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, FEBRUARY 7, 2017 No. 20—Part II Senate (Legislative day of Monday, February 6, 2017)

EXECUTIVE CALENDAR—Continued cation and what that would mean for young women and their families all the country. across the country. We passed legisla- The PRESIDING OFFICER (Mr. LEE). The Senator from Pennsylvania. I have heard from people across my tion that I will talk about in a mo- State—urban and rural, suburban, ment, but this is a matter, I believe, of Mr. CASEY. Mr. President, I rise this Democrats, Republicans, all kinds of basic justice. now-early morning, on a new day, to people—who have spoken with one Hundreds of years ago, St. Augustine talk about this nomination, which has voice against this nomination. That is said: ‘‘Without justice, what are king- been the subject of so much debate, so one of the factors that I have to con- doms but great bands of robbers?’’ If we much contention and, I believe, so sider when making a decision, but even don’t get serious about this problem— much concern across the country and I could not have imagined the scope of the problem of sexual assault and what in my home State of Pennsylvania. that response from people across Penn- happens to young women on our col- I spoke earlier today of some of the sylvania. lege campuses—we are robbing them of basic history of my State that prin- I know we still have a number of basic justice. We are robbing them of cipally involves public education. In hours left before the vote, but, to date, an opportunity to get a higher edu- the 1830s—the early 1830s, to be exact— if you count all of the contacts that cation. a debate started in Pennsylvania about have been made with my office—or I In many instances, because of that public education, the culmination of should say offices in Pennsylvania and assault, that young woman’s life is de- which led to the enactment under here in Washington—it is over 100,000 stroyed or largely compromised or State law of the Free School Act in contacts, whether made by telephone harmed in some fashion. Sometimes 1834 in Pennsylvania. We have had a or email or by letter or otherwise. she cannot finish her higher education, bedrock foundation of free public edu- I have been in the U.S. Senate for so she is robbed of that opportunity be- cation all these generations. It is part more than 10 years now. This is my cause the rest of us didn’t do enough to prevent that assault. of who we are as a State. 11th year. No nomination has even ap- In our Commonwealth, even today When we remember those words of proached that number of contacts from Augustine about a basic definition of with all of the changes in education individuals who felt that they had to and all of the change in policy over justice, we should remember and decide speak up and speak out, literally, in whether we are doing enough to pre- time, we are still a State where 92 per- the context of a nomination. cent of our schoolchildren are educated vent her from being robbed of her dig- I wanted to start with one particular nity, robbed of her safety, robbed of the in public schools. That is the State we issue and develop it rather fully; that are. We don’t have any for-profit char- ability to move forward with public is, the issue of sexual assault on our education, and, of course, robbed from ter schools, and that has been the sub- campuses. This is the line of ques- ject of debate in this nomination. her basic pursuit of happiness as a tioning that I pursued with Mrs. DeVos young person on a college campus who We have, by law, public nonprofit en- when she came before the HELP Com- should have a reasonable expectation tities as charter schools. It is a signifi- mittee—the Health, Education, Labor, of safety and security. cant point of difference between what and Pensions Committee—just a couple Too often, the college or the univer- is law in Pennsylvania and what is part of days ago. sity has failed her. Often—too often, I of our education traditions and what I want to start with the stark reality should say—our society has failed her. the nominee has stood for in her time of sexual assault on college and univer- This is a serious issue. As I said, some as a private citizen. We will get to that sity campuses across the country. Here young women never recover, and others a little bit later. is what the Centers for Disease Control struggle for the rest of their lives. I wanted to start tonight with a basic and Prevention tell us: One in five Let me say this about the young men assessment, and then I will go through women on college campuses experience who engage in this kind of conduct: a series of issues. The basic assessment attempted or completed sexual as- Any young man who engages in this and determination that I have made is sault—one in five. That is an abomina- kind of conduct on a college campus is that I should vote against the nomina- tion. That is a stain on our country. a coward, and we should call them on tion of Betsy DeVos to be the next U.S. That is something we should not allow it. They are cowards. They should be Secretary of Education. The principle to continue. brought to justice—swift and certain reason for that is her views on public In the last couple of years, we have justice—when they engage in this kind education—what I believe to be a lack just begun to tackle that horrific prob- of a crime. It is happening too often on of total commitment to public edu- lem, that insult, that outrage for our college campuses.

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

S763

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VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.097 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE S764 CONGRESSIONAL RECORD — SENATE February 7, 2017 As we seek to hold these young men must the college tell her about that One survivor, Jess Davidson, wrote fully accountable for sexual assault on right, but the college or university has an open letter to Mrs. DeVos as part of college campuses, we better have a to help her do it. Also, of course, there a ‘‘Dear Betsy’’ campaign. She said: Secretary of Education who is fully are the procedures for conducting hear- I haven’t always felt that I had the space committed—fully committed—to mak- ings in a fair and appropriate manner. or safety to tell my story and stand up for ing sure that we are holding these stu- We have a long way to go to hold per- survivors. However, I was lucky enough to dents accountable. That is the least we petrators accountable. There is still attend college under a government adminis- can expect from a Secretary of Edu- more work to do on that. Too many tration that fought for survivors of sexual cation and from a President and an ex- assault. young men over many generations It was only because committed govern- ecutive branch and a Congress of both have been protected in one way or an- ment leaders believed that it was important parties and both Houses that are com- other. Some institution, some indi- to uphold Title IX and address campus sex- mitted to protecting young women on vidual on the campus or off the campus ual violence that I was able to overcome our campuses. has protected them and swept these what happened to me. What have we done about it? First of issues and these crimes under the rug. Later in her letter, Jess Davidson all, we haven’t done enough. That is We are going to continue to work on said: the basic foundation of what I will say, this issue, but that leads me to the Ms. DeVos, certainly my education, if not but we have made some progress the nominee for Secretary of Education. I my life, was saved by committed leaders last couple of years. I introduced legis- asked Betsy DeVos in the hearing if standing up and fighting for the rights of lation a couple of years ago, the Cam- she would commit to upholding title survivors of sexual assault. So today I am pus SaVE Act, known more fully as the IX, which is a nondiscrimination stat- writing you to ask, that if confirmed, you do Campus Sexual Violence Elimination ute that includes important protec- the same. Act. That became law in 2013 as part of tions against sexual assault. Specifi- Jess goes on from there. She says: the reauthorization of the Violence cally, I asked her to uphold the guid- Because if survivors do not feel their gov- Against Women Act. ance from 2011 of the Department of ernment is fighting for them, they won’t As the process works around here, Education’s Office for Civil Rights, speak up. I almost didn’t. you pass a law in 2013 and the regu- which advises institutions of higher That is one survivor telling us how latory process starts. The regulations education to use the preponderance of difficult it was for her to speak out or didn’t go into effect until the summer the evidence standard for campus con- to speak up about this issue because of of 2015. We are into our second college duct proceedings. the pain and the horror that she lived school year of those regulations being Some people know the difference be- through. Mrs. DeVos may not have to part of our law. tween one level of evidentiary stand- answer my questions fully, as much as Here is what they do, and I will sum- ards versus others. They made a deter- I pursue an answer, but she does have marize my legislation in short order. mination that preponderance of the to answer the questions of those sur- Basically, what Campus SaVE does is evidence was the right standard. I vivors like Jess and so many others be- two or three things: One is make sure asked her a very specific question as to cause if she is confirmed as Secretary that we are taking steps—and colleges whether she would uphold that basic of Education, she is not some inde- and universities are required to take evidentiary standard, and she said it pendent operator. She is a servant of steps pursuant to this law—to bring was ‘‘premature to make such a com- the people. The people are her boss. about strategies of prevention so that mitment.’’ Jess is her boss. If she is confirmed, she we are doing everything we can on that I also asked her whether she would better understand that she is a public campus to prevent these kinds of as- enforce the law as it relates to sexual servant. The private sector would be in saults. assault, and she didn’t seem to believe the rear-view mirror. You can’t treat Second, we want to make sure that that she had to answer that question in people the way that she might have more and more students and faculty a manner that would be give us con- treated people up to this point in time. and administration are aware of the fidence that she would uphold the law. She is a servant of the people if she problem. It is everyone’s problem. It is is confirmed, and she better have an not just the problem of that victim, To say that it is premature to answer questions like that, instead of saying answer for Jess every day that she is not just the problem for young women. on the job if she is confirmed. It is everybody’s problem. If you are a ‘‘Yes, it is my duty as Secretary of Education to uphold the law, to enforce Another survivor, Sofie, works for an young man on the campus, you can’t organization called End Rape on Cam- just be a bystander. You have to be a the law, to hold perpetrators account- able, to protect victims’’—if she had pus. She wrote: bystander who does something about Our country has finally begun to shatter this problem. If you are in the college said that, and then said ‘‘Well, but I will have to review some of these poli- the silence on sexual violence, and survivors administration or otherwise, you have nationwide are refusing to go back to how to be part of the solution. cies,’’ that would be different. She just things were before. Students, parents, and We passed legislation, got the regula- said that it was premature to make a survivors nationwide deserve to know wheth- tions in effect, and now colleges and commitment. er Betsy DeVos is truly committed to keep- universities have to abide by them. She has a duty—not a duty that she ing all students safe in school. Betsy, we are This act is now helping improve how can escape if she were to be Secretary counting on you. campus communities at large respond of Education—to uphold the law to pro- Betsy DeVos, if she is confirmed as to sexual assault, to domestic violence tect victims. I believe that the Sec- Secretary of Education, has to answer in those circumstances, to dating vio- retary of Education not only must those questions that Jess posed, that lence. That is a third category. comply with the law, but the Secretary Sofie posed, and so many others. She The fourth category is stalking. of Education as it relates to those vic- may try to avoid questions posed to All of those circumstances are cov- tims on college campuses or potential her by Senators or by the media, but ered. All of that behavior by a college victims has to be, in my judgment, not she has a sacred duty that she cannot student is covered. We want to make just an advocate but an unyielding ad- escape to give answers to these sur- sure that institutions have clearly de- vocate, a determined advocate, a cham- vivors and to the advocates who so fined policies, and they let the victim pion for those students to substantially bravely support them day in and day know way ahead of time that she has reduce the likelihood that we are going out, year in and year out. It is about not just rights but she also has oppor- to continue to see one in five women time the Congress of the United States tunities to pursue justice in more ways being victims of sexual assault on our did a lot more to support these victims than one. She can leave that campus college campuses. as well. and seek the help of local law enforce- To say that her answer alarmed both Maintaining protections for victims ment if she wants to. survivors and the great advocates who of campus sexual assault is not part of She has to be informed of her right to have been in the trenches helping those some negotiation. This has to be man- do that. If she wants to go to a court survivors for years is an understate- datory work that we do together. In and seek a protective order, not only ment. I will just read two reactions. reference to her answer to my question

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.098 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE February 7, 2017 CONGRESSIONAL RECORD — SENATE S765 about it being premature to commit to Since the passage 40 years ago of public education; the value of that pub- enforcing a law on sexual assault and IDEA, the vast majority of children lic school to her son who has autism, fully embracing the guidance that the with disabilities are now educated in but he is a high-functioning autistic Department put forth in 2011—and by public schools with their peers. We child. The vistas of opportunities for the way, the same guidance put forth know that high school graduation rates learning that have been opened to that in the Bush administration—if she is are higher today than they have ever child because of that school and be- going to change that guidance on the been. Students with disabilities are cause of the IDEA that helps that child evidentiary standard, thereby making going on to higher education in greater with a disability—any kind of dis- it harder for victims and better for the numbers. ability—to get an appropriate edu- perpetrator, by the way, when you In the last two decades, reading and cation under our system—and a lot of raise the standard of evidence, she bet- math scores on the National Assess- that started way back in the 1830s in ter have a good explanation for that. ment of Educational Progress have in- Pennsylvania when the Free Schools She will have to have a good expla- creased substantially. We have seen Act was passed. nation for the victims and the sur- this from the beginnings of the debate So, again, I say very directly to Mrs. vivors as to why she changed a policy in Pennsylvania. Way back in 1971, the DeVos as a nominee and if she is con- that has been in place for two adminis- PARC vs. Pennsylvania case—PARC firmed as the Secretary of Education, trations, not just one, two—a Repub- standing for the acronym P-A-R-C, one that Mrs. DeVos must guarantee Kris- lican administration and a Democratic of the cases that helped establish the tin and her son that she will support administration. right of all children to have an appro- I would apply the same test to the public schools and children with dis- priate public education. We know that abilities without exceptions, not with entire administration. Now the Trump in the hearing, Senator KAINE from equivocation, not with some bizarre, administration has an obligation, as Virginia asked Mrs. DeVos whether all erroneous argument about what States well, not just Mrs. DeVos if she were to schools that have received Federal might want to do but full commitment, be confirmed. They must commit as an funding should have to meet the re- full compliance with the IDEA, full administration to keep strong campus quirements of IDEA. She said: ‘‘I think compliance with the law as it relates sexual assault protections in place and that’s a matter that is best left to the to any child with a disability. She has not go back to the dark days when this States.’’ scourge was not a priority—not a pri- That is obviously the wrong answer an obligation once she takes the oath ority here in Washington and not a pri- when you are talking about a Federal of office, a sworn duty as a servant of ority on college and university cam- statute. States don’t have an option of taxpayers, as a servant of those par- puses across the country. not complying with Federal law. Given ents like Kristin, to make sure she If they want to fight on this, I am the opportunity to clarify her answer, meets Kristin’s expectations, not the ready to fight for a long time against Mrs. DeVos continued to insist that expectations of a President and not the anyone who is going to try to weaken States should be able to determine expectations of insiders here in Wash- these protections. We are not going to whether they provide services to stu- ington. She has to answer to the expec- allow this administration or any Sec- dents with disabilities. tations of Kristin and taxpayers like retary of Education to turn back the Let me say it plainly. That is dead her and her son. So she has a heavy clock and allow young men to continue wrong. That is unambiguously, defini- burden of proof based upon her testi- to prey upon young women with impu- tively wrong. States can’t decide not to mony to date. nity and without consequence as they comply with the IDEA—the law that 4 Mr. President, I am going to move to often have been able to do over the years ago enshrined that basic right for another topic, a topic that has been the years. students with disabilities to get an ap- subject of much attention lately, but Let me move to a second issue—stu- propriate education. I hope by now, on frankly not enough attention over dents with disabilities. It is often over- the eve of her confirmation vote, that many years. It is an issue that affects looked in our debates about education. she has done some studying and all kinds of children in our schools at We have debates about funding, debates learned that IDEA is the law of the various ages and at various cir- about philosophy, debates about who land. If she wants to change it, she bet- cumstances. I am talking about bul- has the best idea, and sometimes we ter line up votes in the House and the lying, something that sometimes peo- forget students with disabilities, who Senate to overturn the law that made ple in my generation somehow con- have a right under Federal law to have sure that students with disabilities clude has always been a problem and is the opportunity for a full education, an have those basic guarantees. just a continuing problem from one appropriate education. Ensuring that Once again, the best words are from generation to the next. They are wrong all students receive high-quality edu- people who write to us and contact us on the facts. It is a much worse prob- cation is absolutely critical, and it is about these issues. lem today than it has ever been, and something that is particularly impor- Kristin, who is from Southeastern that is largely caused by the failure to tant for students with disabilities and Pennsylvania, wrote the following with deal with it. It is also caused by the their families. regard to her son: ability of the bully to follow the In my judgment, Mrs. DeVos dis- Being parents of a high-functioning autis- bullied student home and to torment played a total lack of knowledge re- tic child, we value and cherish our public them and sometimes to aggravate garding the Individuals with Disabil- school system. In fact, our public school ex- other bullies around them to torment ities Education Act. That is a 1975 law. perience has been life changing for our son. them all day long in school and at The so-called IDEA is four decades old, He’s getting a great education, and has made home all through the night, day after and its predecessor was the so-entitled remarkable strides. He not only benefits from the resources, caring attention pro- day, week after week. Education for All Handicapped Chil- vided by teachers, administrators, assistants dren Act, the old version of it many In addition to ensuring equal protec- and school staff and an Individualized Edu- tion of students with disabilities as we years ago. Together they have been the cation Plan—accommodations afforded by bedrock civil rights and education laws IDEA that private schools can simply ignore, just talked about, I am also concerned that guarantee that students with dis- and charter schools do a poor job of meet- that Mrs. DeVos will not be fully com- abilities receive the same educational ing—but he has also had the opportunity to mitted to enforcing civil rights protec- opportunities as their peers who do not meet all sorts of kids. I am proud and tions for students, including those who have a disability. thrilled that his small group of friends in- identify as LGBTQ. According to the Department of Edu- clude kids whose parents were born in other This is obviously connected as well countries or who practice other religions. cation, prior to 1975—prior to IDEA— This is the benefit of a quality, well-funded, to the issue of bullying, because often U.S. schools educated only one in five public school education; an informed citi- the most likely victims of bullying, we children with disabilities and many zenry and an introduction to the cultures know, are LGBT students and students States have laws excluding students, and perspectives beyond our own neighbor- with disabilities. It affects all students. including those who are deaf, blind, hoods. There is no question about that. But and emotionally disturbed or intellec- No one has said it better, in my judg- there are too many stories and too tually impaired. ment, than Kristin, about the value of many newspaper stories, in particular,

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.099 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE S766 CONGRESSIONAL RECORD — SENATE February 7, 2017 about someone who was bullied persist- home early Friday morning in November of record and financial giving seem to ently over time. That has led to sui- 2010 to a business intersection and threw suggest otherwise, especially as it re- cides and lead to some terribly tragic himself in front of an oncoming tractor- lates to LGBTQ students. outcomes for students and their fami- trailer, after leaving a suicide note at his Mrs. DeVos and her family’s founda- home. There seems to be little doubt in stu- lies. dents’ mind why Brandon did what he did. tions have given millions of dollars to Bullying, when you think about it— ‘‘It was because of bullying,’’ this friend organizations that are expressly op- or I should say, when we consider the wrote to the Daily Item, a paper in central posed to this work—much of the fund- tolerance we have built up, I guess, Pennsylvania. It was because of bullying. ‘‘It ing coming from the Edgar and Elsa over years to allow bullying to con- was not about race or gender, but they Prince Foundation, which is one of her tinue—in many ways is the ultimate bullied him for his sexual preferences, the family foundations. So, in other words, betrayal of our kids. We say to our way he dressed. Which,’’ she said, ‘‘they she is supporting groups that do not kids: Go to school. You have to go to wrongly accused him of.’’ want to pass anti-bullying legislation school and stay in class and pay atten- We know that Brandon’s suicide note that enumerates the protected groups tion and do your homework and study reportedly explained that he was con- of students. hard for quizzes and tests. If you do stantly bullied at Midd-West High I think that is a big mistake. I think that, you are going to progress and you School in Middleburg, which is also it is wrong. We will continue to fight are going to be a person who has oppor- Snyder County, where he was a fresh- them. But I hope that those donations tunities in the world. But you have to man. Bullies allegedly called Brandon that the family foundations have made stay in school and you have to con- names. He stated in the note that a will not prohibit her from taking centrate on your work. humiliating event in school this past strong action against bullying as Sec- It is the ultimate betrayal for us as week was ‘‘the straw that broke the retary of Education. Once again, I will parents, as a society, to tell that to a camel’s back.’’ Brandon was an accom- say it: When she becomes Secretary of child, and then we put them in schools plished violinist, having been a mem- Education—if she is confirmed—she is where the efforts against bullying are ber of the Susquehanna Youth Orches- no longer a private citizen engaged in not a priority. So it is a real betrayal tra in 2009. fights about ideology or fights about of our children to send them to schools That is smalltown Pennsylvania, policy or fights about politics. She is a and then not protect so many of them Snyder County, right in the middle of servant of the people if she is going to from bullying. So in so many ways, as our State. So you have a 14-year-old be Secretary of Education. adults, we fail our kids when we allow who is driven to suicide because of bul- So I would hope she would rethink that to happen. lying—persistent, pernicious, violent, that original predisposition to be For many LGBTQ students, schools evil bullying—that drove him to throw against those policies. I will move on are anything but safe. The Centers for himself in front of a tractor-trailer 13 because I know we are limited in our Disease Control in 2016 put out a report miles from his home. time. called the ‘‘Youth Risk Behavior Sur- Now, we know that laws cannot wipe Now, I wanted to conclude with a veillance’’ annual report, which looks out human behavior or the darkness of couple of remarks about questions re- at the health and well-being of our 9th human nature sometimes. While we do garding ethics and potential conflicts through 12th grade students. Students have Federal laws that promote school of interest, because that seems to be a who identify as gay are almost twice as safety, there is currently nothing in persistent theme with regard to a num- likely to have been threatened or in- place to comprehensively address ber of the nominations. jured by a knife or a weapon on school issues of bullying and harassment. It is We know that a lot of questions have property—twice as likely. critical that anti-bullying and harass- been asked lately of Mrs. DeVos. I Students who identify as gay are al- ment laws and policies enumerate or wanted to review some of those. There most three times more likely to stay list characteristics that are most fre- are at least potential conflicts of inter- home from school because of safety quently the subject of bullying and est if she became Secretary of Edu- concerns. Sixty percent of students harassment, such as race, color, nat- cation. We know that we have a tradi- identifying as gay had felt so sad and ural origin, sex, sexual orientation, tion not only here in Washington in hopeless almost every day for 2 or more gender identity or expression, dis- the Federal Government, but it was weeks in a row that they had stopped ability and religion—sometimes known very much a part of State government doing usual activities. in the law as protected classes. in Pennsylvania when I served there. It Finally, the most sobering of all, the It is important that in any bullying is part of the tradition in our State rate of suicide attempts is four times policies, those categories are so enu- that we opt on the side of more trans- greater. Let me say that again. Suicide merated. This is the most effective parency for candidates and for public attempts are four times greater for strategy for preventing and prohibiting officials about disclosure of informa- young people who happen to be gay, both bullying and harassment. Re- tion, especially information that could and two times greater for young people search shows the effectiveness of these compromise an individual in public of- that are questioning than that of a policies, and even the American Bar fice—tax returns, for example, when straight young person. With the advent Association agreed, passing a resolu- people run for office. Providing Mrs. of text messaging and social media and tion unanimously in 2011 supporting DeVos’s tax returns would be a small social networking, many children find enumerated protections, not vague ref- price to pay to become Secretary of they cannot escape the harassment erences to protecting young people Education as part of that trans- even as they go home at night. from bullying but very specific enu- parency. It would also go a long way to It follows them from the moment merated policies. ease the public’s discomfort around they wake until the moment they go to Now, we have made progress in devel- some of the potential conflicts of inter- sleep. I will give you one example from oping legislation, but we have not got- est in the assets and family trusts that Pennsylvania, right in the heartland of ten the support we need to get it DeVos will be retaining if she were to our State, Snyder County. You can’t passed. We tried this during the debate be confirmed. get much more small town and em- on the Every Student Succeeds Act, The letter of agreement between blematic of the rural and smalltown which, as many of you know, is the re- Betsy DeVos and the Office of Govern- communities in our State than a coun- authorization and the many changes ment Ethics is necessary but not suffi- ty like Snyder County. made to the No Child Left Behind legis- cient to alleviate her and her family’s The story of Brandon Bitner, a teen- lation. But we did not get this policy financial conflicts of interest. The ager from that part of the State, in as part of that. So we have a ways to HELP Committee has always used its central Pennsylvania, is a chilling re- go. own requirements for vetting a nomi- minder of the horror—the absolute hor- Now, I had hoped that the next Sec- nee, which are and always have been a ror—of bullying. This is what one news retary of Education would be inter- step beyond those gathered by the Of- account wrote: ested in tackling these issues. While fice of Government Ethics. Brandon Bitner, 14 years old, of Mount Mrs. DeVos has expressed a desire to The committee requires full disclo- Pleasant Mills, PA, walked 13 miles from his work on preventing bullying, her sure of all assets over $1,000 in the two-

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.101 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE February 7, 2017 CONGRESSIONAL RECORD — SENATE S767 part committee questionnaire required even Betsy DeVos. For me, the issue is who called in from inside the State. I by the committee rules. So there is a simply an issue of quality education. I certainly had a ton of calls from out- lot more to do. I know we are running will, without any question, have a very side the State. out of time. There is a lot more to do, specific conversation on Betsy DeVos. Here are some of the concerns I heard I believe, in terms of her fully dis- For me, however, this is simply about from my constituents that I know were closing information about her family’s quality education and how we get serious concerns and important parts or her own financial transactions, what there. of the conversation. One serious con- stakes they will maintain in some of My story is familiar to many people cern was the lack of experience she these entities if she were to be con- in this Chamber. I have spoken about it has. firmed. a number of times. I will tell you that I will tell you, she brings with her a This is not about probing someone my entire time in the Senate—the 4 fresh set of eyes; that, yes, she has no who has a lot of personal assets and is years I have been here—I have been official experience, but she has in- wealthy. This is about the taxpayers’ talking consistently about the power of vested the last 28 years of her life in right to know what their Secretary of education and the necessity of quality improving public education. She has Education, or even a nominee for this education. I call it the opportunity supported, without any question, the job, has in her portfolio and her family. agenda. creation of public charter schools. So I will conclude with this. Our chil- The opportunity agenda, which has I had the privilege of speaking at a dren and our families and our tax- been my focus for the last 4 years, fo- charter school in Michigan started by payers deserve a Secretary of Edu- cuses first on education, making sure Betsy DeVos and her husband 3 or 4 cation who is fully committed to being that every single ZIP Code in America years ago, an aviation high school that a champion for public schools and pub- has a quality choice for education. This focuses on making sure the students lic education. is so important to me. are prepared to be competent and to I will harken back to what Kristin As a poor kid growing up in a single- qualify for good jobs in the aviation said in part of the letter I read: Their parent household, I was not doing very transportation sector. It is a phe- public school experience has been ‘‘life- well. From 7 to 14, I drifted in the nomenal school. I enjoyed my inter- changing.’’ They ‘‘value and cherish wrong direction. As a freshman in high action with the kids. our public school system.’’ I hope that school, I basically flunked out. I failed I will tell you that not only has she Betsy DeVos, if she were to be con- world geography. I may be the first spent the last 28 years in public edu- firmed, would value and cherish public Senator to fail civics. I even failed cation, not only has she spent millions education and make it a live-changing Spanish and English. When you fail of her own money focusing on edu- experience for every student in those Spanish and English, no one considers cation, but she has a set of fresh eyes. public schools. you bilingual, no one. They did call me, I will explain to you in a few minutes For the many reasons I have out- by the way, ‘‘bi-ignant’’ because I why that is so important if we are lined, I will vote against her nomina- could not speak in any language, and going to improve the quality of edu- tion tomorrow. I yield the floor. that is where I found my unhappy self. cation experienced in the rural areas, The PRESIDING OFFICER. The Sen- I have two major blessings in my life: like West Virginia or in South Caro- ator from South Carolina. a wonderful mother who believed in my lina, as well as the inner cities, from Mr. SCOTT. Mr. President, I appre- future, who encouraged me, who in- Chicago to Detroit and parts of South ciate the time. spired me, who did everything nec- Carolina as well. So that will be an im- I think we have had a very inter- essary to try to keep me on the right portant part of the conversation as we esting debate on Betsy DeVos and track, and I had a powerful mentor. move forward. frankly on public education. Listening I am so thankful that during the The second thing I have heard from to my friends on the left, I have been hardest times of my life, I found myself my constituents that I think is really encouraged, encouraged because I am in the position to receive a quality edu- important is that she doesn’t support excited that for the first time in a very cation, and I learned from my sopho- accountability equally for charter long time, we are actually having a more year forward to take advantage schools and other public schools. conversation about the important role of that positive, strong opportunity for I had a chance to talk to Betsy of public education in America. This is a quality education, but that was not DeVos, and I would not support her if a necessary component to success in always the case. she was not going to treat all the life. I remember by the time I was in the schools the same as it relates to ac- I have been inspired, inspired by Sen- fourth grade, I had gone to four dif- countability. That is important, and ators who have spoken eloquently and ferent elementary schools because that is a place where she has been crys- passionately about the importance of there is something transient about tal clear, from my perspective. our public education system, the chal- poverty. So we moved around some. The third issue I have heard is that lenges they fear might come with the Picking the right school was difficult, supporting Betsy DeVos will somehow appointment of Betsy DeVos to be Sec- challenging. So, for me, when I think ruin public education. I will tell you, I retary of Education. about this topic, when I hear my have had the chance to sit down and I have also been disappointed and friends on the left, when I think about chat with her about the role of public frustrated by some of the statements the debate around the Nation, this is education. She agrees with many on made by my friends on the other side. simply a clear debate and discussion our side of the aisle, when she said very What this is not, what this should not around education. It changed my life clearly, she supports public education. be is a partisan issue. This is not an for the better. She supports quality public education. issue of Republicans versus Democrats. I will tell you, this is not a Repub- She supports charter schools. She sup- That is not what this is about. This is lican or a Democratic issue. Both Re- ports school choice. not even a political issue, nor is this an publicans and Democrats around this I do not believe there is a binary issue about teachers. Nation—maybe not in this Chamber choice between public education and I, for one, am so very thankful for in- but around this Nation—support Betsy school choice. I think that is not an ac- credible teachers. I think of Mrs. DeVos to be the next Secretary of Edu- curate description that we face. I think Lynch, Mrs. Greenberg, my fourth cation, and that is good news. she will help to improve public edu- grade teacher, Mrs. Wynn—God bless Let me just talk for a few minutes cation. her soul. I was a handful. I think of about Betsy DeVos. I have listened to One of my friends on the left said Coach Roberts and Mr. White. We the concerns as we have heard from the that public education is a right, but for called him Mighty White, Mr. White. Senator from Pennsylvania. Tens of too many of our children quality public What an amazing English teacher I had thousands of folks have called the of- education is not. It is simply not hap- in my senior year. Ms. Barry and Ms. fices of all Senators, to include mine. I pening. Myers, wonderful Spanish teachers. have been on the phone, answering the I will tell you, as I think about the This is not about teachers. It is not phone in my office so I could have a numbers around this concept, I look at necessarily about Betsy DeVos, not chance to chat with my constituents those schools around the Nation that

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.102 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE S768 CONGRESSIONAL RECORD — SENATE February 7, 2017 meet or exceed our national standard Philadelphia is another place. For 53 sion, and I have decided I don’t want to in the area of English or language arts. percent—barely half of the majority make it happen. I want to give the In my home State, in the county students—meet or exceed the stand- States and the local school districts where I was born, Charleston County, if ards; 24 percent of African-American the opportunity to make their own de- you break it down—and this is a debate students and 23 percent of Hispanic cisions, which does lead me, of course, that has become a debate so often students meet or exceed the standards. to my support and her support of about where you live and what you What does that mean? That means school choice. look like so I wanted to break it down that while we are having a debate I would submit that most of us in by the demographics I have heard so about education, while we are having a this Nation support school choice. I often from my friends on the left be- debate about Betsy DeVos, maybe it is know that is a controversial statement cause these are important demo- not about Betsy DeVos. Maybe it is not and one you have to back up with graphics. It is very important for us to about the great teachers I have had facts. Here is a fact: The fact is that we understand and appreciate the neces- and others have had. We should all cel- as a nation consistently support school sity of improving quality education for ebrate quality public education. I do. I choice. It is called a Pell grant. A Pell all of our students. am a tremendous supporter of it, but grant is a Federal subsidy that often- I see in Charleston County meeting there is a place in this Nation—from times goes to private schools—colleges. or exceeding the English standards Appalachia, the rural areas in West Unfortunately, many kids who do not that we have set, that 78 percent of our Virginia, the rural areas of South Caro- meet or exceed the standards in White kids are doing just fine in meet- lina, inner cities that I have just English, math, and science will never ing and/or exceeding those national named—where a quality education is experience the Pell grant because they standards, but, unfortunately, only 24.4 not the norm. As a matter of fact, the don’t go on to a 2-year or a 4-year edu- percent of our Black students meet or exact opposite is the norm, and that cation. They don’t go to a technical exceed those standards. I heard that of means we all will pay a hefty price, not school or to a college. They don’t find the Hispanic students in Charleston financially because that is secondary. themselves experiencing what we as a County, only 27.7 percent meet or ex- We lose human potential when it is not Federal Government provide—a clear ceed those standards. developed, and that is a travesty, one and specific option to take your Fed- I will tell you that if you think about that we can ill afford as a nation. eral dollars to your private colleges. where we are, as a nation, on the issue While I am seriously concerned about We all seem to support school choice; of public education and if you drive our debate on Betsy DeVos and I am se- we just don’t seem to support it for into some of the inner cities, like Chi- riously concerned about public edu- those kids trapped in failing school dis- cago or Detroit or Philadelphia, you cation, I am very concerned about the tricts and underperforming schools. have to ask yourself: What is the expe- quality outcomes not being experi- Those kids will not see the Pell grants rience of that child in public edu- enced by our rural kids and our inner- so often. Too often, too many of those cation? Because I think this is the cen- city kids, and far too often we forget to kids will not see a Pell grant, which is tral debate for our country. It is have a debate about the children in the absolutely, positively, unequivocally around education because a poor edu- system. We have a debate about the school choice. cation has a strong correlation with system, we have a debate about the I will state that I am hopeful. I am our incarceration rates. A poor edu- Secretary of the system, but we hopeful because I believe that men and cation has a strong correlation with haven’t thoroughly vetted the accom- women in this Chamber are sincere and high unemployment rates. A poor edu- plishments or the lack of accomplish- serious about the debate around public cation has a correlation with low life- ments within that system. So we ought education. And I will tell you there are time income. not cast a shadow over all public edu- reasons to believe that in spite of the So the importance of the issue of quality education—particularly in cation. We should, however, illuminate dismal performance that I have read, those places in our country that seem or cast a bright light into problem there are reasons to be hopeful that the to be under tremendous stress—we areas and look for options to improve future for those kids in public edu- should drill into the numbers so we can the outcome for those kids not only cation can get better—significantly appreciate what the future looks like trapped in a failing system but for the better. As I wrap up my comments, let me for those kids. This is such an impor- rest of their lives playing catchup. reflect upon what is possible for kids tant issue. That is where our focus should be. In Chicago, 65 percent of our major- We have heard a whole lot of hyper- who were underperforming to become ity students meet or exceed the stand- bole about what the next Secretary of high-achieving. So often we label those ard in English or language arts, but Education can do, as if that person kids as at-risk kids. I prefer to call only 22 percent of our African-Amer- could somehow with a magic wand them high-potential kids. There are ex- ican kids meet or exceed the standards; change education. That is patently amples in this Nation where those kids 29 percent of our Hispanic kids in Chi- false. It would take action by this Con- who were performing so poorly, accord- cago meet or exceed the standards. gress to have that happen. The reality ing to the third grade statistics, What are the numbers in Detroit? of it is that while it is an important around meeting or exceeding expecta- Well, in Detroit, only 13 percent of our position, she cannot act unilaterally, tions, according to ESSA, those kids, majority students meet or exceed those and the one commitment that I made later in life and in different programs English standards; 9 percent—1, 2, 3, 4, sure I had from her—she viewed the and in New York City specifically, are 5, 6, 7, 8, 9 percent—of the African- world of education in the same para- doing incredibly well. Let me give a American kids meet or exceed those digm as I do, which is we don’t want a couple of examples, and I will close standards; 12.5 percent of our Hispanic top-down approach to education; we ac- with this good news and more to be kids meet or exceed those standards. tually want school districts and local continued later this morning. Just correlate those numbers to the in- communities and counties and States There is a group of schools called carceration rates, to the employment to lead the charge, because about $550 Success Academies which are public rates, to the lifetime income rates, and billion that supports public education charter schools that are performing at to the rate of hopelessness in those doesn’t come from the Federal Govern- the highest levels in the State of New communities. ment, it comes from the States and the York. Here is the good news: These I know we are having a debate about local school districts. That is where kids are 87 percent African American the Secretary of Education. It is an im- the decisions should be made. and Hispanic. And I went through the portant debate, but a more important I am a supporter of school choice; numbers earlier—dismal numbers debate centers around the educational however, it would just be an option meeting or exceeding standards in experience of our students all over this under the best-case scenario where English. The numbers are very similar Nation and what that means long term States would have more options at the in math. They are very similar in for this Nation and for the students cafeteria. I don’t want to mandate and science. But here is what is possible: In and for our communities all over the she is not going to be able to mandate all the New York State schools, the country. school choice. That will be our deci- top-performing schools in the State—

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.104 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE February 7, 2017 CONGRESSIONAL RECORD — SENATE S769 looking at their performance, 94 per- path to acquiring a salary that is actu- if we could say that every single city in cent success rate in math, 82 percent in ally worth something. In fact, the Pre- America, every single urban district English, 99 percent in science. To break siding Offer and I have a bill together and every single rural district where those numbers down as I did earlier that would allow students to use Pell there are poor children and kids of with the African-American and His- grants for those kinds of educational color going to school that we had in- panic students, in math, here is how opportunities that may not get you to creased the graduation rate over the you reverse the achievement gap: 93 a college degree but will put you on the last 10 years by 60 percent, I think we percent of African-American Success pathway to acquiring greater skills. would feel a lot better about where we Academy scholars outperform the ma- I think it is very important that we are headed as a country. jority of students in New York City. have a system where people are acquir- That is a fundamental challenge for Eighty percent of them are African ing that kind of knowledge, but it also this country. It is the most important Americans and 80 percent of them are is true that it is, I think, completely at domestic issue we face, and I hope this Hispanic. They are at 80 percent. war with who we are as Americans; debate tonight, this 24 hours we are You see, Mr. President, with the that there is a class of people in the spending on this nominee, is not the right focus, with the right emphasis, United States, in the land of oppor- end of our debate. with options like a cafeteria, when par- tunity, who because they are unlucky As I said the other day in the Health, ents have a choice, the students have a enough to be born poor, are unlucky Education, Labor, and Pensions Com- chance not just in education but a bet- enough to go to schools that nobody in mittee, I think it would be a useful ex- ter chance in life. this Chamber would ever be content ercise for that committee to spend the Thank you, Mr. President. sending their kid or their grandkid to. next year studying what is going on in Mr. BENNET. Mr. President, I sug- In fact, if we had the results that we public education in this country, what gest the absence of a quorum. have for poor children in America for is working well, what is not working The PRESIDING OFFICER (Mr. the children and grandchildren of the well, and figure out how we can work— SASSE). The clerk will call the roll. Members of this body, I am sure we the Federal Government can work— The bill clerk proceeded to call the would all leave and go back home and with States, local governments, and roll. fix this problem. We don’t talk enough local school districts to provide the Mr. BENNET. Mr. President, I ask about the State of public education in kind of opportunity that every kid in unanimous consent that the order for this country. We almost don’t talk America deserves. the quorum call be rescinded. about it at all. With that, I yield the floor. The PRESIDING OFFICER (Mr. We just had a Presidential election in I suggest the absence of a quorum. RUBIO). Without objection, it is so or- this country where the issue didn’t The PRESIDING OFFICER. The dered. come up almost at all. I am glad we are clerk will call the roll. Mr. BENNET. Mr. President, the having the debate, and I strongly be- The legislative clerk proceeded to hour is late, or early in the morning, lieve that the person President Trump call the roll. and my colleague from Hawaii is here. has nominated is ill-equipped to help Mr. SCHATZ. Mr. President, I ask Before I leave the floor, I want to say the country overcome the challenges unanimous consent that the order for how pleased I am to see the Senate ac- we face in public education and put us the quorum call be rescinded. tually debating the state of education on the path we need to be on, which is The PRESIDING OFFICER (Mr. in America. a path that says that we are going to DAINES). Without objection, it is so or- I said earlier today when I was here provide in the United States robust, dered. that if you are born poor in this coun- high-quality early childhood education Mr. SCHATZ. Mr. President, I wish try, you arrive at kindergarten having for every family in America that wants to tell a story about Evelyn, a young heard 30 million fewer words than your it. woman I met from Molokai, which is a more affluent peers, and if you are born We are going to have a system of small rural island in the State of Ha- poor in this country, by the time you public education in this country that waii. It is the kind of place that has get to the fourth grade, only about one provides a K–12 school for every single one radio station, one high school, and in four kids is proficient in mathe- child in America that is a school that everybody knows everybody. Of course, matics, fewer than that are proficient any Senator would be proud to send everyone in town knows Evelyn. readers. What it all adds up to is that their kid. We are going to make sure They were all so very proud of her if you are poor in the United States, that every young person in the United when she invented a pH sensor that can your chances of getting a college de- States, and maybe even people who detect even small changes in the gree by the time you turn 25 are about aren’t so young, has the ability to ocean’s environment. Her device is 9 in 100. graduate from college or acquire the nothing short of groundbreaking. It is I often think about that when I am in skills and knowledge they need to com- actually more accurate than the de- this Chamber because there are 100 pete in the 21st century and do that vices that marine scientists at our Fed- desks here, and if we were poor kids without acquiring a mountain of debt eral agencies have been using, and it is living in America, the desks that would that requires them—in the case of peo- way less expensive. It is an estimated be occupied by college graduates would ple graduating now from colleges in 1⁄42nd of the price, and it requires half be the three desks that my colleague Colorado—to take 22 years of their the maintenance. from Hawaii is sitting at in the front lives to pay that debt back. It doesn’t This invention makes Evelyn an ac- row over there, the four desks behind make any sense. complished scientist, an innovator, an him, and then two more desks in the This is the land of opportunity. The entrepreneur, and a passionate ocean following row. Every other desk in this gateway to opportunity is a high-qual- steward, but she is also a junior in pub- Chamber if they were occupied by poor ity education, and too many of our lic high school, Molokai High School. children in this country, would be oc- kids in this country in the 21st century She is proof that our public school stu- cupied by somebody who didn’t have a don’t have access to it. My hope is that dents can compete and innovate at the college degree. when we get through this debate, we highest levels and that public schools Sometimes people say to me: Well, can focus on the work that is hap- can be a path to just about anything, don’t you know that not everybody will pening in places like Denver, CO, where which is why public schools and public go to college. College isn’t for every- we have seen, in just a 10-year period, education are to be held up and sup- body. I find that when people say that, a 60-percent increase in the number of ported and understood as the great they are often talking about other peo- kids who are graduating from high equalizer, the bedrock of our democ- ple’s children, not their own children. school. racy, our civil society, our country. Even if that is true—and I do believe I am the first to say that we have a You can trace back the history of pub- we should build a robust system in this long way to go in Denver in terms of lic education in America to the Origi- country that is not about a college de- making sure that a kid’s ZIP Code nal Thirteen Colonies. In 1635, boys in gree but is about acquiring skills and doesn’t determine the education they Boston could get a free education, and knowledge that can put people on the get. I said earlier tonight and I believe by 1647, the Massachusetts Bay Colony

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.105 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE S770 CONGRESSIONAL RECORD — SENATE February 7, 2017 required every town to provide boys a bility and cannot be left to those who have There is abundant brain science now basic education. never worked directly with children in need. that confirms every parent’s instinct, Some 340 years later, our public edu- These are children who experience school which is that the first 5 years of a cation system has come a long way, as a safe place when they are valued, fed and educated. This serious responsibility of pub- child’s life—of an infant’s life into but some things don’t change. Our lic education in no way can be left or re- being a toddler, then to being a little communities still understand how pub- placed by a voucher system. kid—those first 5 years are the most lic education lays a foundation for suc- Here is another message from a con- important years for a child. Now we cess. It gives every American the stituent on the Big Island: don’t have to just use our instincts be- chance to pursue their dreams. But the My family has very strong ties to the edu- cause there is abundant brain science nominee for Secretary of Education cation community—many of which are or and data that have come in that have doesn’t seem to understand that, which were educators. My husband is an English as shown, in terms of the efficacy of a is why we see constituents flooding the a second language teacher, and my mother- Federal dollar spent, there is nothing phone lines, Facebook and Twitter, in-law is currently a third grade teacher, so that has a greater impact in terms of faxes, and the in-boxes of U.S. Sen- this issue cuts deep in our beliefs. We at a reducing social service spending, in ators. minimum deserve a leader with some experi- terms of economic development, than In terms of pure volume, this last ence and who knows at least some of the investing in early childhood education. week has been the highest point for laws already in place as well as how to en- force them. We can decide to adhere to common- American interaction with the U.S. Mrs. DeVos has never known what a child sense accountability standards to en- Congress in our history. Think about from Milolii has to do just to get a good edu- sure a high-quality education to all that. Think about what we have been cation. She has never had to make the choice children, regardless of who your par- through as a country together, and yet, to go to college or to stay home, try to save ents are or where you live. We can de- this week and last, more people have money while also helping to support her cide to invest in wage-boosting appren- called their Members of the Senate household. Neither her nor her children had ticeship careers and technical edu- to question if she can afford out of state tui- than literally ever before because that cation. We can make college more af- is the level of passion people feel for tion. She does not represent our plight and she does not know our challenges. fordable so our students can access public education and because Ameri- I ask you from the pureness of my heart as higher education without taking on cans across the country are concerned a mom who wants what is best for not only crushing debt. and worried about what will happen to my child, but for every mother’s child, to But to accomplish these goals, we public education under Betsy DeVos. please demand an educational representative need an excellent Department of Edu- My office alone has received thousands with experience and our values in mind. cation to make it happen because the of messages about her nomination. Here is a message from another par- agency is responsible for implementing I just want to be clear about this. ent: Congress’s decisions. It is up to the ex- There are certainly advocacy organiza- This is not about which side of the polit- ecutive branch to ensure equal access tions that make it easy for you to con- ical arena you fall upon. I believe there are to education and to promote edu- tact your Member of Congress. They many Republicans and Democrats who are cational excellence throughout the Na- have form letters. They have Web far more qualified and knowledgeable than Mrs. DeVos. Our kids deserve better. tion. That is literally the mission forms. They make it easy. They popu- statement of the U.S. DOE—to ensure She is right—our kids do deserve bet- late the thing. They pop off an email, equal access to education and to pro- ter. But right now, not all of them are and you just sign at the bottom. That mote educational excellence. And that getting the education they deserve. A isn’t what I am talking about. These is the way I look at the Secretary 2016 report found that half a million 15- are organically generated, individual nominee. Is she committed to ensuring year-old students in the United States letters from across the State of Hawaii. access—equal access to education and haven’t mastered the basics in any sub- Talking with colleagues, that is what promoting educational excellence? is happening. People are, on their own, ject—not math, not reading, not The Secretary of Education is re- calling because everybody has a story science—and more than a million sponsible for the mission of overseeing about public education. Everybody has scored below the baseline level in a $36 billion budget in K–12 and about a reason to be passionate about public science. $150 billion in higher education fund- education. Let me share a few of these U.S. News and World Report noted ing. This person is responsible for en- concerns. that if we could pull those kids up to a forcing key civil rights protections for A parent on the Big Island of Hawaii basic understanding, our economy our students. This person advises the wrote: could grow by an estimated $27 trillion over the time period that these stu- President on all things education in As a mother of two, and as a woman who the United States, whether it is a pol- went back to graduate school in her 50s, I un- dents are in the workforce. Set aside derstand the importance of free education in the human impact for a moment. Set icy that will affect a local public public schools as a fundamental American aside the family impact. If all you care school or a policy that will impact mil- right, one which can create a lifelong love of about is economic development, we are lions of student borrowers. education and learning. leaving $27 trillion on the table because Up until this moment, every Sec- A constituent from Kihei, Maui, we are not lifting up every child to retary of Education who has served in wrote: learn as much as they possibly can and the President’s Cabinet has had the re- Public schools are not failing. We, as in reach their potential. sume required to take on these respon- our American culture, are failing them. In too many places, we are failing sibilities. Another one from Kahului, Maui, these kids. The impact is both negative Shirley Hufstedler was the first Sec- wrote: and far reaching. Our failure impacts retary of Education to be in the Cabi- Children are not a business, they are not a their ability to go to college or learn a net, serving under President Carter. As commodity. Public education has its issues trade, to make a decent paycheck, to the daughter of a schoolteacher and a (of course it does), but privatizing teachers provide for their family, and to pursue part-time teacher herself, she was also and turning education into an opportunity the American dream. But we don’t a trailblazing lawyer who was consid- for the rich to get richer on one of the last have to fail these children. This Con- ered a favorite to be the first woman social services we provide to everyone in this gress can make choices that will im- nominated to the Supreme Court. country is not the answer. prove education for all. We can make, Terrel Bell was a teacher, a pro- Here is one from a teacher on the is- instead of break, the future for our fessor, and then a superintendent of a land of Molokai: kids. We can decide to increase funding school district in Utah before he served The nominee for Secretary of Education, for disadvantaged students. We can de- under President Reagan. Betsy DeVos, has zero experience serving in cide to protect our students from bul- William Bennett was a professor at public schools and is not qualified for the job. I do not believe she understands the lying, sexual harassment, and gun vio- three universities who released re- needs of our students and what effort it has lence. We can decide to set up children search about higher education curricu- taken to move our schools as far along as we for success with universal access to lums before heading the Department to have. Public education is a great responsi- early childhood education. serve under President Reagan.

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.107 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE February 7, 2017 CONGRESSIONAL RECORD — SENATE S771 Laurel Cavazos was dean of Tufts without citing them. In one response, in the schools to protect from potential Medical School before becoming presi- she wrote, ‘‘Every child deserves to at- grizzlies.’’ dent of Texas Tech University. He tend school in a safe, supportive envi- This would be hilarious if it weren’t would go on to be the first Secretary of ronment, where they can learn, thrive so serious. This would be hysterically Education for President George H.W. and grow.’’ Fine. Well, an Obama offi- funny if this weren’t the person who is Bush. cial used the exact same language in a about to become our Secretary of Edu- The esteemed Senator ALEXANDER press release regarding the rights of cation. served as Governor of Tennessee and transgender students, but she did not When asked whether she would sup- president of the University of Ten- cite that official or the press release. port President Trump if he, as prom- nessee before becoming President In another example, she answered a ised, moved to end gun-free zones Bush’s Secretary of Education. question about title IX investigations around schools, she said: ‘‘I will sup- Richard Riley championed funding in the following way: ‘‘Opening a com- port whatever the President does,’’ and support for education as Governor plaint for investigation in no way im- even if that means moving guns into of South Carolina before leading the plies that the Office of Civil Rights has schools, allowing guns in schools. She Department of Education under Presi- made a determination about the merits added: ‘‘If the question is around gun dent Clinton. of that complaint.’’ That is the exact violence and the results of that, please Rod Paige was a professor, a dean, an language the Department of Education know that my heart bleeds and is bro- innovator in education, and the super- uses in its own guidance. There is noth- ken for those families that have lost intendent of the Houston school dis- ing wrong with citing a source, espe- any individual to gun violence.’’ trict before he served under President cially when that source is the Depart- DeVos refused to agree with Senator George W. Bush. ment you want to run, but it has to be TIM KAINE that all schools that receive Margaret Spellings advised then-Gov- cited. That is one of the first things public Federal funds—traditional pub- ernor George Bush on education in you teach a child in seventh and eighth lic, charter, or private schools that re- Texas before becoming his second Sec- grade when they are trying to learn ceive voucher money—should be held retary of Education. how to do research—cite your sources. to the same standards of account- Arne Duncan served as the CEO for But the central issue isn’t the lack of ability. Chicago’s public school system before a seriousness of purpose during the A little background on this issue. I joining the Obama administration as hearings and in the questions for the have a great charter school movement Secretary of Education. record, although I think that was what in the State of Hawaii, but the deal we John King, Jr., was the commissioner caused the Nation to kind of wake up have struck—and it is imperfect, and of education for New York and Deputy and rise up about the challenge in front they are always arguing about fixed Secretary of Education before he led of us when it comes to public edu- costs and capital costs and all the rest the Department as Secretary for Presi- cation. This was not part of some mas- of it, but the basic bargain when char- dent Obama. ter strategy on the part of Democrats. ters work is that they are legitimately Every Secretary who has led the De- What happened in those hearings is a public school. What does that mean? partment came to the job with a his- that MICHAEL BENNET, AL FRANKEN, That means they are held to the same tory in government or in the class- CHRIS MURPHY, and ELIZABETH WARREN standards as traditional public schools room. They served as elected officials just did their jobs and asked questions. because to the extent that you have or as policy advisers in the executive If you told me that a clip about the two categories of public schools with branch or worked as administrators or distinction between proficiency and different metrics, then you are basi- educators. But now this administration growth—I mean, that is the wonkiest cally playing a game, trying to divert is asking us to make an exception by thing in the world. But what happened money from one to the other. confirming someone who really doesn’t was 2 million people or more saw that OK, so TIM KAINE’s question was ex- have any relevant experience. She has on Facebook. This wasn’t part of our actly right. If public money is in- never served in the government, never political strategy. What happened was volved—whether it is vouchers to a pri- taught in the classroom, never man- that people saw the hearing and got vate school, school choice to a charter aged a school district. very worried that we will have the school, or a traditional public school— One woman from Oahu wrote me to wrong person in charge of public edu- shouldn’t we measure each school’s say: cation policy at the Federal level. So success in the same way, just to be fair? She is supremely unqualified to lead the you have people left, right, and center. KAINE said: If confirmed, will you in- department. As a retired public school teach- You can ask the Senate Republicans er—30 years both in regular and special edu- whether they are getting phone calls sist upon equal accountability in any cation—I am aghast that she is even being too. They are getting phone calls too. K–12 school or educational program considered. When one is being nominated to This is not a Democratic strategy. that receives taxpayer funding—wheth- uphold Federal education laws and is ‘‘con- What is happening is that we have the er public, public charter, or private? fused’’ by what IDEA entails, it becomes wrong person who may be confirmed as DeVos said: I support accountability. very apparent that this person is a poor KAINE said: Equal accountability? choice for this position. the Secretary of Education. DeVos: I support accountability. The central issue is that there re- KAINE: Is that a yes or a no? Another letter I got from an educator main concerns around Mrs. DeVos’s reads: DeVos: I support accountability. basic understanding of education pol- KAINE: Do you not want to answer I taught in both public and private schools icy. During her confirmation hearings, my question? for 10 years on the mainland before moving there were several moments when she DeVos. I support accountability. to Hawaii and teaching for more than 15 ad- didn’t seem to fully grasp the impor- ditional years. Watching video clips on the This is someone who either did not news of her Senate hearings, it is appalling tant parts of Federal law on education. prepare for the hearing or is basically to see how little she knows about the topic The Washington Post actually pub- walking into this hearing saying: I of education. I worry for all of our children. lished an article called ‘‘Six aston- have the votes. I don’t have to answer I worry for our country. Please, if you can, ishing things Betsy DeVos said—and your questions. I don’t have to reassure do what you can do to see that we get some- refused to say—at her confirmation the parents, teachers, and students who one more qualified to help guide our children hearing.’’ are desperately worried about what is and our country. HELP! DeVos refused to agree with a Democrat going to happen to public education be- Everything that has happened since that schools are no place for guns, citing one cause I have the votes. Mrs. DeVos has been nominated has school that needs one to protect against griz- KAINE said: Let me ask you this. I unfortunately only confirmed the con- zly bears. think all schools that receive taxpayer cerns I heard from constituents. Be- When Senator Chris Murphy asked her whether she would agree that guns don’t be- funding should be equally accountable. cause her hearing was so short, Sen- long in schools, she said, ‘‘I will refer back to I mean, he is so polite, but he is also ators followed up with written ques- Senator Enzi and the school he was talking very lawyerly. So he asked the ques- tions, and in some cases, her responses about in Wyoming. I think probably there, I tion 14 different ways, trying to get the lifted language from other sources would imagine that there is probably a gun answer.

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.108 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE S772 CONGRESSIONAL RECORD — SENATE February 7, 2017 Do you agree? which has been most influenced by the gan, where Betsy DeVos played a major DeVos: Well, they don’t. They are not policies that Mrs. DeVos champions. I role. today. would like to read a few excerpts from And the higher-education institutions that KAINE: Well, I think they should. Do it. authorize them, often have financial incen- you agree with me? Three months into her son’s first pass at tives to keep the schools open; charter net- Well, no. third grade, Arlyssa Heard had a breakdown. works give authorizers a percentage of the KAINE, interrupting her, said: You Judah was bright, but had begun calling funding. don’t not agree with me. And then he himself stupid. The chaos of Detroit’s precar- So the agency, which is often a uni- moved on to another topic. ious education landscape had forced him to versity or some other institution, actu- DeVos appeared to have no idea what switch schools every few months, leaving ally gets a cut of the revenue for au- him further and further behind. AL FRANKEN was talking about when There was no central system to transfer thorizing. So they have a problem say- he referred to the accountability de- Judah’s records when he moved, and accord- ing: This charter must be shut down— bate about whether to use test scores ing to Heard the school where he started the because that costs them money. to measure student proficiency or stu- 2014–15 academic year had a single teacher In some States in exchange for that rev- dent growth. assigned to 44 third-graders. Heard was vir- enue, charter authorizers are encouraged to I mean, there is a debate about stu- tually alone in trying to deal with the fact provide support and accountability, but not dent proficiency and student growth, that her boy, then 8, could write only the in Michigan, where the trustees of the col- and I won’t bore you with the details first two letters of his name. leges doing the authorizing are appointed by Heard says she was one of the parents De- except to say that I don’t expect reg- the governor. ‘‘Not even the governor has the troit Public Schools turned to when it need- authority to shut down chronically low-per- ular folks out there to be into the ed a strong family showing at a rally or com- forming charter authorizers in Michigan,’’ weeds about the difference between munity members to serve on a task force. Education Trust-Midwest noted in a report proficiency and growth. I get how She was running for the Detroit School released last week, ‘‘despite the fact that wonky that is. I absolutely expect the Board. But when she needed help, she had no- such authorizers serve nearly 145,000 Michi- Secretary of Education nominee to where to turn. gan children—and their charter schools take know about this. ‘‘Here I was this advocate for education, in more $1 billion annually.’’ I mean, even if you are brand new to and I couldn’t find a place for my son,’’ she Critics say this is especially problematic says. ‘‘I was crying in the principal’s office because almost all of Detroit’s charter the topic, if you just have smart people and I said, ‘I don’t know what to do.’ The schools are run by for-profit companies. in the room who briefed you on it—10 principal said, ‘I don’t either.’’’ Think about that. This is public edu- hours maybe—you would be ready to The scope of the problems plaguing Detroit talk about proficiency and growth. schools—both traditional district schools cation. Right? These are public dollars. This is what I am talking about when and charters—is almost unfathomable. Ac- Suddenly, they are going to for-profit I talk about a lack of preparation, a cording to the most recent National Assess- companies. It would be one thing to lack of humility around what advice ment of Educational Progress, only 4 percent have the old talk from Members on the of Detroit’s eight grade students can read other side of the aisle: We should run and consent means, and the Senate has and perform math at grade level, the lowest an obligation to take every nomination government like a business. Well, if the rate among the nation’s big cities. point is to run things efficiently to do seriously. Schools aren’t located where families need more innovation, fine. If the point is to FRANKEN noted that the subject has them— try to suck as much revenue out of the been debated in the education commu- Think about this— nity for many years and said, when she taxpayer as we possibly can and deliver and campuses often open and close with no a minimal service, you know, I don’t didn’t weigh in and just looked at him coordination or notice. Over the last six without much of an expression on her years, most schools in the city have either think we should run the public edu- face: It surprises me that you don’t opened or closed—or both. In one neighbor- cation system like that kind of a busi- know this issue. hood in the city’s southwest quadrant, home ness. In this case, it is not running it But it is not just issues like account- to a large Latino population and a number of like a business; it is running a business ability or guns in schools that concern industrial zones, a dozen schools opened or with Federal and State tax dollars. closed in the span of 18 months. And when a The private businesses aren’t required to me. On a whole host of issues, Mrs. parent shows up to find a child’s classroom DeVos’s views are far out of the main- disclose their earnings, but a 2014 investiga- abandoned, good luck finding a new one. tion by the Detroit Free Press suggests prof- stream of education policy. There are more than 200 schools with rough- its are huge. I want to highlight four policy areas ly 50 different enrollment processes and al- During the 2012–13 school year, the paper where Mrs. DeVos’s views are beyond most no standard for performance. found, traditional Detroit public schools my line in the sand. Let’s start with K– Some 44 percent of the Detroit students spent an average of about $7,000 per student 12 education. I think we can all agree are enrolled in charter schools, the second- in the classroom. Charter schools spent that this country has work to do when highest rate in the Nation, behind New Orle- about $2,000 less per pupil. ans. One of those schools is the Detroit Lead- it comes to public education. But I am ership Academy, which two years ago was They are getting the same amount of worried that Mrs. DeVos would prefer solidly at the back of a flagging pack. Abut- money, and they are spending $2,000 to privatize our public schools instead ting a crumbling freeway access road in the less per kid. Yet they spent double that of improving them. city’s working-class Castle Rouge neighbor- rate on per-pupil funding on adminis- Take a look at her track record. She hood, several grades at the school’s elemen- trative costs. That is their skim. That has fought to strip away protections tary campus did not boast a single student is their profit. reading or performing math at grade level. around K–12 education and introduce a Meanwhile, the oversupply of seats in for- During the summer of 2015, a network of profit schools has arguably kept nonprofit profit motive into our education sys- three charter schools called Equity Edu- charter networks with better track records tem. She has lobbied for vouchers and cation Solutions—which unlike most of the out of the market. for for-profit schools. She has been rel- city’s charter operators is a nonprofit—was atively successful in her lobbying ef- tasked with turning the school around, a re- So they really are operating like a forts. In her home State of Michigan, start required under law because of its con- business, like an airline; right? They she had an enormous influence on the sistently poor performance. Central Michi- are operating like a credit card com- State’s approach to education. gan University, the authorizing entity that pany, a financial services company. I Now, I would point any Senator on granted the school permission to exist, told mean, this is the private sector at the fence about her nomination to look the fledgling network it had 8 months to fix work in public education. There are things. at this case study because it speaks In reality, the operators of Detroit’s char- some private sector models where I volumes. In 2000, Michigan fourth and ter schools almost never close them because think: Hey, let’s have a partnership fifth grade students had higher than of poor academic performance. So even a with the Department of Education to average test scores in math and school where no child is achieving at grade try to see how much clean energy we English. level can continue enrolling new students. can develop. Let’s work with the De- Fifteen years later, students now per- That is school choice for you. That is partment of Commerce on export pro- form below average. Last spring, the the charter school movement for you— motion. But there are some aspects of Atlantic published a fascinating article not in every instance, but this is how it what the government does that are not about Detroit’s education system, manifested itself in the State of Michi- a good fit with the private sector. This

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.109 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE February 7, 2017 CONGRESSIONAL RECORD — SENATE S773 is one of them. This is not some ideo- Here is her response: to the extent that charters are just logical test. It is just not working. I look forward, if confirmed, to working cover for privatizing public education, We are ripping off our taxpayers, and with you to talk about how we address the well, now it is going to be a fight. Now we are giving a bad value to the stu- needs of all parents and all students. it is going to be a fight. dents who deserve better. We acknowledge today that not all schools We have some great charter schools are working for the students that are as- The Senate bill under consideration at the in my home State of Hawaii. They are signed to them. I’m hopeful that we can Michigan statehouse would have created a work together to find common ground and doing innovative things for their stu- Detroit commission with the power to ways that we can solve those issues and em- dents, and that is something we should change all of that. The leaders of the Michi- power parents to make choices on behalf of all support, but when Mrs. DeVos talks gan Association of Public School Academies, their children that are right for them. the main charter lobby association, and about charter schools, she is not talk- some of Michigan’s for-profit management I don’t know what that means. It is ing about those schools. She is talking companies have long lobbied against policies not a complicated question, right? I about privatization. that would have tightened accountability. mean, certainly in the United States The rallying cry behind privatization The most influential of them is Betsy DeVos, Senate, you get a lot of complicated is often school choice, but choice a major player in Michigan’s Republican questions, right, on the Senate Foreign doesn’t work as a practical matter in Party and in the efforts to widen the for- Relations Committee, on the Edu- many places across the country. In a profit sector. lot of communities, particularly in They have argued that proposals such as cation Committee. I happen to be the that put forward by the Senate bill disregard ranking member of the Communica- rural areas, school choice is not a prac- the needs of Detroit’s children. ‘‘Legislators tions Subcommittee on the Commerce tical response to the problems. There is should not give in to this anti-choice, anti- Committee, and half of what I say is no school down the road, right? There parent, and anti-student agenda aimed at totally unintelligible to people who is no little Catholic school. There is no protecting and maintaining the status quo don’t work in tech and telecom. private charter school. There is no pub- for deeply entrenched adult interest groups,’’ But this is a very straightforward lic charter school. There is just the Betsy DeVos opined in the Detroit News. question. The question is, Do you school, right? Because the town is too ‘‘After all, since DPS has lost 75 percent of small to have multiple options. their enrollment in the past decade, haven’t promise not to work on privatizing Detroit parents already voted resoundingly public education? And the answer is ba- So when you talk about taking—and by fleeing for higher quality and safer sically: No, I don’t promise. I mean, it I heard a figure of $20 billion out of the schools elsewhere?’’ is a word salad, but it doesn’t mean K–12 budget which is not that—I mean, But critics, including Stephen Henderson, anything. And she was given a very it is $20 billion out of $36 billion—and the Detroit Free Press’s editorial page edi- easy opportunity to disavow her intent providing it for school choice and for tor, says it’s groups such as the DeVos foun- to privatize public education. charters, well, what about Alaska, dations that have an agenda. Privatization is not the answer. We right? What about Nebraska? What ‘‘House Republicans, for instance, are also standing in the way of [a bill] which would, should not be funneling taxpayer about the Dakotas? What about parts quite simply, slow the spread of mediocre or money into unregulated and unac- of Hawaii, where if you give a parent failing schools.’’ countable private schools. and a student a voucher, and they say: The article ends with a few para- We need to champion access to public Well, I have this voucher for private graphs about Arlyssa Heard, the advo- education and the accountability education, for charter schools, and yet cate described in the beginning of the measures that give all of our students there is only one school left, all you story. a chance to succeed. did was eviscerate the budget of the But in Michigan, Mrs. DeVos lobbied After enrolling her son in two more schools only school in your neighborhood. That that didn’t work, she found a small startup to block accountability standards for is how this is going to work as a prac- school that has strategies for helping Judah charter schools and lift the cap on tical matter. compensate for his ADHD. He had to repeat charter schools. These actions pushed I don’t know if that is the intent or the third grade, but has rocketed ahead. Now the number of unregulated, for-profit not. I honestly don’t know if that is he talks about becoming a scientist. operators of charter schools from 255 to the intent or not, but that is how it The realization that better is possible has 805. redoubled Heard’s willingness to make the would end up working. To drain money Now, this doesn’t mean that charter from traditional public education hurts trek to Lansing as often as parent voices schools are the boogeyman here, right? need to be heard. ‘‘Who are these people who people in small communities, in rural are making the decisions and why aren’t I mean, there may be some disagree- communities, and places where there is they in the schools,’’ she asks. ‘‘Why can’t ments between people who support no possibility of multiple schools. we know? Why can’t you just be accountable charter schools and people who support School choice can drain resources. to the people you are serving?’’ traditional public schools, but at the When a charter school opens up, the Now, during the confirmation hear- end of the day, the legitimate, main- public school has to divert resources ing, Senator BENNET, whom I greatly stream charter school proponents will from its students, and that is some- admire, and who is a former super- always want to be able to look you in thing I have heard about from people in intendent of the Denver Public the eye and say: Look, this is not about Hawaii. Schools, asked Mrs. DeVos how the pol- vouchers, and this is not about privat- One teacher whom I heard from who icy failures in Detroit might inform ization. This is about the flexibility to has worked for two decades in both Ha- her leadership at the DOE. innovate. They understand the basic waii and Michigan wrote this to me: She replied: I think there is a lot bargain in the charter movement has Ms. DeVos would be a disaster for public that has gone right. to be: OK. It is public education dol- education. She has never been a teacher to Senator PATTY MURRAY, a former lars, and there are a couple of things know what current educational practices school board president, asked if Mrs. that are mandatory, right? You have to consist of. DeVos would promise not to privatize comply with Federal and State law. Her advocacy for more unaccountable public education or cut funding. A You have to be subject to the same ac- (often for-profit) charter schools and greater pretty straightforward question. A countability standards, and you have use of vouchers so that students could attend private or religious schools would take need- pretty mainstream question, right? I to take all comers. So it is very impor- ed resources away from local public schools. mean, if you get sort of a mainstream tant to the mainstream charter peo- Her mission, in short, is to privatize public Republican nominee for Secretary of ple— education. I’ve witnessed firsthand in Michi- Education, they know how to answer I was interested to know because I gan what happens when schools privatize. this question. They may have a dif- have a good relationship with edu- DeVos should be opposed not only for what ferent view of common core. They may cation reformers and with the charter she could do, if confirmed, but for what she’s have a different view of the teachers’ movement, so when I heard about Mrs. done in Michigan. unions. They may have a different view DeVos, I was interested to hear what The DeVos family set up the Great Lakes Education Project, which has played a lead- on charter school choice. But every- they had to say. They were, in a lot of ing role in thwarting efforts to regulate body knows it is the third rail; you do ways, more alarmed than anyone be- charter schools in Detroit and, for the most not talk about privatizing public edu- cause they believed this would be the part, failed to deliver on their promises of a cation. death knell for real charters because, better education for students.

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.110 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE S774 CONGRESSIONAL RECORD — SENATE February 7, 2017 I just want to pause for a moment many of these for-profit colleges are cation Act, accreditation agencies are and thank all of the people who write also under investigation for fraud and supposed to be the ‘‘reliable authorities my office every day but in particular deception. Essentially, they have been as to the quality of education or train- the people who have been writing my lying to students and to State and Fed- ing offered’’ by institutions of higher office on all of these nominees because eral agencies to cover up how bad their education. That is the reason for mak- it wasn’t that difficult to pull these in- record is. ing accreditation a core criteria for re- credibly insightful, passionate, individ- Even while prosecutors go after these ceiving Federal funds. ually written letters, and this is hap- schools for fraud, they remain accred- How are we following the law when pening across the country. ited, and they continue to rake in Fed- accreditation reviews find that 99 per- You know, you get the pundits as you eral funds. cent of these institutions are providing leave the Senate. If it is the middle of Here are a few examples. Education an education of value? How can we say the day and not 2:30 in the morning, Management Corporation faces charges with a straight face that accreditors the media kind of comes to you, and of fraud and deception brought by pros- are acting as reliable authorities on they stick the microphone in your face, ecutors in 13 States and the Depart- educational quality? and they ask you about: Is there a new ment of Justice and was facing a law- Here is the problem—money. Incen- tea party on the left? suit to recover $11 billion in Federal tives are lined up against being critical All I can tell you is, there are mil- and State funds. Yet EMC is still ac- and against setting high standards. lions and millions and millions of peo- credited and still received $1.25 billion The problem can be traced back to the ple who are rising up. I don’t think from the U.S. DOE last year. funding and the governance of the ac- they are all on the left. I mean, when Ultimately, the Department of Jus- creditation agencies themselves. I saw those marches, there were lots of tice secured a $100 million settlement, First, accrediting agencies are fund- progressives, lots of people who believe and a separate coalition of State attor- ed by the same institutions they ac- in liberal and progressive causes, but I neys general reached another settle- credit. Colleges pay an additional fee also saw some people who have never ment for $102 million in student loan to become accredited and annual dues marched in their lives. I also saw some debt relief for former students. after that. They pay for site visits and ITT Educational Services was inves- people who just care about public edu- other services. tigated and sued by 19 States, the SEC, cation. They don’t even know what Second, accrediting agencies are run the CFPB, and the DOJ. It is also under their politics are, except they saw by and are overseen by the institutions scrutiny from U.S. DOE for failure to Betsy DeVos, and they said: No, this is they accredit. The member institutions meet financial responsibility stand- not what I voted for. This is not what elect their own academics and adminis- ards. They remained accredited until I want for my son or for my daughter trators to serve on the board of the ac- the day they shut their doors. Think creditation agency. So everyone is in or for my niece or my nephew. This is about that. They were still accredited on it, right? Everyone makes money not what I want for the country’s fu- by the U.S. DOE, right, until they were ture, which brings me to the second pretending this is fine. shut down by the U.S. DOJ. We have a system that is dysfunc- policy area that I think we ought to The year before, they received just tional, if not corrupt, in which it is far consider and that is for-profit colleges. under $600 million. Their closure has too easy to become and remain accred- What is happening with some for- left thousands of students in the lurch, ited. profit colleges is nothing less than a with hundreds of thousands of dollars This is a very similar system to what national scandal. Students are being in student loan debt. hurt, and we are wasting tens of bil- Another 152 schools are under inves- we had with S&P and Moody’s and all lions of dollars. So here are the facts: tigation by a working group of 37 State of these rating agencies that had finan- Almost 2 million students are en- attorneys general. They too are still cial incentives to determine that all of rolled in for-profit programs, and they accredited. Collectively, they received these derivatives and credit default have collectively taken on $200 billion $8 billion in Federal financial aid last swaps and crazy financial instruments in debt to attend, but they often leave year. that were clearly not creditworthy with little to show for it. More than So what do these schools have in were getting AAA ratings. Why? Be- half drop out within a few months. At common? They never lose their accred- cause the financial incentives over some colleges, fewer than 5 percent of itation, even when there are ongoing time had enmeshed the accreditors their students ever graduate. investigations of fraud and deceptive with the accrediting. This is supposed For those who leave without a de- practices that harm students. to be a sort of independent relationship gree, repaying loans is an incredible Accreditation is the key to the castle because they are supposed to be certi- struggle. Students at for-profit colleges for accessing the spigot of Federal fi- fying to the consumer that everything default on student loans at double the nancial aid. It is supposed to signify is all good, right? And what happened? rate of students at nonprofit colleges. that a program provides a quality edu- The system came crashing down. This is morally outrageous on its own, cation for its students, but here is the I don’t think the system will come but it is particularly egregious to the thing. This accreditation doesn’t mean crashing down, except that the system American taxpayer because these sub- much. The Government Accountability is already coming crashing down on the standard programs are financed almost Office released a study on accredita- students who are getting ripped off. entirely by the Federal Government, tion in 2014, and its findings were You ask schools that are taking in and the amount is staggering. shocking. Over a 4-year period, the more than $1 billion of Federal funds. In total, for-profits receive over $32 GAO found that accreditors sanction There are several schools, every year billion a year in Federal financial aid. only 8 percent of the institutions they with Federal funds in excess of $1 bil- That is 20 percent of the total aid, and oversaw and revoked accreditation for lion, and 5 percent of the kids are grad- they serve 12 percent of the students— just 1 percent. They revoked accredita- uating. For the sake of students and 20 percent of the aid, 12 percent of the tion for just 1 percent. So 99 percent of taxpayers, the Department has to students, $32 billion in Federal funding. them, even if there is nothing wrong, make this a top priority, but I am not There are several for-profit compa- they keep those Federal funds flowing convinced that Mrs. DeVos will do nies that each take in more than $1 bil- in. that. lion in Federal aid a year and graduate Even more troubling, GAO found that She has no experience in higher edu- fewer than 10 percent of their students. there was no correlation between cation, a fact that does not bode well Think about that. We taxpayers are accreditor sanctions and educational for the 6,000 colleges and universities in paying most of the bill a year, and quality. In other words, schools with this country. When Senator WARREN these kids are not graduating. They bad student outcomes were no more questioned her about this in her con- take in more than $1 billion, and they likely to be sanctioned by their firmation hearing, her response was are graduating fewer than 10 percent of accreditor than schools with good stu- concerning. This is what the transcript their kids. dent outcomes. says: Not only are the education metrics Our accreditation system is totally Ms. WARREN. How do you plan to protect on student performance awful, but broken. According to the Higher Edu- taxpayer dollars from waste, fraud, and

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.111 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE February 7, 2017 CONGRESSIONAL RECORD — SENATE S775 abuse from colleges that take in millions of to move up the economic ladder. But know that Mrs. DeVos will not be the dollars in Federal student aid? with that $140 billion, we need to be leader of the Department of Education Mrs. DEVOS. Senator, if confirmed, I will making college more affordable, and that we all need. You only have to take certainly be very vigilant. Ms. WARREN. How? How are you going to we are actually getting the opposite re- the word of the people in your own do that? You said you are committed. sult. Both in raw dollars and inflation- State and the groups whom we look to Mrs. DEVOS. The individuals with whom I adjusted dollars, we are spending more and trust when it comes to our coun- work in the department will ensure that fed- in Federal grants and Pell grants, and try’s education system. These are the eral moneys are used properly and appro- the cost of college goes up and up and people whom we are here to serve. priately. up. Average Pell grant awards have in- They are the parents, the grand- Ms. WARREN. You are going to sub- creased by almost 20 percent in the parents, the teachers, the faculty, the contract making sure that what happens with universities that cheat students doesn’t past 10 years. In the same period, Pell school board members, and the stu- happen anymore? You are going to give that grants covered 25 percent less. dents who count on us to make the to someone else to do? I just want to know We are officially paying more and right decision. what your ideas are for making sure we don’t getting less. This is because college We may not agree on who would have problems with waste, fraud, and abuse. costs are growing faster than the cost make the perfect Secretary of Edu- Mrs. DEVOS. I want to make sure we don’t of all other consumer goods—twice as cation, but we can agree that people have problems with that as well. If con- fast as health care costs. It is impos- across the country are speaking out firmed, I will work diligently to ensure that sible to get ahead nowadays without a against Mrs. DeVos, and it is up to us we are addressing any of those issues. Ms. WARREN. Well, let me make a sugges- college degree, but the growing cost of to listen. I will be voting no on her tion on this. It actually turns out there are college is preventing some from get- nomination, and I ask Republicans to a whole group of rules that are already writ- ting a degree in the first place and follow the advice of their constituents ten and are there, and all you have to do is leaving others with unmanageable lev- and join me. enforce them. What I want to know is, will els of debt. It is clear that our system I yield the floor. you commit to enforcing those rules? isn’t working. I suggest the absence of a quorum. Mrs. DEVOS. Senator, I will commit to en- If we are subsidizing higher edu- The PRESIDING OFFICER. The suring that institutions which receive fed- cation with Federal dollars, we have a clerk will call the roll. eral funds are actually serving their students The legislative clerk proceeded to well. responsibility to incentivize institu- Ms. WARREN. So you will enforce the tions of higher education to become call the roll. gainful employment rule to make sure that more affordable, provide access to Mr. KAINE. Mr. President, I ask these career colleges are not cheating stu- lower income students, and deliver unanimous consent that the order for dents? quality education. We want to reward the quorum call be rescinded. Mrs. DEVOS. We will certainly review that those schools that are focused on af- The PRESIDING OFFICER. Without rule. fordability and give incentives for the objection, it is so ordered. Again, this goes back to somebody who is Mr. KAINE. Mr. President, I rise this kind of walking into a hearing saying: Look, rest to make affordability part of the I got the vote. I don’t have to learn about mission. But based on Mrs. DeVos’s evening, along with many of my col- public education. I don’t have to listen to testimony, it is unclear whether or not leagues, to speak in opposition to the Democrats’ concerns. I don’t have to listen she agrees. nomination of Betsy DeVos to be U.S. to teachers’ concerns or students’ concerns In 2011, the Department of Education Secretary of Education. or the concerns of experts in education. I sent colleges and universities a letter I oppose Mrs. DeVos, whom I had the don’t have to learn about higher education, that made clear that sexual assault is chance to see at her confirmation hear- which is, by money spent, about three-quar- prohibited under title IX. It advised ing before the HELP Committee, for ters of the U.S. Department of Education. three basic reasons. I think the chil- Ms. WARREN. You will review it? You will schools to be responsive to reports of not commit to enforce it? sexual violence and gave guidelines on dren and parents and teachers of this Mrs. DEVOS. And see that it is actually how schools should process those re- country are entitled to a Secretary of achieving what the intentions are. ports. But during Mrs. DeVos’s hearing, Education who is a champion for public Ms. WARREN. I don’t understand about re- she had an exchange with Senator education. They can be a supporter of viewing it. We talked about this in my office. CASEY that indicates she would roll choice, charters, vouchers, home There are already rules in place. back this progress. Let’s take a look at schooling, but 90 percent of our kids go And so on—Senator WARREN’s ex- the transcript. to public schools and they need a change there is very revealing. Mr. CASEY. Would you agree with me that champion. I know Republicans care very deeply the problem, and that’s an understatement Second, I want a Secretary of Edu- about waste, fraud, and abuse. I hear in my judgment, that the problem of sexual cation who is pro-accountability and about it all the time, and I hope they assault on college campuses is a significant has the idea and view that if any will consider this nominee’s tepid com- [one] that we should take action on? school, whether public or private, re- mitment to this issue as they talk with Mrs. DEVOS. Senator, thank you for that ceives taxpayer funding, they should be their constituents about how they are question. I agree with you that sexual as- held to the same accountability stand- going to vote. sault in any form or in any place is a prob- ards for their students. The third issue I am concerned about lem. And third, very particularly, I am Mr. CASEY. I ask you, would you uphold is college affordability. The rising cost the 2011 Title IX guidance as it relates to deeply concerned about Mrs. DeVos’s of college is one of the biggest middle- sexual assault on campus? commitment to the Individuals with class issues of our time, if not the big- Mrs. DEVOS. Senator, I know that there’s Disabilities Education Act which, in gest issue of our time. No generation a lot of conflicting ideas and opinions around my view, is one of the best pieces of escapes this problem. If you are a stu- that guidance, and if confirmed I would work legislation that Congress ever passed. dent or a parent, you worry about pay- with you. In my 4-plus years in the Senate, I ing for college. I know plenty of grand- And so on. have not had a single issue that has parents who are worried about their My concerns about Mrs. DeVos go to generated so much effort to contact my children who are still paying off their policy, to preparation, but most of all office as the nomination of Betsy college loans and are now trying to to a basic understanding of what public DeVos. Last week, we passed 25,000 con- save up for their students. education is about. It goes to a basic tacts by constituents—letters, emails, The Federal Government is giving commitment to the mission of public phone calls—and those have continued $140 billion in Federal aid to institu- education. to ratchet up over the weekend with tions of higher learning in grants and Every Senator’s office has phones voice mails and more letters in our sys- loans. That is a good thing, not a bad ringing off the hook with people telling tem and more emails coming into the thing. That is Federal policy. We de- us that Mrs. DeVos is not the right office, and we have dealt with some cided we wanted to make college af- choice. So, to my Republican col- contentious issues over the last 4 fordable because higher education is leagues, you don’t have to take my years. the straightest line for us to develop word for it; you don’t have to take the For example, we shut the govern- the workforce we need and for people word of the other 49 Senators who ment down in October of 2013 because

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.113 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE S776 CONGRESSIONAL RECORD — SENATE February 7, 2017 of the inability of the House and the ciety, and so he laid out this very am- Barbara Johns shared the same vi- Senate to sit down at a conference bitious plan in the 1780s. sion that Thomas Jefferson did: table and work out a budget. That is a Sadly, Virginia didn’t adopt it. The Progress in government and all else de- hugely important issue to the Nation, first early adopter of a compulsory pends upon the broadest possible diffu- and especially in Virginia, where we public education I think was Massachu- sion of knowledge among the general have nearly 200,000 Federal employees. setts, and other States did as well. Jef- population. And she stood up and said: Even a shutdown of the government for ferson stayed active in promoting edu- I have the right to it just like every- 13 days didn’t lead to as much contact cation not just through his proposal for body else does, and I am not going to in my office as the DeVos nomination. a K–12 system, but he also hatched the take second-class status. I want to spend some time on those idea for the University of Virginia—one Well, the Prince Edward story is one three reasons for which I will oppose of the three things on his tombstone at of the most powerful stories in Amer- her, but before I do, I wish to speak Monticello: Author of the statute of re- ican educational history because after about why this is personally so very ligious freedom, author of the Declara- the Brown v. Board decision was re- important to me. It is important to me tion of Independence, founder of the solved, many Southern States fought because of the Commonwealth I rep- University of Virginia. He did not even against integration for a number of resent. It is important to me because of see fit to put that he was President of years. In 1959, finally, 5 years after the personal histories of my wife and I the United States or Governor of Vir- Brown, Federal courts ruled that you and our kids in the public schools of ginia on his tombstone. Education was have to integrate your schools. If you Kansas, where I grew up, and in the what he was passionate about and he have public schools, you have to inte- Commonwealth of Virginia. It is im- founded the University of Virginia. grate them, and Prince Edward County portant to me because of my previous So we had some great educational did something that no other jurisdic- tion in the United States did. They de- public service as a mayor and Gov- thinkers in our Commonwealth who cided, OK, if we have public schools, we ernor, where education was the largest understood from our earliest days that are required to treat kids equally based line item in the budgets of my city and education would be the key to our suc- on the color of their skin. I have an my Commonwealth. Finally, it is im- cess. idea: We will close all of our public portant to me because I have recently Sadly, the great ideas weren’t carried into practice, and Virginia, as was the schools. So Prince Edward County, for been added as a member of the HELP a period of 5 years, shut down all of Committee—Health, Education, Labor, case with many States in the country, ran a very segregated education sys- their public schools. Do you know what and Pension Committee—that shep- they did? They used county funds and tem. When I was born in 1958—I am 58 herded this nomination through a chal- State funds to support vouchers to pri- years old right now; I turn 59 in 21⁄2 lenging but very illuminating con- vate schools, and they gave those weeks—you could not go to school in firmation hearing a couple of weeks vouchers to students who were White Virginia with somebody whose skin ago. so they could go to private schools. color was different. Women couldn’t go So let me start there. Why does this They called them segregation acad- to the University of Virginia, and matter a lot to me? I will begin with emies and they set them up all over many of our major universities were Virginia. Virginia. In Prince Edward County, Thomas Jefferson, when he was Am- segregated on the grounds of sex. So we White students, if they were wealthy bassador to Paris in the early 1780s, had a tradition where we recognized enough, could go to these academies wrote one of the great early works of the power of education, but even with some State support, but poor American literature: ‘‘Notes on the though our great Founders did, we White students and African-American State of Virginia.’’ It was an effort to really thwarted the dreams and students were deprived of education for describe the Virginia of the day but achievements of our students by not al- 5 years. also his dreams for Virginia—his lowing them to be all they could be. I think you can start to see why sup- dreams for the Virginia economy and In 1951, a young high school student porting public education today is very the Virginia society, even looking into by the name of Barbara Johns was at- important in Virginia because in my the future. Jefferson became the first tending a segregated public high school lifetime, we didn’t. In my lifetime, we person to really lay out a vision for in Prince Edward County, VA. She was closed down public schools rather than compulsory public education in the 16 years old. Her school was over- let kids learn together if their skin col- United States. He had a very detailed crowded. It was poorly heated. She saw ors were different. In my lifetime, we plan in that book for the division of White students in her community hav- put State dollars into private schools the State into small school districts ing a great new high school built for so they could set up and allow segrega- and that education would be compul- them. Some kids in her high school, be- tion to go forward and avoid the law of sory at least for young people—men cause of poor transportation, were the land that kids could learn together and women—who were White. killed in a bus accident, and in April of because of the color of their skin. He used the phrase to promote his 1951 she said: I am tired of this. I am a This was Virginia at the time I was educational plan that is still—a para- kid, but I am not going to accept sec- born. It will not surprise you that a phrase of it is still in the Virginia Con- ond-class citizenship, and she, encour- State that didn’t want kids to learn to- stitution, talking about why public aged one day with a fake note to the gether because their skin colors were education was so important. He said: principal of her school to go to the ad- different and a State that allowed ‘‘Progress in government and all else ministrative office—and then she gath- schools to close down was a State with depends upon the broadest possible dif- ered all the students in the auditorium very poor educational performance. fusion of knowledge among the general at Moton High School in Farmville, The Virginia in the 1950s, forget about population.’’ If you want to have a VA, and said: We are going to walk out. test scores, forget about SAT scores, great government, if you want to have We are going to walk out of our high forget about AP exams, we were one of a great economy, if you want to have school because we are tired of being the worst States in the country in the great happiness, what you should do is treated as second-class students and we percentage of our kids that attended diffuse knowledge among the general are going to call civil rights lawyers school. It will not surprise you to know population. It was for that reason that and ask them to represent us. that in addition to having a poor he said we needed a public education Barbara Johns and her classmates record of attending school, our econ- system. did that, and the Virginia case became omy was bad. Those things are directly Jefferson wouldn’t have imagined an part of Brown v. Board of Education connected. If you don’t value edu- Internet and search engines, where all that in 1954 led to the Supreme Court cation, if you say kids can’t learn to- knowledge would be digitized and at ruling saying that all children were en- gether if their skin colors are different, the fingertips of people all around the titled to an education; we couldn’t seg- if you say women can’t go to major planet, but that is kind of what he was regate kids based on the color of their universities, your economy is not going talking about. If you diffuse knowledge skin. It was the only one of these civil to be very strong. So Virginia was a among the general population, that is rights cases that was actually led by low-education, low-income State when the best guarantee of the success of so- schoolkids advocating for themselves. I was born.

