S2974 CONGRESSIONAL RECORD — SENATE May 17, 2017 need to address the burden and growing The PRESIDING OFFICER. Under mittees, and Mr. Comey should testify complexity of our Tax Code, and they the previous order, the time until 12 before those committees in public. In- came together to actually do some- noon will be equally divided in the deed, providing the Congress the tapes thing about it. Republicans and Demo- usual form. and memos may be the only way for crats worked side by side and across RECOGNITION OF THE MINORITY LEADER this administration to credibly make a the aisle to move that tax legislation. The Democratic leader is recognized. case to a justifiably skeptical Amer- ican public about its version of the It was a big win for both parties, for THOUGHTS AND PRAYERS FOR SENATOR TILLIS Ronald Reagan and the Republicans, story reported by the New York Times. Mr. SCHUMER. Mr. President, I just The President says what Comey said for Tip O’Neill and the Democrats. heard that our friend and colleague Now it is once again time we do was wrong. Prove it. It is easy to prove from North Carolina has collapsed dur- it, as long as there are tapes or tran- something about the issue, and I would ing a race in DC and is receiving med- hope our Democratic colleagues will scripts of what happened. If the Presi- ical attention. Until we hear further dent is right, he will have no problem once again work on a bipartisan basis news, our hearts will be in our mouths, toward that end. This has been a grow- releasing memos, tapes, or transcripts hoping for the best. Our thoughts and that corroborate his story. But if he ing problem for a number of years now. prayers, as a Senate family, are with The American people deserve a tax sys- fails to release them, the American the junior Senator from North Carolina public will justifiably tend to side with tem that allows them to keep more of and his family. their hard-earned money, that empow- Mr. Comey, not what the President had RUSSIA INVESTIGATION ers them to invest in their futures, and to say, particularly in light of so much actually makes it easier to succeed Mr. President, on a different subject, backtracking, backsliding, and factual rather than harder. the events of the last 2 weeks have fabrication in this White House. We have to get this accomplished be- shaken my confidence in this adminis- Finally, the events of this past week cause Americans have waited long tration’s competence and credibility. only heighten the need for a special enough for an economy that finally There has been revelation after revela- prosecutor who is truly independent to lives up to its potential and finally al- tion, allegation after allegation of mis- run the Department of Justice’s inves- lows them to realize theirs as well. conduct on the part of the President tigation into potential collusion be- I appreciate the House under Speaker and his team. In the past 2 days, it has tween the Trump campaign and Russia. reached new heights. The American people must have faith RYAN’s leadership for the role it is playing in these efforts. That work The President, according to reports in the integrity and impartiality of continues now with a Ways and Means in the Washington Post and the New this investigation. We have learned, if Committee hearing dedicated to tax re- York Times, may have divulged classi- the reporting is accurate, that the President is willing to directly inter- form tomorrow and more to follow in fied information to a known adversary fere with an active investigation. coming days. and actively tried to quash an inves- Whether or not it breaks the law is not I also appreciate the good work of tigation of a close political ally. the point here. The point is, he was Members in both the House and the From the President’s own words, we already know that the Russia inves- trying to interfere with an investiga- Senate, particularly the Senate Fi- tion. How can anyone trust someone in nance Committee under Chairman tigation was on his mind when he fired Mr. Comey. We now know it may not the President’s chain of command, HATCH, who has been leading our dis- have been the first time the President someone who the President has ap- cussions. For years, the chairman has pointed, after those actions? The only been hard at work with fellow Finance has taken an action to impede an ac- tive investigation of his campaign or way out is a special prosecutor. It is Committee members on both sides of the right thing to do. the aisle on options for tax reform, and associates, if the reports in the New York Times are true. We know the President is willing to I am confident Senator HATCH will con- fire an FBI Director because of this in- tinue to lead the way on these efforts Concerns about our national secu- rity, the rule of law, the independence vestigation, in his own words. It makes in the days and months ahead. all the sense in the world to have a spe- The task before us is certainly a sig- of our Nation’s highest law enforce- ment agencies are mounting in this cial prosecutor who can be fired only nificant one, but I am confident we are for cause to lead the Russia investiga- land. The stated explanations for these up to the challenge because we know tion. That would help protect the in- events from the White House have been how important it is for us to get this tegrity of the investigation by insu- porous, shifting, and all too often con- done, and we know how long overdue lating it from a White House, which at tradictory. this is as well. the very minimum, is overreaching. The country is being tested in un- f Given the circumstances, these re- precedented ways. What is now re- quests are reasonable. They are mod- RESERVATION OF LEADER TIME quired are the facts and impartial in- est. I hope—I really pray—that my The PRESIDING OFFICER. Under vestigations into these very serious friends on the other side of the aisle the previous order, the leadership time matters. The White House should make will see that now is the time to put is reserved. available to the Intelligence Commit- party considerations aside and do what tees the transcripts and any related f is right for our country. I know that summaries of the Oval Office meeting several of my colleagues—Senators CONCLUSION OF MORNING between President Trump and the Rus- from Maine, Tennessee, Arizona—have BUSINESS sian Foreign Minister and Ambassador. expressed concerns. A few have gone The PRESIDING OFFICER. Morning We can then assess exactly what was further and endorsed some of the ac- business is closed. said and understand the consequences tions I have mentioned. It is a good of any intelligence that was shared f first step, but it is not enough. In the with the Russians. past 24 hours, there has been more EXECUTIVE SESSION On the topic of Mr. Comey, if the movement among Republicans in the President has tapes of his conversation House than here in the Senate. The with Mr. Comey, we ought to be able to Senate, by its traditions, should be EXECUTIVE CALENDAR review those tapes as well to see if the leading this effort, not following. More The PRESIDING OFFICER. Under President pressured the FBI Director of my Republican friends should join the previous order, the Senate will pro- to shut down an active investigation. the Senators from Maine, Tennessee, ceed to executive session to resume The Times reported that Mr. Comey and Arizona in speaking out about consideration of the Brand nomination, kept contemporaneous memos of his these events first but, far more impor- which the clerk will report. conversation with the President, and tantly, helping us get to the bottom of The assistant bill clerk read the Mr. Comey has a reputation for accu- them in an impartial, trusted, and re- nomination of Rachel L. Brand, of racy in those memos. Those memos spected way. Iowa, to be Associate Attorney Gen- should also be provided to the congres- To my friends on the other side of eral. sional Intelligence and Judiciary Com- the aisle: America needs you; America

VerDate Sep 11 2014 00:09 May 18, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G17MY6.002 S17MYPT1 SSpencer on DSK7TPTVN1PROD with SENATE May 17, 2017 CONGRESSIONAL RECORD — SENATE S2975 needs you now. America needs you to Children’s Health Insurance Program America, and the congressional district help pressure the Deputy Attorney for healthcare. That is one out of five I represented basically was smaller cit- General to name a special prosecutor people in my State who need these pro- ies—no more than 100,000 population at to compel this White House to turn grams to have basic health insurance the time—with a lot of smaller towns. over the transcripts and tapes to Con- for themselves and their children. I can’t tell you the pride those commu- gress, to demonstrate that the Con- This includes 300,000 Illinois seniors nities take in downstate Illinois in gress the American people elected, and people with disabilities, 650,000 who their hospitals. Some of those hospitals Democrats and Republicans, can come were recently added as part of the Af- are a lifeline—the only source of together to do the right thing when it fordable Care Act. It also includes 1.5 healthcare for miles around. They are matters most. I repeat to all of my col- million children. Half of all the kids in great employers. They bring in medical leagues: History is watching. Illinois are enrolled in Medicaid and specialists who are paid good salaries This is not a casual or usual time. As the CHIP program, which in Illinois is by local standards. great as the desire would be to repeal called ALL Kids. The Illinois Hospital Association is ObamaCare or do tax reform, the very Nationwide, the Medicaid Program dead-set against what the House Re- faith in the institutions of government helps pay for two out of three seniors publicans did in passing their repeal of now are being tested. They have been in their nursing homes. It pays for the Affordable Care Act. They have tested in the past. This is not the first about half of all children born in this told us that Illinois stands to lose up to time in American history they have country. It is the primary payer of all 60,000 healthcare jobs because of that been tested, but in the past, there have mental health and opioid addiction vote in the U.S. House of Representa- been people who rose above party, rose treatment. It provides healthcare to 25 tives. Of course, that means that for above an immediate interest to defend percent of people in rural communities. many of the people who count on these rural hospitals, even inner city hos- the needs of the Republic. Is it going to It pays for special education in nearly pitals in Chicago, those services are happen now? half of all school districts and provides History will judge on whether this critical support for veterans with going to be curtailed and denied. When I sit down with people like Ed Congress and these Senators have been chronic conditions. Curtis, who is the president of Memo- able to do what so many Senators be- What does the House of Representa- tives Affordable Care Act repeal do to rial Medical Center in Springfield and fore us, Democrats and Republicans, speaks for Illinois hospital administra- have done in the past: Put country the programs I have just described? It ends the expansion of Medicaid. It tors across the State—he tells me the above party. Whether we have decided devastating impact it will have when to act as an appropriate check and bal- would eliminate coverage for 650,000 people in the State of Illinois. Think Medicaid coverage is eliminated and ance as the Founders intended or sick people still show up for care. They whether we will let this continue, his- about that. We had seven of our Repub- lican Congressmen vote for a program will be taken care of; their expenses tory will judge us all. Whether we de- will be shifted to other people. That is that will eliminate health insurance cide to act in the way that is appro- the way it used to be before the Afford- under Medicaid for 650,000 people in my priate, history will judge us. Whether, able Care Act, before Medicaid ex- State and cut $840 billion in Federal in this moment of trial, the Senate is panded and gave these individuals in Medicaid funding. Well, if they are able to rise above partisanship and low-income situations basic health in- going to cut this money for Medicaid achieve statesmanship, again, history surance. will judge us. funding, what are they going to do with Why would Republicans in the House I yield the floor. it? The House knew exactly what to do of Representatives want to have such a I suggest the absence of a quorum. with it: They give it back in tax breaks devastating negative impact on Med- The PRESIDING OFFICER. The to the wealthiest people in America. Is icaid? So they can give tax cuts to clerk will call the roll. there justice in that decision? Is it too wealthy people? That, to me, is inex- The assistant bill clerk proceeded to much to ask that those of us who are plicable. call the roll. better off in life pay a little more in The Illinois Hospital Association Mr. SCHUMER. Mr. President, I ask taxes so that those who are struggling speaks across our State for those who unanimous consent that the order for have basic healthcare? I don’t think so, really care about those great institu- the quorum call be rescinded. but those who voted for the Republican tions, but they are not alone in oppos- The PRESIDING OFFICER (Mr. COT- House plan do. The bill cuts healthcare ing this bill. The Illinois Nurses Asso- TON). Without objection, it is so or- for struggling families, women, seniors, ciation opposes it, as do the Illinois pe- dered. and children in order to give a tax diatricians and the Illinois Medical So- Mr. SCHUMER. Mr. President, I ask break to the wealthiest people in ciety. Why does every medical advo- unanimous consent that the time dur- America. cacy group in Illinois oppose this bill, ing the quorum call be charged equally Illinois would lose $40 billion over the this so-called Republican reform of our to both sides. next decade, and 3 million people would healthcare system? Because they know The PRESIDING OFFICER. Without be at risk of losing their care. Abso- it moves in the wrong direction. It objection, it is so ordered. lutely no one believes Illinois is going eliminates healthcare coverage instead Mr. SCHUMER. Mr. President, I sug- to magically come up with $40 billion of expanding it. It makes healthcare gest the absence of a quorum. to fill this Medicaid shortfall. I doubt too expensive and out of reach for peo- The PRESIDING OFFICER. The many other States will be able to ei- ple who are not lucky enough to have clerk will call the roll. ther. With funding cuts this dramatic, it at work and not wealthy enough to The assistant bill clerk proceeded to even Illinois’s Republican Governor buy it on their own. It moves in the call the roll. spoke out against the House action re- wrong direction. It is not a solution to Mr. DURBIN. Mr. President, I ask pealing the Affordable Care Act. He any problem; it is a new and even unanimous consent that the order for said it is going to force us to make sig- worse problem than the ones we faced the quorum call be rescinded. nificant changes in healthcare in Illi- in the past. The PRESIDING OFFICER. Without nois. He would have to decide who gets Remember when Candidate Donald objection, it is so ordered. healthcare and who doesn’t. He would Trump tweeted in May of 2015: ‘‘I was Mr. DURBIN. Mr. President, I ask have to decide whether healthcare the first and only potential GOP can- unanimous consent to speak as in services are just too expensive to didate to state there would be no cuts morning business. cover. to Social Security, Medicare, and Med- The PRESIDING OFFICER. Without Hospitals, too, would be devastated icaid’’? Then he tweeted in July of objection, it is so ordered. by the proposed Medicaid cuts. I was 2015—‘‘The Republicans who want to HEALTHCARE LEGISLATION born and raised in downstate Illinois. cut Social Security and Medicaid are Mr. DURBIN. Mr. President, more It doesn’t look at all like the city of wrong,’’ said Candidate Trump. He was than 3 million Illinoisans—about 20 Chicago. I am proud to represent that right, but now he supports this bill percent of the people in my State—cur- city. I enjoyed being there and being a which dramatically cuts Medicaid cov- rently depend on Medicaid and the part of it. I grew up in smalltown erage across America.

VerDate Sep 11 2014 00:09 May 18, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G17MY6.004 S17MYPT1 SSpencer on DSK7TPTVN1PROD with SENATE S2976 CONGRESSIONAL RECORD — SENATE May 17, 2017 What is going to happen to the elder- Mr. President, before I yield, I ask possible to defend on moral grounds ly in nursing homes who, despite all unanimous consent that the time dur- but also is hard to defend based on na- their Social Security payments and de- ing quorum calls until 12 noon today be tional security grounds as well. spite all of their Medicaid reimburse- charged equally to both sides. Let’s be honest about what is hap- ment, still don’t have enough resources The PRESIDING OFFICER. Without pening here. The Saudis are delib- for the basic care they need to stay objection, it is so ordered. erately trying to create a famine inside alive? When they cut back on that Mr. DURBIN. Mr. President, I sug- Yemen in order to essentially starve Medicaid coverage, what happens to gest the absence of a quorum. the Yemenis to the negotiating table. them? What do their families do to The PRESIDING OFFICER. The Saudi Deputy Crown Prince Muham- make up the difference? Reach into clerk will call the roll. mad bin Salman said: their savings? Bring mom home from The senior assistant legislative clerk Time is on our side. Being patient is in our the nursing home in the hopes that proceeded to call the roll. interest. We have the supplies and we have the logistics and high morale. The enemy they can take care of her in their own Mr. MURPHY. Mr. President, I ask unanimous consent that the order for does not have supplies and funds and is impa- home? Those are choices no family tient. Time is on our side and we will exploit should face and no family need face. the quorum call be rescinded. the time to serve our interests. The PRESIDING OFFICER (Mr. SUL- I hope the Senate will show the cour- What are the Saudis doing to try to LIVAN). Without objection, it is so or- age and leadership on a bipartisan exploit this question of time and sup- dered. basis to say no to this terrible bill that plies? First, they are coming directly passed the U.S. House of Representa- YEMEN after the main port city, which brings tives just 2 weeks ago. We need to put Mr. MURPHY. Mr. President, col- 70 percent of food into Yemen and together a bill that expands the cov- leagues, I am very pleased to be joined about 80 percent of all of the oil. That erage of health insurance, gives people on the floor today by Senator YOUNG. port city is called Hodeidah. more peace of mind; a bill that address- We are both members of the Foreign Senator YOUNG has been very good in es some of the built-in challenges we Relations Committee, and both have an meetings to draw issue with what is be- had with the Affordable Care Act, interest in Middle East security. We lieved to be deliberate targeting by the which is far from perfect. There are have joined together on the floor today Saudis of the cranes and infrastructure things we can do to improve it. to give remarks and perhaps have a in this port which allow for the sup- We need to do something about the short colloquy about a humanitarian plies to come off of boats and move cost of pharmaceutical drugs. The cur- crisis that is unfolding before our eyes into these desperately, desperately rent law doesn’t really affect that. in the Middle East. needy areas of the country. They are out of control at this point. Today, inside the country of Yemen— Second, they are requiring an addi- Secondly, I think we ought to offer a a country that, frankly, not a lot of tional screening process for this hu- public option. There ought to be a our constituents give much thought manitarian aid above and beyond the Medicare-type program available to—every 10 minutes a child under the one the United Nations has put into across the United States for those who age of 5 is dying due to preventable place. The United Nations is vetting wish it. Medicare enjoys a very positive causes. Today, 18 million Yemeni civil- supply ships coming in to Hodeidah to reputation in America for good reason. ians—two thirds of the entire popu- make sure there is really food and aid Most Americans would feel honored lation of this country—cannot survive on these ships, not weapons, and it is and happy to be protected by a Medi- without humanitarian or protection working. But the Saudis are putting an care-type program. support, and 7 million of those are on additional process on top that is adding We also need to go to those premiums what we would call a starvation diet, up to a month from the time the aid that are too high and ask why. In many which means that on a daily basis they gets off the ship and into the country. cases, there are individuals who are don’t know where their next meal is Between that and the military cam- buying health insurance from very nar- coming from. They don’t have enough paign targeting the port and its infra- row pools of people who are older and food to eat in order to remain healthy. structure, this has essentially resulted sicker. We need to expand that pool so Three million have already fled their in an effective blockade being put in it is real insurance, and we can bring homes because of the violence that has and around Hodeidah, such that hu- those premiums down. There are ways been caused by a civil war—that both manitarian support cannot effectively to do that. Senator YOUNG and I will talk about— get into the country. But that is just There are many things we can do inside their country and the humani- the beginning. with reforming the Affordable Care tarian catastrophe that has resulted The Saudi bombing campaign has de- Act, but what the House of Representa- from that civil war. liberately targeted roads and bridges tives did, what some want to do, is just This is one of four current famines throughout the country, many of them repeal it and walk away. It would be that exists in the world today. But I in and around north Yemen. There are devastating to the women in America would argue that this particular hu- reports that the bombers have engaged who rely on Medicaid to pay for their manitarian crisis is in some ways the in something called double tapping, delivery expenses, as well as prenatal most relevant to the discussions we which is where you hit a humani- and postnatal care. It would be dev- will have here in the Senate because tarian—a civilian—asset. You wait astating to seniors who are in nursing the United States is participating in until the workers come to try to ad- homes and are dependent on Medicaid the military campaign that is, in fact, dress that first strike, and then you hit supplements and for those who are dis- causing in part this humanitarian cri- it a second time to take out the civil- abled with chronic conditions and have sis. ians who have responded to the emer- to turn to Medicaid just to make sure The United States is an active partic- gency. This isn’t just my opinion of the they can maintain their lifestyle and ipant with a Saudi-led military cam- situation. Representations have been still be productive, happy, and safe. paign seeking to regain control of made by multiple aid organizations on These are the elements and these are Yemen from a group called the the ground, and, more importantly, by the costs we would have to charge if we Houthis, who overran the capital and U.S. officials who have been embedded are not careful. now control large portions of the coun- with the coalition. Wouldn’t it be great, wouldn’t it be try. This is a quote from Dafna Rand, the terrific, wouldn’t it be a headliner to We, of course, are allies of Saudi Ara- former Deputy Assistant Secretary of say that Democrats and Republicans bia. The President will be visiting State who was in charge of the Saudi came together in the U.S. Senate to Saudi Arabia very soon to solidify that coalition portfolio at State: make the Affordable Care Act better, alliance. But it is time we started ask- In 2015, the U.S. Government offered tech- to make sure there was more acces- ing some really hard questions about nical training on cyber, ballistic missiles, border security, counterterrorism, and mari- sible, affordable, quality coverage for the conduct of the Saudi campaign in- time security, [and] the precision guided mu- more Americans? I think that is why side Yemen and whether we are, in nitions were transferred in 2015 on the hopes we were elected, and I hope we can fact, helping to create a humanitarian that they would enable better and more pre- achieve that goal. catastrophe on the grounds that is im- cise targeting by the coalition of the targets

VerDate Sep 11 2014 00:09 May 18, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G17MY6.006 S17MYPT1 SSpencer on DSK7TPTVN1PROD with SENATE May 17, 2017 CONGRESSIONAL RECORD — SENATE S2977 itself. [But instead,] what we have seen since plies can flow into that country to try United Nations calls the situation in is not an improvement in the targeting, and to address this unfolding famine and Yemen the largest humanitarian crisis the issue itself is the target selection. It is humanitarian catastrophe. We can be in the world. According to their Office not the precision of the target itself, but it allies with the Saudis. We can be mili- for the Coordination of Humanitarian is the choice of targets and adherence to the no-strike list. tary allies with the Saudis. But they Affairs, Yemen has almost 19 million have to understand and their partners people in need of humanitarian or pro- That is a really important state- need to understand that this humani- tection assistance, including approxi- ment, a really important sentence, be- tarian nightmare inside Yemen is both mately 10 million who require imme- cause what is happening is that the immoral—to participate in a campaign diate assistance to save their lives or United States is telling the coalition: that perpetuates that kind of humani- to sustain their lives. What are the civilian targets you tarian crisis—but it also, in the end, This is an urgent matter, which is should stay away from, so the humani- doesn’t benefit the long-term security why I am so glad we have the leader- tarian aid can move into the country? of the United States or our partners in ship of Senator MURPHY on this matter The coalition is deliberately ignoring the coalition. and some of my other colleagues on that advice. It is not a matter of mis- So we come down to the floor today various fronts. This is why I led a 10– takes being made on the ground, to try to explain to our colleagues Member letter to Secretary Tillerson though there have been mistakes. It is what is happening on the ground and to on March 23 calling for a diplomatic also a matter of a no-strike list being see if there is a bipartisan way for us surge to address the political obstacles ignored. to have a policy that brings significant preventing the delivery of humani- I mention that this is not just about relief to the suffering of the Yemeni tarian aid. I note that Senator MURPHY the millions and millions of Yemenis people and strengthens our national se- joined me on that letter, which I per- who are starving today because of this curity in the region. sonally hand-delivered to Secretary civil war. It is also a question of With that, I notice Senator YOUNG is Tillerson. It is also why I raised the whether this is accruing to the U.S. na- going to say a few words, and then I issue with Ambassador Haley in New tional security interests. Again, I am think we will engage in a colloquy. York City. It is why I introduced a res- speaking just for myself on this mat- The PRESIDING OFFICER. The Sen- olution on April 5 calling for the very ter. ator from Indiana. same thing. Senators CARDIN, BOOZ- We are allies of the Saudis, and there Mr. YOUNG. Mr. President, I am MAN, COONS, GARDNER, and RUBIO is no doubt that an Iranian proxy state pleased to join Senator MURPHY to dis- joined that resolution. inside Yemen presents a threat to the cuss the importance of this humani- Throughout this process, rather than Saudi State. There is no doubt that tarian crisis in Yemen. As he so co- just studying the problem, I—working Houthis have been launching attacks gently emphasized, this is, at once, a with my colleagues—have tried to into Saudi Arabia. This is a real secu- humanitarian crisis and also a security focus on tangible steps we can take to rity threat for our allies. But we do crisis in the region and beyond. save lives and address this very trou- have to acknowledge that there are I am a new member of the Senate bling national security situation. For other players that exist inside Yemen Foreign Relations Committee, and I that reason, on April 27, joined by Sen- today. It is not just the Houthis and have to say that I have quickly come ator MURPHY and several other col- those Yemeni forces supported by the to admire Senator MURPHY for his leagues, I sent a letter to the incoming Saudis. There is also al-Qaida—a forceful advocacy of our values of uni- Saudi Ambassador. Noting the impor- branch of al-Qaida we know well be- versal human rights and of American tant security partnership between the cause it has traditionally been the international leadership. So I com- United States and Saudi Arabia and piece of al-Qaida that has the most ad- mend him for his leadership on this Saudi Arabia’s essential role as a re- vanced threats to the U.S. homeland— issue in particular. gional leader and an ally and a partner, and ISIS, which is growing inside I share many of the concerns articu- I asked Riyadh to consider five specific Yemen. They have taken advantage of lated by Senator MURPHY with regard steps related to Yemen that would pre- this civil war to fill in the ungovern- to the situation in Yemen and the vent thousands or even millions of ad- able spaces. Saudi-led coalition there in that coun- ditional people from starving there. Recently, with the help of the UAE, try. Before getting into the specific sit- There is no doubt that the Houthis we have begun to hit back against al- uation in Yemen, however, I think it is and the Iranians bear a very large por- Qaida and ISIS inside Yemen. But for a important to step back and look at the tion of the blame for this whole situa- portion of time, they controlled a size- big picture. tion. I asked our ally Saudi Arabia to able amount of territory and revenue The world currently confronts hu- take these steps because the United inside that country. ISIS is growing as manitarian crises of a magnitude we States has a valuable security relation- well. haven’t seen in many, many years. ship with Saudi Arabia and because we As a group of Yemeni Americans told Parts of Nigeria, Somalia, South can oppose Iran’s activities in Yemen me in my office about a year ago, to Sudan, and Yemen are all in famine or while ending unnecessary delays in the Yemenis the bombing campaign is not prefamine stages. According to the delivery of desperately needed humani- perceived as a Saudi bombing cam- United Nations, 20 million people are tarian assistance. These two goals are paign; it is seen as a U.S. bombing at risk of starvation within the next not mutually exclusive. campaign or, at the very least, a U.S.- few months in these four countries. I didn’t receive a satisfactory re- Saudi bombing campaign. The Director-General of the Inter- sponse, so I subsequently raised these So when responsibility inside Yemen national Committee of the Red Cross issues with the Saudi Foreign Minister is allotted and attributed for this star- appeared before our Senate Foreign Re- in a meeting on Capitol Hill. In that vation campaign, it is placed upon the lations Committee just weeks ago, and meeting, I cited the fact—confirmed United States, as well as on Saudi Ara- he called the crises ‘‘one of the most again by the administration within the bia. We have to think about what that critical humanitarian issues to face last week—that the Saudi-led coalition means, given the fact that there is the mankind since the end of the Second continues to impose significant delays potential for millions of Yemenis to be World War.’’ He warned that ‘‘we are at on the delivery of humanitarian aid to radicalized in a place with very sophis- the brink of a humanitarian mega-cri- the port of Hodeidah on the Red Sea. ticated radical infrastructure. This is a sis unprecedented in recent history.’’ Again, this is important because the real national security concern for the Each of these crises are unique. They port of Hodeidah processes roughly 70 United States. have their unique man-made causes. to 80 percent of Yemen’s food and other I think it is time for us to draw a But in each case, the crises are pre- critical imports. I mentioned to the hard line with this coalition and say ventable. They have been exacerbated Foreign Minister the U.S.-funded that we will not continue to support it by war and restrictions on humani- cranes for the port of Hodeidah that if there is not a real commitment made tarian access. Now, they are com- would dramatically improve the ability to change the way the targeting hap- plicated. The situation in Yemen is to offload humanitarian supplies at pens and to make sure that relief sup- certainly a complicated one. But the that port. I expressed concerns to the

