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E PL UR UM IB N U U S Congressional Record th of America PROCEEDINGS AND DEBATES OF THE 115 CONGRESS, FIRST SESSION

Vol. 163 WASHINGTON, WEDNESDAY, MAY 10, 2017 No. 81 House of Representatives The House was not in session today. Its next meeting will be held on Thursday, May 11, 2017, at 2 p.m. Senate WEDNESDAY, MAY 10, 2017

The Senate met at 9:30 a.m. and was RECOGNITION OF THE MAJORITY Here they will see the memorials built called to order by the President pro LEADER to honor their service. tempore (Mr. HATCH). The PRESIDING OFFICER (Mr. The Bluegrass Chapter Honor Flight PAUL). The majority leader is recog- has brought hundreds of veterans, most f nized. of them Kentuckians, to Washington for this purpose. Despite the signifi- f PRAYER cant logistical and financial planning LEGISLATIVE SESSION that goes into these trips, Honor Flight The Chaplain, Dr. Barry C. Black, of- works to make sure veterans have the fered the following prayer: opportunity to travel at no cost to PROVIDING FOR CONGRESSIONAL Let us pray. themselves. DISAPPROVAL OF A RULE OF The program organizes travel and Almighty God, You are our strength THE BUREAU OF LAND MANAGE- food for these veterans, many of whom and always ready to help us. Uphold MENT—MOTION TO PROCEED our lawmakers with Your powerful would never be able to visit our Na- hands. Lord, let Your presence be felt Mr. MCCONNELL. Mr. President, I tion’s Capital or see the memorials at by them as You guide them in these move to proceed to H.J. Res. 36. all without Honor Flight. challenging times. The PRESIDING OFFICER. The The national monuments built on the clerk will report the motion. Give them the wisdom to do Your Mall pay tribute to those who sac- The legislative clerk read as follows: will, finding nourishment and reassur- rificed for the cause of freedom. I wish ance in their fellowship with You. Help The Senator from [Mr. MCCON- to add my voice to those who welcome NELL] moves to proceed to H.J. Res. 36, a them to do their best in life’s daylight, these veterans and thank them for joint resolution providing for congressional their service to our country. for the night comes when no one can disapproval under chapter 8 of title 5, United work. States Code, of the final rule of the Bureau HEALTHCARE LEGISLATION Empower our Senators to grow in of Land Management relating to ‘‘Waste Pre- Mr. MCCONNELL. Mr. President, on grace and in a deeper knowledge of vention, Production Subject to Royalties, another matter, I am glad to see many You. May they continue to prosper and and Resource Conservation.’’ of our Democratic friends here with us be in health, even as their souls pros- Mr. MCCONNELL. Mr. President, I today. Yesterday they sent me a letter per. Inspire them to be strong and full ask unanimous consent the Democratic indicating they want to participate as of courage, ever confident in Your leader and I be allowed to give our we work on legislation that can bring grace and mercy. leader remarks at this time. relief from ObamaCare. In that letter, We pray in Your strong Name. Amen. The PRESIDING OFFICER. Without they acknowledged the need to ‘‘im- objection, it is so ordered. prove and reform the health care sys- f WELCOMING KENTUCKY VETERANS TO OUR tem.’’ NATION’S CAPITAL After 8 years of defending this failing Mr. MCCONNELL. Mr. President, law and its higher costs, reduced PLEDGE OF ALLEGIANCE today it is my privilege to welcome a choices, and dropped coverage, I am The President pro tempore led the distinguished group of Kentuckians to glad to hear that Senate Democrats are Pledge of Allegiance, as follows: our Nation’s Capital. Because of the in- finally willing to concede that the sta- I pledge allegiance to the Flag of the credible work of the Honor Flight Pro- tus quo is simply unsustainable. I ap- United States of America, and to the Repub- gram, over 80 World War II, Korea, and preciate their willingness to acknowl- lic for which it stands, one nation under God, Vietnam veterans from across my that ObamaCare hasn’t lived up to indivisible, with liberty and justice for all. home State will travel to Washington. its promises.

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

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VerDate Sep 11 2014 02:23 May 11, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\CR\FM\A10MY6.000 S10MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S2852 CONGRESSIONAL RECORD — SENATE May 10, 2017 That is certainly a reality that Sen- That is why we continue to engage in tor nominee. As I said yesterday, once ate Republicans entirely agree with. It productive conversations with each the Senate receives a nomination to is why we are working to keep our Member of our caucus on the way for- fill this position, we will look forward commitment to the American people to ward on providing relief from to a full, fair, and timely confirmation move beyond the failures of ObamaCare. I look forward to con- process. This is a critical role that is ObamaCare. tinuing these talks and welcoming our particularly important as our country If our friends on the other side of the Democratic colleagues to the conversa- continues to face serious threats at aisle want to join us in replacing tion if they are ready to join us. It cer- home and abroad. ObamaCare with commonsense re- tainly is an important step for the en- RECOGNITION OF THE MINORITY LEADER forms, I welcome their input. It is dis- tire Democratic caucus to acknowledge The PRESIDING OFFICER. The appointing that it has taken our Demo- that the status quo is failing the Amer- Democratic leader is recognized. cratic colleagues this long to come ican people and that Congress cannot FIRING OF around, but I look forward to hearing sit by while Americans suffer the con- Mr. SCHUMER. Mr. President, yes- their ideas now, and I look forward to sequences of this failed law. terday the President fired the Director joining in a robust debate on the Sen- REMOVAL OF JAMES COMEY of the FBI, Jim Comey, who was lead- ate floor as we pursue smarter Mr. MCCONNELL. Mr. President, one ing an active investigation into the healthcare solutions. final matter, whatever one thinks of Trump campaign’s possible collusion As we continue working to address the manner in which Director James with . this critical issue, it is important to Comey handled the investigation into The President provided no reasoning remember why we need to act in the Secretary Clinton’s unauthorized use for the firing other than he had the first place. Across the country, more of a private server and her mishandling recommendation of his Attorney Gen- and more Americans are feeling the of classified information, it is clear eral—who has already had to recuse pain of ObamaCare. Listen to these re- what our Democratic colleagues himself from the Russia investigation cent headlines. thought of it—both at that time and for being too close to the President— Thousands of Obamacare Customers Left consistently thereafter. and his Deputy Attorney General, Rod Without Options As Insurers Bolt. Last year, the current Democratic Rosenstein. More Insurers Abandon Obamacare: Who leader said it appeared to be an ‘‘ap- There is little reason to think Mr. Might Be Next? palling act,’’ one that he said ‘‘goes Rosenstein’s letter is the true reason Obamacare Choices Could Go From One to President Trump fired Director Comey. Zero in Some Areas. against the tradition of prosecutors at every level of government,’’ and the Why? Because if the administration ObamaCare is failing the American truly had objections to the way Direc- people, and it keeps getting worse. prior Democratic leader, when asked if James Comey should resign given his tor Comey handled the Clinton inves- Families face skyrocketing premiums, tigation, they would have had them the fewer choices, and the risk of losing conduct of the investigation, replied ‘‘[o]f course, yes.’’ minute the President got into office, the doctors or plans they like. Just but he didn’t fire Director Comey then. this week, we saw even more troubling It is also clear what our Democratic colleagues think of the man who evalu- The question is, Why did it happen news out of States like Maryland, last night? We know Director Comey where one major insurer proposed a ated Mr. Comey’s professional conduct and concluded that the Bureau needed was leading an investigation into premium increase of more than 50 per- whether the Trump campaign colluded cent, warning that the ObamaCare a change in leadership. The Democratic leader just a few weeks ago praised Mr. with the Russians, a serious offense. market is ‘‘in the early stages of a Were those investigations getting too death spiral.’’ Rosenstein for his independence and said he had developed a reputation for close to home for the President? We saw similar stories out of Con- The dismissal of Director Comey es- integrity. necticut too. There, insurers have also tablishes a very troubling pattern. This What we have now is our Democratic requested double-digit increases, which administration has now removed sev- colleagues complaining about the re- could top out at 52 percent amid wor- eral law enforcement officials in a posi- moval of an FBI Director whom they ries that the last two insurers on the tion to conduct independent investiga- themselves repeatedly and sharply exchanges ‘‘may leave.’’ tions of the President and his adminis- criticized; that removal being done by These States aren’t alone. I continue tration—from Acting Attorney General a man, , whom they re- to hear from Kentuckians who are des- Sally Yates to Preet Bharara and now peatedly and effusively praised—when perate for relief from ObamaCare. Take Jim Comey. this Campbellsville woman who pur- Mr. Rosenstein recommended Mr. What should happen now, what must chased insurance on the ObamaCare ex- Comey’s removal for many of the very happen now is that Mr. Rosenstein ap- changes after researching the best pol- reasons they consistently complained points a special prosecutor to oversee icy to fit her needs. Only then did she about. this investigation. Deputy Attorney find out how hard it would be for her to Two investigations are currently on- General Rosenstein sat in the Judici- actually get care. Here is what she had going: The Senate Intelligence Com- ary Committee and promised to ap- to say. mittee’s review of Russian active point a special prosecutor at the appro- measures and intelligence activities Today I am making payments for a health priate time. He said: ‘‘I’m willing to care plan that does not cover my doctors, and the FBI investigation disclosed by appoint a special counsel whenever I [and] does not cover all my prescriptions. It Director Comey. determine that it’s appropriate.’’ is almost totally useless. Today we will no doubt hear calls for My colleague Senator COONS asked I am only one person but I’m sure I speak a new investigation, which could only him: ‘‘Would you agree that it’s vital for many people who are finding themselves serve to impede the current work being to the assurance of confidence in our in this difficult situation. done to not only discover what the democracy and law enforcement sys- ObamaCare is a failed law that con- Russians may have done but also to let tem that any investigation into these tinues to hurt Americans every single this body and the national security matters be fair, free, thorough and po- day. It is taking a bigger bite out of community develop the counter- litically independent?’’ their budgets while, as too many have measures and warfighting doctrine to Mr. Rosenstein answered: ‘‘Yes, I discovered, covering fewer services see that it doesn’t occur again. Par- do.’’ they actually need. tisan calls should not delay the consid- If there was ever a time when cir- We have all received letters from our erable work of Chairman BURR and cumstances warranted a special pros- constituents like the one I just shared. Vice Chairman WARNER. Too much is ecutor, it is right now. These families are the ones shouldering at stake. Mr. Rosenstein already expressed the burdens of ObamaCare. They are Deputy Attorney General Rosenstein concern that Director Comey damaged the ones counting on us to act and was just confirmed on a bipartisan the integrity of the FBI. The Attorney move past the failures of ObamaCare. vote, 94 to 6—94 to 6—and that sort of General has already had to recuse him- If we don’t, this situation will only get fair consideration should continue self from the investigation for being worse. when the Senate receives an FBI Direc- too close to the President.

VerDate Sep 11 2014 02:23 May 11, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\CR\FM\G10MY6.001 S10MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 10, 2017 CONGRESSIONAL RECORD — SENATE S2853 If Mr. Rosenstein is true to his word, private citizen, about what happened, Lighthizer to be United States Trade that he believes this investigation but we need to hear from this adminis- Representative. must be ‘‘fair, free, thorough and po- tration about what happened and why, The PRESIDING OFFICER. The litically independent,’’ if he believes, and what is going to happen next. That question is on agreeing to the motion. as I do, that the American people must is why, again, I am requesting that the The motion was agreed to. be able to have faith in the impar- majority leader call a closed, and if The PRESIDING OFFICER. The tiality of this investigation, he must necessary, classified, all-Senators clerk will report the nomination. appoint a special prosecutor and get briefing with the Attorney General and The senior assistant legislative clerk his investigation out of the hands of the Deputy Attorney General sepa- read the nomination of Robert the FBI and far away from the heavy rately, at which they can be asked Lighthizer, of Florida, to be United hand of this administration. these questions. States Trade Representative, with the Mr. Rosenstein has the authority to I hope the majority leader agrees rank of Ambassador Extraordinary and appoint a special prosecutor right now. with me that we need to get to the bot- Plenipotentiary. He needs no congressional authoriza- tom of this and get a handle on all the The PRESIDING OFFICER. The ma- tion. This would simply be a step that facts so that we can grapple with them. jority leader. he could take, as outlined in the De- I remind him and my Republican UNANIMOUS CONSENT REQUEST—AUTHORITY FOR partment of Justice guidelines and in a friends that nothing less is at stake COMMITTEES TO MEET law passed after Watergate, to get an than the American people’s faith in our Mr. MCCONNELL. Mr. President, I independently minded prosecutor who criminal justice system and the integ- have 13 requests for committees to would be insulated from various pres- rity of the executive branch of our gov- meet during today’s session of the Sen- sures. ernment. ate. They include the Armed Services A special prosecutor is not subject to I yield the floor. Committee briefing on capabilities to day-to-day supervision by the Attorney The PRESIDING OFFICER. The counter Russian influence in cyber- General or anyone else at the Justice question is on agreeing to the motion space, a Banking Committee hearing Department. That means the special to proceed. on , and a Homeland Secu- prosecutor would have much greater Mr. MCCONNELL. Mr. President, I rity Committee hearing on cyber latitude in whom he can subpoena, ask for the yeas and nays. threats facing America. These commit- which questions they can ask, and how The PRESIDING OFFICER. Is there a tees and all the other committees are to conduct an investigation. The spe- sufficient second? doing important work; therefore, I ask cial prosecutor can only be removed for There appears to be a sufficient sec- unanimous consent that the 13 com- good cause, such as misconduct, not to ond. mittees be allowed to meet. quash the investigation. The clerk will call the roll. The PRESIDING OFFICER. Is there Third, there is built-in congressional The legislative clerk called the roll. objection? oversight. Congress is notified when- The result was announced—yeas 49, Mr. DURBIN addressed the Chair. ever a special counsel is appointed, re- nays 51, as follows: The PRESIDING OFFICER. The as- moved, or has finished with the inves- [Rollcall Vote No. 125 Leg.] sistant Democratic leader. Mr. DURBIN. Reserving the right to tigation. The appointment of a special YEAS—49 prosecutor would be a welcome step in object, because of the decision last Alexander Flake Portman night of the President of the United the right direction, but it is not the Barrasso Gardner Risch only action that should be taken. Blunt Grassley Roberts States to terminate the Director of the There are a great many outstanding Boozman Hatch Rounds FBI and the questions that has raised, questions about the circumstances of Burr Heller Rubio we gathered together—the Democratic Capito Hoeven Sasse Director Comey’s dismissal, the status Cassidy Inhofe Senators—on the floor and listened as Scott our leader at least suggested a path for of the executive branch investigation Cochran Isakson Shelby Corker Johnson into the Trump campaign ties to Rus- Strange us to follow as an institution facing Cornyn Kennedy Sullivan this constitutional question. We be- sia, and what the future holds for these Cotton Lankford Thune investigations. Crapo Lee lieve it is timely, and as a result of So I will be requesting that the ma- Cruz McConnell Tillis that, I object. Daines Moran Toomey The PRESIDING OFFICER. Objec- jority leader call a closed, and if nec- Wicker Enzi Murkowski tion is heard. essary, classified, all-Senators briefing, Ernst Paul Young with the Attorney General separately Fischer Perdue The Senator from Washington. CONGRESSIONAL REVIEW ACT RESOLUTION at which, and the Deputy Attorney NAYS—51 General separately, at which they can Ms. CANTWELL. Mr. President, I Baldwin Gillibrand Murphy be asked questions. Bennet Graham Murray come to speak against the Congres- Some of the questions: Why was At- Blumenthal Harris Nelson sional Review Act resolution to over- torney General Sessions, who had Booker Hassan Peters run an important rule that has been recused himself from the Russia inves- Brown Heinrich Reed put in place to protect the American Cantwell Heitkamp Sanders tigations, able to influence the firing Cardin Hirono Schatz taxpayer and to protect the health of of the man conducting the Russia in- Carper Kaine Schumer American citizens. vestigation? Did Deputy Attorney Gen- Casey King Shaheen For almost 100 years, the Federal Collins Klobuchar Stabenow eral Rosenstein act on his own or at Coons Leahy Tester Government has regulated undue waste the direction of his superiors or the Cortez Masto Manchin Udall in oil and gas fields. The story of oil White House? Are reports that the Donnelly Markey Van Hollen and gas waste is as old as the story of President has been searching for a ra- Duckworth McCain Warner oil and gas. Durbin McCaskill Warren tionale to fire the FBI Director for Feinstein Menendez Whitehouse Early oil gushers, like Spindletop in weeks true? Was Director Comey’s in- Franken Merkley Wyden Texas, revealed two things about oil as vestigation making significant The motion was rejected. an emerging source of energy: First, there was a huge amount of it. Second, progress in a direction that would The PRESIDING OFFICER (Mr. COT- without rules in place, it could be eas- cause political damage for the White TON). The majority leader. House? Why didn’t the President wait ily wasted. That is why, way back in f for the Inspector General’s investiga- 1915, Attorney General Thomas Greg- tion into Director Comey’s handling of EXECUTIVE SESSION ory issued a report to the public about the Clinton email investigation to con- this issue. Gregory wrote that the law clude before making his decision to fire at the time allowed oil companies to him? Was this really about something EXECUTIVE CALENDAR ‘‘occupy and operate any number of else? Mr. MCCONNELL. Mr. President, I tracts of public oil land without re- No doubt, we will have an oppor- move to proceed to executive session to straint upon the quantities of oil pro- tunity to question Mr. Comey, now a consider Calendar No. 52, Robert duced or the methods of production and

VerDate Sep 11 2014 02:23 May 11, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\CR\FM\G10MY6.003 S10MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S2854 CONGRESSIONAL RECORD — SENATE May 10, 2017 without rendering to the . . . govern- vada, Arizona, New —with gas ural gas is wasted intentionally on ment anything in return.’’ One can left over for the Dakotas. Every home. Federal lands every year. Over time, imagine that concern. Gregory went on The amount of gas we waste every sin- the public is losing billions of dollars. to point out that ‘‘the incentives to gle year on Federal lands would be Over a decade, the lost royalties that speculative occupation, negligent and enough to supply forever, have been calculated by the Govern- wasteful operation, and excess produc- and there could be some left over for ment Accountability Office on wasted tion become obvious.’’ West Virginia. gas will add up to $230 million. While Some of my colleagues who are not On Federal lands, operators have the final amount, of course, depends on on the Energy and Natural Resources more than doubled how much gas they the price of natural gas, we cannot af- Committee may not be familiar with have flared and wasted between 2009 ford to give up this revenue. the law Congress passed after Attorney and today, and that is the practice we A vote for disapproving the resolu- General Gregory put his finger on the are trying to stop. Under the old 1979 tion will let the oil and gas industry waste problem. The Mineral Leasing rule, operators had to apply to BLM roll back the clock to 1979. This resolu- Act of 1920 established our modern every time they wanted to vent or tion lets people continue avoiding giv- leasing program for oil and natural flare. In practice, BLM, because they ing the taxpayers their fair share. It is gas. More than anything else, the leas- did not have a new rule in place, basi- another example of special interests ing act enshrined the principle that the cally just had a ‘‘yes’’ or ‘‘no’’ answer. trumping the public interest. public should benefit from mineral pro- In 2014, the Bureau of Land Manage- Even worse than the taxpayer issue, duction on public lands. This seems ment received 25 times more applica- though, is that wasted natural gas like a no-brainer today, but it took tions to vent or flare than in 2005. harms public health. That is why those over a decade of debate to pass the What was happening was that we as a States took action. One of the most leasing act. Federal Government were failing in our prevailing problems on this issue is in One of the main parts of the leasing responding and updating the act to the Four Corners States, and my col- act was a requirement to avoid wasting make sure producers were living up to league from New Mexico will be talk- oil and gas. There are many environ- the intent of that earlier law, so gov- ing about this shortly. mental reasons to avoid wasting this ernment watchdogs got on the issue When one looks at the entire United resource, but let’s be clear: It was dol- and started calling for a solution. States on a map that shows the The Government Accountability Of- lar signs that led to the waste provi- amount of waste of flaring, one can see fice and the Interior Department’s in- sion. Overproduction would glut the all of this yellow coloring in the Mid- spector general concluded that the Bu- market and damage the oil reserves, west—in Ohio—and in other States, but reau of Land Management needed to and wasted oil provided no return to one can see the hotspot in the Four change these rules. The Government the owners—the taxpayers. Corners area. The Four Corners States The leasing act is still the law, and Accountability Office concluded in 2010 have tried to take action—places like the law says that oil and gas operators that about 40 percent of wasted natural Colorado and New Mexico, with, obvi- must ‘‘use all reasonable precautions gas on Federal leases could be eco- ously, Arizona and Utah being af- to prevent waste of oil or gas developed nomically captured with existing tech- fected—because wasted natural gas ba- in the land.’’ The law says that Federal nology. sically releases a volatile organic com- leases must include ‘‘a provision that Some States had already taken ac- pound. It creates ozone and smog. It such rules . . . for the prevention of tion into their own hands. In Colorado, also can make people sick. This pollu- undue waste as may be prescribed by the State passed a strong venting and tion worsens asthma, emphysema, and [the] Secretary shall be observed.’’ The leak detection regulation, which really increases the risk of premature death. BLM’s methane rule is entirely in became the model for the national Bu- It releases toxins, like benzene, that keeping with that history. The rule reau of Land Management, and oil and cause cancer. And the methane, the says that the outdated 1979 version of gas production has since increased. main constituent of the natural gas, is this rule needed to be updated. There was a notion that in making 25 times more powerful at trapping The rule was put in place before the sure that waste was not promulgated— heat than carbon dioxide. fracking took place that revolutionized that it somehow was going to slow the industry, before the shale plays down the industry, but it has been just That is why a recent analysis by the opened, and before infrared imaging be- the opposite. In fact, some of my col- Clean Air Task Force found that over 9 came commonplace. What has not leagues and some ranchers and others million people are exposed to these changed since 1920 is that oil and gas in these areas have talked about how dangerous levels of air pollution from companies cannot waste public re- the United States should lead the way oil and gas production. That is why my sources on public lands. on new technology to stop the leakage colleague Senator BENNET of Colorado When equipment is leaky or old, oil and to prevent these flarings as a way has been such an outspoken advocate and gas producers vent natural gas di- for the industry to show technology of keeping this rule in place. It is be- rectly to the sky. If they do capture leadership. cause that corner of Colorado has faced the gas but have nowhere to send it, Also, in North Dakota, a Republican so many impacts that they want to the gas just gets burned on site. This administration passed flaring restric- make sure their citizens are protected. venting and flaring causes a big prob- tions after years of there being uncon- With the rolling back of this Federal lem. This photograph shows that ac- trolled flaring in the Bakken. States rule, basically what one would be say- tual problem happening. took action, and various watchdog ing is that it is OK to continue this I am sure there are many citizens groups and investigators here in Wash- level of pollution—an anathema to across the United States who have wit- ington said the Bureau of Land Man- what the people of Colorado have been nessed this and have been concerned agement needed to act. The BLM fi- asking for. about what pollutants might be enter- nally acted, and its final rule is similar Oil and gas pollution can make rural ing the atmosphere. The hazardous to the North Dakota approach. So areas seem like the middle of a city. A health impacts of this are tremen- States have already been leaders on few years ago, NASA scientists discov- dous—benzene, which causes cancer— this methane issue. But this patchwork ered a massive cloud of methane over and I will talk more about that in a of State rules is not what we need; we the Four Corners region. This is the minute. need a Federal baseline. highest concentration of methane in The amount of venting that is hap- It is bad enough that wasted natural the Nation. After aerial surveys, NASA pening is enough gas to supply 6.2 mil- gas will never have an economic use. found that over half of the methane is lion American households for a year. Making the issue worse is that every from natural gas equipment, including According to more recent research, cubic foot that is vented or flared is tanks, wells, pipelines, and processing even higher estimates are coming in. another cubic foot we have to produce plants. The ozone pollution in the Four That is enough gas to supply every somewhere else. What does that mean Corners is almost as bad on some days home in the interior West—Idaho, Mon- for our wallets? Research by ICF Inter- as in the city of —a city tana, Wyoming, Colorado, Utah, Ne- national shows that $330 million of nat- with 300 times as many people.

