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, TUESDAY, MARCH 28, 2017 No. 54 House of Representatives The House met at 10 a.m. and was The RECLAIM Act will send $1 bil- gram that helps low-income families called to order by the Speaker pro tem- lion in Federal funds to Appalachia to lead healthier lives through education. pore (Mr. WOODALL). revitalize and diversify coal commu- SNAP-Ed works to help individuals f nities and to create new jobs. For West who benefit from the Supplemental Nu- Virginia, that means nearly $200 mil- trition Assistance Program, SNAP. It DESIGNATION OF SPEAKER PRO lion over 5 years to invest in our coal- aims to help people make healthy TEMPORE fields. This money will allow us to re- choices within a limited budget and The SPEAKER pro tempore laid be- develop abandoned mine lands, bring choose active lifestyles consistent with fore the House the following commu- new companies and industries to West the current dietary guidelines for nication from the Speaker: Virginia, and provide more jobs for our Americans. people. WASHINGTON, DC, As chairman of the Agriculture Com- March 28, 2017. Now, the RECLAIM Act doesn’t mean mittee’s Nutrition Subcommittee, we I hereby appoint the Honorable ROB we are giving up on coal. Far from it. have been examining SNAP and how we WOODALL to act as Speaker pro tempore on Coal is our heritage and must play an can improve it in the next farm bill. this day. important part in our State’s future. SNAP-Ed is an important part of this, PAUL D. RYAN, But while we are bringing back our and the results show that it works. Speaker of the House of Representatives. coal jobs, we must also look at how we In my home State of Pennsylvania, f can redevelop these former mine sites. 17 percent of people are living below Many of these sites are currently sit- the poverty line; 1.8 million Pennsylva- MORNING-HOUR DEBATE ting vacant, and our towns and coun- nians are eligible for SNAP; 85 percent The SPEAKER pro tempore. Pursu- ties just don’t have the funds to rede- of Pennsylvania adults do not eat the ant to the order of the House of Janu- velop these sites so that their job-cre- recommended daily amounts of fruits ary 3, 2017, the Chair will now recog- ating potential can be unleashed. The and vegetables; and 14 percent of Penn- nize Members from lists submitted by RECLAIM Act will prioritize hard hit sylvanians are food insecure, meaning the majority and minority leaders for States like West Virginia and help em- they lack reliable access to a sufficient morning-hour debate. ploy hundreds of laid-off West Vir- quantity of affordable, nutritious food. The Chair will alternate recognition ginians to prepare these sites for new Mr. Speaker, SNAP-Ed helps low-in- between the parties, with each party developments and new industries. come families stretch tight budgets limited to 1 hour and each Member In addition, once these sites are open and bring home healthy foods from the other than the majority and minority for business, new employers will create grocery store. It teaches low-income leaders and the minority whip limited hundreds, if not thousands, of good- families how to prepare nutritious to 5 minutes, but in no event shall de- paying jobs. The RECLAIM Act can be meals. bate continue beyond 11:50 a.m. and should be part of the solution to SNAP-Ed is a $400 million program revitalize our coal fields. awarded through Federal grants to f I want to say thank you to Leader State agencies. SNAP-Ed has the flexi- MCCONNELL and Senator CAPITO in the SUPPORTING RECLAIM ACT bility to work in schools, grocery Senate for their leadership on this The SPEAKER pro tempore. The measure as well. stores, parks, even public gyms. SNAP- Chair recognizes the gentleman from Mr. Speaker, I urge my colleagues in Ed offers many different forms of di- West Virginia (Mr. JENKINS) for 5 min- both the House and the Senate to join rect education and takes community utes. us in supporting this important legisla- input into consideration when devel- Mr. JENKINS of West Virginia. Mr. tion and helping Appalachia. oping education programs. Speaker, coal communities in my dis- Another food education program au- trict and across America and across f thorized through the farm bill is the Appalachia are struggling. The war on SNAP-ED HELPS LOW-INCOME Expanded Food and Nutrition Edu- coal has decimated many small towns FAMILIES cation Program. This program is an ap- and left thousands of hardworking coal The SPEAKER pro tempore. The proximately $68 million initiative oper- miners without jobs. Chair recognizes the gentleman from ated through the Cooperative Exten- Help is on the way—the RECLAIM Pennsylvania (Mr. THOMPSON) for 5 sion Service of land grant universities. Act, introduced by Congressman HAL minutes. It delivers direct education via peer ROGERS. I am proud to be a sponsor Mr. THOMPSON of Pennsylvania. educators in a series of interactive with him. Mr. Speaker, I rise to highlight a pro- hands-on lessons to improve four core

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

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VerDate Sep 11 2014 00:49 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A28MR7.000 H28MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2468 CONGRESSIONAL RECORD — HOUSE March 28, 2017 areas: diet quality and physical activ- Chernobyl’s and the more recent one in people for their concerns about the ity, food resource management, food Fukushima, Japan. But Belarus has Astravets nuclear power plant. I share safety, and food security. chosen to skip four of the six steps, in- their concerns. I hope Belarus will The Expanded Food and Nutrition cluding crucial steps, and ignore the calm their fears by allowing in inter- Education Program tends to be less people in the land of Lithuania. national experts and representatives. flexible in how it delivers services than There is a real concern that the main Belarus should also comply with the SNAP-Ed, but it has the capacity to purpose behind the project is to grow International Atomic Energy Agency’s reach more people than SNAP-Ed be- Russian influence and power, especially recommendations for the design, con- cause it operates in more areas, both over energy, in the European Union. struction, and running of safe nuclear urban and rural, across this country. The President of Belarus said that the power plants. Mr. Speaker, both of these edu- Astravets plant and another Russian f cational programs are helping low-in- plant are a fishbone in the throat of come families lead healthier lives and the European Union and the Baltic RECESS make better choices when it comes to States. The SPEAKER pro tempore. Pursu- nutritious food. Through education we Nuclear power plants in sensitive ant to clause 12(a) of rule I, the Chair can help ensure that American fami- areas should be discussed within the declares the House in recess until noon lies—especially children—learn about Espoo Convention. Nearly all of Lith- today. the importance of a balanced diet as uania is within 186 miles of the plant, Accordingly (at 10 o’clock and 12 part of a healthy lifestyle and the joy which means that, if a disaster were to minutes a.m.), the House stood in re- of preparing their own meals. strike, the land of Lithuania could be cess. Mr. Speaker, I look forward to affected. The country’s drinking water f strengthening these programs in the could also be affected since the plant is next farm bill so that we can continue supposed to draw water from the Neris b 1200 to educate and serve American fami- River that supplies drinking water to AFTER RECESS lies. Lithuania. The recess having expired, the House f But incidents are occurring that cast doubt on Belarus’ commitment to was called to order by the Speaker pro CONCERNS BREWING ABOUT NU- working with neighbors and ensuring tempore (Mr. POE of Texas) at noon. CLEAR POWER PLANT CON- the plant is safe. In 2016, four accidents f STRUCTION occurred, and Belarus has failed to be PRAYER The SPEAKER pro tempore. The upfront with Lithuania about any of Chair recognizes the gentleman from them. Rabbi Sanford D. Akselrad, Con- Illinois (Mr. SHIMKUS) for 5 minutes. A 330-ton nuclear reactor shell was gregation Ner Tamid, Henderson, Ne- Mr. SHIMKUS. Mr. Speaker, I rise to allegedly dropped from about 13 feet vada, offered the following prayer: address concerns brewing in Lithuania last summer. Belarus did not reveal O source of wisdom, gathered before and other Baltic States about the con- anything about the incident until inde- this august body, I ask Your blessings struction of a nuclear power plant. pendent media reported it, and then upon us. This plant is 121⁄2 miles from the Lith- downplayed it. Decisions impacting the fate of our uanian border and in sight of Vilnius, Building a nuclear power plant re- country weigh heavily upon our lead- Lithuania’s capital and largest city. quires care in construction according ers. They stand here with backs bowed, I speak here not only as a friend of to the most stringent standards with eyes turned downward, shoulders the Baltic people and as a descendant the utmost transparency, and for the formed into an amorphous shrug. of Lithuanian immigrants, but also as best reasons. This plant fails on all I pray, therefore, that You will grant co-chair of the Baltic Caucus and four counts. It is in the wrong location. our leaders strength to stand tall. chairman of the Subcommittee on En- It has been irresponsibly handled. With eyes raised skyward, seeing vironment. Instead of transparency, we have today, tomorrow, and the next, let Like all my colleagues here, I am seen stonewalling and obfuscation. In- them govern our country with compas- concerned about ensuring the security, stead of making the most economic sion, courage, and insight. integrity, and safety of nuclear sense, this plant seems to make good Let them stand tall to give voice to projects in Europe and around the geopolitical sense—and for Russia, not those who feel unheard and presence to world. Here is the capital of Lithuania, for Belarus. those too long ignored. Vilnius, and that is where the power Mr. Speaker, let me be clear. No one Let the pursuit of justice and mercy plant is being built. here objects to the safe, secure design, lift them with heavenly wings, closer This site was first chosen during the construction, and running of a nuclear still to Heaven than before. era of the Soviet Union but was halted power plant. But the people of Lith- Let them stand tall. after the Chernobyl disaster in 1986, uania are firmly opposed to irrespon- Amen. which contaminated a quarter of sible attitudes toward nuclear power, f Belarus. Now, in 2019, Belarus is sup- particularly so close to their most pop- posed to house a different Moscow-run ulous city. THE JOURNAL nuclear power plant, this one run by This concern makes sense. As chair- The SPEAKER pro tempore. The the Russian state-owned company man of the House Subcommittee on Chair has examined the Journal of the Rosatom. Environment and long-time observer of last day’s proceedings and announces This project is very environmentally Eastern Europe, Mr. Speaker, I can as- to the House his approval thereof. sensitive. Both Lithuania and Belarus sure you that the people of the United Pursuant to clause 1, rule I, the Jour- are signatures to the Espoo Conven- States have no better friend than the nal stands approved. tion. The Espoo Convention calls for people of Lithuania. f member states to consult with bor- Lithuanians have the right and the dering countries about such projects, responsibility to ensure their and their PLEDGE OF ALLEGIANCE to allow experts to review information children’s environmental security. The SPEAKER pro tempore. Will the about the projects, and to share infor- They should not be expected to accept gentleman from New York (Mr. HIG- mation with bordering countries about inadequate or misleading information GINS) come forward and lead the House safety and security of these projects. about a serious, environmentally sen- in the Pledge of Allegiance. Building a nuclear power plant is sitive project right on their borders. Mr. HIGGINS of New York led the hard, especially when it is a country’s The Government of Belarus should re- Pledge of Allegiance as follows: first. That is why the International spect the commitments it has made, I pledge allegiance to the Flag of the Atomic Energy Agency has rec- including with its neighbors. United States of America, and to the Repub- ommended a six-step review process Until these issues are resolved, Mr. lic for which it stands, one nation under God, meant to prevent disasters like Speaker, I cannot fault the Lithuanian indivisible, with liberty and justice for all.

VerDate Sep 11 2014 00:49 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K28MR7.002 H28MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 28, 2017 CONGRESSIONAL RECORD — HOUSE H2469 WELCOMING RABBI SANFORD reach Committee (to interfaith families) of the investigation for defrauding Medicare AKSELRAD URJ. and the Federal Government out of bil- The SPEAKER pro tempore. Without Rabbi Akselrad’s community contributions lions of dollars. UnitedHealthcare’s objection, the gentlewoman from Ne- and leadership are the best example of Con- CEO made $66 million in 2014—one man, vada (Ms. ROSEN) is recognized for 1 gregation Ner Tamid’s commitment to Tikkun one salary, in 1 year—$66 million under minute. Olam and Social Justice. investigation for defrauding the Medi- There was no objection. May he continue to serve us all with grace, care program; and your bill, on page 67, Ms. ROSEN. Mr. Speaker, I am proud compassion, and strength. in seven simple words, would have re- to stand here today and introduce my f warded this potentially criminal be- friend, Rabbi Sanford Akselrad. As havior with a massive tax cut. leader of Congregation Ner Tamid, he ANNOUNCEMENT BY THE SPEAKER Mr. Speaker, Americans, on average, has been a friend, a mentor, and my PRO TEMPORE will pay more than $10,000 per person rabbi for 25 years. The SPEAKER pro tempore. The for health care this year. Let’s use the His vision for a campus, a spiritual Chair will entertain up to 15 further re- enormous leverage of the Federal Gov- hub, has been realized in his nearly 30- quests for 1-minute speeches on each ernment to drive down those costs and year career at Congregation Ner side of the aisle. to drive up quality for all Americans. Tamid. He has led us with strength, f f with poise, and with wisdom as he has REMEMBERING JOHN CRUTCHER shared in the sorrows and joys—from NATIONAL MEDAL OF HONOR DAY (Ms. FOXX asked and was given per- the simchas to the shivas—of our en- (Mr. WILSON of South Carolina mission to address the House for 1 tire community. asked and was given permission to ad- minute.) His work in both the outreach and dress the House for 1 minute and to re- Ms. FOXX. Mr. Speaker, today I rise interfaith communities has left impact vise and extend his remarks.) to mourn the loss of John Crutcher, and meaning on so many lives across Mr. WILSON of South Carolina. Mr. who passed away on March 12, 2017, at the Las Vegas Valley and beyond. Speaker, last Saturday, March 25, the age of 100. May he continue to serve us all with marked National Medal of Honor Day. grace, compassion, and strength. A native of Kansas, John spent many Designated by Congress in 1990, the Na- years in public service, including Mr. Speaker, as leader of Congregation Ner tional Medal of Honor Day celebrates Tamid, he has been a friend, a mentor, and teaching in a one-room school on the each of the men and women who have prairie. He was elected to a seat in the my rabbi for 25 years. earned America’s highest, most pres- Since moving to Las Vegas in 1988, Rabbi Kansas Senate and served two terms as tigious military decoration. Lieutenant Governor in his home Akselrad has served as the spiritual leader of I am grateful that South Carolina Congregation Ner Tamid. State. In 1982, President Reagan ap- has a long tradition of military service, pointed him to the Federal Postal Rate His vision for a campus, a spiritual hub has with 34 Medal of Honor recipients, in- been realized in his nearly 30-year career at Commission, where he gained a reputa- cluding the youngest living honoree, tion as an outspoken critic of the Post- Congregation Ner Tamid. Corporal Kyle Carpenter of Gilbert. He has led us with strength, with poise, and al Service. To mark National Medal of Honor with wisdom and has shared in the sorrows In World War II he served as a Navy Day, I join Medal of Honor recipient and joys from the simchas to the shivas of our officer in the Pacific theater and Major General James Livingston and entire community. Korea. He retired as a captain in the South Carolina Attorney General Alan His work in both the Interfaith and Outreach U.S. Naval Reserve and always re- Wilson with a wreath-laying ceremony communities has left impact and meaning on mained active in Navy organizations. at Mount Pleasant Memorial Garden. so many families across the Las Vegas Valley. A true, very modest gentleman, John His unwavering commitment to building a The inspiring program was organized was respected and beloved by all who strong community as our Congregation’s spir- by the Fort Sullivan Chapter, National knew him. He will be greatly missed in itual leader and in creating a vibrant Jewish Society Daughters of the American the mountains of North Carolina, community in Southern Nevada has not gone Revolution, led by Regent Nancy which he came to call home after unnoticed. Herritage. marrying his lovely wife, Edith. Additionally, congratulations to the During this time, the Synagogue grew from f approximately 60 to over 600 families, becom- University of South Carolina women’s KEEP THE CLEAN POWER PLAN ing the largest Reform Synagogue in the State basketball team and head coach Dawn INTACT of Nevada. In his nearly 27 years of service to Staley on their victory in the Elite our Congregation, Rabbi Akselrad has served Eight last night. I am happy to cheer (Mr. WELCH asked and was given on a wide variety of community boards includ- for the Gamecocks as they head to Dal- permission to address the House for 1 ing the Humana Hospital Pastoral Advisory las, Texas, for their second Final Four minute and to revise and extend his re- Board, the Jewish Federation of Las Vegas, appearance in just 3 years. marks.) Jewish Family Services and the National Con- In conclusion, God bless our troops. Mr. WELCH. Mr. Speaker, President ference of Community and Justice. We will never forget September the Trump today plans to unravel the A firm believer in K’lal Israel and building a 11th in the global war on terrorism. Clean Power Plan that, once imple- strong Jewish community, Rabbi Akselrad has f mented, would reduce carbon emissions spearheaded many community-wide boards, by 870 million tons, the equivalent of USE LEVERAGE OF FEDERAL GOV- commissions, and organizations that have 166 million cars. ERNMENT TO IMPROVE QUALITY helped shape the Jewish community we live in Why? False science, false economics. AND COST OF HEALTH CARE today. Some of the best minds of the 18th In the wake of the Great Recession of the (Mr. HIGGINS of New York asked and century apparently are advising Presi- late 2000’s, Rabbi Akselrad envisioned Project was given permission to address the dent Trump on science matters. This Ezra, a partnership between the Jewish Fed- House for 1 minute.) planet is melting. We have had the eration of Las Vegas, the Board of Rabbis, Mr. HIGGINS of New York. Mr. worst wild weather in centuries; the and Jewish Family Service Agency. Project Speaker, last week’s healthcare dis- three hottest years on record. Let’s not Ezra helps people of all faiths secure new em- aster was instructive because, in the deny what is before our very eyes, false ployment in this changing economic climate. end, it was never really about health economics. Rabbi Akselrad is currently a board member care at all. President Trump apparently believes of the Anti-Defamation League of Las Vegas Your plan was a thinly-veiled scheme we have to make a choice: either jobs and the Interfaith Council of Southern Nevada. to deliver a massive tax cut to health or a clean environment. The exact op- Rabbi Akselrad has served on the National insurance executives and their cronies. posite is true; 8.1 million people world- Commission on Jewish Living, Worship and UnitedHealthcare is one of America’s wide work in clean energy. It will be 24 Music for the Union of Reform Judaism (URJ) largest, private healthcare insurance million in 2030. Solar jobs in Vermont since 1999. He has also served on the Out- companies. UnitedHealthcare is under grew at the fastest pace of any jobs.

VerDate Sep 11 2014 00:49 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K28MR7.004 H28MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2470 CONGRESSIONAL RECORD — HOUSE March 28, 2017 President Trump believes we either WAUSAU-AREA TRAGEDY We should be standing with the pro- have jobs or a clean environment. He (Mr. DUFFY asked and was given testers. Two-thirds of Americans want has it exactly wrong. We have both or permission to address the House for 1 to see a complete, independent 9/11- we have neither. minute.) style investigation into the Russian A confident nation faces its prob- Mr. DUFFY. Mr. Speaker, it is with a connection, and we owe them no less. lems. It doesn’t deny them. Keep the heavy heart that I rise today to recog- f Clean Power Plan intact. nize the loss of four members of our b 1215 greater-Wausau community. It was last f week that four lives were taken from HONORING THE LIFE OF NEYLE WILSON CELEBRATING THE LIFE OF us all too early. ANAND NALLATHAMBI Karen Barclay was warm and caring (Mr. RICE of South Carolina asked to everyone around her. At Marathon and was given permission to address (Mrs. MIMI WALTERS of California Savings Bank, she made sure that no the House for 1 minute.) asked and was given permission to ad- child left the bank without a lollipop. Mr. RICE of South Carolina. Mr. dress the House for 1 minute.) Dianne Look, known as Dee-Dee, Speaker, I rise today to recognize my Mrs. MIMI WALTERS of California. celebrated her 25th wedding anniver- friend and an outstanding man from Mr. Speaker, I rise in memory of sary last month. Dianne loved to make my home in Horry County, South Caro- Anand Nallathambi, who passed away jewelry, raising money for the Amer- lina, who has dedicated his entire life on March 2. Mr. Nallathambi epito- ican Cancer Society. to education and public service. Mr. mized the American Dream, rising Sara Quirt-Sann had an infectious Neyle Wilson retired last month after from humble beginnings to become the laugh. She ran her own law practice, 14 years of serving as the president of president and CEO of CoreLogic, a and she proudly served as a guardian Horry Georgetown Technical College global company based in Irvine. ad litem for kids in our community. and leaves behind a great legacy of He led CoreLogic from its 2010 launch We also lost Detective Jason Weiland selflessness and devotion to education as a public company and transformed it of the Everest Metro Police Depart- in the community. into a high-performing leader in the ment, who was killed in the line of Under Mr. WILSON’s direction, Horry housing market, employing over 5,000 duty. Serving 18 years in what was de- County Technical College added nine Americans. Beyond his business leader- scribed as his dream job, Detective new buildings, 40 new programs of ship, Mr. Nallathambi volunteered his Weiland wore the Everest Metro PD study, and saw enrollment double. He time generously with many organiza- uniform because he wanted to protect never failed to go above and beyond to tions, including Operation HOPE and people and keep his community safe. complete the task at hand. Often he Cal State Fullerton. On behalf of this institution, I rise to was called on at the last minute to pro- He will long be remembered for his extend my deepest regrets to their fam- vide education or skilled workplace outstanding leadership, warm person- ilies, their mothers and fathers, hus- training to fill spots at existing local ality, integrity, devotion to his family bands and wives, and children, who no businesses or businesses looking to and faith, and service to the commu- longer have a special member in their move to Horry County to employ nity. homes. South Carolinians, and he always came Please join me in celebrating the life f through. of Mr. Nallathambi. COMPLETE INVESTIGATION NEED- Mr. WILSON was a credit to Horry County Technical College and the en- f ED INTO RUSSIAN CONNECTION tire Grand Strand community. He led (Mr. RASKIN asked and was given thousands of South Carolinians to LEAVE REPEAL AND REPLACE permission to address the House for 1 EFFORTS BEHIND meaningful jobs. Through these and his minute.) many other meaningful contributions, (Mr. KILDEE asked and was given Mr. RASKIN. Mr. Speaker, every he will always be remembered. permission to address the House for 1 American who loves freedom, democ- minute.) racy, and public integrity this week is f Mr. KILDEE. Mr. Speaker, on Friday, expressing solidarity with the hundreds CELEBRATING MONROE COUNTY when House Republicans withdrew of thousands of anticorruption pro- DUCKS UNLIMITED TrumpCare, it was a victory for Amer- testers in Russia who took to the (Mr. WALBERG asked and was given ican families. It was a victory for 24 streets on Sunday. That huge throng of permission to address the House for 1 million people who would have lost brave Russians, including hundreds ar- minute.) coverage under that plan. It was also a rested and jailed by agents of Vladimir Mr. WALBERG. Mr. Speaker, this victory for the millions of Americans Putin, were protesting the autocrats past weekend I had the privilege of at- who attended townhall meetings, who and kleptocrats running their country, tending the Monroe County Ducks Un- wrote letters and emails, who spoke up. a key target being Prime Minister limited annual dinner. More than 1,000 Their voices were heard. But we have Dmitry Medvedev, who has amassed people came out to the MB&T Expo more work to do, Democrats and Re- vineyards, luxury yachts, and man- Center to celebrate our hunting and publicans, in order to make sure that sions worth more than $1 billion. fishing heritage. all Americans have access to affordable We should be standing with the pro- As a lifelong outdoorsman, I have health care. testers, but the corrupt autocrats of been a proud supporter of conservation We need now to turn our attention to Russia have found good friends in the policies that protect our wetlands and doing what we can to improve the Af- billionaire Cabinet of international wildlife habitats. The Great Lakes Res- fordable Care Act in a bipartisan way. businessman Donald Trump, whose ad- toration Initiative is a model example We have ways to make this work bet- ministration is administering a spread- of a public-private partnership that has ter. It is not a perfect bill; of course it ing staph infection: disgraced former been invaluable to the health of the isn’t. Nothing we do here is perfect. It National Security Adviser Michael Great Lakes ecosystem. needs improvement, significant im- Flynn, who was paid by Russian com- The GLRI has received widespread bi- provement. We have ways to make that panies to appear at Russian events; partisan support because of the eco- happen that I think Democrats and Re- Secretary of State Rex Tillerson, nomic and environmental benefits it publicans can come together on. former CEO of ExxonMobil and a close brings to Lake Erie, the State of For example, improving access to friend of Vladimir Putin who was Michigan, and the entire Great Lakes prescription drugs by reducing the cost awarded in 2013 a title of nobility region. Mr. Speaker, this critical ini- of those drugs in the marketplace. called the Russian Order of Friendship; tiative is getting results and needs to There are so many things we can do, Paul Manafort, the former Trump cam- be preserved. Republicans and Democrats. We have paign manager who collected $10 mil- I want to thank Monroe County got to roll up our sleeves and get to lion a year to advance the agenda of Ducks Unlimited for all of their con- work. Russia and Russian oligarchs. servation efforts, and I will continue

VerDate Sep 11 2014 00:49 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K28MR7.006 H28MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 28, 2017 CONGRESSIONAL RECORD — HOUSE H2471 working to ensure that future genera- I hope that my Democratic and Re- That the Senate agreed to S.J. Res. 35. tions can enjoy our precious natural publican colleagues hear the outcry That the Senate agreed to S.J. Res. 36. Appointments: resources just like we do today. from across this country that says Congressional-Executive Commission on Mr. Speaker, in a point of personal enough is enough. Let’s fix our broken the People’s Republic of China. privilege, I want to welcome my newest immigration system. With best wishes, I am granddaughter, Hanna Belle, born less We are, after all, a nation of immi- Sincerely, than 2 hours ago in Africa. I welcome grants and a nation of laws. It is the KAREN L. HAAS. her to this life, and God bless her. work of this body to reconcile those f f two to make sure that, moving for- PROVIDING FOR CONSIDERATION ADDRESSING THE FAITH-BASED ward, we can do immigration in a legal OF H.R. 1430, HONEST AND OPEN COMMUNITY CENTER PROTEC- way rather than an illegal way, a way NEW EPA SCIENCE TREATMENT TION ACT that benefits our economy, American ACT OF 2017 workers, and American businesses. Mr. WOODALL. Mr. Speaker, by di- (Mr. MAST asked and was given per- Let’s move forward on comprehensive rection of the Committee on Rules, I mission to address the House for 1 immigration reform now. minute.) call up House Resolution 229 and ask Mr. MAST. Mr. Speaker, a few weeks f for its immediate consideration. ago, I spoke in this Chamber about the CONGRATULATING ELLWOOD The Clerk read the resolution, as fol- threats made against Jewish commu- NATIONAL CRANKSHAFT lows: H. RES. 229 nity centers across this country. I rise (Mr. THOMPSON of Pennsylvania today because, this week, we have Resolved, That upon adoption of this reso- asked and was given permission to ad- lution it shall be in order to consider in the taken bipartisan action to address dress the House for 1 minute and to re- these threats. House the bill (H.R. 1430) to prohibit the En- vise and extend his remarks.) vironmental Protection Agency from pro- As Members of Congress, we have a Mr. THOMPSON of Pennsylvania. posing, finalizing, or disseminating regula- responsibility not only to speak out Mr. Speaker, I rise today to recognize tions or assessments based upon science that against hate, but to take real action to Ellwood National Crankshaft on receiv- is not transparent or reproducible. All points put an end to bigotry and violence. ing STAR certification in the OSHA of order against consideration of the bill are waived. The bill shall be considered as read. This week, I joined with a bipartisan Voluntary Protection Program. group of my colleagues introducing the All points of order against provisions in the Ellwood National Crankshaft, located bill are waived. The previous question shall Faith-Based Community Center Pro- in Irvine, Pennsylvania, is a unique tection Act. be considered as ordered on the bill and on manufacturer of new and reconditioned any amendment thereto to final passage I also want to thank Senator HEIN- crankshafts for medium-speed engines without intervening motion except: (1) one RICH for his leadership on this issue in in the 800- to 6,000-horsepower range. hour of debate equally divided and controlled the Senate. by the chair and ranking minority member Our bill provides over $20 million in Mr. Speaker, in order to attain this distinguished certification, a facility of the Committee on Science, Space, and additional funding to the Department Technology; and (2) one motion to recommit. has met or exceeded the performance- of Homeland Security specifically dedi- The SPEAKER pro tempore. The gen- based criteria for a managed safety and cated to safeguarding faith-based com- tleman from Georgia is recognized for 1 health system. It also passed the rig- munity centers, and it would double hour. the Federal penalty against making orous onsite evaluation conducted by a Mr. WOODALL. Mr. Speaker, for the bomb threats from 5 years to 10 years. team of OSHA safety and health ex- purpose of debate only, I yield the cus- Think about that, bomb threats from perts. tomary 30 minutes to my friend from This recognition is even more signifi- just 5 years to 10 years. These are com- Colorado (Mr. POLIS), pending which I monsense changes, and this is a simple, cant, knowing that Ellwood National yield myself such time as I may con- affordable solution to a very serious Crankshaft is one of only a few forging sume. During consideration of this res- problem. and process safety management facili- olution, all time yielded is for the pur- Mr. Speaker, today I am calling on ties to obtain the STAR status. Its pose of debate only. motto, ‘‘Injury free every day,’’ echoes my colleagues to join us as defenders of GENERAL LEAVE human dignity because it is the decent, the importance of safety throughout Mr. WOODALL. Mr. Speaker, I ask humane thing to do. the plant. unanimous consent that all Members I commend Ellwood National Crank- f have 5 legislative days to revise and ex- shaft for making safety a top priority. tend their remarks. TIME FOR IMMIGRATION REFORM Everyone wins when there are fewer The SPEAKER pro tempore. Is there IS NOW days missed due to injuries or illness. objection to the request of the gen- (Mr. POLIS asked and was given per- Congratulations on earning this pres- tleman from Georgia? mission to address the House for 1 tigious certification and for placing There was no objection. minute and to revise and extend his re- such a high standard on the welfare of Mr. WOODALL. Mr. Speaker, I hold marks.) all the people employed at Ellwood Na- in my hand House Resolution 229. You Mr. POLIS. Mr. Speaker, the time for tional Crankshaft. heard the Clerk read it moments ago. immigration reform is now. f Page 1 and page 2. Folks can find it on If we want to increase the growth rules.house.gov if they haven’t had a COMMUNICATION FROM THE rate of our economy, fixing our broken chance to see it already. It provides a immigration system will do that. CLERK OF THE HOUSE closed rule for consideration of H.R. If we want to restore the rule of law The SPEAKER pro tempore laid be- 1430, Honest and Open New EPA and improve our national security so fore the House the following commu- Science Treatment Act of 2017. we know who is here, immigration re- nication from the Clerk of the House of If you work through that title, Mr. form will do that. Representatives: Speaker, the Honest and Open New If we want to prevent undocumented OFFICE OF THE CLERK, EPA Science Treatment Act, you will workers from undermining wages for HOUSE OF REPRESENTATIVES, find that ‘‘honest’’ is what those let- American workers, immigration re- Washington, DC, March 28, 2017. ters spell out. It is the HONEST Act. form will do that by making sure that Hon. PAUL D. RYAN, In the past, the Rules Committee has people who work here are registered The Speaker, House of Representatives, reported structured rules for consider- and get right with the law and can Washington, DC. ation of this very bill. In this case, Mr. move forward in a legal manner. DEAR MR. SPEAKER: Pursuant to the per- Speaker, there were no amendments of- There are so many reasons to pass a mission granted in Clause 2(h) of Rule II of the Rules of the U.S. House of Representa- fered in committee. There were no bipartisan immigration reform bill tives, the Clerk received the following mes- amendments presented in the Rules similar to the one that passed the sage from the Secretary of the Senate on Committee last night. We have re- United States Senate with more than March 28, 2017, at 9:14 a.m.: ported a closed rule for consideration two-thirds support just a few years ago. That the Senate agreed to S.J. Res. 30. of this bill.

VerDate Sep 11 2014 00:49 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K28MR7.008 H28MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2472 CONGRESSIONAL RECORD — HOUSE March 28, 2017 Science is, Mr. Speaker, in the EPA’s tainly been a characteristic of our amendments or any changes to this own words, the backbone of EPA’s deci- great country for over 200 years. rule, and the Rules Committee never sionmaking. President Obama, in 2011, But in these days of information called for those amendments. issued an executive order about how pouring out of the administration at Now, if the goal of this bill is some- agencies should go about making the the speed of the internet, it is more how to increase government trans- regulatory process more effective. He critical than ever that we make that parency, why don’t we start with the said, and I quote: ‘‘Each agency shall information available to the public. lawmaking process and have an open ensure the objectivity of any scientific With the ability today to understand rule that allows Democrats and Repub- and technological information and that information, to process that infor- licans to improve a bill and offer their processes used to support the agency’s mation, to compile that information, best ideas forward? And if they are regulatory actions.’’ to inspect that information in details good ideas, they will be incorporated We talk so much about what divides never before imagined, it is incumbent into the bill. If they are bad ideas and us in this institution, in this town, upon us to make sure that America has can’t command a majority of this body, sometimes even in this country, Mr. that opportunity. they will be defeated. Speaker, I think that point is worth With that, Mr. Speaker, I would en- But, unfortunately, these partisan dwelling on. courage my colleagues to support this tactics that were seen trying to ram Again, quoting from former Presi- rule to bring the bill to the floor and through legislation last week that dent Barack Obama: ‘‘Each agency then to support the underlying legisla- failed when the Speaker and the Presi- shall ensure the objectivity of any sci- tion so that we can pass the HONEST dent refused to work across the aisle entific and technological information Act, bringing clarity and transparency with us on healthcare reform and now and processes used to support the agen- to the EPA rulemaking process. on improving the process at the EPA, cy’s regulatory actions.’’ Mr. Speaker, I reserve the balance of instead of working with us to improve It is what the HONEST Act aims to my time. science, they are seeking to undermine do, Mr. Speaker. It aims to provide the b 1230 the integrity of the important sci- American public with the data that the entific work done at the Environ- EPA uses in each of its regulatory ac- Mr. POLIS. Mr. Speaker, I yield my- mental Protection Agency and bury tions. self such time as I may consume, and I the Environmental Protection Agency It would come as a surprise to many thank the gentleman for yielding me in red tape. Americans, Mr. Speaker, to learn that the customary 30 minutes. The underlying legislation that this there are Agency actions that take Mr. Speaker, I rise in opposition to rule talks about has a lot of problems, place based entirely on undisclosed the rule and the underlying legislation. Mr. Speaker, and so many problems, in data sets, that the regulatory arm of First, when the gentleman from Geor- fact, I won’t even be able to talk about government can be at work based on gia said there were no amendments them all during my limited time for secret data that will never be released brought forward on this in the Rules debate here. Hopefully they will be to the American public to verify, to Committee, that is partial truth but able to cover some more during the de- confirm in this what is often, in sci- not the entire truth. bate on the bill. entific communities, referred to as The entire truth is, when we have a The first issue I want to address that peer-reviewed literature. process whereby Members believe that is highly problematic with this bill, We believe that, if we are making the there might be an amendment process, rules, we should be able to expose the and it is something that is so impor- there is something called a call for tant to the American people—liberal, data on which those rules are based to amendments which is issued. Often our scrutiny and, in fact, to challenge, Mr. conservative, and moderate—and that chair, Mr. SESSIONS, and my friend Speaker. is the issue of privacy. from Georgia has heard Mr. SESSIONS One thing I have learned in this job is This bill would undermine the pri- come down to the floor and say: We are sometimes I am not as smart as I think vacy of American families in a number calling for amendments on this bill. I am. I don’t know if that has ever hap- of ways. What it would do is prohibit pened to you, Mr. Speaker. I am sure it Submit them. The Rules Committee the Environmental Protection Agency, has never happened to my friend from will consider them and allow some of an agency that exists to protect our Colorado. But sometimes we are not as them to advance to the floor. At least health, from taking any action unless smart as we think we are. Sometimes you know you have a fair shot. it is based on data that is fully avail- being challenged makes us better. In this particular case, there was no able to the public. Now, that sounds The HONEST Act, Mr. Speaker, aims call for amendments issued, which good, ‘‘fully available to the public.’’ to provide the opportunity simply by means, yes, Members could have spun But what does that mean? looking at the data for any American their wheels, and sometimes you feel You see, normally the EPA has relied citizen to understand the regulatory like a hamster doing that, just running on peer-reviewed, scientifically valid actions being taken at the EPA, and, around and not moving anywhere in research to inform its actions. Now yes, if necessary, to challenge those ac- one of those circles. And if we thought that is something that the process of tions if they believe they are not based there was any realistic hope that science across the world informs. It is on sound science. amendments could be included, I, my- a very important, well-founded process Mr. Speaker, I know what you are self, would have been happy to submit that respects the efforts of scientists thinking. You are thinking: Is this bill one, as would many of my colleagues. everywhere and the diligence of a peer- necessary? The EPA’s mission is to Chairman SMITH actually requested a reviewed process. protect the environment and public closed rule on this. So, again, the Much of these bodies of work utilize health, so, of course, it is going to use chairman of the committee and the personal health information and con- the best science. Rules Committee gave every indication fidential data which, currently, are le- The answer should be yes. The an- that we are not allowing any amend- gally protected from public disclosure. swer should be yes that in every set of ments to this bill; and that is what dis- The EPA identifies the academic pa- circumstances we are always using the courages Members from going through pers that it uses in the Federal Reg- very best data. But as you know, time the work of submitting an amendment ister so we have that transparency, but and time again, you can bring an ex- if they have a good idea what the out- it doesn’t release the legally protected pert into your office. A scientist on one come is already going to be. private data—participants in studies, side of the issue will tell you one thing; So this is a closed rule. This is an health of people—to the general public a scientist on the other will bring an antiscience bill. It is another example nor is there any scientific value to that equally compelling compendium of in- of how we go around the ability of personal information. formation to tell you the next. It is left Members to improve bills and, instead, The value is in the studies, which are to us, to the American people, to de- work in a partisan, smoky, backroom done scientifically and are already cide who is right and who is wrong. manner where this bill emerges fully made public. This bill would force the This is nothing to be feared. This is formed. The chair of the committee of EPA to either ignore these valuable something to be embraced. It has cer- jurisdiction himself didn’t want any studies because they utilize private

VerDate Sep 11 2014 00:49 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K28MR7.011 H28MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 28, 2017 CONGRESSIONAL RECORD — HOUSE H2473 data or violate Federal law by sharing The Environmental Protection Agen- chemicals that they use when pro- confidential patient information with cy already uses a peer-reviewed sci- ducing oil and natural gas. Picture the general public. We are talking entific process. They publish in the that: fracking wells near homes and about everything ranging from Social Federal Register the reference of the schools who would no longer have to Security numbers, to whether you got works that they are basing their opin- report what chemicals could poten- cancer from something you were drink- ions on, just as the rest of America’s tially be leaking into drinking water or ing as a child, to our most intimate scientific community does. This bill groundwater. How can that possibly health or lifestyle issues that are re- undermines the scientific process, is further our goal to protect the health searched by the agency. unscientific, and is opposed by so many and welfare of the American people? The majority here, the Republicans, scientific advocacy organizations, in- So, at the same time, we have this are trying to include a provision in the cluding opposed by the Union of Con- legislation undermining the scientific bill that allows personally identifiable cerned Scientists who are strongly op- process of the Environmental Protec- information to be redacted prior to the posed to this legislation. tion Agency and burying the Environ- EPA making the information avail- Now, on top of the red tape and mental Protection Agency under red able. I am sure my colleague from antiscience aspects of the bill, this tape, coordinated the same week with Georgia will cite that, but that is woe- would also cost the government $1 bil- the President’s disastrous executive fully inefficient because it has a loop- lion of EPA funds; that is according to order that will hurt the health of the hole in that very provision that basi- analysis of a very similar bill last Con- American people and, ultimately, cost cally negates that provision in another gress. These are funds that would be di- lives. section by allowing the EPA adminis- verted away from protecting our health These are just another step in the un- trator to allow any person who signs a and safety, which is what they are dermining of science and the work to confidentiality agreement to have ac- doing now, toward creating more red improve and protect the health of the cess to all the redacted data. tape and bureaucracy for the very people of our country. The Environ- So, again, basically, at the whim of agency that the American people en- mental Protection Agency relies on the the administrator, they can allow com- trust with the goal of keeping our air best science available when developing panies and people in there—the infor- and water clean and the American peo- new standards, and they are fully mation can be put in front of people ple healthy. transparent about posting those sci- who have access to it, to use it in any Look, we all know what this bill is. way they want, and that is highly per- entific studies. It is a thinly veiled attack on science, However, because many of the stud- sonal information. part of the antiscience agenda that we ies that this bill requires would impact Again, whether it is under the cov- are seeing from the Republican Party. erage of a confidentiality agreement or legally protected private data, like per- The budget that the President offered sonal medical records, to reach their not, it is shown with unknown part- earlier this month cuts science funding ners. This is not the Federal agency findings, the Environmental Protection to the bone. Enormous setbacks in the Agency could even be prohibited from itself. This is perhaps even the com- very research into lifesaving science in considering that research. pany that caused the pollution that the future that would help improve our wants to come in and look at it or just This ridiculous restriction would quality of life and duration of life and force the EPA to ignore a lot of rel- various Americans with prurient inter- help our economy boom are being dev- ests who want to know intimate health evant information because of the desire astated under the President’s budgets. of the researchers and the legal imper- details, and there is effectively no pro- Scientific research creates billions of ative of the researchers to protect the tection for that. It is entirely at the dollars of economic impact and innova- private data of the participants, ulti- whim of the administrator of the Envi- tion in States like mine, Colorado, and ronmental Protection Agency. every other State. Science helps keep mately leading to policies that are in- So that is an enormous setback for us healthy. It keeps crops alive and effective and are not based on sound the privacy of American families and a productive. It keeps our businesses facts or science. Mr. Speaker, facts exist. Science and woefully insufficient privacy protec- open and keeps America as a global tion with a loophole that is big enough leader in innovation. the pursuit of truth is an incredibly to drive a truck through. There is not I also want to take a moment to important human endeavor, and we even a numerical limit on the amount highlight that, while this bill is being can’t afford to disregard that quest for of people or corporations that would be heard on the floor today, President truth in the name of a fiction-based re- allowed access of that data. There Trump is signing an executive order ality that we increasingly seem to be could be a blanket permission from the that effectively repeals all of the work headed toward as a nation. administrator allowing thousands, tens that the Environmental Protection Without sound and strong science, of thousands of people, again, to see Agency and other Federal agencies America will fall behind in the world. the individually identifiable data, in- have done in the last 8 years to protect Americans will—our lifespans will be of cluding your Social Security Number, our planet from the impacts of climate lower quality and lower duration, and including your health details or med- change. our economy will be hurt as we cede ical records, including things that af- Unfortunately, while we focus on a our leadership role to more forward- fect property value and affect health. bill that forces scientists to not use the looking countries willing to invest in Another major issue with this bill, best science available, the President the future. major fault, is it actually undermines has signed an executive order that will If this bill had been in place over the the goal of the Agency itself. The Envi- essentially begin the repeal process of last few decades, I am pretty sure that ronmental Protection Agency, which the Clean Power Plan. The Clean the cloud of smog over Denver, Colo- has the congressional mandate to keep Power Plan is a basic requirement for rado, would probably still be there. our air and water clean, to protect our States to bring their emissions down to Rivers and lakes across this country health, this bill actually does the oppo- a sustainable level to protect Ameri- would suffer from pollution in a signifi- site by burying the Agency under a cans’ health, to reduce the amount of cantly worse way, and that is not the mountain of red tape and bureaucracy. pollution in our air and water, and to future that the American people want. This bill removes sound, scientific, reduce the human impact on climate If the EPA is prevented from using objective decisionmaking and replaces change. the best available peer-reviewed re- it with ridiculous amounts of red tape, The executive order also, unfortu- search data on air quality, asthma will adding to the process of regulations, nately, undermines some of the com- be causing more attacks and, yes, even adding to the process of rules, requir- monsense protections we have with re- deaths of children across our country. ing the Environmental Protection gard to fracking, something that is Let’s see this legislation for what it Agency to jump through additional bu- near and dear to my constituents and is—an attack on science, a giveaway to reaucratic hoops to use certain infor- people in Colorado, as an area that is corporations who benefit from pollu- mation, and making their entire goal impacted by extraction activities. tion, who don’t like the fact that the of fulfilling their mission less efficient This repeal, for example, would allow EPA is using sound silence, who want than if this bill were not the law. oil and gas companies to hide the to create and live in their own fictional

VerDate Sep 11 2014 00:49 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K28MR7.012 H28MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2474 CONGRESSIONAL RECORD — HOUSE March 28, 2017 reality, where the externalities of their poenas to get them to share that infor- H.R. 1030—SECRET SCIENCE REFORM ACT OF actions somehow don’t matter. mation. Clearly, transparency is not 2015 We need the truth. The American the norm, it is the exception. As ordered reported by the House Committee on Science, Space, and Technology on people deserve the truth. We deserve We talk about costs. My friend ref- the benefit of the outcome of the proc- March 3, 2015 erences $1 billion in costs from some ess of objective science, and this bill SUMMARY study, apparently, not a peer-review undermines that by burying the Envi- H.R. 1030 would amend the Environmental study. I have not seen the data backing ronmental Protection Agency under Research, Development, and Demonstration immense red tape, while preventing up this study. But the good news is I Authorization Act of 1978 to prohibit the En- don’t actually need the study. I have vironmental Protection Agency (EPA) from them from using some of the very peer- proposing, finalizing, or disseminating a reviewed studies that would lead to the the bill itself, Mr. Speaker, and I will turn to the relevant part here. Para- ‘‘covered action’’ unless all scientific and very best decisionmaking possible to technical information used to support that protect the health of the American graph 5, clarify that the administrator action is publicly available in a manner that people. shall implement this section in a mat- is sufficient for independent analysis and Mr. Speaker, I reserve the balance of ter that does not exceed $1 million per substantial reproduction of research results. my time. year from the amounts otherwise au- Covered actions would include assessments Mr. WOODALL. Mr. Speaker, I yield thorized to be appropriated. Now, you of risks, exposure, or hazards; documents don’t have to spend the entire million specifying criteria, guidance, standards, or myself such time as I may consume. limitations; and regulations and regulatory Mr. Speaker, you know that I con- dollars, Mr. Speaker, but in the name impact statements. sider the gentleman from Colorado to of transparency, to make sure that Although H.R. 1030 would not require EPA be a good friend of mine. I find myself, folks have access to the data, we have to disseminate any scientific or technical in- after that presentation, though, won- said it is worth investing resources but formation that it relies on to support cov- dering if that was a cloud of smog over not to exceed $1 million. ered actions, the bill would not prohibit EPA Denver or if it was another cloud of from doing so. Based on information from Finally, Mr. Speaker, we talk about smoke over Denver in these days. EPA, CBO expects that EPA would spend $250 the burden of red tape. I don’t know if million annually over the next few years to That is just not true. It is just not ensure the transparency of information and true. I will start with what I am proud you have had to deal with the EPA or the DOT or the DOD or the DOE—in- data supporting some covered actions. about because I think we do focus too Enacting H.R. 1030 would not affect direct often on divisions. sert DO acronym here—red tape is spending or revenues; therefore, pay-as-you- Mr. Speaker, you know that we want- abundant in this Federal Government, go procedures do not apply. H.R. 1030 con- ed to hold the Obama administration and asking the Federal Government to tains no intergovernmental or private-sector accountable for sound science. And now be transparent is the antithesis of red mandates as defined in the Unfunded Man- that there is a Republican in the White tape. Since when did it become a bur- dates Reform Act (UMRA) and would not af- den on the institutions of government fect the budgets of state, local, or tribal gov- House, we want to hold a Republican ernments. administration accountable for sound to be transparent with the American ESTIMATED COST TO THE FEDERAL GOVERNMENT science. people? Since when, when you are mak- ing rules and regulations that affect This legislation would direct EPA to im- b 1245 plement H.R. 1030 using up to $1 million a the lives of every single American, did So often in this town, we see one set year from amounts authorized to be appro- it become a burden to share the data priated for other activities under current of rules when you agree with the per- on which those regulations are based? law. Although H.R. 1030 would not authorize son in office and another set of rules I will say to you, Mr. Speaker, we get additional appropriations to implement the when you disagree with the person in requirements of the bill, CBO estimates that office. I don’t think that is the right wrapped around the axle so often here implementing H.R. 1030 would cost about way to govern a country. I am proud that we end up getting further and fur- $250 million a year for the next few years, that we are not falling into that trap. ther from our goals. Sharing data, get- subject to appropriation of the necessary If it is good for the Obama administra- ting peer-reviewed comments on that amounts. Costs in later years would probably tion, it is good for the Trump adminis- data, and having folks come out in sup- decline gradually from that level. The addi- port of the conclusions reached on that tional discretionary spending would cover tration. the costs of expanding the scope of EPA Number two, there is no smoke-filled data are going to make us stronger as studies and related activities such as data backroom deal here. Number one, there a nation not weaker. If you are proud collection and database construction for all is no smoke-filled room anywhere on of your underlying data, you should be of the information necessary to meet the leg- Capitol Hill. Speaker Boehner is gone, proud to share that data. If you are islation’s requirements. and smoking is banned from all of our embarrassed of your underlying data, I BASIS OF ESTIMATE spaces. This bill went through a full understand why you might want to Under current law, EPA typically spends committee hearing, the full committee keep it a secret. about $500 million each year to support re- process. So often, Mr. Speaker, you search and development activities, including We have an opportunity not to hide know at the beginning of a year like assessments to determine the potential risk from science but to embrace science, this one, we are trying to move legisla- to public health from environmental con- we have an opportunity not to reach taminants. The number of studies involved tion to the floor quickly. Some things political conclusions but scientific con- in supporting covered actions depends on the that we have already had hearings and complexity of the issue being addressed. For debate on, like this bill, from last Con- clusions, and we have an opportunity to restore the American people’s trust example, when addressing a recent issue with gress, we bring to the floor outside of flaring at petroleum refineries, EPA relied regular order, and we skip the com- in the institutions of government that on a dozen scientific studies. In contrast, mittee hearing process. Not so with are issuing these regulations. This is a when reviewing the National Ambient Air this bill. It went through the Science, small step in the right direction with Quality Standards, the agency relied on Space, and Technology Committee for the HONEST Act, Mr. Speaker, but it thousands of scientific studies. In total, the agency relies on about 50,000 scientific stud- a full hearing. is an important step in the right direc- tion. I hope my colleagues will support ies annually to perform its mission—al- Mr. Speaker, we talk about trans- though some of those studies are used more parency as if it exists at the EPA. I it. than once from year to year. will remind my friend from Colorado, Mr. Speaker, I reserve the balance of The costs of implementing H.R. 1030 are Mr. Speaker, we have to issue sub- my time. uncertain because it is not clear how EPA poenas from the United States Con- would meet the bill’s requirements. Depend- gress to get the EPA to share its data Mr. POLIS. Mr. Speaker, I yield my- ing on their size and scope, the new activi- with us, notwithstanding to get them self such time as I may consume. ties called for by the bill would cost between $10,000 and $30,000 for each scientific study to share it with the University of Geor- Mr. Speaker, I have some scoring used by the agency. If EPA continued to rely gia or Georgia Tech or Caltech, or from the Congressional Budget Office, on as many scientific studies as it has used wherever the best scientific minds of dated March 11, 2015, that I include in recent years, while increasing the collec- the day are. We have to issue sub- into the RECORD. tion and dissemination of all the technical

VerDate Sep 11 2014 00:49 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K28MR7.014 H28MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 28, 2017 CONGRESSIONAL RECORD — HOUSE H2475 information used in such studies as directed islation. The previous version of this that we believe are coming from this by H.R. 1030, then implementing the bill legislation, as I mentioned earlier, House as well as the administration. would cost at least several hundred million would cost $250 million annually over There is no question that, this last dollars a year. However, EPA could instead the next several years, $1 billion to im- election, Russia meddled in our elec- rely on significantly fewer studies each year tion. It is not disputed that that order in support of its mission, and limit its spend- plement, and that is the scoring from ing on data collection and database con- the nonpartisan Congressional Budget came from Vladimir Putin. There is no struction activities to a relatively small ex- Office whose director was appointed by dispute, among our intelligence agen- pansion of existing study-related activity; in the Republicans on a substantially cies, that he had a strong preference that scenario, implementing the bill would similar bill. for Donald Trump, and the most terri- be much less costly. Mr. Speaker, we are deeply concerned fying finding that our intelligence Thus, the costs of implementing H.R. 1030 by reports from our intelligence com- agencies made was that Russia is would ultimately depend on how EPA adapts munity regarding Russian interference sharpening their knives and under- to the bill’s requirements. (It would also de- pend on the availability of appropriated in last year’s election. Even more trou- taking a lessons-learned campaign be- funds to conduct the additional data collec- bling is FBI Director Comey’s sworn cause they will go at us and our allies tion and database construction activities testimony that the FBI is now inves- again. and related coordination and reporting ac- tigating the possibility of collusion be- Unfortunately, we have seen that tivities under the legislation.) CBO expects tween members of President Trump’s those charged with getting to the bot- that EPA would modify its practices, at campaign team and Russia. tom of what has happened have been least to some extent, and would base its fu- Mr. Speaker, the legitimacy of our compromised. The American people are ture work on fewer scientific studies, and es- electoral system is at stake; and, counting on us to defend this great de- pecially those studies that have easily acces- mocracy, a democracy that so many sible or transparent data. Any such modi- frankly, it is time that we rise above fication of EPA practices would also have to partisanship and that we get our job men and women in our armed services take into consideration the concern that the done and get to the bottom of this. have fought for and sacrificed for and quality of the agency’s work could be com- Unfortunately, recent actions by the who are fighting for and sacrificing for promised if that work relies on a signifi- House Intelligence Committee chair- today. cantly smaller collection of scientific stud- man have left many Members of both Unfortunately, the Attorney General, ies; we expect that the agency would seek to sides of the aisle convinced and the twice when asked under oath as to reduce its reliance on numerous studies American public convinced that the whether he had any prior contacts with without sacrificing the quality of the agen- committee is unable to conduct an im- Russia, said that he had not. We later cy’s covered actions related to research and learned that, indeed, during the Repub- development. partial investigation of this critical On balance—recognizing the significant matter of national security. lican Convention and afterwards, he uncertainty regarding EPA’s potential ac- Mr. Speaker, if we defeat the pre- had met with Russia’s Ambassador. He tions under the bill—CBO expects that the vious question, I will offer up an is now recused from any investigation agency would probably cut the number of amendment to the rule to bring up into Russia. That is the executive studies it relies on by about one-half and Representative SWALWELL’s and Rep- branch. that the agency would aim to limit the costs resentative CUMMINGS’ bill which would Unfortunately, our investigation in of new activities required by the bill, such as create a bipartisan commission to in- the House has also been compromised. data collection, correspondence and coordi- I have long enjoyed working with nation with study authors, construction of a vestigate Russian interference in the database to house necessary information, 2016 election. Chairman NUNES. I think he is a good and public dissemination of such informa- Mr. Speaker, I ask unanimous con- man who has led our committee over tion. As a result, CBO estimates the incre- sent to insert the text of my amend- the last few years to bipartisan results mental costs to the agency would be around ment in the RECORD, along with extra- that have made us safer. For the last $250 million a year initially, subject to ap- neous material, immediately prior to few weeks, Republicans and Democrats propriation of the necessary amounts. In our the vote on the previous question. on the House Intelligence Committee assessment that figure lies near the middle The SPEAKER pro tempore. Is there have gone down an investigative road of a broad range of possible outcomes under objection to the request of the gen- together. We had a very productive H.R. 1030. CEO expects that the additional costs to implement the legislation would de- tleman from Colorado? open hearing last week where we were cline over time as EPA became more adept There was no objection. able to connect the dots of Donald and efficient at working with authors and re- Mr. POLIS. Mr. Speaker, I yield 5 Trump’s, his family’s, his campaign’s, searchers to ensure that the data used to minutes to the gentleman from Cali- and his business’ personal, political, support studies are provided in a standard- fornia (Mr. SWALWELL), a member of and financial ties to Russia that were ized and replicable form. the Intelligence Committee, to discuss converging with a Russian interference PAY-AS-YOU-GO CONSIDERATIONS our proposal. campaign. Those dots were validated None. Mr. SWALWELL of California. Mr. by the FBI Director confirming that, INTERGOVERNMENTAL AND PRIVATE-SECTOR Speaker, I thank the gentleman from indeed, President Trump’s campaign IMPACT Colorado for yielding me this time. was under counterintelligence and H.R. 1030 contains no intergovernmental or Mr. Speaker, Russia attacked our de- criminal investigations. private-sector mandates as defined in UMRA mocracy this past election. I urge my Unfortunately, the chairman, in the and would not affect the budgets of state, colleagues to defeat the previous ques- last week, exited this bipartisan inves- local, or tribal governments. tion and for all of us to get to the busi- tigative road to work with the White ESTIMATE PREPARED BY: ness of forming an independent com- House; going to the White House to re- Federal Costs: Susanne S. Mehlman; Im- mission to find out how we were at- ceive classified information before pact on State, Local, and Tribal Govern- tacked, who was responsible, whether sharing it with any members on the ments: Jon Sperl; Impact on the Private Sec- any U.S. persons were involved, and, committee, Democratic and Repub- tor: Amy Petz. most importantly, promise the Amer- lican; and going again to the White ESTIMATE APPROVED BY: ican people we will do everything we House the next day to share that infor- Peter H. Fontaine, Assistant Director for can to make sure we never find our- mation with the President. Budget Analysis. selves in a mess like this again. The actions of the Attorney General Mr. POLIS. This is based on H.R. 1030 Congressman CUMMINGS and I intro- and the actions of the leaders in this from last session, the Secret Science duced H.R. 356, the Protecting Our De- House who are supposed to be under- Reform Act of 2015, effectively the mocracy Act, because we always be- taking this campaign demand that we same operating provisions as this new lieved that the only way to have a take this outside of politics and that bill. If there are any cost-saving ele- comprehensive understanding of what we take this outside of Congress. The ments in this new bill that weren’t in happened and who was responsible and only way to do that is to have an inde- H.R. 1030, I would encourage my col- to make recommendations was through pendent commission that can league from Georgia to let us know be- an independent commission. However, depoliticize this, that can declassify cause we are voting without scoring or it also now is an insurance policy the facts to the extent possible, and costs on the newest version of this leg- against compromised investigations that can debunk the myths that our

VerDate Sep 11 2014 00:49 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A28MR7.005 H28MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2476 CONGRESSIONAL RECORD — HOUSE March 28, 2017 President has put forward about what of our courtrooms, you got to show the input of scientific experts in the review happened with Russia. why there is a reason to take action. of complex issues and add undue industry in- Mr. Speaker, I was a 20-year-old in- But since the EPA has been at this fluence into EPA’s decision-making process. tern in Washington, D.C., when we were level where they were basically unques- As written, the EPA Science Advisory Board Reform Act would make unneeded and attacked on September 11. I will never tionable for so long and could make ar- unproductive changes that would: forget watching Republicans and bitrary and capricious decisions which Restrict the ability of scientists to speak Democrats stand on the House steps, could not be challenged effectively, on issues that include their own expertise; arm in arm, singing ‘‘God Bless Amer- this may be a very helpful start to Block scientists who receive any EPA ica.’’ But what was more moving than stopping the EPA from being so heav- grants from serving on the EPA Scientific that moment of symbolism was the enly they are not earthly good. Advisory Board, despite their having the ex- unity that Republicans and Democrats So I think it is a fantastic bill. It is pertise and conducted relevant research that earned them these highly competitive showed when they came together to something I hope will be a bipartisan grants; make important reforms to ensure that vote as we require the EPA to just Prevent the EPA Scientific Advisory Board never again would we be attacked from show the basis of what you are doing, from making policy recommendations, even the skies, when they made many re- and then we can know whether this though EPA administrators have regularly forms that were put in place by an American god, this EPA, actually has sought their advice in the past; independent commission that was par- feet of clay or is back in the real world Add a notice and comment component to allel to investigations that were being or is actually killing jobs unneces- all parts of the EPA Scientific Advisory Board actions, a burdensome and unneces- done in Congress. sarily. sary requirement since their reviews of The SPEAKER pro tempore. The b 1300 major issues already include public notice time of the gentleman has expired. and comment; and Mr. POLIS. Mr. Speaker, I yield an Mr. POLIS. Mr. Speaker, I yield my- Reallocate membership requirements to additional 1 minute to the gentleman self such time as I may consume. increase the influence of industry represent- from California. Mr. Speaker, the EPA protecting our atives on the scientific advisory panels. Mr. SWALWELL of California. Mr. quality of life, our air, and our water In short, EPA Science Advisory Board Re- Speaker, there is still time for Repub- has nothing to do with Heaven or God. form Act would limit the voice of scientists, licans and Democrats in this House to It is based on science. Individual Amer- restrict the ability of the Board to respond to important questions, and increase the in- icans like Mr. GOHMERT and myself unite. There is still time for us to up- fluence of industry in shaping EPA policy. hold that solemn duty to ensure that have our own faith traditions. I don’t This is not in the best interest of the Amer- we always put our public safety and think there is anybody in the country ican public. our sacred democracy first. The best whose faith tradition is to worship the We also have concerns with the HONEST way to do that is to bring before this EPA. Act. This legislation would limit the kinds of House for consideration the Protect We have created the EPA for a pur- scientific data EPA can use as it develops Our Democracy Act. This country is pose: to protect the health of the policy to protect the American public from environmental exposures and permit viola- still worth defending. American people and protect our air and water. There are people alive today tion of patient confidentiality. If enacted, Mr. WOODALL. Mr. Speaker, I yield the legislation would: 3 minutes to the gentleman from Texas and people who are healthier today be- Allow the EPA administrator to release (Mr. GOHMERT). cause of the work of the EPA. The con- confidential patient information to third Mr. GOHMERT. Mr. Speaker, I do verse of that, without the Environ- parties, including industry; thank my friend from Georgia (Mr. mental Protection Agency, some of us Bolster industry’s flawed arguments to dis- WOODALL) for his able presentation on wouldn’t even be here and others of us credit research that documents the adverse this very good bill and our colleague, would be sickly. health effects of environmental pollution; It really doesn’t make any sense to and Mr. SMITH. Impose new standards for the publication I am sorry to change the subject talk about people worshipping the and distribution of scientific research that back to something that is relevant, EPA. We respect the scientific work of go beyond the robust, existing requirements material, and germane. By the way, I the EPA, and maybe this confusion be- of many scientific journals. am also looking forward to the inves- tween faith and science is what is lead- Science, developed by the respected men tigation into Russia and the sale of ing to the undermining of the scientific and women scientists at colleges and univer- such a huge percentage of our uranium aspects that the EPA reaches their sities across the United States, has always by Hillary Clinton’s State Department. conclusions on. been the foundation of the nation’s environ- mental policy. EPA’s science-based decision- They approved it. But we will get into Mr. Speaker, I include in the RECORD making process has saved lives and led to that later. a letter that shows the strong opposi- dramatic improvements in the quality of the Right now we are talking about a tion from those who advocate for our air we breathe, the water we drink and the fantastic bill because the EPA is very health against this bill. Alliance of earth we share. All Americans have benefited close to being omniscient, omnipotent, Nurses, American Lung Association, from the research-based scientific advice and ubiquitous—they are everywhere American Public Health Association, that scientists have provided to EPA. all the time. We have had a hard time National Medical Association, Asthma Congress should adopt policy that fortifies in the last 20, 30 years as it got more and Allergy Foundation of America, our scientists, not bills that undermine the scientific integrity of EPA’s decision-mak- and more heavenly in getting informa- and others have all signed a letter in ing or give polluters a disproportionate voice tion on why they were making the de- opposition to this bill because this bill in EPA’s policy-setting process. cisions they were. As the EPA has con- threatens the health of the American We strongly urge you to oppose these bills. tinued to crush jobs, like in Texas if people. Sincerely, there were no EPA, we have agencies MARCH 27, 2017. KATIE HUFFLING, RN, CNM, that have continued to make our water DEAR REPRESENTATIVE: The undersigned Director, Alliance of and air cleaner and cleaner every year, health and medical organizations are writing Nurses for Healthy Environments. and, despite the EPA’s constant inter- to express our opposition to the EPA Science Advisory Board Reform Act of 2017 and the HAROLD P. WIMMER, ference, they are doing a great job. Honest and Open New EPA Science Treat- National President But one of the things that we have ment Act of 2017. Our organizations are dedi- and CEO, American wanted, as my friend, Mr. WOODALL, cated to saving lives and improving public Lung Association. was pointing out for years, is whether health. GEORGES C. BENJAMIN, MD, it is a Democrat in the White House or Science is the bedrock of sound medical Executive Director, a Republican, we just wanted some and public health decision-making. The best American Public openness. We wanted to know what science undergirds everything our organiza- Health Association. these seemingly arbitrary rules were tions do to improve health. Under the Clean STEPHEN C. CRANE, Ph.D., Air Act, EPA has long implemented a trans- MPH, based upon. So the purpose of this rule parent and open process for seeking advice Executive Director, coming from Chairman SMITH is let’s from the medical and scientific community American Thoracic go ahead and require the EPA to do on standards and measures to meet those Society. what anybody would have to do in one standards. Both of these bills would restrict CARY SENNETT, MD, Ph.D.,

VerDate Sep 11 2014 00:49 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K28MR7.016 H28MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 28, 2017 CONGRESSIONAL RECORD — HOUSE H2477 FACP, Mr. WOODALL. Mr. Speaker, I have spend every moment of the hours that President & CEO, no further speakers, and I reserve the we have debating the nitty-gritty of Asthma and Allergy balance of my time. the issue before us—talking about how Foundation of Amer- Mr. POLIS. Mr. Speaker, I yield my- quickly should that data be disclosed; ica. self the balance of my time. how many folks should have access to PAUL BOGART, Executive Director, Mr. Speaker, I want to inquire if the it. Are there going to be episodes where Health Care Without gentleman from Georgia has any infor- the data needs to be kept super secret Harm. mation as to why the new bill would and folks can’t be trusted with it? RICHARD ALLEN WILLIAMS, cost any different amount than the What should we do about new and MD, prior version of the bill from the last emerging business practices, propriety 117th President, Na- Congress that was scored? technologies? How do we deal with tional Medical Asso- Mr. WOODALL. Will the gentleman those questions? ciation. yield? I enjoy those rules, Mr. Speaker, be- JEFF CARTER, JD, cause we are doing exactly what we Executive Director, Mr. POLIS. I yield to the gentleman Physicians for Social from Georgia. came here to do, and that is to delve Responsibility. Mr. WOODALL. I would say to the into the details and get it right for the gentleman, as he may know, the lan- American people. Mr. POLIS. Last Congress, we consid- What I am led to believe on a day ered a bill called the Secret Science guage is different in this section. When the CBO scored the bill last like today is that we are pretty close Act, which was nearly identical to this year, they presumed that the EPA to getting it right for the American bill. That was a bill that I submitted would have the obligation of compiling people because we are not talking was at a cost of billion dollars. If the all the data and making it all public about the nitty-gritty of the legisla- gentleman from Georgia has any evi- themselves. In this bill, it presumes tion. We are talking about the Clean dence that this bill will cost less, I en- the EPA will only make use of publicly Power Plan that the past administra- courage him to bring it forward. available data. I would refer the gen- tion put forward. We are not talking This bill, frankly, would force the tleman to the committee report. about the details of the legislation; we EPA to be dishonest, to not use the Mr. POLIS. Reclaiming my time, are talking about the Russians today. I best available science, and threaten the what the bill essentially does is two think that is because there aren’t privacy of the American people. things in this regard. One, it will foist many things much more common sense Our goal should be to help the agen- an unfunded mandate onto those who than sharing with the American people cies that we charge with protecting our are conducting the research to go that data on which the laws of the land health to use the best possible science through the effort themselves of releas- are made. to do the best possible job that they ing the data. But more perniciously, it Mr. Speaker, there is no doubt that can. We should not be throwing up will prevent data and scientific studies the EPA is involved in a complicated roadblocks and red tape and bureau- that there are legal protections from line of work, a critically important cratic mazes that hurt the quality of even being looked at by the Environ- line of work. I can’t find a single constituent in work and the science that we base our mental Protection Agency. They won’t the great State of Georgia that doesn’t protections on. even be able to consider that data. believe in clean water and clean air. I We need to protect American lives I think it is important that we get can find a whole lot of them who think from things like dirty air, dirty water, back to the topics that the American that they believe more in clean water and pollution. We should protect the people care about. I hope that we can and clean air than does any institution privacy of all Americans, but this bill move forward with Representatives in Washington, D.C. I promise you, no doesn’t protect the privacy of Ameri- SWALWELL’s and CUMMINGS’ bill to cre- one cares more about the Chattahoo- cans. It undermines the goal of the En- ate a bipartisan commission to inves- chee River National Recreation Area vironmental Protection Agency. tigate the Russian influence in the 2016 than those of us who live along the My colleague, Mr. SWALWELL, election rather than attack and under- Chattahoochee River National Recre- brought forward a very important mo- mine science, attack and undermine tion. When we defeat the previous ques- ation Area. privacy, and attack and undermine the Nobody cares more about protecting tion, we have a motion to create a bi- American people. partisan commission to investigate the Earth in the great State of Georgia This bill undermines our privacy pro- than those farmers who are creating Russian interference in the 2016 elec- tections and opens the door for more tion. the largest export we have in the great Americans to get sick and hurt by pol- State of Georgia, which are our agri- That is what I hear about from my lution in our air and water. I hope that constituents. I haven’t heard from any culture products. we can stand up against that. We are in this together, which is constituents that say: We want our Mr. Speaker, I ask Members to vote why, when this bill came before the personal data to be revealed by the En- ‘‘no’’ on this bill and vote ‘‘no’’ on this House last Congress, it passed with a vironmental Protection Agency or we rule. bipartisan vote. These are common- want to stop them from citing sci- Mr. Speaker, I yield back the balance sense ideas that bring us together more entific papers. of my time. than they divide us. That is simply not on the minds of Mr. WOODALL. Mr. Speaker, I yield Mr. Speaker, I think the real surprise the American people. myself such time as I may consume. is that folks believe the EPA to be What is on the minds of the Amer- Mr. Speaker, I often wonder what it transparent, and learn that it is not. ican people is that we need a full ac- is like to be in your position there, a Folks would not believe that this Con- counting for the Russian interference distinguished career as a judge, and gress has to subpoena information in in the 2016 election, which is why we you come down here to talk about the order to get its hands on it. have a bill to create a bipartisan com- EPA and whether or not the rules and What this bill would say is not only mission to investigate that Russian in- regulations should be based on sound should Congress be able to access the terference in a manner that has credi- science or not, and you end up with a information, but any reputable sci- bility with the American people, that discussion over the Russians. There is entist should be able to access the in- can end this increasingly bizarre spy no objection that can be lodged here formation. novel that seems to be unfolding in for going outside of the scope of the What my friend says about privacy this city that we are meeting in now, bill. concerns, they are a shared concern in and replace it with investigations and I can always tell, when I come down this institution. There is absolutely facts and a full accounting for the for Rules Committee debate, whether nothing in this underlying legislation American people as to what happened or not we are really talking about that threatens those privacy concerns. and who was involved. something that divides us or whether In fact, it requires that all private in- Mr. Speaker, I reserve the balance of we are just talking. If we are talking formation be redacted before the infor- my time. about something that divides us, we mation be utilized.

VerDate Sep 11 2014 00:49 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A28MR7.007 H28MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2478 CONGRESSIONAL RECORD — HOUSE March 28, 2017 Concerns over cost, again, are abso- defeat the previous question is to give the PROVIDING FOR CONSIDERATION lutely important, but I will read from opposition a chance to decide the subject be- OF S.J. RES. 34, PROVIDING FOR the committee report: ‘‘This bill does fore the House. Cannon cites the Speaker’s CONGRESSIONAL DISAPPROVAL not contain any new budget authority, ruling of January 13, 1920, to the effect that OF A RULE SUBMITTED BY THE ‘‘the refusal of the House to sustain the de- spending authority, credit authority, mand for the previous question passes the FEDERAL COMMUNICATIONS or an increase or decrease in revenues control of the resolution to the opposition’’ COMMISSION or tax expenditures.’’ in order to offer an amendment. On March Mr. BURGESS. Mr. Speaker, by di- That it is a pretty simple bill and a 15, 1909, a member of the majority party of- rection of the Committee on Rules, I pretty simple rule. It asks that we lift fered a rule resolution. The House defeated call up House Resolution 230 and ask the previous question and a member of the the curtain of secrecy around the regu- for its immediate consideration. lations that protect our health and opposition rose to a parliamentary inquiry, asking who was entitled to recognition. The Clerk read the resolution, as fol- safety. It asks that we make health lows: and safety issues not things that divide Speaker Joseph G. Cannon (R-Illinois) said: ‘‘The previous question having been refused, H. RES. 230 us around process, but things that the gentleman from New York, Mr. Fitz- Resolved, That upon adoption of this reso- unite us around results. gerald, who had asked the gentleman to Candidly, I came to this institution lution it shall be in order to consider in the yield to him for an amendment, is entitled to House the joint resolution (S.J. Res. 34) pro- to achieve those results, Mr. Speaker, the first recognition.’’ viding for congressional disapproval under and I am proud to be carrying this rule The Republican majority may say ‘‘the chapter 8 of title 5, United States Code, of to the floor today. I encourage all of vote on the previous question is simply a the rule submitted by the Federal Commu- my colleagues to please support this vote on whether to proceed to an immediate nications Commission relating to ‘‘Pro- bill, and with its passage we can get to vote on adopting the resolution . . . [and] tecting the Privacy of Customers of the underlying legislation, end the has no substantive legislative or policy im- Broadband and Other Telecommunications shroud of secrecy, and restore public plications whatsoever.’’ But that is not what Services’’. All points of order against consid- they have always said. Listen to the Repub- confidence in the laws that protect all eration of the joint resolution are waived. lican Leadership Manual on the Legislative The joint resolution shall be considered as of our health and safety. Process in the United States House of Rep- read. All points of order against provisions The material previously referred to resentatives, (6th edition, page 135). Here’s in the joint resolution are waived. The pre- by Mr. POLIS is as follows: how the Republicans describe the previous vious question shall be considered as ordered AN AMENDMENT TO H. RES. 229 OFFERED BY question vote in their own manual: ‘‘Al- on the joint resolution and on any amend- MR. POLIS though it is generally not possible to amend ment thereto to final passage without inter- At the end of the resolution, add the fol- the rule because the majority Member con- vening motion except: (1) one hour of debate lowing new sections: trolling the time will not yield for the pur- equally divided and controlled by the chair SEC. 2. Immediately upon adoption of this pose of offering an amendment, the same re- and ranking minority member of the Com- resolution the Speaker shall, pursuant to sult may be achieved by voting down the pre- mittee on Energy and Commerce; and (2) one clause 2(b) of rule XVIII, declare the House vious question on the rule.... When the motion to commit. resolved into the Committee of the Whole motion for the previous question is defeated, The SPEAKER pro tempore. The gen- control of the time passes to the Member House on the state of the Union for consider- tleman from Texas is recognized for 1 ation of the bill (H.R. 356) to establish the who led the opposition to ordering the pre- National Commission on Foreign Inter- vious question. That Member, because he hour. ference in the 2016 Election. The first reading then controls the time, may offer an amend- Mr. BURGESS. Mr. Speaker, for the of the bill shall be dispensed with. All points ment to the rule, or yield for the purpose of purpose of debate only, I yield the cus- of order against consideration of the bill are amendment.’’ tomary 30 minutes to the gentleman waived. General debate shall be confined to In Deschler’s Procedure in the U.S. House from Colorado (Mr. POLIS), pending the bill and shall not exceed one hour equal- of Representatives, the subchapter titled which I yield myself such time as I ly divided and controlled by the chair and ‘‘Amending Special Rules’’ states: ‘‘a refusal may consume. During consideration of ranking minority member of the Committee to order the previous question on such a rule this resolution, all time yielded is for on Foreign Affairs. After general debate the [a special rule reported from the Committee the purpose of debate only. bill shall be considered for amendment under on Rules] opens the resolution to amend- the five-minute rule. All points of order ment and further debate.’’ (Chapter 21, sec- GENERAL LEAVE against provisions in the bill are waived. At tion 21.2) Section 21.3 continues: ‘‘Upon re- Mr. BURGESS. Mr. Speaker, I ask the conclusion of consideration of the bill for jection of the motion for the previous ques- unanimous consent that all Members amendment the Committee shall rise and re- tion on a resolution reported from the Com- may have 5 legislative days to revise port the bill to the House with such amend- mittee on Rules, control shifts to the Mem- and extend their remarks. ments as may have been adopted. The pre- ber leading the opposition to the previous The SPEAKER pro tempore. Is there vious question shall be considered as ordered question, who may offer a proper amendment on the bill and amendments thereto to final or motion and who controls the time for de- objection to the request of the gen- passage without intervening motion except bate thereon.’’ tleman from Texas? one motion to recommit with or without in- Clearly, the vote on the previous question There was no objection. structions. If the Committee of the Whole on a rule does have substantive policy impli- Mr. BURGESS. Mr. Speaker, House rises and reports that it has come to no reso- cations. It is one of the only available tools Resolution 230 provides for a rule to lution on the bill, then on the next legisla- for those who oppose the Republican major- consider a Congressional Review Act tive day the House shall, immediately after ity’s agenda and allows those with alter- resolution which will undo a duplica- the third daily order of business under clause native views the opportunity to offer an al- tive regulation put into place by the 1 of rule XIV, resolve into the Committee of ternative plan. the Whole for further consideration of the previous administration in the final bill. Mr. WOODALL. Mr. Speaker, I yield hours of that Presidency. SEC. 3. Clause 1(c) of rule XIX shall not back the balance of my time, and I The rule brings before the House this apply to the consideration of H.R. 356. move the previous question on the res- resolution so that Congress may re- olution. move through the proper legislative THE VOTE ON THE PREVIOUS QUESTION: WHAT process rules promulgated by bureau- IT REALLY MEANS The SPEAKER pro tempore. The crats who remain unaccountable to the This vote, the vote on whether to order the question is on ordering the previous previous question on a special rule, is not question. American people. This process allows those who are accountable—the elected merely a procedural vote. A vote against or- The question was taken; and the Representatives in Congress—to fight dering the previous question is a vote Speaker pro tempore announced that for our constituents’ rights and lib- against the Republican majority agenda and the ayes appeared to have it. a vote to allow the Democratic minority to erties. offer an alternative plan. It is a vote about Mr. POLIS. Mr. Speaker, on that I House Resolution 230 provides for a what the House should be debating. demand the yeas and nays. closed rule for the Congressional Re- Mr. Clarence Cannon’s Precedents of the The yeas and nays were ordered. view Act resolution, S.J. Res. 34, the House of Representatives (VI, 308–311), de- scribes the vote on the previous question on The SPEAKER pro tempore. Pursu- standard procedure for such resolu- the rule as ‘‘a motion to direct or control the ant to clause 8 of rule XX, further pro- tions, since the sole purpose of the res- consideration of the subject before the House ceedings on this question will be post- olution is to remove a regulation from being made by the Member in charge.’’ To poned. the Federal Register.

VerDate Sep 11 2014 00:49 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K28MR7.020 H28MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 28, 2017 CONGRESSIONAL RECORD — HOUSE H2479 b 1315 are not. The ability to provide con- istration and their team just as they The rule allows for 1 hour of debate, sumer data drives the digital adver- were walking out the door. equally divided between the chair and tising market. House Republicans today will stand ranking member of the Committee on The Federal Communications Com- up for the rights of our constituents Energy and Commerce. Further, the mission’s privacy rules arbitrarily against the out-of-control Federal bu- minority is afforded the customary mo- treat internet service providers dif- reaucracy. I urge my colleagues to sup- tion to commit. ferently from the rest of the internet, port today’s rule and the underlying The Federal Communications Com- amounting to government intervention Congressional Review Act resolution. mission issued its Open Internet Order, in the free market. The Federal Com- Mr. Speaker, I reserve the balance of reclassifying broadband providers as munications Commission stated that my time. common carriers, which brought them the rules would provide more trans- Mr. POLIS. Mr. Speaker, up until under the jurisdiction of the Federal parency, the rules would provide more now, every President since Gerald Ford Communications Commission. The choice, the rules would provide more has disclosed their tax return informa- Federal Trade Commission is the pri- protection; however, these expanded tion. These returns provide a basic mary regulator of companies’ privacy provisions may also result in more fre- level of transparency that helps ensure and data security practices; however, quent breach notifications, leading to a the public’s interest is placed first. The the Federal Trade Commission’s regu- weaker focus on security by consumers American people deserve the same latory authority under section 5 of the who do suffer from notification fatigue. level of disclosure from this adminis- Federal Trade Commission Act does While the Federal Communications tration. Mr. Speaker, if we defeat the not extend to common carriers. There- Commission’s privacy rules were meant previous question, I will offer an fore, the reclassification of broadband to protect consumers, they actually amendment to the rule to bring up internet service providers as common can inhibit security and market com- Representative ESHOO’s bill that would carriers created a legal enforcement petition while creating confusion by require Presidents and major party gap. subjecting parts of the internet eco- nominees for the Presidency to release The Federal Communications Com- system to different rules and different their tax returns. mission determined that the privacy jurisdictions. To correct this policy, on Mr. Speaker, I ask unanimous con- provisions of the Communications Act March 23, 2017, the Senate passed S.J. sent to insert the text of my amend- would now apply to broadband internet Res. 34, a Congressional Review Act ment in the RECORD, along with extra- service providers and that new and ex- resolution of disapproval to nullify the neous material, immediately prior to panded privacy rules were necessary. privacy rulemaking promulgated by the vote on the previous question. Therefore, the Federal Communica- the Federal Communications Commis- The SPEAKER pro tempore. Is there tions Commission promulgated new sion. objection to the request of the gen- privacy rules for common carriers on Prior to the reclassification of tleman from Colorado? October 27, 2016. These rules were broadband internet service providers as There was no objection. adopted a mere 10 days before the 2016 common carriers under the jurisdiction Mr. POLIS. Mr. Speaker, I yield 7 Presidential election. They were adopt- of the Federal Communications Com- minutes to the gentlewoman from Cali- ed on a party-line vote and over serious mission, the Federal Trade Commis- fornia (Ms. ESHOO) to discuss this pro- objections by the minority Commission sion regulated companies’ privacy posal and also the important aspects of members and the internet service pro- practices while preserving the Federal the underlying bill that need to be re- viders. The Federal Communications Communications Commission’s author- sponded to. Commission’s rules are a departure ity to enforce privacy obligations of Ms. ESHOO. Mr. Speaker, I thank my from the privacy protections that have broadband service providers on a case- friend and colleague from Colorado for been applied by the Federal Trade by-case basis. his leadership and for yielding time to Commission for years. This Congressional Review Act will me. The Federal Trade Commission em- restore the status quo that existed First of all, I would like to respond ploys an opt-out model that requires prior to the Federal Communications to the gentleman’s presentation about companies to provide consumers notice Commission’s Open Internet Order and the underlying bill. of the data that is collected and how it bring the privacy practices of all parts Make no mistake about it, what the will be used. Consumers are then given of the internet back into balance. Not underlying bill does today is it wipes the option to opt out of this data col- only will this level the playing field for out—it totally wipes out—privacy pro- lection if they so choose. Instead of im- an increasingly anticompetitive mar- tections for consumers on the internet. plementing well-established collection ket, but it will ensure parity in the That is what it does. There are not du- practices that are accepted industry- protection of consumer data. plicative regulations. I know that it wide, the Federal Communications The new Chairman of the Federal was stated on the floor that there are Commission chose to promulgate an Communications Commission, Ajit Pai, duplicative regulations. opt-in model for its new internet serv- has called to halt the Federal Commu- There are two agencies—the Federal ice providers. This model prohibits nications Commission’s privacy rules. Communications Commission and the broadband internet service providers He stated: ‘‘All actors in the online Federal Trade Commission—however, from using, disclosing, or providing ac- space should be subject to the same it is only the FCC, the Federal Commu- cess to customer proprietary informa- rules. . . . The Federal Government nications Commission, that can actu- tion without the customer’s affirma- shouldn’t favor one set of companies ally protect consumers by enforcing tive opt-in consent. Such data includes over another.’’ This is precisely the the protections. The FTC does not have browsing history, application usage, type of limited government that we that authority. and location data, among other types should be striving for after years of What happens today if these privacy of information. overreaching by the previous adminis- protections are ripped away from the While this may sound like a good tration and its regulations. The Con- American people? Well, all the infor- thing to opt in to, in reality, it un- gressional Review Act protects con- mation that you give to your internet fairly skews the market in favor of pro- sumers, and it restores the free market service provider, whether it is viders that already have access to con- competitiveness that actually allows Comcast, whether it is cable providers, sumer information. For example, our economy to thrive. Charter, AT&T, the one that you pay a search engines, social media sites, and The Congressional Review Act is an pretty big bill to, they can take all of internet content providers like Netflix, important tool in maintaining ac- the information that they have—my Google, Facebook, Amazon, and Apple, countability at the Federal level. Its account, your account, your account, these providers, known as edge pro- necessity has never been more appar- your account—and use that informa- viders, are free to collect consumer ent than over the past 2 months, where tion to sell it to the highest bidder to data that broadband internet service this Congress has needed to step in and make money off of it. providers, under the jurisdiction of the remove burdensome, unbalanced regu- Now, there is an additional charge in Federal Communications Commission, lations put in place by the prior admin- this thing, alleged charge, and that is,

VerDate Sep 11 2014 00:49 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K28MR7.024 H28MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2480 CONGRESSIONAL RECORD — HOUSE March 28, 2017 well, what about Google and Netflix nearly every day they continue to help that they have the confidence to take advan- and Facebook? What about them? Why the President hide his tax returns from tage of the many benefits of an ever-chang- aren’t they subject to what the FCC the public. ing marketplace. did? Well, they are edge providers. Now, every President of both parties, This is from the ftc.gov website. They are edge providers. since Gerald Ford, has voluntarily Mr. Speaker, I include in the RECORD You don’t have to go to Google. You made their tax returns public. The the web page of the Federal Trade don’t have to go to Facebook. You President has 564 financial positions in Commission. don’t have to go to Netflix in order to companies located in the United States FEDERAL TRADE COMMISSION get your internet service. That is why and around the world, according to the PROTECTING CONSUMER PRIVACY the FCC did not apply these rules to Federal Election Commission, making The FTC has been the chief federal agency them. Maybe there should be a debate him more susceptible to conflicts of in- on privacy policy and enforcement since the about them. But to equalize and say terest than any President in our his- 1970s, when it began enforcing one of the that Google and Facebook are equal to tory. Without disclosure of his tax re- first federal privacy laws—the Fair Credit your internet service provider suggests turns, the American people are pre- Reporting Act. Since then, rapid changes in to me that some people just don’t know vented from knowing where his income technology have raised new privacy chal- what they are talking about. comes from, whether he is dealing with lenges, but the FTC’s overall approach has This is a subject that the American been consistent: The agency uses law en- foreign powers, what he owes and to forcement, policy initiatives, and consumer people feel very, very deeply about. In whom, and how he may directly benefit and business education to protect con- fact, I think it is in the DNA of every from the policies he proposes. sumers’ personal information and ensure American: ‘‘I want my privacy, and it There are daily revelations about that they have the confidence to take advan- should be protected.’’ We all feel that previously undisclosed meetings be- tage of the many benefits of the ever-chang- way. tween the President’s staff and Russian ing marketplace. What is being done today is a ripping officials, as well as a steady flow of FTC’s Privacy Report: Balancing Privacy away. It is like taking a bandage, just and Innovation; troubling information about The The Do Not Track Option: Giving Con- stripping it away. Who do you go to? Trump Organization’s ties to state-con- sumers a Choice; Who do you go to complain to? No one. nected businesses and individuals in Making Sure Companies Keep Their Pri- No one. Because there isn’t anything Turkey, Azerbaijan, China, and other vacy Promises to Consumers; left to enforce. countries. Last week, The New York Protecting Consumers’ Financial Privacy; I think it is a sad day if the under- Times reported that The Trump Orga- The Children’s Online Privacy Protection lying bill passes. I think it is shocking nization is finalizing an agreement to Act (COPPA): What Parents Should Know. that my Republican colleagues, either build a hotel in partnership with a firm Mr. BURGESS. Mr. Speaker, I thank out of a lack of understanding of how that has ‘‘deep Turkish roots’’ and the men and women of the Federal the internet works, how their constitu- business ties in Russia, Kazakhstan, Trade Commission for all the work ents—all of our constituents benefit and two dozen other countries. they have done over the years in pro- from these protections of our privacy, Without the disclosure of the Presi- tecting our privacy. and our information is private. I don’t dent’s tax returns, there is no way for Mr. Speaker, I reserve the balance of want anyone to take my information the American people to know the full my time. and sell it to someone and make a ton extent of his foreign entanglements Mr. POLIS. Mr. Speaker, I yield my- of money off of it just because they can and possible conflicts of interest on self such time as I may consume. get their mitts on it. That is why the this or other deals that his family busi- Mr. Speaker, I rise in opposition to privacy protections were adopted. ness is engaged in. the rule and the resolution. May I ask how much time is remain- This resolution undermines funda- 1330 ing? b mental privacy for every internet user. The SPEAKER pro tempore. The gen- I think the House is failing, Mr. You hear my colleague on the other tlewoman has 3 minutes remaining. Speaker, to exercise our constitutional side trying to conflate different things. Mr. POLIS. Mr. Speaker, I yield an obligation to conduct effective over- When your broadband provider can sell additional 1 minute to the gentle- sight and operate as a check on the ex- your information, and there is no rule woman from California. ecutive branch. We can change that prohibiting them from doing so—effec- The SPEAKER pro tempore. The gen- today by taking up and passing this bi- tively that includes all of your brows- tlewoman has 4 minutes remaining. partisan bill, which will ensure that ing history, data entered in forms, ev- Ms. ESHOO. Mr. Speaker, I will close the President, and all future Presi- erything that you have done on the that one off and go to the other reason dents, will be held to a baseline level of internet that has absolutely nothing to that I am on the floor today. I thank disclosure. That is why I urge my col- do with a relationship with a par- the gentleman again for yielding me leagues to defeat the previous question, ticular content provider or e-commerce the time. so we can hold an immediate vote on company; you can enter information, I rise in opposition to the rule and, the Presidential Tax Transparency obviously, for the express purpose of obviously, the underlying resolution; Act. them optimizing your experience or and I urge my colleagues to defeat the Mr. BURGESS. Mr. Speaker, I yield selling you a product—they are then previous question so that my bipar- myself 1 minute. the owners of that information, and tisan bill, the Presidential Tax Trans- Mr. Speaker, to bring us back to the you have choice in the marketplace. parency Act, can be made in order for business at hand, which is the rule al- Whereas, with our broadband providers, immediate floor debate and a vote. lowing the vote on the Congressional most of us don’t have a choice. You ei- Mr. Speaker, my legislation would Review Act later today, I want to ther sign up for the local cable com- require the President and all future quote now from the web page of the pany or you don’t. Presidents and Presidential nominees Federal Trade Commission, under the Before I discuss the many disastrous to publicly disclose their tax returns. title of Protecting Consumer Privacy. facets of this resolution, I also want to It is a very simple bill. Reading from their website: point out that this is yet another This is the third time this year that The Federal Trade Commission has been closed rule. There have been absolutely I have offered this bill as the previous the chief Federal agency on privacy policy no open rules that allow Democrats question motion, and for the last sev- and enforcement since the 1970s when it and Republicans to bring forward eral weeks, Members—including Mr. began enforcing one of the first Federal pri- amendments. No amendments are al- POLIS, Mr. PASCRELL, Mr. CROWLEY, vacy laws—the Fair Credit Reporting Act. lowed under this rule here on the floor Ms. LOFGREN, and myself—have offered Since then, rapid changes in technology have of the House of Representatives. Sadly, privileged resolutions directing the raised new privacy challenges, but the Fed- that has become the norm. eral Trade Commission’s overall approach House to request the President’s tax has been consistent. The agency uses law en- The FCC recently took steps to re- returns. Nearly every day we give the forcement, policy initiatives, and consumer evaluate their rule. Commissioner Pai majority the opportunity to dem- and business education to protect con- even paused their implementation to onstrate leadership on this issue, and sumers’ personal information and ensure examine the FCC doing their job.