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If the confirmed again this morning—the I might ask him a question. In his Houthis had nowhere to turn, then the Saudi-led coalition continues to be re- list of steps he has asked the Saudis to calculation might be different, but be- sponsible for an average of 16 days of take—I have joined him in that letter, cause the Iranians are there as a sup- additional delays to humanitarian as have many of our colleagues— port system to lean on, a continued shipments into the port of Hodeidah amongst them is a commitment to not military campaign against Hodeidah after vessels are cleared by the United take military action against the port would push them deeper into a corner Nations Verification and Inspection of Hodeidah. and just broaden the scope of the mili- Mechanism for Yemen. Think about it. We both met with the Foreign Min- tary conflict. Your children are starving to death. ister, who talked about the need to use There ultimately has to be a political Perhaps your entire village is starving increased military pressure inside resolution here, and by simply upping to death. And you have a delay of an Yemen backed by U.S. participation in the military ante and continuing the additional 16 days in humanitarian the coalition to try to draw the humanitarian crisis, you get further shipments. Think of the impact that Houthis to the table. We have both ex- away from that political negotiating has on security in the region as des- pressed reservations about the effec- table rather than closer to it. perate people are forced to take des- tiveness of that tactic, and we have Mr. YOUNG. Indeed. The last thing perate measures to associate them- something to say about it because none we want to do is to exacerbate a situa- selves with bad actors in the area. It is of this can occur without U.S. military tion where we already have 10 million certainly troubling to me. support. desperate people on the cusp of starva- Can the Senator talk a little bit For that reason, I have decided to co- tion or passing away on account of a about our joint fears or his personal sponsor Senator MURPHY’s legislation, lack of medical supplies. S.J. Res. 40. Before the United States fears about a major new campaign on We need assistance here, which is can transfer air-to-ground munitions this port that brings in so much of this why it is important for the President to Saudi Arabia, the legislation re- aid and how, in the end, that really to elevate the importance of this issue quires the President of the United doesn’t further the goals of the coali- in his conversation with the Saudis States to make a number of certifi- tion, the United States being amongst during his coming visit, and I believe cations. One of those includes a certifi- the partners? he will do so. I believe he will do so be- cation that Saudi Arabia and its coali- Mr. YOUNG. It is a critical question, cause the international community, tion partners are making demonstrable and it is one I have been asking so NGOs, understand the importance of efforts to facilitate the flow of critical many stakeholders involved in this this. Many at the State Department humanitarian aid and commercial issue. No one has presented to me per- and the U.S. Agency for International goods. I don’t believe the President suasive evidence indicating that a Development have spoken about what a could credibly make that assertion Saudi-led attack on the port would re- serious crisis this is. And we don’t until the Saudis take some of the steps sult in defeat of the Houthis-Saleh want to be shortsighted with respect to I have called for. bloc. No one has presented to me evi- what a bombing of the port could cata- As President Trump prepares his dence that I find compelling that that lyze. visit to Saudi Arabia, I urge him to action would even force the Houthis raise these critical issues with the bloc to the negotiating table. We also need to recognize that there Saudi Government. I urge our Presi- The onus ought to be on those who are other players in the Saudi coalition dent to emphasize that these are hu- might take a military action—which that can be constructive as well. The manitarian and national security would exacerbate the worst humani- Emirates, I would note, have shown a issues that are priorities of the Amer- tarian crisis in the world—to present willingness to be helpful on a couple of ican people. I urge the administration that evidence. I have asked for it. I different fronts. to ask the Saudi Government to take haven’t received it. I had the opportunity to visit with the following concrete actions: First, I think it is just as likely that an at- the Crown Prince yesterday and re- renounce any intention to conduct a tack would push the Houthis, as I al- ceived his assurance that he would military operation against the port of luded to earlier, into further alignment seek to resolve without delay a situa- Hodeidah; second, redouble efforts to with and dependence on the Iranians, tion related to the forward stationing achieve a diplomatic solution; third, with whom they are allied. That is the of inspectors in his country so that end any delays to the delivery of hu- exact opposite of what we are trying to they can pre-inspect cargo before it manitarian aid caused by the Saudi-led accomplish in the region, as the Ira- goes into the port of Hodeidah, and coalition; and fourth, permit the deliv- nians continue to spread their influ- that would expedite the process and ery of much needed U.S. funded cranes ence and their terroristic activities help mitigate a lot of the suffering that to the port of Hodeidah that would per- across the Middle East. So this is not is occurring. Also, I had an opportunity mit the quicker delivery of food and in the interests, as I see it, based on all to discuss with the Crown Prince this medicine. the evidence available, of the United issue of four cranes. U.S. taxpayers I have said it before: With more than States, UAE, or Saudi Arabia, and it paid for these cranes. I mentioned 10 million Yemenis requiring imme- would result in both a humanitarian them in my prepared remarks earlier. diate humanitarian assistance, there is catastrophe and exacerbate the na- And I have heard from the Crown no time to waste. I stand ready to work tional security situation. Prince; he made a commitment there with our Saudi partners to fight Iran’s Mr. MURPHY. I thank Senator as well. So I am grateful for his com- malign influence and to take these spe- YOUNG for making it clear in his pre- mitment, and I look forwarding to fol- cific steps to begin to address the cata- pared remarks that while we are focus- lowing up with the UAE Government strophic humanitarian situation in ing on the Saudis because we are part on this front. They are good allies to Yemen. of this coalition, the Houthis do not the United States. I again thank Senator MURPHY for have clean hands here either. Part of Mr. MURPHY. It goes without saying his leadership and for the opportunity the reason humanitarian supplies have that it is in no one’s interests in the re- to join him on the floor today. I look a hard time getting to places that need gion for this civil war to continue at forward to working together again in them is because there are roadblocks its current pace. So this is an impor- the future. put up by the Houthis as well. And tant moment at the beginning of a new The PRESIDING OFFICER. The Sen- there is this known connection be- administration, with a pending arms ator from Connecticut. tween the Houthis and the Iranians— sale on the table with the Saudis, to

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I don’t know how The PRESIDING OFFICER. Pursuant want a policy that is going to bring an many tens of thousands of lawyers and to rule XXII, the Chair lays before the end to this civil war because, as I said, law students apply, but to be chosen is Senate the pending cloture motion, it is just as important to remember one of the highest honors you can re- which the clerk will state. that the most immediate enemies of ceive as a young lawyer. If I told you The bill clerk read as follows: the United States—those terrorist this person who applied for a job in CLOTURE MOTION groups who want to do harm to us— government used to work at the De- find their most fertile ground today in- partment of Justice as Principal Dep- We, the undersigned Senators, in accord- ance with the provisions of rule XXII of the side Yemen. The sooner we can put an uty Assistant Attorney General in the Standing Rules of the Senate, do hereby end to this civil war and be able to Office of Legal Policy, if I told you she move to bring to a close debate on the nomi- have a central government structure had also worked for one of the most nation of Rachel L. Brand, of Iowa, to be As- that spreads across the scope of the prestigious law firms in the country, sociate Attorney General. country, the quicker we can all be fo- Wilmer, Cutler, Pickering, Hale & Mitch McConnell, John Boozman, Jeff cused on trying to eliminate the ISIS Dorr—I remember them as Wilmer, Flake, Thom Tillis, Richard Burr, Mike and al-Qaida presence—AQAP, as we Cutler, but they have changed their Crapo, John Barrasso, Chuck Grassley, refer to them—in Yemen from that name since then. They have been Mike Rounds, John Kennedy, John Thune, Pat Roberts, James E. Risch, battlespace. around forever. If I told you all of Orrin G. Hatch, Shelley Moore Capito, I say to Senator YOUNG, I don’t know those things, I think any reasonable Lindsey Graham, John Cornyn. if you have closing remarks, but I ap- person would say: Wow, let’s hire her The PRESIDING OFFICER. By unan- preciate your willingness to speak up here immediately. Let’s do it before imous consent, the mandatory quorum and your leadership here, and I hope we she finds another position. Well, that call has been waived. can get others on both sides of the aisle person has applied for a job in govern- The question is, Is it the sense of the to propose and support these common- ment. Her name is Rachel Brand. She Senate that debate on the nomination sense conditions upon this new mili- has been nominated by President of Rachel L. Brand, of Iowa, to be Asso- tary transfer so that we can get the sit- Trump to be Associate Attorney Gen- ciate Attorney General, shall be uation right inside Yemen. eral. brought to a close? Mr. YOUNG. I say to the Senator, let That is a position that is vitally im- The yeas and nays are mandatory me end by reiterating my gratitude to portant within the Department of Jus- under the rule. you, of course, for your exceptional tice. It is responsible for the oversight The clerk will call the roll. leadership, for walking points on this of the Civil Division, the Civil Rights The bill clerk called the roll. issue, and I look forward to our contin- Division, the Office on Violence Mr. CORNYN. The following Senator ued work together. Against Women, and many other im- is necessarily absent: the Senator from I thank all our colleagues who have portant components of the Department North Carolina (Mr. TILLIS). engaged on this matter. And I, of of Justice. I think no matter what po- course, before the U.S. Senate here, litical party you happen to be in or Further, if present and voting, the want to invite others to engage in this. whatever your political persuasion, we Senator from North Carolina (Mr. If they have questions with respect to can all agree that right now it is par- TILLIS) would have voted ‘‘yea’’. this matter, which is critical for our ticularly important not only to have a Mr. DURBIN. I announce that the national security, I know they can Department of Justice that is fully Senator from Hawaii (Ms. HIRONO) is reach out to the Senator or me, and it staffed but to have it fully staffed with necessarily absent. is imperative that we send a respectful extraordinarily qualified people whom The PRESIDING OFFICER. Are there message to the administration that we every American can look at and go: any other Senators in the Chamber de- think this is something that needs to Wow, is she qualified. I am so pleased siring to vote? be addressed in the near term. she is working for the Federal Govern- The yeas and nays resulted—yeas 51, I have nothing else to say. ment and my tax dollars are being well nays 47, as follows: Mr. MURPHY. Mr. President, I sug- spent. [Rollcall Vote No. 130 Ex.] gest the absence of a quorum. Ms. Brand has broad experience, as I YEAS—51 The PRESIDING OFFICER. The indicated, both within the Department Alexander Fischer Murkowski clerk will call the roll. of Justice and in the private sector. As Barrasso Flake Paul The assistant bill clerk proceeded to I indicated—I am going to say it Blunt Gardner Perdue Boozman Graham Portman call the roll. again—she worked for Justice Anthony Burr Grassley Risch Mr. KENNEDY. Mr. President, I ask Kennedy of the U.S. Supreme Court. Capito Hatch Roberts unanimous consent that the order for Wow, what an honor. She has served as Cassidy Heller Rounds the quorum call be rescinded. Cochran Hoeven Rubio Assistant Attorney General under Collins Inhofe Sasse The PRESIDING OFFICER. Without President George Bush. She has been in Corker Isakson Scott objection, it is so ordered. private practice, as I indicated. She has Cornyn Johnson Shelby (The remarks of Mr. KENNEDY per- been chief counsel for Regulatory Liti- Cotton Kennedy Strange taining to the introduction of S. 1150 Crapo Lankford Sullivan gation in the U.S. Chamber of Com- Cruz Lee Thune are printed in today’s RECORD under merce, and I could go on and on and on. Daines McCain Toomey ‘‘Statements on Introduced Bills and I fully support Ms. Brand’s nomina- Enzi McConnell Wicker Joint Resolutions.’’) tion. I sit on the Judiciary Committee, Ernst Moran Young Mr. KENNEDY. Mr. President, if I the committee of the Senate that vet- NAYS—47 came to you today and told you we had ted her. She is highly respected, she is Baldwin Donnelly King received a job application from some- whip smart, she is well qualified, and Bennet Duckworth Klobuchar body to work for the government, and Blumenthal Durbin Leahy she is fully prepared to hit the ground Booker Feinstein Manchin you and I looked at her job application running. That is exactly what we need. Brown Franken Markey and we saw she had graduated from I suggest the absence of a quorum. Cantwell Gillibrand McCaskill Harvard Law School, if we looked at The PRESIDING OFFICER. The Cardin Harris Menendez her job application and we saw she had clerk will call the roll. Carper Hassan Merkley Casey Heinrich Murphy worked for a Presidential campaign, if The assistant bill clerk proceeded to Coons Heitkamp Murray we saw she had practiced law in the call the roll. Cortez Masto Kaine Nelson

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On this their inspiration and help communities Why did the President allegedly ask vote, the yeas are 51, the nays are 47. across the country hire more veterans. Director Comey for his loyalty? The motion is agreed to. I said before that this legislation is On March 4, President Trump The majority whip is recognized. something everyone can agree on, in a tweeted without evidence that ‘‘how AMERICAN LAW ENFORCEMENT HEROES ACT polarized political environment, and low has President Obama gone to tap Mr. CORNYN. Madam President, I that is of course evident by the broad my phones during the very sacred elec- know people outside the beltway think bipartisan support it has received. tion process. This is Nixon/Watergate. nothing ever happens here—and cer- Let me express my gratitude to the Bad (or sick) guy!’’ On March 20, Mr. tainly that nothing ever happens on a senior Senator from Minnesota, Ms. Comey testified he has ‘‘no informa- bipartisan basis—but they would be KLOBUCHAR, as well as the senior Sen- tion’’ to support Mr. Trump’s claim. wrong on both counts. ators from Connecticut and Cali- Why did the President try to distract Last night, the Senate passed a piece fornia—all Democratic colleagues—for the public’s attention by blaming of bipartisan legislation called the being my original cosponsors on the President Obama for the Russia inves- American Law Enforcement Heroes bill. I am also grateful to my Repub- tigation? Act. It is a great example of legislation lican colleagues, including Senator On April 12, in an interview, Mr. everyone can agree on and get behind. CRUZ, as well as the junior Senator Trump said Mr. Comey ‘‘saved Hillary The main goal is to connect vet- from North Carolina and the senior Clinton’’ during the campaign and said erans—those who have served in our Senators from Iowa, Utah, and Nevada, that ‘‘it’s not too late’’ to remove Mr. military and have a passion for public for working with us on this legislation. Comey. Mr. Trump continued: ‘‘But, My friend Congressman WILL HURD service—to opportunities in State and you know, I have confidence in him. on the House side introduced the same local law enforcement. When we think We’ll see what happens, you know, it’s bill there, and I am hopeful it will pass about it, who better than our retiring going to be interesting.’’ military personnel who are accustomed sometime today so we can get this to What changed between Mr. Trump the President’s desk for his signature to wearing one uniform, moving then having confidence in Mr. Comey in without delay. into the civilian law enforcement April and firing him in May? I would also note that the American world wearing another uniform but On May 3, Mr. Comey testified before Law Enforcement Heroes Act is backed continuing their legacy of public serv- the Senate Judiciary Committee and by major law enforcement groups ice. That way, those who have volun- said ‘‘it makes me mildly nauseous to across the country, including the Fra- tarily put themselves in harm’s way to think that we might have had some im- ternal Order of Police, the Major Coun- keep the peace and promote American pact on the election.’’ ty Sheriffs of America, the Major City interests abroad and defend our home- On May 8, former Acting Attorney Chiefs Association, and the Veterans of land can continue the record of public General Sally Yates and former Direc- Foreign Wars. I have been grateful for service at home. tor of National Intelligence James their help along the way toward pas- For veterans, that can mean a re- Clapper both testified before the Judi- sage of this bill. warding job in law enforcement. I look forward to this bill becoming a ciary Committee. Through their training, experience, and law—hopefully, this week, as we con- Ms. Yates testified about the warn- sacrifice, there is no doubt that our tinue to celebrate Police Week hon- ings she gave to White House Counsel veterans are equipped with valuable oring the service of the men and Don McGahn about how National Secu- skills to keep our communities safe. By women in blue who keep our commu- rity Adviser Michael Flynn was com- prioritizing existing Federal funds for nities safe—and making it clear that promised by the Russians and was State and local law enforcement agen- this Congress cares not only about our lying to White House staff and the Vice cies to hire veterans, we can better veterans but also our law enforcement President about his conversations and serve them as they transition into ci- officials as well. interactions with the Russians. vilian life. We know that can be a chal- Madam President, I yield the floor. On May 9, we witnessed a series of lenging transition, but that is exactly The PRESIDING OFFICER. The Sen- three letters, all dated that day. The what the American Law Enforcement ator from Maryland. first letter was from Deputy Attorney Heroes Act that we passed yesterday RUSSIA INVESTIGATION General Rod Rosenstein to Attorney does. Mr. CARDIN. Madam President, just General Jeff Sessions. The Rosenstein For State and local law enforcement last Wednesday, I spoke on the Senate letter concludes that the FBI’s reputa- groups, that means they can attract floor about the extremely suspicious tion and credibility had suffered ‘‘sub- the best qualified men and women who timing of the firing of FBI Director stantial damage’’ due to Mr. Comey’s are eager to serve their country in a James Comey by President Trump. actions during the Clinton email inves- new way. So this is really a win-win. In the past few days, President tigation. Notably, Rosenstein’s memo Fortunately, this legislation builds Trump’s actions, statements, and does not explicitly recommend Mr. on the good work already underway in changing of his story on the Comey fir- Comey’s removal. That same day, At- places like my home State of Texas. ing has only strengthened the case for torney General Sessions, who has Over the last several months, I have the appointment of a special counsel to recused himself from the Russia-Trump had a chance to visit cities and coun- investigate ties and collusion between campaign investigation, sent the ties all over the State that are actively the Trump campaign and the Russian Rosenstein letter to the White House, recruiting veterans to serve as police Government in the 2016 Presidential along with his own letter, concluding officers or sheriffs. That includes law election. Congress should also establish that ‘‘a fresh start is needed at the enforcement leaders from San Antonio an independent commission to get to leadership of the FBI.’’ Again, on the to Houston, to Fort Worth. As my col- the bottom of the Russian interference same day that Mr. Trump fired Direc- leagues may recall, following the ter- in our election. In addition, there needs tor Comey, the Trump letter includes a rible killing of five police officers and to be an independent investigation into curious aside: ‘‘I greatly appreciate shooting of seven more in Dallas, Po- whether Mr. Trump abused power and you informing me, on three separate lice Chief David Brown made an appeal played a role in obstruction of justice occasions, that I am not under inves- for people who were protesting or oth- in terms of the ongoing criminal inves- tigation.’’ Did Director Comey really erwise concerned about the law en- tigation at the Department of Justice. give those assurances to President forcement agencies involved to sign up Let me start by going back to the be- Trump when the criminal and counter- and join them—to be a part of the solu- ginning of the Trump administration. intelligence investigations into the

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That been acknowledged not just by the in- White House Press Secretary Sean can be done simultaneously with the telligence community over and over Spicer and we heard from the Vice work being done by the Senate Intel- again, but their ability to try to com- President of the United States that the ligence Committee, which is important promise our system is now much better reason for the firing of Mr. Comey was work for us to do, but we also need to understood—we need to have that inde- the recommendation of the Depart- have an independent commission in pendent commission devoted to giving ment of Justice. That is what they said order to determine exactly what Russia us the recommendations to keep Amer- it was, only to find the next day Presi- was doing so we can take the necessary ica safe. dent Trump saying: steps to prevent this from occurring in I urge my colleagues to exercise that In fact, when I decided to just do it, I said the future. independent function and to set up an to myself, I said ‘‘You know, this Russian There are a lot of unanswered ques- independent commission. thing with Trump and Russia is a made-up tions. People say: Well, how can you Madam President, I suggest the ab- story, it’s an excuse by the Democrats for call for action if you don’t know all the sence of a quorum. having lost an election that they should facts? I am calling for us to know all The PRESIDING OFFICER. The have won.’’ the facts. I am calling for us to under- clerk will call the roll. Then he talked about Mr. Comey and stand exactly why on one day the The senior assistant legislative clerk said he had decided to fire him. So it White House sends out one story that proceeded to call the roll. was not the memos; it was what Mr. the Department of Justice rec- Mr. DONNELLY. Mr. President, I ask Trump had decided. So there is a lot of ommended the firing of Mr. Comey, and unanimous consent that the order for misinformation being sent out, which then on the next day the President the quorum call be rescinded. raises a lot of questions. said: No, I decided that before I met The PRESIDING OFFICER (Mr. Over the weekend, former Director of with the Attorney General and the CRUZ). Without objection, it is so or- National Intelligence James Clapper Deputy Attorney General. dered. We need to understand why there was stated: NATIONAL POLICE WEEK a conversation in which Mr. Comey has I think in many ways our institutions are Mr. DONNELLY. Mr. President, I rise under assault both externally—and that’s notes that indicate Mr. Trump wanted today to honor our law enforcement of- the big news here is the Russian interference him to go easy in an investigation. ficers during National Police Week and That is a pretty serious charge. We in our election system—and I think as well to talk about the importance of sup- need to understand this information. our institutions are under assault internally. porting law enforcement, including That is why it is impossible for the De- So we have the former Director of their mental health. National Intelligence, Mr. Clapper, partment of Justice to do an inde- During National Police Week, we rec- pendent investigation. It will always be saying we have some problems inter- ognize and remember the sacrifices of suspect as to whether that investiga- nally. the law enforcement officers we lost in tion of the President of the United The only way we are going to get to the line of duty in 2016. Every day and States or the White House will have the bottom of this, the only way we are through every night in communities impact as to how that investigation is going to find out what this loyalty across Indiana and our country, law en- being done because there is already oath is all about or how Mr. Trump forcement officers are patrolling our evidence that they tried to do that pre- came to the conclusion to fire Mr. streets, arriving at the scenes of chal- Comey or, more recently, where we viously in this investigation. The law is clear; the law is clear as lenging and often traumatic incidents, hear Mr. Comey has memos of a meet- to how special prosecutors and counsel and even putting themselves in harm’s ing in which the President asked him are appointed where conflicts exist. way as they do their best to keep our to go easy on an investigation, which The Department of Justice has this au- families safe. They help ensure that could rise to obstruction of justice— thority. We know that Attorney Gen- our children can be safe at the neigh- the only way we are going to get to the eral Sessions has recused himself from borhood playground and our seniors bottom of all this is by having an inde- the Russia investigation. Deputy At- can sit peacefully on their front porch. pendent special counsel prosecutor ap- torney General Rosenstein now has the They help keep drugs off our streets, pointed by the Department of Justice. authority to make that decision. He they are called to the scenes of opioid That is what needs to be done. The should clearly make that decision, not and heroin overdoses, and they help facts need to go where they take us, because it is the right thing to do— stem the violence and crime that has but we also have to have an investiga- which it is, which it is—and we have plagued many of our communities for tion that has the credibility that it the obligation to make sure the Amer- far too long. will not be interfered with by the ican people get all the facts as to what Our law enforcement officers put on President of the United States. The happened here, but it is also the rep- the uniform every day. They head out only way to do that is by having spe- utation of the Department of Justice the door to serve us, while their family cial counsel appointed by the Depart- that is at stake. members say a prayer hoping they ment of Justice. It is the only way to I urge my colleagues to continue. I come back safely into their family’s restore the reputation of the Depart- know we will have a chance tomorrow loving arms at the end of their shift. ment of Justice. in our meeting with Mr. Rosenstein, Sadly, sometimes they do not. I might say that we also need to un- but I would urge us to listen to what In my home State of Indiana, our law derstand exactly what Russia was the American people are saying and enforcement lost one of their own last doing here in the United States. There recognize that we are an independent year when the Howard County sheriff’s are so many examples of Russia being branch of government, and one of our deputy, Carl Koontz, was shot and aggressive in our campaign. We know principal responsibilities is oversight— killed during a raid in Russiaville, IN, they wanted to discredit the American and oversight of the executive branch last March. campaign. We know they took sides in of government. I urge us to carry out Deputy Koontz was only 27 years old, favor of Mr. Trump over Mrs. Clinton. that responsibility by collectively—it in the prime of his life, and had dedi- We know they hacked information. We shouldn’t be partisan—collectively cated himself to serving and protecting know they used misinformation. We telling the Department of Justice: Get the communities he loved. He left be- know they used cyber and social media all the facts, do it in an independent hind his wife Kassie and their young in order to further their advancements. way, appoint an independent pros- son Noah. We also know they met with represent- ecutor, let the facts lead us where they Deputy Koontz’s loss was felt not atives of the Trump campaign. The are going to lead us, and let’s not pre- just in Kokomo, not just in Howard American people have a right to under- judge. But this is a serious, serious County, but in cities and towns across stand exactly what those contacts were matter. our State. He represented the very best all about. That is why I filed the reso- In order to protect ourselves from an our State has to offer. He was smart, lution, which is supported by many of aggressive enemy—and that is Russia, talented, and service driven, working