VerDate Sep 11 2014 02:23 May 11, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\CR\FM\G10MY6.005 S10MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 10, 2017 CONGRESSIONAL RECORD — SENATE S2855 As bad as methane waste is on Fed- tices and State examples, as I men- Mr. UDALL. Mr. President, if I sound eral land, this rule only targets 10 per- tioned, including North Dakota and a little hoarse, it is because my aller- cent of that wasted by the oil and gas Colorado, and implemented a new rule. gies are acting up, but I feel just fine. industry because we are targeting Fed- It includes Colorado’s venting and in- Let me start out by thanking Sen- eral land. It only affects a small minor- spection and retrofitting requirements, ator CANTWELL. Her leadership on the ity of the oil and gas production. Nine- and regulation 7. It includes North Da- Energy and Natural Resources Com- ty-five percent of that production is in kota’s capture targets for flared gas in mittee is pretty incredible. other areas. But this rule is important it, and it includes Wyoming’s venting For this Congress, I think this is the to put in place because we cannot ig- and inspection requirements in the very first CRA that has been turned nore the impacts on pollution, and we Upper Green River Basin. down. We have been voting on many of cannot ignore the costs to our Federal Not only did the Bureau of Land them since the Congress came back in lands. Management adopt the best practices session in January. This is the very The Bureau of Land Management of States, but it also included a vari- first victory we have had on denying compared the costs and benefits of this ance provision in the final rule. Any the CRA. rule without factoring in the reduc- State or Tribe with equally effective When we talk about what a CRA tions in ozone, particulate matter, or regulation in place can minimize their does, it is a very blunt instrument that smog, and the BLM ignored the value methane waste and can apply for a has only been used once until this Con- of reducing carcinogens. We know that variance from the Department of the gress, and what it does is just blow out this particular conservative analysis Interior. There is a lot of flexibility an entire area of the law. So if you talk shows a net benefit of between $46 mil- there, I would say, for States that are about this BLM methane rule and you lion and $204 million each year. This trying to lead the way. But based on have a part of the law that says the makes economic sense to implement. this careful approach, the final rule government shall try to prevent waste, Under the very obsolete 1979 regula- and its benefits are estimated, as I said well, if you blow that provision of the tion that the methane rule replaces, oil earlier, to be $204 million a year. law out, the agency can do nothing and gas operators had to apply to the So the public in these States that are until we get to the point that the Con- BLM whenever they wanted to vent or most affected certainly want this rule. gress acts again, and sometimes we flare natural gas. The old rules also As more Americans understand the move very slowly. had no specific equipment require- level of natural gas production and the So I really appreciate the leadership ments in place. wasteful venting that continues to of Senator CANTWELL, and I want to As I said earlier, the world has take place, they want this rule in place thank her so much and all of the mem- changed dramatically since 1979 when as well. bers of her committee, in particular, Passing the resolution just after a it comes to oil and gas production. The Senator HEINRICH. Senator HEINRICH few hours of debate and trying to un- new rule takes commonsense ap- serves on that committee and has been dermine this rule would go against the proaches to stepping up our attempts very outspoken on this rule, and I be- 330,000 public comments that were col- to reduce this waste and prohibit the lieve his leadership has always been ac- lected during the process of estab- venting, except in emergencies and in knowledged by Senator CANTWELL as lishing this rule. So we certainly don’t some circumstances. They estimate well. want to overturn what was a very long that it will cut the venting by 35 per- This issue that we are debating and and elaborate process to put this very cent. It also sets capture targets for that we had this good vote on is about important rule in place. three things. First of all, it is about flaring, allowing operators flexibility Proposing more waste is not going to the waste of a natural resource that on how to meet those targets. The solve our economic challenges. Pro- the public and the Tribes own. Let’s BLM estimates they will reduce flaring posing more pollution is not a solution. talk about the resource here for a sec- by 49 percent. We know that in the most recent an- ond. We are talking about, to start The rule requires operators to in- nual poll by Colorado College, western spect their wells and their equipment. voters said that 81 percent of them sup- with, natural gas. So when we think of People may have heard unbelievable ported making sure that the Bureau of natural gas, as many people know, stories from about a huge Land Management had strong methane what we are talking about is when you methane leakage that caused unbeliev- rules. My colleagues appear not to un- turn on your stove, and it is a natural able amounts of damage. We know that derstand how much the public wants to gas stove, that is how we cook our we want the best equipment, that we get this implemented. I hope my col- food. Many houses run and heat on nat- want the best detection, and that we leagues will continue to support the ef- ural gas, and we know now that many want a strong rule in place to stop fort to turn down the Congressional of our powerplants are converting over wasting this natural gas, give the tax- Review Act resolution and instead keep to natural gas because it is a very good payers a fair deal, and protect the this very, very important public health fuel in terms of lowering carbon emis- American people from harmful levels of and economic taxpayer solution on the sions. So natural gas is a big part of pollution. That is why we want this books. our energy economy. It is actually rule to stay in place. As Mark Boling, an executive with going up as coal is going down. With America’s increased natural gas Southwestern Energy, a major natural Look at this photograph which shows production, now is not the time to take gas producer, said, this resolution and more than $330 million of natural gas a very solid rule off the books—a rule trying to turn back the rule is ‘‘a huge wasted. This just shows us the huge that protects the American people. The mistake.’’ He pointed out that it could power of natural gas. What was hap- technology to conduct these inspec- have ‘‘unintended consequences for oil pening is that natural gas was being tions already exists. Infrared imaging and gas technology.’’ flared. This depicts the top at one of and other technology has been sold So I want to make sure this rule these oil and gas operations. They are commercially for decades. What we are stays in place. Let’s keep a strong rule just burning that up. So rather than really saying is that people just do not on the books, as I said, for the health that energy being used at home or used want to spend the money to implement of the American people and to make in industry, it is just being wasted. On them. sure that taxpayers get a fair deal with top of that, we know it has a massive Fourth, the rule requires operators these companies that are producing on climate impact. to replace leaky equipment, like the Federal lands. This was a very commonsense rule. I pneumatic controllers and pumps, and I thank the Chair. think the thing people should under- it is trying to make sure that we elimi- I yield to my colleague from New stand is that several Western States, nate the methane waste. Mexico, who has been outspoken on including Colorado and Wyoming, So the final rule is in step with what this issue in making sure that Congress passed an almost identical rule to deal the Government Accountability Office addresses the flaring and leakage of with this issue. All BLM tried to do told us 7 years ago—that about 40 per- natural gas. was to use that common sense from the cent of the waste can be captured eco- The PRESIDING OFFICER (Mr. West, where it had already happened in nomically. BLM took those best prac- YOUNG). The Senator from New Mexico. several States, and put it in place for

VerDate Sep 11 2014 02:23 May 11, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\CR\FM\G10MY6.006 S10MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S2856 CONGRESSIONAL RECORD — SENATE May 10, 2017 the Nation. So this is a good, solid crats. It just shows that when we get public health groups. We just talked rule, and it is a commonsense rule, and Democratic unity—and with our Inde- about the public health groups. But I think it prevents waste, just like it pendents—we come right up on about there is one rancher in New Mexico was laid out to do. 48 votes. If we get a couple of Repub- whose sole focus has been this issue. The second point is that when we licans—if we work in a bipartisan His name is Don Schreiber. He ap- talk about this issue, it is about job way—to come with us, we can have a peared at a press conference yesterday creation. What we are talking about big impact. Who are the Republicans here in Washington with Senator BEN- here is, when you have this kind of who voted with us? They should be NET and Senator CANTWELL. I was at waste, how do you prevent the waste? called out and congratulated for having my own press conference, and more or Well, the thing we have seen in New courage, for having common sense, and less as a Senator there, speaking out Mexico that occurs is that many of for stepping forward. I would just like on methane. I know if Don is ever at a these oil and gas industries reach out to say about my three friends on the press conference, he is going to say to people who maybe haven’t been in Republican side—Senator MCCAIN, Sen- what I would have said on this meth- business, and they say: How do we pre- ator COLLINS, and Senator GRAHAM— ane issue, which is that we have to pre- vent this waste? Well, actually, we use thank you so much for stepping for- vent waste. Don Schreiber is his name. infrared to focus on the oil and gas op- ward and seeing the commonsense na- He is a rancher from Northwestern New erations and all of their pipes, and we ture of this issue and standing to make Mexico. He is actually up under that can detect the natural gas waste, and sure that we didn’t head in the wrong methane cloud, and he talks about his then we can go about actually fixing it direction on this. family and his ranching operation and at all the various fittings and places Thinking a little bit about some of what the impact is. where that happens. Guess what. A lot the groups that voted with us and We also have Tribes in that area. I of jobs are created in that process. This worked with us and helped us and ad- want to congratulate and thank Presi- is growing in New Mexico, growing in vised us out in the field, the groups dent Begaye of the Navajo Nation. He Colorado, and with this rule in place, that stood with us shoulder to shoulder sent in a very persuasive statement over time, it is going to continue to include the Environmental Defense and made a very strong statement grow. So this is going to create some Fund, the Wilderness Society, and the against wasting natural gas. small businesses. It has already created Ceres business group. We had a lot of We also had the Western Organiza- small businesses, and it is going to be businesses—understanding that this is tion of Resource Councils. This is an- pretty dramatic on that front. a business issue and a job creator—like other group that has been very active The third thing that we are here Taxpayers for Common Sense. We don’t in the West. They stepped forward on about has to do with public health. Ob- always see them weigh in on regula- this natural gas waste issue, and we are viously, if you are venting all of this— tions like this. The Center for Methane incredibly thankful to them. and as Senator CANTWELL showed, you Emissions Solutions, and so many en- Also, we never get anything done have a methane cloud the size of Dela- vironmental and public health groups, around here on the Senate floor with- ware over the Four Corners area; so it including Earth Justice, the National out our wonderful staff. I want to is really impacting New Mexico, Colo- Parks Association, the League of Con- thank Jonathan Black, who has rado, Utah, and Arizona—what is the servation Voters, the Sierra Club, and worked on this issue for many years. impact in terms of methane? Well, we many, many others, including the Jonathan actually worked for Senator know there are serious public health Western Environmental Law Center, Bingaman on the Energy and Natural impacts. We know that asthma is im- are also a part of that. Resources Committee, so he brought a pacted by this, as well as other res- I thought we should talk for a second lot of that expertise. We have a young piratory diseases—the kinds of things about—in addition to all of those man from the office sitting here with that occur on a regular basis as we groups—some other groups that joined me on the floor, Sean MacDougall, have that kind of methane pollution us, and they are these medical and pub- helping me with these charts. Sean is a that goes into the air. As I mentioned lic health groups that abhor natural congressional fellow in our office on just a little bit earlier, methane is a gas waste. Look at all of these groups loan from the Bureau of Land Manage- very, very powerful and potent green- in addition to the ones I mentioned. ment, and he has brought a lot of house gas. So we know that by releas- These are people who have real exper- knowledge to the table. ing it—the flaring that we talked tise in public health: Allergy & Asthma Mr. President, to reiterate, I oppose about—we are wasting it and we are Network, American Lung Association, H.J. Res. 36—the Congressional Review putting that methane into the atmos- American Public Health Association, Act resolution to disapprove the Bu- phere. We are also adding to the green- Center for and Health, reau of Land Management’s methane house gases, which are warming the and Physicians for Social Responsi- and waste prevention rule. BLM’s rule planet and creating, in the Southwest, bility. I have always been impressed by prevents the unnecessary waste of a as we know, catastrophic forest fires, that group. Here you have docs who are public resource and makes sure New extreme weather events, impacts on stepping up, wanting to be socially re- Mexicans—and all American tax- water, and impacts on agriculture. So sponsible on things. There are many payers—get fair value in return for we know that it is here now and that wonderful physicians like that in New commercial use of that public resource. the Western States are in the bull’s- Mexico and across the Nation, and they The rule requires oil and gas facili- eye. have organized themselves as PSR. We ties operating on public and Indian So let me just say that these are also have the Public Health Institute lands to prevent unnecessary flaring, three commonsense things that we and the National Medical Association. venting, and leaking of methane. Rig- have done today by asserting this rule. So we have a lot of these medical and orous analysis shows that the overall We are preventing waste, we are mov- public health groups that have stepped benefits to the American public far ing job creation, and we are acting on forward and said: We are not going to outweigh the costs, and technology to the part of public health. waste natural gas. Let me thank them. implement the rule is readily available When we have a victory like this, Also, the Western Environmental and cost-effective to industry. there are just so many people that Law Center, which is in New Mexico The current BLM rules on natural should be congratulated—people that and works on this issue, has been a gas waste are over 35 years old, issued pulled together. First of all, just to pretty incredible group, hard-working, in 1979. Federal watchdog agencies start, Senator CANTWELL just finished, headed up by a gentleman by the name have been issuing reports for almost a and she is our ranking member on the of Doug Meiklejohn, and Doug really decade—recommending that the BLM committee. Senator BENNET, I think, makes a difference on all of these update its rules and prevent waste was actually the 51st, and I hope he issues in New Mexico and, in par- wherever possible. tweeted that out. When he came over, ticular, really helped us out here. With new technologies like hori- we were at 50, and it went to 51. So he I would be remiss if I didn’t mention zontal drilling, the amount of gas wast- and all of the Democrats hung together some of the groups that have pulled to- ed in recent years has increased signifi- on this—every single one of the Demo- gether—groups of ranchers, Tribes, and cantly. From 2009 to 2013, the total

VerDate Sep 11 2014 02:23 May 11, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\CR\FM\G10MY6.008 S10MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 10, 2017 CONGRESSIONAL RECORD — SENATE S2857 amount of natural gas flared on BLM billion cubic feet of natural gas from for royalty-free venting or flaring. land doubled. 2009 through 2015. That is enough gas to That is a lot of Federal, State, and We throw the phrase ‘‘common supply over 6.2 million households for tribal royalties lost based on incom- sense’’ around a lot these days when we one year. That is every household in plete records. talk about laws or regulations we like, the States of New Mexico, Colorado, The GAO is charged with helping but the BLM’s waste prevention rule Montana, North Dakota, South Da- Congress make sure Federal agencies really is a commonsense rule. kota, Utah, and Wyoming. are doing the best job they can for the Over the past 4 months, Congress has An independent study by ICF Inter- American public. We should not dis- repealed 13 Federal rules using CRA au- national estimates that, in 2013 alone, regard repeated GAO recommenda- thority. These regulations involved 65 billion cubic feet of gas was wasted. tions—spanning almost a decade—for years of work by the agencies and were That includes over 18 billion cubic feet the BLM to modernize its oil and gas developed transparently through the from tribal lands, with an estimated royalty program. public notice and comment process. loss to the American public of $27 mil- If we pass this disapproval, the BLM Congress overturned these rules with- lion in royalties. is foreclosed from updating these rules. out public input, hearings, or debate. The amount of oil and gas waste is In the face of the GAO report after an- I understand repeal of ‘‘burdensome’’ rising dramatically. Oil and gas opera- other telling us that the BLM must do Federal regulations is a strong rallying tors report flaring has increased over better, that would be just irresponsible cry, and I wholeheartedly agree that 1,000 percent between 2009 and 2015. The to taxpayers. Federal regulations should not be over- number of applications to vent or flare Secretary Zinke has been charged to ly burdensome. royalty free has gone from 50 in 2005 to review the BLM rule as part of the The BLM’s waste prevention rule is 622 in 2011 to 1,246 in 2014. President’s ‘‘Energy Independence’’ Ex- good for the American public, and the The BLM’s outdated rules and the ecutive order. If, after review, the Sec- cost to industry is de minimus. In fact, loss of royalties caught the attention retary concludes that the BLM rule there is benefit to industry from in- of the Government Accountability Of- should be modified, the Department of creased production and the resulting fice years ago. the Interior can proceed to amend the increase in revenues. The BLM’s rule is A 2010 GAO report estimated that ap- rule through the public rulemaking one rule that should not get swept up proximately 128 billion cubic feet of process, but, when we have been told in the political tide of CRA repeal. natural gas was vented or flared from time and time again that there is un- Congress has spoken loud and clear Federal leases in 2008 and that approxi- necessary waste and the BLM rules that the BLM has an obligation to pre- mately 50 billion cubic feet was eco- need updating, Congress should allow vent waste of oil and gas on public and the DOI review to go forward and not tribal lands starting with the 1920 Min- nomically recoverable. That recover- able gas represented $23 million in lost permanently prevent DOI from consid- eral Leasing Act. ering how to prevent unnecessary That act—governing leases on BLM royalties in 1 year. The 2010 GAO report highlighted real waste by oil and gas facilities. lands—requires every lease to contain Let’s not forget that half the royal- world experiences, where operators provisions for ‘‘the prevention of undue ties from Federal leases go to State made money by putting in technologies waste. . . .’’ treasuries. States use these royalties to recover gas instead of venting or Federal law obligates the BLM to for schools, roads, and infrastructure flaring. One large producer in the San make sure the public gets a fair return projects. from profits generated by oil and gas Juan Basin installed equipment that My home State of New Mexico has leases on public lands. The 1976 Federal reduced venting by 99 percent. That the second highest number of acres Lands Policy and Management Act re- same company reported increased reve- under BLM lease in the country, after quires that ‘‘the United States receive nues of $5.8 million, from a $1.2 million Wyoming—over 4.6 million acres—and fair market value of the use of the pub- investment in technology to reduce the second highest number of BLM oil lic lands and their resources. . . .’’ emissions during well completion. That and gas leases—over 8,000. The 1982 Federal Oil and Gas Royalty is money well spent. New Mexico has a lot at stake in the Management Act obligates these same The San Juan Basin is one of the old- BLM’s waste prevention rule. oil and gas companies to pay the Fed- est and most productive gas-producing ICF International estimates that the eral Government ‘‘royalty payments on areas in the United States. It lies in natural gas in New Mexico that could oil or gas lost or wasted.’’ the Four Corners area, where my home have been captured and marketed Congress has determined that oil and State of New Mexico touches Arizona, under the BLM’s rule between 2009 and gas companies extracting resources on Colorado, and Utah. 2013 would have been worth more than public lands can’t waste the resource, That area is home to a methane ‘‘hot $100 million a year and would have pro- and, if they do, they must pay fair spot,’’ with the highest concentration duced $43 million in royalty payments market value to the American public. of methane in the Nation. for our State. Despite Congress’s prohibition In 2010, the GAO pointed out what In New Mexico, those royalty pay- against waste, tremendous volumes of was obvious, that the BLM’s decades- ments are used in part for educational oil and gas under BLM lease are wasted old guidance did not take account of materials in the public schools. That is each year through flaring, venting, and current technology to reduce venting textbooks, digital materials, science leaks. and flaring. The GAO recommended supplies, art supplies, and accessible Operators do not always use best that the BLM update its regulations to materials for students with disabil- practices when they flare and vent. address the avoidable loss of gas on ities. That $43 million would have gone Some even abuse the practice. As a re- public lands. a long way for New Mexico schoolkids. sult, operators vent and flare signifi- There are other GAO reports, but I Many of you may be aware of the cant amounts of oil and gas that are will talk about one more. methane ‘‘hot spot’’ over the Four Cor- economically recoverable. In 2016, the GAO issued a report enti- ners area that I talked about earlier. Natural gas is colorless and odorless, tled, ‘‘Interior Could Do More to Ac- The hot spot covers about 2,500 square so you can’t see leaks with the naked count for and Manage Natural Gas miles—the size of the State of Dela- eye. Operators do not always use best Emissions.’’ It detailed the BLM’s ware. practices to detect and prevent leaks highly inconsistent practices approving This single cloud comprises nearly 10 either, but we now have readily avail- royalty-free venting and flaring inci- percent of all methane emissions from able technology, like infrared cameras, dents. natural gas in the United States. The that quickly and easily identify leaks. Looking at a random sample of oper- San Juan Basin is ranked No. 1 in per We don’t let leaky pipes in our homes ator requests to vent or flare from fis- capita methane pollution in the U.S. go unattended. For-profit companies cal year 2014, the GAO found that fully Scientists have been researching the shouldn’t be given a free pass to let gas 90 percent had inadequate documenta- sources of this methane plume. When leak on public lands. tion, but, despite the bad documenta- the hot spot was discovered, oil and gas Oil and gas operators under BLM tion, the BLM approved 70 percent of companies claimed the high concentra- leases reported flaring and venting 462 the requests, almost half of which were tions were caused by ‘‘natural’’

VerDate Sep 11 2014 02:23 May 11, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\CR\FM\A10MY6.002 S10MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S2858 CONGRESSIONAL RECORD — SENATE May 10, 2017 sources, but researchers have found out nues, and the technologies and prac- Not all States have passed methane this is wrong. They have identified 250 tices to prevent waste are economi- waste prevention rules. My home State sources—the majority of which are oil cally feasible. of New Mexico has not. New Mexico and gas operations and include gas In fact, many oil and gas operations needs to reduce methane emissions. wells, storage tanks, pipelines, and will see a net benefit. Like the com- Also, States and tribes may get a processing plants. pany in the San Juan Basin that got al- variance if they have similar rules that Of the four States, only Colorado has most a fivefold return on its invest- achieve the same results. robust rules to prevent methane emis- ment. The BLM worked with the EPA and sions. Colorado’s rules are proving suc- The BLM conducted an exhaustive States to ensure the rule works for cessful, and the BLM incorporated pro- cost-benefit analysis of the rule. them and does not impose conflicting visions from those rules. Looking at the average cost to a or redundant requirements. It is important for my State that the company to implement the rule, the Just last week, the EPA announced a BLM’s waste prevention rule stay on BLM found that profits would be re- 90-day delay on its own methane con- the books. We don’t need that methane duced by only 0.15 percent, a bit over trol rule based on industry’s objections hot spot in our backyard and New Mex- one-tenth of 1 percent. That is mini- to regulation. More concerning, the ico sorely needs the royalty payments mal. EPA withdrew its information request owed. That cost does not even count the from industry that was intended to The BLM’s rule is also important for savings to industry from increased pro- help EPA determine how to address tribes. As vice-chair of the Senate duction and increased revenues. methane emissions from existing oil Committee on Indian Affairs, I work to In fact, the BLM found that net eco- and gas sources. These EPA actions make sure the Federal Government up- nomic benefits to industry could be as mean the BLM rule is needed more holds all its trust responsibilities. One much as $47 million per year—taking than ever to reduce natural gas waste of those responsibilities is making sure into account the savings from in- and the proper collection of royalties. tribes get the royalties they are enti- creased revenues. Third, we hear that the BLM lacks tled to from private oil and gas compa- If the benefits of reducing methane the authority to regulate methane nies operating on Indian lands. are included, the overall net benefit is waste. Tribes receive 100 percent of the roy- huge—up to $204 million annually. In January of this year, the U.S. Dis- alties from the oil and gas leases on That number does not even count the trict Court of Wyoming denied a pre- their lands. The BLM estimates tribes public health benefits from reduced liminary injunction to block the rule. will get up to $12 million more in roy- ozone and hazardous pollutants. The court found that the rule ‘‘unam- alties over 10 years under the rule. Opponents have exaggerated the biguously’’ was within the BLM’s au- That is money we have a trust respon- costs to industry, and they have not thority. sibility to make sure tribes get. taken into account the benefits to The Congressional Review Act is a The BLM estimates the rule would States, tribes, and the public. blunt tool, and it is the wrong tool for reduce emissions of volatile organic Finally, there is no evidence any- Congress to use to change provisions in compounds, or VOCs, by 310,000 tons where that the rule will cost even one BLM’s methane waste prevention rule. over 10 years on tribal lands. Reducing job. Disapproval under the CRA would per- VOC emissions means cleaner air for In fact, the Bureau of Labor Statis- manently block the BLM’s authority tribes. tics has recorded 2,700 new jobs since to reform outdated rules, reforms that The Federal Government will not be November 2016, while the price of oil the GAO began recommending almost a upholding its trust responsibility if the has stayed flat. This month, the Baker decade ago. BLM rule is repealed. Hughes rig count showed 300 more rigs The BLM should not be prevented I have a statement from the Navajo drilling for oil and gas since the BLM from making sure the Federal Govern- Nation president, Russell Begaye, de- rule came into effect. This is an in- ment meets its obligations to States, tailing the reasons the tribe supports crease in production of over 50 percent. tribes, and taxpayers—the obligation the BLM’s rule. President Begaye Colorado issued the most comprehen- not to waste public resources and to states, ‘‘It would be contrary to BLM’s sive rules to date to decrease methane make sure the public gets a fair return trust responsibility to allow Navajo emissions, and not only have no jobs on the for-profit use of public re- Nation resources to be unreasonably been lost, but jobs have been gained as sources. wasted, particularly when best prac- new companies and technologies fo- For these reasons, I oppose the CRA tices can be cost-effectively employed cused on inspection, monitoring, and to disapprove the BLM’s waste preven- and are not overly burdensome to in- compliance have opened. These are tion rule. dustry.’’ good American jobs. Just as a final word to summarize A really important cobenefit of the In New Mexico, we have at least 11 why we are here and why this victory rule is protection of public health. new companies in the methane mitiga- was so important and why we need to Toxic chemicals like benzene—harmful tion business, and I want to see that hang tough on this: This could be to the public, carcinogenic—are emit- number grow. changed if they decide to do another ted with methane. Reducing methane Even if the rule were to force an op- vote or if they try to do another piece emissions will reduce these toxic emis- erator to shut down, that company of legislation or something. The core of sions. would be eligible for exemption from this needs to be protected. We are here Similarly, other VOCs—that con- the requirements. because we don’t want to waste our tribute to ozone or smog—are emitted So job loss is not an issue. natural resources, which belong to the with methane. Reducing methane emis- Second, we hear that the BLM’s rule people of America and belong to the sions will reduce smog formation. is duplicative and unnecessary, that Tribes. We want to create jobs, which Smog irritates the respiratory system, the EPA’s methane rule is adequate, is what this BLM methane waste pre- reduces lung function, and aggravates and that States are already regulating vention rule does. It creates jobs, and asthma—among other public health methane. it protects the public health. problems. Here are the facts. I believe we are going to have a cou- Without the Rule, not only do we The EPA’s rule only applies to new ple other speakers. I know Senator lose royalties for hospitals, schools, and modified oil and gas operations. HEINRICH is going to be here. and roads, but citizens pay more for The BLM’s rule applies also to existing Mr. President, I suggest the absence their hospital visits and healthcare. facilities. This is a big difference be- of a quorum. Industry arguments against the rule tween the rules. Making sure all cur- The PRESIDING OFFICER. The do not hold up. rent operations prevent waste is crit- clerk will call the roll. Industry argues the rule costs too ical to making sure taxpayers get the The senior assistant legislative clerk much and will kill jobs. benefit owed. proceeded to call the roll. That is not true. Here are the facts. The BLM’s rule covers areas not cov- Mr. MORAN. Mr. President, I ask First, the rule will result in in- ered by other Federal or State rules, unanimous consent that the order for creased production and increased reve- like wasteful routine flaring. the quorum call be rescinded.