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.114 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE February 7, 2017 CONGRESSIONAL RECORD — SENATE S777 Today, it is very different. The offi- cause we have embraced that every- cently stepped down as secretary of cials in Virginia continued to battle to body has God-given talent. We have education in Virginia. I watched my try to resist the integration of schools. embraced investments in our education wife grapple with exactly the same My father-in-law, my wife’s dad, was system, beginning with this Barbara kinds of challenges at a State level the first elected Republican Governor Johns walkout and then with the cou- that the current Secretary of Edu- in the history of the Commonwealth, rageous Republican Governor and then cation will grapple with at the Federal elected in 1969. He came into office in Governors who followed—Democrats level. I think I know a little bit about January of 1970. The previous Gov- and Republicans, business leaders, what it takes to do this job and to do ernors, who had been Democrats, had teachers, communities leaders. We it well. fought against integration, had used were late to the game, but we eventu- In addition to our personal connec- all kinds of tricks and strategies to ally embraced the Jeffersonian vision, tions in the history of our State, let avoid integrating schools, and my fa- and now we have an education system me talk about my professional connec- ther-in-law, as Governor, took a his- we can be proud of. It is a public edu- tion to our schools and why I view this toric stand. He said: In this Common- cation K–12 that educates about 1.2 as such an important position. I men- wealth, we are putting segregation be- million kids. We have great private tioned that I have been a mayor and I hind us. We are now going to be an ar- schools. We have a vigorous home have been a Governor. I am a little bit istocracy of merit, regardless of race or school network in Virginia. We don’t unusual. There have only been 30 peo- creed, and he embraced a court busing do vouchers for private schools because ple in the history of the United States order in the fall of 1970. He escorted my of our painful history of the way who have been a mayor, a Governor, wife’s sister into what had been a pri- vouchers were used to support segrega- and a U.S. Senator. There have been a marily African-American high school tion and avoid integration in the 1950s lot of Governors who are Senators, but in downtown Richmond, and his wife, and 1960s, but we have a system that is being mayor will kill you. That is why the First Lady, escorted my wife into a public and private and home school and there are so few who can do all three. similar middle school. The picture of charter. It is a system that isn’t per- But when you are a mayor, as I was— my father-in-law Linwood Holton, this fect, it is a system we need to always the biggest line item in my budget was courageous Republican Governor, and battle to improve, but it is a system we public schools. At the time I was my sister-in-law Tayloe walking into are so proud of, we have gone from mayor, we had about 53 public schools. the school on that day was the front back of the pack to front of the pack. I had a goal when I was mayor: I would page of the New York Times. It was the We care about public education in my go to a school every week. On a Thurs- front page of the New York Times be- Commonwealth, and we do not take day morning, I would go visit one of cause in the civil rights era, there were kindly to people who trash the state of our schools to see what is being done. so many pictures of Southern Gov- public education today because we If it was the biggest line item, that ernors standing in a schoolhouse door know how far we have come. We know means it was the most important blocking kids who were African Amer- how far we have come. That is who my thing. I wanted to make sure I under- ican from coming into schools with State is. Personally, I went through 13 stood not just my kids’ schools but the White students. That was a common years of education K–12; 7 public edu- schools that all the kids in our city picture. There is only one picture of a cation, 6 Catholic education. My wife went to. I wanted to know what was Southern Governor escorting a child— Anne was educated in the public working and what wasn’t. his child—into a school that was pre- schools of Virginia—in Roanoke, Rich- Then I got elected to statewide office dominantly African American with a mond, and Fairfax County—as were her as Lieutenant Governor and Governor. big smile on his face saying, finally, siblings. We have been married for 32 I made a vow when I was Lieutenant Virginia is going to embrace the vision years. Our three children have all grad- Governor. Just like I went to a school of Thomas Jefferson. Education should uated from Richmond public schools. a week when I was mayor until I vis- be for everybody. We shouldn’t seg- They have had wonderful careers. I ited them all, I made a vow when I was regate it based on race. During the wrote a piece a few years ago when my Lieutenant Governor that I would to time he was Governor, I think imme- daughter, my youngest, graduated go to a school in every one of Vir- diately before, we dropped the segrega- called ‘‘Forty Years as a Public School ginia’s cities and counties to make tion based on gender in our States’ col- Parent’’ because my three children sure I understood public education in leges. And surprise, with those two spent a combined 40 years in the Rich- my Commonwealth. I should have moves, Virginia started to move. Vir- mond public schools. thought before I made that pledge be- ginia started to move from a low-edu- The Richmond public schools are like cause there are 134 cities and counties cation, poor State to a high-education a lot of school systems. There are 25,000 in Virginia. It took me 41⁄2 years to State that now has top 10 median in- kids or so in an urban environment. It travel to every one of our cities and come. is a high-poverty school district; prob- counties to try to understand public Now we are a State known for our ably nearly 80 to 90 percent of the chil- education in my Commonwealth. I am educational system. Now we are a dren in the school system are on free or not aware of anybody who has made State where we are always in the top reduced lunch. It is overwhelmingly a that pledge, and after I did it, I can un- five in the percentage of our kids who minority school system; three quarters derstand why nobody would ever make take and pass AP exams. Our SAT or more of the students are minority. that pledge again. But I wanted to scores are very strong relative to other But my kids got a fantastic public edu- make sure that I understood not just States. Our higher education system is cation in these public schools of Vir- the schools my own kids went to but viewed as very powerful, and it is be- ginia. They have all graduated and the schools other kids went to all cause we, in the words of the letter of gone on, one to graduate from George around our Commonwealth. Corinthians, put away childish things. Washington, an infantry commander in Northern Virginia and its high-tech We put away segregation, we put away the Marine Corps; one to graduate from suburbs, Wise County, where my wife is gender division, we put away using Carleton College, a visual artist; and from, the coalfields of Appalachia, the public dollars to support private acad- one is about to graduate from New tobacco-growing regions of Southside emies so kids and their families could York University—all built on the foun- Virginia, manufacturing regions south erase the law of the land, and as we did dation of a great public education in of Richmond, oystermen and watermen that, as we embraced the Jeffersonian the public schools of my city. and tourism on the Eastern Shore of vision to improve education, the I told you about my wife being part Virginia—I wanted to see the schools State’s economy improved, and now we of the generation of kids who inte- in every part of my Commonwealth. I are the top 10 in the country. grated the public schools of Virginia. wanted to see them because I was writ- In my lifetime, no State in this coun- Then, in the wonderful arc of history, ing budgets. The biggest line item in try has moved further economically she went from a kid living in the Gov- the State budget was education. The from low median income, back of the ernor’s mansion and integrating Vir- biggest line item in the city was for pack, to front of the pack than Vir- ginia’s public schools to a First Lady education. I didn’t want to know our ginia has, and our State has moved be- working on foster care reform and re- schools just from a budget or just from

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.115 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE S778 CONGRESSIONAL RECORD — SENATE February 7, 2017 a newspaper article. I wanted to know equal accountability for all schools if There are 1.2 million kids in Virginia. them from seeing them. I wanted to they receive taxpayer dollars. I wanted Ninety percent of kids in this country. know them from seeing what came out to ask her about her thoughts on the Public schools are a ‘‘dead end.’’ Gov- of my kids’ backpacks every day in education of kids with disabilities be- ernment education ‘‘really sucks.’’ terms of the curricula requirements cause I care deeply about that topic What gives you the right to say that? and other things my kids would do in but also because I believe that the Indi- So I asked her some questions about the Virginia public schools. viduals With Disabilities Education these statements. I asked her: Is the I am saying all this first because I Act points a direction for the future of morale of the workforce important? am just trying to convey why this is so American public education, and I want- How important are teachers? important. There is nothing that we do ed to see what she thought about it. Teachers are very important. as a society that is more important to I had three test questions. I had three Is morale an important thing for our future than the way we educate our test questions for our nominee, and she teachers? Should they have good mo- young. The most precious resource in did not satisfy me on any of them. Let rale to do their job? the world today is not oil, it is not me start with the first one. Yes, absolutely. water; it is talent. The cities or States Can you be a champion for our public Does the attitude of a leader affect or countries that know how to raise schools? the morale of people who are doing a talent, grow talent, attract talent, re- There are 1.2 million kids in Virginia. job in the organization? ward talent, encourage talent, and cel- Ninety percent of the children who are Absolutely. ebrate talent are going to be the most educated in this country are educated Well, what does it say to a teacher successful because they will attract in public schools. teaching these tens of millions of kids and grow and reward their own talent I am a huge supporter of private in this country—or the 1.2 million kids and bring other people here, but they schools. I went to Catholic schools for in Virginia—what does it say to a will also attract the institutions that 6 years. When I was Governor, I did a teacher that the Federal Secretary of want to be around talent—great com- lot of great work with kids and their Education says that government edu- panies, great think tanks, great uni- parents who chose homeschooling as an cation sucks and public schools are a versities. option. I like options. But just as a dead end? I would submit, it transmits There is an inextricable causal link matter of fact, 90 percent of the kids in a horrible message. between your commitment to a system this country go to public schools, and I think we need a Secretary of Edu- of public education and the success of it is going to be at that number or near cation who will empower kids, who will your city or your State or your coun- it for as long as we can see. empower teachers, who will celebrate try. There is nothing we do in this In Richmond, we have some great what is great about public education, Chamber or in the Federal Government private schools. Richmond has 1 mil- who isn’t afraid to point out what is that will be more likely to affect our lion people, and so private schools can bad about it, who isn’t afraid to point economic outcome than the care with set up and find enough students. But out the things that need to be im- which we direct attention to our edu- there are corners of my Commonwealth proved. But if you just paint it all with cation system. where it is very hard to start a private a broad brush and it is all bad, you are The last reason it is important to me school because there are just not going to miss an awful lot of really is because of my new membership on enough students. That is not just the good things about American public the HELP Committee. I have had my case for Virginia; my colleagues on the education. family background. I care deeply about HELP Committee from Alaska or from I sometimes get down on some of my my State. I professionally worked on Maine share this. There are parts of colleagues on my side about this. There education, and my wife has too. But their States where, talking about is kind of an anti-business attitude: now I have a platform in the Senate. I vouchers for private schools, you might Businesses are bad. There are some bad tried to get on the committee right as well be talking Esperanto. That is businesses, but most businesses are when I got here. I wasn’t able to. I just not going to happen in some of really good. You shouldn’t paint with a couldn’t complain because I got great these very rural communities. So you broad brush, whether talking about committees. I am on the Armed Serv- have to have a champion for public business or any institution, but you ices, Foreign Relations, and Budget schools. definitely should not paint with a Committees. But I really wanted to be In my research on Betsy DeVos, she broad brush and say that public schools on the HELP Committee because edu- gave a speech in 2015 that troubled me. in this country are a dead end when cation has been at the core of what It was a speech about the state of you have hundreds of thousands of both my wife and I have tried to do in American public education. Here are great teachers and counselors and bus- Virginia for the last 32 years. Now I am two direct quotes, one of which is not drivers and cafeteria workers and peo- fortunate enough to be on the com- the greatest language for the CONGRES- ple going to work every day. They are mittee. SIONAL RECORD, but she said that when not going there because their salaries In one of my first meetings on the it comes to education, ‘‘government are great; they are going there because committee, we had a confirmation really sucks.’’ She also said public they care deeply about students, and hearing for Betsy DeVos for Secretary schools are a ‘‘dead end.’’ This is not they want to either teach them or in of Education. We didn’t have all the in- something she said 10 or 20 years ago; other ways impress life lessons upon formation at the time we had the hear- this is something she said about a year them so their kids can have happy ing for Mrs. DeVos, but we had done and a half ago. This is her view of pub- lives. our homework. I have a wonderful lic education in this country. Betsy So the first test I found Betsy DeVos staffer, Krishna Merchant, who had DeVos never attended public school for wanting in my examination of her in helped prepare me. We had done our a day, never taught at a public school, the HELP Committee was that simple homework. We were put under some and didn’t send her children to public one. If you cannot be a champion for pretty tight time constraints: We each schools. That is not a disqualifier. I public schools, you should not be Sec- only got 5 minutes to ask questions. think you can have a great Secretary retary of Education. Five minutes isn’t a lot of time when of Education who hadn’t attended pub- When we were having a discussion in you are talking about something as im- lic schools, who had come from private the committee, some of the colleagues portant as the educational mission of schools and had good private school ex- who were kind of coming back at us a the Federal Government to help our so- amples to learn from. I think that is little bit were saying: Well, OK, we get ciety succeed in educating our kids. I fine. But if you have never attended it. You are against charters, or you are decided that in my 5 minutes, I wanted public school for a day, if your children against vouchers, or you are against to ask Mrs. DeVos about three things. have never attended for a day, if you Betsy DeVos because she wants to ex- I wanted to ask her whether she could never taught at a public school, I kind pand choice. be a champion for public schools. That of have the attitude: What gives the But most of us are from States that is a simple kind of a question. I wanted right to stand up and say public have significant choice. I pointed out to ask her whether she believed in schools are a ‘‘dead end’’? Really? that Virginia doesn’t do vouchers, but

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.116 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE February 7, 2017 CONGRESSIONAL RECORD — SENATE S779 we have a very robust homeschooling Well, they are not all held equally ac- think about that collective delta be- network. I have been a huge supporter countable now. tween what these kids could do and of it. Choice is fine, but you have to be I am not asking about what you what they could have done had they a champion for public schools, and if think about the situation right now. I had the best education, it is tragic. you are not, you shouldn’t be Sec- am asking you what you think is the That was the genesis behind the Indi- retary of Education. That is reason No. right policy. Is it the right policy, if we viduals with Disabilities Education Act 1. are going to give $20 billion to private in 1975. Second, I wanted to interview Betsy schools, to hold all schools equally ac- It is as if we have all these children DeVos about accountability. Account- countable? who are capable of so much more if this ability. Should schools be accountable Well, I believe in accountability. society will only work to help them for the success of their students, for She wouldn’t answer my question. achieve, and the core of the Individuals outcomes? This is very important, and I phrased it a different way. I said: with Disabilities Education Act is a it is very important to get this right. Let me tell you this, Mrs. DeVos. I be- simple thing. If a student is identified Sometimes my wife, as secretary of lieve all schools that get Federal as having a disability of some kind, the education in a State, would sometimes money should be held equally account- student gets an IEP, an individualized tear her hair out about the Federal able. Do you agree with me? education plan. If you have a diagnosed mandates and strings and regulations She said: No. disability, then you are entitled under and rules. The HELP Committee did a She doesn’t believe that schools that Federal law to an IEP where you get an good job last year before I was on the get Federal money should be held education that is tailored to your par- committee rewriting No Child Left Be- equally accountable. I have a big prob- ticular circumstance. hind—the Every Student Succeeds lem with that. The whole goal of the My three kids went through the Act—to try to reshift the balance a lit- choice movement is to provide choices Richmond Public Schools. One had an tle bit to allow cities, counties, and so that students can learn in environ- IEP for a couple of years. That is pret- States more flexibility in trying to de- ments that are best suited to them. ty common. It is pretty common that termine how to educate their students, Choice is also supposed to promote you get an IEP, and with a tailored while holding them accountable for some competition that will encourage education, you don’t need it for your outcomes. I wanted to ask Betsy everybody to up their game. whole 13 years of K–12 education. You need it for a couple of years of speech DeVos: Will you hold all schools ac- If you hold the public schools ac- therapy or a couple of years of some- countable for outcomes—particularly countable while you are taking some of thing else. Then, within a few years, because when he was a candidate, their money away and you give that you are completely mainstreamed, and President Trump said some things money to private schools and you don’t you don’t need IEP anymore. The indi- about what he wanted to do with public hold them accountable, you are not vidualized attention helps you climb up education. President Trump as a can- promoting fair competition. You are and then be completely competitive didate said that he wanted to take $20 not promoting student outcomes. You with your colleagues and with your billion of Federal money and give it to are basically taking money away from public schools and giving it to private peers. private schools to allow them to run There are other students who need an voucher programs of the kind that Mrs. schools. Again, in Virginia, we had a painful IEP for their entire educational career, DeVos has promoted in Michigan, Indi- and that is fine too. They are entitled experience with that—closing schools ana, and other States. That is a lot of to it under the Individuals with Dis- down, defunding public schools, and money, $20 billion. That is money that abilities Education Act. is taken out of the allocation for public giving money to private schools. That What it has meant from 1975 to schools. If you take $20 billion out of is a second reason that is very, very today—it is 40-plus years—is that this public schools, especially in some rural important to me. I don’t think that she massive cohort of kids with special areas—in my view, having done a lot of supports the notion of equal account- needs are not in the shadows. They are budgets and worked on this as a mayor ability for both public and private not shunted aside. They are not pushed and Governor—you are potentially schools that receive taxpayer funding. into classes where the expectations for going to weaken the public schools. If we are going to do the proposal them are low. Instead, they are chal- (Mrs. ERNST assumed the Chair.) that President Trump says—we haven’t lenged to be all they can be, and they I wanted to understand from Mrs. seen a budget yet, but we may see one are happier, and their families are DeVos how we are going to do this. You at the end of February, early March. If happier, and society is better off as a take the $20 billion out of the public we are going to suddenly start taking result. This is a very important thing, schools; I think that is going to weak- billions and billions of dollars away and I know this to be the case. en public schools. What I wanted to ask from public schools and giving them to Every family in this country has her is, When you give the $20 billion to private schools, I want to know they somebody in the family with a dis- private schools, as President Trump are going to be equally accountable. ability—or will at some point in the wants to do—and I asked her this ques- The third issue that I asked Mrs. life of a family—and every person in tion over and over again. I think I DeVos about was education and kids this country has a friend with a dis- asked her four times. If you give Fed- with disabilities. Let me tell you why ability. The issues dealing with the eral taxpayer dollars to private this one is so important to me. It is im- education of students with disabilities schools, will you hold them equally ac- portant because it is right. It is also are important morally, but they are countable to the public schools that important because it points a path to important because this is about our are getting this money, equally ac- the future of education in this country. friends and our family and our neigh- countable for the outcomes of the stu- Before the Individuals with Disabil- bors. dents, for the need to report discipli- ities Education Act was passed in 1975, The other thing about the Individ- nary incidents, for working on impor- we had hundreds of thousands of chil- uals with Disabilities Education Act tant issues like education and kids dren with a gap between their potential that I find so powerful is I think it has with disabilities? Will you hold any and what they were doing because been the best single idea about K–12 school that gets Federal money equally schools were very spotty, communities education we have come up with. It is accountable? I asked her this. were very spotty, States were very better than testing. It is better than She said: I believe in accountability. spotty in providing meaningful edu- choice. It is better than all the other I said: That is not my question. I be- cational opportunities to kids who had strategies because the nub of the idea lieve in accountability too. But I am disabilities. is you should have an individualized asking you, Should you hold all schools Generation after generation of kids education. It raises the question, Why equally accountable if they receive would go to school, but they wouldn’t do you have to have a diagnosed dis- Federal taxpayer money? get an education that was tailored to ability to get an individualized edu- Well, I believe in accountability. their needs. They would finish their cation? I asked her again, Should you hold education not having the skills they With computer technology and so schools equally accountable? needed to be all they could be. If you many other tools that a teacher can

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.117 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE S780 CONGRESSIONAL RECORD — SENATE February 7, 2017 use in a class of 20 or even 30 students, States’ rights arguments have been We will let you in, but you have to sign there is an awful lot that you can do to used throughout our history to rebut saying you will never take us to court tailor the education to each individual the notion that Congress or the Su- for violating your rights, for not treat- student. I was a teacher. I ran a voca- preme Court can pass civil rights laws ing you fairly under the IDEA, and tional school in Honduras that taught of applicability all around the country. only if you sign such a waiver, will we kids to be welders and carpenters. We I was surprised. I did not know what allow you to come to our school. I just individualized the education. I put to- Mrs. DeVos’s history would be, unlike don’t think that is fair. I don’t think gether a list of 60 carpentry projects reading her speeches where she says that is right. Especially if we are now from the simplest one to the most com- the public schools are a dead end and going to give $20 billion of Federal plicated one, and all the students start- government is soft. I didn’t know what money to private schools, I think they ed on the same project the first day of her position would be on the IDEA. should have to follow the law. school, but then they proceeded at When she told me that a Federal civil Many private school principals in their own pace. Only when they did the rights law should be a State decision, I Richmond—I talked to them about this first one to the carpenter’s satisfaction was very, very troubled. I was sur- issue long before the hearing on Mrs. could they go to the second one. That prised. DeVos, and they are pretty candid meant it was individualized because ev- I blurted out: Well, what do you often with parents of kids with disabil- erybody worked at a different pace mean it should be a State decision? If ities. My longtime secretary in my of- until they got it right and they could you are a parent and you have kids fice—who has worked for me for nearly move to the next one. That is what the with disabilities and the State isn’t 30 years—has a daughter with a dis- IDEA basically is: Education should be treating them right, you are supposed ability. She was going to parochial individualized to the student, and more to move around the country until you schools for a while in the early grades, and more, that is what we are doing in find a State that treats your kids well? but as she was progressing up into late education all around the country. You are not entitled to have the law elementary school, there just weren’t I asked Mrs. DeVos questions about apply to you in the community where the programs in the parochial school the IDEA because of the fairness and you live and you are going to have to that were tailored to her particular sit- justice issues for students with disabil- move somewhere until you find a State uation, partly because the school was ities but also because the notion of in- that is going to treat your kid OK? just too small. In a really small school, dividualized education is the greatest I think it should be a State decision. it is tough to do education of kids with single idea out there that will ulti- Later on in the hearing, one of my disabilities. You have to have some mately be the idea that I think will be other colleagues, MAGGIE HASSAN, the particular training to be able to do it. the revolutionary next step in Amer- Senator from New Hampshire, who has The difference of a small K–8 parochial ican public education. a child with cerebral palsy, followed up school and a larger county school is I asked her a pretty simple question. on this, and Mrs. DeVos tried to back pretty big. The principal was candid Once again, if the President pursues his out of it: Well, I wasn’t sure we were and honest in a way that my secretary plan to take $20 billion and invest it in talking about a Federal or State law. appreciated and I did too. ‘‘We just private schools, should the private I was very, very troubled by this. I don’t have the kind of educational pro- schools receiving those dollars have to was troubled by it again because of the gram for somebody of your daughter’s follow the Individuals with Disabilities peculiar history that we have had in special needs that the public high Education Act? Should they have to Virginia and other States where people school has. You really should think work with students with disabilities, have used States’ rights arguments to about that.’’ My secretary agreed and made the change to the public school. diagnose the disability they have, and try to trump Federal civil rights stat- It was actually a better environment then offer them a fair and appropriate utes. because the resources—which are not education tailored to that disability? I would say that the answers to the cheap—the resources to help do dis- It is a pretty simple question. You questions about students with disabil- get the money from the Feds. Should ability-specific education were there. ities became kind of a pivotal part of Imagine now what would happen if you have to follow the law? Remember, that hearing because both Senators this is a Federal civil rights law. It ap- we start to invest money in private COLLINS and MURKOWSKI, who have schools, and we don’t make them fol- plies to every ZIP Code in this country. since said they are going to vote It applies to every school district in low the disabilities law. Follow this against the nominee, at that hearing this country. through. We take $20 billion away from and then in the markup session we had My question of Mrs. DeVos was, If a public schools. That is weakening pub- private school gets Federal money, last week talked about that as one of lic schools’ ability to do a lot of things, should they have to follow this impor- the things that they found troubling. including educating kids with disabil- Another member of our committee, tant civil rights law? ities. We give the money to private Her answer to me was: I think the who is supporting Mrs. DeVos, Senator schools. We don’t require them to fol- States should make that decision. I ISAKSON of Georgia, also found it of low the Disabilities Act. So families— think that should be up to the States. enough concern that he had a written like many we know—say, I might like I said: It is a Federal civil rights law. exchange with her. He wrote her a let- to go to private school, but there is not It applies everywhere. ter and asked her a question: Do you enough appropriate education, so I am The States should make the decision. really understand what the IDEA is? not going to. I am going to stay with We struggled in my State of Virginia She wrote a letter back, which I have the public school. So we have just with States’ rights arguments because had the opportunity to review, but I taken the dollars away from the public after the Supreme Court decided on an- still don’t believe that the letter she school, but all the kids with the sig- other really important civil rights wrote demonstrates a real under- nificant needs, the needs that are real- principle, you couldn’t segregate standing for this issue of the rights of ly costly to deal with, are going to stay schools. Barbara Johns’ walkout of kids with disabilities. in the public school. It is a spiral that Moton High School, and Brown v. This is a really important point. is a bad spiral. Board of Education—and now it is the Some of the States that have voucher We will defund you, but all the kids law of the land. You can’t segregate programs—we don’t have these pro- with the significant needs that are kids on basis of race. It is unconstitu- grams in Virginia for the reasons I costly, they are going to stay. That tional under the 14th Amendment. have described, but there are States will dilute and hurt the quality of the The leaders of my State stood up in that do—Indiana, Florida. Some of the education they will get, while the pri- court for years and said: You can’t tell States that have voucher programs and vate school is getting the money and us what to do; education is a States’ receive public money for kids make not having to follow the requirements rights thing. We don’t have to follow children sign away their rights under of the IDEA. They get the money. They the Supreme Court. We don’t have to the IDEA as a condition of being ad- don’t have to be equally accountable follow civil rights statutes at the na- mitted to the school. You want to for it. They don’t have to follow the re- tional level. We believe in States’ come to our private school and you quirements of the IDEA. This is very rights. want to use voucher money to do it? troubling stuff.

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.119 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE February 7, 2017 CONGRESSIONAL RECORD — SENATE S781 Those were the three questions I got I was honored last week to write an job. It is such a big and important job, to ask her in 5 minutes. Can you be a op-ed about this issue with a former it would be wrong to expect any person champion of public schools, do you be- member of this body, Senator Harkin to be an expert on all of it. That would lieve that any school receiving Federal of Iowa, somebody the Presiding Offi- not be a fair hurdle to set for some- taxpayer dollars should be equally ac- cer knows very well. Senator Harkin body. You are going to have to come in countable for student outcomes, and was one of the congressional authors of and bring expertise in and hire good should schools receiving Federal tax- the Americans with Disabilities Act. people to work with you, but I think payer dollars have to follow the re- Senator Harkin was a champion of the there are some fundamental threshold quirements of the IDEA? With each of Individuals with Disabilities Education questions: Can you support and be a those questions, I was prepared to get Act. All the issues surrounding Ameri- champion for public education? That an answer I liked, but I got an answer cans with disabilities were very close seems fundamental. Do you believe in I didn’t like. to his heart. We really miss that be- equal accountability for everybody I don’t think Mrs. DeVos can be a cause he was such a champion, and I that gets Federal dollars? That seems champion of public schools. She has am not sure anybody can really fill his fundamental. Do you believe that kids told me she doesn’t think all schools shoes on that issue. But we wrote an with disabilities should be able to get should be equally accountable to re- op-ed about this disabilities point in this kind of education? That seems fun- ceive Federal taxpayer dollars, and she Time magazine that has gotten a lot of damental. And in those areas, Mrs. is not committed to schools that are attention because it touches every DeVos did not succeed. receiving Federal moneys following the family. I voted for a number of the Cabinet Individuals with Disabilities Education I will start to recap a little bit now nominees of President Trump. I am not Act. This explains to me why the vol- as I await my colleague who is going to standing here taking the position that ume of calls into my office over this be following me. I will just go back to I am voting against all of them. In have been so high—higher than the where I started. This is not a minor fact, I voted for quite a few because government shutdown, higher than any matter. It is a little bit unusual to be even if they would not be people who I other nominee, higher than any other on the floor at 10 to 4 in the morning. would nominate, President Trump is issue. We have been at war with ISIS It is a little unusual to be speaking 30 the President. He is entitled to have for two and a half years. I have been hours in a row. I had some folks ask his own team, but the advice and con- trying to make the case that we me: Why would you do 30 hours of sent function of the Senate means, in shouldn’t be at war without a vote of speeches on this? I said: Well, don’t you certain cases, if people do not seem to Congress. I get a lot of calls in my of- think the Secretary of Education is im- meet the threshold criteria for being fice about it, but it is not ringing off portant enough—education in our able to do the job and do it well—that the hook like it has been ringing off country is important enough to spend a is how you exercise advice and consent the hook with respect to the DeVos day and a half, a day and a quarter and express opposition to a nominee. nomination. While I credit Mrs. DeVos talking about it? That is what I am going to do in this for being philanthropic, and I credit I go back to that Jeffersonian vision: case. her for caring about kids—that is very Progress in government and all else de- I yield the floor. sincere. I see that in her philanthropy pends upon the broadest possible diffu- Madam President, I suggest the ab- and her care. I don’t see in her an un- sion of knowledge among the general sence of a quorum. derstanding of the role that public population. The United States, begin- The PRESIDING OFFICER. The schools play for 90 percent of our kids. ning in the early 1900s—then after the clerk will call the roll. Using arguments like States’ rights ar- GI bill it really accelerated. We became The legislative clerk proceeded to guments, that brings up a real painful the educational leader in the world. We call the roll. history in my State. I don’t want to see weren’t necessarily that during the Mr. MURPHY. Madam President, I that return and especially be at the 1800s—Germany, other nations, Eng- ask unanimous consent that the order pinnacle of educational policy. land were—but we really became the for the quorum call be rescinded. I mentioned the volume of calls we educational leader. We made education The PRESIDING OFFICER. Without are receiving. We all asked ourselves in available to all. The GI bill helped de- objection, it is so ordered. the office, what has explained this vol- mocratize higher education and make Mr. MURPHY. Madam President, let ume? I think the thing that explains it available to many more. me just express my thanks to all of the volume is the disability issue. Be- Our education system is still one of those who have facilitated the floor cause a lot of folks with disabilities are our crown jewels. The number of for- staying open through the evening. We not used to their issues ever being eign students who come to our country still have a ways to go. I know that made front and center in anything. It to go to college, compared to the re- puts a lot of pressure on staff here and matters so much to them. As we said, verse, is still a tribute to the fact our on all of the folks who make this place every family has somebody with a dis- education system is so strong. I operate. We thank you for that. These ability or who will have a disability. haven’t really talked about higher edu- are, in the minds of many of my con- People know folks with disabilities. cation at all. That is also within the stituents, very exceptional times and But the disability community—which province of the Secretary of Education. they call for exceptional tactics and are Democrats, Republicans, Independ- The basic point I am making is, of any- probably a few more exceptional mo- ents and every ZIP Code in this coun- thing we do that is about whether we ments on the floor of the Senate. I ap- try—they are not used to their issue will be successful as a country tomor- preciate everyone here staying through being the front and center issue in row, education is key. That is why we this long evening. something. They are more used to are taking 30 hours to dig into issues of When I was a kid, I took an art class being ignored or being marginalized. concern. at a little one-room schoolhouse on At this hearing, when the disability I put three questions on the table. Wells Road in my hometown, where I issue became front and center—I think The three I put on the table are all grew up, of Wethersfield, CT. That lit- that is one of the reasons the uptick of about K–12 education. I had colleagues tle one-room schoolhouse is still there. concern has been so significant, be- at the hearing who asked searching It is iconic. It is a part of cause people who otherwise are not questions about higher education, the Wethersfield’s history. The town is that into politics or otherwise not that cost of higher education, student loan really proud of it. There is not a lot into who is the Cabinet Secretary debt, what is the right way to deal with that happens in that one-room school- going to be, there is one thing they do debt, how do we make college less ex- house any longer. know, which is they want Americans pensive. These are critical issues too. I But once upon a time there was a lot with disabilities to receive equal treat- am very passionate about a career in that happened in that one-room school- ment. They want them to be all they technical education. My dad was a house. That is where the kids of can be. It is good for their happiness welder, and I ran a school in Honduras Wethersfield, CT, the oldest town in and good for our economy and good for that taught kids to be carpenters and the State of Connecticut, got their edu- our society. welders. This is a big and important cation. You know, wrapped up in the

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.120 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE S782 CONGRESSIONAL RECORD — SENATE February 7, 2017 identity of this country is this associa- got 13,000 phone calls and emails with across the country because they have tion with those little one-room school- regard to this nomination, I think it is their kids, as I do, in public school, and houses that were peppered throughout because public education is so deeply they are seeing the great benefit that the landscape of New England and, in- connected to who we feel we are as a comes to their kids, the growth that deed, across the country, as our new country. We feel we are the most pow- happens in our public schools, and the Nation progressed west. erful, the most affluent Nation on continued learning that happens for It symbolizes the deep connection Earth because of our unique commit- our educators. that this country has had with this ment to public education; this idea Public education is different today very unique idea of public education. I that in order to succeed, you need first than it was when I went. We learned say that as a means of trying to ex- to have access to learning, to the abil- things, that we can’t just focus on plain to folks why we are here at 4:20 in ity to read and write, to do arithmetic, teaching basic skills, like reading, the morning, why this nomination—the to be able to think creatively about writing, and arithmetic, but today we nomination of Betsy DeVos for Sec- science and the history of your country have to teach other skills, like social retary of Education—has commanded and your people, but also because pub- and emotional skills. We are getting this kind of exceptional attention, why lic education is personal. better all the time in public education, the switchboards here at the Capitol When we talk about who we are, and that is why people are so proud of have been experiencing a volume never when we all think about our own per- it. before seen in the history of this place. sonal biographies, it starts with where So when presented with a nominee There is a special connection between we went to school. Not everybody went for the Department of Education who our constituents and the idea of public to public school, but the vast majority says that public education is a ‘‘dead education, because it is rooted in some of people in this country went to public end’’ for students in this country, peo- of the founding ideals of this country. school. ple take it personally. It feels different This country stands for the notion that When you think about who you are than when they listen to the nominee you can come from anywhere, you can today, almost everybody’s story runs for Secretary of the Treasury talk be of any background, and you will through a great public school teacher. about banks or when they hear the have a chance to make it here in the The things that you learn that make nominee for Secretary of Health and United States. you who you are today, they probably Human Services talking about health We did not just say that; we lived come first and foremost from your par- insurance. that value. We built a society in which ents or from whoever raised you, but, When you say that public schools are people could actually take that idea of boy, you learn an awful lot about how a dead end and then, as Mrs. DeVos succeeding, despite any built-in im- to relate to people, about values. You has, spend your entire career trying to pediments they may have faced, and we make mistakes; you correct those mis- empty out public schools and put kids turned it into a reality. Public edu- takes in school, whether it be in the into private schools, it hurts. It hurts cation from the very beginning of this classroom or out on the playground. because, well, we all know public country has been at the root of that For me, it was my fifth grade teacher schools can be better. We all have our uniquely American idea—the idea that Ms. Evanisky, who instilled in me a critiques of the public education we got you can succeed despite any barriers love of learning but also a discipline or the public education our kids have that may have been presented in front about how to learn. I don’t know that gotten. We know it is not a dead end. of you by circumstance or by birth. teachers would do this today, but Ms. Public education wasn’t a dead end Public education at the outset was in Evanisky had a list of all the assign- for me. I get to be a U.S. Senator be- those one-room schoolhouses. Every- ments each week on the chalkboard cause of the public education I got. It body packed into one place, all sorts of and had our initials next to each one wasn’t a dead end for my mother, who ages and learning abilities, and one we had completed. There were 20 or 30 grew up in the housing projects of New teacher, normally a female, at the each week, and she would erase your Britain, CT. Because of the public front of the classroom. But over time, initials and move it to the next one. It schools that challenged her as a very this country adapted. We learned from probably was a little bit too much of poor little girl growing up in New Brit- others. It was Horace Mann, the fa- an exercise in public shaming for the ain, she got to be the first woman in mous Massachusetts educator, who kids who fell behind, but, boy, there her family to go to college. It wasn’t a borrowed from ideas that he had found was accountability because every day dead end for my father, who went to in Prussia and brought to the United you walked in, you saw whether you public schools and ended up running States, the idea of the were keeping up with the assignments one of the biggest companies in Hart- professionalization of public education, that week or you were falling behind. ford, CT. And I hope it won’t be a dead the professionalization of teachers, the There was a rigor to it that attracted end for my kids, who are getting sorting of students into grades, the me and made me a better learner. smarter and smarter every single day idea that it wasn’t just enough to put There were two male teachers I had they go to public schools. a whole bunch of kids into one class- in high school and middle school: Mr. Public schools aren’t a dead end. room, that we needed to actually think Hansen, my eighth grade social studies They can always get better. But to through pedagogy. We needed to put teacher, and Mr. Peters, my junior- have someone in the Department of some time into making sure there were year American history teacher, who Education who doesn’t believe in the high-quality teachers and instruction got me thinking about government and way that most public school parents, in all of our classrooms. the effect it has on my life and the life most public school products believe in You can go around the country and of people around me. public education, it is offensive, and find a lot of schools named after Hor- My family did not have a history of that is why our offices have received ace Mann because what we have today politics or public service. My love of this unprecedented volume of cor- springs forth from many of his ideas, public service, my interest in govern- respondence. from his commitment to high-quality ment comes from teachers who inspired I represent a pretty small State. Con- public education. me to care about the role people played necticut isn’t that big. But I got 13,000 The system that he helped create is in our common history. letters and emails opposing Mrs. the one in which many of us grew up So when I think about why I am here DeVos’s nomination in a short period in. I went to public schools in today, I think about teachers. I think of time. She was only nominated a cou- Wethersfield, CT. My mother went to first and foremost about my parents, ple months ago. I don’t know that public schools in Wethersfield, CT. My but I think about teachers, and so do there is any other subject in the entire father went to public schools in millions of other people around the time that I have been in government in Wethersfield, CT. They met in public country. which I received more correspondence schools in Wethersfield, CT. My wife Our common experiences are rooted over a short period of time like that. I went to public schools in Fairfield, CT. in our public schools, and, of course, it received 13,000 pieces of correspond- My kids go to public school today. So is still personal today for millions and ence, and almost all of them are in op- when I try to figure out why my office millions of folks in my State and position to it.

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.122 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE February 7, 2017 CONGRESSIONAL RECORD — SENATE S783 That is the other thing. There were a and bring it to a school of your choice. low-income, disabled kids sign away few people who called who support her But in practice, vouchers are a disaster their right to contest services that are nomination, but almost without excep- for our kids. Why? Well, first and fore- guaranteed to them in order to get a tion, people are calling in to my office most, it is because, contrary to what voucher, only to find that when they and to Republican offices telling us Betsy DeVos and her family believe, get to that school, the services they that she is not the right fit. the free market doesn’t work the same were promised aren’t there and now I am writing to you as the mother of two for education as it does for the break- they have no legal ability to try to get children in kindergarten and first grade. My fast cereal industry, right? Kids are those services. The rug is pulled out son is 5 and is autistic. I watched the recent not free actors in the way that other from under them. They are left with no nomination hearing on Betsy DeVos, and I consumers are. So what happens is that protection. So vouchers have been used am left sick to my stomach. I implore you to the parents and the families who have in terribly insidious ways to take from not support this woman for Secretary of the means and the income to go find students and families rights that Education. I am beyond worried at what this might and afford private school do so. They wealthier families that don’t need to mean for our school systems, and particu- take that voucher and then they bring rely on the voucher would never sign larly what this would mean for the education it into the private sector, and the kids away. and development of my son. We fight every and the families who don’t have the So it is not that Democrats oppose single day for my son. We work for the serv- means to do that get left behind in Mrs. DeVos’s nomination because we ices he needs. I spent 2 hours on the phone underperforming schools, and the im- don’t like charter schools. Frankly, it yesterday with health insurance companies perative to fix those underperforming is not because many of us don’t support trying to get his occupational therapy cov- schools gradually disappears. school choice. I don’t have any problem ered. With Betsy DeVos in charge of the pub- with public school choice done right. I lic schools, I can’t even imagine the road- Well, vouchers are never going to blocks we would face. equal the amount of money that it don’t have any problem with charter As a parent, all I want is for my son to costs to send a student to most private schools. In fact, I have a long history grow and develop and thrive like any other schools. It may cover the cost of the of supporting high quality charter child. It is hard enough doing this with his cheapest private schools, but families schools. What we oppose is a voucher disabilities, knowing our President openly of means take those vouchers and sup- system that dramatically underfunds mocks those who are disabled. Please, please, plement it with money that they al- education and that requires students to please do not support his nominee. I fear for ready have and send their kids to pri- lose or sign away their right to get a my son. vate schools. So vouchers just end up quality education. Another piece of correspondence taking wealthier families and moving Further, we oppose voucher systems from a college student from Old Lyme, those kids into private schools, while that just end up taking public dollars CT: leaving behind kids who don’t have and putting them in the hands of Wall I strongly urge you to oppose the Sec- parents who can supplement the Street. What is exceptional about Mrs. retary of Education nominee Betsy DeVos, amount of money in the voucher to DeVos’s experience in Michigan, what whose confirmation hearing proved that she makes it different, frankly, from the lacks both the experience and qualifications allow those kids to go to private to lead the Department of Education. schools. So vouchers become a means experience of charter schools in Con- Mrs. DeVos has had no experience in public of both economic and racial segrega- necticut, is that in Michigan charter schools, not as a student, an educator, an ad- tion. White families or families of schools are by and large run by for- ministrator, or even as a parent. Further, higher economic means take the profit companies. Let me tell you, the she admittedly has no experience with high- vouchers and they send their kids to operators of for-profit charters, I am er education or student loans. private schools and families with kids sure, have the best interests of those I am a student about to earn my undergrad kids in mind, but the investors in those college degree this spring. I highly suspect of lower economic means get left be- that Mrs. DeVos has no interest in repairing hind in lower performing public for-profit charter schools have profit as or mending my or my fellow students’ colos- schools. their primary motivation. The people sal debt problems, nor does she have the in- Vouchers are a wonderful way to telling those administrators what to do tent to alleviate the strain of other costs on guarantee that you have very little have investor returns first on their parents and guardians. mixing of kids of different backgrounds mind and educational returns for the I might read some more of these let- or races and incomes, and that is what kids second, because if they didn’t, ters, but they are sort of endless, and the evidence bears out. But vouchers they would be a nonprofit charter they speak to a real worry people in have been used in even more insidious school. If your primary mission was to my State have about Mrs. DeVos’s ways over the years. Think about what run schools for the benefit of kids, you commitment to public education. So has happened to disabled kids. would be a nonprofit. The reason you let me talk a little bit about why they In many States, kids with disabilities set yourself up as a for-profit is so you are concerned. will be offered a voucher to go to a pri- could make money. I don’t know why They are right to point out that this vate school that may have a basket of any school is operated on a for-profit nominee has really no personal experi- services that is more appropriate for basis. But in Michigan, 80 percent of ence in our public school system. She them, but they have to make a deal charters are owned by for-profit opera- didn’t go to public schools. Her kids with the school district in order to get tors. We have seen what has happened didn’t go to public schools. She wasn’t that voucher. They have to renounce in the higher education States. We a public school educator. But that is their legal rights to contest an appro- have seen the fraud that is perpetuated not disqualifying in and of itself. I priate education in order to get that on students because for-profit colleges mean, all of us work on policy in which voucher. For many families, that have as their primary motivation mak- we don’t have personal experience. It is voucher is a very shiny object that ing as much money as possible, not the the fact that she has spent her entire looks like their salvation, but then, education of kids. So vouchers, under- career and much of her family’s enor- when they get to that voucher school funded, tied to the denial of rights for mous fortune trying to undermine pub- and find out they are in fact not get- disabled kids, and established as a lic education that is so concerning. ting the services they thought they means of enrichment for investors in Mrs. DeVos, as it has been repeated were going to get for their child— for-profit companies are a terrible idea. over and over on this floor, is a big maybe because that school is being run But students, parents, and teachers fan—perhaps the biggest fan in the by a for-profit company and they don’t in Connecticut are concerned about country—of vouchers, which is a means have that child’s education in their Mrs. DeVos’s nomination for other rea- of giving students a handful of money best interests, and they have profit mo- sons as well. I wish that every minor- so that they can go to a private school tives as their driving imperative—the ity kid and every disabled kid and or a nonpublic school. parent can’t exercise their rights under every poor kid in this country got a In theory, there is an attraction to Federal law because they signed them fair shot, but that is not how education this idea that you should be able to away in order to get the voucher. is played out. The Federal Government take that amount of money that we In States like Florida, this happens is involved in education for one pri- generally allocate to your education tens of thousands of times over, where mary reason and that is civil rights.

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.123 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE S784 CONGRESSIONAL RECORD — SENATE February 7, 2017 The whole reason that the Federal the political power that other school should be equally accountable. Do you Government got into the business of children have. Their parents might not agree with me or not?’’ education is because children—pri- be as loud as other parents are, and so ‘‘Well, they’re not today.’’ marily minority children, primarily they get intentionally or unintention- ‘‘But I think they should. Do you black children—were being denied an ally discriminatory treatment. agree with me or not?’’ equal education. So in Brown v. Board That is why, at the Federal level, we ‘‘Well, no.’’ of Education, it was held that separate have a history of requiring that States So at the end of that line of ques- education is unequal education, and in provide equal education to minority tioning, Senator KAINE finally gets his a series of civil rights acts following kids, disabled kids, and poor kids. That answer—that Betsy DeVos does not that decision, the Federal Government was a bipartisan commitment in the support equal accountability for pub- established laws to protect children No Child Left Behind law. It continues lic, public charter, or private schools. and their parents from that kind of un- to be a bipartisan commitment in the That isn’t surprising because she didn’t justifiable racist discrimination. new education law we passed. Repub- support equal accountability when she It happened in schools all over this licans and Democrats voted for a bill was pushing for private charter schools country. Black kids were not given an that holds schools accountable for in Michigan. equal education. Even after the schools equal outcomes, equal opportunity for (Mr. JOHNSON assumed the Chair.) were desegregated, States and munici- every kid. Mr. President, that has devastating palities found ways around the legal re- Now we dramatically amended that consequences for our children, to have quirements to give an unequal edu- accountability requirement in the new a Secretary of Education who is not cation to minority kids. law. We recognized that it probably going to require accountability for re- Here is a news flash for you. Racism didn’t make sense for Washington to sults in schools, regardless of how they hasn’t vanished in this country. Dis- decide how you measure accountability are established. It has devastating con- crimination has not been defeated. We and how you intervene in schools sequences for poor kids, Black kids, are watching the President today pry where you are not getting results for Hispanic kids, and disabled kids who on people’s prejudices as a means of di- those vulnerable populations, but we need in a Secretary of Education a viding this country to his benefit. All still require that every State have an champion for them, not someone who across this country you can see exam- accountability regime. Republicans advertises in her committee meeting ples of sometimes intentional discrimi- and Democrats both voted for that. I who is not going to fight for account- nation and other times unintentional sponsored the amendment with Sen- ability in our schools. subconscious discrimination that con- ator PORTMAN that put that account- Frankly, I am friends with some of tinues to happen all over the United ability section into the bill. the operators of charter schools in and States, like what happens in school dis- Another reason that parents and stu- around Connecticut. In my experience, cipline. If you are an African-American dents in Connecticut are deeply wor- the supporters of charter schools have boy in this country and you goof off at ried about Mrs. DeVos’s nomination is tended to be the loudest champions of school, you are twice as likely, right because she has a history of fighting accountability because for many char- now as we speak, to be suspended or ex- accountability. In Michigan, she fought ter school proponents, they go hand in pelled than if a White student engages a State law that would have made all hand. Accountability gives you sort of in the exact same behavior. Disabled schools in that State—whether they be a clearer sense of the outcomes in pub- students all across this country are public, private, charter, or tradi- lic schools, which for charter school discriminated against. tional—accountable for their results. advocates tends to be an advertisement I will give you an example from not When questioned before the Education for an alternative way of education. so long ago in Texas. In Texas, an in- Committee about her position on ac- So charter schools, even those that vestigation by the Houston Chronicle countability by Senator KAINE, who are regularly critical of the public discovered that the Texas Education just finished speaking, her answers schools, like Mrs. DeVos, normally Agency had arbitrarily decided that were bizarre. argue for accountability, but not Betsy only 8.5 percent of students would get Senator KAINE: ‘‘Will you insist upon DeVos. She has a long career of oppos- special education services. No matter if equal accountability in any K–12 school ing accountability. And if you look at the school district had a higher per- or educational program that receives an examination of the charter schools centage of kids with disabilities, the Federal funding whether public, public that she has supported, you can figure Texas Education Agency said that only charter, or private?’’ out why. Her charter schools aren’t 8.5 percent of students in any par- Here is the easy answer to that ques- very good. If they had to be measured ticular school district can get special tion: Yes. on equal footing with public schools in education services. What happened? That is not a gotcha question. I know Michigan, the results would not be an Kids all across the State who were dis- folks have said that the Democrats advertisement for her or for her nomi- abled were denied the services that were trying to embarrass Mrs. DeVos nation to be Secretary of Education. they needed. in the hearing, but that is an easy In Michigan, they have set up a Byz- In Kentucky, just 2 years ago, an au- question. antine system in which there are like tistic 16-year-old named Brennen was Will you support equal account- 30 different regulators of charter severely injured, with both his legs ability in any K–12 school that receives schools, all with a confusing array of broken when he was restrained at Federal funding—public, public char- different ways that they measure per- school. An investigation found that he ter, or private? The answer to that formance. There is no way in Michigan suffered two broken femurs, a partially question is yes. But she says: ‘‘I sup- to pull out data about how disabled collapsed lung, and blood loss. He spent port accountability.’’ students are doing on a school-by- 8 days in an intensive care unit. An in- OK. That is not as good, but maybe it school basis. They intentionally obfus- vestigation found out that over the is heading in the right direction. cate the results of charter schools. ‘‘Equal accountability for all schools past 2 years, nearly 8,000 students in Why? Because many of them—many of that receive Federal funding?’’ asks one county in Kentucky had been phys- those associated with Mrs. DeVos—are Senator KAINE. ically restrained, and 150 of them in ‘‘I support accountability,’’ she says. not getting good results for their kids. this one county had been badly injured. Senator KAINE is sort of figuring out That doesn’t mean charter schools That is just one example of what hap- that this might be an evasion rather can’t get good results; many of them pens to disabled students all across than an answer. He says: ‘‘Is that a yes can. But if you don’t have account- this country. They get secluded and or no?’’ ability, if you don’t require charter locked into chains and ropes, literally, ‘‘I support accountability.’’ schools to prove they are doing good as a means of trying to control their Senator KAINE: ‘‘Do you not want to for kids, then many of the bad ones behavior. That doesn’t work. That is by answer my question?’’ will continue to provide low-quality re- and large illegal, but it happens be- ‘‘I support accountability.’’ sults without any accountability. cause still today minority kids, dis- ‘‘OK, let me ask you this. I think all So many of the parents in my State abled kids, and poor kids don’t have schools that receive taxpayer funding are very concerned about Betsy DeVos

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.125 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE February 7, 2017 CONGRESSIONAL RECORD — SENATE S785 when it comes to whether she is going commitment to protect these kids, but keep guns out of schools. And so her to stick up for disabled students and at the very least you have to know answer, which has now been replayed low-income students. what the Federal laws are that provide on the Internet a million times, was I asked her specifically whether she those protections. Over and over again, shocking. would keep on the books a regulation she was given the chance to show that First, her inability just to plug in to that was passed at the end of last year moral commitment; she did not. And in the emotion of this issue. The first which gives guidance for States on how that hearing, she showed a troubling thing you should say in response to they develop these accountability re- lack of knowledge about the statutes that question is, our No. 1 obligation as gimes for vulnerable populations. that protect those children. The Sec- education policy professionals is to Again, this was an easy answer because retary of Education, more than any- keep kids safe. Start there. Start with everybody in the educational space body else in this country, is responsible a commonality about our obligation to supports this regulation—superintend- for delivering results for our kids. The keep kids safe. But that is not where ents, principals, teachers, parent Federal Government is not in edu- she started. She started by saying: groups, civil rights groups, groups rep- cation, except for the cause of civil Well, that is really up to the States resenting the disabled. Frankly, it was rights. and the local school districts. a Herculean task for then-Secretary Finally, I wish to speak about what The reason she gave for that is now John King to come up with an account- was, to me, maybe the most troubling infamous—that some schools in this ability framework that all those answer she gave in that hearing. We country need to be protected against groups would support, but they all sup- had 5 minutes to question this witness. grizzly bear attacks. It is probably un- port it. We had 5 minutes. I worked pretty hard fair how much attention that response So I asked Mrs. DeVos in the hearing to become a U.S. Senator. My constitu- was given; she sort of came up with it would she work to implement that reg- ents think this is a pretty important on the spur of the moment. I don’t sug- ulation or would she work to under- job. I was given 5 minutes to ask ques- gest that it reflects her full thinking mine it, and she gave me no answer. tions of the next Secretary of the De- on the subject of guns in schools. But She certainly refused to commit to im- partment of Education—the person she then immediately contradicted her plement that regulation which, by the who is going to be in charge of the answer. Her first answer was that real- way, is supported by everybody in the thousands upon thousands of public ly should be up to States and local educational space. Undoing it would be schools in this country. There is no school districts, so I asked her the next a giant headache for everybody who precedent in this committee—the logical question: Well, if President works in education. Nobody wants it Health, Education, Labor, and Pen- Trump asked you to implement his undone. Yet she would not commit to sions Committee—for Senators being proposal to ban local school districts’ keeping it in place. cut off, being denied questions when and States’ ability to decide for them- Then I asked her another super sim- they have them. selves as to whether they want guns in ple no-brainer when we submitted writ- We spent a lot of time in the com- schools, would you support it? She ten questions. I just said: Would you mittee hearing arguing over how much said: I would support whatever he did, support the maintenance of the civil time we were going to get to question whatever he asked me to do. rights data collection system? This is Mrs. DeVos, and it became pretty ap- So on the one hand, she says it like once every 2 years, you have to re- parent why Senator ALEXANDER was re- should be up to States and local school port data on the performance of your stricting questioning as the hearing districts whether they have guns in the minority kids in your State’s schools. went on. This was a nominee who was classroom, and then on the other hand, Once every 2 years, you have to submit simply not qualified. This was a nomi- she says that she would support a Fed- this report, and it is very important nee who was not ready for this hearing, eral prohibition on gun-free school because it is one of the only ways the who is not ready to be Secretary of zones. You can’t have it both ways. Federal Office of Civil Rights and the Education. I had a wonderful meeting Much of the outpouring of opposition Department of Education can figure with Mrs. DeVos. She is a nice person, from Connecticut is due to the answer out if minority kids—Black kids, His- but she is not qualified to be Secretary she gave to that question. panic kids, Native Americans—are get- of Education. Senator ALEXANDER Parents in Sandy Hook, CT, can’t un- ting a raw deal. She wouldn’t even knew that. What I gather is that Sen- derstand—can’t understand—how a commit to maintaining the data collec- ator ALEXANDER sat down with her, fig- Secretary of Education could think tion, never mind do anything with it. ured out that she was not qualified, that putting guns in our schools would So at some point, you have to figure knew that she was not going to per- make our schools safer. This idea the out that where there is smoke, there is form well, and came into that hearing right has—and the folks the DeVos fire. She has been given all of these op- with the specific intention of limiting family hang around with—that if you portunities to say: I am going to be a our questions, because as the hearing just load up our communities with champion for disabled kids. I am going went on, it got worse and worse. guns, it will guarantee that the good to stand up for minority kids. I am I really wanted to ask questions guys will eventually shoot the bad going to make sure that every child, no about protecting disabled kids and low- guys has no basis in evidence. Rou- matter their race, no matter their reli- income kids, so I had planned to ask all tinely, guns that the good guys have to gion, no matter their learning ability, of my questions about whether she was protect against the bad guys get used gets an equal education. Every time prepared to stick up for those kids. She to shoot the good guys, and even when she was given an opportunity to set the gave very short answers to my ques- guns are around when bad stuff goes record straight, she obfuscated, she tions that, as I said, didn’t give me any down, they don’t get used to shoot the fudged, she clouded. confidence that she is going to stand bad guys. Parents and teachers in this When she got a question about the up for those children. country are freaked out that we would Individuals With Disabilities Edu- When I looked down at my clock, I have a Secretary of Education who cation Act, she didn’t seem to know still had 30 seconds left. I only had 5 would promote arming our schools. what it was. So maybe that is why the minutes, so I better use all of my time. Although at the end of that short answers were fuzzy when it came to So I asked her what I thought was a back-and-forth between Mrs. DeVos protecting students with disabilities— no-brainer. I asked her whether she and me, she did admit that kids getting she didn’t know what the law was. thought guns should be in schools. She killed in schools was a bad thing, sug- Maybe if she was asked specific ques- probably should have known that ques- gesting that schools need to be armed tions about the accountability frame- tion was coming from me. I wasn’t in- in order to protect against wild animal work that demands results for minor- tending on asking it, but my public attacks doesn’t suggest that is on the ity kids, she would have given a simi- service is defined by what happened in top of your mind. lar answer because she might not have Sandy Hook, CT, in December of 2012. How deeply offensive that answer was known what that was, either. And she knows she is going to work for to families like those in Sandy Hook If you are going to be Secretary of a President who has promised to ban who have gone through these tragedies Education, you need to have a moral States’ and local districts’ ability to and who know that the answer is not to

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.127 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE S786 CONGRESSIONAL RECORD — SENATE February 7, 2017 arm principals and administrators and Mr. President, I yield the floor. school. It had classrooms that did not teachers with high-powered weapons so I suggest the absence of a quorum. have hallways; they opened to the out- they can engage in a shootout inside a The PRESIDING OFFICER. The side. The school ground was a magical school. clerk will call the roll. place for me to go in the first grade. Even that school in Wyoming that The legislative clerk proceeded to I still remember vividly Mrs. Mat- she referenced noted within 24 hours call the roll. thews. Mrs. Matthews was a very stern that they didn’t feel like they needed a Mr. MERKLEY. Mr. President, I ask public school teacher. She had prob- gun to protect against grizzly bears. unanimous consent that the order for ably about 20 people in her classroom, They had a fence and they had bear the quorum call be rescinded. 20 little kids. She was determined that spray and that was good enough. The PRESIDING OFFICER. Without by the end of the first grade, we would I admit, she has gotten probably a objection, it is so ordered. all read at the third grade level. That little bit too much grief for that par- Mr. MERKLEY. Mr. President, this was her mission in life. And we would ticular answer, but it capped off her morning and throughout the night, the do math at the third grade level. Thus, performance in that hearing that was Senate has been considering the nomi- every moment in that classroom we disqualifying; that showed a lack of in- nation of Betsy DeVos to be the next were working. terest in protecting vulnerable kids— Secretary of Education. My colleagues She was a senior teacher. I thought poor kids, Black kids, Hispanic kids, have come down here to the floor, and of her as quite old at the time. I don’t disabled kids; showed a stunning unfa- I appreciate my colleague, who just know if she was in her fifties or sixties. miliarity with the laws that govern completed his comments, for his Suddenly that age doesn’t seem so old education; demonstrated an enthu- knowledge and his insights on public to me now. She was very experienced, siasm for market-based principles in education and his passion for a system and she had her system of working public education that simply don’t of education that provides opportunity with little kids. She would divide us work; showed a disregard for the dan- to every child in America. into groups of about four to five kids, ger of profit motivation driving deci- We are down here speaking through and we would work in different clusters sions in education; and uncovered some the night to raise the issue of why the around the schoolroom. She would incredibly dangerous positions that we nominee for Secretary of Education is travel from one cluster to another had not previously known about, like so completely inappropriate. We see keeping us on track, making sure we her enthusiasm for putting guns in the passion that has arisen across were progressing as we were reading to schools. That is why 13,000 people in America, ordinary citizens calling us each other, as we were doing our math my little State of Connecticut sent let- up on the phone, inundating our problems. By the end of the school ters and emails and made phone calls phones, thousands of phone calls—I had year, everybody read at the third-grade in opposition to her nomination. more phone calls in a single day than I level. We were afraid of Mrs. Matthews I had a really nice meeting with Mrs. normally get in a couple of weeks—in- because she was a very stern teacher, DeVos in my office. I concede that she undating us with thousands of emails but we all thrived in that classroom be- could have spent her money and her and letters. cause we had a person dedicated to the time—she has a lot of money—on some- Why is there so much public passion success of children. thing other than trying to make about this nomination? The short an- One of the things that helped Mrs. schools better. swer is that public education is a cher- Matthews was that there were 20 stu- So I give her credit. I give her a lot ished institution in the United States dents in her classroom. When I went to of credit for the fact that she spent of America. Public schools are a vital my son’s first grade classroom, there much of her fortune and put a lot of were 34 kids in that classroom. I don’t pathway through which our children time into making kids’ education bet- know that Mrs. Matthews’ strategy have the opportunity to gain the ter. But that is not a qualification could have worked with 34 children. I knowledge that allows them to thrive alone. Being rich and spending your don’t know if she could have taken 34 in our society. We don’t want to see money for a good cause doesn’t auto- kids and gotten them to the third that system of public education, that matically qualify you to be in the Cabi- grade level at the end of first grade. net. gateway for a successful life, destroyed It is unfortunate that we are not pro- Despite those good intentions, over by Betsy DeVos. That is why the Amer- viding for our children the same qual- and over again, Mrs. DeVos has shown ican people are sending us so many let- ity of education that our parents pro- she is willing, with her time and money ters and emails and making so many vided for us. Yet we are living in a and with her advocacy, to make good phone calls—because Betsy DeVos has knowledge economy world where public on her belief that public schools are a no education experience, no public education is much more important dead end, to empty out our public school experience. today for success than it was a genera- schools of money and students, to use Our students, teachers, communities, tion ago. So it is more important, but taxpayer funds to enrich for-profit in- and our Nation deserve leadership that we are funding it less. Certainly we vestors, and to leave behind millions does have public education experience, have growing national wealth. Why and millions of vulnerable kids who someone who does have a passion for aren’t we making the investment in need a champion in the Department of the success of every child, not someone our public schools? Education. who is simply dedicated to trying to Along comes Betsy DeVos, who says: Public schools were not a dead end tear down public schools so she can run Here is an economic opportunity for for me. Public schools were not a dead private profit institutions and put me to make even more money and con- end for my parents. Public schools money in the bank. vert these public schools to private were not a dead end for my wife. I am What do we really care about in the schools, private for-profit schools. That sure, having only watched my kids United States of America? Do we care bothers me an enormous amount be- progress through second grade and pre- about the education of our children or cause I want to see the resources not K, that public schools will not be a about an entrepreneur hijacking the go into the bank accounts of wealthy, dead end for my children. But to have public education system for personal ambitious entrepreneurs; I want to see a Secretary of Education who doesn’t profit? That is why the citizens of this those resources go into our public believe the public schools that are country are so outraged by this nomi- classrooms, which, quite frankly, don’t going to be under her charge can lead nation and outraged that Senators on have enough resources as it is. to results for our kids like they have this floor are planning to vote for her For first grade, I went up to Port- for generations is unacceptable. It is later today. land. My family moved with the timber why this body in a bipartisan way I had the chance to go to school economy. The mill shut down outside should rise up and say no to her nomi- starting in first grade down in of Roseburg, OR. We had been in nation and ask this President to ap- Roseburg, OR. Roseburg is a timber Roseburg through first grade. By sec- point someone who is going to be a town. My mother showed me the path ond grade, my father had taken a job daily champion of our public schools that was somewhere between a quarter as a mechanic up in Portland. We and not use the Department of Edu- of a mile and half a mile long. I walked moved to the public schools of Port- cation to undermine them. that path over to the first grade land and the following year bought a

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Isn’t that the goal in America, that taught in the Massachusetts school Public education being converted every child should have the oppor- system. He had been Commissioner of into a private profit company is the ex- tunity to pursue their dreams, not to Education in the State of New York perience that she brings. She likes the have that opportunity cut short by from June 2011 until January 2015. He idea of those schools having no ac- somebody who wants to drain the re- had been the Deputy Secretary of Edu- countability because if you have no ac- sources out of our public education sys- cation for a little more than a year. He countability, you don’t have to spend tem? had a lifetime of study about our pub- as much money on the kids, and you When I was in grade school, my fa- lic education system, a lifetime of make more money for yourself. ther said to me: Son, if you go through dedication to that system, a lifetime of That sort of self-serving, for-profit the doors of that school and you work experience in that system brought to depletion of our public schools should hard, you can do just about anything bear to make that system work for our not be represented or advocated for by here in America. children. the Secretary of Education. I thought that was pretty cool be- How about Arne Duncan, who pre- She has other experience. That expe- cause I lived in a blue-collar commu- ceded him? He was the ninth U.S. Sec- rience has to do with being very in- nity. I knew there were fabulously retary of Education, serving from the volved in one party of the United more affluent communities in different time President Obama came into the States—the Republican Party—serving parts of Portland, and our community office through December 2015. Arne as the Michigan Republican Party was not one of them. We were a work- Duncan graduated from college with a chairwoman from 1996 through 2000 and ing-class community. The idea that if I bachelor’s degree in sociology. He was 2003 through 2005. Serving as a party went through those doors and worked deputy chief of staff to the Chicago su- chair is different than gaining experi- hard, I could pursue just about any- perintendent from 1999 through 2001. He ence in public education. thing was a really cool notion. It gave was superintendent of Chicago Public She wanted to further press the case me a lot of pride in the United States Schools for 8 years—or almost 8 to convert public schools over to for- of America, and it gave me a lot of years—from June 2001 to January 2009. profit, a strategy that she was bene- pride in my parents’ generation that He also brought to bear substantial, ex- fiting from so much. She worked on a they were providing public schools to tensive experience and an under- 2000 ballot measure, and the people of enable every child to have this oppor- standing of the issues and how to ad- Michigan rejected it. She also put a lot tunity to thrive. dress them in America. of money into a PAC but, again, put- That is what we want to have—not a Let’s go back to a Republican admin- ting money into an advocacy group—an system for the elite, not a system in istration and Margaret Spellings, our advocacy group dedicated to depleting which the rich get their education over eighth U.S. Secretary of Education, our public schools—is not a foundation here and they are therefore destined to serving for 4 years, from January 2005 for running public schools. It is a foun- seize the best jobs in society and gener- through January 2009. She worked on dation for not running public schools. ationally build wealth upon wealth the Education Reform Commission During her confirmation hearing, it upon wealth while the rest of our Na- under Texas Governor William became so incredibly evident that she tion is left out in the cold—no, a sys- Clements. She was executive director knows nothing about public schools. It tem where every child has the oppor- for the Texas Association of School makes sense that she has no back- tunity to thrive. That is the great Boards. ground because she didn’t attend public foundation for a nation that says we We can keep going back and see the schools. It makes sense that she didn’t are going to dedicate our resources so type of experience that has been learn anything about public schools by that all families are lifted up. But that brought to bear on this important posi- teaching; she didn’t teach. Or volun- is not the vision of Betsy DeVos. That tion. Rod Paige was a son of public teering in ones—she didn’t volunteer. is why I am on the floor today at 5 a.m. school educators. Rod Paige was our It makes sense that she didn’t learn speaking about my concerns about her seventh U.S. Secretary of Education. about public schools from her children nomination and what it represents for Rod Paige taught at Texas Southern going to public schools because they public schools. University. He was Dean of the College didn’t go to public schools. We need, plain and simple, an Edu- of Education of Texas Southern Uni- You might have thought for all her cation Secretary who actually has ex- versity. He was a trustee of the board dedication to converting our public perience with public education. Betsy of education of the Houston Inde- schools over to for-profit schools, she DeVos has none. She did not attend pendent School District. He was a su- might have learned something along public school. She did not send her perintendent of the Houston Inde- the way, but we found out during her children to a public school. She did not pendent School District. In other confirmation hearing that she knows volunteer in a public school. She did words, as we work backward through literally nothing about public schools. not get a degree and teach in a public his career, he was involved in edu- If she knew she was going to have a school. I don’t know if she has ever set cation in one role after another. confirmation hearing, you would think foot in a public school. Betsy DeVos has none of that back- she would have prepared for this expe- The process—the journey of becom- ground. She has a background, and she rience. One of the major questions that ing a teacher—is one that requires sub- certainly has things she knows well we wrestled with in public schools is stantial education so you are prepared and is very good at, but education— how to use assessment tools and to convey and to find the pathway with public education—is not one of them. whether they should be used in the which children can learn, absorb She was chairwoman of the Windquest context of measuring students’ growth knowledge, move forward, and be in- Group, a private technology and manu- or students’ proficiency and how that spired. But Betsy DeVos likes the idea facturing investment firm. She was a reflects on the teacher. of schools in which there is no account- Republican National Committee mem- When asked by Senator FRANKEN ability for the preparation of the ber for Michigan from 1992 through about her views in this dialogue on pro- teachers. 1997. She worked at that point to divert ficiency versus growth as a tool of Why undermine the success of our children from our public education sys- measurement, Betsy DeVos said: I children for personal profit? For a mo- tem and to divert resources from that think if I am understanding your ques- ment, think about the type of back- system. tion correctly about proficiency, I grounds previous Secretaries of Edu- Michigan’s charter school system, would also correlate it to competency cation have had. They have been pre- which she has backed, has most of and mastery so that each student is

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There have been 210 school shoot- that? as an IEP, a legal document that lays ings. There were 64 school shootings in She was unable to respond to that out how public education will be tai- 2015. In Sandy Hook Elementary in question because she was unfamiliar lored to their needs. Once a year, the Newtown, CT—the Senator from Con- with the issue. That is a fundamental family, the student, the school offi- necticut was speaking during the pre- debate that is going on as we try to cials, and experts gather around a table vious hour—there was an assault that make sure that we have accountability to update the IEP, the individualized killed 20 first grade children and killed in our public schools. Perhaps she was education program, for that particular 6 adults. And this question of how to not familiar with the issue because she student, based on that student’s abili- create a secure environment is one opposes accountability in her for-profit ties and disabilities. that any nominee for public education operations, because the less you spend The IEP lays out the accommoda- should have a deep understanding of. on a student, the more you can put in tions the student may get in the class- Betsy DeVos has a questionable his- the bank. room and any related services the tory in terms of her interest and con- That is a very sad point of view—to school will pay for, such as occupa- cern about LGBTQ rights for students, put profit over people, and those people tional therapy or speech pathology and so that is a concern as well. are children. Another major issue in services. IEP can even be used to pay She does have this history of this war our school system is how to address the for certain kinds of private school edu- against public schools in Michigan, and education of students with disabilities. cation in the event a family requests it if we had a department for a war We have an act called IDEA, Individ- and the IEP determines that it is in against public schools, maybe she uals with Disabilities Education Act. the best interests of the child. would be the right person to lead it. It She was asked by Senator KAINE about Betsy DeVos would throw all this out would be a mission I would disagree IDEA and said that is a matter best the window and say: Let’s not as a na- with because I am here to tell you that left to the States. tion guarantee an opportunity for this vision of public schools—every Her response worries educators and these children. Let’s not require ac- child has the opportunity to thrive is a those with disabled family members countability for our States to provide vision we have embraced in America because before IDEA passed in 1975—so an education to these children. Let’s and should continue to embrace. it has been with us for 42 years now— not provide a pathway. Let’s leave it to If we believe in the American dream, only one in five students with disabil- a State. Maybe they will get an oppor- if we believe in opportunity for all, ities received a public education. tunity, maybe not, and that is OK with then we should not have millionaire I will put it differently. Four out of her. Senators voting to confirm a billion- five or 80 percent of students with dis- It is not OK with me. It is not OK to aire Secretary who knows nothing abilities were left out in the cold. They the parents of the thousands of chil- about public education and the strug- didn’t get the benefit of a public edu- dren who wrestle with a disability in gle for education among working cation. Our goal from 1975 forward as a my home State of Oregon. It is not OK Americans and Americans with modest nation has been to make sure students to the parents across this Nation that means. That is the concern—Senators with disabilities also receive the best their children be tossed aside in the vi- living in a bubble confirming a Sec- education that their circumstances en- sion of Betsy DeVos. retary who lives in an ultra-rich bubble able them to have. Betsy DeVos had little constructive and knows nothing about our public Before 1975, many States had laws on or helpful things to say on how she schools. the books that specifically excluded would protect students in our schools We can take a look at some of the disabled students. That began to and on college campuses if she became schools that Betsy DeVos has promoted change with a series of court cases and Secretary of Education. Sexual assault with her vision of no accountability. the eventual passage of IDEA, a vision on campuses is a very significant issue. Seventy-nine percent of Michigan char- in which we said: Let’s embrace our It is estimated that roughly one-fifth ter schools are located in Detroit. Very students with disabilities and give of women on campuses are victimized few perform in the top tier of schools. them a pathway to the maximum op- by sexual assault, and many of them There is a school in Brightmoor, a portunity they might be able to have know the offender; that of every 1,000 charter boasting more than a decade of in life. women attending a college or univer- abysmal test scores—not good test IDEA gives such students the right to sity, there are 35 incidents of rape each scores, not outstanding test scores, but a free and appropriate public edu- academic year. Only a small portion of terrible test scores. cation. That is the wording of the those are reported to law enforcement. That school is not alone. Another law—free and public education, and the So Senator CASEY asked her if she charter school, Hope Academy—serving right that this education should take will commit to maintaining President the community around Ground River place in ‘‘the least restrictive environ- Obama’s attempts to curtail sexual as- for 20 years—test scores have been ment’’ possible. saults, and the answer didn’t leave con- among the lowest in the State through- A right to free and appropriate public fidence with the Senator or the com- out those two decades. In 2013, the education and that it should take place mittee that she would be dedicated to school ranked in the first percentile. in the least restrictive environment that issue or understood that issue. That means out of 100 schools, it was has meant so much to millions of our Senator MURPHY asked Betsy DeVos the worst. But its charter was renewed students who have some disability in whether guns have a place in and under this vision of no accountability. life because we haven’t said to them we around our schools, and again she How about Woodward Academy? It is are setting you aside. We have said: We seemed unfamiliar with the national a charter that has bumped along at the are going to empower you to seize all debate. She said: ‘‘I think that is best bottom of school achievement since the opportunities you can possibly left for locales and States to decide.’’ 1998, while its operator, despite run- seize by making sure you have an edu- And referring to a school in Wyoming, ning an abysmal school, a terrible cation, an appropriate education in the she said: ‘‘I think probably there, I school, was allowed to expand and run least restrictive environment. imagine you need a gun in school to other schools. When Betsy DeVos responded to the protect against grizzlies.’’ How about the idea of outstanding issue about IDEA and said it is a mat- Senator MURPHY asked whether she schools, not terrible schools? How ter best left to the States, people would support President Trump’s pro- about the idea of resources invested in across the Nation envisioned how posal to ban gun-free school zones, and the success of the school, not an entre- States used to operate, which they ba- she responded that she would. preneurial for-profit strategy designed

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.132 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE February 7, 2017 CONGRESSIONAL RECORD — SENATE S789 to squeeze as much money out of that cates for conversion or reparative ther- the Russell Senate Office Building, just school as you possibly can at the ex- apy. a few yards from here, where hundreds pense of our children? Well, in all those ways, it sends a of activists came out to rally against Stephen Henderson, an editor at the message that as the Secretary of Edu- her confirmation. Detroit Free Press, summed up the car- cation, Betsy DeVos is not going to The phones in my office have been nage in Michigan—Betsy DeVos’s de- watch out for LGBTQ students, who ringing off the hook for weeks, with structive results in Michigan—as the have plenty of difficulty figuring out folks calling in opposed to this nomi- following: ‘‘Largely as a result of the life and a pathway to life in a world in nation. We have received 19,667 letters DeVos lobbying, Michigan tolerates which they don’t necessarily find sup- and emails from constituents—that is more low-performing charter schools port in many places. And their concern the last count—who are writing in op- than just about any other State, and it is amplified by her opposition to non- position to her nomination—opposition lacks any effective mechanism for discrimination protections for the to potential confirmation by the Sen- shutting down or even improving fail- LGBTQ community. In fact she has do- ate. ing charters.’’ That is a powerful state- nated hundreds of thousands of dollars These letters, these phone calls, they ment, that DeVos’s assault on public to defeat marriage equality—an oppor- are coming from teachers and adminis- schools—converting them to charters tunity for opportunity in our Nation. trators, they are coming from parents, with no mechanism for shutting down Funding these anti-LGBTQ causes is they are coming from concerned citi- poorly run charter schools, no mecha- plenty of concern for students and zens who know what powerful role pub- lic education has played in the oppor- nism for improving failing charter their parents across America. tunity for our children. Now, this vote schools—Betsy DeVos’s vision of zero Well, why is she nominated to be Sec- today has been laid out as something accountability—producing failing retary of Education? I think an objec- that virtually equally divides the Sen- schools—is an assault on the oppor- tive observer would say that she has ate; that there may be 50 votes for her tunity for the success of our children. been a massive donor to the party of the President, and that objective ob- nomination, maybe 50 votes against. And it should not be entertained, and Half of the Senate saying no is a server would be right. Some $200 mil- she should not be within a thousand rather spectacular rejection of this in- miles of the Department of Education. lion was donated to the President’s dividual, but we need another Senator. A columnist, an editor with the De- party. We need a 51st Senator who values our When discussing her contributions in troit Free Press, went on to summarize children over for-profit destruction of 1997, DeVos said the following: ‘‘I have that ‘‘as a result of DeVos’s inter- our public schools. Is there not one decided to stop taking offense at the ference and destruction of the schools more Senator who will stand up and suggestion that we are buying influ- in Michigan, we are a laughingstock in fight for our children here in the Sen- ence. Now, I simply concede the point.’’ national educational circles, and a pa- ate? riah among reputable charter school She continued: ‘‘They are right. We do We need a Secretary of Education operators, who have not opened schools expect something in return.’’ She con- who knows about education policy, a in Detroit because of the wild West na- cluded: ‘‘We expect a return on our in- Secretary who has experience as a ture of the educational landscape vestment.’’ Well, she is seeking a re- teacher, who has experience as an ad- here.’’ turn on her investment by seeking the ministrator, and who wants to fight for Often what we see with this strategy nomination and receiving the nomina- our schools to thrive, not for our from the very rich who want to mas- tion to Secretary of Education, but schools to be exploited, but we don’t querade as helping our children and pay-to-play politics has no place in our have that nominee today. So that is challenging communities is what they public schools. Let me repeat that once when this body needs to stand up and really want: They want the govern- more. Pay-to-play politics has no place say no to the President; say, no, Mr. ment to pay for their elite education in in our public schools. Our children’s President. We know you were pushed to private schools. Take the money out of education is not for sale. That is why do this because this individual donated the public system and help the wealthy we are here tonight on the floor of the massive amounts of money to your in America be even wealthier by sub- Senate conveying our passionate dis- party, but that is not a qualification sidizing or paying for their children to sent against this nomination. for serving as Secretary of Education. go to elite schools. The Secretaries in the Cabinet—their We need for the Senate to reject this The strategies that Betsy DeVos im- position—should not be sold to the and the principle it represents, the plements results in this failing system highest political bidder, and certainly principle that experience matters, that in Michigan that has become ‘‘a laugh- one should have a small modicum of the heart for our children matters, not ingstock in national educational cir- experience to bring to the post, par- how much money you pump into the cles, with no accountability for im- ticularly when it comes to the edu- President’s party. I think it might be proving the schools, and no account- cation of our children. Throw on top of helpful to look at some of the writings ability for shutting them down.’’ that this pay-to-play politics. Throw that have been put forward. Let me If anyone was running a private busi- on top of that a determination to de- read an op-ed from an Oregon paper, ness with no accountability, that busi- stroy our public schools and to turn the Register-Guard, our Eugene paper. ness would fail. But when it comes to them into for-profit operations for the This article is by Belicia Castellano. squeezing money out of the public sys- benefit of the rich, to squeeze profits She writes the following: After having tem, there are opportunists who say: out of these schools that are investing donated $9.5 million to Donald Trump’s Here is something. Don’t care much in our children, and this person is Presidential campaign, President-Elect about public education, but I sure see uniquely unqualified, the most un- Trump selected Betsy DeVos as his an opportunity. I smell an opportunity qualified individual to be considered Secretary of Education. This decision for profit right here. I can squeeze that for a post of this nature probably in has been widely viewed as controver- school, and I can make a lot of money. the history of the United States of sial. With Trump’s decision, it is appar- That person belongs nowhere near America. ent that education policy will focus on our public education system. I was home in Oregon last week. I at- the privatization of public education. There are other things that concern tended a rally of folks who wanted to DeVos is not a suitable candidate for folks. In 1983, Betsy DeVos’s family share their thoughts about Betsy this position and much more consider- funded the creation of the Family Re- DeVos’s confirmation. CREDO helped ation should be taken into who has of- search Council. FRC is known for its organize the rally, an organization fered such a significant role in our gov- incendiary anti-LGBT agenda. It is that fights for progressive change, for ernment and society. DeVos would not known for its promotion of junk opportunity for every child, oppor- be actively supporting our public science, claiming a connection between tunity for every family to thrive. schools, and would not commit to ad- homosexuality and pedophilia. The In a short period of time, 1.4 million vocating for only public schools. We FRC thanks on its Web site the DeVos Americans had signed the CREDO peti- need a Secretary of Education advocate and Prince families of Michigan for es- tion for her nomination to be blocked. of all teachers, principals, staff, stu- tablishing its DC base. And FRC advo- Just yesterday, I was at a rally outside dents, and families within different

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We are saving some money to help in the field of education. whether they can save a little money that be possible. Even though I had no I guess that is kind of the point here, to help their child go to college. Then understanding of what college was all is someone should have some experi- they look at that savings in the con- about, the message from my parents, ence working within the field of edu- text of the cost of college and realize it that they were encouraging my sister cation. This Register-Guard editorial is not enough and that their children and me to aspire to that pathway and said: will have to take on a lot of debt to be that they were going to help us, just The morning after Election Day, a Reg- able to attend even a public 4-year sent a message: It is a feasible path- ister-Guard editor asked University of Or- school. way. egon President Michael Schill what he knew So back a couple of years ago, I held So I always assumed, not knowing about President-elect Donald Trump’s views a whole series of meetings with stu- the details of what college cost or what on higher education. Schill’s answer: hardly dents on different campuses in Oregon. scholarships might be available, I just anything. The students brought balloons that always assumed it would be possible to It goes on to say: DeVos is a long- said on the balloon what their debt was go. We need a system of higher edu- time advocate of charter schools and or their anticipated debt would be at cation in which people can afford to go school vouchers, but the Chronicle of the time of their graduation from col- to college without massive debt. What Higher Education and other publica- lege. Some of them said, $22,000, some is important to understand is this af- tions have turned up few grains of in- said $14,000, but a lot of those balloons fects not only the opportunity after formation after sifting through her po- said $55,000 or $85,000. Some students high school, it affects how children feel sitions on issues affecting colleges and had gone from undergraduate to grad- about schools when they are in school. universities. DeVos’s home State of uate school, and their numbers started We see this, for example, in the Michigan has more charter schools run to get to three figures: $112,000. DREAMS Program, where children are by private companies than any other It is in light of that debt in the high- sponsored from grade school, and they State, she is expected to be friendly to er education system that parents start are told: Listen, you have been the ben- for profit colleges. Maybe, maybe not— to wonder whether college makes sense eficiary of an individual who is going who knows. because with that kind of debt, that is to pay your college expenses and for a So the point is that the Secretary of half the price of a home in my commu- program for you to get extra men- Education should also have experience nity. You can buy a two- or three-bed- toring during your K–12 years of related to higher education. Let me room house for $250,000 in my commu- school. Those children thrive at a speak a little bit to that. Our public K– nity, although the price has been going whole different level in public schools 12 system, which has now become up. than the children in an adjacent class- sometimes a preschool through com- So you are saddling a child with a room who don’t have that sponsor and munity college system, or a K–20 sys- debt the size of a home mortgage or at don’t have that vision laid out for tem, has expanded vision. least a good portion of a home mort- them that there is an affordable col- We have started to understand that gage. The fear is, what happens if you lege awaiting them. just as we said at some point that the graduate with that debt and you actu- So that is an issue we need to have equivalent of a high school education is ally can’t get a job to pay off that debt. an advocate for, as Secretary of Edu- essential for a pathway for opportunity That concern has many folks saying to cation, as well as an advocate for our in our country, so now is the ability for their children in middle school and in K–12 system, and we don’t have that in many visions of what you will do with high school that they are not sure their Betsy DeVos. She doesn’t bring her your life, to attend school after high child should follow that pathway. personal experience in life to bear with school; that is, higher education. Now When a child hears from their par- that. there are many pathways to success ents that they are not sure that path- I am going to wrap up my part of this through apprenticeship programs and way makes sense, that affects and re- conversation by noting that this is a other routes that we should publicize verberates back to the way they treat potential turning point in our history. and honor, many trades that need more junior high and the way they treat If we hand over the reins of our edu- people in them, very successful path- high school because they see it as a cation system to a person who wants to ways to stable family finances, a foun- pathway that has been paved for them see it as one more corporation, one dation for raising your children. by society so they can thrive. And if more opportunity for profit, we will de- But much of our economy does re- they will be able to afford public edu- stroy a system that is the foundation quire the experience of gaining a high- cation on through college, that is more of the American dream, the foundation er education through our community inspiring and more powerful and can of the vision for every child to thrive. and 4-year universities. The cost of this persuade a person to work hard in jun- We are a society to make sure that the pathway has exploded. There was a ior high and high school than the mes- pathway of opportunity is there for chart a couple of years ago in the New sage that, no, it is so expensive we each and every child, including chil- York Times that showed the cost of don’t think that you are going to be dren who are English language learn- different products over a 10-year pe- successful going that route and it is ers, including children who have dis- riod. Over that period, the product that going to be a trap. That message hurts abilities, including children who come had increased the most in price was the our public schools. But Betsy DeVos from blue collar communities, as I do. cost of a university. University edu- has none of this understanding, how Every child. That is the vision we are cation tuition, that was the very top the high cost of college then reverber- fighting for that is about to be deeply curve. The bottom curve—the things ates back into junior high and high damaged. that had decreased the most in price— school. Should the reins of public education was large flat-screen TVs. Now, you How about the issue of STEM edu- be handed over to an individual who don’t need a large flat-screen TV to cation—science, technology, education, wants to destroy it? thrive in life, but for many opportuni- mathematics—and the role that plays That is why I am encouraging our ties in our economy, you do need a 4- in our schools. You know, I feel par- colleagues to search their hearts, step year education at a university. So the ticularly lucky in life. I am the first in aside from party politics and pay-to- thing we need, our students need, for my family to have gone to college. My play politics, and fight for the children many pathways had increased the most mother and father came from very, of the United States of America. in price. That cost effectively creates a very modest backgrounds. Yet thanks Mr. President, I suggest the absence massive barrier. If you are a million- to the economy after World War II, of a quorum.

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.135 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE February 7, 2017 CONGRESSIONAL RECORD — SENATE S791 The PRESIDING OFFICER. The across the country, writing, emailing, Another theme that Rhode Islanders clerk will call the roll. urging the Senate to reject her nomi- wrote about was the double standard of The senior assistant legislative clerk nation. I have received over 12,500 calls this nomination. One vice principal proceeded to call the roll. and messages from Rhode Islanders, an wrote: Mr. REED. Mr. President, I ask unan- unprecedented negative response to a We as administrators are required to be imous consent that the order for the Presidential nominee. highly qualified in order to run our schools quorum call be rescinded. We are the smallest State in the through an evaluation process. We also re- The PRESIDING OFFICER. Without Union. We have a population of just quire this of our teachers as well. How can objection, it is so ordered. over 1 million people, and we under- we support someone in a position to lead the Mr. REED. Thank you, Mr. Presi- stand that even for the most chal- educational process who is not held to these dent. lenging and publicized issues, we rarely same standards? Mr. President, the nomination of get this type of response. It is because That is a fair question that neither Betsy DeVos has triggered an outcry of this nomination touches a nerve. It Mrs. DeVos nor the Trump administra- deep public opposition. It has also in- touches a nerve with people who are tion has answered. spired an outpouring of popular sup- products of public schools because they But again, it is not purely about her port for public schools. honor the success of public schools, but resume. Another theme I heard about Public education is what has made it also touches the nerves of people from many Rhode Islanders is their America great. It is at the heart of the who may not have attended public fear of the empathy gap from this ad- American dream. Our schools are much schools because they recognize the ministration. Here is an example from more than just a collection of class- value, the necessity, the need for good a letter written by a public school prin- rooms. They are expressions of our public education. Without it, we can’t cipal: communities and our values. move forward as a nation; without it [M]y heart is sinking. I have worked as an This is a lesson I learned from my there is no alternative except typically educator in urban public schools for the past parents. My father was the school cus- very expensive private arrangements to 19 years, as a teacher and, now, as a prin- cipal. I was an attorney before I was a teach- todian in a public school. He took tre- educate our children. er—I came to the profession as a second ca- mendous pride in ensuring that the Once again, free public education has reer, by choice, with a passion for righting school was clean, in good repair, safe, been a hallmark of this country. It the inequities our students face. I have and welcoming to the students. He was might have been one of the most domi- worked all of my career with our most needy part of the public school team en- nant factors in ensuring equality. Our populations, a group whom I believe also to trusted with our community’s children. country is based on equality—equality be our most brilliant, caring, loving, and He, along with the teachers, principals, before the law. But without a good edu- amazing young people. I feel blessed to get to and every staff member at the school cation, how can one be equal? How can work with them and their teachers every day. I ache for the things they don’t have were deeply committed to public edu- one understand their rights and use their rights, understand their abilities that other schools have, and for my power- cation. We saw that commitment each lessness to right that wrong. Betsy DeVos and every day. He spoke of that com- and use their abilities? wishes to take on a role with the power to mitment when he came home in the Our constituents all across the coun- right those wrongs. Yet, she seems unaware evening. The teachers would do much try want a champion for public edu- that such inequities exist, and is undisturbed more than what was asked of them to cation at the helm of the Department by them. She has never worked with young ensure that students got the best op- of Education. They want someone com- people in schools, much less in public portunities and best education. Every- mitted to public schools, someone schools, much less in urban schools. She has knowledgeable about the Federal role never been a teacher or an administrator or one in our school was pulling for our the parent of a child in a public school. She children. That is the way it should be, in education, and they have determined that Betsy DeVos is not that person. has never wrestled with the incredible want and that is the way it must be. This for resources, the choices we have to make was free public education, the hall- Having looked at her record and viewed every day, all within a city and state with mark of America, and perhaps one of her performance during the confirma- some of the most prestigious and wealthy the most important contributions that tion hearings, they are telling us that schools just a few steps away. we have made to progress, prosperity, she is the wrong choice to lead the De- The realities for our urban students and economic growth, not only here in partment of Education, and we should are so vastly different from the reality the United States but around the heed their pleas. Of the thousands of that Betsy DeVos and her contem- globe. That is what we are talking Rhode Islanders who have contacted poraries live in. To hear her unable to about today—the future of public edu- me to express their opposition to Mrs. even comprehend the need for equal ac- cation. DeVos’s nomination, I would like to cess and equal opportunity for high It is that kind of commitment to share the sentiments of a few who ex- quality childcare and post-secondary public education, going in early, work- emplify the deep concerns I am hear- education was painful. To hear her say ing hard—I can remember of course in ing. it would be nice for everyone to have the wintertime, when the storms would One teacher wrote: access to a college education, but noth- rage through Rhode Island, it was not Mrs. DeVos is not versed on the real con- ing in life is free—she is completely un- cerns of families and their children, and does uncommon for my father and his col- not know the issues and concerns educators aware of her own privilege, the privi- leagues to be out there on a Sunday face in our schools. As a teacher in a public lege of her children, and the privilege afternoon, if the storm was bad school, I believe she is completely unquali- of her family and extended circle, those enough, shoveling all night long so fied to lead the Department of Education. who have billions of dollars, who were that Monday morning the school was She does not understand the definition of born into great wealth, and who have open for the children, the teachers proficiency and she did not know our chil- never had to struggle economically. could get there, and the food could be dren were protected by Federal laws (dis- That is unacceptable in someone who prepared. That is the type of commit- ability act). As a parent, I do not believe wishes to fill one of the most distin- Mrs. DeVos understands the concerns middle ment that has been evidenced through- income families have regarding their chil- guished offices in our land. out our history when it comes to public dren and their futures. She also does not be- Our students and teachers and education. That investment of effort lieve that guns should be kept out of our schools need a champion who will work but also of trying to understand and schools. This proves how out of touch she is tirelessly to reverse the inequities of trying to improve public education has with our students, their families and teach- our educational system—inequities been at the heart of what we have all ers. that I am painfully aware of every day done. I think many Americans agree with here in Rhode Island. It isn’t right that Indeed, I believe it is that kind of the sentiment that Mrs. DeVos is out some students have football fields, and commitment to public education that of touch and out of step with American 1:1 computers, and huge libraries, and has caused millions of Americans to families. Neither she nor the President food choices and AP classes and much speak up about the nomination of seems to have much, if any, experience more, while others have no outdoor Betsy DeVos. Teachers, parents, and with public schools, as students, par- spaces, little access to technology, and community members have been calling ents, educators, or administrators. crumbling buildings. We cannot allow

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.137 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE S792 CONGRESSIONAL RECORD — SENATE February 7, 2017 that to be who we are. Our families constitutions. Attendance is compul- The choice is usually one that is bi- work incredibly hard and want the sory. Public schools do not charge tui- partisan and largely supported by not very best for their children. To say, tion, and they must accept all stu- only teachers but parents and adminis- ‘‘everything in life isn’t free,’’ when it dents. trators and education officials from has been for Mrs. DeVos’s family, is Pell grants and GI Bill benefits sup- across the United States. In this case, hypocritical and mean. We need a port postsecondary education, which is though, we have in Betsy DeVos of champion of equity. Please vote voluntary. Schools do not have to ac- Michigan a person of some controversy. against her confirmation. cept all students, nor are students re- Last Saturday, I spoke to the Illinois This next letter I want to share is quired to attend. Individuals must pay Education Association, a group of from the mother of a special needs to go to college. about 150 teachers who had gathered in child. Like many Rhode Islanders, she We do not want a system of elemen- Springfield, IL. They have been my is distressed by the fact that Mrs. tary and secondary education where friends for many years. Cinda Klickna, DeVos has suggested that a landmark students and families must pay and who is the President of the organiza- civil rights law should be left up to the schools can choose which students they tion—we have a relationship that goes States. She writes: serve. That is not the universal system back to the days when she was a class- I have grave concerns about the nomina- of public education that has made our room teacher—she now has risen tion of Betsy DeVos as Secretary of Edu- Nation great. through the ranks and heads up one of cation. As a parent of a special needs child, Our constituents understand that, the major teachers organizations in it would not be an understatement to say which is why we have seen the public that I was horrified at Ms. DeVos’ answers to our State. the questions about the Individuals with Dis- outcry against this nomination. And Cinda is a true teacher at heart and abilities Education Act during her recent with this public outcry, they reaffirm really cares for students, cares for hearing. The one thing we rely on the De- our commitment to public education, schools. She has devoted her life to it. partment of Education to do is to vigorously recognizing that it has been the force She brought together 150 of her best enforce and uphold the landmark civil rights that has pulled this country forward teachers from around the State, pre- law that is IDEA. Without it, our children over generations; indeed, generation paring them to become more active po- will fall through the cracks. It is extremely after generation. With that under- litically in our State and Nation. difficult to navigate the system and make Naturally, they were tuned into this sure your child gets the support he or she standing, we have just, in fact, on a bi- needs. My son is 20 now so I’ve been doing it partisan basis, provided more flexi- nomination of Betsy DeVos. They have for a long time. I’ve served on both state and bility and more discretion to the De- a lot on their minds these days with local special ed advisory committees, school partment of Education. We need a Sec- the selection of the new President. committee, taken special ed training, even retary who will take that discretion Nearly all of them have written me, mentored other parents, and I STILL don’t and flexibility in the spirit of public sent me an email, or contacted me per- completely understand all of the nuances of education with a fundamental and pri- sonally opposing the nomination of the IDEA laws. For someone to be appointed mary commitment to American public Betsy DeVos. to the highest office in the land in charge of I have not met Betsy DeVos. We tried upholding those laws and not be aware of education, with a desire to see Amer- them, is unacceptable. It’s too big of a learn- ican public education succeed, not fail. to set up our schedules so I could, but ing curve. Surely there are more qualified We need that type of Secretary. Unfor- it didn’t work. I take as much blame as candidates. tunately, Mrs. DeVos is not that type necessary for that not happening. I Last Congress, we came together to of Secretary. have studied her background. I have rewrite the No Child Left Behind Act. So I urge my colleagues to heed the paid close attention to what she has We passed the Every Student Succeeds call of all of our constituents in an un- said since she has been nominated and Act on a strong bipartisan vote—85 to precedented outpouring of messages tried to understand where she comes 12. and phone calls and text messages and from. We moved toward giving States and rallies, and join me in voting no It is true that she is a person of school districts more flexibility in de- against this nomination. wealth. The Prince family, which she signing their accountability systems, With that, I suggest the absence of a was born into, is well known in the especially regarding how they identify quorum. Midwest and in Michigan for its suc- and intervene in schools that are strug- The PRESIDING OFFICER. The cess in the automotive industry and gling to serve their students as well. clerk will call the roll. many other endeavors. Then, she mar- We strengthened transparency, includ- The senior assistant legislative clerk ried into the DeVoses of Amway, an- ing greater transparency about re- proceeded to call the roll. other legendary business, where she source equity. We agreed to maintain Mr. DURBIN. Mr. President, I ask has been able to accumulate some key Federal protections—or, as Sen- unanimous consent that the order for money. ator MURRAY calls them, ‘‘guard the quorum call be rescinded. There is nothing wrong with that in rails’’—to ensure that we do not return The PRESIDING OFFICER (Mr. America. In fact, many people aspire to to the days when students, such as stu- ALEXANDER). Without objection, it is so it and reach that goal and are admired dents with disabilities, English lan- ordered. for reaching it. It doesn’t disqualify guage learners, poor and minority stu- Mr. DURBIN. Mr. President, we gath- her for anything in life as far as I am dents, routinely fell through the er on the floor of the Senate at an un- concerned, but it does not necessarily cracks. usually early hour. In fact, the Senate qualify her for certain things in life. For the Every Student Succeeds Act has been in session all night. The ques- It is not clear to me from her record, to work, States and school districts tion before us is the nomination of when it comes to the field of education, need a strong partner at the Depart- Betsy DeVos to be Secretary of Edu- that she is prepared to serve this Na- ment of Education—a partner who un- cation. It is possibly the most con- tion as our next Secretary of Edu- derstands how public schools work, a troversial nomination made by our new cation. I don’t find in her background partner who is committed to strength- President Trump. qualifications for the job that I found ening public schools. Mrs. DeVos is not This is an office which doesn’t usu- when the Presiding Officer was chosen that partner. Her life’s work has been ally attract this kind of controversy. as Secretary of Education or when my to divert taxpayer dollars to fund al- Former Secretaries of Education have friend Arne Duncan of Chicago, whom I ternatives to public schools. included Arne Duncan, who ran the had breakfast with yesterday, was cho- Some on the other side of the aisle Chicago Public Schools system. He was sen for the same position. have argued that private school vouch- the first to be appointed in the first Ms. DeVos’s experience in education ers are no different from Pell grants or term of President Obama. Senator is limited to using her family’s sub- GI Bill benefits. This claim is another LAMAR ALEXANDER of Tennessee—who stantial wealth to push for a so-called one of those alternative facts that the is a friend of mine and whom I have reform agenda in her home State of new administration is so fond of. served with—before his service in the Michigan. Ms. DeVos has never been a Public elementary and secondary Senate, was also the Secretary of Edu- teacher. She has never been an admin- education is enshrined in our States’ cation. istrator. In fact, she has never held any

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.138 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE February 7, 2017 CONGRESSIONAL RECORD — SENATE S793 job in public education. Neither she nor might choose instead to use their ited so many schools in my State, pub- her children have attended public voucher to send their kids to a private lic schools, Catholic schools, charter school. That is not a disqualification. I school. schools, every imaginable school. I attended Catholic schools. My children I offered three amendments that day have supported high-performing suc- attended both. She has never been a in the Appropriations Committee. The cessful charter programs. professor or college president. She has fate of those amendments told a pretty I think about the KIPP program here never had anything to do with college graphic story about the voucher pro- in the District of Columbia, in Chicago, financial aid, as I understand it. She gram in the District of Columbia, and and other places, consistently pro- has never been involved in a loan pro- it also reflects on the candidacy of ducing some of the highest results, the gram—least of all one as large and Betsy DeVos to be Secretary of Edu- best results, and the highest standards complex as the Department of Edu- cation. for students. Is there a lesson to be cation’s Direct Loan Program. The three amendments were, No. 1, learned from the KIPP model for all She has never taken out a Federal that the teachers in the voucher schools? Of course there is. You have to student loan, nor have her children. schools had to have college degrees. be blind to ignore it. Admittedly, that is not a requirement That to me did not sound like a radical But on average, charter schools don’t to be Secretary of Education, to have idea. Most of us assume that if you are perform any better than public had any of these experiences, but had going to teach in a school, you have a schools—on average. To say that this is she had even one or two of these, we college diploma. It turns out my a model that we should embrace re- could point to real-life experiences amendment was rejected with the DC gardless is unfair to students. If we are which would prepare her for this awe- voucher program that day when it was going to exalt performance and results, some administrative responsibility. offered. The argument was made they let’s do it in an honest fashion. I think these gaps in her life experi- needed more flexibility in terms of who These schools that receive Federal ence are fair to raise when a nominee would teach in these schools. That was and State taxpayer funding should be to be the Nation’s top authority in edu- worrisome. held accountable, as all schools. Ms. cation has shown a lack of familiarity The second amendment I offered said DeVos doesn’t agree. Senator TIM with even basic educational policy that the schools themselves, the stu- KAINE from Virginia asked Ms. DeVos issues, as Ms. DeVos did in her testi- dents, had to take the same test— at her confirmation hearing if she mony before the Senate HELP Com- achievement test—as students in pub- agreed with equal accountability for mittee. lic schools in DC so we could measure any K–12 school that receives taxpayer She could not articulate the dif- one against the other. That amend- funding, whether that school is public, ference between proficiency and ment was also rejected. They wanted to charter, or private. She refused to growth in the context of K–12 account- have the right in the so-called voucher agree, and at one point even said ‘‘no’’. ability. I can tell you that Saturday at schools to have their own set of tests Ms. DeVos also seems unwilling to the Illinois Education Association that they would approve, not nec- acknowledge that many private and meeting, everyone in the room knew essarily the same test as the kids in charter schools are not equipped to those terms well. They knew the cen- public schools. That amendment failed. support students with disabilities and The third amendment I was sure tral role they had played in the na- other special needs in the way the pub- would pass, but it failed as well. The tional debate on education since the lic schools are required to do. These third amendment said the actual election of President George W. Bush students, along with many low-income school buildings used for DC voucher and the creation of No Child Left Be- and minority students, would certainly schools had to pass the fire safety code hind. be left behind in Ms. DeVos’s ideal edu- requirements of the District of Colum- Ms. DeVos also said in her testimony cation world. bia, and that was defeated too. that States should be able to decide I voted against the DC voucher pro- Last year—and the Presiding Officer whether to enforce the Individuals with gram for those reasons. I couldn’t un- was a major part of this decision—Con- Disabilities Education Act. She appar- derstand how you could push for a gress did what seemed unimaginable. ently didn’t know that IDEA is already voucher program not guaranteeing We came together and passed the Every a Federal law and has been for more that the teachers had diplomas from Student Succeeds Act, or ESSA. ESSA than 40 years. As a nominee, Ms. DeVos colleges, that they had schools in safe makes important improvements to our did not do her homework. buildings, and that the students would elementary and secondary education Is that the person we want as Sec- be tested against the same public program. It requires States to set aca- retary of Education? The experience school test that DC Public School stu- demic standards, measure student Ms. DeVos has is limited to using her dents faced. achievement, and develop account- considerable wealth in favor of an That raised questions in my mind ability plans for all schools receiving agenda for so-called school choice. Ms. about the true intent and motive of Federal money. DeVos has spent years supporting those who were pushing voucher Giving Illinois parents, teachers, and school vouchers, which funnel tax- schools. Ms. DeVos, in Michigan, has principals a replacement to No Child payers’ money from public schools into been a proponent of voucher schools. Left Behind was a great bipartisan private schools. She has pushed the expansion of char- achievement. I do want to call out in a I am familiar with that model, as it ter schools and used her extraordinary favorable way, my colleague, the Pre- was implemented here in the District wealth to insulate them from common- siding Officer, Senator ALEXANDER of of Columbia years ago. It actually sense oversight and accountability in Tennessee, and my colleague Senator started with an amendment in the Ap- her State. MURRAY of the State of Washington. propriations Committee by a friend of Even as the schools failed to deliver They did a great job. mine. Mike DeWine was the Senator on the promises made to children of While ESSA provides more authority from Ohio and offered an amendment parents, Ms. DeVos continued to pro- to States and local school districts, it to create a voucher program in the Dis- tect them from the same account- also included important Federal guard- trict of Columbia. It was a surprise be- ability standards as public schools. In rails to ensure key civil rights protec- cause a markup of the Senate Appro- 2015, a Federal review found ‘‘an unrea- tions and holds States and school dis- priations Committee is not usually the sonably high’’ percentage of charter tricts accountable. Federal rules to place you tackle something of that mo- schools on the list of Michigan’s lowest carry out that important Federal task ment, but he offered it, and I offered performing schools. are now in doubt and in jeopardy. some amendments. The notion behind Today, for-profit companies operate I don’t have confidence that, as Sec- it was that the District of Columbia almost 80 percent of charters in Michi- retary, Ms. DeVos will appropriately would provide vouchers for the parents gan, more than any other State, and carry out the Federal Government’s re- of children so they could choose the are underperforming compared to pub- sponsibility under the law to ensure schools for the kids. They wouldn’t be lic school counterparts. that all students—regardless of in- forced to attend public schools. They Let me be clear. I believe some char- come, race, gender, or disability—are might not attend charter schools. They ter schools can be effective. I have vis- achieving.

