of the Sandy end, raising my voice at my colleagues neglectful environments because of Hook parents arrived unexpectedly in in frustration at our quiet and uninten- Catherine’s love of animals. my office. I got word from the front tional endorsement of the slaughter The list goes on and on. These are desk that she was there. She just want- that happens in this country because small, beautiful miracles that are hap- ed to stop in for a few minutes. I said: we haven’t passed a single piece of leg- pening all across Connecticut and all Of course, send her back. This mom islation trying to make sense of our across the country in trying to honor had lost her child. I have come to know Nation’s gun laws. In fact, to the ex- the memory of these kids and their her very well. She burst into my office tent we have made changes in gun educators. and she flung her arms around me and laws, it has compounded the problem, Then there are miracles that have she whispered into my ear: Keep going. not remedied it. happened in the context of public pol- She unclasped her arms and looked at But I want to spend my brief time icy. A year ago this week, I sat at the me and said: That is all I wanted to here today not focusing on the sadness White House with a few of the Sandy come and tell you. After a few pleas- of today—it is there; it is inescapable— Hook parents, quietly in the back of an antries, she walked out the door. and not focusing on what we haven’t auditorium, as President Obama signed Keep going. That is what Newtown done but focusing on so many miracles, into law the 2016 Mental Health Reform has done over the last 5 years. That is big ones and small ones, that have oc- Act, which would not have become law what those families have found the curred in and around the lives of those without the input and activism of the courage to do over the last half a dec- who have been affected in Newtown, Sandy Hook parents and many other ade. CT, over the last 5 years. survivors of gun violence. For those of us who believe the laws First, there are these individual mir- Our gun violence problem is not a of this country must change in order to acles that have happened within these mental health problem, per se. There is protect kids like those who lost their families. Again, very few people under- no inherent connection between mental lives in Sandy Hook, it is what we do. stand the kind of crippling pain that illness and gun violence. But there is As we mark 5 years since the violence comes with this loss. While these fami- no mistaking that the shooter in New- at Sandy Hook Elementary School, we lies will never be the same, they have town—as has been the case in so many keep going. found ways to rebound. They have other of these mass slaughters—had I yield the floor.

VerDate Sep 11 2014 00:53 Dec 15, 2017 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.028 S14DEPT1 December 14, 2017 CONGRESSIONAL RECORD — SENATE S8033 Mr. BENNET. Mr. President, I sug- LEGISLATIVE SESSION order. This order made dramatic gest the absence of a quorum. changes to how the internet is classi- The PRESIDING OFFICER. The fied for purposes of Federal regulation. clerk will call the roll. MORNING BUSINESS Until 2015, broadband internet was The legislative clerk proceeded to Mr. LEE. Mr. President, I ask unani- classified as an information service. As call the roll. mous consent that the Senate proceed such, it was subject to light-touch reg- Mr. BENNET. Mr. President, I ask to legislative session for a period of ulations that allowed innovators to unanimous consent that the order for morning business, with Senators per- build without seeking permission from the quorum call be rescinded. mitted to speak therein for up to 10 the Federal Government. This classi- The PRESIDING OFFICER. Without minutes each. fication reflected common sense, and it objection, it is so ordered. The PRESIDING OFFICER. Without reflected the intent of Congress. Under the previous order, all objection, it is so ordered. The internet is a fast-moving infor- postcloture time is yielded back. f mation superhighway. If slow-moving government regulators had gotten in- The question is, Will the Senate ad- NET NEUTRALITY vise and consent to the Ho nomination? volved decades ago, it could have inhib- Mr. BENNET. Mr. President, I ask Mr. LEE. Mr. President, earlier ited innovation—the same kind of in- for the yeas and nays. today, the FCC voted to reverse a novation that keeps service fast and The PRESIDING OFFICER. Is there a major impediment to a free and open keeps prices low for all Americans. sufficient second? internet—the title II internet regula- Not only was this a commonsense ar- There is a sufficient second. tions that were imposed under Presi- rangement, it facilitated a virtual ren- The clerk will call the roll. dent Obama in 2015. These regulations aissance of innovation and discovery in The bill clerk called the roll. are commonly referred to as net neu- this increasingly important part of our Mr. CORNYN. The following Senators trality. For the sake of convenience, economy. This renaissance gave us are necessarily absent: the Senator that is what I will call it. things like smartphones, ridesharing, I want to congratulate FCC Chair- from Mississippi (Mr. COCHRAN) and the and super-fast fiberoptic internet