VerDate Sep 11 2014 00:42 May 18, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G17MY6.017 S17MYPT1 SSpencer on DSK7TPTVN1PROD with SENATE S2982 CONGRESSIONAL RECORD — SENATE May 17, 2017 to make his community a better place ment. It authorizes grants to initiate As administrators, we have to train our su- to live. peer mentoring programs in law en- pervisors how to recognize signs of PTSD in Mr. President, I know your State was forcement agencies. We are already our staff. We must administer standard offi- cer wellness programs. stricken this past year, as well, with seeing the success of these programs As administrators and public safety, we the loss of the same kind of extraor- where the IMPD, the Indianapolis Met- must lead from the front, and let our staff dinary individuals who went and served ropolitan Police Department, is uti- know that it is okay to struggle with issues. every day. That is at the core of what lizing peer mentoring for officer men- That we are only human. law enforcement officers strive for and tal health. Our emotional mental health heals just why it is so devastating when they are During my time in the Senate, our like a physical injury. With the proper treat- ment, and with time. lost in the line of duty. main legislative focus has been to im- We must provide the funding and resources While we pay our respects to those prove the availability of mental to go beyond the critical stress debriefing. we lost, it is our solemn duty to sup- healthcare services for servicemembers We must do this for our officers. port those who serve our communities and their families. We have made great Both Chief Roach’s and Sheriff today. As law enforcement officers go progress in recent years. I am proud Nielsen’s comments show us the impor- through their work, they are some- that my bipartisan Jacob Sexton Mili- tance of ending the stigma attached to times confronted with challenging or tary Suicide Prevention Act is now mental health issues. We can’t be even horrific situations. law. afraid of talking about mental health Recently, I joined with my friend and As of this September, every service- and the ways we support our law en- colleague from Indiana, Senator TODD member—Active, Reserve, or Guard—is forcement officers as they work YOUNG, to introduce the bipartisan required to have an annual mental through these challenges. Law Enforcement Mental Health and health assessment. The Law Enforce- Lebanon police officer Taylor Wellness Act. It provides tools for law ment Mental Health and Wellness Act Nielsen, who followed in the tradition enforcement agencies to help support builds upon the work our military has of her dad, Sheriff Mike Nielsen—an the mental health and wellness of our been doing to combat suicide and men- extraordinary family, serving our brave men and women. tal health challenges. State with their lives every day—was We were thankful to have the support It requires the Department of De- courageous enough to share her mental from Senators BLUNT, COONS, CORNYN, fense, the VA, and the Department of health struggles following a particu- and FEINSTEIN when we introduced the Justice to consult on military mental larly tough assignment. legislation. I am honored that Senators health practices that can be adopted by She recounted the questions that she BLUMENTHAL, BOOKER, BROWN, CRUZ, law enforcement agencies. Building on was dealing with: HATCH, KLOBUCHAR, CORTEZ MASTO, the Sexton Act that requires annual Why am I alone? Why isn’t anybody else DURBIN, and TESTER have added their mental health assessments for service- having these issues? Why can’t I get this out support in the days since. members, the Law Enforcement Mental of my head? What is wrong with me? These I say to the Presiding Officer, thank Health and Wellness Act examines if were the questions that repeatedly ran you for your support of our legislation. having annual mental health checks through my head on a daily basis last year. I am very pleased to say that our bill for law enforcement officers would help Questions that made me believe that there was something fundamentally wrong with passed the Senate unanimously late save lives. me. yesterday, and it is a major step for- When Senator YOUNG and I an- She continued: ward. I am hopeful that our friends in nounced this legislation last month, we the House of Representatives, where a had the honor of being joined by a For those of you who feel you are fighting alone, know that there is relief out there. companion piece was introduced by number of law enforcement profes- Please don’t be afraid to seek out those re- Congresswoman SUSAN BROOKS and sionals, including the Indianapolis sources. The battle will be hard, but it can Congresswoman VAL DEMINGS of Flor- chief of police, Bryan Roach. Chief be won. ida, who served as the first female chief Roach shared some of his experiences. Thanks to her strong will and the of police in Orlando before coming to He said: help of a trained therapist, Taylor was Congress—I am hopeful Congress- When I am came on, officers were taught able to handle her mental health chal- woman BROOKS and Congresswoman to be in control of their emotions. lenges. As she said, though, we have to We still teach the IMPD to be in control of DEMINGS can shepherd this bill through work together as a team to beat these that Chamber. their emotions. But if you think about the day in, day out routine of the things they issues. This legislation is also supported by participate in, and the things that they see, We will take time over Police Week a number of law enforcement organiza- and they are confronted with on a day to day to reflect on the law enforcement pro- tions, including the Indianapolis Met- basis, it is difficult sometimes to control fessionals we lost last year. As we do ropolitan Police Department, the Fra- those emotions, but they do a very good job that, it is important that we take com- ternal Order of Police, the National As- of it. monsense steps to support our law en- sociation of Police Organizations, the The problem is they take those things forcement officers. Major County Sheriffs of America, and home. The things we’re talking about are We took a major step forward with not just PTSD, but depression and anxiety. more. yesterday’s passage of the Law En- I am proud that this is a bipartisan As the chief stated, law enforcement forcement Mental Health and Wellness effort, as evidenced by the Members officers—like the rest of us—don’t just Act in the Senate. I see my colleague turn themselves off when they go supporting this legislation. It is time TODD YOUNG, who was my teammate on to get this to the President’s desk to be home. The experiences they have every that, in the Chamber as well. I am signed into law as soon as possible. day impact them and their family and hopeful it will be enacted soon so we The Law Enforcement Mental Health their friends. can bring more tools to law enforce- Sheriff Mike Nielsen of Boone Coun- and Wellness Act is about providing re- ment agencies across Indiana and our ty—located in Central Indiana, right sources to law enforcement agencies country. Congresswoman BROOKS and near Indianapolis—was also on hand that want to better protect their offi- Congresswoman DEMINGS are working that day with us to share his perspec- cers’ mental health, as well as the pro- on it right now. viders who strive to serve that unique tive. He said: After the service and sacrifices law population. It would direct the Depart- I have seen things that cannot be unseen. enforcement officers make every day, ments of Justice and Health and The brave men and women of police, fire, EMS, are all public safety officers who put they have earned the resources we Human Services to develop resources their lives on the line each and every day. have, so that we can provide the very for mental health providers to educate They endure more than anybody can imag- best to the very best. them about law enforcement culture ine, and they must deal with the stresses of Thanks again to Senator YOUNG for and evidenced-based therapies for men- life both on the job and at home. working with me on this effort, to the tal health issues common to law en- Sometimes it is really, really tough. police and sheriffs in Indiana who have forcement. It would require the Depart- Sheriff Nielsen continued: lent their support, to law enforcement ment of Justice to study the effective- We must all work hard to stop the stigma officers protecting Hoosiers as we ness of crisis hotlines for law enforce- with mental health issues. stand here at this moment.

VerDate Sep 11 2014 03:42 May 18, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G17MY6.018 S17MYPT1 SSpencer on DSK7TPTVN1PROD with SENATE May 17, 2017 CONGRESSIONAL RECORD — SENATE S2983 May God bless all of these officers, forward to continuing our work to- But it looks like this nomination and may God bless the family of Dep- gether on behalf of all Hoosiers in the somehow has become controversial. I uty Carl Koontz. May God bless Indi- future. don’t understand. Ms. Brand has a ana, and may God bless America. In fact, this legislation drew upon ef- broad range of legal experience that Mr. President, I yield back. forts undertaken by Hoosiers at the In- happens to be a broad range in both the The PRESIDING OFFICER. The Sen- dianapolis Metropolitan Police Depart- government and the private sector. ator from Indiana. ment. In 2010, Indiana’s IMPD recog- With her previous positions in the Mr. YOUNG. Mr. President, I rise to nized the need to address law enforce- White House, the Office of Legal Coun- join the senior Senator from Indiana in ment mental health and wellness by sel, and the Privacy and Civil Liberties voicing my strong support for the Law creating the Office of Professional De- Oversight Board, she has experience Enforcement Mental Health and velopment and Police Wellness. The that touches almost every part of the Wellness Act of 2017. During Police IMPD captain, Brian Nanavaty, led the Federal Government. As the Assistant Week, I wish to take a minute to thank effort to establish the office and has re- Attorney General for the Office of all of our men and women in blue who cently promoted its motto: ‘‘Healthy Legal Policy, she was a member of the stand on the frontlines to protect our Hire—Healthy Retire: Wellness is more senior management team of the De- communities. than just an annual physical.’’ In 2015, partment of Justice, working with I have four young children. Since Captain Nanavaty and the office re- components and law enforcement agen- they could barely talk, my wife and I ceived national recognition, being cies throughout the entire Justice De- taught them that if they need help, awarded the National Law Enforce- partment. Similarly, at the Privacy they should dial 911, and the police ment Officers Memorial Fund’s Annual and Civil Liberties Oversight Board, would respond. Officer Wellness Award. IMPD’s inno- Ms. Brand worked with diverse agen- Every day our law enforcement com- vation and forward thinking have in- cies to ensure that privacy and civil munities around the country live their spired police departments across the liberties are taken into account while lives to answer these calls and to help United States to follow their footsteps carrying out the important mission of our fellow citizens. Sometimes the job and undertake similar efforts to ad- protecting the Nation from terrorism. is as simple as reuniting a child with dress law enforcement mental health During Ms. Brand’s tenure in the pri- their parent at the park or at a store, and wellness. But this is just the begin- vate sector, she gained extensive liti- but other times they see horrific scenes ning of these efforts. gation management experience that that no one should have to experience Senator DONNELLY and I are proud will serve her very well as she oversees in their lifetimes or they experience that the Law Enforcement Mental the Department’s civil litigation com- traumatic stress in the performance of Health and Wellness Act has passed the ponents. their jobs. Senate and is one step closer to being She has seemingly become a little Ultimately, police officers see the signed into law, contributing to the ef- more controversial. Many of my col- best and the worst of humanity, which forts of the IMPD. leagues on the other side of the aisle can take a heavy emotional toll, but As I close, I want to recognize the have said they aren’t supporting her who is there to answer the call for help leadership of a fellow Hoosier, U.S. nomination because of the work she did when they need it after experiencing Representative SUSAN BROOKS, and her with the U.S. Chamber of Commerce. such trauma on a regular basis? colleagues in the U.S. House who intro- Those views are utterly ridiculous. So I A couple of weeks ago, Senator DON- duced this legislation. This bill has re- will take a minute to address these NELLY and I introduced the Law En- ceived bipartisan, bicameral support in concerns. forcement Mental Health and Wellness Congress, widespread support from sev- First, when she worked at the Cham- Act. This legislation is for those who eral law enforcement organizations, ber, all of her advocacy was done to answer that call. This bill works with and, frankly, support across the coun- represent the views of her client, the the relevant Federal agencies, mental try from rank-and-file Americans who U.S. Chamber. Everybody expects that health providers, and broader law en- understand that this is a problem we if you hire a lawyer, they are going to forcement communities to offer oppor- have an obligation to address. We are represent your views. We all know that tunities for care. all with you. Now we call upon all of we can’t assume an attorney person- When our police force is healthy, our colleagues in the House to act on ally believes in what they are advo- when it is strong, our communities are this important legislation and send it cating for on behalf of their client, just healthy and strong as well. That is why to the President’s desk for his signa- ask criminal defense attorneys. it is vital that we provide our Nation’s ture. Furthermore, she was not involved in law enforcement with the resources Let me finish with these words of any policy or lobbying apparatus of the they need as they put their health and heartfelt gratitude: Thank you to our Chamber. Her role there was to bring their lives on the line in order to pro- law enforcement community for always lawsuits challenging rules that the tect our communities day in and day answering the call. U.S. Chamber believed were unlawful. out. Mr. President, I suggest the absence At the same time, besides just arguing This includes supporting law enforce- of a quorum. those lawsuits, she had to file a lot of ment agencies’ efforts to protect and The PRESIDING OFFICER. The amicus briefs providing the courts with strengthen the mental health and clerk will call the roll. the views of the business community. wellness of their respective law en- The senior assistant legislative clerk During her time at the Chamber, she forcement officers. I am confident that proceeded to call the roll. challenged a handful of the thousands this bill will have a positive impact on Mr. GRASSLEY. Mr. President, I ask of regulations promulgated by Federal the mental health and wellness of law unanimous consent that the order for agencies. The arguments Ms. Brand enforcement officers across the coun- the quorum call be rescinded. made in those lawsuits or amicus briefs try. The PRESIDING OFFICER. Without were generally that the agency had I look forward to the findings of objection, it is so ordered. acted beyond the scope of the author- DOJ’s collaborative reports, the effi- Mr. GRASSLEY. Mr. President, I am ity Congress had granted that par- cacy of the peer mentoring pilot pro- pleased that the Senate is considering ticular agency or had failed to follow grams, and the results of the Depart- Rachel Brand to be Associate Attorney the reasoned decisionmaking processes ment’s study into the creation of a cri- General. Ms. Brand is a native Iowan, required by the Administrative Proce- sis hotline for law enforcement offi- and I am proud to be supporting her dure Act of 1946. In many of those cers. nomination here today. She has had a cases, the courts agreed with the With that said, I thank Indiana’s sen- distinguished legal career. In fact, she Chamber that the government had ior Senator for his hard work in draft- was appointed to Senate-confirmed po- acted unlawfully. ing this legislation and allowing for my sitions by both President Bush and To summarize her work during that input and those of my colleagues. It President Obama, and both times, she time at the Chamber, Ms. Brand argued has been my pleasure to work with was confirmed by a voice vote in the that government agencies went beyond Senator DONNELLY on this, and I look Senate. the authority Congress had given

VerDate Sep 11 2014 00:42 May 18, 2017 Jkt 069060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G17MY6.019 S17MYPT1 SSpencer on DSK7TPTVN1PROD with SENATE S2984 CONGRESSIONAL RECORD — SENATE May 17, 2017 them. She also argued that these agen- Here is a prime example. One farm- up premiums, driving away customers, cies weren’t acting under the scope of er’s insurance premium went through and driving up the tab to the tax-pay- the congressional authority granted to the roof. It jumped 43 percent in 2017 ing public. I spoke 2 days ago about the the agency, and she argued that con- from 2016. If somebody can explain how impact of Obamacare in Iowa. Next gressional authority had to be re- that is more affordable, I have an year it is possible that 94 of our 99 spected. It seems to me that it is up to oceanfront property in my home coun- counties will not have insurance plans Congress to give these agencies more ty of Butler County, IA, to sell you. on the Obamacare exchange. authority if we think they need it. But Now, we have a chart here about an- So even if you benefit from the sub- it is not a good reason to vote against other Iowan. This constituent from sidy of ObamaCare, you are not going Ms. Brand’s nomination because she ar- Garner, IA, wrote about her financial to have an insurance company to go to. gued a very commonsense and con- hardships. She said: All of this because ObamaCare has stitutional position that Federal agen- We are going to be paying over $1,300 a overregulated, overtaxed, and oversold cies need to follow the laws of Con- month on premiums, plus a $6,000 deductible. its promises to the American people. gress. We don’t have that much longer before we ObamaCare has not healed what ails Finally, some Senators have main- qualify for Medicare, but my concern is that the U.S. healthcare system. It is time tained that they are concerned about until then, we will have to use so much of to move forward. her views on the Voting Rights Act. our hard-earned savings just to pay for I urge my colleagues to drop the par- She responded very well to that. Dur- healthcare. My fear is that those of us in the middle class will struggle with paying so tisan charade and join us for the good ing her hearing, Ms. Brand told the of the American people. I will continue committee that she shares concerns for much that it will wipe out our retirement savings accounts. coming to the floor to share how anyone who would violate the Voting ObamaCare is not working for Iowans, Rights Act and would suppress votes in Another constituent nearby Garner, in Buffalo, IA, wrote to me saying: but in the meantime, the Senate will the process of violating that act, and continue working to rescue our I am forced to pay $230 a month for a she believes ‘‘enforcement of that stat- healthcare system that is sinking ute to be a core enforcement function healthcare plan that covers nothing until I reach $11,000 in deductible. So on top of pay- under this broken law. of the civil rights division.’’ I don’t I yield the floor. know about my fellow colleagues, but I ing 100 percent of my medical bills anyway, now I have to pay for insurance I can’t use. I suggest the absence of a quorum. take her at her word that she strongly So the question is, How did we get to The PRESIDING OFFICER. The believes in voting rights. clerk will call the roll. It is more than a little puzzling, this point? Seven years ago, I stood The legislative clerk proceeded to then, that when Republicans opposed a right here on the Senate floor and pre- dicted what would happen to the cost call the roll. woman for a government position, we Mr. THUNE. Mr. President, I ask heard from the other side. The Demo- of insurance if ObamaCare passed. unanimous consent that the order for crats would always bring up gender Let’s take a walk down memory lane for a moment. Here is what I said Octo- the quorum call be rescinded. politics. But when they oppose a The PRESIDING OFFICER. Without woman for a position, that is somehow ber 2009: objection, it is so ordered. OK. I don’t see how they can expect to And while some of the supporters of these (The remarks of Mr. THUNE per- have it both ways. partisan bills may not want to tell their con- taining to the introduction of S. 1144 I believe Ms. Brand will be a superb stituents, we all know that as national are printed in today’s RECORD under Associate Attorney General—the first spending on healthcare increases, American female in this role, I might add—and families will bear the burden in the form of ‘‘Statements on Introduced Bills and that she will serve the office with very higher premiums. So, let me be very clear. Joint Resolutions.’’) As a result of the current pending healthcare Mr. THUNE. I yield the floor. great distinction. I urge my colleagues proposals, most Americans will pay higher The PRESIDING OFFICER. The Sen- to join me in supporting her nomina- premiums for health insurance. ator from Connecticut. tion. Mr. President, I ask unanimous con- Now, I am not Nostradamus. I don’t Mr. BLUMENTHAL. Mr. President, sent for 5 or 6 minutes to speak on an- have a magic crystal ball, but it was the Senate has under consideration the other subject as in morning business. easy to read the writing on the wall. I nomination of Rachel Brand to be As- The PRESIDING OFFICER. Without knew that layers of new taxes and, sociate Attorney General of the United objection, it is so ordered. more importantly, burdensome new States, one of the very top positions in HEALTHCARE LEGISLATION mandates in ObamaCare would lead us the Department of Justice and in law Mr. GRASSLEY. Mr. President, I to where we find ourselves today: a enforcement. It is a position of con- come to the floor to share real stories broken healthcare system that is not summate trust and responsibility, re- of real hardships from hard-working better off than it was 7 years ago. For quiring full public confidence. I will op- families in my home State of Iowa. millions of Americans, it is much pose this nomination, and I will oppose Seven years ago, Americans were worse. all nominations for the Department of promised that the Affordable Care Act So where do we go from here? After 7 Justice until public trust and con- would make health insurance cheaper years of rapidly rising premiums, soar- fidence in the rule of law is restored and healthcare more accessible. Well, I ing deductibles, and climbing copays, and sustained by appointment of an won’t pretend to break any news here; Republicans are committed to fixing independent special prosecutor to in- the facts speak very much for them- the damage caused by the Affordable vestigate Russian interference in our selves. ObamaCare is not living up to Care Act. Instead of joining us in an ef- last election and potential links to the its promises. When passing the law, the fort to fix what is broken, the other Trump campaign and Trump associ- other side made promises that they side is doing their best to scare the liv- ates. knew wouldn’t be kept. ing daylights out of Americans. I opposed Rod Rosenstein’s nomina- The irony here is that, at the end of From the way they tell it, the House tion. In fact, I was the only member of the day, the so-called Affordable Care bill is ‘‘deadly.’’ What is truly fatal is the Judiciary Committee to vote Act is anything but affordable. Let’s the death spiral the ObamaCare mar- against it and one of six on the floor to look at the word ‘‘affordable’’ in the ketplace is in. Not only is it oppose it for exactly the same reason. Webster dictionary. It says ‘‘having a unaffordable for too many people, it is I stated to him publicly and privately cost that is not too high.’’ I have heard simply unsustainable. ObamaCare is that the only way to preserve his own from many Iowans who tell me in no unable to fulfill its promises to the reputation—well established over many uncertain terms that they cannot af- American people. Here is what every years—and the trust and confidence in ford to buy health insurance because lawmaker in Congress ought to agree the Department of Justice was to ap- ObamaCare is unaffordable. Ever since on: Insurance is not worth having if pa- point an independent prosecutor. So ObamaCare was enacted, I have re- tients cannot afford to use it. far, regrettably, he has failed to do so. ceived letters and calls and emails The facts are very clear. A one-size- That question will be the first of my from Iowans who are frustrated about fits-all, government-run plan is driving priorities when the full Senate meets the soaring costs of their health plans. insurers out of the exchanges, driving with him tomorrow. We will demand to