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.140 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE S794 CONGRESSIONAL RECORD — SENATE February 7, 2017 For me, it all boils down to this. I do relied on. Other companies soon fol- America already, have friends in high not believe Betsy DeVos will keep the lowed the University of Phoenix’s cor- places in Washington. promise we made more than 50 years porate example. As John Murphy said, We know what happened to their ago when Lyndon Johnson signed into ‘‘Phoenix was the one that got it roll- stock prices over the years, as students law the Elementary and Secondary ing, then all the other for-profits fol- and families realized how terrible they Education Act, which guaranteed in lowed them in.’’ were and stopped attending them. En- the United States of America a free What resulted was an entire industry rollment went down in many of the and equal quality public education to built on defrauding students and fleec- schools. Guess what happened the day every child. ing taxpayers. For-profit colleges and after President Trump was elected? I am not going to give up on that universities in America today are the The stocks of for-profit colleges and promise, which really is a bedrock most heavily subsidized private for- universities started to rise again. They principle of America. There is more profit businesses in our country. These saw new opportunities. They were work to do, I am sure, but I believe we are not good corporate models. These going to get a Department of Edu- can improve America’s public schools. are crony capitalist ventures that have cation that would stop enforcing the Let me also say that I couldn’t dis- found a way to tap into the Federal law to stop the fraud that they have agree more with what Ms. DeVos has Treasury at the expense not only of been guilty of. said about guns in schools. taxpayers but of unwitting students At her hearing Ms. DeVos gave us no My colleague Senator CHRIS MURPHY and their families. Nearly every major hope for any different outcome. We represents the State of Connecticut. for-profit college has been investigated know from recent data released by the Both he and Senator BLUMENTHAL have or sued by one or more State or Fed- Obama Department of Education that told us many times, in heartbreaking eral agency for unfair, deceptive, and many for-profit colleges actually re- and graphic detail, what happened that abusive practices. ceive nearly 100 percent of their rev- day at Sandy Hook Elementary—what The numbers tell the story, and I enue from Federal taxpayers in the they went through just as observers— have told them many times. Some 10 form of title IV funds, Department of what they saw in the eyes of the par- percent of college students go to for- Defense tuition assistance, and Depart- ents who came to realize that their profit colleges and universities, and 20 ment of Veterans Affairs GI bill. I children had been killed—brutally percent of all the Federal education aid don’t know how a good business-ori- killed in the classroom at that elemen- goes to the same schools. That is 10 ented Republican could overlook the tary school. I have had the responsi- percent of the students and 20 percent fact that these so-called for-profit bility to meet with the parents of those of the Federal aid. The schools are ex- schools are thinly veneered operations, kids, and to try to make some sense traordinarily expensive. And 40 percent gleaning every available Federal tax out of a tragedy which is just nonsen- of all the student loan defaults in dollar to keep their schools open. An- sical. America are students from for-profit nually, they take in nearly $25 billion Ms. DeVos was asked by Senator colleges and universities. in title IV Federal funds alone. MURPHY about guns in schools. Ms. Corinthian may be one of the worst The Department has a responsibility DeVos said she would not commit to and well-known examples, though it’s to ensure that taxpayer funding isn’t opposing efforts to repeal Federal law not unique. Corinthian, a for-profit col- wasted by enriching investors and ex- that makes schools gun-free zones. She lege, falsified and inflated job place- ecutives at institutions that prey on went on with a hard-to-explain expla- ment rates to entice more students to students and don’t deliver on their nation about grizzly bears and why sign up for their worthless programs. promises. In keeping with that respon- schools may need guns to ward off griz- One of the tricks they used was to pay sibility, the Obama administration cre- zly bears. That kind of statement is employers to hire their graduates for a ated new Federal regulations to ensure reckless and dangerous. We should ex- couple of months so they could count that career training programs are pect more of someone who wants to be them as successfully off to work after meeting the statutory requirement and our Nation’s top education authority. they graduated. It was a fraud, and that they prepare students for gainful I am also concerned when it comes to they were caught red-handed. The com- employment. The gainful employment higher education policy. Betsy DeVos pany’s predatory practices, once ex- rule cuts off title IV funding for pro- has a tendency of siding with corporate posed, led to its bankruptcy. But tens grams where graduates’ ratio of stu- and for-profit interests over students of thousands of students were left with dent debt to earnings is too high. In when it comes to education. Take for- huge amounts of student debt and a other words, if they sink these students profit colleges as an example. Despite worthless education. deeply in debt and they can’t end up years of fraud and abuse by for-profit Shame on us in the United States of with a job that is worth at least as colleges, the extent of which is unpar- America for the Department of Edu- much as they need to earn to pay off alleled in other sectors of higher edu- cation’s giving the green light to these their debt, then something is wrong cation, Ms. DeVos does not see the con- schools to do business in America and with the program. nection between the business model of to defraud these students, their fami- Ms. DeVos would not commit to for-profit colleges and these abuses. lies, and, ultimately, the taxpayers. maintaining this protection for stu- When she was asked by Senator MUR- This embarrassing episode at Corin- dents and taxpayers. Proactive over- RAY if she believes different types of thian led the Department of Education sight and enforcement is one thing, but corporate-controlled structures result to create an interagency task force to when fraud and abuse do occur, Ms. in different decisions and behaviors by coordinate Federal oversight efforts of DeVos would not even commit to make for-profit institutions compared to for-profit colleges and a new enforce- it right by the students harmed. She nonprofit institutions, Ms. DeVos sim- ment unit within the Department to refused to say that she would ensure ply answered: ‘‘No.’’ investigate allegations against schools defrauded students received the Fed- Even for-profit industry insiders have participating in the Federal title IV eral student loan discharges to which acknowledged that the business model program. Unfortunately, at her hear- they are entitled under the law. indeed encourages abuse. In a 2015 ing, Ms. DeVos would not commit to Maybe this shouldn’t surprise us. For interview with Deseret News, John maintaining this important office, sig- one, Ms. DeVos’s would-be boss, the Murphy, the founder of the University naling she is ready to take the cops off President of the United States, Donald of Phoenix, admitted that the company the beat at the Department when it Trump, operated his own for-profit col- experienced a shift in priorities that comes to for-profit colleges and univer- lege that defrauded students. And as it led to diminished student outcomes sities. I am afraid that is consistent turns out, Ms. DeVos, a billionaire, has when it became a publicly traded com- with what she has done in Michigan, financial connections to the for-profit pany. He says the new focus became in- where she leans toward the for-profit college industry. She has disclosed in- creasingly the value of the stock—at model—blind to the fact that many of vestments with several entities linked any cost, including ‘‘lowering its ad- these for-profit schools in her State are to for-profit colleges, including Apollo mission standards,’’ and ‘‘jettisoning worthless. For-profit colleges, the most Investment Corporation, which is con- the academic model’’ it had previously heavily subsidized private entities in nected to one of the organizations that

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.141 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE February 7, 2017 CONGRESSIONAL RECORD — SENATE S795 just bought the University of Phoenix. perhaps early this afternoon, we may Ms. DeVos’s nomination from my home Apollo invests in another for-profit col- see history made on the floor of the State of Illinois. Hannah is a graduate lege chain that has several programs Senate. It is quite possible that the student at the University of Illinois in that are in danger of losing Federal only way Betsy DeVos can become Sec- a K–12 librarian program. She writes: funding because of the gainful employ- retary of Education is if the Vice Presi- I am a student who benefitted from IDEA. ment rule. These colleges also happen dent of the United States will come . . . Without this Federal protection it is un- to be accredited by the Accrediting and preside and cast the deciding, tie- likely that I would be where I am now. Council for Independent Colleges and breaking vote so that she can become a [Betsy DeVos] does not share the American Schools, or ACICS, which put its stamp member of President Trump’s Cabinet. value of equal and free education. Con- of approval on the likes of Corinthian, I understand from news reports that firming her is dangerous and reckless. The this will be the first time in history children who need help the most will not be ITT Tech, and the notorious Westwood helped. College. Last year, the Obama Edu- that someone has had to rely on the Barbara, mother of two Chicago pub- cation Department revoked ACICS’ Vice President’s tie-breaking vote to lic school high school students writes: Federal recognition, and the accreditor become part of a President’s Cabinet. is now actively suing the Department Doesn’t it say a lot about the con- Please do not support Betsy DeVos for Education Secretary. She knows nothing over this decision. Now Ms. DeVos troversy surrounding Ms. DeVos that it has reached this point, that she has to about public education. We need strong sup- wants to take over the Department, port for public education. and she is supposed to defend against pull out all the stops—literally, all the stops—to become part of the Cabinet? Hanan, a certified and licensed the lawsuit when she has a financial in- speech language pathologist writes: terest in the schools that are involved? She was asked at one point—I believe As . . . a Mother with three children who For-profit colleges aren’t the only by Senator SANDERS of Vermont—how much money she had actually contrib- received therapy while two currently do, I ones who may be given free rein to beg you to vote no on Betsy DeVos. I am prey on students under a Secretary uted to the Republican Party over the years. Was it $200 million or more? She afraid of what will become of my children, as DeVos. The private student loan indus- well as my students if therapy services are try is also licking its chops. A recent said she just didn’t know. Well, it is not provided through the public education Chicago Tribune article entitled ‘‘Stu- not against the law to contribute system. Many of my student families cannot dent Loan Lenders May See Opportuni- money under most circumstances. It afford private therapy. They rely on getting ties with Trump in The White House’’ shouldn’t be held against people be- their therapy through the school they at- tend. told the story. It noted that, since the cause many folks who receive political election, stocks of major private stu- appointments are contributors to the Michelle, a teacher from Chicago dent loan issuers have also gone up. President who makes the appoint- writes: The article quotes a report by financial ments. That is not unusual. It has hap- As an educator myself, I believe Betsy pened with both political parties, but it analyst Bob Napoli that says: ‘‘There DeVos is unfit to serve as Secretary of Edu- is seldom a person with such a thin re- cation. Our schools and our children need a could be substantial growth potential sume—and such a big wallet—who is leader who supports public education, is in the student lending business as we given such an important job. This goes qualified and experienced, and does not have believe the Trump administration is too far. For Ms. DeVos to be the Am- conflicts of interest. likely to reduce government involve- bassador to Aruba, or wherever she Katie, a school counselor from Chi- ment in the student lending business.’’ cago writes: What is government involvement in might be, that is a good political re- I fear the impact [Betsy DeVos] will have the student lending business? Well, it ward. To be placed in charge of the public education system of the United on the lives of our students. My greatest is an effort to have oversight so that States of America, I think, is a step concern is her sheer lack of understanding of students and their parents aren’t ex- too far. education in the U.S. For myself and my col- ploited by student loans. The fear is I have deep concerns about Ms. leagues, many of the questions she was asked during the hearing were topics we share a va- that with Secretary DeVos, that over- DeVos’s ability to hold this job and her sight would disappear. This govern- riety of opinions and could talk about at commitment to public education and length. The fact that she answered very few ment involvement in student lending, protecting students from for-profit in- which Napoli speaks about, also in- questions, did not know what IDEA is and terests that seek to exploit them. Like doesn’t even seem to understand the con- cludes Department of Education direct tens of thousands of Illinois parents, cerns of having guns in schools does not loans, which help millions of low-in- teachers, and principals who call my qualify her to be in this position. come and middle-class students attend office—as well as national education Alejandra, middle schooler from Bell- college each year with lower interest civil rights organizations—I oppose wood, IL. She writes: rates for loans. These loans have fixed Betsy DeVos’s nomination as Secretary I do not believe that Mrs. DeVos is a suit- interest rates, strong consumer protec- of Education. able choice for the place as Secretary of Edu- tion, and flexible repayment. In addi- Two of my Republican colleagues cation for the United States. One of the tion to loans, Federal Pell grants pro- have shown extraordinary courage in many reasons for this is because she lacks vide much needed financial support to announcing their opposition to Ms. experience. Another reason . . . is because thousands of low-income students DeVos. I want to salute Senator LISA she has no plans and the few plans that she does [have] may result in harm to the public across the country—financial support MURKOWSKI of Alaska and Senator school system. I believe that Mrs. DeVos they don’t have to repay. SUSAN COLLINS of Maine. I am sure it does not understand how public schools func- On the other hand, private student wasn’t easy for them to come out pub- loans often have variable interest rates tion and I also believe that she should be re- licly against Ms. DeVos. That means placed with someone with more knowledge that can reach nearly 20 percent, hefty right now that there are 50 ‘‘no’’ votes and understanding on this subject. Mrs. origination fees, few consumer protec- and 50 ‘‘yes’’ votes, by rough calcula- DeVos does not understand that public tions, and no alternative repayment tion. We need, at this moment in time, schools have the same impact on students as option. Unlike nearly all other private one more Republican to stand up and private schools and should be treated fairly. debt, private student loans are not dis- do what is right for America’s children This affects my community because many chargeable in bankruptcy. That is a and America’s students. cannot afford private school and public debt they will take to the grave. A Who will it be? Who will join these schools are their only option. If Mrs. DeVos greater role for private student lend- were to become Secretary [of Education] she two women from Alaska and Maine and would most likely harm the public school ers, without strong new protections the Democrats in saying to President system and leave many students without an and oversight by critical agencies like Trump: We can do better. To my Re- education. the Consumer Financial Protection Bu- publican colleagues, I say: Parents, From Loves Park, IL, Lisa writes: reau, would be a ‘‘sentence to debt’’ for students, teachers in your States are While my own child attended Catholic many college students across our coun- counting on you to stop this dangerous school, I am opposed to vouchers. I do not try. nomination. Please don’t let them complain about paying education taxes. It I have deep concerns about Ms. down. was my and my husband’s decision to send DeVos’s ability to hold this job as Sec- I would also like to note some ex- our child to a private school. It was our retary of Education. This morning or cerpts from mail I have received about choice. But as my immigrant grandmother

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.143 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE S796 CONGRESSIONAL RECORD — SENATE February 7, 2017 often said, one of the things that makes on to cure disease and to create inventions I ask unanimous consent that this America great is education for all regardless that have changed our society for the better. several-page document, which includes of social class. I want every person as well I have a daughter who will be starting kin- a list of letters of opposition to the educated as they can be in grades K–12. For dergarten in Chicago’s public schools this nomination of Betsy DeVos, be printed goodness sake, vote No [on DeVos]. fall. Please do the right thing for her and millions of other Illinois children who de- in the RECORD. There are some 322 let- Travis, a principal from Southern Il- ters in opposition. To spare the Gov- linois writes: pend on public schools and who will be nega- tively affected by Mrs. DeVos’s confirma- ernment Publishing Office, I will not As a strong supporter of public education, tion. ask that all of these letters in their en- I ask that you oppose the confirmation of Betsy DeVos as Secretary of the U.S. Depart- Dr. Kranti Dasgupta, a doctor from tirety be printed, but it is a volumi- ment of Education. We must have a sec- the City of Chicago writes: nous list of opposition to Betsy DeVos. retary who can commit to supporting every Not only do ethical concerns exist regard- There being no objection, the mate- student in all public schools, and provide ing [DeVos’] conflicts of interest but I am rial was ordered to be printed in the leadership that will help our neighborhood also appalled at how unqualified she is to RECORD, as follows: schools succeed. Betsy DeVos’ record in edu- lead this country in such an important LETTERS OF OPPOSITION TO THE NOMINATION OF cation and her performance at the recent arena. As a family medicine physician, I BETSY DEVOS FOR SECRETARY OF EDUCATION confirmation hearing prove she is the wrong have worked and trained in some of the poor- Includes: candidate for the job. As a principal, I have est neighborhoods [in Chicago]. I have seen spoken with teachers, parents, students, and firsthand how behind many of these children National Women’s Law Center; People for community members who agree that Amer- are compared to their more affluent peers. I the American Way; National Council of Jew- ica’s future depends on a strong investment strongly believe [a] voucher program would ish Women; NAACP Legal Defense and Edu- in our Nation’s public schools. further this education gap by taking money cational Fund, Inc., National Education As- sociation; Americans United for Separation Celia from Streamwood, IL, writes: away from public schools that need it the most. Without a solid education, there is lit- of Church and State; The Leadership Con- [Betsy DeVos] will not do justice to all of ference; Legal Aid At Work; YouthCare; our students, because she has no experience tle chance for many of those children to lift themselves out of their socioeconomic situa- American Federation of State County and with public schools. A lot of school districts Municipal Employees; OCA—Asican Pacific outside of the metropolitan area do not have tion. I implore you to consider the well-being of these children and give them a better American Advocates; National Urban charter schools, which she is a big proponent League; HRC; Feminist Majority Founda- of. chance to be productive citizens of Illinois. Please cast your vote against Betsy DeVos tion; Tri-Caucus; NASSP; YouthCare; Out- Tawnya from Chicago writes: for Secretary of Education. right Vermont; National Organization of Women; American Federation of Teachers; I attended public school in rural Illinois. I have a message from Daniel from My kids attend public school in Chicago. My AFL-CIO; American Federation of State, husband teaches at a charter school, but you the Ukrainian Village; Michelle from County, and Municipal Employees; CLASP; and I both know that not all charter schools Bolingbrook; Kristi, a mother of two Council of Parent Attorneys and Advocates are run efficiently . . . and the record of from the Rogers Park area of Chicago; (COPAA); Council of District of Columbia, charter schools in Michigan, Mrs. DeVos’ Crystal from the city of Pekin; and Chair of Committee on Education; American home state are proof of that. Mrs. DeVos has Kristin from Naperville, IL. Association of People with Disabilities; Au- absolutely no business making decisions Daniel from the Ukrainian Village tistic Self Advocacy Network; Center for Public Representation; Children’s Mental about public schools, having never attended, area of Chicago: nor sen[t] children of her own, nor having Health Network; Disability Rights Edu- As the proud uncle of a wonderful autistic worked in any capacity there. I am an evan- cation and Defense Fund; Education Law child who is being educated in the public gelical, white Christian who votes in every Center-PA; Judge David L. Bazelon Center schools, I cannot support someone so election, and while I might share some of her for Mental Health Law. [un]qualified to be our educator in chief. basic beliefs, I vehemently oppose her nomi- Juvenile Law Center; National Council on Further, as you well know, DeVos has a long nation for education secretary. Please lean Independent Living; Pennsylvania APSE; and documented record of lavishly sup- on those who support her to withdraw her Philadelphia HUNE, Inc.; Public Interest porting causes that are antithetical to the name and do what is best for our Nation’s Law Center; Southern Poverty Law Center; values I—and so many other Americans— children. The Arc of Philadelphia; Transition hold dear. I hope that you will vote ‘‘no’’ on Consults; Disability Rights Education & De- Peggy from Belvidere, IL, writes: this important nominee. fense Fund; Education Trust; Alabama Asso- I am extremely concerned and actually ap- Michelle from Bolingbook: ciation of Elementary School Administra- palled that Betsy DeVos is the nominee for I have [worked] in Special Education for tors; American Civil Liberties Union; Ameri- Secretary of Education. I have been in public the past 20 years. [Betsy] DeVos’ nomination cans for Democratic Action (ADA); Ameri- education my entire life and believe we need is frightening to the future of all children. cans for Financial Reform; Center for Amer- to look at the millions that benefit for qual- This isn’t about politics; but about the lack ican Progress; Citizens for Effective Schools; ity public educators and their dedication. of qualifications that she brings to this posi- Clearinghouse on Women’s Issues; Directions There are wonderful classrooms, but also tion. for Youth & Families; Easterseals; Educators some systems in need of great improvement, Rising; Equality Federation; Generation but this candidate is clearly not qualified Kristi, the mother of two from the Progress; Hawaii Elementary and Middle for, or even interested in giving a second Rogers Park area of Chicago: Schools Administrators Association; Higher thought to what middle-class and poor chil- I feel very strong in the separation of Ed, Not Debt; Indiana Association of School dren may need. Please vote no! Our children church and state and [Betsy DeVos] does not. Principals; Kappa Delta Pi; Kentucky Asso- deserve better than this! In this uncertain She wants to ‘‘advance God’s kingdom’’ ciation of Elementary School Principals/ time, please stand up for our kids’ and edu- through school reform. KASA; Know Your IX; League of United cators! Crystal from Pekin: Latin American Citizens; Maryellen Armour, LICSW; Massachusetts Elementary School When I went back to Springfield, IL, I am a special educator in central Illinois. Principals’ Association; Minnesota Elemen- I asked the local office there what kind I teach a very special population of students tary School Principals Association; National of telephone calls we have been receiv- with severe and profound disabilities in an Alliance of Black School Educators; Na- ing this past week. They showed me all special education school. As an advocate tional Association of Elementary School the results from Wednesday, approxi- for my students, I urge you to reject the Principals; National Association of Sec- nomination for Betsy DeVos. She is not mately 600 calls voting no on Betsy ondary School Principals; National Council qualified to make decisions that will affect DeVos, 3 yes. of Teachers of English. teachers and students in rural public schools Sarah from Hyde Park writes to me: National PTA; Nebraska Association of El- across Illinois. Mrs. DeVos would single-handedly deci- ementary School Principals/NCSA; Oasis mate our public education system if she were Kristin from Naperville: Youth Center; Ohio Association of Elemen- ever confirmed. Her plan to privatize edu- DeVos’ skillset is commandeering public tary School Administrators; Oklahoma Asso- cation would deprive students from a good funding for private education. She was a key ciation of Elementary School Principals/ public education, while helping students player in shaping the Michigan charter CCOSA; PolicyLink; Rhode Island Associa- from wealthy families get another leg up. It school system, which is severely lacking in tion of School Principals; Sacramento LGBT would deprive teachers of a decent salary, oversight, demanding little accountability Community Center; School Administrators and it would make it harder for parents to for how tax dollars are spent or how well stu- Association of New York State; Secular Coa- get a good education for their kids. Public dents are educated. I don’t want to see the lition for America; South Dakota Associa- education has lifted millions out of poverty, same thing happen nationally . . . America’s tion of Elementary School Principals/SASD; has put millions in good paying jobs, and has students and teachers deserve better than TASH; Teach Plus; TESOL International As- been the launching pad for people who went DeVos. sociation; Texas Elementary Principals &

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.144 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE February 7, 2017 CONGRESSIONAL RECORD — SENATE S797 Supervisors Association; The American Fed- Alliance against Domestic and Sexual Vio- Advocacy Inc.; Teachers Unite; The Chicago eration of State, County, and Municipal Or- lence; Arizona Coalition to End Sexual and Urban League; The DC Center for the LGBT ganizations; Utah Association of Elementary Domestic Violence; Arkansas Advocates for Community; The LGBTQ Center of Long School Principals; Vermont Principals’ Asso- Children and Families; Arkansas Coalition Beach; The LOFT LGBT Community Serv- ciation; Virginia Association of Elementary Ag; California Down Syndrome Advocacy Co- ices Center; The Pride Center at Equality School Principals; West Virginia Association alition; California Foundation for Inde- Park; The Urban League of Greater Atlanta; of Elementary and Middle School Principals; pendent Living Centers; CDCRC Inc.; Center Tri-County Independent Living; Urban Wyoming Association of Elementary & Mid- for Pan Asian Community Services, Inc. League of Greater Madison; Urban League of dle School Principals; Young Invincibles; 284 (CPACS); Chapel Hill-Carrboro Federation of Hampton Roads, Inc.; Vermont Network Professors across the country; LCCR; The Teachers; Chesapeake Down Syndrome Asso- Against Domestic and Sexual Violence; Leadership Conference on Civil and Human ciation; Chicago Coalition for the Homeless; Voices for Schools; Wisconsin Coalition Rights; The Advocacy Institute; African Citizens Against Government Overreach; Against Sexual Assault; Women’s City Club American Ministers In Action (AAMIA); All Citizens for Educational Awareness; Citizens of New York; 291. Women’s Law Project; Our Children National Network; American for Public Schools; Coalition for Equal Ac- Wominsport; Youth Justice Coalition; YWCA Association of University Women (AAUW); cess for Girls; Collaborative Parent Leader- Allentown; YWCA Aurora; YWCA Bing- American Atheists; American Dance Ther- ship Action Network; Colorado Coalition hamton and Broome County, Inc.; YWCA apy Association; The American Federation Against Sexual Assault; Community 4:12; Bradford; YWCA Greater Austin; YWCA of State, County and Municipal Employees Community Resources for Independent Liv- Greater Lafayette; YWCA Greater Portland; (AFSCME); American Friends Service Com- ing; Connecticut Alliance of School Social YWCA Kankakee; YWCA La Crosse; YWCA mittee; Americans for Religious Liberty; Workers; Creative Learning Enterprises, Mount Desert Island; YWCA National Cap- Asian Pacific American Labor Alliance, Inc.; Dayle McIntosh Center; Deb Davis Ad- ital Area; YWCA Northcentral PA; YWCA of AFL-CIO (APALA); Black Women’s Blue- vocacy; Decoding DyslexiaMD. Asheville and WNC; YWCA of Kaua‘i; YWCA print; The Center for Civil Rights Remedies Disability Action Center; Disability Policy of Rochester and Monroe County. at UCLA’s Civil Rights Project; Center for Consortium of Massachusetts; Education Op- YWCA of the Greater Capital Region; Law and Education; Center for Law and So- portunity Network; Elmhurst Action for a YWCA Pierce County; YWCA Princeton; cial Policy (CLASP); CenterLink: The Com- Better Tomorrow; Faculty Senate, Wheelock YWCA San Antonio; YWCA South Hampton munity of LGBT Centers. College; Fannie Lou Hamer Center For Roads; YWCA Spokane; YWCA Union Coun- Champion Women; Children’s Defense Change; Florida Association of School Social ty; YWCA Warren; YWCA Yakima; Hundreds Fund; Communications Workers of America; Workers; Florida Council Against Sexual Vi- of state legislators; Local Progress, 70 local Council of Administrators of Special Edu- olence; Fort Wayne Urban League; Girls Inc. elected officials (mostly school board mem- cation; CREDO; Disability Rights, Edu- of Long Island; Grow Your Own Teachers Il- bers); National Association of Secondary cation, Activism, and Mentoring (DREAM); linois; Gwinnett Parent Coalition to Dis- School Principals (NASSP); National Center Equal Justice Society; Equal Rights Advo- mantle the School to Prison Pipeline for Learning Disabilities; Eli Broad. cates; Family Equality Council; Four Free- (Gwinnett SToPP); Illinois Association of Mr. DURBIN. I also want to direct doms Forum; Franciscan Action Network; School Social Workers; Independent Living my colleagues—I see my colleague on GLSEN; Harriet Tubman Collective; Healthy Resource Center San Francisco; Indiana Coa- Teen Network; Helping Educate to Advance lition to End Sexual Assault; Institute for the floor from Connecticut, and I want the Rights of the Deaf (HEARD); Hispanic Women’s Studies and Services, MSU Denver; to yield to him—to a New York Times Federation; Immigration Equality Action Iowa Coalition Against Sexual Assault; Iowa article, which was published on June Fund; In Our Own Voices, Inc.; Jewish School Social Workers’ Association 28, 2016, entitled ‘‘A Sea of Charter Women International (JWI); Labor Council (ISSWA); Jane Doe Inc., the Massachusetts Schools in Detroit Leaves Students for Latin American Advancement; Lawyers’ Coalition Against Sexual Assault and Do- Adrift,’’ by Kate Zernike. Committee for Civil Rights Under Law; mestic Violence; JF STEM Institute; Kala- Let me close by saying, this is rare. Learning Disabilities Association of Amer- mazoo Gay Lesbian Resource Center; Knox- It is rare that we have a nomination ica; Legal Aid at Work (formerly Legal Aid ville Lesbian Health Initiative (LHI); LGBT Society-Employment Law Center); MANA, A Center of Raleigh; Los Angeles LGBT Center; for the position of Secretary of Edu- National Latina Organization; NAACP; Los Angeles Urban League; Loud Voices To- cation which has drawn such con- NAACP Legal Defense and Educational gether Educational Advocacy Group; Lou- troversy. There were many things that Fund, Inc. National Action Network; Na- isiana Association of Special Education Ad- Ms. DeVos could have been given as a tional Alliance of Black School Educators; ministrators; Louisville Urban League; Made reward for her loyal support of Repub- National Alliance for Partnerships in Equity in Durham; Manhattan, Community Board 2; licans and all of the things she has (NAPE); National Alliance to End Sexual Vi- Maryland Multicultural Coalition/State done in her life, but to be entrusted olence; National Association of Social Work- Chapter of NAME; Michigan Alliance for with the responsibility of running ers. Special Education; Michigan Coalition to National Black Justice Coalition; National End Domestic & Sexual Violence; Michigan America’s public education system at Center for Transgender Equality; National NOW; Michigan Unitarian Universalist So- this critical moment in our history Coalition Against Domestic Violence; Na- cial Justice Network; Minneapolis Urban certainly is not one of them, as far as tional Council of Asian Pacific Americans League; Minnesota Coalition Against Sexual I am concerned. (NCAPA); National Council of Gray Panthers Assault; Minnesota School Social Workers We should have taken the time and Networks; National Council of La Raza; Na- Association; Montana Coalition Against Do- the President should have taken the tional Council on Educating Black Children; mestic and Sexual Violence; Mountain State time to find a person who had the re- National Employment Law Project; National Centers for Independent Living; National As- sume, the qualifications, and the exper- Immigration Law Center; National Latina sociation of Social Workers, CT Chapter; NC Institute for Reproductive Health; National Coalition Against Sexual Assault; NCJW Pe- tise in education policy for this impor- Law Center on Homelessness & Poverty; Na- ninsula Section; Nebraska Coalition to End tant responsibility. We owe our chil- tional Partnership for Women & Families; Sexual and Domestic Violence; New Jersey dren nothing less. National Urban League; OCA—Asian Pacific Institute for Social Justice; New York State I yield the floor. American Advocates; The Opportunity Insti- Coalition Against Sexual Assault; New York The PRESIDING OFFICER. The Sen- tute; Parent Advocacy Consortium; Partners State School Social Work Association; ator from Connecticut. for Each and Every Child; People Demanding Nollie Jenkins Family Center, Inc.; North Mr. BLUMENTHAL. Mr. President, I Action; Poverty & Race Research Action Carolina Justice Center; Ohio School Social am honored to follow my great col- Council; Progressive Congress Action Fund; Work Association; Open Arms Rape Crisis league and a champion of education Project KnuckleHead; Roosevelt Institute; Center & LGBT+ Services; OUT in the High and consumer rights, Senator DURBIN Saving Our Sons & Sisters International; Country; OutReach LGBT Community Cen- of Illinois, and to address this body School Social Work Association of America; ter; Pennsylvania Coalition Against Rape; Southeast Asia Resource Action Center Placer Independent Resource Services; and, most particularly, the Presiding (SEARAC); Stop Sexual Assault in Schools; Planned Parenthood Keystone; Public Advo- Officer, who has contributed so much Students Resisting Trump, a project of Stu- cates Inc.; R.E.A.C.H. (Resources for Edu- himself to the cause of education. We dents for Education Reform Action Network; cational Advocacy and Classroom Help); Re- know, better than anyone, how impor- Teaching for Change; The Trevor Project; source Center; Restorative Schools Vision tant the Federal commitment to qual- United Spinal Association; Women Enabled Project (RSVP); Rich Educational Con- ity education is—not just a C or D edu- International; Women’s Intercultural Net- sulting, LLC; Rockland County Pride Center; cation but excellence in education. work (WIN); World Without Genocide at Rocky Mountain Victim Law Center. The American people deserve a Sec- Ruth Ellis Center; Sandy Mislow LLC; SC Mitchell Hamline School of Law; YWCA retary of Education who embodies and USA; ADAPT Montana; Advocates for Chil- Coalition Against Domestic Violence and dren of New York. Sexual Assault; SHK Global Health; SKIL exemplifies that commitment to excel- ALSO Youth, Inc.; American Federation of Resource Center; Southwest Pennsylvania lence. Unfortunately, the nominee be- Teachers/North Carolina; American Samoa National Organization for Women; Student fore us, Betsy DeVos, fails on every

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.042 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE S798 CONGRESSIONAL RECORD — SENATE February 7, 2017 count to meet that standard. So I am is our Secretary of Education because were able to openly discriminate here today to voice my continuing con- she has demonstrated her disrespect for against students with disabilities, that cern about this nomination, which is the enterprise of public education. States should be again delegated that antithetical to the very mission of the From implementing the Every Stu- responsibility, which they failed to en- Department she has been selected to dent Succeeds Act, improving edu- force effectively? lead. cation quality, protecting Pell Grant Whatever her answer, clearly her bla- She is unquestionably unqualified, Programs, and reducing pervasive stu- tant disregard for the IDEA threatens unknowledgeable, unprepared for this dent debt in higher education, to polic- students with disabilities and already job. She is unfit to run the Department ing the epidemic of campus sexual as- underfunded disability programs. of Education. As hard and as unkind as sault and protecting students’ civil Mrs. DeVos also threatens students’ that verdict sounds, we have an obliga- rights at schools across the country, rights and campus safety under title tion to speak truth here and speak that clearly our Nation’s chief education ex- IX, including rights that are designed truth to power, even when it is the ecutive needs to be immensely quali- to protect students against campus President of the United States, even fied—not just questionably qualified— sexual assault and other violence. This when it is a job as critically important but unchallengeably prepared and well issue has concerned me. I have held as Secretary of Education—especially versed in these complicated issues. roundtables around the State of Con- when it is as important as this job. The fact is, Mrs. DeVos has no rel- necticut and have submitted a meas- She is wealthy. She is a billionaire. evant experience as a teacher or as a ured bill that would help address this She has committed her career to push- leader of a public school. She has said problem at the college level. But Mrs. ing for private school vouchers and un- that neither she nor her children have DeVos has advocated for legislation regulated charter schools. Having re- ever received a student loan or a Pell that would actually increase the dif- viewed her full record, including her grant. She has no direct experience ficulty for victims of sexual assault to confirmation hearing and her responses with our public education system that receive support. and lack of responses to followup ques- would enable her to lead it. During her hearing, Mrs. DeVos told tions that my colleagues sent to her, I In addition to her lack of knowledge Senator CASEY, my colleague, that she respectfully say to my colleagues: We of higher education public schools, she could not commit to continuing the should not approve this person. has demonstrated a profound animos- Obama administration’s title IX guid- She has committed her career to ity, an antipathy to them. She has ance that requires schools to have pro- pushing for private school vouchers spent her career systematically cedures in place to investigate and ad- and unregulated charter schools, not to privatizing and dismantling public dress instances of campus sexual as- the public education our students de- schools instead of working to build sault or risk losing Federal funding. serve. The incoming Secretary of Edu- them and improve them. That title IX commitment is at the cation will face a myriad of chal- For decades, Mrs. DeVos spent mil- core of the Federal responsibility to lenging and constantly evolving prob- lions of her fortune advocating for the protect students against sexual as- lems that will demand a high level of diversion of public money to unaccept- sault. We can agree or disagree on the leadership and guidance, from soaring able private schools and unaccountable detail, but this blatant disregard for student debt to faltering school and private schools, especially in her home title IX responsibilities goes to the es- student achievement scores across the State of Michigan. Mrs. DeVos helped sence of her commitment to education country, to the pervasive school vio- to design an ineffective charter school in this Nation and to protecting stu- lence and bullying that threatens so system with little accountability for dents against the scourge of sexual as- many of our students, to unscrupulous results in Detroit. However, the sys- sault, which we know is all too perva- for-profit schools, profiteering off stu- tems that she helped to design and pro- sive still on many of our campuses. dents and veterans. mote actually siphoned money from Even worse, according to tax records, Clearly, the problems, these problems Michigan’s already underfunded public Mrs. DeVos has spent millions of dol- and others, require a Secretary who school system and caused achievement lars funding ultraconservative organi- will not just rubberstamp or approve rates there to drastically plummet. zations that promote anti-choice, anti- the policies of special interests or dele- Despite her rhetoric, school privat- Muslim, and anti-LGBT policies like gate systematic problems to private ization schemes are plagued with se- conversion therapy. I never would have schools. vere problems. They often strip stu- thought that I would be on the floor of The Secretary of Education is re- dents with disabilities and their fami- the Senate considering a candidate who sponsible for overseeing a budget of lies of their rights under the Individ- supported anti-LGBT policies or anti- Federal spending over $36 billion—that uals with Disabilities Education Act. choice or anti-Muslim policies. They is K–12 education funding—and $150 bil- This point underscores a fundamental don’t belong in our schools. They cer- lion in higher education funding each theme for Mrs. DeVos’s record, indi- tainly should not be supported by our year. In addition, there is a portfolio of cating how she would pose a threat—in Nation’s Secretary of Education. more than $1.2 trillion in outstanding fact, an unprecedented danger to stu- On the issue of for-profit education, Federal loans. That is the largest con- dents’ civil rights across the board. again, it is a source of great concern sumer debt in this country other than When asked during her confirmation because it has given rise to so many mortgage loans. hearing about the IDEA, Mrs. DeVos abusive tactics directed often against The leader of this Department is re- admitted that she was ‘‘confused’’ and our veterans. During her Senate hear- sponsible for determining policies that thought that States were best posi- ing, Mrs. DeVos did little to allay my affect our neighborhood public schools. tioned to enforce the Federal law. That concerns about her record as a school She is responsible, if she is confirmed, answer exposed not only her lack of choice advocate and political donor, for enforcing key protections under a knowledge but her lack of caring. averse to protection against the abuses number of civil rights laws designed to Someone who cares about students of for-profit. ensure every child access to education. with disabilities would have known We know there are for-profit schools This job requires a singular level of in- that this landmark education law de- and colleges that do great work. They tellect and energy, preparation, devo- pends on Federal enforcement for its contribute vitally, but unfortunately, tion to the welfare of students, par- effect, and she, as Education Secretary, for-profits also have been plagued by ents, and, yes, educators and teachers. would be the one to do that enforce- abuses that need to be fought and over- Our educators and teachers are the real ment. come. heroes of our educational system. Our Before the passage of the 1975 law Mrs. DeVos successfully lobbied to public schoolteachers are second to that later became the IDEA, when deci- expand even failing schools in Michi- none in the world for their commit- sions about students with disabilities gan and to protect those for-profits ment to opening businesses, creating were left to the States, only one in five from scrutiny and oversight. This dreams, and enabling students to students with disabilities received an record of enabling for-profits and her achieve those dreams, and those education. Does she believe that we own self-dealing in a for-profit pre- dreams will be in peril if Betsy DeVos ought to go back to a time when States school herself does not bode well—that

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.147 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE February 7, 2017 CONGRESSIONAL RECORD — SENATE S799 is an understatement—for the hundreds promises and images that create expec- my years in public service. According of thousands of students who have been tations never to be fulfilled, and so to Everytown for Gun Safety, there neglected, deceived, and scammed in many veterans emerge from these col- have been at least 210 school shootings recent years by predatory for-profit leges with mounds of debt but no de- since Sandy Hook. Words cannot cap- college institutions like Corinthian gree. ture the sense of grief and outrage we Colleges and ITT Tech. They left in Yet Mrs. DeVos refused to say wheth- must feel in the face of continued gun their wake, when they collapsed and er she understands that Veterans Af- violence around the country—in our failed those students, a myriad of trag- fairs and Department of Defense stu- schools, malls, clubs, churches, public ic stories, tragedies not just for the dent loan and assistance programs are venues, and private homes. This loss of money but for the loss of future even federally funded or whether she scourge of gun violence must be com- opportunities, and that is far from the would commit to closing the 90–10 loop- bated, and yet Mrs. DeVos has indi- kind of record that we want replicated hole that has enabled colleges to ag- cated she is impervious to the emo- under our next Secretary of Education. gressively market and mislead many tional force of the tragedies arising In fact, during her hearing, Senator vets. from gun violence. MURRAY asked Mrs. DeVos about 17 We have all spoken on the floor about I want to share a passage from a col- specific bad actor for-profit higher edu- the need to close that loophole. It is umn written by my friend Erica cation institutions, including Corin- the plain vanilla solution that should Lafferty, the daughter of Dawn thian and ITT. They have been accused be a matter of consensus, yet Mrs. Lafferty Hochsprung. Dawn was the he- of using exotic dancers to recruit stu- DeVos refused to commit on that issue. roic principal of Sandy Hook Elemen- dents, falsifying job placement rates, She has earned a failing grade for tary School murdered at the massacre or stealing Federal financial aid. Mrs. lack of study, complete lack of dili- that day as she desperately attempted DeVos would not confirm whether she gence in preparing for her testimony to save her students and staff. believes that those practices and mis- and to lead in higher education pro- My mom spent her life preparing to take use of taxpayer funds at any of those 17 grams. Her commitment to protect stu- care of students. She earned a degree in edu- schools are, in fact, unacceptable. She dents and veterans from massive debt, cation. She spent years in a classroom, teaching special education for kinder- simply would not respond definitively low-quality education standards and accountability, or pernicious for-profit gartners and middle-schoolers. By the time to that question. companies and leaders deserves a fail- she became a principal of Sandy Hook, she The Secretary of Education is re- knew exactly what elementary schools sponsible for policies that could either ing grade as well. I will not support a nominee who should be—a happy place for kids where they lift or exacerbate the crushing burden could learn and grow in a safe environment. fails to agree that predatory practices, of student debt at those for-profit To claim that she should have done more exploitation of taxpayers, and decep- schools. She is the one who could al- to take care of her kids is an insult to all tion of students have no place in our leviate that burden, yet she refused to that she did, and to the lengths to which so education system. many teachers go to ensure a good and safe commit to protecting any current stu- While Mrs. DeVos evaded questions learning environment. dent loan repayment options or bene- about bringing accountability to That Mrs. DeVos thinks ‘‘bears’’ when fits or even helping severely disabled schools, she also refused to commit to asked about guns in schools proves just how borrowers receive loan discharges that keeping guns out of schools. When little she has considered the important role they qualify for. of the Education Secretary in keeping stu- asked by my colleague CHRIS MURPHY dents and faculty safe. She refused to commit to protecting whether guns have any place in or the Pell grant, the Public Service Loan It is insulting to tell teachers that they around schools, Mrs. DeVos gave the should add ‘‘sharpshooter’’ to their job de- Forgiveness Program, or maintaining following reply: ‘‘I would imagine that scriptions. It is absurd to teach students to the existing transparency information there is probably a gun in the schools duck and cover in active shooter drills rath- on the college scorecard or Federal stu- to protect from potential grizzlies.’’ er than demanding our legislators do the re- dent aid data center. That statement has given a lot of sponsible thing and make it more difficult Mrs. DeVos refused to commit to amusement to a lot of people around for dangerous people to get their hands on keep private banks out of the student the country, but it deals with such an firearms. loan system or ensure that taxpayers intensely serious subject, that it is That is what Betsy DeVos should do not subsidize career education pro- really no laughing matter. All of us have said in her hearing when she was grams that consistently leave students who went through the tragedy and asked about gun violence in our with unaffordable mounds of debt, grief experienced by those families and schools. That is the sense of outrage without meaningful prospects in the loved ones who lost children in Sandy that should have come from her spon- job market. Hook, CT, and saw the strength and taneously, and it should be the leader- Her record and her responses to Sen- courage of the Newtown community ship that she should provide. ate questioning reveal that putting her cannot regard with anything but con- There is nothing more important in charge of the Department of Edu- tempt that answer. than keeping our children safe from cation would be akin to putting the fox When she was further pressured anyone who would do them harm, par- in charge of the henhouse. I realize whether she would support a plan from ticularly in a school, which should be that analogy is overused, particularly President Trump to ban gun-free the safest place in the world, and that in this town, where there are so many school zones, Mrs. DeVos revealed that means that our Secretary of Education instances of it. But her lack of appro- she would support ‘‘whatever the Presi- must provide leadership, courage, and priate, definitive responses are as tell- dent does.’’ strength to stand up to an administra- ing and compelling as her answers In some ways, that answer is as re- tion that fails in its responsibility on about her commitment to protecting, pugnant as the remark about grizzlies, the issue of gun violence. rather than endangering, the individ- saying she would follow whatever the The families of Sandy Hook asked us uals and institutions that will be her President does, without leading and to honor their children and family mission if this body confirms her. providing vision and intellectual tools members with action, to make Amer- As a member of the Senate Com- that are necessary for the President to ica safer and to make our schools safer. mittee on Veterans’ Affairs, I have a act, is an abdication of responsibility. I cannot support a nominee who fails special interest in protecting our Na- These answers are woefully unaccept- to prioritize the basic safety of stu- tion’s servicemembers and veterans able. dents in our schools or take the from insidious and pernicious preda- We recently observed the fourth an- scourge of gun violence seriously. I tory for-profit colleges. It is a para- niversary of the Sandy Hook Elemen- cannot support Betsy DeVos because mount concern. It ought to be a para- tary School shooting. We still remem- she fails to demonstrate basic caring— mount concern for our Nation because ber the 20 beautiful children and 6 ex- put aside her lack of knowledge—but a all too often, veterans are victims of ceptional educators who were brutally basic caring about the fate of students these predatory for-profit colleges who murdered in Newtown. who may be in danger of gun violence lure them even while they are still in The day of the Sandy Hook shooting and equally in danger of failing to the military. They lure them with was the most heartbreaking day of all achieve the American dream.

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.149 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE S800 CONGRESSIONAL RECORD — SENATE February 7, 2017 Her responsibility is beyond being a provide resources. I advocate. I accommo- where their next meal is coming from, not bureaucrat or a placeholder in a Fed- date educational programs to meet each which genre I’m teaching. This is not a busi- eral organization chart. She has a pub- child’s unique learning needs. I encourage. ness, it’s personal for every student we I celebrate the milestones and yes, the teach. If students are held to standards lic trust, even as a nominee, to show growth. which are not realistic, supported, funded, or America the importance of public edu- The public education system as we know it understood by the federal government then cation. Her career is about demeaning ensures a free and equitable education for all the ability to achieve & thrive as a society and detracting from public schools. Her students—regardless of their academic will cease to exist. testimony at the Senate hearing be- needs, their socioeconomic status, their race, Finally, Nancy, a 26 year veteran of trayed a lack of preparing that would religion or parental involvement. teaching and Danbury, CT, 2016 Teach- Please continue your efforts to convince disqualify students in schools from a er of the Year, shared anecdotes of her passing grade. your fellow Senators that Mrs. DeVos will be a reprehensible choice for our Department of experiences teaching special education I have received numerous correspond- Education. students. Here is a passage from her ence, letters, and emails about this Jen, another teacher in Connecticut letter: nomination. In fact, 14,000 letters from shared a similar message with me in Please do not approve a person who has no teachers, concerned parents, and citi- her letter to my office: experience with public education and has no zens expressing outrage at the threat clear understanding about student need or that Mrs. DeVos poses to public edu- I am a teacher in esteemed Fairfield Coun- how students learn. This is an extremely im- ty, Connecticut—but don’t let the package cation, disability rights, and student portant job. We should not take it lightly fool you. My section of Fairfield County, my and just let anyone take that title. Mrs. success. For a small State like Con- very public middle School in Danbury, Con- necticut, 14,000 emails and letters is DeVos’ plan for our children will disenfran- necticut has hosted over 37 nationalities at chise the poor, the disabled and quite hon- unprecedented. It is an outpouring, an one time under one roof. estly, every child in America. Her inac- uproar that is certainly unprecedented You see, our public schools are a mirror. curate, incomplete and poor answers to ques- in my time in the U.S. Senate and in Our schools reflect the world as it exists out- tions posed to her by Congress as well as her the memory of staff who work here. side our doors. We open them and the world track record in Michigan where she worked These letters come from teachers, stu- pours in. This is how it works. We offer influ- to destroy public education, serve as evi- ence. We set expectations. We administer dents, parents, really everyone affected dence that she is not qualified for the job. tests and benchmarks and are tied to terms She bought her way to this appointment by public education. like ‘‘proficiency’’ and ‘‘growth’’. Within this I want to close by saluting them and with huge donations to those who would vote academic framework, cultures clash. It’s in- for her. She does not understand that edu- most especially the teachers and par- evitable. Differences abound. And yet, in this cation is not a for-profit business; it is an in- ents who are so committed to their sphere of gaps and spaces, we bridge to one vestment in our most important resource students. another. and the future of this country—our children. We reach because we have to; there is no Erin, a third grade teacher from Con- Betsy DeVos is not the right person to lead option. We see differences and we’ve learned necticut captured this fear in her letter education in the United States of America. the inherent power in them. We develop to my office: minds of course—but we also develop toler- I will finish by saying that I firmly I write this to you as a teacher in despair. ant citizens who can thrive in a multi-cul- believe we owe our students high After a decade and a half of public service as tural and diverse society. standards, just as we demand of them a teacher, I fear that our basic precepts of Vouchers and school choice, as Mrs. DeVos high performance, but that requires of our obligation to educate ALL children has champions, present as an antithesis to these us a commitment that Betsy DeVos come into question. core democratic philosophies. has failed to make. It is a commitment I am fearful of what lies ahead for my stu- What is showcased as an opportunity for dents if someone like Mrs. DeVos is in growth is a thin veil for layered discrimina- to invest more resources in public edu- charge of our Department of Education. Her tory practices. cation, to give back and give more to lack of experience in public education, her Vouchers decrease the potential of many our public schools. desire to separate and sort our children by to the potential of few. Vouchers are a cous- After observing her testimony, I am their income, academic ability and socio- in to segregation, if not a sibling—and the convinced she lacks that leadership economic status, her blatant disregard for consideration of DeVos as secretary under- ability or requisite record to serve as students with special needs and our obliga- mines, with longevity, the very fabric of a the steward of public education and to tions to these students under IDEA—strike United Nation. hold that trust that our country des- panic in the education community. I was asked to share personal stories and I perately and urgently needs now, not One of the best things about being a public can—I’ve seen it all in fifteen years: kids school teacher is the challenge and privilege who experience unprecedented success and at some point in the future. That com- to work with all kinds of students with all kids who break your heart in two with the mitment is necessary now because kinds of abilities and needs. I have the honor devastation forced upon them. We can’t ever every day, every month, every year is a to work in a school that is rooted in the in- know who will triumph, it is impossible to lifetime in a student’s education. So I clusion of all students. know—we can only keep the playing field as will vote against her confirmation More than 15% of the students in my fair and accessible as possible to all. today, and I encourage my colleagues school have special needs. We are so proud to Deborah, a fourth grade teacher from on both sides of the aisle to do the provide this group with the services that are Connecticut, was frustrated with the specialized just for them to meet their aca- same. demic, social and emotional needs. conflicts of interest surrounding Mrs. Thank you, Mr. President. I yield the You see, our work here is not merely about DeVos in her letter to my office: floor. proficiency, it is indeed about growth. We Mrs. DeVos has a very clear conflict of in- The PRESIDING OFFICER (Mr. are tasked to help our children grow to their terest on many levels. Financially, she BOOZMAN). The Senator from Maryland. own individual potential—not just meet a wants to maintain the $5–25 million dollar Mr. VAN HOLLEN. Mr. President, I mandated standard. investment she has in Neurocore, a biotech will start by thanking my colleague, When I think of some of the beautiful and company which deals with attention deficit the Senator from Connecticut, for his important achievements that my students disorder. Her investment in Windquest leadership on public education issues make, they are often not about a score on a Group, which backs Neurocare, is a company and the fight against gun violence. He proficiency test. I think of the autistic stu- focused on ‘‘a science and brain-based pro- dent in my class that is working to be able gram that targets children is clearly a con- has been a voice calling for common- to communicate his wants and need to oth- flict. She has presented a clear history of do- sense measures to address gun violence ers. nating to and investing in companies or or- and to make our schools more safe, and When he can play a board game with a ganizations which affect students. I thank him for all he has done in that peer, that is growth. As a teacher in a Title I public school, it is regard. My classroom reflects the tapestry of our essential that the Secretary of Education is Yesterday I came to this floor to dis- American society. I have students of all equipped to deal with the issues we deal with cuss the risk that Betsy DeVos would abilities and needs and we have built a car- every day. In my class I routinely deal with pose to our public education system for ing classroom community that allows for us issues of poverty, homelessness, underfed students from kindergarten through all to grow each day. students who count on free or reduced meals I have been highly trained to work with and extra food sent home weekly for the 12th grade. With her zealous focus on ALL students. I assure that my student’s In- weekend. Their parents normally work two vouchers for private schools, she has dividualized Education Program goals under or three jobs to try to pay the bills. If a stu- ignored accountability and the unique the law are being provided for. I seek out and dent is hungry, they are concerned with needs of communities in Maryland and

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.150 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE February 7, 2017 CONGRESSIONAL RECORD — SENATE S801 throughout the Nation. Education is a missed those suits saying: ‘‘I could set- Scott from a coalition of veterans or- public trust, and we should not con- tle it right now for very little money, ganizations. I have it here. It is a letter tract it out to the highest bidders in but I don’t want to do it out of prin- from the Paralyzed Veterans of Amer- various voucher schemes. ciple.’’ ica, the Reserve Officers Association of In addition to overseeing support for Right before the class action lawsuit the United States, the National Mili- K–12 education, the Secretary of Edu- in San Diego was scheduled to be heard tary Family Association, AMVETS, cation is also responsible for Federal by a jury, those principles evaporated Blue Star Families, Vietnam Veterans efforts in the area of higher education. and Mr. Trump settled all the lawsuits of America, the Wounded Warrior So this morning, I would like to talk a for a whopping $25 million, and about Project, and Student Veterans of little bit about higher education. 7,000 former students were granted a America, all opposing any weakening We know very little about the posi- full or partial refund. of the gainful employment rule and tion the new President will take in the Now, because Trump University was urging greater, not fewer, consumer area of higher education. However, a university in name only and not ac- protections. what we do know about his track credited, students attending Trump As they note in this letter, a loophole record is very troubling. Based on the University were not eligible to use Fed- in what is known as the 90–10 law, testimony of Ms. DeVos and her re- eral student loans or grants—thank which caps the amount of funding for- sponses to questions for the RECORD, goodness. But there are many accred- profit schools can obtain from Federal we can have little confidence that she ited, for-profit colleges and univer- sources, exempts funds from the De- will be a check on President Trump’s sities that do take large sums of money partments of Defense and Veterans Af- worst instincts. from students who obtain Federal stu- fairs. They write: As a result, our Na- Here is what we know: We know that dent loans or Federal grants, and it is tion’s heroes are targeted with the President Trump’s main foray into the job of the Secretary of Education most deceptive and aggressive recruit- continuing education was the now-ex- to make sure that those for-profit col- ing. tinct Trump University. Make no mis- leges are good stewards of those tax- The letter quotes Holly Petraeus of take about it, Trump University was a payer dollars and that they are giving the U.S. Consumer Financial Protec- scam. It was a con game. It promised their students a good education. tion Bureau, who said that some for- students great wealth if they only paid For example, under President profit colleges are motivated to view thousands of dollars for seminars on Obama’s leadership, the Department of veterans and their families as ‘‘nothing Mr. Trump’s real estate ‘‘secrets.’’ Education took action against the for- more than dollar signs in uniform.’’ As Senator RUBIO once pointed out profit Corinthian College for fraudu- The letter further states that ‘‘vet- not that long ago, ‘‘There are people lently enticing students to enroll by erans express anger when they discover who borrowed $36,000 to go to Trump lying about their job placement rates. that the government knew that a ca- University, and they are suing now— They told students: You enroll in our reer education program had a lousy $36,000 to go to a university that is a programs, and we can get you a job. It record, but allowed them to waste their fake school. And you know what they wasn’t true. time and GI Bill benefits enrolled in got,’’ Senator RUBIO asked, ‘‘They got As California’s attorney general, our it.’’ to take a picture with a cardboard cut- colleague Senator HARRIS, pointed out That should make all of us angry. It out of Donald Trump.’’ in her lawsuit, they got more than $1 should make us angry because of the Senator RUBIO was absolutely right billion in damages and restitution from service our veterans have performed for when he made that statement. Corinthian College because they tar- our country. It should make us angry First of all, the word ‘‘university’’ in geted vulnerable, low-income popu- because it is a waste of taxpayer dol- Trump University was totally mis- lations, including the homeless. They lars to have these monies spent in in- leading. Trump University was not an directed them to predatory lending and stitutions that are not providing an accredited institution, but it did prom- failed to deliver an education that education to our veterans or other stu- ise to educate its students in the real could really help them get a job. Their dents in the way they advertise. estate industry so they could become tactics were similar to those of Trump Yet Mrs. DeVos provided no assur- skilled investors. University—callously targeting ‘‘pros- ance—none, none—that she would en- An article in the conservative Na- pects they perceived as having low self- force the gainful employment rule that tional Review entitled ‘‘Yes, Trump esteem,’’ who were ‘‘unable to see and these veterans groups are calling to University Was a Massive Scam’’ ex- plan well for the future, and those who strengthen. She also provided no assur- plained that prospective students were had few people in their lives who cared ance that she would pursue other pro- offered a free seminar where they about them.’’ tections to help our students and vet- would be pressured to purchase a class, In order to stop these kinds of erans. In fact, when asked, she point- where they would be ‘‘mentored by abuses, the Department of Education, edly did not make that commitment. hand-picked real estate experts who under the Obama administration, put Taxpayers and students should also would use President Trump’s own real in place something called the gainful be troubled by statements that have estate strategies.’’ employment rule, which requires for- been made by the Trump team regard- Of course, Mr. Trump was neither profit colleges to demonstrate real re- ing their plans for the Federal student handpicking instructors nor developing sults for their students in order to con- loan program. As many people know, class materials, and instructors did not tinue to enroll students who use Fed- the Department of Education is respon- even necessarily have a real estate eral student loans and grants. We want sible for managing a $1 trillion bank of background. In a deposition, Mr. to make sure that students enrolling in student loans and $30 billion in Pell Trump could not identify a single in- those programs have a decent shot at grants each year. It is very important structor at Trump University. success and are not simply being sepa- that these funds be managed in a way Students were promised access to rated from their money, including Fed- that protects the best interests of both lenders, improved credit scores, and eral student loans. students and taxpayers, rather than longterm mentoring. The university This gainful employment rule is im- simply fattening the bottom lines of did not deliver. According to a former portant for protecting both students the big banks and big lenders. employee, Trump University ‘‘preyed and taxpayers. That is why it was In fact, 7 years ago, Congress—the upon the elderly and uneducated to alarming that during her hearing, Mrs. House and the Senate—passed and the separate them from their money.’’ Em- DeVos would not commit to enforcing President signed the bill that ‘‘made ployees were told to rank students the gainful employment rule. important reforms to the Federal stu- based on their liquid assets so they Our veterans have been among the dent loan program.’’ could target them to sell more semi- students who have been most targeted Under the old system, banks distrib- nars. They took advantage of people. by these abusive practices. Just last uted Federally guaranteed loans in ex- Because of its fraudulent practices, week, I received a copy of a letter that change for a subsidy from the Federal Trump University was sued multiple was sent to Senators ALEXANDER and Government. In effect, banks were paid times. In February 2016, Mr. Trump dis- MURRAY and Representatives Fox and a premium to be the middleman and

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.151 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE S802 CONGRESSIONAL RECORD — SENATE February 7, 2017 were also insured against most of the in terms of the education they provided leges and the students who want to at- risks of the loan with the Federal guar- to students in Michigan. Now, when it tend. antee. In other words, they got a great comes to higher education, in her hear- I was pleased that at the hearing, return and took very little risk. In ing she refused to commit to enforcing Mrs. DeVos acknowledged the impor- fact, the old system was rigged to pro- the gainful employment rule, which is tance of community college. Unfortu- vide huge returns to banks on certain designed to protect students and tax- nately, she didn’t put forward any con- loans. payers from the kind of predatory prac- crete recommendations about how we Shortly after I came to Congress, I tices engaged in by the likes of Trump can help community colleges succeed. worked with my colleagues to close University. She did not disavow pro- That is particularly troubling in light what was then called the 9.5 percent posals to turn the student loan pro- of the fact that if we look at previous loophole. gram back over to the big banks. Republican budgets, especially those The way it worked was like this. We need a Secretary of Education coming out of the House of Representa- Written right into the code, some who understands that our education tives but also those adopted in a Re- banks were able to make loans guaran- system is a public trust and not simply publican-controlled Senate, they would teed by the government to give them a a vehicle that allows for-profit schools do great damage to students’ ability to 9.5 percent return, even though stu- and big banks to make a profit off of access community college programs. dents receiving those loans were pay- these important taxpayer investments. Let’s just look at the last budget ing a 3.5 percent interest rate. The dif- I wish to say a word, as well, about conference agreement that passed from ference—6 percent—was pure profit community colleges. I think all of us fiscal year 2016. It contains a whopping paid by the taxpayers to the banks for recognize the really important role 35-percent cut to Pell grants, which zero risk. that community colleges play in our would eliminate all mandatory funding We were able to close that loophole education system. Just two weeks ago, for Pell and eliminate another almost after a number of years, and then in I had the opportunity to attend a meet- $30 billion in discretionary funding. Al- 2010 the Congress and President Obama ing of the presidents of Maryland’s together, it is a $117 billion cut over 10 agreed that we should stop using banks community colleges. It was organized years. as the middlemen in the student loan by the Maryland Association of Com- Nearly 3 million community college process. We shifted entirely to the di- munity Colleges and included folks students in Maryland and around the rect loan program through the Depart- from all over the State. We are fortu- country depend on Pell grants in order ment of Education. That move saved nate in Maryland and around the coun- to afford an education. Rather than taxpayers $61 billion over a 10-year pe- try to have some terrific community making dramatic cuts to the program, riod, and we were able to use the sav- colleges that provide associate’s de- we should listen to our community col- ings to increase support for students to grees and certifications for advanced leges and expand the program to a make college more affordable. By in- careers, 2-year programs for those stu- year-round grant to give students creasing funding for Pell grants and in- dents who plan to go on to get a 4-year greater flexibility to finish their de- dexing them to new inflation, we were education, and continuing education grees in less time. Those are the cuts able to expand the income-based repay- classes for people who want to go back the Republican budget would make to ment program so more students could to school to learn new skills. Our com- the Pell Grant Program. At the same afford college, and we put $10 million munity colleges are particularly im- time, when it comes to the other com- toward deficit reduction. portant because they are able to work ponents of the Federal student loan The Republican Party platform under closely with employers to identify program, the Republican budget would President Trump calls for rolling back skills that are in demand and adjust cut so much that in order to com- those important reforms and putting programs to prepare students to move pensate, we would have to raise stu- student loans back in the hands of the directly into the workforce. dent loan rates to make up the dif- big banks. When Senator MURRAY, the A number of years ago, I had the op- ference. ranking member of the Education portunity to work with my colleague, Those troubling positions are on top Committee, asked Mrs. DeVos in a Senator Mikulski, and others, to ob- of a proposal made by the Trump team question for the record about privatiza- tain a Federal grant for a consortium to require colleges to ‘‘risk share’’ by tion of the student loan industry, Mrs. of Maryland community colleges to taking some responsibility for non- DeVos refused to rule out a return to train and prepare students in the area repayment of loans among their stu- the days when the big banks reaped of cyber security. dents, which would have a particularly huge profits off students and taxpayers Cyber security is something that is damaging impact for community col- while taking very little risk. important to all Americans. We are re- leges. Community colleges already op- It turns out that Mrs. DeVos may alizing more and more the costs and erate on very narrow margins. Any cut herself have investments that rep- dangers of hacking, both in the govern- to their budget from risk-sharing resent conflicts of interest for the job ment sector as well as the private sec- would require them to do one of two of Secretary of Education or indicate a tor. It is really important we build a things: increase tuition, making col- preference for privatization within workforce which has those important lege less affordable, or cutting pro- higher education. For example, accord- skills, and I am pleased that Maryland grams, including the kind of program I ing to her ethics forms, she has an in- is home to the U.S. Cyber Command at just talked about that helps students vestment in Procurement Recovery, Fort Meade, alongside NSA. We need to build the skills needed in the work- Inc., which had a contract with the De- make sure we have students who have force of today. partment of Education for student loan those important skills, and community Sam Clovis, a Trump campaign co- debt collection. The court blocked that colleges, along with other institutions, chair, also said that Mr. Trump would contract last year and it is currently can help fill that skills gap. reject President Obama’s plan for free challenging the decision. I also visited the Community College community college for our students. In There is a common thread connecting of Baltimore County, where they are an interview with the daily online pub- the approach that both President responding to the need for medical pro- lication Inside Higher Ed, Mr. Clovis Trump and Mrs. DeVos have taken fessionals by providing training to contended that community college is with respect to both K–12 education nurses and other medical assistants. already ‘‘damn near free,’’ and there- and higher education; that is, the idea They use something called SimMan fore did not require additional assist- that we should put for-profit private technology—lifelike mannequins that ance. I hope Mr. Clovis will come out interests over the interests of students can simulate medical conditions—to to the State of Maryland and talk to and taxpayers. As we have heard, in help train nurses, emergency medical our students. We work very hard in the Michigan Mrs. DeVos was very instru- technicians, and physician assistants. I State of Maryland to keep tuition low mental in changing Michigan State law think we would all agree these commu- at community colleges, but for those in a way that attracted for-profit char- nity college programs are a really im- who are just trying to scrape by, I can ter schools to the State of Michigan. portant block in our education system, assure him that it is not ‘‘damn near Those schools have a very sorry record and we should be supporting those col- free.’’ I certainly hope Mrs. DeVos does

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.153 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE February 7, 2017 CONGRESSIONAL RECORD — SENATE S803 not share this gross misunderstanding and the time of the vote, other Sen- their schools, who would call me at of student needs. ators will take another look at the midnight and complain about a school We heard from Senator BLUMENTHAL, record because it is important we mus- policy and what was going on. As a we have heard from others on this ter the votes to defeat this nomination. school board member, I had to listen floor, about the incredible grassroots We also must show very clearly that and respond to that. People value their outpouring of opposition to the nomi- we will not accept a Department of schools. They want to know they are nation of Mrs. DeVos. She has drawn Education focused more on under- there. Our schools are the heart of our opposition from teachers, parents, and mining our commitment to a public communities. It is where people from civil rights organizations. We have education than one that is upholding different backgrounds who may be seen that groundswell overwhelm the that important American tradition. fighting with their neighbor across the phone system here in the United States Mr. President, I yield the floor. street during the day, show up Friday Senate. The PRESIDING OFFICER. The Sen- night to cheer together for that foot- Maryland’s schools, and schools ator from Washington. ball team. It is the center and epi- throughout the country, deserve a Mrs. MURRAY. Mr. President, I have center of our communities. It is the champion in their Secretary of Edu- been so impressed by the large number epicenter of our country, and that is cation. When President Trump and of Senators who have come to the floor what is at stake in this nomination. congressional Republicans propose to tell their stories of why public edu- People want the Secretary of Edu- plans to cut and divert Federal edu- cation is so personal and important to cation to be a champion for their pub- cation funding, we need a Secretary of them and to their constituents. lic schools. In this nomination that has Education who is going to fight for I want to thank all of the staff who been sent to us by the President, Betsy public education. Mrs. DeVos is clearly were here all night long—our clerks, DeVos, we have someone who values not that person. pages, people in the cloakrooms—ev- and speaks out for—and has used her Our Founders understood from the eryone who has given time of their own fortune to fight for—something very earliest days of this Republic that a to be here to support us to be able to different. She has denigrated public free public education is a fundamental talk about this critical important nom- schools. She says they need to end. She American value. Free public education ination, the Secretary of Education. advocates giving our young kids a at neighborhood schools throughout I think all of my colleagues will voucher and telling them to find a pri- our land has helped make America agree with me that there has been an vate school, leaving behind kids who more productive, broaden opportunity, unprecedented outpouring of concern can’t afford to go hours to another and sustain local neighborhood schools from across the country about this school or to pay the extra money the and communities. I share my col- Cabinet nominee. Why is that? Why is voucher doesn’t cover, leaving kids in leagues’ deep concern that Mrs. DeVos it that the Secretary of Education has poverty, robbing really critical money does not appear to share a commitment brought such emotion and discussion from our schools and from the kids who to that American idea. She has devoted to this country? For a very important would be left behind. much of her adult life and career to ad- reason: Education is a critical part of Yes, our kids want choices. This is vancing private education plans that everyone’s life. not a debate about charter schools. would divert resources from our public The Founders of this country knew Many States, including mine, have schools. She has shown a lack of aware- that when they determined we in this charter schools, but the difference is, ness and, in many statements, alarm- country were going to have a free pub- in those States—in my State and ing views about our Nation’s commit- lic education system. Why? Because many—those charter schools are held ment to equal rights for children with they want to make sure that every cit- accountable, just like the public disabilities. We cannot retreat from izen had the opportunity to read and schools so you know your child is get- the commitment we made as a country, write and participate in this democ- ting the education they have been and we cannot return to an era where racy, a core principle to assure that all promised and that it is held account- equal rights were just another concern of us would have a voice in who our able to taxpayers. Mrs. DeVos refused for States to decide on their own. President and elected officials were so in our committee to say that those We also heard, as Senator we would understand and be educated charter schools, those private schools, BLUMENTHAL discussed, flippant state- and make the right decisions. if they take taxpayer dollars—which a ments about guns in schools and the That core principle is so important voucher is—would be held accountable safety of our children. We cannot re- to this country and has allowed us for to the taxpayers. To the parents in treat from our determination to keep centuries to be the kind of country those communities who showed up at our schools safe and gun-free. where we have a middle class. People my school board meetings to tell what When President Trump has a history who are born into poverty know there they thought of their schools and what of promoting a sham, for-profit Trump is a school they can go to, to learn to we should be doing and had a voice, it University, we need a Secretary of read and write and get the skills they would not be accountable to them. I Education who will zealously oversee need to be a participant in our democ- find that wrong, as a principle in this for-profit colleges that receive stu- racy and in our economy. That is what country and our democracy and what dents with Federal student loans and is at stake in this nomination. People we have fought so hard for. That is why grants. Nothing in her testimony, across the country are writing in, call- so many parents are speaking out. statements, or responses to questions ing, holding rallies, talking to their That is why so many Senators have from Senator MURRAY or others gives neighbors and friends, and letting us been here on the floor. That is why we me any comfort that Mrs. DeVos can know how important this is because have been here all night long and will be that person. they do not want to lose that principle. be here until noon today during this Education holds the key to a more In this nominee who has been sent to vote. prosperous America, a better informed us is a threat to that very basic core That is what is at stake. In our high- electorate, and a society in which the value that so many people believe in, er education system, all of us know Nation’s bounty is more fairly shared in this country; that no matter who that so many young people today want as more citizens have access to a good you are or where you grow up or how that ticket to success and student loan education. We cannot advance those much money you have and who your debt is such an incredibly huge chal- goals without a strong Secretary of parents are, you will have that public lenge to so many people, a barrier to Education. We cannot leave this job to education, that public school in your getting the education they need. They just happen on its own. We need some- community that you will be able to go want someone who is going to head up body who is going to fight for those to. the Department of Education who un- ideals. Unfortunately, the record indi- I was a school board member before I derstands that. cates that Mrs. DeVos is not that per- was a U.S. Senator, before I was in the Betsy DeVos has no experience in son. State senate. Those school board meet- higher education, none. And she is I join with my colleagues in opposing ings were jammed with parents who going to lead the agency and be the the nomination. I hope between now wanted to know what was happening in voice and be the vision? That is why

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.154 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE S804 CONGRESSIONAL RECORD — SENATE February 7, 2017 parents, students, teachers, commu- because we value each individual. Our school, and they want every child to nity leaders, superintendents, school country is great and will continue to know that just as our Founders said, a board members, and families across the be great if we continue to do that, but public education will assure that every country have stood up and said no. it will not be great if this body gives child has that opportunity. This is so close. We are within one their imprimatur to a Secretary of This is an important debate, and we vote of sending this nomination back Education who doesn’t value that. are very close to the hour when we are and asking the President to send us a What does that say to young kids going to have a vote. It will take only nominee who can be supported by across the country, to parents with one more courageous Republican to Members on both sides of the aisle, who students of disabilities, to young peo- say: You know, I have thought about can set a vision, who can fight for pub- ple in this country living in poverty or this. I listened to her testimony—the lic schools, who can be that champion living in a community or having fam- short testimony that we had. I have and that leader who sets us apart in ily issues who wants to know that looked at her answers to their ques- the world as a country, who values the they, too, live in a land of opportunity? tions, and I, too, want to send a mes- core principle that every child—no That is why we have heard from so sage to this country that the value of matter who they are or where they many parents and so many administra- public education is critical. live—will get a good education. tors and so many community leaders. The President has other people he The Secretary of Education is not a This is a core value of our country—the could send over, a lot of them who figurehead. The Secretary of Education ability to know that you can get an value education, who have had experi- spends his or her days trying to make education. ence—unlike this candidate—who will the right decision and being a cham- Again, this is not a debate about send a message to this country that, pion across the country on issues charter schools. There are charter truly, we do value public education. across the board. schools in many States. This is a de- I hope that in the next few hours we They oversee the Office for Civil bate about taking as much as $20 bil- can take pause and have that happen. Rights. Last night I had the oppor- lion from our public education system It will not be the end of the world. It tunity to listen to Senator BOOKER and using it for vouchers for private will not be the first nominee who speak about the importance of their of- schools that are not accountable to doesn’t get the votes they need in the fice and what it meant to him and taxpayers. Senate, but it virtually will be a mo- what it means to so many kids today If nothing else, I appeal to my Repub- ment in the history of this country to know that there is in this country lican colleagues to think about that, to where we will stand up and are proud an agency, the Office for Civil Rights, think about the fact that taxpayer dol- to say: Not on our watch; not on our embedded in the Department of Edu- lars will not be held accountable under watch. We want a head of the Depart- cation to assure that they will not be Mrs. DeVos’s plans and policies. If you ment of Education who actually values denied an education because of the give a voucher to a student and they go education for all students, public edu- color of their skin. to a school and they are not teaching cation for all students. I have a colleague behind me who is Isn’t that a value we all want to con- what they should be, there is nowhere ready to speak, and I thank him for tinue? That is why people have spoken to go for those parents. It is their tax- being here this morning. We will yield out and written letters and made phone payer dollars, and it is our taxpayer him the floor. I want to say, again, calls and had their voices heard. So dollars. That is why this nominee is so thank you to all the parents, students, many parents in this country today important. That is why so many have family members, school officials, com- want to make sure the basic education stood up on our side and two Repub- munity leaders, and so many people law that we have fought for for so long, licans have stood up and spoken out who have called and written and spo- against this nominee. IDEA, which assures that students ken up. Your voice matters. Your coun- Title IX makes sure that we protect with disabilities get a good education, try matters. Public education matters. students and makes sure that their is not put in jeopardy. I am so proud to stand with all of you When Mrs. DeVos came to our edu- rights are protected and that women and to fight to make sure that this have the opportunity to go and get a cation committee and was asked about country remembers that and votes degree without being challenged or this, she had no idea that it was the right at the end of the day. law of the land. She said to our com- being put down or being a victim of I yield to my colleague. mittee: The States can do that. sexual harassment. We need a Sec- The PRESIDING OFFICER. The Sen- Well, no—why is it the law of the retary of Education who knows that ator from Oregon. land? Why is it a principle of the law and will enforce it so that students Mr. WYDEN. Mr. President, before I United States of America to assure across the country know there is a begin my remarks, I want to make sure that no matter where you live, if you champion at the top office in this land that everyone understands that Sen- are someone with a disability, you will who is telling their staff to enforce this ator MURRAY has been on this floor get access to an education? law and to back up those students. hour after hour for a reason; that is, I listened to Senator HASSAN last That is what this debate is about. these nominations are enormously im- night talk about her own young son I heard some of my colleagues on the portant. This one is right at the heart and the challenges he has had. He is a other side talk about the fact that we of what families and parents and com- bright man, but he is unable to speak have a GI bill, which they essentially munities want because it deals with or move, but he got an education in called in the debate a voucher for men education. this country. He can give back, and he and women who served our country to I heard that again this weekend. I can participate. go to higher education and likened had three townhall meetings, mostly in Disabilities come in all sizes and all that to the voucher system they are rural areas. We had record turnouts. As different shapes and all different forms. talking about in K–12. That is not Senator MURRAY knows, Oregon and I assure you, when you are a parent of equal. That is given to members of our Washington have been pounded in the a disabled child, you are passionate and service, rightly so, to say: You served last few weeks with bad weather—had you want to make sure that your child our country; we will make sure you get to fly all night to get back for this de- has access to education, and you want an education. bate. Everybody said how important a Secretary of Education, the top per- In our country, we value every stu- this was because they understand what son in this land to be your advocate, dent in every community. To give Betsy DeVos, if she is confirmed, would too—not someone who doesn’t know them a voucher and say ‘‘Go find a mean for our country. the law, not someone who isn’t direct- school’’ is not a way of providing edu- I want to start by putting a focus on ing her staff to make sure that no mat- cation. Ask any school board member this issue around what Oregonians are ter where you are, if you are a student in this country. Ask any parent in this particularly concerned about this of disability, you get access to public country. They want that public edu- morning. They are concerned, when we education and are not denied. cation school, that school in their com- talk about education, about boosting Our country is great because we have munity that is valued. They don’t want our high school graduation rates. Par- these principles. Our country is great that money taken away from that ents, teachers, and communities are all

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.156 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE February 7, 2017 CONGRESSIONAL RECORD — SENATE S805 mobilized. I want to start my remarks learning programs work. They point to help high schools with low gradua- by saying that I know people across out the track record of afterschool pro- tion rates turn around student achieve- the country are concerned about this. grams, and they have the facts to back ment by putting the most disadvan- We worked very closely with Senator them up. These facts aren’t alternative taged students on a path to success. It MURRAY and Senator ALEXANDER on facts. They are not inflated graduation allows local educators—this isn’t run this. rates, the way Betsy DeVos told the by Washington, DC. I am always hear- The reason that Oregonians feel so Senate. These are based on actual stud- ing that everybody is talking about strongly is that we have been first in ies: Studies that have shown that having it run from Washington, DC. so many areas, for example, protecting youth—especially at-risk youth—with That is not what I voted for. What I our natural treasures, but we are not mentors are more likely to join extra- voted for—and the majority of Sen- where we want to be in terms of high curricular activities, take on leader- ators voted for—was a fresh approach school graduation rates. For commu- ship roles at school, or volunteer in allowing local educators to promote nities across Oregon, the business com- their communities. Afterschool and and expand programs and policies that munity, Democrats, Republicans, lib- summer learning programs, again, have actually work in their community. erals, conservatives, Independents— very solid track records, providing a They recognized that what works in you name it—it is top priority business safe place to learn and keeping low-in- Coos Bay or Roseburg, OR, may not for our State to improve high school come and at-risk youngsters on a path necessarily work in Tallahassee. graduation rates. That is because we towards graduation. We wrote a bipartisan bill to come up understand that getting those gradua- Those same educators have told me with approaches tailored to what local tion rates up is crucial to making sure in my townhalls that they oppose ele- educators want to pursue. Now as we that young people can be better pre- vating Betsy DeVos to a job with the are moving to see this law imple- pared for their next step, whether that important responsibility of steering mented in the States and as schools is college, whether it is the work- the future of our Nation’s children. The across the country are moving to im- force—anything they want to do. reason they have expressed these views plementation, it is more important I want to start my remarks with re- is much like what I have stated to the than ever that the Senate get this spect to the DeVos nomination very Senate; and that is, that the evidence— right, that we get it right now, and specifically. I do not believe improving not alternative facts but hard evi- that we use approaches grounded in the high school graduation rates can be dence—doesn’t back up many of the facts and grounded in the reality of built on a foundation of alternative judgments Betsy DeVos has made in public education. My concern is that— facts. Yet that is what Betsy DeVos guiding her work in this field. based on Betsy DeVos’s record, which I has been promoting. For example, she In Oregon, citizens—thousands of have looked at in length—bipartisan recently told the Senate that gradua- them—worry that the confirmation of work could be undercut by a system tion rates at virtual private schools— Betsy DeVos is going to make it harder that has not been shown to improve private schools which she has invested to help students succeed in the class- academic outcomes for students. in—were almost twice as high as the room and graduate from high school. In Detroit, Mrs. DeVos has spent actual graduation rates at those This graduation rate for us in Oregon— years advocating for a voucher system schools. and I am sure we are not alone—takes that gives taxpayer dollars to private She said that at the Nevada Virtual on a new and important urgency be- and religious schools. Her efforts have Academy there was a graduation rate cause of the changes that were made essentially left public schools to do of 100 percent. The actual graduation last year—bipartisan changes Senators more for their students with less of the rate is 57 percent. She claimed that at MURRAY and ALEXANDER made to pass funding they desperately need. I was on the Ohio Virtual Academy there was a the Every Student Succeeds Act. The a program this morning, a radio pro- graduation rate of 92 percent. The ac- whole point of this bill was because, of gram. They were discussing the views tual rate is 46 percent. course, there was great frustration of various Senators on this. I heard dis- I think this pretty much qualifies as across the country with No Child Left cussion of my colleagues on the other a set of alternative facts. At home, at Behind, the predecessor. side of the aisle describing the fact the kinds of townhall meetings I had I remember at one point illustrating that they were supportive of Mrs. this weekend, people would probably the frustration with that law. We had a DeVos because they thought her un- call them four-Pinocchio falsehoods wonderful school in rural Oregon with conventional approaches and her fresh and ideological hocus-pocus. The alter- mostly low-income youngsters and ideas were a real advantage in her hav- native facts may be the DeVos way, mostly minority youngsters. They ing this position. but they aren’t the Oregon way. worked like crazy. Their parents were I don’t take a back seat to anybody As I said to Oregonians this week- very involved. Their teachers rolled up in terms of being for unconventional end—we had teachers and community their sleeves, and they were doing well approaches. I think it would be fair to leaders come to these meetings—what at getting their test scores up. At one say that pretty much most of my time we do is operate on something we call point, we were told they were going to in public life has been defined by tak- the Oregon way. The Oregon way is be labeled a failing school, because, ap- ing unconventional approaches. So I about Democrats and Republicans, peo- parently, for a short period of time, a welcome new ideas from people who ple of all philosophies. We had great number of youngsters had the flu, and have not been involved in govern- Republican Governors—Tom McCall, so the attendance rate wasn’t what it ment—and ideas that, frankly, are out Mark Hatfield—who also served in this should be. Those were the kinds of sto- of the box, that are unconventional. body and were independent. We want ries that illustrated why it was so im- But they still have to be based on hard fresh, practical approaches. portant to fix No Child Left Behind and evidence that they are going to work. We focused on our ideas that work, focus on approaches that work. We are trying fresh approaches in ideas that get results, and we focus not It is my view that what Senator Medicare, for example. The idea is that on alternative facts but on the truth. MURRAY and Senator ALEXANDER did Medicare today is no longer the Medi- What I heard again this weekend at with respect to bipartisan leadership care of 1965. It is all about chronic dis- home is that we are bringing together was to work for an important bill—im- ease—cancer, diabetes, heart disease, teachers in the classrooms and parents portant for the future of students, im- and strokes. A big bipartisan group of and community leaders and trying to portant for their ability to get a job us here in the Senate have written bi- determine what are the key factors in and do what they want in their years partisan legislation to try a very dif- why students are not graduating. At ahead. When you have a bipartisan bill ferent approach—certainly unconven- home people are asking, how do you that the President has signed into law, tional—but it is grounded on the facts. get results? What actually is going to replacing failed education policies, and It is grounded on what we know about work in the classroom and at our giving teachers more control over their taking care of folks at home and on the schools? Educators and principals tell classrooms, you ought to move quickly benefits of telemedicine. me that mentoring programs work. and boldly to carry out that law. That So that is why I am opposing the They tell me at home that summer law included a provision that I wrote DeVos nomination. It is not because I

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.158 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE S806 CONGRESSIONAL RECORD — SENATE February 7, 2017 am hostile to unconventional ap- why I will vote this morning against But that is not all. As if that weren’t proaches or fresh faces or people who the nomination of Betsy DeVos to be enough, Betsy DeVos has spent her en- haven’t been involved in government— Secretary of Education. I encourage tire career and millions—even tens of quite the contrary. I probably have a my colleagues to do the same. millions of dollars—methodically un- bit of a bias for just that. I am oppos- I yield the floor. dermining the public school system in ing the nomination, No. 1, because of The PRESIDING OFFICER (Mr. the United States, from privatizing and the track record that much of what she LANKFORD). The Senator from Dela- defunding public education to under- has advocated for hasn’t worked, and, ware. mining accountability standards in No. 2, when she was challenged on it— Mr. COONS. Mr. President, I would Michigan and across the country. such as the question of the graduation like to thank my colleague from the Betsy DeVos has turned Michigan into rates and some of those programs she State of Oregon for his detailed, the biggest school choice experiment in invested in—she inflated the rates. She lengthy, and compelling remarks on the Nation. Unfortunately, for Michi- said they were almost twice as high as the floor this morning about why he gan students and families, that experi- they actually were. So the country will vote against Betsy DeVos for Sec- ment has gone terribly wrong. There is can’t afford to allow failed policies— retary of Education for the United a lot of talk in education circles about particularly as we move to implement States. You have heard from my col- two key issues—access and account- the new laws that do not suggest a very leagues last night, this morning, and ability. positive set of opportunities for public for an entire day the concerns they What is stunning about Betsy schools at the local level. have come away with from her con- DeVos’s record in Michigan is that she We have recognized as a nation for firmation hearing and the concerns worked tirelessly to ensure access to years how vital public education is to they heard from their home State and taxpayer dollars for the widest possible giving children in America the chance from educators and parents, teachers, range of private and parochial schools, to climb the economic ladder. It is a and administrators—all concerned charters, and through vouchers— bedrock principle of public education about education in their home State. schools of all types—academies newly that investments in public schools and I am honored to have a chance to add established to take advantage of tax- investments where there is a track my few brief words this morning to ex- payer dollars and to siphon them into record of fresh ideas that work, rather plain to my constituents and to every- nontraditional nonpublic schools but than ideological approaches where the one in this Chamber why I, too, believe without accountability. evidence suggests it doesn’t work, can that Betsy DeVos is not qualified to Without accountability, charters and serve everyone. serve as Secretary of Education of the choice can lead to tragic results, can I cannot support an Education Sec- United States. A simple question for literally lead to siphoning desperately retary with a track record that flies in any parent out there is this: Why needed dollars out of our public schools the face of the need for our country to would a parent want a classroom and into the pockets of those who make smart investments in public teacher who wasn’t qualified to stand would profit from experiments in pub- schools. I described how the next Edu- before that class and teach their chil- lic education. Why would we allow ac- cation Secretary faces a challenging dren? Why would any community lead- cess to taxpayer dollars with no ac- agenda with huge stakes. Graduation er, civic leader, parent, or educator countability for the performance? rates and improving them are right at want a principal who wasn’t qualified When did it become something the the heart of it. But, obviously, we are to lead the school building, to lead in- other party would champion, that they going to have a need for other fresh struction, and to make sure that the would have access to taxpayer dollars ideas, like making college more afford- school was moving forward in a good without accountability for results? able. and positive way? The answer is that I understand the drive, the desire, Mrs. DeVos just doesn’t have the they wouldn’t. Why would any parent, even the passion for experimentation qualifications to achieve the success why would any business leader, why in public education. I spent more than that 50 million students in American would any legislator want a super- 20 years working with the ‘‘I Have A public schools demand. The person en- intendent for a school district who had Dream’’ Foundation. We served parents trusted with our children’s future no previous experience in public edu- and students in some of the toughest, should not be put at the head of the cation and whose agenda was well out- most struggling public schools in the class just because she is part of a fam- side the mainstream in education? The entire United States. ily that wields enormous public influ- answer is that they wouldn’t. I heard from parents that they want- ence. You get these jobs because you So I think the question before us in ed better schools for their kids. I un- earn them, because you have been in- the Senate today is, Why would any of derstand that in some communities volved in your community and various us want, support, or vote for a nominee there is a passion for experimentation kinds of charitable or philanthropic ef- to be Secretary of Education who has with charters and with choice, but to forts, and your work produces con- demonstrated a lack of grasp for the embrace that without accountability, crete, tangible results that indicate basics of education, which makes her, to ensure that the outcomes are better that you can carry out a job of this im- obviously, unqualified? The answer is, I without making any serious effort to portance. The reality is that these don’t. We don’t. We shouldn’t. ensure that these diverted taxpayer nominations are some of the most im- As we saw during her abbreviated dollars are not simply wasted or turned portant judgments we make as a Sen- Senate hearing, Mrs. DeVos has no into a mill and a machine for profit, I ate. The people we put in these offices grasp of basic public education issues. think is the worst sort of taking ad- are going to control, literally, billions She has zero direct experience. She vantage of the hopes and dreams of of dollars in spending. They are going hasn’t taught in the public schools. parents and students who are seeking to enforce laws that in some instances She hasn’t sent her kids to public progress, and it ends up undermining are decades old and, at a minimum, up- schools. She hasn’t been educated or and defunding and devaluing tradi- date the ones that need updating. trained in teaching in the public tional public schools all across our I can tell you that what I heard again schools. She doesn’t seem to under- country. this weekend in rural Oregon indicates stand, for example, that Federal law As my colleagues, my friend from the that the people I have the honor to rep- provides basic protections for students State of Washington and many others resent do not believe Betsy DeVos is up with disabilities. She has no idea what have pointed out, there are serious con- for the job. So this morning, I stand up the IDEA is and why it is a central part cerns with how Republicans have con- for kids, parents, and families who de- of protecting, supporting, and serving sidered her nomination. Mrs. DeVos serve education policies that will let students with intellectual disabilities. was rushed into her confirmation hear- them go after their dreams and secure She refused to rule out privatizing pub- ing before she had submitted the basic their futures. I believe they deserve lic schools and refused to commit to and appropriate ethics paperwork, better. I believe Betsy DeVos is going enforcing Federal laws that protect meaning Senators had no way of clear- to make it harder for working families women and girls in schools from sexual ing her from potential conflicts of in- to achieve those aspirations. That is assault. terest.