VerDate Sep 11 2014 02:23 May 11, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\CR\FM\A10MY6.002 S10MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 10, 2017 CONGRESSIONAL RECORD — SENATE S2859 The PRESIDING OFFICER. Without back on a path in which there was ings as a result of a political state- objection, it is so ordered. enough agreement, respect among ment. Mr. MORAN. Mr. President, I ask Members, enough setting aside of par- I appreciate the opportunity to ex- unanimous consent to speak as in tisan differences to actually accom- press my concerns about what has morning business. plish legislation. I was pleased that we transpired and to ask for us to go back The PRESIDING OFFICER. Without did that, but today we fall back into to the time in which we worked to- objection, it is so ordered. the pattern of when something happens gether on a daily basis and we don’t AUTHORITY FOR COMMITTEES TO MEET REQUEST we want to make a political point. We use an excuse to shut down the com- Mr. MORAN. Mr. President, all of us, then obstruct the ability of others in mittee hearing process. every Member of the U.S. Senate, all the Senate to conduct their work, to With that, Mr. President, I yield the 100 of us, whether we are Republicans express their opinion, to gather the in- floor. or Democrats, want the U.S. Senate to formation they need. I suggest the absence of a quorum. function. We ought to want the Senate This came to my attention—what The PRESIDING OFFICER. The to be able to accomplish its work. It is transpired today—because this after- clerk will call the roll. a challenge all the time but learning noon at 2:30 was scheduled a hearing by The assistant bill clerk proceeded to what transpired this morning on the the Senate Veterans’ Affairs Com- call the roll. Senate floor, in my view, reaches an- mittee. That hearing has absolutely Mr. KING. Mr. President, I ask unan- other low for the Senate. nothing to do with the FBI. We have imous consent that the order for the It is hard to explain, but it takes the new Secretary of the Department quorum call be rescinded. unanimous consent for committees to of Veterans Affairs scheduled to testify The PRESIDING OFFICER. Without meet while the Senate is in session, about the Department’s plan for modi- objection, it is so ordered. and that is a request that is made on fications to a program called Choice AMERICAN HEALTH CARE ACT an ongoing basis when the Senate con- that is important to me, my constitu- Mr. KING. Mr. President, I rise to venes, and it happened again this ents, and to the veterans of Kansas. I speak briefly about the American morning. Almost without exception, it was so pleased the hearing had been Health Care Act that was passed last is routine. The rules require that 2 scheduled, and I was looking forward to week in the House of Representatives. I hours after the Senate convenes, no the questioning and having a conversa- thought a lot about this bill over the committee can then meet unless there tion with the Secretary of the Depart- past few days and over the weekend. I is agreement. So the majority leader ment of Veterans Affairs about how to talked to friends, I read about it, and I today requested that the unanimous make this system of Choice work for did as much analysis as I possibly consent be granted, just like in almost veterans who live in Kansas, from the could, given the fact that we don’t every other day in the Senate, but rural side of our State to the suburban have a Congressional Budget Office what was different today was an objec- and urban side of our State, but be- analysis of this complicated and impor- tion was raised by the minority whip, cause of a pique of anger, political pos- tant piece of legislation. I have con- and apparently the explanation is it is turing, and partisanship, the hearing is cluded that it is the most ill-conceived, because of the firing of the Director of apparently no longer able to take damaging, and downright cruel piece of the FBI last night. place. The hearing this morning, which legislation that I have ever seen a leg- Now, how the Senate is functioning could only last for an hour and a half islative body pass in my adult life. or not functioning seems to me to be and which I guess the minority mem- It drastically cuts support for Ameri- unrelated to what transpired last night bers walked out—seemed to me, at cans’ ability to obtain health insur- relating to the Director of the FBI. So least sounded like, to be things that ance. In Maine—again, as near as we in this place, where we are trying to do would be very important for us to pur- can tell, because we don’t have the the people’s work and make decisions sue. final analysis—the preliminary num- and do good for America, the spillover The Armed Services Subcommittee bers are this. Maine, under the Afford- over partisan politics, the spillover on Emerging Threats and Capabilities able Care Act, through the payments about playing a political game, high- was to have a closed briefing this to individuals and other support, is re- lighting a point has now caused the morning. The Homeland Security Com- ceiving about $354 million a year com- Senate to not be able to conduct hear- mittee was to examine cyber threats ing via the . After ings today. In fact, the minority Mem- facing America, focusing on an over- this bill, it appears that the number is bers of the Senate were instructed, re- view of the cyber threat landscape. The $80 million a year—$364 million to $80 quested, on their own volition—all left list is significant in the things that we million. That is almost an 80-percent the hearings that were already being ought to be paying attention to, and cut. No one can tell me the people of conducted this morning in protest over yet, because of an objection, those Maine are going to have better what transpired last night. hearings will not take place or were healthcare with an 80-percent cut in I am of a view that this is a diverse shortened or disrupted by only one par- the funds going to support their ability country. I am of a view that people of ty’s participation. to do so. It just doesn’t make sense. the U.S. Senate represent folks from I am not here trying to create fur- The way this bill works is, it is a tax across the country with different phi- ther partisanship between Republicans on the elderly. Under the Affordable losophies, different political parties, and Democrats. I am here trying to re- Care Act, there is a rule that policies different people, different backgrounds. mind ourselves that there is value in for older people, 50, 55, 60, cannot ex- We all bring to the Senate a set of allowing cooperation between the mi- ceed three times the rate of policies for characteristics that are different, one nority and majority, not for our own younger people. We all know that from another, but I have great regard benefits but for the benefit of the coun- younger people’s policies do in fact and respect for every Senator’s point of try and the citizens we represent. Ev- cost somewhat less because they tend view, and I would say that every Sen- erything does not have to be partisan. to be healthier, but the rule was no ator ought to have the ability to ex- Everything does not have to be polit- more than 3 to 1. Under the bill that press their views on behalf of their con- ical. was passed by the House last week, it stituents, but we can only do that if we Today we see the Senate sliding back is now 5 to 1. That is an elder tax, and allow the Senate to function. into the habit of making things that Maine happens to be the most elder I was on the Senate floor not long we have really nothing to do with and State in the United States. If they had ago praising the fact that we finally weren’t the cause of taking place—ap- taken a blank sheet of paper and said: were successful in the appropriations parently to make a political point and We want to write a bill to harm the process; that we passed the fiscal year perhaps to score votes for support in a people of Maine, it would have been 2017 appropriations bill. For too long, political way. We ought to all, as U.S. this bill. the appropriations process has been Senators, respect the opinions, values, There also is a massive cut to Med- broken down, and we have conducted and the positions of others, but we do icaid—$880 billion—and the sponsors to business in the United States by con- that in a setting in which we all come this bill claim that they are helping tinuing resolution. I thought we were together, not in which we cancel meet- the deficit. How are they doing it? By

VerDate Sep 11 2014 02:23 May 11, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\CR\FM\G10MY6.010 S10MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S2860 CONGRESSIONAL RECORD — SENATE May 10, 2017 shifting the cost to the States—shift I have been working on this issue Getting treatment for substance and shaft. Balancing the Federal budg- since I got to the Senate. I have been abuse disorder is not easy, but this bill, et by simply taking costs that are now meeting with people throughout the American Health Care Act, which borne by the Federal Government and Maine—in hospitals and in recovery— is a misnamed bill—it should be the passing them off to the States is not and meeting with families and parents American Take Away Health Care responsible fiscal policy. and law enforcement. The one thing Act—only makes it worse. Why don’t we just have the States that comes through loud and clear is On top of all of this, the administra- fund the U.S. Air Force? That would that treatment works and that we need tion has recently indicated that it is save us billions of dollars a year—prob- it and that we do not have enough talking about essentially dismantling ably $100 billion a year. Shift that to available beds in Maine and across the the Office of National Drug Control the States—and $880 billion shifted to country. Policy—the highest level to be working the States. This is a terrible disease, but the on this problem in a coordinated way Then there is what I call the figleaf— most tragic thing of all is when some- in the Federal Government. Here we the preexisting condition provision one finally reaches the point at which are, in the midst of the most serious which talks about the Maine plan, he is ready to ask for help and he is drug crisis in the history of this coun- which was a plan that preceded the Af- told ‘‘Sorry, there is a 3-week wait’’ or try, and the administration is talking fordable Care Act, which did give pro- ‘‘There is a 3-month wait.’’ That is about gutting the very office that is tection for preexisting conditions, but when lives are lost and families are de- supposed to lead the fight. It would it was adequately funded. It cost about stroyed. have been as if, in the middle of World $64 million a year to fund our pre- Treatment does work. I have met War II, we had abolished the Depart- existing plan. Again, because we don’t with people for whom it has worked ment of Defense. It makes no sense. It have the precise figures—but it looks and changed their lives. I have a friend is moving in absolutely the wrong di- like under this new bill, that $64 mil- in Portland named Andrew Kiezulas, rection. lion would be $20 million, one-third as who I believe is graduating this week- By supporting this healthcare bill— much, a two-thirds reduction. It is not end from the University of Southern or non-healthcare bill—in the House of a real preexisting condition plan; it is Maine. He has been through this. He Representatives, which will drastically a figleaf. It is to say to people: We are has been to the bottom, and he is now cut Medicaid, drastically cut reim- covering preexisting conditions—non- on the mountaintop. He knows treat- bursements for health insurance, dras- sense, not true. ment works, and it has made a dif- tically limit the availability of cov- Of course, the final piece of this bill ference in his life. Without it, he would erage for preexisting conditions—by is a massive tax cut for the top one- not be where he is today. Justin Reid, the way, drug addiction could be one— tenth of 1 percent of people in this another young man from Southern and drastically eliminate the essential country. They will not even notice it, Maine, was in the throes of addiction benefits provisions of the Affordable but the people who lose their and escaped. He now runs a sober house Care Act, we are just making it worse. healthcare will notice. and volunteers for a program with his The Office of National Drug Control Now, under the Affordable Care Act, local police department. Policy has things like the Drug-Free there is a list of essential benefits Access to treatment is much easier Community Support Program, which which includes mental health and sub- with health insurance and with suffi- administers small grants to small stance abuse. That is a big deal. That cient Medicaid support. The House bill towns. That can make a real difference. allows and assures people to have cov- simply makes it more difficult to ac- Last fall, 18 Maine programs each re- erage for these very damaging and dan- cess treatment. It penalizes the very ceived $125,000, and the DFC’s 2014 na- gerous, in the case of substance abuse, people who have taken the hard step to tional evaluation report said that there conditions. Under this bill that passed say that this is what they need. was a significant decrease in the 30-day in the House, States can waive those Let me tell you a story. Matt Braun use of prescription drugs for youth in provisions and the waiver is very easy. is from Cape Elizabeth, ME, right out- communities with one of these pro- The standards for the waiver are very side of Portland. In 2009 Matt entered grams. easy, and if the Federal department treatment for opioid addiction. His par- Prevention is one of the things we doesn’t respond in 60 days, the waiver ents, who were strong, middle-class, need to work on, and it is one of the is automatically provided. In those professional people, purchased what things we need to understand. Yet States when they have a waiver, men- they thought was good health insur- talking about this problem is not going tal health and substance abuse services ance for their family. After 5 days of to solve it. Treatment is going to solve could be covered under a specialized treatment, they received a call that it. Money for treatment is going to plan which would be very expensive. By the insurer was not going to pay for solve it. Beds for treatment are going the way, this waiver covers both the any more. We have decided your son to solve it. Detox centers are going to individual market and employer-based only needs 5 days. His parents argued, solve it. More resources to law enforce- coverage. How many people will be im- and the medical staff argued. They fi- ment are going to solve it. More re- pacted? We do not know because we do nally won. They got 7 days of treat- sources to the Coast Guard, in order to not have an analysis from the Congres- ment. Those extra 2 days made a dif- interdict drug shipments coming into sional Budget Office. ference. this country, are going to solve it. I want to talk for the remainder of The insurance company said that it There is no single answer, but at the my time about opioids and what this was not going to help, that he was core is commitment. Passing this bill bill would do on that. going to be a chronically relapsing, from the House, which drastically un- We are in the midst of a crisis in drug-addicted person, so they were dermines all of those elements of treat- Maine and across the country. It is the going to stop at 7 days. They said he ment and prevention, and then talking most serious public health crisis in my would not make it. His parents did not about dismantling the office that has adult life. In Maine, with regard to sub- give up. led this fight in the entire Federal Gov- stance abuse and overdose deaths, you Matt stayed in treatment and has ernment, is beyond comprehension in can see what has happened in the last been sober ever since 2009. He is suc- the midst of where we are. 5 years. More than one person a day is cessful. He is getting ready to take the If this graph were doing this, if it dying of an overdose. Across the coun- MCAT. He wants to go to medical were going down, I would be OK with try, it is four an hour. We have turned school. His goal is to approach addic- it. But it is not going down; it is going ourselves inside out in this country in tion from the perspective of a health up. It is getting worse, and we have to order to deal with of ter- professional and offer care and support deal with it. rorism, for example, which was en- to people who are struggling in the way As we work through this issue of tirely appropriate. Yet what if we had he did. healthcare—hopefully we are going to a terrorist attack that was killing ‘‘It is frustrating how insurance com- start with a blank sheet of paper over 37,000 people a year across our country, panies dictate what treatment looks here—I hope we will bear in mind that and we were just sort of going along, like and what a life is worth,’’ said one of the most serious health prob- business as usual? Matt. lems in the country today is opioid

VerDate Sep 11 2014 02:23 May 11, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\CR\FM\G10MY6.011 S10MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 10, 2017 CONGRESSIONAL RECORD — SENATE S2861 abuse. This is not all about ideology, one of the most critical in my 42 years That is why I and others have said and it is not about policy. It is about in the Senate—a sprawling inquiry for months that a special counsel must people. It is about Matt, and it is about that implicates senior officials in the be appointed to lead the Russia inves- Andrew. It is about the thousands and Trump campaign and administration. tigation. A special counsel, unlike an millions of people across this country The press is now reporting that FBI Director or a Deputy Attorney who are struggling, who want to lead President Trump weighed firing the General, cannot be fired by the Presi- productive lives, and who want to con- FBI Director for more than a week, dent. The American people must have tribute to their communities. All they after he became enraged at Director confidence that ours is a government of need is to have that moment when Comey’s statements and actions in the laws, not of the whim of a President— treatment is available, when a helping Russia investigation. There are even any President. hand is available, when caring is avail- reports that his firing may have been Frankly, our Nation is at a precipice. able to help them escape the throes of precipitated by grand jury subpoenas There is a counterintelligence inves- this terrible disease and rejoin their issued to associates of President tigation into the campaign and admin- communities and their families. That Trump’s former National Security Ad- istration of a sitting President. There is what we have to keep in front of us visor. I have no doubt that we are is evidence that that campaign as we work here in this body. We can going to learn more disturbing details colluded with a foreign government make a difference in people’s lives, but as to the President’s true motivations. that is an adversary of ours to sway our Presidential election. Now the in leaving them behind, we will cer- I am willing to bet anything that none President has fired the lead investi- tainly not do so. of them will be because of the feeling I yield the floor. that the FBI was too tough on Sec- gator, FBI Director Comey, under what I suggest the absence of a quorum. retary Clinton. any fairminded person would say is ab- The PRESIDING OFFICER (Mrs. I am also troubled that Attorney surd and false pretenses. There are several inquiries underway ERNST). The clerk will call the roll. General Sessions played a role in Di- into Russian interference and collusion The bill clerk proceeded to call the rector Comey’s firing. The Attorney with Russia in the elections, but the roll. General had supposedly recused himself President has fired the head of the only Mr. LEAHY. Madam President, I ask from the Russia investigation—and for investigation that could bring criminal unanimous consent that the order for good reason: He was a central figure in charges. In fact, it has just been re- the quorum call be rescinded. the Trump campaign that is now under ported that this came just days after The PRESIDING OFFICER. Without investigation. And he provided false objection, it is so ordered. Director Comey asked for additional testimony to the Judiciary Committee funding for the investigation. None of Mr. LEAHY. Madam President, what to hide his own contacts with Russian is the parliamentary situation? this is normal—it is something I have officials. Having done that, it is beyond never seen in Republican or Demo- The PRESIDING OFFICER. The Sen- inappropriate for him to then rec- ate is considering the Lighthizer nomi- cratic administrations—and we cannot ommend the firing of the official over- treat it as such. nation. seeing the Russia investigation. Mr. LEAHY. I thank the Chair. President Putin’s goal, as we now I ask: Does anyone really believe know, last year was to undermine our FIRING OF JAMES COMEY that President Trump is interested in democratic institutions, to corrode Madam President, I couldn’t help but getting to the bottom of Russia’s inter- Americans’ trust and faith in govern- think, with the discussions earlier ference with our elections? Based on ment, and to sway the outcome of the today, that the President’s dismissal of his past performance, does anyone be- election in favor of . If FBI Director James Comey is so inap- lieve the Attorney General is inter- we do not get to the bottom of Russia’s propriate that it is hard to know where ested in getting to the bottom of Rus- interference in our democracy, Putin to begin. sia’s interference with our elections? will be successful. The President ap- In less than 4 months, this President Does anyone believe that the White pears to be content with that result. has pushed our country to the edge of House will allow investigators to fol- But I know, in talking with many Re- a constitutional crisis—a crisis that in low the facts without interference or publican Senators as well as Demo- many ways seems more complex, and obstruction at every turn? cratic Senators, that they are not con- potentially more threatening, than the In fact, a quick review of President tent with it. one instigated by President Nixon’s Trump’s account, where he We have to understand, in our great order to fire the special prosecutor who does most of his deep thinking, would democracy, in the greatest Nation on was investigating Watergate. dispel any such illusions. Earth, that we cannot allow any coun- First, I think we can easily dismiss This is the same White House that try to try to interfere in our elections. President Trump’s transparent pretext interfered with the House Intelligence We know the Russians wanted to do for dismissing FBI Director Comey. Committee’s investigation—inter- that. We know President Putin wanted President Trump claims to have re- ference so strong that the Republican to do that. We know he wants to do it moved the FBI Director because of his chairman in the House investigation in many other countries. I think we unfair treatment of Secretary Clinton. had to recuse himself. owe it, not only to ourselves but all This does not pass the laugh test, and This is the same White House that these other countries, to stand up and we know it is not true. President reportedly sought access to the highly say: We know what you are trying to Trump celebrated Director Comey’s classified FISA Court surveillance do; here is how you tried to do it. mistakes in handling the Clinton email order that purportedly authorized sur- America won’t stand for it, and we investigation. He encouraged leaks veillance of Trump associates. hope none of our democratic allies will. from the FBI. He pressed Director This is the same White House that We 100 Senators may disagree on pol- Comey to release more embarrassing demanded the FBI Director and the De- icy matters and we may have sup- evidence. He even praised Director partment of Justice issue perfunctory ported different candidates last No- Comey after the Director’s misguided statements to clear President Trump’s vember, but I respect all Senators, and letter to Congress last October. Yet, name. I believe we all agree on the supremacy now, the President would have us be- Even the President’s letter informing of the rule of law. No person, no Presi- lieve that these same events compelled FBI Director Comey of his dismissal dent should be above the supremacy of him to fire the FBI Director more than indicated the President had directly the rule of law. I believe we fulfill our 6 months after it occurred. This unbe- asked the FBI Director whether he was duty to the country if we stand united lievable claim, if it was not so sad, under investigation—three times. That in calling for a truly independent in- would be laughable. should never happen. No President vestigation. There simply is no avoid- The truth is that the President re- should be asking such a question. It is ing the fact that this cascading situa- moved the sitting FBI Director in the stunning, but it should also be inform- tion demands the prompt appointment midst of one of the most critical na- ative. It is clear that any credible in- of an independent special counsel to tional security investigations in the vestigation must take place outside pick up the pieces of these investiga- history of our country and, certainly, the political chain of command. tions. How we respond at this moment

VerDate Sep 11 2014 02:23 May 11, 2017 Jkt 069060 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\CR\FM\G10MY6.012 S10MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S2862 CONGRESSIONAL RECORD — SENATE May 10, 2017 is a test of our commitment to the sep- sure that our seniors are connected to I just don’t understand why we are aration of powers. It is a test of wheth- community. I want to indicate that we being prohibited from proceeding to do er the Senate can truly be the con- have four witnesses who, at their own our work, to do our important jobs on science of the Nation, as it should. This expense, have flown in to participate in an issue where we have four experts is not just a scandal. The President’s this hearing this afternoon. One of from four different States, including actions are neither Republican nor them, Lindsay Goldman, is the director the State of the Democratic leader, in- Democratic. They are authoritarian. of healthy aging from the Center for cluding a witness chosen by the rank- This is an effort to undo the ties that Health Policy and Programs from Rye ing member of the committee, and bind our democratic form of govern- Brook, NY. Another is from Dover- none of that matters. We are being pro- ment. All of us—both sides of the Foxcroft, ME. A third is from Spring hibited from holding this hearing. aisle—must now put country over Grove, PA. The fourth is from Miami, Mr. President, it is a great dis- party. FL. appointment to me—and I am sure it is In my years here, I have worked with Each of these witnesses was chosen going to be a great disappointment to both Republican and Democratic Presi- in connection with my staff’s consulta- our witnesses and our committee mem- dents. I have worked with them and tion with the Democratic staff of the bers—that we are going to have to can- supported them, notwithstanding their committee. As you can see, they rep- cel this hearing for reasons that are to- parties, in what I felt was in the best resent the States of New York, Maine, tally unrelated to the subject of this interest of this country. I feel privi- Pennsylvania, and Florida, and they hearing. leged that Vermont has allowed me to incurred great expense in order to Mr. President, I yield the floor. serve long enough to become, as my come here. Seeing no one seeking recognition, I predecessor was, dean of the Senate. I am very disappointed to learn that, suggest the absence of a quorum. But I have also, in deciding to stay due to issues that are totally outside The PRESIDING OFFICER. The here as a Senator, always had the abid- the purview of the Aging Committee— clerk will call the roll. ing faith that you can and should be completely disconnected with this non- The legislative clerk proceeded to the conscience of the Nation. This partisan, bipartisan look at an issue call the roll. great Nation deserves no less. That that ought to concern all of us—we are Mr. CARDIN. Mr. President, I ask means we set aside party labels and going to be prohibited from holding unanimous consent that the order for adopt just one label—United States this official hearing this afternoon. I the quorum call be rescinded. Senator. am baffled by this. This has nothing to The PRESIDING OFFICER. Without With that, let us make sure there is do with the firing of Jim Comey. It has objection, it is so ordered. a clear, full, credible, honest investiga- nothing to do with the Intelligence FIRING OF JAMES COMEY tion of how Russia tried to influence Committee’s ongoing and successful in- Mr. CARDIN. Mr. President, I was, to our elections; a full, clear, thorough, vestigation of Russian influence on our say the least, shocked last night when honest investigation into if Russia has investigations. It has nothing to do I heard that President Trump had dis- ties to anybody in our government; with the healthcare debate that is missed FBI Director Comey from his and, a full, clear, honest understanding roiling this Congress. position as the Director of the FBI. To This is a hearing that has to do with of how we make sure that never hap- me, this decision by President Trump the health and well-being of America’s pens again, to either Republicans or crossed the line. I have tried to under- seniors. It is not political in any way, stand what was going through the Democrats. and to ask these four witnesses, who I yield the floor. President’s mind at the time he dis- have come from four different States, I suggest the absence of a quorum. missed Mr. Comey. It is clear that he including the State of the Democratic The PRESIDING OFFICER. The had memorandums written by the De- leader, to go back home and waste all clerk will call the roll. partment of Justice that were released The senior assistant legislative clerk this travel money and not help us bet- at the time, but there is also a clear in- proceeded to call the roll. ter understand how we can deal with an dication that President Trump had Ms. COLLINS. Mr. President, I ask issue that affects the health and well- been considering this decision for over unanimous consent that the order for being of our seniors is just plain wrong. a week and that after he had reached Therefore, Mr. President, I make a the quorum call be rescinded. the decision to fire Mr. Comey, he request that the Aging Committee be The PRESIDING OFFICER (Mr. needed grounds from the Department permitted to meet at 2:30 p.m. today PERDUE). Without objection, it is so or- of Justice and that that information for its hearing, Aging With Commu- dered. was supplied to Mr. Trump for his deci- nity: Building Connections that Last a UNANIMOUS CONSENT REQUEST AUTHORITY FOR sionmaking. This was Mr. Trump’s de- — Lifetime. I ask unanimous consent COMMITTEE TO MEET that the committee be allowed to cision. At the time he dismissed Mr. Comey, Ms. COLLINS. Mr. President, this meet. afternoon, the Senate Special Com- The PRESIDING OFFICER. Is there President Trump’s associates had been mittee on Aging is scheduled to hold objection? involved in the investigation being the second part of a two-part series of The Democratic leader. done by the Department of Justice. hearings that we are holding to explore Mr. SCHUMER. Given that we have This is a criminal investigation that is the impact of isolation and loneliness no path forward on the horrible and being done by the Department of Jus- on the health and well-being of our sen- momentous events of last night from tice because of Russia’s interference iors. The name of our hearing for this the majority, I am constrained to ob- that involved Mr. Trump’s associates afternoon is Aging With Community: ject. in the U.S. election system. We do not Building Connections that Last a Life- The PRESIDING OFFICER. Objec- know where that investigation is time. tion is heard. going—we do not—but we do know now In other words, under the first hear- Ms. COLLINS. Mr. President, I see that the President of the United States ing that we had 2 weeks ago, we the Democratic leader is rapidly leav- has compromised the ability of that in- learned that isolation of our seniors is ing the floor, so he obviously does not vestigation by firing Mr. Comey. That associated with a greater incidence of want to hear anything more about our should not happen in American poli- depression, diabetes, and heart disease. hearing, but this makes no sense what- tics. No one is above the law. We also learned that the health risks of soever. The timing of Mr. Comey’s firing is prolonged isolation are comparable to This is an example of the dysfunction extremely suspicious. If the President smoking 15 cigarettes today. of the Senate. How does it make sense were really concerned about the FBI Well, this afternoon is the second that the Aging Committee, which oper- Director’s conduct in the Hillary Clin- part of our investigation of this issue, ates in a completely bipartisan man- ton email investigation, why didn’t the and we had planned to hear from four ner, is being prohibited from holding a President fire Director Comey when he experts who were going to tell us how hearing that is important to our sen- took the oath of office in January? It you can build a better sense of commu- iors and that has nothing to do with just does not add up. No one is above nity for our seniors, how you can make the issues that are in the news today? the law.