VerDate Sep 11 2014 00:49 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K28MR7.025 H28MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 28, 2017 CONGRESSIONAL RECORD — HOUSE H2481 Now, why would Congress step in and tion, and use that information without maybe in some places you can pay use the CRA authority, a very cum- restriction and without opt-in. more for satellite and you might have bersome authority, that also prohibits Think about what someone can con- some reasonably fast download but not future implementation of similar clude about this information—your po- upload that may be spotty, maybe you rules? litical affiliation, preferences, your want to use dial-in over your phone. In many ways, it hamstrings the health. But for most of us—I use broadband. agency. What could they do with it? Most of us use broadband through our What we are worried about is that, if They could charge pricing of goods cable because it is the most cost-effec- this bill were to become law, it would and services discriminating against tive way to have high-speed internet essentially be impossible for the FCC you based on your income or your past access, and that is the case for most to act to protect the privacy of Ameri- purchasing behavior. Your sensitive fi- American families. cans who use broadband ever again. So nancial information could be used to So this is not the time to get rid of it is not a matter of a nuance under steer you to higher costs and worse fi- privacy rules and convey the vast eco- this rule. If we go through the process nancial products. This rule would lit- system that is the internet away from of passing a CRA, the FCC wouldn’t be erally change how broadband providers the content and dynamism that exists able to pass any rule—or if they did, it have access to your entire personal there to the broadband side. That is ab- would be under a legal cloud—to pro- life. It would make the broadband pro- surd. tect the privacy of the American peo- viders the most valuable part of the People can choose not to use social ple. That is the danger: that CRAs are internet value chain. media accounts, can choose what they effectively permanent. Now, we all want broadband pro- share, and can choose who to enter The second aspect is that the FCC viders to have compensation for the in- contracts with with regard to searches has already established a notice and frastructure costs and a reasonable or purchases. Social media is an op- comment period that allows for com- profit. There is no doubt about that. tional platform that you can choose be- ment on the new rules. By going Those of us who advocate for net neu- tween many providers, but the around that, we would avoid govern- trality, as I do, or those who advocate broadband access side frequently looks ment transparency. for privacy, we want them to have a and acts more like a monopoly. So here is what is at stake. On Octo- reasonable return on investment so Supporters of this bill also mention ber 27, 2016, after a 6-month rule- that we can all have access to how this somehow levels the playing making process that was open to public broadband. And we have that largely field for broadband providers. What it comment and received comments, the through user fees and subscription fees. does is it tilts the playing field entirely FCC developed a commonsense rule to Have you seen your cable bill, Mr. in their favor. Internet service pro- protect our privacy. The rule that we Speaker? viders are a gateway to the internet. are talking about undoing basically I have seen my cable bill. It ain’t They do not own the internet. does three things, which are great. cheap anymore. But many families pay The second protection the rule offers It requires broadband internet access for it because it is the best way to have is to require reasonable measures be service providers to obtain opt-in con- fast access to the internet. taken to protect the data that they sent before using or sharing sensitive And guess what? want to collect. Again, we all value cy- information. Sounds obvious that we The cable companies are able to jus- bersecurity and protection of this data. would want that. We wouldn’t want in- tify broadband in many areas. Given the countless incidents of cyber formation that doesn’t have an opt-in Again, maybe there are some tweaks, hacking incidents, how can we enter- consent to be sold or used. That in- and it would be great if there is a way tain the idea of rolling back a rule that cludes things like web browsing history we could have greater value for rural requires reasonable measures to pro- or data that is entered on forms. broadband and have them have an ROI. tect consumer data? What are pro- It would also require broadband pro- We would love that. But the answer is ponents advocating for? No measures viders to use reasonable measures to not to turn over the keys to the inter- to protect consumer data? protect the cybersecurity of our data. net and all your personal data to cable The third important protection under Again, of course. companies and say: You own it all. You this rule is the consumers whose data Third, it requires that broadband are more powerful than Amazon, more has been breached should be notified. providers notify consumers in the powerful than Google, more powerful Again, that is important. I had my event of a breach of information. than every consumer site because you credit card stolen a few years ago and Again, just like we have with credit own everything that is entered into got notified that it was. I used it at an- card companies, we want some kind of every one of those and more, and you other location where it might have affirmative information that is given can sell it and use it as you see fit been compromised and I received noti- to consumers that your information without restriction, without even re- fication. This eliminates that notifica- may be breached if there is a cyberse- quiring that users opt in. tion from users of broadband. It would curity threat that might do that. The value conveyance from the con- do away with that. This bill undoes all those things. It tent side to the infrastructure side of I would like to know, as would con- says that you don’t have to notify peo- this bill would be game-changing and sumers, if my credit card information ple if there is a breach, you don’t need game-destroying for the free and open was hacked. I want to know if my per- to have reasonable measures to protect internet. It simply makes no sense. sonal profile or medical records or cybersecurity, and, most importantly, Look, consumers should have the emails were hacked. If someone is able with regard to privacy, it will no right to choose with who and how they to attain my children’s names, our longer require opt-in consent before share their personal information. When home address, information about the using, sharing, or selling your most in- it comes to a broadband provider, we schools they attend, or the homework timate personal data that you use on simply don’t have that choice that you they do, I would want to know. the internet. do with consumer websites like Now, look, this bill moves entirely Now, look at the implications of this Facebook or Google, which are gov- the wrong direction. It basically seizes rollback. It is not just a collection of erned under a separate set of laws. the value of the internet from content, internet data usage, but bulk collec- Proponents of this bill are arguing from e-commerce, from all of the im- tion of all of your network traffic. A that, because there is not adequate portant dynamism that occurs there broadband provider could collect every protection somehow in social media and tries to apply that to the search, every website visited, every and the edge providers here, somehow broadband side rather than simply find email written and received, every piece the standard should be lower for a reasonable way for broadband pro- of data entered, every article read, see broadband internet services. It makes viders to see a return on investment. how often you log in and how you use no sense. In today’s day and age, not Mr. Speaker, I reserve the balance of various accounts for all members of having internet access is simply not an my time. your family, including minors, and option for many Americans. To say you Mr. BURGESS. Mr. Speaker, I yield even your location, sell that informa- can choose not to have broadband, myself 1 minute.

VerDate Sep 11 2014 00:49 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K28MR7.027 H28MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2482 CONGRESSIONAL RECORD — HOUSE March 28, 2017 Mr. Speaker, just to put some things is not in jeopardy. This is plain and is saleable, but it is just their business? in context, I wanted to share some in- simple, and I don’t get this. Well, somebody else is going to know formation from a blog called When I was growing up, I thought one now. And they may well be able to redstate.com, posted by Seton Motley, of the tenets of the Republican Party monetize it, gather it, and distribute on March 27, 2017, talking about the that I admired the most was privacy. It it. difference between the size and scope of is mine, not yours, not the govern- It is outrageous what the majority is edge providers versus the ISPs, the ment’s—mine. You can’t have it unless doing today, and I can’t possibly be- internet service providers. The parent I give it to you. lieve that it is conservative, that it is company of one of the largest edge pro- My phone number, my Social Secu- small government. I can’t believe that viders is valued at over $500 billion. He rity number, my credit card number, they believe that this is what a govern- points out in his blog post, by way of my passwords—everything is mine. Yet ment in restraint should do. The gov- comparison, the nation of Singapore’s you just want to give it away. You ernment should be protecting our gross domestic product, the entire out- make one good argument: let’s level rights, protecting our privacy. Small put for every man, woman, and child in the playing field. You are right. I agree government means that the individual a very productive country is $508 bil- with you. But you don’t level the play- ought to be protected from the big lion. Basically, the same. So the edge ing field by getting rid of the playing powers out there, like the corporate in- provider stands on equal financial foot- field. You level it by raising it on those terests, yet the majority is handing us over to them at this very hour. ing of the world’s 40th richest country. who are not subject to this rule. Mr. Speaker, I urge Members of the By way of contrast, the Nation’s Please give me one—not two—one majority to vote against this. I can’t largest internet service provider has a good reason why all of these people here, why all of these people watching believe that a person who is a constitu- net worth of $148 billion. So the edge tional conservative would ever vote for would want Comcast or Verizon to provider is more than three and a half a monstrosity like this. It is beyond have information unless they give it to times larger than the Nation’s largest my comprehension that a conservative them. We are talking medical informa- ISP. libertarian would say: oh, yeah, give tion. We are talking passwords. We are The SPEAKER pro tempore. The the individuals’ information over to time of the gentleman has expired. talking financial information. We are the big commercial interests. This is Mr. BURGESS. Mr. Speaker, I yield talking college applications. There is one of those moments. myself an additional 30 seconds. nothing in today’s society that every The majority, you guys have the I think we can begin to see the scope one of us doesn’t do every day on the House, you have the Senate, and you of the problem and why unbalancing internet, yet Comcast is going to get have the White House. The only re- this playing field is inherently a bad it—not because I said it is okay. straint you have is yourselves. And I idea. And what are you going to do with know there has got to be somebody in Mr. Speaker, I reserve the balance of it? Kind of look at it and say: oh, yeah, that body who believes that Comcast, my time. hey, Mike takes a size 38 underwear. Sprint, and all of the rest should not Mr. POLIS. Mr. Speaker, the evalua- That is great. They are going to sell it have anybody’s underwear size in this tion is as it should be. Again, when in- to the underwear companies. Hey, he body. frastructure is laid, we want a reason- bought this kind of underwear. He likes It is an outrage. It is an abuse, and I able ROI. It is like utility infrastruc- this color. Let’s give him ads. By the urge a very emphatic ‘‘no.’’ ture or water infrastructure. I would way, most of those ads are useless, be- The SPEAKER pro tempore. Mem- never expect that the world’s most val- cause I already bought the underwear. bers are reminded to direct their re- uable companies would be the pipes in I don’t need any more. marks to the Chair. the people’s homes. The magic of the But it is none of their information. It Mr. BURGESS. Mr. Speaker, I re- internet is the content. That is what is none of their business. Go out in the serve the balance of my time. 1 drives the desire for broadband access. street, please, leave Capitol Hill for 5 Mr. POLIS. Mr. Speaker, I yield 1 ⁄2 And, of course, there are other ways minutes. Go anywhere you want, find minutes to the gentleman from Cali- that people can access the internet, but three people on the street who think it fornia (Mr. KHANNA). Mr. KHANNA. Mr. Speaker, I thank broadband and cable have a technical is okay, and you can explain to them Mr. POLIS for yielding and for your advantage on price and speed. ROIs, the company has to make progress, and we have to make money. leadership on this issue. Mr. Speaker, I yield 3 minutes to the This resolution would overturn rules You will lose that argument every gentleman from Massachusetts (Mr. that protect a consumer’s privacy, and single time, as you should. And I guar- CAPUANO). they would be a handout to internet antee you, you won’t find anybody in Mr. CAPUANO. Mr. Speaker, I thank service providers: Comcast, Verizon, your district who wants this bill the gentleman for yielding. AT&T. Now, as it is, the average Amer- I have a simple question: What the passed. ican, 80 percent of Americans, don’t Mr. BURGESS. Mr. Speaker, I re- heck are you thinking? What is in your have a choice about which internet mind? Why would you want to give out serve the balance of my time. service provider they can use, and they Mr. POLIS. Mr. Speaker, I yield 2 any of your personal information to a pay six to seven times more than peo- faceless corporation for the sole pur- minutes to the gentleman from Min- ple pay in France, than people pay in chase of them selling it? nesota (Mr. ELLISON). Britain. And people wonder: Why is Give me one good reason why Mr. ELLISON. Mr. Speaker, I do this? Comcast should know what my moth- quite agree with what Mr. CAPUANO Obviously, the United States did all er’s medical problems are. Do you just shared, but I will say this: for any- of the research that invented the inter- know how they would know? Because body listening to this broadcast today, net. Why are Americans paying more? when I went to the doctor with her and this is a classic fight of the big money It is because they have monopolistic, they told me what it was, I had no clue against the many. The big money, they anticompetitive practices. So what is what they were talking about, so I say that they want even more money, the solution? Instead of making the in- came home and I searched it on the so they want to be able to dig into your dustry more competitive so Americans net, and I searched the drugs that she private information so that they can have more choice and don’t have to pay was taking. The same with my chil- figure out when you get up, when you as much, what this bill wants to do is dren. go to bed, what you looked up, and give these four or five internet service Just last week, I bought underwear then write ads just so they could try to providers even more power, allowing on the internet. Why should you know sell you more stuff. them to take an individual’s data and what size I take, or the color, or any of And as disgusting as that is, you can sell it to whoever they want. that information? see easily how that is not the end of it. The fear of Big Brother is so real out What if you have somebody who has there, as it is, people fear that the bu- b 1345 something really sensitive that they reaucracy and big companies are con- These companies are not going broke. just want a little bit more information trolling their lives. This bill would That is not the situation. The internet about, that is not of a nature where it allow that to continue and get worse.

VerDate Sep 11 2014 00:49 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K28MR7.028 H28MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 28, 2017 CONGRESSIONAL RECORD — HOUSE H2483 What we need is more anticompeti- tomer information at will. The result Even when that traffic is encrypted, ISPs tive legislation. What we need is a could be extensive harm caused by can gather vast troves of valuable informa- stronger internet bill of rights that ap- breaches or misuse of data.’’ tion on their users’ habits; but researchers plies to ISPs and other internet service They remind us that: ‘‘The FCC’s have shown that much of the most sensitive information remains unencrypted. companies not a rollback of the regula- order simply restores people’s control tions that currently exist. over their personal information and The FCC’s order simply restores people’s Mr. BURGESS. Mr. Speaker, I re- lets them choose the terms on which control over their personal information and serve the balance of my time. ISPs can use it, share it, or sell it.’’ lets them choose the terms on which ISPs Mr. POLIS. Mr. Speaker, I would like can use it, share it, or sell it. Americans are Consumers should be in control of increasingly concerned about their privacy, to inquire if the gentleman has any re- their own information. and in some cases have begun to censor their maining speakers. The second letter is from Consumers online activity for fear their personal infor- Mr. BURGESS. Mr. Speaker, I appar- Union, the policy arm of Consumer Re- mation may be compromised. Consumers ently do not have any additional ports. They say, in part, that this bill have repeatedly expressed their desire for speakers. ‘‘would strip consumers of their pri- more privacy protections and their belief Mr. POLIS. Mr. Speaker, I yield my- vacy rights and . . . leave them with that the government helps ensure those pro- self such time as I may consume. no protections at all.’’ tections are met. The FCC’s rules give It is no surprise that nobody wants to I include in the RECORD those two broadband customers confidence that their come to the floor and talk in favor of letters, Mr. Speaker. privacy and choices will be honored, but it this bill because it is such an awful does not in any way ban ISPs’ ability to JANUARY 27, 2017. market to users who opt-in to receive any bill. This bill would allow your Hon. PAUL RYAN, such targeted offers. broadband provider of internet services Speaker of the House, House of Representatives, to sell all of your personal information. Washington, DC. The ISPs’ overreaction to the FCC’s broadband privacy rules has been remark- So, again, the other side is trying to Hon. NANCY PELOSI, Minority Leader, House of Representatives, able. Their supposed concerns about the rule conflate two entirely different things. are significantly overblown. Some broadband When you do a transaction within an e- Washington, DC. Hon. MITCH MCCONNELL, providers and trade associations inac- commerce site or search site, you are Senate Majority Leader, U.S. Senate, Wash- curately suggest that this rule is a full ban agreeing to their terms of service, and ington, DC. on data use and disclosure by ISPs, and from you are engaging in a discrete trans- Hon. CHARLES SCHUMER, there complain that it will hamstring ISPs’ action, and the information that you Minority Leader, U.S. Senate, ability to compete with other large adver- enter is subject to their terms of use— Washington, DC. tising companies and platforms like Google and Facebook. To the contrary, ISPs can and completely appropriate. A competitor DEAR SPEAKER RYAN, SENATOR MCCONNELL, REPRESENTATIVE PELOSI, AND SENATOR SCHU- likely will continue to be able to benefit is only a click away. from use and sharing of their customers’ Whether there are any monopolistic MER: The undersigned media justice, con- sumer protection, civil liberties, and privacy data, so long as those customers consent to content providers is a different matter groups strongly urge you to oppose the use of such uses. The rules merely require the ISPs for a different day, and a different Fed- the Congressional Review Act (CRA) to to obtain that informed consent. eral agency—the FTC. What we are adopt a Resolution of Disapproval over- The ISPs and their trade associations al- talking about here is the access piece, turning the FCC’s broadband privacy order. ready have several petitions for reconsider- the broadband access piece. They actu- That order implements the mandates in Sec- ation of the privacy rules before the FCC. ally, through the pipes, get to see all of tion 222 of the 1996 Telecommunications Act, Their petitions argue that the FCC should ei- the information that is entered that which an overwhelming, bipartisan majority ther adopt a ‘‘Federal Trade Commission you see: every email; all of your credit of Congress enacted to protect telecommuni- style’’ approach to broadband privacy, or cations users’ privacy. The cable, telecom, card information; if you use the inter- that it should retreat from the field and its wireless, and advertising lobbies request for statutory duty in favor of the Federal Trade net for any personal medical research, CRA intervention is just another industry Commission itself. All of these suggestions all of your personal medical research; attempt to overturn rules that empower are fatally flawed. Not only is the FCC well your kids’ information, everything users and give them a say in how their pri- positioned to continue in its statutorily your kids and minors in the family do. vate information may be used. mandated role as the privacy watchdog for And what this bill says is: you don’t Not satisfied with trying to appeal the broadband telecom customers, it is the only have to require people to opt in to have rules of the agency, industry lobbyists have agency able to do so. As the 9th Circuit re- their information used. asked Congress to punish internet users by cently decided in a case brought by AT&T, way of restraining the FCC, when all the Consumers should be in control of common carriers are entirely exempt from agency did was implement Congress’ own di- FTC jurisdiction, meaning that presently their own information. They shouldn’t rective in the 1996 Act. This irresponsible, there is no privacy replacement for be forced to sell and give that informa- scorched-earth tactic is as harmful as it is broadband customers waiting at the FTC if tion to who knows who simply for the hypocritical. If Congress were to take the in- Congress disapproves the FCC’s rules here. dustry up on its request, a Resolution of Dis- price of admission for access to the This lays bare the true intent of these in- internet. approval could exempt internet service pro- viders (ISPs) from any and all privacy rules dustry groups, who also went to the FCC Again, we all want there to be a rea- asking for fine-tuning and reconsideration of sonable capital return on infrastruc- at the FCC. As you know, a successful CRA on the privacy rules could preclude the FCC the rules before they sent their CRA request. ture and on broadband. That is some- from promulgating any ‘‘substantially simi- These groups now ask Congress to create a thing we can agree on. If there is a case lar’’ regulations in the future—in direct con- vacuum and to give ISPs carte blanche, with to be made that we can do better in flict with Congress’ clear intention in Sec- no privacy rules or enforcement in place. providing an economic return to en- tion 222 that telecommunications carriers Without clear rules of the road under Sec- courage rural broadband, I am for it. I protect their customers’ privacy. It could tion 222, broadband users will have no cer- tainty about how their private information know many of my colleagues on the also preclude the FCC from addressing any of the other issues in the privacy order like re- can be used and no protection against its other side would be for it. Let’s do it. abuse. ISPs could and would use and disclose What we don’t want to do in that quiring data breach notification and from re- visiting these issues as technology continues consumer information at will, leading to ex- process is turn over the entire value to evolve in the future. The true con- tensive harm caused by breaches and by mis- chain of the internet to the infrastruc- sequences of this revoked authority are ap- use of data properly belonging to consumers. ture and provider side, rather than the parent when considering the ISPs’ other ef- Congress told the FCC in 1996 to ensure dynamic innovative content and e- forts to undermine the rules. Without these that telecommunications carriers protect commerce side. rules, ISPs could use and disclose customer the information they collect about their cus- I would like to read an excerpt from information at will. The result could be ex- tomers. Industry groups now ask Congress to two letters from groups who are op- tensive harm caused by breaches or misuse ignore the mandates in the Communications posed to this bill. The first is a coali- of data. Act, enacted with strong bipartisan support, tion of 19 media, justice, consumer pro- Broadband ISPs, by virtue of their position and overturn the FCC’s attempts to imple- as gatekeepers to everything on the internet, ment Congress’s word. The CRA is a blunt in- tection, civil liberties, and privacy have a largely unencumbered view into their strument and it is inappropriate in this in- groups. customers’ online communications. That in- stance, where rules clearly benefit internet Their concern that: ‘‘Without these cludes the websites they visit, the videos users notwithstanding ISPs’ disagreement rules, ISPs could use and disclose cus- they watch, and the messages they send. with them.

VerDate Sep 11 2014 00:49 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K28MR7.029 H28MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2484 CONGRESSIONAL RECORD — HOUSE March 28, 2017 We strongly urge you to oppose any resolu- first have to scrap Title II reclassification— [From the Huffington Post, March 22, 2017] tion of disapproval that would overturn the not an easy task which would be both time- WHY AMERICANS SHOULD BE WORRIED ABOUT FCC’s broadband privacy rule. consuming and subject to judicial review, THEIR ONLINE, BROADBAND PRIVACY Sincerely, and jeopardize the legal grounding of the 2015 (By Jared Polis) Access Now, American Civil Liberties Open Internet Order. Congress, in turn, Union, Broadband Alliance of Mendocino would have to pass legislation to remove the Over the last couple of months, the dia- County, Center for Democracy and Tech- common carrier exemption, thus granting logue surrounding government surveillance nology, Center for Digital Democracy, Cen- the FTC jurisdiction over those ISPs who are and consumer privacy has shifted in a trou- ter for Media Justice, Color of Change, Con- common carriers. We are skeptical Congress bling direction. While news outlets are cov- sumer Action, Consumer Federation of would take such an action. Finally, the FTC ering everything from false claims of wire- America, Consumer Federation of California, does not enjoy the same robust rulemaking taps to outlandish claims of reconnaissance Consumer Watchdog, Consumer’s Union, authority that the FCC does. As a result, microwaves, Republicans are quietly taking Free Press Action Fund, May First/People consumers would have to wait for something real and dramatic steps to protect corporate Link, National Hispanic Media Coalition, bad to happen before the FTC would step in profits at the cost of your privacy. A few New America’s Open Technology Institute, to remedy a violation of privacy rights. Any weeks ago, Senator Jeff Flake (R–Ariz.) and Online Trust Alliance, Privacy Rights Clear- fondness for the FTC’s approach to privacy is Representative Marsha Blackburn (R–Tenn.) ing House, Public Knowledge. merely support for dramatically weaker pri- filed bills in both the House of Representa- vacy protections favored by most corpora- tives and the Senate that, if passed, will per- CONSUMERS UNION, tions. manently eliminate broadband users’ pri- March 27, 2017. There is no question that consumers favor vacy protections, affecting nearly everyone House of Representatives, the FCC’s current broadband privacy rules. who uses the Internet. Washington, DC. Consumers Union launched an online peti- The legislation allows broadband providers DEAR REPRESENTATIVE: Consumers Union, tion drive last month in support of the Com- to access and sell consumers’ information the policy and mobilization arm of Consumer mission’s strong rules. To date, close to without their permission. As our gateway to Reports, writes regarding House consider- 50,000 consumers have signed the petition the Internet, Broadband Internet Service ation of S.J. Res. 34, approved by a 50–48 and the number is growing. Last week, more Providers—commonly referred to as ISPs— party line vote in the Senate last week. than 24,000 consumers contacted their Sen- have access to a wealth of personal informa- This resolution, if passed by the House and ators urging them to oppose the CRA resolu- tion, from our physical location to our shop- signed into law by President, would use the tion in the 24 hours leading up to the vote. ping habits and the medical issues we re- Congressional Review Act (CRA) to nullify Consumers care about privacy and want the search—can reveal potentially sensitive de- the Federal Communication Commission’s strong privacy protections afforded to the tails about our personal lives. (FCC) newly-enacted broadband privacy them by the FCC. Any removal or watering Every search, every website visited, every rules that give consumers better control down of those rules would represent the de- article read online, see how often you log over their data. Many Senators cited ‘‘con- struction of simple privacy protections for into and use your various online accounts sumer confusion’’ as a reason to do away consumers. and even, in some cases, collect your loca- with the FCC’s privacy rules, but we have Even worse, if this resolution is passed, tion. Think about what someone could con- seen no evidence proving this assertion and using the Congressional Review Act here will clude from this information about you—your fail to understand how taking away in- prevent the FCC from adopting privacy overall health, risk activity, political affili- creased privacy protections eliminates con- rules—even weaker ones—to protect con- ation, preferences. What could they do with fusion. Therefore, we strongly oppose pas- sumers in the future. Under the CRA, once a that information? Could they change pricing sage of this resolution—it would strip con- rule is erased, an agency cannot move for- of goods and services depending on your in- sumers of their privacy rights and, as we ex- ward with any ‘‘substantially similar’’ rule come and past purchasing behaviors? Could plain below, leave them with no protections unless Congress enacts new legislation spe- you face challenges obtaining insurance due cifically authorizing it. Among other im- at all. We urge you to vote no on S.J. Res. 34. to perceptions on your health or risk behav- pacts, this means a bare majority in the Sen- The FCC made history last October when it ior based on your search activity? This rule ate can void a rule, but then restoration of adopted consumer-friendly privacy rules change will literally allow broadband pro- that rule is subject to full legislative proc- that give consumers more control over how viders to have access to your entire personal their information is collected by internet ess, including a filibuster. The CRA is a blunt instrument—and if used in this con- life on a network and sell it. service providers (ISPs). Said another way, After years of advocating for further con- these rules permit consumers to decide when text, blatantly anti-consumer. We are more than willing to work with you sumer protections, in October 2016, the Fed- an ISP can collect a treasure trove of con- and your fellow Representatives to craft pri- eral Communications Commission (FCC) sumer information, whether it is a web vacy legislation that affords consumer effec- took a responsible and commonsense step to browsing history or the apps a consumer tive and easy-to-understand protections. The establish broadband privacy protections—but may have on a smartphone. We believe the FCC made a step in that direction when it only months later Republicans are trying to rules are simple, reasonable, and straight- adopted the broadband privacy rules last roll back the progress made and repeal the forward. year, and getting rid of them via the Con- existing rules, fighting alongside corporate ISPs, by virtue of their position as gate- broadband providers. keepers to everything on the internet, enjoy gressional Review Act is a step back, not for- ward. Therefore, we encourage you to vote The legislation is unnecessary, as the FCC a unique window into consumers’ online ac- has already taken steps to review the rules, tivities. Data including websites consumers no on S.J. Res. 34. Respectfully, pausing implementation to conduct a careful visit, videos viewed, and messages sent is examination of the complexities of imple- LAURA MACCLEERY, very valuable. Small wonder, then, that ISPs mentation. The Republican legislation, are working so hard to have the FCC’s new Vice President, Con- sumer Policy & Mo- would stop this process, bypass public com- privacy rules thrown out through use of the ment, and eliminate the privacy protections Congressional Review Act. But we should bilization, Consumer Reports. permanently and irrevocably. make no mistake: abandoning the FCC’s new That is why I am drawing attention to this JONATHAN SCHWANTES, privacy rules is about what benefits big cable critical issue, before it’s too late. Senior Policy Counsel, companies and not about what is best for Mr. POLIS. Like these groups, I also consumers. Consumers Union. Many argue the FCC should have the same KATIE MCINNIS, believe that privacy is worth defend- privacy rules as those of the Federal Trade Policy Counsel, Con- ing. In the wrong hands, information Commission (FTC). FCC Chairman Ajit Pai sumers Union. can be damaging and used for the went so far as to say ‘‘jurisdiction over Mr. POLIS. I also include in the wrong reasons. broadband providers’ privacy and data secu- RECORD an op-ed that I had the oppor- Simply put, this bill is about con- rity practices should be returned to the FTC, tunity to publish last week on this veying the value of the internet to the the nation’s expert agency with respect to topic. My piece is entitled ‘‘Why Amer- infrastructure side rather than the these important subjects,’’ even though the FTC currently possesses no jurisdiction over icans should be worried about their on- content side. And rather than finding the vast majority of ISPs thanks to the com- line broadband privacy,’’ talking about common ground to establish reasonable mon carrier exemption—an exemption made this very bill that Congress has the te- ROI for broadband and internet invest- stricter by the Ninth Circuit Court of Ap- nacity to try to bring to the floor ments, this bill would hurt the entire peals in last year’s AT&T Mobility case. We under this rule to force the most per- internet ecosystem by breaking down have heard this flawed logic time and time sonal information pieces of informa- the trust between consumers and serv- again as one of the principal arguments for tion about every aspect of your inter- ice providers. getting rid of the FCC’s strong privacy rules. net behavior, and that of your family What they are really trying to do Unfortunately, this is such a poor solution that it amounts to no solution at all. members, to be given to the broadband here is shift the reasonable burden for For the FTC to regain jurisdiction over the provider to do whatever they want cybersecurity measures from the inter- privacy practices of ISPs, the FCC would with. net servers onto consumers. At the

VerDate Sep 11 2014 04:01 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A28MR7.010 H28MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 28, 2017 CONGRESSIONAL RECORD — HOUSE H2485 same time, they want to eliminate the viders, leaving us with a two-track system has been America’s sole online privacy requirements of cybersecurity meas- under which the FCC applies its own set of regulator. Under the FTC’s watch, our ures, even notify consumers of viola- rules for ISPs while the FTC monitors the internet and data economy has been tions, and they want to collect more rest of the internet ecosystem. the envy of the world. The agency’s Even after the 2015 power grab, the FCC and more consumer data without any could have simply adopted as its own the evidence-based approach calibrates pri- protections to do what they want with. FTC’s successful sensitivity-based model of vacy and data-security requirements to Supporting this bill would make each privacy regulation. Instead—after last year’s the sensitivity of information col- and every user of the internet vulner- election—the FCC finalized privacy regula- lected, used or shared online, and ap- able to violations of our privacy and tions that deviate extensively from the FTC plies protections in a consistent and vulnerable to cybersecurity threats framework in several key respects. evenhanded way across business sec- without even receiving notifications of The FCC rules subject all web browsing tors. Consumer behavior demonstrates when our own intimate information, and app usage data to the same restrictive the success of the FTC’s regulatory ap- requirements as sensitive personal informa- like credit card numbers, is com- tion. That means that information generated proach: Each day people spend more promised. from looking up the latest Cardinals score or time engaging in online activities.’’ The FCC took a responsible, delib- checking the weather in Scottsdale is treat- Now, continuing to quote here: ‘‘The erate, and commonsense step to estab- ed the same as personal health and financial FCC’s overreach is a dangerous devi- lish broadband privacy protections in data. ation from successful regulation and October 2016. If they need to be The new rules also restrict an ISP’s ability commonsense industry practices. But tweaked or changed, let’s have a proc- to inform customers about innovative and don’t take my word for it. The FTC ess to do that. This bill is not that cost-saving product offerings. So much for concluded that the FCC’s decision to process. It not only undoes those pri- consumer choice. The FCC’s overreach is a dangerous devi- treat ISPs differently from the rest of vacy protections but prevents the FCC ation from successful regulation and com- the internet ecosystem was ‘not opti- from ever issuing a rule that has those mon-sense industry practices. But don’t just mal’—agencyspeak for ‘a really bad privacy protections in it. take my word for it. The FTC concluded that idea.’ ’’ Mr. Speaker, if passed, this bill would the FCC’s decision to treat ISPs differently One final quote from Senator FLAKE’s be an irrevocable step in the wrong di- from the rest of the internet ecosystem was op-ed: ‘‘This CRA resolution does noth- rection. I urge my colleagues to vote ‘‘not optimal—agency-speak for ‘‘a really ing to change the privacy protections ‘‘no’’ on this rule and the underlying bad idea.’’ consumers currently enjoy. I hope Con- bill, and I yield back the balance of my Outside of the FTC’s well-founded con- gress and the FCC will continue work- cerns, the new rules are also a departure time. from bipartisan agreement on the need for ing together to address issues of con- Mr. BURGESS. Mr. Speaker, I yield consistent online privacy rules. President cern down the road. However, it is im- myself the remainder of my time. Obama noted in 2012 that ‘‘companies should perative for rulemaking entities to I include in the RECORD an op-ed present choices about data sharing, collec- stay in their jurisdictional lanes. We from The Wall Street Journal from tion, use, and disclosure that are appropriate need to reject these harmful midnight March 1, 2017, by JEFF FLAKE, a mem- for the scale, scope, and sensitivity of per- privacy regulations that serve only to ber of the other body. The title of the sonal data in question at the time of collec- empower bureaucrats and hurt con- op-ed is ‘‘Settling a Bureaucratic Turf tion.’’ In other words, privacy rules should sumers.’’ War in Online Privacy Rules.’’ be based on the data itself. But that’s not how the FCC sees it. The Mr. Speaker, today’s rule provides [From The Wall Street Journal, Mar. 1, 2017] commission’s rules suffocate industry and for the consideration of a critical Con- SETTLING A BUREAUCRATIC TURF WAR IN harm consumers by creating two completely gressional Review Act resolution to re- ONLINE PRIVACY RULES different sets of requirements for different peal a duplicative Federal regulation (By Jeff Flake) parts of the internet. dropped on the doorstep of the Amer- To protect consumers from these harmful When you shop online from your tablet or ican people in the last hours of the pre- new regulations, I will soon introduce a reso- browse the internet on your smartphones, vious administration. The rule the lution under the Congressional Review Act you expect your personal data to be secure. House will be voting on today to repeal to repeal the FCC’s flawed privacy rules. Technology companies invest billions of dol- While the resolution would eliminate those would create uncertainty and chaos lars on data security to protect consumer rules, it would not change the current statu- surrounding the protection of people’s privacy. privacy online. Privacy is also a cornerstone of consumer tory classification of broadband service or I want to thank Mrs. BLACKBURN of protection, with federal enforcement agen- bring ISPs back under FTC jurisdiction. In- cies striking an appropriate balance between stead, the resolution would scrap the FCC’s Tennessee, the chairwoman of the En- innovation and security in their regulations. newly imposed privacy rules in the hope that ergy and Commerce Subcommittee on But just as a flawed line of code can render it would follow the FTC’s successful sensi- Communication and Technology, for a new firewall program useless, the new pri- tivity-based framework. her work on this critical issue. vacy rules that were rushed through in the This CRA resolution does nothing to I urge my colleagues to vote ‘‘yes’’ change the privacy protections consumers waning days of the Obama administration on the rule and vote ‘‘yes’’ on the un- risk crashing our longstanding privacy-pro- currently enjoy. I hope Congress and the FCC will continue working together to ad- derlying resolution. tection regime. The material previously referred to For two decades, the Federal Trade Com- dress issues of concern down the road. How- mission has been America’s sole online pri- ever, it is imperative for rule-making enti- by Mr. POLIS is as follows: vacy regulator. Under the FTC’s watch, our ties to stay in their jurisdictional lanes. We AN AMENDMENT TO H. RES. 230 OFFERED BY internet and data economy has been the need to reject these harmful midnight pri- MR. POLIS envy of the world. The agency’s evidence- vacy regulations that serve only to empower At the end of the resolution, add the fol- based approach calibrates privacy and data- bureaucrats and hurt consumers. lowing new sections: security requirements to the sensitivity of Mr. BURGESS. I want to read from a SEC. 2. Immediately upon adoption of this information collected, used or shared online, couple of the lines from this op-ed. The resolution the Speaker shall, pursuant to and applies protections in a consistent and Senator states here: ‘‘Privacy is also a clause 2(b) of rule XVIII, declare the House evenhanded way across business sectors. cornerstone of consumer protection, resolved into the Committee of the Whole House on the state of the Union for consider- Consumer behavior demonstrates the success with Federal enforcement agencies of the FTC’s regulatory approach: Each day ation of the bill (H.R. 305) to amend the Eth- people spend more time engaging in online striking an appropriate balance be- ics in Government Act of 1978 to require the activities. tween innovation and security in their disclosure of certain tax returns by Presi- But in 2015, in a bid to expand its own regulations. But just as a flawed line of dents and certain candidates for the office of power, the Federal Communications Com- code can render a new firewall program the President, and for other purposes. All mission short-circuited the effectiveness of useless, the new privacy rules that points of order against consideration of the the FTC’s approach by reclassifying internet were rushed through in the waning bill are waived. General debate shall be con- service providers as common carriers, sub- days of the Obama administration risk fined to the bill and shall not exceed one ject to Title II of the Communications Act. hour equally divided among and controlled In taking that unprecedented action, the crashing our longstanding privacy-pro- by the respective chairs and ranking minor- FCC unilaterally stripped the FTC of its tra- tection regime.’’ ity members of the Committees on Ways and ditional jurisdiction over ISPs. The FTC can Continuing to quote here: ‘‘For two Means and Oversight and Government Re- no longer police the privacy practices of pro- decades, the Federal Trade Commission form. After general debate the bill shall be

VerDate Sep 11 2014 01:49 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K28MR7.032 H28MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2486 CONGRESSIONAL RECORD — HOUSE March 28, 2017 considered for amendment under the five- on Rules] opens the resolution to amend- ing the previous question on the reso- minute rule. All points of order against pro- ment and further debate.’’ (Chapter 21, sec- lution (H. Res. 229) providing for con- visions in the bill are waived. At the conclu- tion 21.2) Section 21.3 continues: ‘‘Upon re- sideration of the bill (H.R. 1430) to pro- sion of consideration of the bill for amend- jection of the motion for the previous ques- hibit the Environmental Protection ment the Committee shall rise and report tion on a resolution reported from the Com- the bill to the House with such amendments mittee on Rules, control shifts to the Mem- Agency from proposing, finalizing, or as may have been adopted. The previous ber leading the opposition to the previous disseminating regulations or assess- question shall be considered as ordered on question, who may offer a proper amendment ments based upon science that is not the bill and amendments thereto to final or motion and who controls the time for de- transparent or reproducible, on which passage without intervening motion except bate thereon.’’ the yeas and nays were ordered. one motion to recommit with or without in- Clearly, the vote on the previous question The Clerk read the title of the resolu- on a rule does have substantive policy impli- structions. If the Committee of the Whole tion. rises and reports that it has come to no reso- cations. It is one of the only available tools lution on the bill, then on the next legisla- for those who oppose the Republican major- The SPEAKER pro tempore. The tive day the House shall, immediately after ity’s agenda and allows those with alter- question is on ordering the previous the third daily order of business under clause native views the opportunity to offer an al- question. 1 of rule XIV, resolve into the Committee of ternative plan. The vote was taken by electronic de- the Whole for further consideration of the Mr. BURGESS. Mr. Speaker, I yield vice, and there were—yeas 231, nays bill. back the balance of my time, and I 189, not voting 19, as follows: SEC. 3. Clause 1(c) of rule XIX shall not move the previous question on the res- [Roll No. 197] apply to the consideration of H.R. 305. olution. The SPEAKER pro tempore. The YEAS—231 THE VOTE ON THE PREVIOUS QUESTION: WHAT question is on ordering the previous Abraham Gaetz Meehan IT REALLY MEANS Aderholt Gallagher Messer This vote, the vote on whether to order the question. Allen Garrett Mitchell previous question on a special rule, is not The question was taken; and the Amash Gibbs Moolenaar merely a procedural vote. A vote against or- Speaker pro tempore announced that Amodei Gohmert Mooney (WV) the ayes appeared to have it. Arrington Goodlatte Mullin dering the previous question is a vote Babin Gosar Murphy (PA) against the Republican majority agenda and Mr. POLIS. Mr. Speaker, on that I Bacon Gowdy Newhouse a vote to allow the Democratic minority to demand the yeas and nays. Banks (IN) Granger Noem offer an alternative plan. It is a vote about The yeas and nays were ordered. Barletta Graves (GA) Nunes what the House should be debating. The SPEAKER pro tempore. Pursu- Barr Graves (LA) Olson Mr. Clarence Cannon’s Precedents of the ant to clause 8 of rule XX, further pro- Barton Graves (MO) Palazzo House of Representatives (VI, 308–311), de- Bergman Griffith Palmer ceedings on this question will be post- Biggs Grothman Paulsen scribes the vote on the previous question on poned. Bilirakis Guthrie Pearce the rule as ‘‘a motion to direct or control the f Bishop (MI) Harper Perry consideration of the subject before the House Bishop (UT) Harris Poe (TX) being made by the Member in charge.’’ To RECESS Black Hartzler Poliquin defeat the previous question is to give the Blackburn Hensarling Posey opposition a chance to decide the subject be- The SPEAKER pro tempore. Pursu- Blum Herrera Beutler Ratcliffe fore the House. Cannon cites the Speaker’s ant to clause 12(a) of rule I, the Chair Bost Hice, Jody B. Reed declares the House in recess until ap- Brady (TX) Higgins (LA) Reichert ruling of January 13, 1920, to the effect that Brat Hill Renacci ‘‘the refusal of the House to sustain the de- proximately 3 p.m. today. Bridenstine Holding Rice (SC) mand for the previous question passes the Accordingly (at 2 o’clock and 1 Brooks (AL) Hollingsworth Roby control of the resolution to the opposition’’ minute p.m.), the House stood in re- Brooks (IN) Hudson Roe (TN) in order to offer an amendment. On March cess. Buchanan Huizenga Rogers (AL) 15, 1909, a member of the majority party of- Buck Hultgren Rogers (KY) fered a rule resolution. The House defeated f Bucshon Hunter Rohrabacher Budd Hurd Rokita the previous question and a member of the b 1500 Burgess Issa Rooney, Francis opposition rose to a parliamentary inquiry, AFTER RECESS Byrne Jenkins (KS) Roskam asking who was entitled to recognition. Calvert Jenkins (WV) Ross Speaker Joseph G. Cannon (R–Illinois) said: The recess having expired, the House Carter (GA) Johnson (LA) Rothfus ‘‘The previous question having been refused, was called to order by the Speaker pro Carter (TX) Johnson (OH) Rouzer Chabot Johnson, Sam Royce (CA) the gentleman from New York, Mr. Fitz- tempore (Mr. HULTGREN) at 3 p.m. gerald, who had asked the gentleman to Chaffetz Jones Russell f Cheney Jordan Rutherford yield to him for an amendment, is entitled to Coffman Joyce (OH) Sanford the first recognition.’’ ANNOUNCEMENT BY THE SPEAKER Cole Katko Scalise The Republican majority may say ‘‘the PRO TEMPORE Collins (GA) Kelly (MS) Schweikert vote on the previous question is simply a Collins (NY) Kelly (PA) Scott, Austin vote on whether to proceed to an immediate The SPEAKER pro tempore. Pursu- Comer King (IA) Sensenbrenner vote on adopting the resolution . . . [and] ant to clause 8 of rule XX, proceedings Comstock King (NY) Sessions has no substantive legislative or policy im- will resume on questions previously Conaway Kinzinger Shimkus Cook Knight Shuster plications whatsoever.’’ But that is not what postponed. Costello (PA) Kustoff (TN) Smith (MO) they have always said. Listen to the Repub- Votes will be taken in the following Cramer Labrador Smith (NE) lican Leadership Manual on the Legislative order: Crawford LaHood Smith (NJ) Process in the United States House of Rep- Ordering the previous question on Culberson LaMalfa Smith (TX) resentatives, (6th edition, page 135). Here’s Curbelo (FL) Lamborn Smucker House Resolution 229; Davidson Lance Stefanik how the Republicans describe the previous Adoption of House Resolution 229, if question vote in their own manual: ‘‘Al- Davis, Rodney Latta Stewart ordered; Denham Lewis (MN) Stivers though it is generally not possible to amend Dent LoBiondo Taylor the rule because the majority Member con- Ordering the previous question on House Resolution 230; and DeSantis Long Tenney trolling the time will not yield for the pur- DesJarlais Loudermilk Thompson (PA) pose of offering an amendment, the same re- Adoption of House Resolution 230, if Diaz-Balart Love Thornberry sult may be achieved by voting down the pre- ordered. Donovan Lucas Tiberi vious question on the rule.... When the The first electronic vote will be con- Duffy Luetkemeyer Tipton motion for the previous question is defeated, ducted as a 15-minute vote. Remaining Duncan (SC) MacArthur Trott Duncan (TN) Marchant Turner control of the time passes to the Member electronic votes will be conducted as 5- Dunn Marshall Upton who led the opposition to ordering the pre- minute votes. Emmer Massie Valadao vious question. That Member, because he f Farenthold Mast Wagner then controls the time, may offer an amend- Faso McCarthy Walberg ment to the rule, or yield for the purpose of PROVIDING FOR CONSIDERATION Ferguson McCaul Walden amendment.’’ OF H.R. 1430, HONEST AND OPEN Fitzpatrick McClintock Walker In Deschler’s Procedure in the U.S. House Fleischmann McHenry Walorski NEW EPA SCIENCE TREATMENT Flores McKinley Walters, Mimi of Representatives, the subchapter titled ACT OF 2017 Fortenberry McMorris Weber (TX) ‘‘Amending Special Rules’’ states: ‘‘a refusal Foxx Rodgers Webster (FL) to order the previous question on such a rule The SPEAKER pro tempore. The un- Franks (AZ) McSally Wenstrup [a special rule reported from the Committee finished business is the vote on order- Frelinghuysen Meadows Westerman

VerDate Sep 11 2014 01:49 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A28MR7.019 H28MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 28, 2017 CONGRESSIONAL RECORD — HOUSE H2487 Williams Woodall Young (IA) A recorded vote was ordered. Castro (TX) Jeffries Pelosi Wilson (SC) Yoder Zeldin Chu, Judy Johnson (GA) Perlmutter Wittman Yoho The SPEAKER pro tempore. This is a Cicilline Johnson, E. B. Peters Womack Young (AK) 5-minute vote. Clark (MA) Kaptur Peterson Clarke (NY) Keating NAYS—189 The vote was taken by electronic de- Pingree vice, and there were—ayes 231, noes 185, Clay Kelly (IL) Pocan Adams Fudge Napolitano Clyburn Kennedy Polis Aguilar Gabbard Neal not voting 13, as follows: Cohen Khanna Quigley Barraga´ n Gallego Nolan [Roll No. 198] Connolly Kihuen Raskin Bass Garamendi Norcross Conyers Kildee Rice (NY) Cooper Kilmer Beatty Gonzalez (TX) O’Halleran AYES—231 Richmond Correa Kind Bera Gottheimer O’Rourke Abraham Gibbs Newhouse Rosen Beyer Green, Al Courtney Krishnamoorthi Pallone Aderholt Gohmert Noem Roybal-Allard Bishop (GA) Green, Gene Crist Kuster (NH) Panetta Allen Goodlatte Nunes Ruiz Blumenauer Grijalva Crowley Langevin Pascrell Amash Gosar Olson ´ Cuellar Larsen (WA) Ruppersberger Blunt Rochester Gutierrez Payne Amodei Gowdy Palazzo Cummings Larson (CT) Ryan (OH) Bonamici Hanabusa Pelosi Arrington Granger Palmer Davis (CA) Lawrence Sa´ nchez Boyle, Brendan Hastings Perlmutter Babin Graves (GA) Paulsen Davis, Danny Lawson (FL) Sarbanes F. Heck Peters Bacon Graves (LA) Pearce DeFazio Lee Schakowsky Brady (PA) Higgins (NY) Peterson Banks (IN) Graves (MO) Perry DeGette Levin Schiff Brown (MD) Himes Pingree Barletta Griffith Poe (TX) Delaney Lewis (GA) Schneider Brownley (CA) Hoyer Pocan Barr Grothman Poliquin DeLauro Lieu, Ted Schrader Bustos Huffman Polis Barton Guthrie Posey DelBene Lipinski Scott (VA) Butterfield Jackson Lee Quigley Bergman Harper Ratcliffe Demings Loebsack Serrano Capuano Jayapal Raskin Biggs Harris Reed DeSaulnier Lofgren Carbajal Jeffries Rice (NY) Bilirakis Hartzler Sewell (AL) ´ Reichert Deutch Lowenthal Cardenas Johnson (GA) Richmond Bishop (MI) Hensarling Shea-Porter Renacci Dingell Lowey Carson (IN) Johnson, E. B. Rosen Bishop (UT) Herrera Beutler Sherman Cartwright Kaptur Rice (SC) Doggett Lujan Grisham, Roybal-Allard Black Hice, Jody B. Sinema Castor (FL) Keating Roby Doyle, Michael M. Ruiz Blackburn Higgins (LA) Sires Castro (TX) Kelly (IL) Roe (TN) F. Luja´ n, Ben Ray Ruppersberger Blum Hill Smith (WA) Chu, Judy Kennedy Rogers (KY) Ellison Lynch Ryan (OH) Bost Holding Soto Cicilline Khanna Rohrabacher Engel Maloney, Sa´ nchez Brady (TX) Hollingsworth Speier Clark (MA) Kihuen Rokita Eshoo Carolyn B. Sarbanes Brat Hudson Suozzi Clarke (NY) Kildee Rooney, Francis Espaillat Maloney, Sean Schakowsky Bridenstine Huizenga Swalwell (CA) Clay Kilmer Roskam Esty Matsui Schiff Brooks (AL) Hultgren Takano Cleaver Kind Ross Evans McCollum Schneider Brooks (IN) Hunter Thompson (CA) Clyburn Krishnamoorthi Foster McEachin Buchanan Hurd Rothfus Thompson (MS) Schrader Frankel (FL) McGovern Cohen Kuster (NH) Buck Issa Rouzer Scott (VA) Fudge McNerney Titus Connolly Langevin Bucshon Jenkins (KS) Royce (CA) Serrano Gabbard Meeks Tonko Conyers Larsen (WA) Budd Jenkins (WV) Russell Sewell (AL) Garamendi Meng Torres Cooper Larson (CT) Burgess Johnson (LA) Rutherford Shea-Porter Gonzalez (TX) Moore Tsongas Correa Lawrence Byrne Johnson (OH) Sanford Sherman Gottheimer Moulton Vargas Costa Lawson (FL) Calvert Johnson, Sam Scalise Sinema Green, Al Murphy (FL) Veasey Courtney Lee Carter (GA) Jones Schweikert Sires Green, Gene Nadler Vela Crist Levin Carter (TX) Jordan Scott, Austin Smith (WA) Grijalva Napolitano Vela´ zquez Crowley Lewis (GA) Chabot Joyce (OH) Sensenbrenner Soto Gutie´rrez Neal Visclosky Cuellar Lieu, Ted Chaffetz Katko Sessions Speier Hanabusa Nolan Walz Cummings Lipinski Cheney Kelly (MS) Shimkus Davis (CA) Loebsack Suozzi Hastings Norcross Wasserman Coffman Kelly (PA) Shuster Davis, Danny Lofgren Swalwell (CA) Heck O’Halleran Schultz Cole King (IA) Smith (MO) Takano Higgins (NY) O’Rourke Waters, Maxine DeFazio Lowenthal Collins (GA) King (NY) Thompson (CA) Smith (NE) Hoyer Pallone Watson Coleman DeGette Lowey Collins (NY) Kinzinger Thompson (MS) Smith (NJ) Huffman Panetta Welch Delaney Lujan Grisham, Comer Knight Titus Smith (TX) Jackson Lee Pascrell Wilson (FL) DeLauro M. Comstock Kustoff (TN) ´ Tonko Smucker Jayapal Payne Yarmuth DelBene Lujan, Ben Ray Conaway Torres Labrador Stefanik Demings Lynch Cook LaHood Tsongas Stewart NOT VOTING—13 DeSaulnier Maloney, Costa LaMalfa Vargas Stivers Deutch Carolyn B. Costello (PA) Lamborn Cleaver Price (NC) Rush Veasey Taylor Dingell Maloney, Sean Cramer Lance Gallego Rogers (AL) Scott, David Vela Tenney Doggett Matsui Crawford Latta Himes Rooney, Thomas Simpson Vela´ zquez Thompson (PA) Doyle, Michael McCollum Culberson Lewis (MN) Marino J. Slaughter Visclosky Thornberry F. McEachin Curbelo (FL) LoBiondo Pittenger Ros-Lehtinen Walz Tiberi Ellison McGovern Davidson Long Wasserman Tipton ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Engel McNerney Davis, Rodney Loudermilk Schultz Trott Eshoo Meeks Denham Love The SPEAKER pro tempore (during Waters, Maxine Turner Espaillat Meng Dent Lucas the vote). There are 2 minutes remain- Esty Moore Watson Coleman Upton DeSantis Luetkemeyer ing. Evans Moulton Welch DesJarlais MacArthur Valadao Foster Murphy (FL) Wilson (FL) Wagner Diaz-Balart Marchant b 1532 Frankel (FL) Nadler Yarmuth Donovan Marshall Walberg Walden NOT VOTING—9 Duffy Massie So the resolution was agreed to. Duncan (SC) Mast Walker The result of the vote was announced Marino Rooney, Thomas Scott, David Duncan (TN) McCarthy Walorski Pittenger J. Simpson Dunn McCaul Walters, Mimi as above recorded. Price (NC) Ros-Lehtinen Slaughter Emmer McClintock Weber (TX) A motion to reconsider was laid on Rush Farenthold McHenry Webster (FL) the table. b 1525 Faso McKinley Wenstrup Ferguson McMorris Westerman f Mr. BLUMENAUER and Ms. ROY- Fitzpatrick Rodgers Williams BAL-ALLARD changed their vote from Fleischmann McSally Wilson (SC) PROVIDING FOR CONSIDERATION Wittman ‘‘yea’’ to ‘‘nay.’’ Flores Meadows OF S.J. RES. 34, PROVIDING FOR Fortenberry Meehan Womack CONGRESSIONAL DISAPPROVAL Mr. CULBERSON changed his vote Foxx Messer Woodall from ‘‘nay’’ to ‘‘yea.’’ Franks (AZ) Mitchell Yoder OF A RULE SUBMITTED BY THE So the previous question was ordered. Frelinghuysen Moolenaar Yoho FEDERAL COMMUNICATIONS Gaetz Mooney (WV) Young (AK) COMMISSION The result of the vote was announced Gallagher Mullin Young (IA) as above recorded. Garrett Murphy (PA) Zeldin The SPEAKER pro tempore. The un- The SPEAKER pro tempore. The finished business is the vote on order- NOES—185 question is on the resolution. ing the previous question on the reso- The question was taken; and the Adams Blumenauer Bustos Aguilar Blunt Rochester Butterfield lution (H. Res. 230) providing for con- Speaker pro tempore announced that Barraga´ n Bonamici Capuano sideration of the joint resolution (S.J. the ayes appeared to have it. Bass Boyle, Brendan Carbajal Res. 34) providing for congressional dis- ´ RECORDED VOTE Beatty F. Cardenas approval under chapter 8 of title 5, Bera Brady (PA) Carson (IN) Mr. POLIS. Mr. Speaker, I demand a Beyer Brown (MD) Cartwright United States Code, of the rule sub- recorded vote. Bishop (GA) Brownley (CA) Castor (FL) mitted by the Federal Communications

VerDate Sep 11 2014 01:49 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A28MR7.012 H28MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2488 CONGRESSIONAL RECORD — HOUSE March 28, 2017 Commission relating to ‘‘Protecting NAYS—184 The vote was taken by electronic de- the Privacy of Customers of Broadband Adams Fudge Napolitano vice, and there were—ayes 231, noes 189, and Other Telecommunications Serv- Aguilar Gabbard Neal not voting 9, as follows: Barraga´ n Gallego Nolan ices’’, on which the yeas and nays were Bass Garamendi Norcross [Roll No. 200] ordered. Beatty Gottheimer O’Halleran AYES—231 The Clerk read the title of the resolu- Bera Green, Al O’Rourke tion. Beyer Green, Gene Pallone Abraham Gohmert Noem Bishop (GA) Grijalva Panetta Aderholt Goodlatte Nunes The SPEAKER pro tempore. The Blumenauer Gutie´rrez Pascrell Allen Gosar Olson question is on ordering the previous Blunt Rochester Hanabusa Payne Amash Gowdy Palazzo question. Bonamici Hastings Pelosi Amodei Granger Palmer Boyle, Brendan Heck Perlmutter Arrington Graves (GA) Paulsen This will be a 5-minute vote. F. Higgins (NY) Peters Babin Graves (LA) Pearce The vote was taken by electronic de- Brady (PA) Himes Peterson Bacon Graves (MO) Perry vice, and there were—yeas 232, nays Brown (MD) Hoyer Pingree Banks (IN) Griffith Poe (TX) Brownley (CA) Huffman Pocan Barletta Grothman Poliquin 184, not voting 13, as follows: Bustos Jackson Lee Polis Barr Guthrie Posey [Roll No. 199] Butterfield Jayapal Quigley Barton Harper Ratcliffe Capuano Jeffries Raskin Bergman Harris YEAS—232 Reed Carbajal Johnson (GA) Rice (NY) Biggs Hartzler Reichert Abraham Gohmert Newhouse Ca´ rdenas Johnson, E. B. Richmond Bilirakis Hensarling Renacci Bishop (MI) Herrera Beutler Aderholt Goodlatte Noem Cartwright Keating Rosen Rice (SC) Bishop (UT) Hice, Jody B. Allen Gosar Nunes Castor (FL) Kelly (IL) Roybal-Allard Roby Black Higgins (LA) Amash Gowdy Olson Castro (TX) Kennedy Ruiz Roe (TN) Blackburn Hill Amodei Granger Palazzo Chu, Judy Khanna Ruppersberger Rogers (AL) Blum Holding Arrington Graves (GA) Palmer Cicilline Kihuen Ryan (OH) Rogers (KY) Clark (MA) Kildee ´ Bost Hollingsworth Babin Graves (LA) Paulsen Sanchez Rohrabacher Clarke (NY) Kilmer Sarbanes Brady (TX) Hudson Bacon Graves (MO) Pearce Rokita Clay Kind Schakowsky Brat Huizenga Banks (IN) Griffith Perry Rooney, Francis Barletta Grothman Poe (TX) Cleaver Krishnamoorthi Schiff Bridenstine Hultgren Brooks (AL) Hunter Roskam Barr Guthrie Poliquin Clyburn Kuster (NH) Schneider Brooks (IN) Hurd Ross Barton Harper Posey Cohen Langevin Schrader Buchanan Issa Rothfus Bergman Harris Ratcliffe Connolly Larsen (WA) Scott (VA) Buck Jenkins (KS) Rouzer Biggs Hartzler Reed Conyers Larson (CT) Serrano Bucshon Jenkins (WV) Royce (CA) Bilirakis Hensarling Reichert Cooper Lawrence Sewell (AL) Budd Johnson (LA) Russell Bishop (MI) Herrera Beutler Renacci Correa Lawson (FL) Shea-Porter Burgess Johnson (OH) Rutherford Bishop (UT) Hice, Jody B. Rice (SC) Costa Lee Sherman Byrne Johnson, Sam Sanford Black Higgins (LA) Roby Courtney Levin Sinema Calvert Jones Scalise Blackburn Hill Roe (TN) Crist Lewis (GA) Sires Carter (GA) Jordan Schweikert Blum Holding Rogers (AL) Crowley Lieu, Ted Smith (WA) Cuellar Lipinski Carter (TX) Joyce (OH) Scott, Austin Bost Hollingsworth Rogers (KY) Soto Cummings Loebsack Speier Chabot Katko Sensenbrenner Brady (TX) Hudson Rohrabacher Davis (CA) Lofgren Swalwell (CA) Chaffetz Kelly (MS) Sessions Brat Huizenga Rokita Davis, Danny Lowenthal Takano Cheney Kelly (PA) Shimkus Bridenstine Hultgren Rooney, Francis DeGette Lowey Thompson (CA) Coffman King (IA) Shuster Brooks (AL) Hunter Roskam Delaney Lujan Grisham, Thompson (MS) Cole King (NY) Smith (MO) Brooks (IN) Hurd Ross DeLauro M. Titus Collins (GA) Kinzinger Smith (NE) Buchanan Issa Rothfus DelBene Luja´ n, Ben Ray Tonko Collins (NY) Knight Smith (NJ) Buck Jenkins (KS) Rouzer Demings Lynch Torres Comer Kustoff (TN) Smith (TX) Bucshon Jenkins (WV) Royce (CA) DeSaulnier Maloney, Tsongas Comstock Labrador Smucker Budd Johnson (LA) Russell Burgess Johnson (OH) Deutch Carolyn B. Vargas Conaway LaHood Stefanik Rutherford Byrne Johnson, Sam Dingell Maloney, Sean Veasey Cook LaMalfa Stewart Sanford Calvert Jones Doggett Matsui Vela Costello (PA) Lamborn Stivers Scalise Carter (GA) Jordan Doyle, Michael McCollum Vela´ zquez Cramer Lance Taylor Schweikert Carter (TX) Joyce (OH) F. McEachin Visclosky Crawford Latta Scott, Austin Tenney Chabot Kaptur Ellison McGovern Walz Culberson Lewis (MN) Sensenbrenner Thompson (PA) Chaffetz Katko Engel McNerney Wasserman Curbelo (FL) LoBiondo Thornberry Sessions Davidson Long Cheney Kelly (MS) Eshoo Meeks Schultz Tiberi Shimkus Davis, Rodney Loudermilk Coffman Kelly (PA) Espaillat Meng Waters, Maxine Tipton Shuster Denham Love Cole King (IA) Esty Moore Watson Coleman Trott Smith (MO) Dent Lucas Collins (GA) King (NY) Evans Moulton Welch Turner Smith (NE) DeSantis Luetkemeyer Collins (NY) Kinzinger Foster Murphy (FL) Wilson (FL) Upton Comer Knight Smith (NJ) Frankel (FL) Nadler Yarmuth DesJarlais MacArthur Smith (TX) Diaz-Balart Marchant Valadao Comstock Kustoff (TN) Wagner Conaway Labrador Smucker NOT VOTING—13 Donovan Marshall Stefanik Walberg Cook LaHood Carson (IN) Price (NC) Scott, David Duffy Massie Stewart Duncan (SC) Mast Walden Costello (PA) LaMalfa DeFazio Rooney, Thomas Simpson Walker Cramer Lamborn Stivers Duncan (TN) McCarthy Gonzalez (TX) J. Slaughter Walorski Crawford Lance Taylor Dunn McCaul Marino Ros-Lehtinen Suozzi Walters, Mimi Culberson Latta Tenney Emmer McClintock Pittenger Rush Weber (TX) Curbelo (FL) Lewis (MN) Thompson (PA) Farenthold McHenry Webster (FL) Davidson LoBiondo Thornberry ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Faso McKinley Wenstrup Davis, Rodney Long Tiberi The SPEAKER pro tempore (during Ferguson McMorris Denham Loudermilk Tipton Fitzpatrick Rodgers Westerman Dent Love Trott the vote). There are 2 minutes remain- Fleischmann McSally Williams DeSantis Lucas Turner ing. Flores Meadows Wilson (SC) DesJarlais Luetkemeyer Upton Fortenberry Meehan Wittman Diaz-Balart MacArthur Valadao Foxx Messer Womack Donovan Marchant Wagner b 1539 Franks (AZ) Mitchell Woodall Duffy Marshall Walberg Frelinghuysen Moolenaar Yoder Duncan (SC) Massie Walden So the previous question was ordered. Gaetz Mooney (WV) Yoho Duncan (TN) Mast Walker The result of the vote was announced Gallagher Mullin Young (AK) Dunn McCarthy Walorski as above recorded. Garrett Murphy (PA) Young (IA) Emmer McCaul Walters, Mimi Gibbs Newhouse Zeldin Farenthold McClintock Weber (TX) The SPEAKER pro tempore. The Faso McHenry Webster (FL) question is on the resolution. NOES—189 Ferguson McKinley Wenstrup The question was taken; and the Adams Boyle, Brendan Castor (FL) Fitzpatrick McMorris Westerman Speaker pro tempore announced that Aguilar F. Castro (TX) Fleischmann Rodgers Williams Barraga´ n Brady (PA) Chu, Judy Flores McSally Wilson (SC) the ayes appeared to have it. Bass Brown (MD) Cicilline Fortenberry Meadows Wittman RECORDED VOTE Beatty Brownley (CA) Clark (MA) Foxx Meehan Womack Bustos Clarke (NY) Mr. POLIS. Mr. Speaker, I demand a Bera Franks (AZ) Messer Woodall Beyer Butterfield Clay Frelinghuysen Mitchell Yoder recorded vote. Bishop (GA) Capuano Cleaver Gaetz Moolenaar Yoho Carbajal Clyburn A recorded vote was ordered. Blumenauer Gallagher Mooney (WV) Young (AK) Ca´ rdenas Cohen Blunt Rochester Garrett Mullin Young (IA) The SPEAKER pro tempore. This is a Carson (IN) Connolly Bonamici Gibbs Murphy (PA) Zeldin 5-minute vote. Cartwright Conyers

VerDate Sep 11 2014 01:49 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K28MR7.041 H28MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 28, 2017 CONGRESSIONAL RECORD — HOUSE H2489 Cooper Keating Perlmutter The SPEAKER pro tempore. Pursu- stitute estimates that Federal regula- Correa Kelly (IL) Peters Costa Kennedy Peterson ant to House Resolution 230, the joint tions cost our economy $1.9 trillion in Courtney Khanna Pingree resolution is considered read. 2015. Crist Kihuen Pocan The text of the joint resolution is as Since President Trump took office, Crowley Kildee Polis follows: Republicans have been working dili- Cuellar Kilmer Quigley Cummings Kind Raskin S.J. RES. 34 gently to loosen the regulatory envi- Davis (CA) Krishnamoorthi Rice (NY) Resolved by the Senate and House of Rep- ronment that is suffocating hard- Davis, Danny Kuster (NH) Richmond resentatives of the United States of America in working taxpayers. DeFazio Langevin Rosen Congress assembled, That Congress dis- Here is what multiple House Demo- DeGette Larsen (WA) Roybal-Allard Delaney Larson (CT) Ruiz approves the rule submitted by the Federal crats said in a letter to the FCC last DeLauro Lawrence Ruppersberger Communications Commission relating to May regarding the FCC’s privacy rules: DelBene Lawson (FL) Ryan (OH) ‘‘Protecting the Privacy of Customers of The rulemaking intends to go well beyond Demings Lee Sa´ nchez Broadband and Other Telecommunications the traditional framework that has guarded DeSaulnier Levin Sarbanes Services’’ (81 Fed. Reg. 87274 (December 2, Deutch Lewis (GA) Schakowsky consumers from data practices of internet 2016)), and such rule shall have no force or ef- service providers and ill-served consumers Dingell Lieu, Ted Schiff fect. Doggett Lipinski Schneider who seek and expect consistency in how Doyle, Michael Loebsack Schrader The SPEAKER pro tempore. The their personal data is protected. F. Lofgren Scott (VA) joint resolution shall be debatable for 1 Ellison Lowenthal Serrano Further, FTC Commissioner Joshua Engel Lowey Sewell (AL) hour equally divided and controlled by Wright testified before Congress that Eshoo Lujan Grisham, Shea-Porter the chair and ranking minority mem- the FTC has unique experience in en- Espaillat M. Sherman ber of the Committee on Energy and forcing broadband service providers’ Esty Luja´ n, Ben Ray Sinema Commerce. Evans Lynch Sires obligations to protect the privacy and Foster Maloney, Smith (WA) The gentlewoman from Tennessee security of consumer data. He added Frankel (FL) Carolyn B. Soto (Mrs. BLACKBURN) and the gentleman that the rules will actually do less to Fudge Maloney, Sean Speier from Pennsylvania (Mr. MICHAEL F. Gabbard Matsui Suozzi protect consumers by depriving the Gallego McCollum Swalwell (CA) DOYLE) each will control 30 minutes. FTC of its longstanding jurisdiction in Garamendi McEachin Takano GENERAL LEAVE the area. Once again, these rules hurt Gonzalez (TX) McGovern Thompson (CA) Mrs. BLACKBURN. Mr. Speaker, I Gottheimer McNerney Thompson (MS) consumers. Green, Al Meeks Titus ask unanimous consent that all Mem- Incredibly, former FCC Chairman Green, Gene Meng Tonko bers may have 5 legislative days to re- Tom Wheeler referred to the internet Grijalva Moore Torres vise and extend their remarks and to as the most powerful and pervasive Gutie´rrez Moulton Tsongas Hanabusa Murphy (FL) Vargas include extraneous material on S.J. network in the history of the planet Hastings Nadler Veasey Res. 34. before these rules were even created. I Heck Napolitano Vela The SPEAKER pro tempore. Is there found this really odd because it implied Higgins (NY) Neal Vela´ zquez objection to the request of the gentle- Himes Nolan Visclosky that the FTC regulation had indeed Hoyer Norcross Walz woman from Tennessee? been successful and ought to continue, Huffman O’Halleran Wasserman There was no objection. ultimately undermining his own ra- Jackson Lee O’Rourke Schultz Mrs. BLACKBURN. Mr. Speaker, I tionale for additional FCC privacy reg- Jayapal Pallone Waters, Maxine Jeffries Panetta Watson Coleman yield myself such time as I may con- ulation. Johnson (GA) Pascrell Welch sume. Now, there are a couple of myths Johnson, E. B. Payne Wilson (FL) Mr. Speaker, I do rise today in sup- that are going around that I want to Kaptur Pelosi Yarmuth port of S.J. Res. 34, which disapproves take the time to dispel. Our friends NOT VOTING—9 of the rule submitted by the Federal claim there will be a gap for ISPs in Marino Rooney, Thomas Scott, David Communications Commission relating the FCC privacy rules when they are Pittenger J. Simpson to protecting the privacy of customers overturned. This simply is false, and Price (NC) Ros-Lehtinen Slaughter of broadband and other telecommuni- let me tell you why. The FCC already Rush cation services. has the authority to enforce the pri- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE I applaud Senator FLAKE’s work on vacy obligations of broadband service The SPEAKER pro tempore (during this issue, as S.J. Res. 34 was passed by providers on a case-by-case basis. the vote). There are 2 minutes remain- the Senate last week. I also filed a Pursuant to section 201 of the Com- ing. companion resolution in the House. munications Act, they can police prac- The FCC finalized its broadband pri- b 1547 tices of the ISPs that are unjust or un- vacy rules on October 27, 2016. At that reasonable. Sections 202 and 222 also So the resolution was agreed to. time, they assured us that the rules protect consumers. It is already in The result of the vote was announced would provide broadband customers statute. So I encourage my friends to as above recorded. meaningful choice, greater trans- read title II of the Communications A motion to reconsider was laid on parency, and stronger security protec- Act. Also, the State attorneys general the table. tions for their personal information have the ability to go after companies f collected by internet service providers, for unfair and deceptive practices. but the reality is much different. Third, litigation is another avenue PROVIDING FOR CONGRESSIONAL There are three specific problems consumers can pursue against ISPs for DISAPPROVAL OF A RULE SUB- with which the FCC has gone about mishandling personal data. Service MITTED BY THE FEDERAL COM- these rules. First, the FCC unilaterally providers have privacy policies. If they MUNICATIONS COMMISSION swiped jurisdiction from the Federal violate the policy, guess what? They Mrs. BLACKBURN. Mr. Speaker, pur- Trade Commission. The FTC has served can be sued. I know Democrats will suant to House Resolution 230, I call up as our Nation’s sole online privacy reg- certainly understand that, as they the joint resolution (S.J. Res. 34) pro- ulator for over 20 years. have many trial lawyer friends, and I viding for congressional disapproval Second, having two privacy cops on urge them to speak to the trial bar. under chapter 8 of title 5, United the beat will create confusion within Fourth, the free market is another States Code, of the rule submitted by the internet ecosystem and will end up great equalizer. Can you imagine the the Federal Communications Commis- harming consumers. embarrassment for an ISP that is sion relating to ‘‘Protecting the Pri- Third, the FCC already has authority caught unlawfully selling data? We vacy of Customers of Broadband and to enforce privacy obligations of have all seen the economic fallout from Other Telecommunications Services’’, broadband service providers on a case- something such as a data breach. Com- and ask for its immediate consider- by-case basis. These broadband privacy panies have a financial incentive to ation in the House. rules are unnecessary and are just an- handle your personal data properly be- The Clerk read the title of the joint other example of Big Government over- cause to do otherwise would signifi- resolution. reach. The Competitive Enterprise In- cantly impair their financial standing.

VerDate Sep 11 2014 01:49 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A28MR7.018 H28MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2490 CONGRESSIONAL RECORD — HOUSE March 28, 2017 To my Democrat friends across the One, internet service providers rule. Specifically, the D.C. Circuit has stated aisle, the bottom line is this: the only should ask permission before selling that ‘‘[i]n the absence of notice—for exam- gap that exists is in these arguments your private internet browsing history, ple, where the regulation is not sufficiently clear to warn a party about what is expected that you have made. app usage, or other sensitive informa- of it—an agency may not deprive a party of Consumer privacy is something we tion; property.’’ Thus, an agency cannot at once all want to protect, and consumer pri- Two, once they have your informa- invent and enforce a legal obligation. vacy will continue to be protected and tion, internet service providers should Yet this is precisely what has happened will actually be enhanced by removing take reasonable measures to protect it; here. In this case, there is no pre-existing the uncertainty and confusion these and legal obligation to protect personally identi- rules will create, as the Democrats fiable information (also known as PII) or no- Finally, if the information gets sto- tify customers of a PII data breach to en- Rush, Schrader, and Green indicated in len, the company should quickly let force. The Commission has never interpreted a letter to the FCC last May. you know. the Communications Act to impose an en- I also want to speak, for just a mo- That is it. That is all that is being forceable duty on carriers to ‘‘employ rea- ment, on the edge providers because asked of them. sonable data security practices to protect’’ there has been some question about These modest rules don’t stop inter- PII. The Commission has never expounded a who has visibility into your data. Clin- net service providers from using data duty that carriers notify all consumers of a ton administration veteran privacy ex- data breach of PII. The Commission has for advertising and profiling or what- never adopted rules regarding the misappro- pert Peter Swire offered a report in ever else so long as they ask first. priation, breach, or unlawful disclosure of February 2016 titled ‘‘Online Privacy in ISPs have an obligation under these PII. The Commission never identifies in the ISPs.’’ rules not to dive into the personal lives entire Notice of Apparent Liability a single ISP’s access to consumer data is lim- of Americans unless that is what those rule that has been violated. ited and often less than access to oth- Americans want. They just need to ask Nevertheless, the Commission asserts that these companies violated novel legal inter- ers. Swire found that ISPs have less first. visibility into consumer behavior on- pretations and never-adopted rules. And it This is particularly true because seeks to impose a substantial financial pen- line than search, social media, adver- broadband providers see literally ev- alty. In so doing, the Commission runs afoul tising, and big tech companies. erything you do online, every website of the fair warning rule. I cannot support Swire’s study found that, as a result you visit, every app, every device, such ‘‘sentence first, verdict afterward’’ deci- of advancing technologies, the rise of every time. By analyzing your internet sion-making. To the extent that the circumstances giv- encryption, and the various ways and usage and browsing history, these com- locations individuals access the inter- ing rise to today’s item merited the Commis- panies will know more about you than sion’s attention, there was a better (and law- net, ISPs now have increasingly lim- members of your own family, more ful) path forward. We could have opened a ited insight into our activities and in- than you tell your doctor, more than notice-and-comment rulemaking. This proc- formation online. you know about yourself. Without ess would have given the public an oppor- By contrast, however, so-called edge these rules, these companies don’t have tunity to speak. And in turn, the agency providers, like search engines, social to ask before selling all of that infor- would have had a chance to formulate clear, well-considered rules—rules we then could media, advertising, shopping, and other mation, and they don’t have to take services online, often have greater visi- have enforced against anyone who violated reasonable measures to protect that in- them. Instead, the Commission proposes a bility into personal consumer data. formation when they collect it. Mr. Speaker, I reserve the balance of forfeiture today that, if actually imposed, Make no mistake about this, col- has little chance of surviving judicial review. my time. leagues: Anyone who votes for this bill One more thing. The Commission asserts Mr. MICHAEL F. DOYLE of Pennsyl- is telling your constituents that they that the base forfeiture for these violations vania. Mr. Speaker, I yield myself such no longer have the freedom to decide is nine billion dollars—that’s $9,000,000,000— time as I may consume. which is by far the biggest in our history. It Mr. Speaker, I rise today in strong how to control their own information. strains credulity to think that Congress in- opposition to S.J. Res. 34. You have given that freedom away to tended such massive potential liability for Today, colleagues, we are waist deep big corporations. More importantly, ‘‘telecommunications carriers’’ but not re- in the swamp. The American people did there aren’t rules to fall back on if tailers or banks or insurance companies or Congress scraps these. tech companies or cable operators or any of not ask for this resolution. the myriad other businesses that possess In fact, no company will even put its Critics of the rules argue that the Federal Trade Commission should consumers’ PII. Nor can I understand how name behind this effort. Instead, this such liability can be squared with the En- resolution is the result of an explicit oversee the privacy protection for forcement Bureau’s recent consent decrees written request from Washington lob- broadband providers, but, under cur- with these companies. Under those consent byists. These lobbyists make the bogus rent law, they have no authority to do decrees, the companies paid the Treasury claim that having actual protections so, and the CRA won’t do a thing to fix $440,000 and $160,000 for flouting our actual will confuse consumers and the only that. Under a Federal court of appeals rules and draining the Universal Service case, the FTC has no authority over Fund by seeking Lifeline support multiple way to help clear up this information times for the same customer. is to have no rules at all. mobile broadband providers at all. Consumer protection is a critical compo- No consumer has come forward to And to those that say the FCC can nent of the agency’s charge to promote the support this position. No consumer has evaluate complaints on a case-by-case public interest. But any enforcement action said this argument even makes sense. basis using its statutory authority, the we take in that regard must comport with I challenge every Member of this current Chairman—your current Chair- the law. For the reasons stated above, I dis- body at your next townhall meeting to man—stated that section 222 cannot be sent. have a show of hands of how many peo- used to protect personal information Mr. MICHAEL F. DOYLE of Pennsyl- ple think it is a good idea to allow your and that rules are necessary to enforce vania. Without these protections, there internet service provider to sell their this statute. will be no clear rules of the road. At a personal information without their Mr. Speaker, I include for the time when foreign actors like the Rus- permission. RECORD a statement by the FCC Com- sians, the Chinese, and everyone else missioner. under the sun are constantly trying to b 1600 steal our data and compromise our se- DISSENTING STATEMENT OF COMMISSIONER Then after you get that show of curity, it would be irresponsible to roll AJIT PAI hands, ask them how many of them back the only Federal safeguards we would vote for you if you support al- Re TerraCom, Inc. and YourTel America, Inc., Apparent Liability for Forfeiture, have. I want my colleagues to think lowing corporations to do that. File No. EB–TCD–13–00009175. long and hard before you give corpora- This resolution is of the swamp and tions the ability to sell your informa- for the swamp and no one else. The A core principle of the American legal sys- tem is due process. The government cannot tion without their permission. rules of this resolution would overturn sanction you for violating the law unless it Mr. Speaker, I include several arti- rules that are simple and make com- has told you what the law is. cles in the RECORD by Free Press and mon sense. They don’t require much, In the regulatory context, due process is the Open Technology Institute oppos- only three things: protected, in part, through the fair warning ing the CRA, an op-ed from a current

VerDate Sep 11 2014 01:49 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K28MR7.046 H28MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 28, 2017 CONGRESSIONAL RECORD — HOUSE H2491 FTC Commissioner opposing this CRA, broadband service had become one of the ISPS KNOW ALL and a memorandum from engineers at first pay-for-privacy plans on the market. YOU DESERVE MORE PRIVACY FROM YOUR EFF opposing this CRA. The AT&T deal allows customers to opt out BROADBAND PROVIDER of some information sharing if they pay an (By Eric Null) [From Free Press, May 10, 2016] extra $29 a month or more. As you read this post, your internet service PAY-FOR-PRIVACY SCHEMES PUT THE MOST For a struggling family, that could mean provider is collecting information about you: VULNERABLE AMERICANS AT RISK choosing between paying for privacy and what you’re reading right now on Slate, (By Sandra Fulton) paying for groceries or the public transpor- tation needed to get to work. And while what URL you go to next, what time of day The FCC has opened a proceeding on the AT&T might be the first to launch this kind it is, and whether you’re on your home com- rules and policies surrounding privacy rights of service, an article in Fortune notes that puter or your mobile device, among many for broadband service. One industry practice other companies are eager to roll out similar other data points. Your ISP has similar data called into question in that proceeding could plans. about apps you’ve used, how much data you have a devastating impact on our most vul- Under pay-for-privacy models, consumers consume at any given time of day, and your nerable populations. who are unable to pay the higher broadband other daily internet habits and rhythms. Of Internet service providers charge cost will likely see their ISPs share their course, your ISP has other up-to-date per- broadband customers a ton for Internet ac- data with shadowy online data brokers who sonal information as well—things like your cess. ISPs are increasingly finding new rev- use this information to tailor marketing name, address, telephone number, credit card enue streams too, by taking part in the messages. While unregulated and unaccount- number, and likely your Social Security multibillion-dollar market that’s evolved able data brokers are a threat to everyone’s number. In this way, ISPs have access to a out of selling users’ personal information to privacy, they’re notorious for targeting low- uniquely detailed, comprehensive, and accu- online marketers. As the debate around pri- income communities, people of color and rate view of you and every other subscriber. vacy has heated up, ISPs have tried to pla- other vulnerable demographics. All of this at a time when consumer concern cate the public’s growing interest in privacy One particularly damning report from the over privacy is increasing and has actually protections while maintaining revenues they Senate Commerce Committee offered this caused people to refrain from engaging in e- can get when they auction off their cus- glimpse into how these brokers categorize commerce and other activities online. tomers’ valuable personal information. and label these target audiences: To make matters worse, you are essen- One proposed solution that AT&T has The Senate committee’s report notes, for tially powerless to limit the data your ISP largely ‘‘pioneered’’? Have customers pay to example, that the ‘‘Hard Times’’ category in- collects about you. While you may, in some preserve their privacy. cludes people who are ‘‘Older, down-scale and instances, defend yourself against tracking The potential harms and discriminatory ethnically diverse singles typically con- by websites and apps by disallowing cookies implications of this practice are obvious. It centrated in inner-city apartments.’’ or turning on ‘‘Do Not Track’’ in your brows- could mean that only people with the nec- It continues: ‘‘This is the bottom of the so- er settings, in many cases there is no way to essary financial means could protect their cioeconomic ladder, the poorest lifestyle seg- protect against ISP tracking except by privacy and prevent their ISPs from sharing ment in the nation. Hard Times are older avoiding the internet altogether. their personal information with predatory singles in poor city neighborhoods. Nearly While there are some tools that can help online marketers. The FCC rulemaking pro- three-quarters of the adults are between the consumers protect themselves, they are not ceeding seeks comments on whether to allow ages of 50 and 75; this is an underclass of the prevalent. For example, ISPs cannot see full such ‘‘financial inducements’’ for the sur- working poor and destitute seniors without website addresses when that site uses render of private information. If the agency family support . . .’’ encryption—denoted by a small lock icon in decides not to ban such practices outright, it These classifications can influence not just your browser bar. However, the website—not wants to know how it should regulate them. what kinds of ads people see, but the interest you—decides whether it will use encryption. As our lives have moved online, ISPs have rates they’re offered or the insurance pre- And while Netflix traffic is encrypted (so gained access to our most sensitive personal miums they pay. These targeted commu- your ISP only knows you’re watching videos, information. Advanced technologies allow nities are precisely the ones who can’t pay not specifically which ones you’re watching), companies to track us invisibly, collecting extra to shield their personal information WebMD traffic is not (so your ISP likely and selling data on nearly every detail of from these dangerous companies. knows every page you’ve visited on WebMD), what we do online. There may be some argument that if big even though medical symptoms are clearly But ISPs don’t just stop at knowing what companies are going to profit from our data much more personal than your favorite TV we’re doing. The location tracking that’s anyway, it’s actually good if their customers program. needed to provide mobile service to our get a share of that. The FCC’s rulemaking Another example of ways consumers can phones lets the ISPs know when and where proposal notes that brickand-mortar stores purportedly protect themselves is through we do it too. And they can figure out the and websites alike offer all sorts of ‘‘free’’ virtual private networks, or VPNs, which people and organizations we associate with services, discounts and perks in exchange for route web traffic through another network by looking at who we talk to and which the data they mine from their customers and and therefore effectively ‘‘hide’’ the traffic websites we visit. users. from the person’s ISP. But VPNs are dif- As ISPs track their customers, they create But the nature of the broadband market— ficult to use and configure. They often cost comprehensive dossiers containing sensitive where users have no real options when it extra money, slow down your browsing, and information on each person’s finances, comes to choosing their providers, and no simply send your data through some other health, age, race, religion and ethnicity. way to opt out short of staying offline— access provider that may be collecting data Their reach is so pervasive that information makes the tradeoffs here especially worthy about you, too. These options are not prac- like a visit to a website discussing mental of attention. If users could get fair value for tical defenses for most consumers. health, a search on how to collect unemploy- their data, and if they got a real discount on Currently, there are no rules to prevent ment benefits, or a visit to a church or broadband and not just a privacy penalty, your ISP from using these data for almost Planned Parenthood office could be swept up and if they were providing truly informed any purpose, including categorizing you and into their databases. consent with full knowledge of all the per- serving you advertisements based on those How do you feel about your ISP selling nicious uses data brokers have for their in- categories. Targeted ads may even be based such a personal glimpse into your life to on- formation, then maybe we could have a con- on whether you have (or the ISP has inferred line advertisers? Under a pay-for-privacy versation about the fairness of such schemes. you have) a certain disease or what your in- scheme, you wouldn’t need to worry about it But those are some very big ifs. come level is. Recently, Cable One was found so long as you could afford to shell out the We need better transparency rules for mar- to be using predictive analytics to determine hush money. But those who aren’t so fortu- keters and easy-to-use disclosures and opt-in which of its customers were ‘‘hollow’’ (that nate would have to relinquish any control mechanisms before we get there. We also is, had low credit scores) and then offering over how their personal data is spread across need strong baseline privacy protections them low-quality customer service. Cable the Web. guaranteed for all, including rules that pro- One technicians, the company’s CEO stated, The FCC raised concerns about this dy- hibit ISPs from using discriminatory aren’t going to ‘‘spend 15 minutes setting up namic when it launched its rulemaking pro- schemes that jeopardize the rights of their an iPhone app’’ for someone with a low cred- ceeding, noting that such pay-for-privacy most vulnerable customers. it score. Of course, making decisions based practices might disadvantage low-income We applaud the FCC for taking this crucial on credit scores is going to disproportion- people and members of other vulnerable first step to protect privacy from broadband ately affect communities of color and other communities. But it didn’t make any spe- ISPs’ overreach and abuse. As gatekeepers to vulnerable populations. Additionally, the cific recommendations or issue any pro- the Internet, ISPs hold a wealth of informa- data ISPs collect, often compiled into a posals on how to regulate in this space. tion about their customers, and the Commu- ‘‘profile,’’ might be sold to third parties (like Long before the FCC launched this inquiry nications Act commands the FCC to estab- advertisers or data brokers) and used and re- at the end of March 2016, and even before the lish strong safeguards for that private info. used for purposes for which they were not agency had clarified its authority to protect But the FCC also must also remember that initially collected—in ways that often annoy broadband users in the February 2015 Open our rights are not for sale—and that privacy people, such as when personal information is Internet Order, AT&T’s GigaPower is not a luxury for the wealthy. used to send a ‘‘barrage of unwanted