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.159 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE February 7, 2017 CONGRESSIONAL RECORD — SENATE S807 Traditionally, this has not been to advancing I think will be deeply School District tells me that ‘‘her first much of a concern, since we have often harmed. None of these reasons that I thought after watching Mrs. DeVos’s had Secretaries of Education with long just laid out about the timing, about Senate hearing was that students de- public careers who had been subject to the length of the hearing, about the serve better than her.’’ some transparency and some review disclosures, about her performance in Jen goes on to say that ‘‘students de- previously. I cannot remember a time the confirmation hearing, none of them serve a national leader in education when we had a Secretary of Education would, necessarily taken alone, be who has real experience working in who was a billionaire and thus subject cause for grave concern and alarm, but public schools, someone who knows the to much broader potential conflicts of taken in combination, they are fun- strengths and challenges that each stu- interest. I frankly cannot remember a damentally disqualifying. dent brings to the classroom.’’ time when we had a President who was Don’t take my word for it. I am on Jen said: ‘‘As a teacher, I need some- a billionaire and declined—refused to five different committees. I have lots one who will fight for all students— release his taxes or to address his of other confirmations I am challenged low-income, gifted and talented, and manifest conflicts of interest. to be engaged in. I have other issues especially our students with disabil- So, frankly, the fact that the Senate going on that have made it hard for me ities.’’ Jen said: ‘‘I work in a classroom HELP Committee raced forward with to attend every single meeting and filled with students like these,’’ stu- Mrs. DeVos’s confirmation without ad- hearing about Mrs. DeVos, but there dents of every background, skill level dressing some of these basic issues is are folks in my home State of Dela- and need, and ‘‘they deserve someone more concerning in this context than ware who have watched every minute, better.’’ at any previous time. who have followed it very closely, and Cheri wrote to me from Lewes, DE. As the members of this committee, who have, in an unprecedented wave of She is a retired lifetime educator, a who represent a broad range of views input, reached out to my office. district supervisor and coordinator. and experiences—and it is exactly what Now, these numbers, if I were from a Just a few years ago, she retired to the Senate is for—were limited to one State like California or Texas or New Lewes after spending her life advancing round of 5 minutes for questions, hard- York, might not seem striking, but public education. She wrote that until ly sufficient for any nominee, let alone from my little State of 900,000 constitu- now she never felt it necessary to write a controversial nominee with no public ents, the idea that more than 3,000 my Senators to oppose a presidential education experience other than under- Delawareans have reached out to me nomination. But here’s why this time is different. As Cheri writes, Betsy mining the underpinnings of the public urgently and directly is fairly striking. DeVos is ‘‘a proponent of school vouch- school system, we can only conclude I have gotten more than 450 phone calls ers which siphon dollars off from public that there was something behind this in opposition to Mrs. DeVos. schools. She does not have a degree in effort to race Mrs. DeVos forward. My office in Wilmington received a We have seen here on the floor, she signed petition with 800 signatures education, has no experience in public has become so unpopular that the from Delawareans asking me, urging education, and has not shown a willing- ness to listen to and learn from practi- other party has had to delay the con- me to vote no. Someone buttonholed tioners and experts in the field.’’ firmation vote in order to ensure her me, literally, on the train this morning Cheri is exactly right. Our kids de- to make certain that I was going to confirmation. It is my guess that later serve better. That is why, when it vote no. I have received more than 2,200 this morning, we will see the President comes to Betsy DeVos’s nomination to letters from Delawareans, letters from of the Senate cast the deciding vote, serve as Secretary of Education, I am something that although not unprece- educators, from parents, from commu- not just voting no, I am voting no way. dented, is certainly unusual and sug- nity and civic leaders, of all different It is important to me that everybody gests that other Senators have heard backgrounds, all up and down my here knows that my constituents in my from their States, as I have from mine, State. State have spoken with nearly a unani- a chorus of opposition. Those 2,200 letters make this one of mous voice. A very, very few have con- In her confirmation hearing, Mrs. the top issues that Delawareans have veyed any support whatsoever for Mrs. DeVos struggled to articulate basic reached out to me on in this past year. DeVos, and an overwhelming voice of concepts central to current debates in As I said, that may not sound like a lot thousands have expressed concern, agi- public education. In trying to identify of input if I were from California, New tation, even alarm at the idea that this and reconcile the simple concepts of York, Oklahoma, Washington State— person, with this record, would be growth and proficiency, she showed 3,000 would be relatively few—but in handed the reins of the Federal Depart- neither growth nor proficiency. She my State, that is a loud and clear mes- ment of Education with likely disas- showed neither a grasp of the basics, sage. So let me be just as loud and trous results. nor an ability to learn, nor a mastery clear in my reply. I hear you, and I will For this most foundational experi- of simple concepts central to how we today vote against Betsy DeVos for ment, that is at the core of American make progress in public education. Secretary of Education. Let me take a democracy, that is essential to our You know in the Senate, the Con- minute and share with you some of the being a country where equality of op- gress in recent years, after years of dis- concerns I have heard from Dela- portunity, the freedom to pursue our agreement and fighting with the Every wareans, constituents who followed her own skills and gifts and have them en- Student Succeeds Act, we had reached confirmation hearing closely, who fol- lightened, educated, uplifted is at the a modicum of agreement. We had lowed the record of its progress from very core of what it means to be Amer- reached a point of equilibrium and had committee to floor closely and who ican—public schools in which any child hopefully turned to a point where we raised the alarm and who shared that of any background has a free and fair could work together in a bipartisan with me. opportunity to pursue their God-given and balanced way on some of the press- One educator, a career teacher, some- talents and to rise through our society ing issues in higher education, in ele- body who is very agitated about the and contribute at the highest levels—is mentary education, in career and tech- record she showed in Michigan and not something to be played with, isn’t nical education. what it might mean for our State of something to be experimented with Instead, we see one of the more rad- Delaware, said—concisely: Why should casually. ical nominees ever for Secretary of we welcome a billionaire President who It is something to be taken deeply se- Education, someone who brings, I am nominates a billionaire friend who sees riously. We have challenges in our pub- afraid, an agenda, a strong and forceful children not so much as children to be lic schools. We have challenges in our agenda that if it is continued nation- educated and supported and served but society. They are reflected in our ally, as it was in Michigan, I am con- as tokens to be used as an experiment schools, but if our schools are not cerned predicts a difficult future even in privatization and profit made off our strong, if our schools are not educating for those who are most in need of sup- public school system. our children, we have no hope of be- port, of engagement, of quality schools. That educator said he was terrified. coming a more just, a more equal, a Even those who Mrs. DeVos claims to Jen, a middle school teacher at Red- more constructive, a more coherent, have dedicated her education activism ding Middle School in Appoquiniminck and a more inspiring society.

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.161 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE S808 CONGRESSIONAL RECORD — SENATE February 7, 2017 Our public schools are the very foun- dents—who are all directly affected by I thank Marie Carlsen from Federal dation of what it means to be Amer- this law—support gun free school Way. She sent me a letter, and she ican. To put in charge of our Depart- zones. I find it problematic that Mrs. said: ment of Education someone who does DeVos makes light of this issue and Dear Senator Murray, not share that view pains me deeply, would go along with the President’s Thank you for your continuing efforts at concerns my constituents, and alarms opinion on this issue, considering we trying to prevent Betsy DeVos from becom- many of us who have spent year after had 15 school shootings throughout ing the head of the Department of Edu- year trying to support, to improve, and 2016. cation. I have a child who has just started his schooling in our public school system, to advance public education in the The Secretary of Education serves in a very important role. The Secretary and from everything I have read or listened United States. to about this woman, she has no business in For all these reasons, it is my inten- ensures that all of our Nation’s stu- education at all. She has no knowledge of tion to vote no; in fact, no way today dents have equitable access to a high the laws and protections guaranteed to our on Mrs. DeVos. quality education. They ensure that children, no comprehension of what our edu- I yield the floor. students’ civil rights are protected cators deal with on a daily basis, and would Mrs. FEINSTEIN. Mr. President, I under Federal law and that schools are regress, gut, and otherwise destroy our edu- rise today to discuss why I do not held accountable for the performance cational system if she were allowed to be- think Betsy DeVos is the right person of all students regardless of socio- come the head of the Department. I fear for for this very important job. economic status, language barrier or my child’s education, his safety, and his abil- ity to compete in a global community in the As you know, I have been a long and disability. My colleagues and I have an oppor- future. I stand with you and thank you again proud supporter of our education sys- for your efforts. tem. I have supported public, charter, tunity to stand up for our children by I thank Marie for writing in. Like so private, and magnet schools across the opposing Betsy DeVos and demand that many people across the country, she great State of California. I have always the President put forward a highly watched the hearing Mrs. DeVos came supported a parent’s right to choose qualified candidate that can best serve to where she spoke to our committee. the right school for his or her child, our students, parents, and teachers in We were only allowed 5 minutes each, and I have always believed that dif- this important role. which I really regret because I think it ferent models of schools provide stu- I would also like to mention that I is important that we see who is going dents with more individualized experi- have heard from over 96,000 of my con- to be leading this agency, and our in- ences that are tailored to meet their stituents, whether they left comments ability to ask her questions with full needs and how they best learn and are with my staff or wrote me a letter, ex- information really gave just a shallow enabled to succeed. plaining why Mrs. DeVos was an unac- picture of who she was. But like many While Mrs. DeVos is also a proponent ceptable candidate for Secretary of people, my constituents and those of school choice, I believe we have very Education. I heard you all loud and across the country watched and were different philosophies on this issue. clear, and I want you to know that I just shocked that somebody who had Personally, I can only support schools am here to serve you, and I will con- been nominated to head the Depart- when there is accountability. Schools tinue to be your voice. ment of Education had such little expe- should be accredited, well managed Thank you. Mr. COONS. I suggest the absence of rience and knowledge and under- with proper fiscal controls, and trans- a quorum. standing of the agency they had been parent in regard to student perform- The PRESIDING OFFICER. The tapped to lead. ance for all of the students they serve. clerk will call the roll. I heard from Ms. Ina Howell in Se- We owe it to our parents and students The senior assistant legislative clerk attle. She wrote to me, and she said: to protect their right to access a high proceeded to call the roll. quality education. We owe it to our I am writing to express opposition to the Mrs. MURRAY. Mr. President, I ask nomination of Mrs. Betsy DeVos as Edu- teachers to provide them with the re- unanimous consent that the order for cation Secretary. Mrs. DeVos does not have sources and leadership they need to be- the quorum call be rescinded. any experience in the field of education and, come master educators. The PRESIDING OFFICER. Without as a result, will not effectively lead the De- Mrs. DeVos has never worked in the objection, it is so ordered. partment of Education in maintaining and classroom or as a school administrator, Mrs. MURRAY. Mr. President, again, improving public education in the country. and during the Senate committee hear- I am on the floor, and I want to thank She did not seem to possess a basic under- ing on her nomination, she clearly all of our staff and clerks and everyone standing of key education policies, including showed she does not have a firm grasp who has been here throughout the last the responsibilities of the IDEA Act. She did not understand the difference be- of basic tenets of education policy or 20 hours. I thank everyone for speaking tween student proficiency and student program implementation. Mrs. DeVos from their hearts about the issue of growth measures. She did not understand and her family have been longtime do- public education, why it is so impor- simple facts and figures, like the percent in- nors to efforts to expand unregulated tant to them, and why they want a crease in student debt from 2008 to 2016. She school choice. Their financial efforts Secretary of Education who has that failed to adequately answer questions on prevented accountability efforts to go value and promotes that value and has equal protection for LGBT students and into effect that would have provided the vision of that value, which is really their civil rights, confronting campus sexual regulation over the proliferation of the why so many people in this country assault and the regulation of the for-profit higher education industry. for-profit charter schools throughout have spoken out and sent us letters and Michigan. held rallies and inundated our phones. This is Ms. Ina Howell—she happens Additionally, I found it troubling And I thank all those people who have to be with the National Alliance of that, during Mrs. DeVos’s confirmation done that. It has made an impact here Black School Educators—expressing hearing before the Senate Health Edu- and has made a difference. I think it deep concerns that the nominee doesn’t cation and Pensions Committee, she has woken up each one of us to what we have the basic issues and knowledge testified that she would support the re- care about in this country and what we that she should have in running this peal of the Gun Free School Zones Act, value and what we want. agency, nor the passion for it, which is which bans guns in schools. Mrs. DeVos Like many people, I received so so important as the leading spokes- cited that grizzly bears in Wyoming is many letters from my constituents, person in the country. one legitimate reason why guns should over 48,000 letters. That is just the let- I heard from Dana Hayden from be allowed in schools; yet the vast ma- ters—not phone calls—that I got, and I Poulsbo, WA, and she said: jority of our Nation’s schools face zero want to share some of them with you Dear Senator Patty Murray, threat of an attack from grizzly bears because they come from people’s I have been an educator in our State since that would justify the risk of allowing hearts. They are not form letters. They 1984. I have seen your positive efforts for the citizens of WA firsthand. guns on their premises. are not something they got from some- Last night, we found out that our family Throughout my career, I have been a body else and forwarded. These are per- will be welcoming our first grandchild in strong supporter of gun free school sonal. And I think it is important that July—a girl. I am so joyful, yet quite wor- zones. And educators, parents, and stu- we hear these people. ried about the world she is coming into.

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.162 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE February 7, 2017 CONGRESSIONAL RECORD — SENATE S809 Then I saw you on the news. You give me worked on a bipartisan basis to ensure We are no longer in the midst of a hope! Thank you! that title IX is enforced. And to have a contentious Presidential election. We I wonder what kind of school experience nominee for Secretary of Education have a new President, and that Presi- the next generation will have if DeVos is al- who came before our committee, did lowed to decimate our education system, the dent has now put forth an exceptional way Trump is decimating our Nation with not understand title IX, didn’t have a Supreme Court nominee and a number orders. commitment to title IX, sends shock of well-qualified Cabinet nominees. These are people who have not writ- waves through students across this Yet, more than 2 weeks into his term, ten in before. They are writing long country and their parents who have President Trump has the fewest Cabi- letters, many of them pages long, pushed and pushed for us to make sure net Secretaries confirmed at this point speaking from their hearts about the that title IX is overseen in a way that than any other President since George makes sure our students at schools value of public education, what it Washington. have the support they need from our means to them and their grand- The President deserves to have his highest education person in this coun- children. They know this country was Cabinet in place. The American people try. deserve that as well. I would remind built on a system of public education I could go on forever. I know several that ensured every child would be pro- our Democratic colleagues of the other Senators are going to be here on things they themselves have said when vided a school in their community to the floor shortly. Let me just say this: go to so that they could have the op- the shoe was on the other foot. I have had the opportunity to be out Here is what their last Vice Presi- portunity their parents and grand- here on the floor to hear from so many dential candidate, our colleague from parents and great-grandparents had. Senators who gave their personal sto- I could read through so many of Virginia, had to say: ‘‘I think we owe ries about what education meant to deference to a President for choices to these. Here is one from Miles Erdly them. Young people growing up in pov- from Kent, WA. He says: executive positions.’’ So yes, ‘‘Now is erty knew that school was there for the time,’’ as the Democratic leader My name is Miles Erdly, and I am the prin- them. They knew they had teachers said, ‘‘to put country before party.’’ cipal of Horizon Elementary in Kent. As a and friends who were there for them. strong supporter of public education, I ask One way to do so is by ending the un- that you vehemently oppose the confirma- Not everyone was perfect. Certainly precedented delay we have seen by tion of Betsy DeVos as Secretary of the U.S. not every school is perfect. Certainly Democrats on the President’s Cabinet Department of Education. Educators and all of us who have been involved in appointments. Our colleagues will have students deserve a Secretary who can com- public education strive for better every an opportunity to chart a different mit to supporting every student in all public day, but that school was there for path later this afternoon and the rest schools, and a leader who will work tire- them. of the week as we vote to confirm more lessly to promote a public education system The thought that we have a Sec- nominees. that provides each child with the optimum retary of Education nominee who conditions for teaching and learning. Betsy This afternoon we will vote on the doesn’t share that basic value, who President’s nominee for Secretary of DeVos’s past work in education and her per- wants to change the system to pri- formance at the recent confirmation hearing Education, Betsy DeVos. I look forward demonstrated neither a depth of experience vatize it—she has said herself that she to confirming her to this important po- nor knowledge base in education policy and wants to end public education. sition so that she can get to work on on critical issues facing the community. As Privatizing schools, having some kind behalf of America’s students and a principal, I have spoken with teachers, par- of corporation running our schools, is schools. ents, students, and community members just not what our country is about, is As I said yesterday, this well-quali- across the political spectrum, and there is not what we want. We are not even fied candidate has earned the support widespread agreement that Betsy DeVos is leaning in that direction. They want not the right person for the job. of several education groups and nearly our country to lean in the other direc- two dozen Governors from across the This is Miles Erdly, a principal, and tion—to strengthen all of our public Nation. She understands that teachers, he watched the hearings, like so many schools, to have taxpayers across the students, parents, school boards, and people did, and was so concerned that country investing in every student, and State and local governments, not we had in front of us a nominee for the that those schools be held accountable Washington bureaucrats, are best suit- Secretary of Education who didn’t and that we ask our elected representa- ed to make education decisions for our share that core value of public edu- tives to hold them accountable. That is kids. And I know she is committed to cation for all students. not the vision that this nominee has improving our education system so Ms. Gabrielle Gersten from Seattle, presented to us, and it is a vision that that every child—every child—has a WA: I have worked passionately on through brighter future. As a college student, the idea of Betsy all of my life, and really that is why I After we confirm Mrs. DeVos, the DeVos becoming the Secretary of Education am here to oppose this nomination. concerns me for multiple reasons. She obvi- Senate will turn to another well-quali- I want to thank everybody who has fied Cabinet nominee, our own col- ously has been fortunate enough to go written in and called and been pas- league, Senator JEFF SESSIONS of Ala- through school and a higher education with- sionate about public education in this out a worry about money, but that is not the bama. We all know Senator SESSIONS, case for most college students. I, myself, am country, and I encourage them to keep and we know him to be a man of his lucky enough that my mom saved money for using their voices to fight for that pas- word. We know he is a man who be- me to attend college, but many of my friends sion. It is well worth the fight. lieves in the rule of law. We know him With that, I yield the floor. are working hard on their own to pay for col- as someone who is willing to work with lege education themselves. Also, her zeroing I suggest the absence of a quorum. the funds for title I is worrisome because The PRESIDING OFFICER. The anyone, regardless of party, as he did every State should be held to the same clerk will call the roll. when he teamed up on legislation with standard to give children in poverty access The senior assistant legislative clerk Democratic colleagues such as Senator to an education. An educated nation is a proceeded to call the roll. DURBIN and our late colleague, Ted stronger nation. Not everyone can afford to Mr. MCCONNELL. Mr. President, I Kennedy. go to private school or have the opportunity ask unanimous consent that the order I would remind Democratic col- to attend one, whether that be the money or for the quorum call be rescinded. leagues that Republicans did not fili- even finding a way to get to school. She has The PRESIDING OFFICER. Without buster when a newly elected President goals, but they are not as easy to achieve for Obama put forward his own Attorney everyone, and I don’t think she keeps that in objection, it is so ordered. mind. Mr. MCCONNELL. Mr. President, General nominee, Eric Holder. In fact, Additionally, title IX is very important to ‘‘Now is the time to put country before the nominee who will soon be before us, me, as a female college student, and the rest party.’’ That was an observation by the Senator SESSIONS, crossed the aisle to of my peers. She needs to support title IX Democratic leader just yesterday on vote for Eric Holder; this, despite the and keep universities accountable to it. the Senate floor. Our friend from New fact that the Holder nomination in the Mr. President, I couldn’t agree more. York makes a good point, and I am Republican conference here in the Sen- Title IX is critically important in our hopeful it is a principle his own caucus ate was one steeped in considerable higher education system. We have will follow in the days to come. controversy.

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.164 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE S810 CONGRESSIONAL RECORD — SENATE February 7, 2017 What a contrast with the way the flicts of interest are legion, and she for public education because their Democrats are now treating our col- hasn’t, unlike some other of the Cabi- States are largely rural. In rural Amer- league’s own nomination now. They are net nominees, tried to erase them. ica, there is not much choice, which looking to waste even more time for its So of course there should be a tre- has been Betsy DeVos’s watchword, al- own sake today. It has been unfortu- mendous amount of discussion. Of though the charter schools she set up nate to hear the attacks that some on course Democrats ought to bring to have been, by and large, a failure. They the far left have directed at our friend light who Betsy DeVos is. So when she don’t have that choice. So someone over the past few weeks, but I am does her acts as Secretary, when she who decries public education, who dis- pleased the American people have had does things that hurt public education dains public education, is not good for the opportunity to learn the truth as Secretary, the American people their State and, I would dare say, is about Senator SESSIONS and to see for know what is happening and can stand not good for the States of a lot of Sen- themselves how qualified he is to lead up against it. ators on the other side of the aisle who the Justice Department. I have to tell my colleagues, it is not feel compelled—that party loyalty—to We can expect that Senator SESSIONS Democrats who are bitter about the vote for her. In fact, when we talk in his new role will continue fighting election; it is the American people who about parties demanding things, it is to protect the rights and freedoms of are bitter about the nomination of the Republican side demanding a vote all Americans as he also defends the Betsy DeVos, and that is why millions for an unqualified candidate, not the safety and security of our Nation. and millions of calls—almost unprece- Democrats delaying the vote. Tomorrow I will have more to say dented on a Cabinet nomination—have I hope against hope that another Re- about Senator SESSIONS and the impact poured into this Capitol, into Demo- publican will have the courage of the that he has had on each of us here in cratic and Republican offices alike. Senators from Alaska and Maine and the Senate, but for now, I would en- The distinguished chairman of this join us. Then what can happen is the courage colleagues to finally come to- committee—who is a dear friend; I have President will get to make the nomina- gether and show him and each of the such respect and admiration for him, tion. We Democrats are not going to remaining nominees the fair consider- and we have spent time together so- pick the Secretary of Education, but it ation they deserve. cially—was put in the awkward posi- will be a qualified nominee because Mr. DURBIN. Mr. President, I sug- tion of having to rush through a nomi- they will have learned their lesson at gest the absence of a quorum. nee, 5 minutes of questions, that is it, the White House that they can’t brush The PRESIDING OFFICER. The for each Senator; 5 minutes at night, through these nominations with such clerk will call the roll. no second rounds. There was no ration- little vetting. The senior assistant legislative clerk ale for that, other than he was afraid of NOMINATION OF JEFF SESSIONS proceeded to call the roll. what she would say or might not say. Mr. President, now I would like to Mr. SCHUMER. Mr. President, I ask Sure enough, when she testified, those say a word—we will be saying more unanimous consent that the order for fears were actualized because Betsy later—on Senator SESSIONS, who will the quorum call be rescinded. DeVos couldn’t answer the most funda- be coming forward after we vote on The PRESIDING OFFICER. Without mental questions about public edu- Mrs. DeVos at noon today. objection, it is so ordered. cation. The nominee for Attorney General Mr. SCHUMER. Mr. President, I just She couldn’t get her paperwork in on has huge importance—far greater im- listened to my friend the majority time. What kind of nominee is that? portance than the nominee would have leader and the majority whip on the How is someone who is going to run the had 3 or 4 weeks ago. We need a lot of floor. They are able legislators, but Department of Education, with tens of discussion on that. What we have seen they are sort of misleading the public thousands of employees, unable to get is a President who belittles judges as to our motivation. They have tried her paperwork submitted in enough when they don’t agree with him. What to paint every Democratic request as time to clear the ethics organizations? we have seen is a President who is will- leftover resentment from the election. How was she unable to get her paper- ing to shake the roots of the Constitu- ‘‘Sour grapes’’ the majority leader said work in on time? Every nominee of tion and a fundamental premise—no re- a few weeks ago. They can say it day President Obama’s did, and we didn’t ligious test—that is embodied within after day after day, but it will never be hear from them until they did. our Constitution within his first few true. The rush; a few extra days, some weeks in office. All we Democrats are insisting on is hours last night so we might examine a We certainly need an Attorney Gen- careful, careful consideration of nomi- nominee who has tremendous power eral who will stand up to the President. nees who we believe almost universally over the future of millions of American We have seen other Attorneys General are below par. These nominees are kids and their families—oh, no. If any- do it, most notably in the Clinton ad- going to have a tremendous effect on thing, we should be spending more time ministration. Senator SESSIONS—I ride the American people. on Betsy DeVos, not less. What should with him on the bike in the gym—is Every mother and father in America be happening is she should go back for not—if you can say one thing about should worry about Betsy DeVos’s lack a second hearing now that her paper- him, he is not independent of Donald of dedication and almost negative feel- work is in. What should happen is she Trump. ings about public education. She heaps should be asked more questions be- He supported Donald Trump from the abuse on public education. Ninety per- cause she was so unable to answer so very beginning. Even when Donald cent of our children are in public many rudiments last time. What Trump didn’t look like he was going to schools. Of course, there should be dis- should happen is, there should be more be much of a candidate, if you had to cussion about it. She shouldn’t be the time, not less, on debating this nomi- pick someone who would not stand up nominee. nee, not because we want to be dilatory to a President when the President goes Yes, I understand, our colleagues on but because we want a nominee who at too far—well, let’s put it the other the other side of the aisle, there is a least meets some basic tests, and she way. If you had to pick someone who new President. My guess is, if we went does not. would stand up to a President when the in their cloakroom and heard their That is why every Democrat will be President goes too far on picking on whispers, our Republican colleagues voting against her, and two Repub- the judiciary, on avoiding the tenants, would say: I wish he could have come licans, who showed tremendous cour- breaking the tenants of the Constitu- up with someone else. age. Again, I have been around here a tion, whatever the legal case shows, Betsy DeVos is the negative trifecta. while. I know the pressures. That is you wouldn’t pick JEFF SESSIONS. She is negative on competence. She why I have such respect for the Sen- His record is clearly troubling. We doesn’t even understand the basic as- ators from Alaska and Maine who will hear a lot more about it later. He pects of education. She is negative on voted against Betsy DeVos not for po- is probably the most anti-immigrant philosophy. She disdains public edu- litical considerations, not in frustra- Member of this body, Democrat or Re- cation, where 90 percent of our kids tion that they lost the election but be- publican. And many of us on this side are. She is negative on ethics. Her con- cause they knew how bad she would be believe that immigrants are an asset to

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.165 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE February 7, 2017 CONGRESSIONAL RECORD — SENATE S811 America, not a liability. Many on the principle of our American school sys- Senator HASSAN asked if Mrs. DeVos other side of the aisle probably do too. tem. Everyone should be able to get a would require schools using vouchers When it comes to voting rights—so im- great education. to comply with that law. Mrs. DeVos portant, so fundamental, and under at- Mrs. DeVos wants to dismantle our initially responded that she believes tack right now—again, JEFF SESSIONS public schools. She would drain re- the decision should be left to the has not been a stalwart. He has had a sources from the children and teachers States. When Mrs. DeVos was informed record that leaves much, much to be who need it the most. I can’t say it that it is Federal law, that it is not up desired. On the issue of civil rights as strongly enough: A vote for Mrs. DeVos to the States, she responded that she well, Senator SESSIONS’ record is not a is a vote to destroy our public school must have been ‘‘confused.’’ Confused? record that I think anyone who be- system. My constituents agree. We Mrs. DeVos bragged that she has been lieves in civil rights could admire. have received over 63,000 emails and an education advocate for 30 years. The We just had an acting Attorney Gen- over 2,000 telephone calls in the last IDEA was passed over 25 years ago, in eral stand up to the President. That is month alone opposing this nomination. 1990. Mrs. DeVos was not ‘‘confused.’’ going to be a real test in this adminis- These are recordbreaking numbers She plainly did not know what the In- tration because there seems so little from my office for a Cabinet nominee. dividuals with Disabilities Education regard for an independent judiciary and Many of those calls and letters are Act is. even for the Constitution itself. That is from public school parents and teach- It is very disturbing that she appears probably the most important quality of ers, men and women who are dedicated not to know how public schools edu- this new Attorney General. I have to to our students and our public edu- cate and accommodate kids with spe- say, as much as I agree with JEFF SES- cation system. They understand that cial needs. Does she not know what an SIONS on an issue like trade, he is the Betsy DeVos is not qualified to lead individual education plan is? She didn’t wrong, wrong, wrong choice for Attor- our Nation’s public education system. know, as she said in a hearing to be ney General. He would be at any time Betsy DeVos is the first nominee in Secretary of Education, that the mil- because of his record on immigration, history for Secretary of Education lions of public school children with dis- civil rights, and voting rights, but par- with no experience in education or pub- abilities have a Federal right to a free ticularly wrong now because we need lic administration. She is not a teach- and appropriate education. someone who has some degree of inde- er. She is not a school administrator. It is just as troublesome that Mrs. pendence from the President. She didn’t attend public schools. Her DeVos did not know that children with I am going to yield the floor. I hope children didn’t attend public schools. disabilities can lose their Federal right one of our Republican colleagues will She has never held a government posi- to an equal education under State step up to the plate in a few hours, but tion, let alone one in education. In voucher programs—voucher programs even if they don’t, we Democrats are fact, she has open disdain for govern- she has spent years advocating for. She very proud of what we have done here ment. did not know that voucher programs because the nominee is so unqualified Mrs. DeVos’s complete lack of experi- can require students with disabilities and the American people now know it. ence and profound lack of under- to sign away their IDEA rights. Most That is an important tenet of this de- standing of education policy were on troubling of all, she would not commit mocracy, for the public to understand full display during her confirmation to making sure voucher programs com- who is running the government. hearing. Under questioning, it was ply with the law. I hope my colleagues will listen to clear that Mrs. DeVos was completely I am also quite concerned that Mrs. our arguments for the sake of Amer- uninformed about the ongoing debate DeVos fails to appreciate the impor- ica—not for any partisan sake—about in education policy between pro- tant role that tribal cultures play in the Attorney General in these very ficiency and growth. This issue is crit- educating Native American children. troubled times when it comes to the ical. It is well documented that there is This Nation has a solemn trust and independent judiciary and the Con- a correlation between test scores and treaty responsibility to provide quality stitution of the United States. students’ socioeconomic status and education to Native students, both I yield the floor. race. So evaluating schools based on through the public school system and The PRESIDING OFFICER. The Sen- average test scores tends to penalize the Federal Bureau of Indian Edu- ator from New Mexico. schools with large numbers of low-in- cation. Her testimony has proven that Mr. UDALL. Mr. President, let me come and racial minority students. she is uneducated about these students first of all begin by thanking Senator Even if those schools produce signifi- as well. MURRAY for her leadership in terms of cant student growth on math and read- Many States have significant tribal leading us to scrutinize this nominee, ing test scores, proficiency or growth is populations. In my home State of New Betsy DeVos. It seems to me the more one of the most basic education policy Mexico it is about 10 percent. As vice we dig into this, the more we look at questions, and yet the President’s chair of the Indian Affairs Committee, it, the worse it gets. So I rise in strong nominee for Secretary of Education my job is to make sure that any Edu- opposition to the confirmation of Betsy doesn’t understand the issue. Maybe cation Secretary is committed to re- DeVos as Secretary of Education. this is because she has been single- specting tribal sovereignty and self-de- Mrs. DeVos is nominated to lead our mindedly focused on feeding private, termination. Mrs. DeVos has given me Nation’s public education system. Yet for-profit charter schools with public no assurance she understands, cares she has worked for decades to privatize dollars and the religious and other pri- about, or is prepared to address the it and even to create profitmaking cen- vate schools through vouchers. So her needs of Native American students. ters. She wants to siphon public funds knowledge about education is limited Nothing in her hearing or written an- to private schools. She has led a multi- to her pet issue. swers convinced me that she will re- million-dollar lobbying campaign to Valerie Siow, who has taught in pub- spect tribal cultures, tribal sov- fund private, religious, and for-profit lic schools in New Mexico for 13 years, ereignty, or the right to self-deter- schools with public education dollars. observed that Mrs. DeVos ‘‘had not mination. In fact, her lobby organiza- We can all agree that we want our bothered to do her homework’’ for the tion, American Federation for Chil- Nation’s schools to be the very best hearing. It is clear that Mrs. DeVos dren, supports the expansion of vouch- they can be. We want our children to does not have the breadth or depth in ers into Indian Country, diverting have all the opportunities we can pro- education policy or finance to be the money from tribal schools to private vide, but that really is the issue. That Secretary of Education. schools. I cannot support taking money is why Democrats have held the floor Senator HASSAN has a son who has away from schools run by tribes and all night long to do everything in our cerebral palsy. She told us a moving losing self-determination efforts tribes power to convince the Senate to reject story about the good education he re- are making. this nomination. ceived in the New Hampshire public The National Indian Education Asso- I believe in the public school system. schools, despite his disability, because ciation has said: ‘‘Federal funding I want all of our children to have op- of the Individuals with Disabilities should not be moving over to a private portunities. That is the fundamental Education Act, or the IDEA. school system . . . move out of our

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Betsy DeVos seems to be driven by These same schools—her work for dec- The senior assistant legislative clerk her personal religious views. I respect ades—have not shown appreciable gains proceeded to call the roll. the strength of her Dutch Calvinist re- in Michigan over the years. In fact, Mr. BROWN. Mr. President, I ask ligious beliefs, but imposing her reli- Michigan test scores have gone down unanimous consent that the order for gious beliefs should have no place in over time. These schools have not the quorum call be rescinded. funding public education, which serves shown significant improvement over The PRESIDING OFFICER. Without children of all beliefs. public schools in Michigan. objection, it is so ordered. In 2001, she talked about whether Finally, I am not convinced that Mrs. Mr. BROWN. Mr. President, it is Christian schools should continue rely- DeVos has been transparent in her re- pretty clear. It is pretty simple. There ing on contributions instead of vouch- sponses to the American public. She never has been a nominee for Secretary ers. Mrs. DeVos said: did not make her disclosures available of Education as unqualified as Betsy There are not enough philanthropic dollars to the Health, Education, Labor, and DeVos. That is clear to pretty much in America to fund what is currently the Pensions Committee at the time of her every Member of this body—not that need in education. . . . Our desire is to con- confirmation hearing—this is unprece- every Member of this body is going to front the culture in ways that will continue dented—and the committee had no op- stand up and vote the way that prob- to advance God’s kingdom. portunity to look into her many, many ably their conscience suggests they do. I support her right to devote her phil- financial conflicts. Whether they like her ideology or not, anthropic dollars to her church and Since then, she has entered into an whether they like the hundreds of mil- other religious efforts, but I oppose her agreement with the Office of Govern- lions of dollars they have contributed view of using public dollars to advance ment Ethics. While she will divest from to all kinds of political campaigns or her view of ‘‘God’s kingdom’’ in public approximately 100 investments that not, they clearly understand that this schools. Separation of church and pose a conflict, we do not know if she nominee, from her performance and her State is a fundamental principal in our has divested from all conflicts. Mrs. lack of depth of knowledge of edu- democracy to protect people and com- DeVos benefits from three trusts. She cation, is simply not qualified. munities from religious coercion by has not disclosed the assets in two of As many have said on this floor, the government. I am concerned that those trusts. based on her confirmation hearing, it Mrs. DeVos does not have the nec- The complexity and enormity of Mrs. appears she has a complete lack of essary respect for other people’s reli- DeVos’s $5 billion holdings is mind-bog- knowledge as to what the Department gious beliefs and that her policies gling. We know that from one trust at of Education actually does. She didn’t could disregard the importance of trib- least 100 conflicts required divestment. seem to understand the Individuals al perspectives on education. Without transparency in other trusts, with Disabilities Education Act, which We need assurance that every public the public does not know if she has any requires public schools to provide free school student—no matter their reli- more conflicts. and appropriate education to all stu- gion, race, ethnicity, sexual orienta- I also want to raise the issue of Mrs. dents with disabilities. tion or identity, ability or disability— DeVos’s unwillingness to address her I think that when I first ran for Con- will be respected, protected, and in- PAC’s unpaid $5.3 million fine in the gress some years ago—I assume it was cluded at the highest levels in Wash- State of Ohio for violating campaign fi- the same for the Presiding Officer; I ington, DC. That is the job of the Sec- nance laws. know it was the same for the ranking retary of Education. Mrs. DeVos has This situation is troubling on a num- member from Washington State who not shown over the many decades she ber of levels. First, Mrs. DeVos led a sits here in this Chamber and who has has lobbied on education that she multimillion dollar political effort to led the opposition to Betsy DeVos— agrees with this basic proposition. influence elections throughout our Na- from my first days in Congress, every I support making good, quality pub- tion. Second, while doing so, Mrs. time I met with school boards, every lic school options available. There are DeVos’s political action committee time I met with teachers, every time I many great public charter and magnet willfully ignored campaign finance met with school administrators, with schools around the country. We have laws and warnings from State election principals, they would talk to me some good ones in New Mexico. But officials. She racked up an unprece- about IDEA. They would talk to me these public schools should meet the dented $5.3 million fine in Ohio. Then, about school districts and the costs same accountability standards as other third, rather than acknowledging that and their obligation and duty and de- public schools—standards for student she broke the law and owning up to her sire to serve these students. Yet the achievement, teacher performance, and responsibility to pay it, her PAC sim- designee for Secretary of Education fiscal responsibility. ply folded up shop and walked away. put her hands up when there were dis- I also support the option of private As Secretary of Education, Mrs. cussions in the committee on the Indi- and religious schools. We have great DeVos will be responsible for over- viduals with Disabilities Education private and religious schools in our seeing college loans for millions of stu- Act. country. But public dollars must go to dents. Yet she refuses to acknowledge It is astonishing that a nominee for public schools, not private or religious or pay her own debts. Does she believe Secretary of Education would dem- schools, and certainly not private for- the law doesn’t apply to her? onstrate complete ignorance on some- profit schools. The first objective of I have written to Mrs. DeVos and the thing as crucial and important to pub- any for-profit venture is to make HELP Committee several times de- lic school education—to education as a money. That cannot be the first objec- manding answers about this. Her re- whole—on this. It isn’t her hearing per- tive of a school using public funds. sponses were evasive. She refuses to formance alone that should disqualify The first and foremost objective of pay the fine—hiding behind the cor- her; it is her record. She has no experi- public education funds should be edu- porate veil—while still paying lawyers ence with public schools at all. cation for students. When public dol- to fight it. This is hypocrisy, on top of The President of the United States lars are used, their use must be fully disregard for the law. has nominated for Secretary of Edu- accountable and transparent to the We have never had a Cabinet nomi- cation someone with no experience in public. Betsy DeVos would not commit nee, who led a dark money PAC, which public schools at all—not as a teacher, that private for-profit charter schools broke the law and flouted the judicial not as an administrator, not as a stu- and voucher schools should have the system. This is absolutely, totally, un- dent, not even as a parent. Nothing. same accountability standards as pub- precedented. Her only experience in education is as

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.170 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE February 7, 2017 CONGRESSIONAL RECORD — SENATE S813 a wealthy donor inheriting tens of mil- ington took the oath of office, up until lawyers, to weasel out of it, to navi- lions of dollars herself. Her only expe- now, public education has built this gate her way through it. rience in education is as a wealthy country. It has given all kinds of peo- The fact is, by any standards of de- donor who spent millions of dollars ad- ple opportunity, given all kinds of peo- cency, she owes my State $5 million. vocating for for-profit—not charter ple a chance to get ahead. It has edu- That could be 60 or 70 or 80 teachers. schools like KIPP and Breakthrough in cated our children. We should be proud She cares about education. Paying a $5 my State but for-profit charters in her of our public school system. million fine is probably like me paying State, the same policy that has ripped We may confirm in the vote today a 50 bucks. She is a billionaire, and $5 off taxpayers and failed students in nominee who called a traditional pub- million won’t break her. She will hard- Ohio. It betrays students, and it under- lic education a ‘‘dead end,’’ someone ly notice it. But she is going to be in mines and fleeces taxpayers. who has never worked in a public charge of the Department of Edu- It is obvious that if she and her fam- school, never gone to a public school, cation, which collects student loan ily hadn’t donated $200 million to Re- never been a parent of somebody in a debt from people coming out of school publicans and to conservative causes, public school. making $30 or $40 or $50,000 a year, bur- there is no chance someone this un- She said she doesn’t think that all dened with tens of thousands in stu- qualified would ever have been nomi- schools that receive taxpayer dollars— dent loan debt and struggling every nated for a position as exalted, as cru- whether they are public or for-profit month to make those payments. Yet cial, as important as Secretary of Edu- charter—should be held to the same she owes $5 million, and she just says: cation. Two hundred million dollars ap- standards of accountability. Sorry, I am not going to pay it. parently is the price for the Cabinet To me, one of the most telling mo- Through this confirmation process, slot. ments of the committee hearing was she will not even pay the debt of $5 So much for the President’s cam- when she would not commit to the million. Are my colleagues on the Re- paign promise of draining the swamp. same accountability standards for for- publican side of the aisle saying it is We see nominee after nominee, ap- profit charters as she did for public OK to nominate her and confirm her pointee after appointee coming from schools. Do you know why? Because even though she owes this money to Wall Street. Now we see a $200 million she knows her for-profit charters that my State? She sent us a letter finally contributor has also earned a Cabinet she is so proud of don’t live up to the last week because I asked her to ex- slot. same standards and that they are sim- plain herself in the promise to repay Because of her crusade, more than 80 ply not as good. That is why she taxpayers in my State. percent of Michigan’s charter schools doesn’t want accountability measures She sent us a letter last week again are operated for profit. She helped de- applied equally to for-profit charters refusing to take any personal responsi- sign one of the least effective charter and public education. bility for the legal action of this polit- school systems in the country in De- In Michigan, she fought a rescue plan ical action committee she founded. She troit. This matters to me because I for Detroit Public Schools that would chaired it at the time it broke the law, she paid the legal bills for it, but she know a lot about what has happened have finally provided accountability wouldn’t pay the fine that this com- with for-profit charter schools in Ohio. for charters schools. No. She is against that. Why have lower standards for for- mittee owes, saying: I don’t owe it. For-profit charters have failed in Ohio. Is that who you want? Is that the profit charters schools? Maybe that is They have led to a charter school sec- kind of person you want in terms of because—I don’t know about her in- tor. Again, taking out KIPP and personal integrity, personal responsi- vestments. I don’t think she has dis- Breakthrough and the good charters bility? I don’t know how many times I closed everything to the committee, that we have seen in Ohio, we have have been preached at in this body by but neither did Secretary-Designee seen a charter school sector that has my colleagues on personal responsi- Mnuchin. Neither did Secretary-Des- wasted taxpayers’ money, that has fun- bility. But she will not pay her $5 mil- ignee PRICE. I can go on and on. She neled it to unaccountable for-profit lion debt. Again, she founded a polit- doesn’t want the same accountability companies, and that have been plagued ical action committee. She chaired it for profit charters because it might by scandal after scandal. at the time she broke the law. She paid I take that personally in Ohio be- hurt some of her investor friends. the legal fees for it, but she will not She funneled $25,000—mostly inher- cause I know how students have been pay the money she owes that could hire ited money—every day to legislators of betrayed by this for-profit sector, I 60, 70, 80 teachers in my State. know how taxpayers have been fleeced Michigan until this accountability pro- She spent millions pushing the same in my State in this for-profit sector, posal was defeated. It was probably not for-profit education model agenda that and I know the devastation it leaves $25,000 every day, but over time it aver- has ripped off Ohio taxpayers and behind in less money, fewer dollars for aged $25,000 a day to legislators in shortchanged our students. public schools. Michigan so she could have her way. Most people in this country used to People call my State, regrettably, Talk about draining the swamp. Yet think that billionaires are not above the ‘‘Wild Wild West of charter she can’t seem to come up with—this I the law. In fact, some people—3 million schools.’’ What a name to earn—Ohio is take personally too—the $5 million she fewer than voted for the other can- the ‘‘Wild Wild West’’ of for-profit owes to Ohio taxpayers for violating didate—some people voted for this charter schools. Students suffer as a State election laws. What is that President because he said he would result. Students in public schools, stu- about? She came into Ohio with a po- drain the swamp. If billionaires are, in dents in for-profit charter schools, and litical action committee that she fact, above the law—if we are not hold- students in not-for-profit charter mostly funded and that she was in- ing Betsy DeVos accountable, it is hard schools suffer as a result. The last volved in in a number of ways. to argue that billionaires are not above thing we need to do is take the Wild The Ohio Elections Commission and the law. Wild West model in Ohio or, even Ohio officials in a nonpartisan way She is opposed by the disability com- worse, the for-profit charter school found her guilty of campaign finance munity. She is opposed by the civil structure and model in Michigan and law violation. This committee was as- rights community. She is opposed by a replicate it at a national level. sessed a $5 million fine. Guess what. number of people in the more legiti- This is important to remember: Of all She quit putting money in this com- mate charter school community. She is the K–12 students in the country, pub- mittee because she didn’t want it to be opposed by teachers. Even the National lic schools educate 90 percent of them, subject to the fine. Our attorney gen- Association of Principals has come out 90 percent of the students in this coun- eral has not gone after her. He wants to against her nomination. If Senator try. Betsy DeVos called traditional be Governor, and he is a member of her MURRAY’s words are correct about public education a ‘‘dead end.’’ Dead party. I don’t know their relationship this—and I know they are because we end for whom? She called traditional or much care, but she is depriving our have talked to them—this is the first public education a ‘‘dead end.’’ State of $5 million that she owes time in history that the National Asso- Think of what we have done in this through this committee. Legally, she ciation of Principals has come out country. From 1789, when George Wash- has found a way, with very expensive against a Secretary of Education.

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.171 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE S814 CONGRESSIONAL RECORD — SENATE February 7, 2017 I can’t support Betsy DeVos because I want to thank the Senator from I got a letter from Jamie Michaelson I can’t look Ohio’s parents in the eye Ohio, in particular, speaking to the of Oroville, WA, very small commu- and tell them she will not put profits issue of the fact that Mrs. DeVos does nity. ahead of their children’s education. owe a fine to Ohio that has not been Senator Murray, as a public school admin- Our children deserve better than that. paid. I find it incredulous that we are istrator, I am extremely concerned about In closing, I will come back to my just dismissing that here and the Sen- Betsy DeVos’ lack of knowledge and support comments about the Individuals with ators are voting for her. for public schools. Having never been a Disabilities Education Act, about The Senator from Ohio spoke pas- teacher or administrator is bothersome which she knew nothing or knew little. sionately about what vouchers would enough, but to have not attended a public I think how could a Secretary of Edu- mean for students with disabilities, school herself, nor sent her kids to one, makes her ill-equipped to making edu- cation-designate, who prides herself on and their ability to get a good edu- cational decisions. knowing a lot about education, how cation could be in jeopardy over the vi- Furthermore, I worry about her under- could she not know much about IDEA? sion that this Secretary is about to put standing of small, rural districts. We have And then it occurred to me. If you are forward. our own unique needs, which include funding running a for-profit charter school, you A few moments ago, I listened to the professional development for teachers, Fed- don’t want disabled kids coming to Senator from New Mexico speak about erally-funded programs for at-risk youth, your school. Why? Because it costs our tribal schools and the fact that and support to recruit and retain high qual- this Secretary of Education has no ity teachers. more to educate a disabled child than As a strong supporter of public education, it does a child without any disabilities. knowledge of tribal education and her I ask that you oppose the confirmation of It costs more because you might need role in being in charge of that with no Betsy DeVos as Secretary of the U.S. Depart- more use of a nurse, a student aide, experience and no idea of what that ment of Education. We must have a Sec- wheelchair accessibility, you might means or how that will be enacted. retary who can commit to supporting every need special tutors. It costs more to Again, I want to just say that we student in our public schools, and provide educate a disabled child. A for-profit heard from so many people in our leadership that will help our neighborhood charter school doesn’t want children States because we clearly have a nomi- schools succeed. Betsy DeVos’ record in edu- cation and her performance at the recent with disabilities to walk through their nee to run the Department of Edu- cation with no experience and a back- confirmation hearing proves she is the wrong doors or come in through a wheelchair candidate for the job. through their doors. They can’t make ground that is really in opposition to As a principal, I have spoken with teach- as much money. what most of us have stood up for and ers, parents, students and community mem- This is how we do privatization in fought for most of our lives. I have bers, who agree that America’s future de- this country: Let the public schools mentioned throughout this debate—as pends on a strong investment in our Nation’s take care of the disabled, the child I have spoken numerous times about public schools. with disabilities, because we are in this the tremendous amount of letters that Thank you for your attention to this mat- ter. I understand that you are being inun- for profit. It is a little bit like Medi- have come to me through our mail over the last several weeks since this nomi- dated with emails concerning Cabinet picks. care. The private for-profit insurance I feel the nomination of Betsy DeVos is po- companies want the youngest, health- nee came before our committee and the litical. Students, families and educators de- iest people in Medicare, the 65- and 70- public had a chance to see Mrs. DeVos serve a highly-qualified candidate that un- year-olds who are active, who take at our hearing, without the knowledge derstands our complex educational system. I walks, do all that. They don’t really she needs to lead this agency, with the am not writing to you because I have a polit- want the sickest and the oldest. Let tremendous conflicts of interest that ical motivation. Instead, I am looking for taxpayers pay for them. That is ex- were portrayed over and over. the best of the best for the Secretary of Edu- actly what her model of education is I want to again go back and read cation position. Unfortunately, in my profes- all about. Let the for-profit charters some of those letters as we get into the sional opinion, Betsy DeVos is not the right person for this job. skim the cream, if you will; take the last hour of this debate because I think children who cost the least and are they are quite telling. I couldn’t agree more. Shouldn’t we easiest to educate, but the public I have one from Dr. Jennifer Kay have the best of the best at the top of schools take care of the children with Lynn of Olympia, WA. She says to me: our education system today? That is disabilities. Thank you for your understanding Betsy what my constituents are asking—and Let the public schools take care of DeVos would devastate U.S. public edu- I know many across this country are the children who maybe didn’t have as cation. Betsy DeVos’s Senate confirmation hoping that just one more Republican hearing underscored how unprepared she is Senator will agree. That is what will much advantage in life as Betsy DeVos to serve as America’s Secretary of Edu- growing up. Let the public schools occur in about an hour. cation. Mrs. DeVos has no experience in pub- I see my colleague on the floor who worry about the kids who might be a lic schools, either as a student, an educator, little more difficult because of dis- administrator or even as a parent. Mrs. has come here to talk. I appreciate him cipline and other issues and what is DeVos doesn’t understand key policy issues, being here, and I yield the floor. going on in their homes. That is pretty like proficiency versus growth, or the Fed- The PRESIDING OFFICER. The Sen- clear how she looks at the world and eral role of the Individuals with Disabilities ator from Delaware. looks at this job and, most impor- Act. Mr. CARPER. Mr. President, thank Mrs. DeVos would not even commit to up- you for your leadership on this issue, tantly, how she looks at education in holding current guidance on preventing sex- our country. and God knows, how many others. You ual assault under title IX. Mrs. DeVos has no are a force of nature. I am happy to be That is what disturbs me. That is idea of how the arts and public education are fundamentally why I oppose Betsy critical for human development, education. with you on this day. DeVos and plan to vote emphatically All of the arts help our students grow emo- I come from Delaware, and we have today, no. tionally, with dedication to task or more and about a million people who live in I yield the floor. more connections with the brain, and per- Delaware, and they are not shy about The PRESIDING OFFICER. The Sen- haps, most importantly, find out how much telling their congressional delegation— ator from Washington. the arts enhance their lives. We need a Sec- Senator COONS, Congresswoman LISA Mrs. MURRAY. Mr. President, I retary of Education who will champion inno- BLUNT ROCHESTER, and me—what they vative strategies that we know how to im- are thinking. We go home just about thank the Senator from Ohio for his prove success for all students, including cre- passionate remarks on this topic. I ating more opportunities and equity for all. every night. They get to tell us a lot of have had the opportunity over most of Betsy DeVos is not that person, and I urge times in person. They also call our of- Friday and over the last 23 hours, to you to vote against her for Secretary of Edu- fice. We have three offices in Delaware. listen to my colleagues come to the cation. They call our office here in Wash- floor and speak passionately about an Those aren’t my words. I didn’t talk ington. They send us emails. We used issue they care about, speaking against to Jennifer Lynn. She wrote to me be- to get a lot of letters, but now mostly DeVos. We heard very little passionate cause she saw this candidate come be- we receive emails, not too many let- speaking for Betsy DeVos, but we fore our committee. She has looked at ters. heard a tremendous amount of passion her record and has said: This is not I have never seen the kind of outcry, against. what our country is about. if you will, from the people of my State

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.172 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE February 7, 2017 CONGRESSIONAL RECORD — SENATE S815 on any nomination. I have been privi- of government under State, local, Fed- rience in public education as a student, leged to serve. This is my 17th year. So eral, is to create a nurturing environ- none as a parent, none as a teacher, we have seen a lot of nominations come ment for job creation, job preservation. none as a school administrator—none. and go, seen a number of Presidents In a family, you have breadwinners, Maybe that alone should not dis- come and go, but I have never seen people earning an income, making a qualify her, but it is concerning. Dur- anything quite like this. way for themselves, for the rest, and ing her confirmation hearing, Mrs. I asked my staff to compile for me, our job is a whole lot easier. DeVos failed to answer the most basic through yesterday, the number of folks One of the keys to that nurturing en- questions relating to education policy, who either called us or emailed or sent vironment is to make sure the young and she demonstrated, not just in my us letters on the nomination of Betsy men and women coming out of our col- view but certainly the views of a lot of DeVos to be Secretary of Education. leges, our high schools, our trade the people who watched and shared As of yesterday, over 3,700 people had schools have the ability to read, to their views with me, that she was un- contacted my office. That may not be a write, to think, to use the technology, qualified, really unprepared for what I lot from Oklahoma. That may not be a and to have a good work ethic and go think is a critical task. lot from California. That is a lot in out and be a good employee for any em- Many of my colleagues who support Delaware. I ask my staff to break ployer who might hire them. Mrs. DeVos point to her experience in down—let us know if we heard from Public education is personal for me. I Michigan, where Mrs. DeVos used her anybody outside of Delaware: over 700. have had this remarkable connection significant wealth and influence appar- Then I said, for the folks who con- to it for my whole life. In our little ently to push an education reform tacted us from Delaware with respect State, I visit schools almost every agenda centered on vouchers, centered to this nomination of Betsy DeVos, week. We have a program called Prin- on for-profit charter schools that deliv- how many were for her? Out of over cipal for a Day. I have been Principal ered questionable outcomes for stu- 3,700—10. I have never seen anything for a Day. It is from the State chamber dents and taxpayers. like that. of commerce. I joke and tell people I Let me just say, I was a Governor So that means there are over 3,700 have been Principal for a Day in about who proposed legislation, signed legis- people in my State who raised their half the schools in Delaware. It is prob- lation creating charter schools. I have voice up against her nomination. Just ably not quite right but probably 30 or been a champion of public charter because the numbers are like 370 to 1 more. I keep running into kids who schools in my State and in our coun- against the nomination, that doesn’t went to high school and say: ‘‘I was try. I have been a champion here in the necessarily mean I should oppose the your principal, did you know that? Congress. I am not a champion of all nomination, but it certainly makes me Only for a day, but it was a good day.’’ these for-profit colleges and univer- stop and think if I had been inclined to I learned a lot from doing that. sities that we have. Some of them are do so. I mentored, for probably a couple of very good; some of them are not. I rise today, not just as a United decades, a bunch of different kids, try- I am concerned with the advent of States Senator, but as a recovering ing to help be a good role model for for-profit charter schools, particularly Governor and a father, one who knows them and give them an extra person to those that are not doing the job, get- the value of public education from per- be able to lean on and to count on. ting the job done and raising student sonal experience. My wife and I grew Just recently, I was over at the achievement for the young men and up—she in North Carolina and me in school a couple of miles from our home women who are students there. West Virginia, a little bit of Ohio, and at Mount Pleasant Elementary, which Leading the Department of Edu- mostly Virginia—we grew up in public has a terrific elementary school in the cation is a very big job. It is a very im- schools. Our sons attended public Brandywine School District in North- portant job. The Secretary of Edu- schools throughout high school, grad- ern Delaware. The Teacher of the Year cation is responsible for overseeing a uated and went off to college, and we there for the State was good enough to budget of some $36 billion for K–12 edu- are proud of what they have accom- let me come by and shadow her for part cation and $150 billion for higher edu- plished. They are 26 and 28 years old of her day and see what a really terrific cation, as well as managing a portfolio today. I am very proud of what they teacher does. During the 8 years I was of more than $1.2 trillion in out- have accomplished. I have a stepson Governor, one of the highlights of standing Federal student loans. from my first marriage. He lives in every year was the day I would host, in I have been fortunate as a Congress- Michigan. He raised a family, four chil- June at the end of the school year. We man, as a Governor, as a Senator, to dren and his wife, and I am very proud have 19 school districts. Each school work with any number of Secretaries of what he accomplished—again, a district picked the Teacher of the Year. of Education in the administration of product of public schools. They have the chance to have lunch— George Herbert Walker Bush, the ad- When I graduated from high school, I the Delaware Teachers of the Year— ministration of Bill Clinton, the ad- was fortunate to win a Navy ROTC and just to focus on their school dis- ministration of George W. Bush, and scholarship and go to Ohio State. I tricts and their schools and their class- the administration of Barack Obama— worked a couple of jobs while I was es, what was working to raise student people like Dick Riley, former Gov- going to school and was able to become achievement and really be inspired by ernor of South Carolina, people like one of the first people in my family all of them. Arne Duncan, who was a great school ever to go to college and to graduate I hear regularly from my constitu- leader in Illinois and for our country as from college. I spent five as a naval ents about the importance of public well. When I think of the giants they flight officer during the Vietnam war. education. In fact, I was out running were and the work they did and how At the end of the war, I came back to late Sunday afternoon, actually into knowledgeable they were, how inspir- the United States and moved to Dela- the dusk. I was going by a Wawa on ing they were, how uplifting they were, ware. There, thanks to the GI bill and Philadelphia Pike, just north of Wil- that is the kind of leader we need. continuing to fly as a Reserve P–3 air- mington. Some guy came by and he They were not just all in Democratic craft mission commander, I was able to rolled down his window. As I ran along, administrations or Democratic and Re- make ends meet and get a graduate de- he said, ‘‘Don’t vote for that Betsy publican administrations. As much as gree in business administration from DeVos.’’ ever, we need that kind of leader today. the University of Delaware. I said, ‘‘Really. Can’t get away from I will conclude by saying that Mrs. The 8 years I was Governor, from 1993 it.’’ DeVos too often lacks experience, just to 2001, I spent a big part of those 8 But I hear it a lot. I hear the message as often has the wrong experience that years focusing on creating a more nur- loud and clear. we should expect from someone to lead turing environment for job creation, Many of our colleges have covered the Department of Education at what job preservation. Our Presiding Officer this nomination at some length. But I is really a critical juncture for our has heard me wax on in our com- think it bears repeating. I would just country. I cannot support her nomina- mittee—more often than he probably say this: Experience matters. Mrs. tion because I am not a convinced that wants to remember—about a major job DeVos has, as far as I can tell, no expe- she is interested in bringing Democrats

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.174 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE S816 CONGRESSIONAL RECORD — SENATE February 7, 2017 and Republicans together on a shared Maryland families know and under- Every Student Succeeds Act was a true vision of improving public education in stand the value of a high quality public success. this country. Reluctantly, I must urge school education. Since 2008, enroll- This was an incredible accomplish- my Democrat and Republican col- ment in our State public schools has ment put together by Senators Alex- leagues to listen to this groundswell of increased by nearly 36,000 students to a ander and Murray. For the first time in voices from across the country and ul- record enrollment of approximately 14 years, Congress reauthorized the El- timately oppose this nomination. 880,000 students for the 2016–2017 school ementary and Secondary Education The PRESIDING OFFICER (Mr. year. Act, legislation that was first enacted FLAKE). The Senator from Maryland. While enrollment has continued to 50 years ago as part of the civil rights Mr. CARDIN. Mr. President, as the increase at a record pace, I am proud era to ensure that all of our children Senate deliberates the nomination of that Maryland public schools have con- are able to attain a high-quality edu- Betsy DeVos to be Secretary of Edu- sistently ranked among the top five cation. cation, I have heard from more than public school systems in the country. That act eliminated the outdated and 4,200 Marylanders who have called my I worry that Mrs. DeVos’s enthusi- ineffective accountability system of office, more than 3,700 Marylanders astic support for private school choice adequately yearly progress and now who have emailed me, and countless programs could hamper the progress in provides States with the flexibility to others who have sent me messages via State and local education in Maryland decide their own accountability system Twitter and Facebook, and, as Senator and could prevent us from providing to identify, monitor, and assist schools CARPER has indicated, those who have the highest quality level of education in need of improvement to best educate just stopped me on the streets and for our public school students. School their students. urged me to oppose her nomination. choice programs that shift Federal We gave local flexibility but main- They have contacted me to express fund dollars from public schools to de- tained accountability. That was a their strong support for public edu- fray tuition at private schools weaken major improvement in the Elementary cation, and they are concerned about the ability of Maryland’s hard-working and Secondary Education Act. The whether Mrs. DeVos is equally com- public school professionals to deliver modifications allow States to move mitted to public schools. I share their college- and career-ready education for away from reliance on a collective set concern. Marylanders and I agree that Maryland’s diverse students. of test scores to measure students’ pro- our children deserve an advocate in Certainly private schools play an im- ficiency. Now, States will be able to de- this position who will work to portant role in our education system. sign accountability systems that take strengthen the ability of public school As Senator CARPER points out, he sup- into account student growth over the educators to serve our children. ports, I support, charter schools within course of a school year. As a proud graduate of the Baltimore our public school system. I support the As Secretary of Education, Mrs. City Public Schools, I understand the role that public schools play. But we DeVos would be tasked with leading transformative powers that quality mustn’t forget that more than 91 per- the Federal implementation and review public school education can provide a cent of American children attend pub- of the State development account- child. The education I received at city lic schools. They and their families de- ability systems. But in a hearing be- schools has allowed me, the grandchild serve a Secretary of Education who fore the committee, she struggled to of immigrants, to represent Maryland will fight to strengthen public as well understand the definition of pro- in the Senate. I owe that to my public as private education. ficiency versus growth and had to have education, my public school education. School choice programs are not one- committee members help her define Maryland has made a commitment to size-fits-all solutions to strengthen those terms. providing adequate funding for public education in the United States. They Maryland educators oppose the high- education over the past decade. Con- leave out students in our rural commu- stake testing requirements under the sequently, Maryland has consistently nities, for instance, and have been previous Federal accountability sys- been a national leader in student per- shown in Maryland for the most part to tem. They deserve a Secretary of Edu- formance and student outcomes. support students who are already en- cation who understands the basic con- Each day, our State’s nearly 880,000 rolled in private schools. cepts of Federal involvement in our students make their way to classrooms I urge our Secretary of Education public schools, so they can effectively of more than 60,000 and thousands of nominee—if she is confirmed—to work advocate for more accurate account- more support personnel and education to provide our public school teachers ability systems that better show stu- leaders in over 1,400 Maryland schools. with the training, tools, and resources dent growth in the classroom. I appreciate the service of Maryland necessary to provide all children with a Mrs. DeVos’s expressed support for educators, not only from the perspec- high-quality education. I was particu- President Trump’s misguided pledge to tive of a lawmaker, a father, and a larly concerned by Mrs. DeVos’s appar- eliminate gun-free schools zones is grandfather but also as a husband of a ent unfamiliarity with critical Federal deeply concerning. Maryland’s families former school teacher. civil rights safeguards for children have made it loud and clear to me that Mrs. DeVos appeared before the Sen- with disabilities, guaranteed under the this approach is wrong and would un- ate Health, Education, Labor, and Pen- 1975 Individuals with Disabilities Edu- necessarily put our students in harm’s sions Committee to articulate her view cation Act, IDEA. way in the very classrooms in which on how to best serve our students as IDEA ensures that every child with they are expected to learn. Since 2000, Secretary of Education. I found several disabilities is afforded a free appro- there have been four school shootings of Mrs. DeVos’s answers to the com- priate public education. Across my across my home State. One shooting in mittee questions to be troubling, par- State, more than 100,000 children re- a school anywhere in our country is too ticularly what appeared to be her tepid ceive federally funded services under many. Each of those incidents is a support for our Nation’s public schools; the IDEA to help them succeed aca- tragedy, and I do not wish to see more her failure to recognize the critical demically. Mrs. DeVos did not seem to students and educators put at risk of Federal civil rights safeguards for chil- know that States must follow this crit- additional tragic incidents of gun vio- dren with disabilities; her inability to ical civil education rights law if they lence by allowing firearms in our class- offer an opinion on longstanding de- accept Federal funding. rooms. bates within the education community Parents across the country advocate Rather than support the Federal pro- that she would be expected to join as for their children on a daily basis, uti- grams developed under the Elementary Secretary of Education; her support for lizing the protections afforded to their and Secondary Education Act to pro- President Trump’s dangerous campaign children under the IDEA. They deserve vide additional funding for school- promise to eliminate gun-free school a Secretary of Education who under- based mental health resources in our zones; and her overall lack of response stands her responsibilities and the Fed- national public schools that can pro- on how to provide students and their eral Government’s responsibilities to vide assistance for those who may com- families with affordable higher edu- children with disabilities. Last year’s mit gun violence at schools, Mrs. cation. enactment of the bipartisan, bicameral DeVos would spend those tax dollars on

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.175 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE February 7, 2017 CONGRESSIONAL RECORD — SENATE S817 school choice programs and open up Mr. SCHATZ. Mr. President, will the Yesterday when I spoke on the floor, our classrooms to potential violence. Senator yield for a question? I discussed a woman in New Hampshire In the coming months, future college Mrs. MURRAY. I yield to the Senator named Roberta who had been in our students and their families will sit at from Hawaii for a question. State school before IDEA was passed their family kitchen tables to apply for Mr. SCHATZ. I thank the ranking and gave accounts of terrible experi- financial aid to pay for college and member of the HELP Committee, the ences there. await the news of their acceptance to senior Senator from Washington. Do you also have concerns with Mrs. the college of their choice. I have You can trace the history of public DeVos’s lack of understanding of the talked to so many Marylanders who education in America to the Original challenges faced by students who expe- are struggling with allowing their chil- Thirteen Colonies. In 1635, boys in Bos- rience disabilities and her lack of com- dren to go to schools of higher edu- ton could get a free education, and by mitment to ensuring that all students cation so that they can be best pre- 1647, the Massachusetts Bay Colony re- have a free and appropriate public edu- pared, but they are looking at the re- quired every town to provide boys a cation? alities of the cost involved in higher basic education. Mrs. MURRAY. Mr. President, I deep- education. This is an exciting time, yet Some 340 years later, our public edu- ly share the concern of the Senator an increasingly anxious time for par- cation system has come a long way, from New Hampshire. She came to the ents and students as the cost of attend- but some things don’t change. Our floor last night to speak eloquently ing college continues to rise. communities still understand how pub- about the challenges that our students Mrs. DeVos needs to demonstrate lic education lays a foundation for suc- with disabilities have and the promise that she is familiar with the process, cess. It is still the great equalizer. that this country has made now for the steps necessary to apply for Fed- Senator MURRAY, during Betsy decades that if you are a student with eral financial student aid, and appre- DeVos’s hearing, you asked a very im- a disability, you will be able to go to a ciates the enormous burden families portant question. You asked: Can you public school and get the education increasingly undertake to gain a foot- commit to us that you will not work to that you need. hold in the middle class through higher privatize public schools or cut a single She spoke eloquently. For everyone education. penny from public education? who didn’t hear her, I ask you to go Mrs. DeVos responded by saying she Mrs. DeVos appears willing to roll back and look at the RECORD and listen back protections for student borrowing would work to find common ground to it. and to allow taxpayer funds to be put and give parents options. Yes, I am deeply concerned that this I am wondering whether you were at risk of failing for-profit schools that nominee whom this President has sent satisfied with her answer and her com- do not provide students with the edu- to us is not committed to that basic mitment to the basic premise of public cational skills necessary to join the premise that, no matter who you are or schools and public education. workforce. At a minimum, I would ex- Mrs. MURRAY. Well, I thank the where you come from or what you look pect her to be an advocate to make Senator from Hawaii for his question. like or if you have a disability, you get sure that Federal funds are not used He is absolutely right. I did ask a public education. But I am not only for these schools that are not being Betsy DeVos, when she came before our concerned that she doesn’t have a com- held accountable for what they do. committee, if she would commit to not mitment. I am deeply concerned that I would like to hear Mrs. DeVos voice privatizing our schools or cutting a she didn’t even understand that it was her support for America’s College single penny from public education, current Federal law. Promise plan to provide academically and she would not do that. She would How can someone be a Secretary of successful students with the ability to not do that. Education in this country and not un- earn the first 2 years of their college To me, that sends a very clear mes- derstand that basic premise and not degree tuition free at a community col- sage, and it did obviously to parents, give that commitment to people across lege. So far I don’t think she has said students, and administrators across the country that, if it is your child or anything. That is the most efficient this country, that she was not com- someone you love or someone you way to try to educate our children. mitted to the core principle of public know, they, too, can go to school and I appreciate Mrs. DeVos’s willingness education, that our tax dollars in this get what they need. to serve, and I believe she is sincere in country always have and should con- So I want to thank the Senator from her beliefs, but I am concerned that tinue to be to make sure that every New Hampshire. And, yes, I am deeply those beliefs, if enacted, would harm student, no matter where they are, will concerned, as we all should be in this the capability of America’s public edu- have the opportunity to participate in body and across the country, that this cation system to serve the vast major- education. Her answer clearly meant nominee is not prepared or qualified to ity of students across the Nation and that she was going to take money from make that basic assurance for all stu- pile on needless costs to students, their our public education system, from our dents in this country. families, and the American taxpayer. schools—big, small, rural, urban, and The PRESIDING OFFICER. The Sen- Therefore, I will stand with Maryland’s suburban—to go to private schools. ator from Minnesota. students, teachers, and parents in op- That would mean a devastation for Ms. KLOBUCHAR. Mr. President, my posing Betsy DeVos for Secretary of many communities. mom was a second grade teacher, and Education. So I thank the Senator from Hawaii she taught second grade until she was With that, Mr. President, I yield the for his question. 70 years old. That was her life’s work. floor. Ms. HASSAN. Mr. President, will the I went to public school, and I sent my The PRESIDING OFFICER. The Sen- Senator yield for a question? daughter to public school. It has really ator from Washington. Mrs. MURRAY. I yield to the Senator been the core of how I ended up in the Mrs. MURRAY. Mr. President, I have from New Hampshire. Senate. had the opportunity over the last al- Ms. HASSAN. Thank you very much. After a close review of Mrs. DeVos’s most 24 hours now to hear from a wide Senator MURRAY, I have been very confirmation record and the hearing, I swath of our Democratic conference concerned, as you know, with Mrs. have concluded that, like all of my col- speak out against the nomination be- DeVos’s lack of understanding of issues leagues on the Democratic side and two cause they feel so strongly that in this facing students with disabilities. My of our colleagues on the Republican country public education is a core prin- son Ben’s experience in public edu- side, I cannot support her. I don’t be- ciple. I know a number of my col- cation was made possible because there lieve she is prepared for this job, and I leagues will be participating with me were so many families and advocates don’t believe she is committed to the in these last few minutes, but I want to who came before my family to make kind of public education that got my thank, again, everyone who has writ- his inclusion possible. family from an iron ore mine in North- ten, who has called in, who has ex- Before IDEA, students who experi- ern Minnesota to the U.S. Senate. pressed their opinion on this critical enced disabilities in an institutional My question of Senator MURRAY is nominee that this President tapped to setting often didn’t get an education at that one of the most troubling exam- oversee education policy. all and were often mistreated. ples of this lack of preparation came

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.177 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE S818 CONGRESSIONAL RECORD — SENATE February 7, 2017 when Mrs. DeVos was questioned by my nominee, who knows nothing or very plore my colleagues who understand colleagues Senator HASSAN, who just little about IDEA—not even that it is a that rural America is where their base spoke, and Senator KAINE about wheth- Federal law that is under the jurisdic- is in large part that they are er schools should meet the standards tion of the Department that she is misreading this vote if they think that outlined by the Individuals with Dis- seeking and that she would oversee and rural America is going to forget that abilities Education Act. She said she protect those students. That, to me, is this woman wants to rob the public would leave this decision to the States. deeply disappointing. It says to me schools of rural America and put in pri- As I noted yesterday, I occupied the that this President should say: I don’t vate schools in the cities, which they Senate seat once held by Minnesota’s want this nominee to go forward. I will will never be able to attend. own Hubert Humphrey. He was some- send you someone who understands I thank the Senator. one who, of course, was never at a loss this law. Mrs. MURRAY. I thank the Senator for words. I appreciate the question from the for her question. I just want to say He delivered a speech at the Min- Senator from Minnesota. that she is absolutely right. The money nesota AFL–CIO 40 years ago, and one Mrs. MCCASKILL. Mr. President, is not magic. It doesn’t just get printed line of that speech is just as appro- will the Senator yield for a question? to give vouchers to schools. It comes priate today as it was back then. He Mrs. MURRAY. I yield for a question. from our public schools. As she stated said: ‘‘The moral test of government is Mrs. MCCASKILL. I say to the Sen- so eloquently, there are many how the government treats those who ator, it is my understanding that the schools—some in rural areas, some in are in the dawn of life, the children; essence of Mrs. DeVos’s career has been urban areas, or mostly in rural, and those who are in the twilight of life, an effort to impose on States pro- there is no private school to send your the elderly; and those who are in the grams—and now a Federal Government kids to. That voucher money, that pub- shadows of life, the sick, the needy and program—that will take money out of lic money, those taxpayer dollars will the handicapped.’’ public schools to provide for parents come away from those schools. They These civil rights protections and the and students to then go to private will have less money, but it won’t go to funding that we have seen under IDEA schools. Is it a fair characterization of the advantage of those students, and have always been an area of bipartisan the essence of her career that parents they will be left behind. cooperation. I have heard from so should have a choice with public Ms. STABENOW. Mr. President, will many parents in my State. money to decide whether they want to the distinguished Senator yield for a A mom from Watertown with a son attend a public school or a private question? who was born with Down syndrome school? Mrs. MURRAY. I yield for a question. says that thanks to IDEA, this law has Mrs. MURRAY. The Senator is cor- Ms. STABENOW. Thank you very given her the opportunity for her son rect. The essence of what she has pro- much. Before asking my question, I to participate in a normal education. moted and used her vast wealth for and want to thank the senior Senator from For a woman from Lakeville, her son has worked for throughout her experi- Washington State for her leadership was born with developmental disabil- ence is to take money away from pub- and passion on behalf of my children ities in the late 1980s. She was so wor- and on behalf of myself. As a product of ried about what his future would be. lic education and put it into private a small rural school in Northern Michi- Then that law was put into place, and schools. Mrs. MCCASKILL. So I am confused. gan, my two children went to public today he is a successful young adult We just had an election. In my State, school, and my two grandchildren are who happily lives, learns, and works in the reddest parts of my State are parts now going to public schools. his community. of the State where there are no private I want to thank you for your leader- So my question of Senator MURRAY is what her views are of the nominee’s schools—rural Missouri. I am a daugh- ship, and I am so grateful to all of our qualifications when it comes to the In- ter of rural Missouri. My father went colleagues and our two Republican col- dividuals with Disabilities Education to public school in Houston, MO. My leagues who are joining us today. Act and the concern that she has heard mother went to public school in Leb- Would you agree that when we look from others in her State as well as anon, MO. I attended public school in at this—and I certainly have a bird’s- across the country when it comes to Lebanon, MO, and Columbia, MO. In eye view. We in Michigan have lived this very important issue for our chil- fact, I am a product of public education what has happened in cutting public dren. from beginning to end. Both of my par- schools and moving dollars to private, The PRESIDING OFFICER. The Sen- ents went to the University of Mis- for-profit, nonprofit charters without ator from Washington. souri, and so did I. virtually any accountability. Would Mrs. MURRAY. Mr. President, I want In rural areas of this country, there you agree that essentially we have a to thank the Senator from Minnesota, are no private schools for parents and nominee who is looking through a lens who came the other night to talk pas- kids to choose. They would have to of a private sector for-profit model, sionately about her own mother, who drive miles. By the way, in my State, where in the private sector we have was a teacher and her favorite course the newly elected Governor just cut winners and losers, so you can have a to teach was about the monarch but- transportation funds for public business open and close. That is based terfly and how she would come dressed schools—just cut them. So they now on our private marketplace. It works up as a butterfly and how she impacted have less money for transportation well, but in education it is different. a young student in her classroom who than they had last year. And, by the We can’t afford for any of our children is now a young adult and still remem- way, it isn’t like public schools are get- to be losers in education, and it just bers the learning experience that her ting fully funded in my State. They are doesn’t work to have this competitive mother, as a teacher, gave to him. not. marketplace; that what we need is a That spark is so important for every So I guess what I am confused quality public school along with public child in this country—that spark for about—I know what public schools choices. I support public charters with education—no matter who you are, mean to rural Missouri. I know they accountability and other choices, but your disability, or what brings you to are the essence of the community. If what we have is a view of a nominee, school that day. That is what is so im- the essence of this woman’s career is to someone who has not been involved in portant about the term ‘‘public edu- take money out of public schools in public schools herself, or her children, cation.’’ Every child in this country de- rural communities and put them in pri- and so on, who comes at it from this serves a public education and to reach vate schools that will never exist in perspective of winners and losers in the their full potential, no matter what many of these small communities, they private market, and we cannot afford they look like, how they come to are kicking the shins of the very voters any child to be a loser as it relates to school that day, whether they have who put them in power. their education. been fed or have a disability. That I don’t get that. I don’t get that, Sen- Mrs. MURRAY. Well, I want to thank spark is what is so important. ator. I don’t understand how you could the Senator from Michigan for that That is why so many people have spo- give the back of your hand to rural question because it is at the heart of ken out in this country about this America with this decision. I would im- what this entire debate is about. We

VerDate Sep 11 2014 06:22 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.179 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE February 7, 2017 CONGRESSIONAL RECORD — SENATE S819 have a nominee who has come forward charter schools than just about any other Mr. MERKLEY. I thank the Senator who is quite successful in private busi- State. It lacks any effective mechanism for from Washington for her answer. So ness—a billionaire herself—whose idea shutting down or even improving failing often I have heard speeches about ac- and vision for our Nation’s education charters. countability from across the aisle. This comes from a private business perspec- He goes on to say: is a case where accountability matters tive. We are a laughingstock in national edu- a tremendous amount because it deter- The Senator from Michigan is abso- cation circles and a pariah among reputable mines whether our children have a fair lutely right. Our schools are not about charter school operators who have not shot at driving America. So I thank profits. They are not profit centers, opened schools in Detroit because of the wild the Senator from Washington for eluci- west nature of the educational landscape and we can never run them that way here. dating us in regard to that issue. because there is a core principle that Mrs. MURRAY. Mr. President, we this country was founded on that our Do you share the concern about the have a number of Senators who have forefathers very wisely thought of. complete lack of accountability of been on the floor who are here now and They wanted to make sure that every these for-profit schools that are pulling who would like to speak, and I ask young person in this country, no mat- the funds out of our public schools in unanimous consent that I continue this ter who they were and how much Michigan? dialogue with Senators until a quarter money they had, would get a public Mrs. MURRAY. Let me thank the to 12, and the last 15 minutes be equal- education. Senator from Oregon for his question ly divided between the chairman of the You can’t run that as a for-profit because he raises a very important committee and myself. business because there are kids who point. No one is debating whether we The PRESIDING OFFICER. Is there come to our schools who are very hard. want our kids to have a choice. The de- objection? Maybe they come without having had a bate here is about whether or not those Mr. ALEXANDER. Reserving the parent home the night before, they schools that take taxpayer dollars right to object. come hungry, they come with disabil- through a voucher system are account- The PRESIDING OFFICER. The Sen- ities, they come with challenging edu- able to the taxpayers who are paying ator from Tennessee. cation experiences. We can’t throw for those vouchers. Mr. ALEXANDER. That would mean those kids out because there are other This nominee came before our com- the chairman of the committee would kids who come with parents who are mittee and very clearly stated that she speak last. very active and are really bright and would not equally hold accountable Mrs. MURRAY. Mr. President, let me we want to keep them because they are private schools. Now, I was a former revise my request. I ask unanimous better for profit. We have to run our school board member, and I can tell consent that we continue to have this public education schools so every child you, I was there late many nights lis- conversation until a quarter to 12 p.m.; has that opportunity because who tening to parents who stood before us that at a quarter to 12, I will give my knows who that young child is going to and talked about the fact that they final remarks and divide equally the be who takes that nugget of public edu- wanted to make sure that their school last 15 minutes so the chairman of the cation and ends up sitting here in the had good teachers or their school had committee has the last 71⁄2 minutes. U.S. Senate. That is the foundation of good policies, and we were accountable Mr. ALEXANDER. I have no objec- our country. to that because we were an elected tion. I really appreciate the Senator from board, and we had to make decisions The PRESIDING OFFICER. Without Michigan for raising that because that based on what our constituents objection, it is so ordered. is the core essence of why so many peo- thought was important. Ms. DUCKWORTH. Will the Senator ple have spoken out against this nomi- These are our constituents who are yield for a question? nee, who stood up and have written us paying their tax dollars to this coun- Mrs. MURRAY. I will yield to the letters and made phone calls and stood try, and they want to know that their Senator from Illinois. at rallies and spoken out—many people taxes are used accountably. Yet we Ms. DUCKWORTH. I do not believe who have never spoken out on issues have a nominee before us at the De- that the President nominated the best before who have never really paid at- partment of Education who has said candidate to serve as Secretary of Edu- tention before, but this is about the she wants to take those taxpayer dol- cation. I don’t believe he even nomi- core principles our country was found- lars—your money—and send it on to nated a qualified candidate. Mrs. ed on, a public education for all—not a private schools with no accountability. DeVos has never taught, never worked profit education for all but a public What does that mean? That could mean in a school system, and has no edu- education for all. that those private schools don’t nec- cational degree in education policy. Mr. MERKLEY. Mr. President, will essarily have to provide a strong cur- I was hoping that she would ease my the Senator from Washington yield for riculum in specific topics. It means concerns over her qualifications at the a question? they can let kids out of school and say: confirmation hearing and prove that Mrs. MURRAY. I will yield to the We don’t want to keep you here any- she was indeed up for the job, but, in- Senator from Oregon. more. You are too tough to teach. stead, Mrs. DeVos failed to study, Mr. MERKLEY. I appreciate your It can say that they will not keep showed up unprepared, and appeared point and the belief that the son or records of dropout rates so we know unfamiliar with the foundational civil daughter of a millwright, a mill worker whether or not they are encouraging rights law that guarantees every stu- as I was, should have the same oppor- these tough kids to go to another dent, including those with disabilities, tunity as the son or daughter of a CEO school. They can actually deny access the right to a quality equitable edu- in a big company. That is embedded in to students with disabilities or who cation. the notion of quality public schools. come from tough backgrounds who I would not be here today were it not What I was really struck by was that may not meet their standards, and for strong public schools and civil DeVos wants to divert all these public they will not be held accountable under rights protections. Confirming her to funds from our schools to for-profit the policies that Ms. DeVos proposes. lead the agency tasked with educating schools, and if it is for-profit, you So the Senator raises an absolutely our children and helping them develop squeeze down the services in the school critical question. At the end of the day, into successful adults would be a mis- to maximize the profit, and that is just each elected official in this country is take for our children because they exactly the type of attack on our chil- held accountable to their taxpayers to would have to pay for and live with dren that we can’t tolerate, but I was assure that the money they give out in this mistake for decades to come. also struck about how she imposes the their taxes is used in a way that our There is simply no way that I can sup- accountability for these alternative country agrees on, and this Secretary port her nomination. schools. The columnist Stephen Hen- of Education says: Nope. We want to I ask the Senator, how is it possible derson of the Detroit Free Press said: change that. We want your tax dollars that we could have a Secretary of Edu- Largely as a result of DeVos’s lobby, to go to schools that are not account- cation who does not understand or even Michigan tolerates more low-performing able to you. know about those Federal protections

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.181 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE S820 CONGRESSIONAL RECORD — SENATE February 7, 2017 for students with disabilities to have how education is a great equalizer. I nominee through the Senate. They cut access to equitable and fair education? speak from experience as an immigrant corners and rushed into a hearing be- Mrs. MURRAY. I want to thank the coming to this country not speaking fore her ethics paperwork was in. They Senator from Illinois, who is an amaz- any English, and I learned from the blocked Democrats from asking more ing new and great Member of our Sen- public schools and the committed than 5 minutes of questions, forcing a ate. She comes from Illinois. She teachers in public schools how to read vote before all of our questions were comes from an incredible background and write English, to develop my love answered about her tangled finances and is asking a critical question about of reading, to count on an education and her potential conflicts of interest, whether our students with disabilities system to prepare me for success, not and rushed straight from the com- should have access to education. only in school but in life. mittee vote to the shortest possible It is a passion many of us have feel- That is why I want to also ask my floor debate they could manage. ings about, it is a principle that our colleague from Washington State, for So I won’t spend more time on that country has supported, and it is a prin- the nearly 200,000 young people in Ha- today because the truth is that despite ciple that this nominee is uniquely waii who attend our public schools and Republicans’ best efforts, people across unknowledgeable about and, to me, obviously the millions of young people the country have learned a whole lot that is reason enough for any of us to in our public schools throughout the about Betsy DeVos over the past few vote against that nominee. country, Do you think Betsy DeVos is weeks, and the more they have learned Mr. FRANKEN. Will Senator MURRAY the best we can do for these people who about her, the less they have liked and yield for a question? are attending our public schools? the more outraged they have become. Mrs. MURRAY. I will yield to the Mrs. MURRAY. I thank the Senator Over the past few weeks, people have Senator from Minnesota for a question. from Hawaii, and I think that is the learned about Betsy DeVos’s tangled fi- Mr. FRANKEN. Thank you. As Sen- question all of us should be posing to nances and potential conflicts of inter- ators on opposite sides of the aisle, we ourselves as we get down to the final est and how she and her family have have philosophical differences, but one few minutes. Is this the best of the given hundreds of millions of dollars to thing I think we all agree on is that best? Republicans and extreme conservative our Cabinet Secretaries must be quali- Is this a knowledgeable candidate groups. They have learned about her fied and up to the challenge of running who understands the Federal law? failed record, how she spent her career an agency. Is this a candidate who comes to us and her inherited fortune pushing anti- Betsy DeVos has demonstrated that without conflicts of interest? public school policies that have hurt so she is not qualified to run the Edu- Is this a candidate who is willing to many students in her home State of cation Department. I would say to my stand up and be the defender of all Michigan and across the country. They colleagues on the other side of the young children in schools? have learned about the extreme right- aisle, if you watched her confirmation To me and to many of my colleagues wing ideology that drives her, how she hearing, you would know that. It was who have been out here speaking, she wants to bring her anti-government, the most embarrassing confirmation is not. free-market-above-all philosophy to an hearing I have ever seen. She could not I want to thank all of my great col- education system that she has called answer the most basic questions about leagues who have been out here speak- nothing more than ‘‘an industry, and a education. So I ask my Republican col- ing from their heart about a passion dead end.’’ leagues, if Mrs. DeVos’s performance in that they have in this country for a this hearing didn’t convince you that candidate to lead the Department of When people saw her in her hearing, she lacks qualifications for this job, Education who is qualified, who is pre- they learned even more. When they what would have had to have happened pared, who is ready to stand up and watched Betsy DeVos in that hearing in that hearing in order to convince fight for every child no matter where room, when they saw it live on the you? they live or where they come from. evening news, on ‘‘The Daily Show,’’ on If we cannot set aside party loyalty With that, Mr. President, I believe we ‘‘The View,’’ and on many other shows long enough to perform the essential are down to the last 15 minutes before covering it, and one of the many clips duty of vetting the President’s nomi- the vote, with the time equally divided. that went viral on social media or nees, what are we even doing here? The PRESIDING OFFICER. That is shared by a friend or a family member, Let’s do our job for the sake of the correct. a whole lot of people were introduced children and for the sake of our Na- Mrs. MURRAY. Mr. President, as I to Betsy DeVos for that first time in tion’s future. Thank you. noted, Democrats have been here on that hearing, and they were not im- Mrs. MURRAY. I say thank you to the Senate floor for the past 24 hours pressed. People across the country saw the Senator from Minnesota, and I straight, talking about the importance a nominee who was clearly ill-informed want to thank him for being a com- of public education, sharing stories and confused, who gave a number of mitted part of our committee, really from parents and students and teachers very concerning responses to serious helping us all recognize that this nomi- in our home States, highlighting all of and reasonable questions. nee is not qualified. the reasons for Senators to stand with In that hearing, Betsy DeVos refused I see the Senator from Hawaii who us and stand with their constituents, to rule out slashing investments in or has, I believe, the last question. stand with other Republicans who are privatizing public schools. She was The PRESIDING OFFICER. The Sen- doing the right thing, and urging them confused that Federal law provides pro- ator from Hawaii. to say no to Betsy DeVos and her plans tections for students with disabilities. Ms. HIRONO. Will the Senator from to privatize public school and destroy She didn’t understand a basic issue in Washington yield for a question? public education in America. education policy—the debate sur- Mrs. MURRAY. I will yield to the But I come to the floor today to rounding whether students should be Senator from Hawaii. make one final push before this vote, measured based on their proficiency or Ms. HIRONO. As we have spent many to make the case one last time, be- their growth. She argued that guns hours debating whether Mrs. DeVos is cause we are so, so close and because needed to be allowed in schools across the best person to head our Depart- this is so important and also because the county to ‘‘protect from Grizzlies.’’ ment of Education, my question is, Do we have a real shot right now to show And even though she was willing to say you think Betsy DeVos is the best pre- people across the country that the Sen- that President Trump’s behavior to- pared, the best experienced, and the ate can actually listen to them, that ward women should be considered sex- best committed person to lead as the their voices matter, and that their ual assault, she would not commit to Secretary of the Department of Edu- Senators put them and their kids and actually enforcing Federal law pro- cation? their families and their futures above tecting women and girls in our schools. With your indulgence, I would like to loyalty to a party or a President. Those were just a few of the moments put this into a little bit of a context I have talked about my frustration in that hearing that made it clear why because we talk about how with the fact that Republican leaders Betsy DeVos is not qualified to do this foundational public schools are and did everything they could to jam this job. There were many more.