VerDate Sep 11 2014 02:23 May 11, 2017 Jkt 069060 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\CR\FM\G10MY6.014 S10MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 10, 2017 CONGRESSIONAL RECORD — SENATE S2863 According to news reports, President engaged in trying to compromise our in going into many more parts of the Trump was also upset over the amount election system by calling into ques- world. Russia is now engaged in Af- of media coverage that the FBI Direc- tion the confidence of our system and ghanistan. We have had one of our tor and the investigations were at- trying to tilt the scales in favor of one longest wars ever in Afghanistan and tracting, and the White House asked of our candidates. Russia made contact our commitment to the people of Af- DOJ officials to come up with reasons. with Americans in order to further its ghanistan to have a democratic govern- It is clear to me that the decision to game at bringing down our democratic ment. So Russia is now engaged with fire Mr. Comey was a personal decision system of government. the Taliban, trying to upset our ability that was reached by President Trump This is not unique to the United to bring all of the parties together in and that it was known by him at the States. Russia has used similar tactics unity in the government. time that it would compromise the in- in other elections of democratic coun- That, to me, is totally counter to his- vestigation that is being done by the tries. In the Montenegro election, we tory. We know about Russia’s presence Department of Justice. saw that Montenegrins were voting on in Afghanistan. Does anyone believe I have been approached by others in their government’s accession into Russia is really sincere in maintaining their saying that Mr. Comey was not NATO and that Russia exported indi- peace in that country? popular with Democrats or Republicans viduals into that country to try to dis- Then we see Russia’s fingerprints in and that he had done things during his rupt that election. They were not suc- , trying to get a naval base on term as Director that had upset a lot of cessful, but they tried. Just recently, the Yemeni coast, showing no concern us, which is true, but the Director of in the French election, we saw how for the humanitarian crisis that has the FBI has a 10-year term for a rea- Russia got directly involved in trying been created in that country. We see son—a term that is longer than the two to help one of the candidates who it be- Russia’s presence in Libya, supporting terms of the President of the United lieved would help pull France away General Haftar, who has committed his States. This is not a partisan position. from the EU and create a vacuum for own human rights violations and war The FBI is not required to be popular Russia’s influence, but the French vot- crimes and has disrupted the Govern- with either Democrats or Republicans. ers turned that down. It was not suc- ment of National Accord, which is our What he is required to do is to uphold cessful, but that does not mean Russia best chance for peace in Libya. the law of the land for all Americans, will not continue to try to bring down We see Russia’s presence in Nica- and no one is above the law. That is democratic systems of government. ragua, sending troops and equipment to Mr. Trump’s casual and consistent what we expect from the Director of that country and now building a major dismissal of the facts, as laid out by the FBI. compound that many believe is being the entire Intelligence Committee, President Trump has compromised built to spy on the U.S. compound. about Russia’s engagement in the the integrity and independence of the That is Russia. United States should set off alarm FBI. At this point, what can we do? I So to President Trump: It is not busi- bells. It cannot be business as usual. would suggest, with regard to the ness as usual with Russia. There is a Yet, today, President Trump and Sec- criminal investigation that is being reason we need an independent com- retary Tillerson met with Foreign Min- done by the Department of Justice, mission to investigate what Russia was ister Lavrov. Today of all days, they that there is only one course of action doing in the United States because decided to meet like nothing has hap- that will maintain the credibility of Russia is trying to create space where pened, but a lot has happened. Did we that investigation, which is that it is they can expand their influence, and see any indication that the purpose of incumbent upon the Department of expanding their influence is for values that meeting was to raise our strong Justice to name, as soon as possible, a that are just the opposite of ours—a objections to Russia’s interference in special prosecutor to take over that corrupt government, no respect for our election system or Russia’s com- role. human rights, no respect for demo- If that is not done, in my view, it will promising Americans to try to help in cratic institutions, and opposition to a be difficult to have the confidence of regard to its campaign against our free free press. That is what Russia is try- the American people that that inves- election system or Russia’s engage- ing to expand. We know that in their tigation is not being directed by those ment and encroachment into other involvement in the United States, they who were supposed to be the subject of countries? Did we really hear a com- are trying to find a way to expand that that investigation. mitment by the President of the opportunity. I think it would also compromise the United States that we would not tol- nomination process of the next Direc- erate that type of behavior by Russia? So it is for all of those reasons it can- tor of the FBI. If we do not have a spe- No. Business as usual. The President not be business as usual, and when the cial counsel named, then there will be wants to establish a friendlier relation- President of the United States inter- so much focus on how that next Direc- ship with Russia. feres with a criminal investigation tor will handle this investigation that Russia has not just tried to bring that was precipitated by Russia’s en- we really will not have attention paid down free elections systems; they have gagement in the United States, every to the other responsibilities and tal- invaded other countries. We know American should be alarmed. Every ents of that individual to be able to about the active campaign in , American should be asking what we handle the FBI’s broad jurisdiction. the annexation of Crimea, the Russian can do to make sure we have an inde- If that is not resolved—the investiga- presence in Moldova and Georgia. I met pendent review so we can take steps to tion and the appointment of a special with the Prime Minister of Georgia protect our national security. prosecutor—it is difficult to see how we with Senator WICKER earlier today, and It is not acceptable for the Senate to are going to have a truly bipartisan he can tell you firsthand about how say business as usual. We need to come process for maintaining support for the their country is trying to deal with the together and facilitate the independent FBI. Russian presence in their sovereign review of potential criminal involve- I urge the Deputy Attorney General country. ment of Americans in facilitating the to name, as soon as possible, a re- We all know about Russia’s engage- Russians and what they were doing, spected person as an independent pros- ment in other parts of the world. Their and we need to have an independent re- ecutor to take over this investigation. engagement in is bringing about view of all of what Russia was doing in There are deeper concerns than just serious challenges to trying to resolve this country so we can take the nec- the President of the United States’ the crisis in that country. The Russian essary steps to protect our national se- hampering a criminal investigation in Government supporting the Assad re- curity. which associates of his are involved be- gime, war crime activities targeting Mr. President, I suggest the absence cause it also involves a country that is humanitarian convoys, targeting hos- of a quorum. not a friend to the United States. All of pitals, the use of chemical weapons— The PRESIDING OFFICER. The this was triggered by Russia’s involve- all of that is facilitated by Russia. clerk will call the roll. ment in our democratic election sys- That is well known, but it might be not The bill clerk proceeded to call the tem. We know that Russia was directly as well known that Russia is ambitious roll.

VerDate Sep 11 2014 02:23 May 11, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\CR\FM\G10MY6.016 S10MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S2864 CONGRESSIONAL RECORD — SENATE May 10, 2017 Mr. DAINES. Mr. President, I ask ‘‘I do not have confidence in [Comey] ica, who have traveled thousands of unanimous consent that the order for any longer,’’ and on that very same miles, to testify today at our request. the quorum call be rescinded. day, House Minority Leader NANCY I yield the floor. The PRESIDING OFFICER (Mr. COT- PELOSI said: ‘‘Maybe he’s not in the The PRESIDING OFFICER. The Sen- TON). Without objection, it is so or- right job.’’ ator from North Dakota. dered. But this water, as we can see these UNANIMOUS CONSENT REQUEST—AUTHORITY FOR Mr. DAINES. Mr. President, I ask samples in front of me, has nothing to COMMITTEE TO MEET unanimous consent to display water do with the FBI. There are over 36,000 Mr. HOEVEN. Mr. President, I have a samples from the State of Montana on Americans spread across Montana and request for the Indians Affairs Com- the Senate floor. North Dakota without access to clean mittee to meet today at 2:30 p.m. The PRESIDING OFFICER. Is there water. If the mayor of Flint, MI, flew First, we have a markup in the In- objection? here to testify about the quality and dian Affairs Committee. The two bills Without objection, it is so ordered. challenges facing their water system, we are marking up are Democrat-spon- UNANIMOUS CONSENT REQUEST—AUTHORITY FOR no one would have blocked that hear- sored bills. The first one is Senator COMMITTEE TO MEET ing. Frankly, this is just another sign TESTER’s bill, from the State of Mon- Mr. DAINES. Mr. President, today of the marginalization of rural Mon- tana, which would provide support for our friends across the aisle have de- tana and rural America. I was sent Native languages. I guess the summary cided to hold up Senate committee here to fight for rural Montana, to is that it would support the education meetings. Because the Democrats ob- stand for rural America, and that is of Indian children. I believe it relates ject to the dismissal of James Comey what I will continue to do. This hear- to Native languages in that edu- from the FBI, they have chosen to play ing needs to happen today. cational capacity. So that is one of the politics and prevent scheduled hearings Mr. President, I have a request for bills, Senator TESTER’s bill. from occurring. That means everyone the Energy Committee to meet at 2:30 The other bill we are marking up is who has taken time to fly to Wash- p.m. today. I ask unanimous consent Senator ’s bill, also a Demo- ington, DC, to testify before Congress— that the committee be allowed to crat-sponsored bill. The short narrative per our request—and update us on im- meet. I have is this: To extend Federal rec- portant issues that face the Nation will The PRESIDING OFFICER. Is there ognition to the Chickahominy Indian not be heard. objection? Tribe, the Chicahominy Indian Tribe- One of those scheduled hearings is in The Senator from Hawaii. Eastern Division, the Upper Mattaponi the Energy and Natural Resources Sub- Ms. HIRONO. Mr. President, reserv- Tribe, the Rappahonnock Tribe, the committee on Water and Power, of ing the right to object, these are not Monacan Indian Nation, and the which I am a member. This hearing usual times. Representing the State of Nansemond Indian Tribe. was going to investigate the Dry- Hawaii, of course, we care about clean The reason that is significant, that is Redwater and the Musselshell-Judith water. So with all due respect to my something that both Senator KAINE Rural Water Systems. This is a criti- colleague from Montana, we under- and Senator WARNER—both Senators cally important issue to Montana. stand the importance of this issue to from Virginia—have been working on This hearing was going to focus on the people of his State. However, as I for some time. The reason it is timely water from Circle, MT. These are water said, these are very unusual times, and, is that they have Pocahontas’s birth- samples from different families in the on the President’s decision to fire Di- day celebration coming up, which I Circle, MT, area. This is from the rector James Comey in this manner, think is going to be a large celebration Arensons’ tap. This yellow-tinted under this pretext, and at this time, it in the Commonwealth of Virginia. water here is from the Goods’ tap. This is also a total disservice to the Amer- They were hoping to have these Tribes cloudy sample here is from the Hances’ ican people. recognized before this birthday cele- tap. This attempt, intended to derail and bration for Pocahontas. It is a timely These are all from Circle, MT. This is disrupt the FBI’s ongoing investigation issue. from the Carlsons’ tap. You probably into Russia’s attempt to disrupt or Obviously, we can’t advance the bill can’t see it—perhaps on camera and on interfere with our democracy and the to the Senate floor unless we mark it the floor—but there is particulate in Trump team’s ties to those attempts, up. At the request of those two Demo- here, floating, something you wouldn’t should be a matter of national concern, cratic Senators from the Common- want to drink. This is water from the not a Republican or Democratic con- wealth of Virginia, we are scheduled to Rosaaens’ tap. These samples all came cern. We need a bipartisan call for a mark up those bills and get them to from a small town in Eastern Montana, special prosecutor who will conduct an the floor and try to do it in a timely Circle, MT, and the image here to my impartial, thorough investigation, un- way because of the celebration they are left is from Roundup, MT. This unac- tainted by political consideration. trying to get prepared for. Everybody ceptable, unclean tap water is in the Therefore, I object. knows the story of Pocahontas and homes of Montanans and North Dako- The PRESIDING OFFICER. Objec- why that would be a big celebration tans right now as we speak. tion is heard. and certainly a big deal in the Com- The mayor of Harlowton, MT, a town Mr. DAINES. Mr. President, if I could monwealth of Virginia. of about 1,000 in rural central Montana, respond to my colleague from Hawaii. Again, as we debate this on the Sen- is here today to testify. I met with him The folks who have been derailed ate floor, I think Senator DAINES made just yesterday. He came to our Mon- today are the men and women who some strong points, and I would cer- tana coffee this morning. He spent over have traveled thousands of miles to be tainly appeal to our colleagues across $1,000 on a flight. He spent almost $600 here from very small communities the aisle to consider what I just de- on hotel accommodations, not to men- across our country. They have taken scribed as far as those markups. tion the cost of other incidentals. Now time away from work and their fami- In addition to those markups, we also the Democrats will not let him speak. lies to be here to show our committees have a hearing on several bills. The Why? As the chairman of the Senate what is going on in rural America and first one is a McCain bill, and it is to Western Caucus, it is shameful—as the unacceptable quality of water. amend the PROTECT Act to make In- other witnesses have flown and spent Water is a basic need. We have water dian Tribes eligible for AMBER Alert thousands of dollars—to prevent im- samples here that I think would be grants. proving water quality in our States. shocking to most Members in this Everybody knows what the AMBER The Arizona witness, for example, body. I am just saddened to see that Alert Program is and how important spent $2,400 and 3 days out of the office Democrats are going to derail these that program is to protect our young to come back and testify today. The hearings this afternoon. Yes, let’s have people when they get abducted. The North Dakota witness spent $1,300. a fight about the FBI and the firing of reason Senator MCCAIN, from Arizona, Yes, the FBI needs to regain the Comey. We can have a good-spirited de- is bringing this bill forward is because trust of the American people. In fact, bate about that. But why are we pre- there was an abduction in Arizona, and Senator SCHUMER on November 2 said: venting these folks from rural Amer- the AMBER Alert went out late. I

VerDate Sep 11 2014 02:23 May 11, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\CR\FM\G10MY6.019 S10MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 10, 2017 CONGRESSIONAL RECORD — SENATE S2865 think the AMBER Alert went out a day of this. We need to get to the bottom of memo written by Deputy Attorney late. the Trump team’s ties to these efforts, General Rosenstein, which cited the Senator MCCAIN has this PROTECT and this thinly veiled attempt by Director’s handling of the Hillary Clin- Act so we can make sure the AMBER President Trump to derail or disrupt ton email investigation as damaging Alert is working in Indian Country, these investigations cannot be sus- the FBI’s reputation and credibility. and you certainly can understand how tained or supported. These documents create more ques- important it is that we do that. We We continue to ask for a bipartisan tions than they answer. have to have a hearing on the bill call for a special prosecutor who will First, the letter from President again so we can advance the bill to the conduct an impartial, thorough inves- Trump to Director Comey firing him. Senate floor for consideration. tigation, untainted by political consid- President Trump, ever eager to put dis- The final bill that we would have a erations into the Russia-Trump mat- tance between the Russian inquiry and hearing on in committee, if we are al- ter. Therefore, Mr. President, I object. himself, wrote: ‘‘While I greatly appre- lowed to meet, is a Murkowski bill, The PRESIDING OFFICER. Objec- ciate you informing me, on three sepa- Senator MURKOWSKI from Alaska. It tion is heard. rate occasions, that I am not under in- would provide the conveyance of cer- The Senator from Minnesota. vestigation, I nevertheless concur with tain property in this State. FIRING OF JAMES COMEY the judgment of the Department of You have to realize that the wit- Mr. FRANKEN. Mr. President, I rise Justice that you are not able to effec- nesses—and I think certainly the good to address President Trump’s stunning tively lead the Bureau.’’ Senator from Hawaii will appreciate dismissal of FBI Director Comey yes- Again, we know the FBI is con- this—had to come here from Alaska, terday evening. We know the Russians ducting a criminal investigation into which is quite a lengthy trip. When the interfered in the 2016 election. We whether members of the Trump cam- Senator travels back home to Hawaii, know the Russians did so in order to paign coordinated with the Russians in that is a long trip. It is certainly a undermine confidence in our democ- their efforts to influence the election. beautiful place but a long trip to get racy. We know the Russians carried Director Comey confirmed that before there. Of course, it is not inexpensive out this attack with the goal of bene- he was fired. Whether President Trump to travel from Alaska to Washington, fiting the campaign of Donald Trump, is personally under investigation by DC. whom the Kremlin preferred to see win the Bureau or whether investigators Those witnesses will be out their the election. These facts have been are merely scrutinizing his advisers costs to come here if we are not able to confirmed by our intelligence agencies. and associates, the President’s clumsy have the hearing, and we would have to What we don’t fully yet understand is attempt at misdirection does little reschedule it. That certainly creates a all of the reasons why, all the reasons more than remind us of the many un- cost burden for them, which is cer- why the Russians favored Donald answered questions about his and his tainly unfair and not what they would Trump and whether associates of the people’s connections to Russia. want to have had happen on the part of President or members of his campaign Second, Attorney General Sessions’ their government. assisted in the Russian operations to letter to President Trump. The Attor- I am putting that in human terms. sway the election in his favor. ney General writes that based on his Again, we are talking about two Demo- These questions are the subject of an review of Deputy Attorney General cratic bills, and we are talking about ongoing counterintelligence investiga- Rosenstein’s memo, which cites the Di- two Republican bills. We are talking tion, an investigation conducted by the rector’s handling of the Clinton email about constituents who have traveled a Federal Bureau of Investigation and, investigation, that Attorney General long way to come here to have the until last night, an investigation led by Sessions has concluded that the FBI re- hearing and the markup. James Comey. quires new leadership and a fresh start. Again, these are issues we should be As former Director Comey recently Attorney General Sessions rec- able to work on in a bipartisan way. I testified to the House Intelligence ommended that Director Comey be would certainly ask for that consider- Committee, ‘‘[T]he FBI, as part of [its] fired. ation. At this point, I ask for unani- counterintelligence mission, is inves- Attorney General Sessions should mous consent that our committee be tigating the Russian government’s ef- not have had any involvement in this allowed to meet. forts to interfere in the 2016 presi- decision at all. On March 2, the Attor- The PRESIDING OFFICER. Is there dential election—and that includes in- ney General called a press conference objection? vestigating the nature of any links be- to announce: ‘‘I have now decided to The Senator from Hawaii. tween individuals associated with the recuse myself from any existing or fu- Ms. HIRONO. Mr. President, reserv- Trump campaign and the Russian gov- ture investigations of any matter re- ing the right to object, of course we ac- ernment and whether there was any co- lating in any way to the campaigns for knowledge the importance of the mat- ordination between the campaign and president of the United States.’’ ters raised by my colleague from North Russia.’’ The reason Attorney General Ses- Dakota and, representing my State, The timing of Director Comey’s dis- sions made that announcement was be- the State of Hawaii, yes, there is sup- missal raises serious questions, and cause news reports revealed he had pro- port for education of Native people, of President Trump’s decision to abruptly vided misleading testimony in response Native children, which I hope will in- fire the man leading an investigation to a question that I asked during his clude Native Hawaiian children. That that could implicate the Trump admin- confirmation hearing; that Attorney is important as well as recognizing var- istration should shock the conscience General Sessions had falsely stated: ‘‘I ious Indian Tribes and the other mat- of every American who believes that no did not have communications with the ters that were raised by my friend from man or woman is above the law and Russians.’’ In fact, he did meet with North Dakota. who has faith in the fair and impartial the Russian Ambassador during the However, as I mentioned, these are pursuit of justice. campaign twice. not business-as-usual times. The unto- The White House attempted to pre- Having provided misleading testi- ward firing of the FBI Director, who emptively dispel any suspicion by an- mony under oath about a matter that was conducting an ongoing investiga- nouncing that President Trump fired could potentially be the subject of a tion into Russian attempts to interfere the Director ‘‘based on the clear rec- criminal investigation by the FBI, At- with our Democracy and the Trump ommendations’’ of Attorney General torney General Sessions was forced to team’s ties to those attempts, should and Deputy Attorney recuse himself. be a matter of national concern, should General Rod Rosenstein. The White I find it deeply troubling that Attor- be a matter of concern to every single House released several documents to ney General Jeff Sessions—who misled Member of the Senate. back up that claim: a letter from Presi- the Judiciary Committee about his This is not a Republican or a Demo- dent Trump to Director Comey, firing own communications with the Russian cratic concern. This is a threat to our him; a letter from Attorney General Ambassador and who pledged to recuse democracy. We know Russia did this. Sessions to President Trump, recom- himself from this investigation as a re- We know we need to get to the bottom mending that Comey be fired; and a sult—betrayed that pledge by involving