VerDate Sep 11 2014 00:42 May 18, 2017 Jkt 069060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G17MY6.020 S17MYPT1 SSpencer on DSK7TPTVN1PROD with SENATE May 17, 2017 CONGRESSIONAL RECORD — SENATE S2985 know from him what the timeline was Donald Trump colluded with Russian dent’s mind when he decided to fire the for the firing of Director Comey, who interference in the 2016 election or sim- FBI Director. In at least two conversa- said what to whom, why his memo- ply benefitted from Russia’s criminal tions, the President asked the FBI Di- randum was written, and whether he aggression. The Watergate scandal rector about this investigation and the will now commit, after these most re- gave rise to the saying that ‘‘the cover- related investigation into former Na- cent startling revelations just yester- up is worse than the crime.’’ In this in- tional Security Advisor Michael Flynn. day that the President of the United stance, what we know is that the Rus- Late last night the Times revealed States suggested—indeed, explicitly de- sian interference was aimed at a whole- the details of one such conversation. It manded—that Director Comey stop his sale theft of our democracy, far more occurred in the Oval Office the day investigation involving potential ties serious than the Watergate break-in. after Flynn resigned. The account writ- of Michael Flynn to Russian inter- What we do know about Nixon—and ten by Director Comey, which seems to ference in our election. these facts became the basis for the meet fully the test of credibility, is ab- Chilling facts raised in the last sev- first article of impeachment—is that solutely chilling. ‘‘I hope you can see eral days now raise serious questions he attempted to indirectly interfere your way clear to letting this go, to about obstruction of justice by the with an FBI investigation into that letting Flynn go,’’ Mr. Trump told Mr. President of the United States. So we break-in. Put very simply, while Nixon Comey, according to the memo re- consider this nomination at a truly un- may not have directly threatened to ported in The New York Times. ‘‘He is usual, very likely unique and unprece- fire the FBI Director if that Director a good guy. I hope you can let this go.’’ dented time in our country. continued to investigate Nixon associ- When the FBI Director continued to The revelation last evening that ates, he made clear that his preference pursue the investigation, President President Trump asked the FBI Direc- as head of the executive branch was Trump fired him. tor to shut down the Federal investiga- that any such investigation should We are witnessing this obstruction of tion into his then-National Security cease. justice in realtime, and these revela- Advisor, Michael Flynn, is evidence of ‘‘History doesn’t repeat, but it tions are shaking our country’s faith in severe political interference and pos- rhymes.’’ That is a saying that has pro- the independence of our Nation’s high- sibly criminal wrongdoing in an ongo- found truth here. We now have credible est ranking law enforcement agency, ing criminal investigation. The evi- reports that President Trump at- our rule of law, and our national secu- dence of obstruction continues to tempted to do directly what President rity. It is a theft of our democracy—lit- mount. We are witnessing an obstruc- Nixon sought to do indirectly. He erally, a threat to our national secu- tion of justice case unfolding before stopped a lawful, ongoing criminal in- rity—from Russian meddling in the our eyes in real time. Revelation after vestigation. Nixon ordered his staff to election, potential Trump ties, and revelation continues to shake this work through the CIA to pressure the links to that interference in our de- country’s confidence in our govern- FBI to drop the Watergate investiga- mocracy—the core, foundational exer- ment and in this administration’s com- tion. President Trump simply sum- cise of our democracy being voting— petence. The need for an independent moned Director Comey into the Oval and then waiting for 21⁄2 weeks when special prosecutor has never been so Office, according to reports that cer- then-Deputy Attorney General Sally clear and convincing and so unques- tainly need to be verified, and ordered Yates warned that Michael Flynn was tionably necessary. everyone else to leave the room, sug- vulnerable to blackmail as National I call on my Republican colleagues gesting then that the Director drop his Security Adviser—blackmail from the now to rise to this challenge, to shine investigation. He did so just 2 weeks Russians. She was fired only days in the light of history, and to commit after having told Director Comey that later. that an independent special prosecutor he might not have a place in the When the investigation into that will be appointed to uncover the truth Trump administration and making Russian meddling and Trump’s ties to and hold accountable anyone who has clear that Director Comey’s loyalty to it continued, Director Comey was sum- committed wrongdoing. him might well determine whether moned to be told that the investigation Because so far we have no such spe- Comey would keep his job. When Direc- should be shut down, and he was fired cial prosecutor, I will oppose this nom- tor Comey rejected Trump’s sugges- when he refused to do so. Very likely, ination. But I also have disagreements tion, in effect, he was fired. That is the part of that decision related to the re- with Rachel Brand. I respect her record line of facts established by this mount- quest for additional resources that Di- of public service. I believe she is simply ing evidence. It is a serious charge. rector Comey made to Rosenstein not the right person to serve as Asso- We should be cautious. If Director shortly before he was fired and his re- ciate Attorney General because of her Comey did not write that memo or if, fusal to rule out the President as a tar- longstanding, apparently deeply held for some reason, there is a question get of that investigation when he came philosophy on the use and proper appli- about the truth, perhaps the suspicions before the Judiciary Committee. cation of government power. When the are unfounded, but there is credible The facts will eventually form a mo- Federal Government engaged in ac- and significant evidence. Director saic, and that mosaic may dramati- tions that threaten the privacy rights Comey has established—to both his cally show a picture of criminal con- of innocent Americans, Ms. Brand has critics and his friends—that he is a duct. That is the process of inves- advocated nonaction. I believe the man of probity and dedication to public tigating and prosecuting criminal United States must protect the privacy service and to this Nation. wrongdoing. Right now, that activity of her citizens, and that fact is only We cannot feel confident about nomi- requires a fidelity to the rule of law in one among many that cause me to dis- nations for any of these positions— one’s getting all of the evidence, in- agree with her. whether it be Director of the FBI or cluding transcripts, tapes, memos, and The failure to nominate and appoint Associate Attorney General—from a other documents. They must be sub- an independent special prosecutor will President who has demonstrated such poenaed immediately so that they are lead me to oppose all of the nomina- contempt for the rule of law and for not destroyed or concealed, so that tions that are set forth by this admin- law enforcement, which is the job of they are preserved and produced. That istration, including anyone nominated the Department of Justice. The White must be done without delay, including for the FBI. I think it should now be House’s timeline and justifications for there being testimony under oath, in clear, if it was not before, that such an the decision to fire Director Comey public, from Comey, Attorney General independent prosecutor is necessary. certainly now, at this moment, fail to Sessions, Deputy Attorney General Parallels have been drawn by Mem- meet the test of credibility. Rod Rosenstein, and Don McGahn, bers on both sides of the aisle to the We know from the President’s own White House Counsel. They should be Watergate scandal. To this day, we words in interviews he conducted late called to testify by the Judiciary Com- don’t know whether President Nixon last week that the FBI investigation mittee, under oath, and in public. ordered the Watergate break-ins or into possible collusion between individ- I hope that my colleagues will, in- simply was a beneficiary of the crime, uals in the Trump campaign and the deed, rise to this challenge and shine in just as we don’t know now whether Russian Government was on the Presi- the light of history and commit now to

VerDate Sep 11 2014 00:42 May 18, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G17MY6.022 S17MYPT1 SSpencer on DSK7TPTVN1PROD with SENATE S2986 CONGRESSIONAL RECORD — SENATE May 17, 2017 an independent special prosecutor who ing choices off to the States. I was a her mom says, that is not who she is. can ensure that the truth is uncovered Governor, and I know about having to She is charming and funny. Her mom and that accountability is imposed for make these kinds of decisions. To cut calls her friendly and goofy and the any criminal wrongdoing so that we this money by this huge amount—al- stubbornest cuss. will prevent any obstruction of justice most $1 trillion over 10 years—and act She was never expected to read but is because the American people deserve as though it can all be made up now on her fourth Harry Potter book. it, they need it, and they demand it. through some kind of fake flexibility is She was never expected to ride a bike, Mr. President, I yield the floor. just an unspeakably cruel way to shift but now she does. She even has a job. The PRESIDING OFFICER (Mr. COT- this burden to the States. After years of volunteering at a local TON). The Senator from Maine. The bill talks about saving on the nursing home, she was offered a part- HEALTHCARE LEGISLATION deficit. It saves on the deficit because time job and is doing well. She is doing Mr. KING. Mr. President, I rise to $840 billion is shifted to the States. Let this because she had support from Med- speak for a few minutes on the AHCA, them pay it—shift and shaft. That is icaid. She cannot cross a street by her- which is the healthcare bill that was what it is—shift and shaft. Shift the self, and she needs to be reminded to recently passed in the House. cost and shaft the States, particularly brush her teeth. She has no sense of I believe the letters stand for ‘‘anti- the people in those States who depend money or danger. On the one hand, she healthcare bill’’ as there are many upon these programs—those people is 20 years old; on the other hand, she troublesome aspects of this bill—kick- being the disabled, the elderly, chil- is 6 years old. In other words, like most ing something like 20 million people off dren, people with disabilities, and young people, she is complicated. Ev- of health insurance and compromising those who are struggling to defeat the erything she has achieved has been ac- essential benefits. It is what I call a scourge of opioids and opioid addiction. complished with the help of dedicated ‘‘fig leaf’’ preexisting condition provi- I want to talk about some people teachers and therapists and has been sion, which does not provide adequate today. I want to talk about this guy, almost exclusively funded through spe- funding in order to actually protect Dan Humphrey. He is 28 years old and cial education in the public schools and people with preexisting conditions. lives in a group home in Lewiston, ME. by Medicaid. Yet what I really want to focus on He has autism and is nonverbal. He has By the way, Medicaid provides help today are two interrelated provisions— some bipolar characteristics and a sei- to the tune of $26 million a year to a massive cut to Medicaid and a mas- zure disorder but is gentle and charm- children in Maine schools who need it. sive tax cut for the wealthiest Ameri- ing, and you can see his smile. He has One of the amendments passed at the cans. By the way, that tax cut gives a very basic functional communication last minute in the House puts that zero tax cut to anyone making less skills. He enjoys jumping on a trampo- funding through the schools in jeop- than $200,000 a year. I will talk about line and drumming. He performs all of ardy. She has made monumental gains, that in a moment. his chores to care for himself, with but she will never be able to live alone. Let’s talk about the Medicaid cuts, prompting and guidance, such as laun- What happens when we make these however. This is a part of the bill that dry and grocery shopping. He is proud cuts? What happens to Lidia? What has not gotten much attention. It is of his volunteer jobs. He serves Meals happens to Dan? $840 billion over 10 years. It will be on Wheels to clients through the week, In the old days, they were about a 10-percent cut of Medicaid and he takes excess food from a nearby warehoused. They were in facilities funds in Maine. It is hard to get an ac- college to a local soup kitchen every that were far away—out of sight, out of tual analysis of that, however, because Saturday. mind—or with their parents, who had the House bill was passed without any Daniel needs around-the-clock sup- to bear the burden, who themselves Congressional Budget Office analysis— port in order to maintain this quality could not work because they had to none, zero. Unbelievably, the Members of life. When this level of programming take care of the children. These are of the House voted for a bill that they, was unavailable or is unavailable, he just two people—two examples—of literally, did not know the financial ef- regresses and becomes aggressive. Even what we are talking about here. fects of—how it would affect the at current funding, Daniel is one of the Who will speak for them? Who will States, how it would affect the people lucky ones, as he is not on a waiting stand up for them? in their States. Maybe, next week, we list. Although he qualified for services, I will, and I hope this body will. We will get that analysis. Certainly, this it took him 8 years to get a home and are the last bulwark between this ter- body will not act in that way with no a community-based service waiver for rible piece of legislation that was Congressional Budget Office analysis. him to be able to live the life he does. passed in the House and these people Let’s talk for a minute about who is He is in a group home in the wonderful and millions like them across the on Medicaid, as 34 percent of the people city of Lewiston, ME, where he lives country. Who will stand up for them? on Medicaid are children, 20 percent today. He is contributing. He has a de- Why are we doing this? Why are we are disabled people, and 18 percent are cent life. putting States through the ringer of elderly. In other words, almost three- By the way, this is all about people. having to make decisions to choose be- quarters—75 percent—are children, dis- It really bothers me that we talk about tween Lidia and an elderly person in a abled, and elderly people. Many people policy and ideology and free markets nursing home and between a child and talk about and think about Medicaid as and flexibility. We are talking about a young man who is trying to beat some kind of welfare program. This is people. We are talking about real peo- opioids? Why are we forcing them to an essential lifeline for some of the ple whose lives are on the line—people make those choices? most vulnerable people in our society— who are struggling with opioid addic- It is because we want to give a huge children, the disabled, and the elder- tion, elderly people who have no place tax cut to the wealthiest Americans, ly—75 percent—and 75 percent of the to go, and disabled people like Dan and and I am talking about a huge tax cut. funding goes to disabled and elderly like Lidia Woofenden. It is the most skewed tax cut in his- people. Here is Lidia. She graduated from tory because it only goes to a few peo- The people who sponsored this bill Mt. Ararat High School in June. She ple. Seventy-nine percent of the benefit and who are talking about it across the turns 21 in August. That is the high of this tax cut goes to millionaires, country talk about flexibility. Yes, school my kids went to. I had two boys which is an average tax cut of $54,000 a there are some cuts, but we are giving graduate from that high school. When year. Now, $54,000 a year to multi- the States flexibility. That is nonsense. she was 4 years old, she was diagnosed millionaires—the top one-tenth of 1 They are giving the States flexibility with a delayed growth of myelin on her percent, those with incomes above $6 to make decisions between funding pro- brain, and, at 15, she began having sei- million—would receive tax cuts of grams for the elderly and programs for zures and was diagnosed with a rare ge- more than $250,000 a piece in 2025 under children, between cutting off programs netic disorder. She lives with intellec- this legislation. for opioids and providing support for tual disabilities, seizures, and their We are putting people like this at people who are disabled. That is not side effects, as well as with a general risk in order to have somebody buy an- flexibility. That is just passing agoniz- lack of physical coordination. Yet, as other Maserati. It is unbelievable that

VerDate Sep 11 2014 00:42 May 18, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G17MY6.027 S17MYPT1 SSpencer on DSK7TPTVN1PROD with SENATE May 17, 2017 CONGRESSIONAL RECORD — SENATE S2987 this body would even consider making with those who are disadvantaged. On share those same stories now. I will that tradeoff. That is what we are talk- the Medicaid front, our goal should be share a couple of them today. They ing about here. Let’s be very clear. It is to look at the House bill and make it haven’t stopped coming in. Many peo- an equation of lost Medicaid benefits, a better. ple have just decided: We are never gigantic tax cut. That is what this bill The people who were added to Med- going to have the doctors we used to is all about. If you make between icaid under President Obama’s have. We are never going to have the $500,000 and $1 million, you will see a healthcare plan, decided by the insurance policy we used to have. The $4,000 tax cut, which is not so egregious States—the very group who my friend government has failed us. as higher up, and if you are under from Maine said shouldn’t be making They had a policy on which they $200,000 a year, you get zero. these kinds of decisions—the States were paying maybe a third of what This doesn’t even masquerade as a made these decisions because it was they are paying now and which had middle-class tax cut. This is one of the left to them to make them. And they higher coverage. But after a while, you most inequitable, cruel, and uncon- weren’t children and they weren’t old quit complaining and understand that scionable pieces of policymaking I have people; they were single adults who your government has actually come up ever seen. I think we need to be clear traditionally had not been covered by with a system that—for your family, at about that. If we don’t stand up for Medicaid. We can talk all we want to least—was worse than the system they Dan, Lidia, and millions like them—old about how these cuts are going to af- had. and young, living in the shadows of our fect children and old people, but that is We talk about cancellation notices society, asking for nothing more than not who would be affected. being sent out by the thousands. Thou- the ability to do the slightest things There is a debate the States have al- sands of families and thousands of indi- we take for granted, like crossing the ready had. Some States added single viduals got cancellation notices. Last street, having a job, dressing, feeling adults for the first time, and others year President Clinton, while cam- they are contributing—to take that didn’t. Many States believe they can paigning for his wife for President, away, to force States to make those de- make those decisions better in their said: What a crazy system. The costs cisions—and make no mistake, they own States, to have a healthcare home keep going up, and the coverage keeps are going to have to make those deci- where somebody has a doctor they going down. sions. You simply can’t cut the amount could go to. Having coverage doesn’t There is clearly something wrong of money that is proposed in this bill— matter if you can’t get access to here. We need to do something about which will expand over time, by the healthcare. Our debate here should be it. We should be working together to do way—and still expect the services to be about access to healthcare, and it something about it. the same or better through some kind should be about people who, because of When I am home and talking to peo- of flexibility. That is nonsense. It ObamaCare, are having problems with ple about this or when people contact would be bad enough, except to do it access to healthcare. our office about this, they just con- because of a massive tax cut to the President Obama promised that the tinue to say over and over again that people who least need it—that is what new plan would bend the cost curve. He this has gotten worse. Now, we get really makes this unacceptable. said it would bend the cost curve and some calls—and I am glad to get I know that people in this body are bring healthcare costs down. I think them—where people say: We want to be working on an alternative to the bill in the topic he was discussing was sure that you understand what happens the House, and I hope this can be an healthcare coverage costs coming down to individuals like the two people my open process where all of us partici- by $2,500 for the typical family. The friend from Maine mentioned. And we pate, where we are able to contribute cost curve got bent all right, but it are looking for ways to be sure they ideas and amendments and thoughts. didn’t get bent down, it got bent up. In don’t get left out. But let me tell you Particularly, I want us to think about our State, just last year in Missouri, 25 some of the people who have been left the fact that we are the last line of de- percent was the average increase from out. fense. We are the last line of defense one year to the next. The individual Thomas and Kathy, a married couple for people who can’t speak up. In the policies in many of our counties—84 from Kansas City, told me that their case of my friend Dan, he literally percent have only one insurance com- out-of-pocket costs have jumped from can’t speak up. We are who they are pany that is willing to offer a plan. $2,700 in 2014—that was the first year of counting on, between us, and if it That should tell us something right this healthcare plan—to $5,000 in 2017. weren’t for us, they would have no one there about whether the exchange idea In addition, their copays have in- to think about and demand that they worked, the way it was put together. It creased—in their case, they appear to be treated fairly and respectfully in the is clearly not working. be lucky—by only 20 or 30 percent. richest society on Earth. I hope we can We can continue to move forward and They are not by themselves. Tony, an do better. I know we can. act as though that doesn’t matter, but insurance broker in Northwest Mis- Mr. President, I yield the floor. it matters a lot. We have 114 counties souri, recently told me about a client The PRESIDING OFFICER. The Sen- and the city of St. Louis, and our con- who was shopping for coverage. The cli- ator from Missouri. stitution functions as if it were a coun- ent realized that the only plan she Mr. BLUNT. Mr. President, there is a ty. One-hundred and fifteen of those could afford would force her to spend, reason we are talking about entities, the county-like entities—97 of for herself, almost $5,000 a year in in- healthcare, and we should be talking them have only 1 company willing to surance premiums on top of having an- about healthcare. We should be looking offer insurance. In all of them, the av- other $5,000 deductible before that in- for the gaps and trying to find those erage increase statewide was 25 percent surance she would be paying for every gaps. I had a long conversation this 1 year over the next, and that is just 1 month would do any good. She said she morning about people who have disabil- year, and it is not even next year. would be spending almost $10,000 with- ities, adults who have disabilities, and Every estimate says that those indi- out receiving anything, and it made ab- the challenges they have always faced vidual policies will go up even more solutely no sense. Well, her insurance in the insurance marketplace. They are next year than they did last year. broker couldn’t help but agreed with people like Dan and Lidia who have a We can continue to act as though her that in her case it didn’t make hard time working or are unable to this system is working and not do any- much sense, and I think all of us can have a full-time job, who may be cov- thing about it, or we can do something see why it might not. ered by insurance through their par- about it. Yesterday at a press event here in ents until they are too old, or they When ObamaCare was implemented, I the Capitol, I mentioned a farmer who may not be covered because their par- came to the floor almost every week called and said she had a $12,000 deduct- ents aren’t covered. But normally, if for the first year to share story after ible for her family and she was paying that has been the case, where you were story of people and families who were $16,000 in annual premiums. So in her able to share whatever coverage your affected, who couldn’t have the kind of case, she could pay $28,000 before she parents had—and certainly this is an healthcare or the kind of coverage—ei- had any coverage at all, and that area we should work on, how we deal ther one—they had before, and I could $28,000 was money—she could be paying

VerDate Sep 11 2014 00:42 May 18, 2017 Jkt 069060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G17MY6.028 S17MYPT1 SSpencer on DSK7TPTVN1PROD with SENATE S2988 CONGRESSIONAL RECORD — SENATE May 17, 2017 $12,000 of it just for access to see a doc- In the past month or so, we have seen something to rescue the people who are tor because her insurance company big companies drop out of the markets being crushed under this collapsing didn’t help with that. in Virginia and in Iowa. There is now ObamaCare system. That is why Re- One final story I would like to share just one company left selling in the ex- publicans are the ones talking about is from Rob, a small business owner in changes for Nebraska and for Delaware. solving the problems that have been St. Joseph who pays half of his employ- There is just one company selling in caused by ObamaCare. The House of ees’ medical, and his costs keep going Alaska, in Missouri, in Alabama, in Representatives passed a bill that in- up. His agent walks in every year, he Oklahoma, in South Carolina, and in cludes some important things that told me, and says: Well, this year it my home State of Wyoming. could help stabilize the markets. It in- went up 9 percent. For people living in all of these cludes things to stop these double-digit He said: That might have been ac- States, there is a monopoly for whom premium hikes that have been occur- ceptable, except it also went up 9 per- they get to buy their insurance from ring every year. cent last year and 11 percent the year under the ObamaCare markets. That is In the Senate, we have already start- before that, and it was 9 percent the not a marketplace, it is a monopoly. ed mapping out the ideas. We are going year before that. The Associated Press looked at all of to continue offering our ideas. We are Many of the losses in the individual these companies dropping out. It now going to continue debating them. I market are being shifted to try to found that 40 percent of America—4 out want to invite Democrats in the Senate make the insurance market make up of 10 counties in America—will have to come to the floor and offer their for what is happening on the individual just 1 company selling insurance in the ideas as well. It doesn’t have to be a side. ObamaCare exchanges for next year; 4 partisan fight. It shouldn’t be a par- Year over year, we see premium in- out of every 10 counties in America. tisan fight that drags on for months creases, skyrocketing deductibles, and That is what you get with an and months. We need to find solutions higher out-of-pocket costs. That is the ObamaCare exchange. for the American people who are suf- status quo under what we have now, How is that supposed to bring down fering under President Obama’s and it is unacceptable. That is why Re- prices? Other companies have been say- healthcare law. publicans have made clear that we are ing how much they will need to charge For all the Democrats who are now going to move forward to solutions if they are going to stick around for 1 trying to redirect the blame away from that will address some of the major more year under ObamaCare. It looks themselves, the problems they caused, issues in our healthcare system and like we will have another year of in- trying to pass the buck, we are trying look for ways to bring down costs and credible price increases. In Maryland, to pass a bill. I can tell from listening expand access to quality, affordable insurance companies are demanding at home in Wyoming, where I will be coverage, but more importantly, qual- average premium increases of any- again this weekend and was last week- ity, affordable care. where between 18 and 59 percent. In end, people know who caused the prob- I urge my colleagues to work with us Connecticut, they are asking for 15 to lems of ObamaCare. The American peo- and join in this effort to help us find 33 percent more next year. ple are looking for solutions. They solutions to be sure we don’t leave peo- Democrats are desperate to blame don’t care who offers it. They want so- ple out who shouldn’t be left out but the collapse of ObamaCare on Presi- lutions. I think if we can get a bipar- that we also make access to healthcare dent Trump. My question to the Demo- tisan solution, all the better. I invite more possible for more families and crats is this, What about all of the the Democrats to come to the floor to more individuals than it is today. companies that dropped out of the mar- give us their best ideas. Mr. President, I yield the floor. ketplaces last year? What about the Mr. President, I yield the floor. I suggest the absence of a quorum. I suggest the absence of a quorum. double-digit price increases Americans The PRESIDING OFFICER. The The PRESIDING OFFICER. The were paying year after year under clerk will call the roll. clerk will call the roll. The senior assistant legislative clerk ObamaCare? The senior assistant legislative clerk proceeded to call the roll. The premium for the average bench- proceeded to call the roll. Mr. BARRASSO. Mr. President, I ask mark plan in the exchanges went up 25 Mr. SCHATZ. Mr. President, I ask unanimous consent that the order for percent at the start of this year. Are unanimous consent that the order for the quorum call be rescinded. Democrats going to try to blame that the quorum call be rescinded. The PRESIDING OFFICER. Without on someone else? The PRESIDING OFFICER (Mr. objection, it is so ordered. In March, the Kaiser Family Founda- TOOMEY). Without objection, it is so or- Mr. BARRASSO. Mr. President, Re- tion reported the results of a poll on dered. publicans have been warning for years healthcare in America. In this poll, 4 WELCOMING BACK THE SENATOR FROM NORTH now about the grave damage out of 10 American adults with insur- CAROLINA ObamaCare has done to the American ance under ObamaCare said they have Mr. SCHATZ. Mr. President, before I healthcare system. We have pointed trouble affording their deductible. move into my remarks, I would like to out how the healthcare law’s regula- They have ObamaCare insurance, but 4 say welcome back to the Senator from tions are destabilizing the health in- out of 10 adults in America with North Carolina. We are happy to see surance industry. We have warned that ObamaCare insurance are having trou- him hale and hardy. the ObamaCare markets are unstable. ble affording their deductibles. Three I was worried until I saw your little We have talked about the death spiral out of every ten with insurance under internet video and you looked fine. It which has already doomed ObamaCare. ObamaCare said they have problems is nice to see you. We welcome you It seems like every day we get more paying their medical bills. One in four back to the Senate floor—and looking proof that the collapse is well under- Americans with insurance under more energetic than the rest of us, in way. Last week, the insurance com- ObamaCare said the costs have forced any case. So happy to have you back, pany Aetna announced it was exiting them to put off healthcare they needed Senator TILLIS. the individual ObamaCare markets en- or skip it entirely. NET NEUTRALITY tirely. CNN did a story about this last These people are suffering because of Mr. President, in the rubble of this Wednesday. The headlines said: ‘‘Aetna President Obama and the Democrats week, the Federal Communications to ObamaCare: We’re Outta Here.’’ It is and what they passed. These Ameri- Commission is going to formally start interesting because Aetna as a com- cans are struggling because of the the process of destroying net neu- pany was one of the cheerleaders for flawed policies and regulations of the trality. A free and open internet is ObamaCare early on; they jumped in ObamaCare law that Democrats in without question important to democ- and said: We are very involved. We Washington wrote. racy and American innovation. want to make this work. Here they are Republicans are saying what we have Apparently this FCC believes we no pulling out, saying it has failed. said all along: Healthcare reform longer need the protections that keep Humana had already said it was quit- should be about helping people get the internet service providers from dis- ting the exchanges, not just one place care they need, from a doctor they criminating against websites and on- but everywhere. choose, at a lower cost. We need to do line content, but these protections are