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.182 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE February 7, 2017 CONGRESSIONAL RECORD — SENATE S821 What people saw in that hearing The PRESIDING OFFICER. The zona State Sen. Debbie Lesko, President Pro wasn’t just a nominee who didn’t un- Chair will so advise. Tem; Arizona State Sen. Sylvia Allen, Edu- derstand the issues; they saw a nomi- Mr. ALEXANDER. Mr. President, I cation Committee Chair; Arizona State Rep. J.D. Mesnard, Speaker of the House; Arizona nee for Secretary of Education who am voting for Betsy DeVos because she State Rep. John Allen, Majority Leader; Ari- clearly didn’t think about public edu- will implement our law fixing No Child zona State Rep. Kelly Townsend, Majority cation and public schools the way they Left Behind the way we wrote it—to re- Whip; Arizona State Rep. T.J. Shope, Speak- do. For most people, public education verse the trend to a national school er Pro Tem; Arizona State Rep. Don Shooter, hits really close to home. It is part of board and restore control to classroom Appropriations Chair; Arizona State Rep. who we are, our families, and our com- teachers, to local school boards, to Paul Boyer, Education Committee Chair; Ar- munities. So many of us owe every- Governors, and legislators—because izona State Rep. Tony Rivero; Arkansas Sec- retary of State Mark Martin; Associated thing we have to public education. We she has been at the forefront of the Builders and Contractors (ABC); Association have watched our kids and our most important public school reform in of Big Ten Students, Former Director Adi grandkids and our neighbors get on the the last 30 years—public charter Sathi; Association of Christian Schools bus to go to their local public school. schools—and because she has worked International; Association of the United Many of us have taught in public tirelessly to give low-income children States Army; Attorney General Patrick schools or have family or friends who more of the same kind of choices that Morrisey, West Virginia; Attorney General Leslie Rutledge, Arkansas. walk into classrooms every single day wealthy families have. Attorney General Bill Schuettee, Michi- to help our students learn. And so Twenty-two Governors in this coun- gan; Attorney General Alan Wilson, South many of us believe in a commitment to try support Betsy DeVos. Carolina; Ave Maria University Associate strong public schools that offer an edu- I ask unanimous consent to have Professor Michael New; Barry Beverage, cation and opportunity to every stu- printed in the RECORD their names, in- Teacher, Fayetteville Christian School; dent. It is a core part of the American cluding former Governor Jeb Bush, First Lady Barbara Bush; Barbara Bush former Governor Mitt Romney, former Foundation for Family Literacy; The BASIC promise. Fund; Secretary of Education William Ben- So when we saw someone nominated Governor John Engler, and 462 organi- net; Black Alliance for Educational Options; to this position who knows so little zations and elected officials who sup- Bowdoin College Professor Jean Yarbrough; about public education, who so clearly port Betsy DeVos for Education Sec- Business Council of Alabama; California cares so little about public education, retary. State Sen. Jean Fuller, Senate Republican whose strongest connection to public There being no objection, the mate- Leader; Calvin College President Emeritus schools is through her dedication to rial was ordered to be printed in the Gaylen Byker; Mark Campbell, United States Naval Academy; CarolinaCAN; Catho- RECORD, as follows: tearing them down, that struck a real lic Partnership Schools, Camden, NJ; Career chord with a whole lot of people, and HIGHLIGHTS AMONG DEVOS SUPPORTERS Education Colleges and Universities (CECU); they decided to make their voices THESE INDIVIDUALS HAVE WRITTEN LETTERS, Center for Arizona Policy; Center for Edu- heard. OP-EDS, OR ANNOUNCED PUBLIC SUPPORT cation Reform; Charter Schools USA; Kevin Over the past two weeks, we have 22 State Governors, including: P. Chavous; Former Member, Council of the seen an unprecedented level of engage- Gov. Robert Bentley, Alabama; Gov. Doug District of Columbia; Vice President Dick ment from people on this nomination— Ducey, Arizona; Gov. Asa Hutchinson, Ar- Cheney; Lynne Cheney; Children’s Education tens of thousands of calls, thousands of kansas; Gov. Rick Scott, Florida; Gov. Bruce Alliance of Missouri (CEAM); Children’s Scholarship Fund, Chair Mike McCurry; letters, hundreds of people calling in, Rauner, Illinois; Gov. Eric Holcomb, Indiana; Gov. Sam Brownback, Kansas; Gov. Matthew Children’s Scholarship Fund—Baltimore; social media, and many of them have Bevin, Kentucky; Gov. Paul LePage, Maine; Children’s Scholarship Fund—Buffalo never been involved or made their Gov. Rick Snyder, Michigan; Gov. Phil Bry- (BISON); Children’s Scholarship Fund—Char- voices heard before. It made a dif- ant, Mississippi; Gov. Eric Greitens, Mis- lotte; Children’s Scholarship Fund—Phila- ference. Right now, every single Demo- souri; Gov. Doug Burgum, North Dakota; delphia; Children’s Scholarship Fund—Port- crat is opposing this nomination, and Gov. Pete Ricketts, Nebraska; Gov. Brian land OR; Civitas—North Carolina; Collabo- two Republicans who listened to their Sandoval, Nevada; Gov. Chris Christie, New rative for Student Success; Colorado State Jersey; Gov. Susana Martinez, New Mexico; Board of Education Member Steve Durham; constituents are joining us. So we are Colorado State Board of Education Member dead even—the first time in history Gov. John Kasich, Ohio; Gov. Mary Fallin, Oklahoma; Gov. Bill Haslam, Tennessee; Pam Mazanec; Colorado State Rep. Paul that the Vice President will be called Gov. Greg Abbott, Texas; Gov. Scott Walker, Lundeen. on shortly to cast a tie-breaking vote Wisconsin. Colorado State Rep. Clarice Navarro; Colo- on a Cabinet nominee. We just need one Former Governors: rado State Rep. Libby Szabo (Former), Jef- more Republican to join us to prevent Jeb Bush, Mitt Romney, John Engler. ferson County Commissioner; Colorado State that from happening, one more to help 4 Former Education Secretaries: Sen. Kevin Grantham, Senate President; Col- William Bennett, Rod Paige, Margaret orado State Sen. Owen Hill; Colorado State us show the people across this country Sen. Jerry Sonnenberg, Senate President Pro that their voice matters in this debate, Spellings, Lamar Alexander. Former Senators: Tem; Connecticut State Sen. Michael one more to stand with people across Joe Lieberman and Bill Frist. McLachlan, Deputy Senate Republican; Con- the country and say no. Democrats including: necticut State Rep. Vincent Candelora; Cor- So I am here to finish this debate Eva Moskowitz, founder and CEO of Suc- nell Law School Professor William Jacobson; where we started—standing with stu- cess Academy Charter Schools; Anthony Wil- Cornerstone University, President Joseph dents and parents and teachers, with liams, former Mayor of Washington, DC. Stowell; Delaware State Sen. Gary Simpson, Senate Republican Leader; Delaware State the people of my home State of Wash- 462 ORGANIZATIONS, ELECTED OFFICIALS Sen. Greg Lavelle, Senate Republican Whip; ington and across the country who Delaware State Sen. Anthony Delcollo; Dela- NATIONAL SUPPORT FOR THE NOMINATION OF strongly support public schools and ware State Sen. Ernie Lopez; Delaware State BETSY DEVOS TO BE U.S. SECRETARY OF EDU- true education opportunity for all, and Sen. Brian Pettyjohn; Ed Choice; Educate CATION with Democrats and Republicans Nebraska; Education for a Brighter Future; 50 CAN—50 State Campaign for Achieve- Empower Mississippi; Ferris State Univer- across the country who have poured ment Now; ACE Scholarships; Agudath Israel their heart and soul into opposing this sity, President David Eisler; Florida Charter of America; Air Force Association; Alabama School Alliance; Florida Coalition of School nominee. I stand with you. Federation for Children; Alabama Secretary Board Members; Florida Commissioner of I urge one more Republican to join of State John H. Merrill; Alabama State Sen. Agriculture Adam Putnam; Florida State us. Del Marsh, President Pro Tem; Alaska Rep. Chief Financial Officer Jeff Atwater; Florida Thank you, Mr. President. Charisse Millett, House Republican Leader; State Rep. Michael Bileca; Florida State I yield the floor. American Federation for Children; American Rep. Manny Diaz, Jr.; Florida State Rep. The PRESIDING OFFICER. The Sen- Association of Christian Schools; Americans Richard Corcoran, Speaker of the House; ator from Tennessee. for Prosperity; Americans for Prosperity— Florida State Rep. Jose Oliva, Speaker- Mr. ALEXANDER. Mr. President, Arizona; Americans for Tax Reform; Arizona Elect; Florida State Rep. Jose Felix Diaz; will you please let me know when 4 Chamber of Commerce; Arizona Charter Focus on Family. Schools Association; Arizona Federation for Foundation for Excellence in Education; minutes has expired and then when 5 Children; Arizona State Sen. Steven Foundation for Florida’s Future; Friends of minutes has expired, and then I will al- Yarbrough, President; Arizona State Sen. Betsy DeVos, Ed Patru; Former Senate Ma- locate to the Senator from South Caro- Kimberly Yee, Majority Leader; Arizona jority Leader Bill Frist; Tim Forti; Prin- lina the last 21⁄2 minutes. State Sen. Gail Griffin, Majority Whip; Ari- cipal, St. Mary’s-ST. Alphonsus Catholic

VerDate Sep 11 2014 06:22 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.184 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE S822 CONGRESSIONAL RECORD — SENATE February 7, 2017 School; George Washington University, Pro- Todd Lamb, Oklahoma; Lt. Gov. Rebecca Sen. Don Gustason; Nevada State Sen. Scott fessor Henry Nau; Georgia Charter Schools Klefisch, Wisconsin; MacIver Institute; Hammond; Nevada State Sen. Joe Hardy; Ne- Association; Georgia Secretary of State Mackinac Center for Public Policy; Macomb vada State Sen. Michael Roberson, Senate Brian Kemp; Georgia State Rep. Buzz County Commissioner Leon Drolet, Macomb, Republican Leader; New Hampshire State Brockway; Georgia State Rep. Wes Cantrell; MI; Maggie’s List. Rep. Victoria Sullivan, Member of Com- Georgia State Rep. David Clark; Georgia Maine State Sen. Michael Thibodeau, Sen- mittee on Education; New Hampshire State State Sen. David Shafer, President Pro Tem; ate President; Maine State Sen. Andre Cush- Sen. Andy Sanborn; New Jersey State Rep. Georgia State Rep. B.J. Pak (Former); Geor- ing, Senate Assistant Majority Leader; Sen Tom Kean, Senate Republican Leader; gia State Rep. Ed Setzler; Georgia State Maryland State Sen. Stephen Hershey, Jr.; New Jersey Tri-County Scholarship Fund; Rep. Valencia Stovall; Kathy Lee Gifford; Maryland State Sen. Michael Hough; Mary- New Mexico State Rep. Alonzo Baldonado, Gov. Robert Bentley, Alabama; Gov. Douglas land House Rep. Nic Kipke, House Repub- House Republican Whip; New Mexico State Ducey, Arizona; Gov. Assa Hutchison, Ar- lican Leader; Maryland House Rep. Kathy Rep. Nate Gentry, House Republican Leader; kansas; Gov. Rick Scott, Florida; Gov. Jeb Szeliga; Massachusetts House Rep. Keiko M. New Mexico State Rep. Monica Youngblood; Bush, Former Governor of Florida; Gov. Ed- Orrall; Metropolitan Milwaukee Association New York State Catholic Conference; New ward Baza Calvo, Guam; Gov. Bruce Rauner, of Commerce; Metropolitan State Univer- York State Sen. John Flanaga, Senate Ma- Illinois; Gov. Eric Holcomb, Indiana; Gov. sity—Denver, Professor Kishore Kulkarni; jority Leader; North Carolina Association of Sam Brownback, Kansas; Gov. Matthew Michigan Association of Non-Public Schools; Public Charter Schools; North Carolina Bevin, Kentucky; Gov. Paul LePage, Maine; Michigan Association of Public School Acad- State Rep. Pat McElraft, Deputy Majority Gov. Rick Snyder, Michigan; Gov. Phil Bry- emies; Michigan Chamber of Commerce; Whip; North Carolina State Sen. John Alex- ant, Mississippi; Gov. Eric Greitens, Mis- Michigan Catholic Conference; Michigan ander; North Carolina State Sen. Deanna souri; Gov. Doug Burgman, North Dakota; Council of Charter School Authorizers; Ballard; North Carolina State Sen. Chad Gov. Pete Ricketts, Nebraska. Gov. Brian Michigan Republican National Committee Barefoot, Co-Chair for Committee on Edu- Sandoval, Nevada; Gov. Chris Christie, New (RNC) Member, Kathy Berden; Michigan Re- cation; North Carolina State Sen. Phil Jersey; Gov. Susana Martinez, New Mexico; publican State Committee Member, Beverly Berger, President Pro Tem; North Carolina Gov. Ralph Torres, N. Mariana Islands. Bodem; Michigan Republican Party, Former State Sen. Harry Brown, Majority Leader; Gov. John Kasich, Ohio; Gov. Mary Fallin, Chair Suzy Avery; Michigan Secretary of North Carolina State Sen. Bill Cook; North Oklahoma; Gov. Bill Haslam, Tennessee; State Ruth Johnson; Michigan State Board Carolina State Sen. David Curtis, Co-Chair Gov. Greg Abbot, Texas; Gov. Scott Walker, of Education Co-President Dr. Richard Zeile; for Committee on Education; North Carolina Wisconsin; Great Lakes Education Project; Michigan State Board of Education Member, State Sen. Cathy Dunn; North Carolina Eileen Lappin Weiser; Michigan State Rep. Grand Rapids Area Chamber of Commerce; State Sen. Kathy Harrington; North Caro- Laura Cox; Michigan State Rep. Daniela Grand Rapids City Commissioner Dave lina State Sen. Brent Jackson; North Caro- Garcia, Assistant Majority Floor Leader; Schaffer; Grand Rapids Public Schools Su- lina State Sen. Joyce Krawiec, Member, Michigan State Rep. Brandt Iden; Michigan perintendent Teresa Weatherall Neal; Great Committee on Education; North Carolina State Rep. Klint Kesto; Michigan State Rep. Schools for All Children; Jim Griffin, Char- State Sen. Michael Lee, Co-Chair, for Com- Tom Leonard, Speaker of the House; Michi- ter school advocate; Debbie Groves, Teacher, mittee on Education; North Carolina State gan State Rep. Aric Nesbitt (Former); Michi- Stonewall Jackson High School; Hawaii Sen. Wesley Meredith, Majority Whip; North gan State Rep. Amanda Price, Education State Rep. Gene Ward; Frederick Hess, Di- Carolina State Sen. Paul Newton; North Committee Chair; Michigan State Rep. Mary rector of Education Policy Studies, Amer- Whiteford; Michigan State Rep. Ken Yon- Carolina State Sen. Ronald Rabin; North ican Enterprise Institute; Hillsdale College, kers; Michigan State Sen. Mike Green; Carolina State Sen. Bill Rabon; North Caro- President Larry Arnn; Hispanic CREA; His- Michigan State Sen. Peter MacGregor; lina State Sen. Norman Sanderson; North panics for School Choice; Mark Hoduski, Michigan State Sen. Michelle McManus Carolina State Sen. Tommy Tucker. Teacher, Maranatha Academy; Home School North Dakota State Rep. AL Carlson, (Former); Michigan State Sen. Arlan House Majority Leader; Northeast Charter Legal Defense Association; Hope College, Meekhof, Senate Majority Leader; Michigan Schools Network; Northwest Ohio Scholar- President Dr. John Knapp; Hope College, State Sen. Mike Shirkey; Michigan State Trustee Lisa Granger; Idaho Charter School Sen. Jim Stamas; Michigan State Sen. Phil ship Fund; Ohio State Rep. Niraj Antani; Network; Idaho State Rep. Scott Bedke, Pavlov. Ohio State Rep. Keith Faber; Ohio State Speaker of the House; Illinois State Rep. Michigan State University Board of Trust- Rep. Cliff Rosenberger, Speaker of the John Cabello; Independence Institute; Inde- ees, Chairperson Brian Breslin; Michigan House; Oklahoma State Rep. Ryan Martinez; pendent Women’s Voice; Indiana State Rep. State University Board of Trustees, Trustee Oklahoma State Rep. T.W. Shannon, Former Robert Behning; Indiana State Rep. Brian Melanie Foster; Military Child Education Speaker of the House; O’More College of De- Bosma, Speaker of the House; Indiana State Coalition; Military Families for High Stand- sign, President David Matthew Rosen; Or- Sen. Brandt Hershman, Senate Majority ards; Military Officers Association of Amer- egon State Rep. Michael McLane, Repub- Leader; Indiana State Sen. David Long, ica (MOAA); Minnesota State Sen. Paul lican Leader; Oregon State Sen. Ted Ferrioli, President Pro Tem; Institute for Better Edu- Gazelka, Senate Majority Leader; Minnesota Republican Leader; Oregon State Sen. Jack- cation; Institute for Quality Education; In- State Rep. Kurt Daudt, Speaker of the ie Winters; Secretary of Education Rod vest in Education Coalition, President House; Mission: Readiness; The Missouri Bar; Paige; Parents for Educational Freedom in Thomas Carroll; Invest in Education Foun- Missouri Education Reform Council (MERC); North Carolina (PEFNC); Lawrence C. Pat- dation, Vice President Peter Murphy; Inves- Missouri State Rep. Shamed Dogan; Missouri rick, Former President of Detroit Board of tigative Project on Terrorism; Iowa State State Rep. Rebecca Roeber; Montana State Education; Pennsylvania Coalition for Pub- Rep. Linda Upmeyer, Speaker of the House. Rep. Ron Ehli, House Majority Leader; Mon- lic Charter Schools; Pennsylvania State Rep. Jeffersonian Project; John Locke Founda- tana State Rep. Austin Knudsen, Speaker of David Reed, Majority Leader; Pennsylvania tion, Director of Research and Education the House; Montana State Sen. Fred Thom- State Rep. Mike Turzai, Speaker of the Studies Terry Stoops, Ph.D.; Kansas Sec- as, Senate Majority Leader; Eva Moskowitz, House; Prep Net; Public School Options; Ra- retary of State Kris Kobach; Kansas State Founder of Success Academy Charter chel and Drew Katz Foundation; Ready Colo- Sen. Susan Wagle, Senate President; Kent Schools; National Alliance for Public Char- rado; Reason Foundation; Rhode Island County Commissioner Mandy Bolter, Grand ter Schools; National Center for Family State Rep. Patricia Morgan, House Repub- Rapids, MI; Kentucky State Sen. Robert Learning; National Heritage Academies, lican Leader; Secretary of State Condoleezza Stivers, Senate President; Kentucky State Grand Rapids, MI; National Math + Science Rice; Rio Grande Foundation; Assistant Sec- Sen. Ralph Alvarado; Kentucky State Rep. Initiative (NMSI); National Military Family retary of Labor Doug Ross; S4 Group; Kath- Johnathan Shell, House Majority Leader; Association; Navy League of the United leen Shober, Teacher, McKaskey High Roger Kiney, Teacher, Burlington-Edison States; Nevada State Assemblyman Paul An- School; School Choice Wisconsin; High School; Ken Kreykes, Teacher, Chicago derson, Floor Leader; Nevada State Assem- SchoolForward; Secretary of Education Mar- Christian School; The Libre Initiative; Log blyman Chris Edwards; Nevada State Assem- garet Spellings; Step Up; Student Leadership Cabin Republicans; Louisiana Association of blyman John Ellison, Republican Whip; Ne- University; South Carolina African Amer- Business and Industry; Louisiana Associa- vada State Assemblyman John Hambrick; ican Chamber of Commerce; South Carolina tion of Charter Schools; Louisiana Federa- Nevada State Assemblyman Ira Hansen; Ne- Secretary of State Mark Hammond. tion for Children; Louisiana State Rep. Greg vada State Assemblyman Al Kramer; Nevada South Carolina State Rep. Phyllis Hender- Cromer; Lt. Gov. Kay Ivey, Alabama; Lt. State Assemblyman Lisa Krasner; Nevada son, House Majority Whip; South Dakota Gov. Tim Griffin, Arkansas; Lt. Gov. Kim State Assemblyman Jim Marchant; Nevada State Rep. Brian Gosch (Former); South Da- Reynolds, Iowa; Lt. Gov. Evelyn State Assemblyman Richard McArthur; Ne- kota State Rep. Kristin Langer, House Ma- Sanguinetti, Illinois; Lt. Gov. Suzanne vada State Assemblyman James Oscarson, jority Whip; Tarrent County College Pro- Crouch, Indiana; Lt. Gov. Jeff Colyer, Kan- Floor Leader; Nevada State Assemblyman fessor Robert Sherwood; Tennessee Federa- sas; Lt. Gov. Billy Nungesser, Louisiana; Lt. Keith Pickard; Nevada State Assemblyman tion for Children; Tennessee Secretary of Gov. Brian Calley, Michigan; Lt. Gov. Tate Robin Titus; Nevada State Assemblyman Jill State Tre Hargett; Tennessee State Rep. Reeves, Mississippi; Lt. Gov. Dan Forest, Tolles; Nevada State Assemblyman Jim Kevin Brooks; Tennessee State Rep. Glen North Carolina; Lt. Gov. Mike Foley, Ne- Wheeler, Floor Leader. Casada; Tennessee State Rep. Michael braska; Lt. Gov, John Sanchez, New Mexico; Nevada State Assemblywoman Melissa Curcio; Tennessee State Rep. Martin Daniel; Lt. Gov. Mark Hutchinson, Nevada; Lt. Gov. Woodbury, Republican Whip; Nevada State Tennessee State Rep. John DeBerry, Jr.;

VerDate Sep 11 2014 06:22 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.037 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE February 7, 2017 CONGRESSIONAL RECORD — SENATE S823 Tennessee State Rep. Tilman Goins; Ten- Virginia State Sen. Ryan McDouble, Chair Has it hurt the public universities, of nessee State Rep. Andy Holt; Tennessee of Senate Republican Caucus; Virginia Tech which I used to be President of one? It State Rep. Dan Howell; Tennessee State Rep. Professor Ken Stiles; Washington and Lee has helped them. Then, more people Sabi Kumar; Tennessee State Rep. Mark University Professor Robert Dean; Wash- went to private schools, and now more Lovell; Tennessee State Rep. Pat Marsh; ington State Sen. Mark Schoesler, Senate Tennessee State Rep. Jimmy Matlock; Ten- Majority Leader; Tom Watkins, former people go to public colleges. nessee State Rep. Debra Moody; Tennessee Michigan State Superintendent of Schools; Betsy DeVos has committed to no State Rep. Dennis Powers; Tennessee State Wayne State University, Board of Governors more Washington mandates. No more Rep. Jay Reedy; Tennessee State Rep. Court- Member David Nicholson; Ronald Weiser, national school board, no Washington ney Rogers; Tennessee State Rep. Jerry Sex- Former U.S. Ambassador to Slovakia; West mandates for vouchers, no Washington ton; Tennessee State Rep. Paul Sherrell; Virginia State Rep. Eric Nelson, Chair of mandates for common core, no Wash- Tennessee State Rep. Eddie Smith; Ten- House Republican Caucus; West Virginia nessee State Rep. Mike Sparks; Tennessee ington mandates for specific kinds of State Rep. Jill Upson, Member of Committee teacher evaluations with Betsy DeVos State Rep. Tim Wirgau; Tennessee State on Education; Anthony Williams, Former Rep. Dawn White; Tennessee State Rep. Mayor of Washington, DC; Wisconsin in charge of the Department of Edu- Mark White; Tennessee State Rep. Jason Assemblywoman Jessie Rodriguez; Wisconsin cation. Zachary; Tennessee State Sen. Mike Bell; Assemblyman Robin Vos, Speaker of the One year ago, we had no Education Tennessee State Sen. Dolores Gresham; Ten- House; Wisconsin Federation for Children; Secretary. I asked President Obama to nessee State Sen. Todd Gardenhire; Ten- Wisconsin Institute for Law and Liberty; appoint one, even though I knew he nessee State Sen. Ferrell Haile; Tennessee Wisconsin Manufacturers and Commerce; State Sen. Ed Jackson; Tennessee State Sen. would appoint John King, with whom I Wisconsin State Rep. Jessie Rodriguez; Wis- Brian Kelsey; Tennessee State Sen. Bill disagreed. I promised that if he did, we consin State Sen. Scott Fitzgerald, Senate Ketron; Tennessee State Sen. John Stevens; would promptly confirm him, and we Tennessee State Sen. Jim Tracy. Majority Leader; Wisconsin State Sen. Leah did. We asked him 53 questions, not Texas Charter Schools Association; Texas Vukmir, Assistant Majority Leader; Kenneth Witt, Former President, Jefferson County 1,397. We didn’t say he had conflicts of for Education Opportunity; Texas State Rep. interest when the Office of Government Larry Gonzales; Thomas B. Fordham Insti- Board of Education; Cardinal Donald Wuerl, tute; Today and Tomorrow Educational Archbishop of Washington DC; Wyoming Ethics said he did not. Foundation; Tomorrow’s Hope Foundation; State Rep. Steven Harshman, Speaker of the I know my friends are surprised Union of Orthodox Jewish Congregations of House; Wyoming State Sen. Eli Bebout, Sen- about the election, but wouldn’t they America; University of Louisville Associate ate President; Young America’s Foundation. be really surprised if he appointed Professor Alexei Izyumov; Mr. ALEXANDER. Mr. President, someone from within the education es- University of Michigan, President Emerita was there not enough time to question tablishment to be the Secretary of Mary Sue Coleman; University of Michigan, Regent Andrew Fischer Newman; University her? I wonder. We treated her just like Education? Wouldn’t you be surprised of Texas at Austin Professor Daniel Bonevac, we did President Obama’s Education that a Republican President would be University of Wisconsin at Milwaukee Pro- Secretaries. She offered to meet with for charter schools? Are you really sur- fessor Shale Horowitz; U.S. Chamber of Com- the Democrats in December. They re- prised that a Republican President has merce; U.S. House Rep. Rick W. Allen, Mem- fused. She finally met with them in appointed an Education Secretary who ber of Education and Workforce Committee; their offices. wants to give low-income children U.S. House Rep. Justin Amash; U.S. House Then she testified for 90 minutes more choices of schools? Are you sur- Rep. Jack Bergman; U.S. House Rep. Lou longer than either of President Barletta, Member of Education and Work- prised that a Republican President has force Committee; U.S. House Rep. Mike Obama’s Education Secretaries before nominated an Education Secretary who Bishop, Member of Education and Workforce our committees. wants to reverse the trend to a na- Committee; U.S. House Rep. Marsha Black- Then there were followup questions. tional school board and restore local burn; U.S. House Rep. Dave Brat, Member of We asked President Obama’s Education control? Education and Workforce Committee; U.S. Secretaries 53 and 56 questions; they I am supporting her because she House Rep. Bradley Byrne, Member of Edu- asked her 1,400 questions. Then they wants to do that, because she has led cation and Workforce Committee; U.S. House met, and one of their Members an- the most effective— Rep. Virginia Foxx, Chair of Education and nounced that they all agreed to vote Workforce Committee; U.S. House Rep. The PRESIDING OFFICER. The Sen- 1 Trent Franks; U.S. House Rep. Louie Goh- against her before she had a chance to ator has used 4 ⁄2 minutes. mert; U.S. House Rep. Glenn Grothman, answer the questions. What does that Mr. ALEXANDER. Thank you, Mr. Member of Education and Workforce Com- say about those questions? President. mittee; U.S. House Rep. Andy Harris; U.S. She has conflicts of interest? We She has led the most effective public House Rep. Bill Huizenga; U.S. House Rep. have a procedure for that, an inde- school reform movement over the last Duncan Hunter, Member of Education and pendent conflicts of interest office, the 30 years and she has a commitment to Workforce Committee; U.S. House Rep. Office of Government Ethics. The head help low-income children. Steve King; U.S. House Rep. Jason Lewis, Member of Education and Workforce Com- was appointed by President Obama, I would say to my Democratic col- mittee. confirmed by the Senate. He has an leagues, we confirmed President U.S. House Rep. Blaine Luetkerneyer; U.S. agreement with every Cabinet member Obama’s first Education Secretary in 7 House Rep. Luke Messer, Member of Edu- about conflicts of interest. He wrote a days—on the day he was inaugurated; cation and Workforce Committee; U.S. House letter to us 8 days before we voted on his second one in 3 weeks, just as we Rep. Paul Mitchell, Member of Education her and said she would have no conflict will Betsy DeVos today. You may dis- and Workforce Committee; U.S. House Rep. of interest if she followed this agree- agree with the new President, but the John Moolenaar; U.S. House Rep. Aumua Amata Coleman Radewagen; U.S. House Rep. ment. people elected him, and I urge you to James B. Renacci; U.S. House Rep. Todd So plenty of time for questions, no give the new Republican President the Rokita, Member of. Education and Work- conflict of interest. What is the prob- opportunity to choose his own Edu- force Committee; U.S. House Rep. Francis lem? cation Secretary, just like we did with Rooney, Member of Education and Work- One, her support for public charter the Democratic President 8 years ago force Committee; U.S. House Rep. Dave schools. Some people don’t like that. and a year ago, even though we dis- Trott; U.S. House Rep. Fred Upton; U.S. But 2.7 million children attend them. agreed just as much with their view on House Rep. Tim Walberg, Member of Edu- They were founded by the Democratic cation and Workforce Committee; U.S. House Federal policy on local schools as you Rep. Joe Wilson, Member of Education and Farmer-Labor Party in Minnesota. do with her policy and President Workforce Committee; U.S. House Rep. Ted They have now grown to 6,800 schools. Trump’s policy on school choice. S. Yoho, DVM; Former U.S. House Rep. Dave They are the most effective public The PRESIDING OFFICER. The Sen- Camp (MI); Former U.S. House Rep. Pete school reform in 30 years. ator has used 5 minutes. Hoekstra (MI); Former U.S. House Rep. Mike School choice. What is wrong with Mr. ALEXANDER. Mr. President, I Rogers (MI); Utah State Rep. Kim Coleman; giving low-income Americans more urge a ‘‘yes’’ vote. Utah State Rep. Greg Hughes, Speaker of the choice and better schools? We have The PRESIDING OFFICER. The Sen- House; Utah State Sen. Todd Weiler; Valen- cia College, President Dr. Sanford Shugart; done it since the GI bill from 1944—tax- ator from South Carolina. Vermont State Rep. Don Turner, House Re- payer money following veteran stu- Mr. SCOTT. Mr. President, as we publican Leader; Virginia State Del. Bill dents to Notre Dame, Yeshiva, Har- close this debate on Betsy DeVos, this Howell, Speaker of the House. vard, the National Auto Diesel College. debate should really be about public

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.039 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE S824 CONGRESSIONAL RECORD — SENATE February 7, 2017 education. I support public education. question is, Will the Senate advise and move to bring to a close debate on the nomi- Education is the closest thing to magic consent to the DeVos nomination? nation of Jeff Sessions, of Alabama, to be At- in America. Let me say again that Mr. DURBIN. I ask for the yeas and torney General. again. Education is the closest thing to nays. Mitch McConnell, Johnny Isakson, Jeff Flake, Steve Daines, James Lankford, magic in America. I experienced that The PRESIDING OFFICER. Is there a Dan Sullivan, Thom Tillis, Rob magic. sufficient second? Portman, John Hoeven, Roger F. As a kid growing up in a single-par- There appears to be a sufficient sec- Wicker, John Thune, Deb Fischer, ent household, mired in poverty, dis- ond. James M. Inhofe, Tim Scott, Lindsey illusioned about life, I nearly flunked The clerk will call the roll. Graham, Jerry Moran, Pat Roberts. out as a freshman. I thank God for pub- The senior assistant legislative clerk The PRESIDING OFFICER. By unan- lic education. But far too many kids— called the roll. imous consent, the mandatory quorum too many millions of kids today—do The result was announced—yeas 50, call has been waived. not have a quality educational choice nays 50, as follows: The question is, Is it the sense of the in their communities. And what does [Rollcall Vote No. 54 Ex.] Senate that debate on the nomination that mean? There is a high correlation YEAS—50 of JEFF SESSIONS, of Alabama, to be between incarceration, high unemploy- Alexander Flake Perdue Attorney General shall be brought to a ment, and lower lifetime incomes for Barrasso Gardner Portman close? those students who do not have quality Blunt Graham Risch The yeas and nays are mandatory public education. Boozman Grassley Roberts Burr Hatch under the rule. This Nation—the greatest Nation on Rounds The clerk will call the roll. Capito Heller Rubio Earth—has afforded a kid who almost Cassidy Hoeven Sasse The bill clerk called the roll. dropped out of high school to become a Cochran Inhofe Scott Mr. SESSIONS (when his name was Corker Isakson Sessions U.S. Senator. Why? Because I found a Cornyn Johnson called). Present. Shelby path that included public education, Cotton Kennedy The yeas and nays resulted—yeas 52, Sullivan and quality public education. Crapo Lankford nays 47, as follows: Thune So what does it look like in some of Cruz Lee [Rollcall Vote No. 55 Ex.] Daines McCain Tillis our cities? Let me give my colleagues Enzi McConnell Toomey YEAS—52 Wicker an example from Detroit. Only 9 per- Ernst Moran Alexander Flake Paul Young cent of African-American kids meet Fischer Paul Barrasso Gardner Perdue standards for English. Thirteen percent NAYS—50 Blunt Graham Portman of White kids meet standards or exceed Boozman Grassley Risch Baldwin Gillibrand Murray Burr Hatch Roberts standards in English, and 12.5 percent Bennet Harris Nelson Capito Heller Rounds Blumenthal Hassan of Hispanic kids meet or exceed stand- Peters Cassidy Hoeven Rubio Booker Heinrich ards in English in Detroit. We need to Reed Cochran Inhofe Sasse Brown Heitkamp Collins Isakson Sanders Scott make sure that every child in every Cantwell Hirono Corker Johnson Schatz Shelby ZIP Code has a quality choice. Cardin Kaine Cornyn Kennedy Schumer Sullivan The Secretary of Education cannot— Carper King Shaheen Cotton Lankford Casey Klobuchar Thune Stabenow Crapo Lee cannot—privatize education. That Collins Leahy Tillis Tester Cruz Manchin would take an act of Congress. Coons Manchin Daines McCain Toomey Udall So, yes, we should have a passionate Cortez Masto Markey Enzi McConnell Wicker Van Hollen Donnelly McCaskill Ernst Moran Young debate about education, and yes, we Warner Duckworth Menendez Fischer Murkowski should make sure—make sure—that Durbin Merkley Warren the focus of that debate is on the kid. Feinstein Murkowski Whitehouse NAYS—47 The PRESIDING OFFICER (Mr. Franken Murphy Wyden Baldwin Gillibrand Nelson TILLIS). The Senator’s time has ex- The VICE PRESIDENT. On this vote, Bennet Harris Peters pired. Blumenthal Hassan Reed the yeas are 50, the nays are 50. Booker Heinrich Sanders PRAYER The Senate being equally divided, the Brown Heitkamp Schatz Pursuant to rule IV, paragraph 2, the Vice President votes in the affirma- Cantwell Hirono Schumer Cardin Kaine hour of 12 noon having arrived, the tive, and the nomination is confirmed. Shaheen Carper King Stabenow The majority leader. Casey Klobuchar Senate having been in continuous ses- Tester Coons Leahy sion since yesterday, the Senate will Mr. MCCONNELL. Mr. President, I Udall Cortez Masto Markey move to reconsider the vote on the con- Van Hollen suspend for a prayer from the Senate Donnelly McCaskill Chaplain. firmation. Duckworth Menendez Warner The Chaplain, Dr. Barry C. Black, of- The VICE PRESIDENT. The question Durbin Merkley Warren fered the following prayer: is on the motion to reconsider. Feinstein Murphy Whitehouse Franken Murray Wyden Let us pray. Mr. MCCONNELL. I move to table God of mercy and light, we are in the motion to reconsider. ANSWERED ‘‘PRESENT’’—1 Your hands, and we rejoice because of The VICE PRESIDENT. The question Sessions the power of Your presence. Do with us is on agreeing to the motion to table. The PRESIDING OFFICER. On this what seems good in Your sight. The motion was agreed to. vote, the yeas are 52, the nays are 47. Lord, in the welter and variety of de- f One Senator responded ‘‘present.’’ cisionmaking, with its alternating and The motion is agreed to. fluctuating intricacies, give our law- CLOTURE MOTION f makers a deeper appreciation for a con- Mr. MCCONNELL. Mr. President, I science void of offense toward You or ask unanimous consent that the man- EXECUTIVE CALENDAR humanity. Today, show mercy to the datory quorum call be waived. The PRESIDING OFFICER. The Members of this legislative body. Let The PRESIDING OFFICER (Mr. clerk will report the nomination. Your sovereign hand be over them and CRUZ). Without objection, it is so or- The senior assistant legislative clerk Your Holy Spirit ever be with them, di- dered. read the nomination of JEFF SESSIONS, recting all their thoughts, words, and Pursuant to rule XXII, the Chair lays of Alabama, to be Attorney General. works for Your glory. Lord, prosper the before the Senate the pending cloture The PRESIDING OFFICER. The Sen- labors of their hands, enabling them in motion, which the clerk will state. ator from Mississippi. due season to reap a bountiful harvest The senior assistant legislative clerk f if they faint not. read as follows: RECESS We pray in Your merciful Name. CLOTURE MOTION Amen. We, the undersigned Senators, in accord- Mr. WICKER. Mr. President, I ask The PRESIDING OFFICER. All ance with the provisions of rule XXII of the unanimous consent that the Senate postcloture time having expired, the Standing Rules of the Senate, do hereby stand in recess until 2:30 p.m. today

VerDate Sep 11 2014 06:22 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.185 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE February 7, 2017 CONGRESSIONAL RECORD — SENATE S825 and that the time during recess count Some of us have known him for dec- The Justice Department must remain ever postcloture on the Sessions nomina- ades. Regardless of what my colleagues faithful to the Constitution’s promise that tion. are willing to admit publicly, we all our government is one of laws and not of There being no objection, the Senate, know him to be a man of deep integ- men. It will be my unyielding commitment at 12:52 p.m., recessed until 2:30 p.m. to you, if confirmed, to see that the laws are rity, a man of his word, and a man enforced faithfully, effectively, and impar- and reassembled when called to order committed to fairness, to justice, and, tially. by the Presiding Officer (Mr. most importantly, to the rule of law. He goes on to say: PORTMAN). We all know that when Senator SES- The Attorney General must hold everyone, f SIONS served as an assistant U.S. attor- ney, as a U.S. attorney, and as attor- no matter how powerful, accountable. No one EXECUTIVE CALENDAR—Continued ney general for his home State of Ala- is above the law, and no American will be be- neath its protection. The PRESIDING OFFICER. The Sen- bama, he worked hard to promote the ator from Iowa. rule of law and to bring justice to both Now, whether he said those things Mr. GRASSLEY. Mr. President, first victims and perpetrators. We know he one time or dozens of times—and it is of all, I rise to speak in favor of the has a deep commitment to the rule of more apt to be dozens of times during Senate confirming Senator SESSIONS to law, something an Attorney General the day and a half of hearings that we the position of Attorney General, chief must possess or he could not be the had on him, plus the speeches that law enforcement officer of our country, chief law enforcement officer of the were given—it can’t be much clearer but I do want to say thank you to the United States. In other words, that law than what he just said. Democratic minority of my committee or that position is all about carrying But even after he made this promise, because they did not boycott the meet- out and having a commitment to the Members asked Senator SESSIONS if he ings. They debated. They debated too rule of law. As I said, much of Senator would defend the laws that he had long, from my point of view, but they SESSIONS’ hearing focused on his record voted against, and he answered in the debated, and we were able to do our as a legislator. affirmative, stating: work in a businesslike way. So I want Now, it is true Senator SESSIONS has I would defend the statute if it is reason- to thank all of them for their partici- voted on legislation in ways that the ably defensible. It is passed by Congress, it pation. left doesn’t like, and of course I have would be the duty of the Attorney General, Now I will take a few minutes to even disagreed with him from time to whether they voted for it or support it, to de- speak in strong support of my friend time, but we all understand that every fend it. and our colleague Senator JEFF SES- time we cast a vote, we are voting the He was questioned about a host of SIONS to serve as the 84th Attorney way we see as the best for our country. hot-button policy issues. Time and General. I think we all also understand that again, his answer was the same. He will Last week, the Judiciary Committee very rarely is any bill a so-called per- enforce the law. This will actually be spent over 6 hours debating the nomi- fect piece of legislation. quite different from the Obama admin- nation. Every single Democrat opposed At one time or another, every single istration, which refused to enforce laws the nomination, but this wasn’t, of Member of this body has opposed legis- it didn’t like. They did this while the course, much of a surprise. During our lation based upon a principle objection people who are now in the minority— committee debate, Senator GRAHAM to a particular provision. the Democrats—turned a blind eye correctly pointed out that, based on So, of course, Senator SESSIONS has when they didn’t enforce the law. the standard the Democrats estab- voted differently than his Democratic Senator SESSIONS also made clear lished, it appears no Republican could colleagues. Now, that is common sense. that he possesses the independence nec- ever earn their support. That is to be expected. This is the Sen- essary for the Attorney General. I have It is no secret that our Democratic ate. We are all about debating policy often heard Senator SESSIONS ask Ex- colleagues don’t like the new Presi- and for long periods of time. That is ecutive nominees, including nominees dent. They are doing what they can do how the Senate works. for Attorney General, whether they to undermine the new administration. We all know the role of an Senator will have the fortitude to stand up to With respect to Senator SESSIONS, and the role of Attorney General are the President who appointed them. So my Democratic colleagues disagree very, very different. A legislator de- I asked him the same question during with a number of policy positions he bates policy and votes on legislation. my time of questioning in the com- has taken over the years, but this year The Attorney General enforces the mittee. I asked if he will be able to say seems to be unlike previous adminis- laws, as enacted. All of us in the Sen- no to President Trump, and he said: trations, where Senators supported ate understand that difference. Senator Cabinet nominees even if they dis- I understand the importance of your ques- SESSIONS understands the difference tion, I understand the responsibility of the agreed with the nominee on policy better than most. Attorney General, and I will do so. You sim- grounds. That is what happened in 2009, In addition to serving as a Senator ply have to help the President do things that when Senator SESSIONS and I both sup- for 20 years, he served in the Depart- he might desire in a lawful way and have to ported Eric Holder for Attorney Gen- ment of Justice for 15 years, a Depart- be able to say, ‘‘No,’’ both for the country, eral, even though we disagreed with ment dedicated to law enforcement and for the legal system, and for the President to him on many policies. to the rule of law and following what avoid situations that are not acceptable. I So after listening to all the reasons Congress directs law to be. understand that duty. I have observed it they are opposing this nomination, I I am disappointed in my colleagues through my years here, and I will fulfill that responsibility. can boil their objections down to these who have suggested Senator SESSIONS points: will not be able to put aside his policy Senator SESSIONS’ commitment to be Even though many of my colleagues differences that he established here in independent from the President when have known this good man for years, the United States and enforce the law, it is necessary and his promise to en- even though many of my colleagues even if he voted against that law. force the law is exactly what this Na- have worked closely with him to pass This is especially troubling after he tion needs right now. We haven’t seen important bipartisan legislation, even specifically committed to us during much of this over the past 8 years. though many of them have praised him this confirmation hearing that if he is The Department has been politicized in the past for his integrity and for confirmed, he will follow the law, re- over the past 8 years, and that has being a man of his word, even though gardless of whether he supported that caused great harm. The leadership of Senator SESSIONS has pledged to sup- statute as a policy matter. the Department of Justice has under- port and defend all laws passed by Con- The criteria for this nomination is, mined our confidence in the rule of law gress, even those he disagrees with, will this man, whose integrity is be- by picking and choosing which laws it when it comes time to stand up in sup- yond reproach, enforce the law as he will enforce. I am looking forward to port of this good man, they are unwill- said he will? turning a new page at the Department ing to take him at his word. Senator SESSIONS answered that under our friend’s leadership as Attor- This is very troubling because all of question directly during his hearing. ney General. It is desperately needed, us in the Senate know JEFF SESSIONS. He stated this: particularly at this time.

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That is what it means to be a of the President’s recent Executive ney General of the United States. I leader of this country, the whole coun- order, even though she admitted there think some of us and I certainly have try—red States and blue States, all of was a defense to be made. As soon as lived through many difficult times in our people. she did this, Democrats ran to her de- this country, but today this country is President Obama began his tenure in fense and sang her praises, but after as divided as I have ever seen it. office with a 69-percent approval rat- Senator SESSIONS’ hearing, I would Some Republicans have said that ing. President George W. Bush talked have expected Democrats to come to Democrats are in the anger stage of about compassionate conservatism. the opposite conclusion. During his grief, but with all due respect, those After a terrorist attack killed nearly hearing, they asked Senator SESSIONS statements just trivialize what is going 3,000 people, President Bush went to whether he would enforce a law that he on in this country. It is not trivial, and the Islamic Center in Washington on didn’t like over and over and over. But it is not small. Today America is a September 17, 2001, and said: ‘‘Islam is last week, Ms. Yates refused to enforce country split in half, with at least half peace.’’ a law—why?—because she didn’t like objecting to the actions of this Presi- He said: it, and the Democrats lauded her dent, including his nominee for Attor- Muslims are doctors, lawyers, law profes- ‘‘bravery’’ and ‘‘courage.’’ ney General. sors, members of the military, entre- They lauded her ‘‘courage.’’ My office has received approximately preneurs, shopkeepers, moms and dads. And Now, let’s be very clear. She didn’t 114,000 calls and emails regarding Sen- they need to be treated with respect. In our say that she can’t constitutionally de- ator SESSIONS, with 112,000—more than anger and emotion, our fellow Americans fend the President’s order or offer 98 percent—opposed to this nominee. I must treat each other with respect. good-faith defenses of its legality in would like to quote a few of my con- Incidentally, President Eisenhower the court. Instead, this is what—she stituents who deeply oppose this Presi- dedicated the Islamic Center in 1957, explained her decision by saying her dent and this nominee and have been and here is what he said then: job is not the same as the job in the taking to the streets to protect the Under the American Constitution, under Department of Justice’s Office of Legal fundamental values of America. American tradition, and in American hearts, Counsel. She said, importantly, OLC, Here is one from a doctor: this Center, this place of worship, is just as meaning Office of Legal Counsel, does I marched because of the thousands of pa- welcome as could be a similar edifice of any not address whether any policy choice tients I’ve seen in the community, people of other religion. Indeed, America would fight with her whole strength for your right to embodied in an Executive order is wise color, immigrants from all over the globe, who are terrified about the loss of their have here your own church and worship ac- or just. That seems to suggest, of cording to your own conscience. course, that the decision on whether to rights and the dramatic explosion of racially and culturally focused hate crimes we’re Now, Mr. President, that was the defend an Executive order or statute in reading about. man who led American and Allied court turns on whether the Attorney I marched on Saturday because women forces in Europe against Nazi Ger- General believes the law or order is must not be denigrated, as we’ve seen by the many, a regime of pure evil that tar- wise or just. But with all respect to Ms. attitude exemplified by our new President in geted Jews based on their religion and Yates, that wasn’t her job. The Depart- his unmeasured remarks. exterminated millions of Jews, Poles, ment’s job is to enforce the law, just I marched on Saturday because I’m des- perately worried that the progress this coun- Serbs, Roma, Soviet citizens, gays, les- like Senator SESSIONS, becoming At- try has made in recognizing the rights of all bians, and many others. President Ei- torney General, said he would enforce Americans regardless of race, ethnicity and senhower was saying that this country, the law. Ms. Yates’ obligation was religious belief, is now threatened with a the United States of America, would clear. If she couldn’t defend the order roll-back to the ‘50s. fight with her whole strength to pro- in good conscience, the only proper The American process of justice is a bea- course was to resign. con and an example to the world. Jeff Ses- tect the religious freedom of Muslims. This unfortunate situation with Ms. sions must not be confirmed. ‘‘Without that concept,’’ President Ei- Yates highlights why it is important to Here is another: senhower said, ‘‘we would be something swiftly move to confirm an Attorney As a Californian who wants to finish else than what we are.’’ General who will be faithful to the school, as a Californian with ‘‘pre-existing Can anybody even imagine Donald Constitution and uphold the law re- conditions,’’ as a Latina and as the kid of a Trump uttering words like two of his gardless of policy preferences. South American immigrant—I don’t know Republican predecessors, Dwight Eisen- Ultimately, it comes down to this: what I can say other than please, please, pro- hower and George W. Bush? There is no one more qualified than tect us from whatever is coming as best you Instead, there is attack after attack can. JEFF SESSIONS for this position. He after attack on minorities, on immi- served in the Department for 15 years. One woman who marched after the grants, on Muslims, on women, on his He served as attorney general for his inauguration came to my office the fol- critics, on judges, on the press, and home State of Alabama, and for 20 lowing Monday and wrote a hand- yes, even on truth itself. years he served on the Senate Judici- written note explaining why she There is the President’s Muslim ban ary Committee, which has oversight marched. Here is what it said: Executive order, which our government over the Department of Justice. Our President quickly dismisses all pro- says has caused between 60,000 and We all know Senator SESSIONS is a testers as ‘‘professionals’’ and ‘‘sore losers.’’ 100,000 visas to be revoked. That order, man of his word. We all know he will I am here in Washington for his first full which caused chaos at airports around enforce all the laws on the books, re- week of the presidency to send the message the country, is now subject to nearly 60 that I am neither a ‘‘professional’’ nor a gardless of whether he supported them. legal challenges in Federal courts. On ‘‘sore loser’’—just an ordinary American cit- Friday, a Federal judge in Washington Both Republicans and Democrats know izen who can no longer sleep well at night he will make an excellent Attorney worrying about how his agenda will nega- State blocked implementation of major General, and the Nation will be served tively impact not only our country, but de- portions of the Executive order. The well by his appointment. I urge all of mocracies all over the globe. America is al- judge, appointed by President George my colleagues to vote in favor of the ready great; what Trump and his administra- W. Bush, was then promptly attacked nomination. tion will do is destroy it. on Twitter by President Donald I yield the floor. To my constituents—112,000 have Trump. This afternoon, the Ninth Cir- The PRESIDING OFFICER. The Sen- called and emailed to oppose this nomi- cuit will review the stay. ator from California. nee—let me just say this: I hear you. To say this is just a stage of grief Mrs. FEINSTEIN. Mr. President, To my Republican colleagues, this is after losing an election is really to ig- thank you very much, and I want to not grief about losing an election. At nore reality.

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And not only was she really expect him to be an Attorney retary Clinton, and harm her fired, but her integrity and her char- General who is independent from Presi- electability and potential presidency.’’ acter were maligned in an over-the-top dent Trump? I do not believe so. Quote: ‘‘We further assess Putin and press statement. This woman is a ca- In fact, a recent Washington Post the Russian Government developed a reer prosecutor with 27 years of experi- story reports the depth of Senator SES- clear preference for President-elect ence. She was the lead prosecutor in SIONS’ involvement in the Trump tran- Trump.’’ the terrorist prosecution of 1996 Olym- sition. The Washington Post reported Quote: ‘‘We also assess Putin and the pic bomber Eric Rudolph. She actually that during the transition, ‘‘Sessions Russian Government aspired to help went after a real terrorist, and she got became a daily presence at Trump President-elect Trump’s election a conviction. The President called her Tower in New York, mapping out the chances when possible by discrediting a ‘‘disgrace’’ and ‘‘weak on borders.’’ policy agenda and making personnel Secretary Clinton and publicly con- Here is the point: This is the man for decisions.’’ In fact, you can search C– trasting her unfavorably to him.’’ whom Senator SESSIONS has been a SPAN, the Web site, for video of Sen- Quote: ‘‘We assess with high con- stalwart campaign advocate. In re- ator SESSIONS speaking at Trump fidence that Russian military intel- sponse to my written questions, Sen- Tower about the transition. ligence (General Staff Main Intel- ator SESSIONS stated: ‘‘I endorsed him On November 15, in the lobby of ligence Directorate or GRU) used the in part because he was a leader advo- Trump Tower, he said: Guccifer 2.0 persona and DCLeaks.com to release U.S. victim data obtained in cating for issues I supported and be- My former chief of staff is doing a great lieved in.’’ job under incredible demands, and the whole cyber operations publicly and in Senator SESSIONS was a close cam- team is working long hours I mean, 20 hours exclusives to media outlets and relayed paign adviser and supporter of the a day kind of work and just remarkable what material to WikiLeaks.’’ President. He was the first Senator to is happening. I’m one of the co-chairs, of These are just some of the conclu- endorse him. He spoke on Trump’s be- five, I believe, co-chairs of the committee sions that our intelligence agencies— half at the National Republican Con- under Vice President-elect Pence. all of them—have reached, including vention. He appeared at numerous ral- Then Senator SESSIONS said, ‘‘Steve the FBI. lies. He attended at least 45 campaign Bannon is a powerful intellect and a The Department of Justice, through events. During the campaign, he spoke thoughtful leader that consistently the National Security Division and the at large rallies, smiling and laughing, provides good advice.’’ FBI, has an important role to play in while crowds chanted ‘‘Lock her up.’’ We learned last week that Steve investigating and prosecuting Russians Then in October of last year, at one Bannon thinks the same thing about or coconspirators in this matter. The of the Presidential debates and again Senator SESSIONS. As Bannon wrote to FBI, as I said, was part of the assess- at a rally in Virginia, Candidate Trump the Washington Post just days ago, ment that led to the January report. Now, Senator SESSIONS chaired the repeatedly referred to him as ‘‘my at- SESSIONS was—and I quote, and here it President’s National Security Advisory torney general.’’ is—‘‘the fiercest, most dedicated and A month after the announcement of most loyal promoter in Congress of Committee during the campaign. That his nomination to be Attorney General, Trump’s agenda, and has played a crit- is a committee on which National Se- he appeared again with the President- ical role as the clearinghouse for policy curity Advisor Flynn served. So he was elect on a thank-you tour in Alabama. and philosophy to undergird the imple- Trump’s top person on national secu- This was a rally where many of the mentation of that agenda.’’ rity, and it is no secret that explosive President’s campaign promises, such as The Post went on to report that Sen- allegations about the President’s and building the wall, were repeated. ator SESSIONS ‘‘lobbied for a ‘shock- his campaign team’s connections to Crowds once again chanted ‘‘Lock her and-awe’ period of executive action Russia are out there. As a Senator, including as a member up.’’ The President-elect introduced that would rattle Congress, impress of the Armed Services Committee, Sen- him, and Senator SESSIONS came for- Trump’s base, and catch his critics un- ator SESSIONS was quite critical of Rus- ward. As he walked out to speak to aware, according to two officials in- sia. In 2000, he said Russia is a country dramatic effect, he whipped out a volved in the transition planning.’’ where leaders lie, cheat, and steal to ‘‘Make America Great Again’’ hat, put The article says: ‘‘Sessions had advo- cated going even faster.’’ maintain political office. it on, and pumped his fists into the air. That was a floor speech on April 13, Already, at this point, he had been Now, we have seen the consequences of those actions, and what is the re- 2000. designated to be the next Attorney In 2014, after Russia invaded Crimea, General of the United States, an inde- sult? Division, legal challenges, people Senator SESSIONS said, ‘‘I believe a sys- marching in the streets. pendent legal check on the President, a tematic effort should be undertaken so Senator SESSIONS is not a man apart man who responds to the Constitution that Russia feels pain for this.’’ and the law independent of the Chief from this agenda. He is not inde- This was in the Montgomery Adver- Executive. One would have thought a pendent of this agenda. He is part of it. tiser, March 19, 2014. sense of the solemn duty of the Office He is committed to it. He is a leader of When he was a Senator in the 1990s, of Attorney General would have coun- it. he and other Republican Judiciary seled against appearing at yet another Now, let me move to other parts of Committee members called for a spe- political rally with Trump, but it did Senator SESSIONS’ record and what we cial prosecutor because of allegations not. learned from him in the hearing. of $1 million in Chinese monetary con- At that rally, as Attorney General I said earlier that I cannot imagine a tributions to a Presidential campaign. designate, Sessions said that the more important time for the Depart- That is from a floor speech on March Trump campaign was ‘‘more than a ment of Justice to be independent of 9, 2000. normal campaign, but a movement,’’ the President. Part of that is because He pointed to the campaign connec- and when he finished speaking, he of what we know about the Russians tion and said that meant the Attorney thanked the President-elect for ‘‘the and their illegal efforts to get this General needed to appoint a special opportunity to participate in a move- President elected. prosecutor. He said: ‘‘This is serious ment that I believe can help make The Intelligence Community has business. We ought not to treat this America great again.’’ reached the following conclusions lightly.’’ So, to me, this is key. This shows about Russian activities during the Floor speech, March 9, 2000. how Senator SESSIONS views this ap- election, among others: ‘‘We assess Yet, now that our intelligence com- pointment—as an ‘‘opportunity to par- Russian President Vladimir Putin or- munity has concluded that Russia, at

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He refused even reviewed the intelligence commu- tion 5 can now proceed unless they are to comment on data provided by Sen- nity’s reports. affirmatively stopped by a new lawsuit ator COONS that showed the rarity of When asked in writing by myself in that takes time to develop, and a wave in-person voter impersonation fraud, Question for the Record 2b after his of new laws suppressing the vote were which is the only thing a voter ID law hearing whether he had even read the quickly passed following the Supreme can catch. He didn’t comment about intelligence assessments, classified or Court’s ruling. the impact on hundreds of thousands of unclassified, he said he had not read ei- He has tried to argue that he will legitimate voters, many of them mi- ther one. fully enforce the Voting Rights Act. In norities and students, who are denied Now, that is stunning. One of the his committee questionnaire, he point- the fundamental right to vote by these most important national security rev- ed to 4 cases he claimed were among laws. elations in recent years, and he is nom- the 10 most significant litigated cases Now we have the President on Twit- inated to be Attorney General, and he he personally handled. As Senator ter and television claiming that mil- hasn’t reviewed it? Why? He attended FRANKEN demonstrated in our com- lions of illegal votes were cast and that 45 campaign events, was intimately in- mittee, his record of handling these is why he lost the popular vote by volved in the campaign and transition, cases is thin, at best. Lawyers who nearly 3 million votes, and he is order- but despite all of this, he would not handled three of the cases say Senator ing his administration to investigate commit himself to recuse himself. SESSIONS had no substantive involve- that. If President Trump asks Attorney This should be of real concern to all ment. He did not mention them in his General SESSIONS to carry out his par- of us. 1986 questionnaire, even though the tisan, pointless investigation, what Another nation—namely, Russia— cases were ongoing at that time. And will Senator SESSIONS do? Is the leg- has attacked our political process in a now he says he played a supporting or endary Civil Rights Division of the major way: hacking a political party assistance role in them. Justice Department going to become and leaking its internal deliberations. So these cases do not make me con- President Trump’s political investi- This time, it targeted the Democratic fident that as Attorney General over- gator? Or will it defend and use the Party; next time, it could be the Re- seeing the Civil Rights Division, he Voting Rights Act to protect the right publican Party, but whichever party it will ensure that the civil rights and to vote of millions of Americans is, we can’t let this continue. voting rights laws are fairly enforced. against efforts by States to take that Intelligence and law enforcement So I asked him questions to see what right away? I just don’t have con- professionals must be able to follow the he would do. I pointed out in written fidence that JEFF SESSIONS will fairly facts wherever they lead. The inves- questions that several voter ID laws apply the law in this area. tigation could lead to the prosecution have now been struck down, or severely Now, if confirmed, what will Senator of people who helped hack and leak in- limited, under the Voting Rights Act. SESSIONS do when faced with questions formation hacked by Russia to help the Just one example: One of the most con- on reproductive rights? Will he under- President’s campaign. It obviously has servative appeals courts in the Nation, mine a woman’s fundamental right to the potential to create embarrassment the Fifth Circuit, found that Texas’s control her own body and her own re- for the President and his people, and to law violates the Voting Rights Act. Ac- productive system? implicate people involved in the cam- cording to the courts, 608,470 registered In 2015, Senator SESSIONS voted for paign. voters in Texas lack required ID, and legislation that would impose a nation- So the question is a big one, and we Black and Latino voters were far more wide ban on abortion after 20 weeks. ought to think about it. How will this likely than White voters to lack the re- That legislation had a penalty of nominee handle investigation and pros- quired ID. The court found that the jailing doctors for up to 5 years, and it ecution into an unprecedented and Texas law had a discriminatory effect, would have forced survivors of rape and major foreign intrusion into the elec- in violation of the Voting Rights Act. incest to overcome additional and tion of the President of the United Now, this means the Justice Depart- medically unnecessary hurdles before States? Can he be independent of the ment can protect the voting rights of they could receive an abortion. The White House? I do not believe he can. Americans in these cases. So I asked legislation also had no exception for a Let me move on to voting rights. him, would you continue to enforce the woman’s health and only a narrow ex- Senator SESSIONS long ago testified Voting Rights Act in these situations? ception to save her life. that he thought the Voting Rights Act There is now precedent for it. He would Imagine what it is like to be a was an intrusive piece of legislation. not answer. He tried to say that the woman who learns that she has serious He acknowledged this again in his Supreme Court has actually held that complications late in pregnancy and hearing. In 1986, Senator SESSIONS said: voter ID laws do not necessarily vio- that she will suffer debilitating phys- ‘‘It is a serious thing . . . for the Fed- late the Voting Rights Act. ical health effects if she cannot get an eral Government to come in and sue a That is my written question for the abortion. Then imagine having to tell county and say we are going to change record, No. 14. her that her health must suffer for the the form of government you have been But the Supreme Court decision he rest of her life because politicians have living with for 20 years.’’ referenced, Crawford v. Marion County prohibited her from making her own That implies a hesitation to use the Election Board, did not talk about the health care decisions. But this is the Voting Rights Act to change certain Voting Rights Act at all. outcome Senator SESSIONS voted for. systems of election in counties that So I asked him to clarify his re- Senator SESSIONS believes the case were adopted to disenfranchise minori- sponse. His answer indicated that it that established a woman’s right to ties. was just his own view that voter ID control her own reproductive system— When we considered the Voting laws do not necessarily violate the Roe v. Wade—is one of the ‘‘worst, co- Rights Act Reauthorization of 2006, the Voting Rights Act. This was a follow- lossally erroneous Supreme Court deci- Senator voted for it. But he also ex- up question, No. 7a. That may be his sions of all time.’’ In fact, weeks ago pressed skepticism about the personal view, but the courts’ view is when testifying before our committee, preclearance provision of the act, sec- that these laws can and in some cir- I asked him if this is still his view, and tion 5, which was a core part of the act. cumstances do violate the Voting he said ‘‘it is.’’ He even said Roe v. And then, when the Supreme Court Rights Act. But he still has refused to Wade ‘‘violated the Constitution.’’ narrowly ruled five to four in Shelby say whether he will bring those cases. That statement essentially invites County—that is a decision—and that Then, when asked about voter fraud States to enact more and more restric- section 5 of the Voting Rights Act by Senator COONS, Senator SESSIONS tions on women’s fundamental access could no longer be enforced, Senator responded that he believes ‘‘fraudulent to health care. It is a signal to those

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.197 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE February 7, 2017 CONGRESSIONAL RECORD — SENATE S829 States that if they enact restrictions worked as a waitress and commuted an will be imposed much more often, be- and are challenged in court, then the hour each way to classes because she cause depending on how prosecutors Justice Department may in fact sup- couldn’t afford to live near campus. charge cases, the law will tie a judge’s port them and try to overturn Roe v. After graduation, she volunteered at hands when it comes to a sentence. Wade. In fact, I asked him about that, San Francisco General Hospital. That is how our system works today. and he did not rule out the Justice De- Denisse dreamed of going to medical The mission of a prosecutor is to do partment’s pushing to overturn Roe. school, driven in part by a family mem- justice, not instinctively bring the He left the door open by saying: ber’s early death from cancer. The dis- maximum charge. As then-Attorney Such decisions would depend upon the ease was diagnosed at a late stage be- General Robert Jackson said in 1940: unique circumstances of the case or cases as cause the family’s immigration status The prosecutor has more control over life, they arise. I will not pre-judge the issues. made it impossible to afford health in- liberty, and reputation than any other per- That is the response to my question surance. son in America. His discretion is tremen- for the record 6a. Today, Rojas is enrolled in New dous. He even refused to rule out punish- York’s Icahn School of Medicine at Your positions are of such independence and importance that while you are being ment for women who have abortions— Mount Sinai, where she is on track to diligent, strict, and vigorous in law enforce- a position President Trump took dur- earn her degree in 2019. She intends to ment, you can also afford to be just. Al- ing the campaign. That is a response to specialize in emergency medicine and though the government technically loses its Senator BLUMENTHAL’s question for the work in low-income communities to case, it has really won if justice has been record 11a. provide health care to families, like done. So what does it mean for him, as At- her own, who would otherwise go with- For Senator SESSIONS to say that a torney General of the United States? It out necessary treatment. prosecutor cannot exercise some judg- means he very well may seek to over- This is the perfect case for discre- ment, based on the circumstances of a turn Roe v. Wade. It means the Justice tion. This is the perfect case for the ex- case, to seek a lesser charge or a lesser Department may go to court and sup- ercise of a just humanity. But Senator punishment, in my view, is just not port continued State efforts to further SESSIONS is lobbying to overturn correct. and further restrict the rights of DACA. The consequences of such a dra- We have discussed mandatory min- women to control their own reproduc- conian and inhumane action would be imum sentencing in the Judiciary tive system. devastating to thousands of people in Committee. The Senator from Illinois, The bottom line: I do not have con- my State, and I find it deeply dis- distinguished as he is, has been a lead- fidence that Senator SESSIONS will fair- turbing that Senator SESSIONS would er in this cause. It has been discussed ly and independently safeguard the advocate for the deportation of chil- for years in the context of the sen- freedoms of the women of America. dren who have known no other country tencing reform efforts led by Senators Let me move on to immigration. Sen- but the United States. LEE, CORNYN, DURBIN, GRASSLEY, ator SESSIONS has been the staunchest If he doesn’t believe these youth de- LEAHY, and WHITEHOUSE. Senator LEE, opponent of comprehensive immigra- serve some sort of prosecutorial discre- in particular, has been a passionate ad- tion reform, preventing the passage of tion when it comes to deportation, how vocate against mandatory minimum legislation to strengthen the border is he going to act as our Nation’s lead- sentencing. and prevent families from being torn ing Federal criminal prosecutor? I believe in enforcement of the drug apart. It is no secret that he believes in an laws. I always have. There are difficult Senator SESSIONS opposed immigra- aggressive use of executive enforce- questions about what actions the Jus- tion reform so strenuously that he ment power in the area of immigration. tice Department would take in States drafted and distributed his own book He testified in response to Senator that have legalized marijuana in some entitled ‘‘Immigration Handbook for FLAKE that he favors ‘‘a zero toler- way or another under their own laws. the New Republican Majority.’’ This ance’’ policy for immigration crimes. The bottom line is this: sensitivity handbook implied that immigrants Immigration offenses already make up and good judgment are needed in pros- were taking jobs from low-income mi- about a third of all Federal prosecu- ecutorial decisions. We want to make norities and abusing public benefit pro- tions each year. So does it make sense sure the sentence fits the crime and grams—setting people against each to increase that substantially? There that resources are used wisely. Senator other. More alarmingly, Senator SES- certainly are more troubling crimes at SESSIONS’ comments make it clear that SIONS voted at least twice against the the border and across the country that he generally opposes granting discre- DREAM Act, which seeks to protect require the attention and resources of tion to a prosecutor to impose a lesser some of our country’s most vulnerable the Department of Justice: human traf- charge or a lesser sentence based on youth, undocumented individuals— ficking, smugglers, organized crime, the circumstances of the case before children—who were brought here gangs, drug trafficking, hate crimes, them. through no choice of their own. white-collar crimes, civil rights, and One thing I found striking was that On President Obama’s Executive ac- voting rights, just to name a few. So in Senator SESSIONS’ written state- tion to protect those children—known Senator SESSIONS’ opposition to pros- ment to the committee, he said the fol- as DACA—he doesn’t just oppose it. He ecutorial discretion caused me great lowing: ‘‘I understand the demands for is actively seeking to take it down. A concern. justice and fairness made by the LGBT recent Washington Post article says he Let’s move on to criminal law. community.’’ is lobbying for the administration to During the hearing, discussing sen- I have served on the Judiciary Com- overturn DACA. It is one thing to dis- tencing with Senator COONS, Senator mittee for 24 years. Twenty of them agree on policy, but it is quite another SESSIONS revealed his view about what have been alongside Senator SESSIONS. when the policy could crush the lives of a Federal prosecutor should be. He said I cannot recall a single time when he ordinary people. it was ‘‘a problematic thing’’ that is spoke about supporting any kind of In December, I wrote an op-ed in the ‘‘difficult to justify’’ when a prosecutor ‘‘justice and fairness’’ for the LGBT San Francisco Chronicle about the im- uses some discretion to bring lesser community or made any kind of state- portance of DACA and what it means charges or not to charge the maximum ment like this. We looked and couldn’t for Californians. drug charge available. find one in the CONGRESSIONAL RECORD I discussed the story of Denisse As we know, drug prosecutions were either. In fact, the statement stands at Rojas, brought to the United States as the most common Federal charge in odds with his record. a 10-month-old baby. Rojas’ family is 2015. So Senator SESSIONS’ view on Let me give you a few examples. In similar to many families with mixed them will have a big impact on the 2011, we marked up a bill I had intro- status. Her mother and father came to workload in U.S. attorneys’ offices. If duced to repeal the Defense of Mar- the United States to create a better it becomes the nationwide policy of the riage Act, known as DOMA, that de- life for their children. Department, it will mean mandatory nied married gay and lesbian couples Denisse excelled in high school and sentences of 5 years, 10 years, 20 years, equal protection under the law. Not majored in biology at UC Berkeley. She and even life in prison for drug charges only did Senator SESSIONS vote no—as

VerDate Sep 11 2014 06:22 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.198 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE S830 CONGRESSIONAL RECORD — SENATE February 7, 2017 all Republicans on the committee did— Federal law treats same-sex couples I don’t have the time to go through but he asked questions like, ‘‘What equally; that the right to marry and be history, but I would assume that in about two sisters?’’—as if to compare treated equally under Federal law is past nominations—particularly for At- same-sex marriage to incest, a demean- recognized and protected. torney General—there has been some ing statement about hundreds of thou- Here we are, I think, at a very dif- kind of relationship between the Presi- sands of families in this country. ficult and dangerous turning point. We dent who nominated him and the per- He voted against allowing gay and have a President with little apparent son who is seeking the job. If that is lesbian Americans to serve in the mili- regard for constitutional or legal re- going to be the new standard, I suggest tary. In 2009, he voted against the Mat- strictions and who is willing to take to that nobody in this body ever endorse thew Shepard and James Byrd, Jr. Hate Twitter to target and abuse individuals anybody for President because appar- Crimes Act. He said he did not see the and groups of Americans, and even be- ently you can’t serve in the Cabinet. kind of discrimination happening little and demean Federal judges and That would be kind of silly. against the LGBT community or the Federal court system, just as he I look at this as are you qualified for women. He said the law was potentially did during the campaign. the job? Our friends on the other side unconstitutional, which is not an argu- We have a President who has taken a look at it as if you don’t agree with ment that, to my knowledge, has ever ‘‘shock and awe’’ approach with cruel, their liberal agenda, you can’t do the been accepted by a court. un-American, and potentially illegal job. Big difference. There has been an In 2006, he voted to enshrine discrimi- Executive orders even in his first 2 absolute wholesale attack on every- nation in our Constitution by sup- weeks in office, which this nominee re- thing Trump when it comes to the porting the constitutional amendment portedly urged be done even faster. nominations, with a few exceptions. to ban same-sex marriage everywhere We have a President who wants to The basis of the attack is that they in the country. What did he say? He bring back torture, even though— don’t share the world view of our said the Senate had to debate the thanks to Senator MCCAIN—Congress friends on the other side. That world amendment because of a ‘‘deliberate has already stated it is clearly illegal. view was litigated pretty thoroughly and sustained effort by leftists in We have a President who is already an- and you lost. What do you expect Don- America,’’ ‘‘social activists,’’ and ‘‘ac- gering long-term allies like Australia ald Trump to do after his campaign? I tivist judges.’’ and making ridiculous threats of send- expect him to do what he said he was He talked about harm to children, ig- ing troops to Mexico. going to do. Some of it I agree with, noring the fact that same-sex couples We have a nominee for Attorney Gen- some of it I don’t. Where I don’t agree are raising children and that denying eral who is anything but independent. with him, I will challenge him. equal recognition to their families ac- He was part and parcel of the Trump The one challenge I will not make tually hurts those children. Then he campaign apparatus, transition, agen- against this President is to deny him went on to criticize the 2003 decision of da, and way of thinking. the ability to pick somebody who is the Supreme Court in Lawrence v. As Steve Bannon wrote in the Wash- clearly, in my view, qualified, even Texas, which essentially said that pri- ington Post just days ago, SESSIONS though I may have differences with vate homosexual conduct cannot be was ‘‘the fiercest, most dedicated and him on particular issues. made a crime in this Nation. most loyal promoter in Congress of I would say this about Senator SES- The Lawrence decision, written by Trump’s agenda, and has played a crit- SIONS. I have known him for 20 years Justice Anthony Kennedy, was a vic- ical role as the clearinghouse for policy almost. I have traveled throughout the tory for freedom. How did Senator SES- and philosophy to undergird the imple- world with Senator SESSIONS and his SIONS describe it? He argued the deci- mentation of that agenda.’’ family. Most of the time I agree with sion was wrong, and ‘‘troubling with Do any of my colleagues—Republican JEFF SESSIONS. Sometimes I don’t, but far-reaching ramifications.’’ He said it or Democratic—think Steve Bannon I found him to be an incredibly honor- was a ‘‘new vision of social justice, didn’t know what he was talking about able man worthy of the job of being masquerading . . . as constitutional in this email to the Washington Post? U.S. Senator from the great State of law.’’ Do any of my colleagues believe that if Alabama, reflecting the values of the He called Justice Scalia’s dissent Senator SESSIONS is confirmed, he is people of Alabama. That is what he got ‘‘brilliant.’’ That dissent, by the way, going to take off the political hat and elected to do, by the way. accused the Supreme Court of be an even-handed Attorney General I think he will be uniquely qualified ‘‘sign[ing] on to the so-called homo- for all Americans who will tell this to be the Attorney General of the sexual agenda, by which I mean the President no when it is merited on the United States at a time of great chal- agenda promoted by some homosexual basis of the law and the Constitution? lenge. He has been a U.S. attorney. He activists directed at eliminating the I don’t believe it for a second. I must has been Attorney General of his State. moral opprobrium that has tradition- vote no and urge my colleagues to do He is a man steeped in the law. His big- ally attached to homosexual conduct.’’ the same. gest crime, I think, is that he is very When he was Attorney General of Mr. President, I yield the floor. conservative. That, to me, is not a dis- Alabama, he sought to shut down a The PRESIDING OFFICER (Mr. qualifier any more than being very lib- conference of LGBT students on a pub- HOEVEN). The Senator from South eral is a disqualifier. lic university campus in Alabama. This Carolina. How do you think we felt when was despite a Supreme Court decision Mr. GRAHAM. Mr. President, I rise Barack Obama basically turned issued just a year earlier protecting a in support of the nomination of Sen- ObamaCare upside down with one Exec- Christian student group from discrimi- ator SESSIONS to be Attorney General utive order after another every time it nation based on viewpoint. of the United States. Let me make a started stinking up in public? He would The Eleventh Circuit Court—in a few comments about the process. I unilaterally change the law to avoid a panel of three judges appointed by Re- would expect that the Attorney Gen- political consequence or granting mil- publican Presidents—called the State’s eral nominee know the President be- lions of people legal status with a action ‘‘blatant viewpoint discrimina- fore they are chosen. This idea that stroke of a pen, well beyond his lane, tion’’ and characterized Sessions’ argu- Senator SESSIONS was close to Presi- struck down by the Court as being out- ments as ‘‘feeble.’’ dent Trump during the campaign and side his ability as President to do. Does any of this sound like the ac- that it is somehow a disqualifier makes Not once did anybody on that side tions of a person who understands the absolutely zero sense to me. raise an objection. Eric Holder is a fine demands for justice and fairness made The bottom line is, that is exactly man. I can’t remember a time when by the LGBT community? My answer the kind of people you would expect a Eric Holder stood up to this runaway is no. President to pick—someone who has train in the Obama administration. Lo- How will that impact the Attorney been on their team, someone they retta Lynch is a fine woman. I can’t re- General? The Attorney General must know, someone they believe in to carry member one time she expressed doubt enforce Federal hate crimes laws. The out the duties of the office that they about President Obama’s agenda. When Attorney General must ensure that are nominated for. it was left up to the courts to express

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.200 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE February 7, 2017 CONGRESSIONAL RECORD — SENATE S831 doubt in this election, believe it or not, 113th Congress, the first half, here are American Democratic minority leader, that had a lot to do with the way the the ratings. Senator GRASSLEY—all Re- said: last 8 years rolled out. publicans here, 11 percent; HATCH, 25 I have worked with Jeff Sessions. I know This was a check-and-balance elec- percent; GRAHAM, 25 percent; CORNYN, him personally, and all of my encounters tion, and you are not going to be able 11 percent; LEE, 11 percent; CRUZ, 11 with him have been for the greater good of to undo the consequences of this elec- percent; SASSE, he wasn’t in Congress; Alabama. We have spoken about everything, from civil rights to race relations. We agree tion unfairly. I think it would be unfair BLAKE, 29 percent; CRAPO, 14 percent; that as Christian men, our hearts and minds to say that Senator JEFF SESSIONS is TILLIS and KENNEDY were not rated focus on doing right by all people. not qualified for the job at hand. yet. On the Democratic side of the Ju- That is the JEFF SESSIONS I know. Most of the attacks against Senator diciary Committee, FEINSTEIN, 100 per- That is why I am lending my support SESSIONS could be levied against al- cent; LEAHY, 100 percent; WHITEHOUSE, most everybody on this side of the to his nomination. 100 percent; KLOBUCHAR, 100 percent; I have some serious differences with aisle. The NAACP, according to JEFF FRANKEN, 100 percent; COONS, 96 per- SESSIONS, is one of the premier civil President Trump, and those differences cent; BLUMENTHAL, 100 percent; HIRONO, will materialize over time. And I hope rights organizations in the history of 100 percent. Not only did JEFF SESSIONS the country. I think that is a fair char- I have the courage of my convictions to have a poor rating, all of us did. stand up for what I believe even when acterization. Mr. Cornell Brooks, CEO So to my friends on the other side, my party has the White House. That is of the NAACP, said of Senator SES- you are making arguments that I don’t a very hard thing to do for all of us. I SIONS: Senator SESSIONS’ record think are good for the future of this intend to do it to the best of my abil- throughout his career, whether in the body and the country as a whole. You ity, and I will get a lot of coverage for Office of the U.S. Attorney for the are basically saying: You did not vote doing that because that makes for good Southern District of Alabama, as at- for the legislation I supported. You political reporting. But what will not torney general of the State of Alabama voted against ideas I embrace that I be covered is the fact that on the really or, most recently, as the junior U.S. think make America a unique place; big issues, mostly, I agree with Presi- Senator from Alabama evinces a clear therefore, you cannot have this job. disregard, disrespect, and even disdain Here is what I would say: Senator dent Trump and JEFF SESSIONS about what we need to do to change the dy- for the civil and human rights of racial SESSIONS voted as a very conservative and ethnic minorities, women, the dis- Senator from the State of Alabama namic regarding crime. I will work abled, and others who suffer from dis- who has conducted himself honorably with Senator DURBIN to bring about crimination in this country—a damn- his entire life. And I really regret that sentencing reform, but it is now time ing indictment. we have gotten to this point. All of us to go in on the offense against crime. One of the things that pleases me Apparently, he doesn’t stay in con- in here know JEFF, and I have been on most about this nomination of Senator tact with the NAACP chapter in Ala- this floor fighting with him tooth and SESSIONS is that we have been very bama. In 2009, the NAACP gave JEFF nail about immigration reform. I strong allies in fighting the War on SESSIONS—Civic and Human Rights worked with Senator DURBIN, who is Terror. JEFF SESSIONS understands the Convention, April 23 to 26, 2009, NAACP going to speak next, and our chief an- difference between fighting a crime and Governmental Award of Excellence, tagonist most of the time was Senator fighting a war. It will be welcome news Senator JEFF SESSIONS: For the out- SESSIONS. Never in my darkest day will for me to have an Attorney General standing work you do. I ever believe JEFF SESSIONS said one That is one of the awards he forgot to word on this floor that he did not truly who understands that Bin Laden’s son- tell us about, so I hope he will amend. believe. And he reflects the views of in-law who is captured on the battle- Another attack on Senator SESSIONS, millions of Americans. field should be treated differently than he received an award from a David As to the status of the LGBT commu- somebody who tried to steal your car. Horowitz group that was labeled by the nity, I think JEFF SESSIONS was rep- Under JEFF SESSIONS, the Justice De- Senator from Connecticut as being resenting the values of his State. And partment will look at enemy combat- some rightwing extremist organiza- all I can say is, that is what we are ants for who they are—warriors in a tion. All I can say is that the Annie sent up here to do. If we disagree, we cause to destroy our lives—and they Taylor Award is named for a lady who disagree, but it is a big leap from the will be held consistent with the law of went over Niagara Falls in a barrel. policy disagreement to not qualified. war, not domestic criminal law. And They give it to conservatives who I asked the NAACP chairman: Name the days of terrorists being read the stood up under difficult circumstances. one Republican you would recommend Miranda rights as if they were common I actually received the award as an im- to be Attorney General. criminals will soon be over. That will peachment manager. Chris Matthews I have yet to get a name. make us all safer. was there to moderate the dinner. So I So what we are talking about here, I look forward to voting for Senator don’t know what Mr. Horowitz said unfortunately, is an attack on conserv- SESSIONS and working with him. And if after I was there, before he was there; atism more than it is JEFF SESSIONS we have disagreements, the one thing I all I can say is that I received the because almost everything said about know for sure is that JEFF will at least award, too, and I sure as hell don’t con- JEFF could be said about me and most listen to me. sider myself a bigot. of my colleagues over here. Why did I This body is adrift. The country is Voting against the Violence Against vote for Holder? Why did I vote for really divided. I hope that once this Women Act authored by Senator Lynch? Why did I vote for Sotomayor confirmation process is over, we can LEAHY—I won’t give you a long ren- and Hagel? And the list goes on and on get back to doing the business of the dition. I voted against it, too, for rea- and on. American people. sons I will be glad to explain to you at I expect that when a liberal Presi- To the extent that Donald Trump be- a later time. dent wins, they will pick people who comes the problem, we will push back. The bottom line here is that most of are qualified, who share their view to Right now, people are pushing back the things said about JEFF SESSIONS represent their administration. When against everything all the time, and and the way he acted as a Senator it comes to the Attorney General, you you are going to hurt yourself, as well could be said about almost all of us on can be liberal and you can be conserv- as this body, because there is no way this side who consider ourselves con- ative, but you also still can be fair to you can ever convince me that JEFF servative. the public as a whole. SESSIONS is not qualified to be the At- Back to our friends at the NAACP, I I don’t believe for 1 second that JEFF torney General. I can understand why asked Mr. Brooks, ‘‘Do you have a leg- SESSIONS, as Attorney General of the you wouldn’t pick him, but there is no islative scorecard how you rate people United States, will take any of his po- doubt in my mind that he is somebody in the Body?’’ He said, ‘‘Yes. And Sen- litical positions and jam them down a Republican conservative President ator SESSIONS has been historically low your throat if the law says no. I have would pick, and they did. rated.’’ never seen that about the man. I yield the floor. Here is what I want the body to The minority leader of the Alabama The PRESIDING OFFICER (Mr. know: that in the report card of the Senate, Senator Ross, an African- SASSE). The Senator from Arizona.

VerDate Sep 11 2014 06:22 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.201 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE S832 CONGRESSIONAL RECORD — SENATE February 7, 2017 Mr. MCCAIN. Mr. President, I thank Vladimir also learned what it takes ing city on a hill. To allege some kind the Senator from Illinois for his cour- to be a revolutionary from our mutual of moral equivalence between the two tesy. I think this will take about 7 or friend Boris Nemtsov. Vladimir and is either terribly misinformed or in- 8 minutes, I would say to my colleague Boris struggled together for years in credibly biased. Neither can be accu- from Illinois. the cause of freedom and democracy. rate in any way. I ask unanimous consent to address Vladimir once called Boris the best Knowing all this, knowing that his the Senate as in morning business. President Russia never had. life was at risk, Vladimir returned to The PRESIDING OFFICER. Without Boris was one of the first to warn of Russia. He continued to speak truth to objection, it is so ordered. the incoming Putin dictatorship, even power. He kept faith with his ideals TRIBUTE TO VLADIMIR KARA-MURZA when many of his fellow liberals could and was in confrontation with a cruel Mr. MCCAIN. Mr. President, last not see it. He told the truth about and dangerous autocracy. He kept faith week I was heartbroken to learn that a Putin’s reign of terror, rampant cor- honorably and bravely with the exam- dear friend and great fighter for free- ruption, and his illegal invasion of ple of his friend and comrade Boris dom, Vladimir Kara-Murza, had been Ukraine. For the crime of telling the Nemtsov. hospitalized in Moscow. Those of us truth in Putin’s Russia, Boris Nemtsov Now it appears that Vladimir has who know the work of this brave Rus- was murdered in the shadow of the once again paid the price for his gal- sian patriot could not afford to hope or Kremlin in 2015. lantry and integrity, for placing the in- assume that he was suffering some or- He died a martyr. He died a martyr terests of the Russian people before his dinary illness. Just 2 years ago, under for the rights of people who were own self-interest. He is very ill, but I mysterious circumstances, Vladimir taught to hate him but who will one am encouraged to learn his condition is grew very ill and fell into a coma. day mourn his death, revere his mem- Many suspected he was poisoned, to now stable. ory, and despise his murderers. After So today, speaking for so many intimidate him or worse. That is why Boris’s assassination, many urged last week’s news signaled another Americans, I offer my most heartfelt Vladimir not to return to Russia. He prayers for the recovery of Vladimir shadowy strike against a brilliant had every reason not to. He knew his voice who has defied the tyranny of Kara-Murza and for the success of the own family’s history with tyranny. He cause to which he has dedicated his Putin’s Russia. knew what happened to Boris Nemtsov, Many Americans are not familiar life: truth and justice for the Russian and he knew all too well about the cul- with the life of Vladimir Kara-Murza, people. And I do so with the confidence ture of impunity that Putin has cre- but it is one that reflects the best Vladimir himself once expressed: ‘‘I am ated in Russia, where individuals are qualities of leadership, courage, self- sure that in the end, we will win, be- lessness, idealism and patriotism, and routinely persecuted and attacked for cause even when dictators prevail for it is a life dedicated to the principles their beliefs, including by the Russian some time, sooner or later, freedom we all hold dear: truth and justice, Government, and no one is ever held wins.’’ freedom and fairness, human rights and responsible. I thank my colleague from Illinois He knew about Sergei Yushenkov, human dignity. for his indulgence. who was investigating the Kremlin’s All his life, Vladimir has been a I yield the floor. potential role in the 1999 apartment brave, outspoken, and relentless cham- The PRESIDING OFFICER. The Sen- bombings in Russia when he was shot pion for the Russian people. He is a ator from Illinois. and killed at the entrance of his apart- deputy leader of the People’s Freedom Mr. DURBIN. Mr. President, let me Party, Russia’s leading pro-democracy ment. He knew about American jour- nalist Paul Klebnikov, who was inves- say at the outset that I am glad I was party. He is a leading coordinator of here for the statement made by the Open Russia, a foundation that pro- tigating Russian Government connec- tions to organized crime when he was Senator from South Carolina. We dis- motes civil society and democracy in agree on many things. We agree on Russia. In 2011, he helped mobilize the shot to death in Moscow in 2004. He knew about Anna Politkovskaya, things as well. I respect him very much largest anti-Kremlin demonstration and turn to him often to find bipar- since the early 1990s, leading tens of a journalist, human rights activist, and fierce critic of Putin’s brutal war in tisan support when, frankly, no one thousands of Russians to march in pro- else will answer the phone. He has been test of widespread fraud and corruption Chechnya, who was murdered in the stairwell of her apartment building on a great friend and ally and has been in the parliamentary elections. very blunt with me when we disagree. In the United States, Vladimir was Putin’s birthday in 2006. We do disagree today, and I do it re- one of the most passionate and effec- He knew about former FSB officer spectfully because Senator GRAHAM is a tive advocates for passage of the Alexander Litvinenko, who exposed the person I do, in fact, respect as a Senate Magnitsky Act, legislation that gives Putin regime’s massive corruption tied colleague. the Federal Government powers to to organized crime and involving assas- punish human rights violators in Rus- sination and murder. He was poisoned He is right about one thing: You sia. Most recently he has eloquently to death in 2006 with a radioactive would expect a new President to pick and persuasively campaigned to expand isotype in a brazen act of nuclear ter- someone to be an Attorney General the Act to impose sanctions on those rorism. whom they know and trust. It might Russians journalists who were so cowed He knew about Sergei Magnitsky, have even been someone from the cam- and corrupted by the Kremlin that that most unlikely of heroes in the paign trail. they become indispensable to propa- cause of freedom, the humble tax attor- A classic example is 1960, when Presi- gating the lies and atmosphere of hate, ney who blew the whistle on tax fraud dent John Kennedy was elected and fear, and violence the Putin regime re- and large-scale theft by Russian Gov- chose his brother Robert Kennedy, who lies on to maintain power. ernment officials, only to be charged had worked on his campaign, to serve Vladimir’s family has a long history with their crimes and die in a squalid as Attorney General of the United of heroism for years, dating back to cell inside the prison that once held States. You can’t think of a clearer the early 1900s. Vladimir once de- the political opponents of the Czars analogy to what has been described scribed the experience of visiting the and the Soviets. today. But the point that was made KGB archives in Moscow where he re- In short, Vladimir knew that Putin is earlier by Senator FEINSTEIN about the viewed the thin file on his great grand- a killer—and he is a killer. He might relationship of Senator SESSIONS with father who was executed. It contained very well be the next target. Vladimir Candidate Trump is one that goes be- the scant evidence required for a death knew that there was no moral equiva- yond familiarity, beyond support in a sentence in Stalin’s Russia. He recalled lence between the United States and political campaign. In fact, they did the weight that fell upon him when he Putin’s Russia. I repeat: There is no work together, and they do agree on read the modest document to which the moral equivalence between that butch- some fundamental issues. executioners affixed the date and their er and thug and KGB colonel and the If the press can be trusted—and the signatures to signify that the judgment United States of America, the country White House is the first to tell us they had been carried out. that Ronald Reagan used to call a shin- can’t—but if the press can be trusted,

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.203 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE February 7, 2017 CONGRESSIONAL RECORD — SENATE S833 in a Washington Post article of Janu- courts of the land from implementa- When it came to clemency, Senator ary 31, 2017, we see a very clear work- tion and he has dismissed an Attorney SESSIONS fiercely criticized President ing relationship that extends beyond General. No other new President, in 19 Obama, saying he commuted sentences the would-be Attorney General JEFF days, can point to that happening. It is in ‘‘an unprecedented reckless man- SESSIONS and the new President Donald an indication of the types of policies he ner.’’ Senator SESSIONS also said: ‘‘So- Trump but includes a former key staff- is promoting. It is also an indication called low-level non-violent offenders er for Senator SESSIONS, Steve Miller, that in the future, he is likely to again simply do not exist in the Federal sys- and a man named Steve Bannon, who is test the separation of powers in this tem.’’ with Breitbart News and is now a polit- government. When it came to changing the law ical inspiration to the Trump White In this context, the need for an inde- that led to Alton Mills sentence, Sen- House. It appears that they have a very pendent Attorney General has never ator SESSIONS led the opposition. I ap- close working relationship among been greater. We need an Attorney preciate the work we did together on them. That in and of itself is not trou- General who will not just serve as the the Fair Sentencing Act of 2010. But bling, except when you look at the President’s lawyer or cheerleader but every time I have returned to Senator issues they have worked on closely to- who will defend the constitutional SESSIONS and asked him to work with gether—the issue of immigration, the rights of everyone, including pro- me for the thousands still stuck in Executive orders, of which the Post tecting those rights from an over- Federal prison for nonviolent drug of- said Senator SESSIONS was the ‘‘intel- reaching President, if necessary. As a fenses under the old sentencing dispari- lectual godfather.’’ That is a clear ex- member of the Judiciary Committee, I ties which we have now rejected, he re- ample pointed out by this article, and have carefully considered this nomina- fused, time and again. He has opposed that is one of the reasons it was raised tion, and I am not persuaded that Sen- every bipartisan effort, including a bill by Senator FEINSTEIN. ator SESSIONS will serve that level of that I put together with Senator I understand what Senator GRAHAM independence. GRASSLEY, Senator CORNYN, and others Also, I have strong concerns that. if has to say: that Senator SESSIONS has to allow individuals to petition on an he is confirmed, he won’t adequately been nothing more than a Senator individual basis for sentence reduc- pursue the cause of justice on a range loyal to his home State of Alabama in tions. of important issues. In his nomination his politics and in his views on issues. So to sum it up, Senator SESSIONS I do acknowledge that and can tell you hearing, Senator SESSIONS said on issue has staunchly opposed using prosecu- that, over 20 years, I have heard Sen- after issue that he would simply follow torial discretion, clemency, or legisla- the law, enforce the law, but that ator SESSIONS’s speeches repeatedly, tion to address the plight of thousands doesn’t come close to capturing the and he does take those positions. But of people like Alton Mills. What can we real role of the Attorney General. The the thing that troubles me is the ques- expect of Attorney General JEFF SES- Attorney General, as chief prosecutor tion about whether the values of the SIONS in the next 4 years when it comes in America, doesn’t just ‘‘follow the Senator from Alabama are the values to criminal justice and criminal sen- law’’; that person uses his discretion to we want in the Attorney General of the tencing reform? I am afraid we can’t determine how the law is enforced and United States. To be very blunt, in expect a caring person to take a look whom it is enforced against. Ignoring some cases, they are not, as far as I am at the simple injustice in our system. that is to ignore one of the key ele- concerned. I have listened. time and again, as ments of service as Attorney General. I understand that President Trump many other colleagues have, to the As Acting Attorney General Sally won the election, but that doesn’t Yates reminded us, the Attorney Gen- statements made by Senator SESSIONS mean, when it comes to advice and con- eral has a critical role at times in even on the issue of immigration. I have sent, that every Member of the Senate standing up to the President. The said before on this floor—and I will say has to bow and step back a few steps American Bar Association standards it again—that I am the proud son of an for every nominee proposed by this new say that the duty of the prosecutor is immigrant. For generations. America President. We have a responsibility to to seek justice, not merely to convict. has been renewed and enriched through ask what is right for America, what is I don’t have confidence, based on the immigration. Since World War II, we right in terms of values and judgments answers he has given me, that Senator have set an example to the world when that we bring to this job, as well. SESSIONS would follow that standard. it comes to providing a safe haven for It is not a happy moment for me to Here is one example. At the hearing, refugees. say this, but I do stand in opposition to I introduced Senator SESSIONS to Alton We have four Hispanic Senators in the nomination of JEFF SESSIONS to Mills of Chicago, who in his youth was this Chamber. Three of them are Cuban serve as Attorney General of the a street-level courier for drug dealers. Americans. What can we say about the United States. The reason I don’t view He was sentenced to life without parole Cuban refugees who came to the United this as a happy moment is I have and prison at age 24—life without pa- States by the hundreds of thousands to known him for 20 years. We have role at age 24 under the Federal three flee the oppression of Castro? They worked in the Senate, in committees, strikes and you are out law. He was were not subjected to extreme vetting. and on the floor. I know him person- sentenced on a nonviolent drug of- In most cases, we said: If you can find ally. I met his family. And to say that fense—no guns, no violence. He sold freedom in this country you are wel- I don’t support him for this elevation drugs a third time and got a life sen- come. They have made America a bet- to Attorney General is something that tence. ter nation for it. is hard to say, but I know that I have Even the judge imposing the sentence Since World War II, that has been to. This is not a decision I have come did not agree with it, but he said the America’s standard. Now it is being to lightly. Senator SESSIONS is a col- law said what he had to follow and his challenged. It is hard to understand league of over 20 years. But the ques- hands were tied. Alton Mills needed to how the Trump administration could tion we now face is whether he is the pay for his mistakes, but he did not consider spending so much on a Mexi- right person to be the No. 1 law en- need to spend the rest of his life in can wall that Texas Republican Con- forcement official in the United States prison. In December 2015, President gressman WILL HURD, whose district of America. Obama commuted Alton’s sentence, covers 800 miles of the southwest bor- He comes to this new opportunity in after he had served 22 years in prison. der, described as ‘‘the most expensive a sharply divided nation. We have a Under the Obama administration, and least effective way to secure the controversial new President who al- Justice Department prosecutors were border.’’ ready has seen an Executive order directed to search out low-level offend- I have come to this floor and voted blocked by the courts in what appears ers like Alton Mills and use the discre- for more money for walls and obstacles to be record time. Think about that for tion of the Department of Justice and and technology on that border than I a moment. Donald Trump has been make sure that they were given a sec- ever imagined necessary, in the hopes President of the United States for 19 ond chance. Senator SESSIONS has said that we could finally put to rest this days. In those 19 days, he has issued an that he strongly opposes these guide- notion that we could always do more. I Executive order stopped by the Federal lines. wonder what image it creates of this