VerDate Sep 11 2014 02:23 May 11, 2017 Jkt 069060 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\CR\FM\G10MY6.020 S10MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S2866 CONGRESSIONAL RECORD — SENATE May 10, 2017 himself in the decision to fire the Di- last night, a White House spokesman sion others in this Chamber, Repub- rector of the FBI, who was leading the said so. Appearing on , White licans and Democrats working to- investigation into Russia’s interference House Deputy Press Secretary Sarah gether, will reach as well, as they let in our elections, including whether Huckabee Sanders was asked how Di- sink in what has actually transpired members of President Trump’s cam- rector Comey’s firing would affect the over the last 24 hours. paign were involved in that inter- Russia investigation. She replied: CONGRESSIONAL REVIEW ACT RESOLUTION ference. Attorney General Sessions was When are they going to let that go? It’s Mr. President, earlier today, in a a member of that campaign, and he been going on for nearly a year. Frankly, it’s piece of good news around here, a bi- misled the committee on whether he getting kind of absurd. There’s nothing partisan majority voted to block an ef- had met with the Russians, and he did there. It’s time to move on. Frankly, it’s fort that would have wasted taxpayer that under oath. That is why he time to focus on the things the American resources, polluted our air, and acceler- recused himself, and yet he inserted people care about. ated climate change. I thank my col- himself in this firing. The American people care about leagues who voted that way, in par- Finally, there is Deputy Attorney whether a hostile foreign government ticular the Republican Senators who General Rosenstein’s memo, which as- influenced our election. They care crossed the aisle to join us in this vote. serts that Director Comey’s handling about whether advisers and associates Today, we showed that Washington can of the Clinton email investigation of the President helped that foreign still come together to put the public caused the public to lose confidence in government do that. above the powerful. Today we showed the Bureau. Director Comey spoke pub- The events that have occurred over that, in the Senate at least, a majority licly about the Clinton email inves- the past 24 hours are deeply, deeply un- still exists for common sense, for pub- tigation twice, in July and October of settling. As my Republican colleague lic health, and for good stewardship of last year. Senator FLAKE said last night: public resources. Setting aside whether Director I’ve spent the last several hours trying to Before this morning, the Trump ad- Comey’s decision to discuss the inves- find an acceptable rationale for the timing of ministration and some Members of tigation was unorthodox or broke with Comey’s firing. I just can’t do it. Congress sought to undo a rule from Justice Department and FBI protocols, And I can’t either. In my view, the the Bureau of Land Management that his actions were well known to both timing and the circumstances sur- had been a win for taxpayers, for busi- President Trump and Attorney General rounding Director Comey’s dismissal nesses, and the environment. Across Sessions, and both of them celebrated are very suspicious. For example, just the country, oil and gas companies pay his actions at the time. After Director this morning, it was reported that Di- royalties to extract from Federal and Comey wrote to Congress on October rector Comey recently asked the Jus- Tribal lands. Each year, these compa- 28, informing us that the FBI had dis- tice Department to provide additional nies waste around $330 million worth of covered additional emails and would resources for the Russian investiga- gas because of inefficient operations, therefore reopen its investigation into tion—a request that purportedly he from leaky pipes to excess burning, to Secretary Clinton, then-Candidate made personally to Deputy Attorney faulty vents. Trump praised his decision. He said: General Rosenstein. This raises grave By preserving this rule, we will give ‘‘What [Comey] did was the right concerns about the Trump Justice De- taxpayers roughly $800 million in new thing,’’ and ‘‘It took guts for Director partment’s ability to conduct a full, royalties over the next decade—re- Comey to make the move that he made fair, and impartial investigation. In sources our communities could use to in light of the kind of opposition he order to address these concerns, Attor- invest in schools or to build roads, had.’’ ney General Sessions and Deputy At- bridges, and tunnels. Actually, the idea Appearing on FOX Business Network, torney General Rosenstein should come that we are giving the money is not then-Senator Sessions said that Direc- to the Senate and explain their in- right. The taxpayers will earn the roy- tor Comey ‘‘had an absolute duty, in volvement to all of the Senators in this alties to which they are entitled as a my opinion, 11 days [before an election] body. result of these public lands. or not, to come forward with the new In the wake of what I believe was a This is a win all the way around. For information that he has and let the politically motivated decision to re- public health, it reduces toxic pollut- American people know that, too.’’ move Director Comey, I no longer have ants in the air we breathe. For busi- If President Trump or Attorney Gen- confidence that the Department of Jus- nesses, it cuts waste and expands their eral Sessions truly objected to the way tice can fulfill its obligation to resolve bottom lines. For the planet, it curbs that Director Comey conducted the in- this matter impartially. The situation leaking methane, which is up to 80 vestigation into Secretary Clinton’s now calls very clearly for the appoint- times more potent than a greenhouse emails, I suspect they would have said ment of a special prosecutor to oversee gas and accelerates climate change. In so at the time rather than heap praise the investigation into whether associ- fact, without the proper protections, upon him. But their previous state- ates of the Trump organization or natural gas can burn as dirty as coal, ments lauding Director Comey’s han- former members of the Trump cam- and the benefits that we have gotten dling of the Clinton email probe cast paign had knowledge of or participated from natural gas would be dramati- suspicion on the extent to which they in the Russian attack on our democ- cally reduced. relied on the Deputy Attorney Gen- racy. Thanks to bipartisan cooperation, eral’s purported rationale. I join my colleagues’ calls for an this rule will remain in place. I want to Further, and this is important, if independent inquiry so the American recognize Colorado’s leadership in Deputy Attorney General Rosenstein people can have confidence that the in- bringing us to this moment. In Colo- were truly concerned that Director dividuals who conduct this investiga- rado, we led the Nation to adopt the Comey’s handling of the Clinton email tion will follow the facts no matter country’s first-ever rule to reduce investigation had damaged the reputa- where they lead. methane waste and pollution. The rule tion of the Bureau, then why not wait Thank you, Mr. President. enjoys support from environmental for the conclusion of an investigation The PRESIDING OFFICER. The Sen- groups, the oil and gas industry, and 83 by the very respected DOJ inspector ator from Colorado. percent of Coloradans. general into Comey’s decision during Mr. BENNET. Mr. President, I am Our approach was so successful that the election—his decisions—an inves- here today to speak on a different the Bureau of Land Management drew tigation that had been underway since topic, but before the Senator from Min- on it as a model for all Federal and January? nesota leaves, I want to thank him for Tribal lands. In my State, when we The shifting positions of President his statement and for his observations, were thinking about passing this rule, Trump and Attorney General Sessions which are dead-on about the need now critics said that it would stifle energy lead me to believe something else is more than ever to have an independent production, but the opposite has hap- going on here, that this is not about special counsel take a look at what has pened. Colorado’s natural gas produc- Hillary Clinton’s emails but about happened here. I am very grateful for tion has continued to rise, while oil turning the page on Russia. In fact, that, and I believe that is the conclu- production has nearly doubled.

VerDate Sep 11 2014 02:23 May 11, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\CR\FM\G10MY6.021 S10MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 10, 2017 CONGRESSIONAL RECORD — SENATE S2867 Critics also argued that Colorado’s tions to be taken. We will be pursuing My friend, our great senior Senator rule would kill jobs. Once again, the several things in the coming days and from the State of California, brought facts tell a very different story. In Col- weeks that we decided in our caucus, this up in our meeting. Senator FEIN- orado alone, 41 different companies put and we will have more to say about STEIN’s call that the appointment be people to work to repair pipes, monitor those next steps in the days ahead, but made by someone who is a career civil pollution, and develop technologies to there are three things our caucus servant, not a political appointee, has reduce emissions. Our experience agreed must happen right away. the widespread support of our caucus showed that the rule spurred new jobs First, Mr. Rosenstein should not be and is the only fair thing to do. and technologies, reduced pollution, the one to appoint the special pros- Second, we have also learned that and protected the planet, all while fail- ecutor. That responsibility should go Mr. Comey will no longer be appearing ing to reduce energy production as to the highest serving career civil serv- before the Intelligence Committee to- critics alleged. Those facts were crit- ant at the Department of Justice. morrow. In his stead will be the Acting ical in preserving the rule this morn- Second, Mr. Comey is needed more FBI Director, Andrew McCabe. There ing. than ever to testify before the Senate. are so many unanswered questions that Because of what we did this morning, Third, Attorney General Sessions and only Mr. Comey can answer. We Demo- the national standard we preserved, Deputy Attorney General Rosenstein crats hope and expect that he will still our State will not suffer from higher should brief all Senators on these come before the Senate in some capac- methane pollution coming across the events separately and in a classified ity. border from other States. That would setting, if necessary, and they should I for one salute Senator BURR and have hurt Colorado’s economy. That do it soon because the questions are Senator WARNER for inviting him to would have hurt tourism in one of the just swirling about, and there are more testify next week before the Intel- most visited States in the country, and every day, almost every hour. ligence Committee. It is the right Let me go over each. thing to do. We ought to hear from Mr. it would have been deeply unfair to the First, it is the overwhelming view of Comey. At this moment of profound people of Colorado, to kids with asth- my caucus that a special prosecutor doubt about the reasons and timing of ma and seniors who need clean air to should now be appointed to conduct the FBI Director Comey’s firing by the breathe, to the next generation of investigation into the Trump cam- President and about the status and Americans, of Coloradans who deserve paign’s ties to Russia. Mr. Rosenstein progress of a very serious investigation a healthy planet. cannot be the person to appoint him. Now that Congress has spoken, the Serious doubts have been cast on Mr. into the Trump campaign and Russia administration should listen. My col- Rosenstein’s impartiality for two rea- by his agency, we require answers. leagues and I will vigorously oppose sons: First, there are many reports Third, the recent revelations about any attempts by the Department of the that Director Comey met with Deputy the Rosenstein and Comey meeting de- Interior to bypass, somehow adminis- Attorney General Rod Rosenstein last mand that the Attorney General and tratively, the decision that has been week to make a request for more re- the Deputy Attorney General—Attor- made today. All of us need to remain sources or help with the investigation ney General Sessions and Deputy At- vigilant to ensure that this common- into the Trump campaign’s ties to Rus- torney General Rosenstein—brief the sense protection remains in place, pro- sia. That would make the timing of Senate and answer questions because of tecting Americans, protecting our en- this firing even more suspect. Second, so many things swirling about from vironment, and I am grateful that Mr. Rosenstein signed his name to a last night’s firing. That briefing could today, at least, we can come together highly political memo arguing for Di- be classified if necessary—it may be and put fact over ideology and put the rector Comey’s dismissal and made no part classified, part not—and each public good over narrow interests. complaint about the involvement of briefing should be done separately. Mr. President, I yield the floor. the Attorney General, who had recused Let me speak plainly. The prospect I suggest the absence of a quorum. himself from all matters relating to that a campaign for the Presidency of The PRESIDING OFFICER. The the Russia investigation, in recom- the United States colluded with a for- clerk will call the roll. mending the firing of the man who was eign power in order to win our Nation’s The senior assistant legislative clerk leading it. highest office is as grave a topic for an proceeded to call the roll. It is hard to believe that a seasoned investigation as there could be. It gets Mr. SCHUMER. Mr. President, I ask prosecutor without bias would have al- right to the heart of the pillar of our unanimous consent that the order for lowed Sessions to be a part of this. It is democracy: the fair and free elections the quorum call be rescinded. also hard to believe that a seasoned of our representatives. And the fact The PRESIDING OFFICER. Without prosecutor would write such a memo, that Mr. Rosenstein and Attorney Gen- objection, it is so ordered. which seems highly political—not in eral Sessions were involved in this fir- Mr. SCHUMER. Thank you, Mr. the kind of language and not with the ing when there are so many questions President. kind of annotation that prosecutors swirling about means they must come First, I want to thank my colleague normally write. before us to answer questions. I hope from Colorado for his outstanding re- These facts make it clear that the de- Leader MCCONNELL will understand the marks and, even much more important, cision to appoint a special prosecutor need for that and answer the plea I the work on the methane CRA. Much is should go to the highest ranking civil made this morning about this. happening today, and not many people servant at the Department of Justice. Furthermore, the fact that Mr. paid much attention, I guess, because Mr. Rosenstein and other political ap- Rosenstein—which came out after I they were so busy, but this is the first pointees appointed by the President, made my request—the fact that Mr. CRA to go down, and it is probably the whom they are supposed to investigate, Rosenstein, by all reports, had a meet- most important one that came before should not be the ones making a spe- ing with Director Comey where Comey us. So the fact that it wasn’t voted on cial call on a prosecutor, lest that deci- asked for more resources makes it all means the people of America and the sion be seen as influenced or, worse, the more important for Rosenstein to people of the world can breathe a sigh made at the direction of the adminis- come because that might be the reason of relief because methane—one of the tration. Comey was fired—because he was pur- great causes of global warming—will We need to assure the American peo- suing the investigation in an acceler- not be released into the atmosphere as ple that they can have confidence in ated way that was very much needed. easily. our criminal justice system to conduct So what we are seeking—the only RUSSIA INVESTIGATION the Russian investigation impartially. thing we are seeking—are assurances Mr. President, now on the topic of The best and only way to do that now that this investigation will be carried the day, this morning the Democratic would be for a career civil servant at out in an impartial, independent way; caucus met to discuss the cir- the Department of Justice to be the that we get all the facts; that we get to cumstances of Mr. Comey’s dismissal person who decides on a special pros- the very bottom of this. All we are by the White House. There are many ecutor. It should not be a political ap- seeking is some assurance that the sub- questions to be answered and many ac- pointee who makes such a decision. ject of this investigation is not able to

VerDate Sep 11 2014 02:23 May 11, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 E:\CR\FM\G10MY6.023 S10MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S2868 CONGRESSIONAL RECORD — SENATE May 10, 2017 influence it or, God forbid, quash it. whatever reason in the past, should be privy to the most classified informa- The topic of this investigation itself is very troubled by the timing of this fir- tion—Senator MCCAIN, as chair of the very serious. The possibility that the ing. Armed Services Committee, and Sen- investigation is being impeded or tam- Let’s look at the past week. We ator BURR, as chair of the Intelligence pered with is even worse. That threat- started the week on Monday, when Committee—have both expressed seri- ens the integrity of our criminal jus- Former Director Clapper testified in ous concerns about what has happened. tice system and the hallowed American great detail about the Russian threat Senator MCCAIN said he was dis- belief in rule of law. I believe this rises to our democracy and the fact that the appointed, and Senator BURR, the Re- far above party labels. I believe it rises Russians feel empowered and that he publican chair of the Senate Intel- far above partisan politics. believes they will do it again and ligence Committee, said: I have been heartened that several again. We also were on the heels of the I am troubled by the timing and reasoning Republicans have expressed concerns. I French cyber attack, where their elec- of Director Comey’s termination. I have hope and expect our Republican friends tions were attacked and where Russia found Director Comey to be a public servant will join us in these efforts to make of the highest order, and his dismissal fur- was trying to get involved in their ther confuses an already difficult investiga- sure this investigation is conducted in elections. tion by the Committee. the manner it deserves. We want Former Acting Attorney General Senator FLAKE said: Congress’s role to be nonpartisan, look- Sally Yates testified, and she made I have spent the last several hours trying ing at the good of neither political very clear that she had not just given to find an acceptable rationale for the tim- party but, rather, the good of our dear a heads-up to the administration that ing of Comey’s firing. I just can’t do it. country. their National Security Advisor was The reasoning the White House is These are tough and serious times. compromised by the Russians—no. She using for Director Comey’s firing is bi- We cannot shirk from our responsibil- had two formal meetings over at the zarre, and that is why I believe Senator ities, neither Democrats nor Repub- White House. She outlined in detail BURR said that his dismissal further licans. I hope everyone in this Chamber how she had gone over to the White confuses an already difficult investiga- will rise to the occasion. House and voiced her concerns. tion. I thank my good friend from Min- When I asked both Former Director The memo provided by Deputy Attor- nesota for allowing me to speak. Clapper and former Acting Attorney ney General Rosenstein cites old jus- I yield the floor. General Yates whether this was mate- The PRESIDING OFFICER. The Sen- tifications. These are quotes from let- rial for blackmail—when you have a ters that I remember from the Presi- ator from Minnesota. high-ranking official saying one thing dential campaign, and they are used in FIRING OF JAMES COMEY on a tape recording that the Russians the letter as a justification. Ms. KLOBUCHAR. Mr. President, I knew he had said and then another to If the administration found Director join in the minority leader’s remarks the Vice President of the United Comey’s conduct during the election to and his plan for moving forward, which States—if that was material for black- be so problematic, why now—right, is a bipartisan plan and a plea for our mail, they said yes, definitively yes, smack in the middle of the advance- colleagues to work together. that he had been compromised. ments of this Russia investigation? America is not like some countries The answer, I believe, is that the jus- where people are all of the same ethnic Yet, as it became clear, the White House then allowed the National Secu- tification that is provided in the memo background or practice the same reli- is a pretext. The fact that President gion. America is an idea. America is an rity Advisor, General Flynn, to stay on for 18 days, including being part of an Trump’s termination letter to Director ideal. America is something that is Comey strangely discusses the fact grounded in our democracy. hour-long conversation between the President of the United States and that Director Comey informed the Way back centuries ago, our Found- President that he was not under inves- ing Fathers were concerned about for- . So that is what hap- pened on Monday. tigation in the context of the Russia eign influence on our democracy. They investigation sheds light on what this were concerned at the time about We know what was going to happen tomorrow, Thursday, which is that Di- is really about; that Director Comey Great Britain. Well, now we have an- was seeking the truth. other concern, and that concern is Rus- rector Comey was going to testify in his capacity as the FBI Director in Senator BURR said that Director sia. It is not just the Democrats’ con- Comey has been more forthcoming front of the Senate Intelligence Com- cern. As one of our colleagues, Senator with information than any FBI Direc- mittee. We know questions were going RUBIO, has noted in the past, maybe tor he can recall in his tenure on the to be asked about Russia. Of course, I this election was an attack on one po- congressional intelligence committees. commend Senators BURR and WARNER litical candidate in one party, but next In firing Comey, President Trump has for inviting him again next week in his time it will be the other party. That is cast doubt about the independence and capacity now as a private citizen. why we must join together and handle viability of any further investigation Yet, when you look at what has hap- this correctly and in the spirit of our into the foreign interference of our de- pened here—the Yates and Clapper tes- democracy and our Constitution. mocracy. I have known Director Comey for a timony on Monday, the Comey testi- Why was Attorney General Sessions, long time. We were classmates at the mony expected on Thursday—what is who had recused himself from the in- University of Law School. He sandwiched in between? It is the firing vestigation on Russian interference, was well liked in our class, and he of the FBI Director. By the way, this is able to influence the firing of the man earned the respect of the agents he su- the same FBI Director who had the au- at the helm of the Russia investiga- pervised and the law enforcement he dacity to tell the truth before Congress tion? worked with. I made it clear to him when he was asked whether President That is one of the questions we want that I didn’t agree with how he handled Obama had wiretapped the Trump answered and why, by the way, we be- the email investigation regarding Sec- Tower, as alleged by President Trump lieve it is important to have a closed- retary Clinton, but nevertheless this in a tweet at 6 in the morning. The FBI door briefing with the Deputy Attorney man is a hard worker and someone of Director truthfully answered, no, that General and his predecessor. integrity. Just because someone it did not happen. That is also some- Did Deputy Attorney General Rosen- doesn’t agree with how an investiga- thing that has happened in the past stein act on his own or at the direction tion is handled, even if it is in a big month. of Attorney General Sessions or the way, doesn’t mean this person should Today we learned that just days be- White House? be fired. fore he was fired, Mr. Comey asked sen- Are reports that the President had FBI Directors have 10-year terms for ior officials at the Justice Department been searching for a rationale to fire a reason; that is because we want them for more resources in order to carry the FBI Director for more than a week to be independent from political influ- out the Russia investigation. true? ence. Now, what are my colleagues saying Was his firing influenced by any re- All Americans, including those who about this? I think it is very important cent developments in the investiga- have criticized Director Comey for to note that the two Senators who are tion, like the issuance of grand jury

VerDate Sep 11 2014 02:23 May 11, 2017 Jkt 069060 PO 00000 Frm 00018 Fmt 0637 Sfmt 0634 E:\CR\FM\G10MY6.025 S10MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 10, 2017 CONGRESSIONAL RECORD — SENATE S2869 subpoenas or Director Comey’s recent may be vulnerable to blackmail by the That is why I believe we need this request for more resources for the Rus- Russian Government, what did the ad- independent commission as well as a sia investigation? ministration do? It continued to allow special prosecutor to look into all con- Why didn’t the President wait for the General Flynn to handle top secret in- tacts between Trump aides and surro- inspector general’s investigation into formation for 18 more days. They let gates and Russian officials during the Director Comey’s handling of the Clin- him participate in an hour-long phone campaign, transition, and administra- ton email investigation to conclude be- call between President Trump and tion. This prosecutor must be fair and fore making his decision to fire him? Vladimir Putin. In fact, decisive action impartial and completely unattached I am a former prosecutor. I believe in was not taken until the Washington to either political party. facts, and I believe in evidence. These Post revealed what was happening. In addition to the independent com- We have now seen two people resign— decisions should not have been made mission, we also need our congressional Trump’s campaign manager and his without these facts and without this committees, as I mentioned, to con- evidence and while in the middle of a National Security Advisor. The one thing they have in common is Russia tinue to exercise their oversight au- major investigation of Russian influ- thority. ence in our election. Answers to these and the President. We have also seen Since the election, we have heard a questions are essential in getting to three people fired—Sally Yates, the lot about the three branches of govern- the truth and in ensuring that an inde- Acting Attorney General of the United ment and our system of checks and bal- pendent investigation at the FBI can States, who was simply doing her job; ances. One of Congress’s fundamental continue. Preet Bharara, the U.S. attorney in jobs, as I told a group of students in my For months, U.S. intelligence agen- New York City; and Jim Comey, the office today, is to closely oversee the cies—17 of them—have said that Russia FBI Director. The one thing they have executive branch in order to ensure used covert cyber attacks, espionage, in common is that they were all inves- that the law is being properly followed and harmful propaganda to try and un- tigating links, and they were doing and enforced. This shouldn’t just be dermine our democracy. Reports show their jobs. Think about that. Let that sink in. things that students learn from their it. The facts prove it. When former Di- The independent government officials Senators when they come in during rector of National Intelligence Clapper who were or could have been charged school trips or be what they learn from testified, he said Russia will continue with getting to the truth, no matter a textbook. This is actually our job. to interfere in our election system. where it led, were fired. This is what he said exactly: This means that in addition to this We owe it to the American people to independent, 9/11-style Commission, we I believe [Russia is] now emboldened to get to the bottom of what is going on continue such activities in the future, both must make sure our congressional here. It is our job to get to the bottom committees continue to investigate here and around the world, and to do so even of this because the President of the more intensely. If there has ever been a clar- Russian interference in our political ion call for vigilance and action against a United States—President Trump—can- system. We have subpoena power. We threat to the very foundation of our demo- not fire Congress. We need to know the need to use it. cratic political system, this episode is it. full extent of the Trump campaign’s contact with the Russian Government Some of my colleagues on both sides I was in that hearing and asked ques- of the aisle understand the importance tions of Clapper when he said this: during the campaign and transition, in- cluding what was said and what was of doing our jobs in order to get to the ‘‘Vigilance.’’ That is what he said—vig- bottom of this. As I mentioned, we ilance. done and who knew about it. That is why, on January 4, I stood have the Intelligence Committee inves- How can we call it vigilance, when with Senator CARDIN and with ADAM tigation, but we also have the Judici- the FBI Director, who is conducting SCHIFF and ELIJAH CUMMINGS, of the ary subcommittee, on which I serve, the investigation, has been fired? What House of Representatives, and called led by Senators GRAHAM and WHITE- message does that send to Russia? Does for an independent commission. Now, HOUSE. They are the ones who held the that make them think we are serious this is different than the special pros- hearing with Sally Yates and Director about this investigation; that we want ecutor whom we need to handle the Clapper this week. to get to the bottom of it and that we criminal investigation. This is also dif- This is an unprecedented time in our do not want it to happen again? No. It ferent than the good work that is being country’s history. We are witnessing a sends the opposite message. done by the Senate Intelligence Com- singular moment of constitutional and Aides and surrogates of the Trump mittee under the leadership of Sen- democratic unease. In recent months, administration, during the campaign ators BURR and WARNER. foundational elements of our democ- and the transition, were in contact To me, an independent commission racy, including the rule of law, have with officials from a foreign govern- would help us because it could get to been questioned, challenged, and even ment that was actively working to tear the bottom of what has happened, with undermined. our democracy apart. We need to know the intent of making sure it does not Several of my colleagues have com- why and when and how. In the first happen again, in order to protect our pared the President’s action to Presi- question, that is what I really want to democracy. It could have recommenda- dent Richard Nixon’s firing of special know—the ‘‘why.’’ tions, just like the 9/11 Commission prosecutor Archibald Cox, who was in- This week, former Acting Attorney had, on how we could improve our laws. vestigating Watergate. Even then, Mr. General Sally Yates, as I mentioned, It could have recommendations on Cox was replaced by a new special pros- and Director Clapper reminded us that what we could do if the media gets hold ecutor. Today, we have no special pros- on the very day President Obama im- of information that is the result of a ecutor to determine whether the Presi- posed sanctions on Russia for its un- cyber attack from a foreign govern- dent’s campaign colluded with a hostile precedented attacks on our democracy, ment. It could have recommendations a member of the Trump transition of what political parties and campaigns foreign power. Some in Congress are team spoke to a senior Russian official could do—perhaps even in agreement— continuing to resist any serious inves- regarding those sanctions. Michael when they get access to information tigation. For that reason, our democ- Flynn, the National Security Advisor— that is a result of a cyber attack racy may be in even greater peril. The the person charged with the most sen- against the opposite party. night he was fired, Mr. Cox defended sitive matters of U.S. national secu- It was not that long ago when cam- his decision to conduct the Watergate rity—was not truthful with the Vice paigns would come upon debate infor- investigation as he saw fit rather than President. He lied to the Vice Presi- mation and other things and would to yield to the President’s order that dent about contact with Russian offi- simply put it in an envelope and send it he limit his request for tape record- cials. In turn, the American people back to the other side. We can do this, ings. were misled. but that is not going to come out of Cox said: ‘‘Whether ours shall con- After the Department of Justice some simple piece of legislation or tinue to be a government of laws and warned the administration that the from the work that the Intelligence not of men is now for Congress and, ul- National Security Advisor had lied and Committee is doing. timately, the American people.’’

