January 24, 2017 CONGRESSIONAL RECORD — SENATE S423 with Murray Energy. It mentions a pri- trons? An Open Records Act request he will be regulating as EPA Adminis- vate meeting with Southern Company, was filed with the Oklahoma attorney trator? and it mentions a private meeting with general’s office—Mr. Pruitt’s office— I challenge anyone to come to this American Fuel Petrochemical Manu- for emails with energy firms, fossil fuel Senate floor and tell me with a facturers, which represents a lot of trade groups, and their political arms, straight face that there is nothing that these characters. Murray Energy, of with companies like Devon Energy, those emails could reveal that might course, is right there. Southern Com- Murray Energy, and Koch Industries, create a conflict of interest for the pany is right there, and the American and the American Petroleum Institute, man discharged with regulating the Fuel Petrochemical Manufacturers or- which is the industry’s trade associa- companies on the other end of those ganization, I am sure, represents the tion. emails. ‘‘No’’ just doesn’t cut it as an others. Let me share three facts about this answer from Mr. Pruitt when there is This confidential meeting agenda is Open Records Act inquiry: No. 1, the still so much that he is hiding. all we have about what took place in Open Records Act request was filed I yield the floor. those private meetings. I asked Mr. more than 745 days ago—over 2 years, 2 I suggest the absence of a quorum. Pruitt in our hearings about the con- years. No. 2, Pruitt’s office has admit- The PRESIDING OFFICER. The tent of these private meetings, and he ted that there are at least 3,000 respon- clerk will call the roll. wouldn’t answer any questions. He sive documents to that Open Records The bill clerk proceeded to call the doesn’t want us to know what was dis- Act request. Consider that fact alone roll. cussed there with the big fossil fuel for a moment. There were 3,000 emails Mr. PETERS. Madam President, I polluters—companies whose pollution and other documents between his office ask unanimous consent that the order he will oversee as EPA Administrator. and these fossil fuel companies and for the quorum call be rescinded. Pruitt was also a chairman of the front groups—3,000. No. 3, zero, exactly The PRESIDING OFFICER (Mrs. Rule of Law Defense Fund. The so- zero of those documents have been pro- FISCHER). Without objection, it is so called Rule of Law Defense Fund is a duced—745 days, 3,000 documents, zero ordered. dark money political operation that produced. f launders the identity of donors giving Think how smelly those 3,000 emails NOMINATION OF BETSY DEVOS money to the Republican Attorneys must be when he would rather have General Association. As the New York this flagrant Open Records Act compli- Mr. PETERS. Madam President, I Times said, the fund is a ‘‘legal entity ance failure than have any of those rise today to speak on the nomination that allows companies benefiting from 3,000 emails see the light of day. Given of Betsy DeVos for Secretary of Edu- the actions of Mr. Pruitt and other Re- the important financial interests of cation. publican attorneys general to make these groups before the EPA, do we Public education is deeply personal anonymous donations, in unlimited really not think that 3,000 emails back for me. I am proud to have attended amounts.’’ It is a complete black hole and forth between him and his office Michigan public schools, and I have of political cash. and those groups might be relevant to three children who did so as well. I In the hearing, Pruitt refused to his conflicts of interest as Adminis- know firsthand the importance of a shine any light into the dark money he trator? Until very recently, Repub- strong public education system. My fa- solicited or received from these fossil licans had a keen interest in emails. ther Herb was a proud teacher and fuel polluters or others for the Rule of Chairman BARRASSO asked that impor- taught English for 32 years in Roch- Law Defense Fund—not whom he asked tant question: ‘‘Do you know of any ester, MI, where I grew up. for money, not who gave money, not matters which you may or may not My father was part of the ‘‘greatest what they gave, nothing. This is an or- have disclosed that might place you in generation.’’ He fought for our country ganization that appears to have a mil- any conflict of interest if you are con- in World War II and returned home to lion-dollar-a-year budget so someone firmed?’’ Scott Pruitt answered: ‘‘No.’’ help build America’s middle class. Our was busy raising a lot of money. How On this record, there is every reason Nation owes these men and women a much exactly, from whom, and what to believe that his statement is false. debt of gratitude for building a country was the deal? Scott Pruitt doesn’t want Might having raised significant dark where anyone who is willing to work our committee or this Senate or the money from the industry that he would hard and play by the rules can find op- American people to know. regulate create a conflict of interest? portunity. Colleagues and I sent letters to the Let’s say that he made a call to Devon But too many families today feel Office of Government Ethics and to the Energy and said: I slapped your letter that the American dream remains just Environmental Protection Agency’s on my letterhead and turned it in as if out of reach. It seems that they can top ethics official. Their responses in- it were the official work of the Okla- hardly get by, much less get ahead. At dicate that