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.204 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE S834 CONGRESSIONAL RECORD — SENATE February 7, 2017 country, as we continue to talk about down. JOHN LEWIS was beaten uncon- to the Voting Rights Act itself and all walls and banning travel. scious and nearly killed. the efforts of the 1960s to guarantee President Trump signed an Executive A few months after Bloody Sunday, that minorities had the right to vote in order on January 27 banning immigra- President Lyndon Johnson signed the America. She follows it with the unde- tion from seven Muslim-majority coun- Voting Rights Act into law, guaran- niable record of efforts toward voter tries, and banning refugees from those teeing that the right to vote would not suppression when it comes to minori- countries into the United States. As I be restricted through clever schemes ties in the United States. go through the list of the people who like poll taxes and literacy tests de- I pointed this out to Senator SES- were affected by this, overwhelmingly vised to keep African Americans from SIONS because he has been in denial they are women and children, victims voting. over this reality. I told him about of war, terrorism, and persecution. In 2006, Congress voted to reauthorize hearings that we held in Ohio, in Flor- Many of them have been waiting lit- that same act after holding 21 hear- ida, taking election officials, putting erally for years to come to the United ings, hearing testimony from more them under oath—officials from both States. Since World War II, we have ac- than 90 witnesses, and receiving 15,000 political parties—and asking them cepted so many refugees from Eastern pages of evidence. point blank: Before you established the Europe, from Vietnam, from Cuba, as I Congressman LEWIS said in an op-ed need for these voting restrictions in mentioned earlier, and from Yugo- about the ongoing need for that act: your State, what was the incidence of slavia. Over 100,000 Soviet Jews make Congress came to a near-unanimous con- widespread voter fraud that led you to their home in the United States be- clusion: While some change has occurred, the believe it was necessary? And the an- cause we accepted them as refugees. places with a legacy of long-standing, en- swer repeatedly was, there was none. Now President Trump has issued this trenched and state-sponsored voting dis- No incidents of widespread voter fraud crimination still have the most persistent, Executive order that is being chal- to speak of. No incidents of anything flagrant, contemporary records of discrimi- substantial when it came to prosecu- lenged in court, and we will know with- nation in this country. While the 16 jurisdic- in a matter of days whether it will be tions affected by Section 5 represent only 25 tion. Clearly the motive behind these stayed or continued, contested or if it percent of the nation’s population, they still voter suppression laws are just that— will stand as law. Acting Attorney represent more than 80 percent of the law- to suppress voters from their oppor- General Sally Yates said that she could suits proving cases of voting discrimination. tunity to vote. not stand to defend that order. She felt While Senator SESSIONS ultimately What can we expect of Attorney Gen- it was illegal and unconstitutional. voted to reauthorize the Voting Rights eral SESSIONS on this issue? I am The question, obviously, is what Act, his comments about the law have afraid, based on his statements, his would the new Attorney General, if it been very troubling. record, his voting, we can expect the is JEFF SESSIONS do, when faced with In contrast to Congressman LEWIS’s worst. that same challenge? My fear is that he statement about the need for a strong Example: A three-judge Federal ap- would not stand in independent judg- Voting Rights Act, Senator SESSIONS peals court struck down a North Caro- ment of the actions of the President. repeatedly criticized the law’s section 5 lina law that required voter ID and That to me is unfortunate and falls preclearance provision, which required limited early voting. The court found short of what we expect from the At- certain jurisdictions—including, but that the law was crafted and passed with ‘‘racially discriminatory intent,’’ torney General. not limited to, Alabama—to ‘‘preclear’’ We need someone like Edward Levi, any changes to their voting laws with in violation of the Constitution and the longtime president of the Univer- the Department of Justice. At his nom- section 2 of the Voting Rights Act. In sity of Chicago, who served as a truly ination hearing last month, Senator the decision, this Federal court noted this regarding the North Carolina stat- nonpartisan Attorney General under SESSIONS reiterated his view that sec- President Ford. He restored honor and tion 5 of the law, in his words, was ‘‘in- ute: integrity to the Justice Department trusive.’’ Before enacting [the] law, the legislature He also celebrated the Supreme requested data on the use, by race, of a num- after Watergate. Where would Senator ber of voting practices. Upon receipt of the SESSIONS stand once confirmed? Would Court’s decision in Shelby County v. race data, the General Assembly enacted leg- he defend the President’s Executive or- Holder when a divided Court—5 to 4— islation that restricted voting and registra- ders? Would he stand up to the Presi- gutted the Voting Rights Act and tion in five different ways, all of which dis- dent if he disagreed with him? I have struck down the preclearance provi- proportionately affected African Americans. strong concerns. sion. That decision left the Department We are still facing this challenge in Mr. President, one of the most impor- of Justice with fewer tools to protect America. I wish it were not the case. I tant issues when it comes to the Attor- Americans’ right to vote. Nonetheless, had hoped at this point in my life that ney General is the oversight of the on the day of that awful decision, Sen- I would be pointing to our problems Civil Rights Division, which is, in fact, ator SESSIONS stated: ‘‘[The decision with race as something from the past, the crown jewel of the Justice Depart- was] good news, I think, for the South, but it is a current challenge we face, ment, as far as I am concerned. It is re- in that [there was] not sufficient evi- and it is a challenge the Attorney Gen- sponsible for protecting the civil rights dence to justify treating them dis- eral must face squarely. I do not be- of all Americans. proportionately.’’ Senator SESSIONS lieve that Attorney General JEFF SES- Senator CORY BOOKER and Congress- was wrong to dismiss the vital role SIONS will do that, and that is why I men JOHN LEWIS and CEDRIC RICHMOND that preclearance has played in pro- can’t support him for that position. gave powerful testimony at Senator tecting voters from discriminatory Of course there is also Senator SES- SESSIONS’ hearing. They discussed their laws. SIONS’ decision as U.S. attorney to concerns about the Justice Department When Senator SESSIONS came to my bring the 1985 Perry County case when under his leadership and whether it office for a personal meeting before he was in Alabama. He prosecuted would protect the civil and voting this hearing began, I sat down with three African-American civil rights ac- rights of all Americans. I took their him and talked about the Voting tivists for voter fraud. All three were words to heart. I want to talk specifi- Rights Act. I gave to him a book writ- acquitted. That case prompted former cally about their concerns about the ten by Carol Anderson. She is a polit- Massachusetts Governor Deval Pat- Voting Rights Act. ical science professor at Emory Univer- rick, who was an attorney for the de- One month from now, we will recog- sity in the State of Georgia. The book fendants, to send a letter to members nize the 52nd anniversary of what came is entitled ‘‘White Rage.’’ Carol Ander- of our committee saying, ‘‘To use pros- to be known as Bloody Sunday—March son systematically goes through the ecutorial discretion to attempt to 7, 1965. JOHN LEWIS and Rev. Hosea Wil- history of race in America after the criminalize voter assistance is wrong liams led 600 brave civil rights activists Civil War, and she points out in each and should be disqualifying for any as- in a march over the Edmund Pettus section how Congress would, on one pirant to the Nation’s highest law en- Bridge in Selma, AL. The marchers hand, give rights to African Americans forcement post.’’ were brutally beaten as State troopers and then turn around and take them Senator SESSIONS’ statements and his turned them back and chased them away. The most recent example relates records are particularly concerning in

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.205 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE February 7, 2017 CONGRESSIONAL RECORD — SENATE S835 light of President Trump’s recent re- If confirmed to be the next Attorney the city to reform the Chicago Police peated, baseless claims about voter General, Senator SESSIONS will be re- Department. fraud in the 2016 Presidential election. sponsible for protecting the rights of And he refused to commit not to re- Make no mistake—President Trump’s all Americans, regardless of their faith quest budget cuts to the COPS and false claim that there were millions of or beliefs. That is why I am deeply con- Byrne-JAG programs and the Office of fraudulent votes cast in the last elec- cerned about Senator SESSIONS’ record, Juvenile Justice and Delinquency Pre- tion is an excuse for further voter sup- which suggests that he may prioritize vention. pression efforts. the freedom of certain faiths over oth- This is unfathomable to me. Now is It is imperative that the Department ers, and permit religious freedom to be not the time for the Justice Depart- of Justice be led by someone who val- used as a guise for discrimination. ment to turn its back on the City of ues the vital role the Department plays The Attorney General also has great Chicago and its people. It is hard to un- in protecting the right to vote. Given power to determine how the Depart- derstand how the Trump administra- Senator SESSIONS’ dismissive com- ment of Justice’s resources will be tion could think about spending $15 bil- ments about the Voting Rights Act and prioritized. I am alarmed that Senator lion on an inexpensive and ineffective his history of supporting burdensome SESSIONS will not commit to support wall and not commit to spend another voting laws, I am not confident he is funding for important programs like penny to address gun violence in Chi- prepared to do that. COPS and Byrne-JAG. And I am deeply cago. If the administration took just 1 Senator SESSIONS’ record on religious disappointed that he will not commit percent of what they want for a border freedom also raises significant ques- to increase Justice Department re- wall and used it to help Chicago imple- tions. The free exercise of religion is sources for Chicago to address the ment the mayor’s public safety plan enshrined in the First Amendment of city’s surge in gun violence. with more police, training, and youth the Constitution. However, Senator I asked Senator SESSIONS about this job programs, we could save a lot of SESSIONS has only been outspoken in when we met in person before his hear- lives. But instead Senator SESSIONS his defense of religious freedom for ing and again as part of my written and the Trump administration are some faiths. For example, he de- hearing questions. It is well known threatening to cut Federal funds for nounced a 1997 court order that limited that there’s been an epidemic of gun vi- Chicago. Their priorities are pro- prayer in Alabama public schools, call- olence facing the City of Chicago. foundly misplaced. Senator SESSIONS did say he would ing it ‘‘one more example of the effort There were more than 760 homicides in increase Federal gun prosecutions. by the courts to eliminate the natural Chicago last year, a 58 percent increase That may be helpful, but it is not expression of religious belief from pub- over the previous year. More than 4,300 enough to reduce gun violence. The lic life.’’ people were shot last year in the city. Chicago Sun-Times looked at Federal A year later, he introduced a Senate It is a crisis. resolution ‘‘affirming the right to dis- At our meeting, I handed Senator gun prosecutions over the past 5 years and found that cities like Detroit and play the Ten Commandments in public SESSIONS a copy of Mayor Emanuel’s Baltimore had significantly more than places, including government offices plan to improve public safety. The plan Chicago, but their per-capita homicide and courthouses.’’ He said ‘‘[w]e’ve got calls for hiring nearly a thousand more rates are still higher that Chicago’s. So to end the hostility toward the display Chicago police; more training and that is not enough. of the Ten Commandments in public equipment, like body-worn cameras Senator SESSIONS also seems to think places.’’ and gunshot detection technology; But he has been much more ambiva- that immigrants are at the root of more mentoring programs for youth; lent about Islam. He has referred to most of our Nation’s crime problems. and reforms to rebuild trust and co- Islam as ‘‘a toxic ideology’’ and said of That is why he pushes to withhold crit- operation between police and the com- American Muslims ‘‘our nation has an ical Federal funding to so-called sanc- munity. tuary cities. But many studies have unprecedented assimilation problem.’’ All of these are areas where the Jus- When President Trump first proposed shown that immigrants are less likely tice Department can, and must, help. his ban on Muslim immigrants during to commit serious crimes than native- The Justice Department’s COPS pro- the 2016 campaign, Senator SESSIONS born individuals. And there is no evi- gram helps local police departments said, ‘‘I think it’s appropriate to begin dence whatsoever that undocumented put more cops on the beat. The Byrne- to discuss this, and he has forced that immigrants are responsible for any sig- JAG program helps them buy equip- discussion.’’ nificant proportion of the murders in I am also concerned about Senator ment. The Office of Juvenile Justice Chicago. If sanctuary cities are the and Delinquency Prevention provides SESSIONS’ support of laws and cases problem, why did a sanctuary city like that permit individuals and companies mentoring and violence prevention New York City experience record low to discriminate against other Ameri- funds. And the Civil Rights Division crime in 2016? Senator SESSIONS’ prior- cans on the basis of religious beliefs. was invited in by me, the mayor, and ities when it comes to these issues does For example, in 2015, the Supreme the state Attorney General to review not give me confidence. Court held that marriage equality is the Chicago Police Department’s prac- I am also troubled by the casual ap- the law of the land in the landmark tices. On January 13, they reached an proach that Senator SESSIONS has Obergefell v. Hodges decision. SESSIONS agreement in principle with the City to adopted when it comes to Russian in- referred to the decision as an: pursue much-needed reforms and to terference in our Presidential election. effort to secularize, by force and intimida- seek to enforce the reforms through a Election Day 2016 is a day that will tion, a society that would not exist but for consent decree. live in cyber infamy. A foreign adver- the faith which inspired people to sail across I asked Senator SESSIONS about his sary intentionally manipulated Amer- unknown waters and trek across unknown support for these efforts, especially in ica’s Presidential election. Amid warn- frontiers. light of President Trump’s tweets ings of Russian manipulation going After disparaging the decision, Sen- where he has urged Mayor Emanuel to back to early October, President Don- ator SESSIONS went on to cosponsor the ask for Federal help—even though the ald Trump not only resisted these find- First Amendment Defense Act, which Mayor has already asked for aid—and ings, he has praised Russian President would permit widespread discrimina- threatened to ‘‘send in the Feds’’ to Vladimir Putin and dismissed the true tion against LGBTQ individuals on the Chicago. But Senator SESSIONS has nature of Putin and his threat. As basis of religious beliefs. steadfastly refused to make any com- early as July of last year, then-can- Senator SESSIONS also praised the mitment of Justice Department re- didate Trump urged a foreign adver- Supreme Court’s troubling 5–4 decision sources to help reduce Chicago’s vio- sary of the United States to conduct in Burwell v. Hobby Lobby, which held lence. He refused to commit to increase espionage against Hillary Clinton. He that the Religious Freedom Restora- Justice Department funding for Chi- said, ‘‘I will tell you this, Russia: If tion Act permits closely held, for-prof- cago. He wouldn’t even commit not to you’re listening, I hope you’re able to it corporations to deny contraceptive cut funding. He refused to commit to find the 30,000 emails that are missing coverage to employees due to religious honor the agreement in Principle that . . . I think you will probably be re- objections. the Justice Department signed with warded mightily by our press.’’ And

VerDate Sep 11 2014 06:22 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.207 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE S836 CONGRESSIONAL RECORD — SENATE February 7, 2017 President Trump, who has impulsively counsel to Mr. Trump on foreign policy stein Army Field Manual Amendment; attacked just about anyone who criti- and homeland security.’’ his past statement that the use of pris- cizes him, has not criticized the one In a July 31, 2016 interview with CNN, on chain gangs was ‘‘perfectly proper’’; person who is guilty of sponsoring this Senator SESSIONS stated the following: his opposition to laws such as the Mat- cyber attack: Vladimir Putin. What I want to tell you is that Hillary thew Shepard and James Byrd, Jr. Hate This is bigger than one election or Clinton left her email system totally vulner- Crimes Prevention Act; his questioning one person. This is about our national able to a Russian penetration. It’s probably of the 14th Amendment’s guarantee of security, and we should take it seri- clear that they have what was on that sys- birthright citizenship; and his refusal ously. tem. I have people come up to me all the to commit to recuse himself from in- For those who have been following time and say, why don’t you—if you want to find out where those 30,000 emails are, why volvement in any case, investigation or Putin’s actions over the last several don’t you ask the Russians? They’re the ones Office of Legal Counsel decision involv- years, this attack should come as no that have them . . . The big issue is, can we, ing the receipt of emoluments by surprise. Russia has conducted cyber should we be able to create a new and posi- President Trump. All of these factors warfare against Ukraine, the Nether- tive relationship with Russia. I think it’s have weighed on me as I have consid- lands, Georgia, Lithuania, Estonia, and . . . it makes no sense that we’re at the hos- ered this nomination. a host of other nations. Russia now ap- tility level we are. Mr. President, let me conclude. pears focused on disrupting the upcom- On August 15, 2016, USA Today pub- We need a nonpartisan Attorney Gen- ing German elections over Putin’s dis- lished an article entitled ‘‘Sen. Jeff eral with the independence, judgment, like of Chancellor Merkel. And it could Sessions backs Donald Trump on Rus- and backbone to stand up to a Presi- happen again here. sia Policy’’ detailing how SESSIONS dent when his actions are illegal or un- We need to know that the next U.S. changed his hawkish position on Rus- just. Senator SESSIONS is an able politi- Attorney General will take this matter sia to align with then-candidate cian. He has been an able representa- seriously as well and will be inde- Trump’s statements. It said: tive of his State of Alabama. But he is pendent of the White House. This ″Sen. Jeff Sessions, R-Ala., has long sup- not the right person to serve as Donald means allowing career Justice Depart- ported increased military spending and Trump’s Attorney General. ment prosecutors and the FBI to follow tough talk about the threat Russia poses to The Justice Department’s motto ‘‘qui the facts and the law. the U.S. and its allies in Europe. Since be- pro domina justitia sequitur’’ refers to I am concerned about Senator SES- coming an adviser to Republican presidential an Attorney General ‘‘who prosecutes nominee Donald Trump, however, those prin- SIONS when it comes to this assign- on behalf of justice.’’ Based on his ciples appear to have undergone some revi- ment. I asked Senator SESSIONS ques- sions. Trump has upended traditional con- record and his responses to questions tions about this. In his written re- servative caution toward Russia by exchang- over the past few weeks, I am not con- sponses, he admitted that he has not ing niceties with President Vladimir Putin fident Senator SESSIONS would be such even read the January 6 intelligence and expressing hope for warmer relations. an Attorney General. I cannot support community assessment on Russian in- And Sessions, a frequent surrogate for the his nomination, and I will vote against volvement in the U.S. election—neither Trump campaign in public appearances, is him. the classified nor the unclassified nodding in agreement.’’ Mr. President, I yield the floor. version. As recently as last week, Sen- On October 7, 2016, Politico published I suggest the absence of a quorum. ator SESSIONS admitted he still has not a story entitled ‘‘Lobbyist advised The PRESIDING OFFICER. The read this report. Trump campaign while promoting Rus- clerk will call the roll. The unclassified version incidentally sian pipeline: Richard Burt helped The bill clerk proceeded to call the is just a few pages if you don’t count shape the candidate’s first foreign-pol- roll. the annexes. I read it in less than 15 icy speech while lobbying on behalf of Mr. LEAHY. Mr. President, I ask minutes. a Moscow-controlled gas company.’’ unanimous consent that the order for Senator SESSIONS, seeking to be the The Politico story noted that the lob- the quorum call be rescinded. top law enforcement official in the byist in question ‘‘attended two din- The PRESIDING OFFICER. Without land, should have found time to read ners this summer hosted by Alabama objection, it is so ordered. this report. His failure to do so is inex- Sen. JEFF SESSIONS, who had been Mr. LEAHY. Mr. President, this week plicable. This does not give me con- named chairman of Trump’s national we have to decide whether Senator fidence that Senator SESSIONS is giving security committee’’ and that the lob- SESSIONS, somebody whom many of us this matter the attention it deserves. byist ‘‘was invited to discuss issues of have known and worked with for many I also asked Senator SESSIONS if he national security and foreign policy, years—I certainly have during all of would commit not to impede or termi- and wrote white papers for Sessions on the time he has been in the Senate—is nate ongoing Justice Department or the same subjects . . . ‘’ the right person to lead the Depart- FBI investigations into Russian in- In an October 30 interview with ment of Justice. I thought long and volvement in the 2016 election. He DefenseNews, Senator SESSIONS said, hard on it. I decided he is not. I would would not make any commitment ‘‘The United States and Russia should like to share a few reasons why. about allowing investigations to con- be able to be far more harmonious than In fact, the Trump administration tinue if confirmed. we are today.’’ itself underscored what is at stake And I asked Senator SESSIONS if he Clearly, an investigation into the re- with this nomination. When the admin- would recuse himself from any FBI or ported Russia-Trump allegations has istration accused Acting Attorney Gen- DOJ investigation into Russian efforts the potential to significantly impact eral Sally Yates of having ‘‘betrayed to influence the election. He said he the interests of Senator SESSIONS’ the Department of Justice,’’ it exposed was not aware of a basis to recuse him- soon-to-be-boss, if he’s confirmed, and a view of the Justice Department that self. his close political ally. is disturbing and dangerous. The claim Well, Department of Justice regula- Again, Senator SESSIONS’ answers to that Ms. Yates ‘‘betrayed’’ the Depart- tions call for recusals from investiga- my questions do not give me con- ment by refusing to defend the Presi- tions due to personal or political rela- fidence. In the end, the American peo- dent’s illegal and shameful Executive tionships. And it is clear that Senator ple deserve the truth about Russian in- order—you have to believe that in the SESSIONS has a close relationship with volvement in our election. The stakes Attorney General’s office, your job is President Trump, including on Russia too high to ignore. to defend the President at all costs. issues. Senator SESSIONS was a promi- There are other aspects of Senator That is wrong. I think Senator SES- nent supporter of the President’s cam- SESSIONS’ record that give me serious SIONS knows that. paign. concerns about what his priorities There is a reason the Justice Depart- On March 3, 2016, then-candidate would be if confirmed as Attorney Gen- ment is not led by a Secretary of Jus- Trump announced that SESSIONS would eral, including his vote against reau- tice: the Attorney General is the peo- serve as chairman of Mr. Trump’s Na- thorizing the Violence Against Women ple’s attorney, not the President’s at- tional Security Advisory Committee Act; his votes against the Detainee torney. The Trump administration has and that he would ‘‘provide strategic Treatment Act and the McCain-Fein- already shown us why this distinction

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.208 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE February 7, 2017 CONGRESSIONAL RECORD — SENATE S837 matters. Within its first two weeks, cute his views. What’s wrong with Take, for example, the President’s the current administration found itself that? But if the views the President many conflicts of interest. For months, rebuked in numerous Federal courts wants to execute are unlawful, should there has been media coverage about around the country. Its extreme agen- the Attorney General or the Deputy President Trump’s conflicts of interest da cast a shadow over all the Presi- Attorney General say no?’’ and the constitutional concerns they dent’s nominees. This is an administra- Ms. Yates answered that her duty present. Yet Senator SESSIONS repeat- tion that was even criticized yesterday was to the Constitution. Just two years edly evaded my written questions on by a very conservative Republican, later she proved that by telling the this topic by claiming that he has ‘‘not John Yoo, in a New York Times op-ed President that his travel ban was inde- studied the issue.’’ entitled, ‘‘Executive Power Run fensible under the law. Perhaps she was I asked Senator SESSIONS whether Amok.’’ You know there is a problem remembering the commitment she President Trump should follow guid- when the same man who twisted the made to Senator SESSIONS, and that is ance from the Office of Government law in order to green-light torture exactly what she did. Ethics and divest from assets that thinks you have gone too far. Many around Senator SESSIONS felt might create a conflict of interest. The President seems to have a pench- that she never should have stood up to Senator SESSIONS said that he has not ant for going too far. During the cam- President Trump. She should stand up studied the issue. paign he promised—and he said this a to President Obama but not President I asked Senator SESSIONS whether number of times; it was covered in the Trump. President Trump receiving payments press—he would implement a Muslim I have reviewed Senator SESSIONS’ from entities controlled by foreign gov- ban. He actually stood before the cam- long record. I have reviewed his re- ernments raises any concerns under eras and said that. As President, he sponses to many questions from mem- the Emoluments Clause of the Con- then signed an Executive order that bers of the Senate Judiciary Com- stitution, which forbids such payments barred immigration from certain Mus- mittee. I am not convinced that he is absent Congressional consent. Senator capable of telling the President no. lim-majority countries but created an SESSIONS said that he has not studied Under oath, Senator SESSIONS denied exception that gave preference to the issue. that he was involved in creating the members of minority religions in those I asked Senator SESSIONS whether Muslim ban Executive order. Well, I countries; that is, non-Muslims. He President Trump’s family members will take him at his word, but Senator even spoke to a Christian press organi- who are running the organization that SESSIONS’ views on this issue are well he still owns should participate in pol- zation stating he would protect Chris- known to Members of the Senate Judi- icy discussions or meetings with for- tians. That is nothing more than a ciary Committee. In 2015 I offered a eign governments. Again Senator SES- Muslim ban by another name. simple resolution in the committee. It My parents and grandparents fought SIONS said that he has not studied the expressed the sense of the Senate that religious biases in this country. I have the United States must not bar individ- issue. always felt one greatness of this coun- Senator SESSIONS has refused to ac- uals from entering into the United try is when we said there would be no knowledge that there is a conflict of States based on their religion—a very interest for a President to have a per- religious bias and we would actually simple resolution. Every Democrat, sonal financial stake in the policies stand up for the First Amendment. The most of the Republicans—including the First Amendment says you can prac- pursued by his administration. Actu- Republican chairman, Senator GRASS- tice any religion you want or none if ally, that is definition 101 of a conflict LEY—voted in support of my resolution. you want, and it gives you freedom of The committee recognized that impos- of interest. The President should not speech. Now if you have a country and ing a religious test for those who seek personally profit from their decisions. a government that protects your right to enter this country violates our most This answer was particularly troubling because I know that he knows the right to practice any religion you want and cherished values, but Senator SESSIONS protects your right of free speech, then broke away from the majority of his answer. Senator SESSIONS told Senator that same government is protecting di- Republican colleagues, and he strongly FEINSTEIN at his hearing: ‘‘I own no in- versity, and if you have diversity, it is opposed the resolution. I found that dividual stocks because I want to be very easy to have democracy. deeply concerning in 2015 when he was sure that I don’t have conflicts of in- When a Federal judge in Washington a Member of the committee. I find it terest.’’ He added, ‘‘I want to adhere to State temporarily blocked this order, even more disturbing now that he high standards.’’ Well, I appreciate President Trump did not express re- seeks to be our Nation’s top law en- that. But Senator SESSIONS—and I as- spectful disagreement as every Presi- forcement official. We need an Attor- sume Attorney General Sessions—ap- dent I have ever known, Republican or ney General who will stand in the way parently refuses to hold the President Democrat, would. He took to Twitter— of religious discrimination, not one to any standards at all. Twitter, like a teenage kid—to attack who endorses it. In fact, his woeful blindness extends the judge’s legitimacy, labeling him a Today I am introducing a very simi- even to the Russian interference into ‘‘so-called judge.’’ President Trump at- lar resolution. It reaffirms that no one our democracy. In response to ques- tempted to blame this judge who was should be blocked from entering into tions in the Intelligence Committee’s nominated by a Republican President the United States because of their na- report on Russian interference—the in- and confirmed by a Republican-led tionality or their religion. I invite Sen- telligence community found without a Senate for any future terrorist attack ator SESSIONS—and I invite all Sen- doubt that we had Russian influence in on this country. The President’s words ators—to cosponsor this resolution. our democracy—he said: ‘‘I have not re- are beyond outrageous. It is almost as Senator SESSIONS is still taking an ac- viewed the report, but I have no reason though he wants to precipitate a con- tive role in the Senate, including vot- not to accept the intelligence commu- stitutional crisis. ing on controversial Cabinet nominees nity’s conclusions as contained in the That is why the question of who for President Trump. If he cosponsored report.’’ should be our next Attorney General is it, it would help to reassure Americans Well, if he hasn’t read the report on so critical. This is a President who that he stands against religious dis- something as critical as this, I suspect must have an Attorney General who is crimination and religious tests. he is one of very few Senators who willing to stand up and say no for going But my concerns about whether Sen- hasn’t. I asked him whether the activi- beyond the law. Sally Yates knew that. ator SESSIONS would be willing to tell ties described in the report are illegal: Two years ago, Senator SESSIONS asked President Trump no extend well be- Are they a threat to our democratic Ms. Yates: ‘‘Do you think the Attorney yond religious tests. In fact, in his tes- process? For anyone other than Presi- General has a responsibility to say no timony before the Judiciary Com- dent Trump, that is not a difficult to the President if he asks for some- mittee, both Republicans and Demo- question. Reading the report, the an- thing that’s improper? A lot of people crats, he did not demonstrate to the swer should be an obvious yes, but Sen- have defended the Lynch nomination, Judiciary Committee that he would be ator SESSIONS refused to answer. If for example, by saying, well, he ap- willing to tell the President no on any Senator SESSIONS is not willing even to points somebody who’s going to exe- issue, no matter how objectionable. acknowledge facts that make President

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SIONS refuses to admit as much. the Attorney General, a position which Senator SESSIONS also refused to an- So his close ties to President Trump he is going to be responsible for is de- swer questions from all nine Democrats and the important role he played in fending the fundamental rights and lib- on the Judiciary Committee on how he forming President Trump’s agenda erties of the American people—all of would respond if President Trump pres- raise important questions about his us—whether you were supporters dur- sured him to end any investigations impartiality in matters involving the ing the last campaign of President into Russian interference in our elec- President. I asked him several times, Trump or Secretary Hillary Clinton. tions. What is the scenario in which he would But even though Senator SESSIONS is There is absolutely nothing in Sen- recuse himself, given clear conflicts of supposed to defend our fundamental ator SESSIONS’ testimony before the interest? But he brushed those ques- rights, we see President Trump con- Judiciary Committee that gives me tions off. He claimed he was ‘‘merely tinuing to praise Russian President confidence that he would be willing to . . . a supporter of the President’s dur- Vladimir Putin, who has repeatedly stand up to the President. He has dem- ing the campaign.’’ Well, that would be demonstrated his disdain for freedom onstrated only blind allegiance. This is fine, but I think Senator SESSIONS is of speech, of association, of due proc- a President who first cited what is now selling himself short. ess, and of the rule of law. called ‘‘alternative facts’’ to deny his He was widely reported to be a cen- In less than a week the President has small crowd size at the inauguration, tral figure in the Trump campaign. A attacked a Federal judge for per- but now he is citing ‘‘alternative facts’’ key figure in the Trump campaign, forming his constitutional duty. He has to excuse murders and assassinations Steve Bannon, called him the Presi- called unfavorable polls ‘‘fake.’’ He has by Putin’s regime. That should alarm dent’s ‘‘clearinghouse for policy and continued to discredit as ‘‘dishonest’’ us all. It shouldn’t matter what party philosophy.’’ any media outlet that dares criticize This relationship appears to fly in you belong to; as Americans, that him. His spokesperson, Sean Spicer, the face of the Justice Department’s should alarm us. echoes these sentiments. They sound recusal standards. The Department’s Later tonight I will describe my con- remarkably like what one would expect standards mandate recusal when the cerns about Senator SESSIONS’ record to hear from Vladimir Putin. on civil rights issues. But I have one attorney has ‘‘a close identification In fact, President Trump has done concern that is made much worse, with an elected official . . . arising this while reiterating his support of from service as a principal adviser given Senator SESSIONS’ lack of inde- torture and his admiration of Putin. thereto or a principal official thereof.’’ pendence from President Trump. I am Remember, Putin’s critics continue to I asked Senator SESSIONS the obvious particularly worried that, if confirmed, turn up dead. Putin has stolen tens of question—whether that language would Senator SESSIONS will fail to protect billions of dollars that were taken in apply to his relationship with Presi- Americans’ constitutional right to bribes from oil and gas and other in- dent Trump, but he refused to say one vote. There is nothing more sacred in a dustries. President Trump seems un- democracy than the right to vote. Yet way or the other. The Justice Department has to be aware of this, or is unconcerned about Senator SESSIONS called it ‘‘a good day independent because it is the chief law it, even though everybody knows about for the South’’—not for the country enforcement department in our govern- it. but for the South—when the Shelby It is hard to avoid the conclusion ment. But I worry about that independ- County decision, which effectively gut- ence in this administration. It is al- that, after repeatedly lauding Putin’s ted the Voting Rights Act, was handed ready clear that if you say no to this leadership, Trump is now attempting down, something that virtually every President, there goes your job. Now to emulate Putin’s efforts to spread Republican and Democrat in both the more than ever, we need an Attorney misinformation, chastise his critics, House and Senate voted for that Presi- General who is willing to pay that cost and intimidate those responsible for dent Bush signed into law. for the good of the country—for the upholding the law. His assaults on any- The fact that Senator SESSIONS voted good of the country. Country out- one he perceives to be standing in his to reauthorize the Voting Rights Act weighs any partisan interest of a par- way, including a Federal judge nomi- in 2006 doesn’t give me much comfort ticular officeholder or a particular nated by President George W. Bush, is when immediately after that unani- President. even worse than his routine expres- mous vote, he turned around and ar- I am not convinced that that kind of sions of contempt for political norms gued, notwithstanding his vote, that it independence describes Senator SES- that seem to be coming straight out of was unconstitutional. SIONS. He has not demonstrated the Stephen Bannon’s playbook. Not only We cannot view his record on this independence that he himself used to has the President expressed little, if issue in isolation because if he is nomi- demand of nominees. any, concern that every U.S. intel- nated and confirmed to be President David Frum, a former speechwriter ligence agency—every U.S. intelligence Trump’s Attorney General—well, we for President George W. Bush, recently agency—believes that Russia sought to know the President has his own views wrote an article in the Atlantic ad- influence, and quite possibly did influ- on voting in America. Several Repub- dressing whether someone should ac- ence, the Presidential election, and licans, like the Speaker of the House, cept an invitation to serve in the that Putin himself was involved, but Mr. RYAN, and our own colleague Sen- Trump administration, given the real Senator SESSIONS, who campaigned for ator GRAHAM, have rightly condemned risks that there may be tremendous the President, refused to recuse himself President Trump’s wild conspiracy the- ‘‘pressure to do the wrong thing.’’ The from decisions related to Russia’s ory that there millions of illegal votes ‘‘very first thing to consider,’’ said the cyber attacks. cost him the popular vote, which he former Bush speechwriter, is, ‘‘How Can anybody imagine what the Re- lost by nearly 3 million votes. I fear sure are you that you indeed would say publican leadership would be saying if that continuing this dangerous false- no? And then humbly consider this sec- the table was turned? They would try hood can be used to justify further at- ond troubling question: If the Trump to shut down the government to hold a tacks on the hard-won right to vote for administration were as convinced as new election. racial minorities, students, poor and you are that you would do the right Failing that, they would demand elderly citizens. thing—would they have asked you in that an independent commission be es- What bothers me the most is that the first place?’’ tablished to investigate the Russian Senator SESSIONS again refused to ac- In the case of the nominee before hacking, and they would insist that the knowledge the fundamental and plainly us—the Trump administration’s ‘‘clear- nominee for Attorney General pledge visible fact that the President is flat inghouse for policy and philosophy,’’ as to recuse himself. out wrong that there were 3 million il- Mr. Bannon called him—I fear the an- Well, along with Senator DURBIN and legal votes cast. Senator SESSIONS re- swer to these questions is clear. That is others, I have called for such an inde- sponded to me that he doesn’t know why I am going to be voting against pendent commission outside of Con- what data the President may have re- this nominee. gress, but the Republican leaders have

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.211 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE February 7, 2017 CONGRESSIONAL RECORD — SENATE S839 summarily rejected it. It is cynical pol- in this position impacts the lives and tion,’’ and ‘‘the independence of the ju- itics at its worst that puts partisanship livelihoods of everyday Americans, im- diciary is not up for negotiation . . . over the integrity of our elections. plicating everything from our immi- independence from party politics, inde- President Trump and Senator SES- gration system to law enforcement, to pendence from Congress, and independ- SIONS both speak about the importance civil rights, national security, capital ence from the president of the United of law and order. President Trump and punishment, sentencing, and the U.S. States himself.’’ Vladimir Putin seem to agree about Supreme Court. Ms. Klein called upon all lawyers to what those words mean. Senator SES- This job is one I know well. Like defend the rule of law in light of these SIONS has said nothing to suggest that some of my colleagues, I served as U.S. attacks on the Constitution. I echo he disagrees, even though the Congres- attorney in the Department of Justice this call proudly today, the importance sional Republican leadership recog- as the chief Federal prosecutor for Con- of which cannot be overstated. No- nizes Putin as a dangerous thug who necticut, for several years, reporting to where is that job more significant than tramples on the rule of law. the U.S. Attorney General, and, then, the Department of Justice and the At- Why does our President keep praising for several years afterward, as a pri- torney General of the United States as this man who assassinates his critics, vate litigator, and, then, for 20 years as head of that Department. The agency who has killed people who have criti- attorney general of the State of Con- is tasked with seeking and achieving cized him in the media, who has stolen necticut. I fought alongside, and some- justice, not with carrying out the so much money, and taken so many times against, the U.S. Attorney Gen- President’s agenda as a priority. bribes? He has become one of the eral and the armies of lawyers at his That does not mean lawyers at the wealthiest people in the world, but he disposal. In fact, the Attorney General Department of Justice who are cur- is not a person to praise. We have a lot commands thousands of lawyers who rently defending the orders in court are of leaders in our own country—both embody his power to speak on behalf of acting improperly or wrongly. What it Republicans and Democrats—whom we the United States. His job is to protect means is, the country needs an inde- can praise, but not Vladimir Putin. the public from criminal offenders and pendent justice system staffed by peo- I think we have to be careful. We to convict the guilty, but also to pro- ple who are ready to stand up and have to care about the integrity of our tect the innocent who may be wrongly speak out to a President whose orders democracy, about due process, the rule accused and to assure that justice is may contravene constitutional law. of law, and about the constitutional done. We saw this principle in action last checks and balances that distinguish In fact, as Justice Jackson said about week. We saw what it really means to this country from autocracies like Rus- the role of the U.S. Attorney General, serve at the Department of Justice and sia. We should expect the nominee for which he filled, he is to seek justice, represent not the President but the Attorney General to demonstrate that not just win cases. I know how power- American people, the Constitution, and he will defend these principles, not to ful this position can be and how crucial the rule of law. Former Acting Attor- remain silent when they are attacked, the Attorney General is not as the ap- ney General and Deputy Attorney Gen- even if the person attacking them is pointee of a politician but as a servant eral Sally Yates took a stand based on the President of the United States. of justice. moral and legal principle, and I thank Mr. President, I see the distinguished In discharging this sacred obligation, Ms. Yates for her courage and strength senior Senator from Connecticut on the Attorney General must always re- in that action. Holding herself to the the floor. main independent, not just in reality highest traditions of the Department of I yield the floor. but in appearance. His decisions must Justice, Ms. Yates said that in her The PRESIDING OFFICER (Mr. supersede partisan politics. In most judgment these orders cannot be de- JOHNSON). The Senator from Con- cases, there is, in fact, no recourse fended, that the rule of law and moral- necticut. from his decision without political in- ity is more important than the politics Mr. BLUMENTHAL. Mr. President, I terference, which would be improper. of the moment and the impulsive am honored to follow my distinguished He is not just another government law- edicts of a ruler who apparently fails to colleague from Vermont who has led yer. He is not just another Cabinet po- uphold the law. Her actions raised the the Judiciary Committee with such vi- sition. He is the Nation’s lawyer. He is question of whether the next Attorney sion and courage over so many years, the people’s lawyer. He must be the Na- General will have the same courage and whom I respect as a former pros- tion’s legal conscience. and strength. ecutor, as I am, as well as a litigator This job requires a singular level of Ms. Yates demonstrated genuine grit and a conscience of the Senate. intellect and integrity, and a non- and grace in standing strong for the I am deeply concerned that our Na- partisan, but passionate devotion to rule of law. Her actions are in the long, tion is careening toward a constitu- the rule of law. proud tradition of the Department. Not tional crisis, a legal nightmare that Over the past week, as our Nation’s since Watergate has an Attorney Gen- will test the independence of the judi- courts did their job and sorted through eral or Acting Attorney General been ciary and require the utmost resolve the implications of the President’s fired for acting in accordance with and integrity from everyone involved hasty, ill-conceived, and illegal Execu- their conscience and the rule of law. in the justice system and from the Con- tive orders, President Trump called Unfortunately, President Trump gress, because only the Congress may into question the very integrity of our threatens to return us to that era. He provide the kind of check on the ongo- judicial system. Not only did he label has made his intentions clear: The De- ing assault against our court system. U.S. District Court Judge Robart a ‘‘so- partment of Justice will not be an President Trump repeatedly has tried called judge,’’ but he also suggested independent authority acting on behalf to put himself above the law, and in that the American people should blame of the American people. Instead, it will just a few weeks has moved from scorn- him and our ‘‘court system’’ if some- be just another enabler of the Presi- ing conflict-of-interest and disclosure thing should happen as a result of the dent’s ongoing efforts to substitute his principles to promulgating destructive, court’s blocking his Executive order. whims and wishes for legal and ethical discriminatory Executive orders, and In this anticipatory blame, the blus- responsibilities. openly attacking the judiciary. His ter and bullying are inappropriate and I believe the President’s orders are personal invectives and insults are un- un-Presidential, and I believe they misguided and illegal. The courts will precedented for the President of the threaten harm to our democracy as rule in days. His orders are wrong, in United States against the judiciary. well as the judicial system. no small part, because they threaten to Without respect for the rule of law and The comments were deeply dis- take away one of the primary reasons the court system, democracy fails. No turbing to all of us who believe in the why ours is the greatest country in the Cabinet member has more responsi- integrity of the judicial system—in- history of the world—the country that bility to ensure that the justice system cluding the American Bar Association, my father, a refugee from Nazi Ger- is given this necessary respect and which said through Linda Klein, its many, sought in 1935. He arrived here trust than the Attorney General of the president, that ‘‘personal attacks on at 17 years old with not much more United States. The sweeping authority judges are attacks on our Constitu- than the shirt on his back, speaking

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.212 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE S840 CONGRESSIONAL RECORD — SENATE February 7, 2017 little English, knowing just about no President Trump’s vast business As we all know, declaring abortion il- one. This country gave him the chance holdings present an unprecedented legal solves no problem. Laws against to succeed. threat of conflict of interest. Yet the abortion do not stop them from hap- I think about how sad and ashamed President has not only refused to di- pening, it simply stops them from hap- he would be if he saw the actions taken vest himself, he has mocked the idea pening in a safe, legal manner. Laws by this President: orders to ban people that he should. Should conflicts arise, that restrict abortion force women to from coming into this country because the Attorney General must be willing put their own lives at peril rather than of their religion; prioritizing one reli- to maintain impartiality, including ap- enjoying full freedom. Yet Senator gion against another and raising fears pointing a special counsel or pros- SESSIONS’ congressional record and that do damage to our core constitu- ecutor if necessary. There are so many hearing show that he is inherently op- tional principles. scenarios requiring this step. Yet when posed to providing women with the Barring refugees like children who I asked Senator SESSIONS about en- ability to make those preeminently are harmed in other lands seeking to forcement of cases against illegal con- private health care decisions. come to this country deprives us of the flicts of interest involving the Presi- He has gone on record stating he be- great talents, gifts, and energy that dent and his family—such as violations lieves Roe v. Wade was constitu- have helped to shape and build this of the emoluments clause or the tionally unsound and wrongly decided. country because we are truly stronger STOCK Act—he equivocated. When I He voted against an amendment that as a result of our diversity. We are a asked him about appointing a special expressed constitutional support for nation of immigrants. Our strength counsel to investigate criminal wrong- the underlying Supreme Court deci- comes from the talents, energy, and vi- doing at Deutsche Bank, owed more sion. Most troubling, he supported a brancy of these individuals who come than $300 million by President Donald constitutional amendment to ban abor- to this country as children with their Trump, he equivocated. When I asked tion with only a few inadequate excep- parents. him about the investigation of Russian tions. It is no surprise that he has been This order makes us less safe because hacking, he equivocated. His answers supported by extremist groups like Op- it provides a recruiting tool to extrem- to questions I submitted to him in eration Rescue. As Attorney General of ists like ISIS. We are at war with ISIS, writing were no better. Those answers the United States, Senator SESSIONS and we must win that war. It frays give me no confidence that he will be would be tasked with protecting the trust between law enforcement and an independent, nonpolitical enforcer very women whose rights he has criti- Muslim communities, but it also weak- against conflicts of interest and offi- cized. ens us in a deeper moral sense. It is cial self-enrichment that the Nation Far too many women seeking to ex- wrong. It is morally wrong. It is wrong needs. At a moment when the incoming ercise their constitutional rights are for this great country, devoted and administration faces ethical and legal already faced with violence and harass- ment outside of health clinics. I know founded on the ideals welcoming people controversies that are unprecedented only too well the kind of intimidation seeking that beacon of hope, oppor- in scope and scale, Senator SESSIONS and fear-inspired actions that can take tunity, and protection. has simply given us no confidence that place because as attorney general of The rule of law protects us from he will appoint an independent counsel my State, I enforce the statute to pro- these moral harms, but the rule of law or demonstrate the independence that depends on people. Fortunately, even tect those clinics. is necessary. Those women look to the Depart- as we have seen the harms of these past His record over many years and his ment of Justice to enforce the Federal few days play out in real time, we have recent testimony fail to demonstrate law that prohibits interference with also seen people who are willing to the core commitments and convictions people seeking to access these clinics, stand strong against them. People have necessary to be our next Attorney Gen- and it keeps them safe. There is a very gone to the streets in marches and ral- eral. He has failed to show how he can real concern about whether these lies in the New Haven Green and in be that legal conscience, that unmis- women will receive the same protec- front of our State capitol in Con- takable, unshakable, ethical voice tion under Senator SESSIONS’ tenure. necticut, and all across our State, say- independent from the White House. He With limited resources across the De- ing it is not only wrong, but they will has failed to prove that he will be a partment of Justice, decisions must be rally against this wrong. champion of constitutional rights. In- made by the Attorney General in set- All of these points are simply to say deed, his career demonstrates an antip- ting priorities for enforcement. that the position of Attorney General athy and hostility to the very rights Senator SESSIONS’ past positions and is so important because he must stand and liberties that the Nation’s chief stances make clear that the protection strong as well for the rule of law. He law enforcement officer must always of women’s rights is far from a priority must be able to speak truth to power. promote proactively, as well as defend. for him. He told me at the hearing that He must have the courage and strength Focus for a moment, shall we, on he would ‘‘enforce the law.’’ But when to say to the President of the United some of the rights that affect women important constitutional rights are States: This order is unconstitutional, and their privacy. Women comprise under threat, American women need not just unwise and unwarranted but more than half the population, but un- more than someone who will simply illegal. fortunately our society and our laws follow or enforce the law. They need a I have, unfortunately, reached the have too frequently prevented them champion and so do all of our civil conclusion that Senator SESSIONS can- from achieving the equality that every rights and civil liberties and voting not be counted on to play that role, to American should enjoy. Over the rights and other key freedoms. defend the rule of law, to be a cham- course of his career, Senator SESSIONS I am disturbed as well by Senator pion of civil rights and civil liberties, has opposed key legislation that pro- SESSIONS’ vote against reauthorizing not to just follow the law but to lead in tects and further enhances women’s the Violence Against Women Act. He this challenge that faces our country rights. As a Senator, that trend was has stated that he does not oppose the as never before because our rights and worrying. As Attorney General of the principle or some of the provisions of liberties are now threatened as never United States, it must be disqualifying. the law, and I take him at his word, before. He must be a vigorous advocate, In 1973, the Supreme Court recog- but the circumstances behind his vote not a passive follower of the law. nized a vital constitutional right of are no less disturbing. We must recog- Senator SESSIONS showed this point privacy for women. It is a right that is nize that our Nation’s tribal commu- to me through his testimony at his both basic and fundamental, now en- nities face epidemics of both domestic hearing and his subsequent responses. shrined in five decades of precedent, and sexual violence. Studies show that While he must be ready to say no to that women have the freedom to almost three out of five Native Amer- the President, what we saw dem- choose what medical procedures they ican women have been assaulted and onstrated so vividly is that Senator will undergo to make private health that one-third of all Native American SESSIONS’ record and testimony indi- care decisions and personal reproduc- women are raped during their lifetime. cates he is unwilling or unready to per- tive rights decisions without inter- The VAWA Reauthorization of 2013, form his core tasks. ference from the government. the Violence Against Women Act, that

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What it does is it em- power over non-Indian defendants who freedoms in this office facing the braces a discipline for how you budget commit domestic violence against Na- threat that is more real and urgent to bring about the right solutions in tive Americans in Indian Country. Be- than ever before in our history. terms of what you do budget. fore the reauthorization act, tribal Just hours ago, I received a million What the biennial budget process courts lacked jurisdiction to prosecute signatures on a petition from civil does is it says this. We would be far these horrific crimes and often the rights groups. They are contained better off if we had more oversight of assaulter would escape prosecution en- magically on a thumb drive that is so spending, more authorization projects, tirely. easy to display, even if the signatures and more discipline in the way we During his confirmation hearing, are not readily visible, but these mil- spend money we are already spending Senator SESSIONS told us that he had lion brave and steadfast individuals before we start appropriating more. ‘‘a big concern’’ about that jurisdic- and the organizations that represent Therefore, in every even-numbered tional provision in the reauthorization them. The Leadership Conference on year, we ought to do oversight of our act. He was concerned that the law Civil Rights and Liberties, other spending, we ought to do account- would leave non-Native Americans groups that have proudly and actively ability in our spending processes, we open to prosecution under tribal law, worked on this cause are to be ought to do accountability in our despite safeguards in the bill that were thanked, as are the advocates through- spending process, and we ought to do clear and unequivocal. The large gaps out the country who have galvanized no appropriations. that the original law left were appar- public opinion, raised awareness, and In our odd-numbered years, the non- ently acceptable to him. shown what democracy looks like. election years, is when you appro- Additionally, the VAWA reauthoriza- This is what democracy looks like. priate. Every other year you are spend- tion included a nondiscrimination This is what America looks like. This ing, and then every other year you are clause. This provision protects mem- is what Connecticut looks like—people doing accountability. What that causes bers of the LGBT community from dis- rallying and rising up against an un- is the cream to rise to the top. All of a crimination in housing and employ- constitutional immigration ban, sudden in 1 year, instead of depart- ment, schools, and other areas of civil against a set of nominees that fail to ments coming to say we don’t have rights cases. reflect and serve America against an time to oversight, we have to authorize Senator SESSIONS also took this issue Attorney General nominee, in par- more, they come to you and say: Here with the nondiscrimination provisions ticular, who cannot be relied upon to is how we spent our money, here are in the reauthorization act, including actively and aggressively, vigorously, the savings we have found, and here is the protection for LGBT individuals. and vigilantly protect our constitu- how we want to move forward in a He took issue with those provisions. tional rights and liberties. We need a more efficient way. I am concerned, also, by several champion of those rights and liberties. It is a little bit like my kitchen table other votes that Senator SESSIONS took I regretfully oppose JEFF SESSIONS as and my family. All the way through in 2004. He voted against extending our next Attorney General because we my 49 years of marriage, my wife and I Federal unemployment benefits to peo- cannot count on him to do so, and I and our kids have sat around the kitch- ple who leave their jobs as a result of urge my colleagues to join in this oppo- en table, decided what our family pri- being victims of domestic or sexual as- sition. orities are, from our vacations to our sault. Mr. President, I yield the floor. jobs, and then we budget our money for In 2009, he voted against an amend- The PRESIDING OFFICER. The Sen- that year so we can pay our bills, enjoy ment which would have strengthened ator from Georgia. the time we had together, and end up the rights of victims of wage discrimi- Mr. ISAKSON. Mr. President, I ask not being broke at the of the year. nation, contributing to the roadblocks unanimous consent that following my 5 What happens when you don’t do that and hurdles that women encounter minutes, the distinguished senior Sen- and you are a government is you end while facing issues of inequality. ator from New Hampshire, Mrs. SHA- up owing $19 trillion and don’t know As recently as March of 2015, Senator HEEN, be recognized for 5 minutes; and how to pay for it. We cannot continue SESSIONS voted against the Paycheck following Mrs. SHAHEEN, the distin- to spend at the escalated rate that we Fairness Act, a vote he has taken mul- guished whip of the Republican Party, are spending without more account- tiple times before. These bills sought Mr. CORNYN, be recognized. ability on the process so I think the bi- to strengthen women’s rights and op- The PRESIDING OFFICER. Without ennial process is the right way to go. portunities in the workplace. objection, it is so ordered. There is some documentation for In 2017, our world is one where BIENNIAL BUDGET PROCESS that. The distinguished Senator from women still struggle to obtain the Mr. ISAKSON. Mr. President, I come New Hampshire was a Governor of her same pay levels as men in the work- to the floor with a labor of love before State who had a biennial budget, but 19 place for the same work. This kind of the U.S. Senate. We are talking about of the 50 States have biennial budgets discrimination is un-American and confirmations of people for Secretary already. They work, and they work really an embarrassment to our Na- positions on the Cabinet of the new fine. They give them the luxury of tion. President. We are talking about all doing what we don’t do in Washington, Senator SESSIONS’ voting record con- kinds of things. We are in a budget pe- they give them the luxury of having sistently shows his opposition to this riod of time. We are talking about this the time to study their appropriations, kind of key legislation designed to pro- year having two budgets—one we are find savings in existing taxation before tect women from oppression and dis- going to use early and one we are going they start raising anybody’s taxes or crimination and protect women’s au- to use late. appropriating anymore. tonomy and choice, and I cannot sup- The truth is, since 1980, we haven’t It is a simple, disciplined way to go port an Attorney General with this passed all 12 appropriations bills in the about the business of spending the peo- record. year but twice. In other words, in the ple’s money in the same way they Speaking on the floor some time ago, last 37 years, we have only twice done make their determination. I added other details as to the reasons our job that we ought to do every year. I ran a pretty large company for 19 why I have opposed Senator SESSIONS. I So 2 years out of 37 we did it; 35 years years and was in business for 35 years see colleagues on the floor right now so we did not do it. before I came to Congress. I know that I will end here with this point. Over I am joining with the distinguished running a business is hard, but it is not the past weeks, I have received an out- Senator from New Hampshire, a great hard because it is complex; it is hard pouring of outrage from throughout Governor of that State and now a great because it is tough. Prioritizing your my State of Connecticut, more than Member of the U.S. Senate, to pro- appropriations is tough business.

VerDate Sep 11 2014 05:36 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.216 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE S842 CONGRESSIONAL RECORD — SENATE February 7, 2017 Somebody has to do it, and the people year of the legislative session. In the The PRESIDING OFFICER. The who are elected to the Congress of the second year, we had the opportunity to clerk will call the roll. United States are elected to do that do oversight. That is exactly what this The bill clerk proceeded to call the job. bill would allow us to do here in Wash- roll. I am proud to join Senator SHAHEEN ington. It is a reform that has worked Mrs. SHAHEEN. Mr. President, I ask on the floor today and urge all Mem- in New Hampshire, and it has worked unanimous consent that the order for bers to vote for a biennial budget proc- in 18 other States. So as Senator ISAK- the quorum call be rescinded. ess in the Congress of the United SON said, 19 States in all have biennial The PRESIDING OFFICER. Without States. I remind everyone in the room budgeting, and it really gives us a bet- objection, it is so ordered. that we had this vote a few years ago ter opportunity to review the budget to Mrs. SHAHEEN. Mr. President, I as a test vote on an all-night vote- see what is working, what is effective, came to the floor this afternoon to ad- arama on the budget, and we got 72 and what is not. dress the nominee for Attorney Gen- votes, if I remember correctly, in favor One example that I think shows how eral of the United States, Mr. SES- of the biennial budget. We have had we can do this better is looking at sev- SIONS. The U.S. Constitution provides past Budget Committee chairmen vote eral reports that have been issued by that the Senate will advise and consent in favor of the biennial budget. the Government Accountability Office. on all nominees put forward by the President. This fundamental check on We have had people from the major- They have found areas of waste, fraud, Executive power continues to give con- ity and the minority vote for it. The and duplicative programs. And they fidence to the public that the individ- fact is, it is a good idea whose time has have identified ways to reform things, uals charged with the immense respon- come. I am pleased to join Senator like our farm program, to cut down in- sibilities and authorities of our Federal SHAHEEN from New Hampshire and efficiencies in defense, and to reduce Government are of the highest ethical plead to the Members of the U.S. Sen- fraud in health programs. But today, and professional character, are highly ate to do what we ask the American Congress hasn’t really taken the time qualified, and are committed to exer- people to do. Let’s prioritize the way and effort to go through those rec- cising those powers in a manner that is we spend our money, find savings ommendations. Under biennial budg- consistent with our founding prin- where we can, and run a more efficient, eting, we would be able to look at ciples. more honest government, and a more those kinds of recommendations and Any person seeking to serve in such transparent government for all. implement savings in the second year high positions of public trust ought to Mr. President, I yield to the distin- of the budget process. be able to explain his or her record of guished Senator from New Hampshire. Biennial budgeting also reduces the personal and professional conduct, not The PRESIDING OFFICER. The Sen- number of opportunities for manufac- only to close colleagues and friends but ator from New Hampshire. tured crises, like a government shut- also to the public they seek to serve. Mrs. SHAHEEN. Mr. President, I am down. As Senator ISAKSON said, we I have great respect for Senator JEFF really pleased to be able to join my col- have gotten real momentum in the last SESSIONS for his commitment to public league Senator ISAKSON from Georgia couple of years. We had a great vote in service, but I don’t believe that he is as we have introduced our bipartisan 2013 in the Senate, where we had an the right choice to serve as our Na- legislation, the Biennial Budgeting and overwhelming bipartisan group endorse tion’s chief law enforcement officer. Appropriations Act. I think this is a the concept. We saw a vote in the Time and again in the course of his ca- welcomed piece of bipartisan legisla- House Budget Committee, where legis- reer, his actions have demonstrated tion at this point in the year. lation on a biennial budget passed with disinterest or even hostility to many of I want to start by thanking the Sen- a bipartisan vote. It not only passed the civil rights that we rely on the At- ator from Georgia for his very good the House but had over half of the torney General to protect and defend, work on this legislation. He has been House Members as cosponsors. And we from voting rights to civil rights, to leading this effort since he first came saw a favorable hearing in the Senate equality for women, minorities, the to the Senate in 2005, and I have been Budget Committee on the legislation, LGBTQ community, and people with fortunate enough to partner with him so I think momentum is growing for disabilities. on the legislation in the past two Con- this idea. It is a real way for us to take Senator SESSIONS’ record in the Sen- gresses. action to reform the budget process ate provides little evidence that his I think that by working together, we and make it work better. views have evolved since the last time could pass this commonsense, bipar- The bill that we are introducing has the Senate evaluated his fitness to tisan legislation that could change the 13 bipartisan cosponsors. We are going serve in high Federal office, when way we do business in Washington for to keep working to get more bipartisan President Reagan nominated him to the better. As Senator ISAKSON said, cosponsors, and I hope that all of our serve as a Federal judge in 1986. Three there is no question that our budget colleagues will join us in this effort. decades ago, the Senate voted against process is broken. I look forward to continuing to work his confirmation to serve as Federal Since 1980, we have only finished two with Senator ISAKSON and with Sen- judge. Today, I believe the Senate budgets on time. In that timeframe, ators ENZI and SANDERS on the Budget should not confirm him to serve as U.S. Congress has resorted to nearly 170 Committee to get this important re- Attorney General. short-term funding bills or continuing form through the Senate. At this time in our history, with the resolutions. We also experienced a I yield the floor. growing concern about this administra- costly and dangerous government shut- I suggest the absence of a quorum. tion’s commitment to basic democratic down in October of 2013 that cost our The PRESIDING OFFICER (Mr. principles, such as equality before the economy $24 billion. RUBIO). The clerk will call the roll. law, separation of powers, freedom of It hurt small businesses. It hurt the The bill clerk proceeded to call the the press, and protection of minority people across this country. roll. views, I cannot support a nominee who That is no way to govern. I under- Mr. KING. Mr. President, I ask unan- has failed to demonstrate appreciation stand, as Senator ISAKSON said, that bi- imous consent that the order for the for these ideals, regardless of our per- ennial budgeting will not fix every- quorum call be rescinded. sonal relationship. We need an Attor- thing, but it is a reform that will en- The PRESIDING OFFICER. Without ney General who will fight for justice courage us to work across the aisle to objection, it is so ordered. and equal protection for all Americans, become better stewards of taxpayer Mr. KING. Mr. President, I yield the regardless of race, gender, religion, dollars. I can attest to this personally remainder of my post closure debate ethnicity, or sexual orientation. because, as Governor of New Hamp- time to Senator FEINSTEIN from Cali- One of my principal objections to shire, I saw how you make a biennial fornia. this nominee is his record of making it budget work. The PRESIDING OFFICER. The Sen- harder for certain groups of people to In each biennium, I worked with a ator has that right. vote. In 2013, in Shelby County v. Hold- Republican legislature, and we put to- Mr. KING. Mr. President, I suggest er, the Supreme Court struck down sec- gether a balanced budget in the first the absence of a quorum. tion 5 of the Voting Rights Act, also

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Yet, as Attorney Gen- who have faced discrimination in terms that it was a ‘‘good thing for the eral, Senator SESSIONS would enthu- of getting justice in cases of violence South.’’ He has been quoted as saying siastically support this agenda. I be- against women, you would understand that he views the Voting Rights Act as lieve that to be disqualifying for any that we need to make sure that the an intrusive piece of legislation. We nominee to serve as Attorney General. laws protect women and minorities. often refer to the shorthand name for When I was Governor of New Hamp- In 2013, Senator SESSIONS voted this case, calling it simply Shelby shire, I had the honor of being able to against a measure to prohibit discrimi- County. But I believe the full title is appoint the attorney general in our nation in the workplace based on sex- instructive: Shelby County v. Holder. State. My qualification was that the ual orientation or gender identity. He Holder, of course, was Attorney Gen- attorney general should be the people’s also voted in favor of a constitutional eral Eric Holder. And in this case, the attorney. I think that is no less true of amendment to ban gay marriage. Supreme Court ruled against the De- the Attorney General of the United Mrs. MCCASKILL. Mr. President, partment of Justice and against the States. will the Senator yield for 1 sentence? views of this Congress, which voted in I am also deeply concerned by the Mrs. SHAHEEN. Mr. President, I will 2006 to extend section 5 for another 25 nominee’s record on issues associated yield to the honorable Senator from years. with women’s health and autonomy. Missouri. It also demonstrated the awesome re- For example, as Senator BLUMENTHAL Mrs. MCCASKILL. Thank you so sponsibility and discretion of the At- said so eloquently earlier this after- much. I yield the remainder of my torney General. Eric Holder was fight- noon: Senator SESSIONS voted against postcloture debate time to Senator ing to protect minorities in States the 2013 reauthorization of the Vio- FEINSTEIN. with a history of racial discrimination lence Against Women Act. This law has I thank Senator SHAHEEN. I apologize from future voter suppression efforts. been reauthorized on a bipartisan basis for interrupting. In contrast, as U.S. Attorney General, each time it has been brought up since The PRESIDING OFFICER. The Sen- JEFF SESSIONS prosecuted several 1994. ator has that right. members of the Southern Christian The 2013 reauthorization expanded The Senator from New Hampshire. Leadership Conference, the great civil the scope of domestic violence pro- Mrs. SHAHEEN. So in 2013, as I was rights organization formerly led by Dr. grams, yet Senator SESSIONS was one saying, Senator SESSIONS voted against Martin Luther King, Jr. He indicted of only 22 who voted no. This is of par- a measure to prohibit discrimination in these people for allegedly attempting ticular concern when we see the frame- the workplace based on sexual orienta- to fraudulently register people in mi- work for what is suggested will be the tion or gender identity. And similarly, nority communities to vote. All of Trump administration’s budget, which he voted in favor of a constitutional those counts were dismissed in that would eliminate the Office on Violence amendment to ban gay marriage. Fi- case. However, the chilling effect of Against Women at a time when one in nally, Senator SESSIONS’ views on im- this type of use of government author- five women is a victim of rape, either migration are just outside the main- ity on our civil society should not be completed or attempted. stream. Most Americans want fair, hu- underestimated. This illustrated the Senator SESSIONS has also been a mane treatment for would-be immi- awesome power of the prosecutor in fierce opponent of a woman’s right to grants to the United States, as well as our judicial system. That power is ex- choose. He voted against a resolution for undocumented immigrants who are ponentially greater in the Office of the supporting the Roe v. Wade decision, already here. U.S. Attorney General. which affirmed the constitutional right Senator SESSIONS has amply dem- As I said, Senator SESSIONS is also an of women to control our own reproduc- onstrated that he does not agree with outspoken advocate for voter ID laws, tive choices. He has cosponsored legis- this view. Since he came to the Senate, including at the Federal level. In State lation to prohibit Federal funding for he has been a leading opponent of bi- after State, including my home State health insurance plans that include partisan immigration reform efforts. In of New Hampshire, unnecessarily strin- coverage of abortion. He even opposed 2007 and again in 2013, he was instru- gent voter ID laws have been passed by the Lilly Ledbetter Fair Pay Act, mental in defeating immigration re- Republicans with the clear intent to which removed barriers to women who form proposals that had widespread deny access to the ballot box on the bring charges of discriminatory wage support in Congress and the country. part of minorities, the young, and the practices. More recently, he has been a key ad- poor. Striking down the laws passed by Senator SESSIONS voted against it in viser to Candidate Trump and now Republicans in North Carolina, a unan- 2008 and again in 2009, when it became President Trump on immigration poli- imous Federal court ruled that they law over his opposition. Senator SES- cies, encouraging extreme positions ‘‘target African Americans with almost SIONS has consistently argued for such as a ban on Muslim immigration surgical precision’’—that is a direct ‘‘color blind’’ enforcement of our Na- and harsh treatment of DREAMers, quote—and ‘‘impose cures for problems tion’s civil rights laws. He contends those undocumented immigrants who that did not exist.’’ that racism in the United States has arrived in the United States as young Invalidating similar laws in Wis- been effectively addressed, and, there- children. consin, U.S. District Court Judge fore, diversity programs unfairly dis- I have also had the opportunity to James Peterson wrote: ‘‘The Wisconsin criminate against White Americans. work with Senator SESSIONS in trying experience demonstrates that a pre- For the same reason, he has voted to renew and extend the special immi- occupation with mostly phantom elec- against legislation to protect the grant visa program for those Afghans tion fraud leads to real incidents of dis- rights and safety of the LGBT commu- and Iraqis who helped our men and enfranchisement, which undermine nity. In 2009, he vehemently opposed women in the military as we were rather than enhance confidence in the the Matthew Shepard Hate Crimes Act, fighting conflicts in Iraq and Afghani- elections, particularly in minority which protects LGBT Americans from stan. We have heard from multiple communities.’’ hate crimes. In debate on that proposed members of our military who served President Trump has falsely claimed law, Senator SESSIONS said: that these interpreters and these peo- on numerous occasions that 3 to 5 mil- Today I am not sure women or people with ple from Iraq and Afghanistan who lion undocumented immigrants voted different sexual orientations face that kind worked with them to make sure that in the election in November. We have of discrimination. I just don’t see it. they could help keep them safe have even heard that claim in New Hamp- Well, Senator SESSIONS, if you talked saved lives and have made a difference shire, where our deputy secretary of to the members of the gay and lesbian in that military conflict because of the

VerDate Sep 11 2014 05:52 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.218 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE S844 CONGRESSIONAL RECORD — SENATE February 7, 2017 help they provided to our fighting men in President Obama’s first term in of- appointed role and start changing the and women. fice, there were 21 confirmed. So this meaning of the law to suit their per- Yet Senator SESSIONS, as we were idea that somehow some purpose is sonal opinions. trying to extend that program, was un- achieved or some goal accomplished by Judge Gorsuch’s nomination has been willing to allow us to make sure that dragging this process on, I think, does greeted with praise by liberals as well we could bring them to the United a great disservice to the American peo- as conservatives. I think one of the big- States, with all of the vetting that ple who, when they voted last fall, gest reasons for that is that both goes on to make sure that the people voted with an expectation that when groups know that Judge Gorsuch can who come here are actually people who they put a new President in office, that be relied on to judge impartially. Here helped us. He opposed extending that President would be able to assemble his is what Neal Katyal, an Acting Solic- program to allow all of those folks to team and get them about the impor- itor General for President Obama had come here. tant work of governing this country. to say about Judge Gorsuch: I believe we need an Attorney Gen- So it is regrettable that we are where I have seen him up close and in action, eral who will not only insist on equal we are. It is unprecedented and his- both in court and on the Federal Appellate enforcement of the laws but who has a toric, the levels to which the Demo- Rules Committee (where both of us serve); he passion for pursuing justice and fair- crats here in this Chamber have taken brings a sense of fairness and decency to the ness for all Americans, as well as for their attempts to slow this process job and a temperament that suits the Na- those who want to visit or who want to down. I hope that will change. I hope tion’s highest Court. I, for one, wish it were we can get back on track here, get this a Democrat choosing the next justice, but immigrate to the United States. In my since that is not to be, one basic criterion view, Senator SESSIONS has failed to team put in place, and then let’s get on should be paramount: Is the nominee some- demonstrate that commitment. with the important work we have to one who will stand up for the rule of law and Indeed, I worry that as Attorney do. say no to a President or Congress that strays General, Senator SESSIONS would af- There is a lot of stuff that needs to beyond the Constitution and law? firm and encourage Trump’s most trou- be done to make this country stronger, I have no doubt that if confirmed, bling tendencies, especially with re- more competitive, safer for Americans Judge Gorsuch would help to restore gard to minorities, to women, to immi- today, to get the economy growing at a confidence in the rule of law. grants, and to the LGBTQ community. faster rate, to create better-paying His years on the bench reveal a commit- I believe Senator SESSIONS is the wrong jobs, and increase wages. There is just ment to judicial independence, a record that person for the critically important post a lot of stuff that this body needs to be should give the American people confidence of U.S. Attorney General. I intend to working on. Right now, what we are that he will not compromise principle to vote against his confirmation. doing is simply human resources busi- favor the President who appointed him. The PRESIDING OFFICER. The Sen- ness. We are trying to confirm people Again, those are the words of Neal ator from Oregon. to positions, but it could go so much Katyal, formerly an Acting Solicitor Mr. WYDEN. Mr. President, I yield smoother, so much easier, so much General for President Obama. the remainder of my postcloture debate more quickly, and so much more effi- When Judge Gorsuch was nominated time to Senator SCHUMER. I want to ciently if we would just get a little co- to the Tenth Circuit Court of Appeals, thank Senator THUNE for his courtesy. operation from the Democrats in the his nomination sailed through the Sen- The PRESIDING OFFICER. The Sen- Senate. I hope that will happen because ate. Both of his home State Senators— ator has that right. this is unprecedented, as I said, in the one a Republican and one a Democrat— The Senator from South Dakota. level of degree to which the Democrats supported his nomination, and he was Mr. THUNE. Mr. President, we con- are stooping. confirmed by a unanimous vote. tinue to just sort of—at a glacial NOMINATION OF NEIL GORSUCH Then-Senator Obama could have ob- pace—work our way through the nomi- Last week, President Trump an- jected to the nomination. He didn’t. nations. We have in front of us the nounced his nomination for the Su- Senator SCHUMER could have objected nomination for Attorney General of preme Court. He made an outstanding to the nomination. He didn’t. Then- Senator JEFF SESSIONS, a colleague of choice. Judge Neil Gorsuch has a dis- Senators Biden or Clinton or Kennedy ours. I am very excited to be able to tinguished resume. He graduated with could have objected to the nomination, support his nomination to be the next honors from Harvard Law School and but they didn’t. Why? Presumably be- Attorney General of the United States. went on to receive a doctorate in legal cause they saw what almost everybody But unfortunately it is taking an ex- philosophy from Oxford University, sees today; that Judge Gorsuch is ex- traordinarily long time for us to plow where he was a Marshall scholar. actly the kind of judge we want on the through this because Democrats con- He clerked for two Supreme Court bench—supremely qualified, thought- tinue to use procedural roadblocks to Justices, Byron White and Anthony ful, fair, and impartial. keep the administration from being Kennedy. He worked in both private Unfortunately, this time around, able to get their team in place. I say practice and at the Justice Department some Senate Democrats are being less that, having concluded today, based on before being nominated to the Tenth public-spirited. They are upset that the research that we have been able to Circuit Court of Appeals where he their party didn’t win the Presidential assemble, that this is the slowest pace served with distinction for 10 years. He election so they are threatening to fili- for Cabinet approval since George is widely regarded as a brilliant and buster an eminently qualified nominee, Washington. thoughtful jurist and a gifted writer an eminently qualified nominee that a Now, that sounds a little melodra- whose opinions are known for their number of them had previously sup- matic, but I think it is accurate. In clarity. ported. fact, if you go back to the Eisenhower Above all—above all—he is known for The Democratic leader recently said: administration and roll forward to his impartiality, for his commitment Now more than ever, we need a Supreme today, every President, going back to to following the law wherever it leads, Court Justice who is independent, eschews Eisenhower, has had their Cabinet whether he likes the results or not. A ideology, who will preserve our democracy, completely or mostly in place by judge who likes every outcome he protect fundamental rights, and will stand today. In fact, going back to the 1880s reaches is very likely a bad judge, up to a President who has already shown a and up through the 1930s, the entire Judge Gorsuch has said more than willingness to bend the Constitution. Cabinet for those administrations was once. Why? Because a judge who likes That, of course, is precisely the kind approved on day one—day one of the every outcome he reaches is likely of judge that Judge Gorsuch is, as pret- Presidency. making decisions based on something ty much everyone who knows him— Here we are, as we again continue to other than the law. That is a problem. both liberal and conservative—can at- run into dilatory tactics by the Demo- The job of a judge is to interpret the test, but leaving that aside, if the crats here in the Senate. There have law, not to write it; to call balls and Democratic leader really has these been now, I think, seven of the Cabi- strikes, not to design the rules of the concerns about Judge Gorsuch, why did net-level nominees of President Trump game. Everyone’s rights are put in he allow him to receive a unanimous who have been confirmed. At this point jeopardy when judges step outside their confirmation to the Tenth Circuit?

VerDate Sep 11 2014 05:52 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.219 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE February 7, 2017 CONGRESSIONAL RECORD — SENATE S845 Surely, if he had these concerns, it was information that is required for those think they expect better of us, and I his obligation to speak up. positions to have the background think we have to answer the call to No one likes to lose an election, but checks done, to have the questions that duty to allow that team to be put in that is what happens in a democracy, have been put forward to them in hear- place so this President and his team and throwing a temper tantrum and re- ings answered. So I think we should all can go about the important business of fusing to play ball after you lose is not work together to move these nominees. governing this country. the most enlightened response. Demo- That is what I have done on the Small But you cannot dispute the facts crats are not really concerned that Business Committee as the ranking with respect to the number of nomi- Judge Gorsuch is a raving rightwing member, and we have worked very well nees who have been confirmed to date ideologue. When liberal after liberal at- because that nominee provided all the with this President and Presidents tests to his fairness and impartiality, required information. She had the FBI going back in history, and I said ear- it is pretty hard to pretend that he is background check done, and we were lier, you have to go back to George anything but an excellent pick for the able to hold a hearing on her. Well, Washington. I think that is accurate. I Supreme Court. Democrats just don’t that is what we expect from every think you have to go back a long way want to confirm him because they are nominee. in the annals of history to find any mad that President Trump is the one So I am disappointed to hear my col- time where you see what is happening who nominated him. league come down and say that we are today happen in the Senate with any Well, it is time for them to get over not going to give Judge Gorsuch a fair President historically of either party. that. It is one thing to oppose the hearing. I think we are going to do Mr. President, I yield the floor. President when he does something they that, but we are going to do it in a way The PRESIDING OFFICER. The Sen- believe truly endangers our country; it that provides information to the Amer- ator from Wyoming. is another thing entirely for them to ican people so we all know where this Mr. ENZI. Mr. President, I want to oppose this outstandingly well-quali- judge stands and what he thinks about take a few minutes to talk about a cou- fied nominee because they are still the role on the Supreme Court. ple of my friends. I want to say a few upset about the election. I think rather than name-calling, it words and praise President Trump’s Republicans lost the Presidential would be more effective for us to work nomination of Judge Neil Gorsuch to elections in 2008 and 2012, but we al- together to get this done. the Supreme Court of the United lowed up-or-down votes when President I yield the floor. States. The PRESIDING OFFICER. The Sen- Obama nominated Justices Elena I first met Judge Gorsuch several ator from South Dakota. years ago when I met with several cir- Kagan and Sonia Sotomayor. Had this Mr. THUNE. Mr. President, I will cuit court judges for a dinner. He was election gone the other way, we were just point out to the Senator from New and has been impressive. Judge prepared to consider a Hillary Clinton Hampshire—perhaps she knows it, per- Gorsuch is an admirable choice to be nominee. haps she doesn’t, but her leader has America’s next Supreme Court Justice. It is time for Democrats to stop suggested a 60-vote threshold for this His many years of dedication to the threatening obstruction and to get nominee. down to the business of considering I am delighted to hear her say that law and service to America’s judicial Judge Gorsuch’s nomination. they are going to provide a hearing for system clearly qualify him to serve on Mr. President, I yield the floor. consideration. I hope that she, like all America’s highest Court. The PRESIDING OFFICER. The Sen- of our colleagues, will provide this His work itself speaks highly of his ator from New Hampshire. judge an opportunity to be heard, to re- understanding of the Constitution and Mrs. SHAHEEN. Mr. President, I just spond to questions because I think the values that we, as Americans, hold wanted to take a minute. I know we they will find, as most of us who have dear. Some of the first signs Judge have several people waiting to speak, looked at his record, that this is an ex- Gorsuch would be a great jurist hap- but I wanted to respond to my col- ceptionally well-qualified judge. He is a pened just around the corner from here league from South Dakota because I very bright legal mind and somebody in Washington, DC, where he won a na- think for Senator THUNE to come to who I think understands what the role tional debate championship in high the floor and castigate Democrats for of a judge is in our constitutional de- school. holding up Judge Gorsuch, who has just mocracy. He attended college at Columbia Uni- been nominated, and for suggesting we With respect to the nominees we are versity and received a scholarship to are going to filibuster, the fact is, considering, we are here right now, and attend Harvard Law School. As a new throughout most of last year, we saw the Senator from New Hampshire and lawyer, he was back here in Wash- the Republican majority in this body some of her colleagues were here over- ington learning from some of the best hold up the nominee Merrick Garland, night last night stalling, if you will, to jurists in America. He performed clerk- President Obama’s nominee. allow for votes on nominees that have ships first to the U.S. Supreme Court For the first time in history, this been put forward by this administra- of Appeals for the DC district court and body refused to hold a hearing on a tion. later for Justice Byron White and An- nominee for the Supreme Court, re- I don’t think you can dispute the thony Kennedy at the U.S. Supreme fused to give an up-or-down vote, and record. At this time 8 years ago, Presi- Court. to suggest that we should not get a fair dent Obama had 21 of his nominees in After working in private practice and hearing on the nominee to the Supreme place. This President has seven. What I at the Department of Justice, in 2006, Court—Judge Gorsuch—I think is just mentioned earlier, you have to go back President George W. Bush nominated not someone who is going to be good to the time of Dwight Eisenhower, roll Judge Gorsuch to serve as the U.S. for the American people. back to today, and every President Court of Appeals for the Tenth Cir- Unlike the Republican majority, I from that point forward has had, on cuit—that is my circuit. The Senate haven’t heard any Democrats saying: this day, all or most of their nominees confirmed him by voice vote. Let me We don’t think that Judge Gorsuch in place and confirmed by the Senate. say that again. In 2006, this body was should get a hearing or that he should So there is no question. There is no so confident about Neil Gorsuch, his get an up-or-down vote. Everybody I question what is going on here. character and his qualifications to have talked to agrees he should get a I am not calling anybody names. I serve as a Federal judge—yes, a circuit hearing and an up-or-down vote. am just pointing out what I see every court judge—that he was confirmed As for the time that it is taking us to single day; that is, foot-dragging and without anyone even asking for a re- review the nominees of this adminis- delays and obstruction trying to pre- corded vote. I consider that unani- tration, the fact is, the Trump admin- vent a President—whom they, under- mous. istration was delayed in putting for- standably, didn’t like getting elected— On the bench of the busy Tenth Cir- ward nominees. They were much later from being able to get his team in cuit, Judge Gorsuch has proven he than the previous two Presidents. We place. takes seriously his duty to uphold the are still waiting for many of those All I am simply saying is I think the Constitution. He is known for his legal nominees to provide the background American people expect more of us, I opinions that stridently defend our

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As a member of the Senate Judici- cently at the White House, shortly the Constitution, of his respect for the ary Committee, he has fought for the after his nomination was announced by law, and of his reverence for the values confirmation of judges committed to President Trump, ‘‘A judge who likes that we as Americans hold dear. JEFF following the law. Consistent with his every outcome he reaches is very like- SESSIONS is qualified to be the next experience as a prosecutor, he has led ly a bad judge stretching for results he U.S. Attorney General because he successful legislative efforts to im- prefers rather than those the law de- spent decades studying and practicing prove law and order, many times work- mands.’’ the law. ing with his colleagues across the aisle. I love that quote. He grew up in a small town in Ala- He worked with another of my good As a uniquely exceptional scholar bama and worked his way through col- friends, the late Senator Ted Kennedy, and respected jurist, not to mention a lege before studying law at the Univer- on legislation to reduce sexual assaults fellow westerner and avid outdoorsman sity of Alabama. Senator SESSIONS in prisons. He worked with Senator who shares my love of fly fishing, he is began his law practice at a small firm, DURBIN to pass legislation in 2010 to the kind of man I trust to serve Amer- where he worked on cases involving bring fairness to Federal drug sen- ica on the highest Court of the land. probate matters, domestic relations, tencing and provide tougher penalties I have met Judge Gorsuch, and he has criminal defense, real estate, wills, and to repeat drug traffickers. a lot of support from folks in Wyoming, civil litigation—what a combination. But his efforts haven’t been limited in the Wyoming legal community, and He then worked as an assistant U.S. to the Judiciary Committee. As a from both parties. I got calls from peo- attorney in the Southern District of member of the Senate Armed Services ple of both parties saying he is the one Alabama from 1975 to 1977. In that posi- Committee, he has been a strong advo- we want to put up. I know and I trust tion, he handled a variety of cases at cate for America’s military and for those people, and I know and trust the trial level, including those related those who serve in it. In 2006, he Judge Gorsuch, and I value those peo- to wrongful death, gun violations, for- worked with Senator Lieberman to ple’s opinions. I believe he has a good geries, bank robberies, drugs, and en- pass a law increasing death benefits for understanding of the legal issues that forcing criminal penalties for pollu- family members of fallen combat per- matter to people in my home State. tion. sonnel and to increase Servicemembers I would be remiss if I didn’t state my I am not an attorney myself, but I Group Life Insurance benefits. disappointment in all the unproductive understand those are exactly the kinds He has worked to restrain the growth distraction about this pick by activists of cases that teach foundational legal of Federal spending and rebalance Fed- bent on politicizing the judicial nomi- skills to a young attorney—managing a eral funding for HIV/AIDS treatment nation process. If their rhetoric and an- docket that may include dozens of through the Ryan White CARE Act. tics in the last days and weeks have cases at any one time; working long Those are just a few of his many legis- told us anything, it is that no matter hours to track down key evidence and lative accomplishments as a U.S. Sen- who President Trump nominated to fill witnesses; developing relationships ator. the spot on the Supreme Court, they with investigators and closely advising JEFF SESSIONS is a well-educated at- would have objected—no matter how them to ensure relevant and admissible torney, an accomplished prosecutor, learned, how objective, or how many evidence is gathered lawfully; giving and a skilled legislator. But I also be- hundreds of hours a nominee had al- up nights and weekends to prepare wit- lieve his character, work ethic, and ready spent on the bench. nesses, motions, and arguments for temperament make him well-suited to In November, millions of people went trial to get a case across the finish serve as the chief law enforcement offi- to the polls and rejected this kind of line; and conferring with victims to as- cer of the Federal Government. tired partisan bickering when they sure they are afforded the rights guar- As I mentioned, he has been my voted for a change in Washington. anteed to them by law. friend and colleague for over 20 years. Those same voters went to the polls That kind of hard work and legal So I am proud to personally attest to knowing that there was a vacancy on training paid off in 1981, when Senator this. He is a man who is guided by his the Supreme Court and that whoever SESSIONS was nominated by President principles. He is very active in his fam- became the next President would Ronald Reagan to serve as the U.S. At- ily’s church back in Mobile and in the choose the nominee. torney for the Southern District of entire Methodist community of Ala- Mr. President, among our most im- Alabama. For the next 12 years JEFF bama. He and his wife Mary have raised portant duties, as Members of this SESSIONS represented Federal agencies three wonderful children who have body, is carefully vetting all nominees in legal controversies, prosecuted given them ten grandchildren. who come before us. Never is that re- criminal cases, collected debts owed to I believe Senator SESSIONS has the sponsibility so stark and so substantial the government, and defended the civil experience, character, and drive to be a as when our Nation faces a vacancy on rights of U.S. citizens. He did this fantastic Attorney General. If con- the Supreme Court. while also serving his country in the firmed, he is committed to strength- I believe Judge Neil Gorsuch is up to U.S. Army Reserve from 1973 to 1986. ening partnerships between Federal the solemn and mighty task of serving He worked as a transportation officer and local law enforcement officers to as the next Associate Justice of the Su- and later as a military attorney, where fight crime, and, specifically, to take preme Court. I look forward to a time- the Army no doubt benefited greatly out drug cartels and criminal gangs. He ly and fair confirmation process fo- from his years of civilian legal training has vowed to prosecute criminals who cused on Judge Gorsuch’s qualifica- and practice. use guns in committing crimes. And he tions. In 1995, Senator SESSIONS was elected will prosecute individuals who repeat- Now I want to talk a little bit about attorney general for the State of Ala- edly violate America’s immigration my other friend. I rise in support of bama, and he served for 2 years as the laws. President Trump’s nominee to serve as State’s chief legal officer. Two years In November millions of voters went the next Attorney General of the later he was elected to the U.S. Senate. to the polls and voted for change. I be- United States. That is my good friend I was first elected to the Senate in lieve the priorities Senator SESSIONS and colleague Senator JEFF SESSIONS that same year, and JEFF SESSIONS has will pursue if confirmed as Attorney of Alabama. been my friend ever since. But I per- General are shared by those voters. I Senator SESSIONS is an admirable and sonally know the man, not just the would note the many organizations and appropriate choice to be America’s Senator, and I believe him to be a car- individuals who have endorsed his nom- next Attorney General. His many years ing person who wants justice for people ination, including the Fraternal Order

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That is why I Members of this body is to carefully Women funded—which I appreciate—in worked with Senator LEAHY along with vet all nominees that come before us. the Justice Department, but I was very Senator CRAPO to make sure that the We have before us an opportunity to concerned that he had actually voted Violence Against Women Act was reau- support the nomination of a man of against the Violence Against Women thorized. high moral character, whose training, Act Reauthorization recently. It was What does this legislation do? The education, and professional experience something that the majority of Repub- legislation ensures that law enforce- make him extremely well-qualified to lican Senators voted for and every sin- ment has the tools to prosecute domes- serve our country. I urge my colleagues gle woman Senator, Democrat or Re- tic and sexual violence and ensures to join me in supporting Senator JEFF publican, voted in favor of. that victims have the support they SESSIONS to serve as our next U.S. At- As a prosecutor and a U.S. Senator, need to get back on their feet. But we torney General. one of my main criminal justice prior- also made some important updates on I yield the floor. ities has been enforcing and reauthor- the law, including addressing the prob- The PRESIDING OFFICER. The Sen- izing VAWA or the Violence Against lem of above average levels of domestic ator from Illinois. Women Act. It is a bill that took roots violence in tribal areas, by allowing Ms. DUCKWORTH. Mr. President, I in my State, thanks to the efforts on tribal courts to prosecute and to han- yield the remainder of my debate time the initial bill of former Senator Paul dle cases with people who are tribal to Senator SCHUMER. Wellstone and his wife Sheila. Both of members and in very specific cases The PRESIDING OFFICER. The Sen- them tragically died in a plane crash, when violence is committed on the res- ator has that right. and we miss them very much. But Paul ervation. The Senator from California. and Sheila’s legacy lives on in the Providing a uniform nondiscrimina- Mrs. FEINSTEIN. Mr. President, I work of the Violence Against Women tion provision was also included to en- yield one hour of the time under my Act. sure services are available to everyone control to Senator BOOKER. It has a long history, as the Presi- who needs them, including victims in The PRESIDING OFFICER. The Sen- dent knows, of bipartisan support. same-sex relationships. The new bill ator has that right. Since it was first passed in 1994, we included stronger housing protections Mrs. FEINSTEIN. And I yield 30 min- have made great strides in raising for victims and increased account- utes of my time to Senator LEAHY. awareness that these are serious ability for grant recipients. It also The PRESIDING OFFICER. The Sen- crimes, not shameful secrets. Since the strengthened and updated anti-stalking ator has that right. enactment of the Violence Against laws to better address the new tech- Mrs. FEINSTEIN. And I yield 10 min- Women Act, annual domestic violence nologies that predators are using to utes of my time to Senator KLOBUCHAR. rates have fallen by 50 percent, but the harass their victims. This was a bipar- The PRESIDING OFFICER. The Sen- statistics make clear that domestic vi- tisan provision that I authored with ator has that right. olence, stalking, and sexual assault are Republican former Senator Kay Bailey Mrs. FEINSTEIN. I thank the Chair, still a major problem in America. Ac- Hutchison of Texas. and I yield the floor. cording to data from the Centers for As I said, all 20 women Senators sup- The PRESIDING OFFICER. The Disease Control and Prevention, for ported this critical legislation, and it Democratic leader. every minute, 20 people in the United passed with bipartisan support on a Mr. SCHUMER. I yield one hour States are victims of physical violence vote of 78 to 22, with support from a under my control to Senator MURPHY. by an intimate partner. That is about majority of Senators in Senator SES- The PRESIDING OFFICER. The Sen- 10 million people every year. SIONS’ own party, not to mention men ator has that right. Millions more individuals are the vic- and women across the country. The Senator from Minnesota. tims of stalking crimes each year, with The reason Senator SESSIONS had for Ms. KLOBUCHAR. Mr. President, I approximately 15 percent of women at not voting for the bill was that it was rise today to join my colleagues and some point during their lifetime expe- the tribal provisions that he didn’t like make remarks on Senator SESSIONS’ riencing stalking, during which they because of the dual jurisdiction. That nomination to serve as Attorney Gen- feel very fearful or believe that they or just doesn’t hold up for me, given what eral. I will be coming back later this someone close to them could be I have seen in my State. evening to focus on voting rights and harmed or killed. Now, what does this really mean to some of the other issues at hand—free- I would like to note briefly that I am people? Let me end this portion of my dom of the press, antitrust. I am actu- pleased that the Senate recently passed remarks with two stories. The first is ally the ranking member on that sub- the resolution that Senator PERDUE about a case that our office handled, committee, and while Senator SES- and I introduced on stalking to raise and a prosecutor in our office who was SIONS has assured me that if confirmed, awareness. I have been confronted by very well thought of handled it in our he will keep the independence of that these issues of domestic violence and office, involving two immigrants. This part of the Justice Department away stalking since before I became a Sen- was a case where this man was from from outside influence from the White ator. In fact, that is when I was Hen- Russia, and he beat up his wife repeat- House, I am very focused on that be- nepin County attorney. That is the edly over the years. They had a little cause I think we have seen a wave of largest prosecutor’s office in our State. daughter. One day he killed his wife, mergers, and I want to address that I managed an office of about 400 people. and then he went to Home Depot and more in depth later. With that big office handling every- he bought a saw. And then he basically I worked successfully with Senator thing from representing our State’s dismembered her and put her in a gar- SESSIONS on a number of UC’s over the biggest public hospital to violent mur- bage bag and brought her to another years such as adoption and human traf- der cases, the poster that you saw when State and dumped her in a river. He ficking. We have worked together well, you walked into our office and down left the head in his trunk, and he and if he is confirmed, I am sure we the hallway so that everyone could see brought it back to the Twin Cities. He will find some areas of common agree- it was a picture of a woman who was eventually confessed to his crime. ment. I am not supporting him, how- beaten up. She had a Band-Aid over her The family gathered—and they were ever, and I have told him this in person nose, and she was holding a little baby a very small family. The mom and dad and I have talked about it at the Judi- boy. The words read: Beat your wife, came from Russia, and then there was ciary Committee because of my con- and it is your son that goes to jail. the little girl who had been left behind cerns relating to some of his views on Why? That poster reminds everyone with really no parent to take care of

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In fiscal year 2015, the COPS office work of the Environmental and Nat- got off the airplane and her grand- was able to award grants to just 209 of ural Resources Division, the Antitrust parents and that aunt got off the air- the over 1,000 law enforcement agencies Division, and the Tax Division, and so plane, the little girl ran up to that that applied. It translated into about many other offices within the Depart- aunt and grabbed her and said 915 officers, which is still a lot, but, in ment of Justice. It is the direction of ‘‘Mommy, Mommy’’ because she fact, there were requests for over 3,000 all of those agencies that come under thought that it was her mother and officers. the Attorney General of the United that her mother was still alive. I think we can all agree, and hope the States. These hard-working employees Those are the victims of domestic vi- administration agrees, that this is a of the Justice Department keep Amer- olence. It is not just the immediate very important program. I will con- ica safe every day while protecting victim; it is everyone around them. tinue to work with Senator SESSIONS, American lives, and some of them put Or, the case in Lake City, MN, of Of- if he is confirmed, to make sure we their lives on the line to do so. We need ficer Shawn Schneider, an incredibly have the support from the administra- an Attorney General that will brave police officer who was called one tion for this program, which, again, is strengthen, not weaken, the Justice day to a domestic violence case. It was one of the top priorities of the Fra- Department and will help carry out its a man who was clearly affected by ternal Order of Police and other police important missions. mental illness, who was threatening organizations across the country. The Justice Department is charged his 17-year-old girlfriend, and the cop I look forward to discussing other with ‘‘[enforcing] the law and [defend- went up to the door, and there he was. issues when I return, but for now, I ing] the interests of the United States He had his bullet proof vest on, but the yield the floor. Thank you. according to the law,’’ ‘‘[ensuring the] man shot the police officer in the head, The PRESIDING OFFICER. The Sen- public safety against threats foreign ator from Maryland. and he died. I attended that funeral. and domestic,’’ as well as ‘‘[ensuring] When I was there, I saw their young Mr. CARDIN. Mr. President, I rise in fair and impartial administration of family, the two young little boys and opposition to the nomination of Sen- justice for all Americans.’’ That is this little girl. I heard the story about ator JEFF SESSIONS to be the next At- their mission. That is their responsi- the last time they were in their church torney General of the United States bility. for the nativity play, and the dad was and to head the U.S. Department of The Attorney General is not the sitting there—the police officer—in the Justice. President’s lawyer; he or she is the pew, watching his family and his chil- I have had the privilege to serve with people’s lawyer. After carefully exam- dren perform. The next time they were Senator SESSIONS in the U.S. Senate ining Senator SESSIONS’ record—in- in the church was when that little girl for nearly a decade. I have served on cluding his Senate service, confirma- with the blue dress covered in stars several committees with him, includ- tion hearing, and advocacy on the cam- was walking down the aisle for her ing the years that I was on the Judici- paign trail for Mr. Trump—I am not dad’s funeral. ary Committee. I no longer serve on That is domestic violence. It does that committee, but I served there convinced that he would be inde- concern me that we did not get support with Senator SESSIONS. pendent and impartial to the President from the nominee. I do appreciate that I was listening to Senator KLO- and Federal agencies. I am not con- he said he would continue to fund the BUCHAR’s explanations of her concerns. vinced he would enforce the law fairly Office on Violence Against Women, and Senator SESSIONS is a person whom we and protect the civil liberties and civil I believe that that is very important to work with, but it is his views and his rights of all Americans. the functioning of the Justice Depart- record that give me great concern. Let me discuss some of my concerns ment. Just looking back at the first 2 with Senator SESSIONS’ nomination. In Since its inception in 1995, the Office weeks of the Trump administration, I this debate, I do want to mention my on Violence Against Women has pro- think a growing number of Americans resolution calling on President Trump vided financial and technical assist- understand the importance of the Con- to divest his interest and sever his re- ance to communities nationwide—very stitution, the rule of law, the system of lationship to the Trump organization. important to the Department of Jus- checks and balances, the separation of My resolution was first introduced last tice. powers, and the critical importance of year. It is intended to uphold the value The last thing I want to mention— the position of the Attorney General of and strictures of one of the most sacred and I will come back again to some of the United States. documents: the Constitution, the in- these other priorities that I think are Over the years, the Justice Depart- strument that the President took an important, if Senator SESSIONS is con- ment has grown into one of the largest oath to preserve, protect, and defend. firmed, to continue to be a focus in the Cabinet departments, with over 100,000 It makes clear that Congress will con- Justice Department, as well as other employees, which touches just about sider all transactions by foreign gov- concerns that I have—is the funding of every aspect of life in America today. ernments and their agents with the the COPS program. Republican Senator It is known as the world’s largest law Trump organization as potential viola- MURKOWSKI and I are leading that ef- office and the chief enforcer of Federal tions of the emoluments clause of the fort. We have always had, especially in laws. Constitution. the House of Representatives, bipar- Just think about the work every day The Attorney General is likewise tisan support for the COPS program. to keep America safe undertaken by sworn to uphold the U.S. Constitution During Senator SESSIONS’ hearing, I the Federal Bureau of Investigation, and provide legal advice to President made a special note to discuss that the Drug Enforcement Administration, Trump and the various Cabinet depart- issue with Chuck Canterbury, who is the Bureau of Alcohol, Tobacco, Fire- ments. He must exercise independent the president of the Fraternal Order of arms and Explosives, the Bureau of judgment. I am concerned as to wheth- Police, and we had a good discussion Prisons, the U.S. Marshals Service, and er Senator SESSIONS would, in fact, ad- about that. He stated that he shared the U.S. Attorneys in every State and vise the President, as he should, that my view that this is a very important territory. Think about the work of the by holding on to Trump enterprises— program, particularly with the sharp National Security Division that tack- by not divesting or setting up a blind decrease in staffing levels we have seen les some of the toughest terrorism and trust—he is putting himself at risk of for law enforcement around the coun- intelligence challenges we face every violating the Constitution of the try in recent years, including training day. All of that comes under the De- United States. funding—something that is really im- partment of Justice. All of that comes It is not what the President wants to portant. under the Attorney General. hear; it is what he must hear. We need