VerDate Sep 11 2014 00:53 May 18, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G17MY6.030 S17MYPT1 SSpencer on DSK7TPTVN1PROD with SENATE May 17, 2017 CONGRESSIONAL RECORD — SENATE S2989 what make the internet what it is We would pay more for the same trality—because it is critical for inno- today. They mandate, very simply, internet, but the issue here is bigger vation. that ISPs have to treat websites the than a company that streams video When you think about how quickly same, whether they are Twitter or asking an ISP to stream their content the internet of things is gaining steam, Facebook, Breitbart or the New York faster in exchange for more money. It it is also a big deal for what they call Times. The FCC is supposed to be there is not just that. This is an era, as we IoT. We are at a historic moment in in- to make sure ISPs follow this basic all know, of corporate consolidation. novation in the digital space. principle: Treat all content the same. The content companies and the ISPs Kevin Kelly, internet pioneer, re- But under this administration, these are often one and the same. So it is not cently did an interview with Stephen protections are being undermined. just that you would get Netflix negoti- Dubner of Freakonomics Radio. They It starts tomorrow when they will ating with Comcast and maybe paying talked about the fact that in 2015 vote to begin the process to repeal net extra so they can stream their content alone, 5 quintillion transistors were neutrality. I really don’t know why the so you can view it; it is also what hap- added to devices that were not com- FCC thinks this is a good idea, because pens when Comcast or some other com- puters. A quintillion is a billion bil- the internet is not broken. What prob- pany is also the content company. lion. That is such an enormous num- lem were you trying to solve by getting I want everybody to think this ber, it is hard to fathom. That is how rid of these protections, and on whose through. If you were running a com- fast the internet of things is growing. behalf are you working? There is not a pany that provided access to the inter- That is the level of innovation that is single constituent in my State with net and also owned content, wouldn’t taking place, but this innovation de- whom I ever interacted—and I bet this you be at least a little bit tempted— pends on a free and open internet. is true for many other Members of the wouldn’t your board of directors at So the degree and extent that indi- Senate and House—who says: You least make you look at the possibility vidual ISPs are able to control who know those net neutrality protections? that if you have television shows and if gets what and at what speed, all of that I hate them. You have to get rid of you have websites and you depend on innovation at the app level, the IoT that net neutrality thing. It is bugging traffic, why in the world wouldn’t you level, all the cool stuff you are looking me and harming my access to the prioritize your own stuff? It is not forward to from Silicon Valley or wher- internet. I would like fast lanes and apocryphal. It is not apocalyptic to ever it may be, is in danger because slow lanes. I would like my ISP to de- imagine that a company would say: We then it becomes about paying tolls. termine what I get to see and how are a vertical now, and we own con- Then it becomes about a commercial quickly I get to see it. negotiation. Then it becomes about There is literally no constituency for tent. Why are we going to put up our lawyering up. You have a really good what is happening tomorrow, but there competitor’s stuff at the same rates? idea? Lawyer up. You have a really is one group that stands to gain here, The law doesn’t provide for that any- and that is the ISPs, the companies more. Net neutrality is a thing of the good idea? Get people who have a mas- that control your access to the inter- past. ter’s in business administration. For- You don’t have to imagine that these net. It is true that they are promising get the engineers. Forget the content to keep the internet open and free. In are bad people who are running these developers. Forget the creative class. fact, they did it just this week. A group companies; you just have to imagine What you have to do is figure out how of ISPs published a full page ad in the that they are businesspeople and that to get in on what will essentially be print version of the Washington Post they run publicly traded companies what they call a closed shop. And that reaffirming their commitment to vol- that have to give quarterly earnings is what net neutrality is all about. untary net neutrality. In other words, reports and have to show profit every What if your internet service pro- they promised to be good to all of us as single quarter. What better way to vider has a relationship with one of consumers. They are basically saying: make profit than to create what they these websites? What if an auto sales You don’t need the Federal Commu- call on the internet a walled garden? website is purchased by a media com- nications Commission to enforce any Everything seems like the internet pany or vice versa? If you try to pur- rule or law related to a free and open you used to have, except it is all within chase a car online, you may end up in internet. We will do it voluntarily. one family of companies, and that is an internet funhouse if the FCC takes But here is the thing: Without net what net neutrality is designed to pre- away net neutrality. It will look like neutrality as a matter of rule and law, vent. When you get on the internet, the internet, but you may not have there is nothing that prevents them your ISPs can’t tell you whether to go complete access to all the options. The from treating content or websites dif- to Google or Bing or Yahoo or same idea applies to the internet of ferently. In fact, they will have finan- Facebook or Breitbart or the New York things. If every car connects to the cial incentives to do just that because Times or the Honolulu Star-Advertiser internet, broadband providers could de- making profits is their obligation. or wherever it wants; you get it all at cide that it takes too much bandwidth They have to maximize their profits. the same speed. That is what net neu- and pick and choose which brands are They have a fiduciary obligation to trality is all about. But to the degree allowed to connect to the internet. maximize profits. If there is an oppor- and extent that net neutrality protec- That is what can happen without net tunity now or in the future to change tions are repealed as a matter of law, neutrality. the business model for internet service, these companies can suddenly provide They could offer a basic internet changing the internet as we know it you with opportunities to see all their package that limits customers to cer- along the way, they are duty bound to stuff and only their stuff. You will still tain websites or content, sort of how pursue it. They do not have an obliga- have access to the other stuff. It might you buy basic cable and then decide tion—a moral one or a statutory one or not stream very well or load very fast. whether you want ESPN or HBO or a legal one—to a free and open inter- That is what net neutrality is all whatever additional channels. It is not net; they have an obligation to their about. totally out of the question that that shareholders and profits. Entrepreneurs and small business could be the way you access the inter- Here is what is going to happen if the owners will also be hurt. Think about net in the future. FCC succeeds ending net neutrality what it takes to start and grow a busi- The thing is, it sounds so scary, it once and for all: ISPs would be allowed ness. You don’t have extra cash to hand sounds so crazy that you can’t imagine to split content into two lanes—favor- over to your ISPs to make sure people it would happen. And it is true that it ite content would be in the fast lane can access your content. Without net didn’t happen in the past, but that is and everything else in the slow lane. neutrality, new services, new websites, because it wasn’t in their commercial Companies that need their content to new big ideas will have a harder time interest to do it. Think about towns be fast for video streaming or cloud competing with established businesses. where there are one or two ISPs. Think services would have to pay to be in the That is why more than 1,000 entre- about a future 5 or 10 years from now fast lane. At the end of the day, the preneurs, investors, and startups from when net neutrality is repealed. The cost is going to be transferred to you, every single State have signed a letter moment it is in their commercial in- the consumer. asking that the FCC protect net neu- terest to do something to change the

VerDate Sep 11 2014 00:53 May 18, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G17MY6.033 S17MYPT1 SSpencer on DSK7TPTVN1PROD with SENATE S2990 CONGRESSIONAL RECORD — SENATE May 17, 2017 very nature of the internet is the mo- offices determines who wins and loses, lanes, that is precisely what an entre- ment they will be duty bound to con- it will be just a few companies in a few preneur will need to do. Right now, the sider going forward. corporate boardrooms deciding who essence of the internet is to innovate When net neutrality was adopted gets into the express lane and who falls and test new ideas first, and if an idea under the previous FCC, there were 3.8 behind in an internet traffic jam. then takes off, the creator can attract million people who provided comment. That is why we need a true open capital and expand. This is a very unique process. When the internet. That is exactly what I heard Creating internet fast and slow lanes law passed that allowed ISPs to sell last month when I hosted a roundtable would flip this process on its head. In- your commercial data, to sell your in Boston with a number of our tech stead, an entrepreneur would first need browsing data to third parties—that firms—Carbonite, TripAdvisor, to raise capital in order to start inno- happened in a 30-hour period—basi- Wayfair, iRobot, and others. Their vating, because she would need to pay cally, nobody noticed. We tried to mo- message was clear: Net neutrality im- for fast lane access to have a chance bilize. We got the word out. They had pacts businesses across the entire for her product to be seen and to suc- the votes, and it happened very quick- internet ecosystem, and the ever- ceed. Only those with access to deep ly. This is different. Under the law, changing environment of entrepreneur- pockets would develop anything new. there is a public comment period. ship can be easily disrupted without Imagine the stifling of creativity if There were 3.8 million people who com- this ingredient—net neutrality. startups need massive amounts of mented on the last net neutrality de- Today, essentially every company is money even to innovate. bate. There are already 1 million peo- an internet company. Consider these Now, Chairman Pai says he likes net ple who have commented through the statistics. In 2016, almost one-half of neutrality. But in reality, his proposal FCC’s website. the venture capital funds invested in would eliminate the very order that es- Tomorrow, the FCC will take an ac- this country went toward internet-spe- tablished today’s network neutrality tion that will open up the comment pe- cific and software companies. That is rules. That is like saying you value de- riod and provide people an opportunity $25 billion worth of investment. mocracy but you don’t see a need for a to weigh in on this. I would just offer At the same time, to meet America’s constitution. It makes no sense. For Chairman Pai and the ISPs, title that I do not believe there is any real insatiable demand for broadband inter- II is a bad word. It is some terrible constituency for what the FCC is net, U.S. broadband and telecommuni- thing. But for everyone else—con- doing. I think people across the coun- cations industry giants invested more sumers, activists, and entrepreneurs— than $87 billion in capital expenditures try—young and old; left, right, and title II is a reason to celebrate. Back in in 2015. That is the highest rate of an- center; Democratic and Republican; 2010, the FCC attempted to put net nual investment in the last 10 years. So urban and rural—everybody who cares neutrality rules in place without re- we have hit a sweet spot. Investment in about a free and open internet ought to classifying under title II of the Com- broadband and wireless technology is care about what is happening tomor- munications Act. The DC Circuit Court row. high, job creation is high, and venture invalidated those rules. Then, in 2015, With that, I would like to yield to a capital investment in online startups is the Federal Communications Commis- Member of the Senate who has many high. Disrupting that formula now sion rightfully adopted the open inter- years of leadership in this space, some- would only create chaos and uncer- net order, which reclassified broadband one who has authored some of the stat- tainty. under title II, and the DC Circuit utory architecture that has allowed With strong net neutrality protec- upheld the rule in 2016. this innovation on the internet to tions in place, there is no problem that The issue is settled. The FCC should occur, someone who fights for con- needs to be fixed. But the Trump ad- not repeat past mistakes and instead sumers, the Senator from Massachu- ministration wants to upend this hall- should maintain the successful current setts, Mr. MARKEY. mark of American innovation and de- regime. Why is title II appropriate? It The PRESIDING OFFICER. The Sen- mocratization by gutting net neu- was Congress’s intent to preserve the ator from Massachusetts. trality rules. Tomorrow, Chairman Ajit FCC’s authority to forestall threats to Mr. MARKEY. Mr. President, I say to Pai and the Republican-controlled Fed- competition and innovation in tele- Senator SCHATZ, thank you for orga- eral Communications Commission will communications services, even as the nizing our Senate net neutrality cham- vote to begin a proceeding that will technologies used to offer those serv- pions out here on the floor today so allow a few powerful broadband pro- ices evolved over time. that we can all stand up and add our viders to control the internet. Now, classifying broadband under voices to your voice in speaking on this Now, the big broadband barons and title II is just a very fancy way of say- critical issue. Now, there are people their Republican allies say: We don’t ing broadband is like telephone service. watching the Senate floor right now by need net neutrality. They say: What we It is a basic utility that Americans watching the live stream on c-span.org really need is a ‘‘light touch’’ regu- rely on every day to work, to commu- or on Facebook Live. latory framework for broadband. nicate, and to connect. Broadband has They might be engaged citizens, they But let’s be clear here. When the become the single most important tele- might be political junkies, or maybe broadband behemoths say ‘‘light communications service Americans use they need something to help them to touch’’ what they really mean is to transmit information from one to ensure that their newborn is going to ‘‘hands off’’. They really want hands another. This is common sense to go to sleep this afternoon. That is off of their ability to choose online Americans around the country, with watching C–SPAN. That helps the fam- winners and losers. the only exception being high-powered ily. Let’s face it. The action in this That is what they really want, to telecommunications lobbyists inside most deliberative body can sometimes allow AT&T, Verizon, Charter, the beltway here in Washington. feel a little slow. Comcast, and all of the other internet Chairman Pai also claims that he Now, imagine just a few companies service providers to set up internet fast wants internet service providers to vol- deciding that c-span.org will be put in lanes for those with the deepest pock- untarily decide to follow net neutrality a slow lane, that the public interest ets, pushing those who can’t onto a principles. That is like asking a kid to content streamed out to the world slow gravel path. Then, they will just voluntarily swear not to stick his hand from this Chamber will be sent out at pass any extra costs onto the con- in the cookie jar. It just won’t happen. an even more deliberative pace, all sumer. What they really want is to We know the broadband industry—your while kitten videos get priority in an sideline the FCC, our telecommuni- cable, wireless or telecommunications internet fast lane. cations cop on the beat, and to create provider—can’t self-regulate them- When people talk about net neu- an unregulated online ecosystem where selves. They struggle to even show up trality, that is what we are talking broadband providers can stifle the de- on time to install or fix your service. about. Instead of an open and free velopment of competing services that Do we really trust them to resist using internet where the billions of clicks, cannot afford an internet E-ZPass. their internet gatekeeper role and put- likes, and links made by customer and No one should have to ask permission ting their online competitors at an un- entrepreneurs in their living rooms and to innovate. But with fast and slow fair disadvantage?

VerDate Sep 11 2014 00:53 May 18, 2017 Jkt 069060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G17MY6.034 S17MYPT1 SSpencer on DSK7TPTVN1PROD with SENATE May 17, 2017 CONGRESSIONAL RECORD — SENATE S2991 This effort on net neutrality is just global marketplace—where you have touched on it—what happens now? one piece of the Republicans’ effort to the free exchange of ideas, and today’s What happens now is making the dismantle the basic protections safe- rules protect that shipping lane of the American people aware that this is the guarding American families. Instead of 21st century—the freedom for Ameri- time for their voices to be heard. protecting our privacy, our healthcare, cans and people worldwide to compete The fact is, there are two notions of our environment, or our net neutrality, online. It exists so that the powerful political change in America. Some peo- the Republicans want to give it all interests, those who have the deepest ple think it starts in Washington, DC, away to their friends and allies and big pockets, do not go out and swallow the and in government buildings in various corporations. little guys up every single time. capitals and then trickles down to the The FCC has received more than 1 Now, as we talk about net neutrality grassroots. million comments already, and I am and why it is so essential for jobs, free Senator SCHATZ, Senator MARKEY, sure millions more will flow in the speech, political engagement, edu- and I take a different view with respect weeks and months to come, as the FCC cation, economic opportunity, and bet- to how you bring about political comment period will stretch until at ter competition, there are really just change in America. It is not top-down; least August. Those are comments three points. First, protecting the free it is bottom-up. It is bottom-up as from every corner of the country and and open internet under Title II of the Americans from all walks of life weigh from every walk of life. They are Telecommunications Act, in my view, in with their legislators, weigh in with standing up to say we need a truly open is the best way to proceed at this the Federal Communications Commis- and free Internet. point. It is the only way, at present, to sion. My guess is that pretty soon— Openness is the internet’s heart. ensure a free and open internet, and probably tomorrow—the future of the Nondiscrimination is its soul. Any in- that is, by rejecting this idea that internet is going to be in the hands of fringement on either of those features somehow the internet is broken and we the Federal Communications Commis- undermines the spirit and intent of net should upend the current rules. The sion. neutrality. Federal Communications Commission I just want to wrap up my remarks So I proudly stand with my fellow should not only leave the current net by talking about how important it is netizens out on the Senate floor and all neutrality rules in place, they ought to for the American people to go online to across America who oppose any efforts aggressively move against companies the Federal Communications Commis- to undermine net neutrality. We are on that violate those rules. As my friends sion website and file a comment, and the right side of history. I am ready for from Massachusetts and Hawaii know, visit my website—wyden.senate.gov— the historic fight to come. there is not exactly a lot of evidence where you can get more information. Twelve years ago, I introduced the that the Federal Communications I will close with this: I think my first net neutrality bill in the House of Commission is doing that either. friends—certainly Senator MARKEY and Representatives. In the Senate, the Net neutrality, in short, protects the Senator SCHATZ—may have heard this. first net neutrality bill was introduced internet’s ability to give a fair shake I want to talk about the fight against by the Senator from Oregon, RON to every single person in America and internet piracy because we are all WYDEN. This has been a long battle, a literally in the world with a good against internet piracy. No one is in long struggle coming. We now have idea—they don’t have to have money. favor of that kind of thievery, but we America in its sweep spot, with net They don’t have to have lobbyists. didn’t think it made sense to damage neutrality on the books for software They don’t have to have PACs. All they the architecture of the internet—the and broadband companies, which al- have to have with net neutrality and domain name systems and the funda- lows for a fair balance in terms of the the internet is an idea to compete with mental principles by which the inter- competition in the marketplace. the establishment. This level playing net operates—in the name of fighting So I now turn and yield for the Sen- field is a prerequisite for protecting piracy. ator from Oregon, RON WYDEN. free speech. When there was a bill with a short- The PRESIDING OFFICER. The Sen- A level regulatory playing field sighted view—it was called SOPA and ator from Oregon. means that these powerful interests— PIPA—and it was introduced, scores Mr. WYDEN. Mr. President, I thank the cable companies, specifically— and scores of Senators supported it im- my friend from Massachusetts for not can’t pick winners and losers because mediately. I put a hold on this bill. I just today but all of the years in which of their political or personal views. Our put a public hold on the bill. I chaired he has led this battle. He is right. We colleague, Senator FRANKEN of Min- a little subcommittee of the Senate Fi- have served together now in both nesota, has correctly said that net neu- nance Committee. There were close to Chambers and, in fact, when I was here trality is the First Amendment issue of a majority of Senators already in sup- and he was in the other body, we our time, and I think he is spot-on on port of this flawed bill. We began to talked often about why this was such a that matter. talk to those around the country who bedrock principle. Finally, because there really hasn’t understand what it really means if you You know, sometimes you listen to been the competition in the broadband damage the internet and its architec- the head of the FCC and you get the marketplace that would best serve the ture for a shortsighted and, in this sense that somehow he is saying that consumer and the public, what you case, unworkable approach. the internet either is broken or is should definitely do is operate under Everybody thought we didn’t have a about to break—that some horrendous the theory that you need strong rules. chance of winning. There was very set of problems are going to ensue We all know that too many people close to a majority in the Senate actu- without his ill-advised ideas. The fact don’t have a choice when it comes to a ally cosponsoring it. So a vote was is that the internet is not broken. The broadband provider; often it comes scheduled on whether to lift my hold Federal Communications Commission down to Comcast or nothing. Without on this bill, the flawed PIPA and SOPA is not trying to help consumers by roll- real competition, America needs strong bill. ing back net neutrality protections. net neutrality rules to prevent Four days before the vote was to They are doing it to make it easier for Comcast or AT&T from basically toss- take place on whether to lift my hold, the big cable companies to be in a posi- ing consumer choice and free speech in 15 million Americans emailed, texted, tion to shove out true and real com- the trash can to rake in even more called, went to community meetings. petition. That, I would say to my profits. They went out all across the country. friend Senator MARKEY and my friend A lack of broadband competition and Mind you, these 15 million Americans from Hawaii, Senator SCHATZ, who has consumer choice is clearly a problem were focused and spent more time on- been championing these efforts in the you cannot solve by giving the big line in a week than they did thinking Commerce Committee, is what this is cable companies more freedom—free- about their U.S. Senator in a couple of really all about. dom to run at will through the market- years. You know, the reality is that the place. They said this defies common sense. internet is now the shipping lane for So the question now is—and I think We are not for internet piracy, but the 21st century. It is that place—a my friend from Massachusetts just don’t destroy the internet.

VerDate Sep 11 2014 00:53 May 18, 2017 Jkt 069060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G17MY6.036 S17MYPT1 SSpencer on DSK7TPTVN1PROD with SENATE S2992 CONGRESSIONAL RECORD — SENATE May 17, 2017 My hope is, once again, with the odds looking at ways as part of the trans- Quite the opposite has occurred. stacked against our side—the odds formation of Medicare—what I call up- Since the rules went into effect, stacked against Senator SCHATZ, Sen- dating the Medicare guarantee—that AT&T’s share price has gone up more ator MARKEY, and all the Senators who some of the technologies my friend than 20 percent, Comcast has increased have been willing, on our side, to speak from Massachusetts talked about are 26 percent, and several ISPs have reas- up against these powerful interests going to be available to seniors. sured investors that net neutrality that really would like to gut net neu- I know our friend from New Hamp- would have no impact on their trality—that those who understand shire has arrived, and she has been a broadband investments. So this is just what the freedom of the net is all very strong advocate of principles of another ‘‘gimme’’ to big cable and in- about, what it means to have this abil- net neutrality. dustry stakeholders who want to put ity to communicate that is so vital to I yield the remainder of my time to profits ahead of customer service and people without clout and power, will her. consumer protections. take the fight for the consumer, for the The PRESIDING OFFICER. The Sen- In New Hampshire, innovative, small man and woman who just want a fair ator from New Hampshire. businesses are the backbone of our shake when they get an idea. My hope Ms. HASSAN. Thank you very much, economy, creating good jobs, stimu- is, just as they did a few years ago in Mr. President. lating economic growth, and net neu- blocking this ill-advised SOPA and I thank my friends from Oregon, trality has been integral to their suc- PIPA bill, that those who care so much Massachusetts, and Hawaii for their cess. More than 1,000 startups, innovators, investors, and entrepre- about freedom and a fair shot for ev- leadership on this very important issue neurial support organizations from erybody will, once again, take the fight concerning net neutrality. across the country, including the com- to the Federal Communications Com- Mr. President, I rise today in opposi- pany Digital Muse, in New Hampshire, mission, knowing that their voices can tion to the Federal Communications sent a letter to Chairman Pai urging make a difference. They have made a Commission’s proposal to undermine him to protect net neutrality rules. I difference in the past. critical net neutrality rules, which plan to fight to do just that. It is a real pleasure to be with Sen- would change the internet as we know it today. In giving entrepreneurs a level play- ator MARKEY and Senator SCHATZ. ing field to turn an idea into a thriving Mr. MARKEY. Mr. President, will the Tomorrow the FCC will vote on a no- tice of proposed rulemaking, which be- business that reaches a global audi- Senator from Oregon yield? ence, net neutrality helps promote in- Mr. WYDEN. I yield. gins the unraveling of commonsense novation and boost economic growth. Mr. MARKEY. Mr. President, as the consumer protections that enhance our By dismantling net neutrality rules, Senator from Oregon remembers so online experience. Net neutrality is a internet service providers will be al- well, when he and I started in Con- concept that requires internet service lowed to force small service providers gress, there was one telephone com- providers to provide equal access to on- to pay to play online, causing insta- pany. line applications and content. It pre- bility to startups and entrepreneurs Did we have innovation? Well, we had vents internet service providers from across the Nation who might not be a company winning Nobel Prizes in discriminating against content and able to afford such fees. Companies like basic research. Did we see applied re- content providers, discrimination that Digital Muse should be able to compete search out there, new technologies? No. can take the form of making certain based on the quality of their goods and web pages, certain applications, or vid- We saw a black rotary dial phone. So services, not on their ability to pay eos load faster or load slower than oth- AT&T had to get broken up so there tolls to internet service providers. would be new companies, new competi- ers. Net neutrality isn’t just good for Net neutrality is integral to pro- tion, new technologies. startups and entrepreneurs, it has also Ultimately, because of all of that ef- moting innovation, supporting entre- created a platform for traditionally fort toward deregulation to let more preneurs and small businesses, and en- underrepresented voices, including companies in, more innovations, we couraging economic growth in my women and minorities, to be heard and, now have devices that we walk around home State of New Hampshire and as important, to add to our economic with, which are just minicomputers in across the entire Nation. strength. Last week, my friend Senator In March, Washington Republicans, our pocket. We have millions of apps CANTWELL and I sent a letter with sev- that people sitting in any city and with the support of the Trump admin- eral of our colleagues to Chairman Pai town all across our country can de- istration, voted to take away critical highlighting the importance of net velop and get online to try to make a online privacy protections giving ISPs neutrality to women and girls across few bucks. the green light to collect and use a the country. An open internet serves as Ultimately, it is still that old AT&T consumer’s online data without the a platform to elevate voices that are mentality: How do we shut it down? consumer’s consent. So it is no surprise underrepresented or marginalized in How do we close it down? How do we that what corporate ISPs want next is traditional media, an experience many make it hard for the entrepreneur, to remove baseline protections that women in the field know all too well. hard for the innovator, hard for that allow even the softest voice to be heard When turned away from traditional new idea to get out there that makes it or the smallest of businesses to thrive media outlets, women can turn to the more productive, easier for the Amer- against larger competitors. internet as an autonomous platform to ican people to be able to have access to I have heard time and again from tell their stories in their own voices these new programs? Granite Staters who call and write to thanks to the vast array of media plat- I agree with the Senator from Oregon my office that we must fight to protect forms enabled by net neutrality. Be- that this is a pivotal time in our coun- the net neutrality rules, rules that cre- tween 2007 and 2016, while the total try’s entrepreneurial history. We have ate an even playing field and protect number of business firms in America learned this lesson over and over again. consumers from unfair practices. increased by 9 percent, the total num- The Senator has been a great leader on What we are seeing here in Wash- ber of women-owned firms increased by these issues, and I just want to com- ington is different. At the request of 45 percent, a rate five times the na- pliment him on that. I compliment the big cable companies and internet serv- tional average. This growth in women- Senator from Hawaii for his leadership ice providers, the Republican-con- owned business mirrors the emergence on the issue. trolled FCC, led by Chairman Ajit Pai, of the free and open internet as a plat- I yield back the remainder of my is taking aim at commonsense con- form for economic growth. Net neu- time to the Senator from Oregon. sumer protections that could change trality has been essential to the Mr. WYDEN. Mr. President, I thank the free and open internet as we know growth of women-owned, innovative my friend from Massachusetts. In fact, it. As rationale, Chairman Pai has businesses, ensuring them the oppor- I have to leave the floor right now to claimed that since net neutrality rules tunity to compete with more estab- wrap up business for a very important went into effect 2 years ago, invest- lished brands and content. Finance Committee meeting tomorrow. ments in U.S. broadband companies In addition to empowering women It is a markup where we are going to be have dropped to historically low levels. economically, an open internet has the