VerDate Sep 11 2014 04:01 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K28MR7.049 H28MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2492 CONGRESSIONAL RECORD — HOUSE March 28, 2017 emails.’’ And as the number of entities who ELECTRONIC FRONTIER FOUNDATION, lives, one of Congress’ most important hold your data increases, so too does the San Francisco, CA. responsibilities is to strike the right chance those data will be compromised by a FIVE WAYS AMERICANS’ CYBERSECURITY WILL balance between protecting consumers’ leak or hack. SUFFER IF CONGRESS REPEALS THE FCC privacy while also allowing for private So you may find yourself between a rock PRIVACY RULES sector innovation and the new jobs and and a hard place: Use the internet and give If the House votes to repeal the FCC’s re- economic growth that accompany it. up your privacy, or forego internet access cent privacy rules, Americans’ cybersecurity The resolution before us today re- entirely—something that’s not exactly rea- will be put at risk. That’s because privacy verses overreaching, shortsighted, and sonable. But there is good news. The Federal and security are two sides of the same coin: Communications Commission is trying to privacy is about controlling who has access misguided rules adopted by unelected make sure that you and all other ISP cus- to information about you, and security is bureaucrats at the Federal Commu- tomers don’t have to confront this choice. In how you maintain that control. You usually nications Commission. These rules do 2015, as part of decision to uphold net neu- can’t break one without breaking the other, little to enhance privacy, but clearly trality, the FCC ruled that ISPs are ‘‘com- and that’s especially true in this context. To add a new layer of Federal red tape on mon carriers.’’ (The U.S. Court of Appeals show how, here are five ways repealing the innovators and job creators. This is ex- for the District of Columbia Circuit recently FCC’s privacy rules will weaken Americans’ actly the type of government overreach upheld that ruling.) Since then, the FCC has cybersecurity. that the Congressional Review Act was had a statutory obligation to protect the 1. Internet providers will record our brows- data ISPs collect about their customers. To ing history, and the systems they use to meant to stop. accomplish that, the FCC recently proposed record that information (not to mention the The Federal Communications Com- a new rule that would require ISPs, in most information itself) will become very tempt- mission, frankly, overstepped its cases, to seek opt-in consent from customers ing targets for hackers. (Just imagine what bounds on many issues during the before using data collected for purposes would happen if a foreign hacker thought she Obama administration, including pri- other than to provide service, such as to de- could blackmail a politician or a celebrity vacy regulations. After stripping the liver certain kinds of ads or to sell to data based on their browsing history.) Federal Trade Commission of its au- brokers. That means that if the rule passes, 2. In order to record encrypted browsing thority over the privacy practices of your ISP would have to notify you of any history (i.e. https websites), Internet pro- new intended use of the data and give you viders will start deploying systems that re- internet service providers, ISPs, the the opportunity to say ‘‘yes, that is OK with move the encryption so they can inspect the FCC adopted shortsighted rules that me’’ or ‘‘no, that is not OK with me.’’ Of key data. Although US-CERT (part of DHS) just only apply to one part of the internet. importance in this rule is that if you said put out an alert saying that this is ex- Despite the FTC’s proven case-by-case ‘‘no,’’ your ISP couldn’t just refuse to serve tremely dangerous for Americans’ cybersecu- approach to privacy enforcement that, you—it would have to respect your wishes rity, FCC Chairman Pai just decided not to frankly, has protected consumers, and still provide you with service. enforce rules that keep Internet providers while simultaneously allowing ISPs to The FCC’s proposal should be enacted, be- from doing this. innovate, the FCC opted to abandon cause you should not have to trade your pri- 3. Internet providers will insert ads into our browsing, but that could break the exist- this model in favor of an approach that vacy to access the internet. (New America’s assumes the Federal Government Open Technology Institute, where I work, ing code on webpages. That means security has been actively engaged on this issue and features might be broken, which could ex- knows best what consumers want. has submitted comments in the record. New pose Americans to a greater risk of attack. Simply put, the rules that the FCC America is a partner with Slate and Arizona 4. Internet providers will insert tracking applied to ISPs are illogical. The regu- State University in Future Tense.) It should tags into our browsing—and that means lations would require companies to go without saying, but it’s important enough every website will be able to track you, not apply the same privacy protections to that I will say it anyway: Internet access is just your Internet provider, and there’s consumer data, regardless of its impor- nothing you can do to stop them. imperative for personal and professional suc- tance or sensitivity. It hardly makes cess in today’s digital world. Yet to gain ac- 5. Internet providers will pre-install soft- ware to record information directly from our sense to treat a local weather update cess to the most important tool of the 21st and personal financial information the century, you have to allow your ISP access mobile phones (after all, it’s just one more to incredibly rich and private information source of information they can monetize). same way. about what you do online. You should get to But if the software that does that recording In addition, the FCC’s approach only control what it does with that data. Con- has bugs or vulnerabilities, hackers could protects consumer data as far as the sumers deserve real choice when it comes to break into that software, and then access ev- internet service provider is involved. protecting their data, and the opt-in regime erything the Internet provider could see. Do An entirely separate set of rules ap- you trust your Internet provider, which can’t proposed by the FCC is a huge step in the plies to providers of edge services. That right direction. even keep an appointment to fix your cable, to write completely bug-free software? means the giant search corporations, Yet—perhaps unsurprisingly—ISPs and The net result is simple: repealing the one of which controls up to 65 percent several House committees have responded to FCC’s privacy rules won’t just be a disaster of your searches on the internet, don’t the FCC’s proposal as if the sky is falling. for Americans’ privacy. It will be a disaster live by the same set of privacy rules as They have mounted an all-out assault on the for America’s cybersecurity, too. your small town ISP. idea that you should have the right to choose how ISPs use your data. Their argu- Mr. MICHAEL F. DOYLE of Pennsyl- What America needs is one standard, ments range from the highly dubious (the vania. Mr. Speaker, I reserve the bal- across-the-internet ecosystem, and the proposal exceeds the FCC’s authority) to the ance of my time. Federal Trade Commission is the best downright silly (consumers will be confused The SPEAKER pro tempore (Mr. place for that standard. by having different privacy rules for ISPs as ROGERS of Kentucky). The gentleman The impact of these rigid regulations compared with other companies, like search is reminded to address his remarks to has the potential to stifle one of the engines and social networks). Chances are the Chair. most innovative sectors of our Nation’s your ISP is telling the FCC that you don’t Mrs. BLACKBURN. Mr. Speaker, I economy, and it is consumers who will need protections against exploitation of your will remind my colleagues across the suffer. These rules, which Congress will data. (If you’re interested, you can see ex- actly what your ISP is saying—here are the aisle that, again, section 222 of the repeal, only lead to higher costs, less responses from AT&T, Comcast, Communications Act covers the au- competition, and fewer service offer- CenturyLink, T-Mobile, Verizon, and Sprint; thority that the FCC needs. Tradition- ings. This approach is particularly bur- unnamed ISPs may be represented by var- ally, online privacy has been handled densome for small businesses, which do ious trade associations like the National by the FTC. That is an authority that not have hallways full of lawyers to Cable and Telecommunications Association we have designated to them. navigate these tedious and unnecessary and CTIA for wireless.) However, as with the Mr. Speaker, I yield 5 minutes to the rules. net neutrality debate that led to this pro- gentleman from Oregon (Mr. WALDEN), The benefits of the FCC’s privacy posal, consumers may feel differently. chairman of the Energy and Commerce regulations are questionable, but the The FCC has proposed a very strong rule Committee. harms are certain, which is why I urge that will help protect ISP customers from Mr. WALDEN. Mr. Speaker, I thank my colleagues to support this resolu- exploitative uses of their data. This battle for consumer choice will be ongoing for my colleagues for their good work on tion. And once these rules are reversed, many months, but soon, you may finally be this legislation. the FCC can turn back to working to- able to choose both having internet access As we increasingly rely on tech- gether with the FTC to ensure that our and protecting your privacy. nology in nearly every area of our privacy framework allows the internet

VerDate Sep 11 2014 01:49 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A28MR7.042 H28MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 28, 2017 CONGRESSIONAL RECORD — HOUSE H2493 to flourish while truly protecting con- Last week, we heard the Republicans net service providers, the FCC subse- sumers. bemoan the lack of choice in the quently adopted rules that would harm Mr. MICHAEL F. DOYLE of Pennsyl- healthcare market. They should take a consumers and split the internet, cre- vania. Mr. Speaker, I would remind my closer look at the state of the ating an uneven playing field between friends that, under current law, the broadband market, particularly in service providers and content pro- FTC has no authority to regulate ISPs rural America, where only 13 percent of viders. Congress must fix this over- and that it was your Commissioner, consumers have access to more than reach so the new administration can your current FCC Commissioner, that one high-speed broadband provider. create a comprehensive, consistent set said that they can’t do it under section So the majority is telling Americans of privacy protections. 222 also, which I have submitted for the today, particularly those in rural b 1615 record. areas, that they need to choose be- Mr. Speaker, I yield 4 minutes to the tween their privacy and their access to Consumers expect their privacy to be gentlewoman from California (Ms. the internet. If this resolution passes, protected the same way no matter ESHOO). people across the country will cer- what type of entity holds their data. Ms. ESHOO. Mr. Speaker, I thank my tainly not have both. Having two sets of requirements cre- friend, Mr. DOYLE, for both his leader- This resolution is—excuse the ates confusion for consumers and may ship and for yielding time to me. phrase—repeal without replace. The jeopardize their confidence in the America, listen up today. There may Republicans have not put forward any internet. not be that many people on the floor of privacy proposal at all to replace the Our internet economy has thrived the House, but this is a big one. This is FCC’s rules, despite knowing that re- under the privacy regime created by really a big one. Congress is poised pealing these rules will leave a gap in the FTC. Yet the FCC, under its pre- today to betray the American people the Federal protections. vious Chairman, Tom Wheeler, wanted on one of the issues they care the most So the message to the American peo- to undermine that success by bifur- about: their privacy—their privacy. ple is clear: Your privacy doesn’t mat- cating privacy protections to serve Every single one of us cares about it, ter, and your web browsing history outside political interests, not the and so do the American people. I often should be available to anyone who will American consumer. say that every American has it in their pay the highest price for it. By contrast, the FCC’s approach did DNA: Keep your mitts off my privacy, For all these reasons, I urge my col- not base its requirements on con- what I consider to be private. leagues to stand up for privacy rights sumers’ preferences about sensitive in- Now, the consequences of passing and oppose this joint resolution. formation and to set opt-in and opt-out this resolution are clear. Broadband Mrs. BLACKBURN. Mr. Speaker, I defaults. Accordingly, its overall ap- providers like AT&T, Comcast, and yield the balance of my time to the proach was top-down, heavyhanded reg- others will be able to sell your personal gentleman from Texas (Mr. FLORES), ulation in stark contrast to the FTC’s information to the highest bidder with- and I ask unanimous consent that he greater reliance on markets and con- out your permission, and no one will be may control that time. sumer preferences. able to protect you, not even the Fed- The SPEAKER pro tempore. Is there The FCC’s rule has a number of prob- eral Trade Commission that our friends objection to the request of the gentle- lematic issues: on the other side of the aisle keep talk- woman from Tennessee? The first is that the opt-in/opt-out ing about. It is like open the door and There was no objection. regime reduces consumer choice and there is no one there. That is what this Mr. FLORES. Mr. Speaker, I yield would be detrimental to the survival of thing creates. myself such time as I may consume, many businesses in this country. The Republicans are blowing a gap- and I thank the gentlewoman for yield- The second is that the FCC would ing hole in Federal privacy protections ing the balance of her time to me. have prohibited unforeseeable future by barring the FCC from ever adopting Mr. Speaker, as an original cosponsor uses of collected data regardless of similar protections in the future. So, if of the House companion to S.J. Res. 34, what consumers actually preferred and it is gone today, it is gone, period. I rise to strongly urge my colleagues to businesses may need. The FCC rules are simple. They re- support the resolution before us today. Third, the FCC would also have un- quire broadband providers to get the Like all of my colleagues in the House, justly applied its heavyhanded ap- permission of their customers—includ- I care deeply about protecting the pri- proach to broadband providers, treat- ing all of us—before they can sell their vacy of our constituents, but I cannot ing them more harshly than other web browsing history, their location support the Federal Communications players in the internet ecosystem. information, and other sensitive data Commission’s counterproductive rules In sum, the FCC’s broadband privacy to third parties. that will actually harm consumers and protection approach would have re- The majority claims that we need to stifle innovation. jected free markets and ignored sound repeal these protections because they For 20 years, the Federal Trade Com- economics. treat broadband providers differently mission—or the FTC, as we call it, fre- Alternatively, the FTC private en- than other online service providers, quently—oversaw consumer privacy for forcement is market oriented and flexi- edge providers. Broadband providers the entire internet ecosystem: content ble and adaptable to changes in con- are in the unique position of seeing ev- providers, advertisers, and internet sumer preferences and markets. It also erything we do on the internet. This is service providers, or ISPs. The FTC’s treats companies and players neu- the reason, and it is reason enough, to privacy program focused on preserving trally, fostering an environment of put privacy protections in place; but it sensitive consumer data and took the competition and innovation. is also important to keep in mind that context of a consumer’s relationship This resolution rescinds the FCC’s consumers, all of us, pay a high month- with businesses into consideration. The rule, but it does provide the FCC the ly fee to broadband providers, and they FTC’s experience in implementing a opportunity to provide oversight more face serious barriers if they want to wide range of rules and regulations has in line with the FTC, which has been switch. If I want to switch, if you want resulted in over 500 cases protecting successfully regulating online privacy to switch, you have to, many times, consumer information, ensuring their for nearly two decades. pay early termination fees. privacy online. This joint resolution does not lessen This is completely different from In a flawed political move, absent or impede privacy and data security other online services that collect con- any finding, complaints, or investiga- standards that have already been es- sumer data. Consumers don’t pay to tions to determine whether broadband tablished. We are simply restoring a use search engines or social media ap- providers have violated consumers’ pri- more stable regulatory playing field to plications like Google and Facebook. If vacy or that the FTC had failed at ensure that consistent, uniform pri- they don’t like Google’s privacy policy, doing its job, the FCC proceeded with a vacy security standards are maintained they can switch over to Bing without partisan vote to target ISPs and to ex- to protect consumers and future inno- paying any fees. But consumers can’t pand its regulatory footprint. vation. do this with broadband providers, and After stripping the FTC of its author- Once Congress rejects these rules, the therein lies the difference. ity over the privacy practices of inter- FCC can turn back to cooperating with

VerDate Sep 11 2014 02:27 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K28MR7.050 H28MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2494 CONGRESSIONAL RECORD — HOUSE March 28, 2017 the FTC to ensure that both consumer Ultimately, consumers are actually American people are rightfully con- privacy across all aspects of the inter- harmed by the artificial sense of pro- cerned about companies selling their net is provided through vigorous en- tection created by these rules. It is es- personal information, including sen- forcement and also that innovation is sential that we take steps to restore sitive information like their location, allowed to flourish. the time-tested framework embraced financial and health information, So- I urge my colleagues to support this by the Federal Trade Commission. cial Security numbers, and information resolution. We have talked a lot about pro- about their children. Mr. Speaker, I reserve the balance of tecting consumer privacy and data, but Late last year, the FCC took steps to my time. I haven’t heard a lot about allowing protect every American citizen’s data Mr. MICHAEL F. DOYLE of Pennsyl- the consumer to decide how their infor- and privacy, and the rules were simple: vania. Mr. Speaker, I would just re- mation is used. Consumers deserve to first, broadband providers had to ask mind my colleague, once again, that have the autonomy to control their in- their customers before selling any the FTC has no authority to regulate formation and their internet experi- data; second, the companies had to ISPs once this bill is implemented; and ence. take reasonable measures to protect consumers will not be protected, and As Acting Chairman of the FTC that data; and third, the companies their current FCC Commissioner has Maureen Ohlhausen pointed out: had to let people know if their data stated that. 1 The FTC approach reflects the fact that was stolen. Mr. Speaker, I yield 1 ⁄2 minutes to consumer privacy preferences differ greatly That was a good first step, Mr. the gentlewoman from Colorado (Ms. depending on the type of data and its use. Speaker. But Congress also has a role DEGETTE). There is widespread agreement that in protecting our data, and we should Ms. DEGETTE. Mr. Speaker, I oppose be working in a bipartisan fashion to this resolution because it would re- sensitive data, like financial or health discuss ways we can better protect the move consumers’ right to control their information, should be strongly pro- American people’s data. Instead, the online privacy and put it in the hands tected and opt-in appropriate. But Republicans have decided to spend this of corporations. what about other types of nonsensitive Every time people go online, they data? Let’s not forget the ways that time wiping out the few privacy safe- create trails of data that have tremen- consumers benefit from allowing ISPs guards that we already have. dous commercial value. This creates access to that kind of information. The FCC’s cybersecurity rules are, in incentive for the ISPs to sell web his- Consumers should retain the ability my opinion, not burdensome. They tory to a third party, be it an advocacy to make the decisions that make sense simply tell the network providers to be group, a for-profit company, or even a for them when it comes to how their reasonable when protecting the data. foreign government. nonsensitive data is used and obtain That is all. The FCC left it to the com- Late last year, the FCC put Ameri- the discounts or lower prices that can panies, themselves, to use their best cans in charge of how ISPs use and result. This vote isn’t about reducing judgment about how to get the job share their consumer data. The FCC’s the level of privacy protection for con- done. They just needed to be reason- rule also required that the ISPs engage sumers; it is about an FCC decision able. in reasonable data security practices. that ignored the preferences of con- It seems being reasonable is still too Even if people believe that the FCC’s sumers in favor of a regulatory power much for the Republicans—first in the rule went too far and should be modi- grab. Senate, and now here in the House. fied, it is unclear how the FCC could The SPEAKER pro tempore. The This resolution tells the companies move forward with such a plan given time of the gentleman has expired. charged with running the country’s the constraints of the Congressional Mr. FLORES. Mr. Speaker, I yield an broadband networks that they no Review Act. Furthermore, as several additional 15 seconds to the gentleman. longer have to be reasonable when it people have mentioned, the FCC, which Mr. JOHNSON of Ohio. The FCC’s comes to their customers’ data. is charged with protecting consumers’ privacy rules are an overreaching regu- So I say, Mr. Speaker, make no mis- privacy, does not even have the author- latory mess that create confusion and take: This resolution is a gift to coun- ity to oversee ISP practices. inconsistency for consumers, harm tries like Russia who want to take our Given the number of data breaches in competition, and upend internet pri- citizens’ personal information. And if recent years at companies such as vacy as we know it. the House passes this resolution, it will Yahoo, we should, frankly, be strength- Mr. MICHAEL F. DOYLE of Pennsyl- go straight to the President’s desk, a ening data retention requirements, not vania. Mr. Speaker, might I inquire as President who will be more than happy weakening them. At its core, S.J. Res. to how much time remains on both to sign his name to this gift to the 34 weakens consumer protections today sides? Russians. and makes them harder to implement The SPEAKER pro tempore. The gen- This resolution also gives large cor- in the future, which is why I urge my tleman from Pennsylvania has 19 min- porations free rein to take customers’ colleagues to oppose it. utes remaining. The gentleman from data without anyone’s permission. This Mr. FLORES. Mr. Speaker, I yield 2 Texas has 113⁄4 minutes remaining. debate is about whether Americans minutes to the gentleman from Ohio Mr. MICHAEL F. DOYLE of Pennsyl- have the freedom to decide on our pri- (Mr. JOHNSON). vania. Mr. Speaker, I would remind my vacy. Mr. JOHNSON of Ohio. Mr. Speaker, colleagues that, whether it is nonsen- We hear all kinds of complicated ar- when the FCC reclassified the internet sitive information or sensitive infor- guments about jurisdiction, implemen- as a common carrier, utility-style serv- mation, the ISP should ask for your tation dates, and who knows what else, ice and adopted their rules regulating permission to use it. but these arguments just muddy the the use of consumer data by internet Mr. Speaker, I yield 5 minutes to the water. service providers, it represented a mon- gentleman from New Jersey (Mr. PAL- Republicans will say that the FCC’s umental shift in the way we view pri- LONE), the ranking member of the En- rules are confusing to consumers, peo- vacy. ergy and Commerce Committee. ple won’t know what to do if they are Instead of a uniform, technology-neu- Mr. PALLONE. Mr. Speaker, nearly asked first before broadband companies tral standard that balanced data pro- every day now, we hear about new ways sell their sensitive information. If that tection with consumer choice, internet our enemies are trying to steal Ameri- were the case, we would have heard users were stuck with a two-sided ap- cans’ information. Just a couple weeks from people who oppose the rules, but proach that causes confusion and ago, two Russian hackers were indicted we simply have not heard any of those dampens competition. There is one set for stealing personal information from concerns. The facts speak for them- of rules for service providers, and one millions of us. selves. Consumers want more privacy set for the rest of the internet eco- American consumers visit billions of protection, not less. system. But how often do consumers internet destinations through a mul- Seventy-four percent of Americans really recognize the difference between titude of devices. Broadband providers say it is very important that they be in where their data is accessed and where potentially have access to every bit of control of information, and 91 percent it is stored? data that flows from a consumer. The of people feel they have lost control

VerDate Sep 11 2014 02:27 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K28MR7.052 H28MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 28, 2017 CONGRESSIONAL RECORD — HOUSE H2495 over their own information. There are address a recent court ruling. The turn these critical consumer protec- real consequences to these feelings. Ninth Circuit recently ruled that the tions, the FCC can’t go back and write Nearly half of Americans say they common carrier exemption in the Fed- new rules in the future. limit their online activity because eral Trade Commission Act exempts an Despite what my colleagues on the they are worried about their privacy entity in its entirety from the Federal other side of the aisle have said, the and security. That is why they over- Trade Commission’s jurisdiction if it Federal Trade Commission cannot whelmingly support stronger protec- engages in any common carrier activi- bring cases against broadband pro- tions. ties, even if the company also engages viders. That is why the FTC supported The FCC listened to the American in non-common carrier activity. these rules when the FCC adopted them people and adopted reasonable rules. I have introduced legislation to ad- last year. Despite Republican claims to the con- dress the court’s ruling with the gen- Even if you think the FCC did not trary, the rules were not hard to fol- tleman from Texas (Mr. OLSON). It is get these rules right, this resolution ef- low. The rules still allow broadband my hope that our colleagues will join fectively eliminates the FCC from ever companies to offer services based on us. acting to protect consumer privacy in their customers’ data, and they can S.J. Res. 34 makes clear that the the future. We should be working to- still customize ads or send reminders. Federal Trade Commission has author- gether to address any real short- The FCC’s rules simply required com- ity over common carriers when they comings if these rules need to be fixed. panies to ask people first before selling are acting outside the scope of the That is not what the resolution before their sensitive information. That is it. common carrier. us will do. In fact, I had hoped the FCC would The repeal of the Federal Commu- Mr. Speaker, I urge my colleagues to have gone even further, but the agency nications Commission’s misguided pri- vote against this damaging resolution. chose this more moderate approach. vacy rule in the Ninth Circuit’s opinion Mr. FLORES. Mr. Speaker, I yield 2 So as this debate proceeds, we should creates a gap and an irrational ap- minutes to the gentleman from New be asking one simple question: Should proach to privacy for consumers and Jersey (Mr. LANCE). the American people have the freedom would leave portions of the internet Mr. LANCE. Mr. Speaker, I rise to to choose how their information is used ecosystem completely outside the Fed- support S.J. Res. 34, which seeks to or should the government give that eral Trade Commission’s jurisdiction. halt agency overreach of the Federal freedom away? This bill makes clear that the common Communications Commission con- I think the answer is clear. I stand carrier exemption is important to en- cerning the way broadband internet with the American people, and, there- sure that no duplication regulation oc- service providers handle their cus- fore, I strongly oppose this legislation. curs. At the same time, there are no tomers’ personal information. Mr. FLORES. Mr. Speaker, I yield 3 loopholes left for certain companies to The FCC’s broadband privacy rule, a minutes to the gentleman from Ohio be outside the jurisdiction of the Fed- midnight regulation adopted by execu- (Mr. LATTA). eral Trade Commission. tive order in the waning days of the Mr. LATTA. Mr. Speaker, I thank Obama administration, unnecessarily the gentleman for yielding. b 1630 targets internet service providers and Mr. Speaker, I rise today in support We need to be consistent in our ap- does very little to protect consumer of the resolution and want to address proach to privacy and focus on con- privacy. an issue created by the Federal Com- sumer-oriented enforcement. This ap- The rule adds costly and unnecessary munication Commission’s misguided proach has been the foundation not innovation-stifling regulations to the privacy rule in a recent Ninth Circuit just of Silicon Valley, but innovators internet and is another example of the case. across the country; and the S.J. Res. 34 Federal Government’s picking winners For decades, the Federal Trade Com- sets right the decades of innovation and losers. mission has been the privacy cop on that has spurred job growth in the When passed, the FCC claimed that the beat for most industries, including United States and greater online serv- the rule would provide broadband cus- the technology sector, protecting con- ices for consumers. tomers meaningful choice, greater sumers from unfair or deceptive acts or Mr. MICHAEL F. DOYLE of Pennsyl- transparency, and strong security pro- practices. The Federal Trade Commis- vania. Mr. Speaker, I remind my tections for their personal information sion has brought over 500 privacy and friend, since he acknowledges the court collected by internet service providers. data security cases to protect con- decision does not allow FTC jurisdic- In reality, the FCC’s rules arbitrarily sumers. These include cases against tion and that he wants to introduce a treat ISPs differently from the rest of internet service providers and some of bill, perhaps the Republicans should the internet, creating a false sense of the largest edge providers. have done that first, before scrapping privacy. The Federal Communications Com- the rules that leave ISPs with no rules. Consumer data privacy is of signifi- mission is a regulatory body focused on Mr. Speaker, I yield 2 minutes to the cant concern to every American. The regulating interstate and international gentlewoman from California (Ms. proper parties should address the issue. communications by radio, television, MATSUI). In this area, the Federal Trade Com- wire, satellite, and cable. Ms. MATSUI. Mr. Speaker, I rise in mission has historically held authority The Federal Trade Commission’s strong opposition to S.J. Res. 34. This on the establishment and enforcement work in privacy and data security has is just the latest attempt from our Re- of general online privacy rules. long been held up as a model by both publican colleagues to use the Congres- Repealing the FCC’s privacy action is parties, praising the agency for strong sional Review Act to gut critical pro- a critical step toward restoring a sin- enforcement without overly burden- tections for American consumers. gle, uniform set of privacy rules for the some regulations. During negotiations The internet is increasingly inter- internet. This legislation puts all seg- with the European Union to finalize twined with our daily lives, and nearly ments of the internet on equal footing the U.S.-European privacy shield, the every American family uses the inter- and provides American consumers with Obama administration held up the Fed- net to access and share personal and a consistent set of privacy rules to per- eral Trade Commission as the premier sensitive information. The business we mit the FCC and the FTC to continue privacy enforcement agency. conduct online includes financial infor- to work to ensure consumer privacy Unfortunately, in a midnight action, mation, details about our medical his- through enforcement. the Federal Communications Commis- tory, and even information on our kids. The FTC, the premier agency in this sion jammed through its own privacy If this resolution of disapproval regard, has the experience to protect rule that is very different from the passes today, there will be no rules on the privacy of the American people re- framework that the Federal Trade the books to stop internet service pro- garding the internet—at least 20 years Commission has been enforcing for dec- viders from selling that browsing his- of experience. Bifurcation between the ades. tory without your permission. Because FTC and the FCC is not productive. A While we can reverse the poorly con- our Republican colleagues are using good question to ask the FTC: Why did structed FCC rule today, we must still the Congressional Review Act to over- it wait until the last minute of the

VerDate Sep 11 2014 02:27 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K28MR7.053 H28MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2496 CONGRESSIONAL RECORD — HOUSE March 28, 2017 Obama administration to promulgate Mr. FLORES. Mr. Speaker, I yield 2 Back at home in New York’s capital its regulation? minutes to the gentleman from Lou- region, I have been hearing from many Mr. Speaker, I believe it is important isiana (Mr. SCALISE), the GOP whip. people who are frightened by the that we pass S.J. Res. 34, and I rise to Mr. SCALISE. Mr. Speaker, I thank thought that S.J. Res. 34 will become ask all of my colleagues to support it. the gentleman from Texas for bringing law and the last shred of their online Mr. MICHAEL F. DOYLE of Pennsyl- forward this legislation. privacy will be lost forever. vania. Mr. Speaker, I have heard about The FTC’s light touch in case-by-case They know how much information this last-minute dropping and late at enforcement had fostered an internet their internet service provider has night. Just for the other side’s infor- economy that has become the envy of mined from their search and browsing mation, after a 7-month rulemaking the world, much to the benefit of all history, including financial, medical, process, this rule was adopted midday American families and consumers and other very personal and sensitive on October 26. So let’s get the record across this country. details. They rightly believe that they straight. But rather than following the FTC’s should have a say in when that infor- Mr. Speaker, I yield 3 minutes to the proven framework of privacy protec- mation can be bought and when it can gentleman from California (Mr. tion, the FCC came in and overreached be sold. MCNERNEY). and missed the mark with these rules, They understand that gutting these Mr. MCNERNEY. Mr. Speaker, first, I injecting more regulation into the privacy protections would mean that thank Mr. DOYLE for his opposition to internet ecosystem. With all due re- internet service providers could sell S.J. Res. 34. I rise in opposition as well. spect, the internet was not broken and their private information without their The FCC’s broadband privacy rules did not need the Federal Government permission. It means their private are commonsense rules. These rules to come in and try to fix it. internet browsing and search history, give consumers the ability to choose The bottom line is that families ex- the text of their emails, and their mo- how their information is used and pect and deserve to be protected online bile app usage can all be sold without shared by their internet service pro- with a set of robust and uniform pri- their permission. viders. vacy protections. These rules simply do They have a right to control what According to the Pew Research Cen- not live up to that standard. they search for, their financial infor- ter, a large majority of Americans say Rather than regulating based on the mation, their health insurance, and in- it is very important that they control sensitivity of our data, these rules are formation about their children. They who has access to their information. applied unevenly, based on what type have a right to protect their Social Se- Despite a loud cry from the American of company you are or what kind of curity numbers and the contents of people that they want to be able to technology you use. their emails. These rights are en- Consumers should feel assured online choose how their information is used, shrined in our Constitution. that there is a cop on the beat with a S.J. Res. 34 strips consumers of the Privacy rules also require providers track record of success, not an agency power to choose how their ISPs use and to use reasonable measures to protect with a history of regulatory overreach. share their information. consumers’ personal information, a These midnight rules are harmful, in- This resolution also leaves con- clear and commonsense standard that consistent, and should be repealed. sumers more vulnerable to attacks be- all who do business online should be re- Mr. Speaker, I urge my colleagues to cause their ISP will no longer be re- quired to uphold. adopt this important resolution. quired to make reasonable steps to se- Mr. MICHAEL F. DOYLE of Pennsyl- Finally, internet service providers cure their personal information. vania. Mr. Speaker, may I inquire how must notify customers if hackers In recent years, we have seen numer- much time is remaining on both sides? breach the system and may have access ous data breach incidents that have The SPEAKER pro tempore. The gen- to their private data. With hackers jeopardized consumers’ personal infor- from Russia and elsewhere running tleman from Pennsylvania has 103⁄4 mation. Some examples are Yahoo, minutes remaining. The gentleman rampant across the net, this is a crit- Target, Home Depot, LinkedIn, and from Texas has 5 minutes remaining. ical provision for our American fami- Anthem. The list goes on. Mr. MICHAEL F. DOYLE of Pennsyl- lies. Given the growing cyber threats that vania. Mr. Speaker, I remind the gen- This is not too much to ask. The our Nation faces, it is critical that we tleman that these heavy-handed regu- American people deserve to know that do more, not less, to secure consumers’ lations that he speaks of are simply: their data will be protected and that data. Strong data security practices ask permission, protect people’s data, they will be notified if their data is are critical for protecting our con- and tell them if it gets stolen. compromised. sumers’ confidentiality. That doesn’t sound too heavy-handed Mr. FLORES. Mr. Speaker, I yield 11⁄2 This resolution would make con- to me. minutes to the gentleman from Texas sumers’ data more susceptible to being Mr. Speaker, I yield 2 minutes to the (Mr. OLSON). stolen and used for identity theft and gentleman from New York (Mr. TONKO). Mr. OLSON. Mr. Speaker, I rise today other harmful unauthorized purposes. Mr. TONKO. Mr. Speaker, I rise in support of S.J. Res. 34, which will Consumers want to be heard. They today in opposition to S.J. Res. 34, a protect consumers and the future of want more privacy. They want their in- bill that would strike most of the internet innovation. formation to be secure. We have an ob- internet privacy guarantees protecting The internet is changing the way we ligation to respond to their requests. the American people today. communicate, shop, learn, and enter- I am appalled that one of the Repub- I have grave concerns with this ef- tain. It is changing how we control our licans’ first acts in this Congress after fort. Our agenda here should be work- homes, our cars, and many other parts trying to take health coverage away ing on behalf of our constituents to of our lives, including my two teenage from 24 million people is to attack con- protect their privacy and give them, kids. These changes give us certain ex- sumer protections and weaken data se- not their service providers, data secu- pectations of privacy on the internet. curity. Americans are just now hearing rity. Instead, this effort would evis- Until last year, the Federal Trade about this legislation, and my phones cerate any real online privacy protec- Commission provided a robust, con- are ringing off the hook in opposition. tions and would limit data security. sistent privacy framework for all com- I have to rhetorically ask the other Some of my colleagues have claimed panies in the internet services market. side: Why are you pushing this? that this commonsense rule has cre- Their holistic and consistent approach Americans don’t want it. Your voters ated challenges for consumers. I have struck the right balance. Consumers’ are beginning to pay attention. This is found just the opposite. My office has use of internet services continues to in- just after your humiliating defeat with been inundated with calls demanding crease and their privacy has been pro- the ACA repeal. I ask that you with- that Congress protect their privacy and tected. draw this bill and start listening to data security by opposing S.J. Res. 34. The resolution we are voting on your constituents. To everyone who has called, I hear you today puts all segments of the internet Mr. Speaker, I urge my colleagues to and I stand with you in opposing this on equal footing. It provides consumers reject S.J. Res. 34. harmful and misguided effort. with a consistent set of privacy rules.

VerDate Sep 11 2014 02:27 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K28MR7.055 H28MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 28, 2017 CONGRESSIONAL RECORD — HOUSE H2497 Mr. Speaker, I urge my colleagues to a couch during the presentation of the Both the FCC and the FTC will retain vote for S.J. Res. 34. television program and prior to an ad- authority over consumer privacy on a Mr. MICHAEL F. DOYLE of Pennsyl- vertisement break. Based on the de- case-by-case basis. ISPs will continue vania. Mr. Speaker, I remind my tected . . . action . . . the device would to be subject to the Communications friends once again that this does not select a commercial associated with Act of 1934, which protects all con- put us on equal footing. The FTC has cuddling.’’ sumer proprietary network informa- no power to regulate ISPs under cur- The SPEAKER pro tempore. The tion. This is in addition to the many rent law. time of the gentleman has expired. other existing Federal and State pri- Mr. Speaker, I yield 3 minutes to the Mr. MICHAEL F. DOYLE of Pennsyl- vacy rules that ISPs must continue to gentleman from Massachusetts (Mr. vania. Mr. Speaker, I yield an addi- follow. CAPUANO). tional 30 seconds to the gentleman This proposed system, separating b 1645 from Massachusetts. edge providers from ISPs, creates con- Mr. CAPUANO. For example: ‘‘a com- fusion for both consumers and business Mr. CAPUANO. Mr. Speaker, we all mercial for a romantic getaway vaca- operations. This legislation works to know that our cell phones are tracking tion, a commercial for a contraceptive, reduce the confusion that has been cre- every move we make and keeping a a commercial for flowers . . . et ated from this unnecessary regulation record of it. Many people don’t know, cetera.’’ that has stifled competition and im- but your automobile is also doing the I didn’t make up a single word of peded innovation. I am happy to sup- same thing. They keep a record of what I just read, and every one of you port this legislation which will provide where you go. They keep a record of is sitting there with your mouth open much-needed clarity to the ongoing de- whether you wore your seatbelt. They that this might happen in your world. bate. keep a record of whether you applied That is what this resolution will allow, Mr. MICHAEL F. DOYLE of Pennsyl- the brakes or turned the turn signal and you can’t turn it off. You can’t vania. Mr. Speaker, may I inquire how on. Okay. That is your automobile. say: Don’t watch my children. Don’t much time remains on both sides? You don’t have to drive. watch my wife. The SPEAKER pro tempore. The gen- Just recently, in the last couple This is a terrible resolution. As I tleman from Pennsylvania has 51⁄4 min- months, we have learned that our tele- asked earlier today, what are you visions and children’s dolls are doing utes remaining. The gentleman from thinking? Texas has 2 minutes remaining. the same thing. Last month, it was re- Mr. FLORES. Mr. Speaker, we are Mr. MICHAEL F. DOYLE of Pennsyl- vealed that Vizio had spied on 11 mil- thinking that the gentleman’s com- vania. Mr. Speaker, I just remind my lion consumers by listening to them ments do not pertain to this resolu- friend, you can say it as many times as while their TV was off because they tion, that this resolution in no way is you want, but the fact of the matter is can do it. going to allow any of the activities that, under current law, the FTC has Also, last month, a child’s doll called that were described, whether it is no authority to regulate the FCC, and My Friend Cayla for little girls or boys cuddling or anything that is going to the FCC Commissioner has said that was banned in Germany—banned in get in the way of any of that or allowed you cannot do this without a rule in Germany—because that doll listens and to be sold. responds. It goes into the internet, and Mr. Speaker, I yield 2 minutes to the section 222. the doll’s owner keeps and sells that gentleman from New York (Mr. COL- I yield 1 minute to the gentlewoman ELOSI information. LINS). from California (Ms. P ), our This month—this month—a teddy Mr. COLLINS of New York. Mr. House Democratic leader, the magic bear manufactured by a company Speaker, I would like to thank the peo- minute. called CloudPets was exposed for col- ple who worked to make this legisla- Ms. PELOSI. Mr. Speaker, on behalf lecting more than 2 million voice re- tion a reality. As we become increas- of my five children and my nine grand- cordings of children talking to their ingly concerned with cyber threats, on- children and everyone I know, as a teddy bear. line privacy is a critical concern for matter of fact, I thank the gentleman Now, maybe we accept that. I know every American. for being a champion for privacy for that those are not the items that this Unfortunately, in October of last the American people. I thank the gen- resolution would address, but the prob- year, the FCC issued regulations titled, tleman from Pennsylvania (Mr. MI- lem is you are taking an item for ISPs ‘‘Protecting the Privacy of Customers CHAEL F. DOYLE) for his leadership. I and reducing it down to this level. You of Broadband and Other Telecommuni- thank the gentleman from New Jersey say your privacy is protected. I just cations Services,’’ also known as (Mr. PALLONE) for his leadership. The gave you three examples in the last 2 broadband privacy rules. These titles gentlewoman from California (Ms. months where your privacy is not pro- do not actually accurately reflect the ESHOO) has been a champion on this tected. Neither is your children’s. Nei- impact these regulations are having on issue as well. ther is your family’s. constituents’ electronic privacy. Mr. Speaker, Americans turn to the In 2012, a giant international com- These broadband privacy rules took internet for so many things these days: pany—international ISP company, by internet service providers, ISPs, which buying books, filing taxes, learning the way—filed for a U.S. patent for a you subscribe to for TV and internet about why they are feeling sick. The cable box that would sit in your house. access, and edge providers that deliver Republicans want this information to It would watch you. It would record online applications, services, and be sold without your permission: the you. It contained an infrared sensor website content, and separated them websites you visit, the apps you use, and even take your body temperature into two different groups. This has your search history, the content of with a thermographic—and that is a caused confusion among businesses try- your emails, your health and financial quote—thermographic camera. It ing to adhere to this change. data. Overwhelmingly, the American would do all this without telling you While writing this regulation, the people do not agree with the Repub- and would work whether the cable box FCC had the opportunity to employ licans that this information should be was on or not. If you don’t believe me, FTC precedent in drafting the sold, and it certainly should not be sold if you still have the courage to go on broadband privacy rules, but instead without your permission. the internet, go find patent application chose to ignore existing precedent and Our broadband providers know deeply number—now, write this one down— create additional and onerous regula- personal information about us and our 2012/0304206. That is the patent applica- tions. The FCC believed that these new families: where we are, what we want, tion number. It is still online. rules would give consumers more what we are looking for, what informa- I want to read you one small segment choice and heightened transparency; tion we want to know, every site we from that 25-page patent application. however, this has not been the case. visit, and more. Our broadband pro- This is a direct quote. I am not making This legislation does not remove pri- viders can even track us when we are up a single word. The device ‘‘may de- vacy protections for consumers, and it surfing in private, browsing in a pri- tect . . . that two users are cuddling on does not expose consumer information. vate browsing mode.

VerDate Sep 11 2014 02:27 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K28MR7.057 H28MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2498 CONGRESSIONAL RECORD — HOUSE March 28, 2017 Americans’ private browser history have picked the week after Russian data, have their data reasonably pro- should not be up for sale. Yet Repub- spies were caught hacking into half a tected, and receive notice when their licans are bringing S.J. Res. 34 to the billion American email accounts to data is compromised. But this dan- floor to allow internet service pro- open the floodgates, overturning the gerous resolution puts America’s pri- viders to profit—to profit; this is about requirement that internet service pro- vacy and data security at risk. profit—from America’s most intimate viders keep their sensitive data secured Mr. Speaker, I urge all of my col- personal information without our from cybercriminals. leagues to stand up for consumers and knowledge or our consent. Republicans’ The American people deserve to be vote ‘‘no.’’ use of the Congressional Review Act able to insist that intimate details and Mr. FLORES. Mr. Speaker, I con- will do permanent damage to the FCC’s information about their browser his- tinue to reserve the balance of my ability to keep Americans’ personal in- tory be kept private and secure. time. formation safe. So how is this? Mr. MICHAEL F. DOYLE of Pennsyl- As FCC Commissioner Clyburn and We have this magnificent technology vania. Mr. Speaker, I yield 1 minute to FTC Commissioner McSweeny warned: that science has made available to peo- the gentleman from Rhode Island (Mr. ‘‘This legislation will frustrate the ple to facilitate commerce, to learn LANGEVIN). FCC’s’’—the Federal Communications about different subjects, to privately Mr. LANGEVIN. Mr. Speaker, I thank the gentleman for yielding. Commission’s—‘‘future efforts to pro- pursue, in a way that they may not Mr. Speaker, I rise in strong opposi- tect the privacy of voice and broadband even want their families to know, what tion to this resolution of disapproval, customers.’’ symptoms they have and what illness which would repeal broadband privacy It is important for our constituents that might tell them about. rules being implemented by the FCC. to know that, if the Republicans had a Most Americans have no or limited As co-chair of the Congressional Cy- problem with this particular policy, choices for broadband providers and no bersecurity Caucus, I hope I can offer they might tweak it and say we don’t recourse against these invasions of some additional perspective on this de- like it this way or that in regular legis- their privacy because, with this meas- bate. Studying the many threats our lation so that we could have a debate ure, Republicans turn their back on the country faces in cyberspace, I have be- on it. It could go back to the Federal overwhelming number of Americans come deeply aware of how ingrained Communications Commission. They who want more control over their the internet is in every aspect of our could revise it and send it back if it internet privacy. lives and our economy. And that has were a legitimate presentation of con- Americans can choose who represents also helped me understand the unique cerns. But it is not about a legitimate them in Congress. Americans are pay- role of broadband service providers to presentation of concerns. It is about in- ing close attention. They want to know grant access to the great potential of creasing profits at the expense of the who is taking a stand with them in op- the Information Age. privacy of the American people. posing efforts to sell the private infor- By necessity, ISPs see every bit of So, as I say, the Republicans’ use of mation of the American people. traffic that leaves your network for the the Congressional Review Act does per- This is staggering. This is almost a broader internet. Even when you use manent damage and also damages the surrender. If the Republicans are al- encryption, ISPs can still capture data FCC’s ability to keep America’s per- lowed to do this, we have surrendered about whom you are talking to or what sonal information safe. With this meas- all thoughts of privacy for the Amer- sites you are visiting. These data are ure, Republicans would destroy Ameri- ican people. sensitive, and consumers have a right cans’ right to privacy on the internet— Privacy is a value that the American to decide whether or not they can be we made that clear—and forbid any ef- people treasure. It is about their dig- shared or monetized. Unfortunately, fort to keep your personal information nity. It is about their dignity. We can- the resolution of disapproval under safe. Republicans are bending over not allow the Republicans to sell the consideration would strip consumers of backwards. dignity of the American people. I hope that right and presumptively allow Think of it. Think of the context of that everyone will vote ‘‘no’’ on this sharing and selling without your per- all of this. most unfortunate assault on the dig- mission. Since Gerald Ford was President, nity of the American people. Mr. Speaker, the resolution before us every candidate for President, every b 1700 today that the Republicans have pro- nominee of a major party, every can- posed is downright creepy. It is going Mr. FLORES. Mr. Speaker, I reserve didate for President of the United to allow potentially unprecedented the balance of my time. States, Democrat and Republican, has abuse of personal or private informa- Mr. MICHAEL F. DOYLE of Pennsyl- released their income tax returns out tion be shared without your permis- vania. Mr. Speaker, I yield 1 minute to of respect for the American people—out sion. This cannot stand. I urge my col- the gentlewoman from Illinois (Ms. of respect for the American people. leagues to oppose it. Week in and week out—in fact, some- SCHAKOWSKY). Mr. FLORES. Mr. Speaker, I con- times day in and day out—in com- Ms. SCHAKOWSKY. Mr. Speaker, I tinue to reserve the balance of my mittee as well as on the floor, the Re- thank the gentleman for yielding. time. publicans have kept the President’s in- Last week, Republicans tried to take Mr. MICHAEL F. DOYLE of Pennsyl- come tax returns private when the pub- away your health care; and, today, vania. Mr. Speaker, may I inquire how lic has a right to know that, that the they are trying to take away your pri- much time I have remaining? public has always known that about vacy. The SPEAKER pro tempore. The gen- every President since Gerald Ford—in Republicans have said broadband pro- tleman from Pennsylvania has 2 min- fact, since Richard Nixon; although, in viders and other internet companies utes remaining. The gentleman from his case, it wasn’t voluntary. should be under the same privacy rules. Texas has 2 minutes remaining. So while they are hiding President But oddly enough, when the committee Mr. MICHAEL F. DOYLE of Pennsyl- Trump’s tax returns, some discrete considered an amendment to give the vania. Mr. Speaker, I yield 1 minute to piece of information that the public FTC, the Federal Trade Commission, the gentlewoman from Florida (Mrs. has a right to know, they are selling rulemaking authority like the FCC, a DEMINGS). your most personal, selling your most change that would allow the agencies Mrs. DEMINGS. Mr. Speaker, please personal and sensitive information— to adopt the same privacy protection, stop me if you have heard this one be- again, your browsing history, your every single Republican voted no. In fore and know how it ends. My col- children’s location, everything—to fact, Republicans proposed making it leagues on the other side are once anyone with the money to buy it. harder for the FTC to pursue privacy again trying to sell the American peo- Incognito tabs or private browsing and data security cases. ple a broken alternative to something modes will not protect you from the The protections that the FCC adopt- that is working pretty much as it was internet service providers watching ed last year were very simple: con- intended to. and selling, as Mr. CAPUANO pointed sumers should know what data is being The FCC privacy rule just says that out, watching and selling. Republicans collected, opt in to sharing of sensitive customers must opt in before internet

VerDate Sep 11 2014 02:27 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K28MR7.059 H28MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 28, 2017 CONGRESSIONAL RECORD — HOUSE H2499 companies can sell their web browsing JANUARY 27, 2017. The ISPs’ overreaction to the FCC’s history, and that those companies Hon. PAUL D. RYAN, broadband privacy rules has been remark- must make reasonable efforts to pro- Speaker of the House, House of Representatives, able. Their supposed concerns about the rule tect customers’ sensitive information. Washington, DC. are significantly overblown. Some broadband Hon. MITCH MCCONNELL, providers and trade associations inac- These are not unreasonable require- Senate Majority Leader, U.S. Senate, Wash- curately suggest that this rule is a full ban ments. ington, DC. on data use and disclosure by ISPs, and from The internet is our gateway to the Hon. NANCY PELOSI, there complain that it will hamstring ISPs’ world. Whether we connect through our Minority Leader, House of Representatives, ability to compete with other large adver- tising companies and platforms like Google mobile phone or our home computer, Washington, DC. Hon. CHARLES SCHUMER, and Facebook. To the contrary, ISPs can and we pay companies for access. If those Minority Leader, U.S. Senate, likely will continue to be able to benefit companies want to sell information Washington, DC. from use and sharing of their customers’ about what we do on the internet, they DEAR SPEAKER RYAN, SENATOR MCCONNELL, data, so long as those customers consent to should have to get our permission first. REPRESENTATIVE PELOSI, AND SENATOR SCHU- such uses. The rules merely require the ISPs It is the right thing to do. MER: The undersigned media justice, con- to obtain that informed consent. sumer protection, civil liberties, and privacy The ISPs and their trade associations al- Mr. Speaker, I urge my colleagues on groups strongly urge you to oppose the use of ready have several petitions for reconsider- the other side to simply do the right the Congressional Review Act (CRA) to ation of the privacy rules before the FCC. thing. adopt a Resolution of Disapproval over- Their petitions argue that the FCC should ei- turning the FCC’s broadband privacy order. ther adopt a ‘‘Federal Trade Commission Mr. FLORES. Mr. Speaker, I con- That order implements the mandates in Sec- style’’ approach to broadband privacy, or tinue to reserve the balance of my tion 222 of the 1996 Telecommunications Act, that it should retreat from the field and its time. which an overwhelming, bipartisan majority statutory duty in favor of the Federal Trade Mr. MICHAEL F. DOYLE of Pennsyl- of Congress enacted to protect telecommuni- Commission itself All of these suggestions cations users’ privacy. The cable, telecom, vania. Mr. Speaker, I include in the are fatally flawed. Not only is the FCC well wireless, and advertising lobbies request for positioned to continue in its statutorily RECORD letters from a coalition of CRA intervention is just another industry mandated role as the privacy watchdog for small ISPs, a coalition of civil rights attempt to overturn rules that empower broadband telecom customers, it is the only organizations, the Consumers Union, users and give them a say in how their pri- agency able to do so. As the 9th Circuit re- and an article by Terrell McSweeny all vate information may be used. cently decided in a case brought by AT&T, opposing this CRA. Not satisfied with trying to appeal the common carriers are entirely exempt from rules of the agency, industry lobbyists have FTC jurisdiction, meaning that presently ELECTRONIC FRONTIER FOUNDATION, asked Congress to punish internet users by there is no privacy replacement for San Francisco, CA. way of restraining the FCC, when all the broadband customers waiting at the FTC if Re Oppose S.J. Res 34—Repeal of FCC Pri- agency did was implement Congress’ own di- Congress disapproves the FCC’s rules here. vacy Rules. rective in the 1996 Act. This irresponsible, This lays bare the true intent of these in- scorched-earth tactic is as harmful as it is DEAR U.S. REPRESENTATIVES: We, the un- dustry groups, who also went to the FCC hypocritical. If Congress were to take the in- asking for fine-tuning and reconsideration of dersigned founders, executives, and employ- dustry up on its request, a Resolution of Dis- the rules before they sent their CRA request. ees of ISPs and networking companies, spend approval could exempt intemet service pro- our working lives ensuring that Americans viders (ISPs) from any and all privacy rules These groups now ask Congress to create a have high-quality, fast, reliable, and locally at the FCC. As you know, a successful CRA vacuum and to give ISPs carte blanche, with provided choices available when they need to on the privacy rules could preclude the FCC no privacy rules or enforcement in place. connect to the Internet. One of the corner- from promulgating any ‘‘substantially simi- Without clear rules of the road under Sec- stones of our businesses is respecting the pri- lar’’ regulations in the future—in direct con- tion 222, broadband users will have no cer- vacy of our customers, and it is for that pri- flict with Congress’ clear intention in Sec- tainty about how their private information mary reason that we are writing to you tion 222 that telecommunications carriers can be used and no protection against its today. protect their customers’ privacy. It could abuse. ISPs could and would use and disclose We urge Congress to preserve the FCC’s also preclude the FCC from addressing any of consumer information at will, leading to ex- Broadband Privacy Rules and vote down the other issues in the privacy order like re- tensive harm caused by breaches and by mis- plans to abolish them. If the rules are re- quiring data breach notification and from re- use of data properly belonging to consumers. Congress told the FCC in 1996 to ensure pealed, large ISPs across America would re- visiting these issues as technology continues that telecommunications carriers protect sume spying on their customers, selling their to evolve in the future. The true con- the information they collect about their cus- data, and denying them a practical and in- sequences of this revoked authority are ap- tomers. Industry groups now ask Congress to formed choice in the matter. parent when considering the ISPs’ other ef- forts to undermine the rules. Without these ignore the mandates in the Communications Perhaps if there were a healthy, free, rules, ISPs could use and disclose customer Act, enacted with strong bipartisan support, transparent, and competitive market for information at will. The result could be ex- and overturn the FCC’s attempts to imple- Internet services in this country, consumers tensive harm caused by breaches or misuse ment Congress’s word. The CRA is a blunt in- could choose not to use those companies’ of data. strument and it is inappropriate in this in- products. But small ISPs like ours face many Broadband ISPs, by virtue of their position stance, where rules clearly benefit internet structural obstacles, and many Americans as gatekeepers to everything on the intemet, users notwithstanding ISPs’ disagreement have very limited choices: a monopoly or du- have a largely unencumbered view into their with them. opoly on the wireline side, and a highly con- customers’ online communications. That in- We strongly urge you to oppose any resolu- solidated cellular market dominated by the cludes the websites they visit, the videos tion of disapproval that would overturn the same wireline firms. they watch, and the messages they send. FCC’s broadband privacy rule. Under those circumstances, the FCC’s Even when that traffic is encrypted, ISPs Sincerely, Access Now, American Civil Liberties Broadband Privacy Rules are the only way can gather vast troves of valuable informa- Union, Broadband Alliance of Mendocino that most Americans will retain the free tion on their users’ habits; but researchers County, Center for Democracy and Tech- market choice to browse the Web without have shown that much of the most sensitive nology, Center for Digital Democracy, Cen- being surveilled by the company they pay for information remains unencrypted. ter for Media Justice, Color of Change, Con- an Internet connection. The FCC’s order simply restores people’s sumer Action, Consumer Federation of Signed, control over their personal information and lets them choose the terms on which ISPs America, Consumer Federation of California, Sonic, MonkeyBrains, Cruzio Internet, can use it, share it, or sell it. Americans are Consumer Watchdog, Consumer’s Union, Etheric Networks, Aeneas Communications, increasingly concerned about their privacy, Free Press Action Fund, May First/People Digital Service Consultants Inc., Hoyos Con- and in some cases have begun to censor their Link, National Hispanic Media Coalition, sulting LLC, Om Networks, Motherlode online activity for fear their personal infor- New America’s Open Technology Institute, Internet, Goldrush Internet, Credo Mobile, mation may be compromised. Consumers Online Trust Alliance, Privacy Rights Clear- Andrew Buker (Director of Infrastructure have repeatedly expressed their desire for ing House, Public Knowledge. Services & Research computing, University more privacy protections and their belief of Nebraska at Omaha), Tim Pozar (co-found- that the government helps ensure those pro- CONSUMERSUNION®, POLICY & er, TwoP LLC), Andrew Gallo (Senior Net- tections are met. The FCC’s rules give ACTION FROM CONSUMER REPORTS, work Architect for a regional research and broadband customers confidence that their March 27, 2017. education network), Jim Deleskie (co-found- privacy and choices will be honored, but it HOUSE OF REPRESENTATIVES, er, Mimir networks), Randy Carpenter (VP, does not in any way ban ISPs’ ability to Washington, DC. First Network Group), Kraig Beahn (CTO, market to users who opt-in to receive any DEAR REPRESENTATIVE: Consumers Union, Enguity Technology Corp). such targeted offers. the policy and mobilization arm of Consumer

VerDate Sep 11 2014 04:01 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K28MR7.060 H28MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2500 CONGRESSIONAL RECORD — HOUSE March 28, 2017 Reports, writes regarding House consider- mission’s strong rules. To date, close to As we connect more devices in our home ation of S.J. Res. 34, approved by a 50–48 50,000 consumers have signed the petition and on our bodies, the array of technologies party line vote in the Senate last week. and the number is growing. Last week, more that raise data privacy and security con- This resolution, if passed by the House and than 24,000 consumers contacted their Sen- cerns is expanding. The privacy landscape signed into law by President, would use the ators urging them to oppose the CRA resolu- will likely continue to be shaped as tech- Congressional Review Act (CRA) to nullify tion in the 24 hours leading up to the vote. nologies evolve. the Federal Communication Commission’s Consumers care about privacy and want the Different consumer technologies may jus- (FCC) newly-enacted broadband privacy strong privacy protections afforded to the tify different approaches. For example, the rules that give consumers better control them by the FCC. Any removal or watering safety issues inherent in cars and medical over their data. Many Senators cited ‘‘con- down of those rules would represent the de- devices may warrant particularly strong pri- sumer confusion’’ as a reason to do away struction of simple privacy protections for vacy and security protections. In the future, with the FCC’s privacy rules, but we have consumers. privacy rules could come from the FCC as seen no evidence proving this assertion and Even worse, if this resolution is passed, well as the Department of Commerce, Na- fail to understand how taking away in- using the Congressional Review Act here will tional Highway Traffic Safety Administra- creased privacy protections eliminates con- prevent the FCC from adopting privacy tion, Food and Drug Administration, and fusion. Therefore, we strongly oppose pas- rules—even weaker ones—to protect con- other agencies. sage of this resolution—it would strip con- sumers in the future. Under the CRA, once a Consider that your bank can—and probably sumers of their privacy rights and, as we ex- ride is erased, an agency cannot move for- does—sell your contact and financial infor- plain below, leave them with no protections ward with any ‘‘substantially similar’’ rule mation unless you opt out. Yet if you rent a at all. We urge you to vote no on S.J. Res. 34. unless Congress enacts new legislation spe- movie, online or off, the rental service can’t The FCC made history last October when it cifically authorizing it. Among other im- sell information about your media consump- adopted consumer-friendly privacy rules pacts, this means a bare majority in the Sen- tion without your consent, and it must de- that give consumers more control over how ate can void a rule, but then restoration of lete your rental history after it’s no longer their information is collected by internet that rule is subject to full legislative proc- needed. Congress enacted those protections service providers (ISPs). Said another way, ess, including a filibuster. The CRA is a to shield intellectual freedom, so that one these rules permit consumers to decide when blunt instrument—and if used in this con- can enjoy controversial movies without fear an ISP can collect a treasure trove of con- text, blatantly anti-consumer. of one’s curiosity resulting in extortion or sumer information, whether it is a web We are more than willing to work with you embarrassment. browsing history or the apps a consumer and your fellow Representatives to craft pri- This brings us to our second point: If con- may have on a smartphone. We believe the vacy legislation that affords consumer effec- sistency and reducing consumer confusion is rules are simple, reasonable, and straight- tive and easy-to-understand protections. The the goal, consumers should demand stronger forward. FCC made a step in that direction when it internet privacy norms. Given the animating ISPs, by virtue of their position as gate- adopted the broadband privacy rules last purpose of protecting movie rental informa- keepers to everything on the internet, enjoy year, and getting rid of them via the Con- tion, why not require consumers to consent a unique window into consumers’ online ac- gressional Review Act is a step back, not for- to the sharing any information about their tivities. Data including websites consumers ward. Therefore, we encourage you to vote online behavior? After all, our web activity visit, videos viewed, and messages sent is no on S.J. Res. 34. is the ultimate manifestation of our intellec- very valuable. Small wonder, then, that ISPs Respectfully, tual curiosity, representing second-by-sec- are working so hard to have the FCC’s new LAURA MACCLEERY, ond decisions about consuming news and en- privacy rules thrown out through use of the Vice President, Con- tertainment. Congressional Review Act. But we should sumer Policy & Mo- In addition to existing federal laws, legis- make no mistake: abandoning the FCC’s new bilization, Consumer lators could, as professor Helen Nissenbaum privacy rules is about what benefits big cable Reports. has suggested, look to offline contexts, such companies and not about what is best for KATIE MCINNIS, as the strong privacy norms governing consumers. Policy Counsel, Con- searching for a book in a library, to guide Many argue the FCC should have the same sumers Union. the privacy rules we ought to enjoy when privacy rules as those of the Federal Trade JONATHAN SCHWANTES, using a search engine. The government also Commission (FTC). FCC Chairman Ajit Pai Senior Policy Counsel, could take a page from the confidentiality went so far as to say ‘‘jurisdiction over Consumers Union. standards patients enjoy when conversing broadband providers’ privacy and data secu- with physicians and apply those same norms rity practices should be returned to the FTC, [From wired.com, Mar. 22, 2017] to medical information websites. Policy- the nation’s expert agency with respect to CONGRESS IS ABOUT TO GIVE AWAY YOUR makers could look to the last two centuries these important subjects,’’ even though the ONLINE PRIVACY of privacy in the postal mail to guide rules FTC currently possesses no jurisdiction over (By Terrell McSweeney and Chris Hoofnagle) for commercial scanning of email. Yet in all the vast majority of ISPs thanks to the com- The resolution that could come to a Con- these contexts, web business models drive de- mon carrier exemption—an exemption made gressional vote this week aims to tackle dif- sign decisions that have turned social and stricter by the Ninth Circuit Court of Ap- ferences in how the FCC rule treats ISPs personal behaviors into marketplace trans- peals in last year’s AT&T Mobility case. We compared with other internet companies. actions. have heard this flawed logic time and time Your broadband provider has to offer you a Left standing, the FCC rule offers an op- again as one of the principal arguments for choice about what information it shares portunity for a meaningful debate about how getting rid of the FCC’s strong privacy rules. about you, but ecommerce sites and search to better translate our analog privacy norms Unfortunately, this is such a poor solution engines do not. into the digital world. Broadband ISPs are that it amounts to no solution at all. Advocates for repealing the current protec- essentially utilities, like postal mail and the For the FTC to regain jurisdiction over the tions—the resolution is sponsored by Sen- telephone. Subscribers have little or no com- privacy practices of ISPs, the FCC would ator Jeff Flake (R–AZ)—argue that Congress petitive choice as to which provider to use. first have to scrap Title II reclassification— should void the FCC’s rule using the Con- ISPs know our identities, and their position not an easy task which would be both time- gressional Review Act. They contend that in gives them the technical capacity to surveil consuming and subject to judicial review, order to properly govern privacy and avoid users in ways that others cannot. It makes and jeopardize the legal grounding of the 2015 confusing consumers, the FCC should main- sense to ensure consumers can choose wheth- Open Internet Order. Congress, in turn, tain consistent rules across the internet eco- er to share data related to their Internet would have to pass legislation to remove the system. But inconsistent standards pervade usage. common carrier exemption, thus granting privacy and consumer law. Furthermore, The majority of consumers—91 percent in a the FTC jurisdiction over those ISPs who are consistent standards militate in favor of in- recent survey—feel they’ve lost control of common carriers. We are skeptical Congress creasing protections for privacy, rather than their personal information. Yet, paradox- would take such an action. Finally, the FTC unraveling them as the current proposal ically, the late, great privacy researcher and does not enjoy the same robust rulemaking would do. historian Alan Westin consistently found authority that the FCC does. As a result, An alphabet soup of state and federal laws that Americans expect companies to handle consumers would have to wait for something set the privacy requirements for everything personal data in a ‘‘confidential’’ way. In re- bad to happen before the FTC would step in from our financial information to data about ality, the modern internet is like a one-way to remedy a violation of privacy rights. Any our children. That’s largely because privacy mirror, where users are often unaware that fondness for the FTC’s approach to privacy is is both essential to and sometimes in con- they are being silently watched by third par- merely support for dramatically weaker pri- flict with our most deeply held value, lib- ties. The FCC rule exposes this one-way mir- vacy protections favored by most corpora- erty. So, legislators have never been able to ror and allows people to decide whether to tions. craft omnibus privacy protections. Instead, draw a curtain on it. There is no question that consumers favor they’ve developed frameworks informed by Maintaining the current rules would make the FCC’s current broadband privacy rules. prevailing norms, incentives, political econ- ISP practices more consistent with con- Consumers Union launched an online peti- omy, and ways the information might be sumers’ expectations of confidentiality. Con- tion drive last month in support of the Com- used. gress should spend time examining the

VerDate Sep 11 2014 04:01 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A28MR7.038 H28MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 28, 2017 CONGRESSIONAL RECORD — HOUSE H2501 strengths and weaknesses of our current ap- oversight more in line with the Federal any office of profit or trust . . . shall, with- proach, instead of using consistency argu- Trade Commission, which has success- out the consent of the Congress, accept of ments to eviscerate the FCC’s rule. fully been regulating online privacy for any present, Emolument, Office, or Title of Mr. MICHAEL F. DOYLE of Pennsyl- nearly 2 decades. any kind whatever, from any King, Prince, or foreign State’’, and; vania. Mr. Speaker, I yield 1 minute to This resolution does not lessen or im- Whereas, in 2009, the Office of Legal Coun- the gentlewoman from California (Ms. pede the privacy and data security sel clarified that corporations owned or con- LOFGREN), my colleague from the class standards that we already have estab- trolled by foreign governments presump- of ’94. lished. We are simply restoring a more tively qualify as foreign States under the Ms. LOFGREN. Mr. Speaker, a ‘‘yes’’ stable regulatory playing field to en- foreign Emoluments Clause, and; vote exempts all broadband service sure that consistent uniform privacy Whereas, the word ‘‘emoluments’’ means providers from all rules on user privacy standards are maintained to protect profit, salary, fees, or compensation which and all limitations on how they use would include direct payment, as well as consumers and future innovation. other benefits, including extension of credit, your data. They are in a unique posi- Once Congress rejects these rules, the forgiveness of debt, or the granting of rights tion to see every place you go, every FCC can turn back to cooperating with of pecuniary value, and; website you visit, they can do deep the FTC to ensure both the consumer Whereas, according to The New Yorker, in packet inspection and see what is in privacy across all aspects of the inter- 2012, The Trump Organization entered into a your emails. net is protected through vigorous en- deal with Ziya Mammadov to build the What protects your privacy? forcement and that innovation is al- Trump Tower Baku in the notoriously cor- This rule that is about to be re- lowed to flourish. rupt country Azerbaijan in possible violation pealed. I urge all of my colleagues to support of the Foreign Corrupt Practices Act and, by profiting from business with the Mammadov If you have problems with the pri- this commonsense resolution. family, due to their financial entanglements vacy policies of your email provider or Mr. Speaker, I yield back the balance with the Iran Revolutionary Guard may have social network, you have got competi- of my time. also violated the Emoluments Clause if in- tion to go to. But most Americans have The SPEAKER pro tempore. All time come from this project continues to flow to just one or, at most, just two choices for debate has expired. The Trump Organization, and; for their broadband provider. And, in- Pursuant to the rule, the previous Whereas, The Trump Organization has terestingly enough, all of those pro- question is ordered on the joint resolu- deals in Turkey, admitted by the President himself during a 2015 Brietbart interview, viders are supporting the repeal of this tion. The question is on the third reading and when the President announced his travel privacy rule. ban, Turkey’s President called for President Why? of the joint resolution. Trump’s name to be removed from Trump They are going to make money sell- The joint resolution was ordered to Towers Istanbul, according to The Wall ing your information. be read a third time, and was read the Street Journal, and President Trump’s com- The idea that we could have an FTC third time. pany is currently involved in major licensing solution is an interesting one, but The SPEAKER pro tempore. The deals for that property which may implicate there is no way to do it. In the Ninth question is on the passage of the joint the Emoluments Clause, and; Whereas, shortly after election, the Presi- Circuit’s 2016 ruling of AT&T v. FTC, resolution. The question was taken; and the dent met with the former U.K. Independence they ruled that the FTC is barred from Party leader, Nigel Farage, to get help to imposing data breach rules. So vote Speaker pro tempore announced that stop obstructions of the view from one of his ‘‘no’’ and protect your constituents’ the ayes appeared to have it. golf resorts in Scotland, and according to privacy. Mr. MICHAEL F. DOYLE of Pennsyl- The New York Times, both of the resorts he Mr. FLORES. Mr. Speaker, I con- vania. Mr. Speaker, on that I demand owns there are promoted by Scotland’s offi- tinue to reserve the balance of my the yeas and nays. cial tourism agency, a benefit that may vio- time. The yeas and nays were ordered. late the Emoluments Clause, and; The SPEAKER pro tempore. Pursu- Whereas, at Trump Tower in New York, Mr. MICHAEL F. DOYLE of Pennsyl- the Industrial and Commercial Bank of vania. Mr. Speaker, I ask my col- ant to clause 8 of rule XX, further pro- ceedings on this question will be post- China is a large tenant, according to leagues to vote against this horrible Bloomberg; the United Arab Emirates leases resolution, and I yield back the balance poned. space, according to the Abu Dhabi Tourism of my time. f & Culture Authority; and the Saudi Mission Mr. FLORES. Mr. Speaker, I yield RAISING A QUESTION OF THE to the U.N. makes annual payments, accord- ing to the New York Daily News, and money myself the balance of my time. PRIVILEGES OF THE HOUSE We have heard a lot of interesting from these foreign countries goes to the claims today in the discussion about Ms. LOFGREN. Mr. Speaker, I rise to President, and; a question of the privileges of the Whereas, according to NPR, in February this fairly simple resolution to roll China gave provisional approval for 38 new back overreaching regulation from the House, and offer the resolution that was previously noticed. trademarks for The Trump Organization, FCC that were passed late in the which have been sought for a decade to no The SPEAKER pro tempore. The Obama administration’s time. avail, until President Trump won the elec- Clerk will report the resolution. I would remind everybody, Mr. tion. This is a benefit the Chinese Govern- The Clerk read as follows: Speaker, that this CRA has nothing to ment gave to the President’s businesses in do with the President’s tax return, it Expressing the sense of the House of Rep- possible violation of the Emoluments Clause, resentatives that the President shall imme- and; has nothing to do with Russian hack- diately disclose his tax return information Whereas, the President is part owner of a ing, and there have been some gross to Congress and the American people. New York building carrying a $950 million mischaracterizations of what this reso- Whereas, the Emoluments Clause was in- loan, partially held by the Bank of China, ac- lution does. cluded in the U.S. Constitution for the ex- cording to The New York Times, when owing Why do we need this resolution? press purpose of preventing federal officials the Government of China by the extension of The three reasons are, as Chair- from accepting any ‘‘present, Emolument, loans and credits by a foreign State to an of- woman BLACKBURN opened up at the be- Office, or Title . . . from any King, Prince, ficer of the United States would violate the or foreign State’’; Emoluments Clause, and; ginning: Whereas, in Federalist No. 22 (Alexander Whereas, NPR reported that the Embassy First of all, the FCC swiped jurisdic- Hamilton) it is said, ‘‘One of the weak sides of Kuwait held its 600 guest National Day tion from the FTC. of republics, among their numerous advan- celebration at Trump Hotel in Washington, Second, two cops on the beat create tages, is that they afford too easy an inlet to D.C., last month, proceeds to Trump, and; confusion among consumers and among foreign corruption,’’ and; Whereas, according to The Washington the ISP providers. Whereas, the delegates to the Constitu- Post, the Trump International Hotel in Third, the FTC already has jurisdic- tional Convention specifically designed the Washington, D.C., has hired a ‘‘director of tion over this space. Emoluments Clause as an antidote to poten- diplomatic sales’’ to generate high-priced tially corrupting foreign practices of a kind business among foreign leaders and diplo- Let me close with this: this resolu- that the Framers had observed during the matic delegations, and; tion of disapproval only rescinds the period of the Confederation, and; Whereas, according to his 2016 candidate FCC’s rule, but it still provides the Whereas, Article 1, section 9, clause 8 of filing with the Federal Election Commission, FCC the opportunity to provide more the Constitution states: ‘‘no person holding the President has 564 financial positions in

VerDate Sep 11 2014 02:27 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A28MR7.039 H28MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2502 CONGRESSIONAL RECORD — HOUSE March 28, 2017 companies located in the United States and The gentlewoman from California is The SPEAKER pro tempore. The gen- around the world, and; recognized. tlewoman from California seeks to Whereas, against the advice of ethics at- Ms. LOFGREN. Mr. Speaker, under offer a resolution as a question of the torneys and the Office of Government Ethics, clause 1 of rule IX, questions of the privileges of the House under rule IX. the President has refused to divest his own- ership stake in his businesses, and; privileges of the House are: ‘‘those af- In evaluating the resolution under Whereas, the Director of the nonpartisan fecting the rights of the House collec- rule IX, the Chair must determine Office of Government Ethics said that the tively, its safety, dignity, and the in- whether the resolution affects ‘‘the President’s plan to transfer his business tegrity of its proceedings.’’ rights of the House collectively, its holdings to a trust managed by family mem- The dignity and integrity of the safety, dignity, and the integrity of its bers is ‘‘meaningless’’ and ‘‘does not meet House’s proceedings have been vio- proceedings.’’ the standards that . . . every President in lated, and continue to be violated, be- The resolution offered by the gentle- the past four decades has met’’, and; cause Congress has not had the con- woman from California directs the Whereas, in the United States’ system of stitutionally afforded opportunity to checks and balances, Congress has a respon- House to request the President’s tax sibility to hold the executive branch of gov- consent to emoluments being received return information as part of a deter- ernment to the highest standard of trans- by the President or to enforce, if con- mination as to whether the President parency to ensure the public interest is sent is not given. is in violation of the Foreign Emolu- placed first and the Constitution is adhered I would note that Congress has the ments Clause of the Constitution. to, and; authority to request the President’s Section 702 of the House Rules and Whereas, the House Judiciary Committee taxes under section 6103 of the Internal Manual states that ‘‘rule IX is con- has the first responsibility among the com- Revenue Code, and use of this author- cerned not with the privileges of the mittees of the House to see that elements of ity would not be unprecedented, as it our Constitution are adhered to and, in fur- Congress, as a legislative branch, but therance of that responsibility, Judiciary was used in 1974 to request President only with the privileges of the House, Committee members have historically uti- Nixon’s tax returns that revealed that as a House.’’ As such, reviews of extra- lized fact-finding and research prior to for- he owed nearly half a million dollars in mural activities, even with regard to mal hearings, and; back taxes. constitutional prerogatives, have not Whereas, tax returns provide an important I would note that issues of the Con- met the standards of rule IX. baseline disclosure because they contain stitution and the House’s prerogatives The Chair would also cite the pro- highly instructive information including under the Constitution have a prece- ceedings of May 21, 2009. On that date, whether the filer paid taxes, what they own, dent in using rule IX as a privileged what they have borrowed and from whom, a resolution proposing a review of the whether they have made any charitable do- resolution. accuracy of certain public statements nations, and whether they have taken advan- For example, if a revenue measure is made by the Speaker regarding com- tage of tax loopholes and that such informa- initiated in the Senate instead of in munications to Congress from the exec- tion would be material to members of the the House as required by the Constitu- utive branch was held not to qualify as Judiciary Committee as research is under- tion, that is a matter of a privilege of a question of privilege, because it nec- taken on whether President Trump is in vio- the House. I would argue that the essarily would have required a review lation of the Emoluments Clause of the Con- Emoluments Clause is at least as im- stitution, and; not only of the Speaker’s statements portant, possibly more important, than but also of actions by extramural ac- Whereas, disclosure of the President’s tax the origination of a revenue measure in returns would be an effective means for the tors in the executive branch. President to provide evidence either refuting either the House or Senate. The resolution offered by the gentle- or confirming claims of violations of the I have been a member of the Judici- woman from California does not invoke Emoluments Clause, and; ary Committee for 22 years. I am well a unique prerogative of the House, as a Whereas, the President’s tax returns are aware of how the Judiciary Committee House. Instead, it seeks documents likely to be essential as members of the Ju- operates and the need for individual from the President, an actor entirely diciary Committee work to research poten- Members to do research before any offi- tial violations of the Emoluments Clause, extramural to the House. Accordingly, cial action is taken in that committee. the resolution does not qualify as a and; And since it is the Judiciary Com- Whereas, the chairmen of the Ways and question of the privileges of the House. Means Committee, Joint Committee on Tax- mittee, it has the first responsibility Ms. LOFGREN. Mr. Speaker, I appeal ation, and Senate Finance Committee have for adhering to the Constitution among that ruling. the authority to request the President’s tax the committees of the House. I think it The SPEAKER pro tempore. The returns under section 6103 of the Tax Code, is absolutely essential for the Presi- question is, Shall the decision of the and this power is an essential tool in learn- dent’s tax returns to be released so ing whether the President may be in viola- Chair stand as the judgment of the that the members of the Judiciary House? tion of the Emoluments Clause, and; Committee can do their job to research MOTION TO TABLE Whereas, questions involving constitu- whether the Emoluments Clause has tional functions and the House’s constitu- Mr. FLORES. Mr. Speaker, I have a tionally granted powers have been recog- been violated and whether permission should be given to the President to re- motion at the desk. nized as valid questions of the privileges of The SPEAKER pro tempore. The the House. ceive payments from foreign states. Resolved, That the House of Representa- I would note that there is no question Clerk will report the motion. tives shall— that the Emoluments Clause of the The Clerk read as follows: 1. Immediately request the tax return in- Constitution was placed there to pre- Mr. Flores moves to lay the appeal on the formation of Donald J. Trump for tax years vent corruption in the system. It was table. 2000 through 2015 for review by Congress, as based on a sad experience during the The SPEAKER pro tempore. The part of a determination as to whether the question is on the motion to table. President is in violation of the Foreign Articles of Confederation. It is nec- Emoluments Clause of the U.S. Constitution. essary to make sure that the President The question was taken; and the and all other officers of the United Speaker pro tempore announced that b 1715 States have loyalty to only one thing, the ayes appeared to have it. The SPEAKER pro tempore. Does the and that is to the United States of Ms. LOFGREN. Mr. Speaker, on that gentlewoman from California wish to America, not to any foreign power. I demand the yeas and nays. present argument on the parliamen- In order to do that, we need to review The yeas and nays were ordered. tary question of whether the resolution the data. As I say, the dignity and in- The SPEAKER pro tempore. Pursu- presents a question of the privileges of tegrity of the House requires that the ant to clause 8 of rule XX, this 15- the House? Constitution be upheld, and in order to minute vote on the motion to table Ms. LOFGREN. I do, Mr. Speaker. uphold the Constitution, we must have will be followed by a 5-minute vote on The SPEAKER pro tempore. The re- this information. passage of S.J. Res. 34. marks of the gentlewoman must be For these reasons, the resolution The vote was taken by electronic de- confined to the question of whether the raises a question of the privileges of vice, and there were—yeas 228, nays resolution presents a question of the the House and should be permitted, Mr. 190, answered ‘‘present’’ 2, not voting 9, privileges of the House. Speaker. as follows:

VerDate Sep 11 2014 03:20 Jun 16, 2017 Jkt 079060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\RECORD17\MARCH\H28MR7.REC H28MR7 March 28, 2017 CONGRESSIONAL RECORD — HOUSE H2503 [Roll No. 201] Deutch Larsen (WA) Quigley The vote was taken by electronic de- Dingell Larson (CT) Raskin YEAS—228 Doggett Lawrence Rice (NY) vice, and there were—yeas 215, nays Abraham Gohmert Noem Doyle, Michael Lawson (FL) Richmond 205, not voting 9, as follows: Aderholt Goodlatte Nunes F. Lee Rosen [Roll No. 202] Allen Gosar Olson Ellison Levin Roybal-Allard Amash Gowdy Palazzo Engel Lewis (GA) Ruiz YEAS—215 Eshoo Lieu, Ted Amodei Granger Palmer Ruppersberger Abraham Gosar Olson Espaillat Lipinski Ryan (OH) Arrington Graves (GA) Paulsen Aderholt Gowdy Palazzo Esty Loebsack Sa´ nchez Babin Graves (LA) Pearce Allen Granger Palmer Evans Lofgren Sarbanes Bacon Graves (MO) Perry Amodei Graves (GA) Paulsen Foster Banks (IN) Griffith Poe (TX) Lowenthal Schakowsky Arrington Graves (MO) Frankel (FL) Pearce Barletta Grothman Poliquin Lowey Schiff Babin Griffith Fudge Lujan Grisham, Perry Barr Guthrie Ratcliffe Schneider Bacon Grothman Gabbard M. Schrader Poe (TX) Barton Harper Reed Banks (IN) Guthrie Gallego Luja´ n, Ben Ray Scott (VA) Poliquin Bergman Harris Reichert Barletta Harper Garamendi Lynch Scott, David Posey Biggs Hartzler Renacci Barr Harris Gonzalez (TX) Maloney, Serrano Ratcliffe Bilirakis Hensarling Rice (SC) Barton Hartzler Gottheimer Carolyn B. Sewell (AL) Reed Bishop (MI) Herrera Beutler Roby Bergman Hensarling Green, Al Maloney, Sean Shea-Porter Renacci Bishop (UT) Hice, Jody B. Roe (TN) Biggs Hice, Jody B. Green, Gene Matsui Sherman Rice (SC) Black Higgins (LA) Rogers (AL) Bilirakis Higgins (LA) Grijalva McCollum Sinema Roby Blackburn Hill Rogers (KY) Bishop (MI) Holding Gutie´rrez McEachin Sires Roe (TN) Blum Holding Rohrabacher Bishop (UT) Hollingsworth Hanabusa Rogers (AL) Bost Hollingsworth McGovern Smith (WA) Black Hudson Rokita Hastings Rogers (KY) Brady (TX) Hudson McNerney Soto Blackburn Huizenga Rooney, Francis Heck Rohrabacher Brat Huizenga Meeks Speier Blum Hultgren Rooney, Thomas Higgins (NY) Rokita Bridenstine Hultgren Meng Suozzi Bost Hunter J. Himes Brooks (AL) Hunter Moore Swalwell (CA) Brady (TX) Hurd Rooney, Francis Roskam Hoyer Brooks (IN) Hurd Moulton Takano Brat Issa Rooney, Thomas Ross Huffman Buchanan Issa Murphy (FL) Thompson (CA) Bridenstine Jenkins (KS) J. Rothfus Jackson Lee Buck Jenkins (KS) Nadler Thompson (MS) Brooks (IN) Jenkins (WV) Roskam Rouzer Jayapal Bucshon Jenkins (WV) Napolitano Titus Buchanan Johnson (LA) Ross Royce (CA) Jeffries Budd Johnson (LA) Neal Tonko Buck Johnson (OH) Rothfus Russell Johnson (GA) Burgess Johnson (OH) Norcross Torres Bucshon Johnson, Sam Rouzer Rutherford Johnson, E. B. Byrne Johnson, Sam O’Halleran Tsongas Budd Jordan Royce (CA) Scalise Jones Calvert Jordan O’Rourke Vargas Burgess Joyce (OH) Russell Schweikert Kaptur Carter (GA) Joyce (OH) Pallone Veasey Byrne Katko Rutherford Scott, Austin Keating Carter (TX) Katko Panetta Vela Calvert Kelly (MS) Scalise Sensenbrenner Kelly (IL) ´ Chabot Kelly (MS) Pascrell Velazquez Carter (GA) Kelly (PA) Schweikert Sessions Kennedy Chaffetz Kelly (PA) Payne Visclosky Carter (TX) King (IA) Scott, Austin Shimkus Khanna Cheney King (IA) Pelosi Walz Chabot King (NY) Sensenbrenner Shuster Kihuen Coffman King (NY) Perlmutter Wasserman Chaffetz Kinzinger Sessions Smith (MO) Kildee Cole Kinzinger Peters Schultz Cheney Knight Shimkus Smith (NE) Kilmer Peterson Collins (GA) Knight Waters, Maxine Cole Kustoff (TN) Shuster Smith (NJ) Kind Pingree Watson Coleman Collins (NY) Kustoff (TN) Collins (GA) Labrador Smith (MO) Smith (TX) Krishnamoorthi Pocan Welch Comer Labrador Collins (NY) LaHood Smith (NE) Smucker Kuster (NH) Polis Wilson (FL) Comstock LaHood Comer LaMalfa Smith (NJ) Stefanik Langevin Conaway LaMalfa Price (NC) Yarmuth Comstock Lamborn Stewart Smith (TX) Cook Lamborn Conaway Lance Stivers ANSWERED ‘‘PRESENT’’—2 Smucker Costello (PA) Lance Cook Latta Taylor Stewart Cramer Latta DeFazio Sanford Costello (PA) Lewis (MN) Tenney Stivers Crawford Lewis (MN) Cramer LoBiondo Thompson (PA) NOT VOTING—9 Taylor Culberson LoBiondo Crawford Long Tenney Curbelo (FL) Long Thornberry Duffy Pittenger Rush Culberson Loudermilk Thompson (PA) Davidson Loudermilk Tiberi Marino Posey Simpson Curbelo (FL) Love Thornberry Davis, Rodney Love Tipton Nolan Ros-Lehtinen Slaughter Davis, Rodney Lucas Tiberi Denham Lucas Trott Denham Luetkemeyer Tipton Dent Luetkemeyer Turner b 1748 Dent MacArthur Trott DeSantis MacArthur Upton DeSantis Marchant Turner DesJarlais Marchant Valadao Mr. O’HALLERAN changed his vote DesJarlais Marshall Upton Diaz-Balart Marshall Wagner Diaz-Balart Massie from ‘‘yea’’ to ‘‘nay.’’ Valadao Donovan Massie Walberg Donovan Mast So the motion to table was agreed to. Wagner Duncan (SC) Mast Walden Duncan (SC) McCarthy Walberg Duncan (TN) McCarthy Walker The result of the vote was announced Dunn McCaul Dunn McCaul Walorski as above recorded. Emmer McHenry Walden Walker Emmer McClintock Walters, Mimi A motion to reconsider was laid on Farenthold McKinley Farenthold McHenry Weber (TX) Ferguson McMorris Walorski Faso McKinley Webster (FL) the table. Fitzpatrick Rodgers Walters, Mimi Ferguson McMorris Wenstrup Fleischmann McSally Weber (TX) Fitzpatrick Rodgers Westerman f Flores Meadows Webster (FL) Fleischmann McSally Williams Fortenberry Meehan Wenstrup Flores Meadows Wilson (SC) PROVIDING FOR CONGRESSIONAL Foxx Messer Westerman Fortenberry Meehan Wittman DISAPPROVAL OF A RULE SUB- Franks (AZ) Mitchell Williams Foxx Messer Womack MITTED BY THE FEDERAL COM- Frelinghuysen Moolenaar Wilson (SC) Franks (AZ) Mitchell Woodall Gaetz Mooney (WV) Wittman Frelinghuysen Moolenaar Yoder MUNICATIONS COMMISSION Gallagher Mullin Womack Gaetz Mooney (WV) Yoho The SPEAKER pro tempore. The un- Garrett Murphy (PA) Woodall Gallagher Mullin Young (AK) Gibbs Newhouse Yoho Garrett Murphy (PA) Young (IA) finished business is the vote on passage Gohmert Noem Young (AK) Gibbs Newhouse Zeldin of the joint resolution (S.J. Res. 34) Goodlatte Nunes Young (IA) providing for congressional disapproval NAYS—190 NAYS—205 under chapter 8 of title 5, United Adams Butterfield Conyers Adams Brownley (CA) Coffman Aguilar Capuano Cooper States Code, of the rule submitted by Aguilar Bustos Cohen Barraga´ n Carbajal Correa the Federal Communications Commis- Amash Butterfield Connolly Bass Ca´ rdenas Costa sion relating to ‘‘Protecting the Pri- Barraga´ n Capuano Conyers Beatty Carson (IN) Courtney vacy of Customers of Broadband and Bass Carbajal Cooper Bera Cartwright Crist Beatty Ca´ rdenas Correa Beyer Castor (FL) Crowley Other Telecommunications Services’’, Bera Carson (IN) Costa Bishop (GA) Castro (TX) Cuellar on which the yeas and nays were or- Beyer Cartwright Courtney Blumenauer Chu, Judy Cummings dered. Bishop (GA) Castor (FL) Crist Blunt Rochester Cicilline Davis (CA) Blumenauer Castro (TX) Crowley Bonamici Clark (MA) Davis, Danny The Clerk read the title of the joint Blunt Rochester Chu, Judy Cuellar Boyle, Brendan Clarke (NY) DeGette resolution. Bonamici Cicilline Cummings F. Clay Delaney The SPEAKER pro tempore. The Boyle, Brendan Clark (MA) Davidson Brady (PA) Cleaver DeLauro question is on the passage of the joint F. Clarke (NY) Davis (CA) Brown (MD) Clyburn DelBene Brady (PA) Clay Davis, Danny Brownley (CA) Cohen Demings resolution. Brooks (AL) Cleaver DeFazio Bustos Connolly DeSaulnier This is a 5-minute vote. Brown (MD) Clyburn DeGette

VerDate Sep 11 2014 02:27 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A28MR7.028 H28MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2504 CONGRESSIONAL RECORD — HOUSE March 28, 2017 Delaney Kind Price (NC) the chair, I am not recorded. Had I been our Tax Code has largely stayed the DeLauro Krishnamoorthi Quigley DelBene Kuster (NH) Raskin present, I would have voted ‘‘aye.’’ same. Demings Langevin Reichert On rollcall No. 202 on final passage of S.J. As we bring our Tax Code into the DeSaulnier Larsen (WA) Rice (NY) Res. 34, I am not recorded. Had I been 21st century, we must simplify the Deutch Larson (CT) Richmond present, I would have voted ‘‘aye’’ on final code. The U.S. Tax Code is over 3 mil- Dingell Lawrence Rosen Doggett Lawson (FL) Roybal-Allard passage of S.J. Res. 34. lion words long, and Americans spend billions of hours and hundreds of bil- Doyle, Michael Lee Ruiz f F. Levin Ruppersberger lions of dollars complying with Federal Duncan (TN) Lewis (GA) Ryan (OH) COMMUNICATION FROM THE tax requirements each year. Imagine if Ellison Lieu, Ted Sa´ nchez Engel Lipinski Sanford DEMOCRATIC LEADER that time and money were spent on in- Eshoo Loebsack Sarbanes The SPEAKER pro tempore laid be- novation and job creation instead. As Espaillat Lofgren Schakowsky fore the House the following commu- we work to shrink taxes and erase the Esty Lowenthal Schiff excessive compliance rules, we must Evans Lowey Schneider nication from the Honorable NANCY also make sure that the taxes we col- Faso Lujan Grisham, Schrader PELOSI, Democratic Leader: Foster M. Scott (VA) lect are spent according to constitu- MARCH 27, 2017. Frankel (FL) Luja´ n, Ben Ray Scott, David tional constraints. Hon. PAUL D. RYAN, Fudge Lynch Serrano We must propose a plan that will bet- Gabbard Maloney, Sewell (AL) Speaker of the House of Representatives, U.S. Gallego Carolyn B. Shea-Porter Capitol, Washington, DC. ter serve individuals, families, and Garamendi Maloney, Sean Sherman DEAR MR. SPEAKER: Pursuant to clause businesses across the country. We must Gonzalez (TX) Matsui Sinema (5)(a)(4)(A) of Rule X of the Rules of the introduce legislation that lowers taxes, Gottheimer McClintock Sires House of Representatives, I designate the fol- reduces the corporate tax rate, mini- Graves (LA) McCollum Smith (WA) Green, Al McEachin Soto lowing Members to be available to serve as mizes government interference in the Green, Gene McGovern Speier Members of an Investigative Subcommittee free market, and eases the overall cost Grijalva McNerney Stefanik established by the Committee on Ethics dur- to taxpayers to fully comply with the ´ Gutierrez Meeks Suozzi ing the 115th Congress: system. Hanabusa Meng Swalwell (CA) Suzanne Bonamici of Oregon Hastings Moore Takano Brian Higgins of New York f Heck Moulton Thompson (CA) Hakeem S. Jeffries of New York Herrera Beutler Murphy (FL) Thompson (MS) HONORING THE LIFE OF AHMED Higgins (NY) Nadler Titus William R. Keating of Massachusetts ‘‘KATHY’’ KATHRADA Himes Napolitano Torres Raja Krisbnamoorthi of Illlinois Hoyer Neal Tsongas Ed Perlmutter of Colorado (Mr. COHEN asked and was given per- Huffman Nolan Vargas Jamie Raskin of Maryland mission to address the House for 1 Jackson Lee Norcross Veasey Terri A. Sewell of Alabama minute and to revise and extend his re- Jayapal O’Halleran Vela Darren Soto of Florida ´ marks.) Jeffries O’Rourke Velazquez Dina Titus of Nevada Johnson (GA) Pallone Visclosky Mr. COHEN. Mr. Speaker, I was Johnson, E. B. Panetta Walz Best regards, awakened today to the news of a gen- Jones Pascrell Wasserman NANCY PELOSI, tleman from South Africa, who was one Kaptur Payne Schultz Democratic Leader. Keating Pelosi Waters, Maxine of the great historic men I have experi- Kelly (IL) Perlmutter Watson Coleman f enced in my life, an antiapartheid ac- Kennedy Peters Welch REPORT ON RESOLUTION PRO- tivist and a blessed man, Ahmed Khanna Peterson Wilson (FL) Kathrada, known as Kathy, passed Kihuen Pingree Yarmuth VIDING FOR CONSIDERATION OF Kildee Pocan Yoder H.R. 1431, EPA SCIENCE ADVI- away. Kathy was an Indian gentleman who Kilmer Polis Zeldin SORY BOARD REFORM ACT OF went to Johannesburg with his family NOT VOTING—9 2017 as a young man and found that, at age Duffy Pittenger Simpson Mr. NEWHOUSE, from the Com- 8, he had to move there because there Hill Ros-Lehtinen Slaughter Marino Rush Tonko mittee on Rules, submitted a privi- were no Indian schools in South Africa. leged report (Rept. No. 115–64) on the He became, at a very early age, an ac- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE resolution (H. Res. 233) providing for tivist for social reform and against The SPEAKER pro tempore (Mr. consideration of the bill (H.R. 1431) to apartheid, first for Indian rights and HULTGREN) (during the vote). There are amend the Environmental Research, then against apartheid and for South 2 minutes remaining. Development, and Demonstration Au- African rights. b 1756 thorization Act of 1978 to provide for He was arrested, along with Nelson So the joint resolution was passed. Scientific Advisory Board member Mandela, Walter Sisulu, Mbeki, Gold- The result of the vote was announced qualifications, public participation, berg, and other leaders of the ANC, as above recorded. and for other purposes, which was re- tried in the famous Rivonia trial in A motion to reconsider was laid on ferred to the House Calendar and or- 1963, and convicted as they all were. He the table. dered to be printed. spent 18 years in prison on Robben Is- land, with Nelson Mandela and others, Stated against: f and 8 additional years in prison. But Mr. HILL. Mr. Speaker, I was unavoidably b 1800 when released from prison, he didn’t detained. Had I been present, I would have see bitterness, he saw only peace and a voted ‘‘nay’’ on rollcall No. 202. TAX REFORM period of commitment to resolving PERSONAL EXPLANATION (Mr. BIGGS asked and was given per- race relations in South Africa. Mr. SIMPSON. Mr. Speaker, on Monday, mission to address the House for 1 He befriended the people who had March 27 and Tuesday, March 28, I was ab- minute.) been his guards and who had subjected sent from votes due to business in my Con- Mr. BIGGS. Mr. Speaker, we know him to minority rights. He was elected gressional District. Had I been present, I the Tax Code is excessively com- to the African National Congress party would have voted as follows: plicated and takes too much money as a delegate to parliament and served Rollcall No. 195—‘‘Yea.’’ from Americans, thus we overhauled as one of Nelson Mandela’s aides. He Rollcall No. 196—‘‘Yea.’’ the United States Tax Code. received four honorary degrees in his Rollcall No. 197—‘‘Yea.’’ Over 30 years ago, President Ronald life, one from the University of Ken- Rollcall No. 198—‘‘Yea.’’ Reagan signed the last major tax re- tucky, one from Michigan State, and Rollcall No. 199—‘‘Yea.’’ form package. To put this in perspec- one from the University of Missouri. Rollcall No. 200—‘‘Yea.’’ tive, this was before the world wide He moved back to Robben Island, lived Rollcall No. 201—‘‘Yea.’’ web went live to the public, more than there, and gave tours of the museum. Rollcall No. 202—‘‘Yea.’’ 10 years ago before ‘‘google’’ was a On my second trip to South Africa, PERSONAL EXPLANATION verb, and visiting a Blockbuster was where I met him on a second occasion, Mr. DUFFY. Mr. Speaker, on rollcall No. 201 the best way to rent a movie. America he led our group on our tour. It was re- on motion to table the appeal of the ruling of is vastly different than it was then, yet markable to see the prison guards hand

VerDate Sep 11 2014 04:01 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\A28MR7.027 H28MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 28, 2017 CONGRESSIONAL RECORD — HOUSE H2505 the key to the prison to the former continue to see great accomplishments bases will be affected, threatening not prisoner. from these bright, young women as just our personal but our national se- Kathy was a great human being and a they master science, technology, engi- curity. humanitarian individual who served neering, art, and math. The administration needs to stop the Indian people, the South African f taking steps backwards when it comes nation, and humanity in a superb fash- to our CO2 output. But like many busi- ion. His was a life well-lived. I was for- DON’T CROSS THE NAPOLEON OF nesses, it needs to start pivoting and tunate to have met him, and I am sorry SIBERIA taking steps forward to protect our for his loss. (Mr. POE of Texas asked and was jobs, our coastlines, and our future. f given permission to address the House f for 1 minute.) THE MARCHANT FAMILY Mr. POE of Texas. Mr. Speaker, for STEMMING THE TIDE OF JOB (Mr. OLSON asked and was given per- the last 8 years, the world turned its LOSSES mission to address the House for 1 cheek while Vladimir Putin—the Napo- (Ms. KAPTUR asked and was given minute and to revise and extend his re- leon of Siberia—stomped on human permission to address the House for 1 marks.) rights and broke international law. minute.) Mr. OLSON. Mr. Speaker, I must con- I was there right after the Russians Ms. KAPTUR. Mr. Speaker, recently fess, as my wife and kids know, I am invaded Georgia and took one-third of while announcing his manufacturing not the most romantic guy. I have the country. Then Putin went on to jobs initiative, President Trump said: never dreamed I would be a match- annex Crimea and invade Ukraine. Just ‘‘Everything is going to be based on maker. Believers say the Lord works in this month, Denis Voronenkov, a Rus- bringing our jobs back. The good jobs, mysterious ways, and, Mr. Speaker, sian lawmaker who opposed Putin and the real jobs. They have to come those words are, oh, so true. defected to Ukraine, was gunned down back.’’ In 2007, I came home and ran for Con- in broad daylight. His assassination is Well, this month, more than 700 idled gress. It was brutal: a 10-person pri- the latest incident in an ongoing pat- U.S. Steel workers in Lorain, Ohio, mary, a runoff against a former Mem- tern of Putin critics who have been were notified they will permanently ber, and a general election against an killed mysteriously. In the last 15 lose their jobs come this June. Lorain incumbent. But I had a secret weapon years, at least 11 other well-known has lost over 1,000 steel jobs since 2015. on my campaign: this man, Luke critics of Putin have been killed mys- It is ground zero on the trade and jobs Marchant. Luke is the son of our col- teriously. front. This stalwart town and its dear league, KENNY. Luke would show up in The message is clear: cross Putin, people have been battered by con- a campaign office with ratty flip flops, and you will face the lethal wrath of tinuing job washout in steel due to un- in wrinkled, baggy shorts, and an un- fair trade practices and closed markets washed T-shirt. Luke was a beast. But the Russian bear. Putin thinks he can continue killing those who oppose him abroad, particularly with China and a beauty showed up like out of Disney: Russia. Katie McDonald. The matchmaking and no one is watching. But I am here to tell him today that America is Through no fault of their own, work- began. Beauty and the beast fell in ers in too many of America’s steel love. watching, and America will never stop defending the defenseless and pro- towns are hurting because of foreign I was there on June 12, 2016, when product dumped on U.S. soil undercut- they were married. Last week, Walker tecting the human rights of people who speak against tyranny—even Russians ting our very way of life. Ross Marchant was born to these two Last week, I invited Commerce Sec- amazing young friends. who speak against tyranny. And that is just the way it is. retary Wilbur Ross to visit Lorain to Katie and Luke, congratulations. In witness firsthand the urgency of stabi- the future, for number two, maybe f lizing our manufacturing sector and Peter Graham Marchant should be a THE CLEAN POWER PLAN fulfilling President Trump’s job prom- name you all should consider. (Mr. PANETTA asked and was given ises of only a few months ago. f permission to address the House for 1 If our Nation is going to stem the HIGHLIGHTING THE DIY GIRLS minute and to revise and extend his re- tide of job losses caused by one-sided INVENTEAM marks.) trade deals on an uneven global playing field, there is no better place to start (Mr. CA´ RDENAS asked and was Mr. PANETTA. Mr. Speaker, today I than Lorain, Ohio. Please, President given permission to address the House rise in opposition of the executive Trump and Commerce Secretary Ross, for 1 minute and to revise and extend order that was signed that attempts to come to Lorain, Ohio. his remarks.) destroy the Clean Power Plan. Mr. CA´ RDENAS. Mr. Speaker, I rise Once again, we are seeing politics f today to highlight the work of the DIY driving policy. We are seeing the ful- ALZHEIMER’S IN AMERICA fillment of a past campaign promise Girls InvenTeam, a group of 12 incred- The SPEAKER pro tempore (Mr. rather than a focus on our future. The ible young women from the San Fer- SMUCKER). Under the Speaker’s an- administration claims that the Clean nando Valley. These young scientists nounced policy of January 3, 2017, the Power Plan limits jobs. The reality is invented a tent with solar panels to aid gentleman from California (Mr. that the jobs were not lost due to refugees and the homeless. Earlier this GARAMENDI) is recognized for 60 min- tougher carbon emission standards. In- month, I had the opportunity to meet utes as the designee of the minority stead, jobs were found due to our inno- these 12 young women at their high leader. school, my alma mater, San Fernando vation, more competition based on Mr. GARAMENDI. Mr. Speaker, we High. cheaper natural gas, more mechaniza- are going to talk about our health, not As an engineer myself, I recognize tion due to advances in technology, about last week’s legislation and the how impressive their work is. Not only and more tax credits for renewable en- effort to change the Affordable Care did these women create something ergy. Act but rather about another part of The reality is that more jobs and amazing, but it was rooted in a desire the health of the American public. to help other people. The DIY Girls property will be lost without reducing The most remarkable proposal came InvenTeam has received one of just fif- our CO2 output. More CO2 will lead to from the President recently in his teen $10,000 grants awarded by MIT. It more acidification which will lead to budget proposals. is also noteworthy that these young less fish and less fishermen. More CO2 scientists were able to come together will lead to shrinking icecaps and ex- b 1815 through the help of DIY Girls, a grass- panding sea levels causing damage to I know that when I saw what he was roots program that empowers young property not only along the central proposing, I am thinking: You have got women to become scientists. coast of California, my district, but to be kidding. He is proposing a $5.6 bil- As their Representative, I am proud along all coastlines around the world. lion reduction in the National Insti- to highlight their work. I know we will Homes, businesses, and even our Navy tutes of Health’s research programs.