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This is where people, often ported restrictive voter ID laws that contrary to the fundamental principles without lawful status, come and seek work have had the effect of disenfranchising of which this nation was founded.’’ The . . . and [they] oppose restrictions on illegal many otherwise eligible voters and are vote was 16 to 4 in favor of the Leahy immigrants receiving drivers’ licenses. He frankly modern-day poll taxes. He has resolution. Senator SESSIONS voted no was President of the Board. called the Voting Rights Act intrusive and spoke against the resolution for That was Senator SESSIONS’ quote. as it seeks to protect minority voters. nearly half an hour and concluded by Senator SESSIONS also commented on He praised the Supreme Court’s ruling stating that the Leahy resolution Mr. Perez directly: in Shelby County v. Holder, which gut- ‘‘goes beyond being unwise. It is reck- I am concerned where Mr. Perez will be in ted a key part of the Voting Rights less. It is absolute and without quali- this [running the Department of Justice Act, saying that it was ‘‘a good day for fication. It could have pernicious im- Civil Rights Division]. He has been pretty ac- the South’’ when the decision was pacts for decades, even centuries to tive politically. When he ran for the Mont- handed down. come. It may be even a step from the gomery, MD, county council he responded to Our next Attorney General should be concept of the nation-state to the idea a question asking, ‘What would you like the voters to know about you?’ Mr. Perez said: ‘I working on how to expand the fran- of ‘global citizenship.’ ’’ am a progressive Democrat and always was chise, not restrict it. Now President Barring a religious test of people and always will be.’ This is a free country Trump has said he will direct Vice coming into our Nation would create and that is all right. I am just saying, in all President PENCE to lead a task force or that type of a Nation? That is who we fairness, that statement makes me a little commission to examine so-called voter are as a Nation. Those are our core val- nervous. fraud in the 2016 Presidential election. ues. We embrace diversity. Again, quoting from Senator SES- We need an independent Attorney Senator SESSIONS’ views are far out- SIONS. The Senate did right by my General. side the mainstream and would unset- friend and colleague Tom Perez. He was Why is President Trump taking this tle many years of law and precedent confirmed by the Senate to the Civil action? Because Hillary Clinton won that protect individual religious be- Rights Division of the Department of the popular vote by nearly 3 million liefs. I am gravely concerned about Justice by a 72-to-22 vote. Now, I un- votes, and that gets under his skin. He how an Attorney General SESSIONS derstand people may have a reason to feels slighted. He feels his legitimacy is would advise President Trump on the vote one way or the other, but the rea- brought into question. It doesn’t mat- lawfulness of a Muslim ban. He re- sons stated by Senator SESSIONS in re- ter that he won the electoral vote. So cently issued his Executive order, gard to Mr. Perez caused me great, the President will direct the Vice which a district court has put on hold great concern. Senator SESSIONS again President, and presumably his next At- and is now being challenged in the opposed Mr. Perez when he was later torney General, to investigate these Ninth Circuit. I cosponsored legislation nominated to be Secretary of Labor. In bogus claims of voter fraud. Instead, to rescind President Trump’s discrimi- both of these cases, Senator SESSIONS’ the new Attorney General should ex- natory Executive order barring immi- views were far outside the mainstream amine voter suppression and disenfran- grants from Muslim-majority countries on Mr. Perez. chisement in the elections. I fear this and suspending the U.S. refugee pro- As the senior Senator from Mary- new study on widespread ‘‘voter fraud’’ gram. land, I know CASA of Maryland. I have is simply a pretext to impose more on- I am also concerned as to how Attor- been there. I have seen the people they erous restrictions on the right to ney General SESSIONS would advise the service. They do extraordinary work to vote—to try to keep a certain segment President on matters of immigration. help the immigrant community. They of Americans—making it more difficult Former Acting Attorney General Sally are not a fringe advocacy group. While for them to vote because they may be Yates was fired and her conduct was Mr. Perez is a progressive, he is a dedi- more likely to vote for someone other called shameful by President Trump, cated public servant, having been than Mr. Trump. That is not what the simply because she was upholding the elected by the people of Maryland to Attorney General should be doing. Constitution, giving her advice. The the Montgomery County Council and Based on his record, Senator SES- President has criticized the ‘‘so-called appointed by President Obama to run SIONS would work with the Trump ad- judge’’ who temporarily stayed his the Civil Rights Division at the Justice ministration to further restrict the travel ban with an ‘‘outrageous’’ deci- Department and later the Labor De- right to vote and roll back the clock on sion, and said that the judge would be partment. Mr. Perez worked to expand this cherished civil right, which is pro- blamed if a terrorist attack occurred in the right to vote, protect the rights of tected by our Constitution. the United States. The Attorney Gen- all Americans, and ensure American On the issue of immigration, Senator eral has to be able to stand up to even workers had a decent wage and employ- SESSIONS has a long record where he the President with these reckless ers treated their employees with fair- has fought against bipartisan, com- words and actions. We need an inde- ness and respect. prehensive immigration reform in the pendent Attorney General who will up- I fear Attorney General SESSIONS Senate. He led the efforts in 2007 and in hold the Constitution and recognize would turn back the clock on so many 2013 to defeat bipartisan legislation in that he is not the President’s attorney, civil and worker rights that we hold the Senate. He used the untruthful he is the people’s attorney. I am not dear as Americans. ‘‘amnesty’’ tag to describe the tough- convinced that Attorney General Ses- Senator SESSIONS opposed the Mat- but-fair pathway to citizenship in this sions would be that type of person. thew Shepard and James Byrd, Jr. Hate legislation, which passed by a 68-to-32 Senator SESSIONS led the opposition Crimes Prevention Act. Senator SES- vote in 2013. He has opposed relief for to the nomination of my fellow Mary- SIONS supported a constitutional the DREAMers and has opposed the De- lander Tom Perez to be the Assistant amendment to ban same-sex marriages, layed Action for Childhood Arrivals— Attorney General for the Civil Rights opposed the repeal of don’t ask, don’t DACA—program. He supported anti-im- Division at the Department of Justice tell in the military, and harshly criti- migration State laws in Arizona and when President Obama nominated him cized the Supreme Court’s recent deci- elsewhere that the Supreme Court has in 2009. At the time, Senator SESSIONS sion legalizing same-sex marriages struck down as unconstitutional. said: across the country. He harshly criti- During the Presidential campaign, I am also concerned Mr. Perez will not be cized the Court for redefining a ‘‘sacred Mr. Trump issued a press release ‘‘call- committed to fully enforcing our Nation’s and ancient institution,’’ and called ing for a total and complete shutdown immigration laws, some I have worked hard the ruling ‘‘part of a continuing effort on. We need to create a lawful system of im- of Muslims entering the United migration. . . . He previously served as the to secularize, by force and intimida- States.’’ Several days later, Senator President of the Board of CASA of Maryland, tion’’ the Nation. Once again, I fear an LEAHY offered a resolution in the Judi- an immigrant advocacy organization that Attorney General SESSIONS would turn ciary Committee that stated, ‘‘It is the has taken some extreme views and been back the clock on LGBT rights to a

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Instead, Mrs. Xinis had Senator SESSIONS was one of only Senator SESSIONS voted against the to patiently explain that protecting nine Senators to vote against the De- Lilly Ledbetter Fair Pay Act, the Pay- the rights of America’s most vulner- tainee Treatment Act, which contained check Fairness Act, title X funding for able and disenfranchised had not left the McCain-Feinstein amendment that contraception, breast screening, and her tainted with disqualifying bias.’’ prohibits ‘‘cruel, inhumane, and de- health services for low-income women, ‘‘Senator SESSIONS felt compelled to grading’’ punishment for individuals in and reauthorization of the Violence verify that someone with Mrs. Xinis’ American custody. He has left the door Against Women Act. He voted to professional background—which also open to reinstating waterboarding as defund Planned Parenthood. I am con- includes time as a complaint examiner needed. He has opposed shutting down cerned whether Senator SESSIONS in the DC Office of Police Complaints— Guantanamo Bay. would enforce equal rights and protec- would not be biased against police offi- These issues are critically important tion for women as our next Attorney cers. After asking her whether ‘police because we got word of a draft Execu- General. have a responsibility to try to main- tive order that would bring back these Senator SESSIONS has consistently tain an orderly and safe environment types of torture centers—which are not fought against criminal justice reform for the people who live in a city’ and only a stain on America’s reputation, in the Senate and led the effort to de- whether a judge ‘should show empathy they are counterproductive and against feat the recent bipartisan proposals for the difficulties that police officers our values and our law. We expect the that would modestly reduce sentencing face as well as’ for those who allege Attorney General of the United States disparities and ease ex-offenders’ re- that police have violated their civil to speak out against such reprehensible entry into society. rights. Senator SESSIONS closed with types of proposals. Senator SESSIONS opposed my Ramos this:’’ Thomas Jefferson wrote: ‘‘The most and Liu blue alert act due to fiscal con- ‘‘Can you assure the police officers in sacred of the duties of government [is] cerns, even though the legislation cost Baltimore and all over Maryland that to do equal and impartial justice to all was scored at nominal or less than $1 might be brought before your court of its citizens.’’ This sacred duty re- million for implementation by CBO. that they’ll get a fair day in court, and mains the guiding principle for the Law enforcement agencies strongly that your history would not impact women and men of the U.S. Depart- supported my legislation, which was your decision-making? And I raise that ment of Justice, according to the Jus- signed into law by President Obama in particularly because I see your firm tice Web site. I would urge all of us to 2015. Blue Alert helps our law enforce- [Billy Murphy] is representing Mr. keep that in mind. ment officers, those who are threat- Freddie Gray in that case that’s gath- I regret I do not have confidence that ened or endangered or where there has ered so much attention in Maryland, Senator SESSIONS will carry out this been an incident. It gives law enforce- and there’s a lot of law enforcement of- task so I must oppose his nomination. ment the opportunity to apprehend the ficers throughout the state and they Mr. President, I yield the floor. suspect in a timely way. It scored want to know that they don’t have The PRESIDING OFFICER (Mr. nominal or less than $1 million, and someone who has an agenda to bring to DAINES). The Senator from Massachu- was used by Senator SESSIONS to block the bench—can you assure them that setts. this important tool to help our law en- you won’t bring that to the bench?’’ Ms. WARREN. Mr. President, I rise forcement officers. ‘‘The implication is clear: If you de- to express my strong opposition to the Senator SESSIONS has generally con- fend people against criminal prosecu- nomination of Senator JEFF SESSIONS demned the Department of Justice’s tions, and especially if you represent to serve as Attorney General of the use of its power to investigate law en- people in civil rights cases against po- United States. forcement agencies accused of mis- lice, there is a presumption of bias that I ask: Where are the Senators who conduct and a ‘‘pattern and practice’’ you must rebut before the Judiciary will say no to the nomination of Sen- of violating civil rights, calling con- Committee. One wonders whether Sen- ator JEFF SESSIONS as Attorney Gen- sent decrees that mandate reform fol- ator SESSIONS has asked a prosecutor if eral of the United States? I hope there lowing these investigations ‘‘an end she would bring to her judicial role an are at least enough Senators here who run around the democratic process.’’ ‘agenda’ against indigent criminal de- understand that America is careening That causes me concern because that is fendants or if a corporate defense law- over a constitutional cliff and that all an important part of what we are doing yer would be biased against employees of us, regardless of political party, need in my hometown of Baltimore. who allege unlawful discrimination or an Attorney General who can be relied We had a major problem in the unpaid wages. I doubt very much he on to enforce the laws fairly and fight Freddie Gray episode. We requested a would ask that same question in that back against lawless overreach by an pattern and practice investigation. We circumstance.’’ out-of-control President. are now working with the consent de- ‘‘The depth of this double standard is On January 27, the world turned up- cree. The people of Baltimore and the underscored by Senator SESSIONS’ in- side down for tens of thousands of peo- people of Maryland are anxious to get voking Freddie Gray in particular. ple directly affected by President this matter moving forward and are Freddie Gray, of course, was fatally in- Trump’s Executive order turning anxious to see this consent order bring jured in Baltimore police custody after America’s back on refugees around the a successful conclusion to that rec- being arrested without cause. His death world and immigrants from seven Mus- ommendation and investigation. led to grand jury indictments for six lim-majority countries. Senator SESSIONS led the opposition officers on homicide and assault Last week, I recalled many of their to Senator Mikulski and my rec- charges, and the Department of Justice stories. I spoke about students and pro- ommendation of Paula Xinis to be a opened a civil rights investigation. fessors, about mothers and children, U.S. district judge for the District of Under these circumstances, rep- about friends and neighbors, real peo- Maryland in the Judiciary Committee resenting Mr. Gray’s family hardly ple who were turned away, detained, or and on the floor. The Alliance for Jus- seems like an act of radical subversion deported based solely on their religion tice provided an account of Paula that would call into question one’s or the simple fact that they were flee- Xinis’ confirmation hearing, which I ability to be fair, but in Senator SES- ing war. We all breathed a sigh of relief will quote from at length here. SIONS’ view, any challenge to police au- when a court temporarily halted that ‘‘Turning to the nominee of the Dis- thority can be done only in pursuit of order, but we know the fight continues trict Court of Maryland, Paula Xinis, some extralegal ‘agenda.’’’ to permanently overturn this unlawful, Senator SESSIONS unleashed a line of Senator SESSIONS led the floor oppo- unconstitutional, and deeply immoral accusatory questions suggesting that sition to Paula Xinis. I am pleased to Executive order. Xinis’ career as a public defender and report she was confirmed by the U.S. That isn’t all that happened last civil rights lawyer showed an ‘agenda’ Senate, and she is now one of our dis- week. Last week, the Acting Attorney that she would invariably ‘bring to the tinguished members of the District General of the United States refused to

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So the same deeply immoral order. voters submit absentee ballots. Republican Senators who once fought Last week, after days of slow-walk- While serving as Alabama’s attorney Senator SESSIONS tooth and nail have ing or ignoring judicial decisions, general, he reportedly made numerous now launched a massive PR campaign President Trump went on the attack. racist comments, including saying he to try to repair his public image. He raged against the judge who tempo- thought the KKK was OK until he That case against the civil rights rarily halted his order, calling him a learned that they smoked weed. workers helping Blacks in Alabama to so-called judge and questioning his au- He called a White attorney rep- vote? Hey, you go it all wrong. He was thority to act. That is right. The Presi- resenting Black clients in a civil rights just trying to help out other African dent of the United States attacked the case a disgrace to his race. Americans who were concerned about legal authority of an individual district He claimed that the NAACP and the voting irregularities. court judge, lawfully appointed by ACLU were un-American. His vote against the Violence George W. Bush and confirmed unani- In a speech in 2006, he said: ‘‘Fun- Against Women Act? His position on mously by the Senate, to pass judg- damentally, almost no one coming LGBTQ rights? His opposition to a ment on Trump’s Executive orders. from the Dominican Republic to the woman’s right to choose? Hey, don’t These are dangerous times. At times United States is coming here because worry about it. He says he will vigor- like this, it is more important than they have a provable skill that would ously enforce the law once he becomes ever that the Attorney General of the benefit us and that would indicate Attorney General. Give me a break. United States has the guts, the inde- their likely success in our society.’’ The law enforcement power of the pendence, and the good moral judg- According to SESSIONS, Dominicans United States of America is an awe- ment to stand up to the President when come to the United States by engaging some thing. In the right hands, in he seeks to violate the Constitution in fraud. steady and impartial hands, it can be and ignore the law. Senator SESSIONS is also extraor- used to defend all of us, to defend our At his confirmation hearing last dinarily hostile to any effort to root laws, to defend our Constitution. In the month, Senator SESSIONS claimed to be out discrimination based on gender or wrong hands, it can be used to bully that person. I have to say, I wish it sexual orientation. According to Sen- and intimidate the defenseless, to de- were true. I really do. I wish the Presi- ator SESSIONS, marriage equality is a stroy lives, to undermine American de- dent’s campaign had been different. I threat to the American culture. mocracy itself. wish his actions now were different. I Roe v. Wade is constitutionally un- Senator SESSIONS is not misunder- wish we could give his nominees the sound. stood. Senator SESSIONS has never been benefit of the doubt, but I will not ig- Employers should be able to fire you misunderstood. For decades, it has nore the real world, as unpleasant as it because they don’t like whom you love. been absolutely clear where he stands. is, and neither can anyone in this Sen- He voted against equal pay for equal Now the time is here for every Senator ate. work. to make absolutely clear where they In the real world, Senator SESSIONS He even voted against the Violence stand as well. obviously isn’t going to stand up to the Against Women Act. Let’s be clear. Winning a seat in the President’s campaign of bigotry. How It doesn’t stop there. On crime, Sen- U.S. Senate does not exempt a Cabinet could he? In the real world, Senator ator SESSIONS’ solution is to lock up nominee from the close scrutiny that SESSIONS is one of the principal archi- people for even minor, low-level of- all nominees to lead our government tects of that campaign. fenses; throw away the key. He has ad- deserve. It does not change the Sen- Senator SESSIONS made a special name for himself for being a particu- vocated for expanding prisons for ate’s constitutional responsibility to larly vitriolic opponent of common- youth, aggressively prosecuting mari- examine a nominee to make certain sense immigration policies. He railed juana offenses, and eliminating parole that nominee will faithfully and fairly against legal immigrants. He attacked or reduced prison time for good behav- enforce the laws of the United States of cities and States that focus on keeping ior. America. It does not relieve the Senate their communities safe instead of serv- During the 2016 Presidential cam- of its duty to reject nominees whose ing as a national deportation force. He paign, he heaped praise on then-can- records demonstrate that they will not called Islam a toxic ideology and a didate Donald Trump for having once stand up for American values and con- threat to our Nation. Despite the plain taken out a racially tinged full-page stitutional principles. language of the Constitution, Senator newspaper ad advocating for the death When it comes to the Senate con- SESSIONS doesn’t think that children penalty for the Central Park Five, the firming someone to be Attorney Gen- born in the United States should auto- Black and Latino teenagers who were eral—the highest law enforcement offi- matically become citizens. He wants to falsely accused and convicted of raping cer in this country—we are all person- round up and deport DREAMers, who a young woman in New York’s Central ally responsible for that choice. To put were brought to the United States as Park. Senator SESSIONS in charge of the De- kids. Does that all sound familiar? Senator SESSIONS is not a plain-old partment of Justice is an insult to Af- Well, it should because Senator SES- conservative Republican. No. Senator rican Americans. To put Senator SES- SIONS was an early and energetic sup- SESSIONS occupies a place way out at SIONS in charge of the Department of porter of then-candidate Donald the radical fringe of his party, regu- Justice is a direct threat to immi- Trump, and the Senator played a key larly taking positions that are far grants. To put Senator SESSIONS in role in shaping what has become the more extreme than his other Repub- charge of the Department of Justice is most extreme, most divisive, and most lican colleagues. For example, when a deliberate affront to every LGBTQ dangerous immigration policies of any Republicans and Democrats came to- person. To put Senator SESSIONS in President in decades. gether to pass a commonsense, bipar- charge of the Department of Justice is Senator SESSIONS’ radical views are tisan immigration bill, Senator SES- an affront to women. not limited to immigration. On issue SIONS worked overtime to make sure I ask again, where are the Senators after issue, Senator SESSIONS has dis- the bill did not make it through the who will say no to Senator SESSIONS as played open hostility to the rights of House. When Republicans and Demo- Attorney General of the United States? all Americans. crats came together to propose legisla- Thirty years ago, a Republican-con- He has made derogatory and racist tion to reform our broken Federal trolled Senate took the extraordinary comments that should have no place in criminal sentencing laws, Senator SES- step of rejecting Senator SESSIONS’ our justice system. SIONS was part of the handful of Sen- nomination to serve as a Federal judge.

VerDate Sep 11 2014 05:52 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.228 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE S852 CONGRESSIONAL RECORD — SENATE February 7, 2017 They had the courage to stand up for rights cases with Mr. SESSIONS over the Martin was referring of course to a group the principles that transcend party af- period Sessions was U.S. attorney. Mr. that included the defendants recently pros- filiation—fairness, equality, justice for Huber has stated to the committee in- ecuted for assisting elderly and illiterate blacks to exercise that franchise. In fact, all. Their rejection sent a message that vestigators that Mr. SESSIONS on more Martin anticipated from the depth of their that kind of dangerous, toxic hatred than one occasion has characterized commitment twenty years ago, that a united has no place in our courts. I urge them the NAACP and the ACLU as un-Amer- political organization would remain in Perry again today to exert that moral leader- ican, Communist-inspired organiza- County long after the other marchers had ship and to send a message that this tions. Mr. Huber reports that Mr. SES- left. This organization, the Perry County kind of dangerous, toxic hatred has no SIONS said that these organizations did Civic League, started by Mr. Turner, Mr. place in our Justice Department. I urge more harm than good when they were Hogue and others, as Martin predicted, con- them to set aside politics and do what trying to force civil rights down the tinued ‘‘to direct the drive for votes and other rights.’’ In the years since the Voting they know is right. throats of people who were trying to Rights Act was passed, Black Americans in I wish to read two statements that put problems behind them. Mr. Huber Marion, Selma and elsewhere, have made im- really stood out to me as I was review- also stated that Mr. SESSIONS sug- portant strides in their struggle to partici- ing Senator SESSIONS’ record on civil gested that a prominent White civil pate actively in the electoral process. The rights. One is the powerful speech that rights lawyer who litigated voting number of Blacks registered to vote in key the late Senator from Massachusetts, rights cases was a disgrace to his race Southern states has doubled since 1965. This Ted Kennedy, gave in 1986, and the for doing it. Mr. SESSIONS is a throw- would not have been possible without the other is a very moving letter from Voting Rights Act. back to a shameful era which I know However, Blacks still fall far short of hav- Coretta Scott King, a letter she wrote both Black and White Americans ing equal participation in the electoral proc- to the Judiciary Committee that same thought was in our past. ess. Particularly in the South, efforts con- year. It is inconceivable to me that a per- tinue to be made to deny Blacks access to I want to start with what Senator son of this attitude is qualified to be a the polls, even where Blacks constitute the KENNEDY said. He said: U.S. attorney, let alone a U.S. Federal majority of the voters. It has been a long, The confirmation of nominees for lifetime judge. up-hill struggle to keep alive the vital legis- appointments to the Federal judiciary is one ‘‘He is, I believe, a disgrace to the lation that protects the most fundamental of the most important responsibilities of the Justice Department, and he should right to vote. A person who has exhibited so Senate mandated by the U.S. Constitution, withdraw his nomination and resign much hostility to the enforcement of those laws—— and the examination by the Senate of a his position.’’ Those were the words of nominee’s fitness to serve as a Federal judge Senator Ted Kennedy, and I will stand The PRESIDING OFFICER. The Sen- is the last opportunity to determine whether ator is reminded that it is a violation the candidate possesses the education, expe- with Senator KENNEDY, and, like he did, I will cast my vote against the of rule XIX of the Standing Rules of rience, skills, integrity, and, most impor- the Senate to impute to another Sen- tantly, the commitment to equal justice nomination of Senator SESSIONS. under law, which are essential attributes of Coretta Scott King also wrote to the ator or to other Senators any conduct a Federal judge. Judiciary Committee about the Ses- or motive unworthy or unbecoming a Once confirmed, a Federal judge literally sions nomination in 1986. This is what Senator. has life and death authority over citizens she wrote: Ms. WARREN. Mr. President, I don’t that appear before him, with limited review Mr. Chairman and members of the Com- think I quite understand. I am reading of his decisions. Our Federal judiciary is the mittee: a letter from Coretta Scott King to the guardian of the rights and liberties guaran- Thank you for allowing me this oppor- Judiciary Committee from 1986 that teed to all of us by the U.S. Constitution, tunity to express my strong opposition to was admitted into the RECORD. I am and the decisions of fellow judges are con- the nomination of Jefferson Sessions for a stantly shaping and reshaping those rights simply reading what she wrote about federal district judgeship for the Southern what the nomination of JEFF SESSIONS and liberties. District of Alabama. My longstanding com- This committee has a duty to our citizens to be a Federal court judge meant and mitment, which I shared with my husband, to carefully examine the qualifications of Martin, to protect and enhance the rights of what it would mean in history for her. nominees for the Federal bench and to give Black Americans, rights which include equal The PRESIDING OFFICER. This is a our approval only to those who have dem- access to the democratic process, compels reminder—not necessarily what you onstrated a personal commitment to the me to testify today. just shared—however, you stated that a principle of equality for all Americans and a Civil rights leaders, including my husband sitting Senator is a disgrace to the De- sensitivity to the long history of inequality and Albert Turner, have fought long and which we are still struggling to overcome. partment of Justice. hard to achieve free and unfettered access to Ms. WARREN. I think that may have Mr. SESSIONS, as a U.S. attorney for the ballot box. Mr. SESSIONS has used the been Senator KENNEDY who said that in the Southern District of Alabama, awesome power of his office to chill the free the record, although I would be glad to exercise of the vote by black citizens in the comes to this committee with a record repeat it in my own words. which regrettably includes presiding district he now seeks to serve as a federal judge. This simply cannot be allowed to hap- The PRESIDING OFFICER. The rule over the now-infamous so-called Perry applies to imputing conduct or motive, County voting fraud prosecutions. In pen. Mr. SESSIONS’ conduct as U.S. Attorney, from his politically-motivated voting fraud through any form or voice, to a sitting the Perry County case, the government prosecutions to his indifference toward Senator; form or voice includes quotes, indicted three well-known and highly criminal violations of civil rights laws, indi- articles, or other materials. respected Black civil rights activists cates that he lacks the temperament, fair- Ms. WARREN. So quoting Senator on charges of voter fraud and assisting ness and judgment to be a federal judge. KENNEDY, calling then-Nominee Ses- elderly Black voters to vote by absen- The Voting Rights Act was, and still is, vi- tally important to the future of democracy sions a disgrace, is a violation of Sen- tee ballot. But for the efforts of the de- ate rules? It was certainly not in 1986. fendants 20 years ago, these Black citi- in the United States. I was privileged to join Martin and many others during the Selma to The PRESIDING OFFICER. In the zens would not have been allowed to Montgomery march for voting rights in 1965. opinion of the Chair, it is, and the Sen- vote. All three of the defendants were Martin was particularly impressed by the de- ator is warned. acquitted on all charges in the indict- termination to get the franchise of blacks in Ms. WARREN. So let me understand. ments, and some of the elderly Blacks Selma and neighboring Perry County. As he Can I ask a question, in the opinion of have responded to their experiences wrote, ‘‘Certainly no community in the his- the Chair? I want to understand what during the prosecution, vowing never tory of the Negro struggle has responded this rule means. to vote again. Mr. SESSIONS’ role in with the enthusiasm of Selma and her neigh- The PRESIDING OFFICER. The Sen- that case alone should bar him from boring town of Marion. Where Birmingham ator will state her inquiry. depended largely upon students and unem- Ms. WARREN. Is it the contention of serving on the Federal bench. ployed adults [to participate in non-violent There is more—much more. We just protest of the denial of the franchise], Selma the Chair, under the rules of the Sen- received a sworn statement from a Jus- has involved fully 10 per cent of the Negro ate, I am not allowed to accurately de- tice Department attorney I know— population in active demonstrations, and at scribe public views of Senator SES- which will be the subject of a good deal least half the Negro population of Marion SIONS, public positions of Senator SES- of questioning during the course of this was arrested on one day.’’ SIONS, quote public statements of Sen- hearing—who has worked on civil Mrs. King continues: ator SESSIONS?

VerDate Sep 11 2014 05:52 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.230 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE February 7, 2017 CONGRESSIONAL RECORD — SENATE S853 The PRESIDING OFFICER. The In these investigations, Mr. Sessions, as federal judges respect the basic tenets of our Chair has not made a ruling with re- U.S. Attorney, exhibited an eagerness to legal system: respect for individual rights spect to the Senator’s comments. The bring to trial and convict three leaders of and a commitment to equal justice for all. Senator is following process and tradi- the Perry County Civic League, including Al- The integrity of the Courts, and thus the bert Turner despite evidence clearly dem- rights they protect, can only be maintained tion by reminding the Senator from onstrating their innocence of any wrong- if citizens feel confident that those selected Massachusetts of the rule and to which doing. Furthermore, in initiating the case, as federal judges will be able to judge with it applies. Mr. Sessions ignored allegations of similar fairness others holding different views. Ms. WARREN. I am asking what this behavior by whites, choosing instead to chill I do not believe Jefferson Sessions pos- rule means in this context. So can I the exercise of the franchise by blacks by his sesses the requisite judgment, competence, continue with Coretta Scott King’s let- misguided investigation. In fact, Mr. Ses- and sensitivity to the rights guaranteed by ter? sions sought to punish older black civil the federal civil rights laws to qualify for ap- The PRESIDING OFFICER. The Sen- rights activists, advisors and colleagues of pointment to the federal district court. ator may continue. my husband, who had been key figures in the Based on his record, I believe his confirma- Ms. WARREN. Thank you. I will pick civil rights movement in the 1960’s. These tion would have a devastating effect on not were persons who, realizing the potential of only the judicial system in Alabama, but up, then, with Mrs. King’s letter to the the absentee vote among Blacks, had learned Judiciary Committee when the Judici- also on the progress we have made every- to use the process within the bounds of legal- where toward fulfilling my husband’s dream ary Committee was considering, not ity, and had taught others to do the same. that he envisioned over twenty years ago. I then-Senator SESSIONS, Nominee Ses- The only sin they committed was being too therefore urge the Senate Judiciary Com- sions for a position on the Federal successful in gaining votes. mittee to deny his confirmation. The scope and character of the investiga- bench. I thank you for allowing me to share my tions conducted by Mr. Sessions also warrant She makes the point: views. grave concern. Witnesses were selectively However, Blacks still fall far short of hav- chosen in accordance with the favorability of Mrs. King’s views and words ring true ing equal participation in the electoral proc- their testimony to the government’s case. ess. Particularly in the South, efforts con- today. The integrity of our Justice De- Also, the prosecution illegally withheld from tinue to be made to deny Blacks access to partment depends on an Attorney Gen- the defense, critical statements made by wit- the polls, even where Blacks constitute the eral who will fight for the rights of all nesses. Witnesses who did testify were pres- majority of the voters. It has been a long, people. An honest evaluation of JEFF sured and intimidated into submitting the up-hill struggle to keep alive the vital legis- ‘‘correct’’ testimony. Many elderly blacks SESSIONS’ record shows that he is not lation that protects the most fundamental that person. right to vote. A person who has exhibited so were visited multiple times by the FBI, who My concerns regarding JEFF SES- much hostility to the enforcement of those then hauled them over 180 miles by bus to a laws, and thus, to the exercise of those rights grand jury in Mobile when they could have SIONS go far beyond his disappointing by Black people, should not be elevated to more easily have testified at a grand jury record on civil rights. Take immigra- the federal bench. twenty miles away in Selma. These voters, tion, for example. The Daily Beast pub- The irony of Mr. Sessions’ nomination is and others, have announced they are now lished an article a few weeks ago enti- that if confirmed, he will be given life tenure never going to vote again. I urge you to consider carefully Mr. Ses- tled, ‘‘Donald Trump’s Refugee Ban for doing with a federal prosecution what the Has Attorney General Nominee Jeff local sheriffs accomplished twenty years ago sions’ conduct in these matters. Such a re- with clubs and cattle prods. Twenty years view, I believe, raises serious questions Sessions’s Fingerprints All Over It.’’ ago, when we marched from Selma to Mont- about his commitment to the protection of Here is what the article says: gomery, the fear of voting was real, as the the voting rights of all American citizens. To longtime Jeff Sessions observers, the broken bones and bloody heads in Selma and And consequently his fair and unbiased judg- chaos that unfolded in American airports on Marion bore witness. As my husband wrote ment regarding this fundamental right. Saturday morning wasn’t a surprise. At all. at the time, ‘‘it was not just a sick imagina- When the circumstances and facts sur- Rather, the refugee ban was the predictable tion that conjured up the vision of a public rounding the indictments of Al Turner, his culmination of years of advocacy from two of official, sworn to uphold the law, who forced wife, Evelyn, and Spencer Hogue are ana- President Donald Trump’s most trusted advi- an inhuman march upon hundreds of Negro lyzed, it becomes clear that the motivation sors: White House Senior Advisor Stephen children; who ordered the Rev. James Bevel was political, and the result frightening—the Miller, and attorney general designate Jeff to be chained to his sickbed; who clubbed a wide-scale chill of the exercise of the ballot Sessions. For years, Sessions and Miller— Negro woman registrant, and who callously for blacks, who suffered so much to receive who was the Alabama Senator’s communica- inflicted repeated brutalities and indignities that right in the first place. Therefore, it is tions director before leaving to join the upon nonviolent Negroes peacefully peti- my strongly-held view that the appointment Trump campaign—pushed research and talk- tioning for their constitutional right to of Jefferson Sessions to the federal bench ing points designed to make Americans vote.’’ would irreparably damage the work of my afraid of refugees. husband, Al Turner, and countless others Free exercise of voting rights is so funda- Press releases, email forwards, speeches on mental to American democracy, that we can who risked their lives and freedom over the the Senate floor—Miller and Sessions used it not tolerate any form of infringement of past twenty years to ensure equal participa- all to make the case against Obama’s refugee those rights. Of all the groups who have been tion in our democratic system. program was a huge terror threat. The exec- disenfranchised in our nation’s history, none The exercise of the franchise is an essen- utive order Trump signed late in the day on has struggled longer or suffered more in the tial means by which our citizens ensure that Friday is just the logical conclusion of their attempt to win the vote than Black citizens. those who are governing will be responsible. work. No group has had access to the ballot box de- My husband called it the number one civil nied so persistently and intently. Over the right. The denial of access to the ballot box I started getting press releases that Miller past century, a broad array of schemes have ultimately results in the denial of other fun- sent on behalf of Jeff Sessions in March 2013, been used in attempts to block the Black damental rights. For, it is only when the shortly after I moved to D.C. to cover Con- vote. The range of techniques developed with poor and disadvantaged are empowered that gress. The emails went to my Gmail, and the purpose of repressing black voting rights they are able to participate actively in the kept coming over the years—hundreds and run the gambit from the straightforward ap- solutions to their own problems. hundreds of them. By the time he left Ses- plication of brutality against black citizens We still have a long way to go before we sions’ office to join the Trump campaign, who tried to vote to such legalized frauds as can say that minorities no longer need to be Miller’s press releases were legendary among ‘‘grandfather clause’’ exclusions and rigged concerned about the discrimination at the Hill reporters: There were just so many of literacy tests. polls. Blacks, Hispanics, Native Americans, them at all hours of the day, and they never The actions taken by Mr. Sessions in re- and Asian Americans are grossly underrep- stopped. Some were lengthy diatribes; some gard to the 1984 voting fraud prosecutions resented at every level of government in were detailed, homemade charts; some were represent just one more technique used to in- America. If we are going to make our time- one-liners; one was just a link to Facebook’s timidate Black voters, and thus deny them less dream of justice through democracy a stock page on Google Finance with the sub- this most precious franchise. The investiga- reality, we must take every possible step to ject line, ‘‘Does this mean that Facebook has tions into the absentee voting process were ensure that the spirit and intent of the Vot- enough money now to hire Americans?’’ conducted only in the Black Belt counties, ing Rights Act of 1965 and the Fifteenth ‘‘I wanted to put together a little book of where blacks had finally achieved political Amendment of the Constitution is honored. the best emails I ever sent,’’ Miller told Po- power in the local government. Whites had The federal courts hold a unique position litico last June. ‘‘I spent hours and hours of been using the absentee process to their ad- in our constitutional system, ensuring that research on those.’’ vantage for years, without incident. Then, minorities and other citizens without polit- Some of that research had serious meth- when Blacks, realizing its strength, began to ical power have a forum in which to vindi- odological problems, according to Alex use it with success, criminal investigations cate their rights. Because of this unique role, Nowrasteh, an immigration expert at the lib- were begun. it is essential that the people selected to be ertarian Cato Institute.

VerDate Sep 11 2014 06:55 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.232 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE S854 CONGRESSIONAL RECORD — SENATE February 7, 2017 ‘‘Miller’s work vastly overstates the threat to unilaterally decide how many refugees he residents have been put at risk. On behalf of of foreign terrorists to the homeland,’’ wishes to admit, nor continue to force tax- the Commonwealth, my office is challenging Nowrasteh said. payers to pick up the tab for tens of billions the immigration ban to hold this administra- He pointed to Miller’s efforts to chronicle of unpaid-for welfare and entitlement costs.’’ tion accountable for its un-American, dis- cases of refugees implicated in terrorist ac- ‘‘The omnibus’’— criminatory, and reckless decision-making. tivity. It is true that some refugees in the Still quoting the letter from Sen- In 2013, Senator SESSIONS voted U.S. have been indicted for terrorism-related ators SHELBY and SESSIONS— against reauthorizing the Violence crimes, Nowrasteh said. But instances of ref- ugees actually planning terror attacks on would put the U.S. on a path to approve ad- Against Women Act, a bill that ex- American soil, he added, were vanishingly mission for hundreds of thousands of mi- panded protections and services pro- rare. grants from a broad range of countries with vided to victims of sexual assault and jihadist movements over the next 12 months, ‘‘Almost all the refugees that I was domestic violence. on top of all the other autopilot annual im- There is a piece from the Bedford able to specifically identify in his set migration—absent language to reduce the were trying to support a foreign ter- numbers,’’ the release continued. Minuteman that really tells the story rorist organization, mostly Al Shabab That same statement also suggested that of how sexual violence impacts Massa- in Somalia, by giving them money or refugees were robbing elderly Americans of chusetts. This is what it said: ‘‘They something like that,’’ Nowrasteh said. their benefits. are mothers, daughters, sisters, fa- ‘‘I don’t know about you, but I think ‘‘Refugees are entitled to access all major thers, sons, and brothers.’’ welfare programs, and they can also draw there’s a big difference between send- The PRESIDING OFFICER. The Ma- benefits directly from the Medicare and So- jority leader. ing a militia in your home country cial Security Disability and retirement trust Mr. MCCONNELL. Mr. President, the funds and trying to blow up a mall in funds—taking those funds straight from the Senator has impugned the motives and Cincinnati.’’ pockets of American retirees who paid into conduct of our colleague from Ala- The collective effect of Miller and Ses- these troubled funds all their lives,’’ Ses- sions’ messaging was to enthusiastically sions and Shelby said. bama, as warned by the Chair. push a narrative that now dominates the Now that Trump is president, those num- Senator WARREN said Senator SES- Trump administration: that refugees and bers are getting reduced—and fast. SIONS ‘‘has used the awesome power of other immigrants steal Americans’ jobs, Another foreboding subject line from Mil- his office to chill the free exercise of suck up too much welfare money, incubate ler showed up in reporters’ inboxes on Nov. the vote by Black citizens.’’ terrorists in their communities and, overall, 20, 2015: ‘‘ICYMI: Each 5 years, U.S. issuing I call the Senator to order under the more new green cards to migrants from Mus- are a big problem. provisions of rule XIX. The conclusion was always the same: The lim nations the population of Washington, D.C.’’ The PRESIDING OFFICER. The Sen- government should let in far fewer refugees, ator from Massachusetts. and it should think twice about welcoming Sessions also took to the Senate floor to Muslims. argue that Muslim immigrants are uniquely Ms. WARREN. Mr. President, I am And now, that’s exactly what Trump is dangerous. On Nov. 19, 2015, the Alabaman surprised that the words of Coretta doing. said the following about Muslims: Scott King are not suitable for debate For instance, in one ‘‘Dear Colleague’’ let- ‘‘It is an unpleasant but unavoidable fact in the United States Senate. ter that Sessions co-authored with conserv- that bringing in a large unassimilated flow I ask leave of the Senate to continue ative Republican Rep. David Brat—a letter of migrants from the Muslim world creates my remarks. Miller blasted out to his press list—the the conditions possible for radicalization and extremism to take hold.’’ The PRESIDING OFFICER. Is there would-be Attorney General ripped into the objection? refugee program. In the speech, Sessions argued that the ‘‘There can be no higher duty as law- U.S. should set up safe zones in Syria where Mr. MCCONNELL. I object. makers than to keep our constituents and refugees could settle—instead of allowing The PRESIDING OFFICER. Objec- their families safe,’’ Brat and Sessions any of them into the United States. Miller tion is heard. wrote. ‘‘Yet our reckless refugee programs, emailed reporters as Sessions spoke to high- The Senator will take her seat. lax green card and visa policies, utter failure light his argument. Now it’s Trump’s posi- APPEALING THE RULING OF THE CHAIR tion. to enforce rampant visa overstays, along QUORUM CALL At Breitbart, Julia Hahn covered Sessions’ with our wide open southern border, put the Ms. WARREN. Mr. President, I ap- U.S. at grave and needless risk.’’ speech, in an article headlined ‘‘Afghanistan ‘‘Grave and needless risk’’—it is a view Migration Surging into America: 99% Sup- peal the ruling of the Chair, and I sug- that clearly informs Trump’s decision to port Sharia Law.’’ News broke earlier this gest the absence of a quorum. temporarily ban refugees. week that Hahn got a job in the White House The PRESIDING OFFICER. The And a Miller press release, blasted out on as an assistant to Trump and senior advisor clerk will call the roll. November 25, 2015, included this ominous Stephen Bannon. The legislative clerk proceeded to title: ‘‘U.S. Issued 680,000 Green Cards to Mi- And on and on and on, for hundreds of call the roll and the following Senators grants from Muslim Nations Over the Last 5 emails, without even a whisper of flip-flop- ping. entered the Chamber and answered to Years.’’ their names: Sessions then forwarded that email to his Trump’s crack-down on Muslims and refu- email list on Jan. 12, 2016, the day of gees should not surprise anyone. He is just [Quorum No. 3 Ex.] Obama’s final State of the Union address, taking his advisors’ advice. Daines Kennedy Warren and added this note: ‘‘Some numerical con- Trump’s Executive order sparked Fischer Klobuchar text for any discussions of refugee policy protests and resistance all across the Hatch McConnell that may arise tonight. As further context, Nation. People across the country and The PRESIDING OFFICER. A the top-sending country for migrants are around the world are standing up to quorum is not present. Iraq and Pakistan, according to Pew, ‘Nearly The clerk will call the names of ab- all Muslims in Afghanistan (99%) and most say that it contradicts our core values and that it violates the law. sent Senators. in Iraq (91%) and Pakistan (84%) support The legislative clerk resumed the Sharia law as official law.’ ’’ Massachusetts is on the frontlines of The implication was clear as a bell: Mus- challenging this illegal and downright call of the roll and the following Sen- lim immigrants are flooding into the U.S., offensive Executive order. Last week, ator entered the Chamber and an- and they are bringing Sharia with them. Massachusetts Attorney General swered to his name: Someone who agreed with Miller’s assess- Maura Healey joined a Federal lawsuit [Quorum No. 3 Ex.] ment would do what Trump just did. to challenge that Executive order. This Cornyn Just about any time a refugee living in the U.S. was charged, implicated, or otherwise is what she said. I am quoting Attorney The PRESIDING OFFICER. A connected to terrorism, Miller emailed his General Healey: quorum is not present. list about it. Harm to our institutions, our citizens, and The majority leader. Another Sessions press release, sent joint- our businesses is harm to the Commonwealth Mr. MCCONNELL. Mr. President, I ly with Sen. Richard Shelby, also included of Massachusetts. . . . The President’s Exec- move to instruct the Sergeant at Arms ominous intonations about refugees and utive order is a threat to our Constitution. to request the attendance of absent Muslims. Rather than protecting our national secu- ‘‘Congress must cancel the President’s rity, it stigmatizes those who would lawfully Senators, and I ask for the yeas and blank refugee check and put Congress back immigrate to our State. With this policy, nays. in charge of the program,’’ Sessions and our global universities, hospitals, businesses, The PRESIDING OFFICER. Is there a Shelby said. ‘‘We cannot allow the President and startups and far too many students and sufficient second?

VerDate Sep 11 2014 05:52 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.233 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE February 7, 2017 CONGRESSIONAL RECORD — SENATE S855 There appears to be a sufficient sec- from Georgia (Mr. ISAKSON), and the The PRESIDING OFFICER. The Sen- ond. Senator from Alabama (Mr. SESSIONS). ator from California. The question is on agreeing to the Mr. DURBIN. I announce that the Ms. HARRIS. Mr. President, the sug- motion. Senator from Delaware (Mr. CARPER), gestion that reciting the words of the The clerk will call the roll. the Senator from Delaware (Mr. great Coretta Scott King would invoke The senior assistant legislative clerk COONS), the Senator from California rule XIX and force Senator WARREN to called the roll. (Mrs. FEINSTEIN), the Senator from sit down and be silent is outrageous. Mr. CORNYN. The following Senators Vermont (Mr. SANDERS), and the Sen- MOTION TO PROCEED IN ORDER are necessarily absent: the Senator ator from Virginia (Mr. WARNER) are Mr. President, I move that the Sen- from Texas (Mr. CRUZ), the Senator necessarily absent. ator from Massachusetts be permitted from Georgia (Mr. ISAKSON), and the The PRESIDING OFFICER. Are there to proceed in order. Senator from Alabama (Mr. SESSIONS). any other Senators in the Chamber de- The PRESIDING OFFICER. The Mr. DURBIN. I announce that the siring to vote? question is on agreeing to the motion. Senator from Delaware (Mr. CARPER), The result was announced—yeas 49, Mr. MCCONNELL. I ask for the yeas the Senator from Delaware (Mr. nays 43, as follows: and nays. COONS), the Senator from California [Rollcall Vote No. 57 Ex.] The PRESIDING OFFICER. Is there a (Mrs. FEINSTEIN), the Senator from YEAS—49 sufficient second? Connecticut (Mr. MURPHY), the Senator Alexander Flake Perdue There appears to be a sufficient sec- from Vermont (Mr. SANDERS), and the Barrasso Gardner Portman ond. Senator from Virginia (Mr. WARNER) Blunt Graham Risch The clerk will call the roll. are necessarily absent. Boozman Grassley Roberts Burr Hatch Rounds The legislative clerk called the roll. The PRESIDING OFFICER (Mr. Capito Heller Rubio Mr. CORNYN. The following Senators ROUNDS). Are there any other Senators Cassidy Hoeven Sasse are necessarily absent: the Senator in the Chamber desiring to vote? Cochran Inhofe Scott Collins Johnson from Texas (Mr. CRUZ) and the Senator Shelby The result was announced—yeas 88, Corker Kennedy from Alabama (Mr. SESSIONS). Sullivan nays 3, as follows: Cornyn Lankford Thune Mr. DURBIN. I announce that the [Rollcall Vote No. 56 Ex.] Cotton Lee Crapo McCain Tillis Senator from Delaware (Mr. CARPER), YEAS—88 Daines McConnell Toomey the Senator from Delaware (Mr. Wicker Alexander Franken Murkowski Enzi Moran COONS), the Senator from California Young Baldwin Gardner Murray Ernst Murkowski (Mrs. FEINSTEIN), the Senator from Barrasso Gillibrand Fischer Paul Nelson Vermont (Mr. SANDERS), and the Sen- Bennet Graham Paul NAYS—43 Blumenthal Grassley Perdue ator from Virginia (Mr. WARNER) are Blunt Harris Peters Baldwin Hassan Nelson necessarily absent. Bennet Heinrich Booker Hassan Portman Peters The PRESIDING OFFICER. Are there Blumenthal Heitkamp Boozman Hatch Reed Reed Brown Heinrich Booker Hirono any other Senators in the Chamber de- Risch Schatz Burr Heitkamp Brown Kaine siring to vote? Roberts Schumer Cantwell Heller Cantwell King Shaheen The result was announced—yeas 43, Capito Hirono Rounds Cardin Klobuchar Sasse Stabenow nays 50, as follows: Cardin Hoeven Casey Leahy Tester Schatz Cortez Masto Manchin Casey Inhofe Udall [Rollcall Vote No. 58 Ex.] Cassidy Schumer Donnelly Markey Johnson Van Hollen YEAS—43 Cochran Kaine Scott Duckworth McCaskill Warren Collins Kennedy Shaheen Durbin Menendez Baldwin Hassan Nelson Whitehouse Corker King Shelby Franken Merkley Bennet Heinrich Peters Cornyn Klobuchar Stabenow Gillibrand Murphy Wyden Blumenthal Heitkamp Reed Cortez Masto Lankford Sullivan Harris Murray Booker Hirono Schatz Cotton Leahy Brown Kaine Tester NOT VOTING—8 Schumer Crapo Lee Thune Cantwell King Shaheen Daines Manchin Tillis Carper Feinstein Sessions Cardin Klobuchar Stabenow Casey Leahy Donnelly Markey Udall Coons Isakson Warner Tester Cortez Masto Manchin Duckworth McCain Van Hollen Cruz Sanders Udall Donnelly Markey Durbin McCaskill Warren Van Hollen Enzi The PRESIDING OFFICER. The deci- Duckworth McCaskill McConnell Whitehouse Warren Ernst Menendez sion of the Chair stands as the judg- Durbin Menendez Wyden Whitehouse Fischer Merkley Franken Merkley Young ment of the Senate. Wyden Flake Moran Gillibrand Murphy The Democratic leader. Harris Murray NAYS—3 Mr. SCHUMER. Mr. President, I yield NAYS—50 Rubio Toomey Wicker 1 minute to the Senator from Maine. The PRESIDING OFFICER. The Sen- Alexander Flake Paul NOT VOTING—9 ator from Maine. Barrasso Gardner Perdue Blunt Graham Carper Feinstein Sanders Mr. KING. Mr. President, Parliamen- Portman Coons Isakson Sessions Boozman Grassley Risch Cruz Murphy Warner tary inquiry. Burr Hatch Roberts The PRESIDING OFFICER. The Sen- Capito Heller Rounds The motion was agreed to. Cassidy Hoeven ator will state his inquiry. Rubio The PRESIDING OFFICER. A Cochran Inhofe Sasse Mr. KING. In the opinion of the Collins Isakson Scott quorum is present. Corker Johnson Chair, would one Senator calling an- Shelby APPEALING THE RULING OF THE CHAIR Cornyn Kennedy other Senator a liar during debate on Sullivan The question before the Senate is, Cotton Lankford the floor of the Senate be a violation of Crapo Lee Thune Shall the decision of the Chair to hold rule XIX? Daines McCain Tillis the Senator from Massachusetts in vio- The PRESIDING OFFICER. In the Enzi McConnell Toomey lation of rule XIX stand as the judg- Ernst Moran Wicker opinion of the Chair, it would. Young ment of the Senate. Mr. KING. Thank you, Mr. President. Fischer Murkowski Mr. DURBIN. I ask for the yeas and I yield back. NOT VOTING—7 nays. The PRESIDING OFFICER. The Sen- Carper Feinstein Warner The PRESIDING OFFICER. Is there a ate majority leader. Coons Sanders sufficient second? Mr. MCCONNELL. Here is what tran- Cruz Sessions There is a sufficient second. spired. Senator WARREN was giving a The motion was rejected. The clerk will call the roll. lengthy speech. She had appeared to The PRESIDING OFFICER. The The legislative clerk called the roll. violate the rule. She was warned. She Democratic leader. Mr. CORNYN. The following Senators was given an explanation. Neverthe- Mr. SCHUMER. Mr. President, if the are necessarily absent: the Senator less, she persisted. average American heard someone read from Texas (Mr. CRUZ), the Senator I yield the floor. a letter from Coretta Scott King that

VerDate Sep 11 2014 06:55 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.237 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE S856 CONGRESSIONAL RECORD — SENATE February 7, 2017 said what it said, they would not be of- they took a position different than Mr. MERKLEY. If a Member of the fended. They would say that is some- mine. I have never known of a Repub- Senate is being considered for nomina- one’s opinion; that is all. lican Senator to do that, and here we tion, and we are exercising our advice It seems to me that we could use rule are talking about a letter from a civil and consent power, and if there is fac- XIX almost every day on the floor of rights icon. tual conduct in that individual’s back- the Senate. This is selective enforce- Let’s not go down this path. It is not ground that is presented on the floor ment, and another example of our col- good for the country. It is not good for that is uncomplimentary, would pre- leagues on the other side of the aisle the Senate, it is not good for democ- senting the facts of that conduct in the escalating the partisanship and further racy, and it sure as heck is not good for process of debating an individual be decreasing comity in the Senate. free speech. considered in violation of rule XIX? I yield the floor. I admire the Senator from Rhode Is- The PRESIDING OFFICER. The rule The PRESIDING OFFICER. The Sen- land. He is a man of great integrity, a makes no distinction between those ator from Rhode Island. man who was attorney general of his Senators who are nominees and those Mr. WHITEHOUSE. Mr. President, I State and U.S. attorney in his State. who are not. The rule does not permit have a question. I guess it is in the na- His request was something that is nor- truth to be a defense of the slight. ture of a parliamentary question, and mally accepted automatically. I would Mr. MERKLEY. Mr. President, just that is, whether it would be in order to hope Senators would reconsider. to make sure I understand that clearly, ask unanimous consent that the letter I yield the floor. if we are considering a nominee who from which Senator WARREN read be The PRESIDING OFFICER. The Sen- happens to be a Senator and we state put into the RECORD as a confirmation ator from Idaho. factual elements of their background, that she was, in fact, accurately read- Mr. RISCH. Mr. President, I am the for example, the conviction of a crime ing from the letter, that it be added as one who entered the objection, and let that is inappropriate conduct in the an exhibit in the CONGRESSIONAL me say to my good friend from past, stating the factual record about RECORD. Vermont that I agree with him 100 per- an individual would be considered in The PRESIDING OFFICER. The text cent that we should get back to what violation of rule XIX? of the letter is in the RECORD of the made the Senate great. The PRESIDING OFFICER. Each of Senate as the Senator was reading it in We have rules around here, and the these cases will be decided by the Pre- her testimony. rules are very clear that you don’t im- siding Officer in the context at that Mr. WHITEHOUSE. The text of the pugn another Senator. Now, you can’t time. letter as she read it, but not the com- do that in your words and you can’t do Mr. MERKLEY. Just to clarify, if I plete letter. it with writings. You can’t hold up a could, therefore, the point is that The PRESIDING OFFICER. The Sen- writing that impugns another Senator something could be absolutely true, as, ator may ask consent. and say: Well, this is what somebody perhaps, a point that was made ear- Mr. WHITEHOUSE. I ask unanimous else said. I am not saying it, but that lier—a statement can be true in a let- consent that the complete letter from is OK. ter that is presented—but even if it is which Senator WARREN read be printed It is not OK. It is a violation of the true and accurate for a person under in the CONGRESSIONAL RECORD to con- rules, and we should get back to what consideration for a nomination, it firm that she has in fact read from it. made this Senate great, and that is, to would still be in violation. In other The PRESIDING OFFICER. Is there stay within the rules, stay within civil- words, the fact that an individual is objection? ity, and not impugning another Sen- found in violation of rule XIX doesn’t Mr. RISCH. I object. ator, whether it is through words or mean that the statement had to be The PRESIDING OFFICER. Objec- whether it is through writings. false. It could have been a true state- tion is heard. I yield the floor. ment? The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. You are ator from Vermont. ator from Florida. correct, Senator. Mr. LEAHY. Mr. President, this is Mr. RUBIO. Mr. President, I have a Mr. MERKLEY. Thank you. fascinating. I say to my colleagues, I parliamentary inquiry as well. The PRESIDING OFFICER. The as- have served here longer than any other The first question, Mr. President, is sistant Republican leader. Mr. CORNYN. Mr. President, I just Member of this body. I have been here this: It is my understanding that the want the RECORD to be abundantly 42 years. I have been here when the ruling of the Chair was based on the clear. The language that resulted in Democrats were in the majority and advice of the Parliamentarian. Is that the vote that we had invoking rule XIX when the Republicans were in the ma- accurate, Mr. President; on the advice was related to a quotation from Sen- jority, with Democratic Presidents and of the Parliamentarian that the rule ator Ted Kennedy that called the nomi- Republican Presidents. I have never, had been violated? The PRESIDING OFFICER. No. The nee ‘‘a disgrace to the Justice Depart- ever seen a time when a Member of the Chair sustained the ruling of the ma- ment, and he should withdraw his nom- Senate asked to put into the RECORD a jority leader on his own. ination and resign his position.’’ That letter especially by a civil rights icon Mr. RUBIO. OK. The second question was the quote. Our colleagues want to and somebody objected. It has always I have, Mr. President: Does the rule say try to make this all about Coretta been done. anything that impugns another Mem- I have had letters that people have Scott King and it is not. I think the ber of the Senate, directly or indi- asked to be put in that were contrary complete context should be part of the rectly? Is that an accurate reading of to a position that I might take. Of RECORD. the rule? Mr. MERKLEY. Parliamentary in- course, I would not object. They are al- The PRESIDING OFFICER. The Sen- quiry. lowed to do it. I have seen letters when ator is correct, and I will read the Mr. SCHUMER addressed the Chair. Members of both sides of the aisle have paragraph. This is rule XIX, section 2. The PRESIDING OFFICER. The debated back and forth and the other No Senator in debate shall, directly or in- Democratic leader. side would put in letters that were con- directly, by any form of words impute to an- Mr. SCHUMER. Mr. President, it is trary to their opponents’ positions, and other Senator or to other Senators any con- my understanding—I was not there— of course nobody objected. duct or motive unworthy or unbecoming a that there was a warning over Senator Don’t let the Senate turn into some- Senator. Kennedy’s letter, but the actual ruling thing it has never been before. I would Mr. RUBIO. Thank you, Mr. Presi- was based on Coretta Scott King’s let- hope that cooler heads would prevail, dent. ter; is that correct? and we go back to the things that made The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Yes, that the Senate great, that made the Senate ator from Oregon. is correct. the conscience of the Nation, as it Mr. MERKLEY. A parliamentary in- Mr. SCHUMER. Thank you, Mr. should be. quiry. President. I have never once objected to a Sen- The PRESIDING OFFICER. State The PRESIDING OFFICER. The Sen- ator introducing a letter, even though your question. ator from Rhode Island.

VerDate Sep 11 2014 06:55 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.240 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE February 7, 2017 CONGRESSIONAL RECORD — SENATE S857 Mr. WHITEHOUSE. Mr. President, this time and have carried over into a partisan issue. It really is not. I can pursuing Senator MERKLEY’s hypo- this session, is that correct? tell you this with full confidence that thetical, if it came before the Senate The PRESIDING OFFICER. The Sen- if one of my colleagues on this side of that a Member of the Senate who was ator is correct. the aisle had done that, I would also a nominee seeking the advice and con- Mr. RUBIO. The reason I ask that is like to think that I would have been sent of the Senate to the position was, the following—but I think we all feel one of those people objecting, and here for example, in fact, a horse thief, and very passionate about the issues before is why. we found the fact that he was a horse us. I have not been here as long as Sen- Turn on the news and watch these thief to be relevant to whether or not ator LEAHY, whose service has been parliaments around the world where he should be confirmed, say, to the De- quite distinguished over a long period people throw chairs at each other and partment of Interior, which has au- of time. I truly do understand the pas- throw punches, and ask yourself: How thority over lands, does the ruling of sions people bring to this body. I like does that make you feel about those the Chair mean that it would not be in to think that I, too, am passionate countries? It doesn’t give you a lot of order for the Senate or for Senators to about the issues before us. confidence about those countries. I am consider what in my hypothetical is I think this is an important moment. not arguing that we are anywhere near the established fact that the Senator It is late. Not many people are paying that tonight, but we are flirting with was a horse thief as we debate his nom- attention. I wish they would though be- it. We are flirting with it in this body, ination here on the floor? cause I think the question here is one and we are flirting with it in this coun- The PRESIDING OFFICER. Once of the reasons I ran for this body to try. We are becoming a society incapa- again, the answer is the same, that begin with. Maybe it is because of my ble of having debates anymore. In this country, if you watch the big each of these decisions will be made at background; I am surrounded by people policy debates that are going on in the time and in the context in which who have lost freedoms in places where America, no one ever stops to say: I they occur, and the decision of the they are not allowed to speak. One of think you are wrong. I understand your Chair is subject to a vote of the Senate the great traditions of our Nation is point of view. I get it. You have some and an appeal. the ability to come forward and have valid points, but let me tell you why I Mr. WHITEHOUSE. I guess, Mr. debates. think my view is better. I don’t hear President, what I don’t understand is But the Founders and the Framers that anymore. that we have fairly significant respon- and those who established this institu- tion and guided us over two centuries Here is what I hear almost automati- sibilities under the Constitution to cally—and let me be fair—from both understood that that debate was im- provide advice and consent. It appears sides of these debates. Immediately, possible if, in fact, the matter became that the ruling of the Chair has just immediately, as soon as you offer an of a personal nature. I don’t believe been that when a Member of this body idea, the other side jumps and says that was necessarily the intention is the subject of that advice and con- that the reason you say that is because here, although perhaps that was the sent, then derogatory information you don’t care about poor people, be- way it turned out. But I think it is im- about that person is not in order and is cause you only care about rich people, portant for us to understand why that a violation of rule XIX on the Senate because you are this or you are that or matters so much. floor. And with that being the ruling, I you are the other. And I am just telling I want people to think about our pol- don’t know how we go about doing our you guys, we are reaching a point in itics here in America because I am tell- duties. Are we supposed to simply blind this Republic where we are not going ing you guys, I don’t know of a single ourselves to derogatory information, to be able to solve the simplest of Nation in the history of the world that discuss it privately in the cloak rooms, issues because everyone is putting has been able to solve its problems not bring it out onto the floor of the themselves in the corner where every- when half the people in the country ab- U.S. Senate, this supposedly great de- one hates everybody. bating society that actually has a con- solutely hate the other half of the peo- Now I don’t pretend to say that I am stitutional responsibility to discuss ple in that country. This is the most not myself from time to time in heated both the advantages and the deficits of important country in the world, and debates outside of this forum. I have a particular nominee? this body cannot function if people are been guilty of perhaps hyperbole, and The PRESIDING OFFICER. In each offending one another, and that is why for those—I am not proud of it. case, it is the opinion of the President, those rules are in place. But I have to tell you, I think what subject to the final vote by the Senate I was not here when Secretary Clin- is at stake here tonight and as we de- to support or not to support the Presi- ton was nominated as a Member of this bate moving forward is not simply dent’s decision. body at the time, but I can tell you some rule but the ability of the most Mr. WHITEHOUSE. So the precedent that I am just barely old enough to important Nation on Earth to debate going forward is that any Senator who know that some very nasty things have in a productive and respectful way the discusses derogatory information that been written and said about Senator pressing issues before us. I just hope we is a matter of public record, that may Clinton. And I think the Senate should understand that because I have tre- even include criminal behavior by a be very proud that during her nomina- mendous respect for the other Cham- Senator who is a candidate for Execu- tion to be Secretary of State—despite ber, and I understand that it was de- tive appointment that requires advice the fact that I imagine many people signed to be different. But one of the and consent, is at risk of being sanc- were not excited about the fact that reasons I chose to run for the Senate tioned by this body by a simple par- she would be Secretary of State—to my and, quite frankly, to run for reelec- tisan majority of this body under rule recollection, and perhaps I am incor- tion is that I believed I served with 99 XIX if they raise those issues on the rect, not a single one of those horrible other men and women who deeply love floor? things that have been written or said their country, who have different The PRESIDING OFFICER. It is not about her, some of which actually did points of view, who represent men and necessary for a point of order to be accuse her of wrongdoing, was uttered women who have different views from raised under rule XIX, but if the point on the floor of the Senate. the men and women whom I may rep- of order is raised, an opinion will be I happen to remember in 2004 when resent on a given issue and who are made and it is subject to a vote of the then-Senator Kerry ran for President. here to advocate for their points of Senate in the manner previously de- Some pretty strong things were writ- view, never impugning their motives. scribed. ten and said about him. I was here for One of the things I take great pride Mr. WHITEHOUSE. I yield the floor. that when he was nominated and con- in—and I tell this to people all the The PRESIDING OFFICER. The Sen- firmed to be Secretary of State. And I time—is that the one thing you learn ator from Florida. don’t recall a single statement being about the Senate is, whether you agree Mr. RUBIO. Mr. President, I first read into the RECORD about the things with them or not, you understand why have a parliamentary inquiry. These that have been said about him. every single one of those other 99 peo- are the continuing rules of the Senate Now, I want everybody to understand ple are here. They are intelligent peo- that have been in existence previous to that at the end of the night, this is not ple, they are smart people, they are

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And frankly, some- stand why they stand for that, but I great shame, will live to regret it. times there is an awful lot of politics know why they are doing it. It is be- Mr. President, I yield the floor. being played here on both sides. cause they represent people who be- The PRESIDING OFFICER. The Look, I happen to like the senior lieve that. Democratic leader. Senator from Massachusetts. I think I am so grateful that God has allowed Mr. SCHUMER. Mr. President, I she is an intelligent, lovely woman in me to be born, to live, and to raise my don’t want to prolong this much more. many ways. But I have to tell you, I family in a nation where people with In light of what my friend from Florida listened to her for quite a while, and such different points of view are able to said, I would just reread what I said she didn’t have a good thing to say debate those things in a way that earlier. about a fellow Senator. Frankly, I doesn’t lead to war, that doesn’t lead If average Americans heard someone don’t think that is right. If we don’t re- to overthrows, that doesn’t lead to vio- read a letter from Coretta Scott King spect each other, we are going down a lence. And you may take that for that said what it said, they would not very steep path to oblivion. granted. be offended. They would say that is I would hope that both sides would All around the world tonight, there someone’s opinion. That is all. take stock of these debates. We can dif- are people who, if they stood up here It seems to me we could use rule XIX fer. We understand that the Democrats and said the things that we say about almost every day on the floor of the are not happy with the current Presi- the President or others in authority, Senate, as my colleague from Maine so dent. We are happy with him. We can they would go to jail. I am not saying pointedly and piquantly exhibited a differ on that, and we can fight over that is where we are headed as a na- few minutes ago. various issues and so forth. But to at- tion; I am just saying, don’t ever take This selective enforcement is another tack a fellow Senator without reserva- that for granted. example of our colleagues on the other tion seems to me the wrong thing to The linchpin of that is this institu- side of the aisle escalating the par- do. It may not have risen to the level of tion. The linchpin of that debate is the tisanship and further decreasing the a violation of the rules, but I think it ability of this institution through un- comity of the Senate, which I treasure comes close, and I have sat here and limited debate and the decorum nec- as well. This was unnecessary. listened to most of it and, frankly, I essary for that debate to be able to The PRESIDING OFFICER. The Sen- don’t believe that the distinguished conduct itself in that manner. ator from Utah. I know that tonight was probably a Mr. HATCH. Mr. President, I take Senator from Massachusetts was right in any respect. I have been here a long made-for-TV moment for some people. umbrage with what the minority leader time and I have seen some pretty rough This has nothing to do with censuring said. I sat here and listened to the dis- the words of some great heroes. I have talk, but never like we have had this tinguished Senator from Massachu- extraordinary admiration for the men first couple of months here. We have setts, who went on and on and on. and women who led the civil rights ef- gone so far on both sides that we are Many of her remarks were criticizing a fort in this country, and I am self-con- almost dysfunctional. fellow colleague in the Senate. I don’t scious or understanding enough to I admit it was tough for the Demo- know about the other side, but I find it know that many of the things that crats to lose the Presidential election. offensive for either side to be criti- have been possible for so many people Most people thought that Hillary Clin- cizing, as was done here tonight, a sit- in this country in the 21st century were ton would win. I was not one of them. ting Member of the Senate. made possible by the sacrifices and the I thought there was a real chance be- I am absolutely astounded that the work of those who came before us. cause I knew a lot of people would not This has to do with a fundamental re- Democrats, my friends on the other say for whom they were going to vote. ality, and that is that this body cannot side, have taken to the war tables a de- I think, correctly, I interpreted that carry out its work if it is not able to sire to defeat JEFF SESSIONS. I have meant that they were going to vote for conduct debates in a way that is re- been here a long time, and I have to Donald Trump, and the reason they spectful of one another, especially say that I knew JEFF SESSIONS even be- were is that they are tired of what is those of us who are in this Chamber to- fore he came here, and I have known going on. They are tired of what is gether. him since he has been here. And, yes, I hurting this country. They are tired of I also understand this: If the Senate differ with him on a number of issues, the picayune little fights that we have ceases to work, if we reach a point but I would never say things about him around here. where this institution—given every- as have been said by my colleagues on I think we have to grow up. I suggest thing else that is going on in politics the other side. I think that we all that all of us take stock of ourselves today, where you are basically allowed ought to take some stock in what we and see if we can treat each other with to say just about anything, for I have are doing here. greater respect. I have to say, I re- seen over the last year and a half JEFF SESSIONS is a very fine person. sented—as much as I like the distin- things said about people, about issues, Think of his wife. She is a really fine guished Senator from Massachusetts, I about institutions in our republic that person. Jeff has been here 20 years. He resent the constant diatribe against a I never thought I would see ever—ever. has interchanged with almost all of us. fellow Senator. Even if everything she If we lose this body’s ability to conduct Sometimes you agree with him, and said was true, it wasn’t the right thing debate in a dignified manner—and I sometimes you disagree with him, but to do. I don’t think any of us should do mean this with no disrespect to anyone he has always been a gentleman. He that to them, either. We can differ, we else. I don’t believe anyone came on has always been kind and considerate can argue, we can fight over certain the floor here tonight saying: I am of his colleagues. I can’t name one time words and so forth, but I have been ap- going to be disrespectful on purpose when he wasn’t. Yet we are treating palled at the way the Democrats have and turn this into a circus. But I am him like he is some terrible person who treated JEFF SESSIONS. I have found just telling you that if this body loses doesn’t deserve to be chosen by the JEFF SESSIONS—having worked with the ability to have those sorts of de- current President of the United States him for 20 years and having disagreed bates, then where in this country is to be Attorney General of the United with him on a number of things—to be that going to happen? In what other States. a gentleman in every respect and to forum in this Nation is that going to be I think we ought to be ashamed of present his viewpoints in a reasonable possible? ourselves—I really do—on both sides. and decent way. So I would just hope everybody would And frankly, we have to get to where I would hope that my colleagues on stop and think about that. I know I everything is not an issue here. I know the other side would consider voting

VerDate Sep 11 2014 05:52 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.242 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE February 7, 2017 CONGRESSIONAL RECORD — SENATE S859 for JEFF SESSIONS or at least treating ing from her tomorrow and many days our democracy. I know the Senator him with respect. in the future on so many topics. from Florida himself has said that this I admit that I think some of this I also wanted to say something about time it happened to one candidate, one comes from the fact that they are very my friend from Utah. We have worked party, and the next time it could be an- upset at Donald Trump, and it is easy together on so many bills. I have seen other party, another candidate. So this to see why. He won a very tough, con- firsthand that he means what he says idea of voting—this idea of the freedom tested election against one of their about treating this Chamber with the to vote—is the core of our democracy. principal people. That is hard to take, dignity that we all deserve and that One of the most important duties of maybe. That doesn’t justify what has the American people deserve. the Justice Department—and that is been going on against JEFF SESSIONS. Also, I was especially impressed by the office for which the Attorney Gen- We ought to be proud that JEFF has the words from the Senator from Flor- eral would run—is safeguarding voters’ a chance to become the Attorney Gen- ida. When I see the majority leader and access to the ballot box. This issue is eral of the United States, and he is the Democratic leader over there talk- important in my State. We had the going to be. That is the thing that real- ing in the corner now, I think that is a highest voter turnout of any State in ly bothers me. Everybody on the other good sign, because I have never seen a the country in this past election, and side knows that we have the votes to time where the Senate is more impor- part of the reason we had such a good finally do this. Yet, they are treating tant, as the Senator from Florida was turnout is that we have good laws that it as though this is something that mentioning. allow for people to vote. It allows for they have to try and win—which they This is a moment in time where the same-day registration. We make it are not going to win—and, in the proc- Senate will not just be a check and bal- easy for people to vote; we don’t make ess, treating a fellow Senator with dis- ance, but it is also a place for com- it hard. For me, that is one of the dain. It is wrong. promise. The one issue where I would major duties of the Justice Depart- We should all take stock of ourselves. differ slightly with my friend and col- ment, and that is to enforce our voting I am not accusing my colleagues of not league from Utah is that this isn’t just rights. I will never forget when I traveled to being sincere, but they have been sin- about Democrats responding with sur- Alabama in the last few years with one cerely wrong. I am personally fed up prise or anger to the election of a new of the leaders, Congressman JOHN with it. If we want to fight every day President. There have been a lot of LEWIS, who was one of the 13 original and just go after each other like people things said in the last few months, in- Freedom Riders. In 1964 he coordinated who just don’t care about etiquette and cluding calling judges ‘‘so-called the efforts for the Mississippi Freedom courtesy, I guess we can do that, but I judges’’ and some of the discussions Summit, recruiting college students and comparisons to foreign leaders, and think it is the wrong thing to do. from around the country to join the I hope all of us will stop, take note of things that we have heard from the movement, to register African-Amer- what has been going on, and on both White House in the last few weeks, in- ican voters across the South. People sides start trying to work together. I cluding the order that was issued that from my State went, and people from know it was tough for my Democrat some of our Republican colleagues ex- every State in this Chamber went there friends to lose the Presidential elec- pressed a lot of concern about and that for that March. tion. I know that was tough. And they the Senate wasn’t involved in and that On March 7, 1965, Congressman LEWIS didn’t think they were going to, and, a lot of law enforcement people weren’t and 600 other peaceful protestors at- frankly, a lot of us didn’t think they involved in. tempted to march from Selma to Bir- were going to. I did think that. But, There have been reasons that peo- mingham to protest violence against then again, I was one of two Senators ple’s passions are high, and there are civil rights workers. As they reached who supported Donald Trump, in my reasons that are good ones because we the crest of the Edmund Pettus Bridge, opinion, with very, very good reason. I care about this country. So I hope peo- they saw a line of troopers blocking am sure that doesn’t convince any ple will see that in perspective for why their way. At the end of the bridge, Democrats on the other side. people are reacting the way they do. those peaceful marchers were attacked, The fact is that we have to treat each As for the Senator from Alabama, as just for calling for the right to vote. other with respect or this place is I would call him for the purpose of JOHN LEWIS’s skull was fractured, and going to devolve into nothing but a these remarks, I am someone who has he still bears that scar to this day. jungle, and that would truly be a very, worked well with him. We have done The weekend that I went back there, very bad thing. bills together on adoption, and we have 48 years after that bloody Sunday, was I am not perfect, so I don’t mean to worked together on trafficking, and I the weekend that the police chief of act like I am, but I have to say that all am proud of the work I have done with Montgomery actually handed Congress- of us need to take stock. We need to him. We have also gone to the State of man LEWIS a badge and publicly apolo- start thinking about the people on the the Union together every single year, gized for what happened to him that other side. We need to start thinking and I value his friendship. day, 48 years later. But as moving as about how we might bring each other I came to the conclusion that I that apology was, we still have a duty together in the best interests of our couldn’t support him not for personal to make sure that those sacrifices were country and how we might literally reasons, but because of some of the not in vain. We also need to make it elevate the Senate to the position that views he has expressed in the past and easier for people to actually vote, and we all hope it will be. his record on the Violence Against that is a promise still unmet in Amer- I love all of my colleagues. There is Women Act, his views on immigration, ica over 50 years later, whether it is not one person in this body that I don’t and his views relating to voting rights. lines at voting booths or whether it is care for a lot. I disagree quite a bit I think many of our colleagues, espe- laws in place that make it harder to with some of my colleagues on the cially those who serve on the Judiciary vote. other side, and even some folks on our Committee, feel the same way—that I just look at this differently, having side, but that doesn’t mean that I have this wasn’t personal, but we simply had come from a high voter turnout State, to treat them with disrespect. a deep disagreement with some of his a State where we have same-day reg- I yield the floor. views on certain issues. istration, and when we look at the The PRESIDING OFFICER (Mrs. Today I thought I would focus on the other high voter States that have that ERNST). The Senator from Minnesota. voting rights issue. I spoke earlier same-day registration station—Iowa, Ms. KLOBUCHAR. Madam President, about the Violence Against Women the Presiding Officer’s State is one of I first want to say a few words about Act, and I think that is a good place to them; that is not really a Democratic the Senator from Massachusetts and start as we work together going for- State, yet they have a high voter turn- her passion and what she has brought ward. We have seen an attack on Amer- out and people participate and feel a to this Chamber. While I know she has ica’s election system; we have had 17 part of that process. New Hampshire, not been allowed to complete her re- intelligence agencies talking about the Vermont, these States are truly split, marks today, I know that will not si- fact that a foreign country tried to in- but what we want to see is that kind of lence her, and we look forward to hear- fluence our election. It is the core of participation.

VerDate Sep 11 2014 06:00 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.244 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE S860 CONGRESSIONAL RECORD — SENATE February 7, 2017 A couple of months after I was in First Amendment. When we look at Flow of Information Act when it was Selma, the Supreme Court handed what we are seeing in the last few considered by the Judiciary Committee down its decision in the case of Shelby years in our country, what concerns in 2007, 2009, and 2013. So at this time, County v. Holder. In this decision, the me is this assault on democracy. We when our freedom of the press has been Justices found that a formula in sec- have voting rights issues with people under attack at the highest levels of tion 4 of the Voting Rights Act was un- unable to vote, with lines, with restric- government, I believe it is critically constitutional. This formula was used tive voting laws passed as opposed to important that our Justice Depart- to decide which States and localities finding ways to allow more people to ment continues to function as an inde- needed to have Federal approval for vote. We have outside money in poli- pendent voice that will protect the any changes made to their voting tics. Recently, we have some of the ability of journalists to do their job. rights laws, endangering the progress things being said about judges, and Lastly, I want to take a moment to made over the past 50 years. now we have some assault on this no- focus on the importance of the Anti- According to a report by the Brennan tion of the freedom of the press. trust Division at the Department of Center for Justice, following the Thomas Jefferson said that our first Justice. As ranking member of the Shelby County decision, 14 States put objective should be to leave open ‘‘all Antitrust Subcommittee, I am con- new voting restrictions in place that avenues to truth,’’ and the most effec- cerned about the state of competition impacted the 2016 Presidential elec- tive way of doing that is through ‘‘the in the marketplace. I wish to take a tion. Three other States also passed re- freedom of press.’’ This is still true few minutes on this issue. I did ask Senator SESSIONS about this strictive voting measures, but those today. Freedom of the press is the best at his hearing, and he said he was com- laws were blocked by the courts. So the avenue to truth. In fact, these values mitted to an independent division in harm is very real and very serious, and are more important now than ever, at the Justice Department and to con- we can’t sit by and just let this happen. a time when people are not exactly val- tinue that work without outside influ- Specifically, we need a Department uing the freedom of the press. ence. I continue to believe that this of Justice that will vigorously enforce I believe there are two distinct roles issue will be important because of the the remaining sections of the Voting journalists will hold that Congress massive amount of mergers we are see- Rights Act as well as the National must preserve and strengthen in the ing. The legal technicalities behind our Voter Registration Act and the Help coming years. The first is providing the antitrust laws will not be familiar to America Vote Act. Currently, a major- people with information about their most Americans, but effective anti- ity of the States are not complying government. Sometimes this is as sim- trust enforcement provides benefits we with the National Voter Registration ple as covering the passage of a new can all understand. When companies Act, leaving voting rolls outdated and law in a public forum. This work vigorously compete, they can offer con- preventing eligible voters from casting doesn’t just lead to a better, informed sumers the lowest prices and the high- their ballots. Without a Department of public. It can also lead to important est quality goods and services. Justice that makes the enforcement of actions. Senator SESSIONS has stated that he these laws a priority, the rights of vot- Thanks to excellent reporting from will support the independence of that ers will continue to be infringed. across the country, Americans have division, and I want to make clear how Congress also needs to take action been energized in the past. For in- critical this is. It is absolutely essen- through legislation to make right what stance, just a few weeks ago there was tial that our next Attorney General en- came out of that Supreme Court deci- an attempt to gut the Office of Con- forces our antitrust laws fairly and vig- sion. Effectively throwing out the gressional Ethics over in the House. orously, and that this person protects preclearance provision of the Voting That came out, people were outraged, the integrity of the Antitrust Divi- Rights Act just doesn’t make sense. As it was reported on, and they backed sion’s prosecutorial function from in- Justice Ginsberg put so well in her dis- down. appropriate influence. This is because sent, ‘‘Ending preclearance now is like The second role we must preserve is vigilant antitrust enforcement means throwing away your umbrella in a rain- journalists’ responsibility to be fact- more money in the pockets of Amer- storm because you are not getting checkers. They research, they provide ican consumers. The Attorney General wet.’’ context, and, when they need to, they can do this by identifying and pre- Those marchers in Selma sacrificed correct. We need newspapers and media venting competition problems before too much for us not to fight back. That to stand up for what is true and what they occur, like stopping a merger that is why I cosponsored legislation last is factual. Unlike what was recently would allow a few dominant players to Congress that would amend the Voting said—not in this Chamber—the press raise prices, or, when a merger is al- Rights Act. cannot simply keep its mouth shut. lowed to move forward, putting condi- I am under no illusion that amending The American people deserve the truth, tions in place to protect competition. the Voting Rights Act in Congress will and we are all relying on journalists to The next Attorney General will also be easy. It won’t be. We have seen some keep digging for it. I take this person- be able to stop price-fixing cartels that bipartisan support. In fact, Congress- ally and seriously. hurt consumers by artificially inflating man SENSENBRENNER, from my neigh- In Senator SESSIONS’ hearing I asked prices for goods such as auto parts, boring State of Wisconsin, who spon- him whether he would follow the stand- TVs, and tablet computers. Last year sored the reauthorization in 2006, ards now in place at the Justice De- alone, the Justice Department ob- called for Congress to restore the Vot- partment, which address when Federal tained more than $1 billion in criminal ing Rights Act. As he put it, ‘‘the Vot- prosecutors can subpoena journalists antitrust fines. Anticompetitive prac- ing Rights Act is vital to America’s or their records and serve to protect re- tices have serious impacts on con- commitment to never again permit ra- porters engaged in news-gathering ac- sumers; for example, pay-for-delay set- cial prejudices in the electoral proc- tivities. The previous two Attorneys tlements that keep cheaper generic ess.’’ General both pledged not to put report- drugs from coming onto the markets. Another issue I want to focus on this ers in jail if they were simply doing Estimates suggest that eliminating evening that I raised in Senator SES- their job under the law. those sweetheart deals would generate SIONS’ hearing is the fundamental im- The Senator from Alabama did not over $2.9 billion in budget savings over portance of freedom of the press. My make that commitment. When I asked 10 years and save American consumers dad was a newspaper reporter, and up him about this in his hearing, he said billions on their prescription drug until a few years ago, he was still writ- he had not yet studied those rules. He costs. That is why Senator GRASSLEY ing a blog. So I am especially sensitive also did not make a commitment when and I worked on bipartisan legislation to, and concerned about, maintaining I later asked him to do that on the to give the Federal Trade Commission the press’s role as a watchdog. record. greater ability to block those anti- On a larger note, the role of journal- The Senator from Alabama has also competitive agreements. Our Preserve ists is critical to our Nation’s democ- raised concerns in the past about pro- Access to Affordable Generics Act racy. That is why our Founders en- tecting journalists from revealing their would increase consumers’ access to shrined freedom of the press in the sources, including opposing the Free cost-saving generic drugs.

VerDate Sep 11 2014 06:00 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.245 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE February 7, 2017 CONGRESSIONAL RECORD — SENATE S861 The bottom line is this. Antitrust en- BLUMENTHAL, and we asked Senator We have the second biggest popu- forcement is needed now more than SESSIONS what he would have done if lation of Hmong in the United States ever. We are experiencing a wave of the President’s Executive order came of America. We have the biggest Libe- concentration across industries. Just across his desk. As a former pros- rian population. We have one of the last year, then-Assistant Attorney ecutor, I have long advocated for thor- biggest populations of people from General for Antitrust Division Bill ough vetting and supported strong na- Burma. We have 17 Fortune 500 compa- Baer, a lifelong antitrust practitioner, tional security measures. nies in our State. When these refugees said his agency was reviewing deals I believe that the No. 1 priority come over, they are legal workers, and with such antitrust concerns that they should be making people safe. While they are a major part of our economy. should never have made it out of the working to strengthen biometrics and So it is no surprise that during the last corporate boardroom. other security measures is a good goal, year, when we heard the kind of rhet- Not only will antitrust violations this is not the way our government oric that we have heard, people have mean higher prices for Americans and should work—that an order should be been concerned—not just the refugees less innovation, but the indirect effects put out there without properly vetting themselves, not just their friends and are equally troubling. There is concern it and figuring out the effect it would family, but a lot of people in our State. that undue concentration of economic have on a four-year-old girl who is in a The churches have gotten involved—all power would exacerbate income in- refugee camp in Uganda. That hap- kinds and every denomination in our equality. There is also concern that pened. State—to stand up for our Muslim pop- concentration can hurt new businesses, In my State, there was a mom who ulation. Why? Because they have all stifling innovation. Why would you in- had two children, a Somali mother in a heard the story. One of my most mem- novate if there is just one or two firms? refugee camp. She got permission to orable stories was from a family whom Only effective antitrust enforcement come over to our State and to our I heard about when I was visiting with by the Attorney General will prevent country as a refugee. But she was preg- some of our Muslim population in Min- those harms, and effective enforcement nant, and when she had that baby, that neapolis. This was a story of two adults can occur only if the Department of baby did not have permission to come who actually had been in our State Justice makes enforcement decisions with her. So she had a Sophie’s choice: during 9/11. And during 9/11, George based on the merits of the individual Does she leave the baby in the refugee Bush stood up and he said: This isn’t case, rather than politics. camp with friends and go to America about a religion. This is about evil peo- Traditionally, the White House has with her two other daughters, or do all ple who did evil things, but it is not to not interfered with antitrust enforce- of them stay in the refugee camp in indict a religion. ment decisions, but recent reports indi- Uganda? She made a decision that she His U.S. attorney at the time, the cate that the President has discussed would go with her two older girls, that Republican U.S. attorney, went around pending mergers with CEOs during on- that would be the safest thing for with me—the elected prosecutor for the going antitrust reviews. Some compa- them. biggest county in our State—and we For 4 years, she worked to get the nies have also publicly reported their met with the Muslim population and child that was left behind in the ref- conversations with and their commit- assured them they were safe and told ugee camp to America to be reunited ments to the President. In both Sen- them to report hate crimes. The fam- with her sisters. The baby, who is now ator SESSIONS’ hearing and in a follow ily, these two adults, they were there 4 years old, was to get on a plane on up letter, I raised this issue with him. then. Nothing bad happened to them. the Monday after the President’s Exec- No one called them a name. The Senator from Alabama said: ‘‘It utive order was issued. The 4-year-old would be improper to consider any po- Fast-forward to this summer. They could not get on that plane. are at a restaurant with their two lit- litical, personal, or other non-legal Senator FRANKEN and I got involved. basis in reaching an enforcement deci- tle children. They are just sitting there We talked to General Kelly. He was having dinner. sion.’’ more than generous with his time. That is the correct answer. I plan to A guy walks by and says: You four go They made an exception, and the 4- home. You go home to where you came rigorously protect the Antitrust Divi- year-old is now in Minnesota. But it sion’s prosecutorial integrity to make from. should not take a Senator’s interven- The little girl looked up at her mom, sure it is principled and is done right. tion—as many of my colleagues know and she said: Mom, I don’t want to go Antitrust and competition policy are that have worked on these cases—to home and eat tonight. You said we not Republican or Democratic issues. A get a 4-year-old who is supposed to be could eat out tonight. merger in the ag industry could have reunited with their family, something The words of an innocent child. She an effect on farmers in Iowa, as the that our government had worked on for didn’t even know what that man was Presiding Officer knows. These are con- 4 years and Lutheran Social Services in talking about because she only knows sumer issues, and these issues could Minnesota had worked on for 4 years. one home. That home is our State, and not be more important to all Ameri- If Senator SESSIONS is in fact con- that home is the United States of cans. We can all agree that robust com- firmed as the next Attorney General, America. petition is essential to our free-market these are actual issues he is going to If Senator SESSIONS is confirmed for economy and critical to ensuring that have to work on, and beyond that, we this position, he is going to have an ob- consumers pay the best prices for what have the issue of how people in our ligation to that little girl who was in they need. country are afraid. that restaurant and to all of the people I want to switch gears and conclude We have 100,000 Somalis in Min- in our country because this is the Jus- today by speaking about the Presi- nesota. We have the biggest Somali tice Department of the United States dent’s Executive order regarding refu- population in the country. A man who of America. gees, especially those from Muslim works for me started with my office 10 As a former prosecutor, I know a big countries, which has caused so much years ago and has been our outreach to part of that job is prosecuting cases chaos across our country over the past the Somali community. He was just and doing all we can to keep America several weeks. elected to the school board. safe from evildoers, but it is also about While I know Senator SESSIONS was We have Somalis elected to our city keeping our Constitution and our not involved in writing the Executive council. They are part of the fabric of rights safe. order, it is very important that going life in our State. Congressman EMMER, Madam President, I yield the floor. forward, obviously, the Attorney Gen- who actually took the seat held by The PRESIDING OFFICER. The Sen- eral and the Department of Justice’s Michele Bachmann, is the cochair, ator from Rhode Island. Office of Legal Counsel have a respon- along with Congressman ELLISON, of Mr. WHITEHOUSE. Madam Presi- sibility to review Presidential Execu- the Somali caucus in the House of Rep- dent, the Attorney General of the tive orders and assure they are legal resentatives. We have not seen this as United States holds a vital and also and done right. a Democratic issue or a Republican somewhat unique position in the Fed- I sent a letter, with Senators DURBIN, issue in our State. We have welcomed eral Government. The Attorney Gen- WHITEHOUSE, FRANKEN, COONS, and these refugees. eral of the United States is tasked with

VerDate Sep 11 2014 06:00 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.247 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE S862 CONGRESSIONAL RECORD — SENATE February 7, 2017 significant responsibilities that must By the way, the attorney general in home. To me, that ‘‘lock her up’’ chant be executed independently, sometimes Rhode Island has full prosecutive au- was un-American. I believe that across even in defiance of the White House’s thority. Many States have a division in the country it made honest prosecu- wishes and interests. which the attorney general has a nar- tors’ stomachs turn. The Attorney General of the United row ambit of authority and district at- Not surprisingly, many Americans States is tasked with enforcing our torneys do the bulk of the criminal are fearful of what the Trump adminis- laws fairly, justly, and evenhandedly, prosecution—not so in Rhode Island. tration will mean for them, for their as well as with protecting the civil and I have also had the occasion to listen families, and for their country. constitutional rights of all Americans closely to very strong and honest, seri- The problems with this President did of all persuasions, of all backgrounds. ous concerns from Rhode Islanders who not end with the campaign. President The Attorney General of the United have made it plain to me that they fear Trump and his family have brought States does not work for the President what Senator SESSIONS would do as more conflicts of interest to the White so much as for the people and does not head of the Justice Department. For House than all other modern Presi- serve the administration so much as every constituent of mine who has ex- dents and families combined. The pro- the law. pressed support of his nomination, 15 posed Trump domestic Cabinet is an I have served in the U.S. Department have expressed opposition. unprecedented swamp of conflicts of in- terest, failures of disclosure and divest- of Justice. I have felt its esprit de Senator SESSIONS has fought against corps, its pride. That pride is founded fixing our immigration system, oppos- ment, and dark money secrets. We have on a firm sense of the Department’s ing as the leading opponent of bipar- not even been permitted, in the course of our nomination advice-and-consent willingness to stand on what is right, tisan legislation which, had it passed, process, to explore the full depth of even against the wishes of the White would have spared us much of the cur- that unprecedented swamp because the House. One fine example of this was At- rent debate over walls and immigration. dark money operations of nominees torney General Ashcroft challenging Senator SESSIONS fought against our have been kept from us. In one case, and refusing to accede to the wishes of bipartisan criminal justice and sen- thousands of emails are still covered the White House on the Bush adminis- tencing reform bill. up. The Trump White House traffics in tration’s warrantless wiretapping of Senator SESSIONS opposed reauthor- alternative facts, operates vindic- Americans. The Department of Justice izing the Violence Against Women tively, and is a haven for special inter- is well aware of the importance of its Act—a bill which is vitally important est influence. None of this is good. All independence. to the Rhode Island Department of At- of this suggests that there will be more A successful Attorney General must torney General and to the anti-domes- or less constant occasion for investiga- be stalwart in protecting the Depart- tic violence groups around Rhode Is- tion and even prosecution of this ad- ment from political meddling by the land. administration or by Congress. We ministration. Senator SESSIONS’ record on support Independence is at a premium. Noth- need only look back to Attorney Gen- of gay and lesbian Americans has eral Gonzales’s resignation to recall ing could have made this more clear alarmed many Rhode Islanders. Public than the first disagreement between how badly things turn out when an At- statements and confirmation testi- torney General yields to political pres- the Trump White House and the De- mony by Senator SESSIONS suggest partment of Justice, whose outcome sure. that he brings a religious preference to An Attorney General also makes pol- was that the Acting Attorney Gen- the Department and that what he calls icy decisions about where and how to eral—a woman with 30 years’ experi- secular attorneys would be, to him, direct the Department’s $27 billion ence in the Department, a career pros- suspect compared to Christian attor- budget and when and how to advise ecutor, former assistant U.S. attorney, neys. That distinction between a sec- Congress to recommend new laws and former U.S. attorney, and someone rec- ular attorney and a religious attorney modify existing policies. These are pol- ognized for her leadership throughout is one that runs counter to very solid icy choices an Attorney General the Department—was summarily fired. makes. It is no answer to questions principles upon which my State was This is also not a good sign. In recent about those policy choices to say: I will founded. Roger Williams brought to us history, Attorneys General Gonzales, follow the law. That doesn’t apply in freedom of conscience. Meese, and Mitchell were politically Senator SESSIONS has called this arena of funding decisions and leg- close to their Presidents, and the Breitbart News a bright spot. I must islative recommendations that are pol- Gonzales, Meese, and Mitchell tenures icy choices not dictated by law. Those disagree. Breitbart News is not, to me, did not end well. policy choices can have a profound ef- a bright spot. Breitbart has published Attorney General Mitchell worked fect on individuals, on communities, baseless and inflammatory articles for President Nixon. They met when and on the fabric of our Nations. with titles like ‘‘Birth Control Makes their New York law firms merged in Americans should be able to trust Women Unattractive and Crazy.’’ the early 1970s, and they became law that their Attorney General will not In fairness, I should disclose that partners. John Mitchell was the cam- only enforce the laws with integrity Senator SESSIONS’ nomination carries paign manager for Nixon’s 1968 Presi- and impartiality but stand up for an additional burden with me as the dential campaign. There were signs Americans of all stripes and fight on nominee of this President and this that things weren’t quite right because behalf of their rights. That is the prism White House. The need for an inde- when Nixon nominated Mitchell to be through which I evaluate Senator SES- pendent Attorney General has rarely, if his Attorney General, he appealed di- SIONS’ nomination. ever, been greater. rectly to FBI Director Hoover not to I have known Senator SESSIONS for a On the campaign trail, the American conduct the usual background check. decade and have enjoyed working with people witnessed Donald Trump glorify Mitchell ultimately resigned as Attor- him on a number of pieces of legisla- sexual misconduct, mock a disabled re- ney General in order to run President tion. However, the standard by which I porter, and make disparaging remarks Nixon’s reelection campaign. So the evaluate an Attorney General nominee about immigrants and minorities. We political link between Mitchell and is whether Rhode Islanders will trust all witnessed chants at Trump rallies Nixon was very close, and sure enough, that in the tough clinches, he will al- of ‘‘lock her up.’’ At his confirmation scandal ensued. Attorney General ways be independent and always fair. hearings, Senator SESSIONS excused Mitchell turned out to be a central fig- I have reviewed Senator SESSIONS’ these as ‘‘humorously done.’’ In mass ure of the Watergate scandal. As the career as an attorney and as a Senator, rallies that also featured people get- chairman of the reelection committee, as well as his testimony before the Ju- ting beaten and the press caged and the famous CREEP, Mitchell was re- diciary Committee. I have reflected on vilified, this didn’t seem very humor- sponsible for appointing G. Gordon my own duties and experience as my ous to many Americans. I think Ameri- Liddy and approving the dirty tricks State’s attorney general and as the cans know that the good guys in the program while still Attorney General. U.S. attorney in Rhode Island. I have movie are not the ones in the mob; the That dirty tricks program ultimately also served as an attorney in our State good guy is the lawman who stands on included breaking into national Demo- attorney general’s office. the jailhouse porch and sends the mob cratic headquarters in the Watergate.