VerDate Sep 11 2014 02:23 May 11, 2017 Jkt 069060 PO 00000 Frm 00019 Fmt 0637 Sfmt 0634 E:\CR\FM\G10MY6.028 S10MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S2870 CONGRESSIONAL RECORD — SENATE May 10, 2017 He is right. The American people de- are operating at certainly dangerous Well, that didn’t turn out to be true, serve a thorough, independent inves- levels when it comes to trying to inter- either. He said that a family of four tigation into the extent of Russia’s in- fere in our most basic democratic insti- would save an average of $2,500 on their terference in the 2016 Presidential elec- tutions, like our elections. premiums, and that didn’t prove to be tion. I would say, as far as the Department true, either. This is not a partisan issue. Ameri- of Justice is concerned, that Rod So like most command and control cans deserve answers now. And where Rosenstein was confirmed by this body from Washington, DC—notwith- should they get those answers? They by a vote of 94 to 6. That is probably standing, perhaps, the aspirations of should get those answers from this the only Trump nomination so far our colleagues across the aisle to de- Chamber, because we, as Members of since he has been President that has liver affordable healthcare to the the Senate, cannot be fired. enjoyed such broad bipartisan support. American people—it simply failed to do I yield the floor. It is because of his distinguished so, and it is in serious distress—even a The PRESIDING OFFICER (Mr. record, most recently as the U.S. attor- meltdown. TOOMEY). The Senator from Texas. ney in Baltimore. So we would invite our colleagues RUSSIA INVESTIGATION I remember hearing from our Sen- across the aisle—our Democrat Mr. CORNYN. Mr. President, I was ators from Maryland, for example, friends—to join with us to help rescue listening with interest to our friend Democrats who were praising Rod the American people from this failure and colleague from Minnesota talk Rosenstein and saying he was exactly of the Affordable Care Act. about the Russia investigation. I agree the kind of person we needed in this The House passed a bill last week— with her 100 percent that it is our re- sensitive job as Deputy Attorney Gen- the American Health Care Act. It is sponsibility to get to the bottom of eral. not a perfect bill. I dare say the Senate But now our colleagues seem to for- what exactly happened with respect to is going to take up a bill of its own, get their very own conviction and vote Russian involvement in our elections, and we will try to work with our House on Rod Rosenstein, and now they say much as they got involved in the elec- colleagues to try to get legislation to that he can’t be fair, that he has some- tions in France, using the combined the President and signed into law that how an appearance of a conflict of in- process commonly known as active will rescue the American people and terest, making it necessary to appoint measures. Active measures are a com- will finally deliver on our promise of a special counsel, which, by the way, bination of cyber espionage, propa- more affordable premiums, better ac- also then reports to the leadership at ganda, and a use of social media cess, and real choice. through paid trolls who can then actu- the Department of Justice. But it is really not enough to just ally try to raise the visibility of some I think we ought to give Mr. Rosen- stand back and criticize those who are of this propaganda such that it then stein a chance to demonstrate that he actually trying to rescue those who are becomes part of the mainstream media is capable of leading that investigation in harm’s way as a result of the fail- and becomes accepted as part of the de- at the Department of Justice, under- ures of ObamaCare. That, so far, is bate in democratic societies. standing that our role here in the Con- what our friends across the aisle are I believe we share a bipartisan and gress is not to pursue a criminal inves- doing. They are not lifting a finger to universal commitment to get to the tigation and case. That is the job of the help the people hurt today by bottom of what happened in our last Department of Justice. Our job, in par- ObamaCare. We would challenge them election. allel fashion, is for oversight reasons I would note that there are two mem- and to let the American people and to get involved and to work with us. bers of the Senate Judiciary Com- ourselves know exactly what happened. Many of our colleagues have come to mittee who actually serve as members That is why the investigation of the bi- the floor and talked about stories they of the Senate Intelligence Committee, partisan Senate Select Committee on have heard from their constituents which is actively involved in a rigorous Intelligence is so important, in addi- back in their States and the harm that bipartisan investigation. That would be tion to the hearings we are having in the Affordable Care Act has caused. myself and Senator FEINSTEIN, the the Judiciary Committee, on which the Premiums have skyrocketed. Millions ranking member of the Senate Judici- Senator from Minnesota and I happen have been kicked off their healthcare ary Committee, who is also the former to serve as well. plans. The economy is saddled with bil- chair of the Senate Intelligence Com- So we do need to get to the bottom of lions of dollars in new regulations. Em- mittee. what happened, and I am confident we ployers are laying people off or not hir- Senator FEINSTEIN has said recently will. It is our duty, and we will get the ing new people because, frankly, they that there is no evidence of collusion job done. don’t want to suffer the additional fi- between the administration and Rus- HEALTHCARE LEGISLATION nancial burdens of ObamaCare. sia. I think she would share with me a On another topic, Mr. President, last Instead of having more access to commitment not to stop there but to week our colleagues in the House took more health insurance options, Tex- find out where the facts take us. In- the first necessary step to deliver on ans—the people I represent—have less deed, thanks to Chairman BURR and our campaign promises for the last of both. thanks to Vice Chairman WARNER, our three elections to repeal and replace The bottom line is ObamaCare has bipartisan Senate Intelligence Com- ObamaCare. Why is that important? failed, and it is up to us to provide mittee has unprecedented access to raw Well, because of the impact of some relief to the people who are being intelligence, from the National Secu- ObamaCare on premiums and hurt by the failure of ObamaCare. We rity Agency, the CIA, and from all deductibles for many people, millions invite our colleagues to work with us sources of the intelligence community. of people, literally, are now being to do that. We have access to some of the most priced out of the insurance market, Since the creation of ObamaCare, I sensitive intelligence gathered by the and their insurance, even though they have been hearing regularly from my U.S. Government. I think that is due to have the policy, is really unavailable constituents back home in Texas how the credit and leadership of Chairman to them because they have, for exam- they need relief from the healthcare BURR and Vice Chairman WARNER that ple, such high deductibles. We know in- law and they need it now. Every letter, our committee has remained bipartisan surance companies continue to pull out phone call, or conversation produces and we are leaving no stone unturned of the marketplace, and people are re- similar themes. One of my constitu- to get to the bottom of what exactly duced to little or no choices when it ents, for example, is a woman who was happened. comes to where to buy their insurance, paying about $300 a month for her So I know people are concerned, and because, frankly, ObamaCare was over- health insurance, but under a span of I share that concern. We need to come sold and underdelivered. just a few months, that premium sky- up with a program of countermeasures The President said: If you like your rocketed to $800—$300 to $800. I don’t to deal with this because the Russian policy, you can keep it. Well, that know many people who can withstand Government has been amping up their proved to be false. He said: If you like that kind of increase in their expenses game for some time now, and now they your doctor, you can keep your doctor. for healthcare.

VerDate Sep 11 2014 02:23 May 11, 2017 Jkt 069060 PO 00000 Frm 00020 Fmt 0637 Sfmt 0634 E:\CR\FM\G10MY6.029 S10MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 10, 2017 CONGRESSIONAL RECORD — SENATE S2871 She wrote to me and said: ‘‘This has has led on—which is a tax on innova- The legislative clerk read as follows: to stop—and quality, flexible plans tion. This isn’t even a tax on income. CLOTURE MOTION need to return for individuals.’’ It is a tax on gross receipts. I have had We, the undersigned Senators, in accord- I agree with her. some medical device companies from ance with the provisions of rule XXII of the Another wrote in to say that before my State tell me they have had to Standing Rules of the Senate, do hereby ObamaCare her daughter was getting move their operations to Costa Rica in move to bring to a close debate on the nomi- what she considered to be adequate order to avoid the medical device tax, nation of Jeffrey A. Rosen, of Virginia, to be healthcare insurance for about $190 a which has crippled their ability to in- Deputy Secretary of Transportation. month with just a $500 deductible. Now Mitch McConnell, , Tom novate and invest in their business. Cotton, Dan Sullivan, Shelley Moore that has gone up to a payment of al- Then there is the tax on investments Capito, John Barrasso, Roger F. most $400 a month—roughly, doubled— and the tax on prescription drugs. Mid- Wicker, Mike Rounds, Orrin G. Hatch, with a deductible of more than $6,000. dle-income Americans and our job cre- Bill Cassidy, Pat Roberts, Mike Crapo, What are people supposed to do with a ators need and will get massive tax re- , , John deductible of $6,000 which says you lief when we repeal and replace Thune, Jerry Moran, James E. Risch. have to pay $6,000 before your insur- ObamaCare. Mr. MCCONNELL. Mr. President, I ance pays a penny? It is essentially no So that is what 52 Members of the ask unanimous consent that the man- good to most hard-working, middle Republican conference are working on datory quorum call with respect to the class families. and what we would like to work on cloture motion be waived. So ObamaCare does not equal with our colleagues across the aisle, if The PRESIDING OFFICER. Without healthcare that is affordable or better they are willing to help. We welcome objection, it is so ordered. for Americans. It is simply not work- their ideas. Actually, a bipartisan solu- f ing. tion would be preferable to one done LEGISLATIVE SESSION In fact, in Texas, if you have a gross strictly along party lines. But all Mem- income of about $24,000 a year, under bers of the Republican conference are Mr. MCCONNELL. Mr. President, I ObamaCare, you could end up spending at the table working on that today. move to proceed to legislative session. about 30 percent of your total income There is no denying that our country The PRESIDING OFFICER. The on healthcare costs alone—30 percent can’t afford another one-size-fits-all question is on agreeing to the motion. of your gross income on healthcare and approach to healthcare. The American The motion was agreed to. related costs. people need relief from the unwork- f Fortunately, thanks to the passage able, unsustainable system that Presi- EXECUTIVE SESSION of the American Healthcare Act, or the dent Obama promised—or delivered, AHCA, which passed the House last which is very different from what he week, we have the beginning of a path promised. I am confident that we can EXECUTIVE CALENDAR forward to provide a lifeline to those get there by working together to re- people who are simply priced out of the Mr. MCCONNELL. Mr. President, I sponsibly provide relief and, in doing move to proceed to executive session to market today—the 30 million people so, empower individuals to deliver who don’t have insurance—and those consider Calendar No. 35, Rachel L. more options and competition and re- Brand to be Associate Attorney Gen- who simply can’t use the health cov- sponsibly help those who need care to erage they have under ObamaCare. eral. have more access to it. The PRESIDING OFFICER. The So I look forward to working with I yield the floor. our Senate colleagues—hopefully, all of question is on agreeing to the motion. The PRESIDING OFFICER. The ma- The motion was agreed to. our Senate colleagues, if they are will- jority leader. ing—to help improve the House bill and The PRESIDING OFFICER. The to get it passed in this Chamber and f clerk will report the nomination. The legislative clerk read the nomi- signed by the President. LEGISLATIVE SESSION This is not something we can do nation of Rachel L. Brand, of Iowa, to Mr. MCCONNELL. Mr. President, I without the support of every Repub- be Associate Attorney General. move to proceed to legislative session. lican Senator, but my hope is that we CLOTURE MOTION The PRESIDING OFFICER. The would do this with the help of more Mr. MCCONNELL. Mr. President, I question is on agreeing to the motion. than just Republicans. send a cloture motion to the desk. The motion was agreed to. Our goal to repeal and replace this The PRESIDING OFFICER. The clo- bill has been, of course, no secret. f ture motion having been presented under rule XXII, the Chair directs the We need legislation that will reform EXECUTIVE SESSION Medicaid. With the American clerk to read the motion. Healthcare Act, we have the first The legislative clerk read as follows: major healthcare entitlement reform EXECUTIVE CALENDAR CLOTURE MOTION in a generation, without eliminating We, the undersigned Senators, in accord- anybody who is currently covered by Mr. MCCONNELL. Mr. President, I ance with the provisions of rule XXII of the Medicaid today. move to proceed to executive session to Standing Rules of the Senate, do hereby We also need to do away with consider Calendar No. 37, Jeffrey Rosen move to bring to a close debate on the nomi- ObamaCare’s job-killing taxes, like the to be Deputy Secretary of Transpor- nation of Rachel L. Brand, of Iowa, to be As- individual and the employer mandate. I tation. sociate Attorney General. Mitch McConnell, John Boozman, Jeff remember, in Tyler, TX, a few years The PRESIDING OFFICER. The question is on agreeing to the motion. Flake, Thom Tillis, Richard Burr, Mike ago, meeting with a single mom who Crapo, John Barrasso, Chuck Grassley, worked in a restaurant who told me The motion was agreed to. Mike Rounds, John Kennedy, John that her hours had been cut from 40 The PRESIDING OFFICER. The Thune, Pat Roberts, James E. Risch, hours a week to less than 30 hours a clerk will report the nomination. Orrin G. Hatch, Shelley Moore Capito, week because her employer didn’t want The legislative clerk read the nomi- Lindsey Graham, John Cornyn. to pay the employer mandate and so nation of Jeffrey A. Rosen, of Virginia, Mr. MCCONNELL. Mr. President, I basically had to cut people from full- to be Deputy Secretary of Transpor- ask unanimous consent that the man- time work back to part-time work. So tation. datory quorum call with respect to the what did she do? She had to get an- CLOTURE MOTION cloture motion be waived. other job as a single mom, working in Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. Without a restaurant in Tyler, TX. That is the send a cloture motion to the desk. objection, it is so ordered. sort of unintended consequence of The PRESIDING OFFICER. The clo- Mr. CORNYN. Mr. President, I sug- ObamaCare. ture motion having been presented gest the absence of a quorum. Then there is the medical device under rule XXII, the Chair directs the The PRESIDING OFFICER. The tax—something the Presiding Officer clerk to read the motion. clerk will call the roll.

VerDate Sep 11 2014 02:23 May 11, 2017 Jkt 069060 PO 00000 Frm 00021 Fmt 0637 Sfmt 0634 E:\CR\FM\G10MY6.031 S10MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S2872 CONGRESSIONAL RECORD — SENATE May 10, 2017 The legislative clerk proceeded to Lung Association gave San Juan Coun- back from over 300,000 comments sub- call the roll. ty in New Mexico an F rating for ozone mitted during the public comment pe- Mr. HEINRICH. Mr. President, I ask pollution in 2016. That means children riod. The agency also coordinated with unanimous consent that the order for suffer more asthma attacks and seniors States like Colorado, Wyoming, and the quorum call be rescinded. have more difficulty breathing. North Dakota that have already cre- The PRESIDING OFFICER. Without I want it to be clear that this is not ated similar protections to reduce objection, it is so ordered. a case of pitting development of our en- methane leaking and flaring at the CONGRESSIONAL REVIEW ACT RESOLUTION ergy resources against human health. State level. Mr. HEINRICH. Mr. President, I am We have a golden opportunity to apply The BLM rule will have minimal proud that the Senate voted to reject innovative, existing technologies to costs for oil and gas producers, and, in an effort to overturn commonsense this problem, grow our economy, and fact, leak detections and repairs re- protections to reduce methane waste. improve air quality for the people of quired by the rule will help companies It was 3 years ago that satellite images the Four Corners region. That is be- make more money selling the gas that from NASA revealed that there is a cause minimizing the amount of meth- they save. Meanwhile, this rule will giant cloud of methane—about the size ane that leaks, vents, or flares out of grow our economy by investing in in- of the State of Delaware—sitting over the oil and gas wells isn’t just good for novative companies that have devel- the Four Corners region in North- air quality, it is good for business and oped the technologies to minimize western New Mexico and Southwestern the bottom line. leaks and protect our public health. Colorado. When oil and gas companies mod- This rule should not have been con- Although evidence had shown that ernize their equipment to reduce leaks, troversial. there was methane air pollution in the they are able to capture more gas that The overwhelming majority of my Four Corners as early as 2003, the they can sell, as well as increase work- constituents in New Mexico support re- image of NASA data is truly striking. er safety at their wells. When we cap- ducing wasted natural gas. A recent This is a warning of a potentially ture more gas, that also means we see poll by Colorado College conducted major threat to public health for com- more royalties and revenues for States, after the election found that 74 percent munities in the region. Tribes, and local communities. By up- of New Mexicans support the BLM’s The San Juan Basin in the Four Cor- dating oil and natural gas production methane waste reduction rule. ners region has long been a leading pro- equipment and infrastructure to reduce I am proud that enough Senators ducer of oil and natural gas. With the wasted natural gas, we create new jobs shared that view and voted to reject an natural gas boom of the mid-2000s, pro- attempt to repeal this commonsense for energy workers and manufacturers. duction in the basin grew by leaps and When we reduce wasteful leaks, it protection of public health, air quality, bounds, and that created hundreds of means that instead of having a giant and responsible development of our new high-paying jobs and a major new methane cloud over the northwest cor- natural resources. There is nothing domestic source of an important en- ner of New Mexico and over the Navajo conservative about making it easier to ergy resource. waste a precious public energy source. Nation—a major public health hazard— Unfortunately, amid all this growth, We should be focused on reducing we put our publicly owned natural gas some producers developing natural gas waste, capturing critical royalties for on our public lands and on Tribal lands resources to beneficial use. That is the New Mexico communities, and putting released harmful air pollution and definition of a win-win situation. our natural gas resources to beneficial I say all this because that is exactly wasted these publicly owned resources use. This repeal effort of the methane what the Bureau of Land Manage- by allowing methane to leak into the rule would have represented a major ment’s methane waste prevention rule air from faulty equipment and pipes, step backward. and even by burning off valuable nat- is designed to do. These commonsense Today’s vote was a major victory for ural gas in the process called flaring. and cost-effective protections in the responsible development of our natural Following the discovery of the meth- rule were put in place to reduce harm- gas resources and our Nation’s decades- ane hotspot, researchers at NASA’s Jet ful methane and benzene pollution and long commitment to protect the air we Propulsion Laboratory joined Caltech to ensure that oil and gas operations breathe. On behalf of my constituents and University of Michigan scientists are using technological advances that and theirs, I want to say a special to conduct a detailed study into the minimize emissions and maximize the thank-you to all 51 Senators who sup- cause of the methane cloud. Some pro- amount of natural gas we produce. ported our efforts today. Thank you ducers claimed that the hotspot was Between 2009 and 2015, the BLM esti- very much. caused primarily by natural seeps of mates that oil and gas producers on Mr. President, I yield back the re- gas from underground geologic forma- our public and Tribal lands vented, mainder of my time. tions and by gas venting out from an flared, and leaked 462 billion cubic feet I suggest the absence of a quorum. old coal mine in the region. of methane. They wasted enough nat- The PRESIDING OFFICER. The The NASA researchers, using instru- ural gas to supply over 6 million Amer- clerk will call the roll. mentation mounted on aircraft that ican households for a year. Instead of The bill clerk proceeded to call the flew close to the ground and through- heating our homes or fueling power- roll. out 1,200 square miles of airspace in the plants, powering buses, that gas was Mr. PETERS. Mr. President, I ask Four Corners region, identified leaks leaked into the atmosphere, wasting unanimous consent that the order for from natural gas wells as the major millions of dollars of this limited re- the quorum call be rescinded. methane emitters contributing to the source. The PRESIDING OFFICER. Without methane air pollution. It is estimated that the oil and gas objection, it is so ordered. As greenhouse gas, methane has over industry wastes about $100 million FIRING OF JAMES COMEY 80 times the global warming potential worth of natural gas every year. That Mr. PETERS. Mr. President, I rise as carbon dioxide over the short term. also means $6 million each year of lost today to discuss President Trump’s de- We have a moral obligation to reduce State revenue, revenue that pays for cision to fire FBI Director James and to miti- schools, roads, and emergency services Comey. During his campaign, then- gate our contributions to climate in New Mexico. That is quite a figure. Candidate Trump regularly talked change. A recent report found that New Mex- about how he would be the law and Even absent its consequences for cli- ico taxpayers have lost out on over $42 order President. ‘‘Law and order’’ mate change, methane leaks waste val- million of royalty revenues since the means different things to different peo- uable energy resources, and they harm year 2009—$42,728,949 to be exact. The ple, but all of us should be able to public health. When methane leaks BLM’s methane waste prevention rule agree that we cannot have law and from oil and gas wells, harmful car- will help put a stop to this wasted re- order without the rule of law. cinogens such as benzene leak into the source. The rule of law is not a new or even air alongside it. While developing the rule, the BLM uniquely American idea. It dates back Because of the air pollution over the held public meetings, it held Tribal to the Magna Carta of 1215. This docu- Four Corners region, the American consultations, and it factored in feed- ment—a pact between King John of

VerDate Sep 11 2014 02:23 May 11, 2017 Jkt 069060 PO 00000 Frm 00022 Fmt 0637 Sfmt 0634 E:\CR\FM\G10MY6.036 S10MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 10, 2017 CONGRESSIONAL RECORD — SENATE S2873 and his barons—established 2016? Are we to believe the President will owe his or her nomination for this that the Nation’s people have certain and the Attorney General were care- unexpected job opening to the very rights and that even the monarch is fully weighing the merits of Director people he or she will be charged with subject to the laws of the land. Cen- Comey’s service since the inaugura- investigating. turies later, as we cast off the British tion, or was he fired because he was Our democracy is resilient and our monarchy, declared our independence, ramping up his investigation into Rus- democracy is strong, but if we have a and established our own form of gov- sian collusion? Let’s not forget that festering foreign infection that is left ernment, our Nation’s founders en- this is the same collusion investigation untreated, our democratic system will shrined the rule of law in our Constitu- from which Attorney General Sessions certainly weaken. We need a special tion. recused himself before recommending prosecutor to either identify and ad- Our system of checks and balances to the President that he fire Director dress any malfeasance or issue this was designed to hold all levels of the Comey. White House a clean bill of health. Federal Government accountable but This is clearly a President who is Democracies are built on trust in especially the President. Without the more than happy to fire people, and he civic institutions—a trust that has rule of law, law and order becomes does so in a hasty fashion. Director eroded in recent years, and I am deeply merely order imposed by an unaccount- Comey is not the first public servant to concerned that this erosion is accel- able government. We know what order be fired while investigating this admin- erating. As Americans and as elected without the rule of law looks like. Last istration. In fact, he is in pretty good officials, we must come together and century it looked like the regimes of company. Acting Attorney General restore our constituents’ trust in the the Axis Powers. Now it looks like Sally Yates was fired while overseeing Federal Government. We cannot just North Korea, Egypt, the Philippines, the collection of intelligence related to wait and see any longer. Now is the and, yes, Russia. These are all nations meetings between the Russian Ambas- time for an independent special pros- led by strongmen whom our President sador and members of the Trump team. ecutor. has praised in some manner, strongmen The U.S. attorney for the Southern Mr. President, I yield the floor. who hold democratic institutions in District of New York was fired while I suggest the absence of a quorum. contempt and exercise dispropor- investigating HHS Secretary Price’s fi- The PRESIDING OFFICER (Mr. tionate control over their nations’ nancial investments, in addition to GARDNER). The clerk will call the roll. military, government institutions, and leading a separate investigation into The bill clerk proceeded to call the the media. corrupt Russian businessmen and offi- roll. While the press here in the United cials. One firing is an incident, two is a Mrs. MURRAY. Mr. President, I ask States remains independent, we have a coincidence, but three is a pattern. unanimous consent that the order for President who has chosen to regularly The past 4 months suggests that our the quorum call be rescinded. do battle with what he derides as the President thinks he can simply tweet The PRESIDING OFFICER (Mr. KEN- ‘‘fake news media.’’ He has even called and fire his way out of this problem, NEDY). Without objection, it is so or- our cherished, constitutionally pro- while continuing to cozy up to the Rus- dered. tected free press ‘‘the enemy of the sians. Earlier today, less than 24 hours Mrs. MURRAY. Mr. President, I ask American people.’’ after firing Director Comey, President unanimous consent to speak as in It is often said that the news is the Trump hosted the Russian Ambassador morning business. ‘‘first rough draft of history.’’ While and the Foreign Minister in the Oval The PRESIDING OFFICER. Without the President can attempt to wage war Office. objection, it is so ordered. with the news media, none of us can I am deeply concerned that the Presi- RUSSIA INVESTIGATION truly fight history. But here in the dent is unable or unwilling to grasp Mrs. MURRAY. Mr. President, this is Senate, we can help shape it. History what the underlying problem here ac- a critical moment in our Nation’s his- has its eyes on our Chamber now. tually is. When the President hears tory—a moment when partisanship Some of my colleagues across the Members of Congress on both sides of should be set to the side, politics aisle have said they are ‘‘troubled’’ or the aisle discuss the Russian attack on should be put on hold, and every Mem- ‘‘disappointed’’ by the President’s deci- our election and the very foundations ber of this Chamber should focus on sion to fire Director Comey, but it ap- of our democracy, he hears sour grapes what they can do to ensure the integ- pears that many are taking a wait-and- stemming from people who would have rity of our justice system and the in- see approach. They are taking a wait- liked the Republican primary or the tegrity of our executive branch. Noth- and-see approach to Director Comey’s general election to have ended dif- ing less is at stake, and none of us here firing. They are taking a wait-and-see ferently. But let me be very clear: This should forget that. approach to how the administration re- is not about scoring political points. For months, the questions sur- places him. They are taking a wait- This is not about winning the news rounding President Trump’s cam- and-see approach to the ongoing inves- cycle or the back-and-forth on Twitter. paign’s ties to Russia—what happened, tigation into the Trump campaign’s po- This is not the newest iteration of par- who was involved, and why—have gone tential collusion with Russia. The tisan politics. unanswered. The more information problem here is that this administra- Now is the time for all of us to put that comes out, the more suspicious it tion won’t let us see anything. The country above party. Throughout our all looks. And the more that President Trump administration is actively Nation’s history, Senators have come Trump tries to douse the flame by fir- working to cover up everything that together to tackle some of the Nation’s ing the people looking at where the we, as the independent legislative most difficult problems. Our Union has smoke is coming from, the more we are branch, need to see to get to the bot- survived other challenges, and I am going to keep paying attention, be- tom of the Trump campaign’s potential confident we can navigate this to- cause the bottom line is that there are collusion with Russia. gether, but we need to know exactly so many questions—real questions, le- Director Comey was investigating what we are up against. This is about gitimate questions—that absolutely this potential collusion at the time properly diagnosing and curing a pos- need to be answered. that he was fired, and it has been re- sible Russian infection in the White Many of us have pushed for these an- ported that Director Comey recently House and inoculating our government swers. We have called for an inde- asked Deputy Attorney General Rod and elections for the future. Firing pendent investigation. We had hoped Rosenstein for an increase in money your doctor won’t take your illness that President Trump would resist the and personnel for this very investiga- away, and taking a wait-and-see ap- urge to slow them down or stop them tion. Within a matter of days, the Dep- proach won’t do that either. or cover anything up. But the time for uty Attorney General wrote a memo We need an independent special pros- the back-and-forth is over. The time recommending that President Trump ecutor to diagnose potential collusion for hoping is behind us, and the time fire Director Comey for actions he took between the Trump campaign and Rus- for all of us to come together and last year. So was Director Comey fired sia. We cannot wait for the President speak with one voice for truth and on May 9, 2017, for his actions back in to handpick a new FBI Director who against any kind of coverup is now.