VerDate Sep 11 2014 04:01 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K28MR7.070 H28MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2506 CONGRESSIONAL RECORD — HOUSE March 28, 2017 I want to just take a second here and is not here, so I am going to go to our So this nearly $6 billion cut is going draw your attention to what research next more senior Member, Mr. COHEN to affect people’s lives in a meaningful really means. from the great State of Tennessee. way. For that reason, I am proud to The National Institutes of Health is I yield to the gentleman from Ten- join Mr. GARAMENDI and my other col- the principal research arm for nessee. leagues here to oppose this $6 billion healthcare issues throughout the Mr. COHEN. Mr. Speaker, I am cut and also to advocate for increases United States. Over the years, we have pleased to join you today in this 1-hour in funding to the National Institutes of spent very large amounts of taxpayer session. Health, our real defense department dollars dealing with health issues in I am the co-chair of the Medical Re- fighting for all Americans against the the United States. The result of those search Caucus. As the co-chair, I am number one enemy we all have, which research efforts, together with the im- most aware of the need for research is catastrophic illnesses and diseases. plementation, has resulted in breast and how much it has helped our coun- Mr. GARAMENDI. Thank you so very cancer deaths dropping, between 2000 try and how much it has helped many much, Mr. COHEN, for your personal and 2013, by 2 percent, prostate cancer cities and universities in their efforts story and the effect of research not deaths down 11 percent, heart disease to save us. being available to you in your early down 14 percent, stroke down 23 per- For a long time, I have realized that childhood and the result of that. We cent, HIV/AIDS down 52 percent. my enemy—and I am not suggesting to know that all across the United States Research pays in better lives, in peo- anybody, or I don’t want anybody to there are issues that are out there. Cer- ple living longer and the quality of get the wrong impression that I don’t tainly Alzheimer’s, which is our prin- their life. And yet this 18 percent re- think that we need a military, and a cipal subject matter today, together duction that has been proposed by the strong military, but I have known that with the cuts in the National Insti- President in the basic funding for med- the odds of me dying from something tutes of Health budget, but also there that happens initiated by North Korea ical research here in the United States is this thing called Zika. That is out or Iran or ISIS is about nil. But I also goes directly against these very impor- there, and the research for that, is that know that the odds of my dying from tant and very impressive changes in going to be forthcoming or is that also heart disease, stroke, diabetes, Alz- the statistics about mortality—HIV/ going to be cut? heimer’s, cancer is likely. So my AIDS, 52 percent. I noticed that our co-chair of the Alz- enemy is disease. Now, it is not all research, but it be- heimer’s Caucus is here. Ms. WATERS, if And who is working to protect me gins with research. It is unconscionable you would like to join us, the gentle- and be my defense department? The that such a proposal would be brought woman from the State of California National Institutes of Health. That is with whom I have been able to work to the House of Representatives. my defense department. That is all of We are going to go beyond these suc- now for, well, just a few years, dating America’s defense department, for we cess stories, and we are going to talk back to our time in the California Leg- all have, as an enemy, disease. Cures about this purple line here. The deaths islature. I yield to the gentlewoman. and treatments will be found through Ms. MAXINE WATERS of California. from Alzheimer’s have actually in- grants and research coordinated creased by 71 percent in the same 13- I would like very much to thank my through the National Institutes of friend and colleague from California, year period, in part due to the fact that Health. the population, the baby boomers and Congressman JOHN GARAMENDI, for the Francis Collins, the genius who is the time, and I commend him for orga- those that preceded them, grow old; Director of the NIH, is really our sec- and that is where Alzheimer’s occurs, nizing this Special Order on Alz- retary of defense because he is fighting heimer’s disease. It is fitting and ap- in the older age groups. to find cures and treatments not just So what is the research funding here propriate that we would be holding this for us, but more so for the next genera- Special Order hour this evening prior on Alzheimer’s? Well, not so good. tion and the next generation. But before I go to that, I just want to to the National Alzheimer’s Dinner, So it is a perfect situation for us to which will take place tonight. take one moment and draw your atten- act to protect our constituents against tion to this little chart. This is the The National Alzheimer’s Dinner is their most serious enemy, and that is an annual event, organized by the Alz- funding level for the National Insti- disease, and to protect them no matter heimer’s Association, that brings to- tutes of Health’s projected budget: $31.7 how we fund it. For the deficit hawks gether staff, policymakers, advocates, billion. The scientists, the researchers who might suggest that some of the ex- and families impacted by Alzheimer’s out there said that that is under- penses be paid for by future genera- disease from across the country. funding not from their wish list, but tions, that is who is going to get the As the co-chair of the bipartisan Con- from viable, credible research pro- treatments and the cures, and people gressional Task Force on Alzheimer’s grams that can’t be paid for because not even born yet. Disease, I know how devastating this they have run out of money. So they In 1954, my father was a pediatrician, disease can be for patients, families, have suggested that the budget should and he gave the Salk vaccine to second and caregivers. I am proud to lead the be somewhere around $35 billion. grade children for polio. He didn’t give task force along with my co-chair, Con- So what does the President propose? it to me in the fall of 1954 or the spring gressman CHRIS SMITH. Well, he proposes, instead of going up, of 1954 because that wasn’t his charge; Alzheimer’s is a tragic disease affect- going down to $25 billion or just close it was to give it to second graders in a ing millions of Americans and has to $26 billion, $5.6 billion less. test of the Salk vaccine. reached crisis proportions. There is no The result is that this is not going to I came down with polio in September effective treatment, no means of pre- come down. We are going to talk about of 1954. And but for medical research vention, and no method for slowing the this for the next hour, about research, not being a year earlier when the Salk progression of the disease. about the National Institutes of vaccine became available to everyone According to the Centers for Disease Health, about what it means to your in the spring of 1955, I would not have Control and Prevention, that is the life, to my life, to my colleagues’ lives, had polio. CDC, 5 million Americans were living to be able to extend our lives, whether It affected me as a young person. I with Alzheimer’s disease in the year it might be prostate cancer, heart dis- spent 3 months in a hospital, lots of 2013. This number is expected to almost ease, stroke, HIV, or Alzheimer’s. It is time with physical therapists, had sur- triple to 14 million by the year 2050. a fact that, if we are to increase the re- geries, and today wear a brace because, Alzheimer’s is the sixth leading cause search in this area, which, until just without it, I wouldn’t be standing here. of death in the United States. In 2017, last year, was just over $500 million, we My future, I am not sure what it will the direct cost of care for Alzheimer’s can see this begin to change. be, but it would have been a lot better disease and other dementias is ex- Joining me today are my colleagues if we had the Salk vaccine a year ear- pected to hit $259 billion, with 67 per- from around the United States. I was lier. For every cure and treatment that cent of those costs paid for by Medicare looking for a more senior Member from comes a little later and a little later or Medicaid. California, MAXINE WATERS, who is the are that many more people that will Alzheimer’s disease and related de- co-chair of the Alzheimer’s Caucus. She suffer from it. mentias will increase exponentially as

VerDate Sep 11 2014 02:27 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K28MR7.073 H28MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 28, 2017 CONGRESSIONAL RECORD — HOUSE H2507 the baby boom generation ages. At the leaders in support of a program to ad- more Americans every year than breast current rate, the cost of Alzheimer’s dress the problem of wandering among cancer and prostate cancer combined. will reach $1.1 trillion in 2050. We must Alzheimer’s patients. This program It puts a tremendous burden on the act now to change the trajectory of helps local communities and law en- family and the loved ones of those bat- this disease. forcement officials quickly find per- tling the disease because for every Alz- The national plan to address Alz- sons with Alzheimer’s disease who wan- heimer’s patient, there are three people heimer’s disease calls for a cure or an der away from their homes and reunite providing unpaid care. effective treatment for Alzheimer’s by them with their families. Thanks to organizations like Alz- the year 2025. Reaching this goal will The majority of American Alz- heimer’s San Diego, there are services require a significant increase in Fed- heimer’s patients live at home under to support families that are providing eral funding for Alzheimer’s research. the care of family and friends. Accord- care for their loved ones. We are grate- Fortunately, Alzheimer’s research ing to the Alzheimer’s Association, ful for that, but we need to do more. did receive a substantial increase in more than 60 percent of Alzheimer’s pa- Alzheimer’s also puts a tremendous Federal funding in fiscal year 2016. tients are likely to wander away from burden on our healthcare system, as Congress allocated $936 million for Alz- home. Wanderers are vulnerable to de- some of the speakers have mentioned. heimer’s research at NIH in funding hydration, weather conditions, traffic This year, Alzheimer’s and other de- year 2016, an increase of $350 million hazards, and individuals who prey on mentias will cost the Nation $259 bil- over the 2015 level. But that is still far seniors. lion. As our population ages, those less than what is needed to confront Let me just continue my remarks by numbers will only go up. It costs on av- the challenges we face. thanking all of the Members of Con- erage $1,150 more per month for a sen- In March of last year, I wrote a letter gress who are signing letters, who are ior with Alzheimer’s to reside in as- to the House Appropriations Com- focused on this, who understand what sisted living. That puts a financial mittee requesting an additional $500 is going on. I would like to thank the strain on Medicaid, Medicare, and mil- million increase in funding for Alz- gentleman from New Jersey (Mr. lions of families. heimer’s research, for a total appro- SMITH) and the gentleman from Cali- The research being done at UCSD and priation of almost $1.5 billion in fund- fornia (Mr. GARAMENDI) for their lead- around the country is fueled by the Na- ing year 2017. The letter was signed by ership and all the work that they have tional Institutes of Health and the Na- a bipartisan group of 74 Members of done educating the Members and help- tional Institute on Aging. The invest- Congress, including myself, co-chair ing to give exposure to what we need to ments we make in basic scientific re- CHRIS SMITH, and one of the greatest do. search to better understand the disease advocates on behalf of Alzheimer’s pa- Mr. GARAMENDI. Mr. Speaker, I ap- are our best chance at developing new tients not only in the Congress of the preciate the leadership of Ms. WATERS. therapies and ultimately a cure. United States, but even before he came It goes on for many years in this par- One of the most bipartisan victories here, Congressman GARAMENDI. ticular area and beyond. we have had in Congress since I have Last summer, the Senate Appropria- Progress can be made. I am just been here—this is my third term—was tions Committee passed its version of going to take 2 seconds here to show to increase NIH funding and to make a the funding year 2017 Labor, Health the funding levels for cancer, almost $6.3 billion investment in scientific re- and Human Services, Education Appro- $51⁄2 billion; HIV/AIDS, almost $3 bil- search, which we did last year. Mem- priations bill and provided a $400 mil- lion; cardiovascular, $2 billion. This is bers of both parties came together with lion increase in funding for Alzheimer’s 1 year out of date. the understanding that NIH funding research at NIH, for a total appropria- Because of the work of Congress and creates high-paying jobs, grows our tion of $1.39 billion in funding year the leadership of CHRIS SMITH from the economy, and unlocks discovery that 2017. Republican side and Ms. WATERS from changes lives. In his joint address to Meanwhile, the House Labor, HHS, the Democratic side, plus many Mem- Congress this year, right here in this Education Appropriations Sub- bers, this number is not 560; it is just room, President Trump said he wanted committee passed this bill for funding under a billion dollars now. We need to find cures to ‘‘free the Earth from year 2017 on June 17. The House bill more, and we need to get at it soon. the miseries of disease.’’ provided a $300 million increase in Alz- Mr. Speaker, I yield to the gentleman Unfortunately, then he turned heimer’s research. from the southern part of California around and sent a budget to Congress Unfortunately, Congress still has not (Mr. PETERS). that slashed funding for NIH, clawing finished its work on funding the year Mr. PETERS. Mr. Speaker, I thank back the progress that we made last 2017 budget, so we don’t know how Mr. GARAMENDI so much for organizing year. Our efforts to find cures to dis- much funding Alzheimer’s research or this discussion of a really important eases like Alzheimer’s would be com- any other program, for that matter, topic. pletely undermined by the President’s will receive this year. In San Diego, we are a center of At the same time, Congress has al- budget. We just can’t allow that to genomics, a center of life sciences, and ready begun consideration of year 2018 happen. a center of collaborative scientific re- I really, again, appreciate Mr. funding levels. I am once again circu- search that makes groundbreaking dis- GARAMENDI for hosting this conversa- lating a letter to the House Appropria- coveries and improves people’s lives. In tion. I want to let him know that I tions Committee leaders requesting ro- 2015, our research institutions received would be happy to sign on to Ms. bust funding for Alzheimer’s research. This year my letter requests a $414 $768 million in NIH research funding, WATERS and Mr. SMITH’s letter, which million increase in funding for Alz- the most of any metro area in the he is also a leader of. I look forward to heimer’s research in fiscal year 2018 United States. We are home to places working with Mr. GARAMENDI and all of above the level included in the funding like the Salk Institute for Biological our other colleagues to defend the in- year 2017 Senate bill. That would be a Studies, Sanford Burnham Prebys Med- vestment we have made in scientific total appropriation of more than $1.8 ical Discovery Institute, the J. Craig research last year and to push for even billion for Alzheimer’s research in Venter Institute, and the Scripps Re- more so that we can begin to win the funding year 2018. search Institute, where world-class sci- battle against Alzheimer’s and other Although this letter just started cir- entists are making discoveries that diseases. That is what it is about, it is culating, more than 25 Members of save and improve millions of lives. about winning. That is what I have Congress have already signed this let- At the University of California San been hearing. We want to win this bat- Diego, UCSD, the Shiley-Marcos Alz- ter, of course led by Co-Chairs CHRIS tle. heimer’s Disease Research Center is I am very conscious that the United SMITH and Congressman GARAMENDI and myself. part of a collaborative national effort States has written the playbook for to better diagnose, prevent, treat, and how to lead the world in science, and it b 1830 ultimately to cure Alzheimer’s. More is by funding basic scientific research, I am also circulating a letter to than 5 million Americans are living by letting the best scientists in the House Committee on Appropriations with that disease. Alzheimer’s kills world compete for those grants that

VerDate Sep 11 2014 02:27 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K28MR7.074 H28MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2508 CONGRESSIONAL RECORD — HOUSE March 28, 2017 are peer-reviewed—not decided by poli- cut $5.8 billion from the National Insti- tutes of Health and others, were made ticians, but by scientists. That system tutes of Health for fiscal year 2018. Mr. so that a wall on the Mexican border has worked marvelously well. Let’s not Speaker, there is absolutely nothing could be funded. kill it. Let’s feed it. great about that. These cuts would re- Ponder that for a few moments. Is Mr. GARAMENDI. Mr. Speaker, I verse growth for the agency that Presi- that really a priority? Do we cut the thank Mr. PETERS for his comments. dent Obama boosted its budget by $2 funding for this basic research—wheth- His knowledge and expertise in this billion in 2016 and 2017. These cuts er it is for cancer, diabetes, even people field is appreciated and, I am sure when would forfeit American dominance in a that are suffering from post-traumatic shared with the other Members of this sector where we are global leaders. stress disorder—so that we can fund a House, will have a positive result. In New Jersey’s 12th District, Prince- wall on the border? Mr. PETERS said something toward ton University received close to $46 That may be what this is all about, the end of his conversation that I think million in NIH grants, and the College in which case it is a terrible, terrible we need to drive home. I said earlier of New Jersey received around $400,000 choice. I don’t think we are going to that the scientists suggested that in- to continue our Nation’s stature at the make that. stead of a $31.7 billion budget for the forefront of medical breakthroughs. I thank the gentlewoman from New NIH, they needed an additional $3.3 bil- The cuts proposed would, in effect, Jersey (Mrs. WATSON COLEMAN) for her lion. It is for those projects that Mr. stunt good and essential medical re- views. I really appreciate her under- PETERS described as peer-reviewed by search, lifesaving research. standing of this and her participation peers in the area of science—whether it Unlike what we have seen from this today. is heart disease, cancer, or HIV or Alz- administration, the NIH has produced I see next to you our colleague from the great State of Maryland (Mr. heimer’s—that are worthy projects for results that improve the health and RASKIN) listening very intently to you which there is no money. livelihood of the American people. For and now prepared to jump into the fray If we could fund those—not reduce example, there is no widely available here. the level of funding, as suggested by cure for sickle cell anemia. While some Mr. Speaker, I yield to the gentleman the President, but, rather, increase it— children have been successfully treated from Maryland (Mr. RASKIN). what would be the result? with blood stem cell and/or bone mar- Mr. RASKIN. Mr. Speaker, nobody I am going to toss this up one more row transplants, this approach was takes the speech and debate clause time. This is what happens when re- thought to be too toxic for adults. more seriously in this body than Mr. search is applied to diseases. Breast However, NIH researchers successfully GARAMENDI. He speaks in debate pretty cancer down, prostate cancer down, treated adults with severe sickle cell much every day, and that is what the heart disease deaths, strokes, and HIV, disease using a modified stem cell Founders wanted us to do, not to just all down as a result of research, and transplant approach that does not re- come here in a kind of naked exercise then the application of that research quire extensive immune-suppressing of power politics and see who can get through the medical community. This drugs. more votes, but really try to learn is progress. This is what can happen. After receiving an experimental spi- from each other and engage in a dia- This is what we want to get to. nal stimulation therapy from a team of logue so we are advancing public pol- Mr. PETERS. Will the gentleman NIH-funded researchers, four young icy. yield? men paralyzed due to spinal cord inju- It was a pleasure to receive the gen- Mr. GARAMENDI. Mr. Speaker, I ries were able to regain control of some tleman’s invitation to join this Special yield to the gentleman from California. movement, promising results for treat- Order on Alzheimer’s disease. I am de- Mr. PETERS. I want to leave time ing these devastating injuries. lighted to join him. I am also delighted for Mr. RASKIN, but we talk about this NIH-supported researchers designed a to see at the dais this evening the peer-review concept. Maybe people protocol to transform human stem Speaker pro tempore, my friend Con- don’t understand what that is. What cells into beta cells that produce insu- gressman SMUCKER from Lancaster happens is these top scientists from lin and respond to glucose. That find- County, Pennsylvania. He is just a around the world file these grants. ing could lead to new stem cell-based freshman, but he is already wielding They are reviewed not by government therapies to treat diabetes in patients the gavel. I would say that seat suits employees, not by bureaucrats, not by of all ages, a disease that is so preva- Congressman SMUCKER just fine. It is politicians, but by real scientists, the lent in our society. good to see him up there tonight. best in their field, to determine which The specific damage that occurs in Congressman GARAMENDI, I am the would win. In the good times, about 25 affected brain tissue after a concussion Congressperson from Montgomery percent of those grants will be funded has not been widely well understood. A County, Frederick County, and Carroll by NIH when there is robust funding. study by NIH researchers provided in- County, Maryland, the 8th Congres- Seventy-five percent of them are sight into the damage caused by mild sional District, which includes the turned down. That is how selective it traumatic brain injuries and suggested NIH, the National Institutes of Health; is. approaches for reducing its harmful ef- so I have the great fortune and honor Unfortunately, now we are looking at fects. and responsibility of representing 7 to 10 percent funding. That means we It has even been reported that these thousands of people who work at NIH are not discovering a lot. We are also draconian cuts will slow research that and who live in Rockville and in the turning a lot of our young people off of could lead to new ways to prevent and neighborhood. So I see this as not just science. We can’t let that happen. treat cancer, the Nation’s number two a national treasure and resource, but Again, we could talk about this all killer, which claimed the lives of al- also a vibrant and vital part of my day, but I want to turn to my col- most 600,000 Americans just last year community that I represent. leagues. Again, I thank Mr. GARAMENDI and which, incidentally, claimed the I speak tonight not just as a politi- for setting up this discussion. lives of both of my parents. cian, but I speak also as someone who Mr. GARAMENDI. Mr. Speaker, let’s The evidence is overwhelming, and has—I guess what we call around move to the other side of the con- these are the facts. I just want to know here—a preexisting condition because tinent. Let’s talk about the view from when this President and his supporters when I was in the Maryland State sen- New Jersey. I yield to the gentlewoman here in Congress will set aside budget ate and as a professor of constitutional from New Jersey (Mrs. WATSON COLE- gimmicks and put Americans, our law at American University, I was MAN). health and our well-being, first. given a diagnosis in the year 2010 of Mrs. WATSON COLEMAN. Mr. Mr. GARAMENDI. Mr. Speaker, the colon cancer. Speaker, I thank Mr. GARAMENDI for gentlewoman from New Jersey pointed sponsoring this moment that we can out a very important thing here, and b 1845 speak about such important issues. that is: When will we get real about I learned something very interesting In a budget proposal purported to this? going through the experience about the ‘‘make America great again,’’ Presi- It is my understanding that many of difference between misfortune and in- dent Trump has put forth a request to these budget cuts, the National Insti- justice. Because if you have a job that

VerDate Sep 11 2014 02:27 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K28MR7.075 H28MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 28, 2017 CONGRESSIONAL RECORD — HOUSE H2509 you love and a family that you love We need a cure, which is why the search into all of the other killer dis- and constituents that you love and it is good people at the Alzheimer’s Associa- eases that are afflicting our people. a beautiful day and you are told that tion are asking Congress to support a Mr. Speaker, I thank Mr. GARAMENDI you have got stage III colon cancer, $414 million increase in the research for making me part of this Special that is a misfortune. It can happen to budget at NIH for Alzheimer’s in FY Order hour. anybody—liberal, conservative, Demo- 2018. But President Trump has pro- Mr. GARAMENDI. Mr. Speaker, I crat, Republican, Independent, old, posed a $5.8 billion cut to the NIH, thank Mr. RASKIN so very much. And, young, every race, every ethnicity. It which is a 19 percent reduction in the indeed, the National Institutes of can happen to anybody. It is a misfor- NIH budget. Health has a stellar representative, as tune. Why? do the American people, and certainly At the time, I was the floor leader in Well, it is very hard to know. It is the people of Maryland. Maryland on marriage equality legisla- part of a proposal to slash $60 billion in As he told his own personal story of tion, and it struck me that the misfor- science research, environmental pro- one of the dreaded diseases, I am de- tune can happen to anybody. But if you tection, housing, the human needs lighted to see him stand here in such can’t get health insurance because you budget, and to shift it into the Pen- good health. Apparently, he has recov- love the wrong person or because you tagon. Now, that is at a time, Mr. ered completely from that. are unemployed or because you are too GARAMENDI, when a committee I serve I suspect that recovery was, at least poor, that is not just a misfortune. on, Oversight and Government Reform, in part, due to, first, his good health at That is an injustice because we, as a just had hearings where Democrats and the outset, but also to the research society, can do something about that. Republicans, alike, were outraged to that was done in the preceding years So when we think about Alzheimer’s learn that $125 billion in waste, fraud, through the National Institutes of disease or cystic fibrosis or lung cancer abuse, and contractor overruns is hap- Health on cancer research. We have or diabetes 1 or 2, in a democratic soci- pening right now in the Pentagon. seen the decline in cancer deaths as a ety, our obligation is not to compound We could save $125 billion just by result of that research. What we would the misfortunes of life with govern- taking seriously the problems in con- like to do is to deal with this Alz- mental injustice; our job is to try to tracting and fraud and abuse that is heimer’s. reduce misfortune because we are all taking place with the beltway bandits. I want to take a moment just to talk citizens together. But instead of going after that corrup- about where we are. We had a huge de- So that is why I am so proud to rep- tion and waste, they want to take $60 bate last week on repealing the Afford- resent NIH because, as has been said billion out of the human needs budget able Care Act and what it would mean very eloquently by a number of speak- and shift it over to the Pentagon. to Americans, and a lot of that debate ers tonight, the NIH is in the forefront Well, that is going to have a disas- centered around the cost of medical of defending our population against trous effect on our ability to make services. Tragically, one of the ways disease and serious illness. progress. That is the point I think you that the proponents of repealing the So let’s talk about Alzheimer’s for a are making tonight, Congressman Affordable Care Act would save money little bit. More than 5 million Americans are GARAMENDI. You are saying that, when is to reduce the Medicaid program in living today with Alzheimer’s disease. we invest in basic research on the dis- different ways, but the end result was That is about the population of my eases, we make progress. to reduce the Medicaid program. Look what we have done with AIDS. State—everybody in Maryland, from Sixty percent of the Medicaid pro- Baltimore to Rockville, to Silver It is amazing. Look what is happening gram is for people in long-term care fa- Spring, to Bethesda, to Chevy Chase, to with cystic fibrosis. We are making cilities. A good percentage of those, Middletown and Frederick County, to real progress because we are investing. probably the majority of those, with Sykesville, all over Carroll County, We have got to not cut back on any of some sort of dementia or Alzheimer’s. from the eastern shore to western the research that is taking place. We What we need to do is to address this Maryland, millions of people. That is have got to double down and invest, issue straightforward. how many people across the land are and we really need to do that with Alz- I will tell my own story. suffering from Alzheimer’s disease. And heimer’s. My mother-in-law lived the last 3 it is a number that is rapidly increas- So this move to slash the human years of her life in our home. We were ing. It could be as high as 16 million needs budget, the medical research in a position where we were able to people by 2050 is what the experts at budget, and put it in the Pentagon is take care of her, so she didn’t go to a NIH are telling us. an assault on science, on medicine, and long-term care facility. Nonetheless, it Since 2000, deaths from Alzheimer’s on the health care of our people. These was one of the obligations that we felt have increased a startling 89 percent. are our people whose lives are at stake we had, and many, many other Ameri- You have shown us what the graphs that we are talking about. These are cans share that obligation. are, Mr. GARAMENDI. One in three sen- our families that are suffering the sav- This is 2015. The number $2.026 billion ior citizens today dies from Alz- age repercussions of Alzheimer’s dis- came up during the discussion that we heimer’s or another form of dementia. ease. It is a terrible infliction on the had. That is what we spent in 2016. For victims of this disease, it is demor- land. Some of that was spent by other alizing, devastating, debilitating, and So I think that the idea of slashing $6 payors. That would be insurance com- draining for the whole family. billion from research for serious dis- panies. Some was spent by family. In Maryland, Alzheimer’s affects eases like Alzheimer’s, like the doomed Medicare and Medicaid spent the great 100,000 people, and it costs us around $1 repeal-and-replace legislation that majority. billion in Medicaid dollars every year. crashed and burned on Friday of last As we go through the years, in 2020, In 2017, it is estimated that, across week, is totally counterproductive and we expect to spend $267 billion. And the country, we will spend $259 billion destructive of the true needs and prior- again, Medicare and Medicaid make up caring for people with Alzheimer’s and ities of our people. the great majority of it. As we move other kinds of dementia, with $175 bil- We spend more money on the mili- through time, we will see that there lion being borne by Medicare and Med- tary than the next five or six countries will be greater and greater expenses, icaid, alone. This means nearly one out combined, and the Pentagon is swim- rising year by year, so that in the year of every five Medicare dollars is spent ming in a deep pool of waste, fraud, 2050, which is not that far away—that on Alzheimer’s. abuse, and contractor overruns today. is one generation away—we will be So we have got to move quickly and Let’s focus on helping our own people spending over $1 trillion, and Medicare effectively to address the crisis and to right now, the way mature democracies and Medicaid will, throughout this en- solve the puzzle of Alzheimer’s disease; do, not enriching beltway bandits and tire period, be the single largest source otherwise, these costs are going to con- plutocrats and insiders the way that of money to pay for Alzheimer’s. tinue to grow even more sharply, and authoritarian governments do. The So, if we want to reduce the cost of Alzheimer’s could overwhelm our question of Alzheimer’s is an urgent premiums, if we want to reduce the healthcare system. question for our time, just like the re- cost of government, if we want to deal

VerDate Sep 11 2014 02:27 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K28MR7.078 H28MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2510 CONGRESSIONAL RECORD — HOUSE March 28, 2017 with the quality of life of Americans, I can talk to you about a wall. I rep- the 7th Special Forces Group, located then we have to get to this research be- resent 180,000 people just downstream in my district, tragically lost his life in cause there is hope. Alzheimer’s is not from the Oroville Dam, and I have got support of Operation Freedom’s Sen- a hopeless disease. It is not a disease a 30-foot wall that needs to be repaired. tinel. for which there is no cure. It is a dis- We are talking about imminent danger, Sergeant First Class Boniface was 34 ease for which we have not spent and the rainy season is not over in years old—my age—but he lived a life- money on finding the cure. California. time marked by full service. Sergeant If we can delay by a year, we will Or, another $5.6 billion for the mili- First Class Boniface entered the Army save tens of billions of dollars of tax- tary for programs that nobody has told in March 2006. After infantry basic payer money in care that has been us yet should be funded. training and advanced individual train- pushed off into the future. And the ing at Fort Benning, Georgia, he at- b 1900 quality of life for the individual that tended airborne school before being as- has one more year of quality of life We are going to make choices here. signed to the Special Warfare Center ahead of them is enormous and invalu- The President has made his choice. He and School. Sergeant First Class Boni- able. has shown what is of value in his mind. face completed the Special Forces Here is just a way of depicting the I challenge that value. I challenge Qualification Course earning his green backward nature of how we are dealing that value statement. I will tell you beret in 2010. He was assigned then to with the research for Alzheimer’s. This what is important. What is important the 7th Special Forces Group. was originally the 2015. We have been are those millions of Americans who Sergeant First Class Boniface’s at this a couple of years, and we have face Alzheimer’s in the days, the awards and decorations include: two seen progress. months, and the years ahead. I am Bronze Star Medals, the Army Com- In 2016, we spent $941 million, just looking to the generations that are 40 mendation Medal, two Army Good Con- under $1 billion, on Alzheimer’s re- and 50 years of age today who know, duct Medals, the National Defense search. At the same time, we spent $153 like my wife and I, they will be caring Service Medal, the Afghanistan Cam- billion in the care of Alzheimer’s in for their parents who are suffering paign Medal with two Campaign Stars, Medicare and Medicaid. It is Federal from dementia and Alzheimer’s. That the Global War on Terrorism Service taxpayer money. is a value that I think is important. Medal, three Noncommissioned Officer Look, $1 billion, less than $1 billion Mr. COHEN spoke to the real enemy. Professional Development Ribbons, the in research, $153 billion in out-of-pock- Is the real enemy somewhere out there Army Service Ribbon, the NATO et expense caring for these individuals around the world, or is the real enemy Medal, the Special Forces Tab, the that have come down with Alzheimer’s. the disease that will take us down—in Combat Infantryman Badge, the Spe- A pretty neat equation here, isn’t it? his case, childhood polio? cial Forces Combat Diver Badge, and If we were to ramp that up, as we We are going to make choices here, would like to see, from $941 million to the Parachutist Badge. very important choices to the everyday $1.4 billion, the researchers all across Mr. Speaker, there are no words that lives of Americans. My choice is to in- this country—some in San Diego, as we I, this body of Congress, or the Nation crease, to increase the budget, the ap- can say that might ease the bereave- heard from Mr. SCOTT PETERS; others propriation for the National Institutes in New Jersey, as we heard from Mrs. ment of the Boniface family. All I can of Health so that the $35 billion that say is that on behalf of a humble and WATSON COLEMAN; or in other parts of the scientists—who have already done California, Boston, wherever. If we grateful nation, we thank them for the the peer review on all types of diseases, were to ramp that up by an additional love, counsel, and support given to ranging from Zika, to cancer, and HIV, $500 million, the researchers believe Robert during his life, which helped and Alzheimer’s—say are worthy re- that they will untangle the tangles in make him a hero, both in uniform and the brain that lead to Alzheimer’s and search projects that should be funded. as a father. understand what is going on and, from I reject the value that the President His life stands as a testament that that point, be able to find a path to- has said to strip $5.6 billion out of the freedom is not free. His legacy will wards a solution. National Institutes of Health and echo in time as an example of the ulti- It is not hopeless. We have seen transfer it for a wall on the Mexican mate sacrifice for all free people. I pray progress. We have seen research that border or for some spending in the that God will be with Robert’s wife, was done a decade ago. The analysis in- military—some unspecified spending. Rebekah; his daughter, Mia; and all of dicated that it really didn’t work too These are choices. their family and friends during this well when they came up with a solu- I know where, in my mind, the choice time of great mourning. tion. Another researcher, 7 or 8 years should be, and I reject the choice that Mr. Speaker, may God continue to later, went back to that very research, has been made by our President. bless the United States of America. looked at the statistical analysis, and And with that, Mr. Speaker, I yield Mr. GOHMERT. Mr. Speaker, I cer- noticed that, for those who had early back the balance of my time. tainly thank my friend from Florida onset, that particular treatment mo- f for such a compelling tribute to a great dality had an enormous effect, not on American hero. RESTRUCTURING HEALTH CARE IN Mr. Speaker, at this time, I yield to those that were in later Alzheimer’s AMERICA but those who were in early onset. my friend, the gentleman from Ohio Whoa. What does that mean? The SPEAKER pro tempore (Mr. (Mr. DAVIDSON). That means that there is a path. TAYLOR). Under the Speaker’s an- WELFARE BRAC ACT That means that there is an avenue to- nounced policy of January 3, 2017, the Mr. DAVIDSON. Mr. Speaker, it is an wards a solution. However, this Con- gentleman from Texas (Mr. GOHMERT) honor to address this body, and I rise gress, the 435 of us who will be here is recognized for 60 minutes as the des- today to talk about H.R. 1469, the Wel- voting on the appropriations to fund ignee of the majority leader. fare BRAC Act. the Federal Government, to fund the Mr. GOHMERT. Mr. Speaker, at this Before going into the specifics of the military, to fund the highways, to fund time, I yield to my friend, the gen- bill, I would like to talk for a little bit the National Institutes of Health, will tleman from Florida (Mr. GAETZ). about how we have arrived at a point of be given a choice. We will have a HONORING THE DEDICATED SERVICE AND SELF- needing such a fundamental restruc- choice. Do we increase the funding for LESS SACRIFICE OF SERGEANT FIRST CLASS turing of our Nation’s antipoverty pro- the National Institutes of Health and ROBERT R. BONIFACE grams. Alzheimer’s research, or do we fund a Mr. GAETZ. Mr. Speaker, I thank the In 2015, the Federal Government wall on the Mexican border to the tune gentleman from Texas for yielding. spent $843 billion on welfare programs, of $20 billion? Mr. Speaker, it is with both profound means-tested welfare programs. By We just received that supplemental sadness and deep gratitude that I rise some estimates, we have spent more appropriation request from the admin- to pay tribute to a fallen decorated than $22 trillion on antipoverty pro- istration today to spend $20 billion on American hero. On March 19, 2017, Ser- grams over the past 50 years. Today, we a wall. geant First Class Robert R. Boniface of have some 92 antipoverty programs run

VerDate Sep 11 2014 02:27 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K28MR7.079 H28MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 28, 2017 CONGRESSIONAL RECORD — HOUSE H2511 by the Federal Government, all sup- was to not just treat the symptoms but ‘‘B.’’ And I know President Obama as- posedly with the same goal: to allevi- to find a cure and, if possible, to pre- sured seniors: look, seniors, you know, ate poverty. vent poverty all together. you are not going to have to worry This chart to my left highlights So perhaps if we had a more focused about this $716 billion in cuts to Medi- those programs. If you look: 5, cash effort, perhaps if we all focused on the care. You won’t be able to tell the dif- aid; 25, education and training; 2, for cause, instead of the programs, we ference. This is only going to affect the energy; 17, for food aid, and on goes the could see results. Some of these pro- doctors, the healthcare providers. list. grams are clearly more effective than What seniors have noticed who I have So how did we come here? Well, as others at helping people get out of pov- talked to around Texas and in other Ronald Reagan said: ‘‘Government pro- erty, yet the reality is, Americans have places in the country, they have no- grams, once launched, never disappear. seen roughly the same percentage of ticed that when Medicare doesn’t pay Actually, a government bureau is the their fellow Americans in poverty for their doctor, doesn’t pay for tests that nearest thing to eternal life we’ll ever the entire war on poverty. are needed, and doesn’t pay for medica- see on this Earth.’’ So if we look at these programs tion that they specifically need then it Why is that true? Well, it is true be- under the same three goals—employ- does affect them personally. cause touching some of these programs ment, marriage, and education—per- b 1915 is very polarizing. So when you touch haps we can find things that are effec- them, they all have a constituency. tive that lift people out, really, at the The bill that we took up, that didn’t And the reality is, if the 15th food aid end of the day, giving as many people get passed on Friday, that we didn’t program worked well, then the 16th as possible the dignity of work and a vote on, there was nothing that was wouldn’t be launched. So if you want path to escape poverty into a better fu- going to help those on Medicare. There to address a new problem, well, then ture. is apparently some difference of opin- you launch the 17th food aid program. In fact, this path is very compatible ion, but it appeared to many that some What doesn’t happen over the time is with the Better Way agenda that we of us trusted that people between the finding a way to get those programs to have laid out for poverty for the years. ages of 50 to 64 were going to get ham- work together to be a coherent whole. It is not focused on dollars. It is fo- mered. So the solution, really in a lot of ways, cused on efficiency. Later in the year, I am very encouraged to have seen is bipartisan. The Brookings Institu- we are seeking to provide off ramps so Speaker RYAN, Majority Leader tion is rarely an ally to conservatives, that you don’t find a trap in the ‘‘Bet- MCCARTHY, Whip STEVE SCALISE, and and the Heritage Foundation is rarely ter Way.’’ You don’t find a trap—if you our Deputy Whip PATRICK MCHENRY in- an ally to the left. Yet they would both get a raise, you lose your housing, or if credibly busy today talking to Repub- agree that employment, healthy mar- you take that next job, or you get mar- lican Members around the House about riages, and education alleviate poverty. ried, you lose your education benefits, how we can get to a bill that will get In fact, many of our programs, when things that would provide an on-ramp 218—actually we need 216 right now—so we look at these listed, seek to address and an off-ramp for this system. that we can send it down the hall to those needs. There are 92 programs. So that is part of the agenda for the the Senate. Maslow, in the hierarchy of needs, just year for the House. I think this is very Mr. Speaker, I am encouraged, and I addressed 5, and we have 92. compatible with it. I am seeking co- hope others are, that we are not done. I think about the young social work- sponsors. I am seeking support for this We had indications that the Senate was er who wants to help someone who bill, and it truly is with a spirit of em- not going to take up the bill—even if comes into the office and perhaps each bracing the common American value of we passed it on Friday, they were not of these programs has a 4-inch binder— providing a safety net for their fellow going to take it up until sometime in a 4-inch thick binder, 92 of them. That Americans, but they want it to be ef- May. So we have time to address this is a pretty big bookshelf. What if she fective. issue and come together on a bill that only had to know 20 programs? What if So this is not about the cause. The would pass. there were only 20 binders? What if cause is good, and fewer programs lets Once again, a reference was made, there were only 5? What if there were it be more focused and, hopefully, get a Mr. Speaker—and it is so often that 10? good result. this event is referenced by Republicans I don’t know whether the right num- Mr. Speaker, I urge my colleagues to when they get frustrated as to why we ber is a dozen or 20, but I don’t think it support this. ended up with a bill that would require is 92. So what is the solution? Well, I Mr. GOHMERT. Mr. Speaker, it has so many Republican arms to be twist- have a bipartisan solution that looks been an interesting few weeks here in ed, that would endanger Republican back to the history. Washington, and we are not done with seats to have to vote for it. People ref- So in the Cold War, we had a very healthcare legislation. There has been erenced back to this. large Army, and, as we scaled down, it a lot of talk about that, but, Mr. Remember some years back, some was very politically sensitive to try to Speaker, I would like to say, I have summers back—and I believe, actually, deal with the problems of scaling down. been encouraged as today has worn on. that was the last week of July of 2014, Each base, each installation, had its We had a tough family meeting this as I recall—in which Speaker Boehner own constituency, and so we created morning together as Republicans, but, had told us that he had cobbled to- BRAC, the Base Closure and Realign- to me, what I felt was coming out of it gether a bill that embraced 10 prin- ment Commission. And the goal there in the end—disagreement on some im- ciples that every Republican in the was to have a quantitative set of objec- portant issues but agreement among House had agreed to. Some of them tives and to have a commission that Republicans that people are hurting seemed a bit esoteric to me, but we was bipartisan that gave Congress a under ObamaCare. agreed to them all. And we kept being straight up-or-down vote. That worked, People need relief from the high pre- told this is going to be a bill that em- by and large, and we were able to scale miums, the high deductibles. So many braces all the principles that all of us down the military in a way that let the people not only lost their doctor, lost have agreed to. military focus on its mission. their health insurance policy, but they So when the bill was finally filed on So what I propose with H.R. 1469, the can’t afford—they tell us—to go to the Tuesday evening, with Speaker Boeh- Welfare Benefit Realignment Commis- doctors. We talked to constituents be- ner having announced we were going to sion, is a four-Republican, four-Demo- cause they would have to get to several vote on it Thursday morning, for the crat commission, totally neutral. It thousand dollars before the insurance first time, we got a look at the bill we also does not seek to take away a dime portion would kick in. were going to be voting on. By the time of spending in it. It seeks to reduce the People are hurting across the coun- Thursday morning came rolling number of programs so that the result try, and, of course, we know that, with- around, there had been so much infor- is more focused. out a single Republican vote, mation that came out—not opinion, When Lyndon Johnson launched his ObamaCare was passed, which cut but actually verbiage from the bill. It war on poverty, he said that the goal Medicare by $716 billion dollars, with a seems like it was around 60 pages, 70

VerDate Sep 11 2014 02:27 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K28MR7.080 H28MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2512 CONGRESSIONAL RECORD — HOUSE March 28, 2017 pages, somewhere around there—but you like your doctor and you need But Republicans never intended to do people were able to see for themselves something done, it gets done imme- so. That’s why we heard all these what was there. There was so much diately. That is what made America’s phony excuses about process limita- commotion made about it that, by medical care so attractive to other tions. Now that they are proven false, Thursday morning, much like Friday, countries around the world. Cornyn is at least being honest by say- Republicans made clear to our leader- I have visited in Middle Eastern and ing they will repeal it when Democrats ship—at that time Speaker Boehner— north African countries where the help them. When hell freezes over . . .’’ that they couldn’t vote for it; that it wealthy would say: If I needed surgery And the article goes on. didn’t embody the 10 principles that we done, I’d fly to the United States. Un- Mr. Speaker, what Leader MCCON- had all embraced. fortunately, I have heard more than NELL and Senator CORNYN are talking I was so proud of my Republican Con- once that: Yeah, and the great thing about, I think they must have been dis- ference that Thursday because particu- was that I flew back and never had to couraged when the House didn’t pass a larly a number of young Members, pay for it. bill that would come their way. But newer Members, got up in our emer- Well, somebody paid for that, that is good news for Leader MCCONNELL and gency conference that they asked for. for sure. Senator CORNYN, we are not done. Peo- Speaker Boehner said: Well, I guess we It is important that we fix our ple are hurting, and we are going to just go on home and have the August healthcare system as best we can. I come together on a bill. recess. have an article from Conservative Re- For those who attempted to say that Numerous Members said: No; let’s view that came out today from Daniel those in the Freedom Caucus kept have an emergency conference. Let’s Horowitz. I don’t agree with everything moving the goalposts, I know that was talk about this. We need to do some- in the article; but Daniel Horowitz, as not said maliciously, but it was said. thing. We need to pass a good bill. usual, is quite thought-provoking. Anyone who said that was speaking So people got up and they pointed He says: ‘‘Earlier today, a couple of just out of ignorance of what actually out, like in a good family: Look, we Republican officials, in a refreshing was the case. have got differences, but we can reach display of honesty, admitted what we Anybody that bothers to actually agreement on this. have known all along: They don’t want check and get the facts will find that, And there were probably 20 or so of to repeal ObamaCare. Even Senate Ma- as many problems as people in the us in a room for 21⁄2 hours or so, and we jority Leader MITCH MCCONNELL, Re- Freedom Caucus—and I am probably compromised, and we got a bill that we publican from Kentucky, admitted the newest member, I guess—had with could all vote on. there won’t be another attempt. this bill, we were doing what we could Unfortunately, at that time, there ‘‘He’s certainly come a long way to reach a compromise that would give was a Democratic majority in the Sen- from his 2014 campaign promise to re- enough help, enough relief to Ameri- ate, and we didn’t get our bill passed peal ObamaCare ‘root and branch’ and cans who are desperate for that help through the Senate, but we showed his 2013 CPAC speech in which he said and that relief that we could hold our that it could be done. ‘anybody who thinks we’ve moved be- nose and vote for it. Once again, after Friday’s problems, yond it is dead wrong.’ There were all kinds of issues in that there are Members that are saying: Re- ‘‘As we explained yesterday, the com- bill that create problems. For one member when we did that, where we promise solution for repealing the core thing, I would have thought a good just got people in a room and we of ObamaCare, but not quite all of it, is amendment that would easily be ac- agreed? already on the table, and PAUL RYAN, cepted would be that, since this creates Mr. Speaker, I do believe, knowing so Republican from Wisconsin, has al- a new entitlement program, a tax cred- many of the Tuesday Group so well— ready agreed to and campaigned on it. it program where you actually can get they are good people—and the number Why aren’t they doing it? Because they more money back—like a child tax one concern they have is their con- don’t want to repeal ObamaCare and credit, where we have so many people stituents and the things they are hear- never intended to.’’ who are actually illegally in the coun- ing from their constituents because That is the part I do disagree with. try, claiming children, as there have they ran and they got elected to help I know we have all said this, but it been reports—and, of course, not every- people. was in Speaker Boehner’s pledge that body cheats on this. But there are nu- Everybody that I hear from on our he and his leadership colleagues cob- merous examples of stories around the side understands people have got to bled together back in 2010 and it was in country of people claiming to have have help because ObamaCare is cre- the Better Way that Speaker RYAN and children—mass numbers, dozens of ating so many problems. I am hearing his leadership colleagues cobbled to- them in the same house, and we don’t from many seniors, and it seems to be gether last fall that we have got to re- know if they are in the country, we as a result of all of the $700-plus billion peal ObamaCare. We can’t get down to don’t know if they are in another coun- that Obama cut from Medicare. this rationed care system where we are try, we don’t know if they exist—and Whereas, 7 or 8 years ago, even 6 currently headed. people getting more and more money years ago, before ObamaCare really This says: ‘‘As early as 2014, the back. started being implemented, if they Chamber of Commerce made it clear I had a senior citizen from Tyler tell- needed surgery, if they needed some- that their official position was to fix, ing me she is no longer working for thing, under Medicare, the doctors im- not repeal ObamaCare. Money talks, H&R Block, that she used to during tax mediately took care of it. If it was everything else from there walks. season. But it just grated on her so medication, if it was a treatment, if it ‘‘The sentiment was evident today much that it created tension headaches was surgery, whatever, they took care when Senator JOHN CORNYN, Repub- and she couldn’t sleep during tax sea- of it. lican from Texas, the Senate majority son because she had so many people I am hearing more and more east whip, said that they will no longer pur- who did not have a Social Security Texans who are on Medicare tell me: sue repeal of ObamaCare through budg- number. But they got a tax number, Now, doctors are telling me they can’t et reconciliation and that ‘it needs to and she would fill out the returns for schedule it this week or next week like be done on a bipartisan basis, and so them. Invariably, each would pull out a they used to because of ObamaCare; we’re happy to work on it with Demo- sheet of paper and would say: Don’t I that the only way they can make ends crats if we can find any who are willing get this? meet and still stay in business, they to do so.’ And it was the income tax credit— need to schedule it a couple of months ‘‘There you have it, folks. They know child earned credit. down the road. darn well there are no Democrats who She would fill it out, as they re- Many of us on the Republican side will ever have incentive to work with quested. And, invariably, they would were pointing out, when ObamaCare them to repeal ObamaCare. They have get much more money back than they passed, that what this leads to is a always known that this had to be done paid in. So it was a way of redistrib- form of rationed care. Whereas, right unilaterally either through reconcili- uting—it is not wealth, because the now, if you have good insurance and ation or by blowing up the filibuster. people that are in east Texas paying

VerDate Sep 11 2014 02:27 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K28MR7.082 H28MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 28, 2017 CONGRESSIONAL RECORD — HOUSE H2513 those taxes, they are not wealthy. moving, already, toward the percent- ing around with a new President who They are struggling to get by. That is ages of recovery that England had that knows how to get things going, but if why they can’t afford the high were not as good as ours. But I would you are still at home when you are 50, deductibles that ObamaCare has driven just as soon not lose one out of five I don’t have a problem. If you are still them to. women who have breast cancer, which living with your parents, then you Here it looks like we are going to we were not losing in the U.S. and they ought to be able to have a family insur- have another program unless we get were losing in England. ance policy and be on it. So those were this amendment in there when we It was interesting. I didn’t realize, not problems. bring the bill back up. and I learned yesterday that, actually, I had a doctor friend back in east b 1930 that is why, in England, yes, they have Texas who said I was a purist. I like socialized medicine, but you can also him. He is a great guy. He apparently So I am hoping that that will be one pay for private care on top of the so- was a great surgeon. But I realized of the adjustments because we were cialized medicine because it just takes that, in his letter, he was speaking seeking to have something in there to forever to get the kind of treatment from a great deal of ignorance as he require you to be legally in this coun- that you need when you need it. So continued to point out things that sim- try before you could get more money people with any means in England, ply weren’t true, unless a purist is back from your income tax than you someone who says: Okay. Okay. I will paid in. It is a new form of welfare, just they have the socialized medicine that like some have found the tax credit to is so inefficient, that tax funds pay for vote for the bill, but you have got to be, where they get more back than so inefficiently, and you get as much give us something in the way of amend- they paid in. government as you do health care. But, ments to this bill that will help my So that is a concern, creating a new if you have money, then, on top of the constituents bring down the price. entitlement as we are about to go over massive taxes you pay, you can also, Now, see, to me, that is not a purist the $20 trillion mark in debt, that we then, pay for your own health care on because we were all willing to com- are coming up with a new way to go top of that. That is different from Can- promise in the Freedom Caucus. Actu- even deeper and quicker into further ada. ally, in communicating with President debt. But there were a number of issues But, look, the bottom line is we don’t Trump two different times, we thought here with the bill. need to continue down this route. So, we had an agreement. Then we would The thing that I kept hearing—and I again, I am encouraged we are going to hear back from our leadership: No. No. had telephone townhalls, Mr. Speaker, come together and we are going to You can’t do that. Either there is a with, really, tens of thousands of peo- work toward a remedy. problem with the Parliamentarian and ple that we reached out to in east It disturbed me that we heard from it puts the whole bill at risk, or, gee, Texas. The technology is so great, I people who sounded like they knew you are going to lose votes from some can ask questions and have them punch what they were talking about, that other group. a number for yes, no, and get results on rates are going to go up for a couple of But I still believe, as I did then, if we what people are thinking. It was feel- years, and we are hoping that maybe 3 would get the intermediaries out of the ings about ObamaCare and the need to years after the Republicans would lose way, that Republicans can come to- do something about it and the help the majority in the next election be- gether, Tuesday, more moderate group, that is needed and the losses of insur- cause people are so upset about their Freedom Caucus. We can get people to- ance they had before ObamaCare, prob- higher premiums that then it might gether like we did 3 years ago in July. lems they have had since ObamaCare. come down, premiums might come We can get together and work out a East Texans, my constituents, need down 10 percent. compromise. help. They want help. They want But the concern to me is not about Now, to me, someone who agrees ObamaCare repealed, and they want a losing the majority. It is about losing twice to a compromise that really system back where they can choose Americans unnecessarily if we don’t fix bothers them is not the purist that I their doctor, they have a relationship this disastrous ObamaCare that is cost- would expect, but then again, I guess it with their doctor, and they don’t have ing seniors. It is costing 50- to 64-year- depends on your own personhood as to an insurance company between them olds. It is costing young people money what you think is pure and what you and their doctor or their hospital tell- that they shouldn’t have to spend in think is not. ing them what they can or can’t have. the way that they are being required. So, anyway, I appreciate very much, And they don’t want the government in So some say we were moving the Mr. Speaker, the former Speaker, Newt between them and their healthcare pro- goalposts as the House Freedom Cau- Gingrich, pointing out yesterday that vider telling them what they can or cus, but, actually, from the beginning, it is a good thing that this bill did not cannot have. we did indicate we would like to re- pass on Friday because we know, as The health savings accounts that Re- move what experts are telling us in Speaker Gingrich pointed out, in 1994, publicans believe strongly could get us title I would dramatically bring down Democrats lost the majority in this off this final road to complete rationed the cost of premiums very quickly— room because they tried to push care, socialized medicine, like they very quickly. through HillaryCare. We know that in have in England—it was a pleasure to But we had agreed. Heck, we agreed 2010, Democrats lost the majority in talk to the sister of a member of Par- with the Democrats, before they this room because they had pushed liament from England. I have been in pushed through ObamaCare, let’s work through ObamaCare against the major- his home in England; he has been in my on a law together, bipartisan, that will ity will of the American people. home in Tyler, Texas, just a great MP. make sure that insurance companies As former Speaker Gingrich pointed But talking about our systems, and I can’t play games over preexisting con- out, if we had rammed through this bill pointed out, I have a wife, I have got ditions because it has resulted in un- and, for example, people didn’t see pre- three adult daughters, and so I am kind fairness and, at times, I can say as a miums come down before the next elec- of sensitive to being pushed into a sys- former judge, actually, fraud. Let’s tion, we would justifiably lose the ma- tem like England has, no offense to work on that one. jority in this House, and there are those in England. But when we saw the Then I think there was fairly uni- some good people that are serving here numbers back during the ObamaCare versal agreement on both sides of the that should not be defeated. They are debate that indicated a 19 percent high- aisle here that, if you are 26, you are doing the best they can. er survivability rate from the same still living with your parents, then you But we can do better than where the point of breast cancer being discovered, ought to be able to be on their health bill stood on Friday, and I am very well, that is one out of five are dying in insurance. From my standpoint, I grateful to Speaker RYAN, to leader England unnecessarily, or at least back didn’t even care. I didn’t think we ac- MCCARTHY, our whip, for working so there when we got those numbers. I am tually even needed an age, a cutoff age. hard today, reaching out, seeing them not sure what the numbers are now. If you are 50 and you are still living all over the place trying to work, talk- It may be that ObamaCare has cre- with your parents, which we hope will ing with different ones of us. It is real- ated more problems and now we are soon be remedied by an economy turn- ly encouraging, and I would hope, in

VerDate Sep 11 2014 02:27 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K28MR7.083 H28MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2514 CONGRESSIONAL RECORD — HOUSE March 28, 2017 the future, that we will start those have an incidental effect on the budget. Speaker’s table and, under the rule, re- things, we will—yes, we appreciate all It has got to have a material effect; ferred as follows: the listening sessions, but then, as hap- otherwise, it is considered extraneous. S.J. Res. 30. Joint Resolution providing for pened too often under Speaker Boeh- Well, I would hope, knowing my the reappointment of Steve Case as a citizen ner, somebody, we don’t even know friend, a former Member of the House regent of the Board of Regents of the Smith- who—there were a couple of things here, former Conference chair, now sonian Institution; to the Committee on Vice President, I would hope and cer- House Administration. that made me wonder: Who wrote this? S.J. Res. 35. Joint Resolution providing for Is this the insurance lobby? Where did tainly imagine if our friend, the Vice the appointment of Michael Govan as a cit- this come from? President, is in the presiding officer’s izen regent of the Board of Regents of the But bring the bill out and let us see chair in the Senate and a Democratic Smithsonian Institution; to the Committee it instead of telling every Republican: Senator stands up and says, ‘‘I make a on House Administration. It is going to go through committee; point of order because I believe this S.J. Res. 36. Joint Resolution providing for and Democrats are going to have a mil- violates the Byrd Rule, where the the appointment of Roger W. Ferguson as a House inserted a provision, you have to citizen regent of the Board of Regents of the lion amendments and we have got to Smithsonian Institution; to the Committee vote down every one of them; we don’t show that you are you lawfully in the on House Administration. want any Republican amendments; we U.S. in order to get the tax credit,’’ f are going to take it like it is. well, there may be people that are so Well, see, to some of us, that is not used to massive numbers here in Wash- ADJOURNMENT really regular order. Regular order is a ington that they would say, well, those Mr. GOHMERT. Mr. Speaker, I move chance to have amendments, and espe- millions or tens or hundreds of mil- that the House do now adjourn. cially from people in the majority who lions, that may not be material, that The motion was agreed to; accord- see real problems with the bill. may be only incidental. ingly (at 7 o’clock and 47 minutes So we can do that, and I look forward b 1945 p.m.), under its previous order, the to doing that. And since we knew the House adjourned until tomorrow, I hope my friend, my Vice President, Senate wasn’t going to take it up until Wednesday, March 29, 2017, at 10 a.m. would understand that, to Americans, May sometime anyway, we have got for morning-hour debate. the kind of money we would be talking time to do that. f Mr. Speaker, I hope you felt the same about is hard-earned and it is material as I did hearing all across our Con- to the budget. So what happens if the EXECUTIVE COMMUNICATIONS, ference, people saying, look, this is im- Vice President then rules—who is the ETC. portant enough. We are going to have President of the Senate—well, your Under clause 2 of rule XIV, executive time where we go back to our districts point of order is overruled, it is not ap- communications were taken from the between now and the middle of May propriate, it doesn’t violate the Byrd Speaker’s table and referred as follows: rule. Well, then that same Democrat or when the Senate might take this bill 918. A letter from the Director, Regulatory up. another could jump up and say: I ap- Management Division, Environmental Pro- Let’s make sure we don’t go on re- peal the ruling of the char. tection Agency, transmitting the Agency’s cess, go back to our districts to have Then what happens? final rule — Approval of Missouri’s Air Qual- Normally, a Republican would stand people scream at us because we hadn’t ity Implementation Plans; Open Burning Re- and move to table the appeal of the rul- quirements [EPA-R07-OAR-2016-0470; FRL- passed something. Let’s stay here, and ing of the Chair. And then there are far 9958-72-Region 7] received March 24, 2017, pur- let’s get it done like we did 3 years ago more than enough Republicans to vote suant to 5 U.S.C. 801(a)(1)(A); Public Law 104- on the border security bill. to table the appeal of the ruling of the 121, Sec. 251; (110 Stat. 868); to the Committee But we have got a lot of work to do. on Energy and Commerce. There are serious problems with the Chair, which means the ruling stands, 919. A letter from the Director, Regulatory bill. But we also now know, despite nothing is fatal, and we get closer to a Management Division, Environmental Pro- what some have represented, that, gee, repeal of ObamaCare. Even more im- tection Agency, transmitting the Agency’s final rule — State of Iowa; Approval and Pro- we can’t know what the Parliamentar- portant than that, we get closer to giv- ing our constituents the help they real- mulgation of the Title V Operating Permits ians would say or recommend. It is Program, the State Implementation Plan, great to know that the Parliamen- ly need. So it has been a long few weeks. It and 112(1) Plan [EPA-R07-OAR-2016-0453; FRL tarian in the Senate, actually, Assist- was a very long conference, but I am 9957-84-Region 7] received March 24, 2017, pur- ant Parliamentarians work a great suant to 5 U.S.C. 801(a)(1)(A); Public Law 104- encouraged, Mr. Speaker. I hope that deal like our splendid Parliamentarian 121, Sec. 251; (110 Stat. 868); to the Committee Americans end up encouraged. I am here. on Energy and Commerce. If you are getting ready to file a bill glad the bill didn’t pass on Friday just 920. A letter from the Secretary, Depart- ment of the Treasury, transmitting a six- or if you are thinking about an amend- as I was 3 years ago when the original de facto amnesty bill that Speaker month periodic report on the national emer- ment, you can actually go to any one gency with respect to persons who commit, of our Parliamentarian or assistants, Boehner tried to shove through. I think we can get to a good bill. I am looking threaten to commit, or support terrorism show them the language. They can’t that was declared in Executive Order 13224 of give an obligatory ruling, and they forward to seeing that happen and September 23, 2001, pursuant to 50 U.S.C. working with my friends here to get it generally tell us when they advise us: 1641(c); Public Law 94-412, Sec. 401(c); (90 done. This is what I think, how the rule Stat. 1257) and 50 U.S.C. 1703(c); Public Law Mr. Speaker, I yield back the balance would apply there, and you may want 95-223, Sec 204(c); (91 Stat. 1627); to the Com- of my time. mittee on Foreign Affairs. to tweak this or that. 921. A letter from the Acting Assistant f They always have the caveat: But re- Secretary for Legislative Affairs, Depart- member, I am the Parliamentarian. I LEAVE OF ABSENCE ment of State, transmitting the annual re- don’t rule on anything. All I would do, By unanimous consent, leave of ab- port pursuant to Sec. 2(9) of the Senate’s if I am allowed, or it is requested, I will Resolution of Advice and Consent to the sence was granted to: Treaty with the United Kingdom Concerning whisper in the ear of the presiding— Mr. MARINO (at the request of Mr. which, in the Senate, hopefully, would Defense Trade Cooperation (Treaty Doc. 110- MCCARTHY) for today and the balance 07); to the Committee on Foreign Affairs. be Vice President PENCE. of the week on account of a death in 922. A letter from the Acting Assistant And, gee, the Byrd Rule is not that the family. Secretary for Legislative Affairs, Depart- complicated. When you are under rec- Mr. RUSH (at the request of Ms. ment of State, transmitting the annual re- onciliation, it needs to be about the PELOSI) for March 27 through March 30 port pursuant to Sec. 2(8) of the Senate’s budget. So, if anything that is amended on account of a death in the family. Resolution of Advice and Consent to the Treaty with Australia Concerning Defense or added to or part of the bill will ma- f terially affect the budget, it survives Trade Cooperation (Treaty Doc. 110-10); to the Committee on Foreign Affairs. the Byrd Rule and it stays in. That is SENATE JOINT RESOLUTIONS REFERRED 923. A letter from the General Counsel, it. Government Accountability Office, trans- The word in the Byrd Rule is ‘‘inci- Joint resolutions of the Senate of the mitting the Office’s FY 2016 No FEAR Act re- dental.’’ It can’t be just incidental or following titles were taken from the port, pursuant to 5 U.S.C. 2301 note; Public

VerDate Sep 11 2014 02:27 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K28MR7.085 H28MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE March 28, 2017 CONGRESSIONAL RECORD — HOUSE H2515 Law 107-174, 203(a) (as amended by Public REPORTS OF COMMITTEES ON rates, and for other purposes; to the Com- Law 109-435, Sec. 604(f)); (120 Stat. 3242); to PUBLIC BILLS AND RESOLUTIONS mittee on Education and the Workforce. the Committee on Oversight and Govern- By Mr. BILIRAKIS: ment Reform. Under clause 2 of rule XIII, reports of H.R. 1749. A bill to direct the Secretary of 924. A letter from the Secretary and Chief committees were delivered to the Clerk Veterans Affairs to establish a pilot program Administrative Officer, Postal Regulatory for printing and reference to the proper for the provision of dental care to certain Commission, transmitting the Commission’s calendar, as follows: veterans, and for other purposes; to the Com- FY 2016 No FEAR Act report, pursuant to 5 Mr. NEWHOUSE. Committee on Rules. mittee on Veterans’ Affairs. U.S.C. 2301 note; Public Law 107-174, 203(a) House Resolution 233. Resolution providing By Mr. YOUNG of Iowa (for himself, (as amended by Public Law 109-435, Sec. for consideration of the bill (H.R. 1431) to Mr. LOEBSACK, Mr. KING of Iowa, Mr. 604(f)); (120 Stat. 3242); to the Committee on amend the Environmental Research, Devel- PETERSON, Mr. BLUM, and Mr. Oversight and Government Reform. opment, and Demonstration Authorization LAHOOD): 925. A letter from the Attorney-Advisor, Act of 1978 to provide for Scientific Advisory H.R. 1750. A bill to amend the Internal Rev- U.S. Coast Guard, Department of Homeland Board member qualifications, public partici- enue Code of 1986 to expand certain excep- Security, transmitting the Department’s pation, and for other purposes; (Rept. 115–64). tions to the private activity bond rules for temporary final rule — Safety Zone; Cooper Referred to the House Calendar. first-time farmers, and for other purposes; to River Bridge Run, Cooper River and Town f the Committee on Ways and Means. Creek Reaches, Charleston, SC [Docket No.: By Mr. MOONEY of West Virginia: USCG-2017-0021] (RIN: 1625-AA-08) received PUBLIC BILLS AND RESOLUTIONS H.R. 1751. A bill to impose sanctions in re- March 24, 2017, pursuant to 5 U.S.C. Under clause 2 of rule XII, public sponse to cyber intrusions by the Govern- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 ment of the Russian Federation and other Stat. 868); to the Committee on Transpor- bills and resolutions of the following titles were introduced and severally re- aggressive activities of the Russian Federa- tation and Infrastructure. tion, and for other purposes; to the Com- 926. A letter from the Attorney-Advisor, ferred, as follows: mittee on Foreign Affairs, and in addition to U.S. Coast Guard, Department of Homeland By Mr. JOHNSON of Georgia (for him- the Committees on the Judiciary, Financial Security, transmitting the Department’s self, Ms. SPEIER, Mr. DAVID SCOTT of Services, Oversight and Government Reform, temporary final rule — Safety Zone: Georgia, Ms. KELLY of Illinois, Mr. Armed Services, and Transportation and In- Eastport Breakwater Terminal, Eastport, BEYER, Mr. RASKIN, Ms. NORTON, Mr. frastructure, for a period to be subsequently Maine [USCG-2014-1037] (RIN: 1625-AA00) re- HASTINGS, Mr. CONNOLLY, and Mr. determined by the Speaker, in each case for ceived March 24, 2017, pursuant to 5 U.S.C. LEWIS of Georgia): consideration of such provisions as fall with- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 H.R. 1746. A bill to prohibit certain individ- in the jurisdiction of the committee con- Stat. 868); to the Committee on Transpor- uals from possessing a firearm in an airport, cerned. tation and Infrastructure. and for other purposes; to the Committee on By Mr. BRAT (for himself and Mr. 927. A letter from the Attorney-Advisor, Homeland Security, and in addition to the GAETZ): U.S. Coast Guard, Department of Homeland Committee on the Judiciary, for a period to H.R. 1752. A bill to prohibit mandatory or Security, transmitting the Department’s be subsequently determined by the Speaker, compulsory checkoff programs; to the Com- final rule — Anchorage Regulations: Special in each case for consideration of such provi- mittee on Agriculture. Anchorage Areas; Marina del Rey Harbor, sions as fall within the jurisdiction of the By Mr. BRAT (for himself and Ms. Marina del Rey, CA [Docket No.: USCG-2014- committee concerned. TITUS): 0142] (RIN: 1625-AA01) received March 24, By Mr. PALLONE (for himself and Mr. H.R. 1753. A bill to prohibit certain prac- 2017, pursuant to 5 U.S.C. 801(a)(1)(A); Public TONKO): tices relating to certain commodity pro- Law 104-121, Sec. 251; (110 Stat. 868); to the H.R. 1747. A bill to amend the Comprehen- motion programs, to require greater trans- Committee on Transportation and Infra- sive Environmental Response, Compensa- parency by those programs, and for other structure. tion, and Liability Act of 1980 to reauthorize purposes; to the Committee on Agriculture. 928. A letter from the Attorney-Advisor, and improve the Brownfields revitalization By Mr. LATTA (for himself and Mr. Office of Regulations and Administrative program, and for other purposes; to the Com- OLSON): Law, U.S. Coast Guard, Department of mittee on Energy and Commerce, and in ad- Homeland Security, transmitting the De- dition to the Committee on Transportation H.R. 1754. A bill to amend the Federal partment’s temporary final rule — Safety and Infrastructure, for a period to be subse- Trade Commission Act to clarify the scope of Zone; James River, Newport News, VA quently determined by the Speaker, in each the exception for common carriers; to the [Docket No.: USCG-2017-0051] (RIN: 1625- case for consideration of such provisions as Committee on Energy and Commerce, and in AA00) received March 24, 2017, pursuant to 5 fall within the jurisdiction of the committee addition to the Committee on the Judiciary, U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. concerned. for a period to be subsequently determined 251; (110 Stat. 868); to the Committee on By Mr. SCOTT of Virginia (for himself, by the Speaker, in each case for consider- ation of such provisions as fall within the ju- Transportation and Infrastructure. Ms. ADAMS, Ms. BASS, Ms. BONAMICI, risdiction of the committee concerned. 929. A letter from the Attorney-Advisor, Mr. BRADY of Pennsylvania, Mr. By Mr. BLUMENAUER: U.S. Coast Guard, Department of Homeland BROWN of Maryland, Ms. BROWNLEY of Security, transmitting the Department’s California, Ms. JUDY CHU of Cali- H.R. 1755. A bill to amend the Internal Rev- temporary final rule — Safety Zone, TICO fornia, Ms. CLARK of Massachusetts, enue Code of 1986 to clarify that products de- Warbird Air Show; Indian River, Titusville, Ms. CLARKE of New York, Mr. CLAY, rived from tar sands are crude oil for pur- FL [Docket No.: USCG-2017-0130] (RIN: 1625- Mr. CORREA, Mr. CUMMINGS, Mr. poses of the Federal excise tax on petroleum, AA00) received March 24, 2017, pursuant to 5 DANNY K. DAVIS of Illinois, Mrs. and for other purposes; to the Committee on U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. DAVIS of California, Mr. DESAULNIER, Ways and Means. 251; (110 Stat. 868); to the Committee on Ms. FUDGE, Mr. AL GREEN of Texas, By Mrs. COMSTOCK (for herself, Mr. Transportation and Infrastructure. Mr. GRIJALVA, Mr. GUTIE´ RREZ, Ms. WITTMAN, and Mr. GRIFFITH): 930. A letter from the Attorney-Advisor, JAYAPAL, Mr. JEFFRIES, Ms. KELLY of H.R. 1756. A bill to require the Secretary of Office of Regulations and Administrative Illinois, Mr. KIHUEN, Mr. LANGEVIN, the Interior to conduct offshore oil and gas Law, U.S. Coast Guard, Department of Mrs. LAWRENCE, Mr. LAWSON of Flor- Lease Sale 220 as soon as practicable, and for Homeland Security, transmitting the De- ida, Ms. LEE, Ms. MOORE, Mrs. other purposes; to the Committee on Natural partment’s final rule — Regulated Naviga- NAPOLITANO, Mr. NOLAN, Mr. NOR- Resources. tion Areas; Escorted Submarines Sector CROSS, Ms. NORTON, Mr. PAYNE, Mr. By Mr. DANNY K. DAVIS of Illinois Jacksonville Captain of the Port Zone POLIS, Ms. ROYBAL-ALLARD, Mr. (for himself, Ms. KELLY of Illinois, [Docket No.: USCG-2016-0032] (RIN: 1625- RUSH, Mr. RYAN of Ohio, Mr. SABLAN, and Mrs. BUSTOS): AA11) received March 24, 2017, pursuant to 5 Mr. SARBANES, Ms. SCHAKOWSKY, Mr. H.R. 1757. A bill to address the psycho- U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. DAVID SCOTT of Georgia, Mr. logical, developmental, social, and emotional 251; (110 Stat. 868); to the Committee on SERRANO, Ms. SEWELL of Alabama, needs of children, youth, and families who Transportation and Infrastructure. Ms. SHEA-PORTER, Mr. TAKANO, Mrs. have experienced trauma, and for other pur- 931. A letter from the Office Program Man- TORRES, Ms. WASSERMAN SCHULTZ, poses; to the Committee on Education and ager, Office of Regulations Policy and Man- Mrs. WATSON COLEMAN, Ms. WILSON of the Workforce, and in addition to the Com- agement, Office of the Secretary (00REG), Florida, Mr. MEEKS, Mr. SWALWELL of mittees on Energy and Commerce, Ways and Department of Veterans Affairs, transmit- California, and Ms. BLUNT ROCH- Means, and the Judiciary, for a period to be ting the Department’s final rule — Release ESTER): subsequently determined by the Speaker, in of VA Records Relating to HIV (RIN: 2900- H.R. 1748. A bill to provide at-risk and dis- each case for consideration of such provi- AP73) received March 24, 2017, pursuant to 5 connected youth with subsidized summer and sions as fall within the jurisdiction of the U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. year-round employment and to assist local committee concerned. 251; (110 Stat. 868); to the Committee on Vet- community partnerships in improving high By Ms. ESTY (for herself, Mr. KATKO, erans’ Affairs. school graduation and youth employment Mr. DEFAZIO, and Mrs. NAPOLITANO):

VerDate Sep 11 2014 02:27 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\L28MR7.000 H28MRPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2516 CONGRESSIONAL RECORD — HOUSE March 28, 2017 H.R. 1758. A bill to amend the Comprehen- ministrative cost allowances, and for other Article I, Section VIII sive Environmental Response, Compensa- purposes; to the Committee on Education The Congress shall have power . . . To tion, and Liability Act of 1980 to modify pro- and the Workforce. make all laws which shall be necessary and visions relating to brownfield remediation By Mr. RUSSELL: proper for carrying the execution of the fore- grants, and for other purposes; to the Com- H.R. 1768. A bill to provide that no addi- going powers, and all powers vested by this mittee on Energy and Commerce, and in ad- tional Federal funds may be made available Constitution in the government of the dition to the Committee on Transportation for National Heritage Areas, and for other United States, or in any department or offi- and Infrastructure, for a period to be subse- purposes; to the Committee on Natural Re- cer thereof. quently determined by the Speaker, in each sources. By Mr. BRAT: case for consideration of such provisions as By Mr. VALADAO: H.R. 1752. fall within the jurisdiction of the committee H.R. 1769. A bill to affirm an agreement be- Congress has the power to enact this legis- concerned. tween the United States and Westlands lation pursuant to thefollowing: By Mr. GRIJALVA (for himself, Ms. Water District dated September 15, 2015, and ‘‘This bill is enacted pursuant to the power LEE, Mr. CONNOLLY, Mr. LANGEVIN, for other purposes; to the Committee on Nat- granted to Congress under Article 1, Section Mr. JOHNSON of Georgia, Mr. TED ural Resources. 8, Clause 18 of the United States Constitu- LIEU of California, Mr. QUIGLEY, Mr. By Mrs. COMSTOCK (for herself, Mr. tion.’’ MEEKS, Ms. SCHAKOWSKY, Ms. BEYER, Mr. CONNOLLY, Mr. BROWN of By Mr. BRAT: MCSALLY, Mr. MCGOVERN, Ms. CAS- Maryland, Mr. DELANEY, Ms. NORTON, H.R. 1753. TOR of Florida, Mr. COSTELLO of Mr. RASKIN, and Mr. HOYER): Congress has the power to enact this legis- Pennsylvania, Mr. COHEN, and Mr. H.J. Res. 92. A joint resolution granting lation pursuant to the following: BLUMENAUER): the consent and approval of Congress for the ‘‘This bill is enacted pursuant to the power H.R. 1759. A bill to amend the Animal Wel- Commonwealth of Virginia, the State of granted to Congress under Article 1, Section fare Act to restrict the use of exotic and wild Maryland, and the District of Columbia to 8, Clause 18 of the United States Constitu- animals in traveling performances; to the amend the Washington Area Transit Regula- tion.’’ Committee on Agriculture. tion Compact; to the Committee on the Judi- By Mr. LATTA: By Mr. GROTHMAN: ciary. H.R. 1754. H.R. 1760. A bill to amend the Food and Nu- f Congress has the power to enact this legis- trition Act of 2008 to eliminate the authority lation pursuant to the following: of the Secretary of Agriculture to grant a CONSTITUTIONAL AUTHORITY Article I, Section 8, Clause 3 waiver from the work requirements for par- STATEMENT To regulate Commerce with foreign Na- ticipation in the supplemental nutrition as- Pursuant to clause 7 of rule XII of tions, and among the several States, and with the Indian Tribes; sistance program on account of an area’s the Rules of the House of Representa- high unemployment rate or limited employ- By Mr. BLUMENAUER: ment availability for individuals who reside tives, the following statements are sub- H.R. 1755. in the area; to the Committee on Agri- mitted regarding the specific powers Congress has the power to enact this legis- culture. granted to Congress in the Constitu- lation pursuant to the following: By Mr. JOHNSON of Louisiana: tion to enact the accompanying bill or The Constitution of the United States pro- H.R. 1761. A bill to amend title 18, United joint resolution. vides clear authority for Congress to pass States Code, to criminalize the knowing con- tax legislation. Article I of the Constitution, By Mr. JOHNSON of Georgia: in detailing Congressional authority, pro- sent of the visual depiction, or live trans- H.R. 1746. vides that ‘‘Congress shall have Power to lay mission, of a minor engaged in sexually ex- Congress has the power to enact this legis- and collect Taxes . . .’’ (Section 8, Clause 1). plicit conduct, and for other purposes; to the lation pursuant to the following: Committee on the Judiciary. Article I, Section 8 (Clauses 1, 3, and 18), This legislation is introduced pursuant to By Mr. KENNEDY (for himself, Ms. which grants Congress the power to provide that grant of authority. GABBARD, Mr. YOUNG of Alaska, Mrs. for the common Defense and general Welfare By Mrs. COMSTOCK: MCMORRIS RODGERS, Mrs. BROOKS of of the United States; to regulate Commerce H.R. 1756. Congress has the power to enact this legis- Indiana, Ms. KUSTER of New Hamp- with foreign Nations, and among the several lation pursuant to the following: shire, Mr. MEEHAN, Ms. CLARK of States, and with the Indian Tribes; and to Article IV, Section 3, Clause 2 of the U.S. Massachusetts, Mr. COHEN, Mr. make all Laws which shall be necessary and Constitution: ‘‘The Congress shall have the SWALWELL of California, Ms. TSON- proper for carrying into Execution the fore- Power to dispose of and make all needful GAS, Mr. JOYCE of Ohio, and Ms. going Powers. Rules and Regulations respecting the Terri- SPEIER): By Mr. PALLONE: H.R. 1762. A bill to promote pro bono legal H.R. 1747. tory or other Property belonging to the services as a critical way in which to em- Congress has the power to enact this legis- United States; and nothing in this Constitu- power survivors of domestic violence; to the lation pursuant to the following: tion shall be so construed as to Prejudice Committee on the Judiciary. Article 1, Section 8, Clause 18 any Claims of the United States, or of any By Mr. SEAN PATRICK MALONEY of By Mr. SCOTT of Virginia: particular State.’’ New York: H.R. 1748. By Mr. DANNY K. DAVIS of Illinois: H.R. 1763. A bill to direct the Attorney Congress has the power to enact this legis- H.R. 1757. General to carry out a pilot program to pro- lation pursuant to the following: Congress has the power to enact this legis- vide grants to eligible entities to divert indi- Article I, Section 8 of the Constitution of lation pursuant to the following: viduals with low-level drug offenses to the United States. Article 1 of the Constitution and its subse- prebooking diversion programs, and for other By Mr. BILIRAKIS: quent amendments and further clarified and purposes; to the Committee on the Judici- H.R. 1749. interpreted by the Supreme Court of the ary. Congress has the power to enact this legis- United States. By Mr. MESSER: lation pursuant to the following: By Ms. ESTY: H.R. 1764. A bill to amend the Internal Rev- This bill is enacted pursuant to Article I, H.R. 1758. enue Code of 1986 to exclude room and board Section 8, Clause 1 of the Constitution of the Congress has the power to enact this legis- costs and certain research expenses from United States and Article I, Section 8, lation pursuant to the following: gross income of certain students; to the Clause 7 of the Constitution of the United Clause 18 of Section 8 of Article I of the Committee on Ways and Means. States. Constitution By Ms. NORTON: Article I, section 8 of the United State By Mr. GRIJALVA: H.R. 1765. A bill to provide that the author- Constitution, which grants Congress the H.R. 1759. ity to grant clemency for offenses against power to raise and support an Army; to pro- Congress has the power to enact this legis- the District of Columbia shall be exercised in vide and maintain a Navy; to make rules for lation pursuant to the following: accordance with law enacted by the District the government and regulation of the land U.S. Const. art. I, §§ 1 and 8. of Columbia; to the Committee on Oversight and naval forces; and provide for organizing, By Mr. GROTHMAN: and Government Reform. arming, and disciplining the militia. H.R. 1760. By Mr. ROE of Tennessee (for himself By Mr. YOUNG of Iowa: Congress has the power to enact this legis- and Mrs. BLACKBURN): H.R. 1750. lation pursuant to the following: H.R. 1766. A bill to prohibit conditioning Congress has the power to enact this legis- Article I, Section 8, Clause 1: The Congress health care provider licensure on participa- lation pursuant to the following: shall have Power to lay and collect Taxes, tion in a health plan or the meaningful use Article I, Section 8 of the Constitution of Duties, Imposts and Excises, to pay the of electronic health records; to the Com- the United States. Debts and provide for the common Defence mittee on Energy and Commerce. By Mr. MOONEY of West Virginia: and general Welfare of the United States; but By Mr. RUSSELL: H.R. 1751. all Duties, Imposts and Excises shall be uni- H.R. 1767. A bill to amend the Higher Edu- Congress has the power to enact this legis- form throughout the United States. [Page cation Act of 1965 to discontinue certain ad- lation pursuant to the following: H5913]

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By Mr. JOHNSON of Louisiana: H.R. 477: Mr. LUCAS. H.R. 1515: Mr. TAKANO, Mr. BLUMENAUER, H.R. 1761. H.R. 479: Mr. WILSON of South Carolina. and Ms. SINEMA. Congress has the power to enact this legis- H.R. 490: Mr. WILSON of South Carolina. H.R. 1516: Mr. YARMUTH and Mr. CONYERS. lation pursuant to the following: H.R. 510: Mr. FITZPATRICK. H.R. 1528: Mr. POLIS. Aticle I, Section 8. H.R. 530: Mr. LANGEVIN. H.R. 1552: Mr. ALLEN, Mr. GOSAR, Mr. By Mr. KENNEDY: H.R. 548: Mr. TIPTON. KELLY of Mississippi, Mrs. MIMI WALTERS of H.R. 1762. H.R. 564: Mr. MOOLENAAR. California, and Mr. ISSA. Congress has the power to enact this legis- H.R. 565: Mr. GOHMERT. H.R. 1582: Mr. PETERS, Mr. LYNCH, and Mr. lation pursuant to the following: H.R. 579: Mr. EVANS. MOOLENAAR. Article I, Section 8 H.R. 620: Mr. FOSTER and Mr. DENHAM. H.R. 1588: Mr. COHEN. By Mr. SEAN PATRICK MALONEY of H.R. 671: Mr. MCEACHIN and Mr. GALLEGO. H.R. 1589: Mr. LARSON of Connecticut. New York: H.R. 672: Mr. ROYCE of California, Mr. H.R. 1609: Miss RICE of New York. H.R. 1763. DONOVAN, Mr. SHERMAN, Mr. POE of Texas, H.R. 1614: Mr. KHANNA, Mr. DESAULNIER, Congress has the power to enact this legis- Mr. SIRES, and Mr. CICILLINE. and Ms. SEWELL of Alabama. lation pursuant to the following: H.R. 676: Ms. VELA´ ZQUEZ and Mr. PAYNE. H.R. 1626: Mr. PETERSON. Art. I, Sec. 8 H.R. 723: Mr. CARTWRIGHT. H.R. 1644: Ms. ROS-LEHTINEN, Mr. COOK, Ms. By Mr. MESSER: H.R. 747: Mr. ROYCE of California and Mr. GABBARD, and Mr. WILSON of South Carolina. H.R. 1764. LAMALFA. H.R. 1665: Mr. KINZINGER, Mr. BOST, Mr. Congress has the power to enact this legis- H.R. 754: Mr. COOK. SHIMKUS, and Mr. LAHOOD. lation pursuant to the following: H.R. 807: Mr. ROTHFUS and Mr. NOLAN. H.R. 1676: Ms. DELBENE, Mr. HECK, and Ms. Article I, Section 8, Clause 1 of the Con- H.R. 816: Mr. DESAULNIER. MCCOLLUM. stitution H.R. 822: Mr. MOULTON. H.R. 1678: Mr. MAST. By Ms. NORTON: H.R. 846: Mr. VARGAS and Mr. GUTHRIE. H.R. 1694: Mr. SESSIONS. H.R. 1765. H.R. 849: Mr. OLSON, Mr. KELLY of Pennsyl- H.R. 1695: Mr. SCHNEIDER. Congress has the power to enact this legis- vania, Mr. STEWART, Mr. WEBSTER of Florida, H.R. 1697: Mr. FARENTHOLD, Mrs. BEATTY, lation pursuant to the following: Mr. MULLIN, Mr. MESSER, Mr. LARSON of Con- Mr. ROYCE of California, Mr. DUNCAN of clause 17 of section 8 of article I of the necticut, Mr. TED LIEU of California, Mr. South Carolina, Mr. YODER, Mr. CHAFFETZ, Constitution. GROTHMAN, Mr. TIPTON, Mr. LAMBORN, Mr. Mr. MARCHANT, Ms. WASSERMAN SCHULTZ, By Mr. ROE of Tennessee: FARENTHOLD, Mr. DIAZ-BALART, Mr. COLE, Mr. BARR, Mr. STEWART, Mr. SCHNEIDER, Mr. H.R. 1766. and Mr. HARRIS. FITZPATRICK, Mr. KINZINGER, Mr. WEBSTER of Congress has the power to enact this legis- H.R. 873: Ms. GABBARD and Mr. WITTMAN. Florida, Mr. MURPHY of Pennsylvania, Miss lation pursuant to the following: H.R. 879: Mr. ROUZER. RICE of New York, Mr. COOK, Ms. SINEMA, Mr. Consistent with the original understanding H.R. 909: Mr. CORREA, Mr. CRIST, Mrs. HIGGINS of New York, Ms. ROSEN, Mr. PETER- of the Commerce Clause, the authority to BEATTY, and Ms. ROSEN. SON, Mr. NEAL, Mr. HOLDING, Mr. SMITH of enact this legislation is found within Clause H.R. 964: Mr. CONNOLLY. New Jersey, Mr. GIBBS, and Mrs. NAPOLI- 3 of Section 8, Article 1 of the U.S. Constitu- H.R. 973: Ms. MCSALLY. TANO. tion. Furthermore, the treatment of Med- H.R. 1027: Mr. BRENDAN F. BOYLE of Penn- H.R. 1698: Mr. CICILLINE, Mr. STIVERS, Mrs. icaid among other provisions provide for the sylvania. DAVIS of California, Mr. RENACCI, Mr. COHEN, general welfare of the Unites States and H.R. 1038: Mr. FORTENBERRY. Ms. SINEMA, Ms. WASSERMAN SCHULTZ, Mr. H.R. 1116: Mr. EMMER ARTWRIGHT OUNG AT thereby retain authority within Clause 1 of C , Mr. Y of Iowa, Mrs. W - H.R. 1148: Mr. RUPPERSBERGER. Section 8, Article of the U.S. Constitution. SON COLEMAN, Ms. FRANKEL of Florida, Mr. H.R. 1150: Mr. RENACCI, Mr. BARR, Mr. By Mr. RUSSELL: FARENTHOLD, Mr. KEATING, Mr. GARRETT, Mr. BOST, Mr. CALVERT, Mrs. BLACKBURN, Mr. H.R. 1767. DUNCAN of South Carolina, Mr. ROSKAM, Mr. BROOKS of Alabama, Mr. LONG, Mr. COLE, Mr. Congress has the power to enact this legis- YODER, Mr. DELANEY, Mr. POE of Texas, Mr. BYRNE, and Mr. VALADAO. lation pursuant to the following: CHAFFETZ, Ms. MATSUI, Mr. MARCHANT, Mr. H.R. 1155: Mr. DEFAZIO and Mr. POCAN. Article 1, Section 8, Clause 3 BARR, Mr. SMITH of New Jersey, Mr. H.R. 1160: Mr. DELANEY. By Mr. RUSSELL: KINZINGER, Mr. BRENDAN F. BOYLE of Penn- H.R. 1172: Mr. HUFFMAN, Mr. MICHAEL F. H.R. 1768. sylvania, Mr. CONNOLLY, Mr. WEBSTER of DOYLE of Pennsylvania, Ms. PINGREE, and Congress has the power to enact this legis- Florida, Mr. MURPHY of Pennsylvania, Miss Mr. NOLAN. lation pursuant to the following: RICE of New York, Mr. KELLY of Pennsyl- H.R. 1180: Mr. BYRNE. Article 1, Section 8, Clause 3 vania, Mr. COOK, Mr. HIGGINS of New York, H.R. 1203: Mr. EMMER. By Mr. VALADAO: Mr. PETERSON, Ms. KELLY of Illinois, Mr. H.R. 1222: Mr. ABRAHAM, Mr. SWALWELL of H.R. 1769. NEAL, Mr. WALKER, Ms. JENKINS of Kansas, California, Mr. LOEBSACK, Mr. BOST, Mr. Congress has the power to enact this legis- Mr. LAMBORN, Mr. FITZPATRICK, Mr. SOTO, Mr. POCAN, Mrs. MCMORRIS RODGERS, lation pursuant to the following: CRAWFORD, Mr. STEWART, Mr. GIBBS, Mr. Mrs. MURPHY of Florida, Mr. WEBSTER of Article I, Section 8, Clause 18 of the Con- GAETZ, and Mrs. NAPOLITANO. Florida, Mr. MULLIN, Mr. EVANS, Mr. STIV- H.R. 1702: Mr. BLUM. stitution of the United States. ERS, Mr. GUTHRIE, Mr. CONNOLLY, and Ms. H.R. 1711: Mr. PALLONE, Ms. JAYAPAL, Mrs. By Mrs. COMSTOCK: NORTON. WATSON COLEMAN, Mr. NADLER, Mr. BRENDAN H.J. Res. 92. H.R. 1235: Mr. PASCRELL and Mr. TED LIEU F. BOYLE of Pennsylvania, Mr. CLAY, Mr. Congress has the power to enact this legis- of California. POCAN, Ms. KAPTUR, Ms. SCHAKOWSKY, Mr. lation pursuant to the following: H.R. 1264: Mr. CULBERSON, Mr. BABIN, and MCEACHIN, Mr. JEFFRIES, Mr. HIGGINS of New Article I, Section 10, Clause 3: ‘‘No State Mr. POE of Texas. York, Mr. MCGOVERN, and Mr. FOSTER. shall, without the Consent of Congress . . . H.R. 1267: Mr. CARTER of Georgia, Mr. H.R. 1724: Mr. EVANS. enter into any Agreement or Compact with CURBELO of Florida, and Mr. KEATING. H.R. 1737: Mr. SMITH of Texas and Mr. HEN- another State . . .’’ H.R. 1303: Mr. PALLONE and Mr. MCGOVERN. SARLING. f H.R. 1318: Ms. ESTY and Mr. THOMPSON of H.R. 1739: Mr. POLIS, Mr. GRIJALVA, and California. Mr. BRADY of Pennsylvania. ADDITIONAL SPONSORS H.R. 1334: Mr. ALLEN. H.J. Res. 53: Mr. KRISHNAMOORTHI and Ms. Under clause 7 of rule XII, sponsors H.R. 1346: Ms. FRANKEL of Florida and Mr. GABBARD. were added to public bills and resolu- YOUNG of Alaska. H.J. Res. 59: Mr. LOUDERMILK. H.R. 1358: Mr. COHEN. H.J. Res. 73: Mr. GALLAGHER, Mr. COLLINS tions, as follows: H.R. 1393: Mr. YARMUTH. of Georgia, and Mr. WALKER. H.R. 24: Mr. GROTHMAN, Mr. FITZPATRICK, H.R. 1405: Mr. PALLONE and Mr. POLIS. H. Con. Res. 38: Mr. HUFFMAN. Mr. SCHRADER, Mr. BACON, and Mr. MEADOWS. H.R. 1406: Mr. MEEHAN, Mr. SWALWELL of H. Con. Res. 40: Mr. HIGGINS of Louisiana. H.R. 38: Mrs. ROBY, Mr. NUNES, and Mr. California, Mr. CHABOT, and Mr. GAETZ. H. Res. 28: Mrs. DEMINGS, Mr. HECK, Mr. BARTON. H.R. 1421: Ms. DEGETTE. PAYNE, Mr. YODER, and Mr. GENE GREEN of H.R. 250: Mr. BABIN, Mr. GARRETT, and Mr. H.R. 1444: Mr. PERLMUTTER and Mr. Texas. SMITH of Texas. SMUCKER. H. Res. 30: Mr. HUDSON, Ms. LOFGREN, and H.R. 282: Mr. FRANKS of Arizona, Mr. H.R. 1452: Ms. BONAMICI and Mr. Mr. BRADY of Pennsylvania. JONES, Mr. CALVERT, Mr. WEBSTER of Flor- DESAULNIER. H. Res. 90: Mr. GUTIE´ RREZ. ida, and Mr. FASO. H.R. 1466: Mr. PERLMUTTER. H. Res. 92: Mr. POE of Texas and Mr. H.R. 352: Mr. POE of Texas. H.R. 1485: Ms. TENNEY and Mr. COOK. KINZINGER. H.R. 367: Mr. PEARCE and Mrs. ROBY. H.R. 1494: Mr. CUELLAR, Mr. PAULSEN, Mr. H. Res. 121: Mr. GUTHRIE. H.R. 371: Mr. LARSON of Connecticut. COLE, Mr. NOLAN, Mr. HURD, Mr. CUMMINGS, H. Res. 135: Mr. BILIRAKIS. H.R. 390: Mr. GOHMERT. Mr. VISCLOSKY, Mr. POCAN, Mr. JOHNSON of H. Res. 137: Mr. SHERMAN. H.R. 392: Mr. JOHNSON of Ohio, Ms. BLUNT Ohio, Ms. JUDY CHU of California, and Mr. H. Res. 145: Mr. CICILLINE and Mr. SHER- ROCHESTER, and Ms. DELBENE. RUIZ. MAN.