their ethics rules predate homa attorney general’s office. Now I a time of growing income inequality, Citizens United and its torrent of dark need a million bucks. And you can give public schools can and do provide a lad- political money. Their regulatory au- it to the Rule of Law Defense Fund as der of opportunity in communities thority on government ethics has not dark money, without anyone knowing across the Nation—urban, rural, and caught up with the post-Citizens that it was you. suburban alike. Strong public schools United dark money world. Since their Might such a quid pro quo create a are vital to our economy, our democ- ethics authorities have not been up- conflict of interest in his ability to racy, and to our Nation’s global com- dated for these dark money conflicts, if carry out the duties of EPA Adminis- petitiveness. Pruitt doesn’t disclose any of this in- trator in matters affecting Devon En- I think we can all agree that a child’s formation before the Senate, no one ergy? It is impossible to say that it chance to succeed should not be dic- will know, and even those government would not be a conflict of interest. tated by his or her ZIP Code. While ethics watchdogs may end up blind to Let’s say that at those confidential many crucial education decisions are conflicts of interest. private meetings with Murray Energy made at the State and at the local lev- That doesn’t mean there isn’t a con- and Southern Company, something els, the Federal Government also has a flict of interest here. What it means is went on. Might something that takes role to play in providing the necessary it is a hidden conflict of interest. That place in private meetings with Big En- educational tools and proper protec- makes it our duty in the Senate to ex- ergy interests that he is going to have tions for all of our children to flourish. amine those relationships, except for to regulate create a possible conflict of We need a Secretary of Education the fact that the fossil fuel industry interest? They paid to be there. They who is dedicated to improving access to now, more or less, runs the Republican wanted something. Might that not give quality public education based on Party, so there is a scrupulous lack of rise to a conflict of interest? sound evidence and ensuring the proper interest in this fossil fuel industry And who knows what conflicts of in- implementation of Federal laws de- dark money. terest would be divulged if his office signed to protect and to help all of our How badly does Mr. Pruitt want to were not sitting on 3,000 undisclosed children. That is why I am deeply trou- hide his dealings with his fossil fuel pa- emails with fossil fuel industries that bled by President Trump’s nomination

VerDate Sep 11 2014 03:09 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JA6.025 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S424 CONGRESSIONAL RECORD — SENATE January 24, 2017 of Betsy DeVos of Michigan to serve as charter schools accepting taxpayer tion’s laws are not keeping pace. Over the Secretary of Education. money not only performed worse than the past several years, Netflix and Mrs. DeVos, like so many recent traditional public schools in terms of Amazon have completely disrupted the graduates, is effectively applying for a academic success but also get to skirt video world. The iPhone, which rede- job. And like any employer, the Amer- laws that protect against discrimina- fined personal computing and ican people should look at her resume, tion and support disabled youth. We connectivity, just celebrated its 10th her interview, and her past perform- should hold all schools receiving Fed- anniversary. Yet most of the govern- ance. eral dollars to the same level of ac- ment policies dealing with video, wire- Mrs. DeVos’s resume contains no ex- countability. less, and Internet platforms were writ- perience in public education at any I have reviewed her resume, her ten for a world where none of these level—not as a teacher, not as an ad- interview, and her track record, and I things existed. It is a testament to the ministrator, not as a student or a par- have no confidence that Mrs. DeVos ingenuity of American businesses and ent, not as a school board member, and will fully support our traditional pub- entrepreneurs that they have been able not even as a borrower of public loans lic schools, our teachers, our parents, to adapt and succeed with laws that for college. and, most importantly, our children, are increasingly out of date. While I Her only experience in education is who only get one shot. They just get don’t doubt that they will continue to her work lobbying for the transfer of one shot to get an excellent K–12 edu- work around these challenges, Amer- taxpayer money to private schools and cation. ican companies and consumers deserve the rapid expansion of charter schools Her approach to education has failed better. without sufficient accountability to the children of Michigan, and her con- It is past time to modernize our com- parents and to students. firmation process gives me no reason munication laws to facilitate the So let’s look at her interview. Her to think that she will bring a more suc- growth of the Internet, and it is high appearance before the Senate HELP cessful approach to our Nation. time to update government policies to Committee last week raised many American children deserve the oppor- better reflect the innovations made more questions and did not provide an- tunity for a quality education no mat- possible by digital technologies. As the