VerDate Sep 11 2014 02:23 May 11, 2017 Jkt 069060 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 E:\CR\FM\G10MY6.038 S10MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S2874 CONGRESSIONAL RECORD — SENATE May 10, 2017 What happened yesterday was truly The senior assistant legislative clerk U.S. attorney for the Southern District shocking, and this is coming from proceeded to call the roll. of New York. Mr. Bharara’s jurisdic- someone who didn’t think that was Mr. DURBIN. Mr. President, I ask tion, of course, included Trump Tower. possible anymore with this President. unanimous consent that the order for The President then, in a sudden Friday But if anyone was wavering before, if the quorum call be rescinded. evening announcement on March 10, anyone wanted to give this administra- The PRESIDING OFFICER. Without fired all the U.S. attorneys, including tion just a bit more time, I am hoping objection, it is so ordered. Mr. Bharara. Mr. Bharara said he was they have been paying attention to the Mr. DURBIN. Mr. President, this is a blindsided. Why was he fired? We don’t events of the past 24 hours because it is photograph taken today of our Presi- know. But we do know that Mr. hard to stay on the fence now. dent Donald Trump and Russian For- Bharara was well known as a dogged President Trump’s firing the head of eign Minister Sergey Lavrov. This pho- and independent prosecutor. News re- the FBI like that—in such a haphazard tograph was taken in the Oval Office ports indicate that Mr. Bharara was in- way—in the middle of an investigation today, where President Trump met vestigating one of President Trump’s into his own campaigning activities with Mr. Lavrov. The meeting was Cabinet members, HHS Secretary Tom should be the last straw for anyone. So closed to the American press. The Price, for insider trading. right now it could not be more clear. photo was released by the Kremlin in Yesterday, President Trump fired It is time for a special prosecutor Moscow. FBI Director Comey while the Director who can run an independent investiga- The second photo is of Mr. Trump was in Los Angeles giving a speech to tion, far from the reach of President and the Russian Ambassador to the FBI agents. The Director was not told Trump and his administration, to take United States. His name is Sergey directly of his firing. He thought ini- the case and finally get the answers Kislyak. He was also in the Oval Office tially it was a joke. the American public deserves. today to meet with President Trump, At the time he was fired, Director At the same time, our efforts here in and this picture was also released by Comey had confirmed that the FBI was Congress—especially the investigation Moscow and the Kremlin. conducting an investigation into Rus- in the Intelligence Committee—have to Ambassador Kislyak’s name is famil- sia’s interference in the 2016 election continue, and they need to continue in iar to many Americans now—it is fa- and possible connections between the an independent and bipartisan way. miliar to me—because President As I mentioned before, this isn’t Russians and individuals in the Trump Trump’s National Security Advisor, about politics. It shouldn’t be, anyway. campaign and administration. Last , resigned because of This is about the integrity of our elec- night, CNN reported that Federal pros- communications he had with Ambas- tion, of our national security, of our ecutors have begun a new phase of this sador Kislyak which he tried to keep justice system, of our Presidency, of Russian investigation, issuing grand secret and misrepresented not only to America’s standing in the world. jury subpoenas to associates of Michael No Member of Congress, no matter the American people but to the Vice Flynn’s, seeking business records. what their political affiliation, should President of the United States. Director Comey was supposed to tes- stand in the way of a thorough inves- The warm smiles and hearty hand- tify before the Senate Intelligence tigation, and neither should the Presi- shakes President Trump gave to these Committee later this week. dent of the United States. Russian officials stand in stark con- According to news reports, last week Mr. Trump may think he can bully trast to the way the White House has Director Comey went to the Justice his way to a lucrative real estate deal treated three American Department of Department and requested more money or bully the press or bully his way into Justice officials: Sally Yates, Preet and resources to devote to the Russian the White House; that he can fire any- Bharara, and James Comey. investigation. one, including the Deputy Attorney After President Trump was elected Sally Yates, Preet Bharara, James General, a U.S. attorney, or the FBI President, he asked Ms. Yates to serve Comey—three Justice Department offi- Director, if they dare to get in his way as Acting Attorney General, and he cials who led investigations that ap- or investigate his wrongdoing, but asked Mr. Bharara to stay on as U.S. peared to be getting close to the Presi- President Trump should not—he can- attorney for the Southern District of dent and his inner circle. All three not—bully his way out of an investiga- New York and indicated that Mr. were then fired by President Trump. tion, especially not when so much is at Comey could stay on as Director of the President Trump’s firing of Director stake. FBI. But then it appears that each of Comey made history. Not since Water- More than 100 days into his term, these three Justice Department offi- gate, on the evening of October 20, President Trump may have forgotten cials were in charge of investigations 1973—a Saturday, known affectionately that he promised to be a voice for mil- that started to become a concern in as the Saturday Night Massacre—has a lions of people across our country. But President Trump’s White House. President dismissed the head of an in- I haven’t forgotten whom I represent, We heard on Monday from Sally vestigation into his own administra- and I stand here today to lift up the Yates how she had informed the White tion. In its 190-year history, only one voices of so many people in my home House Counsel’s office on January 26 FBI Director had been fired. FBI Direc- State of Washington who are calling on this year that Michael Flynn, the Na- tor William Sessions was dismissed for us to get the answers—people who care tional Security Advisor to the Presi- serious ethical violations, and the FBI about our country, who know we can dent of the United States, had been at that time was not investigating the do better, who hate to see us spiraling compromised and could be blackmailed Clinton administration. toward situations we have not seen by the Russians for lies he had told I have had my disagreements with since President Nixon. publicly. President Trump kept Mi- Director Comey, judgments he has As of noon today, my office had been chael Flynn on for 18 days after that made, statements he has made. I am flooded with hundreds of calls. The express warning by the Acting Attor- not exactly his greatest fan. But I phones are ringing off the hook. On the ney General to the White House Coun- didn’t question his competence when it other end of the line are the people we sel. He only asked for his resignation came to investigating. I never called represent. They are picking up the hours after re- on him to be fired. phone and trying to get through to ported on General Flynn’s false state- There are so many questions that every one of us in the Senate. They ments about his Russian communica- need to be answered: Why was Director want answers, and they deserve them. tions. Comey fired now, just as the FBI inves- So let’s get to the bottom of this, The President fired Sally Yates, the tigation of the Russian interference of once and for all, for the people we rep- Acting Attorney General, on January the Presidential campaign seemed to resent and for the integrity of our elec- 30—4 days after she warned the White be reaching a critical point? tions and our very democracy. House about this connection between Today, the White House spokesperson I yield the floor. General Flynn and this Ambassador. said that the President has been con- I suggest the absence of a quorum. Then there was Preet Bharara, whom sidering firing Director Comey since The PRESIDING OFFICER. The the President invited to Trump Tower the day he took office. Did the Presi- clerk will call the roll. to tell him he wanted him to stay on as dent or anyone else in the White House

VerDate Sep 11 2014 02:23 May 11, 2017 Jkt 069060 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 E:\CR\FM\G10MY6.039 S10MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 10, 2017 CONGRESSIONAL RECORD — SENATE S2875 ask or direct the Justice Department and to hold those accountable who may in our last Presidential election will to recommend the firing of Director have been guilty of collusion with a continue, and at the time, name a De- Comey? Press reports quote Trump ad- foreign government trying to impact partment of Justice career official who ministration aides saying Attorney the outcome of an election? will be in charge of it until a new Di- General Jeff Sessions was charged with If we read the memo that has been rector of the FBI is found. coming up with the reasons why the prepared by Deputy Attorney General Second, Mr. Rosenstein, as well as President should fire Comey. President Rosenstein giving the reasons for the Senator Sessions—now Attorney Gen- Trump told my colleague Senator dismissal of James Comey, it focuses eral Sessions—should not be party to FEINSTEIN he had asked the Justice De- almost exclusively on Comey’s treat- choosing a special prosecutor. Let’s partment to review Comey’s perform- ment of Hillary Clinton in the last have career Department professionals ance. And Sarah Huckabee Sanders, Presidential campaign. I am incred- choose someone from outside govern- Deputy Press Secretary to the Presi- ulous to think that some 10 months ment, without a party label, who has dent, acknowledged today that the after the fact, the Trump administra- demonstrated the expertise necessary President asked the Justice Depart- tion took such pity on the treatment of to prosecute such challenging situa- ment to put the recommendation in Hillary Clinton, they couldn’t wait to tions as this. Put them in charge, let writing. fire the Director of the FBI. That is the them investigate, and let the facts lead Why was Attorney General Sessions so-called good reason they are giving us to a conclusion. involved in this decision at all? Re- us, but there is a real reason. The real To try to stop this or short-circuit it member, Attorney General Sessions reason is that it seems that James by dismissing Mr. Comey is ineffective was forced to recuse himself from the Comey was engaged in an investigation in terms of serving justice and, sadly, investigation of Russian collusion with into the Russian collusion in the last is a sad reflection on American ideals the Trump administration because of election; that he was looking at mem- and values. his close connections with the Trump bers of the Trump administration—spe- Mr. President, I yield the floor. campaign and communications he him- cifically, General Flynn in this cir- I suggest the absence of a quorum. self had with Mr. Kislyak and other cumstance—and he was also looking at The PRESIDING OFFICER. The Russian officials. whether any other individuals, in- clerk will call the roll. When they made the decision to fire volved with the Trump campaign or The assistant bill clerk proceeded to Director Comey, was the White House not, were engaged in this activity. He call the roll. aware that Director Comey had report- clearly needs more resources, and he Mr. BENNET. Mr. President, I ask edly just asked the Justice Department wants to get to the bottom of it, and unanimous consent that the order for for more resources for an adequate in- for that, he was fired last night. the quorum call be rescinded. The question obviously is, What hap- vestigation? The PRESIDING OFFICER. Without Perhaps the most important question pens next? Will the American people objection, it is so ordered. of all: When will Republicans in Con- sit still for this? Will they accept this Mr. BENNET. Mr. President, as you kind of effort to close down an inves- gress agree to support a special pros- know, last night President Trump fired tigation that might reach into the ecutor and an independent commission FBI Director James Comey. He did this President’s own White House? If they to get to the bottom of this Russian in the middle of an active FBI inves- are willing to step back and let that collusion in our last Presidential elec- tigation into possible links between happen, then we have surrendered an tion? the Trump campaign, Trump associ- November 8, 2016, is a day that will important principle. ates, and the Russian Government. In 1973, President Nixon tried to live in cyber infamy. It was that elec- This action should worry every Mem- make it clear that he could not be held tion in which the Russians set out to ber of the Senate. I know it worries the accountable to the rule of law when it people we represent. My office has been change the results. It is the first time came to the Watergate break-in and flooded with calls since this decision we have seen an overt effort by a for- coverup. He fired Archibald Cox. Others became public. Americans are asking eign power to do this, and many on the resigned because of that firing, and the why this firing happened now, why the other side of the aisle have taken a ho- public sentiment across America was firing happened at all—and they are hum attitude—it is just another exam- so strong against President Nixon for right to ask. ple of kids being kids. I don’t think so. trying to intervene in this legal proc- Officially, President Trump said the When one of our major adversaries in ess that ultimately he paid a heavy FBI Director’s dismissal was necessary the world decides to try to impact the price for his conduct. choice of the leader of the free world, I don’t know whether there is any in- to restore the ‘‘public trust and con- the United States should stand up take volvement by President Trump in this fidence’’ in the FBI. That is laughable. notice, and fight back. Let’s not forget collusion. I am not going to assume Anybody who knows Director Comey or that a week ago there was a hacking that. I shouldn’t. In fairness, there knows the FBI knows that statement is attack on another democratic election should be an investigation—a credible completely false. I had my issues with in France and that all signs point investigation—by professionals. But the decisions that Director Comey had again to Russia as perpetrator. shutting down the investigation by the made over the past months. I never Russia has acted with impunity since FBI at this point closes the door to called for his removal, but I know that its attack on our election, in part due gaining valuable information so that he did not have a negative effect on to the administration’s refusal to ac- we understand who was involved in this morale at the Justice Department or in knowledge Russia’s responsibility for effort to undermine the American Pres- the FBI. an act of cyber war on America and to idential election. I worked for a Deputy Attorney Gen- respond accordingly and the majority I am not standing here in defense of eral of the United States. I am so dis- party’s refusal to take serious actions James Comey as a person. I do stand appointed in the tone of the letter here in Congress. here in defense of this Director of the written by this Deputy Attorney Gen- In these pictures, President Trump is FBI who believed, as our intelligence eral—we learned this afternoon—at the shaking hands with Russians, and the agencies believed, that this was a cred- request of the President of the United Kremlin is gleefully tweeting these pic- ible threat to the democracy of the States. This is not a letter that came tures around the world. The President United States and deserves a profes- up through the chain at DOJ, but a kept out the American press, but it sional prosecutor’s investigation. For conversation—as the public reports are turns out the Russians got the photos that reason, Comey’s efforts should tonight—that happened at the White they needed to send around the world. continue. But, having dismissed him, House, where the Deputy Attorney The American people need some an- let’s at least hope that Mr. Rosenstein General and the President agreed mu- swers about what is going on here. will stand up for the integrity of the tually that it was time for Director When will the Republicans join us in a Department of Justice and do two Comey to go. bipartisan effort to have an honest in- things: The President, apparently, asked the vestigation, to follow the facts and fol- First, give a public assurance that Deputy Attorney General to put it in low the evidence wherever it may lead, the investigation of Russian collusion writing. Then he wrote a letter, the

VerDate Sep 11 2014 02:23 May 11, 2017 Jkt 069060 PO 00000 Frm 00025 Fmt 0637 Sfmt 0634 E:\CR\FM\G10MY6.043 S10MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S2876 CONGRESSIONAL RECORD — SENATE May 10, 2017 type of which I have never seen come judiciary and the executive branch interests of the United States but is an from the Deputy Attorney General’s of- might reach some sort of unholy alli- invitation to the Russians to continue fice. I worked on reports that we made ance that would all of a sudden call the to meddle in elections, not just here with the Office of Professional Respon- rule of law into question. but in Western Europe and in Eastern sibility at the Department of Justice. I I think that is why people are wor- Europe as well. It is hard for me to see never saw a report like this before. But ried. They are worried because they re- how that is in anybody’s national secu- what I really find amazing about this member this President slandered a rity interest, except for the Russians decision—and I don’t know why the de- judge because of his ethnicity and said or President Putin. cision was made; I am the first to say that he wouldn’t be able to decide a Our intelligence agencies have been that I don’t know—is that, having been case fairly because of where his parents crystal clear to the Members of Con- in the Senate, having worked in the came from. They remember his attacks gress that the Russian Government Deputy Attorney General’s office at on the free press, as well, when he tried to influence the 2016 election in the Department of Justice, that no- doesn’t like their reporting, and his re- President Trump’s favor. The Amer- body at the White House said to the sorting to talking about fake news ican people deserve to know what the President: Maybe the best thing to do when he doesn’t like the reporting. truth is. What is the extent of these re- is not to fire the FBI Director when he I have had to talk with so many high lationships? It goes to the core of our is in the middle of an investigation school students and middle school stu- security. It goes to the heart of our de- about ties of your campaign to Russia, dents in Colorado over the last 4 or 5 mocracy. That is why preserving this because maybe that will undermine months about this whole question of investigation’s integrity is so vital. Americans’ confidence in the rule of fake news and what the importance of I can tell you that the American peo- law, and maybe that will undermine edited content is to our society and, ple are not going to relent. I under- Americans’ confidence in this adminis- again, to our commitment to the rule stand there will be some time here tration and worry people that the FBI of law—the importance that middle when people want to collect their isn’t treating this fairly. The idea that school students and high school stu- thoughts and gather their thoughts. not a single member of the administra- dents place on edited content and on The American people are not going to tion was successful in making that curated content; their ability to distin- relent. They are going to want an inde- case to the President is really worri- guish between something that is pendent investigation here. For all some to me tonight, and it is one of the science or something that is real, Americans and, I would say, most of reasons why people think the answer to something that is edited versus some- the time, but certainly at moments why this firing occurred is simply not body shooting their mouth off on the like this—this is a moment in the credible. internet. course of our politics when they say to President Trump, unlike some, has The President has a hard time mak- us: Partisanship needs to give way to repeatedly praised Director Comey ing that distinction, as well. He has patriotism. This is one of those mo- over the past months. He said he had shown little regard for the traditions ments. guts. He said: ‘‘I respect him a lot.’’ and norms that our Founders estab- I urge every Member of this body, Now, overnight, based on a completely lished when they created this separa- every Member of Congress, to rise nonroutine letter written at the re- tion of powers. above the pressure of the moment and quest of the President, he has turned So I say to my colleagues tonight, see this not as just another skirmish in 180 degrees. the Senate must stand firm and speak our endless and often pathetic feuding The American people deserve an ex- with one voice—Democrats and Repub- but as a test of the resilience of these planation for this unprecedented ac- licans. We now have a vacancy in the institutions and of our Republic, a test tion. They deserve an explanation to- FBI Director, and we need to make of whether we as Congress stand for night. They deserved one this after- sure that whoever that is, whoever re- something more than winning praise noon. They know this isn’t how our places James Comey, pledges to con- from our base in a cable news cycle or government is supposed to work. I tinue the ongoing investigation and re- in the next election or whether we take think the reason why people in Colo- inforce the FBI’s independence from seriously our oaths to put our institu- rado and in other parts of the country, undue influence from the White House. tions, our security, and our country I am sure, are concerned is that this That needs to be nonnegotiable. In my first. dismissal is not the first action the view, that is the least that must hap- I yield the floor. President has taken that raised con- pen. The PRESIDING OFFICER. The ma- cerns about his commitment to the In order for the American people to jority leader. rule of law or his commitment to the learn the full truth, the Deputy Attor- f independent judiciary or to the free- ney General must immediately appoint dom of the press under the First an independent special prosecutor to LEGISLATIVE SESSION Amendment when he doesn’t like the investigate Russian interference in the scrutiny he or his administration are 2016 election, which, by the way, every- getting from a free press. He does not body I know up here believes happened. MORNING BUSINESS have a fundamental appreciation for But the President continues to say: Mr. MCCONNELL. Mr. President, I the basic institutions and traditions of Maybe it was the Chinese; maybe it ask unanimous consent that the Sen- this country. wasn’t the Russians. No intelligence ate be in a period of morning business, It is a great irony, I think, at this agency in America believes that. No with Senators permitted to speak moment in our politics, that the Presi- Senator believes that. therein for up to 10 minutes each. dent represents a radical view of Amer- The President, who has access to all The PRESIDING OFFICER. Without ican history and American traditions. of that intelligence, is saying: It might objection, it is so ordered. It is my hope that this Senate—Repub- not have been the Russians; it might be f licans and Democrats working to- the Chinese. gether—can express together a conserv- We need to know. I am not pre- CONGRESSIONAL REVIEW ACT ative view of those traditions, a view judging the result, but we need to RESOLUTION that says: We need to preserve the know what these links were, if there Mr. VAN HOLLEN. Mr. President, I sanctity of the rule of law. We need to were links, between the Trump cam- oppose this blatant giveaway to the oil preserve and elevate the idea that the paign and the Russian Government. and gas industry at the expense of pub- judicial branch is an independent judi- These are serious questions that need lic health and the environment. We are ciary, separate from the legislative answers. I worry a lot about what the now at the eleventh hour of expedited branch, separate from the executive President has said about our allies in consideration of resolutions to over- branch. Europe, what the President has said turn Obama-era rules, and the majority The Founders knew that when they about NATO, what the President has is bringing forward this legislation to wrote the Constitution. One of their said about the —none overturn a Bureau of Land Manage- biggest concerns was that somehow the of which serves the national security ment rule on methane waste.

VerDate Sep 11 2014 03:21 May 11, 2017 Jkt 069060 PO 00000 Frm 00026 Fmt 0637 Sfmt 0634 E:\CR\FM\G10MY6.045 S10MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 10, 2017 CONGRESSIONAL RECORD — SENATE S2877 The BLM methane rule is a reason- DEFENSE SECURITY ern systems that will enhance interoper- able, achievable way to limit emissions COOPERATION AGENCY, ability with U.S. forces and increase secu- of methane—a particularly potent Arlington, VA. rity. greenhouse gas—and save taxpayer Hon. BOB CORKER, The proposed sale will enhance the UAE’s Chairman, Committee on Foreign Relations, capability to meet current and future air- money. The rule would prevent the oil U.S. Senate, Washington, DC. craft and missile threats. The UAE will use and gas industry from excessive vent- DEAR MR. CHAIRMAN: Pursuant to the the capability as a deterrent to regional ing and flaring of methane into the air reporting requirements of Section threats and to strengthen its homeland de- and ensure that they work more quick- 36(b)(1) of the Arms Export Control fense. The UAE has fielded the Patriot sys- ly to address methane leaks. As we Act, as amended, we are forwarding tem since 2009 and will have no difficulty ab- have seen in Colorado, which has a sorbing these additional missiles into its herewith Transmittal No. 17–21, con- armed forces. similar rule, the technology to meet cerning the Army’s proposed Letter(s) these requirements exists and is not The proposed sale of these missiles will not of Offer and Acceptance to the Govern- alter the basic military balance in the re- prohibitively expensive. ment of the United Arab Emirates for gion. The BLM rule is a tremendously ef- defense articles and services estimated The prime contractor for the –3 Mis- fective way to address greenhouse to cost $2.0 billion. After this letter is sile is Lockheed-Martin in Dallas, Texas. gases. Simply limiting these methane delivered to your office, we plan to The prime contractor for the GEM–T missile emissions would be the equivalent of issue a news release to notify the pub- is Raytheon Company in Andover, Massachu- taking nearly 1 million cars off the setts. There are no known offset agreements lic of this proposed sale. proposed in connection with this potential roads. Reducing methane leaks also Sincerely, sale. prevents the leak of volatile organic J. W. RIXEY, Implementation of this proposed sale will compounds and other pollutants that Vice Admiral, USN, Director. require additional contractor representa- Enclosures. contribute to ground-level ozone and tives to the UAE. It is not expected addi- damage public health. TRANSMITTAL NO. 17–21 tional U.S. Government personnel will be re- By overturning this rule, the Senate Notice of Proposed Issuance of Letter of quired in country for an extended period of would not just have given the oil and Offer Pursuant to Section 36(b)(1) of the time. U.S. Army Aviation and Missile Life gas industry the green light to keep Arms Export Control Act, as amended Cycle Management Command (AMCOM) cur- polluting, it would essentially be pay- (i) Prospective Purchaser: Government of rently maintains a field office in UAE in sup- ing them to do it. Right now, compa- the United Arab Emirates (UAE). port of UAE Patriot systems. nies don’t pay royalties on wasted gas (ii) Total Estimated Value: There will be no adverse impact on U.S. de- Major Defense Equipment* $1.0 billion. fense readiness as a result of this proposed from public lands. If we allow them to Other $1.0 billion. sale. continue their inefficient practices, Total $2.0 billion. TRANSMITTAL NO. 17–21 they will avoid more than $800 million (iii) Description and Quantity or Quan- in royalties over the next decade. Be- tities of Articles or Services under Consider- Notice of Proposed Issuance of Letter of cause States where operations are lo- ation for Purchase: Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act cated get a large share of the royalties, Major Defense Equipment (MDE): western States like Colorado, Wyo- Sixty (60) Patriot Advanced Capability 3 Annex Item No. vii (PAC–3) Missiles with canisters. (vii) Sensitivity of Technology: ming, Utah, and Montana would lose One hundred (100) Patriot Guidance En- out on millions of dollars. Oil and gas 1. The Patriot Advanced Capability–3 Mis- hanced Missile-Tactical (GEM–T) Missiles. sile Segment Enhancement/Configuration–3 companies will be taking public re- Non-MDE includes: Ground Support Equipment (PAC–3 MSE/C–3) sources, wastefully venting them into Also included are canisters, tools and test Air Defense System. The Patriot Advanced the atmosphere, and avoiding any cost equipment, support equipment, publications Capability–3/Configuration–3 Ground Support for that behavior. and technical documentation, spare and re- Equipment (PAC–3/C–3) Air Defense System Stakeholders like sportsmen, con- pair parts, U.S. Government and contractor contains classified CONFIDENTIAL hard- servationists, tribal leaders, and con- technical, engineering and logistics support ware components, SECRET tactical soft- services, and other related elements of logis- ware, and critical/sensitive technology. The sumer groups support the methane tics and program support. rule. The only voices asking for its re- PAC–3 Missile Four-Pack and Guidance En- (iv) Military Department: Army (AE–B– hanced Missile (GEM–T) hardware is classi- peal are the oil and gas industry and ZUG, Amendment 8). fied CONFIDENTIAL and the associated the Koch brothers. We should stand for (v) Prior Related Cases, if any: AE–B–ZUG. launcher hardware is UNCLASSIFIED. The our constituents and taxpayers in- (vi) Sales Commission, Fee, etc., Paid, Of- items requested represent significant tech- stead. fered, or Agreed to be Paid: None. nological advances for UAE. The PAC–3/C–3 (vii) Sensitivity of Technology Contained Air Defense System continues to hold a sig- f in the Defense Article or Defense Services nificant technology lead over other surface- Proposed to be Sold: See Attached Annex. ARMS SALES NOTIFICATION to-air missile systems in the world. (viii) Date Report Delivered to Congress: 2. The PAC–3/C–3 sensitive/critical tech- Mr. CORKER. Mr. President, section May 10, 2017. nology is primarily in the area of design and 36(b) of the Arms Export Control Act * As defined in Section 47(6) of the Arms production know-how and primarily inherent requires that Congress receive prior no- Export Control Act. in the design, development and/or manufac- tification of certain proposed arms POLICY JUSTIFICATION turing data related to the following compo- sales as defined by that statute. Upon Government of the United Arab Emirates nents: such notification, the Congress has 30 (UAE)—Patriot PAC–3 and GEM–T Missiles a. Radar Enhancement Phase III (REP–3) calendar days during which the sale The Government of the United Arab Emir- Exciter Assemblies may be reviewed. The provision stipu- ates has requested the possible sale of sixty b. Radar Digital Processor lates that, in the Senate, the notifica- (60) Patriot Advanced Capability 3 (PAC–3) c. Modern Adjunct Processor tion of proposed sales shall be sent to missiles with canisters and one hundred (100) d. REP–3 Traveling Wave Tube the chairman of the Senate Foreign Patriot Guidance Enhanced Missile-Tactical e. Classification, Discrimination, and Iden- Relations Committee. (GEM–T) missiles. Also included are can- tification–3 (CDI–3) Digital Signal Processor f. CDI–3 Analog/Digital Converters In keeping with the committee’s in- isters, tools and test equipment, support equipment, publications and technical docu- g. Hardware-in-the-Loop and Digital Sim- tention to see that relevant informa- mentation, spare and repair parts, U.S. Gov- ulations tion is available to the full Senate, I ernment and contractor technical, engineer- h. Surface Acoustic Wave (SAW) Oscilla- ask unanimous consent to have printed ing and logistics support services, and other tors in the RECORD the notifications which related elements of logistics and program i. PAC–3 Missile Guidance Processor Unit have been received. If the cover letter support. The estimated cost is $2 billion. j. PAC–3 Seeker references a classified annex, then such This proposed sale will contribute to the k. PAC–3 Missile Software annex is available to all Senators in foreign policy and national security of the l. PAC–3 MSE Software United States by improving the security of m. GEM–T Fuze the office of the Foreign Relations an important ally which has been, and con- n. GEM–T SAW Oscillator Committee, room SD–423. tinues to be, a force for political stability o. Selected areas of the Patriot Ground There being no objection, the mate- and economic progress in the Middle East. Equipment software rial was ordered to be printed in the This sale is consistent with U.S. initiatives p. Multiband Radio Frequency Datalink RECORD, as follows: to provide key allies in the region with mod- (MRFDL)