VerDate Sep 11 2014 00:53 May 18, 2017 Jkt 069060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G17MY6.037 S17MYPT1 SSpencer on DSK7TPTVN1PROD with SENATE May 17, 2017 CONGRESSIONAL RECORD — SENATE S2993 ability to empower all citizens an open marketplace where everyone mination that has gotten us this far, civically. The National Women’s March can participate on equal footing, free net neutrality supporters can garner in January brought together hundreds from discrimination by companies like another win for the American people. of thousands of people to raise their Comcast, Verizon, and AT&T. I thank the Presiding Officer for this voices and organize in marches across The FCC responded by establishing opportunity to speak. the country and around the world, rules that are strong, clear, and en- I yield to my good friend from the largely through online activism. The forceable; rules that prevent broadband State of Hawaii. Women’s March and the many other providers from blocking or throttling The PRESIDING OFFICER. The Sen- marches that have followed since Janu- lawful online content, and rules that ator from Hawaii. ary demonstrate how an open internet stop providers from charging websites Mr. SCHATZ. Mr. President, I thank can serve as a powerful mechanism for for access to fast lanes. Mr. FRANKEN for his leadership on this civic engagement and strengthening Perhaps, most importantly, the FCC issue. He is a person who understands communities. The open and free inter- implemented these rules within the the content industry and has been a net is too powerful of a tool for civic time-tested legal framework that al- fierce defender of people’s ability to engagement and social and economic lows the agency to respond to chal- view content online, people’s ability to mobility—especially for our underrep- lenges to net neutrality that arise in express themselves online, and under- resented populations—to take away. the future. Following the commonsense stands that a fair and open media mar- Strong net neutrality rules are abso- path I have long urged, the FCC recog- ketplace is central to our democracy. lutely essential. They protect against nized that broadband access is a title II I want to address one assertion that content discrimination, they prevent service—a classification that the DC was made by the proponents of repeal- internet toll lanes, they allow the FCC Circuit has upheld and had previously ing net neutrality; that is, that some- adequate room for oversight, and they signaled was necessary in order to es- how the investment climate under net require reasonable transparency from tablish strong rules. neutrality was harmed. They say there internet service providers. The rules The FCC’s vote to implement strong is some reason to believe that under also provide stability to our economy, net neutrality rules was an important net neutrality, the investment climate to our entrepreneurs, and our innova- victory for American consumers and was diminished, but the Internet Asso- tive small businesses—enterprises that for American business, and that vic- ciation published research today that are integral to New Hampshire’s and tory demonstrated the overwhelming addressed this very issue, and their America’s economic success. power of grassroots activism and civic findings show that since 2015, when the I will continue fighting to ensure participation. In 2014, millions of rules went into place, telecommuni- that our regulatory environment is one Americans from across the political cations investment has actually in- that spurs innovation, fosters eco- spectrum organized to ensure that creased. ISPs and their consumers are nomic growth, supports our small busi- their voices were heard, and in the enjoying historically low production nesses, and allows the next young per- process, they redefined civic engage- costs and innovation has increased. son with a big idea to prosper. I strong- ment in our country, but in the 21st Free Press also published a report on ly oppose rules that would undermine century, that kind of participation re- this question earlier this week, and net neutrality, and I hope the FCC lis- quires an open internet, a place where they found that investment in tens throughout the comment period to people can freely share information broadband by publicly traded compa- concerns from Granite Staters and and engage in meaningful public dis- nies actually went up after net neu- Americans who feel the same way. course. trality went into place. Here is what Thank you, Mr. President. Because of net neutrality, a handful the research director at the Free Press I see that my friend from Minnesota of multibillion-dollar companies can- had to say: ‘‘If investment is the FCC’s is here and wonder if he would like to not bury sites offering alternative preferred metric, then there is only one speak to this issue as well. viewpoints or attempt to control how possible conclusion—net neutrality and Mr. FRANKEN. I would. users get their information. Because of Title II are a smashing success.’’ Ms. HASSAN. I yield the floor. net neutrality, people from across the Here is the point. The internet is not The PRESIDING OFFICER. The Sen- Nation can connect with each other, broken. There are parts of the economy ator from Minnesota. share their ideas on the internet, and that are not working well. We struggle Mr. FRANKEN. Thank you, Mr. organize a community effort. with manufacturing. We need to invest President. I have always called net neutrality in infrastructure. We have a trade im- I rise to discuss the Trump adminis- the free speech issue of our time be- balance. We have a higher education tration’s effort to undo the open inter- cause it embraces our most basic con- system that is not working for every- net order. Together we must protect stitutional freedoms. Unrestricted pub- body. We need to do more work in net neutrality and ensure that all con- lic debate is vital to the functioning of these areas, but the part of our econ- tent on the internet receives equal our democracy. Now, perhaps more omy that is working great for con- treatment from broadband providers than ever, the need to preserve a free sumers, for entrepreneurs, for the pri- regardless of who owns the content or and open internet is abundantly clear. vate sector, for engaged citizens is the how deep their pockets are. That is why I am so concerned about internet itself. Tomorrow, the FCC is Two years ago, American consumers Chairman Pai’s proposal to gut the going to endeavor to break it. and businesses celebrated the FCC’s strong net neutrality rules we fought Before I hand it over to someone who landmark vote to preserve the free and so hard for. has been working on these issues for open internet by reclassifying Tomorrow, the FCC will vote offi- many years, I want to point out that broadband providers as common car- cially to initiate a proceeding to undo nobody would have anticipated that riers under title II of the Communica- the open internet order, but, impor- the Affordable Care Act would still be tions Act. The vote came after the SEC tantly, American consumers and busi- on the books because of unprecedented received nearly 4 million public com- nesses will once again have an oppor- online and inperson organizing. ments, the vast majority of which tunity to make their voices heard. I The FCC has a very unique process urged the agency to enact strong rules hope the American people will contact where there is going to be a 3-month protecting net neutrality. the FCC, that they will remain engaged public comment period. The statute ac- Consumers urged the Commission to and willing to speak up, and that they tually allows the public to go and protect their unfettered and affordable will continue to use the internet to weigh in on what they think. The last access to content. A wide range of ad- spread ideas, organize support, and ul- time this happened when net neu- vocacy organizations pressed the Com- timately counter the deep-pocketed trality principles were being estab- mission to ensure that broadband pro- ISPs and the politicians who seek to lished, 3.8 million people commented. viders couldn’t pick and choose which undermine net neutrality. So far, before they even take their first voices and ideas would actually reach Two years ago, the best principles of formal action, there are 1.6 million consumers. Small and large businesses our democracy won out. I do believe people who have already commented. alike asked that the internet remain that with the same energy and deter- My guess is, by the time tomorrow is

VerDate Sep 11 2014 00:53 May 18, 2017 Jkt 069060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G17MY6.039 S17MYPT1 SSpencer on DSK7TPTVN1PROD with SENATE S2994 CONGRESSIONAL RECORD — SENATE May 17, 2017 done—maybe the next day—we will be tomorrow, will deprive the American take dangerous criminals and weapons well into the 2 to 3 million comment people, startups, and businesses of im- and drugs off our streets. They enforce range, and they still have 3 months to portant bright-line net neutrality the law. Even their very presence helps go. Understand the power in our de- rules. For that reason, I will fight it, to deter crime and keep our commu- mocracy still resides with the people. and I hope my colleagues will join me nities safer, but they do it all at great Somebody who has been working in the in this effort. risk—at great risk to themselves and trenches on this issue and many con- Mr. President, I yield the floor. at great sacrifice to their families. sumer issues for a very long time is my I suggest the absence of a quorum. A little more than a year ago, I did a great colleague, the senior Senator The PRESIDING OFFICER (Mr. ride-along in Columbus with Officer from Connecticut, and I will yield to GARDNER). The clerk will call the roll. Greg Meyer. He is one of those brave him as I realize I think I am standing The bill clerk proceeded to call the Columbus police officers who goes out at his dais. roll. every day to help keep our commu- Mr. PORTMAN. Mr. President, I ask The PRESIDING OFFICER. The Sen- nities safe, and we were focused on a unanimous consent that the order for ator from Connecticut. couple of issues that night in Colum- Mr. BLUMENTHAL. Mr. President, I the quorum call be rescinded. The PRESIDING OFFICER. Without bus. begin by thanking my colleague and One was the drug trade, particularly objection, it is so ordered. friend Senator SCHATZ for his extraor- the opioid crisis we face in Ohio. He NATIONAL POLICE WEEK dinary leadership in this area that has was able to show me where much of Mr. PORTMAN. Mr. President, I rise brought us to the floor. I am proud to this activity occurs, and we were able during Police Week to pay tribute to speak against the Federal Communica- to see with our eyes some of the people our police officers around the coun- tions Commission Chairman’s proposed who were trafficking drugs, dispersing, try—the men and women in blue who order that is in fact slated for a vote at and what goes on in our communities. serve us every day in Ohio and in every the open commission meeting tomor- We were also talking about human State represented in this Chamber. trafficking and his work in that area. row morning. That vote would undo In Ohio, this is a particularly dif- the open internet order. ficult week. Here we are during Police We were able to go to some particular What is at stake here is, really, First Week, and we are, once again, mourn- places at which there had been traf- Amendment rights to free speech. ing the loss of a police officer. This ficking in the past and where the police Those rights are threatened. Net neu- happened just last Friday. Last Friday, had broken up trafficking rings in trality has never been more important. a gunman took two people hostage in which girls and women had been made Allowing broadband providers to block the woods behind a nursing home in to become dependent on heroin. Then or discriminate against certain content Kirkersville, OH, which is a small town the traffickers had them, often in a providers is a danger to free speech and about 25 miles east of Columbus. hotel for a week until they had moved the freedom of our press. These prin- The first one to arrive on the scene on to another one and trafficked— ciples are fundamental to our democ- was the police chief of this small town. sold—human beings, usually online, racy. We should safeguard them by His name was Steven DiSario. Chief usually through the iPhone. Again, stopping this proposed repeal of the Steven DiSario confronted the assail- this police officer was able to tell me open internet order. ant, and he was ambushed by this as- about what he has done and what his The internet’s astonishing economic sailant. He was shot. He was killed. force has done to help protect these success is due to its being open and the This gunman then went inside the girls and women and to help get them access that it provides as an open plat- nursing facility, and he murdered two out of that situation. form. Anyone with a good idea can con- staff members—a registered nurse, This was just a few hours for me, and nect with consumers. Anyone who Marlina Medrano, and a nurse’s aide I always enjoy doing these ride-alongs, wants to reach across the globe to talk named Cindy Krantz. Then he took his but this is his life and their lives every to others or to pitch and promote ideas own life. day. They are out there doing their and products encounters a level play- By the way, Police Chief Steven best to try to protect us and to make ing field, and that ought to be the re- DiSario was 36 years old and had just our communities safer. ality. become the police chief in Kirkersville The day before this tragedy occurred On February 25, 2015, the FCC adopt- a month ago. The women who were in Kirkersville, we had had a lot of po- ed the open internet order to preserve slain were Marlina Medrano, who had a lice officers here in town because, on that open nature of the internet. The son, and Cindy Krantz, who had five Thursday and Friday and over the order, essentially, embodies three kids, including a 10-year-old son. Those weekend, police officers had been com- rules—no blocking, no throttling, no kids had to spend Mother’s Day pre- ing in for Police Week and Police Me- paid prioritization. Those principles paring for their moms’ burials. morial Day, which was on Monday, so I are now at risk. In fact, they are in On Monday, I went to Kirkersville had a chance to meet with a bunch of grave jeopardy. Those principles guar- and saw the memorial there for the of- these officers and thank them for their antee people, within the bounds of the ficer. I also had an opportunity to meet service. law, access to different web content re- with some of the officers who were We talked about the fact that the job gardless of the political views ex- from neighboring communities. There is dangerous and increasingly dan- pressed and regardless of the wealth of was just one police officer in gerous. Unfortunately, the numbers a site. They assure that the internet is Kirkersville—just the chief. I was able show that. Little did we know that, the open—that it is not a walled garden for to express to them the sympathy and day after we had been talking, there wealthy companies. A lot is at stake the gratitude of the people throughout would have again been this tragedy in here, and consumers and others should Ohio. I had brought a flag that had Ohio. We talked about the fact that prevail because their interests are, ul- been flown over the U.S. Capitol in some of their families have had sleep- timately, what is involved. honor of Chief DiSario, and that flag less nights because they do not know Ultimately, the Administrative Pro- will go to his family as a very small whether their husbands or their wives cedure Act requires, in my view, that token of the appreciation and gratitude or their sons or daughters are going to Chairman Pai prove, through a fact- of all of us for their father’s and hus- be coming home. based docket, that something has sig- band’s service. In our Nation’s history, more than nificantly changed in the market since Chief DiSario had six kids, and his 21,000 police officers have died in the the open internet rule was established widow, Aryn, is currently pregnant line of duty. Think about that—21,000. in February of 2015. Without that with their seventh child—a child who is We have already had 42 this year, 2017. change in facts, the decimation of this never going to know his or her dad. In 2016, we lost 143, which is about one rule cannot be justified. We cannot What he or she will know is that he officer every 3 days. Again, last year, allow Chairman Pai to succeed in this died a hero, that he died a hero in risk- five of those fallen officers were from plan to gut neutrality at the behest of ing his life to protect innocent people. Ohio: Aaron Christian, a patrolman moneyed internet service providers. That is what police officers do every with the Chesapeake Police Depart- Chairman Pai’s proposal, if it succeeds single day. They keep us safe. They ment; Thomas Cottrell, a patrolman

VerDate Sep 11 2014 00:53 May 18, 2017 Jkt 069060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G17MY6.040 S17MYPT1 SSpencer on DSK7TPTVN1PROD with SENATE May 17, 2017 CONGRESSIONAL RECORD — SENATE S2995 with the Danville Police Department; I say this because her nomination to The President says he fired James Sean Johnson, of the Hilliard, OH, Di- the third most senior position at the Comey because James Comey wouldn’t vision of Police; Steven Smith, of the Department of Justice comes at an un- pledge loyalty to him. Apparently, Columbus Division of Police; and Ken- precedented time of chaos and up- pledging loyalty to the rule of law was neth Velez, an Ohio State trooper. heaval—not only at the Justice Depart- not as important. Most Americans I had the opportunity to meet with ment, but also at the White House, the don’t care whether the Director of the some of the families of these fallen of- Federal Bureau of Investigation, and FBI is a Republican or Democrat; they ficers to express our appreciation, to across much of this administration. just want him or her to be committed express our respect for them and the We should all agree that it is more to upholding the law, not a political sacrifices that they bear. It takes cour- important than ever that the Justice position. age to wear the badge, and those offi- Department be led by public servants Every lawyer knows that, when you cers wear the badge day in and day out. with independence and integrity. Un- are considering a legal question, you They knew what they were getting fortunately, President Trump’s Attor- begin with a statute or regulation at into. Yet they wore that badge; they ney General and Deputy Attorney Gen- issue. The relevant regulation, found in died wearing that badge. eral have failed this test. I did not ex- the Code of Federal Regulations, is Although these heroic men were pect Attorney General Sessions to worth reading in full. taken from us, their examples can show independence from the President, I ask unanimous consent that the never be taken away and will not be. which is why I voted against his nomi- regulation be printed in the RECORD at Ohioans are going to remember them nation. the conclusion of my statement. as models of bravery and service, as ex- But I had higher hopes for Deputy amples of fellow citizens who, on behalf Attorney General Rod Rosenstein. Mr. The rule requires that an inde- of all of us, were in the habit of walk- Rosenstein’s role in the dismissal of pendent special counsel be appointed if ing into danger rather than running FBI Director Comey and his willing- three conditions are met. away from it. ness to provide pretext for President The first condition is that a ‘‘crimi- We have an opportunity to do some- Trump’s interference in the Bureau’s nal investigation of a person or matter thing that will make a difference for ongoing Russia investigation has pre- is warranted.’’ This is not an open our police officers by supporting the cipitated a crisis of confidence in the question in this instance—there is al- Police Week resolution that the House Department. ready an active investigation. and the Senate are working on. I urge The Senate must take steps to re- The second condition is met when an all of my colleagues to support it, and store the independence of the Depart- investigation by the Justice Depart- I am sure they will. I think we need to ment of Justice. After reviewing her ment ‘‘would present a conflict of in- show our men and women in blue, who record and hearing her testimony at terest for the Department or other ex- are on the frontlines, that we do appre- her confirmation hearing, I am not traordinary circumstances.’’ If Mr. ciate them. confident that Rachel Brand is up to Rosenstein, a political appointee, were There is also legislation that can be that task. Like so many of the Presi- to lead this investigation, he may be supported. Most recently, with the ma- dent’s nominees, she carries a heavily forced to investigate both his imme- jority whip, I introduced legislation skewed, pro-corporate agenda that diate supervisor, the Attorney General, that is called the Back the Blue Act. It would do further harm to the Justice and the President. That is the defini- is very simple. It says, if you target Department and its independence. tion of a conflict of interest. That law enforcement officers, you are going Ms. Brand has long championed de- alone is enough. regulation and the rolling back of vital to have to pay a very high price. That But in this investigation, extraor- environmental, consumer, and labor is appropriate. We think the Back the dinary circumstances abound. Last regulations protecting the American Blue Act, which would increase pen- week, the President admitted that he people. Ms. Brand has justified indis- alties on those who would attempt to fired the official leading this investiga- criminate surveillance of Americans harm or kill a police officer, is going to tion because of ‘‘this Russia thing.’’ and defended broad assertions of Exec- make a difference because it will send His Deputy Press Secretary then said, utive power. She even refused to say a strong message and help deter some ‘‘We want this to come to its conclu- whether she would recuse herself from of these crimes. Ultimately, I think sion. . . . And we think that we’ve ac- matters involving the Chamber of that it will make our heroes in blue tually, by removing Director Comey, Commerce and the Chamber Litigation safer and help save lives. taken steps to make that happen.’’ Center, her current employer. I cannot Again, I urge my colleagues to join Yesterday, we learned that President support a nominee who lacks an inde- me in the wake of this terrible tragedy Trump may have also pressured the pendent voice. I will therefore vote we had in central Ohio. I know the peo- FBI Director to close the investigation against her nomination. ple of Ohio are looking for Congress to into Michael Flynn’s contacts with RUSSIA INVESTIGATION stand tall and to stand with our police Russian officials. If these are not ‘‘ex- Mr. President, every day seems to officers and to thank them for what traordinary circumstances,’’ then bring new, disturbing revelations in- they do to protect us every day. those words have no meaning at all. Let’s support this Police Week reso- volving this President and his adminis- lution. Let’s support the Back the Blue tration. I almost hesitate to say ‘‘every The third condition is met when ‘‘it Act. Let’s do everything we can to en- day’’ because sometimes it is every would be in the public interest to ap- sure that our police officers know that hour. point an outside Special Counsel.’’ I we are with them—that we are at their Yesterday’s report that the President cannot recall a more serious national side—as they do their job every day to pressured former FBI Director Comey security investigation. Russian inter- protect us. to terminate the ongoing investigation ference in our election, possible collu- Mr. President, I yield the floor. into Michael Flynn is extraordinary. If sion with the Trump campaign and ad- The PRESIDING OFFICER. The Sen- true, the President’s conduct could ministration, and the President’s re- ator from Vermont is recognized. warrant charges for obstruction of jus- peated assaults on the rule of law have Mr. LEAHY. Mr. President, pending tice. eroded trust in our democratic institu- before the Senate is the nomination of Now, the notion that the Russia in- tions like nothing I have seen. Accord- Rachel Brand to be the Associate At- vestigation could be led by a political ing to the President’s own statements, torney General of the United States— appointee of this President, who serves this investigation has been repeatedly the United States, not of the President. at the pleasure of this President, is compromised by political interference. We once had an Attorney General preposterous; yet Senate Republicans Because all three conditions are met, who told us on the Judiciary Com- have attempted to justify Deputy At- the Deputy Attorney General does not mittee that as a member of the Presi- torney General Rosenstein’s failure to have a choice in this matter. It is not dent’s staff, it is not the Secretary of appoint a special counsel. Their argu- discretionary. The regulation requires Justice; it is the Attorney General of ments are wrong. I want to take a few that Mr. Rosenstein appoint a special the United States. minutes to explain why. counsel. Each minute that he refuses