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H. Res. 148: Ms. LOFGREN. H. Res. 186: Mrs. TORRES, Ms. VELA´ ZQUEZ, H. Res. 203: Mr. TED LIEU of California, Mr. H. Res. 163: Mr. EVANS. Mr. CARSON of Indiana, Mr. KILDEE, Ms. LOF- CICILLINE, and Mr. COHEN. H. Res. 184: Mrs. DINGELL, Mr. LEVIN, Mr. GREN, Mr. EVANS, and Mr. CARBAJAL. H. Res. 206: Mr. EVANS. CRIST, Mr. NORCROSS, Mr. LOEBSACK, Ms. H. Res. 187: Mr. WALZ, Mr. CHABOT, Mr. HANABUSA, and Mrs. DEMINGS. ENGEL, Mr. CONNOLLY, and Mr. BERA.

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Vol. 163 WASHINGTON, TUESDAY, MARCH 28, 2017 No. 54 Senate The Senate met at 10 a.m. and was homes, businesses, and communities. all know that low- and fixed-income called to order by the President pro They deserve our respect and our sup- families would have suffered the most. tempore (Mr. HATCH). port. And for what? For a regulation that f The same is true of America’s middle hardly would have moved the needle on class, more broadly. Middle-class fami- climate anyway. PRAYER lies had a hard enough time over the Talking about bad policy, it is impor- The Chaplain, Dr. Barry C. Black, of- past 8 years without Washington mak- tant to remember how we got here. fered the following prayer: ing things worse. I think they deserve President Obama came into office with Let us pray. respect and support, not fewer jobs and huge majorities in both Houses of Con- O God, our shield, look with favor unaffordable energy bills. gress. He could have done virtually upon our Senators today. Guide them Unfortunately, the previous adminis- anything he wanted, and he certainly around the obstacles that hinder their tration didn’t see things the same way. tried. He pushed through one left-wing progress, uniting them for the common Instead, the Obama administration policy after another. He even tried to good of this great land. launched energy attack after energy push through a regressive, anti-middle- Lord, free them from anxiety and attack on Kentucky and America’s class energy regulatory plan—one so fear as they put their trust in You. En- middle class, threatening critical jobs extreme that he couldn’t even get his able them to go from strength to and making coal more costly to mine own Democrat-controlled Congress to strength, fulfilling Your purpose for and use. go along with it. Undeterred, he went their lives in this generation. Guide Indeed, a couple years ago, then- around Congress and imposed a simi- them to use their abilities and talents President Obama finalized a massive larly regressive energy scheme any- to accomplish Your holy will. As they regressive energy regulatory scheme way. strive to please You, help them to that claimed to be about helping the It was evident that the Obama ad- stand for right and leave the con- climate but actually would have done ministration had overstepped its au- sequences to You. little to truly impact global emissions. thority. That is why I sent the letter I We pray in Your Holy Name. Amen. What it would have done is punish coal mentioned earlier to the Nation’s Gov- f families, ship middle-class jobs over- ernors, urging them not to comply seas, and hurt the economy. It was also with the CPP’s demands but instead to PLEDGE OF ALLEGIANCE likely illegal. So I sent a letter coun- take a wait-and-see approach before The President pro tempore led the seling Governors to wait for the courts putting their States in economic jeop- Pledge of Allegiance, as follows: to rule on the legality of the regulation ardy. I pledge allegiance to the Flag of the before submitting a compliance plan. It Because of the legal uncertainty of United States of America, and to the Repub- was not a popular move at the time, President Obama’s plan, 27 States lic for which it stands, one nation under God, but it turns out that it was the right joined the fight in Federal court. In indivisible, with liberty and justice for all. one. I am glad that nearly half of our February 2016, the Supreme Court f Nation’s Governors agreed with my ad- issued an unprecedented nationwide vice to take a wait-and-see approach halt on this regulation—a nationwide RECOGNITION OF THE MAJORITY before needlessly putting their States halt. Despite the Court’s order, the LEADER in economic jeopardy. damage of President Obama’s war on The PRESIDING OFFICER (Mr. I am proud to report that we will coal has already negatively impacted SASSE). The majority leader is recog- notch an important victory in this middle-class families across the coun- nized. struggle later today. I commend Presi- try and coal communities in Kentucky. f dent Trump for the decision to sign the When plants shut down and miners lose energy independence Executive order their jobs, the entire community feels ENERGY REGULATORY POLICY and send several anti-middle-class reg- the pain. With less tax revenue, local Mr. MCCONNELL. Mr. President, ulations back to the drawing board. governments are unable to pay teach- throughout my career in the Senate, I From the outset, I warned that regula- ers and first responders. These hard- have worked hard to defend coal com- tions like these would hurt coal work- ships often lead to a rise in crime and munities and the jobs they and so ers and America’s middle class. One re- drug abuse that troubles these commu- many across the country depend on. port predicted that more than 40 States nities. Moreover, the Obama adminis- These men and women have dedicated could have seen double-digit electricity tration’s massive regulatory burdens their lives to providing an affordable rate hikes as a result of the Clean were imposed during a period when pro- and reliable power source for our Power Plan energy regulatory plan. We duction and supply of natural gas had

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

S2017

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VerDate Sep 11 2014 23:53 Mar 28, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A28MR6.000 S28MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S2018 CONGRESSIONAL RECORD — SENATE March 28, 2017 been high and its costs relatively low— the same strategy with Judge Gorsuch. tion of the Individuals with Disabilities a devastating one-two punch to fami- He repeatedly cites a quote by a friend Act. In the opinion of even Justice lies already struggling to make it. of the judge’s who, of course, said Thomas, the educational rights Judge To make matters worse, President ‘‘there is no principled reason’’ to op- Gorsuch would allow to disabled stu- Obama didn’t stop with the CPP. He pose this nomination, so it must be dents under the law amount to no edu- also sought to impose similar limita- politics, the majority leader concludes. cation at all. tions on any new plants in an attempt I respectfully but wholeheartedly dis- Judge Gorsuch’s opportunity to dis- to prevent them from being built at all. agree with the majority leader on this abuse us of all of those objections was It is an equally concerning regulation point. in the hearing process, but he declined and one that would have further dev- There are several principled reasons to substantively answer question after astated coal communities. I am glad to oppose Judge Gorsuch’s nomination. question. Absent a real description of President Trump will include it in his First, Judge Gorsuch was unable to his judicial philosophy, all we have to Executive order today. sufficiently convince me that he would go on is his record—a record that land- Coal communities face enough chal- be an independent check on a President ed Judge Gorsuch on the lists of the lenges without Washington piling on who has shown almost no restraint conservative Federalist Society and more with these unfortunate attacks. from Executive overreach. He asserted Heritage Foundation. President Fortunately, we have a President who independence but could not point to a Trump, of course, selected Judge will work with us to provide much single thing in his record to guarantee Gorsuch off those preapproved conserv- needed relief. it. ative lists, as he promised he would Today’s Executive order is good news He refused to publicly condemn what during his campaign. for coal communities. It is a victory the President did when he went after To claim, as the majority leader for middle-class families and another the three-judge panel on the Ninth Cir- does, that Judge Gorsuch is simply a important step away from the over- cuit. He had a case before them, and neutral judge is belied by his history regulation of the Obama years. the President said: If they don’t decide since his college days, his own judicial We all want clean air and clean my way, they will be guilty of ter- record, and the manner of his selection. These are principled reasons to op- water, but that is not what President rorism. I have never seen anything like pose Judge Gorsuch, even if people on Obama’s energy regulatory policies that in all my years of politics. Judge the other side disagree with them. We were actually about. It was an ideolog- Gorsuch refused to publicly condemn. need a Justice who will be an inde- ical vanity project. It wouldn’t have He said privately to different people pendent check on the President. We even solved the problem it purported to that he was disheartened. When Presi- need someone who will consider fairly address. dent Trump said: He didn’t mean me, the plight of average citizens, not fur- Now, fortunately, the EPA will have Judge Gorsuch shrugged his shoulders, ther tip the scales of justice in favor of the opportunity to go back to the going along with what the President said. already powerful corporations. Judge drawing board and get this right with Gorsuch—his record and his perform- balanced and serious policies. The EPA Second, he was unable to convince me that he would be a mainstream Jus- ance in the hearing—did nothing to should work with stakeholders across show me he could be that kind of Jus- the country to develop sensible policies tice who could rule free from the biases of politics and ideology. His career, his tice. that balance the economic needs of our So when Republicans said that if early writings, and his judicial record communities with the realities of our Democrats won’t support Judge suggest not a neutral legal mind but environment. This way we can protect Gorsuch, we won’t support any Repub- instead someone with a deep-seated America’s middle class, America’s min- lican-nominated judge, that is simply conservative ideology. He was cham- ers, and America’s natural resources not true. It may be hard for us to sup- pioned by the Federalist Society and all at once. port anyone from a list culled by the the Heritage Foundation and has not I suggest the absence of a quorum. Federalist Society and the Heritage shown 1 inch of difference between his The PRESIDING OFFICER. The Foundation, but we have several rea- views and theirs. I would ask my col- clerk will call the roll. sons to be concerned with Judge The senior assistant legislative clerk leagues this question: Are all these Gorsuch specifically. proceeded to call the roll. groups who are spending dark, secret, For all the hand-wringing by my Mr. SCHUMER. Mr. President, I ask undisclosed money to support his nom- friends on the other side of the aisle unanimous consent that the order for ination doing so because they just that they cannot imagine Democrats the quorum call be rescinded. want a Justice on the Court who will voting against Judge Gorsuch, I would The PRESIDING OFFICER. Without ‘‘call balls and strikes’’? I doubt it. like to remind them that only three— objection, it is so ordered. Some here may agree with the Herit- three—of the current Senators on the f age Foundation, but they are not a Republican side voted for either of mainstream organization. They are on President Obama’s confirmed nomi- RECOGNITION OF THE MINORITY the far right. That is their right to be. LEADER nees, and all of them went along with But their advocacy of Judge Gorsuch my friend the majority leader’s unprec- The PRESIDING OFFICER. The suggests he is not a ‘‘balls and strikes’’ edented plan to refuse President Democratic leader is recognized. guy. Obama’s third nominee, Judge Garland, f Finally, Judge Gorsuch is someone even a hearing or a vote for nearly a who almost instinctively favors the NOMINATION OF NEIL GORSUCH year. powerful over the weak and corpora- Which brings us back to the present Mr. SCHUMER. Mr. President, first I tions over working Americans. That is day, where we Democrats have partici- will speak on the Supreme Court. Last what his record shows. Judge Gorsuch pated in a fair, transparent, and thor- Thursday, I announced my opposition repeatedly sided with insurance compa- ough process of advice and consent. to Judge Neil Gorsuch and endeavored nies that wanted to deny disability Now that the time to decide whether to to explain why, on the merits, I don’t benefits to employees, and in employ- provide consent approaches, we take believe he deserves to be elevated to a ment discrimination cases, he sided that responsibility seriously. A life- lifetime appointment on the Supreme with employers the great majority of time appointment on the highest Court Court. the time. of the land is not something to be I listen to my friend, the distin- He wrote—in dissent—that trucking taken lightly. guished majority leader, each morning. company executives were right to fire To participate in hearings and a Since the beginning of this Congress, truckdriver Alphonse Maddin for leav- thorough process—something we were he has chalked up every Democratic re- ing his trailer in order to save his life. denied—does not mean you have to be quest or objection in this body to ‘‘sour And just last week, we saw another ex- a rubberstamp. After a thorough re- grapes,’’ to some leftover resentment ample of how extreme Judge Gorsuch’s view of Judge Gorsuch’s record, many from the election. It is just not true, views are when the Supreme Court of my colleagues and I have concluded but he keeps trying. Now he is trying unanimously rebuked his interpreta- we cannot consent.

VerDate Sep 11 2014 23:53 Mar 28, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G28MR6.001 S28MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 28, 2017 CONGRESSIONAL RECORD — SENATE S2019 If Judge Gorsuch fails to reach 60 campaign. I believe they will be vigor- Federal judge on the Tenth Circuit votes, it will not be because Democrats ously opposed by Members on both Court of Appeals out of Denver. are being obstructionists, it will be be- sides of the aisle. I believe he is one of the most quali- cause he failed to convince 60 Senators Mr. President, I yield the floor. fied nominees in recent history, to be that he belongs on the Supreme Court. f sure, and you might have to go back My friend the majority leader made into our early history to find somebody the decision to break 230 years of Sen- RESERVATION OF LEADER TIME on par with Judge Gorsuch in terms of ate precedent by holding this seat open The PRESIDING OFFICER. Under his qualifications for this important of- for over a year. If the nominee cannot the previous order, the leadership time fice. Unfortunately, in spite of this, we earn the support of 60 Senators, the an- is reserved. are seeing the minority leader threat- swer is not to break precedent by fun- f ening to filibuster this incredibly well- damentally and permanently changing qualified judge. I hope other Democrats the rules and traditions of the Senate; CONCLUSION OF MORNING will exercise independence and do the the answer is to change the nominee. BUSINESS right thing. This idea that if Judge Gorsuch doesn’t The PRESIDING OFFICER. Morning I was glad to see just yesterday our get 60 votes, the majority leader has to business is closed. colleague, the former chairman of the inexorably change the rules of the Sen- f Judiciary Committee, the senior Sen- ate—that idea is utter bunk. ator from Vermont, say that he had a It is the free choice of my colleagues EXECUTIVE SESSION different take. He was quoted in a on the other side of the aisle to pursue PROTOCOL TO THE NORTH ATLANTIC TREATY OF Vermont newspaper—perhaps it is a a change in rules if that is what they 1949 ON THE ACCESSION OF MONTENEGRO blog—it is called VTDigger.org. Sen- decide. And I would remind the major- The PRESIDING OFFICER. Under ator LEAHY, the former chairman of ity leader that he doesn’t come to this the previous order, the Senate will pro- the Judiciary Committee, said: ‘‘I am decision with clean hands. He blocked ceed to executive session to resume not inclined to filibuster.’’ Merrick Garland for over a year. We consideration of Executive Calendar Just for the benefit of anybody who wouldn’t even be here if Judge Garland No. 1, the Montenegro treaty, which might be listening, let me distinguish had been given fair consideration. That the clerk will state. between the use of the filibuster as op- is why we are here today—not because The senior assistant legislative clerk posed to voting against the nominee. of any Democrat. read as follows: It is a fact that there has never been f Treaty document No. 114–12, Protocol to a successful partisan filibuster of a Su- preme Court nominee in American his- BORDER WALL the North Atlantic Treaty of 1949 on the Ac- cession of Montenegro. tory—never. Mr. SCHUMER. Mr. President, fi- Pending: The only time cloture was denied on nally, on the wall—a place where there a bipartisan basis of a nominee to the may be more agreement between some McConnell amendment No. 193, to change Supreme Court was in 1968, when Abe the enactment date. of us than on Judge Garland—last McConnell amendment No. 194 (to amend- Fortas was nominated by then-Presi- night we learned that the Trump ad- ment No. 193), of a perfecting nature. dent Lyndon Johnson. Mr. Fortas, then ministration will be seeking deep cuts The PRESIDING OFFICER. The ma- serving as an Associate Justice on the to critical domestic programs in order jority whip. Supreme Court of the United States, to pay for a border wall. The adminis- had a number of problems, one of which tration is asking the American tax- THE PRESIDENT’S BUDGET was that he was still advising Presi- payer to cover the cost of a wall— Mr. CORNYN. Mr. President, I came dent Johnson while he was a sitting unneeded, ineffective, and absurdly ex- to the floor to talk about the nomina- member of the U.S. Supreme Court. He pensive—that Mexico was supposed to tion of Judge Gorsuch to serve as the was basically giving political advice pay for. He is cutting programs that next Supreme Court Justice, and I hap- from the bench to the President of the are vital to the middle class in order to pened to walk in while the Democratic United States, with whom he had a get that done. leader was speaking. In the brief time I long-established relationship. They want to cut the New Starts heard him comment this morning, I Then there was a suspicion that Earl Transportation Program and TIGER concluded that basically the Demo- Warren, the Chief Justice of the United grants. These are the lifeblood of our crats are against everything. They are States, had cut a deal with the Presi- road and tunnel and bridge building ef- against everything. He knows as well dent such that he would resign effec- forts. Build a wall or repair or build a as anybody that when the President tive upon the qualifying of his suc- bridge or tunnel or road in your com- sends over a budget, it is a proposal by cessor. So there wasn’t any literal va- munity? What a choice. They want to the President that Congress routinely cancy to fill. The President would then cut off NIH funding for cancer research changes, arriving at its own budget pri- nominate Abe Fortas, then an Asso- to pay for the wall. How many Ameri- orities, working with the White House. ciate Justice, and he would then nomi- cans would support that decision? They NOMINATION OF NEIL GORSUCH nate Homer Thornberry, then a judge want to cut programs that create jobs Mr. President, before I get too dis- on the Fifth Circuit Court of Appeals, and improve people’s lives—all so the tracted by the minority leader’s oppo- to fill the Fortas Associate Justice President can get his ‘‘big, beautiful sition to anything and everything, let slot. There were a couple of embar- wall’’—a wall that we don’t need and me comment a little bit on the rassing items to Judge Fortas that that will be utterly ineffective. Think Gorsuch nomination. caused a bipartisan denial of cloture, about that. The President wants to We will meet next week, on April 3, or the cutting off of debate, after which slow down cancer research and make to vote Judge Gorsuch’s nomination his nomination was withdrawn after 4 the middle-class taxpayer shoulder the out of the Senate Judiciary Com- days of floor debate. cost of a wall that Mexico was sup- mittee, at which time his nomination I mention all of this because some- posed to pay for. He wants to cut fund- will come to the floor. The world had a times people want to lead you down ing for roads and bridges to build a chance to see—and certainly all of this rabbit trail, claiming that what wall that Mexico was supposed to pay America—during the 20 hours that they are doing is something that is for. Judge Gorsuch testified before the Ju- well established in our history and in The proposed cuts the administration diciary Committee that he is a superb this precedence of the Senate when sent up last night will not receive the nominee. He is a person with a brilliant that is absolutely not true. There has support of very many people, I believe, legal mind. He has an incredible edu- never been a partisan filibuster of a Su- in this Chamber. These cuts would be cational resume and extensive experi- preme Court nominee that has been bad for the American people. They are ence both in the public sector—work- successful in denying that Justice to not what the American people want, ing at the Department of Justice—and the Supreme Court’s nomination to be and they are completely against one of in private practice and then for the confirmed—never. What Democrats are the President’s core promises in his last 10 years, of course, serving as a threatening to do next week when

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I also tician—ruling on the law and the facts. dent that then existed but that a fu- saw that our colleague from West Vir- It is not based on a personal agenda or ture decision in a Supreme Court case ginia, Senator MANCHIN, has said he a political agenda at all, and our col- changed that precedent—that the judge will not filibuster the nominee. It is to- leagues know that. should have anticipated it and some- tally a separate issue as to whether This is the same rule that was em- how failed to follow the current prece- they vote to confirm the nominee ulti- braced by Ruth Bader Ginsburg—some- dent because the Supreme Court at mately because, as we all know, in one whom our friends across the aisle some later date might change that working here in the Senate, in order to admire on the Court. Elena Kagan did precedent. It makes absolutely no get to that up-or-down vote, you have the same thing in refusing to comment sense. to get past this cloture vote, which re- or speculate, saying that it would be So what our colleagues are doing is quires 60 votes, and it has been tradi- improper for them to prejudge these basically saying that no nominee of tional that we have not even had those cases or to campaign, basically, for a President Trump’s or any Republican cloture votes with regard to Supreme lifetime appointment on the Supreme nominee is going to get confirmed to Court nominations. Court. Judge Gorsuch did the same the Supreme Court because it is going As a matter of fact, there have only thing as Justices Ginsburg and Kagan, to require 60 votes to do so. This would been four of those in our history. Two and he fulfilled his ethical obligations be unprecedented in our Nation’s his- of them were with regard to William as a sitting judge and preserved the tory. I think it will be an abuse of the Rehnquist when nominated as Asso- independence of the judiciary by keep- power we have in the Senate of encour- ciate Justice to the Supreme Court and ing an open mind as to cases that come aging debate, which is the cloture vote, then when he was nominated to be before him. by filibustering this outstanding nomi- Chief Justice of the Supreme Court. When they failed to make the case nee. With Samuel Alito, there was cloture that Judge Gorsuch was somehow out I have said it before and I will say it obtained. Ultimately, he won an up-or- of the mainstream, when they failed to again: Judge Gorsuch is going to have down vote and got a majority of votes make the case that he somehow was his day on the Senate floor. We are on the Senate floor. Then, of course, being nonresponsive in his answering going to have a fulsome debate. We are there was the Fortas nomination, questions by the Judiciary Committee, going to give our Democratic col- which I mentioned earlier. In none of the goalpost moved yet again. Last leagues a chance to do the right thing those four cases was there a partisan week, some suggested that Judge and to vote at some point to cut off de- filibuster that denied an up-or-down Gorsuch never ruled in favor of the bate and then have an up-or-down vote vote to the nominee. Again, the only ‘‘little guy.’’ This was following a line to confirm the nominee, just as has one that is a little of an outlier is the of arguments peddled by some outside happened in every single case before, Fortas nomination, which was ulti- groups who were trying to paint Judge with the possible exception of the mately withdrawn, so the Senate did Gorsuch as unsympathetic to the liti- Fortas nomination, which I described not have the opportunity to come back gants who appeared in his court. earlier, which was ultimately with- and revisit that initial failed cloture Fortunately, Judge Gorsuch set the drawn and the judge resigned because vote because of the ethical problems record straight. He made clear that his of an ethical scandal. that led Judge Fortas to resign from motivation in each and every case is to I hate to see our colleagues taking us the Supreme Court and return to pri- follow the law wherever it may lead down this path, but they are deter- vate practice. and to reach a decision based on where mined to oppose anything and every- Let me talk a minute about the ex- the law stands, not on his personal thing these days. We used to say there cuses our Democratic colleagues have opinion or emotions. Again, a good was a difference between campaigning given in opposing Judge Gorsuch. judge does not judge the litigants but, and governing. Basically, they are so First, they said they would fight a rather, the case at hand. upset with the outcome of the election nominee who was not in the main- I should point out, as I did with re- that they are continuing the political stream. gard to the more than 2,700 cases Judge campaign now and making it impos- I believe that out of the 2,700 cases Gorsuch has decided, that virtually all sible for us to do our work here in the Judge Gorsuch has participated in, 97 of them have been affirmed, meaning Senate. It is a crying shame. percent of those have been affirmed on that every judge on the panel, includ- I can only hope that cooler heads will appeal—97 percent. He has only been ing those nominated by Democrats, prevail and that others in the Demo- reversed in maybe one case. I believe reached the same conclusion that he cratic caucus will listen to Senator there was a discussion about it. There did, and they were approved, or af- LEAHY and others who say they are not was even an argument as to whether firmed, by the higher court, certainly inclined to filibuster. Whether they de- that was an outright reversal. It is not reversed. cide to vote against the nominee is en- very unusual, in my experience, to see I think our colleagues are making a tirely up to them, but denying the ma- a judge who enjoys such a tremendous tragic mistake by denying this Presi- jority in the Senate a chance to vote to record of affirmance on appeal and dent his nominee for the Supreme confirm the nominee is simply unac- such a very low record of reversal, par- Court of the United States. If Judge ceptable, and it will not stand. ticularly for an intermediate appellate Gorsuch is not good enough for them, I yield the floor. court like the Tenth Circuit Court of they will never vote to confirm any I suggest the absence of a quorum. Appeals. nominee from this or any other Repub- The PRESIDING OFFICER. The After they realized this ‘‘out of the lican President of the United States. clerk will call the roll. mainstream’’ argument wouldn’t work, What would happen if that view were The senior assistant legislative clerk they then moved the goalpost. Some of to prevail? I think we would see the proceeded to call the roll. my friends on the other side of the Supreme Court essentially become Ms. COLLINS. Mr. President, I ask aisle have implied they might oppose nonfunctional and shut down, and liti- unanimous consent that the order for Judge Gorsuch because of his refusal to gants who were hoping to get access to the quorum call be rescinded. answer questions about issues that a hearing before the Court would have The PRESIDING OFFICER. Without could come before him on the Court. In nowhere to turn. It is not acceptable. objection, it is so ordered. doing so, the judge was doing exactly Some of our colleagues remind me of Ms. COLLINS. Mr. President, con- what is required by judicial ethics. In the old story about the child who mur- firming a Supreme Court nominee is other words, how would you feel if the ders his parents and then comes before one of the Senate’s most significant judge before whom you appeared had the court and asks for leniency, saying: constitutional responsibilities. I come

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I questioned him for more commitment, he would have left the I have heard opponents of this nomi- than an hour in a meeting in my office, room because it would never be appro- nee criticize him for a variety of rea- evaluated his record, spoke with people priate for a judge to make such a com- sons, including his methodology and who know him personally, and re- mitment, whether asked to do so by charges that he is somehow extreme or viewed the Judiciary Committee’s ex- the White House or a U.S. Senator. outside of the mainstream. But I have tensive hearing record. While I have Neil Gorsuch is not a judge who not heard one Senator suggest that not agreed with every decision Judge brings his personal views on any policy Judge Gorsuch lacks the intellectual Gorsuch has made, my conclusion is issues into the courtroom. If it can be ability, academic credentials, integ- that he is eminently well qualified to said that Judge Gorsuch would bring a rity, temperament or experience to serve on our Nation’s highest Court. philosophy to the Supreme Court, it serve on the U.S. Supreme Court. Yet Judge Gorsuch has sterling academic would be his respect for the rule of law it is exactly those characteristics that and legal credentials. In 2006, the Sen- and his belief that no one is above the the Senate should be evaluating when ate confirmed this outstanding nomi- law, including any President or any exercising its advice and consent duty. nee by a voice vote to his current posi- Senator. tion on the U.S. Court of Appeals. A I am convinced that Judge Gorsuch This is especially true when Senators rollcall vote was neither requested nor does not rule according to his personal contemplate taking the extreme step required. views, but rather follows the facts and of filibustering a Supreme Court nomi- Judge Gorsuch’s ability as a legal the law wherever they lead him, even if nation. As you well know, unfortu- scholar and judge has earned him the he is personally unhappy with the re- nately, it has become Senate practice respect of members of the bar. The sult. To paraphrase his answer to one of late to filibuster almost every ques- American Bar Association Standing of my questions about putting aside his tion before this body simply as a mat- Committee on the Federal Judiciary personal views, he said that a judge ter of course. But that would be a seri- has unanimously given him its highest who is happy with all of his rulings is ous mistake in this case, and it would possible rating of ‘‘well qualified.’’ likely not a good judge. further erode the ability of this great President Obama’s former Acting So- The reverence that Judge Gorsuch institution to function. In 2005, when licitor General testified before the Ju- holds for the separation of powers, the Senate was mired in debate over diciary Committee in support of Judge which is at the core of our American how to proceed on judicial nomina- Gorsuch, praising him as fair, decent, democracy, was also evident in our dis- tions, a bipartisan group of 14 Senators and committed to judicial independ- cussion. As he reiterated throughout proposed a simple and reasonable ence. his confirmation hearing, the duty to standard. That group—of which I am I have also received a letter signed by write the laws lies with Congress, not proud to have been a part—declared 49 prominent Maine attorneys with di- with the courts and not with the execu- that for Federal court nominations a verse political views, urging support tive branch. Members of this body Senator should only support a fili- for Judge Gorsuch’s nomination. They should welcome his deep respect for buster in the case of extraordinary cir- wrote: that fundamental principle. cumstances. Gorsuch’s judicial record demonstrates his Judge Gorsuch’s record demonstrates Since coming to the Senate, I have remarkable intelligence, his keen ability to that he is well within the mainstream voted to confirm four Justices to the discern and resolve the central issues at dis- of judicial thought. He has joined in Supreme Court. Two were nominated pute in a legal proceeding . . . and his dedi- more than 2,700 opinions, 97 percent of by a Democratic President, and two cation to the rule of law rather than per- sonal predilections. His judicial record also which were unanimously decided, and were nominated by a Republican Presi- confirms that he is committed to upholding he sided with the majority 99 percent dent. Each was confirmed: Chief Jus- the Constitution, enforcing the statutes en- of the time. tice Roberts by a vote of 78 to 22, Jus- acted by Congress, and restraining overreach I asked Judge Gorsuch how he ap- tice Alito by a vote of 58 to 42, Justice by the executive branch. proaches legal precedents. I asked him Sotomayor by a vote of 68 to 31, and In my view, these are precisely the if it would be sufficient to overturn a Justice Kagan by a vote of 63 to 37. qualities that a Supreme Court Justice long-established precedent if five cur- Before I became a Senator, this body should embody. rent Justices believed that a previous confirmed Justice Kennedy, 97 to 0; I ask unanimous consent that this decision was wrongly decided. He re- Justice Scalia, 98 to 0; Justice Thomas, letter be printed in the RECORD fol- sponded: ‘‘Emphatically no.’’ And that, 52 to 48; Justice Ginsburg, 96 to 3; and lowing my remarks. to me, is the right approach. He said a Justice Breyer, 87 to 9. Our personal discussion allowed me good judge always starts with prece- to assess the judge’s philosophy and dent and presumes that the precedent Note that two of the current mem- character. I told him that it was im- is correct. bers of the Supreme Court were con- portant to me that the judiciary re- During his Judiciary Committee firmed by fewer than 60 votes, but con- main an independent check on the hearing, Judge Gorsuch described sistent with the standard that we es- other two branches of government as precedent as ‘‘the anchor of the law’’ tablished in 2005, neither one was fili- envisioned by our Founders. Therefore, and ‘‘the starting place for a judge.’’ bustered. I asked him specifically whether any- He has also coauthored a book on legal Even Robert Bork, whose contentious one in the administration had asked precedent with 12 other distinguished confirmation hearings are said to have him how he would rule or sought any judges, for which Justice Stephen been the turning point in the Senate’s commitment from him on any issue. He Breyer wrote the introduction. treatment of Supreme Court nomina- was unequivocal that no one in the ad- Now, there has been considerable dis- tions, was rejected by a simple failure ministration had asked him for such cussion over the course of this nomina- to secure a majority of votes—42 yeas promises or to prejudge any issue that tion process about the proper role of to 58 nays—not by a Senate filibuster. could come before him. He went on to the courts in our constitutional system In fact, the filibuster has been used say that the day a nominee answered of government. It is also important for successfully only once in modern his- how he would rule on a matter before it us to consider the roles that the execu- tory to block a Supreme Court nomina- was heard or promised to overturn a tive and legislative branches play in tion. That was an attempt to elevate legal precedent, that would be the end the nomination process. Justice Abe Fortas to be Chief Justice of an independent judiciary. Under the Constitution, the Presi- in 1968, nearly half a century ago. In During the Judiciary Committee dent has wide discretion when it comes that case, Justice Fortas ended up hearings, when Senator LINDSEY GRA- to nominations to the Supreme Court. withdrawing under an ethical cloud.

VerDate Sep 11 2014 23:53 Mar 28, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G28MR6.005 S28MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S2022 CONGRESSIONAL RECORD — SENATE March 28, 2017 The result of the votes on Justice quest that you support the confirmation of The Senator from Missouri. Alito’s nomination are also illu- Judge Neil M. Gorsuch as Associate Justice Mr. BLUNT. Mr. President, I come minating. In 2006 Senators voted to in- of the United States Supreme Court. today to talk about the nomination of Our practices are varied by geography, Judge Neil Gorsuch to serve on the voke cloture by a vote of 75 to 25. That practice area, size of firm, and type of clients is considerably more Senators than we represent. We also hold a diverse set of U.S. Supreme Court. Once again, those who ultimately voted to confirm political views. Nonetheless, we agree that throughout the hearings last week, him, which was accomplished by a vote Judge Gorsuch is exceptionally well quali- Judge Gorsuch proved that he has the of 58 to 42. Here again, Senators pro- fied to join the Supreme Court. knowledge, he has the temperament, ceeded to a ‘‘yes’’ or ‘‘no’’ vote on the As members of the Maine legal commu- and he has the experience to serve on nomination. nity, we have an interest in the nomination our Nation’s highest Court. He laid out of Judge Gorsuch. While most of us will Let me be clear. I do believe strongly a clear judicial philosophy that adheres that it is appropriate for the Senate to never have the opportunity to appear before the United States Supreme Court, each of us to what I think most Americans want use its advice and consent power to ex- has a strong interest in supporting the con- to see happen today on the Court and amine nominations carefully or even to firmation of highly qualified jurists who will what clearly the Framers of the Con- defeat them. In fact, I have voted maintain the Supreme Court’s commitment stitution thought would happen. against judicial nominees of three to the rule of law. The precedents estab- In his own words, Judge Gorsuch Presidents. But playing politics with lished by the Supreme Court affect each of said: ‘‘I have one client, it’s the law.’’ judicial nominees is profoundly dam- us and the fellow Mainers whom we serve as That is the way the Founders saw the our clients. aging to the Senate’s reputation and Supreme Court. They didn’t see it as a stature. It politicizes our judicial nom- As you have surely found during the nomi- nation process, Judge Gorsuch is eminently legislative body. All good judges had to ination process and threatens the inde- qualified to serve as Associate Justice. His do was to read the law. They didn’t pendence of our courts, which are sup- qualifications were recently confirmed by have to be happy with the law. They posed to be above partisan politics. the American Bar Association, which rated didn’t have to approve the law. They Perhaps most importantly, it under- him as ‘‘well qualified,’’ its highest rating. didn’t have to determine that the law mines the public’s confidence in the ju- Judge Gorsuch’s judicial record dem- and the Constitution met their exact onstrates his remarkable intelligence, his diciary. standard. They just had to determine Since the Founders protected against keen ability to discern and resolve the cen- tral issues at dispute in a legal proceeding, what the law and the Constitution said. the exertion of political influence on In fact, the first Supreme Court had six sitting Justices, the temptation to do his notably clear and concise writing style, and his dedication to the rule of law rather judges. There was no thought that it everything in one’s power to pick than personal predilections. His judicial was a legislative body that had to have nominees with the right views is under- record also confirms that he is committed to a tie-breaking judge so you could legis- standably very strong. But the more upholding the Constitution, enforcing the late. political Supreme Court appointments statutes enacted by Congress, and restrain- They thought six judges were plenty. become, the more likely it is that ing overreach by the Executive Branch. He By the way, they thought they needed voted with the majority in 98 percent of the Americans will question the extent to six circuits. Each of those judges rode which the rule of law is being followed. cases he heard on the Tenth Circuit, and was frequently joined by judges appointed by a circuit. So even when there was an It erodes confidence in the fair and im- appeal to the Supreme Court, one of partial system of justice, and it cul- Democratic Presidents. Seven of his opinions have been affirmed by the Supreme Court— the judges had already heard the case tivates a suspicion that judges are im- four unanimously—and none reversed. at the lower level. That judge heard posing their personal ideology. In sum, during his tenure on the U.S. Court The Senate has the responsibility to the case again and then listened to see of Appeals, Judge Gorsuch distinguished if that judge heard anything new, safeguard our Nation against a politi- himself as a judge who follows the law with something that might change their cized judiciary. The Senate should re- no regard for politics or outside influence. sist the temptation to filibuster a Su- We could not ask for more in an Associate mind. The other five of them were sit- preme Court nominee who is unques- Justice and we ask for your strong support of ting there with the appeal of one of tionably qualified, the temptation to him and vote of confirmation. their colleagues, and nobody saw that abandon the traditions of comity and Sincerely, as a problem because the Court wasn’t John J. Aromando; Brett D. Baber; Shawn about legislating. cooperation, and the temptation to fur- K. Bell; Daniel J. Bernier; Fred W. Bopp III; ther erode the separation of powers by The Court was about determining Timothy J. Bryant; Aaron D. Chadbourne; what the law should say. Again, Judge insisting on judicial litmus tests. It is John W. Chapman; Michael J. Cianchette; Gorsuch said: ‘‘I have one client, it’s time for the Senate to rise above par- Roger A. Clement, Jr.; Randy J. Creswell; tisanship and to allow each and every Christopher M. Dargie; Avery T. Day; Bryan the law.’’ It is not the little guy. It is Senator to cast an up-or-down vote on M. Dench; Thomas R. Doyle; Michael L. not the big guy. It is not the medium- this nominee. Dubois; Joshua D. Dunlap; Charles S. size guy: It is the law. He was asked This nomination deserves to move Einsiedler, Jr. over and over: Are you going to find for James R. Erwin; Kenneth W. Fredette; Jus- the little guy or the big guy? Well, that forward, as the dozens of distinguished tin E. French; Benjamin P. Gilman; Kenneth Maine attorneys who wrote to me in is not the judge’s job. The judge’s job is F. Gray; P. Andrew Hamilton; Jeffrey W. to read the law so both the little guy support of his nomination said: Jones; Ralph I. Lancaster, Jr.; Ronald P. In sum, during his tenure on the U.S. Court Lebel; Tyler J. LeClair; Scott T. Lever; Wil- and the big guy know when they are in of Appeals, Judge Gorsuch distinguished liam P. Logan; Holly E. Lusk; Chase S. Mar- court that this is a country where the himself as a judge who follows the law with tin; Sarah E. Newell; Bradford A. rule of law matters. They know, when no regard for politics or outside influence. Pattershall; Dixon P. Pike; Gloria A. Pinza. they enter into a contract, that if you We could not ask for more in an associate Susan J. Pope; Michael R. Poulin; Norman and your lawyer have read the law Justice. J. Rattey; Daniel P. Riley; Adam J. Shub; right, there shouldn’t, at the end of the I agree, and I look forward to the Joshua E. Spooner; Robert H. Stier, Jr.; Pat- day, be very much gray space about rick N. Strawbridge; Alexander R. Willette; confirmation of Judge Neil Gorsuch to what that contract said. be a Justice of the U.S. Supreme Court. Timothy C. Woodcock; Eric J. Wycoff; Sarah S. Zmistowski; Thad B. Zmistowski. Throughout his career, Judge There being no objection, the mate- Gorsuch has demonstrated his commit- rial was ordered to be printed in the Ms. COLLINS. I yield the floor. Seeing no one seeking recognition, I ment to interpret the Constitution as RECORD, as follows: suggest the absence of a quorum. it is written, applying the rule of law MARCH 23, 2017. The PRESIDING OFFICER (Mr. and not legislating from the bench. Re: Nomination of Judge Neil Gorsuch. FLAKE). The clerk will call the roll. ‘‘Judges are not politicians in robes.’’ I Hon. SUSAN M. COLLINS, The legislative clerk proceeded to think that may be another Gorsuch U.S. Senator, Dirksen Senate Office Building, call the roll. comment: ‘‘Judges are not politicians Washington, DC. Ms. COLLINS. Mr. President, I ask in robes.’’ If he didn’t say it, his career Hon. ANGUS S. KING, as a judge shows that he believes it. U.S. Senator, Hart Senate Office Building, unanimous consent that the order for Washington, DC. the quorum call be rescinded. Unfortunately, some of my colleagues DEAR SENATORS COLLINS AND KING: The un- The PRESIDING OFFICER. Without have shown that their deference to the dersigned Maine attorneys respectfully re- objection, it is so ordered. Constitution is not the same when it

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Such a maneuver would only Let me go back to the other quote The legislative clerk proceeded to be an affront to our national norms. here for a minute. What was it that the call the roll. I don’t know in the history of the Senator from New York said? ‘‘Judge Mr. DURBIN. Mr. President, I ask country—I think there was one fili- Gorsuch was unable to sufficiently con- unanimous consent that the order for buster led by Democrats against a vince me that he’d be an independent the quorum call be rescinded. nomination by a Democrat President check’’ on the executive branch. I am The PRESIDING OFFICER. Without when Lyndon Johnson nominated Abe not even sure I know where in the Con- objection, it is so ordered. Fortas to move from Associate Justice stitution that is the job of the judge. Mr. DURBIN. Mr. President, I rise to to the Chief Justice’s role. It didn’t The job of the judge is to read the law speak on the nomination of Judge Neil happen in 1968 because it was a Presi- and look at the Constitution. The job Gorsuch to serve on the U.S. Supreme dential year and Justices don’t get con- of the Congress is to pass the law. The Court. It is important to reflect for a mo- firmed in the Supreme Court in a Pres- job of the President is to sign the law. ment on how we have reached this mo- idential year in vacancies that hadn’t Unless there is some constitutional ment. It has been more than a year even occurred yet. No. 2, it was led by problem with that law, it is not the since the untimely passing of Justice Democrats in a Senate that had an judge’s job to decide whether the law is Antonin Scalia in February of 2016. overwhelming Democratic majority. right or not, unless there is a constitu- Under article II, section 2 of the U.S. There has never been a partisan fili- tional reason to do that. Constitution, President Barack Obama buster effort involving any Justice on Last week, I mentioned Judge had a duty to make a nomination to the Supreme Court until right now— Gorsuch’s qualifications for the bench, fill that vacant seat. He met that obli- until right now—and I am disappointed but I think they bear repeating as we gation by nominating Chief Judge that that is what the Democratic lead- enter the next few days. As a graduate of Columbia University, a graduate of Merrick Garland in March of 2016. er of the Senate says he wants to do. Yet the leader of the Senate Repub- According to Robert David Johnson, Harvard Law and Oxford University, licans, Majority Leader MCCONNELL, a Brooklyn College history professor, his academic credentials are at the announced that, for the first time in ‘‘The chances of success’’ of a partisan highest level. Judge Gorsuch has the 230-year history of the Senate, he filibuster ‘‘are basically zero.’’ So my served his country admirably as a Su- would refuse the President’s nominee, thought would be: Why pursue it? preme Court clerk, first for a Democrat Kim Strassel recently wrote in the on the Court, Byron White, who had Judge Garland, a hearing and a vote. Wall Street Journal: ‘‘Never in U.S. been appointed by President Kennedy, Senator MCCONNELL further said that history have we had a successful par- and for a Republican appointee, An- he would refuse to even meet with tisan filibuster of a Supreme Court thony Kennedy, appointed by President Judge Garland. It was a transparent nominee.’’ Reagan. He has been the principal Dep- political decision made by the Repub- In the last half century, only three uty Associate Attorney General of the lican leader in the hopes that a Repub- Supreme Court Justices have even United States at the Department of lican would be elected President and faced a filibuster. The most recent, Justice, and in 2006, George W. Bush fill the vacancy. It was part of a broad- Justice Alito, was ultimately con- nominated him to serve on the Tenth er Republican political strategy to in- firmed when 19 Democrats refused to Circuit Court of Appeals. The Senate fluence, if not capture, the judicial back the filibuster of his nomination. unanimously confirmed his position at branch of government on every level of He had the full vote, and he got a ma- that time. Every single Democrat—12 the court system. jority vote. of them now serving in the Senate who Not only did the Senate Republicans One would think that if Senate were in office, supported his nomina- keep a Supreme Court seat vacant for Democrats are willing to upend Senate tion in 2006. In the decade that he over a year, they turned the Senate’s tradition to block this nomination, served on the Tenth Circuit Court, he Executive Calendar into a nomination they would have an unassailable reason has shown independence, integrity, and obituary column for 30 other judicial to block it. They would be saying this he has shown a mainstream judicial nominees who had been reported out of judge is not qualified. This judge hasn’t philosophy. He has demonstrated a the Judiciary Committee with bipar- served his time. We don’t know what legal capacity that makes him a wor- tisan support. They were hoping a Re- he would do as a judge. He has been on thy successor to Justice Scalia on the publican President would fill all of the circuit court of appeals for a dec- Court. There is no precedent for requir- those seats, and they were prepared to ade, and when looking at case after ing a 60-vote threshold to confirm a Su- leave them vacant for a year or more case, appeal after appeal, we see his un- preme Court Justice, and Judge to achieve that end. believably fine record as a judge. Gorsuch has given this body no reason What kind of nominees were they In announcing his intention to to demand one now. hoping for? Nominees who had been mount this filibuster, the leader of the I look forward to supporting his nom- blessed by special interests, by big Democrats in the Senate said that ination. It will reach the Senate floor, business, and by Republican advocacy Judge Gorsuch ‘‘was unable to suffi- I believe, after the Judiciary Com- organizations. ciently convince me that he’d be an mittee deals with it early next week. I It was last year that then-Candidate independent check’’ on the executive hope by the time we leave here a week Donald Trump released a list of 21 po- branch. The American Bar Association from Friday that Judge Gorsuch is on tential Supreme Court candidates who unanimously gave Judge Gorsuch’s his way to join the Supreme Court as were handpicked by two Republican ad- nomination their highest rating. They an Associate Justice. By the way, if he vocacy groups—the Federalist Society disagree. As they explained, ‘‘based on does that, he will be the first Associate and the Heritage Foundation. I am not writings, interviews, and analyses we Justice ever to serve on the Court with speculating on the fact that they were scrutinized to reach our rating, we dis- a Justice for whom he clerked two dec- chosen by those two groups, as Presi- cerned that Judge Gorsuch believes ades or more ago. When he and Justice dent Trump publicly thanked the strongly in the independence of the ju- Kennedy get a chance to serve to- groups for giving him a list of names dicial branch of government, and we gether—I look forward to seeing that with which to fill the vacancies on the predict that he will be a strong but re- happen. Supreme Court. It was unprecedented spectful voice in protecting it.’’ ORDER FOR RECESS for anyone, including a candidate for This is from the American Bar Asso- Mr. President, I ask unanimous con- President, to outsource the judicial se- ciation, which many of my colleagues sent that the Senate recess from 12:30 lection process to special interest

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The only judge who from the Federalist Society, which was from this hearing firmly convinced found for the trucking company was one of these Republican advocacy that I must oppose the nomination of Neil Gorsuch. groups. Eventually, Judge Gorsuch Neil Gorsuch. Judge Gorsuch’s dissent claimed that made it to the interview stage with Here are the reasons: he was merely looking at the plain text President Trump’s inner circle. He met Judge Gorsuch favors corporations of the law and the dictionary’s defini- with Steve Bannon, Reince Priebus, and elites over the rights and voices of tion and that was why Al Maddin had and President Trump himself. Those Americans, often using selective been fired. But the Tenth Circuit ma- men each took the measure of Judge textualism to advance his agenda. jority said that Neil Gorsuch was cher- Gorsuch and gave him their approval Judge Gorsuch’s hearing reinforced my ry-picking one dictionary’s definition to serve for a lifetime appointment on fear that he would lean toward cor- to come to his conclusion. Other dic- the highest Court in the land. Presi- porations and special interest elites at tionaries and the law’s purpose of pro- dent Trump, who had announced nu- the expense of American workers and tecting health and safety had been ig- merous litmus tests for judicial nomi- families. nored by Judge Gorsuch. nations, appeared very satisfied with Big business and special interests Republican nominees like Judge Neil Gorsuch as his nominee. have found a friend under the Roberts Gorsuch often claim they are using the The President’s Chief of Staff, Reince Supreme Court. I noted at the hearing supposedly neutral philosophies of Priebus, even said: ‘‘Neil Gorsuch . . . a study by the Constitutional Account- originalism and textualism to guide represents the type of judge that has ability Center that found that under their decision making, but Al Maddin’s the vision of Donald Trump.’’ Chief Justice John Roberts the Su- case shows how Judge Gorsuch used a There was certainly no political sub- preme Court has ruled for positions selective choice of text to advance a tlety in that evaluation. that have been advocated by the Cham- pro-business agenda at the expense of After Judge Gorsuch’s nomination ber of Commerce 69 percent of the this American worker. was announced, a dark money machine time. There are many other cases in Judge shifted into gear. A national campaign, I am concerned, based on a review of Gorsuch’s record that demonstrate this which cost at least $10 million, was his record, that Judge Gorsuch is like- trend, leading the Associated Press to launched to support the Gorsuch nomi- ly to increase the pro-business leanings say that Gorsuch’s workers’ rights nation. Because it is dark money, there of the Roberts Court. In a series of de- opinions are ‘‘often sympathetic but is no disclosure about who is cisions—and I have read many of coldly pragmatic, and they’re usually bankrolling this effort, but it is a safe them—involving workers’ rights, dis- in the employer’s favor.’’ bet that the suppliers of dark money crimination claims, consumer rights, Take a look at the Hobby Lobby have at least a passing interest in cases and access to the courts, Judge case. In that case, Judge Gorsuch ex- before the U.S. Supreme Court. Gorsuch has, time and again, favored panded the idea that a corporation—a Despite this unprecedented and un- corporations. He has often substituted business—is a person. Why? He wanted settling process that led to Judge his own judgment for those of the agen- to permit a for-profit corporation to Gorsuch’s nomination, the Democrats cies that are tasked with protecting impose its owners’ personal religious on the Senate Judiciary Committee the workers. beliefs on more than 13,000 employees gave Judge Gorsuch a courtesy that No case was more egregious than the who worked at that corporation and to Republicans denied to Judge Garland— TransAm Trucking case, which was limit their access to healthcare under a hearing and a vote. Why? Because brought up repeatedly at the hearing. insurance policies. Senate Democrats take the Constitu- The facts are pretty well known by In finding for the corporation, Judge tion seriously. We do not turn our now. In January, Alphonse Maddin, a Gorsuch barely acknowledged that this backs on the constitutional responsi- truck driver from Detroit, was stuck decision burdened these thousands of bility of advice and consent, even on the side of Interstate 88 in my home employees and their personally con- though that is exactly what our Repub- State of Illinois, and it was 14 degrees stitutionally protected religious beliefs lican colleagues did when it came to below zero outside. The brakes on his and choices. Merrick Garland. trailer were frozen. After waiting for a Judge Gorsuch also has a troubling Last week, the Senate Judiciary repair truck for several hours without record when it comes to protecting the Committee met for 4 days to consider his having any heat in the cab of his rights of Americans with disabilities the Gorsuch nomination. In leading up truck, Alphonse Maddin’s body was and those who are victims of discrimi- to the hearing, I made it clear on the starting to go numb. He called the nation. It was quite a scene when, last Senate floor that I thought that Judge trucking company one more time. week, in the midst of our hearing on Gorsuch had a burden to bear at that They said: You have two options—stay Judge Gorsuch, the Supreme Court hearing. in that truck or drag that frozen trail- issued a unanimous ruling that re- On February 2, I said here on the er down the interstate highway. jected a standard that had been created floor that Judge Gorsuch needed to Both of those options were a risk to by Judge Gorsuch. I am sure that has demonstrate that he would be a nomi- health and safety and common sense. never happened in history. This stand- nee who would uphold and defend the So, instead, Al Maddin unhitched the ard, which Judge Gorsuch had pro- Constitution for the benefit of every- broken-down trailer and drove to a gas moted for a case in which he wrote the one, not just for the advantage of a station to fuel up and get warm and majority opinion, weakened protec- privileged few who happened to engi- then returned to the disabled trailer. tions for students with disabilities neer his nomination. For this, the company fired him, and under the Individuals with Disabilities I also said that Judge Gorsuch need- that firing blackballed him from ever Education Act. ed to be forthright with the American working as a truck driver again. In 2008, Judge Gorsuch wrote in the people about his record and his views. I Al Maddin came by my office and ex- Luke P. case that, under the IDEA, made it clear that avoiding answers to plained what he did. He had heard that schools need only to provide edu- critical questions was unacceptable. there was some Federal agency that cational benefits to students with dis- I said that he needed to demonstrate might consider what he had considered abilities that are merely more than de that he would be an independent check to be an unfair firing, so he went down minimis. on President Trump and every Presi- to the agency and took out a ballpoint At issue was the legal responsibility dent and that he was prepared to dis- pen and filled out the complaint in of a school district to provide edu- appoint the President and the right- longhand without the advice of counsel cational opportunities for a child with

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Then, when his family moved to lege professor; an age discrimination do the exact opposite by outlawing a new home, he had to change school claim that was brought by two mainte- cruel, inhuman, and degrading treat- districts. At his new school, Luke nance workers; a race discrimination ment. began to lose the skills he had gained. claim that was brought by an African- Judge Gorsuch testified that he was His behavior was worse. American grocery store employee who simply an attorney working for a cli- After unsuccessful attempts to ad- was called a ‘‘monkey’’ by his super- ent, but Gorsuch’s email correspond- dress these concerns, Luke’s parents visor; a gender and disability discrimi- ence revealed that he was viewed as a decided that they ‘‘could not in good nation claim that was brought by a fe- ‘‘true loyalist’’ to the Republican ad- conscience continue to expose their male county accountant with multiple ministration. And this is a client that son, Luke, to this environment that sclerosis; and a discrimination claim the judge actively lobbied to serve, was so detrimental to his educational that was brought by a transgender even though their troubled record on and behavioral development.’’ They de- woman who sought to use the restroom torture was already a matter of public cided to enroll Luke in a residential of her gender identity. record. school that was dedicated to the edu- The case of Grace Hwang was par- These documents from Gorsuch’s ten- cation of children with his type of au- ticularly troubling to me. Ms. Hwang ure at the Department of Justice, tism spectrum disorder. had been a college professor for 15 which were not available during his A due process hearing officer, a Colo- years. Then she was diagnosed with earlier confirmation hearing for the rado State administrative law judge, cancer. She needed a bone marrow Tenth Circuit, provide a revealing look and a Federal district court all found transplant, so they gave her 6 months at his beliefs on Executive power. They that the school district had failed to of sick leave. As it was about to expire, raise deeply troubling questions about provide the education that was guaran- they told her to return to the class- what Judge Gorsuch would do if he is teed to Luke under the Federal law of room. Just at this same time, a flu epi- called upon to stand up to this Presi- IDEA and that it was, therefore, re- demic was sweeping across the campus. dent or any President who claims the quired to reimburse the cost of the pri- Ms. Hwang asked to extend her leave power to ignore laws that protect fun- vate residential school placement that and work from home so she wouldn’t damental human rights. Luke needed. get infected. She felt especially vulner- For the majority of questions from His parents were desperate to give able, having just had a bone marrow Democratic Senators at his hearing, Luke a chance in life, but then Judge transplant. Judge Gorsuch failed to meaningfully Gorsuch ruled against them. In so The university denied her request respond. He had a standard set of eva- doing, he created a new, lower standard and terminated her employment be- sions and nonanswers that he used for school districts in the process. cause she asked to be protected from whenever he was asked about funda- I asked Judge Gorsuch about this. He this flu epidemic. Judge Gorsuch au- mental legal principles and landmark claimed he was just following the law thored an opinion upholding the dis- cases. It didn’t take long before this and precedent, but as I pointed out at missal of Ms. Hwang’s disability dis- Senator, and many others, could finish the hearing, that was not accurate. A crimination complaint. his sentences before he started. Judge Gorsuch would not let a jury legal analysis showed that Judge In ducking these critical questions, consider the reasonableness of her re- Gorsuch was the first judge in that cir- Judge Gorsuch ended up saying noth- quest. Instead, he wrote that six cuit to add the word ‘‘merely’’ to the ing to assuage my concerns about months’ leave was ‘‘more than suffi- standard. Reince Priebus’s pronouncement that cient’’ and wrote that the purpose of Luke P.’s father, Jeff, testified at the Judge Gorsuch ‘‘has the vision of Don- disability law is ‘‘not to turn employ- hearing and said that Judge Gorsuch’s ald Trump.’’ ers into safety net providers for those ‘‘subtle wordcraft’’ had the effect of The Supreme Court must serve as an who cannot work.’’ independent check on President ‘‘further restricting an already re- Grace Hwang’s children said that stricted precedent with, unfortunately, Judge Gorsuch’s opinion ‘‘removed the Trump, not a rubberstamp. But Judge my son in the bull’s-eye of that deci- human element from the equation. It Gorsuch wouldn’t even comment on the sion.’’ did not bring justice.’’ original meaning of the Constitution’s What did Chief Justice John Roberts Also, during the hearing, Judge emoluments clause, apparently for fear of the U.S. Supreme Court say of the Gorsuch refused to distance himself of possibly implicating the President Gorsuch standard? Here is what he from the extreme and bigoted views of who nominated him. said: ‘‘When all is said and done, a stu- one of his college professors and his Judge Gorsuch might not be the first dent offered an educational program dissertation supervisor, Professor John nominee to avoid answering questions providing ‘merely more than de mini- Finnis, a man whom he has publicly about his views, but he went further mis’ progress [Gorsuch’s words] from praised. than others. As a result, members of year to year can hardly be said to have Overall, Judge Gorsuch’s record the committee can look only to his ju- been offered an education at all.’’ raised serious concerns about what his dicial record and his work for the Jus- The Supreme Court sent a strong confirmation would mean for the vul- tice Department to decide their vote message when they released this opin- nerable and the victimized. for this lifetime appointment on the ion in the midst of Judge Gorsuch’s We also came to learn that Judge Supreme Court. hearing. The Court unanimously said Gorsuch was an aggressive defender of His record on the bench and his that the Judge Gorsuch standard was Executive power when he worked at record at the Justice Department make inconsistent with the law. On this the Justice Department during the it clear that Judge Gorsuch is not the issue, Judge Gorsuch, the nominee, is Bush administration. In June 2004, right person to serve in the highest somewhere to the right even of Justice after the terrible Abu Ghraib torture Court in the land. We all want judges Clarence Thomas. This case is not an scandal, I offered the first legislation to follow the law and apply the facts outlier. In fact, an analysis of his dis- to ban cruel and inhuman treatment of fairly, but it is naive to believe that ability decisions shows that Judge detainees. This legislation ultimately this is some kind of robotic exercise. Gorsuch has ruled against disabled stu- became the McCain torture amend- Every judge brings some values to the dents in 8 out of 10 IDEA cases. ment, which, despite a veto threat by court. In close cases, those values can There was also a consistent pattern President Bush, passed this Senate in tip the meaning of the law or even the of Judge Gorsuch’s record on discrimi- 2005 by an overwhelming 90-to-9 vote. facts before the court. One key purpose nation and retaliation involving em- But Judge Gorsuch advocated that of these hearings is to provide reassur- ployers. Bloomberg BNA analyzed this the President should issue a statement ance that the nominee’s values are in

VerDate Sep 11 2014 23:53 Mar 28, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G28MR6.010 S28MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S2026 CONGRESSIONAL RECORD — SENATE March 28, 2017 the American mainstream. I did not cision—a necessary and potentially doesn’t automatically make it of inter- find this assurance in Judge Gorsuch’s tragic function of any republic. And it est to the American people. It doesn’t testimony last week, and I certainly might be necessitated by the need to automatically mean that the benefits didn’t find it in his record. He received safeguard the rights and the freedoms outweigh any risks to the American a fair hearing, but he did not earn my of the government’s own citizens from people by bringing this country into vote. foreign states—from those who would NATO. Because Republicans control the Sen- harm us. Yet we should enter into On the other hand, I believe the risks ate, we can expect Judge Gorsuch to be those wars and enter into any alliances could outweigh the benefits to the det- reported out of the Judiciary Com- that could lead to war only after ut- riment of the American people and re- mittee next week and then to receive a most deliberation and strategic consid- sult in more of our servicemembers vote on the Senate floor. But no one eration, focusing specifically on the being deployed overseas and at risk. should be surprised that Judge Gorsuch well-being of the American citizens— The resolution of ratification on which will need to meet the threshold of 60 those people whom we are sworn to the Senate is voting states that ‘‘an at- Senate votes in order to be confirmed. protect, those people whose safety is at tack against Montenegro, or its desta- Majority Leader MCCONNELL has stake whenever we go to war. bilization arising from external subver- made clear time and again that 60 That is why, for the past several sion, would threaten the security of votes is the standard for matters of months, I have asked that the Senate Europe and jeopardize United States controversy in this Senate. I will cite a have a rollcall vote on the measure to national security interests.’’ few of the leader’s more memorable ratify Montenegro’s accession to the This makes NATO responsible not quotes. North Atlantic Treaty, and that is why only for external security but for com- On December 2, 2007, Senator MCCON- I will be casting my vote against ex- bating destabilization in a historically NELL said: ‘‘I think we can stipulate panding NATO later today. volatile part of the world. Undertaking once again for the umpteenth time Of course, treaties and alliances with obligations like this only increases the that matters that have any level of other countries can be beneficial; there likelihood of Americans being placed in controversy about it in the Senate will is no question about that. But the harm’s way, of our brave young service require 60 votes.’’ Founders of this country understood men and women having to go into a po- On October 28, 2009, Senator MCCON- that their seriousness needs also to be tential field of battle. NELL said: ‘‘Well, it’s fairly routine considered—that the seriousness of a Further, expanding NATO does not around the Senate that controversial treaty needs to be taken into account address some of the systemic problems matters require 60 votes.’’ in the same way that you have to con- that U.S. administrations from both Then again, on July 17, 2007, Senator sider very carefully the seriousness of sides of the aisle have long pressed to MCCONNELL said: ‘‘Sixty votes in the going to war, and for the very same their European counterparts: the fail- Senate? As common as gambling in Ca- reasons. That is why both of these pow- ure of many NATO countries to meet sablanca.’’ ers—the power to make and ratify trea- decades-old defense spending obliga- Sixty votes is a threshold that Su- ties and the power to declare and exe- tions and the increasingly concerning preme Court nominees have met for the cute war—are given not to one single behavior of some NATO members. past quarter century. If a Supreme branch of the Federal Government, but For example, several weeks ago it Court nominee cannot garner 60 votes rather they are shared by the legisla- was announced that American military in the Senate, then the President tive and executive branches acting to- personnel are now being used in north- should put forward a new nominee. gether. In addition to this, treaty rati- ern Syria for the purpose of preventing We are at a unique moment in his- fication requires not just a majority infighting between one of our NATO al- tory. The President has already fired vote, but a two-thirds supermajority lies—Turkey—and our Kurdish allies in an Attorney General and had his un- vote within the Senate. the coalition against ISIS. This was constitutional Executive actions The United States should enter into followed in short order by a diplomatic blocked by many Federal courts. The treaties and alliances with foreign na- crisis between Turkey and the Nether- President, in the first few weeks, has tions that will enhance the ability of lands—both NATO allies—in which the also launched unprecedented attacks American citizens to exercise their Turkish President accused the Dutch on the integrity of the Federal judici- rights and freedoms and to safeguard Government of fascism. European Com- ary. And now the Federal Bureau of In- those same people. At the heart of the mission President Jean-Claude vestigation has confirmed it is inves- NATO alliance is the article 5 guar- Juncker in February rejected calls tigating Russian involvement in his antee for collective defense, stating, in from the Trump administration, which election. essence, that an attack against any were similar to pleas from the Obama A new bombshell is revealed almost one NATO ally will be perceived and re- administration, for European countries every day. sponded to as an attack against all. to increase their own defense spending In this context, the Senate cannot This means that the United States is in fulfillment of their existing obliga- simply rubberstamp a lifetime Su- obligated by treaty to make war be- tions through NATO. preme Court appointment for the cause of an attack on an ally, and Addressing such issues is much more President. Neil Gorsuch is the man those allies are obligated to us for the vital to the future of NATO and Amer- Donald Trump urgently wants on the same purpose and to the same extent. ican interests in Europe than further Supreme Court. That should give many This, of course, is a very significant rounds of expansion. Americans pause. It certainly gives agreement. It is one that we should Finally, some of my colleagues have pause to me. never take lightly. It is never one that argued that we should move forward I cannot support the nomination of we should just assume into existence with Montenegro’s accession into Neil Gorsuch. I will vote no when his any time we have a decision to make. NATO because the Russians oppose it, nomination comes before the Judiciary Simply put, I don’t see how the ac- just as the Russians have opposed all Committee next week, I will vote no on cession of Montenegro—a country with previous rounds of expansion. This is cloture, and I will oppose his nomina- a population smaller than most con- not the basis for a sound foreign policy. tion on the Senate floor. gressional districts and a military While the United States should not let Mr. President, I yield the floor. smaller than the police force of the another country have a veto over our The PRESIDING OFFICER. The Sen- District of Columbia—is beneficial national security decisions, it would be ator from Utah. enough that we should share an agree- equally unwise for the United States Mr. LEE. Mr. President, the most ment for collective defense. Monte- simply to engage in certain actions solemn and serious and consequential negro becoming a member of NATO is just because geopolitical adversaries act that the United States can under- certainly attractive to European coun- might oppose them. Such reactionary take at any moment is to make the de- tries because it makes the United statecraft contradicts the ideals of pru- cision to send Americans into war. States the security guarantor of yet dence and practicality that our Found- From time to time, war may be an un- another country in a region prone to ers hoped would guide our foreign pol- fortunate decision but a necessary de- instability and ethnic unrest, but that icy.

VerDate Sep 11 2014 23:53 Mar 28, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G28MR6.011 S28MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 28, 2017 CONGRESSIONAL RECORD — SENATE S2027 On a more practical level, it still contributed ably to the mission in Af- Montenegro’s accession to NATO is in doesn’t mean that we should just be ghanistan, which is the only time arti- our interest and urging that we sched- willing to put our Armed Forces in a cle 5 of NATO has been invoked. It was ule a prompt floor vote on the acces- position where our brave young men after the attacks of 9/11 on the United sion. Virtually all NATO members have and women might have to go into States, and our response was to go into already formally blessed Montenegro’s harm’s way as a result of the fact that Afghanistan. Montenegro joined us, inclusion in the alliance. So it is just a geopolitical adversary takes the op- along with our other NATO allies in the United States that hasn’t taken posite viewpoint. this effort. Montenegro also imposed this important step forward. Further, elected officials should not sanctions on Russia for its aggression The case for the Senate to support have their patriotism or loyalty to in Ukraine. Montenegro’s NATO accession is over- country questioned because of their un- Montenegro’s accession to NATO is whelming. That is why it is so frus- derstandable concerns about national also critically important for the wider trating that it has taken so long. With security, treaty obligations, and war. Balkan region, which faces increasing Senator JOHNSON, I cochaired the For- There are many thoughtful leaders and Russian influence and interference. eign Relations Committee hearing on policy experts who have legitimate After all, remember that the two major this subject back in September of last concerns—both, about Russia’s behav- wars of the last century, World Wars I year. In December and again in Janu- ior and about the direction of NATO— and II, started in the Balkans. We need ary, the Foreign Relations Committee and who support meaningful pressure to do everything we can to maintain approved Montenegro’s accession pro- against Russia through economic and stability there. This is one of the tocol, and efforts were made to secure diplomatic means, as well as the mod- things that I believe Montenegro’s ac- the necessary agreement for the full ernization of our strategic deterrent cession to NATO will help us do. We Senate to do the same. These efforts and missile defense systems. saw the increasing Russian influence have been blocked by just a few Sen- This vote, of course, is likely to pass and the increasing effort to destabilize ators, despite the overwhelming bipar- and Montenegro will become the new- the Balkans last year in Montenegro’s tisan support for approval. est member of NATO this year. It is my fall elections. I am glad that Montenegro’s acces- sincere hope that the country will be a Since those elections, Montenegrin sion is finally getting the vote in the constructive force in addressing the authorities have arrested several peo- Senate that it deserves. The United operational and mission problems that ple in connection with a coup attempt States has long stood for freedom and I have described and that the Trump and a plot to assassinate Montenegro’s democracy in Europe, and I urge my administration will press for needed re- Prime Minister. There is indisputable Senate colleagues to stand strong for forms. But I also hope that American evidence that ties both violent plots freedom and democracy now by voting diplomatic leaders and Congress will back to Russia, which was trying to to approve Montenegro’s accession to work to identify and act on the secu- eliminate a high-profile supporter of NATO. rity interests most relevant to the Montenegro’s accession to NATO and I yield the floor. American people and think more stra- install, instead, a pro-Kremlin political The PRESIDING OFFICER (Mr. tegically about our alliances and trea- party there. Montenegrin police are CRUZ). The Senator from South Da- ty partners in the future. still working with international au- kota. The PRESIDING OFFICER. The Sen- thorities to locate the suspected Rus- NOMINATION OF NEIL GORSUCH ator from New Hampshire. sian masterminds of these efforts. Mr. THUNE. Mr. President, last week Mrs. SHAHEEN. Mr. President, I But when the bipartisan codel from the Senate Judiciary Committee held come to the floor today to talk about the Senate and House, led by Senators hearings on Judge Neil Gorsuch’s nom- the importance of the Senate’s vote to MCCAIN and WHITEHOUSE, went to the ination to the Supreme Court. Every- ratify the accession of Montenegro into Munich Security Conference in Feb- thing we heard from this nominee con- the North Atlantic Treaty Organiza- ruary, we had a chance to meet with firmed what has been clear from the tion, or NATO. I am confident we will Montenegro’s Prime Minister beginning: Judge Gorsuch is the kind see an overwhelming, bipartisan major- Djukanovic. He told us in very vivid of judge all of us should want on the ity of our colleagues here in the Senate detail about the efforts to assassinate Nation’s highest Court. support Montenegro’s effort to join him and about Russia’s efforts to in- Judge Gorsuch obviously has a dis- NATO. This is in Montenegro’s inter- stall instead a pro-Russian govern- tinguished resume. He graduated with est, it is in Europe’s interest, and it is ment. Do we really think that Mr. honors from Harvard Law School and in the national security interest of the Putin, who desires nothing more than went on to receive a doctorate in legal United States. to weaken the NATO alliance, would philosophy from Oxford University, NATO is the most successful security work so hard to disrupt Montenegro’s where he was a Marshall scholar. alliance in history, and it is essential inclusion in NATO if he didn’t think it He clerked for two Supreme Court to the stability, freedom, and pros- would strengthen the alliance? Justices—Byron White and Anthony perity that Europe enjoys and that the Approving Montenegro’s accession to Kennedy—and he worked in both pri- United States has enjoyed, and, really, NATO would signal support for vate practice and at the Justice De- to that stability that has existed since Montenegro’s independence and sov- partment before being nominated to after World War II. NATO has provided ereignty and for their continued efforts the Tenth Circuit Court of Appeals, the security and stability for the free- to move towards the West and away where he has served with distinction doms we enjoy and the prosperity. from Russia. It would also demonstrate for 10 years. Montenegro’s accession to NATO will our solidarity with countries like Mon- He is widely regarded as a brilliant help the alliance become more resil- tenegro that Vladimir Putin is trying and thoughtful jurist and a gifted writ- ient, and it will deter Russian aggres- to bully, especially in light of our own er whose opinions are known for their sion on Europe’s eastern flank, which recent experience with Russian med- clarity. Most importantly, however, is why the alliance invited Montenegro dling in our Presidential election. Now Judge Gorsuch understands the proper to become its 29th member last year. is a critically important time to send role of a judge, and that role is to in- I agree that Montenegro is a small Russia the message that we will not terpret the law, not make the law; to country, but it is geopolitically impor- tolerate this behavior. Last fall, a bi- judge, not legislate; to call balls and tant. Its membership in NATO will partisan group of diplomats, national strikes, not to rewrite the rules of the complete the alliance’s control of the security experts, and former adminis- game. Adriatic coastline, and that will tration officials sent a letter to Con- It is great to have strong opinions. It strengthen NATO’s southern border. gress urging quick action on is great to have sympathy for causes or Since its independence from Serbia 10 Montenegro’s accession. organizations. It is great to have plans years ago, Montenegro has pursued in- Earlier this month, Secretary of for fixing society’s problems, but none clusion in Euro-Atlantic institutions, State Rex Tillerson wrote a letter to of those things has any business influ- and it has been a good partner to Senator MCCONNELL and Senator SCHU- encing your ruling when you sit on the NATO. For example, Montenegro has MER detailing the reasons bench. Your job as a judge is to apply

VerDate Sep 11 2014 23:53 Mar 28, 2017 Jkt 069060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G28MR6.013 S28MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S2028 CONGRESSIONAL RECORD — SENATE March 28, 2017 the law as it is written—and here is the Judge Gorsuch’s former clerks, except Let me repeat that last line: ‘‘That fundamental thing—even when you dis- for two currently clerking at the Su- makes 98 percent of his opinions unani- agree with it. preme Court, sent a letter on his nomi- mous even on a circuit where seven of ‘‘A judge who likes every outcome he nation to the chairman and ranking the 12 active judges were appointed by reaches is very likely a bad judge,’’ member of the Senate Judiciary Com- Democratic Presidents and five by Re- Judge Gorsuch said more than once. mittee. Here is what they had to say: publicans.’’ Why? Because a judge who likes every Our political views span the spectrum . . . Well, I wonder if the minority leader outcome he reaches is likely making but we are united in our view that Judge intended to suggest that the entire decisions based on something other Gorsuch is an extraordinary judge. . . . Tenth Circuit is composed of extremist than the law. That is a problem. Equal Throughout his career, Judge Gorsuch has judges or that all of the judges on the justice under the law, equal protection devoted himself to the rule of law. He be- Tenth Circuit lacked impartiality or under the law—these principles become lieves firmly that the role of the judge in our democracy is to apply the laws made by the meaningless when judges step outside independence, because, logically speak- political branches—that is, to adhere to our ing, if you are going to suggest that of their role and start changing the Constitution and statutes our elected rep- meaning of the law to suit their feel- Judge Gorsuch is an extremist, then resentatives have enacted, and not to con- you would have to argue that his col- ings about a case or their personal fuse those things with a judge’s own policy opinions. preferences. leagues who agreed with his opinions 98 Judge Gorsuch’s nomination has at- As law clerks who have worked at his side, percent of the time are extremists too. tracted support from both sides of the we know that Judge Gorsuch never resolves The truth is, Democrat opposition to political spectrum. I think the main a case by the light of his personal view of Judge Gorsuch has zero to do with what the law should be. Nor does he ever reason for that is because both liberals bend the law to reach a particular result he whether Judge Gorsuch meets the and conservatives know they can trust desires. qualifications of a Supreme Court Jus- Judge Gorsuch to rule based on the For Judge Gorsuch, a judge’s task is not to tice. It is obvious that the judge has all plain text of the law, irrespective of his usurp the legislature’s role; it is to find and the qualifications one could want in a personal opinions. Here is what Neal apply the law as written. That conviction, Justice. Democrats are opposing Judge Katyal, an Acting Solicitor General for rooted in his respect for the separation of Gorsuch because they are mad. They President Obama, had to say about powers, makes him an exemplary candidate are mad that their party didn’t win the Judge Gorsuch: to serve on the nation’s highest court. Presidential election, they are mad I have no doubt that if confirmed, Judge That is the unanimous opinion of 39 that their party doesn’t have control of Gorsuch will help to restore confidence in of Judge Gorsuch’s former law clerks, Congress, and they are mad that they the rule of law. His years on the bench reveal whose political views in their own are having to consider a judge nomi- a commitment to judicial independence—a words ‘‘span the spectrum.’’ Unfortu- nated by a Republican President. It record that should give the American people nately, no amount of testimony in doesn’t matter how qualified Judge confidence that he will not compromise prin- favor of Judge Gorsuch will ever be Gorsuch is, how impartial he is, how ciple to favor the President who appointed enough for some Senate Democrats. him. independent he is, some Democrats are The Senate minority leader took to just going to oppose him anyway. The Colorado Springs Gazette re- the floor last week to announce a de- cently highlighted a letter signed by 96 termination to oppose Judge Gorsuch’s This isn’t the first time Judge prominent Colorado lawyers and judges nomination. He also announced his de- Gorsuch has been before this body. and sent to the senior Senator from termination to push for a filibuster of Back in 2006, the Senate considered Colorado. Here is what those individ- Judge Gorsuch’s nomination. The mi- Judge Gorsuch’s nomination to the uals had to say about Judge Gorsuch: nority leader’s reasons? Well, for start- Tenth Circuit. At that time, the We hold a diverse set of political views as ers, the minority leader apparently judge’s nomination sailed through the Republicans, Democrats, and Independents. doesn’t trust that Judge Gorsuch will Senate. Both of his home State Sen- Many of us have been critical of actions ators—one a Republican and one a taken by President Trump. Nonetheless, we use the bench to implement the lead- er’s preferred policies. He disagrees Democrat—supported his nomination, all agree that Judge Gorsuch is exception- and he was confirmed by unanimous ally well qualified to join the Supreme with some of Judge Gorsuch’s deci- Court. We know Judge Gorsuch to be a per- sions, and he apparently considers that vote. Then-Senator Obama could have son of utmost character. He is fair, decent, sufficient grounds to bar Judge objected to the nomination, but he and honest, both as a judge and a person. His Gorsuch from the Supreme Court. The didn’t. The current minority leader, record shows that he believes strongly in the minority leader demonstrated little in- who was serving in the Senate at that independence of the judiciary. terest in whether Judge Gorsuch’s time, could have objected to the nomi- A former law partner and friend of legal interpretations were correct. For nation, but he didn’t. Senators Biden Judge Gorsuch—a friend who describes the minority leader, judging is about or Clinton could have objected to the himself as ‘‘a longtime supporter of getting one’s preferred outcome, irre- nomination, but they didn’t. Why? Pre- Democratic candidates and progressive spective of what the law actually says. sumably because they saw what almost causes’’—had this to say about the The minority leader also mentioned everybody sees today: that Judge judge: another reason for opposing Judge Gorsuch is exactly the kind of judge we Gorsuch’s approach to resolving legal prob- Gorsuch: He doesn’t trust the judge to want on the bench—supremely quali- lems as a lawyer and a judge embodies a rev- be independent or impartial, even fied, thoughtful, fair, and impartial. It erence for our country’s values and legal sys- though liberals and conservatives alike is incredibly disappointing that some tem. The facts developed in a case matter to have praised Judge Gorsuch’s independ- Democrats are now planning to oppose him; the legal rules established by legisla- this eminently qualified Supreme tures and through precedent deserve deep re- ence and impartiality as two of his de- spect; and the importance of treating liti- fining characteristics. Court nominee simply because they gants, counsel and colleagues with civility is The minority leader also made the can’t deal with losing an election. deeply engrained in him. . . . laughable claim that Judge Gorsuch is The Senate has a 230-year tradition I have no doubt that I will disagree with somehow out of the judicial main- of approving Supreme Court nominees some decisions that Gorsuch might render as stream. Well, let me quote what the by a simple majority vote. There has a Supreme Court Justice. Yet, my hope is to Wall Street Journal said on this sub- have Justices on the bench such as Gorsuch never been a successful partisan fili- . . . who approach cases with fairness and in- ject. In February, the Journal wrote: buster of a Supreme Court nominee in tellectual rigor, and who care about prece- Judge Gorsuch has written some 800 opin- 230 years, and the only ones who have dent and the limits of their roles as judges. ions since joining the Tenth Circuit Court of ever attempted one are the Democrats. Again, that is from a self-described Appeals in 2006. Only 1.75 percent (14 opin- Well, some Democrats may follow the ions) [out of 800] drew dissent from his col- minority leader in opposing Judge ‘‘longtime supporter of Democratic leagues. That makes 98 percent of his opin- candidates and progressive causes.’’ ions unanimous even on a circuit where Gorsuch. I am hopeful that others will During his years on the bench, Judge seven of the 12 active judges were appointed listen to the many voices, liberal and Gorsuch has had a number of law by Democratic Presidents and five by Repub- conservative, speaking out in support clerks. On February 14, every one of licans. of his nomination.