swers. During her confirmation hear- ter who they are and no matter where chairman of the Senate Commerce ing, Mrs. DeVos showed herself to be they live. I stand with the many edu- Committee, I have committed to mod- unfamiliar with some basic educational cators and parents in Michigan and ernizing government policies for the concepts, like the debate over whether across the Nation when I say: Mrs. digital age, and that will be one of our we should measure students’ success by DeVos lacks the experience, qualifica- top priorities in the Commerce Com- growth or proficiency. If Mrs. DeVos tions, and the right vision to oversee mittee this year. doesn’t know how to measure success, One way the government can boost how can she ever be expected to our Nation’s educational system. Sim- ply put, our children deserve a whole investment in our digital infrastruc- achieve success in our schools? ture is by finding ways to make it Mrs. DeVos also appeared to have lot better. cheaper and easier to build broadband never heard of the Individuals with I cannot and will not support Betsy networks. At the Commerce Com- Disabilities Education Act, one of the DeVos’s nomination to serve as the mittee, I introduced legislation called most important pieces of education and Secretary of Education, and I hope my the MOBILE NOW Act to ensure that civil rights legislation in our country’s colleagues will join me in unity history. This law has provided access against her nomination. huge swaths of wireless spectrum are to education for children with unique Madam President, I suggest the ab- made available for use by the year 2020. needs and supports their parents, who sence of a quorum. By then, we hope to see the next gen- depend on the law that Mrs. DeVos will The PRESIDING OFFICER. The eration of ultra-high speed services be in charge of enforcing, if confirmed. clerk will call the roll. known as 5G, which will need more And it appeared as if this was the first The bill clerk proceeded to call the spectrum than is available today. The time that she had ever heard of this roll. MOBILE NOW Act will also cut law, just last week. Mr. THUNE. Mr. President, I ask through much of the bureaucratic red- So finally, let’s take a look at her unanimous consent that the order for tape that makes it difficult to build past performance. I am particularly the quorum call be rescinded. wireless infrastructure on Federal troubled by Mrs. DeVos’s long-time ad- The PRESIDING OFFICER (Mr. KEN- property. vocacy to funnel Michigan taxpayer NEDY). Without objection, it is so or- I am happy to report that the Com- dollars to private and charter school dered. merce Committee passed the MOBILE systems that are not held accountable f NOW Act earlier today, but this legis- lation is just the start. The Commerce for their performance. COMMERCE COMMITTEE AGENDA Let me be clear. Our education sys- Committee will continue to develop AND NEW INFORMATION TECH- legislative proposals to spur broadband tem is far from perfect, and I support NOLOGIES effective, innovative educational re- deployment, make more spectrum forms that lift up our children. But Mr. THUNE. Mr. President, it is hard available for the public, and improve these reforms need to be driven by to believe, but the Internet as we know connectivity throughout rural Amer- facts and not ideology. it is already in its third decade. While ica. Unfortunately, in my home State of it is no longer novel, this essential Good Internet infrastructure policies Michigan, the charter school experi- technology continues to transform the and investments matter very little, ment has not lived up to the promises world around us in often very unex- however, if government bureaucrats made. In fact, 65 percent of charter pected ways. Just a few short years can overregulate the digital world. The schools in Michigan fail—yes, fail—to ago, the idea of the Internet being built Federal Communications Commission significantly outperform traditional into farm equipment would have been has long been the main government public schools in reading outcomes. In unthinkable. Yet, today, wireless regulator for telecommunications. As Detroit, 70 percent of charter schools Internet in tractors and combines is we have turned away from traditional are in the bottom quartile of Michi- making agriculture more and more ef- telecom services and toward new tech- gan’s schools. These are certainly not ficient. This is just one small example nologies, the FCC has found its role the results that we would want to rep- of how new information technologies gradually diminishing. This is inevi- licate at the national level. have become a fundamental part of our table and a good byproduct of techno- Despite these outcomes, Mrs. DeVos economy. There isn’t a job creator in logical innovation. But instead of ac- stated during her confirmation hearing America who doesn’t have a story to cepting this, over the last several years that she did not think that public char- tell about how or when he or she real- the FCC has aggressively pushed for ter schools should be held to the same ized the Internet had become a critical government interference in the Inter- standards as traditional public schools. part of his or her business. net. Speaking about new economic op- Well, that simply doesn’t make But while the digital economy is cre- portunities on the Internet, the last sense. It doesn’t make sense that many ating massive opportunities, our Na- FCC Chairman declared: ‘‘Government

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