VerDate Sep 11 2014 00:53 May 18, 2017 Jkt 069060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G17MY6.042 S17MYPT1 SSpencer on DSK7TPTVN1PROD with SENATE S2996 CONGRESSIONAL RECORD — SENATE May 17, 2017 to follow this rule, he further dimin- share with everyone here today. The there is no freedom without security. ishes the integrity of this investiga- story goes that there were three can- We are so used to this basic fact—that tion, as well as the integrity of the dles burning on a porch right across for most of us, most of the time we are Justice Department itself. the street from the Cornwell Funeral safe—that we forget how remarkable it I would ask anyone who still claims Home in Dardanelle, AR—my home- is. Not so many people on God’s green that a special counsel is not required town, just a couple blocks away from Earth can take that safety for granted. to reconcile their opinion with the Jus- my home. A family had lit them in the We often forget what it takes to secure tice Department rules. We may dis- memory of the three people who were it. We forget how easily we can lose agree on policy matters, but I hope we brutally murdered last week in it—and lose men and women like Lieu- all agree on the supremacy of the rule Chickalah, just a few miles outside of tenant Mainhart—in an instant. of law and that no person and no Presi- Dardanelle. It is with this in mind—this grave dent should be above it. One of those slain was Lieutenant understanding of what our safety re- I know some Republicans have ex- Kevin Mainhart of the Yell County quires—that I once again speak against pressed concerns about the integrity of Sheriff’s Department, who was killed continued efforts to water down Fed- this investigation in public, and many after he stopped a man wanted in a do- eral sentencing laws. I thought this ill- others have expressed it to me pri- mestic disturbance. In honor of his 5 advised idea had expired last year, es- vately. At this critical time, we cannot years of service to Yell County—on top pecially after Donald Trump’s election. stand on the sidelines. We have a con- of the 20 years of service he rendered to But advocates for criminal leniency stitutional requirement to act as a the West Memphis Police Depart- are at it again, even though violent check and balance on the conduct of ment—his fellow officers escorted in crime continued to rise in our cities for the President. That starts with joining their cruisers the white hearse car- 2 years straight, and law enforcement the call for a special counsel. rying his body from the State crime officers are being killed in the line of Mr. President, I love the Senate. I laboratory in Little Rock back to duty. think of the Senate as a place that can Dardanelle. I have already made my position be the conscience of our Nation. But The family across the street had lit a clear. If we want to take a second look more than that, I love the system of green candle, specifically for Lieuten- at punishments for first-time drug pos- government where we have real checks ant Mainhart, and the three candles session, let’s do that. But we should and balances. I respect the executive burned all the night. But as the hearse know that fewer than 500 people are in branch, the legislative branch, and the pulled into the funeral home, the green Federal prison for such offenses. If we judicial branch, but in my decades candle suddenly went out. want to clean up our prisons, rehabili- here, I have never seen such an assault You could say that it was nothing tate felons, and help them achieve re- by the President of the United States more than a strange coincidence, but I demption, by all means, let’s do that, on the integrity and the independence think there is something especially too. I would even consider a bill to of our Federal court system; the as- poignant about the sudden, tragic loss speed up review of inmates’ applica- sault on our free press, including the of Lieutenant Mainhart’s life so close tions for pardons and commutations, to suggestion that we should pass new to National Police Week, which began help the President exercise this con- libel laws to go after members of the on Sunday. Like that green candle, stitutional authority. But we should press who might dare criticize this ad- Lieutenant Mainhart lit up his commu- not—we should not—lower mandatory ministration; or the assault, of course, nity, and, like that flickering flame, minimums for violent crimes, repeat on the Congress; or the pitting of one his life was too brief. offenders, and drug trafficking. There religion against another—this under- Like every American this week, I is nothing compassionate about put- mines everything that has kept this wish to pay my respects to Lieutenant ting the lives of innocent people—and nation strong. It is not just our weap- Mainhart and the noble profession he our law enforcement officers—at risk. ons and our military. As General Clap- chose. One of the things which struck Lieutenant Mainhart isn’t the only per indicated the other day, if we break me about Lieutenant Mainhart’s death one. There were three police officers down our institutions of government, if was that it came so early in the morn- killed in the line of duty last year in we let them attack each other and ing. The stop occurred at 7:18 a.m. He Arkansas: Robert Barker in the break each other down, then they lose had the whole day and his whole life in McCrory Police Department, William credibility, and we as a country suffer. front of him. Cooper in the Sebastian County Sher- Our Nation is too great for this, and He was only 46 years old, but he had iff’s Office, and Lisa Mauldin in the we Senators in both parties have to made the most of his time on this Miller County Sheriff’s Office. Every stand up and help bring the country Earth. He was a husband, a father, an one of these losses was too steep a back together. Air Force vet, a beloved member of our price to pay, and unwise criminal leni- There being no objection, the mate- community. Hundreds of people don’t ency policies put at risk their fellow rial was ordered to be printed in the line the streets for just anybody. Yet, officers and our communities. RECORD, as follows: in a moment, he was gone—his family I know it is considered old-fashioned 28 C.F.R. § 600.1 GROUNDS FOR APPOINTING A bereft, our community in mourning. It to be tough on crime—or, even worse, SPECIAL COUNSEL. is a reminder of how precious and frag- cold-hearted and mean. But a man The Attorney General, or in cases in which ile every life really is. doesn’t put a lock on his door because the Attorney General is recused, the Acting It also goes to show just how brave Attorney General, will appoint a Special he hates those on the outside. He does Counsel when he or she determines that every police officer really is, because it because he loves those on the in- criminal investigation of a person or matter this is the risk they take every morn- side—his wife, his kids, all his family— is warranted and— ing. They put on the uniform, they kiss because they are the joy of his life. The (a) That investigation or prosecution of their families good-bye, and they go to men and women of law enforcement that person or matter by a United States At- work, never fully certain they will get don’t just protect their own families— torney’s Office or litigating Division of the home that night. Yet the ever-present they protect all of our families. Every Department of Justice would present a con- threat of death doesn’t hold them flict of interest for the Department or other day those men and women put their extraordinary circumstances; and down. It doesn’t hold them back. It lives on the line for their fellow citi- (b) That under the circumstances, it would doesn’t dim the brilliance of their serv- zens. The least we can do is to stand be in the public interest to appoint an out- ice. They give it their all, day after behind them and support them, both side Special Counsel to assume responsi- day, without giving it a moment’s for the work they do and for the lives bility for the matter. thought. That, to me, is the ultimate they lead. Mr. LEAHY. I yield the floor. sign of character—when you do the I yield the floor. The PRESIDING OFFICER. The Sen- right thing without even thinking I suggest the absence of a quorum. ator from Arkansas. about it. The PRESIDING OFFICER. The NATIONAL POLICE WEEK People like this are hard to come by. clerk will call the roll. Mr. COTTON. Mr. President, over the The sad truth is, we need a lot of them. The senior assistant legislative clerk weekend I heard a story I wanted to A free country always does, because proceeded to call the roll.

VerDate Sep 11 2014 00:53 May 18, 2017 Jkt 069060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G17MY6.043 S17MYPT1 SSpencer on DSK7TPTVN1PROD with SENATE May 17, 2017 CONGRESSIONAL RECORD — SENATE S2997 Ms. KLOBUCHAR. Mr. President, I fore. It happened in the last few Russia. We also know he then lied to ask unanimous consent that the order months, of course, but it all came out the Vice President of the United States for the quorum call be rescinded. in the last 48 hours. about it. Those things happened during The PRESIDING OFFICER. Without The American people are looking to the campaign and during the transi- objection, it is so ordered. Congress for answers in the face of this tion. RUSSIA INVESTIGATION assault on our democracy. It is our job Last week, former Acting Attorney Ms. KLOBUCHAR. Mr. President, I to give them the answers they deserve General Sally Yates and former Direc- rise today to discuss the recent firing and to right this ship. That is why I tor of National Intelligence James of FBI Director Jim Comey and Rus- continue to call for a special pros- Clapper reminded us—I was there in sian interference in our democracy. ecutor. Ever since the Attorney Gen- the Judiciary Committee—they re- Jim Comey was my law school class- eral had to recuse himself because of minded us that on the very day that mate, and I know that in my State he his own meetings and ties with Russia President Obama imposed those sanc- has a lot of respect from our agents and ever since this mess kept getting tions, that was when General Flynn— and also from law enforcement in gen- messier, I have been calling for a spe- the former National Security Advisor; eral in our State. cial prosecutor. I believe that is the the person charged with the most sen- When we had the stabbing in the mall way to go. sitive matters of U.S. national secu- in St. Cloud, MN—it was just with our Also, I have long called for an inde- rity—was contacted—the Ambas- police chief from St. Cloud—it was the pendent commission, and this is for a sador—and then he later lied to the FBI that came in and helped at the different purpose. As the Senate Intel- Vice President about that contact. crime scene and with other things, be- ligence Committee continues its bipar- I actually asked them specifically cause for a smaller police department tisan work, a special prosecutor and that after the fact that Flynn knew he it is difficult to deal with something the FBI would get to the bottom of any was on tape, that they knew that, that like that and because they also had criminal investigation. To me, the pur- there was a tape of him saying one work to do working with the commu- pose of an independent commission thing to the Russians and then another nity to calm people. would be to set the rules of the road so to a high-ranking official in America— The result was a good one because of that this doesn’t happen again and so that would be the Vice President—I the courageous work of an off-duty po- our country can protect itself. This asked them if that was material for lice officer. While people were injured, would be a panel of experts appointed blackmail. They both said definitively no one was killed, and the investiga- by both sides. Their focus could well be that it was. tion was completed. to take these facts but to put them Yet, when Sally Yates went to the This is just one example of the work into a future election, as in, what do administration twice for two formal the FBI has done when Director Comey we do when campaigns get information meetings with other people—this was in charge. I think we focus very that clearly is from a cyber attack wasn’t just a little heads-up at a cock- much on what goes on in this town, but from a foreign power? tail party; she actually went to the there are a lot of agents and law en- Our Founding Fathers have said that White House to inform them that she forcement out there who have deep re- our elections are precious and that believed the National Security Advisor spect for him. they should be protected from foreign had been compromised. What hap- Last week, when Director Comey was powers. Way back then, they were pened? They let him stay on for 18 fired, I came to the floor and said that thinking of Great Britain. Now we are days. And 2 days in, he was on an in the recent months foundational ele- thinking of Russia. Next time, it could hourlong call between Vladimir Putin ments of our democracy—including the be another country. We should have and the President of the United States rule of law—have been questioned, some rules of the road. of America. challenged, and even undermined. It is not that long ago that—I re- Then, of course, we have the fact Today I return to the floor with the member when Presidential campaigns that the Attorney General was forced same concern. would be given some information that to recuse himself from any involve- In the last 48 hours alone, we have they weren’t supposed to get from the ment with the Russia investigation be- learned that, in addition to sharing top opposing side, and they would actually cause he met with the Russian Ambas- secret intelligence information with return it to the opposing side. We could sador. Russia without checking about it go back to that kind of day. I will note that he met with the Rus- ahead of time—and we know Presidents We could also have the media have sian Ambassador just a few days after have the right to share information some rules of the road. Look at what President Obama and President Putin and declassify it, but in instances of happened with the recent French elec- had met at an international meeting. which we are aware, the President tion when there was a cyber attack At that meeting and then publicly checks with intelligence agencies there. The media didn’t put out every President Obama had said: No, I am ahead of time. Was this shared with an rumor and everything they got out of not pulling back these sanctions. Then ally? No. This was shared with Russia, that cyber attack; they showed some what happens? Jeff Sessions, who was a country that 17 intelligence agencies discretion. closely affiliated with the Trump cam- in the United States of America estab- Those are the kinds of things we paign, a surrogate for the campaign, lished was trying to undermine our could do with an independent commis- goes and meets with the Russian Am- election; Russia, which was found re- sion in addition to factfinding. bassador. sponsible for trying to shoot down and I will start with this special pros- Because of that and some things that successfully brought down a plane, ecutor. The stack of reasons why we happened in his confirmation hearing, killing innocent people in Ukraine; the need a special prosecutor is getting he has now recused himself from any same regime that has poisoned dis- higher and higher every day. Aides and matters regarding the investigation be- sidents; the same regime that has put surrogates of the Trump administra- tween Russia and this administration people to death for simply expressing tion during both the campaign and in and the campaign. an opinion that is different from Vladi- the transition were in contact with of- In addition to the recusal, we have mir Putin’s. That is the country with ficials from a foreign government that seen two people resign, as I noted: the which the President chose to share this was actively working to tear our de- campaign manager, the campaign information. mocracy apart. That is pretty much es- chair, and the National Security Advi- What else happened in the last 48 tablished. sor. The one thing they have in com- hours? Well, President Trump allegedly We know that the campaign chair for mon is Russia and President Trump. urged Director Comey—this news the Trump campaign had to step down We have seen three people fired. One dropped in the last 48 hours—to end the because of his ties to Russia. We know is Sally Yates, who was the Acting At- investigation into ties between Russia that General Flynn was on the phone torney General of the United States. and General Flynn and to put reporters with the Russian Ambassador on the While the reasons given for her firing who publish classified leaks in prison. very day President Obama declared he were, of course, related to the refugee This was information I didn’t know be- wanted to expand sanctions against order, in fact, she was fired on the very

VerDate Sep 11 2014 02:29 May 18, 2017 Jkt 069060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G17MY6.045 S17MYPT1 SSpencer on DSK7TPTVN1PROD with SENATE S2998 CONGRESSIONAL RECORD — SENATE May 17, 2017 same day she had gone to the White When I came back from my trip with tinue doing this. We do not need to em- House to talk to them about General Senator MCCAIN and Senator GRAHAM bolden them. Flynn. We have Preet Bharara, who to Ukraine, the Baltics, and Georgia, I What message does it send when the was fired after saying he could stay on. made it very clear—I remember speak- President urges the person in charge of He was the U.S. attorney in Manhat- ing to my colleagues about this—that the investigation into Russia’s election tan, in a very major position to inves- what we saw there made me even more interference to let it go? It is not one tigate these kinds of issues and crimes. concerned about the finding of our in- of vigilance in seeking the truth and And then, of course, we have Jim telligence agencies because those coun- fighting against a foreign adversary. Comey. The one thing they all have in tries have seen this movie over and An independent commission of non- common is that they were all inves- over again where Russia has cyber at- partisan experts can get to the bottom tigating various facets of this. tacked them. It happened in Lithuania of this and tell us how we can prevent In fact, Director Comey, as I noted— just because they had the audacity to this from happening again. They can who had gotten support and respect invite members of the Ukrainian Par- provide recommendations to help pre- from law enforcement—was fired the liament from Crimea, who were in exile vent future attacks on our democracy same day Federal prosecutors issued in Kiev, for their 25th anniversary, and from being successful. grand jury subpoenas to Michael they got hacked into. It happened in In addition to a special prosecutor Flynn’s associates, just days after Estonia, where they moved a bronze and independent commission, we also Comey requested more resources, ac- statue out of a public square and into need our congressional committees to cording to news reports, to carry out the cemetery with other statues of sol- continue to exercise their oversight au- the Russia investigation, and 2 days be- diers. But this was a Russian soldier. thority. Since the election, we have fore he was scheduled to testify pub- The Russians didn’t like it. This was in heard a lot about the three branches of licly before the Senate Intelligence 2007. What did they do? They shut down government and our system of checks Committee, where Members of that the internet for the entire country. and balances. One of the fundamental committee were going to ask him This is not just a single incident in- jobs of Congress is to closely oversee about Russia. volving one candidate or one political the executive branch to ensure that the Think about it. The independent gov- party or one election or even one coun- law is being properly followed and en- ernment officials who are charged with try; this is something widespread. It is forced. That means we need congres- getting to the truth, no matter where an attack on democracy. sional committees to continue their in- it leads, were fired. And the President That is why, when I came back from vestigation into Russian inference in of the United States reportedly now— that trip, I stood with Senator CARDIN our political system. We have subpoena and this is what we have learned in the and House Members ADAM SCHIFF and power for that reason, and we need to last 48 hours, and of course we want to ELIJAH CUMMINGS to stand up for a bill, use it. There are tapes. The President get to the bottom of the evidence, but which has a number of other sponsors, says there may be tapes. Of course, re- according to news reports, he urged the to create an independent, nonpartisan dact the classified information. We FBI Director to end the investigation commission to uncover all the facts don’t want to hurt anyone any further into the ties between Russia and Mike and make sure future elections and po- from what has been happening in the Flynn. litical campaigns are safeguarded from last few weeks. But we should see the We owe it to the American people to foreign interference. transcripts. We should have the tapes. get to the bottom of what is going on For months, U.S. intelligence agen- There is bipartisan support for turning here. It is our job to get to the bottom cies—17 of them—have said that Russia over this material, including the of this. The President can’t fire Con- used covert cyber attacks, espionage, memos prepared by Director Comey. gress. He can fire the Acting Attorney and harmful propaganda to try to un- (Mr. LEE assumed the Chair.) General. He can fire the FBI Director, dermine our democracy. Reports show Today Senators GRASSLEY, FEIN- although I think it is very important it. The facts prove it. Some $200 mil- STEIN, GRAHAM, and WHITEHOUSE sent a that we get to the bottom of why the lion dollars was spent alone on Russian letter to the FBI and White House FBI Director was fired and whether it TV on our own election. Much of it was Counsel requesting these documents. was for the reasons that were given in passed out on the internet. Many of my colleagues on both sides of the memo that was prepared by the Last week, the former Director of the aisle understand the importance of Justice Department or whether it was National Intelligence, James Clapper, doing our jobs to get to the bottom of because of what President Trump has testified that Russia will continue to this. The ongoing bipartisan Intel- said—that it was related to Russia—or interfere in our election system. This ligence Committee investigation is whether was because at one point he is what he said: vital to addressing the covert and clas- said he wasn’t doing his job, which is I believe [Russia is] now emboldened to sified aspects of Russian interference, not what I have heard from agents on continue such activities in the future both but we also need transparency because the street. The one group the President here and around the world, and to do so even the American people deserve to know cannot fire is right here in this room. more intensely. If there has ever been a clar- as much as possible about what hap- The President cannot fire the U.S. Sen- ion call for vigilance and action against a pened and how we are going to prevent ate. The President can’t fire the House threat to the very foundation of our demo- it in the future. of Representatives. He is not above the cratic political system, this episode is it. That is why I fully support the Judi- law. Vigilance. He said that Russia felt ciary Committee hearings that Sen- This administration cannot inves- emboldened by what happened. What ators GRAHAM and WHITEHOUSE have tigate itself. We have the ongoing and happened in the last 48 hours? We find held in the Subcommittee on Crime important investigation led by bipar- out that he had given high-level intel- and Terrorism. I also believe, as a tisan leaders, Senator BURR and Sen- ligence to the Russians before we gave member of the Judiciary Committee, ator WARNER. That is important and it to any of our allies, before we that if the Director is to testify— must continue. We also need a special checked it out with intelligence agen- former Director Comey—he should prosecutor to look into the President’s cies. That actually emboldens them. come before the Judiciary Committee most recent conduct and all contacts We find out that, in fact—because Di- because these are matters related to between Trump campaign aides and rector Comey kept such meticulous his service as an FBI Director. They surrogates and Russian officials during notes, we find out that allegedly the are related to the justice system, to the campaign, the transition, and the President asked him to discontinue the the criminal justice system, and we administration. This prosecutor must investigation into General Flynn. What should hear from him. be fair and impartial and completely does that do? That emboldens Russia I hope Senator GRASSLEY has re- unattached to either political party. even more. quested that he come before our com- Above all, this prosecutor must be What former Director Clapper was mittee. I am aware that the Intel- comfortable speaking truth to power. telling us was that we need vigilance. ligence Committee also would like him In addition to a special prosecutor, We need oversight. We need to send a to come, but I think it is important, we need an independent commission. clear message that they cannot con- given the substance of what is at issue

VerDate Sep 11 2014 02:29 May 18, 2017 Jkt 069060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G17MY6.052 S17MYPT1 SSpencer on DSK7TPTVN1PROD with SENATE May 17, 2017 CONGRESSIONAL RECORD — SENATE S2999 here. Yes, he should appear before In- day out, sometimes we go an entire day County Chamber of Commerce, David telligence about ongoing matters re- or week without talking about the peo- Connell. This is the kind of guy you lated to the Russian investigation, but ple who make America work: the entre- really appreciate. He worked for 40 there is also the issue of the fact that preneurs, the employees, the employ- years at the Georgia Power Company. he was fired. We heard one thing in a ers, the people who run the businesses, He had 12 different titles in 40 years. memo from the Justice Department, pay the taxes, and employ the citizens He was a great employee of that com- we heard one thing from the White who make this country go. pany, a great member of the commu- House, we heard another thing from Today, I rise to talk about two citi- nity of Cobb County, a great private the White House, and then we heard zens from my home county, Cobb Coun- citizen, and great personal friend of another thing from the President. That ty. First is David Hankerson. David an- mine. is all true. We need to get to the bot- nounced this week his retirement after After 40 years of working there and tom of this. being employed by our county for 33 retiring, the county had a big problem. On Monday, Republican Senator BOB years. He came to the community de- The chamber of commerce had a scan- CORKER said that the administration velopment department of the county 33 dal. It couldn’t find a leader and was was in a ‘‘downward spiral.’’ He used years ago, and 11 years later, he be- losing its effectiveness. David volun- the word ‘‘chaos.’’ That was before we came the first county manager of the teered to go in as a chamber board even knew that the President may county and served in that position for member and spent 1 year as chamber have urged the FBI Director to end the a record 24 years. During that time, the leader. He stayed there 15 years and led Russia investigation and put reporters county doubled, not just in its popu- the chamber to new heights unprece- in prison. This is an unprecedented lation, but tripled and quadrupled in dented in our State and in our county: time in our country’s history. its revenue. It did new and different an AAA bond rating in our county, new The Presiding Officer, having written and innovative things. As tax rates businesses coming and relocating, and a book on the Constitution, knows that went down, productivity went up. Its even the now-famous relocation of the one of our jobs is to stand by that Con- popularity as a place to locate became Atlanta Braves from downtown At- stitution. Yet we are witnessing a sin- preeminent. He is one of the shining lanta to suburban Cobb County—one of gular moment of constitutional and stars in the State of Georgia today, in the rare moves a professional team has democratic unease. Cobb County. ever made smoothly and easily. They On this day in 1973, the Senate Select I rise for a special reason to pay trib- made it because of David Connell. Committee on Presidential Campaign ute to David Hankerson, however, be- David will tell you that when the Activities began televised hearings on cause he represents something I was a chamber board found out the Braves Watergate. One week later, Professor part of in 1984. At the time he was were interested in maybe talking about Archibald Cox was sworn in as special being hired, I did not know him as an building a $750 million facility in the Watergate prosecutor. Like Director employee for the county; I was in the county, they asked David if he would Comey, who was leading the investiga- State legislature, trying to change the stay until that was accomplished. He tion into Russian interference in our government for our county from an made the commitment to do so, and it election, Archibald Cox was eventually elected CEO to an appointed county took 31⁄2 years—31⁄2 long years. It was a fired by the President for doing his job. manager, a professional operator of the lot of effort, all in a circuitous nature The night that Archibald Cox was fired county. That had not been done in because of the popularity of the Braves by President Nixon for investigating Georgia. In other parts of the country, and what would have happened had it Watergate, he said: ‘‘Whether ours it had been done successfully. You had gotten out as a rumor that they were shall continue to be a government of continuity of leadership—someone coming. laws and not of men is now for Con- whose job was to be a good leader, who David closed that deal this year. The gress and ultimately the American peo- wasn’t an elected politician, someone Braves opened this season in a new sta- ple.’’ He was right. who could do the job. dium. With three-quarters of a billion The American people deserve a thor- David Hankerson was hired to do dollar investment having been made, ough, independent investigation into that job in Cobb County, GA. He did the county is more prosperous. David whether this administration obstructed one of the most remarkable jobs any- Connell made it happen. justice and the extent of Russia’s inter- one has ever done. In fact, the great He announced this week that he is re- ference in the 2016 Presidential elec- testimony is that every year since he tiring after 40 years at the power com- tion. They need to know it because we was there—24 years ago as county man- pany and 15 years at the Cobb County are a democracy. We don’t hide things ager—someone has tried to hire him Chamber of Commerce. like this. We get the facts. We get the away from Cobb County. Every year he I want to take a moment on the floor truth, the whole truth, and nothing but decided to stay because he once had of the Senate to say thank you to the truth. That is what our democracy said: I have made a commitment. As David Connell for what he has done for is about, and that is what our justice long as the commitment is returned by our county and our community, for our system is about. But they also need to the community to me, I am going to citizens and our families, and how know it because our democracy is the stay and see it through. proud I am as one of his friends. I basis of our freedoms. If we don’t pro- On this day, as I rise on the floor of thank him for a job well done. tect our democracy in the coming elec- the U.S. Senate to pay tribute to David David, thank you. We are proud of tions, then we hurt those freedoms. Hankerson, I pay tribute equally to all you. God bless you, and God bless the The only way we figure out how we are those who make our government work, United States of America. going to protect that democracy is get- our businesses work, our communities I yield back. ting to the bottom of the truth, so we work, and our country work, to the The PRESIDING OFFICER. The Sen- can figure out how to prevent it from men and women laboring in the fields ator from Colorado. happening in the future. This is not a and toiling in the vineyards, working WELCOMING BACK SENATOR ISAKSON partisan issue; this is an American in the shops, working in the offices Mr. GARDNER. Thank you, Mr. issue, and Americans deserve answers. who make America the great country President. Thank you, Mr. President. it is today, and to the great chambers It is great to have our colleague from I yield the floor. of commerce that make it happen as Georgia on the floor of the Senate once The PRESIDING OFFICER. The Sen- well. again, doing the outstanding job that ator from Georgia. I pay great tribute to David he has always done for the people of TRIBUTE TO DAVID HANKERSON AND DAVID Hankerson and thank him for the con- Georgia, recognizing the great individ- CONNELL tribution and sacrifice he made to the uals back home who make Georgia Mr. ISAKSON. Mr. President, we de- people of Cobb County, GA, and the such a great State, and we are just bate a lot of heavy things in the United State of Georgia. blessed to have him here. I thank him States Senate. We make tough deci- Mr. President, I would like to pay for his continued service for the people sions. Decisions of the fate of our coun- tribute to one other Georgian, the re- of Georgia and the people of this coun- try lie in the balance. But day in and tiring chairman and CEO of the Cobb try.