VerDate Sep 11 2014 23:53 Mar 28, 2017 Jkt 069060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G28MR6.014 S28MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 28, 2017 CONGRESSIONAL RECORD — SENATE S2029 There is no good reason to oppose resources to lobby the FCC and my fel- what we do is just the opposite of that. Judge Gorsuch, and there is every rea- low lawmakers. If House Republicans What we do is we continue a downward son to support him. It is time to con- heed their call, as my colleagues in the trend because the way the two parties firm the supremely qualified judge to Senate have done, companies like operate with each other is when it gets the Supreme Court. Comcast, Verizon, and AT&T will be to a point where there is something Mr. President, I yield the floor. free to sell their customers’ personal very critical that has to happen, the (Disturbance in the Visitors’ Gal- information to the highest bidder, and other side says, well, if they were in leries.) importantly, they will do so without power, this is what they would do, so The PRESIDING OFFICER. Expres- the oversight or regulation of either let’s go ahead and do this ourselves. So sions of approval will not be permitted the Federal Communications Commis- what we have in the Senate, at least by the gallery. sion or the Federal Trade Commission. since I have been here in the last dec- The Senator from Minnesota. For my part, I have long held that ade, is instead of an escalating situa- BROADBAND CONSUMER PRIVACY Americans have a fundamental right to tion where we continue to operate bet- Mr. FRANKEN. Mr. President, I rise privacy. We deserve both transparency ter and deal with these things in a today to talk about the effort by my and accountability from companies more balanced way, what we do is we Republican colleagues to gut critical that have the capacity to trade on are on this continual downward trend. consumer privacy protections. Last their private information. Should some One of our younger Members men- week, the Senate voted 50 to 48 to people choose to leave their personal tioned the other day as we were dis- allow internet service providers such as information in the hands of those com- cussing this—and I thought it was a Comcast, Verizon, and AT&T to freely panies, they certainly deserve to know great point—that what has happened in collect, share, and sell its customers’ that their information is being safe- the Senate is that neither party has private information. Later today, the guarded to the greatest degree possible. had the ability to withstand the pres- House will vote on the same measure. I am going to keep fighting on behalf of sure that is brought to them by their Let’s be clear what we are talking consumers in Minnesota and across the base in either party. I have seen that play out right now. about here. From web browsing his- country to secure these rights because What happens is their base puts pres- tories to app usage information, I work for them and not the broadband sure on, and we end up breaking the broadband providers have easy access industry. to a whole lot of Americans’ personal Thank you, Mr. President. traditions of the Senate. We did it leg- information. Comcast knows exactly I suggest the absence of a quorum. islatively with the cloture vote being what ails you when you visit WebMD’s The PRESIDING OFFICER. The the scored vote by outside groups. So Symptom Checker or that you have re- clerk will call the roll. that is where we find ourselves. What is happening in our own cau- cently experienced a major life event The senior assistant legislative clerk cus—I just realized over the weekend— when you are browsing maternity proceeded to call the roll. is that we are now trying to figure out clothes on target.com. They would like Mr. CORKER. Mr. President, I ask whom to blame. I heard a discussion the ability to use or sell this informa- unanimous consent that the order for last Wednesday that was totally di- tion to target advertising toward you, the quorum call be rescinded. vorced from reality as far as how we and they would really like to use or The PRESIDING OFFICER. Without had gotten where we are today. I real- sell this information without first hav- objection, it is so ordered. ized that we are getting ready to do ing to ask your permission. THE NUCLEAR OPTION some things here that will change the Now, for me, the interests of con- Mr. CORKER. Mr. President, we find Senate dramatically. What is really sumers in Minnesota, Texas, and across ourselves at an interesting point. Let happening is that both sides are trying our country have always come before me start by saying what a tremendous to make sure history records that it those of big corporations. That is why privilege it is to serve in this body. was the other side that caused this to I have long championed an internet Every single day that I come to the happen. that is open, accessible, and protects building from where I live, I express We are now starting to see editorials Americans’ fundamental rights to pri- that to myself—what a tremendous in various publications—some that we vacy. For most Americans, I don’t privilege it is for all of us to serve in Republicans read and some that Demo- think those are controversial ideas. this body, denoted by many as the crats read—to try to set the story For example, I suggest that most if greatest deliberative body in the world. straight. I about came out of my chair not all of us in the Senate believe in Certainly, we find ourselves here in a last Wednesday with regard to one of the importance of ensuring that Ameri- place where we can effect so many the explanations as to how we got cans have access to affordable high- things that not only affect our citizens where we are today. My guess is, today speed internet. It is one of those great but citizens across the world. What a at lunch on the other side of the aisle, issues on which Members on both sides privilege that is. the same thing will be taking place. of the aisle can agree. See, we all know The Presiding Officer and I have had Obviously, on our side, it is the other that Americans’ cable and broadband numerous conversations in the past. I side. On their side, it is our side. bills are too high. The Consumer Fed- spent a life in business before coming Let me go back to 2013. We had a eration of America recently reported to the Senate, and I know the Pre- breakdown taking place. President that the average American household siding Officer did a lot of unique things Obama was bringing forth some nomi- spends about $2,700 a year for phone, as well. At the age of 25, I was fortu- nations, and it was right after he was TV, and Internet services. That is why nate enough to build a business, start- elected for a second term. We went it is so disappointing that instead of ing with a small amount of money. It through the summer of 2013 with some acting to make broadband more afford- ended up operating all around the of his nominees not getting cloture able and more accessible for Ameri- country. One of the things we did after votes. I was called, as were a few other cans, my Republican colleagues have every project—I built shopping centers Senators, to make what we would call actually paved the way for multibil- around the country—is that we would some tough votes. These were nomi- lion-dollar companies to make even get together and analyze the things we nees whom we did not support. Cloture more money off of their consumers by had done well and the things we had had again become the vote that people monetizing some of the most intimate done not so well in an effort to become were scoring, but I and JOHN MCCAIN details of their lives. Make no mistake better. At the end of each year, we and LAMAR ALEXANDER and a few oth- about it, this is purely and simply a would sit down and look at our com- ers were asked to make some votes corporate handout at the expense of pany, which was growing very rapidly, that, candidly, were not very pleasant Americans’ privacy. and try to analyze those things. Some- to keep us from getting to a place at When the FCC voted to pass the times we would have setbacks, but gen- which Senator Reid would impose the broadband privacy rules, the broadband erally speaking, the company contin- nuclear option. industry was quick to oppose and op- ued to operate on an upward trend. We made it through the summer, and pose loudly. In recent months, internet What I find here is just the opposite. we went into the fall. We had just con- service providers have used their vast I have been here now a decade, and firmed a new circuit court judge for the

VerDate Sep 11 2014 23:53 Mar 28, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G28MR6.015 S28MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S2030 CONGRESSIONAL RECORD — SENATE March 28, 2017 DC Circuit, which is just below the Su- If that happens, then we ourselves have who are willing to do that today. Ev- preme Court relative to importance for to invoke the nuclear option on the Su- eryone knows that on the other side of lots of reasons. So we had a 4-to-4 bal- preme Court Justice. the aisle—maybe everyone; I don’t ance on this circuit court. Senator We understand where this is going. I know. Yet to say that we will never get Reid brought forth three more nomi- do not know what has been said on the to the point at which we will not nees, and they were not bad nominees. floor other than during the hearings, change a legislative piece—give me a I think most people thought they were but let’s face it: One side is reacting to break. Somebody is not living in re- actually pretty decent nominees. But their base, to their pressure. They are ality, because we each continue to take we did not want the balance of the DC having ads run against them if they are the other down. Circuit to change; it was at 4-to-4. even considering voting to move be- Again, I do not really care how his- We know that a lot of administrative yond the cloture vote to an actual vote tory writes it; I am going to tell you rulings that are relative to the admin- on the nominee. On our side, obviously, how I am going to write it. Neither side istration take place in the DC court, so we are in a situation in which, if that of the aisle has had the maturity or the we made the argument that there were happens, then our leader is going to willingness to stand up to the pressures already enough judges there and that call the nuclear option. and cause this institution to operate in they did not have a very good case. It By the way, everybody says: Oh, we the way it should—neither side of the was the same argument, by the way, are never going to do it on legislation. aisle. As for anybody who tries to say that Democrats made back in 2006 Come on. Let me go back to that for a that one side of the aisle is worse than when Bush was also trying to make minute. the other, come on. It takes two of us some nominations. We do the same to Back in 2010, the Democrats passed a to take the institution to the place at each other. So we ended up filibus- healthcare bill with 60 votes. Then which we are getting ready to take it tering those three nominees. there was an election, and it took them next week. That is my history. I have What we thought was going to take down below 60 votes. They just needed been here 10 years. I have watched it. place was a negotiation on how many to fix a little element on the Neither side of the aisle has clean judges would actually go when all of a healthcare bill with a reconciliation hands. We have one side. They have a sudden Senator Reid, out of the blue, bill, and the Republicans went crazy decision to make. Are they really going with some of his Members not realizing over that. How many times have we to filibuster this judge? Let’s face it. If what had happened, did the nuclear op- talked about their passing this you go back and look at the principles tion. He ruled and called upon the per- healthcare bill with reconciliation? It of the Gang of 14 that were put in place son sitting in the Chair and the Parlia- has been going on for 7 years. Now we back in the 2000s, when both sides came mentarian. All of a sudden, we de- are in the driver’s seat. We have the together and said: We are not going to stroyed what had been the case of it majority. We are writing an entire bill do the nuclear option as long as a judge taking 60 votes to move beyond to an through reconciliation because we un- meets these criteria—this judge meets actual vote on the nominee. I was livid. derstand the power of being able to do that criteria. It is clear. By the way, I Somebody said the other day that something with 51 votes. I understand. am not criticizing; I am just observing. that was fine and that we had just got- So what we do is we just keep upping We both have pressures. We know ten to where we had wanted to be. Are the ante with each other. Are you kid- that if a filibuster takes place—and you kidding me? We were livid. We ding me? you will know that immediately; of were livid that on some circuit court If we continue on the path we are on course, it would be after a few fili- nominees, Senator Reid had pulled the right now, the very next time there is buster votes just to show that it can- nuclear option. a legislative proposal that one side of not happen—the leader on this side is I will tell you this: There were days— the aisle feels is so important, they going to invoke the nuclear option. not days, months—where people who cannot let their base down, the pres- You all know that. I do not know if had normally worked with people on sure builds, then we are going to in- people are saying that it could happen, the other side of the aisle just kind of voke the nuclear option on a legisla- but of course that is what is going to shut down. It was hard to believe the tive piece. That is what will happen. happen. And then the very next time nuclear option had been invoked. Somebody will do it. Somebody will another big legislative issue comes up, Last Wednesday, somebody acted like say that if they were in control, they the same thing is going to happen un- it was no big deal, that it had just got- would do it. That is the way trust has less we have the ability to sit down and ten us back to where we had always gotten around here. So we ought to do talk about this. I would love to do it been. The fact is that we have not used it because this is our opportunity to out on the floor. Typically, we do not filibusters much—years ago. The fact is really change history. do those kinds of things because things that we are using them a lot today. Look, I hope that before we move to get out of control when we talk about Look, this was a big deal. the place that we all know we are things honestly here on the floor, but I Now we find ourselves in a situation going—I do not think anybody here would like for us to do that. I would in which we are getting ready to take would deny that pressures have built. love for us to have maybe a 4-hour dis- the last step, if you will, on nomina- Let’s face it. If we do not have respect cussion about what we are getting tions. Let’s face it: We have a nominee for the institution we serve and for ready to do here in the Senate. To me, in this judge who is on the floor who is ourselves, no one else will. Who will? that would be a healthy thing. really beyond reproach. These people know what we are getting I think all of these staffers who work I realize my friends on the other side ready to do to this place. For us to act up here, whom we respect, know ex- of the aisle have pressures. I have like if we do it here, there is no way we actly what is getting ready to happen talked to some of them, and I respect would ever do it on a legislative piece— here in the Senate. them. I understand that their base is let me tell you this: Two years ago, I think we owe this to people who are saying that because of what we did last after Senator Reid did what he did—a getting ready to run for the Senate or year. Remember, it had been an hour friend of mine and somebody I worked maybe to people who are thinking since the great Justice passed away, very closely with, I think most people about running for reelection. We and we had already declared we were know it took me a while to get back to should go ahead and have this discus- not going to allow another Justice to normal with him. Two years ago, there sion so that they will know whether be confirmed until after the Presi- would not have been a single Repub- they are running for a 6-year House dential race. It was a pretty audacious lican in our caucus who would have term—a 6-year House term because we move, let’s face it, and obviously it cre- even considered voting for the nuclear do not have the maturity, because we ated some hard feelings on the other option. As a matter of fact, we had dis- do not trust each other, because we are side of the aisle after the election was cussions about changing it back. Then on this constantly deescalating deal determined. the election occurred, and we decided and our leaders do not talk to each Within their base, many of them are not to do that. other and fight and all of those kinds saying they are going to invoke the fil- What it looks like to me is that there of things happen, because we are get- ibuster here. Our leadership is saying: is a whole host of Republican Senators ting ready to take this institution to a

VerDate Sep 11 2014 23:53 Mar 28, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G28MR6.017 S28MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 28, 2017 CONGRESSIONAL RECORD — SENATE S2031 place that I do not think many of us student groups around the country, to hang their hat on that decision as to are going to be proud of. But, again, for classes and teachers, who were watch- why they should oppose Judge Gorsuch. the people who are thinking about run- ing the confirmation hearing as a To use a baseball analogy, it is a little ning for the Senate, let’s go ahead and project, as an educational experience, bit like a batting average. You would clear it. Let’s have a discussion about as a lesson in civics, democracy, and think that a professional baseball play- this legislative issue so that people government. er that had a 400 batting average was a will know, if they are seeking election I mentioned, of course, that Judge pretty doggone good baseball player, to the U.S. Senate, that they are, in es- Gorsuch is a judge on the Tenth Circuit but that would mean they missed the sence, going to sign up, possibly, for a Court today. He is a fourth generation ball a heck of a lot much of the time. 6-year House term. Coloradan. He was confirmed to that It seems to me the argument they are I am at a place in my Senate life position in 2006, 11 years ago, unani- making with Judge Gorsuch is that un- where I have tremendous respect for mously. He was confirmed to the Tenth less he had a perfect batting average the people with whom I have served. Circuit Court 11 years ago unani- and never missed a single pitch and had Every day I come here, I look at the mously. Based on some of the com- a hit every single time—that is the things I have the ability to affect as ments we have heard opposing Judge standard, apparently, that our col- one Senator. I look at that with such Gorsuch, it is hard to believe that any- leagues are looking for. It is a standard honor, to be able to be in a body that body would have supported him unani- that no one has ever met in this coun- debates these kinds of things and af- mously 11 years ago—based on the try before. fects people in the way we do. What an things we have heard from the other We are looking for mainstream honor it is to be here. I am here with side of the aisle about him. Judge judges with the right temperament and no malice. Gorsuch was confirmed unanimously the right philosophy, and that is what I am here, though, at a time when I by 12 current Democratic Senators who Judge Gorsuch has proven time and see what is getting ready to happen did not oppose his confirmation 11 again in the Tenth Circuit Court—that without a lot of discussion, and I hope years ago and who serve in this body temperament that we need on the high- that somehow or another, we will have today. est Court. the ability to avoid what I see as some- Twelve Democratic Senators serve in Our colleagues on the other side of thing that is very, very detrimental to this Chamber today who agreed with the aisle should abandon their threats the Senate and, in the process, very his confirmation or didn’t oppose his of a filibuster and allow an up-or-down detrimental to our country. confirmation 11 years ago. In fact, not vote to occur for Judge Gorsuch. It is I yield the floor. a single Democrat opposed his nomina- what Senate tradition and precedent The PRESIDING OFFICER. The Sen- tion—not a single one, and his nomina- requires. ator from Colorado. tion was unanimous—not Minority Today, though, I thought it impor- Mr. GARDNER. Mr. President, I un- Leader SCHUMER, not Senator LEAHY, tant to talk about Judge Gorsuch’s ex- derstand there is a time agreement on not Senator FEINSTEIN, not Senator ceptionally strong record on religious the recess before lunch. DURBIN, not Senator CANTWELL, not liberty. Judge Gorsuch is perhaps wide- I ask unanimous consent that I be al- Senator CARPER, not Senator MENEN- ly known for his participation in the lowed to finish and complete my re- DEZ, not Senator MURRAY, not Senator Tenth Circuit’s Hobby Lobby case, a marks. NELSON, not Senator Reid, not Senator decision which involved the protec- The PRESIDING OFFICER. Without STABENOW, and not Senator WYDEN. tions afforded by the Religious Free- objection, it is so ordered. Judge Gorsuch’s nomination also was dom and Restoration Act and which NOMINATION OF NEIL GORSUCH not opposed by then-Senator Barack was ultimately affirmed by the Su- Mr. GARDNER. Mr. President, I Obama. It was not opposed by then- preme Court. In his concurrence, Judge wanted to come to the floor again to Senator Joe Biden, and it was not op- Gorsuch made a number of telling pro- express my strong support for a very posed by then-Senator Hillary Clinton. nouncements regarding religious lib- mainstream, well-qualified nominee for This level of support for the other erty. Regarding the case, he wrote that the Supreme Court, Judge Neil party’s nomination is almost unheard the law in question requires the owners Gorsuch. of in today’s political climate. But of Hobby Lobby to ‘‘violate their reli- Last week, this country got to watch now, these very same colleagues are gious faith by forcing them to lend an the Senate Judiciary Committee carry vowing to break 230 years of Senate impermissible degree of assistance to out days of hearings that questioned tradition, to dispense with 230 years of conduct their religion teaches to be and probed Judge Gorsuch’s legal ap- precedent, and to join a partisan fili- gravely wrong.’’ proach, that questioned his tempera- buster of a nominee who has the right Let me say that again. In Hobby ment to the bench, his suitability to be judicial temperament and holds main- Lobby, Judge Gorsuch wrote that the on our Nation’s High Court. I believe stream views that are supported by the law requires the owners of Hobby every member of the Senate Judiciary Constitution. Lobby to ‘‘violate their religious faith Committee had at least an hour to Throughout the confirmation hearing by forcing them to lend an impermis- question Judge Gorsuch, to provide process, we heard Judge Gorsuch talk sible degree of assistance to conduct lengthy opening statements, to have an about the over 2,000 opinions that he their religion teaches to be gravely extended period of time to have a back- was a part of—2,700 decisions that he wrong.’’ and-forth with Judge Gorsuch in order was a part of—and I believe he testified In determining which religious be- to go over his judicial philosophy—his before the committee that he joined in liefs are entitled to protection, Judge approach—that he would take with him the majority in 97 percent of those Gorsuch said it doesn’t matter if the from the Tenth Circuit Court to the opinions. That is somebody who sounds beliefs are contestable or even offen- Nation’s High Court. to me like the person who could have sive. It only matters if they are sin- A number of interest groups and per- received the unanimous support of the cerely held—if they are sincerely held. sonal witnesses were talking about Senate—who did receive the unanimous He went on to stress that ‘‘it is not whether or not they believe Judge support of the Senate, including col- the place of courts of law to question Gorsuch is qualified for the bench, and leagues who serve with us today. the correctness or the consistency of some were highly favorable and spoke But, unfortunately, across the aisle, tenets of religious faith, only to pro- very highly of him, and others opposed we still haven’t heard a reason articu- tect the exercise of faith.’’ his confirmation. That is what is great lated—a compelling rationale—for why It is these same constitutional prin- about this country—to be able to come this supremely qualified nominee ciples of religious liberty that Judge before our Congress, our government, should be opposed. Sometimes they Gorsuch has also used to protect reli- and to testify for or against somebody will reference a letter from a law stu- gious minorities and prison inmates. who will be in that third important dent at the University of Colorado, or In Yellowbear v. Lampert, Judge branch of government, the judicial perhaps they will find one case out of Gorsuch ruled that a Native American branch. It is incredibly inspiring to the 2,700 cases that tugs at the prisoner was entitled to the use of a watch this process unfold. There were heartstrings but not at the law and try prison sweat lodge under Federal law.

VerDate Sep 11 2014 23:53 Mar 28, 2017 Jkt 069060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G28MR6.018 S28MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S2032 CONGRESSIONAL RECORD — SENATE March 28, 2017 Judge Gorsuch went on to stress that ference in the electoral processes in this. There are particulars that those while prisoners give up many liberties, this country and across the West and of us who spend time reading classified the freedom to sincerely express their governments of many of Russia’s own intelligence know we can’t discuss in religion is not one of them. His rea- neighbors. this unclassified setting. But the big, soning was later adopted by the Su- We are in the middle of a civilization broad point is simple and needs to be preme Court to extend similar reli- warfare crisis of public trust in this shouted, and that is that Putin’s funda- gious liberty protections to a Muslim country. This isn’t about the last 2 mental goals are about undermining prisoner. Judge Sotomayor even quoted months. This isn’t just about the last NATO. Putin’s fundamental goals are the opinion of Judge Gorsuch in her Presidential election. This is fun- about making us doubt our own values: concurrence in that case. damentally about the last few decades freedom of speech, freedom of religion, From his opinions, it is clear that of declining public trust in a broad freedom of the press, freedom of assem- Judge Gorsuch is a mainstream nomi- range of our institutions: the press, po- bly, the right of protest or redress of nee who understands the importance of litical parties, executive branch agen- grievances. putting personal beliefs aside and ap- cies, the Congress, and beyond. The Kremlin isn’t attempting an in- plying the law as written. This is why Russia is not unaware of our own dis- fluence campaign to make Americans George Washington University Law trust of each other. Russia is not un- believe that the sky is green or the School professor Jonathan Turley ar- aware of our own increasing self-doubt grass is blue. He is trying to undertake gued that Judge Gorsuch shouldn’t be about our shared values. Russia is an influence campaign to make us penalized for his past opinions. As he today very self-consciously working to doubt our own First Amendment val- said, ‘‘the jurisprudence reflect, not further erode confidence in our self- ues. The Kremlin wants us to believe surprisingly, a jurist who crafts his de- government by pulling at the threads that our society is as corrupt as the cisions very close to the text of a stat- of our public and civic life. Moscow’s thugocracy that Putin and his cronies ute and, in my view, that is no vice for influence campaigns don’t start by cre- are trying to advance. That isn’t true, a federal judge.’’ ating wholly new problems out of thin but if you listen to us in this body, we It is for the reasons I have cited air, but rather by exploiting fissures regularly do very little to restore the today and for the reasons we have seen that already exist in our civilization. kind of public trust that Putin is ac- over the past week that I am certain The simplest way for Russia to try to tively working to undermine. Judge Gorsuch will make Colorado weaken us is by trying to exploit the So I ask that each Member of this proud and that his decisions will have places where we are already weak, the body would humbly and carefully con- a positive impact on the Supreme places where we are already distrust- sider Chairman ROGERS’ rebuke to the Court and this country for generations ful, and the places where we are failing Congress this morning. This is from to come. to pass along a shared understanding of the Wall Street Journal, Chairman I look forward to working with my American values to the next genera- ROGERS; headline: ‘‘America is Ill-Pre- distinguished colleagues on both sides tion. pared to Counter Russia’s Information Warfare.’’ of the aisle to expeditiously confirm The sad state of modern politics and his nomination and to make sure that the explosion of digital media are prov- When historians look back at the 2016 elec- ing to be ripe targets for many of our tion, they will likely determine that it rep- we uphold the best traditions and the resented one of the most successful informa- precedent of this Senate. own internal doubts and our own dis- tion operation campaigns ever conducted. A Mr. President, thank you. cord. We—all of us, Republicans and foreign power, through the targeted applica- I yield the floor. Democrats, the legislature and the ex- tion of cyber tools to influence America’s f ecutive branch—are ill-prepared for the electoral process, was able to cast doubt on challenges that are already on our the election’s legitimacy, engender doubts RECESS doorstep, let alone what comes next about the victor’s fitness for office, tarnish The PRESIDING OFFICER. Under with the acceleration of these kinds of the outcome of the vote, and frustrate the new President’s agenda. the previous order, the Senate stands technologies. Historians will also see a feckless Con- in recess until 2:15 p.m. Today in the Wall Street Journal, we gress—both Democrats and Republicans— Thereupon, the Senate, at 12:52 p.m., in this body were rebuked—rightly re- that focused on playing partisan ‘‘gotcha’’ recessed until 2:15 p.m. and reassem- buked, I think, and rebuked in a bipar- and fundamentally failed in its duty to gath- bled when called to order by the Pre- tisan way by former Congressman MIKE er information, hold officials accountable, siding Officer (Mr. PORTMAN). ROGERS. Chairman ROGERS, a Repub- and ultimately serve our country’s interests. lican, served as the Chairman of the Whether or not the Trump campaign or its f staff were complicit in Moscow’s meddling is House Intelligence Committee from missing the broader point: Russia’s interven- PROTOCOL TO THE NORTH ATLAN- 2011 through 2015. I am going to read TIC TREATY OF 1949 ON THE AC- tion has affected how Americans now view his op-ed rebuke into the RECORD CESSION OF MONTENEGRO—Con- the peaceful transition of power from one today, but I would humbly ask that all president to the next. About this we should tinued 100 Members of this body calmly and not be surprised. Far from it. The PRESIDING OFFICER. The Sen- self-critically consider carefully Chair- Propaganda is perhaps the second- or ator from Arizona. man ROGERS’ argument, for his argu- third-oldest profession. Using information as (The remarks of Mr. FLAKE per- ment is not fundamentally against Re- a tool to affect outcomes is as old as politics. taining to the introduction of S. 745 are Propaganda was familiar to the ancient publicans alone. It is not against Greeks and Romans, the Byzantines, and the located in today’s RECORD under Democrats alone. He is offering double- Han Dynasty. Each generation applies the ‘‘Statements on Introduced Bills and barreled criticism of all of us in the technology of the day in trying to influence Joint Resolutions.’’) Congress—criticism of both parties. an adversary’s people. Mr. FLAKE. Mr. President, I yield Why of both parties? Because Russia’s What’s new today is the reach of social the floor. influence campaign is a really big deal. media, the anonymity of the internet, and I suggest the absence of a quorum. Are we Republicans listening? Also, be- the speed in which falsehoods and fabrica- tions can propagate. Twitter averaged 319 The PRESIDING OFFICER. The cause our response to Russia’s influ- clerk will call the roll. million monthly users in the fourth quarter ence campaign is not primarily about of 2016. Instagram had 600 million accounts The assistant bill clerk proceeded to who you supported last November in at the end of last year. Facebook’s monthly call the roll. the Presidential election. active users total 1.86 billion—a quarter of Mr. SASSE. Mr. President, I ask Listening to the Democrats, it is the global population. Yet each of these unanimous consent that the order for sometimes hard to understand if that staggering figures doesn’t fully capture the the quorum call be rescinded. side of the aisle remembers that basic internet’s reach. The PRESIDING OFFICER. Without fact about what Russia’s influence In February, Russia’s minister of defense, objection, it is so ordered. Sergey Shoigu, announced a realignment in campaign was up to. Russia’s goals in its cyber and digital assets. ‘‘We have infor- RUSSIA our most recent election were not ini- mation troops who are much more effective Mr. SASSE. Mr. President, I rise to tially about one candidate versus an- and stronger than the former ‘counter-propa- comment briefly on Russian inter- other candidate. We need to underscore ganda’ section,’’ Mr. Shoigu said, according

VerDate Sep 11 2014 23:53 Mar 28, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G28MR6.019 S28MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 28, 2017 CONGRESSIONAL RECORD — SENATE S2033 to the BBC. Russia, more than any other to make us doubt our investment in exists to restore some of that shared country, recognizes the value of information NATO, the most successful military al- trust. Right now that is not usually as a weapon. Moscow deployed it with deadly liance of last 2,000 years. Their inten- what they take away from us in the effect in Estonia, in Georgia and most re- cently in Ukraine, introducing doubt into tions are to exploit the ways that we Congress. So I call on the 100 Members the minds of locals, spreading lies about already distrust each other in ways of this Senate to consider carefully their politicians, and obfuscating Russia’s that should be Republican versus Chairman Rogers’ rebuke of us this true intentions. Democratic policy, fighting about par- morning in the Wall Street Journal. A report last year by RAND Corporation, ticular forms of government interven- Thank you, Mr. President. ‘‘The Russian ‘Firehose of Falsehood’ Propa- tion and the economy, for instance, but I suggest the absence of a quorum. ganda Model,’’ noted that cyber propaganda that are subordinate to fundamental The PRESIDING OFFICER. The is practically a career path in Russia now. A American beliefs about who we are as a clerk will call the roll. former paid troll told Radio Free Europe The assistant bill clerk proceeded to that teams were on duty around the clock in people and the things that we believe 12-hour shifts and he was [personally] re- together before we are Republicans and call the roll. quired to post at least 135 comments of not Democrats. Mr. MURPHY. Mr. President, I ask fewer than 200 characters each. But if you listen to this body right unanimous consent that the order for In effect, Moscow has developed a high-vol- now, would you have much confidence the quorum call be rescinded. ume, multichannel propaganda machine that the American people hear people The PRESIDING OFFICER (Mr. aimed at advancing its foreign and security who come together and believe things HOEVEN). Without objection, it is so or- policy. Along with the traditional propa- that are prepolitical and prepartisan dered. ganda tools—favoring friendly outlets and Mr. MURPHY. Mr. President, I am on sponsoring ideological journals—this rep- first? Do we have shared American val- resents an incredibly powerful [new] tool. ues that we know how to trumpet? Do the floor to speak in favor of the pend- Now [let’s] extrapolate that one step fur- we have ways to celebrate the things ing business before the Senate—to ther: Apply botnets, artificial intelligence that fundamentally make us Ameri- allow for Montenegro to join NATO as and other next-generation technology. The cans well before we are Republicans or a new member. I have been a proponent result will be automated propaganda, rapid Democrats? of this move for a long time, having spamming and more. We shouldn’t be sur- spent time in Montenegro and having prised to see [more] of this in the future. I worry that if you watch cable news Imagine [if you will] an American Senator any given night right now, you would chaired for a period of time the Europe who vocally advocates a new strategic-forces not, as an American citizen, have that and Regional Security Cooperation treaty with European allies. as a takeaway. Instead, you would hear Subcommittee of the Foreign Rela- Pausing from the article for a Americans saying—American public tions Committee, now serving Senator minute—it is interesting to note that listeners and viewers to those radio JOHNSON as his ranking member. is the debate we are actually having in shows and cable shows thinking that I am convinced that NATO will be the Senate today. We are talking about the great divide in the world is between stronger if Montenegro joins. I am con- expanding NATO to include Monte- Republicans and Democrats. That is vinced that our alliance will be strong- negro. actually not true. er if Montenegro joins. It is a small Picking back up: By voting record, I am the third most country with a very small military, Moscow, feeling threatened, launches a di- conservative guy around here out of but it occupies an incredibly important rected information campaign to undermine 100, so I care deeply about Republican space on the world map. It is the only the senator. His emails are breached and versus Democratic answers to most of part of the Adriatic coast that breaks published, disclosing personal details and the policy fights we have. But those up the current NATO map, and it will family disputes, alongside draft policy pa- things are radically subordinate to the provide a strengthening of our alliance pers without context. Social media is in that region. spammed with seemingly legitimate com- things we believe in common about the ments opposing the senator’s policy position. dignity of people who are created with Montenegro is ready. It has made sig- The senator’s phone lines are flooded with rights. The government doesn’t give us nificant progress on internal reform, robocalls. Fake news articles are pushed out rights. God gives us rights by nature, especially in the area of the rule of law on Russian-controlled media suggesting that and we come together as a government and security sector reform. The Min- the Senator has probably broken campaign- to secure those rights. The rights of istry of Defense has met all of the re- finance laws. free speech, press, assembly, and reli- quirements for NATO membership. It is Can you imagine the disruption to Amer- moving to modernize its military. It is ican society? The confusion in the legislative gion are fundamentally American process? The erosion of trust in democracy? things well before we get to any of our moving to try to operationalize itself Unfortunately, this is the reality the U.S. policy bickering. in a way that it can interact with both faces [next], and without a concerted effort Yet, if the Americans listen to us in U.S. and European equipment. It is re- it will get [much] worse. the Congress most days or most weeks placing its aircraft that previously had Congress is too focused on the trees to see or most months, I bet their takeaway required Russian spare parts so that the frightening forest. Rather than engaging is that Republican versus Democrat is they are more compatible with Euro- in sharp-edged partisanship, lawmakers the great divide, and we shouldn’t trust pean and American air equipment. should be investigating Russian propaganda There is still work that Montenegro operations and information warfare. They anybody across that aisle. should be figuring out how to reduce the in- Well, guess what. That is exactly needs to do, but now it can continue fluence of foreign trolls, and teaching Ameri- what Putin is trying to do. His funda- under the umbrella of the alliance. cans about Moscow’s capabilities. This would mental objective is to make Americans I am very happy that we are taking go a long way [toward saving] the republic. doubt our own values and to doubt our an important step here to signal that That is the end of the op-ed. Again, own civilization so that we fight with NATO’s open-door policy is still in this was Chairman Mike Rogers, who each other first, instead of agreeing as practice. I think there was some doubt, led the House Intelligence Committee Americans first then fighting about a frankly, and some concern, after years from 2011 to 2015, writing an op-ed in bunch of important policy things—but and years of Montenegro’s desire to the Wall Street Journal this morning. first agreeing who we are as Ameri- join amidst the interest from Georgia Here is what he is really saying. cans. and prior to the crisis in Ukraine, that What he is saying is that America has The future that we face is a future some of these transatlantic institu- a future in foreign policy and national where there is going to be a lot more tions were closing down. This is a sign security and global security that is propaganda that tries to exploit our in- that NATO is not only viable but is going to have a lot more propaganda, ternal divisions to begin with. It makes still open to those countries that want and a body like this—the Congress gen- it all the more critical that a body like to join, that want to find additional erally, but the Senate in particular— this exists to help 320 million Ameri- safety and security under our um- has an obligation to help make sure cans with a lot of diversity and a lot of brella. I am glad we are going to have the American people understand Mos- disagreement about really important a bipartisan vote here in favor of cow’s capabilities and their intentions. things. They ought to trust that an in- Montenegro’s joining NATO. Their intentions are to make us stitution like this exists to restore I want to make a broader point about doubt our values. Their intentions are some sense of those shared values and our future policy in the Balkans. It was

VerDate Sep 11 2014 23:53 Mar 28, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G28MR6.021 S28MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S2034 CONGRESSIONAL RECORD — SENATE March 28, 2017 not that long ago that it was a pre- to make sure that the Balkans—in par- cause they have participated in State condition, if you were a Member of ticular, the western Balkans—contin- Department exchange programs. They Congress, to be an expert on the Bal- ued their move toward Europe and re- have spent time here in the United kans. The United States was at war in jected offers from Russia for a different States getting to know our country, the Balkans, as were Russia and our kind of alignment. Weekly big and maybe getting educated here, and they European allies. It was the hottest spot small interventions allowed the Balkan have gone back to Serbia to be part of on the globe. Thanks to U.S. military nations to feel comfort in a future with the government in order to represent might as well as diplomatic might, the Europe and with the United States. Serbian interests but with a connec- Dayton Peace Accords brought peace That intervention, that attention, has, tion to the United States and to the and relative economic prosperity to a frankly, just disappeared, and the Rus- West that is important. Those ex- region of the globe that has been, sians have filled that vacuum. change programs are basically evis- frankly, at the center of almost every There was a coup attempt in Monte- cerated by a 40-percent cut. They will major conflict in and around Europe negro. You do not see a lot of coup at- not exist any longer. It is a very small over the greater part of the last 100 tempts these days in countries in and program, but it has not only gotten us years. It is a moment to celebrate this around Europe, but there was an at- important results in the Balkans, it period of political and security sta- tempt to storm the Parliament—an at- has contributed to our ability to argue bility in the Balkans and to remember tempt that has been connected to Rus- for stability and to argue for the that we should not take it for granted. sian nationals. Those Russian nation- calming of tensions because it gets There are still festering ethnic and na- als, according to Montenegro, have doors opened for the United States. tionalist tensions that play out every connections directly with the Russian Without anybody being on call for day in the Balkans. We see them in Government. That has not been con- the State Department in the Balkans, small ways. firmed yet, but it is incredibly dis- without any funding in order to try to When I was there, a drone with a map turbing to know that Russian nationals promote stability and economic con- of greater Albania dropped down into were behind an attempted military nections between those countries, we the middle of a football match between coup inside Montenegro. cede ground to Russia every single day. the Serbian national team and the Al- We have seen a much tighter joining Russia sees vacuums, and they fill banian national team, which was a de- of the leaders of the Republika Srpska them, and we have created them. We liberate attempt to inflame the Ser- and Russian interests and operatives in have created a vacuum globally, but we bians. It seemed like a small thing, but a move toward a referendum for inde- have created a specific vacuum in the it resulted in the cancelation of a his- pendence in the Republika Srpska, Balkans. It is filled in part by this toric meeting between the Prime Min- which is a component of Bosnia and movement to join Montenegro with ister of Albania and the Prime Minister Herzegovina. It looks suspiciously like NATO. of Serbia. the kind of independence referendums I do appreciate the fact that Sec- Just recently, we have seen some that have threatened to take place in retary Tillerson, I believe, and Sec- breakdown in the progress Serbia and parts of Ukraine and Luhansk and retary Mattis have both recommended Kosovo had been making to try to re- Donetsk. to this body that we take up this mat- solve their differences, resulting ulti- There are reports that the same play- ter. I think that was important, and I mately, we hope—we believe—in the ers who are trying to fund and applaud them for standing against the recognition of Kosovo’s statehood by operationalize independent referen- recommendations of the Russian Gov- the Serbian Government, which is a re- dums in Ukraine are also at work in- ernment and for the accession of Mon- minder that bringing Montenegro into side Serbia—players with connections tenegro into NATO, but it is not NATO is important for the alliance’s back to the Kremlin. enough. sake, but it is also an important step There are reports of a massive in- I wanted to come to this floor—and I in continuing to make investments in crease in Russian media presence in see my great friend and colleague from security in the Balkans. the Balkans—more offers from Russian Ohio, who is ready to speak—to make It is important for a second reason in TV stations and radio stations to pro- the case as to why this is so important that there is another player out there vide free content to cash-strapped Bal- and to make the case that as Russia that is desperately trying to make the kan media outlets. tries to view Montenegro as an oppor- Balkans less stable, and that is Russia. There are over 100 different nonprofit tunity to establish a Kaliningrad on For a very long time, Russia has had organizations in Serbia alone, accord- the Mediterranean, we can prevent its legitimate interests in the Balkans. ing to one report, that have financial happening with this vote and with the They have relations with the people of connections back in and through Rus- vote of our European allies to join the Balkan nations, as well as with sia. Montenegro with NATO, but it is not those governments, but today they Russia is filling this vacuum in the enough. We have to remember that sta- have an interest in trying to desta- Balkans. It is trying to win friends and bility in the Balkans is nothing to be bilize that region, to create a crisis for trying to create an instability that ul- taken for granted. The next global cri- Europe, to create a crisis for NATO. timately would land at the doorstep of sis may come from a small act of ten- As we all know, Russia fills vacuums NATO, at the doorstep of Europe, and sion between neighbors that spins out of power better than almost any other at the doorstep of the United States. of control, in part because the United player out there. Whether or not we They are filling that vacuum because States is not paying attention and be- like it, as Members of the Senate, there we do not have a presence there today. cause Russian intervention in the re- is an enormous vacuum in the world Secretary Tillerson has no meaning- gion, which is bigger and broader now right now that is created by the with- ful experience in the Balkans. He has than ever before, has an interest not in drawal of America. Without a robust no Deputy and he has no Assistant Sec- stability but actually ultimately in in- State Department, without coherent retary for the Balkans. When you pair stability. U.S. foreign policy, we are just not that next to a proposal that Secretary I thank Leader MCCONNELL for bring- players in the world today like we were Tillerson endorses cutting his budget ing this before the body. This is a a year ago. Example A may be the Bal- by 40 percent, you will make America chance for us to join together in sup- kan region. relatively feckless in that region be- porting Montenegro as it joins NATO. The Balkans require attention be- cause it is those funds that the admin- Hopefully, there will be more opportu- cause there are these simmering poten- istration is seeking to cut that are nities for us to work together to make tial conflicts, and the United States often our linkages to influence. sure that this administration, to make has been a force for good but in ways In Belgrade, our Ambassador has sure that our country has a comprehen- that most Americans probably do not made enormous progress with a small sive policy to continue to build on the even know. It required the constant at- amount of money for exchange pro- NATO peace accords and double down tention from Vice President Biden, grams. You look at people in powerful on the work we do to promote long- Secretary of State Kerry, and Assist- positions in Serbia today, and many of term stability and prosperity in the ant Secretary of State Victoria Nuland them are close to the United States be- Balkan region.

VerDate Sep 11 2014 23:53 Mar 28, 2017 Jkt 069060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G28MR6.026 S28MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 28, 2017 CONGRESSIONAL RECORD — SENATE S2035 I yield the floor. the lives of young people around the word gap just by reading aloud to The PRESIDING OFFICER. The Sen- country and the ability to achieve them. ator from Ohio. their dreams. It is about child literacy. Developing these skills, according to Mr. PORTMAN. Mr. President, first I Here is the information. Elementary experts, affects the biology of the want to thank my colleague for coming schools and libraries are talking about brain. Dr. Tzipi Horowitz-Kraus of Cin- to the floor today to speak about Mon- this more and more back home. If you cinnati Children’s Hospital—a great in- tenegro and the importance of its ac- read to your kids when they are young, stitution in my hometown and one of cession into NATO, as well as for his they will have a much better chance of the top three children’s hospitals in focus on the Balkans and for his com- succeeding in life. According to a study the country, based on U.S. News and ment that right now the people of the that dates back to 1995—kind of a fa- World Report. Anyway, he is an expert Balkans and, for that matter, the peo- mous study—by the time a child born on this topic, and this is what he said: ple in Ukraine and other countries in into poverty reaches age 3, he or she ‘‘The more you read to your child, the eastern Southern Europe are feeling a has heard 30 million fewer words than more you help the neurons in the brain lot of pressure. I applaud him for work- his or her peers. Let me repeat that. A to grow and connect.’’ So it is physio- ing on a bipartisan basis over the last kid who is born into poverty is going to logical. couple of years to help us push back hear 30 million fewer words by the time Dr. Kim Noble, a brain scientist at against some of the disinformation and he or she is 3 years old. Why does that Columbia University, has found that propaganda that is primarily being pro- matter? Why does this word gap, as this word gap actually translates into moted by Russia. they call it, matter? Well, it matters a brain-sized gap in the areas dealing In each of these countries—and I because it turns out these verbal skills, with language. know my colleague Senator MURPHY like other skills, develop as they are Dr. Dana Suskind of the University has visited these countries—the first used, and if they are not used, they of Chicago has found that more than 80 issue I hear about when I go on a trip don’t develop. So a lot of kids who al- percent of a child’s brain development to Latvia, where I went recently, and ready have the challenge of growing up occurs by age 3—80 percent—and the ef- certainly Ukraine and even Poland is in poverty are also burdened with the fects of the word gap are detected in concern about this sort of unrelenting disadvantage of not developing these brain development in babies as young campaign of disinformation, as we call verbal skills. That makes it harder for as 9 months old. These aren’t children; it; maybe the other term would be them to get good grades, harder for these are babies. Doctor Suskind says ‘‘propaganda.’’ We do need to stand up them to develop social skills, and hard- that by reading aloud, every parent has and be counted. The new department of er for them to get a good job and ulti- the ability to grow their child’s brain. global engagement at the State De- mately to be able to live out their So certainly before a child can read, partment is beginning to do that. I dreams. before a child can even speak, it is im- know Senator MURPHY has had some I know Washington, DC, may be the portant to be speaking to that child. meetings recently—and I have, too— only place on Earth where 30 million Think about that. Think about the im- where they are starting to get their sounds like a small number, but it is a pact you can have. So get out a book feet on the ground and being able to big number. It makes a huge dif- and do some reading to a child, a allow people to be able to see the objec- ference. This word gap leads to an grandchild, someone who is in the tive truth; in other words, to sort of achievement gap later in life based on neighborhood, one of your kids. Do it separate narratives from reality, to be all the studies. Experts tell us that a tonight. able to ensure that we don’t have an child’s vocabulary is reflective of his or Sometimes when I talk about this, undermining of these great democ- her parents’ vocabulary. It makes people say: Well, ROB, parenting is racies—these fledgling democracies, sense. Kids learn what they see and pretty tough. Everybody is busy. Some many of them. what they hear. people are working two shifts. Both So we are talking today, as my col- There is a 2003 study by Elizabeth parents are working. Where do you league from Nebraska did earlier, Martin and Tom Risley studying word make time for this? Here is my answer about the meddling in our own election gaps which found that by age 3, before to that: Fifteen minutes a day. That is here and the effect it is having on the even reaching school age, children’s the goal here. Fifteen minutes a day level of trust in this country, and this ‘‘trends in the amount of talk, vocabu- makes a huge difference to be able to is true not just here but in other de- lary growth, and style of interaction close that gap. mocracies. I appreciate Senator MUR- were well established and clearly sug- Others say: We can’t afford it. How PHY standing up and being counted on gest widening gaps to come.’’ So hav- do you afford to buy these books if you that issue and then today specifically ing poor reading skills makes it harder are going to read all the time? To me, being able to help Montenegro to have to make a living, it affects self-esteem, that is pretty simple. Buy a library the opportunity to develop its own in- and it makes life more difficult in so card. They are free, usually. If not, stitutions. As I said, it is not perfect, many small ways. Think about this: they are cheap. You don’t need a lot of but they have made progress, they unable to read a manual when you buy new books, but you do need a library have made reforms, and they have fol- something, unable to read a list of in- card, and that is very helpful. They lowed the directions many of us have gredients, unable to read a newspaper helped Jane and me to be able to have given them to enable them to be re- to understand what is going on, to be books to read to our kids. sponsible members of NATO. So I online. Again, I am very proud Ohio has led thank Senator MURPHY for being here Millions of our friends and neighbors on this issue. In 2008, this group Read today and talking about that. are struggling with these consequences Aloud was started in Cincinnati, OH. It READ ALOUD MONTH every day. According to the Depart- has now become a national movement. Mr. President, I am actually speak- ment of Education, about 32 million It has more than 10,000 grassroots part- ing out today about another issue, adults in this country can’t read. ners—including daycare facilities, which is one that is a little closer to Think about that. That is a group near- schools and libraries, and rotary home, and that is about the impor- ly 3 times the size of the State of Ohio clubs—in all 50 States. tance of reading to our kids. It turns and maybe 25 to 30 times the size of the So what can you do to help? I would out that this month of March has been Presiding Officer’s State—32 million. say that this issue is not going to be designated as Read Aloud Month, and Too many of these adults, of course, found here in this body. It is not about this group called Read Aloud is doing started off life with the disadvantage of Washington, DC, doing anything except fantastic work around the country. this word gap, and they never caught encouraging people to do what makes They actually started in my hometown up. sense, which is to spend time with your of Cincinnati, OH, so I am a little bi- That is why this Read Aloud Month kid, to ensure that if you have a kid in ased about them, but what they are is so critical. Parents and other care- school, that you know that kid gets the doing is incredibly important. It is takers need to know they can steer right start in life, to ensure that every- about education, it is about the econ- their child in a better direction—de- body has the ability to have a success- omy, and more importantly, it is about velop vocabulary skills and end the ful life.

VerDate Sep 11 2014 23:53 Mar 28, 2017 Jkt 069060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G28MR6.028 S28MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S2036 CONGRESSIONAL RECORD — SENATE March 28, 2017 Senator HARRIS and I introduced a Ambassador to the United States. They President Trump will soon sign the resolution about this recently in the expressed their sincere gratitude that protocol on the accession of Monte- U.S. Senate. It is called the Read Aloud the Senate will be voting this week on negro. Month resolution. It encourages par- their accession and that Montenegro I yield the floor. ents and caregivers to read to their would be one step closer to aligning I suggest the absence of a quorum. kids for 15 minutes a day. We are ask- itself with the freedom-loving nations The PRESIDING OFFICER. The ing our colleagues on both sides of the of NATO. clerk will call the roll. aisle, Republican and Democratic, to Montenegro is a small country, but it The legislative clerk proceeded to sign off on that resolution. That would has already demonstrated its commit- call the roll. help raise the visibility of this issue. ment to the international community Mr. ALEXANDER. Mr. President, I Again, I hope everybody listening in implementing internal reforms. ask unanimous consent that the order today takes the opportunity to follow Montenegro has sent members of its for the quorum call be rescinded. up, to read to a kid, to help ensure military to Afghanistan in support of The PRESIDING OFFICER (Mr. they can close that words gap in their the International Security Assistance STRANGE). Without objection, it is so lives and therefore have a better Force and as a member of the coalition ordered. chance of getting better grades, getting to counter ISIS. NOMINATION OF NEIL GORSUCH a better job, and achieving whatever In the years leading up to its formal Mr. ALEXANDER. Mr. President, re- their dream is in life. invitation to join the alliance, Monte- dundancy is often a virtue, so I am Mr. President, I yield the floor. negro has partnered with NATO mem- about to practice redundancy. I suggest the absence of a quorum. bers to make a wide range of changes Last week, I made a speech on the The PRESIDING OFFICER. The to strengthen its military, its intel- floor of the Senate about the upcoming clerk will call the roll. ligence operations, and its rule of law. votes in connection with the Presi- The legislative clerk proceeded to While it currently falls short of the dent’s nomination of Neil Gorsuch to call the roll. goals stated in the 2014 NATO Wales be Associate Justice of the Supreme Mr. JOHNSON. Mr. President, I ask Summit to spend 2 percent of its GDP Court of the United States, and I unanimous consent that the order for on defense, Montenegro has committed talked about the 230-year history of the quorum call be rescinded to meeting this target by 2024. this body to always have Presidential The PRESIDING OFFICER. Without Expanding NATO to include nations objection, it is so ordered. nominations for judges—for Supreme that desire to join the alliance and Court Justices, for Federal district Mr. JOHNSON. Mr. President, as commit to meeting membership re- chairman of the Subcommittee on Eu- judges, and for circuit judges up to 2003 quirements contributes to a strong and by a majority vote. Never in the his- rope and Regional Security Coopera- stable Europe. It wasn’t all that long tion, I rise today to support tory of this body has the Senate re- ago that the Balkans region was unsta- fused to allow a vote, an up-or-down Montenegro’s accession to the North ble and war-torn, but because Slovenia, Atlantic Treaty Organization, also vote on a Supreme Court Justice. Croatia, and Albania have joined Because I hear that may be what the known as NATO. NATO, the Balkans is a far more stable NATO is a defensive alliance founded Democrats are planning to do—even region. Montenegro’s accession will though Mr. Gorsuch may be one of the in 1949 to provide collective security further enhance the stability of the against the threat posed by the Soviet most remarkably talented nominees in Balkans and greater Europe. a long, long time—I want to make the Union. Although the world had hoped Finally, I support Montenegro and address that I made last week again, that the threat had subsided with the NATO because it sends a clear message and I am going to deliver it word for collapse of the Soviet Union, under the to Moscow that it cannot deter NATO word in hopes that someone may actu- rule of Vladimir Putin, Russia has be- from expanding the alliance and it can- ally hear it. come an ever-growing menace to its not bully countries to prevent them President Trump’s nomination of neighbors and to world peace and secu- from joining. Russia has warned Mon- Judge Neil Gorsuch to be a member of rity. As a result, NATO remains as rel- tenegro that it will face consequences the U.S. Supreme Court will be consid- evant today as it was in the year of its if it continues to pursue NATO mem- ered on the floor of the Senate next founding. bership. As Russia continues its desta- As Defense Secretary GEN James bilizing actions throughout Eastern week. Some have suggested that in- Mattis stated in his January confirma- Europe and the world, it is imperative stead of allowing a majority of Sen- tion hearing, ‘‘If we did not have NATO that we send an unwavering message of ators to decide whether to approve the today, we would need to create it.’’ strength and resolve by approving Gorsuch nomination, there should first NATO has evoked article 5 of its Montenegro’s accession to NATO. be a so-called cloture vote to deter- charter—which states that an attack In an era defined by polarization, mine whether to cut off debate. against one member shall be consid- Montenegro’s accession to NATO has Now, you can see what would happen. ered an attack against all—only once been thoroughly bipartisan. I thank Cutting off debate requires the ap- in its history, in response to the 9/11 at- my ranking members on the European proval of 60 Senators. There are 46 tacks against America. Since then, our subcommittee, Senator MURPHY for the Democratic Senators, so if 41 of the 46 NATO allies have sent their sons and current Congress and Senator SHAHEEN Democrat Senators vote not to cut off daughters to fight and die alongside during the 114th Congress, for their debate, we would never get to a vote on our own in the generational war strong support on this issue. I also Judge Gorsuch. We would never get to against radical Islamist terrorism. thank Chairman CORKER and Ranking a vote. In other words, the 41 Demo- The accession of Montenegro to Member CARDIN for their continued ef- cratic Senators would have filibustered NATO is important for a number of forts to move this legislation forward, to death the Gorsuch nomination to reasons. Montenegro has shown that it Senator MCCAIN for being an outspoken the Supreme Court of the United is committed to NATO and to making supporter of Montenegro’s accession, States, a partisan act that has never the internal reforms required to re- and Leader MCCONNELL for his willing- happened before in the 230 years of the main a member in good standing. Be- ness to bring the protocol on the acces- Senate. cause of that commitment, sion of Montenegro to the Senate floor. Filibustering to death the Gorsuch Montenegro’s membership in NATO It is time for the United States to ap- nomination or any Presidential nomi- will enhance stability in Europe. prove Montenegro’s accession to nation, for that matter, flies in the Finally, Russia’s alleged support of NATO. The Senate Foreign Relations face of 230 years of Senate tradition. an attempted coup in Montenegro must Committee has twice unanimously ap- Throughout the Senate’s history, ap- not be rewarded by NATO turning its proved this measure, and Secretary of proval of even the most controversial back on a country that exhibits such State Tillerson has communicated this Presidential nominations have re- courage in resisting Russia’s persistent administration’s full support for Sen- quired only a majority vote. For exam- aggression. ate passage. ple, in 1991, President George H.W. Just a few days ago, I met with I urge my colleagues to vote in favor Bush nominated Clarence Thomas to be Montenegro’s Foreign Minister and the of Montenegro’s accession and hope Associate Justice of the U.S. Supreme

VerDate Sep 11 2014 01:30 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G28MR6.030 S28MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 28, 2017 CONGRESSIONAL RECORD — SENATE S2037 Court. The debate was bitter. The vote As the actor Jimmy Stewart says in save face and appear to have won some- was narrow. The Senate confirmed Jus- the movie ‘‘Mr. Smith Goes to Wash- thing, according to the former Senate tice Thomas 52 to 48. ington’’: ‘‘Wild horses aren’t going to Historian. Fortas then asked the Presi- Although Senate rules have allowed drag me off this floor until those peo- dent to withdraw the nomination. any one Senator to try to filibuster the ple have heard everything I’ve got to Other than that, never has a Supreme nomination to death, to insist on a 60- say, even if it takes all winter.’’ That Court nominee been filibustered to vote vote, not one did. In fact, Senate was Jimmy Stewart talking about his death in the Senate. Other than the rules have always allowed Senators the filibuster. Fortas nomination, the filibuster was option to filibuster to death a Presi- The late Robert Byrd described the never used to block any judicial nomi- dential nomination, yet it has almost importance of a legislative filibuster in nation until 2003 and 2004, when Demo- never happened. this way in his last speech to the Sen- crats for the first time decided to use According to the former Senate his- ate: ‘‘Our Founding Fathers intended the 60-vote cloture requirement to torian, with one possible exception, the Senate to be a continuing body block 10 of President George W. Bush’s which I will describe later, the number that allows for open and unlimited de- nominees. I had just arrived in the Sen- of Supreme Court Justices in our coun- bate and protection of minority rights. ate. I remember it well. I was really try’s history who have been denied Senators have understood this since outraged by it because, as for the their seats by filibuster is zero. The the Senate first convened.’’ nominees, it was the right of the Presi- number of the President’s Cabinet In fact, the whole idea of the Senate dent to name them and the right of the members in our country’s history who is not to have a majority rule on legis- Senate to reject them. But throughout have been denied their seats by a fili- lation. Throughout Senate history, the history it was always by 51 votes. This buster is zero. The number of Federal purpose of the legislative filibuster has unprecedented action by the Senate district judges in our country’s history been to force consensus on issues, to Democrats produced a threat by Re- who have been denied their seats by a force there to be a group of Senators on publicans to change the Senate rules to filibuster is zero. I know that for a fact either side who have to respect one an- make it clear that only a majority is because an attempt was made to fili- other’s views so they work together required to approve a Presidential buster one—Judge McConnell from and produce 60 votes on important nomination. There was a negotiation, Rhode Island—and I voted against that, matters. We did that last December in and eventually five of Bush’s nominees as did other Republican Senators, be- a piece of legislation that the majority were approved, five were blocked, and cause we thought it was wrong to leader called the most important legis- the rules weren’t changed. break the Senate’s 230-year tradition of lation of the Congress, the 21st Century Then in 2011 and 2013, Republicans re- always considering judges by majority Cures Act. There were enormous dif- turned the favor. That happens around vote, and we prevailed. ferences of opinion about it, but be- here—a precedent set by that side then We could have done it, but we didn’t cause Senator MURRAY, the ranking becomes a precedent that this side, do it. That is the point. Democrat and I, and the Democrats then, undertakes. In 2011 and 2013, the Next week, the Democrats can fili- and Republicans in the Senate and in Republicans returned the favor by buster Judge Gorsuch to death, but the House, and President Obama and seeking to block five of President they shouldn’t do it. They shouldn’t do Vice President Biden all wanted a re- Obama’s nominees for the circuit court it. sult, we formed a consensus. We re- Until 2003, the number of circuit by insisting on a 60-vote cloture on solved our differences, and we agreed judges in our country’s history who each. Republicans alleged the Presi- have been denied their seats by fili- on this most important piece of legisla- dent was trying to pack the Federal buster was zero. tion that will help virtually every Circuit Court of the District of Colum- Senator Everett Dirksen did not fili- American family by advancing cures bia with three liberal justices. To over- buster President Lyndon Johnson’s for cancer, Alzheimer’s, diabetes, and a come Republican objections, the Demo- nominees. Senator Robert Byrd did not variety of diseases. crats invoked the so-called nuclear op- filibuster President Reagan’s nomi- Nominations have always been treat- tion. They broke the Senate rules to nees. Senator Howard Baker did not fil- ed differently from legislation. For ex- change the rules. The new rule elimi- ibuster President Carter’s nominees. ample, under Senate rule XIV, any nated the possibility of 60-vote cloture Senator Bob Dole did not filibuster Senator can bring legislation directly motions for all Presidential nomina- President Clinton’s nominees. to the Calendar of General Orders, by- tions except for the Supreme Court, During most of the 20th century, passing committees. There is no such which is where we are today. when one party controlled the White power for nominations. There is no rule There have been other examples of House and the Senate 70 percent of the XIV for nominations. Senate rules minority Senators filibustering nomi- time, the minority never filibustered allow debate and, therefore, the possi- nations to death, all of them during to death a single Presidential nomina- bility of filibuster on a motion to pro- the last three administrations and all tion. ceed to legislation. Debate is not al- involving sub-Cabinet nominations. On the other hand, there have been lowed on a motion to proceed to nomi- Then, of course, there have been delays plenty of filibusters on legislation—so nations. So there can’t be a filibuster in considering nominations. many that in 1917, the Senate adopted on a motion to proceed to a nomina- My own nomination in 1991 as U.S. the so-called cloture rule as a way to tion. In summary, while Senate rules Education Secretary was delayed for 51 end filibusters. The idea is, after you have always allowed for extended de- days—I thought improperly—by a talk enough, you should bring it to an bate or filibusters, the filibuster was Democratic Senator. President Rea- end, so they had a supermajority for never used to block a nomination until gan’s nomination of Ed Meese as Attor- that purpose. The rule was amended in recently. ney General of the United States was 1949, 1959, 1975, 1979, and 1986—always in As I mentioned earlier, it was never delayed 1 year by a Democratic Senate. response to filibusters on legislation, used to block a Cabinet nomination, No one has ever disputed our right in never on nominations. It was the 1975 never used to block a Federal district the Senate, regardless of who was in change that established the current judge, until 2003, never used to block a charge, to use our constitutional duty cloture standard of 60 votes to end de- Federal circuit judge, and never used of advice and consent to delay and ex- bate, except on amendments to the to block a Supreme Court Justice, with amine and sometimes to cause nomina- Standing Rules. one possible exception. The exception tions to be withdrawn or even to defeat Filibustering a Presidential nomina- occurred in 1968 when President Lyn- nominees by a majority vote. tion has always been treated dif- don Johnson sought to elevate Asso- But, as we approach the vote next ferently than filibustering a legislative ciate Justice Abe Fortas to be Chief week on Neil Gorsuch on the floor of matter. The filibuster of legislation is Justice. There was bipartisan opposi- the Senate, it is useful to remember perhaps the Senate’s most famous tion to that idea. When it became clear that the tradition of the Senate has characteristic. It has been called ‘‘de- that the Senate majority would not been to treat legislative matters one mocracy’s finest show, the right to agree, President Johnson engineered a way and Presidential nominations a talk your head off.’’ 45–43 cloture vote so that Fortas could different way: to filibuster to death

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YEAS—97 through an alliance in which specific obliga- tions and force goals are met by its mem- Should the Gorsuch nomination come Alexander Flake Nelson bers; to the floor soon, as I believe it will, Baldwin Franken Perdue Barrasso Gardner Peters (E) the security and prosperity of the overwhelming Senate tradition re- Bennet Gillibrand Portman United States is enhanced by NATO’s collec- quires that whether to approve it Blumenthal Graham Reed tive defense against aggression that may should be decided by a majority vote Blunt Grassley Risch threaten the security of NATO members; and and there should be no attempt by the Booker Harris Roberts (F) United States membership in NATO re- Boozman Hassan Rounds minority to filibuster the nomination, Brown Hatch mains a vital national security interest of Rubio Burr Heinrich the United States. especially of such a qualified man. Sanders Cantwell Heitkamp (2) STRATEGIC RATIONALE FOR NATO EN- I thank the Presiding Officer, and I Sasse Capito Heller LARGEMENT.—The Senate finds that— yield the floor. Cardin Hirono Schatz Schumer (A) the United States and its NATO allies I suggest the absence of a quorum. Carper Hoeven face continued threats to their stability and Casey Inhofe Scott The PRESIDING OFFICER. The Cassidy Johnson Shaheen territorial integrity; clerk will call the roll. Cochran Kaine Shelby (B) an attack against Montenegro, or its Collins Kennedy Stabenow destabilization arising from external subver- The senior assistant legislative clerk Coons King Strange sion, would threaten the stability of Europe proceeded to call the roll. Corker Klobuchar Sullivan and jeopardize United States national secu- Mr. COTTON. Mr. President, I ask Cornyn Lankford Tester rity interests; Cortez Masto Leahy Thune unanimous consent that the order for Cotton Manchin (C) Montenegro, having established a Tillis democratic government and having dem- the quorum call be rescinded. Crapo Markey Toomey onstrated a willingness to meet the require- The PRESIDING OFFICER (Mr. Cruz McCain Udall Daines McCaskill Van Hollen ments of membership, including those nec- JOHNSON). Without objection, it is so Donnelly McConnell Warner essary to contribute to the defense of all Duckworth Menendez ordered. Warren NATO members, is in a position to further Durbin Merkley Whitehouse the principles of the North Atlantic Treaty Mr. COTTON. Mr. President, I ask Enzi Moran and to contribute to the security of the unanimous consent that, notwith- Ernst Murkowski Wicker standing rule XXII, all postcloture Feinstein Murphy Wyden North Atlantic area; and Fischer Murray Young (D) extending NATO membership to Monte- time on Executive Calendar No. 1, the negro will strengthen NATO, enhance sta- NAYS—2 Montenegro treaty, be expired; that all bility in Southeast Europe, and advance the pending amendments be withdrawn, Lee Paul interests of the United States and its NATO the resolution of ratification be re- NOT VOTING—1 allies. (3) SUPPORT FOR NATO’S OPEN DOOR POL- ported, and the Senate vote on the res- Isakson olution of ratification with no inter- ICY.—The policy of the United States is to The PRESIDING OFFICER. On this vening action or debate; and that if the support NATO’s Open Door Policy that al- vote, the yeas are 97, the nays are 2. resolution of ratification is agreed to, lows any European country to express its de- Two-thirds of the Senators voting, a sire to join NATO and demonstrate its abil- the motion to reconsider be considered quorum being present, having voted in ity to meet the obligations of NATO mem- made and laid upon the table and the the affirmative, the resolution of rati- bership. President be immediately notified of fication is agreed to. (4) FUTURE CONSIDERATION OF CANDIDATES the Senate’s action. The resolution of ratification agreed FOR MEMBERSHIP IN NATO.— The PRESIDING OFFICER. Is there to is as follows: (A) SENATE FINDING.—The Senate finds that the United States will not support the objection? Resolved, (two-thirds of the Senators present accession to the North Atlantic Treaty of, or concurring therein), Without objection, it is so ordered. the invitation to begin accession talks with, SECTION 1. SENATE ADVICE AND CONSENT SUB- any European state (other than Monte- The amendments (No. 193 and 194) JECT TO DECLARATIONS, AN UNDER- were withdrawn. STANDING, AND CONDITIONS. negro), unless— The PRESIDING OFFICER. The The Senate advises and consents to the (i) the President consults with the Senate consistent with Article II, section 2, clause 2 clerk will report the resolution of rati- ratification of the Protocol to the North At- lantic Treaty of 1949 on the Accession of of the Constitution of the United States (re- fication. Montenegro, which was opened for signature lating to the advice and consent of the Sen- The senior assistant legislative clerk at Brussels on May 19, 2016, and signed that ate to the making of treaties); and read as follows: day on behalf of the United States of Amer- (ii) the prospective NATO member can ful- ica (the ‘‘Protocol’’) (Treaty Doc. 114–12), fill all of the obligations and responsibilities Resolution of Advice and Consent to Rati- subject to the declarations of section 2 and of membership, and the inclusion of such fication of the Protocol to the North Atlan- the conditions of section 3. state in NATO would serve the overall polit- tic Treaty of 1949 on the Accession of Monte- SEC. 2. DECLARATIONS. ical and strategic interests of NATO and the negro, which was opened for signature at The advice and consent of the Senate United States. Brussels on May 19, 2016, and signed that day under section 1 is subject to the following (B) REQUIREMENT FOR CONSENSUS AND RATI- on behalf of the United States of America. declarations: FICATION.—The Senate declares that no ac- The PRESIDING OFFICER. The (1) REAFFIRMATION THAT UNITED STATES tion or agreement other than a consensus de- question is on agreeing to the resolu- MEMBERSHIP IN NATO REMAINS A VITAL NA- cision by the full membership of NATO, ap- tion of ratification. TIONAL SECURITY INTEREST OF THE UNITED proved by the national procedures of each STATES.—The Senate declares that— NATO member, including, in the case of the Mr. COTTON. Mr. President, I ask for (A) for more than 60 years the North Atlan- United States, the requirements of Article the yeas and nays. tic Treaty Organization (NATO) has served II, section 2, clause 2 of the Constitution of The PRESIDING OFFICER. Is there a as the preeminent organization to defend the the United States (relating to the advice and sufficient second? countries in the North Atlantic area against consent of the Senate to the making of trea- all external threats; ties), will constitute a commitment to col- There appears to be a sufficient sec- (B) through common action, the estab- lective defense and consultations pursuant ond. lished democracies of North America and Eu- to Articles 4 and 5 of the North Atlantic The clerk will call the roll. rope that were joined in NATO persevered Treaty. The assistant bill clerk called the and prevailed in the task of ensuring the sur- (5) INFLUENCE OF NON-NATO MEMBERS ON roll. vival of democratic government in Europe NATO DECISIONS.—The Senate declares that and North America throughout the Cold any country that is not a member of NATO Mr. CORNYN. The following Senator War; shall have no impact on decisions related to is necessarily absent: the Senator from (C) NATO enhances the security of the NATO enlargement. Georgia (Mr. ISAKSON). United States by embedding European states (6) SUPPORT FOR 2014 WALES SUMMIT DEFENSE The PRESIDING OFFICER. Are there in a process of cooperative security planning SPENDING BENCHMARK.—The Senate declares any other Senators in the Chamber de- and by ensuring an ongoing and direct lead- that all NATO members should continue to ership role for the United States in European move towards the guideline outlined in the siring to vote? security affairs; 2014 Wales Summit Declaration to spend a The yeas and nays resulted—yeas 97, (D) the responsibility and financial burden minimum of 2 percent of their Gross Domes- nays 2, as follows: of defending the democracies of Europe and tic Product (GDP) on defense and 20 percent

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Mr. President, I ask unan- dicial philosophy and his view of the SEC. 3. CONDITIONS. imous consent that the Senate resume law were irrelevant to our consider- The advice and consent of the Senate legislative session. ation of his nomination. under section 1 is subject to the following The PRESIDING OFFICER. Without The well-funded campaign to put conditions: objection, it is so ordered. Judge Gorsuch on the Supreme Court (1) PRESIDENTIAL CERTIFICATION.—Prior to f fueled by millions of dollars of money the deposit of the instrument of ratification, from unnamed donors has attempted to the President shall certify to the Senate as MORNING BUSINESS create a narrative about Judge follows: Mr. BURR. Mr. President, I ask unan- (A) The inclusion of Montenegro in NATO Gorsuch and the stakes of this nomina- will not have the effect of increasing the imous consent that the Senate be in a tion. This is a narrative woven with overall percentage share of the United States period of morning business, with Sen- Ivy League credentials and endorse- in the common budgets of NATO. ators permitted to speak therein for up ments but not revealing at all about (B) The inclusion of Montenegro in NATO to 10 minutes each. Judge Gorsuch’s judicial philosophy— does not detract from the ability of the The PRESIDING OFFICER. Without the heart he would bring to his view of United States to meet or to fund its military objection, it is so ordered. the law. requirements outside the North Atlantic Mr. BURR. Mr. President, I suggest During the hearing, many of my Re- area. the absence of a quorum. (2) ANNUAL REPORT ON NATO MEMBER DE- publican colleagues echoed the view FENSE SPENDING.—Not later than December 1 The PRESIDING OFFICER. The that credentials are enough and that of each year during the 8-year period fol- clerk will call the roll. our real questions about Judge lowing the date of entry into force of the The senior assistant legislative clerk Gorsuch’s record and philosophy are Protocol to the North Atlantic Treaty of 1949 proceeded to call the roll. somehow irrelevant or even inappro- on the Accession of Montenegro, the Presi- Ms. HIRONO. Mr. President, I ask priate. Certainly, Judge Gorsuch did dent shall submit to the appropriate congres- unanimous consent that the order for his part, telling us time and again in sional committees a report, which shall be the quorum call be rescinded. his words, his views, his writings, and submitted in an unclassified form, but may The PRESIDING OFFICER. Without be accompanied by a classified annex, and his clearly expressed personal views which shall contain the following informa- objection, it is so ordered. that these writings had no relevance to tion: f what he would do as a judge. I disagree. (A) The amount each NATO member spent In my view, there is a great deal of NOMINATION OF NEIL GORSUCH on its national defense in each of the pre- difference between how Judge Gorsuch, vious 5 years. Ms. HIRONO. Mr. President, during as Justice Gorsuch, would approach the (B) The percentage of GDP for each of the last week’s hearing on Donald Trump’s kinds of tough cases that reach the Su- previous 5 years that each NATO member nominee to the Supreme Court, Neil preme Court and how, say, a Justice spent on its national defense. Gorsuch, I raised serious concerns Merrick Garland would approach these (C) The percentage of national defense about what is at stake for the future of spending for each of the previous 5 years cases. that each NATO member spent on major our country. It is a mistake to think We know that Justice Scalia and Jus- equipment, including research and develop- that the confirmation process for a tice Ginsburg, both legendary jurists ment. lifetime appointment to our Nation’s and close friends, would reach dramati- (D) Details on the actions a NATO member highest Court is only about the nomi- cally different results in cases that has taken in the most recent year reported nee. It isn’t. matter deeply in the lives of millions— to move closer towards the NATO guideline The real focus and the real heart of cases like Shelby County, like Lilly outlined in the 2014 Wales Summit Declara- this decision lies in the struggles that Ledbetter, like Hobby Lobby, like Roe tion to spend a minimum of 2 percent of its working families, women, people of GDP on national defense and 20 percent of its v. Wade. Justice Scalia and Justice national defense budget on major equipment, color, the differently abled, the LGBTQ Ginsburg differ in how they view im- including research and development, if a community, immigrants, students, sen- portant cases that came before them. NATO member is below either guideline for iors, and our Native people face every That is why a Justice’s judicial philos- the most recent year reported. single day. These are the everyday ophy is important in our consider- SEC. 4. DEFINITIONS. Americans who will be impacted by the ations. In this resolution: decisions Justice Gorsuch would make. Donald Trump knew this, too, when (1) APPROPRIATE CONGRESSIONAL COMMIT- These are the people who would have he set forth his clear litmus test for his TEES.—The term ‘‘appropriate congressional been hurt by Donald Trump and the Supreme Court pick. To paraphrase the committees’’ means the Committee on For- Congressional Republicans in their eign Relations and the Committee on Armed President, he wanted a Justice who Services of the Senate and the Committee on failed attempt to repeal the Affordable would adhere to a broad view of the Foreign Affairs and the Committee on Care Act. Second Amendment, who believes cor- Armed Services of the House of Representa- Donald Trump and the Republicans porations are entitled to ‘‘religious tives. in Congress fought for a plan that freedom’’ at the expense of the rights (2) NATO MEMBERS.—The term ‘‘NATO would callously throw Americans by of their employees, and who would members’’ means all countries that are par- the tens of millions out in the cold overturn Roe v. Wade, to quote the ties to the North Atlantic Treaty. without health insurance and would President, ‘‘automatically.’’ (3) NON-NATO MEMBERS.—The term ‘‘non- make the lives and health of millions In Judge Gorsuch, Donald Trump se- NATO members’’ means all countries that are not parties to the North Atlantic Treaty. more precarious. It was only through lected a nominee who passed his litmus (4) NORTH ATLANTIC AREA.—The term the voices of Americans who were loud test. When we asked Judge Gorsuch ‘‘North Atlantic area’’ means the area cov- and steadfast in confronting about his opinions in specific cases like ered by Article 6 of the North Atlantic Trea- TrumpCare that TrumpCare failed. that involving the terrible choice fac- ty, as applied by the North Atlantic Council. These are the people for whom the need ing Alfonse Maddin between freezing to (5) NORTH ATLANTIC TREATY.—The term for justice is often most urgent. An un- death or being fired, the judge told us ‘‘North Atlantic Treaty’’ means the North derstanding of these people, their lives, we should look instead at his whole Atlantic Treaty, signed at Washington April and how they would be impacted by the record. When I examined his whole 4, 1949 (63 Stat. 2241; TIAS 1964), as amended. (6) UNITED STATES INSTRUMENT OF RATIFICA- Court is what I found to be missing record, I saw too little regard for the TION.—The term ‘‘United States instrument from Judge Gorsuch’s view of the law. real-world impact of his decisions and of ratification’’ means the instrument of It is these same voices I am listening a refusal to look beyond the words to ratification of the United States of the Pro- to now. the meaning and intent of the law,

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It broke his heart. ator from New Mexico. times, his narrow interpretations led Judge Gorsuch’s extraordinarily nar- f to decisions that were on the side of row interpretation of the IDEA was re- big corporations and against the side of RUSSIA AND TRUMP CAMPAIGN jected unanimously by the U.S. Su- INVESTIGATION the little guy. When asked to respond, preme Court last week. In his opinion Mr. HEINRICH. Mr. President, I he said that if we didn’t like the result, for the unanimous Court, Chief Justice come to the floor today, not as a mem- if we didn’t like his decisions, it was Roberts concluded that the minimal ber of any one committee or political because a statute was too limited or standard determined by Judge Gorsuch party but as a gravely concerned Amer- unclear, and that Members of Congress was clearly at odds with the purpose of ican. should do better. the law for children who are not pro- We asked Judge Gorsuch about his On a seemingly daily—or even hour- gressing along with their peers. Justice decision in Hobby Lobby, which found ly—basis, there is a new revelation an expansive new right to religious lib- Roberts wrote: about the Trump campaign’s possible erty for a corporation that employed The goals may differ, but every child ties to or even coordination with Rus- thousands of people. He did not explain should have the chance to meet challenging sia’s interference in our Presidential objectives. . . . When all is said and done, a election last year. With these constant how he assessed the terrible impact student offered an educational program pro- this decision had for thousands of viding ‘‘merely more than de minimis’’ reports coming out, it can be difficult working women at the company who progress from year to year can hardly be said to see through all the smoke in the air. would now be denied access to contra- to have been offered an education at all. However, what is clear is that we ceptive coverage. When asked by my colleague, Sen- must get to the bottom of what exactly When I met with Judge Gorsuch, he happened. I know that the White House ator DURBIN of Illinois, why the judge and some in Congress are furiously told me he had a heart. After 4 days of wanted to ‘‘lower the bar so low’’ in his working to sweep this under the rug, hearings, I still don’t know what is in decision, Judge Gorsuch, referring to but only the truth will serve as a pub- his heart. I would have liked Judge Luke’s case, responded: Gorsuch to have been more open so we lic means to move past this crisis for could have had a real conversation If anyone is suggesting that I like a result our democracy. where an autistic child happens to lose, That is why I come to the Senate about what the law is and who the that’s a heartbreaking accusation to me. courts protect. What we got instead Heartbreaking. But the fact of the matter is floor today, to address this issue before were platitudes about the work of the what is bound by certain precedent. my colleagues and to help the Amer- ican people sort through the details of courts that came straight from a Nor- Heartbreaking or not, Judge Gorsuch what we know to be the undisputed man Rockwell painting. still found against the autistic child. I did agree with the judge that arti- facts. We know without a doubt, based Thankfully, the Supreme Court dis- cle III courts are there to protect mi- on the assessment of credible intel- agreed with Judge Gorsuch’s wrong de- nority rights. Article III of the Con- ligence, that the Russian Government cision. It was wrong because remedial stitution protects the independence of hacked into Presidential campaign in- legislation such as IDEA should be the Supreme Court and the lower Fed- frastructure and sought not only to broadly interpreted in favor of the eral courts and gives enormous author- damage Hillary Clinton but to try to group being protected. And it was ity to judges and Justices to determine help elect Donald Trump. how to apply the law to the cases be- wrong because the courts are not inno- Russian intelligence operatives fore them to protect minority rights. cent bystanders. Their decisions have hacked into the email servers of both It is critical that before we decide to real-world impacts for thousands or of our two major political parties. grant Judge Gorsuch a lifetime ap- even millions of people beyond the par- They chose to selectively leak informa- pointment to the Nation’s highest ties in a particular case before the tion that damaged one Presidential Court, the Senate is able to gain an un- Court. candidate and favored the other. This derstanding of his approach to the law. This is especially true of the Su- is not a partisan political assessment. At our judiciary committee hearing, I preme Court, which issues decisions This is the plain truth as proven by asked Jeff Perkins, the father of a that don’t just reach those cases in credible intelligence gathered by the young boy with autism, about the im- front of them—the frozen trucker, CIA, the FBI, the NSA, and the mili- pact of Judge Gorsuch’s decision on his women who work at Hobby Lobby faced tary’s Cyber Command. In addition, 17 son’s education progress at and outside with lack of critical healthcare. They U.S. intelligence agencies issued a of his new school. The case involved also reach millions of others impacted statement expressing their unanimous the protections of the Individuals with by interpretations of the law made by assessment that Moscow had pene- Disabilities Education Act, or IDEA, the Court in those decisions. The Su- trated State election voting centers. which Judge Gorsuch’s decision nar- preme Court does not just interpret our During an open hearing in the Senate rowed to point that these comments laws. The Supreme Court is an affirma- Intelligence Committee in January of under the law were deemed virtually tion of our country’s values. The Su- this year, FBI Director James Comey meaningless. preme Court shapes our society. said: ‘‘There were intrusions and at- The new school that Luke Perkins When we began the hearings on tempted intrusions at the state level attended made little effort to ensure Judge Gorsuch’s nomination, I said the voter registration databases.’’ Director that the skills he developed in school Supreme Court vacancy isn’t just an- Comey said that there was no evidence were translating at home. As a result, other position we must fill in our Fed- of activity on election day related to Luke severely regressed. Experts in au- eral judiciary. A Supreme Court va- this voter registration data. However, tism, psychology, and occupational cancy is a solemn obligation we must this clearly demonstrates that this therapy testified on Luke’s behalf that fulfill for the future of our country and data may be vulnerable to future cyber the school was seriously neglecting his for our future generations. The central attacks and manipulations by foreign needs. An impartial hearing officer, an question for me, in looking at Judge hackers. administrative law judge, and Federal Gorsuch and his record and listening What happened in this last year’s district court all agreed Luke’s regres- carefully through 3 days of hearings, is election is already disturbing enough. sion showed that the school was not whether he would be a Justice for all or In testimony during the same Senate providing him with a ‘‘free appropriate Justice for some. Regrettably, I do not Intelligence Committee hearing, then- public education’’ as required by the believe Judge Gorsuch would be a Jus- Director of National Intelligence IDEA. tice for all of us. James Clapper said:

VerDate Sep 11 2014 01:30 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G28MR6.042 S28MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 28, 2017 CONGRESSIONAL RECORD — SENATE S2041 We have high confidence that President Contrary to denials, we know that by the moniker ‘‘Guccifer 2.0.’’ Stone Putin ordered an influence campaign in 2016 senior leaders and surrogates in then- tweeted out predictions that Hillary aimed at the U.S. Presidential election. The Candidate Donald Trump’s campaign Clinton senior campaign aide John goals of this campaign were to undermine had contact with the Russian Govern- Podesta’s personal emails would soon public faith in the U.S. Democratic process, denigrate Secretary [Hillary] Clinton and ment and actors behind the Russian be published, saying: ‘‘Trust me, it will harm her electability and potential presi- cyber attacks and leaks. soon be Podesta’s time in the barrel.’’ dency. One campaign adviser, Carter Page, Stone also tweeted: ‘‘I have total con- He continued: ‘‘Putin and the Rus- traveled to Moscow in July of 2016 on a fidence that WikiLeaks and my hero sian government also developed a clear trip approved by the Trump campaign. Julian Assange will educate the Amer- preference for President-elect Trump.’’ During the trip, Page delivered a lec- ican people soon.’’ That shocking revelation at the very ture that slammed U.S. policy toward Soon after this, WikiLeaks released least begged for deeper investigation Russia. Three days later, at the Repub- its first batch of John Podesta’s stolen and accountability to protect our lican National Convention, Trump emails and continued releasing more democratic institutions from foreign campaign aides stepped in to oppose on a daily basis up until election day. In the face of these facts, the Trump interference moving forward. After all, the inclusion of language in the RNC administration’s story has evolved Russia did not do this to help the Re- platform that called on the U.S. Gov- from rejecting Russian influence on the publican Party. Russia did this to help ernment to send weapons to our ally election entirely to denying any con- Russia. Ukraine in response to Russian mili- nection or communication with Rus- I don’t want foreign powers putting tary aggression and the illegal invasion sian actors, to asserting that this con- their thumb on the scales for Demo- by Russia of Ukrainian Crimea. tact was, in fact, innocent or routine crats or Republicans in our elections. Despite Trump campaign denials of and that Americans should simply Our democracy hinges on our ability to involvement at the time, former cam- trust that there was nothing more protect the voices of Americans to paign aides have since come forward to going on. But to ask the public to trust choose our own leaders. Nothing could say that, yes, they were involved in de- you when you have falsely denied that be more fundamental in democracy. feating that language in the platform. While this was going on, again, de- the communication occurred in the You can see similar ongoing Russian spite denials to the contrary, we know first place is absurd on its face and, in efforts to work seeking to influence that senior Trump advisers met with fact, it is a plausible reason to suspect and undermine democratic elections in Russian Ambassador to the United possible coordination. France, Germany, and throughout the States Sergey Kislyak on the sidelines After the election, we now know that West, in addition to the former Soviet of the Republican Convention. President-Elect Trump’s appointed Na- states, which is why we have to take We know that then-Senator Sessions, tional Security Advisor, Michael this seriously and to see through the a senior campaign surrogate, also met Flynn, and Trump’s senior aide and latest news cycle, political com- with Kislyak in his personal Senate of- son-in-law, Jared Kushner, had a secret mentary, or tweet and remain focused fice later in September. meeting with Russian Ambassador on following the facts, wherever they Again, this communication was un- Kislyak and that Flynn later con- may lead us. covered despite Attorney General Ses- ducted phone calls with Kislyak that Unfortunately, the facts suggest that sions denying it had ever taken place. included discussion of rolling back we not only need to hold the Russians During his Senate confirmation hear- sanctions for Russia. accountable but that we also have rea- ing in January, then-Senator Sessions Flynn has since resigned as National son to look into possible ties between said in response to a pointed question Security Advisor after having lied key members of the Trump campaign about how he would respond as Attor- about the content of his conversations and their connections to the Russian ney General to any evidence that any- with Kislyak. actors who we know meddled in our one affiliated with the Trump cam- Attorney General Jeff Sessions has election. paign communicated with the Russian recused himself from the investigation The obvious question Americans are Government in the course of the cam- into the Trump campaign’s possible demanding an answer to is this: Did paign: ties to Russia due to his undisclosed the Trump campaign cooperate—or I’m not aware of any of those activities. I meetings with the same Russian Am- even coordinate—with the Russians in have been called a surrogate at a time or two bassador. their effort to help Donald Trump? It is in that campaign, and I didn’t have—did not Last week, FBI Director James a logical question that has striking im- have communications with the Russians. Comey confirmed to the public that the plications not only for the Trump ad- Then the day after the Republican FBI is currently conducting a counter- ministration but also for our democ- National Convention, WikiLeaks post- intelligence investigation into possible racy as a whole. ed nearly 20,000 emails hacked and sto- coordination between President The President and his senior advis- len by Russian intelligence from the Trump’s campaign and the Kremlin. ers—both on the campaign and now in DNC server. I will repeat that because I fear that the administration—have vehemently After this, Donald Trump, during a the public is becoming desensitized to denied any Russian connections what- press conference in late July, called on the gravity of what we are learning soever. Back in November, Hope Hicks, Russia to hack Hillary Clinton’s pri- about. The President’s campaign offi- a Trump campaign spokesman said: vate email, saying: cials are under investigation by the ‘‘There was no communication between I will tell you this—Russia, if you’re lis- FBI for possible links with the Russian the campaign and any foreign entity tening, I hope you’re able to find the 30,000 Government, including whether they during the campaign.’’ emails that are missing. I think you will coordinated with one another to im- A month ago, President Trump re- probably be rewarded mightily by our press. pact our Presidential election. sponded to a question in a press con- Although Trump later claimed to be We also saw reports last week that ference about whether anyone in his joking, we now have reason to believe before his time on the Trump cam- campaign had been in contact with that one of his friends and advisers, paign, former Trump campaign man- Russia, saying: Roger Stone, was in contact with the ager Paul Manafort created and then Nobody that I know of . . . Russia is a Russian hackers behind the cyber at- sold the Russians what appears to ef- ruse. I have nothing to do with Russia. tacks. Stone boasted in a speech in Au- fectively be a playbook on how to un- I truly wish that that was what the gust 2016 that he had communicated dermine Western democracy and to fur- facts had shown, but at nearly every with WikiLeaks’ founder Julian ther the interests of the Russian Gov- turn, there is evidence—and, when Assange and that more damaging docu- ernment, including here in the United forced, admission—that there were, in ments would be forthcoming in what he States. fact, communications and contact with called an ‘‘October surprise.’’ Manafort’s reported recommenda- the Russians that are not only unprece- Stone also admitted to commu- tions to use political campaign tactics, dented but truly hard to believe and to nicating via Twitter with the Russian establish front groups, and manipulate understand. hacker behind the breaches who went the press cycle are strikingly similar