serv- man Ajit Pai for his brave accomplish- Senator from Arizona (Mr. MCCAIN). ices. It gave us 3G, 4G, and then, soon, Mr. DURBIN. I announce that the ment today. He has fought for what he 5G wireless service. This period also Senator from West Virginia (Mr. knows is right, and he has done so in gave us Twitter. One could argue that the face of tremendous pressure and, at MANCHIN) and the Senator from Wash- maybe this wasn’t all good but mostly times, overwhelming opposition. I also ington (Mrs. MURRAY) are necessarily good. absent. want to use this opportunity to correct Overall, the light-touch regulatory The PRESIDING OFFICER (Mr. the record about what it is that the arrangement works pretty well for or- FCC has actually accomplished. dinary users, big companies, and entre- PERDUE). Are there any other Senators in the Chamber desiring to vote? There is an astonishing amount of preneurs who are just starting out in The result was announced—yeas 53, misinformation about this issue, and their garages. Contrary to net nays 43, as follows: there is a lot of hyperbole surrounding neutrality’s most aggressive defenders, it. If you believe the passionate voices the internet of 2014 was not some sort [Rollcall Vote No. 317 Ex.] defending these regulations, then you of hopeless hellscape; it was actually YEAS—53 may believe that the FCC just jeopard- pretty awesome. Alexander Flake Paul ized the entire internet as we know and The FCC threatened all of that in the Barrasso Gardner Perdue love it and sometimes loathe it. These early weeks of 2015 when it reclassified Blunt Graham Portman Boozman Grassley Risch activists tend to paint a scary vision of broadband internet as a ‘‘telecommuni- Burr Hatch Roberts America without net neutrality—a vi- cations service.’’ This innocuous- Capito Heitkamp Rounds sion in which large internet service sounding change subjected the internet Cassidy Heller Rubio providers prey on ordinary consumers to a whole host of regulations that Collins Hoeven Sasse Corker Inhofe were originally meant for New Deal-era Scott and startup businesses, a vision in Cornyn Isakson Shelby which internet access would be ra- telephone monopolies like Ma Bell. In Cotton Johnson Strange essence, the government imposed 1930s- Crapo Kennedy tioned or bundled up in very expensive, Cruz Lankford Sullivan unaffordable packages. One viral tweet style regulations on 21st-century tech- Daines Lee Thune even suggested that Google would start nology. This outdated arrangement has Tillis Donnelly McCaskill charging two bucks apiece for internet worked about as well as one might ex- Enzi McConnell Toomey Ernst Moran Wicker searches. pect. Broadband internet investment Fischer Murkowski Young These are falsehoods, every one of has fallen significantly since the net NAYS—43 them, and they will be exposed as such neutrality regulations were proposed in in the coming days, weeks, and 2011. Dr. George Ford of the Phoenix Baldwin Gillibrand Reed Bennet Harris Sanders months, when the internet hums right Center estimates that between 2011 and Blumenthal Hassan Schatz along just like usual and skyscrapers 2015, just the threat of internet regula- Booker Heinrich Schumer in all of our major cities remain stand- tion scared off $200 billion in invest- Brown Hirono Shaheen ment. Cantwell Kaine ing. In the wake of that, we are going Stabenow to look back at these dire predictions, Since the regulations were imposed Cardin King Tester Carper Klobuchar Udall these mere hysterics, like the Y2K bug in 2015, broadband internet investment Casey Leahy Van Hollen or the Mayan apocalypse of 2012. In the has declined by 5.6 percent. That is bil- Coons Markey Warner Cortez Masto Menendez present, these exaggerations have real- lions of lost dollars over just 2 years. Warren Duckworth Merkley world consequences that go far above As Chairman Pai has noted, this is the Durbin Murphy Whitehouse first ever decline in broadband invest- Wyden and beyond scaring the public. Feinstein Nelson In the last 6 months, Chairman Pai ment outside of a recession, and this Franken Peters and his family have been attacked in recession just happens to be self-im- NOT VOTING—4 the grossest and most unacceptable posed. It may not seem like a big deal Cochran McCain terms. Even his children have been sin- to you that government is squeezing Manchin Murray gled out for intimidation. These kinds out billions in internet investment, but The nomination was confirmed. of attacks have absolutely no place in it hurts you and it hurts your fellow The PRESIDING OFFICER. Under our public discourse. Why don’t we citizens in material ways, in ways that the previous order, the motion to re- tone down the rhetoric and see if we might not always be obvious. Less in- consider is considered made and laid can get to the truth about net neu- vestment means less fiber optic cable, upon the table and the President will trality. We can start with a little back- fewer towers, and fewer wi-fi hotspots. be immediately notified of the Senate’s ground. This translates into spottier coverage action. In 2015, the Democratic-controlled and slower speeds for Americans, espe- The Senator from Utah. FCC issued the so-called open internet cially those living on the periphery of

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