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NATIONAL POLICE WEEK honor and celebrate the men and Americans are very familiar with the Mr. President, I rise to talk about women protecting us this week, we difference between those two justice the sea of blue that is in Washington, must also remember our fallen heroes. systems. We saw the difference after DC, this week. Monday was National Their courage is unparalleled. They the worst financial crisis in a genera- Police Day. This week, we celebrate went to work each and every day fac- tion, when Wall Street tycoons who National Police Week. Law enforce- ing risks that most of us find unimagi- gambled away the life savings of work- ment personnel—men and women from nable, never expecting their end of ing Americans walked away free as a around the country—are in Washington watch to occur on that day. bird. We saw it in the War on Drugs to share their incredible commitment, In Colorado and across the country when countless Black and Brown peo- their stories of sacrifice, courage, and last year, tragedy struck far too many ple were shoveled into prisons, where the work they have done to protect our times. Last year, Colorado lost three they wasted their lives away. communities. Indeed, they are the men in the line of duty, three men who We need to fix this problem. We frontlines of protection for our commu- will never be forgotten by the people of should be devoting every resource we nities. Colorado or their families, their com- have to fixing this problem. That These incredible men and women in munities. starts with the Justice Department, Colorado and across the country put Earlier this week, I met with the the agency responsible for ensuring their lives on the line each and every family of one of these fallen heroes, that nobody is above the law, and ev- day to keep us safe. Corporal Nate Carrigan. Nate Carrigan, eryone—everyone is held accountable. They put their lives on the line each a sheriff’s deputy for Park County, was Unfortunately, it has been pretty and every day to keep us safe. While a role model in the community and clear to me for some time now that they don’t do this work—this sacrifice, someone who took great pride in pro- President Trump’s Justice Department this commitment—selfishly or for cred- tecting the people and the area he is pushing as hard as possible in the op- it or recognition, I think all of us in loved. The pride and love Nate’s family posite direction. For much of President the Senate this week join together have for the work their son did to keep Obama’s second term, prosecutors were when we say that we are happy to see his community safe is unexplainable. allowed some discretion to consider the so many of them in the Nation’s Cap- We also lost a sheriff’s deputy, Derek unique circumstances of each case and ital for this National Police Week. Geer, this past year in Colorado, and make a measured decision about when I will never forget one time when we we lost Cody Donahue in Colorado in to ask for the most serious charge with were out in Colorado and we were at a 2016. All of them were memorialized the maximum penalty or when to ask September 11 commemoration service. this week. We celebrated their lives for less. Our son Thatcher—he is 5 years old this week, and I hope their families It worked. Jail time for low-level now; at the time, he was probably know and recognize that we will al- drug offenses went down. States saved about 4 years old. It was just last year ways hold them and their loved ones in money, and lives were not irretrievably that we walked by a group of police of- our prayers. They will always be a part broken. Last week, that modest ad- ficers who were there working that of our community’s fabric, knowing vance came to an end. Attorney Gen- day. We were talking about the loss of each and every day we rely on them to eral Sessions directed prosecutors to so many first responders and law en- provide our own families with protec- charge individuals with the harshest forcement personnel and that Sep- tion. sentences possible. ‘‘Lock them up’’ tember 11 day in 2001, so many years Mr. President, thank you. seems to be his approach—but not in ago now, it seems. But I remember tell- I yield the floor. all cases. Jeff Sessions sings a very dif- ing our son Thatcher—I said: Thatcher, The PRESIDING OFFICER. The Sen- ferent tune when it comes to white-col- what do we say to police officers? I was ator from Massachusetts. lar crime. He believes corporations thinking his response would be, thank Ms. WARREN. Mr. President, I rise should not be punished for the actions you. I said: You should go tell them in opposition to Rachel Brand’s nomi- of their executives. Don’t punish the that. You should go tell that to the po- nation to the No. 3 spot in the Justice companies for a few bad CEO apples. lice officer. Department. Now, there are many rea- In Jeff Session’s world, we should He walked up to the police officer sons I am opposed to this nomination, throw the book at criminals, unless and he got a little nervous—4 years old. but those reasons are all grounded in a they are rich and powerful. Now, Presi- I said: What do you say, Thatcher? central question facing America today: dent Trump has chosen to somewhat Again, I was thinking he would say: Whom does this government work for? help Jeff Sessions carry out his vision. Thank you. Instead, he looked up at Does it work just for the rich and pow- His choice to be the third highest rank- the police officer and he said: You are erful? Does it work just for the well ing official at the Justice Department a hero. connected? Does it work just for the is Rachel Brand, the nominee for Asso- It kind of choked me up a little bit. billionaire in the White House or does ciate Attorney General. I didn’t say that to him; that was it work for everyone? She is well equipped to carry out something that this 4 year old knew in- One of the worst kept secrets in that soft-on-white-collar-crime ap- stinctively—knew from the work they America is that there are two justice proach. She has extensive experience— had done around communities, the con- systems; one for the rich and powerful years of experience—fighting on behalf versations he has been a part of. At 4 and one for everyone else. The first jus- of the biggest and richest companies in years old, he knew the work they do to tice system is an exclusive club for the world. She spent years leading the protect us. giant corporations and wealthy indi- Chamber of Commerce’s assault on the They are heroes. They show the high- viduals. In that justice system, serious rules that protect working families, est amount of courage one can imag- crimes are punished with a slap on the evidently deciding time after time that ine. They run toward danger without wrist and a small fine. Taxpayers bail it is corporations that should get every hesitation to keep us safe and to pro- out corporations that stole the life sav- break. tect our communities. ings, and wealthy criminals go back to As the head of regulatory litigation We ask an incredible amount of our their lives without missing a beat. of the chamber of commerce, Ms. law enforcement time and again. They The second justice system is for Brand worked to dismantle environ- are answering the call, whether that is those who can’t buy their way out of mental rules that prevent companies a call wondering why someone hasn’t prison time. In that system, minor, from poisoning our air and water. She moved a car for several days, a call to nonviolent offenses are punished with worked to shield financial companies

VerDate Sep 11 2014 02:29 May 18, 2017 Jkt 069060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G17MY6.054 S17MYPT1 SSpencer on DSK7TPTVN1PROD with SENATE May 17, 2017 CONGRESSIONAL RECORD — SENATE S3001 from accountability when they broke VENEZUELA girlfriends, and boyfriends—are on the the law or did not play by the rules. Mr. RUBIO. Mr. President, I come to other side of the protest lines. Their She worked to end the employment the floor today to speak about an fellow Venezuelans are on the other rules that prevent companies from emerging crisis in our hemisphere in side, and they are being tasked to do abusing their workers. the nation of Venezuela. It has been this. If she is confirmed to the No. 3 spot covered extensively in the press. I I just say to them: Remember what at the Justice Department, she can wanted to come today with an update your oath was. To the members of the watch out for giant corporations from and a suggestion, a request of the ad- national guard in Venezuela, remember her perch right inside the government. ministration about a step we can take. that your job is to protect the people of The Brand nomination is just another First of all, I am very pleased that Venezuela, not to oppress them. predictable move from a President who today our Ambassador to the United Beyond what we see there—the inno- clearly believes that one set of rules Nations, Nikki Haley, scheduled a dis- cent people dying because of the dicta- should apply to the rich and powerful, cussion at the U.N. Security Council torship trampling the will of the people and another set of rules should apply with regard to Venezuela. It was not an and destroying their democratic insti- to everyone else. open press discussion. Again, it showed tutions—one of the specific things that We all remember Donald Trump’s extraordinary leadership, and I thank Maduro has done to become a dictator promise during the campaign that he her for her work and for doing so. This is he has undercut and frankly tried to was going to drain the swamp. Well, it deserves attention. wipe out the authority of their Na- is 118 days in, and the swamp is bigger, By the way, Venezuela is a country tional Assembly, which is their uni- deeper, uglier, and filled with more that is blessed with natural resources. cameral legislative body. The way he corrupt creatures than ever. Over the It was once Latin America’s richest has done that is by highjacking the su- last several days, President Trump has country, but today the people of Ven- preme court of the country, and they made it perfectly clear that he believes ezuela are literally starving, its finan- call it the Supreme Tribunal of Jus- he should be above the law. cial system has collapsed, and there tice. It is packed with puppets who do After he fired FBI Director James are, as you have seen from the press re- his bidding. As an example, these pup- Comey, Trump went on national tele- ports, massive protests in the streets. pets recently ruled that they would re- vision and told the world that he fired Its once proud democracy is now in the scind the democratic powers vested to Comey, in part, because Comey was hands of a dictator, Nicolas Maduro, the elected members of the National leading an investigation into ties be- and his cronies and thugs, who have Assembly by the constitution of that tween the Trump campaign, the Trump plunged that nation into a constitu- country. In essence, they ruled that the administration, and Russia. Trump tional crisis. They are using violence National Assembly no longer had legis- said top of mind when he fired Comey and bloodshed to suppress and silence lative authority. The protests were so was ‘‘this Russia thing with Trump.’’ citizens speaking out against the re- massive, even within the government, Now we have learned that he appar- gime’s corruption and its abuse of po- that they had to backtrack from that ently pressured Comey in private meet- litical prisoners. ruling. ings to drop aspects of the Russia in- What the people of Venezuela are Here is what is interesting. This is a vestigation before he fired him. It is a calling for is pretty straightforward: recent opinion piece written by Francis basic presumption of our democracy free and fair elections as called for Toro and Pedro Rosas in the Wash- that politicians cannot interfere with under the Constitution of that country, ington Post which said it best: ‘‘Be- the law enforcement investigations a return to representative democracy— ware Maikel Moreno, the hatchet man into their own potential wrongdoing, the democracy they once had. They are who runs Venezuela’s supreme court.’’ but President Trump openly admitted paying for these requests with their Here is what they wrote: trying to interfere with an ongoing in- blood and even their lives. According Moreno, a former intelligence agent, was to the most recent reports, dozens of tried and convicted of murder in 1987, though vestigation, and he clearly believes the corroborating documents from the court there should be no consequences for people have been killed, including teen- system are no longer available. . . . He spent himself. agers. The Washington Post reported just two years in jail before being released. I understand that President Trump yesterday the recent deaths of 18-year- He was then immediately implicated in a thinks he should be able to decide what old Luis Alviarez, who was killed by a second killing, in 1989, for which he was investigations into his dealings go for- bullet to the chest, and 17-year-old charged but never tried. ward and what investigations get Yeison Mora Cordero, who died from a He was a loyalist of Hugo Chavez, stopped on the spot. I understand that bullet to the head. and he became a judge in the early President Trump thinks he should be There were two reports today in the 2000s. His ‘‘career as a judge hit a snag able to pack his Justice Department press of great interest, one from the in 2007,’’ Toro and Rosas note, ‘‘when full of people who will watch out for New York Times and one from the he was removed from the bench for billionaire CEOs and giant corpora- Washington Post. Both documented the ‘grave and inexcusable’ errors after re- tions. After all, he has packed other plight of members of the national leasing two murder suspects against agencies with similar people. guard who have been tasked with the orders from the Supreme Tribunal. The I understand that is what President job of suppressing the protests in the government handed him a new job as a Trump thinks, but he is wrong. One of street. The gist of the articles was this: diplomat abroad. After a few years out the things that makes our democracy These people who are putting on these of sight, he was appointed a supreme strong is that we believe no one is uniforms—they didn’t sign up for this. court justice in 2014.’’ above the law, not CEOs, not giant cor- They signed up for security. They Then in 2017, Moreno—not once but porations, and not the President of the signed up to protect the people of Ven- twice a killer—was appointed the chief United States. It is up to the Senate to ezuela, not to oppress them. justice of Venezuela’s supreme court. remind the President of that fact. We They, too, are suffering from poor The Venezuelan supreme court is run can start by rejecting the nomination food. There was one article that said by a murderer. Think about that. A of Rachel Brand to serve as Associate that basically breakfast in the morning convicted criminal is presiding over Attorney General. I ask everyone who for the national guard in Venezuela Venezuela’s supreme court. So it is no believes in the promise of equal justice consists of a boiled carrot or a potato, wonder that the court’s members have under the law to do the same. and then they are sent to the streets acted as a rubberstamp for Maduro’s il- (The remarks of Ms. WARREN per- for hours. Then they come back and legitimate power grab, and they have taining to the introduction of S. 1162 maybe have an arepa, which is a corn created a political and a humanitarian are printed in today’s RECORD under cake, and, if they are lucky, some but- crisis. ‘‘Statements on Introduced Bills and ter. They, too, are suffering from this. Venezuelans, as I said, are struggling Joint Resolutions.’’) Here is the most enlightening part of to get basic goods, like food and medi- Ms. WARREN. I yield the floor. this: A lot of their family members— cine, and access to basic services. The The PRESIDING OFFICER. The Sen- their mothers, fathers, brothers, sis- Wall Street Journal reported that Ven- ator from Florida. ters, loved ones, husbands, wives, ezuelans have lost, on average, 19

VerDate Sep 11 2014 02:29 May 18, 2017 Jkt 069060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G17MY6.055 S17MYPT1 SSpencer on DSK7TPTVN1PROD with SENATE S3002 CONGRESSIONAL RECORD — SENATE May 17, 2017 pounds in the last year—not due to the followers of Hugo Chavez—are the You simply can’t make this stuff up. some incredible new diet, but due to new Jews of the 21st century. Basically The level of turmoil and the question- the country’s food crisis. This is stag- he is comparing the Chavistas with the able behavior on the part of this ad- gering. It is appalling. It is unconscion- Jews who were exterminated during ministration are deeply disturbing, not able. It cannot be tolerated. the Holocaust in World War II. These just for Americans but for our allies all The Venezuelan people deserve a re- comments were broadcast on state tel- across the globe. turn to democracy. They deserve a gov- evision last night. It is incredible. We are currently lurching from crisis ernment that respects the rule of law By the way, this is the same man to crisis, and we must pause for a mo- and the constitution. who about a week ago was caught on ment and consider what is at stake; I believe it is the responsibility and camera, with a straight face, asking a namely, the security and the future of the duty of the nations of the Western cow to vote for a constitutional ref- our democracy. Hemisphere, including our Nation, to erendum he is seeking to pass. I don’t My Democratic colleagues and I have help the Venezuelan people. Article 20 even think the cow would support him repeatedly called for a special pros- of the Inter-American Democratic at this point in Venezuela. ecutor to take over all of the Russia- Charter states: Mr. President, I hope President related investigations, and recent In the event of an unconstitutional alter- Trump in the next few days or weeks events show that the need for a special ation of the constitutional regime that seri- will act against these individuals who prosecutor is greater now more than ously impairs the democratic order in a have carried out this coup d’etat ever. It is time to put country over pol- member state, any member state or the Sec- against democracy in Venezuela and itics, and it is time for a transparent retary General may request the immediate have plunged this proud nation and convocation of the Permanent Council to un- and thorough investigation into these dertake a collective assessment of the situa- proud people into a constitutional, hu- concerns. If there is no wrongdoing, tion and to take such decisions as it deems manitarian, and economic crisis. then the President should not be con- appropriate. I yield the floor. cerned about getting the American The PRESIDING OFFICER. The Sen- This is what must be done because if people the truth they deserve. Our con- ator from Michigan. stituents need to have their faith re- we fail to help the Venezuelan people Mr. PETERS. Thank you, Mr. Presi- in their time of need and if the worst dent. stored in our institutions and that will comes to pass, what will follow will not Mr. President, I rise to speak in op- require transparency, integrity, and be confined to the Venezuelan borders. position to the nomination of Rachel professionalism from officials at the The United States as a result, I hope, Brand to be the Associate Attorney Department of Justice. should impose sanctions against cor- General. I joined the vast majority of my col- rupt individuals—not the government, The Associate Attorney General is leagues in supporting the confirmation not the people; individuals—respon- the third-most senior position at the of Rod Rosenstein to serve as Deputy sible for human rights violations, nar- Department of Justice. During these Attorney General with the belief that cotics trafficking, money laundering, troubling times, I cannot in good con- he would bring a voice of reason to the undermining the country’s democratic science support Ms. Brand’s nomina- Department of Justice. The results process. President Obama began that tion. have been, needless to say, dis- process. President Trump actually The American public must have faith appointing. With the current state of sanctioned some additional people ear- in its institutions, and unfortunately this Justice Department, I have no rea- lier this year, including the kingpin that trust is eroding more and more son to believe Ms. Brand will fare much drug dealer who is now the Vice Presi- each and every day. For the first time better. dent of Venezuela, Tareck El Aissami. in recent history, we are facing ques- I urge my colleagues on both sides of Here are some people who should be tions about a significant interference the aisle to consider the very real chal- sanctioned by the current President. from a foreign government in an Amer- lenges we face. This is not an issue of He should target for sanctions Chavista ican Presidential election. Even more partisan politics or the outcome of a officials within the judiciary—all of troubling, there have been serious past election; this is about protecting these magistrates who have enabled questions about a Presidential cam- the sanctity of our democracy from Maduro’s takeover. That includes the paign’s potential collusion with Russia, outside threats. murderer who is the chief justice of a foreign adversary. I believe we absolutely must work to- their supreme court, Maikel Jose We have an idea of the potential gether to restore the credibility and Moreno Perez, and others like him who problem here, and the Justice Depart- the independence of the Justice De- are part of that so-called constitu- ment is supposed to be a part of the so- partment. Until we have an inde- tional group within the supreme court lution. Unfortunately, the recent con- pendent special prosecutor and until of Venezuela, many of whom have ac- duct of the President’s appointees to we are confident that the Attorney cess to money and use visas to travel the Department of Justice have only General is truly honoring his recusal freely within the United States. Among added fuel to the fire. on the Russia investigation, I cannot these names are Calixto Ortega, First, Attorney General Jeff Sessions support another senior political nomi- Arcadio Delgado, Federico Fuenmayor, failed to reveal his communication nation to this Justice Department. Carmen Zuleta, Lourdes Suarez Ander- with the Russians during his confirma- I urge my colleagues to vote no. son, and Juan Jose Mendoza. These are tion hearings. This omission led him to Mr. President, I yield the floor. the people who have helped in this coup publicly pledge to recuse himself from The PRESIDING OFFICER. The Sen- d’etat that has canceled the demo- Russia-related investigations. ator from Arizona. cratic order in Venezuela, and they Then, in an inexplicable turn of NATIONAL POLICE WEEK should be punished for what they have events, the Deputy Attorney General Mr. FLAKE. Mr. President, in light done. and the Attorney General advised the of National Police Week, I rise today in I will close by pointing to two things President to fire former FBI Director support of our men and women serving that are of deep concern. The first is Jim Comey, who we know was in the in law enforcement. this report today in El Nuevo Herald in midst of investigating the Trump cam- Police week is a good time for reflec- Miami, which basically cites that paign’s relationship with Russia. Let tion and remembrance. It is a time to Maduro has now ordered the militariza- me be clear: That was a firing that the honor those who serve and protect us. tion of a border region with Colombia. President himself admitted was related While we honor our dedicated law en- We are concerned about that because to ‘‘the Russia thing.’’ forcement officers this week, I want, we have always feared he would create Then the day after firing Director specifically, to recognize those fallen some sort of a military pretext to dis- Comey, the President revealed highly officers who have given the ultimate tract people from the crisis within the classified information to Russian offi- sacrifice—their lives—for our safety. country. cials during a meeting in the Oval Of- In Arizona we lost three officers this Then there is this unusual behavior fice—a meeting that, I may add, was year: Officer Leander Frank of the on the part of Maduro. For example, closed to the American press but oddly Navajo Nation Police Department, Of- yesterday he said that the Chavistas— included only the Russian press. ficer David Van Glasser of the Phoenix

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The names of these fall- these fallen heroes and pledge to never It has been my privilege to work on en heroes will be physically inscribed forget their sacrifice. this effort with the Arizona Sheriffs into the National Law Enforcement Of- While the work we do in Congress Association, the Western States Sher- ficers Memorial, set in stone as an pales in comparison to the service of iffs’ Association, the Southwest Border eternal reminder to the Nation of the these brave men and women, it is my Sheriff’s Coalition, and the Texas Bor- service of these men and the debt we privilege to sponsor several pieces of der Sheriff’s Coalition. I want espe- owe for their sacrifice on our behalf. legislation to support our law enforce- cially to thank Sheriff Mascher of That debt, of course, can never be re- ment officers. I have joined with Sen- Yavapai County, Sheriff Daniels of paid, but it is certainly our duty to try. ator HATCH to introduce the Rapid Cochise County, Sheriff Wilmot of As Americans honor these men dur- DNA Act, a bill that gives State and Yuma County, and Sheriff Clark of ing National Police Week, we must also local law enforcement agencies a way Navajo County for their work on this remember their families, friends, and to upload a suspect’s DNA analysis to a bill. fellow officers and the loved ones they Federal offender database for imme- To many, Police Week is an annual left behind. May God comfort them in diate identification. This immediate opportunity to recognize the service of their time of grief and be a source of cross-hit within the Federal system the many selfless men and women in strength for them. May He also protect will help officers at the local level to law enforcement, but it should also all those who continue to serve and to process criminals faster and more ac- serve as a solemn reminder of the risks stand today in harm’s way to protect curately. they take and the sacrifices they make our communities. I have also teamed up with Senator day in and day out. It is for this that An inscription at the memorial FEINSTEIN to introduce the bipartisan they have my support, my respect, and reads: ‘‘In valor there is hope.’’ The Protecting Young Victims from Sexual my thanks, and they have it year- losses of Brad Lancaster, Robert Abuse Act. That legislation criminal- round. Melton, and Brandon Collins have im- izes the failure to report to law en- I yield back the remainder of my posed tremendous sorrow, but our forcement incidents of suspected child time. memory of their service to others and abuse in amateur athletics. In addition The PRESIDING OFFICER. The Sen- their acts of valor offer Americans to helping prevent sexual abuse crimes, ator from Kansas. hope and inspiration to carry on their this bill will aid State and local law Mr. MORAN. Mr. President, thank missions, to better our communities, enforcement investigating allegations you for the opportunity to visit this to protect the vulnerable, and to stand of child sexual abuse by providing them evening with my Senate colleagues. for what is right. As we remember, let with more information faster. This is a special week in Washington, us tirelessly pursue those ends and do I have also supported Senator COR- DC, and a number of my colleagues all we can to honor the fallen. NYN’s American Law Enforcement He- have paid tribute by attending the me- f roes Act. That bill affirms a well-estab- morial or speaking of those who died in lished practice of hiring veterans at service as fallen police officers. This is LEGISLATIVE SESSION the local level to serve as new law en- our fallen officers’ National Police forcement officers. Together, these Week. bills will enhance law enforcement in- In 1962, Congress and the then-Presi- MORNING BUSINESS vestigations and encourage better hir- dent John F. Kennedy designated May Mr. MORAN. Mr. President, I ask ing practices for new law enforcement 15 of each year to be Peace Officers Me- unanimous consent that the Senate be jobs. morial Day, and the week of May 15 to in a period of morning business, with I also want to recognize the local po- be National Police Week. Each spring, Senators permitted to speak therein lice officers and sheriffs in Arizona, we take time to recall the men and for up to 10 minutes each. along with those on the border who are women of law enforcement who were The PRESIDING OFFICER. Without serving on the frontlines of immigra- lost in the previous year. Unfortu- objection, it is so ordered. tion enforcement. These men and nately, this list has become far, far too f women put their lives on the line every long. time they go out on patrol. For them, Since our Nation’s founding, more REMEMBERING WILBURN K. ROSS immigration policy is not a hypo- than 20,000 American law enforcement Mr. MCCONNELL. Mr. President, thetical exercise. officers have sacrificed their lives in today I wish to remember a noble Ken- Despite the critical role these enti- service to others. While I have paid tuckian and a decorated World War II ties play in assisting their Federal many solemn visits to the National veteran, Wilburn K. Ross, who passed partners with immigration enforce- Law Enforcement Officers Memorial in away on May 9, 2017, just days before ment, current Federal policy leaves Washington, DC, to honor, respect, and his 95th birthday. A native of Strunk, them exposed to the threat of costly remember fallen officers, my visit this KY, Ross was awarded the highest litigation. That is because third-party year was especially somber. In 2016, decoration in the U.S. military, the groups that oppose detention have Kansas suffered the loss of three law Medal of Honor. threatened local agencies that choose enforcement officials. As a private, Ross gained national to comply with valid detainer requests On the Senate floor today, I wish to acclaim for his service in St. Jacques, with lawsuits. Using punitive legal ac- recognize and to honor these fallen he- France, on October 30, 1944. His com- tion to punish law enforcement for roes: Detective Brad Lancaster of the pany lost 55 of its 88 members fighting good-faith efforts to keep people safe is Kansas City Police Department, Cap- a group of German mountain troops. wrong. That is why a group of Arizona tain Robert ‘‘Dave’’ Melton of the Kan- Ross’ light machine gun was about 10 sheriffs came to me for help, and with sas City Police Department, and Mas- yards ahead of his supporting riflemen. their guidance, we drafted a bill requir- ter Deputy Sheriff Brandon Collins of As intense enemy fire fell around him, ing the Department of Homeland Secu- the Johnson County Sheriff’s Office. Ross repelled the enemy through seven rity to protect State and local law en- Their untimely deaths shook their German attacks. When the next attack forcement entities from lawsuits that families, the agencies where these men came, many of his supporting rifleman uphold valid detainer requests from served, the neighborhoods they pro- had run out of ammunition. As his ICE. This solution will enable officers tected, and the communities they lived Medal of Honor citation read, ‘‘Pvt. to fulfill their law enforcement respon- in. Brandon, Robert, and Brad were not Ross fought on virtually without as- sibilities without second-guessing only law enforcement officers, they sistance and, despite the fact that whether or not to keep potentially dan- were also sons and brothers, fathers, enemy grenadiers crawled to within 4 gerous criminal aliens in custody. It is neighbors, mentors, and friends. yards of his position in an effort to kill a recognition that local law enforce- Robert Melton, Brad Lancaster, and him with handgrenades, he again di- ment shouldn’t be left to shoulder the Brandon Collins and the 140 other offi- rected accurate and deadly fire on the

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