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Most re- its former campaign chairman, a man ordinated or cooperated with this ef- cently, Castleton has partnered with who played a central role in the Trump fort to undermine our American de- the Rutland Economic Development campaign, is indicative of its desperate mocracy. Corporation to open the Castleton attempts to cover up the facts. We cannot allow political pressure or Downtown Office, a publicly accessible The facts are there if we just look. unsubstantiated distractions to get in space for students and community The Trump campaign denied having the way of simply following the facts. members alike. A nexus of the down- worked to scrub the RNC platform to I don’t think it is hyperbolic to state town, this space now hosts the Center be friendlier to Russia but then later that the fate of our democracy depends for Entrepreneurial Programs, Center had to admit to having done so. on our ability to thoroughly and care- for Schools, Center for Community En- Michael Flynn denied conversations fully get to the truth here. Until we gagement, and the Castleton Polling with the Russian Ambassador and then are able to find out the full extent of Institute. David’s passion for the arts had to resign when that turned out to Russia’s operations and ensure that we has also inspired a coupling of the be a lie. set up protections against similar ac- Castleton Downtown Art Gallery and Attorney General Sessions denied tions going forward, our democratic in- the historic Paramount Theatre. having conversations with the Rus- stitutions will remain vulnerable. As the needs of our students, fami- sians but later recused himself from I want my constituents in New Mex- lies, and communities continue to the investigation after having to admit ico and all of the American people to evolve, David’s legacy is his success in that he secretly met on several occa- know that I remain committed to see- elevating education as a key solution sions with the Russian Ambassador. ing this important mission through to addressing our most pressing public The Trump campaign and Trump’s and following the facts, wherever they challenges. As he transitions to his advisers denied any communications may lead. next venture, I wish David and his wife, with the Russians, but it turns out I yield the floor. Lyn, great success and hope they will they personally met with the Russian I suggest the absence of a quorum. find joy in visiting family and friends Ambassador at the RNC, commu- The PRESIDING OFFICER. The found throughout the world. nicated with Russian hackers, and ap- clerk will call the roll. Mr. President, I ask unanimous con- pear to have had advanced notice about The legislative clerk proceeded to sent that a statement issued by impending DNC and Clinton leaks. call the roll. Castleton University be printed in the All of this culminates with the news Mr. WHITEHOUSE. Mr. President, I RECORD. that the Trump campaign chairman ask unanimous consent that the order There being no objection, the mate- sold the Russians a playbook on how to for the quorum call be rescinded. rial was ordered to be printed in the conduct a strikingly similar influence The PRESIDING OFFICER (Mr. RECORD, as follows: operation to undermine democracy and RUBIO). Without objection, it is so or- [From Castleton University] promote the Putin agenda throughout dered. PRESIDENT WOLK ANNOUNCES 16TH YEAR WILL the West. f BE HIS FINAL AT CASTLETON This is all a complicated web of con- LONGEST SERVING PRESIDENT IN UNIVERSITY TRIBUTE TO DAVID WOLK nections that we need to piece to- HISTORY TO STEP DOWN IN DECEMBER gether. As a member of the Senate In- Mr. LEAHY. Mr. President, today I Castleton University President Dave Wolk telligence Committee, I am committed wish to honor the enduring legacy of a announced at a campus assembly Wednesday to finding the answers that the Amer- champion of education and equity in that he will step down in December after ican people deserve and to working to- my home State of Vermont, David serving for 16 years as president. Wolk came gether with all of my colleagues on Wolk. to the presidency in December of 2001 after intertwined careers in education and govern- both sides of the aisle to put our Na- For the last 16 years, Mr. David Wolk has served admirably as the president ment, and 2017 marks his 43rd year in public tion first and to make sure that we get service. Wolk is the longest serving president to the bottom of this. of Castleton University. David’s retire- in Castleton history by more than four We need to do everything possible to ment at the close of 2017 will leave a years. get to the objective truth. That in- legacy of nearly 17 years of academic ‘‘I have been blessed, more than I deserve, cludes subpoenaing President Trump’s excellence, visionary leadership, and to have had so many leadership opportuni- tax returns and financial statements so unmatched commitment to commu- ties over the last 43 years, and I am espe- nity. As the longest serving president cially grateful for the last 16 at Castleton. that we can follow the money and de- Moving on at the end of 2017 will indeed be termine who holds the debt behind the in its history, David has led Castleton emotionally challenging because I absolutely President’s complex international busi- through an extraordinary trans- love our students and staff, I am lucky to be ness empire. That includes calling formation. David leaves Castleton as a part of this exceptional community, and I President Trump’s associates, such as vibrant, economic engine of the Green bleed green, full of Spartan Pride. I will be a Paul Manafort, Carter Page, Roger Mountain State and a trailblazer in Spartan always and forever.’’ Stone, Jared Kushner, Jeff Sessions, inclusivity, entrepreneurship, and serv- Beginning in 2018, Wolk will begin a new ice learning. startup venture, Wolk Leadership Solutions, and Michael Flynn to testify before the with his wife, Lyn. The Wolks will work with Senate Intelligence Committee. Castleton students have often found CEOs and Boards of Directors in business, But with the incredible amount of in- a unique kinship with David, noting his government, industry, schools, hospitals, formation and intelligence that we frequency in the student dining halls universities and an array of nonprofits to need to look through, I believe we also and at student club events. As an avid find solutions to leadership challenges. The should be open to an independent, non- fan of Castleton Spartan Athletics, new entrepreneurial venture will specialize partisan commission designed solely to David is proud of the accomplishments in coaching leaders to achieve greater suc- investigate what happened. of the school’s student-athletes. The cess, while offering mediation and conflict resolution services. During the investigation of Water- university more than doubled its var- ‘‘Our goal will be to help leaders to be gate and the ensuing scandal, Congress sity sport offerings during David’s ten- more successful. We will help boards and conducted a thorough select oversight ure, enabling Vermont students to play leaders to find solutions to their challenges, investigation at the same time that an Division III sports. The largest commu- and to do so in a way that will be effective independent special prosecutor was nity investment was the development and enduring over time through coaching pursuing a case to uncover the truth. of the Spartan Arena, which is used by and guiding change. I am also hoping to do All of those avenues proved to be essen- both the school and the community as some teaching and writing, including in- volvement in a Vermont leadership institute. tial to discovering the crimes and an all-purpose community center and Helping people to be better at what they do coverup that were committed. athletic space. has always been a passion.’’ If we do not take this seriously, our As a Rutland native, David has al- At his inauguration in the fall of 2002, fundamental democratic institutions ways felt a special connection to his Wolk addressed a standing room only crowd

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During his future brings. in their education and in their experiences, professional career he has served as a school improve their campus, and support each principal, superintendent, Vermont’s Com- Mr. President, I ask unanimous con- other for the benefit of Vermont. missioner of Education, Vermont State Sen- sent that a New York Times article During Wolk’s tenure the university in- ator, and on more than 40 boards and com- about Jasper Hill Farm be printed in vested nearly $100 million in infrastructure missions, chairing several of them. He plans the RECORD. improvements, expanded academic offerings to continue his life of public service in a va- There being no objection, the mate- at both the undergraduate and graduate lev- riety of ways going forward. rial was ordered to be printed in the els, and expanded co-curricular activities, f RECORD, as follows: which has transformed what was once con- sidered a ‘‘suitcase campus’’ into a model for RECOGNIZING JASPER HILL FARM [From the New York Times, Feb. 6, 2017] vibrancy and engagement across the state Mr. LEAHY. Mr. President, as in so SMALL CHEESE MAKERS INVEST IN A STINKY and region. SCIENCE many rural States, small businesses ‘‘Castleton has never been in better shape, (By Larissa Zimberoff) thanks to President Wolk’s visionary and make up the backbone of Vermont’s GREENSBORO, VT—There’s no sign an- passionate leadership,’’ said VSC Chancellor economy and communities. Countless nouncing that you’ve arrived at Jasper Hill Jeb Spaulding. ‘‘People who visit the campus Vermont businesses develop and manu- Farm, a creamery in the Northeast Kingdom, for the first time in a while are amazed at facture a wide array of products, rang- as Vermonters call that end of their state, the transformation that has taken place dur- ing from our thriving craft beer indus- but you can’t miss it. The main barn is ing his tenure. It will be impossible to re- try to Vermont-made peanut butter, painted midnight blue with a giant cheese place Dave and we will miss him greatly, but moon and cows floating happily in space. he will leave Castleton with a very strong candles, chocolates, and cheeses. I Blasted into the hillside is a concrete bunker foundation for success into the future.’’ would like to take this opportunity to Since 2001 Castleton has increased its en- recognize one of Vermont’s out- with seven cheese caves radiating from a rollment by more than 75 percent, more than standing small businesses, Jasper Hill central core. doubled its athletic offerings, built or ren- Farm. A small, rural creamery in the There’s one other surprising detail: a mod- ovated every building on campus, and ex- ern two-room laboratory filled with microbi- Northeast Kingdom, Jasper Hill Farm ology equipment and staffed with scientists. panded into nearby Rutland to offer students exemplifies our State’s essential bal- better connections with area businesses, Why does a small, rural creamery invest in schools, hospitals, and non-profits in an ef- ance of innovation and tradition. Andy technology for what has long been a low-tech fort to enhance the Castleton student experi- and Mateo Kehler have worked for product? Because it doesn’t have 500 years to ence. Recently, the university has taken more than 15 years to make the best learn what its European counterparts al- over operations of the Rutland Economic De- cheese possible, all while remaining ready know: the biological intricacies of how velopment Corporation, a partnership unlike true to their Vermont roots. to make the best cheese in a particular any other in the country, which has deep- Now an award-winning artisan cheese place. And because the same diversity of mi- crobial cultures is not available in North ened the university’s commitment to being business, Jasper Hill Farm began two an economic and intellectual driver in the America. decades ago when the brothers Kehler ‘‘Building a lab might seem extravagant or community while creating strong outcomes pooled their resources to buy a small for its students. of questionable value, but what we get as a In 2009 Wolk ushered in the Castleton Stu- farm in rural Greensboro, VT. They de- business over two, three, four generations— dent Initiative, a $25.7 million project which cided to try a new model of small- it’s a no-brainer,’’ said Mateo Kehler, who reinvigorated student life and learning and scale, value-added dairy farming that owns the farm with his brother, Andy. changed the face of campus. The largest in- would transform raw milk into a more The making of cheese depends on the con- tribution of myriad microbial actors. Both vestment in the history of Castleton, and the valuable product before leaving the Vermont State Colleges, it included im- yeast and bacteria are components of the farm. To do so, Mateo and Andy built a starter cultures that help turn milk into sol- provements and additions to nearly every as- creamery with space to age cheese next pect of student life including athletics, the ids, and those solids into cheeses with dis- campus center, and the arts. The crown jewel door to the barn. After 5 years of hard tinctive aromas, flavors and textures that of the project, Spartan Stadium, is one of work, the brothers finally had their are hard to resist. The interplay of these spe- the finest multi-use facilities in New Eng- first marketable cheese. cies, while understood in a basic sense, is land and has been central to the growth of What started as a few racks of cheese now receiving renewed scientific scrutiny Castleton’s athletic programs, as well as pro- with a couple of direct customers and appreciation in the United States. viding a venue to grow Castleton’s reach quickly expanded, as did the farm’s no- Unlike their peers in Europe, who benefit from centuries of tradition and from govern- throughout the state and beyond. toriety. Within 3 years, Jasper Hill Currently nearing the midpoint of the uni- ment support for research, American versity’s second ten-year plan, the Castleton Farm took home ‘‘Best of Show’’ at the farmstead cheese makers have typically Plan, Wolk has most recently overseen addi- American Cheese Society Conference. gone it alone. Starter cultures are a particu- tions in graduate education, enrollment in- Despite their hard-earned success, larly vexing ingredient. The only three do- creases, a greater presence in Rutland, and a Andy and Mateo continued with their mestic suppliers, including DuPont and focus on increasing international recruit- vision of increasing access to value- Cargill, are multinational corporations bet- ment. All of these changes culminated in added production for all interested ter known for chemicals, which has limited what proved to be one of the most historic farmers. They took new measures to the number of available cultures and caused discomfort in a field that strives for individ- days in the institution’s storied 230 year his- create opportunities for community tory when on July 23, 2015 the VSC Board of uality. Trustees unanimously voted to modernize success, opening their space to other But now several small cheese producers are the name to ‘‘Castleton University.’’ At the cheesemakers. Now, the creamery is working with scientists to develop their own time, Wolk said the name was both aspira- home not only to numerous cheese starters and use microbiology to create bet- tional and inspirational, as the community caves, but to a modern laboratory ter cheeses. set forth to achieve the goals of the where scientists work to create cheese Murray’s Cheese is working with Rocke- Castleton Plan. starter cultures. Years of research have feller University to learn more about the ‘‘Dave’s leadership, not just at Castleton enabled the creation of better cheese, microflora in its cheese caves in Long Island but also among the VSC Council of Presi- City, Queens. Uplands Cheese Company is dents and Board of Trustees, will be greatly and Jasper Hill Farm has become a working with the Center for Dairy Research missed,’’ said VSC Board Chair Martha magnet for other artisan cheesemakers at the University of Wisconsin to create a O’Connor. ‘‘He leads with his heart, cares along the way. new soft cheese, its first in seven years. deeply about the state and its students, and Andy and Mateo have created an out- But perhaps none have taken on cheese has positioned Castleton well for far reach- standing business that is rooted in the science as rigorously as Jasper Hill. Its lab- ing success now and in the future which will Vermont values of hard work and per- oratory, opened in 2013, has become a hub for benefit our state for years to come. The severance, while emphasizing the im- other cheese makers seeking help and in- board, and I personally, cannot thank him portance of community. Their efforts sight. When the Kehler brothers began making enough for his private candor, public sup- to reinvigorate the State’s dairy indus- port, and meaningful friendship.’’ cheese in 2003, their aim was to invigorate Wolk was born and grew up in Rutland. He try have contributed to our State’s the local dairy industry, which was, and still graduated from Rutland High School and identity and culture, as well as our ag- is, struggling. They started on their path to then Middlebury College with a degree in po- ricultural traditions. I am proud to fea- applied science in 2010, when Rachel Dutton,

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Eight is out wish to join the American people in sponse was overwhelming. ‘‘I don’t think she of this world. Tens are likely to be bestowed celebrating Women’s History Month. I realized how excited the artisan cheese in- only outside the farm: Jasper Hill’s Harbison would like to begin that celebration by dustry was going to be,’’ Mr. Kehler said. cheese recently took Super Gold at the paying homage to several women In 2014, Dr. Dutton published her findings World Cheese Awards in Spain. whose ingenuity and inventions have in the journal Cell. Working with Benjamin ‘‘I will be happy with a seven,’’ Dr. Lekkas shaped modern society, but who, like Wolfe, a postdoctoral researcher, she re- said. ported that the environment (cows, cheese innumerable women throughout his- caves, pastures) and methods (washing, salt- f tory, have not received the credit or ing, managing acidity) were as important to MONTENEGRO’S ACCESSION INTO recognition they are due. the development of cheese rinds, if not more Katherine Blodgett is a good place to NATO so, than the ingredients. start. In 1935, she invented the first This was a revelation. With this new sci- Mr. KING. Mr. President, today I transparent glass that eliminated dis- entific proof in hand, the Kehlers stopped wish to recognize the Senate’s historic tortion and glare. Before her, glass adding starter cultures to Winnimere, one of vote to ratify Treaty 114–12, Protocol their most popular raw-milk cheeses. ‘‘What contained small bubbles and inclusions we were adding wasn’t growing, and when we to the North Atlantic Treaty of 1949 on that was suitable for windows, but lit- stopped adding that, the cheese ripened more the Accession of Montenegro. This rep- tle else. Her method of producing and gracefully and deliciously,’’ Mateo Kehler resents an important step forward in cutting glass revolutionized the mate- said. Montenegro’s bid to join the North At- rial and is the reason we have camera Their pasteurized cheeses, though, still lantic Treaty Organization, NATO. lenses, microscopes, and eyeglasses needed starters because pasteurization kills Maine has strong ties to Montenegro bacteria both good and bad for cheese. So today. Without her pioneering work, they began making starter cultures from through the National Guard’s State our ability to see and our ability to bacteria in their own milk supply. Partnership Program, which pairs look into the universe would be de- Besides ending their reliance on big busi- State National Guards with partner na- graded. ness, this has allowed the brothers to create tions around the world. Both parties In 1942, the actress Hedy Lamarr and a cheese that can come only from a singular forge an enduring relationship over the a partner were granted a U.S. patent place: Greensboro, Vt. years through training exercises, mili- An on-site laboratory has its perks. In ad- for a secret communication system dition to having staff members who deeply tary-to-military engagement, and secu- that involved manipulating radio fre- understand microbiology, Jasper Hill Farm rity cooperation activities. These rela- quencies to form an unbreakable code has become a magnet for researchers near tionships are critical to our national to prevent classified messages from and far. Now working there are an engineer- security; they improve the capacity of being intercepted. The significance of ing intern from Brittany, France; a local friendly militaries, enhance our inter- her invention was not fully realized microbiologist; and Panos C. Lekkas, a food operability as allies, and allow us to until the 1960s, when it was used by microbiologist who has investigated the best promote our values in emerging na- ways to feed, tend and milk a cow for cheese naval ships during the Cuban Missile production. tions. Furthermore, they provide mem- Crisis. We were able to navigate that Dr. Lekkas, who was hired in November to bers of the Guard with unique opportu- perilous nuclear threat successfully in work full time at Jasper Hill, collaborates nities that make them more skilled part because of her self-taught inven- with Dr. Dutton, now at the University of military professionals and more experi- tiveness and skill. Lamarr’s coded California, San Diego, and with Dr. Wolfe, enced citizens. communications system has been used who leads a microbiology laboratory at Tufts The Maine National Guard partnered by numerous military agencies since. University. with Montenegro in December 2006, In addition to helping improve food safety Just 2 years later, in 1944, Grace Hop- procedures at the 85-person Jasper Hill just 6 months after Montenegro de- per made her own kind of history, be- Farm, Dr. Lekkas is overseeing the develop- clared its independence. In the decade coming what many consider to be one ment of a new cheese—a French Camembert since, the Maine National Guard has of the world’s first computer scientists. style that for now the team is calling Wild advised and assisted Montenegro as the She invented the compiler that trans- Moses. young nation has transformed its mili- lated written language into computer Dr. Lekkas was told that it takes eight tary, transitioning to an all-volunteer code and coined the terms ‘‘bug’’ and months to bring a new cheese to market. force and contributing troops to the co- ‘‘Mateo wants me to do it in three,’’ he said. ‘‘debugging.’’ Fifteen years later, she With science comes speed. alition fighting in Afghanistan. This led the team that developed COBOL, In order to make a soft pasteurized cheese relationship has expanded beyond the one of the very first programming lan- that does not rely on corporate additives, military dimension: the Maine Marine guages. the scientists sampled 300 promising strains Patrol has trained with the Montene- More recently, in 1965, Stephanie of yeast and bacteria, all pulled from milk grin marine police, and Mainers have Kwolek invented Kevlar. We know from Jasper Hill’s own 250 cows. worked with numerous Montenegrin Kevlar best as the material used to What makes a homegrown starter prom- ising? Sometimes it’s the color of the mi- governmental agencies to improve manufacture bulletproof vests, pro- crobes in a petri dish, but smell, too, can be their disaster preparedness and re- tecting our police officers and first re- telling. The group sniffed the samples and sponse. Through numerous joint exer- sponders in their greatest moments of noted any pleasing aromas: Play-Doh, Con- cises each year in both Maine and Mon- crisis, but Kevlar is widely considered cord grapes, tomato juice, clams, Kraft tenegro, Mainers have developed close, to be one of the strongest, most dura- American Singles. Dr. Wolfe’s lab ran a full lasting relationships with their Mon- ble materials ever invented and has be- genomic sequencing on the 15 top con- tenegrin counterparts. come a critical component in the man- tenders, which will provide a blueprint for Montenegro joined the State Part- ufacturing of airplanes, boats, cars, understanding how these strains are related to, or differ from, other cultures in the nership Program expressly as a means and bridge cables. cheese world. of achieving their desired accession to I pause to honor these great inven- Making funky cheese is tricky, even for NATO. The Senate’s ratification of tors and scientists because their names scientists. ‘‘There are subtle variations in Montenegro’s membership bid reflects should be familiar, but they aren’t. As flavor and aroma that you perceive in the hard work and enormous growth long as toxic, gender-role stereotypes cheese,’’ Dr. Wolfe said. ‘‘We want to under- that Montenegro has achieved in the persist, these women serve as impor- stand what drives that variation.’’ With Dr. last 10 years. Mainers should be proud tant examples that such stereotypes Wolfe’s genomic data, the team can track of the support and training that they are hollow and wrong. Women have the microbes through the entire cheese-mak- ing process. have offered during this time. Maine been serving on the frontlines of war, In November, the first batch of cheese was stands beside Montenegro as it takes a science, and invention since long be- produced using five strains from the original major step toward NATO membership, fore men ‘‘allowed’’ them.

VerDate Sep 11 2014 01:30 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A28MR6.021 S28MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 28, 2017 CONGRESSIONAL RECORD — SENATE S2045 These women and others are part of State policies to limit the types of we recognize Women’s History Month: our untold history. You will rarely buildings abortions can be performed in to remind ourselves and each other hear them discussed in American class- or the threat to defund Planned Par- that women helped build this Nation rooms, and you will seldom find their enthood, women’s rights are under at- and this world. We need to remind our- stories printed in textbooks. Most peo- tack. selves that women are therefore enti- ple wouldn’t even recognize their Let’s be clear that Federal funding tled to equal representation in it and names; yet our lives and fortunes have for abortion services is already banned equal access to its opportunities. We been shaped by them. Every day, men under the Hyde Amendment. Today’s need to remind ourselves that women go to work protected by Kevlar vests, witch hunt against Planned Parent- deserve equal respect and equal protec- live their daily lives with the benefit of hood is not substantive in nature; it is tion under the law and that women’s eyeglasses, or boot up their laptop a thinly-veiled attempt to prolong a rights are human rights. We all prosper computer using the devices and tools culture war with the hope of assuaging when we fight to protect them. women gave them. That is both the far-right voters. Women’s reproductive Toward these ends, I have led the majesty and tragedy of women’s his- rights deserve more than to be treated charge in Congress to ratify the Equal tory: it is inextricable and powerful as a political punchline. Reproductive Rights Amendment. Many Americans and entirely undervalued. rights were hard-won by centuries of would be shocked to learn that the This Women’s History Month should activism and pain, and we—all Mem- Constitution still lacks a provision en- not pass without each and every one of bers of this Chamber—must vow this suring gender equality. That is wrong, us at the very least taking the time to month and every month to honor that but it is fixable. I have introduced S.J. acknowledge and appreciate the women with our votes and with our voices. We Res. 5, legislation to remove the dead- of history who helped to invent modern must vow not to let women’s reproduc- line for States to ratify the Equal society, who fought alongside men in tive rights be diminished on our watch. Rights Amendment, which would pave every war, who gave us more complete It is 2017, and still, women are ex- the way for its formal adoption. Ne- pected to be everything simulta- rights and equality, who endured the vada recently passed the Equal Rights neously, all while they are refused the habitual and everyday scorn of Amendment, leaving us just two States tools and the freedom to balance such sexism—and who did so generation shy of success. difficult demands. It is 2017, and still, after generation without accolade or The Equal Rights Amendment is only families—mothers most of all—are too recognition. slightly longer than two tweets, but its Perhaps the best way to honor the often forced to choose between parent- ratification would finally give women past is to secure the future. The deni- hood and economic security, between full and equal protection under the recovering from childbirth and their zens of women’s history didn’t endure Constitution. It reads as follows: career. No woman, no matter what her systemic misogyny or work so hard to Section 1. Equality of rights under the law line of work or Zip Code may be, should change our world so that we would peer shall not be denied or abridged by the United be forced to make such an impossible backward and applaud. They did so States or by any State on account of sex. decision. It is our job to pass legisla- Section 2. The Congress shall have the with the hope we would look forward tion to ensure no woman has to. power to enforce, by appropriate legislation, and make progress. Even with the Lilly Ledbetter legis- the provisions of this article. We still have a long way to go, but lation, women today are paid, on aver- Section 3. This amendment shall take ef- we have made progress. Thanks to the fect two years after the date of ratification. age, just 77 cents for every dollar men Affordable Care Act, being a woman is receive for performing the same work. It is that simple, and it is both nec- no longer considered a ‘‘preexisting That gap is even worse for women of essary and past time to adopt it. When Congress passed the ERA in condition’’ that warrants higher pre- color: African-American women only 1972, it provided that the measure had miums and deductibles. Also thanks to earn 64 cents to the dollar, while to be ratified by three-fourths of the the Affordable Care Act, preventative Latina women earn only 55 cents. That services for women—like mammo- is a problem begging to be solved by States, 38 States, within 7 years. The grams, cervical cancer screenings, and Congress. That is a problem for all of original deadline was later extended to prenatal care—are covered by insur- us. Women are powerful economic en- 10 years by a joint resolution enacted ance companies. Today more than 48 gines in this country, and if we con- by Congress. Ultimately, 35 States rati- million American women take advan- tinue to stand idly by while their work fied the ERA by the time the revised tage of that. is underpaid and undervalued, we will deadline expired, leaving advocates a Thanks to the Lilly Ledbetter Fair all suffer. We will all have to explain to little short. Article V of the Constitution con- Pay Act, women have extended protec- our daughters and granddaughters why tion in cases of wage discrimination. we didn’t fight harder for them. tains no time limits for ratification of The Lilly Ledbetter Act finally recog- Critically, there is also the issue of constitutional amendments. In fact, in nized that, when pay discrimination violence against women. It is a moral 1992, the 27th Amendment to the Con- occurs, it is not a single event, but a outrage that women experience about stitution prohibiting immediate con- chronic and repeated offense that in- 4.8 million intimate partner related gressional pay raises was ratified after flicts ongoing damage with each and physical and sexual assaults every sin- 203 years. The Senate could pass my every substandard paycheck. This sim- gle year. When women stand up and legislation removing the 10-year dead- ple and commonsense recognition has tell us the stories behind this number, line right now. I strongly encourage allowed women to seek justice against we must sit down and listen. We must the majority leader to bring S.J. Res. 5 the kind of economic disenfranchise- stop speaking over them with advice on up for a vote as soon as possible. Amer- ment that has plagued generations. how to protect themselves or avoid cer- ican women deserve to know that their Progress, however, does not have its tain social situations. They shouldn’t most fundamental rights are explicitly own autopilot button. We must be its have to. It is insulting to presume they protected by our nation’s most vener- stewards and its champions. We must require lectures on personal safety, but ated document. be its agents. We must protect it ac- that men don’t require lectures on con- I have often said that how a nation tively, each and every day, or else we sent. This problem demands a cultural treats its women is a good barometer will be complicit in its loss. shift, and we must be its purveyors. of that nation’s potential for success as I am talking about women’s repro- There is the issue of college afford- a whole. I hold the United States of ductive rights. A woman’s right to ability. A related issue is access to and America to that standard. Every day, I make her own decisions is under threat participation in science, technology, weigh the successes and failures we today. Her body is her body. It is not engineering, and mathematics, STEM, have had along the path toward fair ours, and it certainly is not the govern- programs and—of equal importance— treatment and gender equality, and I ment’s. Roe v. Wade decided that in encouragement to join them. Women assess ways Congress can facilitate 1973, yet 44 years later, the Federal need to be better represented in posi- more successes. Every day, I reevaluate Government is run by a party that uses tions of power. how best to fight for the Equal Rights every tool at its disposal to chip away These and other issues are what is at Amendment, how best to protect repro- at reproductive rights. Whether it is stake. These and other issues are why ductive rights, how best to fight for

VerDate Sep 11 2014 01:30 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G28MR6.041 S28MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S2046 CONGRESSIONAL RECORD — SENATE March 28, 2017 paid family leave and affordable higher passage of amendments to the Voting half the globe, leading 45,000 airmen education and greater representation Rights Act in 1970 that set 18 as the across the Pacific from Hawaii and in this very Chamber. minimum voting age for both Federal Alaska to Japan and Korea. He pro- I invite every Senator to do the and State elections. When the Supreme vided critical strategic leadership as same, both because those are the right Court ruled in Oregon v. Mitchell that the United States worked to strength- battles and because fighting them pro- the law applied only to Federal, not en its commitment to peace and pros- tects gender equality progress that has State elections, Congress adopted the perity in the Asia-Pacific Region at been so hard-won by the women of this 26th Amendment. Just over 3 months time of increasing challenge. Nation. We must not allow those vic- later, on July 1, 1971, three-fourths of Under General Carlisle’s leadership, tories to be reversed. We must keep the States had ratified the amendment, the airmen of Air Combat Command progressing. making it the quickest amendment pressed the fight against America’s ad- This Women’s History Month, I am ever to be adopted. versaries, delivering devastating ef- reminded of what the poet G.D. Ander- In addition to these two constitu- fects against violent extremism in Af- son once said: ‘‘Feminism is not about tional amendments, Senator Bayh ghanistan, Iraq, and Syria. General making women strong. Women are al- wrote the landmark title IX to the Carlisle’s determination and hard work ready strong. It’s about changing the Higher Education Act, which mandates were essential to bringing the Air way the world perceives that equal opportunities for women stu- Force’s F–35A Joint Strike Fighter to strength.’’ Let us remember it is pre- dents and faculty. Senator Bayh was initial operational capability—no cisely that strength that has propelled also an architect of the Juvenile Jus- small achievement for a long-delayed our world forward. It is precisely that tice Act of 1974, which requires the sep- and troubled program, yet one that is strength that serves as the foundation aration of juvenile offenders from adult so critical for sustaining America’s of so many of this country’s successes, prison populations, and he played a military dominance into the future. and it is precisely that strength we vital role in the drafting and passage of I had the pleasure of getting to know must remember and meet with our the landmark 1964 Civil Rights Act and General Carlisle when he served as di- own, when women’s rights are under the 1965 Voting Rights Act. rector of the Air Force’s Legislative siege. Since leaving the Senate in 1980, Sen- Liaison Office. It was then that I came f ator Bayh has committed himself to to appreciate his honesty and candor. leadership in civic policy. He has 50TH ANNIVERSARY OF THE 25TH Those of us tasked with the oversight served as chairman of the University of AMENDMENT AND TRIBUTE TO of the Department of Defense and our Virginia’s Miller Center Commission BIRCH BAYH Armed Forces rely upon the candor of on Presidential Disability and the 25th our senior military leaders. In my Mr. DONNELLY. Mr. President, Amendment and as a member of the interactions with General Carlisle in today I wish to honor the 50th anniver- center’s Commission on Federal Judi- various positions through the years, sary of the ratification of the 25th cial Selection. He is also founding whether in private meetings or in pub- Amendment and recognize one of my chairman of the National Institute lic testimony, I could always count on predecessors from Indiana in the U.S. Against Prejudice and Violence, a non- General Carlisle to provide his best Senate, Birch Bayh. Birch Bayh rep- profit, first-of-its-kind organization military advice on critical defense resented Indiana for three terms in the dedicated to studying prejudice and matters affecting the Air Force and Senate, from 1963 to 1981. Senator Bayh hate crimes in America. our Nation. I hope his successors will was an accomplished lawyer, legislator, Senator Bayh, as you and your wife, follow in that same spirit of trans- and the only non-Founding Father to Kitty, enjoy your retirement, the con- parency and collaboration. I also hope draft two amendments to the U.S. Con- tributions you have made to our coun- that my colleagues and I will continue stitution that were enacted. try endure. The indelible mark you to benefit from General Carlisle’s wise February 2017 marked the 50th anni- have made on the orderly transition of counsel. versary of the ratification of the 25th power and preservation of justice is Once again, I want to express my sin- Amendment to the Constitution. The still celebrated with pride today as we cere thanks to General Carlisle for his 25th Amendment created an orderly commemorate the 50th anniversary of distinguished service to our country transition of power in the case of death the 25th Amendment. Recently, the and congratulate him on a well-earned or disability of the President and a American Bar Association honored you retirement. I wish General Carlisle and method of selecting a Vice President with a Presidential citation for exhib- his family all the best as he embarks when a vacancy occurs in that office. iting the highest standards of public on the next chapter of his life. Before its passage, our Nation experi- service as a lawyer and for extraor- enced several occasions when the Presi- dinary leadership on issues of law and f dent was unable to perform his powers justice, including the 25th Amendment. MESSAGE FROM THE HOUSE and duties, with no constitutional pro- You are richly deserving of these acco- vision for temporary transfer of these lades, as well as the gratitude of this At 11:15 a.m., a message from the powers to the Vice President. The Senate and the American people, for House of Representatives, delivered by amendment was first relied upon fol- your lifetime of service. Mr. Novotny, one of its reading clerks, announced that the House has passed lowing the resignations of Vice Presi- f dent Spiro Agnew and President Rich- the following bills, in which it requests ard Nixon. It also provided the basis for TRIBUTE TO GENERAL HERBERT the concurrence of the Senate: President Ronald Reagan to tempo- ‘‘HAWK’’ CARLISLE H.R. 654. An act to direct the Adminis- rarily pass his duties to Vice President Mr. MCCAIN. Mr. President, I wish to trator of the Federal Emergency Manage- George H. Bush when President Reagan offer my congratulations to Gen. Her- ment Agency to carry out a plan for the pur- underwent surgery. bert ‘‘Hawk’’ Carlisle on the occasion chase and installation of an earthquake early warning system for the Cascadia While we all hope not to have to use of his retirement from the U.S. Air Subduction Zone, and for other purposes. the 25th Amendment, having an estab- Force this month. H.R. 1117. An act to require the Adminis- lished process that continues to guide Over four decades of distinguished trator of the Federal Emergency Manage- administrations faced with unexpected service, from the Air Force Academy to ment Agency to submit a report regarding events is essential for any functional the Pentagon to leadership in two four- certain plans regarding assistance to appli- democracy. Senator Bayh played a key star commands, General Carlisle has cants and grantees during the response to an leadership role in the Senate by draft- been instrumental in advancing the ca- emergency or disaster. ing this constitutional amendment and pabilities of our Air Force and improv- H.R. 1214. An act to require the Adminis- trator of the Federal Emergency Manage- ensuring all necessary steps were taken ing the lives of its most precious ment Agency to conduct a program to use for its ratification in 1967. asset—its airmen. simplified procedures to issue public assist- Senator Bayh also drafted the 26th As commander of Pacific Air Forces, ance for certain projects under the Robert T. Amendment, which changed the voting General Carlisle was responsible for Air Stafford Disaster Relief and Emergency As- age from 21 to 18. Its impetus was the Force activities spanning more than sistance Act, and for other purposes.

VerDate Sep 11 2014 01:30 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G28MR6.041 S28MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 28, 2017 CONGRESSIONAL RECORD — SENATE S2047 MEASURES REFERRED S. 744. A bill to amend the Fair Credit Re- By Mr. SHELBY (for himself and Ms. porting Act to delay the inclusion in con- KLOBUCHAR): The following bills were read the first sumer credit reports and to establish re- S. Res. 101. A resolution providing for and the second times by unanimous quirements for debt collectors with respect members on the part of the Senate of the consent, and referred as indicated: to medical debt information of veterans due Joint Committee on Printing and the Joint H.R. 654. An act to direct the Adminis- to inappropriate or delayed billing payments Committee of Congress on the Library; con- trator of the Federal Emergency Manage- or reimbursements from the Department of sidered and agreed to. ment Agency to carry out a plan for the pur- Veterans Affairs, and for other purposes; to f chase and installation of an earthquake the Committee on Banking, Housing, and early warning system for the Cascadia Urban Affairs. ADDITIONAL COSPONSORS Subduction Zone, and for other purposes; to By Mr. FLAKE (for himself and Mr. S. 175 the Committee on Homeland Security and MCCAIN): Governmental Affairs. S. 745. A bill to reauthorize the State At the request of Mr. MANCHIN, the H.R. 1117. An act to require the Adminis- Criminal Alien Assistance Program, and for name of the Senator from Illinois (Ms. trator of the Federal Emergency Manage- other purposes; to the Committee on the Ju- DUCKWORTH) was added as a cosponsor ment Agency to submit a report regarding diciary. of S. 175, a bill to amend the Surface certain plans regarding assistance to appli- By Mr. CASEY: Mining Control and Reclamation Act of cants and grantees during the response to an S. 746. A bill to amend the Solid Waste Dis- posal Act to authorize States to restrict 1977 to transfer certain funds to the emergency or disaster; to the Committee on Multiemployer Health Benefit Plan Homeland Security and Governmental Af- interstate waste imports and impose a high- fairs. er fee on out-of-State waste; to the Com- and the 1974 United Mine Workers of H.R. 1214. An act to require the Adminis- mittee on Environment and Public Works. America Pension Plan, and for other trator of the Federal Emergency Manage- By Mr. UDALL: purposes. S. 747. A bill to reauthorize the special dia- ment Agency to conduct a program to use S. 261 simplified procedures to issue public assist- betes programs for Indians; to the Com- mittee on Health, Education, Labor, and At the request of Mr. BLUNT, the ance for certain projects under the Robert T. name of the Senator from Wyoming Stafford Disaster Relief and Emergency As- Pensions. sistance Act, and for other purposes; to the By Mr. MENENDEZ (for himself, Mr. (Mr. BARRASSO) was added as a cospon- Committee on Homeland Security and Gov- BOOKER, Mrs. GILLIBRAND, Ms. HAR- sor of S. 261, a bill to amend the Fed- ernmental Affairs. RIS, and Mr. WYDEN): eral Food, Drug, and Cosmetic Act to S. 748. A bill to protect United States citi- improve and clarify certain disclosure f zens and residents from unlawful profiling, requirements for restaurants and simi- REPORTS OF COMMITTEES arrest, and detention, and for other purposes; to the Committee on the Judiciary. lar retail food establishments, and to The following reports of committees By Mr. ENZI: amend the authority to bring pro- were submitted: S. 749. A bill to amend the Higher Edu- ceedings under section 403A. cation Act of 1965 to require the disclosure of By Mr. JOHNSON, from the Committee on S. 355 the annual percentage rates applicable to Homeland Security and Governmental Af- At the request of Mrs. SHAHEEN, the fairs: Federal student loans; to the Committee on Special Report entitled ‘‘Activities of the Health, Education, Labor, and Pensions. names of the Senator from Hawaii (Ms. Committee on Homeland Security and Gov- By Mr. MERKLEY (for himself, Mr. HIRONO) and the Senator from Maine ernmental Affairs During the 114th Con- SANDERS, Ms. WARREN, Mr. SCHATZ, (Mr. KING) were added as cosponsors of gress.’’ (Rept. No. 115–12). Mr. LEAHY, Mr. MENENDEZ, and Mrs. S. 355, a bill to amend the Federal GILLIBRAND): Lands Recreation Enhancement Act to f S. 750. A bill to prohibit drilling in the outer Continental Shelf, to prohibit coal provide for a lifetime National Rec- INTRODUCTION OF BILLS AND reational Pass for any veteran with a JOINT RESOLUTIONS leases on Federal land, and for other pur- poses; to the Committee on Energy and Nat- service-connected disability. The following bills and joint resolu- ural Resources. S. 365 tions were introduced, read the first By Mr. WARNER (for himself, Mr. At the request of Mr. ROUNDS, the and second times by unanimous con- PORTMAN, Mr. KING, and Mr. KAINE): name of the Senator from Texas (Mr. sent, and referred as indicated: S. 751. A bill to amend title 54, United States Code, to establish, fund, and provide CRUZ) was added as a cosponsor of S. By Mr. GRASSLEY (for himself and for the use of amounts in a National Park 365, a bill to amend the Consumer Fi- Mrs. FEINSTEIN): Service Legacy Restoration Fund to address nancial Protection Act of 2010 to re- S. 739. A bill to amend the Controlled Sub- the maintenance backlog of the National stances Act to provide enhanced penalties move the funding cap relating to the Park Service, and for other purposes; to the for marketing candy-flavored controlled sub- transfer of funds from the Board of Committee on Energy and Natural Re- stances to minors; to the Committee on the Governors of the Federal Reserve Sys- sources. Judiciary. tem to the Bureau of Consumer Finan- By Mr. MARKEY (for himself, Mr. By Mr. LEE: cial Protection, and for other purposes. SANDERS, and Mr. WHITEHOUSE): S. 740. A bill to prohibit mandatory or S. 752. A bill to amend the Internal Rev- S. 366 compulsory checkoff programs; to the Com- enue Code of 1986 to clarify that products de- mittee on Agriculture, Nutrition, and For- At the request of Mr. ROUNDS, the rived from tar sands are crude oil for pur- names of the Senator from Iowa (Mrs. estry. poses of the Federal excise tax on petroleum, ERNST), the Senator from Georgia (Mr. By Mr. LEE (for himself and Mr. BOOK- and for other purposes; to the Committee on ER): Finance. PERDUE), the Senator from Colorado S. 741. A bill to prohibit certain practices By Mr. MARKEY: (Mr. GARDNER) and the Senator from relating to certain commodity promotion S. 753. A bill to ensure that oil transported Wyoming (Mr. BARRASSO) were added programs, to require greater transparency by through the Keystone XL pipeline into the as cosponsors of S. 366, a bill to require those programs, and for other purposes; to United States is used to reduce United the Federal financial institutions regu- the Committee on Agriculture, Nutrition, States dependence on Middle Eastern oil; to latory agencies to take risk profiles and Forestry. the Committee on Energy and Natural Re- By Mr. BOOKER (for himself, Mr. MAR- and business models of institutions sources. into account when taking regulatory KEY, Mr. WYDEN, Mr. KING, Mr. By Mr. KAINE (for himself, Mr. BLUMENTHAL, and Mrs. MCCASKILL): WICKER, and Mrs. MURRAY): actions, and for other purposes. S. 742. A bill to promote competition, to S. 754. A bill to support meeting our Na- S. 382 preserve the ability of local governments to tion’s growing cybersecurity workforce provide broadband capability and services, At the request of Mr. MENENDEZ, the needs by expanding the cybersecurity edu- name of the Senator from Oregon (Mr. and for other purposes; to the Committee on cation pipeline; to the Committee on Com- MERKLEY) was added as a cosponsor of Commerce, Science, and Transportation. merce, Science, and Transportation. By Mr. REED (for himself and Ms. COL- S. 382, a bill to require the Secretary of f LINS): Health and Human Services to develop S. 743. A bill to strengthen the United SUBMISSION OF CONCURRENT AND a voluntary registry to collect data on States Interagency Council on Homelessness; SENATE RESOLUTIONS cancer incidence among firefighters. to the Committee on Banking, Housing, and Urban Affairs. The following concurrent resolutions S. 405 By Mr. DONNELLY (for himself and and Senate resolutions were read, and At the request of Mr. COONS, the Mr. ROUNDS): referred (or acted upon), as indicated: name of the Senator from Rhode Island

VerDate Sep 11 2014 03:44 Jun 16, 2017 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\RECORD17\MARCH\S28MR7.REC S28MR7 S2048 CONGRESSIONAL RECORD — SENATE March 28, 2017 (Mr. WHITEHOUSE) was added as a co- the Safe Water Drinking Act to require benefits and services provided by the sponsor of S. 405, a bill to amend the the Administrator of the Environ- Department of Veterans Affairs to Internal Revenue Code of 1986 and the mental Protection Agency to establish women veterans, and for other pur- Higher Education Act of 1965 to provide maximum contaminant levels for cer- poses. an exclusion from income for student tain contaminants, and for other pur- S. 700 loan forgiveness for students who have poses. At the request of Mrs. MURRAY, the died or become disabled. S. 540 name of the Senator from Montana S. 407 At the request of Mr. THUNE, the (Mr. TESTER) was added as a cosponsor At the request of Mr. CRAPO, the names of the Senator from Nebraska of S. 700, a bill to improve the repro- name of the Senator from Connecticut (Mrs. FISCHER) and the Senator from ductive assistance provided by the De- (Mr. MURPHY) was added as a cosponsor West Virginia (Mrs. CAPITO) were added partment of Defense and the Depart- of S. 407, a bill to amend the Internal as cosponsors of S. 540, a bill to limit ment of Veterans Affairs to severely Revenue Code of 1986 to permanently the authority of States to tax certain wounded, ill, or injured members of the extend the railroad track maintenance income of employees for employment Armed Forces, veterans, and their credit. duties performed in other States. spouses or partners, and for other pur- poses. S. 425 S. 544 S. 720 At the request of Mr. CARDIN, the At the request of Mr. TESTER, the name of the Senator from Missouri name of the Senator from Oregon (Mr. At the request of Mr. PORTMAN, the names of the Senator from South Caro- (Mr. BLUNT) was added as a cosponsor MERKLEY) was added as a cosponsor of of S. 425, a bill to amend the Internal S. 544, a bill to amend Veterans Access, lina (Mr. GRAHAM), the Senator from Indiana (Mr. YOUNG), the Senator from Revenue Code of 1986 to improve the Choice, and Accountability Act of 2014 Arkansas (Mr. BOOZMAN), and the Sen- historic rehabilitation tax credit, and to modify the termination date for the ator from Georgia (Mr. ISAKSON) were for other purposes. Veterans Choice Program, and for added as cosponsors of S. 720, a bill to other purposes. S. 474 amend the Export Administration Act At the request of Mr. GRAHAM, the S. 573 of 1979 to include in the prohibitions on name of the Senator from South Da- At the request of Mr. PETERS, the boycotts against allies of the United kota (Mr. ROUNDS) was added as a co- name of the Senator from New Mexico States boycotts fostered by inter- sponsor of S. 474, a bill to condition as- (Mr. HEINRICH) was added as a cospon- national governmental organizations sistance to the West Bank and Gaza on sor of S. 573, a bill to establish the Na- against Israel and to direct the Export- steps by the Palestinian Authority to tional Criminal Justice Commission. Import Bank of the United States to end violence and terrorism against S. 623 oppose boycotts against Israel, and for Israeli citizens. At the request of Mr. DURBIN, the other purposes. S. 482 name of the Senator from New Hamp- At the request of Mr. CARDIN, the At the request of Mr. THUNE, the shire (Mrs. SHAHEEN) was added as a co- name of the Senator from Michigan name of the Senator from Mississippi sponsor of S. 623, a bill to enhance the (Mr. PETERS) was added as a cosponsor (Mr. WICKER) was added as a cosponsor transparency and accelerate the im- of S. 720, supra. of S. 482, a bill to amend the Internal pact of assistance provided under the S. 722 Revenue Code of 1986 to treat certain Foreign Assistance Act of 1961 to pro- At the request of Mr. CORKER, the amounts paid for physical activity, fit- mote quality basic education in devel- names of the Senator from Florida (Mr. ness, and exercise as amounts paid for oping countries, to better enable such NELSON), the Senator from Oregon (Mr. medical care. countries to achieve universal access WYDEN), the Senator from Oklahoma S. 493 to quality basic education and im- (Mr. INHOFE), the Senator from Maine At the request of Mr. RUBIO, the proved learning outcomes, to eliminate (Ms. COLLINS), the Senator from Kansas name of the Senator from Pennsyl- duplication and waste, and for other (Mr. MORAN), the Senator from Mis- vania (Mr. TOOMEY) was added as a co- purposes. sissippi (Mr. WICKER), the Senator from sponsor of S. 493, a bill to amend title S. 636 Tennessee (Mr. ALEXANDER), the Sen- 38, United States Code, to provide for At the request of Mrs. MURRAY, the ator from Arkansas (Mr. BOOZMAN), the the removal or demotion of employees name of the Senator from Colorado Senator from New Jersey (Mr. BOOKER), the Senator from Pennsylvania (Mr. of the Department of Veterans Affairs (Mr. BENNET) was added as a cosponsor based on performance or misconduct, of S. 636, a bill to allow Americans to TOOMEY), the Senator from West Vir- and for other purposes. earn paid sick time so that they can ginia (Mrs. CAPITO), and the Senator from Michigan (Mr. PETERS) were S. 497 address their own health needs and the health needs of their families. added as cosponsors of S. 722, a bill to At the request of Ms. CANTWELL, the impose sanctions with respect to Iran names of the Senator from Connecticut S. 640 in relation to Iran’s ballistic missile (Mr. BLUMENTHAL), the Senator from At the request of Mr. DURBIN, the program, support for acts of inter- Maryland (Mr. CARDIN) and the Senator name of the Senator from Wisconsin national terrorism, and violations of from Mississippi (Mr. WICKER) were (Ms. BALDWIN) was added as a cospon- human rights, and for other purposes. added as cosponsors of S. 497, a bill to sor of S. 640, a bill to prioritize funding S. 733 amend title XVIII of the Social Secu- for an expanded and sustained national At the request of Ms. MURKOWSKI, the rity Act to provide for Medicare cov- investment in biomedical research. name of the Senator from Nebraska erage of certain lymphedema compres- S. 652 (Mrs. FISCHER) was added as a cospon- sion treatment items as items of dura- At the request of Mr. PORTMAN, the sor of S. 733, a bill to protect and en- ble medical equipment. name of the Senator from Rhode Island hance opportunities for recreational S. 504 (Mr. WHITEHOUSE) was added as a co- hunting, fishing, and shooting, and for At the request of Ms. HIRONO, the sponsor of S. 652, a bill to amend the other purposes. name of the Senator from Minnesota Public Health Service Act to reauthor- S. 734 (Ms. KLOBUCHAR) was added as a co- ize a program for early detection, diag- At the request of Mrs. GILLIBRAND, sponsor of S. 504, a bill to permanently nosis, and treatment regarding deaf the name of the Senator from New authorize the Asia-Pacific Economic and hard-of-hearing newborns, infants, York (Mr. SCHUMER) was added as a co- Cooperation Business Travel Card Pro- and young children. sponsor of S. 734, a bill to extend a gram. S. 681 project of the Federal Energy Regu- S. 519 At the request of Mr. TESTER, the latory Commission involving the At the request of Mrs. GILLIBRAND, name of the Senator from Minnesota Cannonsville Dam. the name of the Senator from New (Mr. FRANKEN) was added as a cospon- S.J. RES. 19 Hampshire (Ms. HASSAN) was added as sor of S. 681, a bill to amend title 38, At the request of Mr. PERDUE, the a cosponsor of S. 519, a bill to amend United States Code, to improve the name of the Senator from Texas (Mr.

VerDate Sep 11 2014 01:30 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A28MR6.008 S28MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 28, 2017 CONGRESSIONAL RECORD — SENATE S2049 CRUZ) was added as a cosponsor of S.J. government cyber security job upon this independent agency can build upon Res. 19, a joint resolution providing for graduation. its success in helping to prevent and congressional disapproval under chap- In recent years, more community end homelessness nationally. ter 8 of title 5, United States Code, of colleges have provided opportunities The Council was established under the rule submitted by the Bureau of for students to gain much needed cyber the Reagan administration as part of Consumer Financial Protection relat- security skills. An October 2015 study the landmark McKinney-Vento Home- ing to prepaid accounts under the Elec- by the National Academy for Public less Assistance Act of 1987. Since that tronic Fund Transfer Act and the Administration reviewed the time, it has worked across the Federal Truth in Lending Act. CyberCorps Program and formulated Government and private sector to co- S. RES. 11 major recommendations to improve it. ordinate homeless assistance nation- ally. In 2009, the Homeless Emergency At the request of Mr. SCOTT, the One of the Academy’s recommenda- name of the Senator from Utah (Mr. tions was to include qualified 2-year Assistance and Rapid Transition to Housing, or HEARTH Act, which I au- HATCH) was added as a cosponsor of S. programs in the program regardless of Res. 11, a resolution encouraging the their association with a 4-year institu- thored and introduced along with Sen- ator COLLINS and others, expanded the development of best business practices tion. Currently, NSF only provides Council’s role to work with public, to fully utilize the potential of the scholarship awards to students in 2- nonprofit, and private stakeholders to United States. year programs who will transfer into a 4-year program. develop a national strategic plan to S. RES. 49 Today, I am pleased to introduce end homelessness. On June 22, 2010, the At the request of Ms. COLLINS, the with my colleague Senator ROGER Council unveiled this plan, called name of the Senator from Rhode Island WICKER, the Cybersecurity Scholarship Opening Doors, which has guided its (Mr. WHITEHOUSE) was added as a co- Opportunities Act of 2017. This legisla- work to develop and expand on effec- sponsor of S. Res. 49, a resolution de- tion will improve the federal cyber se- tive strategies across the country to claring that achieving the primary curity workforce pipeline by directing prevent and end homelessness. goal of the National Plan to Address the CyberCorps Program to provide 5 Since Opening Doors was unveiled, Alzheimer’s Disease of the Department percent of scholarships to career the U.S. Department of Housing and of Health and Human Services to pre- changers and military veterans at Urban Development, HUD, reports that vent and effectively treat Alzheimer’s qualified 2-year programs with no overall homelessness has decreased by disease by 2025 is an urgent national transfer requirement. The bill would 14 percent, chronic homelessness by 27 priority. also codify CyberCorps’ K–12 education percent, and family homelessness by 23 f program and align the skills required percent. In addition, we have seen vet- for scholarship eligibility with the Na- erans’ homelessness drop by 47 percent. STATEMENTS ON INTRODUCED This progress is not only a result of the BILLS AND JOINT RESOLUTIONS tional Initiative for Cybersecurity Edu- cation Framework. more than $500 million Federal invest- By Mr. KAINE (for himself, Mr. In addition, the bill would enhance ment in housing and supportive serv- WICKER, and Mrs. MURRAY): cyber security protection for critical ices through programs like HUD–VASH S. 754. A bill to support meeting our infrastructure by allowing CyberCorps but is also because of the direction the Nation’s growing cybersecurity work- graduates, on a case-by-case basis, to Council provides to the Departments of force needs by expanding the cyberse- meet their service requirements in Veterans Affairs and HUD, as well as curity education pipeline; to the Com- critical infrastructure missions at gov- public housing agencies administering mittee on Commerce, Science, and ernment-affiliated entities like the assistance at the local level. Specifi- Transportation. Tennessee Valley Authority. Just cally, the Council helped various part- Mr. KAINE. Mr. President, a skilled today, a report by the Massachusetts ners align their resources, efforts, workforce is essential to addressing the Institute of Technology found that dig- goals, and measures of success for serv- growing cybersecurity challenges in ital threats to U.S. critical infrastruc- ing homeless veterans. Under this ap- the United States. In both the public ture demand attention and that the proach, the Commonwealth of Virginia, and private sectors, a shortage of Nation does not produce enough grad- Connecticut, Delaware, the city of New skilled cyber security professionals has uates with the skills to protect critical Orleans, and DeKalb County in Geor- hindered the Nation’s cyber prepared- infrastructure. It recommended that gia, to name a few, have all declared an ness. According to a 2017 Global Infor- the President take steps to increase end to veterans’ homelessness. mation Security Workforce Study, 1.8 the supply of skilled professionals. By Yet more work remains. And here, million more cyber security profes- allowing CyberCorps graduates to ful- too, the Council is an important part of sionals will be needed worldwide by fill service obligations in critical infra- developing solutions. For instance, 2022. structure missions, this legislation rep- nearly 36,000 unaccompanied youth Data breaches at the Office of Per- resents an important step in the right under the age of 25 experienced home- sonnel Management in 2015 highlighted direction. lessness in 2016. While some commu- the need for robust cyber security pro- The Cybersecurity Scholarship Op- nities have started to develop re- tections at the Federal level, which in- portunities Act is a commonsense, bi- sponses to youth homelessness, it is a clude a strong and skilled workforce. partisan bill that would help students complex problem that requires a tai- Since 2001, the Federal Government has succeed and strengthen our national lored approach taking into account the operated a cyber security education security. There are cyber security jobs local variables of foster care, primary program known as CyberCorps: Schol- in Virginia and across the country that to postsecondary education, housing, arship for Service. Thanks to great are going unfilled, and it is clear we and healthcare systems. Finding new leadership by Chairman JOHN THUNE must make it easier for students to ac- ways to deliver and fund assistance to and the U.S. Senate Committee on cess the programs that prepare them this diverse population is essential, and Commerce, Science, and Transpor- for these roles. that is why Senator COLLINS and I held tation, Congress codified the a hearing in our subcommittee on this CyberCorps Program as part of the Cy- By Mr. REED (for himself and matter and worked together to include bersecurity Enhancement Act of 2014. Ms. COLLINS): over $40 million in targeted resources Serving roughly 70 institutions, the S. 743. A bill to strengthen the United to address youth homelessness in both National Science Foundation, NSF, States Interagency Council on Home- the fiscal year 2016 and 2017 Transpor- grants award to institutions as part of lessness; to the Committee on Banking, tation, Housing and Urban Develop- the CyberCorps Program. Institutions Housing, and Urban Affairs. ment, THUD, appropriations bills. As utilize grants to build capacity for Mr. REED. Mr. President, along with part of this new funding, the Council cyber security programs and provide Senator COLLINS, I am introducing leg- will be executing a broader collabo- scholarships to students. Scholarship islation that would eliminate the sun- rative effort with foster care networks, recipients must fulfill a service re- set date for U.S. Interagency Council the juvenile justice community, and quirement in a federal, state or local on Homelessness—the Council—so that education partners to create and find

VerDate Sep 11 2014 01:30 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A28MR6.010 S28MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S2050 CONGRESSIONAL RECORD — SENATE March 28, 2017 success in coordinated, cost-effective Association, National Network for ported by the Arizona Sheriffs Associa- solutions that meet community needs. Youth, LeadingAge, Heartland Alli- tion. The Council’s expertise in imple- ance, National Housing Conference, the SCAAP is a Federal program that re- menting complex Federal programs at National AIDS Housing Coalition, Cov- imburses State, local, and Tribal law the local level will continue to be crit- enant House International, the Coali- enforcement for the costs associated ical to the success of this initiative. tion for Juvenile Justice, the Forum with incarcerating and caring for For all of this good work the Council for Youth Investment, the Housing As- criminal undocumented immigrants has done and continues to do, it is vital sistance Council, Volunteers of Amer- while in custody. that we keep its doors open. The Coun- ica, the Coalition on Human Needs, the To ensure that local law enforcement cil, as the only agency at the federal Corporation for Supportive Housing, receives sufficient reimbursement level charged specifically with address- the Technical Assistance Collabo- under SCAAP, my bill would make ing homelessness, has helped commu- rative, and the National Coalition for some commonsense reforms under the nities not only reduce homelessness, the Homeless for their support. I urge program. The bill would amend the Im- but it has also helped to save money. our colleagues to join Senator COLLINS migration and Nationality Act to reau- We know that people experiencing and me in supporting this legislation. thorize SCAAP through fiscal year homelessness are more likely to access 2021. Reauthorizing this program will expensive health care services and By Mr. FLAKE (for himself and provide local law enforcement agencies spend more time in incarceration— Mr. MCCAIN): in Arizona and across the country with which are extremely costly to tax- S. 745. A bill to reauthorize the State the certainty that any costs incurred payers, states, and local governments. Criminal Alien Assistance Program, from incarcerating criminal immi- According to the National Alliance to and for other purposes; to the Com- grants will be covered by Federal reim- End Homelessness, ‘‘Based on 22 dif- mittee on the Judiciary. bursements. ferent studies from across the country, Mr. FLAKE. Mr. President, border se- Our State, local, and Tribal law en- providing permanent supportive hous- curity is one of the Federal Govern- forcement agencies are committed to ing to chronically homeless people cre- ment’s most important responsibil- partnering with the Federal Govern- ates net savings of $4,800 per person per ities, and the Federal Government has ment on immigration enforcement. But year, through reduced spending on no better partners than local law en- that partnership can’t succeed unless jails, hospitals, shelters, and other forcement agencies from border com- the Federal Government provides the emergency services.’’ munities like those in my home State necessary reimbursements for those The Council has helped to build upon of Arizona. These officers and deputies services. these estimated savings by identifying serve on the front lines. They provide As Cochise County Sheriff Mark and tailoring cost-effective solutions critical assistance to the missions of Dannels said: that reduce the level of health care Federal agencies. Arizona’s counties continue to struggle services, as well as recidivism, for indi- Unfortunately, these efforts are ex- under the fiscal strain of anemic growth in viduals experiencing chronic homeless- pensive and the locals end up picking rural areas and cost-shifts from the State of ness. In fiscal year 2016 alone, the up most of the tab. For example, local Arizona. Housing criminal aliens without Council’s modest $3.5 million budget law enforcement agencies hold those federal assistance diverts needed resources facing immigration violations at coun- away from our communities’ public safety catalyzed more than $5 billion in com- priorities. bined Federal resources that aim to ad- ty-operated jails, and they provide Mr. President, I ask unanimous con- dress homelessness. It develops na- medical care for the undocumented in- sent that this letter from the Arizona tional strategies that inform the work mates while they are in custody. In Sheriffs Association in support of my and improve the cost-effectiveness of providing these services, Arizona’s bill to reauthorize SCAAP be printed in programs administered by 19 Federal counties have incurred more than $310 the RECORD. agencies, and as a result, communities million in costs associated with crimi- There being no objection, the mate- and Sates are able to leverage housing, nal undocumented immigrants since rial was ordered to be printed in the health, education, and labor funding 2009. That is $310 million since 2009. Record, as follows: more strategically and effectively. Despite these enormous costs, the In our current budgetary environ- Federal Government has left many ARIZONA SHERIFFS ASSOCIATION, ment we need a wise and creative arm local jurisdictions to shoulder the bur- March 15, 2017. Re State Criminal Alien Assistance Program to help our communities identify and dens of illegal immigration on their (SCAAP) Reauthorization. maximize resources and opportunities own. This is particularly frustrating Hon. JEFF FLAKE, where possible, to ensure we are actu- when so many of our local law enforce- U.S. Senator, Russell Senate Office Building, ally addressing homelessness, and not ment agencies are already struggling Washington, DC. contributing to it. The Council is proof to carry out basic duties on over- DEAR SENATOR FLAKE: On behalf of a ma- that the government can work and stretched budgets. jority of the Arizona Sheriffs Association, I save money in the process, and our bi- I hope we can all look forward to a would like to express support for Congress’s partisan legislation ensures that the time when we have the appropriate re- proposed reauthorization of the State Crimi- Council’s doors remain open until there sources for securing the border, the nal Alien Assistance Program (SCAAP). County sheriffs maintain the shared re- truly is an end to homelessness nation- means for those seeking to fill the sponsibility of enforcing Arizona’s criminal wide. needs of our economy to enter the laws. We also serve as the keeper of Arizo- I thank the National Alliance to End country legally, a remedy for those na’s county jails, including paying for the Homelessness, the Rhode Island Coali- who are here already illegally, and also cost of medical care for inmates. While the tion for the Homeless, a way for employers to ensure that federal government continues to address the HousingWorksRI, the Council of Large those whom they hire are legally problem of illegal immigration, Arizona’s Public Housing Authorities, A Way present. jails incarcerate undocumented immigrants Home America, Community Solutions, These critical steps toward solving who have committed state and local viola- tions, incurring significant costs in custody the National Low Income Housing Coa- our immigration problems will require and care of these inmates, including medical lition, the National Coalition for Congress to act. However, in the mean- costs. SCAAP provides critical dollars to Ar- Homeless Veterans, the National Law time, we can’t continue to allow the izona’s counties that help pay for the cost of Center on Homelessness and Poverty, Federal Government to pass off immi- housing and caring for these inmates while Funders Together to End Homeless- gration responsibilities onto cash- they are in our custody. ness, the True Colors Fund, the Na- strapped local agencies. Arizona’s counties continue to struggle tional Housing Trust, the National That is why I wish today to introduce under the fiscal strain of anemic growth in Health Care for the Homeless Council, a bill to reauthorize and reform the rural areas and cost-shifts from the State of Arizona. Housing criminal aliens without LISC, the National Alliance on Mental State Criminal Alien Assistance Pro- federal assistance diverts needed resources Illness, National Association of Hous- gram, better known as SCAAP. This away from our communities’ public safety ing and Redevelopment Officials, the bill is cosponsored by my friend and priorities. We understand that federal dollars Public Housing Authorities Directors colleague, JOHN MCCAIN, and is sup- cannot fully supplant state costs for these

VerDate Sep 11 2014 01:30 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A28MR6.015 S28MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 28, 2017 CONGRESSIONAL RECORD — SENATE S2051 inmates. However, any financial assistance meet during the session of the Senate NATIONAL REHABILITATION the federal government can appropriate to on Tuesday, March 28, 2017, at 9:30 a.m. COUNSELORS APPRECIATION DAY help pay for the costs of caring for these in- to conduct a hearing entitled ‘‘Fos- Mr. MCCONNELL. Mr. President, I mates will allow Arizona’s sheriffs to con- tering Economic Growth: The Role of centrate on other important priorities, such ask unanimous consent that the Judi- as drug interdiction and search and rescue. Financial Companies.’’ ciary Committee be discharged from Since 2009, Arizona’s counties have ab- COMMITTEE ON ENERGY AND NATURAL further consideration of S. Res. 95 and sorbed more than $310 million in costs. A RESOURCES the Senate proceed to its immediate SCAAP reauthorization that includes reim- The Senate Committee on Energy consideration. bursement for medical costs would provide and Natural Resources is authorized to The PRESIDING OFFICER. Without vital financial resources to Arizona’s sher- meet during the session of the Senate objection, it is so ordered. iffs, allowing us to better serve the public in order to hold a hearing on Tuesday, safety needs of our counties. The clerk will report the resolution That’s why on behalf of Arizona’s county March 28, 2017, beginning at 10 a.m. in by title. sheriffs, I write to express support for the re- Room 366 of the Dirksen Senate Office The bill clerk read as follows: authorization of the State Criminal Alien Building in Washington, DC. A resolution (S. Res. 95) designating March Assistance Program (SCAAP). We encourage COMMITTEE ON FOREIGN AFFAIRS 22, 2017, as ‘‘National Rehabilitation Coun- Congress to pass the measure and for Presi- The Committee on Foreign Affairs is selors Appreciation Day.’’ dent Trump to sign it if it reaches his desk. authorized to meet during the session Sincerely, There being no objection, the Senate MARK DANNELS, of the Senate on Tuesday, March 28, proceeded to consider the resolution. Cochise County Sheriff, 2017, at 10:30 a.m., to hold a hearing en- Mr. MCCONNELL. Mr. President, I President, Arizona Sheriffs Association. titled ‘‘The View From Congress: U.S. further ask unanimous consent that Mr. FLAKE. Mr. President, the Policy on Iran.’’ the resolution be agreed to, the pre- SCAAP program is the foundation of COMMITTEE ON THE JUDICIARY amble be agreed to, and the motions to the immigration partnership between The Committee on the Judiciary is reconsider be considered made and laid local law enforcement and the Federal authorized to meet during the session upon the table with no intervening ac- Government for keeping our commu- of the Senate on March 28, 2017, at 10 tion or debate. nities safe. I urge all of my colleagues a.m., in Room SD–226 of the Dirksen The PRESIDING OFFICER. Without to support this legislation to reauthor- Senate Office Building, to conduct a objection, it is so ordered. ize and reform the SCAAP program. hearing entitled ‘‘Protecting Youth The resolution (S. Res. 95) was agreed Athletes from Sexual Abuse.’’ to. f COMMITTEE ON ENERGY AND NATURAL The preamble was agreed to. SUBMITTED RESOLUTIONS RESOURCES (The resolution, with its preamble, is The Senate Committee on Energy printed in the RECORD of March 23, 2017, and Natural Resources’ Subcommittee under ‘‘Submitted Resolutions.’’) SENATE RESOLUTION 101—PRO- on Energy is authorized to meet during f VIDING FOR MEMBERS ON THE the session of the Senate in order to PROVIDING FOR MEMBERS ON THE PART OF THE SENATE OF THE hold a hearing on Tuesday, March 28, PART OF THE SENATE OF THE JOINT COMMITTEE ON PRINTING 2017, at 2:15 p.m., in Room 366 of the JOINT COMMITTEE ON PRINTING AND THE JOINT COMMITTEE OF Dirksen Senate Office Building in AND THE JOINT COMMITTEE OF CONGRESS ON THE LIBRARY Washington, DC. CONGRESS ON THE LIBRARY Mr. SHELBY (for himself and Ms. SUBCOMMITTEE ON FISHERIES, WATER AND KLOBUCHAR) submitted the following WILDLIFE Mr. MCCONNELL. Mr. President, I resolution; which was considered and The Subcommittee on Fisheries, ask unanimous consent that the Sen- agreed to: Water and Wildlife of the Committee ate proceed to the consideration of S. Res. 101, submitted earlier today. S. RES. 101 on Environment and Public Works is authorized to meet during the session The PRESIDING OFFICER. The Resolved, That the following named Mem- clerk will report the resolution by bers be, and they are hereby, elected mem- of the Senate on Tuesday, March 28, bers of the following joint committees of 2017, at 2:15 p.m., in Room 406 of the title. Congress: Dirksen Senate Office Building. The bill clerk read as follows: OINT OMMITTEE ON RINTING J C P : Mr. Shelby, SELECT COMMITTEE ON INTELLIGENCE A resolution (S. Res. 101) providing for Mr. Roberts, Mr. Wicker, Ms. Klobuchar, and members on the part of the Senate of the Mr. Udall. The Senate Select Committee on In- Joint Committee on Printing and the Joint JOINT COMMITTEE OF CONGRESS ON THE LI- telligence is authorized to meet during Committee of Congress on the Library. the session of the 115th Congress of the BRARY: Mr. Shelby, Mr. Roberts, Mr. Blunt, There being no objection, the Senate Ms. Klobuchar, and Mr. Leahy. U.S. Senate on Tuesday, March 28, 2017, proceeded to consider the resolution. from 2:15 p.m., in Room SH–219 of the f Mr. MCCONNELL. Mr. President, I Senate Hart Office Building. ask unanimous consent that the reso- AUTHORITY FOR COMMITTEES TO SELECT COMMITTEE ON INTELLIGENCE MEET lution be agreed to and the motion to The Senate Select Committee on In- reconsider be considered made and laid Mr. GARDENER. Mr. President, I telligence is authorized to meet during upon the table with no intervening ac- have 9 requests for committees to meet the session of the 115th Congress of the tion or debate. during today’s session of the Senate. U.S. Senate on Tuesday, March 28, 2017, The PRESIDING OFFICER. Without They have the approval of the Majority from 2:15 p.m., in Room SH–219 of the objection, it is so ordered. and Minority leaders. Senate Hart Office Building to approve The resolution (S. Res. 101) was Pursuant to Rule XXVI, paragraph the Biennial Report. agreed to. 5(a), of the Standing Rules of the Sen- (The resolution is printed in today’s ate, the following committees are au- f RECORD under ‘‘Submitted Resolu- thorized to meet during today’s session tions.’’) of the Senate: APPOINTMENT f COMMITTEE ON ARMED SERVICES The PRESIDING OFFICER. The The Committee on Armed Services is Chair announces, on behalf of the Sec- ORDERS FOR WEDNESDAY, MARCH authorized to meet during the session retary of the Senate, pursuant to Pub- 29, 2017 of the Senate on Tuesday, March 28, lic Law 101–509, the reappointment of Mr. MCCONNELL. Mr. President, I 2017, at 2:30 p.m. the following individual to serve as a ask unanimous consent that when the COMMITTEE ON BANKING, HOUSING, AND URBAN member of the Advisory Committee on Senate completes its business today, it AFFAIRS the Records of Congress: Sheryl B. adjourn until 10 a.m. on Wednesday, The Committee on Banking, Housing, Vogt of Georgia. March 29; further, that following the and Urban Affairs is authorized to The majority leader. prayer and pledge, the morning hour be

VerDate Sep 11 2014 03:20 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A28MR6.017 S28MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S2052 CONGRESSIONAL RECORD — SENATE March 28, 2017 deemed expired, the Journal of pro- examination and to stand up to the ob- sticks and leaves that are in it. This ceedings be approved to date, the time ligation of witnesses to actually testify plant has an interesting history. It for the two leaders be reserved for their truthfully and under oath in court pro- grew about 6,600 years ago, and when it use later in the day, and morning busi- ceedings or even in administrative pro- grew and lived, woolly mammoths ness be closed. ceedings. roamed the Earth. Woolly mammoths The PRESIDING OFFICER. Without The inconsistencies of people’s state- might have been eating neighboring objection, it is so ordered. ments and behavior can be brought out plants. The human race was just enter- f through cross-examination, which has ing the Bronze Age, and it began to been described as ‘‘the greatest engine snow. It snowed on this little plant. ORDER FOR ADJOURNMENT for the discovery of truth ever in- Snow piled on snow year after year, Mr. MCCONNELL. Mr. President, if vented.’’ and this plant was buried under a gla- there is no further business to come be- Discovery means that litigants get cier, preserved by the pressure and the fore the Senate, I ask unanimous con- access to documents on the other side, cold. And there it stayed, so that now sent that it stand adjourned under the and it also means that the court has a I can hold it up on the floor of the Sen- previous order, following the remarks chance to look into conflicts of inter- ate 6,600-and-some years later. of Senator WHITEHOUSE and Senator est. Climate change is what brought me WARREN. Administrator Pruitt, thanks to the this plant because as temperatures The PRESIDING OFFICER. Without backing of the fossil fuel industry, steadily rise, glaciers the world over objection, it is so ordered. which is well on its way in trying to are melting. The glacier that buried The Senator from Rhode Island. turn America into a banana republic this little plant 6,000 years ago receded Mr. WHITEHOUSE. Mr. President, I through its interests, actually got so fast that here it is now—6,000 years ask unanimous consent to speak for up through the Senate without ever hav- in a glacier and now here in my hand in to 20 minutes in morning business. ing to disclose who funded his dark the Senate. The PRESIDING OFFICER. Without money operation. That alone is a kind It is not just plants that are emerg- objection, it is so ordered. of preposterous statement, but it is ing from this great melting. We are ac- f true, because the Senate majority tually seeing remains of our own long- wouldn’t insist that those questions be CLIMATE CHANGE dead ancestors emerge from melting answered because they were so all-fired glaciers. This is all becoming so com- Mr. WHITEHOUSE. Mr. President, I eager to shove this fossil fuel tool into mon that a new field of study has been am here to give my weekly ‘‘Time to the Administrator’s seat at EPA. created—glacial archeology. Wake up’’ speech. It is occurring on a Those questions never got answered. For my 162nd ‘‘Time to Wake up’’ day when the President has signed an Once there is a case brought against speech, I will share the story of the Executive order that purports to be an him in which he has to decide whether warming Arctic and our world’s dis- effort to undo a good deal of work the to recuse himself and that decision appearing glaciers. American Government has done to ad- gets reviewed by a court, guess what. A The Thompsons, when they leave dress climate change. I have to say court gets to have those questions an- Ohio State and travel, drill down into that it is a little bit hard to take this swered. So there is going to be a lot the ice, and they take deep core sam- Executive order very seriously when more that gets discovered as this all ples out of the glacier, long tubes of ice the President is in trouble, which goes forward. from the glacier. For Ellen and Lonnie, seems to be an everyday experience for The President, with the Executive that means long trips and some chal- him right now. The White House staff order today, has made himself ridicu- lenging logistics, making sure that seems to entertain him and distract lous, which is no great achievement packed-down ice and snow containing him by putting on these amateur given his recent record. He has made hundreds of thousands of years of accu- theatricals in which they can give him his administration ridiculous, which is mulated snow and ice doesn’t melt a nice big folder that he can make a big unfortunate but not unexpected given along the way back to their lab at Ohio signature on with a flourish and feel the climate-denying crowd who has State because in those hundreds of like he is doing something significant, been given positions of responsibility thousands of years of accumulated when, in fact, these entertainments in this administration. Unfortunately, snow and ice are hundreds of thousands create little effect and mostly just con- he has also made the United States of of years of data. fusion. America ridiculous, at least until the I remember going to visit them. They The administrative agencies that he checks and balances of government set store the core samples from these gla- is purporting to direct to stop taking aright the forces unleashed by this ri- ciers around the world in a huge walk- action on climate change have a couple diculous Executive order. So let’s go on in freezer. It is like a library with of differences from this particular Oval to something that is a little bit more metal shelving, except instead of hav- Office. One is that they are obliged to fact-based and serious. ing books on the shelves, it has these follow the law and will be held to the I take climate trips to various places. tubes, and they are marked as to where law. The second is that under the Ad- I went to Ohio back in 2015, and there they were drilled out. You can pull the ministrative Procedures Act, they have I met two remarkable and very cool tubes off the shelf and take them to a to follow real facts. They don’t get to people: Ellen Mosley Thompson and her viewer, and they have a light under- make up ‘‘alternative facts’’ in the husband, Lonnie Thompson. They have neath it, and you can look at the light fever swamp of the Breitbart imagina- been married for 45 years, and that is coming through it. You can see bubbles tion—at least not for long, because also how long, more or less, they have in the glass that captured the atmos- their record can be reviewed by courts. been research partners. They do par- phere from thousands of years ago, and Finally, they can’t make decisions that ticularly amazing research. They are you can draw the air out of those an- are, to use the standard of administra- glaciologists. They study glaciers. cient bubbles and learn what the at- tive law, ‘‘arbitrary and capricious.’’ They run the Byrd—as in Commander mosphere was like back then. This is an Oval Office that lives by ‘‘ar- Byrd—Polar and Climate Research There was a line through the core bitrary and capricious,’’ but adminis- Center at Ohio State. They have spent that they showed me, and I asked trative agencies don’t get to follow it years and years, decade after decade, them: What is this line in the core? there without having their rulings studying the world’s glaciers and lead- They said: Well, that was a really bad thrown out by courts. ing expeditions to the far corners of sandstorm. It is actually written about So ultimately this is going to come the world to incredible places—to the in ancient Egyptian hieroglyphs, and down to lawyers and to courts, and North Pole, the South Pole, the Green- we can connect the timing of those an- lawyers and courts are actually pretty land ice cap, the high mountains of cient Egyptian hieroglyphs talking good places for addressing climate Peru, and glaciers in faraway China. about this terrific sandstorm and going change seriously because it is very They gave me this on my visit. This back through time, the date. And we hard for the lies that are at the heart is a little piece of a plant. You can look know that this dark line in the core re- of climate denial to withstand cross- closely at it, and you can see the little flects that big storm that ancient

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Last year, researchers published in repository, and they have dubbed their You can see the glacier here from the ‘‘Nature’’ an updated estimate of glob- project ‘‘Protecting Ice Memory.’’ 1920s filling up this valley and the al sea level rise as this phenomenon ac- Their bunker for these cores is going to streams coming off the base of it down celerates. The prediction is not pretty. be 33 feet under Antarctica’s surface, there. This new study doubles the previous es- where they hope to be able to keep the Here you see the glaciers completely timate, putting global sea level rise cores cold for posterity because given gone. The rock is exposed, and there is over 6 feet by the end of this century. the rate of climate change, these care- a lake at the bottom, and you have to This led to the January NOAA report fully preserved, packed-away, and fro- actually look over the top of the moun- that I discussed last week which up- zen ice core samples are probably going tain to this faraway peak to even see dated global sea level rise region-spe- to be the last record we have of all the any snow in the photograph. cific assessments for our U.S. coast- information that was left in and lost in It is the same story elsewhere in the line. The report raised the previous melting glaciers. Arctic. The Greenland ice sheet is the upper range or extreme scenario for av- This photo depicts Grinnell Glacier world’s second largest glacier erage global sea level rise in the year in Montana in what is now called Gla- landmass. 2100 by 20 inches, to a total of 8.2 feet. cier National Park. This was a picture A study last year from the journal NOAA and its partners’ findings were that was taken in 1940. You can see the Science Advances found that we might particularly harsh for the western Gulf glacier here pushing up into the moun- have underestimated the current rate of Mexico—the back side of Florida, if tain. In this photo, you can now see the of mass loss of the Greenland ice sheet you will—and the northeast Atlantic glacier as it is here. If it is not clear, by about 20 billion tons per year. coast; that is, Virginia through Maine, all of this is not glacier; it is lake, it is As ‘‘Science’’ magazine recently including my home State of Rhode Is- water. highlighted, the accelerating surface land. Coastal managers, like Rhode Is- The U.S. Geological Survey described melt of ice and snow off the Greenland land’s Coastal Resources Management what was going on as Grinnell Glacier ice sheet, since 2011, has doubled— Council, or CRMC, are taking these lost 90 percent of its ice in this last Greenland’s contribution to global sea new estimates very seriously and in- century. Here is what the U.S. Geologi- level rise. It is a phenomenon that the corporating the ‘‘high’’ scenario into cal Survey said: Presiding Officer sees and hears about their planning, with the local high sce- Glacier recession is underway, and many in his home State of Florida all the glaciers have already disappeared. The re- nario now projected for Rhode Island treat of these small alpine glaciers reflects time. All told, the melting Greenland by our CRMC at between 9 and 12 changes in recent climate as glaciers respond ice sheet holds the equivalent of more vertical feet of sea level rise. And, of to altered temperature and precipitation. It than 23 feet of sea level rise in its ice. course, when you go up 9 feet or 12 feet, has been estimated that there were approxi- That would be a lot in Miami. That you go back many hundreds of feet in mately 150 glaciers present in 1850, and most would be a lot in Providence. That many places. And all of this, whether it glaciers were still present in 1910 when the would change the map of the United is happening in Florida or whether it is park was established. In 2010, we consider States of America. happening in Rhode Island or whether there to be only 25 glaciers larger than 25 Why are these glaciers changing and acres remaining in Glacier National Park. it is happening in other coastal States, shrinking? Obviously because the it all starts with warming seas and There were 150 glaciers 100 years ago Earth is warming and ice melts. Over and 25 now. I wonder what they will melting glaciers. the last 150 years, industrial activities When National Geographic caught up call Glacier Park when all the glaciers of modern civilization have caused the with Aslund a few weeks ago, he said are gone. burning of fossil fuels like coal and oil. This was—is or was, depending on something striking: ‘‘What’s happening Their emissions have increased the what you look at—Lillian Glacier up in in the Arctic is spreading around the concentration of greenhouse gases in the State of Washington in Olympic whole globe.’’ These pictures he had National Park. On the top, we see the the atmosphere, and we have known taken 14 years ago now—back in 2003— healthy glacier in 1905. In 2010, it is vir- since Abraham Lincoln was President were just the beginning. tually all gone. There are just little that that traps heat in the atmosphere, Kiribati, an island nation, has to face bits of snow in exposed mountain. warming the planet. the real consequences of climate Glacier loss is not just happening in What we are learning more and more change and sea level rise. It is pre- our parks in the United States; it is is how much the warming of the planet paring to become a modern-day happening all over the world. A man accelerates at the Poles. The distribu- Atlantis—lost forever to the waves. named Christian Aslund has been docu- tion of the warming is not even across Aslund describes a meeting with menting this recently, and National the Earth. Things are warming much Kiribati’s President: ‘‘He knows cli- Geographic has printed his work. What faster at the Poles. The Norwegian mate change is just a fact . . . they’re he did was go to the archives of the Polar Institute found that the rate of buying upland in Fiji so they can evac- Norwegian Polar Institute, and he warming in the Arctic is about twice as uate in the future.’’ found pictures of glaciers in Svalbard, high as the global average. For one I will end with one final quote from Norway, back from the 1920s—old black thing, when snow and ice melt, they Mr. Aslund. When asked about the dev- and white pictures. Then he went back can expose darker surfaces underneath, astating effects of climate change that to the exact same spot from which the whether it is water or Earth or rock, he had seen firsthand, he responded: old picture was taken, and he took a and a darker surface will absorb more ‘‘It is the biggest challenge we face and picture. Most of these are from 2003, so solar energy than reflective snow and we must act now before it is too late.’’ some time has gone by since he took ice, and that warms the region even Do one man’s photographs stand any the picture, and the situation has actu- faster. So climate change has this chance against the massive deception ally gotten worse. compounding effect in the high lati- apparatus orchestrated by the fossil You will see here that these two tudes. fuel industry, when they can call in a mountaintops that are sticking above Temperatures in the Arctic were the President of the United States for as this glacier are these two mountain- highest in recorded history for the pe- ridiculous and preposterous an Execu- tops right there, but, of course, the gla- riod between December 2016 and Feb- tive order as he signed today? It is hard cier is no longer there. You just see a ruary 2017. The World Meteorological to know. bit of snow back there behind the Organization noted that ‘‘at least three I hope this body will rise to its best shore. times so far this winter, the Arctic has traditions and meet the needs of its Here you see this vast wall of ice and witnessed the polar equivalent of a constituents, whether they are coastal the glacier pushing back up into these heat wave.’’ What this means in lay- constituents threatened by sea level mountains behind it. man’s terms is that when the ice in the rise or farm constituents threatened by

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PERSONAL EXPLANATION Walter Harrison played a critical role in revi- four members of our greater Wausau commu- talizing the University of Hartford after he be- nity. It was last week that four lives were HON. PETER J. VISCLOSKY came President in 1998. Under his guidance, taken from us all too early. OF INDIANA the University increased and diversified its en- Karen Barclay was warm and caring to ev- IN THE HOUSE OF REPRESENTATIVES rollment, financial stability and academic per- eryone around her. At Marathon Savings formance. During the time that Mr. Harrison Bank, she made sure that no child left the Tuesday, March 28, 2017 served as President, the University of Hartford bank without a lollipop. Mr. VISCLOSKY. Mr. Speaker, on March renovated dorms, dining halls and athletic fa- Dianne Look, known as ‘Dee-Dee,’ cele- 27, 2017, I was absent from the House and cilities to completely change and modernize brated her 25th wedding anniversary last missed roll call votes 195 through 196. the campus. New undergraduate and graduate month. Dianne loved to make jewelry; raising Had I been present for roll call 195, a vote academic programs were added in science, money for the American Cancer Society. on H.R. 1117, a measure to require the Ad- technology and the fine arts. Undergraduate Sara Quirt-Sann had an infectious laugh ministrator of the Federal Emergency Manage- enrollment increased by 20 percent. His gen- and ran her own law practice. She proudly ment Agency to submit a report regarding cer- uine affinity for students and his authentic con- served as a Guardian ad Litem for kids in our tain plans regarding assistance to applicants cern were evident every time I walked the community. and grantees during the response to an emer- campus with him. We also lost Detective Jason Weiland of the gency or disaster, I would have voted ‘‘Aye.’’ Walter has also been an engaged leader for Everest Metro Police Department, who was Had I been present for roll call 196, a vote the city of Hartford. He serves on multiple killed in the line of duty. Serving 18 years in on H.R. 654, The Pacific Northwest Earth- boards in the area including on the boards of what was described as his ‘dream job,’ Detec- quake Preparedness Act of 2017, I would Saint Francis Hospital and the MetroHartford tive Weiland wore the Everest Metro PD uni- have voted ‘‘Aye.’’ Alliance. He is one of the founders of the Con- form because he wanted to protect people and f necticut Science Center and a past president keep his community safe. of Hartford Stage. Walter made engagement PERSONAL EXPLANATION On behalf of this institution, I rise to extend with the city a priority of his tenure, and was my deepest regrets to their families—the involved in the effort to incorporate Hartford mothers and fathers, husbands, wives, and HON. GEORGE HOLDING public schools into the campus of the Univer- children who no longer have a special mem- OF NORTH CAROLINA sity, resulting in the University of Hartford ber in their homes. IN THE HOUSE OF REPRESENTATIVES Magnet School and the University High School f Tuesday, March 28, 2017 of Science and Engineering. Walter also played a key role in reforming the NCAA and HONORING EARLINE WRIGHT-HART Mr. HOLDING. Mr. Speaker, due to a per- was recognized by his peers for his out- sonal matter, I missed the following votes on standing leadership. Monday, March 27, 2017: HON. BENNIE G. THOMPSON What I admire most about Walt is the easy Roll Call Vote No. 195: To require the Ad- OF MISSISSIPPI manner and grace in which he engages stu- ministrator of the Federal Emergency Manage- IN THE HOUSE OF REPRESENTATIVES dents, faculty, and the greater community the ment Agency to submit a report regarding cer- University serves. His humanity and well- Tuesday, March 28, 2017 tain plans regarding assistance to applicants rounded nature makes him a man for all sea- and grantees during the response to an emer- Mr. THOMPSON of Mississippi. Mr. Speak- sons: cultured, passionate, affable, and witty, gency or disaster. Had I been present, I would er, Ms. Earline Wright-Hart was born in Rural truly a Renaissance man. He is just as com- have voted ‘‘YEA’’. Holmes County, one of six (6) children, born fortable at Augie and Rays as he is at Hartford Roll Call Vote No. 196: Pacific Northwest to the union of Willie and Claudia Mae Wright. Stage; talking sports, politics, or theater. I Earthquake Preparedness Act. Had I been Married to James Zachary Hart, 4 children, 3 have valued our friendship, admired his lead- present, I would have voted ‘‘YEA’’. sons: James, Ryan, Lamont & 1 daughter: ership and academic acumen, and consider Jamie Wright-Hart and a new ‘‘Grand Nana’’ f myself a better person having benefitted from to Hailey Kimbrough Jordan. IN HONOR OF WALTER HARRISON our relationship and his wisdom. Ms. Earline Wright-Hart is a member of the Walt will be truly missed at the University of Lebanon Missionary Baptist Church, Choir HON. JOHN B. LARSON Hartford. His vision and leadership have Member and a Trustee. She was also a grad- shaped the University into the institution it is OF CONNECTICUT uate of Saint Academy, Holmes Junior College today, and I am proud to call him a friend. The and MS State University and graduated on IN THE HOUSE OF REPRESENTATIVES word retirement doesn’t become him; he is too July 22, 2010 from Michigan State Univer- Tuesday, March 28, 2017 committed and essential to the heartbeat of sity—School of Criminal Justice/Judicial Ad- Mr. LARSON of Connecticut. Mr. Speaker, I life to retire. He will simply engage. The entire ministration Program. rise today with the entire Connecticut delega- CT delegation joins in thanking him for his Ms. Earline Wright-Hart was elected Circuit tion to recognize a dedicated leader, re- service to the University and the city of Hart- Clerk of Holmes County in November, 1991 spected academic, and a dear friend, Walter ford. and she still serves Holmes County in this ca- Harrison, on his retirement as the President of To paraphrase George Barnard Shaw, Walt pacity as well as presently serving on the the University of Hartford. His retirement has been a splendid torch that has burned Statewide Election Management System marks the end of 19 years of an incredibly brightly for the University and now he is hand- Focus Group with Mississippi Secretary of successful term as President and the end of ing it off to the next generation. State, Delbert Hoseman. an era at the University. f Some of Ms. Wright-Hart’s accomplishments A graduate of Trinity College in Hartford, HONORING THE VICTIMS OF are: Walt began his career of service and experi- WAUSAU-AREA TRAGEDY 1. Served as Vice-Legislative Chair for the ence in higher education, receiving his Mas- MS Circuit Clerk’s Assoc., 1996 through 1997 ters from the University of Michigan and went 2. Appointed Secretary of the MS Circuit on to serve for three years as an officer in the HON. SEAN P. DUFFY Clerk’s Association in July, 1999 OF WISCONSIN U.S. Air Force. He then completed a doctorate 3. Nominated Professional of the Year by IN THE HOUSE OF REPRESENTATIVES at the University of California-Davis and Holmes County Chamber of Commerce in worked in the administrations of Colorado Col- Tuesday, March 28, 2017 April, 2001 lege and the University of Michigan before Mr. DUFFY. Mr. Speaker, it’s with a heavy 4. Served as President of the Mississippi joining the University of Hartford. heart that I rise today to recognize the loss of Circuit Clerk’s Association in 2002–2003