VerDate Sep 11 2014 06:00 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.248 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE February 7, 2017 CONGRESSIONAL RECORD — SENATE S863 The upshot of this was that Mitchell volving the Warrantless Wiretapping and duty of the judiciary to say what was charged with conspiracy, obstruc- Program, the U.S. attorney’s scandal, the law is.’’ tion of justice, and three counts of per- and inquiries into the Department’s A third example—and this is another jury. He was convicted on all counts, management of the torture program quote from an OLC opinion: ‘‘The De- and he served 19 months in prison. legal opinions. partment of Justice is bound by the Attorney General Edwin Meese was Ultimately, Members of both Houses President’s legal [opinions.]’’ also very close to President Reagan. of Congress called for Attorney General Well, if that is true, what is the point Meese joined the 1980 Reagan Presi- Gonzales’s resignation—or demanded of a President sending matters over to dential campaign as Chief of Staff. He that he be fired by the President—and the Department of Justice for legal re- ran the day-to-day campaign oper- Attorney General Gonzales resigned. view? If the President did it, and it is ations and was the senior issues ad- There is a track record here of Attor- therefore automatically legal, there viser. After the election, Edwin Meese neys General who are politically close would be no function to the Depart- was given the job of leading the Reagan to a President coming into harm’s way ment of Justice accomplishing that transition, and once in office, Reagan and doing poorly in the Department. legal review. appointed Meese as Counselor to the One particular office that is vulnerable So in this area of warrantless wire- President. According to press accounts to this kind of undue proximity, and tapping, the Office of Legal Counsel within the Department of Justice came at the time, Meese was known as some- failure of independence, is a body in up with what seemed to be quite re- one who ‘‘has known the President so the Department of Justice called the markable theories in the privacy and long and so well, he has become almost Office of Legal Counsel. Jack Gold- secrecy of that office, in those classi- an alter ego of Ronald Reagan.’’ That smith, a former head of the Office of fied opinions that are really hard to Legal Counsel—and a Republican, by was the political background between justify in the broad light of day. That Meese and President Reagan. the way—testified before the Senate is why independence matters so much. Again, it did not end well. Meese Judiciary Committee that ‘‘more than Obviously, the White House wanted came under scrutiny for his role in the any other institution inside the execu- those opinions to say what they said, Iran-Contra scandal. The congressional tive branch, OLC is supposed to provide but in the clear light of day, they don’t committee that reported on the Iran- detached, apolitical legal advice.’’ And hold up. Contra scandal in November 1987 deter- it has an honorable tradition of pro- Let us move on from the warrantless mined that Meese had failed to take viding such advice to a remarkable de- wiretapping opinions of the Bush De- appropriate steps to prevent members gree, but under the Bush administra- partment of Justice to the OLC opin- of the administration from destroying tion, the OLC departed from that tradi- ions that the Bush administration used critical evidence. An independent coun- tion. It came up in a number of ways. to authorize waterboarding of detain- sel named Lawrence Walsh finished a The first was during our investigation ees. Again, I was one of the first Sen- report in 1993 that stated that Meese into President Bush’s Warrantless ators to review the OLC opinions, and had made a false statement when he Wiretapping Program. when I read them, I will say I was quite said Reagan had not known about the When Office of Legal Counsel memos surprised. I was surprised not just by 1985 Iran-Contra deal. Iran-Contra was supporting the program came to light, what they said but by what they didn’t not the only controversy that plagued I plowed through a fat stack of those say. One thing that was entirely omit- Attorney General Meese. A company classified opinions that were held in se- ted was the history of waterboarding. called Wedtech Corporation was seek- cret over at the White House and Waterboarding was used by the Spanish ing Department of Defense contracts in pressed to have some of the statements Inquisition, by the Khmer Rouge in the early 1980s. The company hired declassified. Here are some of the Cambodia, by the French-suppressing Meese’s former law school classmate statements that were declassified revolts in Algeria, by the Japanese in and his personal attorney, a lawyer found in those OLC opinions: World War II, and by military dictator- named E. Robert Wallach, to lobby the An Executive order cannot limit a Presi- ships in Latin America. The technique, Reagan administration on its behalf. dent. There is no constitutional requirement as we know, ordinarily involves strap- Attorney General Meese helped for a President to issue a new Executive ping a captive in a reclining position, Wedtech at Wallach’s urging get a spe- order whenever he wishes to depart from the heels overhead, putting a cloth over his cial hearing on a $32 million Army en- terms of a previous Executive order. face, and pouring water over the cloth gine contract, although the Army con- So this means a President could issue to create the impression of drowning. sidered the company unqualified. Well, an Executive order, have it published Senator JOHN MCCAIN, held captive for the contract was awarded to Wedtech, in the Federal Register, put it forward more than 5 years by the North Viet- and then one of Meese’s top deputies as the policy of the administration—a namese, said this of waterboarding: went to work for Wedtech. direction to all the attorneys in the ad- It is not a complicated procedure. It is tor- The Federal criminal investigation ministration—and then secretly depart ture. that resulted led to the conviction of from it without ever changing what the American prosecutors and American E. Robert Wallach, the former law public is told about the policy. A the- judges in military tribunals after school classmate and personal attorney ory like this allows the Federal Reg- World War II prosecuted Japanese sol- of Meese, for whom he had set up the ister, where these Executive orders are diers for war crimes for torture on the meetings with the government. assembled, to become a screen of false- evidence of their waterboarding Amer- Independent counsel James McKay hood, behind which illegal programs ican prisoners of war. None of that his- investigated the Wedtech contract, in- can operate in violation of the very Ex- tory appeared in the Office of Legal cluding investigating allegations of ecutive order that purports to control Counsel opinion. misconduct by Meese. While Meese was the executive branch. That was just The other major thing the Office of never convicted, he resigned following one. Legal Counsel overlooked was a case the issuance of the independent coun- Another one I will quote: ‘‘The Presi- involving a Texas sheriff who was pros- sel’s 800-page report. dent exercising his constitutional au- ecuted as a criminal for waterboarding Third is Attorney General Gonzales. thority under Article II, can determine prisoners in 1984. Let’s start with the Attorney General Gonzales was close whether an action is a lawful exercise fact that this was a case that was to then-Governor Bush in Texas. He of the President’s authority under Ar- brought by the Department of Justice. was his general counsel. When Gov- ticle II.’’ It was the U.S. attorney for that dis- ernor Bush became President Bush, If that sounds a little bit like pulling trict who prosecuted the sheriff. The Gonzales came to Washington to serve yourself up by your own bootstraps, Department of Justice won the case at as White House Counsel. He was ap- well, it sounds that way to me, too, and trial. pointed Attorney General in 2005. Dur- it runs contrary to a fairly basic con- The case went up on appeal to the ing his tenure at the Department of stitutional principle announced in the U.S. Court of Appeals for the Fifth Cir- Justice, there were multiple investiga- famous case of Marbury v. Madison— cuit, the court one level below the U.S. tions, many of which played out before which every law student knows—which Supreme Court. In its appellate deci- the Senate Judiciary Committee, in- says: ‘‘It is emphatically the province sion, the U.S. Court of Appeals for the

VerDate Sep 11 2014 06:00 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.250 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE S864 CONGRESSIONAL RECORD — SENATE February 7, 2017 Fifth Circuit described the technique The decision was called United States investigation and prosecution with a as ‘‘water torture.’’ v. Andonian, and the judge in that case vindictive White House that does not All a legal researcher had to do was ruled that this language, the exclu- hesitate to try to bully officials into to type the words ‘‘water’’ and ‘‘tor- sivity clause—I am quoting the court’s conformity calls for the highest degree ture’’ into the legal search engines decision—‘‘reveals that Congress in- of independence. I do not feel Senator Lexis or Westlaw, and this case would tended to sew up the perceived loop- SESSIONS makes that standard. He was come up: United States v. Lee. You can holes through which the President had too close to the President during the find it at 744 F2d 1124. been able to avoid the warrant require- political race. He has not stood up Over and over in that published ap- ment.’’ against any of those excesses I have pellate opinion by the second highest The exclusivity clause makes it im- mentioned since then. It is with regret level of court in the Federal judiciary, possible for the President to opt out of that I must say I will not be able to they described the technique as tor- the legislative scheme by retreating to vote to confirm him. ture. Yet the Office of Legal Counsel his inherent executive sovereignty over One of the reasons I became a lawyer never mentioned this case in their de- foreign affairs. The exclusivity clause was because of ‘‘To Kill a Mocking cision. assures that the President cannot Bird.’’ As a kid, I just loved Atticus Ordinarily, what a proper lawyer is avoid Congress’s limitations by resort- Finch. He is great in the movie. He is supposed to do, if they find adverse ing to inherent powers. even better in the book. Some of the precedent—i.e., decisions that appear In the face of that case law, the Of- things that Atticus Finch says about to come down a different way than the fice of Legal Counsel held that Con- the law and about human nature are so argument the lawyer is making—is gress had not said what it said and this brave and so profound that from the they report the decision to the court, was not exclusive language, even first time I read that book, boy, I and then they try to distinguish it, though a court had said so. would love to have been Atticus Finch. they try to convince the judge they are The reason I share those three stories I would love to have had the chance to before why that case was either wrong- is because it really matters in impor- stand in the breach when everyone was ly decided or does not apply on the tant issues when the Department of against you and stick up for doing facts of their case. But the Office of Justice has the capability and the something that was right. Gosh, that Legal Counsel did not offer any effort courage to stand up to the President. It felt so great. to distinguish the Fifth Circuit deci- really matters when they get it wrong. Like the scene in many movies, the sion; it simply pretended it did not It really matters when they say things hero is not a part of the mob, not car- exist or it never found it. It is hard to that simply are not correct or legally rying a torch toward the jailhouse; the know which is worse. sound in order to support a warrantless hero is the lonely lawman who sits on At sentencing in the Lee case, the wiretapping program. It really matters the porch and won’t let the mob in. district judge admonished the former when they don’t find the case on point That is what I think we are going to sheriff who had been found guilty of to evaluate whether waterboarding is need in our next Attorney General. waterboarding: ‘‘The operation down torture. It really matters when they go I yield the floor. there would embarrass the dictator of a around a clear congressional statute The PRESIDING OFFICER (Mr. SUL- country.’’ which a judge has said closes the door LIVAN). The Senator from Oregon. Well, it is also pretty embarrassing to going around that statute by simply Mr. MERKLEY. Mr. President, I will when what is supposed to be the insti- saying privately: Well, that door is not be speaking later tonight, perhaps tution inside the executive branch that actually closed. It matters. about 2 o’clock, possibly on through 4 is supposed to provide detached, apo- I have insufficient confidence that as o’clock, but I wanted to take a few mo- litical legal advice in an honorable tra- Attorney General, Senator SESSIONS ments now and share some of the letter dition of providing such advice, to a re- will be able to stand up to the kind of that was discussed earlier and share it markable degree, to quote Professor pressure we can expect this White in a fashion that is appropriate under Goldsmith, misses a case so clearly on House to bring. We know that this our rules. I would like to thank very point. White House operates vindictively and much my colleague from New Jersey That was not the only OLC error. In likes to push people around. for yielding a few minutes in order to addition to the warrantless wire- We found out recently that Mr. do so. tapping statements, in addition to the Bannon went running over to see Gen- I think it is important for us to un- Office of Legal Counsel opinions on eral Kelly to tell him to undo the green derstand the context of what this let- waterboarding, they undertook a re- card waiver of the Muslim ban. Thank- ter was all about. This letter was a view of the Foreign Intelligence Sur- fully General Kelly refused and stuck statement of Coretta Scott King, and it veillance Act. by his duty. But this is the kind of was dated Thursday, March 13, 1986. In the Foreign Intelligence Surveil- White House we have, where they try She noted: ‘‘My longstanding commit- lance Act is something called an exclu- to push people around to do the wrong ment which I shared with my husband sivity provision. It says this: The For- thing. Martin’’—of course that is Martin Lu- eign Intelligence Surveillance Act They are so contemptuous of author- ther King—‘‘to protect and enhance the ‘‘shall be the exclusive means by which ity outside their own that they are rights of black Americans, rights electronic surveillance and the inter- willing to attack a Federal judge who which include equal access to the ception of domestic wire, oral and elec- disagrees with them, calling him a ‘‘so- Democratic process, tells me to testify tronic communications may be con- called judge.’’ They are willing to fire today.’’ Then in her letter she goes on ducted.’’ Shall be the exclusive means. an Acting Attorney General who dis- to essentially present an essay about Seems pretty clear. But the Office of agrees with them, firing her summarily the essential role of voting rights in Legal Counsel said about that lan- and accusing her of betrayal. The pres- our country, and so I will continue to guage—I quote them here: Unless Con- sure this White House can be expected read in that regard. She says: gress made a clear statement in the to bring on the Department of Justice The Voting Rights Act was and still is vi- Foreign Intelligence Surveillance Act to conform itself not to the law but to tally important to the future of democracy that it sought to restrict Presidential the political demands of the President in the United States. I was privileged to join authority to conduct wireless searches Martin and many others during the Selma to is going to be intense. Montgomery march for voting rights in 1965. in the national security area, which it Moreover, the conflicts of interest Martin was particularly impressed by the de- has not, then the statute must be con- that crawl through this White House termination to get the franchise of blacks in strued to avoid such a reading—which and that crawl over this swamp Cabi- Selma and neighboring Perry County. As he it has not. net offer every reasonable cause to be- wrote— Congress said that this shall be the lieve that there will have to be inves- Now she is quoting Martin Luther exclusive means. If the OLC was not tigations and prosecutions into this ad- King— happy reading the language of the stat- ministration. ‘‘Certainly no community in the history of ute, they could go to a court where this That combination of a target-rich en- the negro struggle has responded with the language had already been construed. vironment in this administration for enthusiasm of Selma and her neighboring

VerDate Sep 11 2014 06:00 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.251 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE February 7, 2017 CONGRESSIONAL RECORD — SENATE S865 town of Marion. Where Birmingham de- Over the past century, a broad array of The integrity of the Courts, and thus the pended largely upon students and unem- schemes have been used in attempts to block rights they protect, can only be maintained ployed adults to participate in nonviolent the Black vote. The range of techniques de- if citizens feel confident that those selected protests of the denial of the franchise, Selma veloped with the purpose of repressing black as federal judges will be able to judge with has involved fully 10 percent of the negro voting rights run the gamut from the fairness others holding differing views. population in active demonstrations and at straightforward application of brutality And she concludes her letter having against black citizens who tried to vote, to least half the negro population of Marion examined a number of incidents in the was arrested on 1 day.’’ such legalized frauds as ‘‘grandfather clause’’ historical record with this conclusion: That was the end of the quote from exclusions and rigged literacy tests. Now she proceeds to note that other I do not believe Jefferson Sessions pos- her husband. She continued writing: sesses the requisite judgment, competence, Martin was referring, of course, to a group techniques were used to intimidate Black voters and that included inves- and sensitivity to the rights guaranteed by that included the defendants recently pros- the federal civil rights laws to qualify for ap- ecuted for assisting elderly and illiterate tigations into the absentee voting pointment to the federal district court. blacks to exercise that franchise. process, and this concerned her a great Each time she refers to franchise, she deal. And she notes that Whites have And that is the context of her letter; is referring to this fundamental right been using the absentee process to that voting rights matter a tremen- to vote under our Constitution. their advantage for years without inci- dous amount. I applaud the efforts of And she continued: dent. Then, when Blacks, realizing its my colleague from Massachusetts to make this point and share this essay In fact, Martin anticipated from the depth strength, began to use it with success, of their commitment 20 years ago, that a criminal investigations were begun. with the body of the Senate earlier this united political organization would remain Then she proceeds to address that evening. in Perry County long after the other march- there were occasions where individuals Mr. WHITEHOUSE. Will the Senator ers had left. This organization, the Perry with legal authority chose to initiate yield for a question? County Civic League, started by Mr. TURNER, cases specifically against African Mr. MERKLEY. I yield. Mr. Hogue, and others, as Martin predicted, Americans while ignoring allegations Mr. WHITEHOUSE. Mr. President, continued ‘‘to direct the drive for votes and may I ask the Senator, through the other rights.’’ of similar behavior by Whites, ‘‘choos- ing instead to chill the exercise of the Chair, if the letter from which he just That is a quote from her husband. franchise by Blacks by his misguided read has a date? And then she continued. In this letter, investigation.’’ Mr. MERKLEY. Well, the answer is she says: Let me continue later in the letter. that it does have a date, and that is In the years since the Voting Rights Act She addresses her concern over the Thursday, March 13, 1986. was passed, Black Americans in Marion, prosecution illegally withholding from Mr. WHITEHOUSE. 1986. And is the Selma, and elsewhere have made important the defense critical statements made Senator aware of the occasion that strides in their struggle to participate ac- brought this letter to the Senate? tively in the electoral process. The number by witnesses and that witnesses who of Blacks registered to vote in key Southern did testify were pressured and intimi- Mr. MERKLEY. I am. states has doubled [she said] since 1965. This dated into submitting the ‘‘correct’’ Mr. WHITEHOUSE. What was that would not have been possible without the testimony. That is incorrect testi- occasion? Voting Rights Act. mony. Mr. MERKLEY. That occasion was a She continues in her essay. She says: Many elderly Blacks were visited multiple hearing before the Senate Judiciary However, Blacks still fall far short of hav- times by the FBI who then hauled them over Committee regarding the potential ap- ing equal participation in the electoral proc- 180 miles by bus to a grand jury in Mobile pointment of the individual to the U.S. ess. Particularly in the South, efforts con- when they could have more easily testified District Court for the Southern Dis- tinue to be made to deny Blacks access to at a grand jury twenty miles away in Selma. trict of Alabama. These voters, and others, have announced the polls, even where Blacks constitute the Mr. WHITEHOUSE. And this letter majority of the voters. It has been a long up- they are now never going to vote again. She obviously is addressing issue was made a matter of record in that hill struggle to keep alive the vital legisla- hearing? tion that protects the most fundamental after issue that affected the Black right to vote. A person who has exhibited so franchise, the franchise of African Mr. MERKLEY. I do not know if it much hostility to the enforcement of those Americans, the ability to vote, and was made a matter of record. laws, and thus, to the exercise of those rights then she returns to her essay about My impression initially was that she by Black people should not be elevated to how important this is. had read this letter at the hearing, but the federal bench. I am not sure if it was presented in per- The exercise of the franchise is an essen- She continues in her letter to note: tial means by which our citizens ensure that son or as a document submitted to the Twenty years ago, when we marched from those who are governing will be responsible. committee. Selma to Montgomery, the fear of voting was My husband called it the number one civil Mr. WHITEHOUSE. But clearly the real, as the broken bones and bloody heads in right. The denial of access to the ballot box content of this letter has been a matter Selma and Marion bore witness. As my hus- ultimately results in the denial of other fun- known to the Senate and, depending on band wrote at the time, ‘‘it was not just a damental rights. For, it is only when the what the facts may show, may actually sick imagination that conjured up the vision poor and disadvantaged are empowered that have been a record of the Senate for of a public official sworn to uphold the law, they are able to participate actively in the who forced an inhuman march upon hun- solutions to their own problems. more than 30 years. dreds of Negro children; who ordered the Coretta Scott King continues: Mr. MERKLEY. I believe that is probably correct. Rev. James Bevel to be chained to his sick- We still have a long way to go before we bed; who clubbed a Negro woman registrant, can say that minorities no longer need to be Mr. WHITEHOUSE. So a Senator of and who callously inflicted repeated brutal- concerned about discrimination at the polls. the United States has been accused of ities and indignities upon nonviolent Ne- Blacks, Hispanics, Native Americans and violating a rule of the Senate for re- groes peacefully petitioning for their con- Asian Americans are grossly underrep- stating to the Senate a phrase that has stitutional right to vote. resented at every level of government in been a matter of record in the Senate— This is what Martin Luther King is America. If we are going to make our time- if, indeed, that is the case—for 30 referring to was the specific actions of less dream of justice through democracy a years. reality, we must take every possible step to sheriffs in the South who were rep- I yield the floor. resenting the law. And then Coretta ensure that the spirit and intent of the Vot- ing Rights Act of 1965 and the Fifteenth f Scott King continued: Amendment of the Constitution is honored. Free exercise of voting rights is so funda- The federal courts hold a unique position MORNING BUSINESS mental to American democracy that we can- in our constitutional system, ensuring that not tolerate any form of infringement of minorities and other citizens without polit- those rights. Of all the groups who have been ical power have a forum in which to vindi- TRIBUTE TO ADMIRAL LLOYD R. disenfranchised in our nation’s history, none cate their rights. Because of this unique role, ‘‘JOE’’ VASEY has struggled longer or suffered more in the it is essential that the people selected to be attempt to win the vote than Black citizens. federal judges respect the basic tenets of our ∑ Mr. MCCAIN. Mr. President, last No group has had access to the ballot box de- legal system: respect for individual rights week, we celebrated the 100th birthday nied so persistently and intently. and a commitment to equal justice for all. of an American for whom my family

VerDate Sep 11 2014 06:00 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.252 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE S866 CONGRESSIONAL RECORD — SENATE February 7, 2017 and I have always had the greatest per- and their comrades lived to fight an- H. Con. Res. 18. Concurrent resolution per- sonal respect and admiration: ADM other day. mitting the use of the rotunda of the Capitol Lloyd R. ‘‘Joe’’ Vasey. My father and Joe Vasey were proud for a ceremony as part of the commemora- Joe Vasey was my father’s dear veterans of an epic war. They never felt tion of the days of remembrance of victims of the Holocaust. friend and comrade for so many years. the need to exaggerate their experi- As he marks a century of life well ences, extraordinary as they were. But f lived, I send him the warmest wishes they did talk about the lessons of lead- MEASURES REFERRED and convey to him thanks of a grateful ership they learned and how they could The following bills were read the first nation for embodying the very finest be applied to new circumstances. And and the second times by unanimous qualities of patriotism and for his con- they had many occasions to do so. consent, and referred as indicated: stant service to a cause greater than They were together when my father be- himself. came commander-in-chief of Pacific H.R. 337. An act to transfer administrative From the Naval Academy to dan- jurisdiction over certain Bureau of Land Command during the Vietnam war and Management land from the Secretary of the gerous duty in the Second World War Admiral Vasey served as his most Interior to the Secretary of Veterans Affairs to five commands at sea to service in trusted adviser as head of strategic for inclusion in the Black Hills National the highest councils of military com- plans and policies. They were together Cemetery, and for other purposes; to the mand, Joe Vasey’s was a most distin- when they argued to Washington for a Committee on Energy and Natural Re- guished and honorable Navy career. strategy to win the war rather than sources. But he did not believe that his retire- just continue the bleeding. And they H.R. 387. An act to amend title 18, United ment from active duty relieved him of were together when my father gave or- States Code, to update the privacy protec- the responsibilities of patriotism. He tions for electronic communications infor- ders for B–52s to bomb the city in mation that is stored by third-party service continued to serve the national inter- which his son was held a prisoner of providers in order to protect consumer pri- est by founding the Pacific Forum to war. They were the best of friends and vacy interests while meeting law enforce- promote security and stability in the exemplified that noblest of traditions: ment needs, and for other purposes; to the critically important Asia-Pacific re- brothers in arms. Committee on the Judiciary. gion. I count myself immeasurably fortu- H.R. 494. An act to expand the boundary of The only elaboration of this illus- nate to have benefited from their ex- Fort Frederica National Monument in the trious life I can offer are reminiscences ample early in life so that I could de- State of Georgia, and for other purposes; to the Committee on Energy and Natural Re- of a friendship, some of which I was rive the strength I needed to survive privileged to personally observe, which sources. later misfortune from their stories, H.R. 618. An act to authorize, direct, expe- for me served as emblematic of a tradi- their courage, and their honor. dite, and facilitate a land exchange in El tion; that of service as an officer in the So to Joe Vasey, a great patriot, a Paso and Teller Counties, Colorado, and for U.S. Navy and the bonds of respect and good man, an officer and a gentleman, other purposes; to the Committee on Energy love that unite good officers in shared and a brave defender of this Nation, I and Natural Resources. sacrifice and devotion to their service wish a very happy birthday, fair winds, H.R. 688. An act to adjust the boundary of and their country. It is the tradition and following seas.∑ the Arapaho National Forest, Colorado, and for other purposes; to the Committee on En- upon which, in the most difficult mo- f ments of my life, I relied for the ergy and Natural Resources. MESSAGE FROM THE HOUSE H.R. 689. An act to insure adequate use and strength to persevere for my country’s access to the existing Bolts Ditch headgate honor and for my self-respect. At 10:25 a.m., a message from the and ditch segment within the Holy Cross Very late in his life, my father was House of Representatives, delivered by Wilderness in Eagle County, Colorado, and interviewed for an oral history of our Mr. Novotny, one of its reading clerks, for other purposes; to the Committee on En- officers in the post-World War II Navy. announced that the House has passed ergy and Natural Resources. ‘‘There’s a term which has slipped the following bills, in which it requests H.R. 698. An act to require a land convey- somewhat into disuse,’’ he remarked in the concurrence of the Senate: ance involving the Elkhorn Ranch and the White River National Forest in the State of the interview, ‘‘which I always used to H.R. 337. An act to transfer administrative the moment I retired, and that is the Colorado, and for other purposes; to the jurisdiction over certain Bureau of Land Committee on Energy and Natural Re- term: an officer and a gentleman.’’ Had Management land from the Secretary of the sources. my father been asked to identify a con- Interior to the Secretary of Veterans Affairs temporary who personified the virtues for inclusion in the Black Hills National f he considered essential to the life of an Cemetery, and for other purposes. EXECUTIVE AND OTHER officer and a gentleman, I have no H.R. 387. An act to amend title 18, United States Code, to update the privacy protec- COMMUNICATIONS doubt he would have thought first of tions for electronic communications infor- The following communications were his friend Joe Vasey. mation that is stored by third-party service laid before the Senate, together with My father’s respect and affection for providers in order to protect consumer pri- accompanying papers, reports, and doc- Joe Vasey was unlimited. Their friend- vacy interests while meeting law enforce- uments, and were referred as indicated: ship was forged in the crucible of war ment needs, and for other purposes. and strengthened to last a lifetime by H.R. 494. An act to expand the boundary of EC–669. A communication from the Sec- Fort Frederica National Monument in the retary of the Army, transmitting, pursuant their shared experiences aboard the to law, a report relative to Army Force USS Gunnel as it prowled the Pacific State of Georgia, and for other purposes. H.R. 618. An act to authorize, direct, expe- Structure (OSS–2017–0149); to the Committee from Midway to Nagasaki in search of dite, and facilitate a land exchange in El on Armed Services. the enemy. And find them they did. On Paso and Teller Counties, Colorado, and for EC–670. A joint communication from the one occasion, the ship sank a Japanese other purposes. Secretary of Defense and the Secretary of freighter and destroyer, but was then H.R. 688. An act to adjust the boundary of Energy, transmitting, pursuant to law, the forced to submerge for 36 hours while the Arapaho National Forest, Colorado, and fiscal year 2017 report on the plan for the nu- avoiding Japanese depth charges. With for other purposes. clear weapons stockpile, complex, delivery H.R. 689. An act to insure adequate use and systems, and command and control systems the temperature on the submarine (OSS–2016–1038); to the Committees on reaching 120 degrees and oxygen run- access to the existing Bolts Ditch headgate and ditch segment within the Holy Cross Armed Services; Appropriations; and Foreign ning low, my father decided to surface Wilderness in Eagle County, Colorado, and Relations. and try to fight the remaining Japa- for other purposes. EC–671. A communication from the Chair- nese ships. But he offered his torpedo H.R. 698. An act to require a land convey- man and Chief Executive Officer, Farm Cred- officer, Joe Vasey, and the rest of his ance involving the Elkhorn Ranch and the it Administration, transmitting, pursuant to officers the option to abandon ship. To White River National Forest in the State of law, the report of a rule entitled ‘‘Rules of a man, they agreed with my father and Colorado, and for other purposes. Practice and Procedure; Adjusting Civil Money Penalties for Inflation’’ (RIN3052– rejected that course. When the Gunnel The message also announced that the AD21) received in the Office of the President surfaced, its weary crew found the Jap- House has agreed to the following con- of the Senate on February 6, 2017; to the anese destroyers had given up and were current resolution, in which it requests Committee on Agriculture, Nutrition, and steaming away. My father, Joe Vasey, the concurrence of the Senate: Forestry.

VerDate Sep 11 2014 06:00 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.054 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE February 7, 2017 CONGRESSIONAL RECORD — SENATE S867 EC–672. A communication from the Acting violence from emotional and psychological turing on Federal land within the boundaries Assistant Secretary, Legislative Affairs, De- trauma caused by acts of violence or threats of the State; to the Committee on Energy partment of State, transmitting, pursuant to of violence against their pets; to the Com- and Natural Resources. law, a report relative to Data Mining Activ- mittee on Agriculture, Nutrition, and For- By Mr. INHOFE (for himself, Mr. ity in the Department of State for calendar estry. RUBIO, Mr. CRUZ, Mr. LANKFORD, Mr. year 2016; to the Committee on Foreign Rela- By Mr. FLAKE: CRAPO, and Mrs. CAPITO): tions. S. 323. A bill to amend the Internal Rev- S. 335. A bill to achieve domestic energy EC–673. A communication from the Acting enue Code of 1986 to create Universal Savings independence by empowering States to con- Secretary of Education, transmitting, pursu- Accounts; to the Committee on Finance. trol the development and production of all ant to law, the report of a rule entitled By Mr. HATCH (for himself, Ms. forms of energy on all available Federal ‘‘Final Regulations: Family Educational HIRONO, and Mr. BOOZMAN): land; to the Committee on Energy and Nat- Rights and Privacy Act’’ (34 CFR Part 99) re- S. 324. A bill to amend title 38, United ural Resources. ceived in the Office of the President pro tem- States Code, to improve the provision of By Mr. BROWN (for himself, Mr. SAND- pore of the Senate; to the Committee on adult day health care services for veterans; ERS, Mrs. MURRAY, and Mr. Health, Education, Labor, and Pensions. to the Committee on Veterans’ Affairs. MERKLEY): EC–674. A communication from the Acting By Mr. BLUMENTHAL (for himself, S. 336. A bill to amend title 38, United Secretary of Education, transmitting, pursu- Ms. WARREN, Mr. REED, Ms. STABE- States Code, to modify authorities relating ant to law, the report of a rule entitled NOW, Mr. MENENDEZ, Mr. WHITE- to the collective bargaining of employees in ‘‘Open Licensing Requirement for Competi- HOUSE, and Mr. FRANKEN): the Veterans Health Administration, and for tive Grant Programs’’ (RIN1894–AA07) re- S. 325. A bill to permanently extend the other purposes; to the Committee on Vet- ceived in the Office of the President pro tem- Protecting Tenants at Foreclosure Act of erans’ Affairs. pore of the Senate; to the Committee on 2009; to the Committee on Banking, Housing, By Mrs. GILLIBRAND (for herself, Mr. Health, Education, Labor, and Pensions. and Urban Affairs. BROWN, Mr. BOOKER, Ms. HIRONO, Mr. EC–675. A communication from the Acting By Mr. HELLER (for himself, Mr. NEL- MARKEY, Mr. MERKLEY, Mr. SCHATZ, Assistant Attorney General, Office of Legis- SON, Mr. CASSIDY, Mr. BENNET, Mr. Mr. WHITEHOUSE, Ms. BALDWIN, Mr. lative Affairs, Department of Justice, trans- GARDNER, and Mr. YOUNG): REED, Mr. BLUMENTHAL, Ms. WARREN, mitting, pursuant to law, the Annual Report S. 326. A bill to amend the Internal Rev- Mr. DURBIN, Mr. SANDERS, Mr. MUR- to Congress on the implementation, enforce- enue Code of 1986 to provide for the tax-ex- PHY, Mr. UDALL, Mr. SCHUMER, Ms. ment, and prosecution of registration re- empt financing of certain government-owned KLOBUCHAR, Mr. FRANKEN, Mrs. FEIN- quirements under Section 635 of the Adam buildings; to the Committee on Finance. STEIN, Ms. HEITKAMP, Mrs. MURRAY, Walsh Child Protection Act of 2006; to the By Mr. HELLER (for himself and Mr. Mr. VAN HOLLEN, Mr. LEAHY, Ms. Committee on the Judiciary. PETERS): DUCKWORTH, Mr. MENENDEZ, and Ms. EC–676. A communication from the Acting S. 327. A bill to direct the Securities and HARRIS): Assistant Attorney General, Office of Legis- Exchange Commission to provide a safe har- S. 337. A bill to provide paid family and lative Affairs, Department of Justice, trans- bor related to certain investment fund re- medical leave benefits to certain individuals, mitting, pursuant to law, a report relative to search reports, and for other purposes; to the and for other purposes; to the Committee on the Victims Compensation Fund established Committee on Banking, Housing, and Urban Finance. by the Witness Security Reform Act of 1984; Affairs. By Mr. NELSON (for himself, Mr. to the Committee on the Judiciary. By Mr. BOOKER: PETERS, Mr. SCHATZ, Mr. S. 328. A bill to enforce the Sixth Amend- BLUMENTHAL, Mr. UDALL, Mr. COONS, f ment right to the assistance of effective Mrs. GILLIBRAND, Mr. MERKLEY, Mr. REPORTS OF COMMITTEES counsel at all stages of the adversarial proc- VAN HOLLEN, Mr. WHITEHOUSE, Ms. The following reports of committees ess, to confer jurisdiction upon the district BALDWIN, Mr. REED, Mr. HEINRICH, courts of the United States to provide de- Mrs. FEINSTEIN, Ms. WARREN, Ms. were submitted: claratory and injunctive relief against sys- HASSAN, Ms. STABENOW, Mr. MARKEY, By Mr. MCCAIN, from the Committee on temic violations of such right, and for other Mr. BOOKER, Ms. CANTWELL, Mr. WAR- Armed Services, without amendment: purposes; to the Committee on the Judici- NER, Mrs. SHAHEEN, Mr. FRANKEN, S. Res. 53. An original resolution author- ary. Mr. CARDIN, Mrs. MURRAY, Mr. CAR- izing expenditures by the Committee on By Mr. BOOKER (for himself, Mr. PER, and Ms. CORTEZ MASTO): Armed Services. PAUL, Mr. DURBIN, Mr. LEE, Mr. S. 338. A bill to protect scientific integrity f LANKFORD, and Mr. CASEY): in Federal research and policymaking, and S. 329. A bill to place restrictions on the for other purposes; to the Committee on EXECUTIVE REPORT OF use of solitary confinement for juveniles in Commerce, Science, and Transportation. COMMITTEE Federal custody; to the Committee on the By Mr. NELSON (for himself and Ms. The following executive report of a Judiciary. COLLINS): nomination was submitted: By Mr. BOOKER: S. 339. A bill to amend title 10, United S. 330. A bill to amend title 18, United States Code, to repeal the requirement for By Mr. ISAKSON for the Committee on States Code, to establish a corporation to ad- reduction of survivor annuities under the Veterans’ Affairs. vocate on behalf of individuals in noncapital Survivor Benefit Plan by veterans’ depend- *David J. Shulkin, of Pennsylvania, to be criminal cases before the Supreme Court of ency and indemnity compensation, and for Secretary of Veterans Affairs. the United States, and for other purposes; to other purposes; to the Committee on Armed *Nomination was reported with rec- the Committee on the Judiciary. Services. ommendation that it be confirmed sub- By Mr. KAINE: By Mr. CRAPO (for himself, Mrs. ject to the nominee’s commitment to S. 331. A bill to remove the use restrictions MCCASKILL, Mr. BARRASSO, Mr. respond to requests to appear and tes- on certain land transferred to Rockingham BLUNT, Mr. BOOZMAN, Mr. DONNELLY, County, Virginia, and for other purposes; to Mr. ENZI, Mrs. ERNST, Mrs. FISCHER, tify before any duly constituted com- the Committee on Energy and Natural Re- Mr. FLAKE, Ms. HEITKAMP, Mr. mittee of the Senate. sources. INHOFE, Mr. MORAN, Mr. RISCH, Mr. f By Mr. COTTON: ROBERTS, and Mr. THUNE): S. 332. A bill to restrict funding for the S. 340. A bill to clarify Congressional in- INTRODUCTION OF BILLS AND Preparatory Commission for the Comprehen- tent regarding the regulation of the use of JOINT RESOLUTIONS sive Nuclear-Test-Ban Treaty Organization, pesticides in or near navigable waters, and The following bills and joint resolu- and for other purposes; to the Committee on for other purposes; to the Committee on En- tions were introduced, read the first Foreign Relations. vironment and Public Works. By Mr. LANKFORD (for himself, Mr. and second times by unanimous con- f CORNYN, Mr. HATCH, Mr. CRUZ, Mr. sent, and referred as indicated: FLAKE, Mr. CRAPO, Mr. JOHNSON, and SUBMISSION OF CONCURRENT AND By Mr. BROWN (for himself and Mr. Mr. LEE): SENATE RESOLUTIONS PORTMAN): S. 333. A bill to limit donations made pur- The following concurrent resolutions S. 321. A bill to amend the Internal Rev- suant to settlement agreements to which the enue Code of 1986 to exempt amounts paid for United States is a party, and for other pur- and Senate resolutions were read, and aircraft management services from the ex- poses; to the Committee on the Judiciary. referred (or acted upon), as indicated: cise taxes imposed on transportation by air; By Mr. INHOFE (for himself, Mr. By Mr. MCCAIN: to the Committee on Finance. RUBIO, Mr. PAUL, Mr. CRUZ, Mr. S. Res. 53. An original resolution author- By Mr. PETERS (for himself and Mr. LANKFORD, Mr. SCOTT, Mrs. CAPITO, izing expenditures by the Committee on HELLER): Mr. TILLIS, and Mr. COTTON): Armed Services; from the Committee on S. 322. A bill to protect victims of domestic S. 334. A bill to clarify that a State has the Armed Services; to the Committee on Rules violence, sexual assault, stalking, and dating sole authority to regulate hydraulic frac- and Administration.

VerDate Sep 11 2014 06:00 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.058 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE S868 CONGRESSIONAL RECORD — SENATE February 7, 2017 By Mr. BLUMENTHAL (for himself, lina (Mr. BURR) was added as a cospon- Secretary of the Army to place in Ar- Mr. GARDNER, Mr. RUBIO, and Mrs. sor of S. 204, a bill to authorize the use lington National Cemetery a monu- MCCASKILL): of unapproved medical products by pa- ment honoring the helicopter pilots S. Res. 54. A resolution expressing the un- and crewmembers who were killed wavering commitment of the United States tients diagnosed with a terminal ill- to the North Atlantic Treaty Organization; ness in accordance with State law, and while serving on active duty in the to the Committee on Foreign Relations. for other purposes. Armed Forces during the Vietnam era, By Ms. MURKOWSKI (for herself and S. 224 and for other purposes. Mr. SULLIVAN): At the request of Mr. RUBIO, the S.J. RES. 14 S. Res. 55. A resolution recognizing Feb- name of the Senator from Mississippi At the request of Mr. GRASSLEY, the ruary 26, 2017, as the 100th anniversary of the names of the Senator from Utah (Mr. establishment of Denali National Park and (Mr. WICKER) was added as a cosponsor HATCH), the Senator from Louisiana Preserve in the State of Alaska; to the Com- of S. 224, a bill to amend title 18, mittee on the Judiciary. United States Code, to prohibit taking (Mr. KENNEDY) and the Senator from By Mr. LEAHY (for himself, Mrs. SHA- minors across State lines in cir- Arkansas (Mr. COTTON) were added as HEEN, Ms. HIRONO, Mr. BOOKER, Mr. cumvention of laws requiring the in- cosponsors of S.J. Res. 14, a joint reso- REED, Mr. CARPER, Ms. WARREN, Mr. volvement of parents in abortion deci- lution providing for congressional dis- SANDERS, Mr. COONS, Mr. VAN HOL- sions. approval under chapter 8 of title 5, LEN, Mrs. GILLIBRAND, Mr. MERKLEY, United States Code, of the rule sub- Mr. BLUMENTHAL, Mr. UDALL, Mr. S. 260 mitted by the Social Security Adminis- MARKEY, Mr. WYDEN, Mr. BENNET, At the request of Mr. CORNYN, the tration relating to Implementation of Ms. KLOBUCHAR, Mr. FRANKEN, Mr. names of the Senator from Wyoming the NICS Improvement Amendments BROWN, Mr. MURPHY, Mr. WHITE- (Mr. BARRASSO) and the Senator from Act of 2007. HOUSE, Mr. SCHATZ, Ms. HEITKAMP, West Virginia (Mrs. CAPITO) were added S.J. RES. 17 Mr. DONNELLY, Mr. HEINRICH, Mrs. as cosponsors of S. 260, a bill to repeal FEINSTEIN, Mr. DURBIN, Mr. CASEY, At the request of Mr. CORNYN, the the provisions of the Patient Protec- Mr. PETERS, and Mr. SCHUMER): name of the Senator from West Vir- S. Res. 56. A resolution expressing the tion and Affordable Care Act providing ginia (Mrs. CAPITO) was added as a co- sense of the Senate that the United States for the Independent Payment Advisory sponsor of S.J. Res. 17, a joint resolu- should remain a global leader in welcoming Board. tion approving the discontinuation of and providing refuge to refugees and asylum S. 279 the process for consideration and auto- seekers and that no person should be banned from entering the United States because of At the request of Mr. RUBIO, the matic implementation of the annual their nationality, race, ethnicity, religion, name of the Senator from Florida (Mr. proposal of the Independent Medicare sexual orientation, gender identity, or gen- NELSON) was added as a cosponsor of S. Advisory Board under section 1899A of der; to the Committee on the Judiciary. 279, a bill to amend the Water Re- the Social Security Act. f sources Development Act of 1986 to S. RES. 50 modify a provision relating to acquisi- At the request of Mr. CARDIN, the ADDITIONAL COSPONSORS tion of beach fill. names of the Senator from Arizona S. 21 S. 294 (Mr. MCCAIN), the Senator from Oregon At the request of Mr. PAUL, the name At the request of Mr. NELSON, the (Mr. MERKLEY) and the Senator from of the Senator from Louisiana (Mr. name of the Senator from New Jersey Virginia (Mr. KAINE) were added as co- KENNEDY) was added as a cosponsor of (Mr. MENENDEZ) was added as a cospon- sponsors of S. Res. 50, a resolution re- S. 21, a bill to amend chapter 8 of title sor of S. 294, a bill to amend the Fed- affirming a strong commitment to the 5, United States Code, to provide that eral Food, Drug, and Cosmetic Act to United States-Australia alliance rela- major rules of the executive branch clarify the Food and Drug Administra- tionship. shall have no force or effect unless a tion’s jurisdiction over certain tobacco S. RES. 51 joint resolution of approval is enacted products, and to protect jobs and small At the request of Ms. HIRONO, the into law. businesses involved in the sale, manu- names of the Senator from Illinois (Mr. S. 59 facturing and distribution of tradi- DURBIN) and the Senator from New At the request of Mr. CRAPO, the tional and premium cigars. Hampshire (Mrs. SHAHEEN) were added names of the Senator from Nebraska as cosponsors of S. Res. 51, a resolution S. 301 (Mrs. FISCHER) and the Senator from recognizing the contributions of Fed- At the request of Mr. LANKFORD, the Mississippi (Mr. WICKER) were added as eral employees and pledging to oppose name of the Senator from North Caro- cosponsors of S. 59, a bill to provide efforts to reduce Federal workforce pay lina (Mr. TILLIS) was added as a co- that silencers be treated the same as and benefits, eliminate civil service sponsor of S. 301, a bill to amend the long guns. employment protections, undermine Public Health Service Act to prohibit S. 85 collective bargaining, and increase the governmental discrimination against At the request of Mr. ROBERTS, the use of non-Federal contractors for in- providers of health services that are name of the Senator from Georgia (Mr. herently governmental activities. not involved in abortion. ISAKSON) was added as a cosponsor of S. f S. 302 85, a bill to amend the Internal Rev- STATEMENTS ON INTRODUCED At the request of Mr. BARRASSO, the enue Code of 1986 to repeal the amend- BILLS AND JOINT RESOLUTIONS ments made by the Patient Protection name of the Senator from Wyoming By Mr. KAINE: and Affordable Care Act which dis- (Mr. ENZI) was added as a cosponsor of S. 331. A bill to remove the use re- qualify expenses for over-the-counter S. 302, a bill to enhance tribal road safety, and for other purposes. strictions on certain land transferred drugs under health savings accounts to Rockingham County, Virginia, and S. 306 and health flexible spending arrange- for other purposes; to the Committee At the request of Mrs. SHAHEEN, the ments. on Energy and Natural Resources. S. 119 name of the Senator from North Da- Mr. KAINE. Mr. President, this bill At the request of Mr. GRASSLEY, the kota (Ms. HEITKAMP) was added as a co- has a complex backstory, but it serves name of the Senator from Louisiana sponsor of S. 306, a bill to provide for a a simple purpose—to allow a small (Mr. CASSIDY) was added as a cosponsor biennial budget process and a biennial daycare facility in Virginia to under- of S. 119, a bill to impose certain limi- appropriations process and to enhance take routine repairs and maintenance. tations on consent decrees and settle- oversight and the performance of the For more than 20 years, the Plains ment agreements by agencies that re- Federal Government. Area Day Care Center in Broadway, quire the agencies to take regulatory S. 315 VA, has served children from mod- action in accordance with the terms At the request of Mr. SULLIVAN, the erate-income families in Rockingham thereof, and for other purposes. names of the Senator from South Da- County. This facility sits on a 3–acre S. 204 kota (Mr. ROUNDS) and the Senator parcel that was once Federal land be- At the request of Mr. JOHNSON, the from Ohio (Mr. BROWN) were added as fore the National Park Service con- name of the Senator from North Caro- cosponsors of S. 315, a bill to direct the veyed it to Rockingham County in 1989

VerDate Sep 11 2014 06:00 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.060 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE February 7, 2017 CONGRESSIONAL RECORD — SENATE S869 under the Federal Lands to Parks Pro- and purpose of the Comprehensive Nuclear- the period October 1, 2018, through February gram. The county in turn leases this Test-Ban Treaty. 28, 2019, under this resolution shall not ex- land to the center for $1 per year, with (b) RESTRICTION ON FUNDING.— ceed $2,702,746, of which amount— (1) IN GENERAL.—No United States funds (1) not to exceed $33,334 may be expended a contract that runs through the year may be made available to the Preparatory for the procurement of the services of indi- 2027. Commission for the Comprehensive Nuclear- vidual consultants, or organizations thereof The center is in need of repairs and Test-Ban Treaty Organization. (as authorized by section 202(i) of the Legis- maintenance, including a new roof; (2) EXCEPTION.—The restriction under para- lative Reorganization Act of 1946 (2 U.S.C. however, it has had difficulty in secur- graph (1) shall not apply with respect to the 4301(i))); and ing private financing for these activi- availability of United States funds for the (2) not to exceed $12,500 may be expended ties because of the complex land own- Comprehensive Nuclear-Test-Ban Treaty Or- for the training of the professional staff of ership structure—Federal land con- ganization’s International Monitoring Sys- the committee (under procedures specified tem. veyed conditionally to a county and by section 202(j) of that Act). f SEC. 3. REPORTING LEGISLATION. leased to a private company. Due to The committee shall report its findings, Virginia’s status as a Dillon Rule SUBMITTED RESOLUTIONS together with such recommendations for leg- State, Rockingham County cannot exe- islation as it deems advisable, to the Senate cute a loan either. at the earliest practicable date, but not later This bill would specify that the 1989 SENATE RESOLUTION 53—AUTHOR- than February 28, 2019. land conveyance is transferred in fee IZING EXPENDITURES BY THE SEC. 4. EXPENSES AND AGENCY CONTRIBUTIONS. simple, with no further use restric- COMMITTEE ON ARMED SERV- (a) EXPENSES OF THE COMMITTEE.— tions. I appreciate the goal of the Fed- ICES (1) IN GENERAL.—Except as provided in paragraph (2), expenses of the committee eral Lands to Parks Program to pre- Mr. MCCAIN submitted the following under this resolution shall be paid from the serve land as open space, particularly resolution; from the Committee on contingent fund of the Senate upon vouchers after having overseen the preservation Armed Services; which was referred to approved by the chairman of the committee. of 400,000 acres of open space in Vir- the Committee on Rules and Adminis- (2) VOUCHERS NOT REQUIRED.—Vouchers ginia during my time as Governor of tration: shall not be required for— the Commonwealth. There are no plans S. RES. 53 (A) the disbursement of salaries of employ- to develop the open space on this site, Resolved, ees paid at an annual rate; (B) the payment of telecommunications only to fix the daycare center build- SECTION 1. GENERAL AUTHORITY. provided by the Office of the Sergeant at ing—a former Forest Service garage In carrying out its powers, duties, and functions under the Standing Rules of the Arms and Doorkeeper; that has been on the site since before (C) the payment of stationery supplies pur- its transfer from Federal ownership. Senate, in accordance with its jurisdiction under rule XXV of the Standing Rules of the chased through the Keeper of the Stationery; My Virginia colleague, Congressman Senate, including holding hearings, report- (D) payments to the Postmaster of the Bob Goodlatte, has introduced com- ing such hearings, and making investiga- Senate; panion legislation in the House of Rep- tions as authorized by paragraphs 1 and 8 of (E) the payment of metered charges on resentatives. During the 114th Con- rule XXVI of the Standing Rules of the Sen- copying equipment provided by the Office of gress, this bill was passed unanimously ate, the Committee on Armed Services (in the Sergeant at Arms and Doorkeeper; (F) the payment of Senate Recording and through the full House as a standalone; this resolution referred to as the ‘‘com- mittee’’) is authorized from March 1, 2017, Photographic Services; or reported favorably without opposition (G) the payment of franked and mass mail by the Senate Energy and Natural Re- through February 28, 2019, in its discretion, to— costs by the Sergeant at Arms and Door- sources Committee; and adopted by (1) make expenditures from the contingent keeper. (b) AGENCY CONTRIBUTIONS.—There are au- unanimous consent to be included in fund of the Senate; the Senate’s bipartisan Energy bill. thorized to be paid from the appropriations (2) employ personnel; and account for ‘‘Expenses of Inquiries and Inves- Unfortunately, it fell just short of final (3) with the prior consent of the Govern- tigations’’ of the Senate such sums as may passage. ment department or agency concerned and be necessary for agency contributions re- This is a small modification that the Committee on Rules and Administration, lated to the compensation of employees of simply removes unnecessary bureau- use on a reimbursable or nonreimbursable the committee— cratic hurdles and allows the daycare basis the services of personnel of any such (1) for the period March 1, 2017, through department or agency. center to continue doing what it has September 30, 2017; SEC. 2. EXPENSES. been doing for 25 years. I am pleased to (2) for the period October 1, 2017, through (a) EXPENSES FOR PERIOD ENDING SEP- September 30, 2018; and partner with Congressman GOODLATTE TEMBER 30, 2017.—The expenses of the com- (3) for the period October 1, 2018, through in this commonsense, bipartisan effort. mittee for the period March 1, 2017, through February 28, 2019. September 30, 2017, under this resolution By Mr. COTTON: shall not exceed $3,783,845, of which f S. 332. A bill to restrict funding for amount— SENATE RESOLUTION 54—EX- the Preparatory Commission for the (1) not to exceed $46,667 may be expended PRESSING THE UNWAVERING Comprehensive Nuclear-Test-Ban Trea- for the procurement of the services of indi- COMMITMENT OF THE UNITED ty Organization, and for other pur- vidual consultants, or organizations thereof STATES TO THE NORTH ATLAN- (as authorized by section 202(i) of the Legis- poses; to the Committee on Foreign lative Reorganization Act of 1946 (2 U.S.C. TIC TREATY ORGANIZATION Relations. 4301(i))); and Mr. BLUMENTHAL (for himself, Mr. Mr. COTTON. Mr. President, I ask (2) not to exceed $17,500 may be expended GARDNER, Mr. RUBIO, and Mrs. MCCAS- unanimous consent that the text of the for the training of the professional staff of KILL) submitted the following resolu- bill be printed in the RECORD. the committee (under procedures specified tion; which was referred to the Com- There being no objection, the text of by section 202(j) of that Act). mittee on Foreign Relations: the bill was ordered to be printed in (b) EXPENSES FOR FISCAL YEAR 2018 PE- RIOD.—The expenses of the committee for the S. RES. 54 the RECORD, as follows: period October 1, 2017, through September 30, Whereas, following World War II, the S. 332 2018, under this resolution shall not exceed United States rejected isolationism, estab- Be it enacted by the Senate and House of Rep- $6,486,591, of which amount— lished its role as a world leader, and devel- resentatives of the United States of America in (1) not to exceed $80,000 may be expended oped an international alliance system that Congress assembled, for the procurement of the services of indi- protected the United States while supporting SECTION 1. RESTRICTION ON FUNDING FOR THE vidual consultants, or organizations thereof democracy, freedom, and economic pros- PREPARATORY COMMISSION FOR (as authorized by section 202(i) of the Legis- perity with European nations; THE COMPREHENSIVE NUCLEAR- lative Reorganization Act of 1946 (2 U.S.C. Whereas, 70 years ago, the United States TEST-BAN TREATY ORGANIZATION. 4301(i))); and announced the Marshall Plan for Europe, a (a) STATEMENT OF POLICY.—Congress de- (2) not to exceed $30,000 may be expended strategic investment in Europe, as well as clares that United Nations Security Council for the training of the professional staff of articulated the Truman Doctrine, which Resolution 2310 (September 23, 2016) does not the committee (under procedures specified sought to contain a growing Soviet threat in obligate the United States or impose an obli- by section 202(j) of that Act). Southern Europe; gation on the United States to refrain from (c) EXPENSES FOR PERIOD ENDING FEBRUARY Whereas, in 1949, the United States, Can- actions that would run counter to the object 28, 2019.—The expenses of the committee for ada, Belgium, Denmark, France, Iceland,

VerDate Sep 11 2014 06:55 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.063 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE S870 CONGRESSIONAL RECORD — SENATE February 7, 2017 Italy, Luxemburg, the Netherlands, Norway, tion in Ukraine, its targeting of civilians in Whereas General James Jones, United Portugal, and the United Kingdom signed Syria, its ongoing information war in Eu- States Marine Corps (retired), former Na- the North Atlantic Treaty that formed the rope, its continued violations of the Inter- tional Security Advisor, testified before the basis of the North Atlantic Treaty Organiza- mediate Nuclear Forces Agreement, and its Committee on Armed Services of the Senate tion (in this preamble referred to as cyberattacks aimed at influencing United in July 2016 that ‘‘[o]ur 27 NATO allies offer ‘‘NATO’’); States elections—have violated inter- America forward basing, which allows us to Whereas NATO was created to protect national laws and norms; better fight enemies like ISIS and deter ad- countries from a growing Soviet threat, pro- Whereas Russia continues to use versaries like the new Russia and to meet mote international peace and stability, and disinformation campaigns and promote state shared challenges. Twenty-eight countries defend freedom; propaganda to discredit democracy and un- acting as one is a powerful alliance’’; Whereas, to date, 28 countries have joined dermine NATO members; Whereas Secretary of Defense James NATO; Whereas, since the illegal annexation of Mattis testified before the Committee of Whereas, for more than 67 years, NATO has Crimea and direct support to the conflict in Armed Services of the Senate, during his served as a central pillar of United States Eastern Ukraine by Russia in 2014, NATO hearing as nominee for Secretary of Defense, national security and a deterrent against ad- members have undertaken the biggest rein- that ‘‘[w]e must also embrace our inter- versaries and external threats; forcement of the collective defense of NATO national alliances and security partnerships. Whereas NATO continues to improve its since the end of the Cold War, enhancing al- History is clear: Nations with strong allies collective defense measures, enhance its lied readiness and deterrence measures in re- thrive and those without them wither’’; military capabilities to address a full spec- sponse to Russian aggression; Whereas there is a long tradition of strong trum of complex threats, and partner with Whereas the efforts of NATO to confront bipartisan agreement that participation in non-NATO countries to promote inter- and deter Russian aggression in Eastern Eu- NATO strengthens the security of the United national stability; rope have included a three-fold increase in States; Whereas Article 5 of the North Atlantic the size of the NATO Response Force (NRF) Whereas NATO is the first peacetime mili- Treaty is an integral part of NATO and to 40,000 troops; the creation of a Spearhead tary alliance the United States entered into states that ‘‘[t]he Parties agree that an Force of 5,000 troops capable of deploying outside the Western Hemisphere and today armed attack against one or more of them in within a few days to respond to any threat remains the largest peacetime military alli- Europe or North America shall be considered against an ally, particularly on the eastern ance in the world; an attack against them all...’’; flank of NATO; the forward deployment of up Whereas a fractured NATO alliance would Whereas NATO invoked Article 5 for the to 4,000 troops to Poland, Estonia, Latvia, harm the interests of the United States and first time less than 24 hours after the Sep- and Lithuania; an increase in the air polic- embolden adversaries of the United States; tember 11, 2001, terrorist attacks against the ing and maritime missions of NATO in East- and United States; ern Europe; and a significant increase in Whereas a strong and united Europe is im- Whereas, in Afghanistan, NATO allies and NATO training and military exercises in porting to United States strategic interests: partners have served alongside United States Eastern Europe; Now, therefore, be it forces since 2001, reaching a peak of more Whereas, following the invasion of Ukraine Resolved, That the Senate— than 42,000 ally and partner forces, 6,300 by Russia in 2014, the United States estab- (1) pledges that the United States will con- NATO forces continue to serve today along- lished Operation Atlantic Resolve and the tinue to maintain strong leadership and side the 6,900 United States forces there, and European Reassurance Initiative to reassure strengthen its commitments to the North more than 1,100 NATO ally and partner NATO allies that the United States would Atlantic Treaty Organization (in this resolu- forces have paid the ultimate price in service uphold its global security commitments and tion referred to as ‘‘NATO’’); to the collective defense of NATO; work in coordination with European part- (2) strongly encourages NATO members to Whereas NATO took the lead in helping ners to deter Russian aggression; fulfill their pledge to invest at least 2 per- combat the terrorist threat in Afghanistan Whereas, since 2014, Operation Atlantic Re- cent of gross domestic product on defense through the International Security Assist- solve and the European Reassurance Initia- spending, invest at least 20 percent of such ance Force and Operation Resolute Support, tive have demonstrated the continued com- spending on major equipment (including re- contributing to the safety of the United mitment of the United States to its NATO search and development), and shoulder ap- States and the international community; allies and partners by engaging in deterrence propriate responsibility within NATO; Whereas all 28 NATO allies and many and security measures against potential Rus- (3) recognizes the historic contribution and NATO partners are contributing to the Glob- sian aggression in the region; sacrifice NATO member countries have made al Coalition to Counter the Islamic State of Whereas the United States is further while combating terrorism in Afghanistan Iraq and the Levant; strengthening its force presence in Europe through the International Security Assist- Whereas approximately 18,000 military per- through the continuous deployment of an ar- ance Force and Operation Resolute Support; sonnel are currently engaged in NATO mis- mored brigade combat team to Poland on a and sions around the world, conducting oper- rotating basis; (4) honors the men and women who served ations in Afghanistan, Kosovo, the Medi- Whereas, on January 6, 2017, as a part of under NATO and gave their lives to promote terranean, and off the Horn of Africa; Operation Atlantic Resolve, 3,500 United peace, security, and international coopera- Whereas NATO conducts a range of mari- States troops from the 4th Infantry Division tion since 1949. time security operations in the Mediterra- in Fort Carson, Colorado, along with more nean and is essential to establishing sta- than 2,500 military vehicles, were deployed f bility along the borders of Europe and to re- to Eastern Europe to deter regional aggres- SENATE RESOLUTION 55—RECOG- sponding to the ongoing refugee and migrant sion; NIZING FEBRUARY 26, 2017, AS crisis; Whereas continued United States leader- THE 100TH ANNIVERSARY OF Whereas, for nearly 10 years, NATO has ship in NATO is critical to ensuring that THE ESTABLISHMENT OF provided airlift support for the mission of NATO remains the greatest military alliance the African Union in Somalia, as well as as- in history; DENALI NATIONAL PARK AND sisted with training the African Standby Whereas all NATO members have recom- PRESERVE IN THE STATE OF Force at the request of the African Union; mitted themselves to sharing the security ALASKA Whereas, for more than 17 years, NATO has burden of NATO at the 2014 NATO Wales Ms. MURKOWSKI (for herself and led peace-support operations in Kosovo to Summit by pledging to meet the defense Mr. SULLIVAN) submitted the following maintain safety and security in a volatile re- spending target for NATO members of 2 per- resolution; which was referred to the gion; cent of gross domestic product within 10 Whereas NATO has three standing forces years; Committee on the Judiciary: on active duty at all times to defend the Al- Whereas the United States, Greece, Po- S. RES. 55 liance, air policing capability, maritime land, Estonia, and the United Kingdom all Whereas Alaska Natives have lived on the forces, and an integrated air defense system; have exceeded that defense spending target; land surrounding the Denali area and used Whereas NATO allies and the international Whereas, since the Wales Summit, Latvia, the resources of the land for food, shelter, community continue to look to NATO to Lithuania, and many other allies have in- clothing, transportation, handicrafts, and deter the increasingly revanchist activities creased defense spending in an effort to meet trade for thousands of years; of Russia; that defense spending target; Whereas Judge James Wickersham, of Whereas Chairman of the Joint Chiefs of Whereas NATO remains committed to its Fairbanks, Alaska, discovered gold in the Staff, General Joseph Dunford, testified be- open door policy on enlargement, working Kantishna Hills following his attempted as- fore the Committee on Armed Services of the with countries in the Euro-Atlantic region cent of Denali in 1903, prompting a gold rush Senate on July 19, 2015, that Russia presents that aspire to join NATO to help meet the with several thousand prospectors and the the ‘‘greatest existential threat’’ to the requirements for membership; establishment of successful placer and com- United States; Whereas, at the 2016 NATO Warsaw Sum- mercial mining operations that lasted for Whereas the malign actions of Russia—its mit, NATO Heads of State and Government decades; 2008 incursion into Georgia, its illegal annex- formally invited Montenegro to become the Whereas explorer Belmore Browne and ation of Crimea, its continued military ac- 29th member of NATO; hunter-naturalist Charles Sheldon visited

VerDate Sep 11 2014 06:00 Feb 08, 2017 Jkt 069060 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.067 S06FEPT2 rfrederick on DSK30MX082PROD with SENATE February 7, 2017 CONGRESSIONAL RECORD — SENATE S871 the Denali region, observed the natural visitors with unparalleled opportunities to more vibrant and have positively contrib- splendor of Denali, and, along with Alaska’s experience and explore millions of acres of uted to the betterment of the United States; territorial delegate to Congress, Judge an accessible wildlife sanctuary that rep- Whereas the United States has a moral ob- Wickersham, and pioneering biological sur- resents one of the crown jewels of the United ligation to ensure that people fleeing vio- vey naturalist Edward Nelson, tirelessly ad- States; lence and persecution are protected; vocated for Denali’s protection; Whereas residents of the State of Alaska Whereas the United States Senate should Whereas early proponents of national continue their subsistence way of life by continue its legacy of bipartisan leadership parks, such as the Boone and Crockett Club, hunting and gathering in the majority of on refugees and asylum seekers; the Campfire Club of America, and the Amer- Denali National Park and Preserve; Whereas a ban or halt on resettlement may ican Game Protective and Propagation Asso- Whereas Denali National Park and Pre- result in prolonged and indefinite family sep- ciation, sponsored early expeditions, includ- serve hosts the only working sled dog kennel aration; ing those of Sheldon and Brown, and advo- in a national park, and winter patrols are Whereas executive actions targeting refu- cated for the creation of a national park at conducted inside Denali National Park and gees and asylum seekers could place these Denali; Preserve using the age-old tradition of dog most vulnerable populations at serious risk Whereas, in 1910, miners from the mushing; and of death or injury; and Kantishna Hills discovered an approach by Whereas Denali National Park and Pre- Whereas refugees are the most thoroughly which Denali might be climbed, relying on serve, known for its breathtaking scenery screened and vetted entrants to the United years of observations while following quartz and iconic wildlife, protects more than States, undergoing multiple security checks leads and hunting sheep in the foothills of 6,000,000 acres of towering mountains, expan- by the Department of Defense, the Depart- the Denali area; sive valleys, glacial rivers of ice, braided ment of Homeland Security, the Department Whereas Athabascan Walter Harper joined streams, and wildland for the benefit of all of State, the Federal Bureau of Investiga- Archdeacon Hudson Stuck, Harry Karstens, people of the United States: Now, therefore, tion, and the National Counterterrorism and Robert Tatum to successfully summit be it Center: Now, therefore, be it the highest peak of Denali in 1913, opening Resolved, That the Senate— Resolved, That— the door for thousands of individuals to test (1) congratulates and celebrates Denali Na- (1) it is the sense of the Senate that— their own endurance and fortitude by at- tional Park and Preserve on its centennial (A) the United States should remain a tempting to climb the giant massif; anniversary; global leader in welcoming and providing ref- Whereas President Woodrow Wilson signed (2) encourages all people of the State of uge to refugees and asylum seekers; and into law the Act entitled ‘‘An Act to estab- Alaska and the United States to visit and ex- (B) no person should be banned from enter- lish the Mount McKinley National Park, in perience this national treasure; and ing the United States because of their na- the Territory of Alaska’’, approved February (3) designates February 26, 2017, as ‘‘Denali tionality, race, ethnicity, religion, sexual 26, 1917 (39 Stat. 938, chapter 121), for the ben- National Park and Preserve Day’’. orientation, gender identity, or gender; efit and enjoyment of the people of the f (2) the Executive Order titled ‘‘Protecting United States and the preservation of the the Nation From Foreign Terrorist Entry Denali area’s scenic beauty, animals, birds, SENATE RESOLUTION 56—EX- Into the United States’’ issued by the Presi- and fish; PRESSING THE SENSE OF THE dent on January 27, 2017, undermines the na- Whereas Congress expanded the boundaries SENATE THAT THE UNITED tional interest of the United States; and of Mount McKinley National Park in 1922, (3) the Senate directs the Secretary of the 1932, and 1980 and renamed that national STATES SHOULD REMAIN A GLOBAL LEADER IN WELCOMING Senate to transmit an enrolled copy of this park Denali National Park and Preserve resolution to the President, the Secretary of after the traditional Koyukon Athabascan AND PROVIDING REFUGE TO State, the Secretary of Defense, the Sec- name for the highest peak in the park, REFUGEES AND ASYLUM SEEK- retary of Homeland Security, the Attorney Deenaalee, meaning the High One; ERS AND THAT NO PERSON General, the Director of the Federal Bureau Whereas Denali National Park and Pre- SHOULD BE BANNED FROM EN- of Investigation, and the Director of Na- serve protects and interprets Denali, which tional Intelligence. is the highest mountain in North America, TERING THE UNITED STATES BE- at 20,310 feet, and the tallest above-water CAUSE OF THEIR NATIONALITY, Mr. LEAHY. Mr. President, the mountain, with a vertical relief of almost RACE, ETHNICITY, RELIGION, United Nations High Commissioner for 18,000 feet measured from its base; SEXUAL ORIENTATION, GENDER Refugees has reported that more than Whereas Denali National Park and Pre- IDENTITY, OR GENDER 65 million people have been forcibly serve preserves a wild subarctic landscape displaced around the globe by the end with a rich and diverse tapestry of plant life Mr. LEAHY (for himself, Mrs. SHA- HEEN, Ms. HIRONO, Mr. BOOKER, Mr. of 2015. In the face of such staggering and intact ecosystems where bears, wolves, human suffering, we must not shutter caribou, moose, and Dall sheep roam as they REED, Mr. CARPER, Ms. WARREN, Mr. have for thousands of years; SANDERS, Mr. COONS, Mr. VAN HOLLEN, our doors and abandon our foundational principle of religious free- Whereas Denali National Park and Pre- Mrs. GILLIBRAND, Mr. MERKLEY, Mr. dom. Yet that is exactly what our new serve protects a wide array of fossils that BLUMENTHAL, Mr. UDALL, Mr. MARKEY, point to an age 70,000,000 years ago, when di- President would have us do with the Mr. WYDEN, Mr. BENNET, Ms. KLO- nosaurs roamed that northern land; Executive order he signed 2 weeks ago. BUCHAR, Mr. FRANKEN, Mr. BROWN, Mr. Whereas Denali National Park and Pre- This is not something I support, and MURPHY, Mr. WHITEHOUSE, Mr. SCHATZ, serve contains 2 of the oldest-known archae- for good reasons. Ms. HEITKAMP, Mr. DONNELLY, Mr. ology sites in North America, the oldest of Our freedom of religion was en- which dates to just over 13,000 years old; HEINRICH, Mrs. FEINSTEIN, Mr. DURBIN, shrined in the Constitution 225 years Whereas glaciers still blanket 1⁄6 of Denali Mr. CASEY, Mr. PETERS, and Mr. SCHU- ago. Since forging this promise, we National Park and Preserve and continue to MER) submitted the following resolu- shape the landscape by carving mountains, have been a confident Nation wel- tion; which was referred to the Com- coming those of all faiths. The Execu- feeding silt-laden rivers, and depositing rock mittee on the Judiciary: and silt across the valleys; tive order issued by the new Repub- Whereas Denali National Park and Pre- S. RES. 56 lican President threatens these found- serve was designated as an International Whereas the United States is a country ing ideals and the very freedoms we Biosphere Reserve in 1976 and has become a founded on the principles of religious and po- enjoy as Americans. It singles out Mus- premier international tourist destination; litical freedom; lim refugees and those fleeing violence Whereas, in 2016, nearly 600,000 visitors set Whereas hateful rhetoric against refugees in Syria, and it suspends the refugee foot in Denali National Park and Preserve, and asylum seekers betrays the principles on the greatest number of visitors in the his- which the United States was founded; program as a whole. This is not the tory of Denali National Park and Preserve Whereas for centuries, people from around America I know. It is contrary to our and a record number of visitors for the State the world have sought refuge in the United values and contrary to the example of Alaska; States in pursuit of freedom and protection America needs to set for the world. Whereas key tourism partners like the for themselves and their families; The ongoing conflict in Syria makes Alaska Railroad, the cruise ship industry, Whereas people often seek refuge and asy- clear the enormity of the humanitarian air and bus tour companies, and other outfit- lum in the United States to flee war, armed crisis we face. The terror inflicted by ters have worked diligently to provide a wide conflict, violence, and religious, ethnic, and both Bashar Al-Assad’s regime and array of ways in which the many visitors to political persecution; ISIS has forced more than half of Syr- Denali National Park and Preserve may ex- Whereas refugees and asylum seekers have perience Denali, including hiking, dog been welcomed by towns, cities, and States ia’s 23 million people from their homes mushing, rafting, and cycling; across the United States; and claimed the lives of hundreds of Whereas Denali National Park and Pre- Whereas refugees and asylum seekers have thousands of civilians. Currently, there serve’s historic Denali Park Road provides made their new communities stronger and are more than 4.8 million registered

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I also fear for the young Somali ref- Mr. GRASSLEY. Mr. President, I ask One of these families shared that their ugee in Vermont who has been pa- unanimous consent that the Com- own children ‘‘were exposed to a lot of tiently waiting for the completion of mittee on Armed Services be author- terror, and the sound of bombs and the the resettlement process so that his ized to meet during the session of the sound of bullets and gunshots all day pregnant wife and young son will be Senate on Tuesday, February 7, 2017, at long.’’ This is no way to live. That is saved from the squalor of a refugee 9:30 a.m. why I strongly agree with Rutland’s camp and reunited with him in The PRESIDING OFFICER. Without mayor Christopher Louras, who said Vermont. And the man from Sudan objection, it is so ordered. accepting refugees ‘‘is just the right who has been waiting for his two young COMMITTEE ON FOREIGN RELATIONS thing to do from a compassionate, hu- sons to finally be granted their visas to Mr. GRASSLEY. Mr. President, I ask manitarian perspective.’’ We must do join him and the rest of their family. unanimous consent that the Com- more. And the husband whose Libyan wife mittee on Foreign Relations be author- There are other humanitarian crises was recently granted a visa and has ized to meet during the session of the impacting the world. Closer to home, been waiting for the International Or- Senate on Tuesday, February 7, 2017, at ruthless armed gangs in El Salvador, ganization for Migration to arrange her 10 a.m. Honduras, and Guatemala continue to flight to the United States. I am con- The PRESIDING OFFICER. Without brutalize women and children with cerned for these families and for so objection, it is so ordered. near impunity. We have a moral obli- many others in Vermont and around COMMITTEE ON VETERANS’ AFFAIRS gation to respond, and it is in our na- the country. Mr. GRASSLEY. Mr. President, I ask tional interest to do that. Americans are bound together by our unanimous consent that the Com- National security leaders agree that shared ideals. Among those ideals are mittee on Veterans’ Affairs be author- anti-Muslim rhetoric is not only con- tolerance and diversity. They unite us ized to meet during the session of the trary to our values, it also makes us as a nation; they make us stronger. Senate on Tuesday, February 7, 2017, less safe. FBI Director Comey told the That is the message we should be em- off the Senate floor immediately fol- Senate Judiciary Committee in No- vember 2015 that part of ISIL’s nar- bracing—one of inclusion, not one of lowing the vote scheduled at 12 p.m. rative is to depict the United States as exclusion and division. Federal District The PRESIDING OFFICER. Without anti-Muslim. The Defense Department Court Judge Geoffrey Crawford per- objection, it is so ordered. has made a similar point. House Speak- fectly encapsulated this sentiment at a SELECT COMMITTEE ON INTELLIGENCE er Ryan has also denounced a ban on naturalization ceremony for 31 new Mr. GRASSLEY. Mr. President, I ask Muslims, noting that it is ‘‘not con- Americans in Rutland, VT, last week. unanimous consent that the Senate Se- servatism’’ to impose a religious test. The summary of his powerful remarks, lect Committee on Intelligence be au- A bipartisan majority of the Senate which he directed particularly to our thorized to meet during the session of Judiciary Committee agreed in Decem- new Muslim citizens, was this: ‘‘You the 115th Congress of the U.S. Senate ber 2015 when it passed my amendment are equal in the eyes of the law.’’ This on Tuesday, February 7, 2017, from 2:30 confirming that ‘‘the United States simple message is clear, and unequivo- p.m. to 4:30 p.m., in room SH–219 of the must not bar individuals from entering cal: You are welcome, you are equal, Senate Hart Office Building. into the United States based on their you are protected. The PRESIDING OFFICER. Without religion.’’ That is why I am introducing a reso- objection, it is so ordered. The chaos and confusion caused by lution expressing the sense of the Sen- f this Executive order at our airports in ate that no one should be blocked from the United States as well as around the entering the United States because of PRIVILEGES OF THE FLOOR world highlights the recklessness of their nationality, race, ethnicity, reli- Mr. CASEY. Mr. President, I ask this administration’s attempt to bar gion, sexual orientation, gender iden- unanimous consent that Zach Ormsby people based on their religion and na- tity, or gender. Adoption of this resolu- of my staff be granted floor privileges tional origin. The devastation this is tion simply reaffirms the basic prin- for the duration of the consideration of causing to lawful immigrants and refu- ciple that this country does not have a the DeVos nomination. gees fleeing violence is immeasurable. I litmus test. It will also show that the fear for my constituents who are lawful Senate will not allow fear to under- The PRESIDING OFFICER. Without permanent residents of the United mine the very principles and values objection, it is so ordered. States who also happen to be nationals that we cherish and that we have sworn f of one of the seven targeted countries. to defend. The resolution is consistent Due to the widespread outrage ex- with the strong bipartisan actions CONFIRMATION pressed by thousands of concerned citi- taken by the Senate less than 4 years Executive nomination confirmed by zens and legal challenges across the ago when we passed comprehensive im- the Senate February 7, 2017: country, the Trump administration has migration reform legislation that in- DEPARTMENT OF EDUCATION cluded protections for refugees and now clarified that the Executive order ELISABETH PRINCE DEVOS, OF MICHIGAN, TO BE SEC- should not apply to legal permanent asylum seekers. I urge Senators to RETARY OF EDUCATION.

N O T I C E Incomplete record of Senate proceedings. Today’s Senate proceedings will be continued in the next issue of the Record.

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HIGHLIGHTS Senate confirmed the nomination of Elisabeth Prince DeVos, of Michi- gan, to be Secretary of Education. Senate Sessions Nomination—Cloture: Senate resumed Chamber Action consideration of the nomination of Jeff Sessions, of Routine Proceedings, pages S685–S872 Alabama, to be Attorney General. Page S824 Senate continued in the session that began on During consideration of this nomination today, Monday, February 6, 2017. See next volume of the Senate also took the following action: Congressional Record. By 52 yeas to 47 nays, 1 responding present (Vote Measures Introduced: Thirty-five bills and nine No. EX. 55), Senate agreed to the motion to close resolutions were introduced, as follows: S. 306–340, further debate on the nomination. Page S824 and S. Res. 48–56. Pages S745–46, S867–68 By 88 yeas to 3 nays (Vote No. 56), Senate agreed to the motion to instruct the Sergeant at Arms to Measures Reported: request the attendance of absent Senators. Page S855 S. Res. 48, authorizing expenditures by the Select By 49 yeas to 43 nays (Vote No. 57), agreed to Committee on Intelligence. the ruling of the chair that the words spoken by S. Res. 52, authorizing expenditures by the Com- Senator Warren violate rule XIX shall stand as the mittee on Finance. judgment of the Senate. Page S855 S. Res. 53, authorizing expenditures by the Com- By 43 yeas to 50 nays (Vote No. 58), Senate re- mittee on Armed Services. Pages S745, S869 jected the motion that Senator Warren be permitted Appointments: to proceed in order. Page S855 Commission on Security and Cooperation in Eu- Nomination Confirmed: Senate confirmed the fol- rope (Helsinki): The Chair, on behalf of the Vice lowing nomination: President, pursuant to Public Law 94–304, as By 51 yeas to 50 nays, Vice President voting yea amended by Public Law 99–7, appointed the fol- (Vote No. EX. 54), Elisabeth Prince DeVos, of lowing Senator as the Chairman of the Commission Michigan, to be Secretary of Education. Page S824 on Security and Cooperation in Europe (Helsinki) During consideration of this nomination today, during the 115th Congress: Senator Wicker. Senate also took the following action: Page S716 By 91 yeas to 4 nays (Vote No. 53), Senate agreed Congressional-Executive Commission on the Peo- to the motion to instruct the Sergeant at Arms to ple’s Republic of China: The Chair, on behalf of the request the attendance of absent Senators. Page S716 President of the Senate, pursuant to Public Law Messages from the House: Page S866 106–286, appointed the following Members to serve Measures Referred: Page S866 on the Congressional-Executive Commission on the People’s Republic of China: Senators Rubio (Chair- Executive Communications: Pages S866–67 man), Lankford, Cotton, Daines, and Young. Executive Reports of Committees: Page S867 Page S716 Additional Cosponsors: Page S868 John F. Kennedy Center for the Performing Statements on Introduced Bills/Resolutions: Arts: The Chair, on behalf of the President of the Pages S868–69 Senate, pursuant to Public Law 85–874, as amended, re-appointed the following individual to the Board Additional Statements: Pages S744–45 of Trustees of the John F. Kennedy Center for the Authorities for Committees to Meet: Performing Arts: Senator Blunt. Page S716 Pages S751, S872 D119

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Privileges of the Floor: Pages S751, S872 Subcommittee on International Trade, Customs, and Quorum Calls: Global Competitiveness: Senators Cornyn (Chair), Grass- Two quorum call was taken today. (Total—3) ley, Roberts, Isakson, Thune, Heller, Casey, Stabe- Pages S716, S854 now, Nelson, and McCaskill. Subcommittee on Taxation and IRS Oversight: Senators Record Votes: Six record votes were taken today. Portman (Chair), Crapo, Roberts, Enzi, Cornyn, (Total—58) Pages S716, S824, S855 Thune, Burr, Isakson, Toomey, Scott, Warner, Car- Continuing Session: Senate convened at 12 noon, per, Cardin, McCaskill, Menendez, Bennet, Casey, on Monday, February 6, 2017, and continued in ses- and Cantwell. sion. (for complete Digest of today’s proceedings, see Subcommittee on Health Care: Senators Toomey next volume of the Congressional Record.) (Chair), Grassley, Roberts, Enzi, Thune, Burr, Isak- son, Portman, Heller, Cassidy, Stabenow, Menendez, Committee Meetings Cantwell, Carper, Cardin, Brown, Warner, and Wyden. (Committees not listed did not meet) Subcommittee on Energy, Natural Resources, and Infra- structure: Senators Heller (Chair), Grassley, Crapo, RECENT YEMEN OPERATION Enzi, Cornyn, Burr, Scott, Cassidy, Bennet, Cant- Committee on Armed Services: Committee received a well, Nelson, Menendez, Carper, and Warner. closed briefing on the recent Yemen operation from Subcommittee on Fiscal Responsibility and Economic Theresa Whelan, performing the duties of Under Growth: Senators Scott (Chair), Hatch, and Wyden. Secretary of Defense for Policy, and J–3 Lieutenant Subcommittee on Social Security, Pensions, and Family General John L. Dolan, USAF, Joint Staff Director Policy: Senators Cassidy (Chair), Portman, Crapo, for Operations, both of the Department of Defense. Toomey, Brown, and Casey. CYBER THREATS Senators Hatch and Wyden are ex officio members of each subcommittee. Committee on Armed Services: Committee received a closed briefing on cyber threats from Admiral Mi- THE PLAN TO DEFEAT ISIS chael S. Rogers, USN, Commander, Cyber Com- Committee on Foreign Relations: Committee concluded mand, Director, National Security Agency, Chief, a hearing to examine the plan to defeat ISIS, focus- Central Security Services, Department of Defense. ing on key decisions and considerations, after receiv- BUSINESS MEETING ing testimony from James F. Jeffrey, Washington In- Committee on Armed Services: Committee ordered favor- stitute for Near East Policy, and Jeremy Bash, Bea- ably reported an original resolution (S. Res. 53) au- con Global Strategies, both of Washington, D.C. thorizing expenditures by the Committee for the BUSINESS MEETING 115th Congress. Committee on Veterans’ Affairs: Committee ordered fa- BUSINESS MEETING vorably reported the nomination of David J. Shulkin, Committee on Finance: Committee ordered favorably of Pennsylvania, to be Secretary of Veterans Affairs. reported the following business items: An original resolution (S. Res. 52) authorizing ex- INTELLIGENCE penditures by the Committee; and adopted its rules Select Committee on Intelligence: Committee held closed of procedure for the 115th Congress. hearings on intelligence matters, receiving testimony Also, Committee announced the following sub- from officials of the intelligence community. committee assignments: Committee recessed subject to the call. h House of Representatives 64; H. Con. Res. 20–21; and H. Res. 92–94, were Chamber Action introduced. Pages H1011–12 Public Bills and Resolutions Introduced: 27 pub- Additional Cosponsors: Pages H1013–14 lic bills, H.R. 871–897; and 6 resolutions, H.J. Res. Reports Filed: A report was filed today as follows:

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H. Res. 91, providing for consideration of the Hills National Cemetery, by a 2⁄3 yea-and-nay vote joint resolution (H.J. Res. 44) disapproving the rule of 407 yeas with none voting ‘‘nay’’, Roll No. 80; submitted by the Department of the Interior relating Pages H985–87, H993–94 to Bureau of Land Management regulations that es- Fort Frederica National Monument Boundary tablish the procedures used to prepare, revise, or Expansion Act: H.R. 494, to expand the boundary amend land use plans pursuant to the Federal Land of Fort Frederica National Monument in the State of Policy and Management Act of 1976; providing for Georgia; and Pages H987–88 consideration of the joint resolution (H.J. Res. 57) providing for congressional disapproval under chap- Email Privacy Act: H.R. 387, to amend title 18, ter 8 of title 5, United States Code, of the rule sub- United States Code, to update the privacy protec- mitted by the Department of Education relating to tions for electronic communications information that accountability and State plans under the Elementary is stored by third-party service providers in order to and Secondary Education Act of 1965; and providing protect consumer privacy interests while meeting law for consideration of the joint resolution (H.J. Res. enforcement needs. Pages H988–92 58) providing for congressional disapproval under Committee Resignation: Read a letter from Rep- chapter 8 of title 5, United States Code, of the rule resentative Aguilar wherein he resigned from the submitted by the Department of Education relating Committee on Armed Services. Page H992 to teacher preparation issues (H. Rept. 115–9). Committee Resignation: Read a letter from Rep- Page H1011 resentative Peters wherein he resigned from the Speaker: Read a letter from the Speaker wherein he Committee on Oversight and Armed Services. appointed Representative Smith (NE) to act as Page H992 Speaker pro tempore for today. Page H979 Recess: The House recessed at 5:58 p.m. and recon- Recess: The House recessed at 12:01 p.m. and re- vened at 6:30 p.m. Page H992 convened at 2 p.m. Page H979 Permitting the use of the rotunda of the Capitol Recess: The House recessed at 2:06 p.m. and recon- for a ceremony as part of the commemoration of vened at 4:45 p.m. Page H980 the days of remembrance of victims of the Holo- Suspensions: The House agreed to suspend the rules caust: The House agreed to discharge from com- and pass the following measures: mittee and agree to H. Con. Res. 18, permitting the Crags, Colorado Land Exchange Act of 2017: use of the rotunda of the Capitol for a ceremony as H.R. 618, to authorize, direct, expedite, and facili- part of the commemoration of the days of remem- tate a land exchange in El Paso and Teller Counties, brance of victims of the Holocaust. Page H994 Colorado; Pages H980–82 Committee Resignation: Read a letter from Rep- Elkhorn Ranch and White River National For- resentative Castro (TX) wherein he resigned from the est Conveyance Act of 2017: H.R. 698, to require Committee on Armed Services. Page H994 a land conveyance involving the Elkhorn Ranch and Senate Message: Message received from the Senate the White River National Forest in the State of Col- by the Clerk and subsequently presented to the orado; Pages H982–83 House today appears on page H980. Arapaho National Forest Boundary Adjustment Senate Referral: S. 305 was referred to the Com- Act of 2017: H.R. 688, to adjust the boundary of mittee on the Judiciary. Page H1010 the Arapaho National Forest, Colorado; Quorum Calls—Votes: Two yea-and-nay votes de- Pages H983–94 veloped during the proceedings of today and appear Bolts Ditch Access and Use Act: H.R. 689, to in- on pages H993 and H994. There were no quorum sure adequate use and access to the existing Bolts calls. Ditch headgate and ditch segment within the Holy Adjournment: The House met at 12 noon and ad- Cross Wilderness in Eagle County, Colorado, by a 2⁄3 yea-and-nay vote of 409 yeas to 1 nay, Roll No. 79; journed at 9 p.m. Pages H984–85, H993 Black Hills National Cemetery Boundary Ex- pansion Act: H.R. 337, to transfer administrative jurisdiction over certain Bureau of Land Management land from the Secretary of the Interior to the Sec- retary of Veterans Affairs for inclusion in the Black

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Social Security Act to count portions of income from an- Committee on Oversight and Government Reform, Full Com- nuities of a community spouse as income available to in- mittee, hearing entitled ‘‘Accomplishing Postal Reform in stitutionalized spouses for purposes of eligibility for med- the 115th Congress—H.R. 756, the Postal Service Re- ical assistance, and for other purposes, 10 a.m., 2123 form Act of 2017’’, 10 a.m., 2154 Rayburn. Rayburn. Committee on Rules, Full Committee, hearing on H.R. Committee on Financial Services, Full Committee, business 428, the ‘‘Red River Gradient Boundary Survey Act’’; meeting to consider the committee’s authorization and H.J. Res. 42, disapproving the rule submitted by the De- oversight plan for the 115th Congress, 10 a.m., 2128 partment of Labor relating to drug testing of unemploy- Rayburn. ment compensation applicants, 3 p.m., H–313 Capitol. Committee on Foreign Affairs, Full Committee, hearing Committee on Science, Space, and Technology, Full Com- entitled ‘‘Countering the North Korean Threat: New mittee, organizational meeting for the 115th Congress, Steps in U.S. Policy’’, 10 a.m., 2172 Rayburn. Committee on Homeland Security, Full Committee, hearing 10 a.m., 2318 Rayburn. entitled ‘‘Ending the Crisis: America’s Borders and the Full Committee, hearing entitled ‘‘Making EPA Great Path to Security’’, 10 a.m., HVC–210. Again’’, 11 a.m., 2318 Rayburn. Committee on House Administration, Full Committee, Committee on Small Business, Full Committee, hearing hearing entitled ‘‘Priorities of the House Officers and entitled ‘‘Reimagining the Health Care Marketplace for Legislative Branch Entities for FY 2018 and Beyond’’ America’s Small Businesses’’, 11 a.m., 2360 Rayburn. (continued), 11 a.m., 1310 Longworth. Committee on Veterans’ Affairs, Full Committee, hearing Full Committee, markup on H.R. 634, the ‘‘Election entitled ‘‘Assessing the VA IT Landscape: Progress and Assistance Commission Termination Act’’; H.R. 133, to Challenges’’, 10 a.m., 334 Cannon. reduce Federal spending and the deficit by terminating Committee on Ways and Means, Subcommittee on Social taxpayer financing of Presidential election campaigns; and Security, organizational meeting for the 115th Congress, a committee resolution regarding views and estimates for 10 a.m., 1100 Longworth. FY2018, 12 p.m., 1310 Longworth. Subcommittee on Social Security; and Subcommittee Committee on the Judiciary, Full Committee, markup on on Oversight, joint hearing entitled ‘‘Examining the So- H.R. 732, the ‘‘Stop Settlement Slush Funds Act of cial Security Administration’s Representative Payee Pro- 2017’’, 10 a.m., 2141 Rayburn. gram: Determining Who Needs Help’’, to follow organi- Committee on Natural Resources, Full Committee, organi- zational meeting, 1100 Longworth. zational meeting for the 115th Congress, 11 a.m., 1324 Longworth.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES Tuesday, February 7 10 a.m., Tuesday, February 7

Senate Chamber House Chamber Program for Tuesday: Senate will continue in the ses- Program for Tuesday: Consideration of H.J. Res. 44— sion that began on Monday, February 6, 2017. See next Disapproving the rule submitted by the Department of volume of the Congressional Record. the Interior relating to Bureau of Land Management reg- At approximately 12 noon, Senate will vote on con- ulations that establish the procedures used to prepare, re- firmation of the nomination of Elisabeth Prince DeVos, vise, or amend land use plans pursuant to the Federal of Michigan, to be Secretary of Education. Land Policy and Management Act of 1976 (Subject to a Following disposition of the Nomination of Elisabeth Rule). Consideration of H.J. Res. 58—Providing for con- Prince DeVos, Senate will vote on the motion to invoke gressional disapproval under chapter 8 of title 5, United cloture on the nomination of Jeff Sessions, of Alabama, States Code, of the rule submitted by the Department of to be Attorney General. Education relating to teacher preparation issues (Subject to a Rule). Consideration of H.J. Res. 57—Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Depart- ment of Education relating to accountability and State plans under the Elementary and Secondary Education Act of 1965 (Subject to a Rule).

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