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

VerDate Sep 11 2014 04:31 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K28MR8.001 E28MRPT1 lotter on DSK5VPTVN1PROD with REMARKS E398 CONGRESSIONAL RECORD — Extensions of Remarks March 28, 2017 5. Named in Empire Who’s Who Registry of PERSONAL EXPLANATION I congratulate Richard on an incredible ca- Executives & Professionals in 2003–2004 reer in the service of a healthier Arizona. I 6. Appointed by Secretary of State, Eric HON. KEVIN YODER wish him and his wife Maryglenn a healthy Clark, Pilot Circuit Clerk for State/Saber OF KANSAS and happy retirement filled with friends, family, Project in January, 2005 for the Statewide IN THE HOUSE OF REPRESENTATIVES and adventure. Election Management System f 7. Parent of the Year in 2004–2005 at Tuesday, March 28, 2017 Holmes County School District Mr. YODER. Mr. Speaker, I was not present PERSONAL EXPLANATION 8. Appointed Program Evaluator for the 21st on March 27, 2017 due to the death of my Judicial District Adult Drug/DUI Court in Janu- 105 year old Grandmother, Edna Yoder. Had HON. LUIS V. GUTIE´RREZ ary, 2006 I been present, I would have voted Yea on OF ILLINOIS 9. Certified Level 1 firefighter—MS State Roll Call vote Number 195. On Roll Call Num- IN THE HOUSE OF REPRESENTATIVES ber 196, I would have voted Yea. Fire Academy in May, 2006 Tuesday, March 28, 2017 10. Named Who’s Who Among Professional f Female Executives in 2008–2009 Mr. GUTIE´ RREZ. Mr. Speaker, I was un- 11. Received the Dr. Arenia C. Mallory IN RECOGNITION OF RICHARD avoidably absent in the House Chamber for Women History Award at St. Paul African BOALS roll call votes 195 and 196 Monday, March 27, Methodist Episcopal Church in Madison MS in 2017. Had I been present, I would have voted March, 2009 HON. KYRSTEN SINEMA ‘‘Yea’’ on roll call votes 195 and 196. 12. Received Accountable Public Officials OF ARIZONA f IN THE HOUSE OF REPRESENTATIVES Award by Southern Echo, Inc. in December, HONORING DWIGHT A. BARFIELD 2010. Tuesday, March 28, 2017 Mr. Speaker, I ask my colleagues to join me in recognizing Ms. Earline Wright-Hart for her Ms. SINEMA. Mr. Speaker, I rise today to HON. BENNIE G. THOMPSON dedication to serving others and giving back to recognize an Arizona business leader, health OF MISSISSIPPI the African American community. care advocate, and dedicated community serv- IN THE HOUSE OF REPRESENTATIVES ant, Richard Boals. Mr. Boals has served as f the Chairman and Chief Executive Officer of Tuesday, March 28, 2017 IN MEMORY OF DALE HARLEY Blue Cross Blue Shield of Arizona since 2003, Mr. THOMPSON of Mississippi. Mr. Speak- providing strategic leadership and vision for er, I rise today to honor an extraordinary Black the company through critical times of change History honoree, Mr. Dwight A. Barfield. HON. JOE WILSON and transition in the industry. Dwight A. Barfield was born to a prominent OF SOUTH CAROLINA As a long-time advocate, Mr. Boals is active Civil Rights Activist and Vice Mayor of Marks, IN THE HOUSE OF REPRESENTATIVES in the community and has been involved with MS, the Late James Figgs Barfield and Eloise Tuesday, March 28, 2017 countless professional and local organizations. Barfield of Marks, MS. As a child, he was de- His focus and dedication are aimed at youth termined to be a distinguished follower of his Mr. WILSON of South Carolina. Mr. Speak- and education, health, wellness and human father. er, South Carolina lost a dedicated public services, economic and civic development, Webster’s dictionary delineates success as servant with the passing of West Columbia and arts and culture. ‘‘the attainment of wealth, favor and emi- City Councilman Dale Harley. Pastor Michael Mr. Boals is on the board of directors for Ar- nence.’’ It is an apt definition, but only a partial Hood lovingly conducted a Service of Death izona Commerce Authority, Greater Phoenix one. What is missing is the kind of success and Resurrection on Sunday, March 26, 2017, Leadership, Arizona State University W.P. that can only be measured in terms of self-ful- at Platt Springs United Methodist Church in Carey School of Business Center for Services fillment. At the young age of twenty-one and Springdale with organist Sherri Cafaro and so- Leadership, Arizona State University Presi- with the collaboration of young and old sup- loist Jason Barrs. Pallbearers were Ben dent’s Club, Arizona State University Dean’s porters and influential African Americans, Breland, Michael Faulling, Peter Fisher, Dana Council of 100, and the Maricopa Community Dwight Anthony Barfield was successful in his Harley, Kevin Harley, Chuck Haseldon, Paul Colleges Foundation. He is a member of the bid of becoming the youngest Mayor of Marks, Rish, Kent Safriet, Van Safriet, Chris Threatt, Translational Genomics Research Institute’s Mississippi and the youngest elected official in and Jeff Threatt. Honorary Pallbearers were board of directors, Arizona Educational Foun- Quitman County on June 3, 1993. the West Columbia City Council members and dation’s advisory board, and the Phoenix Po- During his tenure as mayor (Three Con- the Joint Municipal Water and Sewer Commis- lice Reserve Foundation board of directors. He secutive Terms from June 1993 through June sion. Thompson Funeral Home of Lexington is chairman of the board of directors for 2005), Dwight earned a reputation of being a thoughtfully coordinated services. TriWest Healthcare and O’Connor House. coalition-builder, managing to keep the City of The following thoughtful obituary was in- As a community and business leader, Mr. Marks Board of Alderman and the Quitman cluded in the service program: Boals has been honored with several awards: County Supervisors together. Under his signa- Leonard Dale Harley, Sr., 76, of West Co- the ASU Alumni Leadership Award, the Mari- ture leadership, the citizens and the business lumbia, SC, passed away Thursday, March 23, copa Community Colleges Foundation’s He- community thrived and flourished. He 2017. He was born in West Columbia, SC, to the late James ‘‘Alburn’’ and Leola Spires roes of Education Award, the Victoria Founda- partnered with the Casino industry, (namely, Harley. tion’s Advocates for Education Award, the Grand Casino) to provide city and county citi- Dale was a longtime member of Platt American Jewish Committee’s National zen’s jobs. He brought business such as Springs UMC, where he once was very in- Human Relations and Centennial Leadership McDonald’s, Family Dollar, BFI Waste Man- volved with the youth group and Boy Scouts. Awards, the Anti-Defamation League’s Jerry J. agement to name a few. He was a member of the West Columbia City Wisotsky Torch of Liberty Award, the Greater He has continued to exude unprecedented Council and a member of the Joint Munic- Phoenix Urban League’s Whitney M. Young, willingness to do whatever it takes to keep the ipal Water & Sewer Commission. He was a Jr. Individual Award, the Marine Corps Schol- community abreast of the positives and nega- family man that loved spending time with his family, friends and pets. He will be arship Foundation’s Globe and Anchor Award, tives. He is recognized amongst his family, his missed by many. and the Phoenix Business Journal’s Silver An- community, and his colleagues as a man of in- Dale is survived by his loving wife of 55 niversary Honor Roll Award. tegrity, service, compassion, and outstanding years Sandy; his daughters, Lynn (Jim) Mr. Boals received his associate’s degree spirit. He attended the historic church where Asbill of Anderson, SC and Kim (Kim) Harley from Phoenix College and bachelor’s degree Dr. Martin Luther King spoke on behalf of the of West Columbia; and son, Lee (Erika) Har- in accounting from Arizona State University. ‘‘Poor People Campaign that started in the ley of Lexington. He also leaves behind his He has completed executive development 1968.’’ two grandchildren, Nathan and Auburn; his courses at Fuqua School of Business at Duke He is a dedicated and devoted member of sisters, Sarah (Bill) Geddings, and Jean Threatt; brother, James Mello (Sherrell) University, Haas School of Business at the Silent Grove Missionary Baptist Church, Marks Harley; and many nieces and nephews. He University of California, Harvard University and MS where he serves as the Chairman of the was preceded in death by his sisters, Frances University of Michigan. Mr. Boals served four Board of Trustees and as Deacon. Maxine Hamilton and Dorothy Joyce years in the United States Air Force before He continues to be an activist in his commu- Faulling. beginning his career at BCBSAZ. nity while ensuring that elected officials are

VerDate Sep 11 2014 04:31 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A28MR8.001 E28MRPT1 lotter on DSK5VPTVN1PROD with REMARKS March 28, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E399 held accountable for their actions to the citi- approved. Before President Obama’s recent ington Post op-ed when he decried the zens of Quitman County. appointment of Ken Hackett as the next U.S. ‘‘framework that has emphasized hard power He has served on various committees and ambassador to the Holy See, there was grow- and the use of brute force.’’ One can specu- ing speculation that the administration was is a member of numerous organizations to in- late on the motivations and intentions of considering completely eliminating the dip- such an unlikely source, but at least there is clude, but not limited to the following: lomatic mission, or reducing it to an append- an admission of the importance of diplo- 1. Currently served as Vice President of age of the Embassy in Rome. While the matic alternatives which are based on per- Mid-State Opportunity, Inc. Obama administration has been in conflict suasive fundamental principles. 2. Served as Male Mentor, After-School with the Catholic Church on a range of No two sovereigns are more naturally Peer Tutoring Program for Disadvantaged issues from abortion to contraception, it is aligned than the United States and the Holy Youth clearly in America’s national interests to See in the pursuit of diplomacy founded on 3. Past President of the Mississippi Con- strengthen diplomatic ties with the Holy See the core moral principles of the inalienable to advance our interests around the world. rights of man, his essential God-granted ference of Black Mayors The United States and the Holy See re- 4. Past Board Member of the National Con- human dignity, and the right of all to reli- main two of the most significant institutions gious freedom. This is rightly called the ference of Black Mayors in world history, one a beacon of democracy ‘‘first freedom’’ because our other freedoms 5. Past Board Member and Director of the and progress, the other a sanctum of faith seldom flourish in its absence. and allegiance to timeless principles. Despite U.S. World Conference of Mayors REFLECTING ON THE LIFE OF ARCHBISHOP these differences between the first modern 6. Member of Alpha Phi Alpha Fraternity, PIETRO SAMBI, DIPLOMAT OF THE HOLY SEE democracy and the longest surviving West- Inc. The death of Archbishop Pietro Sambi, 7. Delegate and Traveled abroad to Africa ern monarchy, both were founded on the idea that ‘‘human persons’’ possess inalienable Papal Nuncio to the United States for the (Nigeria, Ghana and Senegal) to promote De- natural rights granted by God. This had been last five years, is a great loss for the diplo- mocracy and World Peace. a revolutionary concept when the Catholic matic community in Washington, D.C. and 8. Members of Masonic Lodge Number 315 Church embraced it 2,000 years ago, and was for the world. A veteran diplomat with many of Crowder, MS equally revolutionary when the Declaration years experience in Israel and Palestine, 9. Founder and Former Scoutmaster of Boy of Independence stated it 1,800 years later. Archbishop Sambi brought a depth of knowl- Scout Troop Number 306 The Church is one of the leading advocates edge and personal credibility to the diplo- macy of the Holy See which will be greatly Dwight A. Barfield’s leadership, dedication, and providers for the poor in the world, fights against the scourge of human traf- missed. remarkable acts of courage, perseverance, ficking, and advances the cause of human Prior to his posting in Washington, Arch- tireless service to all mankind and passion to dignity and rights more than any other orga- bishop Sambi was stationed in Cuba, Nica- make a difference in his community, makes nization in the world. The Holy See also ragua, Belgium and India. As papal rep- him an outstanding community activist. plays a significant role in pursuing diplo- resentative to Israel and Palestine from 1998 Mr. Speaker, I ask my colleagues to join me matic solutions to international predica- until 2005, he was instrumental in the plan- in recognizing Community Activist and Former ments. In 2007, for example, the Holy See ning and execution of the Holy Land visit of Mayor, Dwight Anthony Barfield for his dedica- helped secure the release of several British Pope John Paul II in 2000 and was deeply in- volved in the Holy See’s diplomacy during tion to serving this City, County and State. sailors who had been picked up by the Ira- nian navy. Its long-standing bilateral rela- the 2006 Lebanon war, where the traditional f tions with Iran and the lack of such rela- power sharing coalition was challenged by the presence of Hezbollah. His personal credi- HOLY SEE ARTICLES tions by the British and other western gov- ernments created an opportunity for success- bility was important during this war in mo- ful intervention. bilizing the Christian coalition there. HON. FRANCIS ROONEY And more recently, the Holy See issued its His Cuba and Nicaragua experience was im- OF FLORIDA diplomatic note concerning the civil war in portant in his understanding of the chal- Syria, calling for a ‘‘concept of citizenship’’ lenges the United States faces in these coun- IN THE HOUSE OF REPRESENTATIVES in which everyone is a citizen with equal dig- tries and in expressing the Holy See’s goals Tuesday, March 28, 2017 nity. It is urging the commissions which are for religious freedom and pursuance of the Mr. FRANCIS ROONEY of Florida. Mr. working on a possible future constitution democratic process there. He was Nuncio in and laws to ensure that Christians and rep- Nicaragua as the Sandinista revolution took Speaker, I rise today to share with my col- resentatives of all other minorities be in- control of the country and challenged church leagues several more articles that I have writ- volved. This immediately helped place a authority and democratic institutions there. ten over the years regarding the Holy See. As spotlight on the plight of Christians and the He was involved in planning Pope John Paul a Member of the Europe, Eurasia, and Emerg- ongoing exodus of all non-Muslims from II’s 1983 visit wherein the Pope challenged ing Threats Subcommittee on Foreign Affairs, most Middle East countries for the last 30 Daniel Ortega and his government. these pieces serve to outline and inform dis- years. The power and influence of the Holy While Archbishop Sambi was in Cuba in an cussions that our Committee will cover in the See is often underestimated. A benevolent earlier time, from 1974–1979, his efforts in working with the local church were valuable 115th Congress. monarchy tucked into a corner of a modern democracy, the Holy See is at once a univer- in keeping the goals of freedom and toler- U.S. MUST EMBRACE HOLY SEE sally recognized sovereign representing more ance alive. The recent release of the last of The past few years have seen cordial but than a billion people (one-seventh of the the March 2003 political prisoners in Cuba by cooling relations between the United States world’s population)—and the civil govern- the Castro government exemplifies the valu- and the Vatican. Since President Obama ment of the smallest nation-state on earth. able contributions of Holy See diplomacy, took office, he has visited the Vatican just It has no military and only a negligible econ- the result of many leaders like Archbishop once, and the administration has dem- omy, but it has greater reach and influence Sambi. onstrated little more than a perfunctory in- than most nations. It’s not simply the num- He was, in short, a most qualified diplomat terest in the Holy See’s diplomatic role in ber or variety of people that the Holy See and a man whose warmth reminded many of- the world. This is a lost opportunity at a represents that gives it relevance; it’s also ficials of the first apostolic pro-nuncio to the critical time for America. U.S. foreign policy the moral influence of the Church, which is United states, Cardinal Pio Laghi. has much to gain from its relationship with still considerable despite secularization and In meetings with him I realized his keen the Holy See, the governing body of the scandals. understanding of the unique role of religion Catholic Church. No institution on earth has The Holy See advocates powerfully for mo- and faith in the United States as protected both the international stature and the global rality in the lives of both Catholics and non- by the First Amendment. He realized, like reach of the Holy See—the ‘‘soft power’’ of Catholics, and in both individuals and na- his predecessor Archbishop Pio Laghi, that moral influence and authority to promote re- tions. One may disagree with some of the the American experiment of the First ligious freedom, human liberties, and related Church’s positions and yet still recognize the Amendment has much to offer the world. values that Americans and our allies uphold value—the real and practical value—of its in- Though it is only natural for a prominent worldwide. sistence that ‘‘right’’ should precede priest to proclaim the importance of reli- President Reagan established full diplo- ‘‘might’’ in world affairs. At its core, the gious freedom and its importance in sus- matic relations with the Holy See in 1984 be- Catholic Church is a powerful and unique taining civil society, Sambi was also an ear- cause, among other reasons, he realized that source of non-coercive ‘‘soft power’’ on the nest proponent of the freedoms of speech and he could have no better partner than Pope world stage—it moves people to do the right press. He warmly received journalists in an John Paul II in the fight against com- thing by appealing to ideals and shared val- effort to connect with an American audience munism—and he was right. The administra- ues, rather than to fear and brute force. that went beyond the capital beltway region tion of George W. Bush continued to expand America’s foreign policy is much more likely and daily withstood anti-Catholic protestors these relations, even in difficult times while to succeed with the support of the Holy See. picketing just outside his office. In times of engaged in a conflict in Iraq of which the Iranian President Hassan Rouhani recently crisis within the Church and without, he res- Holy See had strongly and vocally dis- gave a nod to this soft power in his Wash- olutely defended the goodness that religion

VerDate Sep 11 2014 04:31 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A28MR8.006 E28MRPT1 lotter on DSK5VPTVN1PROD with REMARKS E400 CONGRESSIONAL RECORD — Extensions of Remarks March 28, 2017 offers the world—peace, justice, love, and from Rerum Novarum and Pope Leo XIII, but than himself comes as no surprise to those true individual freedom. he has brought a different tone and diction who’ve been able to work alongside this ex- Many times he made a point of explaining to the discussion of political economy. ceptional leader. that the foundation of the diplomatic mis- This may be the greatest result of the sion of the Holy See is rooted squarely in the papal visit—if Pope Francis experiences Gary’s work hasn’t gone unnoticed. He pursuits of freedom, tolerance and the pro- something different in the United States, served in numerous leadership positions within tection of human dignity. The ‘‘soft power’’ distinct from his experience in Latin Amer- the state and national credit union movement. of moral rectitude and persuasion is what ica. In Argentina, broad-based corruption In September of 2003, Texas Governor Rick drove the Archbishop in his work. and crony capitalism dominate; oligarchic Perry appointed Gary to serve on the Texas His death last Friday following a serious businesses feed off of the state and provide Credit Union Commission. He was soon cho- lung operation at Johns Hopkins Hospital is little to their workers. Many parts of Latin sen to Chair this commission’s important work. a time for reflection on the twenty-seven America, the pope’s basis of perspective, In 2015, Gary was inducted into the Credit years of official recognition between the U.S. have significant inequality of wealth, abu- government and the Holy See in Vatican sive governments and abridged freedoms. Union House Hall of Leaders. His work posi- City. In that short period, the bilateral rela- The opportunity to rise up and achieve one’s tively impacted countless people across Texas tionship has flourished into a deep commit- God-given talents is circumscribed. and nationwide. ment. Together, the world’s most influential Our challenge during his short time in the Retirement is to be celebrated and enjoyed. state and the world’s smallest sovereign United States is to draw his attention to the It is not the end of a career, but rather the be- state combine to address serious problems fundamental American values of economic ginning of a new adventure. I heartily salute like human trafficking, extremist violence and personal liberty. This unique combina- Gary Janacek’s work and contributions to his and religious intolerance. tion of religious and personal freedom, as community. I’m sure I echo the thoughts of all As I mourn the loss of my friend, laid to Alexis de Tocqueville foresaw in the early rest in his hometown of Sogliano al 19th century, created an engine for pros- when I wish him the best in both his retire- Rubicone, Italy, I am thankful for his wit- perity of its citizens unlike any previous ment and all his future endeavors. ness and example, and also have to pause and governmental experiment. f reflect on the moral leadership of the United The itinerary of Pope Francis’ visit to the States around the world, which Archbishop United States represents the quintessential HONORING THE LATE MR. PERCY Sambi so deeply appreciated and valued. new world experience; Washington DC, the STROTHERS POPE FRANCIS’ FIRST VISIT TO U.S. PROVIDES epicenter of political power in the United HISTORIC OPPORTUNITY States and derivatively in the world. Next he will travel to New York, the locus of finan- HON. BENNIE G. THOMPSON Pope Francis’ highly anticipated visit to cial power and influence in the world, and OF MISSISSIPPI the United States offers an opportunity to the home of the United Nations, the ulti- IN THE HOUSE OF REPRESENTATIVES advance our understanding of the significant mate gathering place of all nations. Finally, role that the pope and the Holy See play in Tuesday, March 28, 2017 Pope Francis will stop in Philadelphia, world affairs. And just as important, the where American democracy began. Hopefully Mr. THOMPSON of Mississippi. Mr. Speak- Papal Visit will afford Pope Francis a Pope Francis will depart the United States er, I rise today to honor a community servant glimpse at the fundamental values at work with a heartfelt understanding of the good in the United States—providing a unique oc- and entrepreneur, the late Mr. Percy Strothers, that can result when political and economic casion to inform his views on crucial eco- who has shown what can be done through te- institutions foster individual liberty and nomic, human rights, and environmental nacity, dedication and a desire to serve his freedom. issues. Pope Francis has never visited the Likewise, if the attention the pope draws community. United States, so there is a historic oppor- from the citizens of the United States serves Mr. Percy Strothers was born on June 7, tunity to demonstrate how American values to increase their understanding of where he 1925 in Natchez, MS to the late Emanuel can help resolve many vexing global prob- comes from and what he seeks to accom- Strothers and Charity Piggs. lems. plish, another important goal will have been In 1943, after finishing high school Percy The pope will break new ground in address- achieved—enhanced appreciation for the im- joined the Army at the age of 17, where he ing the Joint Session of Congress. By re- portant and constructive role the papacy and served for 3 years. As a World War II Veteran, sponding to Speaker Boehner’s historic invi- the Holy See play in the world today, in the tation, Pope Francis will engage with the his tenure included the United States of Amer- diplomatic engagement among states as well ica, England, Normandy, Northern France, Congress as no pope has previously, rein- as in Catholic theology. forcing his role as a global leader and draw- Rhineland, and Central Europe. He received ing unprecedented public attention to his f the ATO-Medal, EAMETO-Medal, GOOD major diplomatic themes and objectives. CELEBRATING THE RETIREMENT CONDUCT Medal, and the World War II Vic- Thus far in his papacy Pope Francis has OF GARY L. JANACEK tory Medal. laid out several important priorities which He married the former Carolyn Sue Webster might surface in his address and broader visit to the United States. HON. JOHN R. CARTER on October 30, 1966 and to this union two wonderful children were born. Percy remained From the beginning, the pope has made a OF TEXAS a faithful husband to Carolyn for 50 years. priority to highlight the global challenge of IN THE HOUSE OF REPRESENTATIVES migration and the ensuing deprivation of After returning from the Army, Mr. Strothers basic human needs of people displaced from Tuesday, March 28, 2017 opened the first black owned Taxi Cab busi- their homes. The lesson of his first papal Mr. CARTER of Texas. Mr. Speaker, I rise ness in Vicksburg MS, which he operated for trip, to Lampedusa, resonates today with the today to celebrate the retirement of Gary L. 27 years. He also worked for Shell Oil Co. for increase in refugees from Syria and Africa. 11 years. Percy later worked for the United He urged the world to ‘‘oppose the Janacek, CEO of Scott & White Employees globalization of indifference’’ to the plight of Credit Union. This esteemed and valued cit- States Postal Service as a Letter Carrier for these people. izen of the Temple, Texas area has made real 27 years and Mail Supervisor for 1 year before Recently, in his encyclical Laudate Si, and lasting impacts on his community and set retiring in 1990. Pope Francis used forceful language to call a high standard of excellence in his profes- Mr. Strothers served his community well. He attention to environmental degradation and, sion. enjoyed serving his community as a Local His- somewhat controversially, linked consump- Gary truly embodied the Credit Union’s slo- torian and Legendary community activist. tion and waste in industrialized countries gan, ‘‘people helping people,’’ throughout his Percy was affiliated with the National Associa- with poverty and lack of opportunity in the tion of Letter Carriers, NAACP (National Asso- emerging world. career and in all aspects of life. Throughout One success of this visit could be that the his nearly fifty years of service, Gary’s work ciation of Advancement of Colored People), pope sees in the United States a people who has been vital in helping the Credit Union suc- American Legion Tyner-Ford Post 213 and the also care for their environment yet offer ceed in serving their communities and achiev- Esquire Club of Vicksburg. He served as past practical solutions to reduce pollution like ing their goals. President of Vicksburg Letter Carriers Union nurturing the use of cleaner fuels, deploying When formally announcing his retirement to Branch 94, past Chairman for the State of MS advanced technologies and supporting alter- the board of directors and staff last summer, Letter Carriers Sons and Daughters Scholar- native energy sources throughout the world. Gary said, ‘‘It’s been a distinct privilege and ship Committee. Percy received a Proclama- Another aspect of Pope Francis’ diplomatic outreach has been criticism of capitalism as honor to serve our members for the past 39 tion from Mayor Robert Walker designating abusive and insensitive to the poor and the years. I have been richly blessed with a vi- November 30th as Percy Strothers Day. Percy disadvantaged. In many respects what the sionary board of directors and dedicated staff was instrumental in the development of the 1st pope has expressed is consistent with his- in serving the needs of our membership.’’ That Black Subdivision (Melinda Robinson Subdivi- toric Catholic social teaching, descending Gary chose to salute those around him rather sion) where he served as chairperson of the

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He is a 1963 dedication the street in the neighborhood the Air Force Checkmate Division and, among graduate of Gentry High School; 1967 grad- bares his name. other assignments, as the Chief of Long uate of Mississippi Valley State University with Percy joined Jackson Street Missionary Range Strategy during the Afghanistan War. a Bachelor of Science in Social Science Edu- Baptist Church in 1956 where he remained a During his 30 year career, Colonel Hanlon cation; 1992 graduate of Delta State University faithful and dedicated member of the church. also served as an instructor pilot, flight exam- with a Master’s in High School Counseling; Mr. Speaker, I ask my colleagues to join me iner, operations officer, squadron commander, and further studies in Political Science at Mis- in recognizing Mr. Percy Strothers for his dedi- and Vice Wing Commander. During those sissippi State University. cation and loyalty to Vicksburg, Mississippi years, he served in Hawaii, Japan, and Korea, Along with Mr. Rice’s background in edu- and his desire to always strive for more. prior to his current position as the Commander cation, he worked 35 years in the Sunflower f of Corps of Cadets Detachment 805 at Texas County School District. He served 16 years on A&M University. the Indianola Board of Aldermen and 8 years RECOGNIZING TED OGLESBY Over his three decade military career, Colo- as Vice-Mayor. nel Hanlon was awarded 12 awards and Mr. Rice participated in the Civil Rights HON. DOUG COLLINS badges, including the National Defense Serv- Movement in 1965. He was jailed for attending OF GEORGIA ice Medal, Air Force Organizational Excellence the former Seymour Library and for a sit-in at IN THE HOUSE OF REPRESENTATIVES Award, and Joint Meritorious Unit Award. He the Traveler’s Inn Restaurant. He participated further distinguished his service by earning the Tuesday, March 28, 2017 in many marches throughout Sunflower Coun- Air Force Commendation Medal with three oak ty and he marched with Fannie Lou Hamer Mr. COLLINS of Georgia. Mr. Speaker, I leaf clusters, a Medal given to those who dis- and Charles Scattergood. rise today to recognize the life of longtime play acts of heroism or meritorious service. In Presently, Mr. Rice serves as Supervisor of Gainesville journalist Ted Oglesby, who addition, Colonel Hanlon earned the Legion of Sunflower County, District 2; is a member of served his country and our hometown through- Merit Award, given to those who display ex- the P16 Council; a member of the Cares Men- out most of his 84 years. ceptionally meritorious conduct, and the De- toring Program, and Vice President of the Mr. Oglesby arrived in Gainesville, GA in fense Superior Service Medal, awarded to Sunflower County Branch 5333 of the NAACP. 1958 out of the Air Force Reserves and began those in the Department of Defense who dis- Lastly, Mr. Rice is a devoted Christian and working for WDUN radio, a well-known station play superior meritorious service in positions an ordained Deacon at Traveler’s Rest M.B. in northeast Georgia. He soon left to become of significant responsibility. Church, where he serves as Chairman of the sole owner and chief editor at the Gainesville Colonel Hanlon has demonstrated his gifted Deacon Board and Superintendent of the Sun- Tribune. skills as a pilot through over 3,500 flight hours, day School. The Pastor of Traveler’s Rest In 1968, he returned to military service and with 325 of those hours being in combat. He M.B. Church is Rev. T.L. Martin, Jr. of Cleve- spent a year in Vietnam. During this time, Ted reached the rank of Command Pilot, and flew land, Mississippi. contributed to many missions that led him four different military aircraft during his serv- Mr. Speaker, I ask my colleagues to join me across the globe. He retired in 1981 as a ice, including the T–37, T–38, A–10 and F–16. in recognizing Mr. Riley Rice for his dedication Colonel in the Air Force, having received a I also would like to honor Colonel Hanlon for to serving others and giving back to the Afri- Bronze Star for his meritorious service to our his service to the Texas A&M University. For can American community. nation. nearly four years, he has served as the Com- f After returning to civilian life in Gainesville, mander of Detachment 805 of the Corps of Mr. Oglesby again took up the pen and pad as Cadets, as well as teaching at the University HONORING CLAY PHILLIPS’S a reporter. His work in politics earned him as a Professor of Aerospace Studies. He has LIFETIME OF PUBLIC SERVICE many Georgia Press Awards, and he retired embodied the core values at Texas A&M, es- as the Editorial Editor of the Gainesville pecially the core values of excellence and self- HON. KENNY MARCHANT Times. less-service. OF TEXAS As the founder and longest serving chair- Mr. Speaker, our Nation’s history is ground- IN THE HOUSE OF REPRESENTATIVES man of the Small Business Development Cen- ed in the efforts of our men and women who Tuesday, March 28, 2017 ter, Mr. Oglesby was well respected through- have served in uniform. Those who protected out his community. He hosted a Travel Club and defended the United States of America Mr. MARCHANT. Mr. Speaker, I rise today for the Georgia Retired Teachers association deserve our highest praise and thanks. We to honor the public service of City Manager and served as a Life Deacon at Lakewood also wish them Godspeed as they transition to Clay Phillips of Coppell, Texas. On March 31, Baptist Church. He was honored by the the next chapter in their lives. 2017, Mr. Phillips will retire from public service Gainesville Kiwanis and was presented the Today, I have requested that a United after serving eight years as City Manager of Hixson Award for his outstanding community States flag be flown over the United States Coppell and over 35 years of service in munic- service, which spanned five decades. Capitol to honor the many contributions of ipal government. Mr. Speaker, I am honored to recognize Ted Colonel Hugh Hanlon. As I close, I urge all Clay Phillips began his public service career Oglesby, a man whose ambition was to be a Americans to continue praying for our country with the Town of Addison in 1981 working as ‘‘servant to others.’’ This remarkable man during these difficult times, for our military a firefighter and paramedic. He left the Town loved his country and his community and men and women who protect us from external of Addison after obtaining the rank of Deputy served them both diligently. threats, and for our first responders who pro- Fire Chief to assume the position of Fire Chief f tect us here at home. for the City of Coppell. Since 1991, Clay has f served as the Fire Chief, Assistant City Man- HONORING COLONEL HUGH ager, and Deputy City Manager and in 2008, HONORING RILEY RICE HANLON Clay was promoted to the role of City Man- ager. HON. BILL FLORES HON. BENNIE G. THOMPSON Clay attended the University of North Texas OF MISSISSIPPI OF TEXAS where he received his Bachelor of Science IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES with Honors in Emergency Administration and Tuesday, March 28, 2017 Planning along with a Master of Public Admin- Tuesday, March 28, 2017 Mr. THOMPSON of Mississippi. Mr. Speak- istration (MPA) degree. In 2011, Clay was Mr. FLORES. Mr. Speaker, I rise today to er, I rise today to honor a remarkable public named the 2011 MPA Alumnus of the Year. honor Colonel Hugh Hanlon, who is retiring servant, Mr. Riley Rice. Clay has served as president of the North after 30 years of service to our county in the Mr. Rice has extensive experience in the Central Texas City Managers’ Association and United States Air Force. field of education and municipal government. he serves on the Board of Directors of the Colonel Hanlon graduated from the United Mr. Rice was born on August 8, 1943, the North Texas Commission. States Air Force Academy in 1987, and fifth child of the late Robert Rice, a World War During his career as City Manager in earned a Masters of Business Administration I Veteran and sharecropper, and Katie Rice, a Coppell, Clay has promoted regionalism from Wayland Baptist University in 1998. He housewife. amongst area cities and helped bring about a served for 30 years as a commissioned officer Mr. Rice is a resident of Indianola, Mis- number of cooperative efforts, including the in the United States Air Force, where he sissippi, and was educated in the former North Texas Emergency Communications

VerDate Sep 11 2014 04:31 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A28MR8.009 E28MRPT1 lotter on DSK5VPTVN1PROD with REMARKS E402 CONGRESSIONAL RECORD — Extensions of Remarks March 28, 2017 Center. Working with city staff, community, dation. She is a member of the President’s states and territories, to grant clemency to of- and the city council, he led many projects over Advisory Council of Keystone College, Living fenders prosecuted under its local laws. the years that resulted in major improvements Independently for Elders (LIFE), the Greater While District law appears to give the mayor to the city’s parks, facilities, and infrastructure. Scranton Chamber of Commerce, and the authority to grant clemency (D.C. Code 1– One of Clay’s favorite projects was the rede- Steering Committee for Women in Philan- 301.76), it is currently the opinion of the De- velopment of Old Town Coppell, which has thropy. partment of Justice (DOJ) that the president, blossomed into a unique, mixed-use area, It is an honor to recognize Natalie for all and not the mayor, has the authority to issue which embraces the city’s history along with that she has done while leading the Lacka- clemency for most local offenses prosecuted bringing together businesses and residents. wanna Heritage Valley Authority. I wish her under D.C. law, particularly felonies pros- Clay is a lifetime resident of Coppell. In the best in retirement. ecuted by the U.S. Attorney in the D.C. Supe- 1978, he graduated from Coppell High School f rior Court. Under current practice, clemency where he received Valedictorian honors. Most petitions for D.C. convictions, like federal con- recently, Clay was recognized as the Class of TAR SANDS TAX LOOPHOLE victions, are submitted to the DOJ for the 2004 Distinguished Alumni. Clay has served ELIMINATION ACT president’s consideration. on numerous professional and philanthropic Whether or not the DOJ’s view is correct, organizations throughout North Texas and HON. EARL BLUMENAUER my bill would remove all doubt that the Dis- Coppell including the first Board of Directors of OF OREGON trict, and not the president, has the authority to issue executive clemency for local offenses. the Coppell ISD Education Foundation and IN THE HOUSE OF REPRESENTATIVES The District, like states and territories, should Coppell ISD Strategic Planning Initiative. Clay Tuesday, March 28, 2017 is an active member of his church where he have full control of its local criminal justice serves as elder and in the music ministry. Mr. BLUMENAUER. Mr. Speaker, today, I system, the most basic responsibility of local Clay and his wife, Terry, are proud parents to am reintroducing the Tar Sands Tax Loophole government. Since the D.C. Council has the two children and one grandson. Elimination Act. This bill will ensure that oil authority to enact local laws, District officials Mr. Speaker, I ask my distinguished col- companies can no longer sidestep paying their are in the best position to grant clemency for leagues to join me in wishing Clay Phillips fair share into the dedicated trust fund created local law convictions. My bill would provide all many years of continued success and con- so that, in the event of an oil spill, there are clemency authority not currently reserved to gratulations as we celebrate his service to the resources immediately available for cleanup. the Mayor under D.C. Code 1–301.76 to the City of Coppell. The Oil Spill Liability Trust Fund, authorized District government and would give D.C. the discretion to establish its own clemency sys- f in 1990, ensures we have funding available to pay for the immediate costs of cleaning up oil tem. IN RECOGNITION OF NATALIE spills. It is funded by an eight cents per barrel This bill is an important step in establishing GELB, EXECUTIVE DIRECTOR OF excise tax on crude oil and petroleum prod- further autonomy for the District in its own THE LACKAWANNA HERITAGE ucts. In 2011, however, the Internal Revenue local affairs. I urge my colleagues to support VALLEY AUTHORITY Service (IRS) issued a misguided decision this measure. stating that oil derived from tar sands is not f HON. MATT CARTWRIGHT considered crude oil and is therefore currently HONORING EDDIE J. FAIR, JR. OF PENNSYLVANIA exempt from the tax that pays into the Fund. IN THE HOUSE OF REPRESENTATIVES Oil that comes from tar sands is a thick, HON. BENNIE G. THOMPSON sticky form of crude oil that can be more dif- Tuesday, March 28, 2017 OF MISSISSIPPI ficult and costly to clean up than other types IN THE HOUSE OF REPRESENTATIVES Mr. CARTWRIGHT. Mr. Speaker, I rise of crude. In 2010, for example, a pipeline today to honor Natalie Gelb, Executive Direc- owned and operated by a Canadian company, Tuesday, March 28, 2017 tor of the Lackawanna Heritage Valley Author- Enbridge, spilled more than 850,000 gallons of Mr. THOMPSON of Mississippi. Mr. Speak- ity. The Lackawanna Heritage Valley Authority tar sands oil into a waterway that flows into er, I rise today to honor a remarkable public works to preserve, conserve, and educate the the Kalamazoo River in Michigan. That has servant, Mr. Eddie J. Fair, Jr. who is a product public about the historical, cultural, economic, been one of the largest and costliest pipeline of Ruleville, MS. and natural resources of Lackawanna County. spills in American history, with the price tag At an early age Mr. Eddie J. Fair, Jr. On March 30, Natalie will officially retire from now at $1.2 billion dollars. learned the importance of education, while at- her ED position after twelve years of out- While I do not support the development of tending and graduating from Ruleville Central standing service. tar sands—doing so is environmentally de- High School. He also learned the meaning of A native of Scranton, Pennsylvania, Natalie structive and carbon-intensive, we should not hard work, as he was the son of a share- attended Scranton Central High School and keep in place a loophole that lets big oil com- cropper, who worked for $3.00 a day. With then the University of Maryland, where she panies off the hook for cleaning up their tar those principles embedded in his soul, Mr. graduated magna cum laude with degrees in sands spills. The Tar Sands Tax Loophole Fair went on to become a proud graduate of English and history. Natalie joined the Lacka- Elimination Act would add oil derived from tar Jackson State University. He obtained a Bach- wanna Heritage Valley Authority in 2004. sands and oil shale to the definition of crude elor of Science degree in Criminal Justice and As Executive Director of the Authority, Nat- oil, closing the current loophole and ensuring a Master’s degree in Public Policy and Admin- alie rehabilitated the Lackawanna River Herit- that oil companies pay into the fund. Oil com- istration. He quickly learned that public service age Trail and worked to foster closer relation- panies already get billions of dollars in tax- was his niche during the five years he spent ships with other area organizations and institu- payer-based subsidies, and this bill will ensure working in the office of Student Affairs of his tions. The Lackawanna River Heritage Trail is they will not be given an additional free ride alma mater. Mr. Fair then went on to work part of a unique, seventy-mile, multi-purpose on tar sands and any future oil shale develop- some 20 plus years in the automobile busi- trail system. The trail begins at the confluence ment. ness, which he mastered in and out. From of the Lackawanna and Susquehanna Rivers f selling cars to becoming a finance manager in Pittston and continues north where it con- then the promotion to finance director, he nects with the Delaware & Hudson Rail Trail. THE INTRODUCTION OF THE DIS- knew he wanted to be a helping hand to his When Natalie began her work in 2004, the trail TRICT OF COLUMBIA HOME RULE community. In 2003, Mr. Eddie Fair was the system was underdeveloped. But under her CLEMENCY ACT first elected African American Tax Collector in leadership, it was transformed into a highly uti- Hinds County (the largest county in the state lized attraction in Lackawanna County, now HON. ELEANOR HOLMES NORTON of Mississippi). He is currently serving in his drawing over 300,000 visits a year. OF THE DISTRICT OF COLUMBIA third term and looks forward to many more In addition to serving as Heritage Valley IN THE HOUSE OF REPRESENTATIVES years of serving the citizens of Hinds County. Authority’s Executive Director, Natalie has This small-town country boy believes that ‘‘No compiled an impressive personal record of Tuesday, March 28, 2017 dreamer is ever too small and no dream is service to others and her community. She cur- Ms. NORTON. Mr. Speaker, today, I intro- ever too big!’’ This is the very reason that he rently serves on the boards of the Jewish duce the District of Columbia Home Rule continues his efforts to remain involved with Family Service, the Alliance of National Herit- Clemency Act, a bill that would give the Dis- community issues and educates the public age Areas, and the NEPA Health Care Foun- trict of Columbia exclusive authority, like the with frequent informational sessions.

VerDate Sep 11 2014 04:31 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A28MR8.013 E28MRPT1 lotter on DSK5VPTVN1PROD with REMARKS March 28, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E403 As an active member in the community Mr. TRIBUTE TO WILL SMITH ROSENBERG FIRE CHIEF RETIRES Eddie J. Fair stays involved with many organi- zations that included but are not limited to: HON. HAROLD ROGERS HON. PETE OLSON OF TEXAS 1. Member of Omega Psi Phi Fraternity, Inc. OF KENTUCKY IN THE HOUSE OF REPRESENTATIVES 2. Member of the Sollie B. Norwood Lodge IN THE HOUSE OF REPRESENTATIVES Number 699. Tuesday, March 28, 2017 Tuesday, March 28, 2017 3. Life Member NAACP. Mr. OLSON. Mr. Speaker, I rise today to 4. Member of Leadership of Jackson 2005– Mr. ROGERS of Kentucky. Mr. Speaker, it is recognize Wade Goates of Houston, TX, and current. with the deepest gratitude that I rise on this thank him for his leadership at the Rosenberg 5. Member of the Jackson Rotary Club. bittersweet occasion to recognize Will Smith, Volunteer Fire Department. 6. Member of the National & Mississippi Tax who is leaving Capitol Hill after more than two Wade joined the Rosenberg Volunteer Fire Collector/Assessor Association. decades of distinguished service. Department in 1992 and began working as a 7. Former President of the Jackson Pan Will has been my right hand in the halls of full-time firefighter in 1995. His commitment to Hellenic Council. Congress for nearly two decades, and I can- public service led Wade to several promotions 8. Former Basileus, Omega Psi Phi, Inc., not imagine a more thoughtful advisor, a more throughout his time with the fire department, Beta Alpha Chapter. capable strategist, or a more loyal friend. A from fire fighter to fire marshal and then fire native of Beattyville, Kentucky, Will began his chief in 2012. Wade received the Firefighter of Mr. Speaker, I ask my colleagues to join me career on Capitol Hill in 1994, working for the Year award in 2001 and the American Le- in recognizing Mr. Eddie J. Fair, Jr. for his now-Majority Leader MITCH MCCONNELL. In gion’s Firefighter of the Year award in 2002. In dedication to serving others. 1998, he brought his talents to my personal 2008, the City of Rosenberg awarded Wade office, where he eventually became Chief of the Willie D. McQueen Award for his service f Staff in 2002. to residents and coworkers. Wade retired from PERSONAL EXPLANATION Over his 12 years in my personal office, the the Rosenberg Volunteer Fire Department on people of Kentucky could not have asked for February 24th and plans to join the Fulshear- a better advocate or a more capable public Simonton Fire Department. Both communities HON. LOUISE McINTOSH SLAUGHTER servant. Will’s upbringing in his small eastern are lucky to have his dedication and commit- OF NEW YORK Kentucky hometown and his Appalachian ment to service. IN THE HOUSE OF REPRESENTATIVES roots have always been reflected in his work, On behalf of the Twenty-Second Congres- and his legacy will be felt throughout the re- sional District of Texas, I would like to thank Tuesday, March 28, 2017 gion for decades to come. He has cham- Wade Goates for his 25 years of service with Ms. SLAUGHTER. Mr. Speaker, I was un- pioned numerous projects that benefitted the Rosenberg. We wish him good luck with the avoidably detained and missed Roll Call vote people of Kentucky’s Fifth Congressional Dis- Fulshear-Simonton Fire Department and thank Nos. 195 and 196. Had I been present, I trict from flood protection, to water and sewer him for his continued dedication to keeping would have voted aye on both. expansion, to transportation improvements, TX–22 safe. and the like. He was instrumental in standing f f up Eastern Kentucky PRIDE, an organization HONORING LITTLE ZION M.B. focused on environmental clean-up, as well as CHURCH CONGRESSIONAL TEACHERS our nation’s pre-eminent regional anti-drug or- AWARD ganization, Operation UNITE, that has become HON. BENNIE G. THOMPSON a model for nationwide replication. And hold- OF MISSISSIPPI HON. VERN BUCHANAN ing true to Kentucky tradition, Will has always IN THE HOUSE OF REPRESENTATIVES OF FLORIDA loyally cheered on the UK Wildcats from the Nation’s capital. He has never forgotten where Tuesday, March 28, 2017 IN THE HOUSE OF REPRESENTATIVES he came from or the people he came to serve. Mr. THOMPSON of Mississippi. Mr. Speak- Tuesday, March 28, 2017 This remained true when I assumed the er, I rise today to honor a remarkable histor- ical church, Little Zion Missionary Baptist of Mr. BUCHANAN. Mr. Speaker, I rise today Chairmanship of the House Committee on Ap- Money, Mississippi and the great leadership it in recognition of outstanding public school propriations in 2011. Will stayed by my side— first as Deputy Staff Director for the Com- is under. teachers in Florida’s 16th Congressional Dis- The Little Zion M.B. Church in Money, Mis- trict. mittee and then in 2013, was promoted to Clerk and Staff Director. During his tenure, he sissippi was built in 1871 by field-hand labor- I was once told that children are 25 percent helped shepherd 70 bills to passage—bills that ers. Mrs. Bloodsol gave the people of Wade, of the population, but they are 100 percent of saved the American taxpayers more than Whittington and the Bloodsol Plantations the the future. $126 billion. property. It sits in the center of these planta- And it’s true. The education of a child is an His steady demeanor and strong leadership tions. investment, not only in that student, but in the The bible states that ‘‘Upon this rock, I will have been an asset to the Committee—par- future of our country. build my church and the gates of hell shall not ticularly during some of the most trying times prevail against it’’. Taking this verse into con- Therefore, I established the Congressional of the past six years. Even in the face of shut- sideration the church’s name became Little Teacher Awards to honor educators for their downs, Will led with tact, professionalism, and Zion. The name is significant because the He- ability to teach and inspire students. thoughtfulness, working tirelessly to find a so- brew meaning of Zion is Jerusalem and Little An independent panel has chosen the fol- lution and get the job done. He is truly be- lowing teachers from Manatee, Sarasota, and Zion is the little Jerusalem. loved by his colleagues and those congres- After the construction of the church, Mrs. Hillsborough Counties to receive Florida’s 16th sional staff who have been fortunate enough District 2017 Congressional Teacher Award for Bloodsol gave her yard-boy a letter to deliver to call him their boss and mentor. to the preacher of the church explaining to the their accomplishments as educators: As we all know, these congressional staff Danielle Murphy for her accomplishments as church members what the letter deed meant. work long hours, and often sacrifice weekends She told the yard-boy to tell the members that a teacher at Boyette Springs Elementary in and holidays in order to keep this esteemed if they did not understand the letter deed, she Riverview. institution running smoothly. This inevitably would send a rider to explain it. Carol Pelletier for her accomplishments as a takes a toll on personal commitments, and we When the church was built, it was facing the teacher at Sarasota Military Academy Prep in also owe a debt of gratitude to Will’s lovely Tallahatchie River which during that time was Sarasota. wife, Kim, and his cherished children, Morgan the main route of travel. In 1929, a fire par- Emilee Vermilion for her accomplishments and Matthew. tially burned the church. When it was repaired, as a teacher at Southeast High School in Bra- Will is not going far away. But his absence it was built facing the road. denton. will nonetheless be felt deeply throughout this The early leaders of the church were: R.L. On behalf of the people of Florida’s 16th institution. Will, on behalf of the Appropriations Reynolds, A.D. Williams, A.D. Burke, H.L. Col- District I congratulate each of these out- Committee and this Congress, I thank you for lins and S.T. Taylor. They were the corner- standing teachers and offer my sincere appre- your service to our country. I wish you all the stones of the church and they were mainly re- ciation for their service and dedication. best in the future. Godspeed. sponsible for the church’s continued existence.

VerDate Sep 11 2014 04:31 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A28MR8.017 E28MRPT1 lotter on DSK5VPTVN1PROD with REMARKS E404 CONGRESSIONAL RECORD — Extensions of Remarks March 28, 2017 Along with the church leaders, many early thank Tim, for his many years of dedicated RECOGNIZING ALICE ELIZABETH deacons and wives were responsible for the and loyal service. GRANT HOGANS welfare of the church. Among them were dea- cons: L.A. Hines, Robert Lathan, C.L. Lofts, f Tom Eskridge, Ed McCall, Percy Paul and Bill HON. RODNEY P. FRELINGHUYSEN Hannal and their wives. HONORING THE DEDICATED SERV- OF NEW JERSEY Little Zion’s present leader is Reverend ICE AND SELFLESS SACRIFICE IN THE HOUSE OF REPRESENTATIVES McAuther McKinnley. Under his leadership the OF SERGEANT FIRST CLASS Tuesday, March 28, 2017 church has blossomed. For 21 years Rev. ROBERT R. BONIFACE McKinnley has been responsible for carrying Mr. FRELINGHUYSEN. Mr. Speaker, I rise on what Rev. Reynolds started 144 years ago. today to recognize and commend Alice Eliza- Today, Little Zion honors those who took HON. MATT GAETZ beth Grant Hogans on the occasion of her re- the leadership roles and passed the torch on tirement, having served for 16 years on the OF FLORIDA to the present leaders. Ten years ago, an his- House Appropriations Committee. In total, she torical marker was placed on the site of the IN THE HOUSE OF REPRESENTATIVES has provided more than 25 years of distin- church. This marker was important because it guished, quiet service to our country. Her was a symbol of the long history and struggle Tuesday, March 28, 2017 dedication to public service and integrity of the delta. Mr. GAETZ. Mr. Speaker, it is with both pro- stands as a model for us all. Little Zion thanks the fore-parents for mak- found sadness and deep gratitude that I rise Alice, a native of Charlotte, North Carolina, ing those days possible through the good and to pay tribute to a fallen decorated American graduated from Duke University with a Bach- bad days it still stands. hero. On March 19, 2017, Sergeant First elor’s degree in Economics. She also earned Mr. Speaker, I ask my colleagues to join me Class Robert R. Boniface of the 7th Special a Master of Philosophy Degree in International in recognizing Lithe Zion Missionary Baptist Forces Group (Airborne), located in Florida’s Finance from the Centre for Development Church for its dedication to serving our great First Congressional District, tragically lost his Studies at the University of Glasgow in Scot- country. life in support of Operation Freedom’s Sen- land. f tinel. SFC Boniface was 34 years old, but Alice began her career in Washington, D.C. HONORING THE SERVICE AND RE- lived a lifetime marked by and full of service. in 1989 as a staff assistant at the Congres- sional Budget Office. From there, she rose to TIREMENT OF MR. TIMOTHY SFC Boniface entered the Army in March BROWN the position of budget analyst in the 2006 as an 18 X-ray. After Infantry Basic Scorekeeping Unit in 1990 before leaving for Training and Advanced Individual Training at graduate school in Scotland in 1993. In 1995, HON. EDDIE BERNICE JOHNSON Fort Benning, Georgia, he attended Airborne she accepted a position with the Senate Com- OF TEXAS School before being assigned to the Special mittee on the Budget under the leadership of IN THE HOUSE OF REPRESENTATIVES Warfare Center and School. SFC Boniface Chairman Pete V. Domenici (R–NM) and staff Tuesday, March 28, 2017 completed the Special Forces Qualification director Bill Hoagland. She was the Analyst for Course, earning his Green Beret in 2010 and International Affairs until beginning her dedi- Ms. EDDIE BERNICE JOHNSON of Texas. was assigned to the 7th Special Forces Group Mr. Speaker, I rise today to recognize a val- cated service to the House Appropriations (Airborne) at Fort Bragg, North Carolina, as a Committee in 2001. Alice began on the For- ued staff member of the Office of Legislative Special Forces Medical Sergeant. Counsel—Mr. Timothy Brown—who is retiring eign Operations Subcommittee as professional this month after 37 years of distinguished Boniface’s military education includes the staff in 2001, and spent time as professional service to the House of Representatives. Special Operations Jumpmaster Course, Sen- staff on the Treasury-Transportation, HUD The Office of Legislative Counsel is an es- ior Leader Course, Combat Diver Qualification Subcommittee, and the Financial Services sential but oftentimes unheralded part of our Course, Special Forces Diving Medical Tech- Subcommittee before ending up back on Congressional support staff. Every bill and nician Course, Special Forces Qualification State, Foreign Operations Subcommittee in amendment we consider in the House of Rep- Course, Special Operations Combat Medic 2011, where she was responsible for over- resentatives is drafted with the aid of the pro- Course, Advanced Leaders Course, Survival, seeing spending for global health programs, fessionals in this office. In the course of my Evasion, Resistance, and Escape Course, including HIV/AIDS, the Millennium Challenge two decades of service on the Science Com- Basic Leaders Course, and the U.S. Army Corporation, the international financial institu- mittee, Tim has aided me and my staff innu- Static Line Airborne Course. tions such as the World Bank and the Inter- national Monetary Fund, and trade promotion merable times in the drafting of legislation and SFC Boniface’s awards and decorations in- amendments. While Tim’s background is that agencies such as the U.S. Export-Import clude two Bronze Star Medals, the Army Com- Bank, and several related agencies. of a lawyer, he has worked with the Science mendation Medal, two Army Good Conduct Committee staff to draft so many NASA, NSF, Alice’s contributions extend beyond her role Medals, National Defense Service Medal, Af- on the Appropriations Committee. For years, and NIST authorizations over the years, that ghanistan Campaign Medal with two Cam- Tim has become, in many respects, a science she was the Treasurer of the Board for the paign Stars, Global War on Terrorism Service non-profit Combined Federal Agencies Child and space policy expert. In his quiet way, Tim Medal, three Noncommissioned Officer Profes- taught the art of applying critical thinking to Development Center, and a volunteer at her sional Development Ribbons, Army Service church and children’s elementary school. legislative drafting, and our bills were the bet- Ribbon, NATO Medal, Special Forces Tab, ter for it. Tim’s expertise and dedication to his As we all know, congressional staff work Combat Infantryman Badge, Special Forces countless hours and through countless holiday craft will be sorely missed on the Science Combat Diver Badge, and Parachutist Badge. Committee. seasons in order to keep this esteemed insti- While we will miss Tim, I hope after nearly Mr. Speaker, there are no words I, this body tution running. This inevitably takes a toll on four decades of service, that Tim will not miss of Congress, or the Nation can say that might personal commitments, and nothing means us too much. I’m sure he is looking forward to assuage the bereavement of the Boniface more to Alice than her supportive and loving spending more time with his wife, Sally, and family. All I can say is on behalf of a humble family, her husband Dan, her children, James his four children, Andrew, Alex, Emily, and and grateful Nation, we thank them for the and Catherine, and of course, her mother and Olivia. Hopefully Tim will have more time to love, counsel, and support given to Robert, sister. pursue his passions like his love of basketball. which helped make him the hero he became Mr. Speaker, while Alice is leaving this insti- Perhaps it’s fitting that Tim is retiring in the both in uniform and as a father. His life stands tution, she will not be forgotten. Her good midst of the NCAA March Madness. as a testament that freedom is not free, and humor, faithful service, and commitment to ex- We often speak of the dedicated staff who his legacy will echo in time as an example of cellence has left a lasting imprint on all of us make this institution such a wonderful place in the ultimate sacrifice for all free people. I pray and on the departments and agencies for which to work. It is the sense of this Con- that God will be with Robert’s wife, Rebekah; which she was responsible. I wish Alice and gresswoman that Tim Brown is just such a his daughter, Mia Elia, and all their family and her family well as she enters this new chapter person. The Science Committee’s Members friends during this time of great mourning, and of her life and ask my colleagues to join me and staff wish him well as he moves on to may God continue to bless the United States in expressing my appreciation for her contribu- new endeavors and a relaxing retirement. I of America. tions to our country.

VerDate Sep 11 2014 04:31 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A28MR8.022 E28MRPT1 lotter on DSK5VPTVN1PROD with REMARKS March 28, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E405 HONORING MS. GERLINE ‘‘PANKY Supervisors. Ms. Muhammad is the executive the Brooksville community. She works with GARVIN’’ MUHAMMAD director of the Tallahatchie County Citizens of young entrepreneurs in the community to help Change. The organization is established to improve the future presence of African Amer- HON. BENNIE G. THOMPSON stimulate and motivate change in thinking and ican business in Black communities. OF MISSISSIPPI behavior within African Americans in commu- Ms. Muhammad is a former member of the nities of Tallahatchie County. Their work is IN THE HOUSE OF REPRESENTATIVES Jerusalem M.B. Church in Paynes, MS where carried out through an intergenerational model she was the church secretary, Jr. Sunday Tuesday, March 28, 2017 approach that works on improving political School teacher, chairman of vocational bible Mr. THOMPSON of Mississippi. Mr. Speak- awareness, community organizing, assisting school and church programs committee, and er, I rise to recognize Black historical figures veterans, legal redress, civic participation and treasurer for the choir. In 1992, Ms. Muham- in the Second Congressional District of Mis- more. Ms. Muhammad is also a member of sissippi. So today, I give honor to Ms. Gerline the Tallahatchie County Branch of the NAACP mad joined the Nation of Islam under the local ‘‘Panky Garvin’’ Muhammad of the Blue Cane where she served as the first vice-president, leadership of Minister James Muhammad and Community outside of Charleston, Mississippi chairman of the education committee, and national leader, the most honorable Minister located in Tallahatchie County, Mississippi. now as the chairman of the membership com- Louis Farrakhan. She served as the LT Cap- Ms. Muhammad was born November 9, mittee. tain of the Meetings, and received LT Captain 1953. She is the mother of six children, 13 Ms. Muhammad has been involved in many of the year at mosque Number 78 Tupelo, MS. grandchildren and one great-grandchild. She long-term community commitments in the Now she is the Chairman of 10,000 Fearless, attended Allen Carver High School in Charles- county. She teaches at the summer tutoring which is a justice movement in Tallahatchie ton and is a graduate of Amhurst Career Cen- program, hosts back to school rallies, orga- County. As you can see Ms. Muhammad has ter, where she was honored with many awards nizes door to door community events, and been active in and around Tallahatchie County and recognitions. helps veterans pursue their veteran benefits. working fearlessly and consistently for 46 Ms. Muhammad is a well-known champion She started the P16 Council for the East years to foster change and equality. of equal and civil rights. She was a member Tallahatchie School District and is a member Mr. Speaker, I ask my colleagues to join me of the Tallahatchie County Redistricting Com- of the Dropout Prevention Committee for the in honoring Ms. Gerline ‘‘Panky Garvin’’ Mu- mittee allowing for the first African American to school district. To encourage reading among hammad of the Mississippi Second Congres- be elected to the Tallahatchie County Board of African Americans, she started a book club in sional District.

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HIGHLIGHTS Senate agreed to the resolution of Advice and Consent to Ratification to Protocol to the North Atlantic Treaty of 1949 on the Accession of Montenegro. Senate agreed to the resolution of Advice and Consent to Chamber Action Ratification to Treaty Doc. 114–12, Protocol to the Routine Proceedings, pages S2017–S2054 North Atlantic Treaty of 1949 on the Accession of Measures Introduced: Sixteen bills and one resolu- Montenegro, after having passed through its various tion were introduced, as follows: S. 739–754, and S. parliamentary stages, up to and including the pres- Res. 101. Page S2047 entation of the resolution of ratification, and taking action on the following amendments proposed there- Measures Reported: to: Pages S2019–32, S2032–39 Special Report entitled ‘‘Activities of the Com- Withdrawn: mittee on Homeland Security and Governmental Af- McConnell Amendment No. 193, to change the fairs During the 114th Congress.’’. (S. Rept. No. enactment date. Pages S2019, S2038 115–12) Page S2047 McConnell Amendment No. 194 (to Amendment Measures Passed: No. 193), of a perfecting nature. Pages S2019, S2038 National Rehabilitation Counselors Apprecia- Messages from the House: Page S2046 tion Day: Committee on the Judiciary was dis- charged from further consideration of S. Res. 95, Measures Referred: Page S2047 designating March 22, 2017, as ‘‘National Rehabili- Additional Cosponsors: Pages S2047–49 tation Counselors Appreciation Day’’, and the resolu- Statements on Introduced Bills/Resolutions: tion was then agreed to. Page S2051 Pages S2049–51 Joint Committee on Printing and the Joint Authorities for Committees to Meet: Page S2051 Committee of Congress on the Library: Senate agreed to S. Res. 101, providing for members on the Record Votes: One record vote was taken today. part of the Senate of the Joint Committee on Print- (Total—98) Page S2038 ing and the Joint Committee of Congress on the Li- Adjournment: Senate convened at 10 a.m. and ad- brary. Page S2051 journed at 6:12 p.m., until 10 a.m. on Wednesday, Appointments: March 29, 2017. (For Senate’s program, see the re- marks of the Majority Leader in today’s Record on Advisory Committee on the Records of Congress: pages S2051–52.) The Chair announced, on behalf of the Secretary of the Senate, pursuant to Public Law 101–509, the re- appointment of the following individual to serve as Committee Meetings a member of the Advisory Committee on the Records of Congress: Sheryl B. Vogt, of Georgia. (Committees not listed did not meet) Page S2051 DEPARTMENT OF DEFENSE Treaty Approved: Committee on Armed Services: Committee received a Protocol to the North Atlantic Treaty of 1949 on closed briefing on Department of Defense worldwide the Accession of Montenegro: By 97 yeas to 2 policy and strategy and the Fiscal Year 2017 Defense nays (Vote No. 98), two-thirds of the Senators Supplemental Budget Request from James N. present having voted in the affirmative, Senate Mattis, Secretary, and General Joseph F. Dunford, D350

VerDate Sep 11 2014 04:24 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D28MR7.REC D28MRPT1 lotter on DSK5VPTVN1PROD with DIGEST March 28, 2017 CONGRESSIONAL RECORD — DAILY DIGEST D351 Jr., USMC, Chairman, Joint Chiefs of Staff, both of Federal Water Pollution Control Act to provide for the Department of Defense. technical assistance for small treatment works, S. FOSTERING ECONOMIC GROWTH 692, to provide for integrated plan permits, to estab- lish an Office of the Municipal Ombudsman, to pro- Committee on Banking, Housing, and Urban Affairs: mote green infrastructure, and to require the revision Committee concluded a hearing to examine fostering of financial capability guidance, and S. 675, to economic growth, focusing on the role of financial amend and reauthorize certain provisions relating to companies, after receiving testimony from Robert Long Island Sound restoration and stewardship, after Heller, former Governor, Board of Governors of the receiving testimony from Mayor J. Richard Gray, Federal Reserve System, Belvedere, California; Don- Lancaster, Pennsylvania, on behalf of the United ald Powell, former Chairman, Federal Deposit Insur- States Conference of Mayors; Erin M. Crotty, Audu- ance Corporation, Amarillo, Texas; William E. bon New York, Troy, on behalf of National Audu- Spriggs, AFL–CIO, Great Falls, Virginia; Deyanira bon Society; and Dennis Sternberg, Arkansas Rural Del Rio, New Economy Project, New York, New Water Association, Lonoke, on behalf of the Na- York; and Thomas C. Deas, Jr., National Association tional Rural Water Association. of Corporate Treasurers, Haverford, Pennsylvania. U.S. POLICY ON IRAN MINERALS Committee on Foreign Relations: Committee concluded Committee on Energy and Natural Resources: Committee a hearing to examine the view from Congress, focus- concluded a hearing to examine the United States’ ing on United States policy on Iran, after receiving increasing dependence on foreign sources of minerals testimony from Michael Singh, The Washington In- and opportunities to rebuild and improve the supply stitute for Near East Policy, and Martin Indyk, The chain in the United States, after receiving testimony Brookings Institution, both of Washington, D.C. from Murray Hitzman, Associate Director, Energy and Minerals, Geological Survey, Department of the PROTECTING YOUNG ATHLETES Interior; Alf Barrios, Rio Tinto Aluminum, Mon- Committee on the Judiciary: Committee concluded a treal, Canada; Chris Hinde, S&P Global Market In- hearing to examine protecting young athletes from telligence, London, United Kingdom; Randy sexual abuse, including S. 534, to prevent the sexual MacGillivray, Ucore Rare Metals, Inc., Vernon, Can- abuse of minors and amateur athletes by requiring ada; Kevin J. Cosgriff, National Electrical Manufac- the prompt reporting of sexual abuse to law enforce- turers Association, Arlington, Virginia; and Roderick ment authorities, after receiving testimony from G. Eggert, Colorado School of Mines, Golden. Rick Adams, United States Olympic Committee, CYBERSECURITY THREATS Colorado Springs, Colorado; Eric L. Olsen, Stafford County Commonwealth’s Attorney, Stafford, Vir- Committee on Energy and Natural Resources: Sub- ginia; Jamie Dantzscher, San Dimas, California; Jes- committee on Energy concluded a hearing to exam- sica Howard, Jacksonville, Florida; and Dominique ine the cybersecurity threats to the United States Moceanu, Cleveland, Ohio. electric grid and technology advancements to mini- mize such threats, including S. 79, to provide for the INTELLIGENCE establishment of a pilot program to identify security Select Committee on Intelligence: Committee met in vulnerabilities of certain entities in the energy sector, closed session to receive a briefing on certain intel- after receiving testimony from Michael A. Bardee, ligence matters from officials of the intelligence Director, Office of Electric Reliability, Federal En- community. ergy Regulatory Commission; Thomas Zacharia, Deputy Director for Science and Technology, Oak INTELLIGENCE Ridge National Laboratory, Department of Energy; Select Committee on Intelligence: Committee held closed John Di Stasio, Large Public Power Council, Wash- hearings on intelligence matters, receiving testimony ington, D.C.; and Benjamin G. S. Fowke III, Xcel from officials of the intelligence community. Energy Inc., Minneapolis, Minnesota. Committee recessed subject to the call. WATER INFRASTRUCTURE LEGISLATION BUSINESS MEETING Committee on Environment and Public Works: Sub- Select Committee on Intelligence: Committee ordered fa- committee on Fisheries, Water, and Wildlife con- vorably reported its Biennial Report for the 114th cluded a hearing to examine S. 518, to amend the Congress.

VerDate Sep 11 2014 04:24 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D28MR7.REC D28MRPT1 lotter on DSK5VPTVN1PROD with DIGEST D352 CONGRESSIONAL RECORD — DAILY DIGEST March 28, 2017 House of Representatives communications Services’’: The House passed S.J. Chamber Action Res. 34, providing for congressional disapproval Public Bills and Resolutions Introduced: 24 pub- under chapter 8 of title 5, United States Code, of lic bills, H.R. 1746–1769; and 1 resolution, H.J. the rule submitted by the Federal Communications Res. 92, were introduced. Pages H2515–16 Commission relating to ‘‘Protecting the Privacy of Additional Cosponsors: Pages H2517–18 Customers of Broadband and Other Telecommuni- Report Filed: A report was filed today as follows: cations Services’’, by a yea-and-nay vote of 215 yeas H. Res. 233, providing for consideration of the to 205 nays, Roll No. 202. bill (H.R. 1431) to amend the Environmental Re- Pages H2489–H2501, H2503–04 search, Development, and Demonstration Authoriza- H. Res. 230, the rule providing for consideration tion Act of 1978 to provide for Scientific Advisory of the joint resolution (S.J. Res. 34) was agreed to Board member qualifications, public participation, by a recorded vote of 231 ayes to 189 noes, Roll No. and for other purposes (H. Rept. 115–64). 200, after the previous question was ordered by a Page H2504 yea-and-nay vote of 232 yeas to 184 nays, Roll No. 199. Pages H2478–86, H2487–88 Speaker: Read a letter from the Speaker wherein he appointed Representative Woodall to act as Speaker Investigative Subcommittee of the Committee on pro tempore for today. Page H2467 Ethics—Appointment: Read a letter from Rep- Recess: The House recessed at 10:12 a.m. and re- resentative Pelosi, Minority Leader, in which she ap- pointed the following Members to be available to convened at 12 noon. Page H2468 serve on investigative subcommittees of the Com- Guest Chaplain: The prayer was offered by the mittee on Ethics for the 115th Congress: Representa- Guest Chaplain, Rabbi Sanford Akselrad, Congrega- tives Bonamici, Higgins, Jeffries, Keating, tion Ner Tamid, Henderson, NV. Page H2468 Krishnamoorthi, Perlmutter, Raskin, Sewell (AL), Recess: The House recessed at 2:01 p.m. and recon- Soto, and Titus. Page H2504 vened at 3 p.m. Page H2486 Senate Referrals: S.J. Res. 30 was referred to the Honest and Open New EPA Science Treatment Committee on House Administration. S.J. Res. 35 Act of 2017—Rule for Consideration: The House was referred to the Committee on House Adminis- agreed to H. Res. 229, providing for consideration tration. S.J. Res. 36 was referred to the Committee of the bill (H.R. 1430) to prohibit the Environ- on House Administration. Page H2514 mental Protection Agency from proposing, final- Senate Message: Message received from the Senate izing, or disseminating regulations or assessments by the Clerk and subsequently presented to the based upon science that is not transparent or repro- ducible, by a recorded vote of 231 ayes to 185 noes, House today appears on page H2471. Roll No. 198, after the previous question was or- Quorum Calls—Votes: Four yea-and-nay votes and dered by a yea-and-nay vote of 231 yeas to 189 nays, two recorded votes developed during the proceedings Roll No. 197. Pages H2471–78, H2486–87 of today and appear on pages H2486–87, H2487, Question of Privilege: Representative Lofgren rose H2488, H2488–89, H2502–03, and H2503–04. to a question of the privileges of the House and sub- There were no quorum calls. mitted a resolution. The Chair ruled that the resolu- Adjournment: The House met at 10 a.m. and ad- tion did not present a question of the privileges of journed at 7:47 p.m. the House. Subsequently, Representative Lofgren ap- pealed the ruling of the chair and Representative Flores moved to table the appeal. Agreed to the mo- Committee Meetings tion to table the appeal of the ruling of the Chair by a yea-and-nay vote of 228 yeas to 190 nays with THE NEXT FARM BILL: COMMODITY 2 answering ‘‘present’’, Roll No. 201. Pages H2501–03 POLICY PART I Providing for congressional disapproval under Committee on Agriculture: Subcommittee on General chapter 8 of title 5, United States Code, of the Farm Commodities and Risk Management held a rule submitted by the Federal Communications hearing entitled ‘‘The Next Farm Bill: Commodity Commission relating to ‘‘Protecting the Privacy Policy Part I’’. Testimony was heard from public of Customers of Broadband and Other Tele- witnesses.

VerDate Sep 11 2014 04:24 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D28MR7.REC D28MRPT1 lotter on DSK5VPTVN1PROD with DIGEST March 28, 2017 CONGRESSIONAL RECORD — DAILY DIGEST D353 THE NEXT FARM BILL: THE FUTURE OF eral, Corporation for National and Community Serv- SNAP ice; and a public witness. Committee on Agriculture: Subcommittee on Nutrition SELF-DRIVING CARS: LEVELS OF held a hearing entitled ‘‘The Next Farm Bill: The AUTOMATION Future of SNAP’’. Testimony was heard from public Committee on Energy and Commerce: Subcommittee on witnesses. Digital Commerce and Consumer Protection held a APPROPRIATIONS—CORPORATION FOR hearing entitled ‘‘Self-Driving Cars: Levels of Auto- PUBLIC BROADCASTING mation’’. Testimony was heard from public wit- Committee on Appropriations: Subcommittee on Labor, nesses. Health and Human Services, Education, and Related EXAMINING FDA’S MEDICAL DEVICE USER Agencies held a budget hearing on the Corporation FEE PROGRAM for Public Broadcasting. Testimony was heard from Committee on Energy and Commerce: Subcommittee on a public witness. Health held a hearing entitled ‘‘Examining FDA’s U.S. CENTRAL COMMAND Medical Device User Fee Program’’. Testimony was Committee on Appropriations: Subcommittee on Defense heard from Jeffrey Shuren, Director, Center for De- held a closed hearing on U.S. Central Command. vices and Radiological Health, Food and Drug Ad- Testimony was heard from General Joseph L. Votel, ministration; and public witnesses. U.S. Army. THE ARBITRARY AND INCONSISTENT MILITARY ASSESSMENT OF RUSSIAN NON-BANK SIFI DESIGNATION PROCESS ACTIVITIES AND SECURITY CHALLENGES Committee on Financial Services: Subcommittee on IN EUROPE Oversight and Investigations held a hearing entitled Committee on Armed Services: Full Committee held a ‘‘The Arbitrary and Inconsistent Non-Bank SIFI hearing entitled ‘‘Military Assessment of Russian Ac- Designation Process’’. Testimony was heard from tivities and Security Challenges in Europe’’. Testi- public witnesses. mony was heard from General Curtis M. Scaparrotti, THE STATE OF BANK LENDING IN Commander, United States European Command. AMERICA NAVAL STRIKE FIGHTERS—ISSUES AND Committee on Financial Services: Subcommittee on Fi- CONCERNS nancial Institutions and Consumer Credit held a Committee on Armed Services: Subcommittee on Tac- hearing entitled ‘‘The State of Bank Lending in tical Air and Land Forces held a hearing entitled America’’. Testimony was heard from public wit- ‘‘Naval Strike Fighters—Issues and Concerns’’. Testi- nesses. mony was heard from Lieutenant General Jon M. THE BUDGET, DIPLOMACY, AND Davis, Deputy Commandant for Aviation, U.S. Ma- DEVELOPMENT rine Corps; Rear Admiral Upper Half Dewolfe Committee on Foreign Affairs: Full Committee held a ‘‘Chip’’ Miller III, Director of the Air Warfare Divi- hearing entitled ‘‘The Budget, Diplomacy, and De- sion, U.S. Navy; and Rear Admiral Upper Half Mi- velopment’’. Testimony was heard from public wit- chael T. Moran, Program Executive Officer Tactical nesses. Aircraft, U.S. Navy. VENEZUELA’S TRAGIC MELTDOWN EXAMINING THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE Committee on Foreign Affairs: Subcommittee on the AND ITS FAILED OVERSIGHT OF Western Hemisphere held a hearing entitled ‘‘Ven- TAXPAYER DOLLARS ezuela’s Tragic Meltdown’’. Testimony was heard from public witnesses. Committee on Education and the Workforce: Sub- committee on Higher Education and Workforce De- EAST AFRICA’S QUIET FAMINE velopment held a hearing entitled ‘‘Examining the Committee on Foreign Affairs: Subcommittee on Africa, Corporation for National and Community Service Global Health, Global Human Rights, and Inter- and Its Failed Oversight of Taxpayer Dollars’’. Testi- national Organizations held a hearing entitled ‘‘East mony was heard from Allison Bawden, Acting Direc- Africa’s Quiet Famine’’. Testimony was heard from tor of Education, Workforce, and Income Security, Matthew Nims, Acting Director, Office of Food for Government Accountability Office; Lori Giblin, Peace, Bureau for Democracy, Conflict and Humani- Chief Risk Officer, Corporation for National and tarian Assistance, U.S. Agency for International De- Community Service; Deborah Jeffrey, Inspector Gen- velopment; and public witnesses.

VerDate Sep 11 2014 04:24 Mar 29, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D28MR7.REC D28MRPT1 lotter on DSK5VPTVN1PROD with DIGEST D354 CONGRESSIONAL RECORD — DAILY DIGEST March 28, 2017 THE CURRENT STATE OF DHS’ EFFORTS TO ‘‘400 Years of African-American History Commis- SECURE FEDERAL NETWORKS sion Act’’; and H.R. 1694, the ‘‘Fannie and Freddie Committee on Homeland Security: Subcommittee on Cy- Open Records Act of 2017’’. H.R. 24, H.R. 1552, bersecurity and Infrastructure Protection held a hear- and H.R. 1242 were ordered reported, without ing entitled ‘‘The Current State of DHS’ Efforts to amendment. H.R. 1694 was ordered reported, as Secure Federal Networks’’. Testimony was heard amended. from Jeanette Manfra, Acting Deputy Undersecretary REVIEWING CHALLENGES IN FEDERAL IT for Cybersecurity, National Protection and Programs ACQUISITION Directorate, Department of Homeland Security; Committee on Oversight and Government Reform: Sub- Gregory C. Wilshusen, Director, Information Secu- committee on Information Technology; and Sub- rity Issues, Government Accountability Office; and committee on Government Operations held a joint Chris A. Jaikaran, Analyst, Cybersecurity Policy, hearing entitled ‘‘Reviewing Challenges in Federal Congressional Research Service, Library of Congress. IT Acquisition’’. Testimony was heard from David MISCELLANEOUS MEASURE; THE A. Powner, Director, IT Management Issues, Gov- SMITHSONIAN INSTITUTION’S PRIORITIES ernment Accountability Office; Deidre Lee, Director, Committee on House Administration: Full committee IT Management Issues, Chair, Section 809 Panel; held a markup on Committee Resolution 115–5, to and public witnesses. approve franked mail allowances for committees in BUILDING A 21ST CENTURY the 115th Congress; and held a hearing entitled INFRASTRUCTURE FOR AMERICA: ‘‘The Smithsonian Institution’s Priorities’’. Com- REVITALIZING AMERICAN COMMUNITIES mittee Resolution 115–5 was agreed to. Testimony THROUGH THE BROWNFIELDS PROGRAM was heard from a public witness. Committee on Transportation and Infrastructure: Sub- RESTORING ENFORCEMENT OF OUR committee on Water Resources and Environment NATION’S IMMIGRATION LAWS held a hearing entitled ‘‘Building a 21st Century In- Committee on the Judiciary: Subcommittee on Immi- frastructure for America: Revitalizing American gration and Border Security held a hearing entitled Communities through the Brownfields Program’’. ‘‘Restoring Enforcement of our Nation’s Immigration Testimony was heard from J. Christian Bollwage, Laws’’. Testimony was heard from Thomas Hodgson, Mayor, Elizabeth, New Jersey; Deborah Robertson, Sheriff, Bristol County, Massachusetts; and public Mayor, City of Rialto, California; Matt Zone, witnesses. Councilmember, Cleveland, Ohio; John Dailey, Commissioner, Leon County, Florida; Amanda W. TO EXAMINE THE STATE OF FORENSIC LeFevre, Outreach and Education Coordinator, Ken- SCIENCE IN THE UNITED STATES tucky Brownfield Redevelopment Program; and a Committee on the Judiciary: Subcommittee on Crime, public witness. Terrorism, Homeland Security, and Investigations EPA SCIENCE ADVISORY BOARD REFORM held a hearing to examine the state of forensic ACT OF 2017 science in the United States. Testimony was heard from Matthew Gamette, Laboratory System Director, Committee on Rules: Full Committee held a hearing on Idaho State Police Forensic Services; and public wit- H.R. 1431, the ‘‘EPA Science Advisory Board Re- nesses. form Act of 2017’’. The committee granted, by record vote of 8–2, a closed rule for H.R. 1431. The ESA CONSULTATION IMPEDIMENTS TO rule provides one hour of debate equally divided and ECONOMIC AND INFRASTRUCTURE controlled by the chair and ranking minority mem- DEVELOPMENT ber of the Committee on Science, Space, and Tech- Committee on Natural Resources: Subcommittee on nology. The rule waives all points of order against Oversight and Investigations held a hearing entitled consideration of the bill. The rule provides that the ‘‘ESA Consultation Impediments to Economic and bill shall be considered as read. The rule waives all Infrastructure Development’’. Testimony was heard points of order against provisions in the bill. The from public witnesses. rule provides one motion to recommit. Testimony MISCELLANEOUS MEASURES was heard from Representatives Lucas and Tonko. Committee on Oversight and Government Reform: Full MISCELLANEOUS MEASURE Committee held a markup on H.R. 24, the ‘‘Federal Committee on Ways and Means: Full Committee held Reserve Transparency Act of 2017’’; H.R. 1552, the a markup on H. Res. 186, of inquiry directing the ‘‘Fair and Open Competition Act’’; H.R. 1242, the Secretary of the Treasury to provide to the House of

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Subcommittee on Airland, to hold hearings to examine Air Force modernization, 3:30 p.m., SR–222. f Committee on Commerce, Science, and Transportation: to NEW PUBLIC LAWS hold hearings to examine closing the skills gap and boosting United States competitiveness, 10 a.m., (For last listing of Public Laws, see DAILY DIGEST, p. D328) SD–G50. H.J. Res. 37, disapproving the rule submitted by Full Committee, to hold hearings to examine the nom- the Department of Defense, the General Services Ad- ination of Jeffrey A. Rosen, of Virginia, to be Deputy ministration, and the National Aeronautics and Secretary of Transportation, 2:30 p.m., SD–G50. Space Administration relating to the Federal Acqui- Committee on Environment and Public Works: to hold hear- sition Regulation. Signed on March 27, 2017. (Pub- ings to examine cleaning up our nation’s Cold War leg- lic Law 115–11) acy sites, 10 a.m., SD–406. H.J. Res. 44, disapproving the rule submitted by Committee on Foreign Relations: Subcommittee on West- the Department of the Interior relating to Bureau of ern Hemisphere, Transnational Crime, Civilian Security, Democracy, Human Rights, and Global Women’s Issues, Land Management regulations that establish the pro- to hold hearings to examine United State-Mexico rela- cedures used to prepare, revise, or amend land use tionship, focusing on advancing security and prosperity plans pursuant to the Federal Land Policy and Man- on both sides of the border, 10:15 a.m., SD–419. agement Act of 1976. Signed on March 27, 2017. Subcommittee on East Asia, the Pacific, and Inter- (Public Law 115–12) national Cybersecurity Policy, to hold hearings to exam- H.J. Res. 57, providing for congressional dis- ine American leadership in the Asia-Pacific, focusing on approval under chapter 8 of title 5, United States security issues, 2:15 p.m., SD–419. Code, of the rule submitted by the Department of Committee on Homeland Security and Governmental Affairs: Education relating to accountability and State plans Subcommittee on Federal Spending Oversight and Emer- under the Elementary and Secondary Education Act gency Management, to hold hearings to examine the ef- of 1965. Signed on March 27, 2017. (Public Law fect of borrowing on Federal spending, 2:30 p.m., 115–13) SD–342. H.J. Res. 58, providing for congressional dis- Committee on Indian Affairs: business meeting to con- approval under chapter 8 of title 5, United States sider S. 304, to amend the Indian Health Care Improve- ment Act to allow the Indian Health Service to cover the Code, of the rule submitted by the Department of cost of a copayment of an Indian or Alaska Native veteran Education relating to teacher preparation issues. receiving medical care or services from the Department of Signed on March 27, 2017. (Public Law 115–14) Veterans Affairs, S. 343, to repeal certain obsolete laws f relating to Indians, S. 381, to repeal the Act entitled ‘‘An Act to confer jurisdiction on the State of Iowa over of- COMMITTEE MEETINGS FOR WEDNESDAY, fenses committed by or against Indians on the Sac and MARCH 29, 2017 Fox Indian Reservation’’, S. 607, to establish a business (Committee meetings are open unless otherwise indicated) incubators program within the Department of the Interior to promote economic development in Indian reservation Senate communities, and S. 669, to authorize the Secretary of Committee on Agriculture, Nutrition, and Forestry: business the Interior to assess sanitation and safety conditions at meeting to consider the nomination of Sonny Perdue, of Bureau of Indian Affairs facilities that were constructed Georgia, to be Secretary of Agriculture, Time to be an- to provide affected Columbia River Treaty tribes access to nounced, Room to be announced. traditional fishing grounds and expend funds on construc- Committee on Appropriations: Subcommittee on Depart- tion of facilities and structures to improve those condi- ment of Defense, to hold hearings to examine a review tions; to be immediately followed by an oversight hearing of the defense health program and military medicine to examine native youth, focusing on promoting diabetes funding, 10:30 a.m., SD–192. prevention through healthy living, 2:30 p.m., SD–628. Subcommittee on State, Foreign Operations, and Re- Committee on Small Business and Entrepreneurship: to hold lated Programs, to hold hearings to examine civil society hearings to examine how small businesses confront and perspectives on Russia, 2:30 p.m., SD–192. shape regulations, 3 p.m., SR–428A. Committee on Armed Services: Subcommittee on Emerging Select Committee on Intelligence: to receive a closed brief- Threats and Capabilities, to hold hearings to examine ing on certain intelligence matters, 12 noon, SH–219.

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Special Committee on Aging: to hold hearings to examine Modernization of Sanctions Act’’, 10:45 a.m., 2172 Ray- the arc of Alzheimer’s, focusing on preventing cognitive burn. decline in Americans to assuring quality care for those Subcommittee on the Middle East and North Africa, living with the disease, 2:30 p.m., SD–106. hearing entitled ‘‘Testing the Limits: Iran’s Ballistic Mis- sile Program, Sanctions, and the Islamic Revolutionary House Guard Corps’’, 2 p.m., 2172 Rayburn. Committee on Agriculture, Full Committee, hearing enti- Committee on Homeland Security, Subcommittee on tled ‘‘Review of the Farm Credit System’’, 10 a.m., 1300 Counterterrorism and Intelligence, hearing entitled ‘‘Ter- Longworth. rorism in North Africa: An Examination of the Threat’’, Committee on Appropriations, Subcommittee on Defense, 10 a.m., HVC–210. hearing on U.S. European Command, 10 a.m., H–140 Committee on the Judiciary, Full Committee, markup on Capitol. This hearing will be closed. H.R. 1667, the ‘‘Financial Institution Bankruptcy Act of Subcommittee on Labor, Health and Human Services, 2017’’; H.R. 1695, the ‘‘Register of Copyrights Selection Education and Related Agencies, budget hearing on the and Accountability Act of 2017’’; H. Res. 184, a resolu- tion of inquiry requesting the President and directing the Department of Health and Human Services, 10 a.m., Attorney General to transmit, respectively, certain docu- 2358–C Rayburn. ments to the House of Representatives relating to com- Subcommittee on Military Construction, Veterans Af- munications with the government of Russia; and H. Res. fairs, and Related Agencies, hearing for public witnesses, 203, a resolution of inquiry requesting the President, and 10 a.m., 2362–A Rayburn. directing the Attorney General, to transmit, respectively, Committee on Armed Services, Full Committee, hearing certain documents to the House of Representatives relat- entitled ‘‘Military Assessment of the Security Challenges ing to certain communications by the President of the in the Greater Middle East’’, 10 a.m., 2118 Rayburn. United States, 10 a.m., 2141 Rayburn. Subcommittee on Strategic Forces; and Subcommittee Committee on Oversight and Government Reform, Full Com- on Emergency Preparedness, Response, and Communica- mittee, hearing entitled ‘‘Federally Funded Cancer Re- tions of the Committee on Homeland Security, joint search: Coordination and Innovation’’, 9:30 a.m., 2154 hearing entitled ‘‘Threats to Space Assets and Implica- Rayburn. tions for Homeland Security’’, 2 p.m., HVC–210. Subcommittee on Government Operations, hearing en- Subcommittee on Military Personnel, hearing entitled titled ‘‘WMATA After SafeTrack’’, 2 p.m., 2154 Ray- ‘‘Military Pilot Shortage’’, 2 p.m., 2118 Rayburn. burn. Committee on Education and the Workforce, Subcommittee Committee on Science, Space, and Technology, Full Com- on Health, Employment, Labor, and Pensions, hearing on mittee, hearing entitled ‘‘Climate Science: Assumptions, H.R. 986, the ‘‘Tribal Labor Sovereignty Act of 2017’’, Policy Implications, and the Scientific Method’’, 10 a.m., 10 a.m., 2175 Rayburn. 2318 Rayburn. Committee on Energy and Commerce, Subcommittee on Committee on Small Business, Full Committee, hearing Communications and Technology, hearing entitled ‘‘Real- entitled ‘‘Evaluating the Paperwork Reduction Act: Are izing Nationwide Next-Generation 911’’, 10 a.m., 2123 Burdens Being Reduced?’’, 11 a.m., 2360 Rayburn. Rayburn. Committee On Transportation And Infrastructure, Full Subcommittee on Energy, hearing entitled ‘‘Federal Committee, markup on H.R. 1346, to repeal the rule Energy Related Tax Policy and its Effects on Markets, issued by the Federal Highway Administration and the Prices, and Consumers’’, 10:15 a.m., 2322 Rayburn. Federal Transit Administration entitled ‘‘Metropolitan Committee on Financial Services, Subcommittee on Capital Planning Organization Coordination and Planning Area Markets, Securities, and Investment, hearing entitled ‘‘Ex- Reform’’; H.R. 1726, the ‘‘Coast Guard Improvement and amining the Impact of the Volcker Rule on the Markets, Reform Act of 2017’’; H.R. 1093, to require the Federal Businesses, Investors, and Job Creators’’, 10 a.m., 2128 Railroad Administration and the Federal Transit Author- Rayburn. ity to provide appropriate Congressional notice of safety Committee on Foreign Affairs, Full Committee, markup audits conducted with respect to railroads and rail transit on H. Res. 54, reaffirming the United States-Argentina agencies; H.R. 1665, to ensure that Administrator of the partnership and recognizing Argentina’s economic re- Federal Emergency Management Agency considers severe forms; H. Res. 92, condemning North Korea’s develop- local impact in making a recommendation to the Presi- ment of multiple intercontinental ballistic missiles, and dent for a major disaster declaration; H.R. 1678, to for other purposes; H. Res. 137, ‘‘Honoring the life of amend the Robert T. Stafford Disaster Relief and Emer- Shimon Peres’’; H. Res. 145, expressing the sense of the gency Assistance Act concerning the statute of limitations House of Representatives regarding the fight against cor- for actions to recover disaster or emergency assistance ruption in Central America; H. Res. 187, relating to ef- payments, and for other purposes; H.R. 1679, the forts to respond to the famine in South Sudan; H.R. 390, ‘‘FEMA Accountability, Modernization and Transparency the ‘‘Iraq and Syria Genocide Emergency Relief and Ac- Act of 2017’’; H. Con. Res. 35, authorizing the use of countability Act of 2017’’; H.R. 479, the ‘‘North Korea the Capitol Grounds for the National Peace Officers Me- State Sponsor of Terrorism Designation Act of 2017’’; morial Service and the National Honor Guard and Pipe H.R. 672, the ‘‘Combating European Anti-Semitism Act Band Exhibition; H. Con. Res. 36, authorizing the use of 2017’’; and H.R. 1644, the ‘‘Korean Interdiction and of the Capitol Grounds for the Greater Washington Soap

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Box Derby; H.R. 455, to designate the United States Scheduling Accountability Act’’; H.R. 907, the ‘‘New- courthouse located at 501 East Court Street in Jackson, born Care Improvement Act’’; H.R. 918, the ‘‘Veterans Mississippi, as the ‘‘R. Jess Brown United States Court- Urgent Access to Mental Health Care Act’’; H.R. 1005, house’’; and possible other matters cleared for consider- to improve the provision of adult day health care services ation, 10 a.m., 2167 Rayburn. for veterans; H.R. 1162, the ‘‘No Hero Left Untreated Committee on Veterans’ Affairs, Subcommittee on Health, Act’’; H.R. 1545, to clarify VA’s authority to disclose hearing on draft of the ‘‘Veterans Affairs Medical Scribe certain patient information to State controlled substance Pilot Act of 2017’’; H.R. 91, the ‘‘Building Supportive monitoring programs; and H.R. 1662, to prohibit smok- Networks for Women Veterans Act’’; H.R. 95, the ‘‘Vet- ing in any facility of the Veterans Health Administration, erans’ Access to Child Care Act’’; H.R. 467, the ‘‘VA 8 a.m., 334 Cannon.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Wednesday, March 29 10 a.m., Wednesday, March 29

Senate Chamber House Chamber Program for Wednesday: Senate may consider any Program for Wednesday: Consideration of H.R. cleared legislative and executive business. 1430—Honest and Open New EPA Science Treatment Act of 2017. Consideration of H.R. 1431—EPA Science Advisory Board Reform Act of 2017 (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Gaetz, Matt, Fla., E404 Rooney, Francis, Fla., E399 Gutie´rrez, Luis V., Ill., E398 Sinema, Kyrsten, Ariz., E398 Blumenauer, Earl, Ore., E402 Holding, George, N.C., E397 Slaughter, Louise McIntosh, N.Y., E403 Buchanan, Vern, Fla., E403 Johnson, Eddie Bernice, Tex., E404 Thompson, Bennie G., Miss., E397, E398, E400, E401, Carter, John R., Tex., E400 Larson, John B., Conn., E397 E402, E403, E405 Cartwright, Matt, Pa., E402 Marchant, Kenny, Tex., E401 Visclosky, Peter J., Ind., E397 Collins, Doug, Ga., E401 Norton, Eleanor Holmes, The District of Columbia, Duffy, Sean, P., Wisc., E397 E402 Wilson, Joe, S.C., E398 Flores, Bill, Tex., E401 Olson, Pete, Tex., E403 Yoder, Kevin, Kans., E398 Frelinghuysen, Rodney P., N.J., E404 Rogers, Harold, Ky., E403

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