VerDate Sep 11 2014 03:21 May 11, 2017 Jkt 069060 PO 00000 Frm 00027 Fmt 0637 Sfmt 0634 E:\CR\FM\A10MY6.020 S10MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S2878 CONGRESSIONAL RECORD — SENATE May 10, 2017 3. Information on vulnerability to elec- (vi) Sales Commission. Fee, etc., Paid, Of- tive mask. The system used two M61 filters tronic countermeasures and counter-coun- fered, or Agreed to be Paid: None. integrated into the air inlet system to pro- termeasures, system performance capabili- (vii) Sensitivity of Technology Contained tect against nuclear, biological and chemical ties and effectiveness, survivability and vul- in the Defense Article or Defense Services threats including select toxic industrial nerability data, PAC–3 and GEM–T Missile Proposed to be Sold: See Annex Attached. chemicals. The highest level of information seeker capabilities, non-cooperative target (viii) Date Report Delivered to Congress: that could be disclosed by the transfer of the recognition, low observable technologies, se- May 10, 2017. M50 is UNCLASSIFIED. lect software/software documentation and * As defined in Section 47(6) of the Arms 3. All defense articles and services listed in test data are classified up to and including Export Control Act. this transmittal are authorized for release SECRET. POLICY JUSTIFICATION and export to the Government of India. 4. If a technologically advanced adversary Government of India—CBRN Support f were to obtain knowledge of the specific Equipment hardware and software elements, the infor- NOMINATION OBJECTION The Government of India (GoI) has re- mation could be used to develop counter- quested a possible sale of 38,034 M50 general Mr. WYDEN. Mr. President, today I measures which might reduce weapons sys- purpose masks; Joint Service Lightweight am placing a hold on the nomination of tems effectiveness or be used in the develop- Integrated Suit Technology (JSLIST), which ment of a system with similar or advanced Sigal Mandelker to be Under Secretary consists of 38,034 each: suits, pairs of trou- capabilities. of the Treasury for Terrorism and Fi- 5. A determination has been made that the sers, pairs of gloves, pairs of boots and NBC nancial Intelligence. I will maintain Government of the UAE can provide substan- bags; 854 aprons; 854 alternative aprons; 9,509 that hold until the Treasury Depart- tially the same degree of protection for the Quick Doff Hoods; and 114,102 M61 filters. Also included in the potential sale is train- ment provides the Senate Intelligence sensitive technology being released as the Committee and Senate Finance Com- U.S. Government. This proposed sustainment ing; technical data; U.S. Government tech- nical assistance; staging/consolidation; mittee information and documents re- program is necessary to the furtherance of lated to Russia and its financial deal- the U.S. foreign policy and national security transportation; and other related elements objectives outlined in the policy justifica- of logistics support. The estimated cost is $75 ings with President Trump and his as- tion. million. sociates. As announced by Senate In- 6. All defense articles and services listed in This proposed sale will contribute to the telligence Committee Vice Chairman foreign policy and national security of the this transmittal are authorized for release WARNER on Tuesday, May 9; the Intel- and export to the Government of the UAE. United States, by helping to improve the se- curity of a friendly country which has been, ligence Committee has made a request DEFENSE SECURITY and continues to be, an important force for to the Treasury Department’s Finan- COOPERATION AGENCY, cial Crimes Enforcement Network, Arlington, VA. political stability and economic progress in South Asia. FinCEN. Hon. BOB CORKER, The GoI intends to use these defense arti- Chairman, Committee on Foreign Relations, I have stated repeatedly that we cles and services to modernize its armed U.S. Senate, Washington, DC. must follow the money if we are going forces. This will contribute to the Indian DEAR MR. CHAIRMAN: Pursuant to the re- to get to the bottom of how Russia has porting requirements of Section 36(b)(1) of military’s goal to update its capability while attacked our democracy. That means enhancing the relationship between India the Arms Export Control Act, as amended, thoroughly reviewing any information we are forwarding herewith Transmittal No. and the United States. The GoI will have no difficulty absorbing these defense articles that relates to financial connections 17–08, concerning the Army’s proposed Let- between Russia and President Trump ter(s) of Offer and Acceptance to the Govern- into its armed forces. The proposed sale of this equipment and and his associates, whether direct or ment of India for defense articles and serv- support will not alter the basic military bal- ices estimated to cost $75 million. After this laundered through hidden or illicit ance in the region. letter is delivered to your office, we plan to transactions. The principal contractor involved in this issue a news release to notify the public of The office which Ms. Mandelker is program is Avon Protection Systems, Inc., this proposed sale. nominated to head is responsible for Cadillac, MI. At this time, there are no Sincerely, known offset agreements proposed in connec- much of this information. The Office of J.W. RIXLEY, tion with this potential sale. Terrorism and Financial Intelligence Vice Admiral, USN, Director. There will be no adverse impact on U.S. de- marshals the Treasury Department’s Enclosures. fense readiness as a result of this proposed intelligence and enforcement functions TRANSMITTAL NO. 17–08 sale. to combat financial crimes and threats, Notice of Proposed Issuance of Letter of TRANSMITTAL NO. 17–08 including money laundering. Offer Pursuant to Section 36(b)(1) of the Notice of Proposed Issuance of Letter of Arms Export Control Act, as amended f Offer Pursuant to Section 36(b)(1) of the (i) Prospective Purchaser: Government of Arms Export Control Act TRIBUTE TO DANIEL K. AKAKA India. Annex Item No. vii Ms. HIRONO. Mr. President, today I (ii) Total Estimated Value: Major Defense Equipment * $0 million. (vii) Sensitivity of Technology: wish to honor our former colleague, Other $75 million. 1. The Joint Service lightweight Integrated Senator Daniel K. Akaka, for his life- Total $75 million. Suit Technology (JSLIST) is a chemical and time of distinguished leadership, serv- (iii) Description and Quantity or Quan- biological protective garment meant to be ice, and contributions to our Nation’s tities of Articles or Services under Consider- worn over the operational uniform of the veteran and Native Hawaiian commu- ation for Purchase: user. It has an outer shell made up of a 50% nities. nylon and 50% cotton poplin blend material Major Defense Equipment (MDE): None. Daniel Kahikina Akaka dedicated his Non-MDE include: with a water repellant finish. The liner layer Thirty-eight thousand thirty-four (38,034) consists of a nonwoven front laminated to life to serving the people of Hawaii. He M50 General Purpose Masks. activated carbon spheres and bonded to a tri- served as a Member of the U.S. Senate Joint Service Lightweight Integrated Suit cot knit back that absorbs chemical agents. for 22 years. Prior to that, he served Technology (JSLIST) consisting of: Thirty- When the JSLIST coat and trousers are com- Hawaii’s 2nd Congressional District in eight thousand thirty-four (38,034) Suits, bined with boots, gloves, and a chemical pro- the United States House of Representa- Thirty-eight thousand thirty-four (38,034) tective mask, JSLIST provides protection tives for 14 years. Pairs of Trousers, Thirty-eight thousand against chemical and biological agents, ra- However, his story of leadership and thirty-four (38,034) Pairs of Gloves, Thirty- dioactive fallout particles, and battlefield eight thousand thirty-four (38,034) Pairs of contaminants. The highest level of informa- service begins well before his tenure on Boots, Thirty-eight thousand thirty-four tion that could be disclosed by the transfer Capitol Hill. (38,034) NBC Bags, Eight hundred fifty-four of the JSLIST Suit is UNCLASSIFIED. On December 7, 1941, a young Senator (854) Aprons, Eight hundred fifty-four (854) JSLIST is considered a U.S. military uni- Akaka witnessed Japanese fighter Alternative Aprons, Nine thousand five hun- form item, and as such, any unit being sold planes attacking Pearl Harbor from his dred nine (9,509) Quick Doff Hood, One hun- to Foreign Military Sales customers will not dorm room at the Kamehameha dred fourteen thousand one hundred two utilize an actively used U.S. military camou- Schools. The events of that morning (114,102) M61 Filters. flage pattern in accordance with the Secu- were life-altering for him and many Also included is training, technical data, rity Assistance Management Manual U.S. Government technical assistance, stag- (SAMM), Chapter 4, paragraph 4.5.6. and 10 young men his age, and he joined the ing/consolidation, and transportation line. USC § 771. war effort. (iv) Military Department: Army. 2. The M50 Joint Service General Purpose Following his service in World War II (v) Prior Related Cases, if any: None. Mask is the U.S. Armed Forces’ field protec- with the U.S. Army Corps of Engineers,

VerDate Sep 11 2014 03:21 May 11, 2017 Jkt 069060 PO 00000 Frm 00028 Fmt 0637 Sfmt 0634 E:\CR\FM\A10MY6.024 S10MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 10, 2017 CONGRESSIONAL RECORD — SENATE S2879 Senator Akaka earned a bachelor’s de- Korean war. CPL Perreault was as- resent the interests of the Nation’s gree from the University of Hawaii. He signed to Headquarters Battery, 15th homebuilding industry and to help cre- later attained a master’s degree as Field Artillery Battalion, 2nd Infantry ate a business environment that facili- well. As he has relayed in the past, had Division, which was supporting a regi- tates homebuilding, enables more it not been for the benefits received ment of the Republic of Korea Army in Americans to achieve homeownership, under the G.I. Bill, Senator Akaka’s fu- the area known as the Central Corridor and provides for ample rental housing ture in public service would not have in South Korea. Tragically, CPL for all income levels. The National As- been more than a dream. Perreault went missing in 1951, after sociation of Home Builders’ member- A believer in the power of education, the Chinese People’s Volunteer Forces ship includes not just builders, but pro- Senator Akaka made it a career. Be- launched a massive attack against the fessionals in a broad range of fields fore entering politics, he served as a regiment at Changbong-ni. He was de- who are part of the homebuilding in- teacher, principal, and educational ad- clared killed in action in 1954. dustry, including those who remodel, ministrator, making a difference in the CPL Perreault’s family, including his update, and help maintain existing lives of many students for over 15 sisters and their husbands, Pauline and homes. years. Jim O’Brien and Lorraine and Edward For many years, the goal set forth in As a veteran himself, Senator Akaka Winkowski, devotedly preserved his the Housing Act of 1949 of ‘‘a decent dedicated his service in Congress to memory over the years. Pauline and home and a suitable living environ- helping servicemembers, veterans, and Jim also joined families of other miss- ment for every American family’’ has their families. His commitment to ing servicemembers at Department of been a guiding principle for America’s these issues led to his service as chair- Defense meetings to discuss efforts to homebuilders, and they have made man of the Senate Committee on Vet- recover the remains of their loved ones. great strides in achieving that goal. erans’ Affairs from 2007 to 2011. As Last December, the POW/MIA Ac- Since 1942, the total number of hous- chairman, he worked to expand VA counting Agency at the Defense De- ing units in the United States has more services. He also authored and passed partment identified CPL Perreault’s than tripled, increasing from about 35 the Post-9/11 G.I. Bill, which is making remains using family DNA and anthro- million to almost 136 million. Also the a difference to new generations of vet- pological analysis. Nation’s homeownership rate has in- erans as the original G.I. Bill did for While sisters Pauline and Lorraine creased from about 44 percent to al- and their spouses are now deceased, his generation. most 64 percent. Moreover, the Na- Not only was Senator Akaka a cham- Pauline and Jim’s children will be tion’s standard of living has increased pion for education and veterans, he was present to welcome their uncle home, significantly thanks to the efforts of also a champion for Native Hawaiians. including Karen O’Brien, James the National Association of Home O’Brien, Jr., Patricia O’Brien, Mary He is the first person of Native Hawai- Builders’ members, who build about 80 Kay Wyand and her husband Daniel, ian ancestry to serve in the U.S. Sen- percent of the new homes constructed John O’Brien and his wife Kathy, Anne ate, and he grew up in an era where the in the United States each year. Booska and her husband Joseph, Daniel Hawaiian language and culture were The members of the National Asso- O’Brien and his wife Angela, and Sheila heavily looked down upon. To help ciation of Home Builders have served O’Brien, as well as CPL Perreault’s 18 change this perception, he committed as a driving force behind the signifi- great-nieces and great-nephews, and 23 to protecting the language, culture, cant advances in the quality of the na- great-great-nieces and great-great- and traditions of indigenous peoples. tion’s housing and the resulting im- nephews. Senator Akaka advanced these prior- provement in quality of life for Ameri- I have long believed that we have a cans. America’s homebuilders play im- ities as chairman of the Senate Com- responsibility to families like CPL mittee on Indian Affairs from 2011 to portant roles in the fabric of their com- Perreault’s to account for those miss- munities, and they are essential to the 2013. He also played a key role in ensur- ing in action from all conflicts. I com- ing the passage of legislation that en- Nation’s economic health. Home- mend the POW/MIA Accounting Agen- building accounts for about 16 percent hanced Native Hawaiian education pro- cy for their tireless efforts to locate grams and authored a joint resolution of the total U.S. economy. and identify the remains of CPL I congratulate the National Associa- that acknowledged the U.S. Govern- Perreault, more than six decades after ment’s role in the overthrow of the tion of Home Builders and its members he first went missing. on the organization’s 75th anniversary Kingdom of Hawaii in 1893, while recog- I also want to thank the U.S. Army, nizing the special trust relationship and encourage my colleagues in the the Vermont Army National Guard, Senate to reflect on the crucial role held with the Native Hawaiian commu- and the Veterans of Foreign Wars for nity. the homebuilding industry has played their assistance in returning CPL over the last 75 years in our Nation’s He also fought tirelessly for self-de- Perrault’s remains to his family. Last- economy and the lives of our people. termination for Native Hawaiians. ly, I also want to thank the staff at During his time in Washington, DC, Delta Airlines and Burlington Inter- f he served the people of Hawaii well and national Airport who made it possible ADDITIONAL STATEMENTS with distinction. Although he retired for CPL Perreault’s remains to be in 2012, Senator Akaka has continued flown home to Vermont, where they down a path of leadership and service, will be received with full military hon- REMEMBERING DON DUNWELL speaking to students and mentoring ors, surrounded by his family. ∑ Mr. TESTER. Mr. President, today I some of Hawaii’s up-and-coming lead- At long last, George Albert wish to remember the life of Don ers. We all appreciate his continued Perreault, Jr., will be laid to rest in Dunwell—journalist, husband, father, service. Vermont on Saturday, May 13, next to and community leader. Mahalo nui loa, my dear friend, for his parents, George and Yvonne Don was known for his thoughtful being a true champion of aloha. Perreault. interview style, creative storytelling, f f and ability to connect with the thou- sands of viewers who entrusted him to HONORING CORPORAL GEORGE A. 75TH ANNIVERSARY OF THE NA- PERREAULT, JR. deliver the news. TIONAL ASSOCIATION OF HOME- It was common to find Don teaching Mr. SANDERS. Mr. President, I want BUILDERS and mentoring young reporters about to recognize George Albert Perreault, Mr. ISAKSON. Mr. President, as a re- the ins and outs of journalism. Jr., a Korean war veteran whose re- altor and the former owner of a real es- He believed fiercely in the free press mains are being brought home to tate company, it is my great pleasure and the strong ethics that were re- Vermont, 66 years after he was de- today to congratulate the National As- quired to be a trusted source of infor- clared missing in action. CPL sociation of Home Builders on its 75th mation. Perreault enlisted in the U.S. Army anniversary. He never took his platform for grant- after graduating from Burlington High The National Association of Home ed and used it to make Montana and School, and he served bravely in the Builders was established in 1942 to rep- this Nation a better place.

VerDate Sep 11 2014 02:23 May 11, 2017 Jkt 069060 PO 00000 Frm 00029 Fmt 0637 Sfmt 0634 E:\CR\FM\G10MY6.040 S10MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S2880 CONGRESSIONAL RECORD — SENATE May 10, 2017 Outside the newsroom, he was a received in the Office of the President of the mentation Plans; Texas; Revisions to Emis- proud father to John, working hard Senate on May 8, 2017; to the Committee on sions Banking and Trading Programs and each day to ensure that his son had Banking, Housing, and Urban Affairs. Compliance Flexibility’’ (FRL No. 9960–22– EC–1541. A communication from the Sec- Region 6) received during adjournment of the every opportunity possible. retary, Securities and Exchange Commis- Senate in the Office of the President of the Don was immensely proud of his wife, sion, transmitting, pursuant to law, the re- Senate on May 5, 2017; to the Committee on Mary Ann, who charted her own path port of a rule entitled ‘‘Technical Amend- Environment and Public Works. as a public servant. ments to Form ADV and Form ADV–W’’ (17 EC–1549. A communication from the Direc- Today we remember the life and leg- CFR Part 279) received in the Office of the tor of the Regulatory Management Division, acy of Mr. Dunwell and aim to follow President of the Senate on May 8, 2017; to the Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- in his ever fervent footsteps.∑ Committee on Banking, Housing, and Urban Affairs. titled ‘‘Approval and Promulgation of Imple- f EC–1542. A communication from the Comp- mentation Plans; ; Revisions to troller of the Currency, Department of the Minor New Source Review Permitting Pro- MESSAGES FROM THE PRESIDENT Treasury, transmitting, pursuant to law, the gram’’ (FRL No. 9960–67–Region 6) received Messages from the President of the Office of the Comptroller’s 2016 Annual Re- during adjournment of the Senate in the Of- United States were communicated to port to Congress; to the Committee on Bank- fice of the President of the Senate on May 5, 2017; to the Committee on Environment and the Senate by Ms. Ridgway, one of his ing, Housing, and Urban Affairs. EC–1543. A communication from the Presi- Public Works. secretaries. dent of the United States, transmitting, pur- EC–1550. A communication from the Direc- f suant to law, a report relative to the des- tor of the Regulatory Management Division, ignation as an emergency requirement all Environmental Protection Agency, transmit- EXECUTIVE MESSAGES REFERRED funding (including the rescission of funds) so ting, pursuant to law, the report of a rule en- designated by the Congress in the Consoli- titled ‘‘Approval and Promulgation of Imple- In executive session the Presiding Of- mentation Plans; Alaska: Infrastructure Re- dated Appropriations Act, 2017, pursuant to ficer laid before the Senate messages quirements for the 2010 Nitrogen Dioxide and section 251 (b) (2) (A) of the Balanced Budget from the President of the United 2010 Sulfur Dioxide Standards’’ (FRL No. and Emergency Deficit Control Act of 1985, 9961–93–Region 10) received during adjourn- States submitting sundry nominations as amended, for the enclosed list of accounts; which were referred to the appropriate ment of the Senate in the Office of the Presi- to the Committee on the Budget. dent of the Senate on May 5, 2017; to the committees. EC–1544. A communication from the Presi- Committee on Environment and Public dent of the United States, transmitting, pur- (The messages received today are Works. printed at the end of the Senate pro- suant to law, a report relative to the des- EC–1551. A communication from the Direc- ceedings.) ignation for Overseas Contingency Oper- tor of the Regulatory Management Division, ations/Global War on Terrorism all funding f Environmental Protection Agency, transmit- (including the rescission of funds) and con- ting, pursuant to law, the report of a rule en- EXECUTIVE AND OTHER tributions from foreign governments so des- titled ‘‘Approval and Promulgation of Air COMMUNICATIONS ignated by the Congress in the Consolidated Quality Implementation Plans; West Vir- Appropriations Act, 2017, pursuant to section ginia; Infrastructure Requirements for the The following communications were 251 (b) (2) (A) of the Balanced Budget and 2012 Fine Particulate Standard’’ (FRL No. laid before the Senate, together with Emergency Deficit Control Act of 1985, as 9961–87–Region 3) received during adjourn- accompanying papers, reports, and doc- amended, for the enclosed list of accounts; to ment of the Senate in the Office of the Presi- uments, and were referred as indicated: the Committee on the Budget. dent of the Senate on May 5, 2017; to the EC–1545. A communication from the Direc- Committee on Environment and Public EC–1535. A communication from the Direc- tor of the Regulatory Management Division, Works. tor, National Institute of Food and Agri- Environmental Protection Agency, transmit- EC–1552. A communication from the Direc- culture, Department of Agriculture, trans- ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, mitting, pursuant to law, the report of a rule titled ‘‘Approval and Promulgation of Imple- Environmental Protection Agency, transmit- entitled ‘‘Hispanic-Serving Agricultural Col- mentation Plans; Texas; Clean Air Act Re- ting, pursuant to law, the report of a rule en- leges and Universities (HSACU)’’ (RIN0524– quirements for Vehicle Inspection and Main- titled ‘‘Approval and Promulgation of Air AA39) received in the Office of the President tenance, Nonattainment New Source Review Quality Implementation Plans; Virginia; Re- of the Senate on May 4, 2017; to the Com- and Emission Statements’’ (FRL No. 9960–15– moval of Stage II Gasoline Vapor Recovery mittee on Agriculture, Nutrition, and For- Region 6) received during adjournment of the Requirements for Gasoline Dispensing Fa- estry. Senate in the Office of the President of the cilities’’ (FRL No. 9961–86–Region 3) received EC–1536. A communication from the Sec- Senate on May 5, 2017; to the Committee on during adjournment of the Senate in the Of- retary of Defense, transmitting a report on Environment and Public Works. fice of the President of the Senate on May 5, the approved retirement of Lieutenant Gen- EC–1546. A communication from the Direc- 2017; to the Committee on Environment and eral Stephen R. Lanza, , tor of the Regulatory Management Division, Public Works. and his advancement to the grade of lieuten- Environmental Protection Agency, transmit- EC–1553. A communication from the Direc- ant general on the retired list; to the Com- ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, mittee on Armed Services. titled ‘‘Determinations of Attainment by the Environmental Protection Agency, transmit- EC–1537. A communication from the Sec- Attainment Date, Determinations of Failure ting, pursuant to law, the report of a rule en- retary of the Treasury, transmitting, pursu- to Attain by the Attainment Date and Re- titled ‘‘Approval and Promulgation of Air ant to law, a six-month periodic report on classification for Certain Nonattainment Quality Implementation Plans; Maryland; the national emergency declared in Execu- Areas for the 2006 24-Hour Fine Particulate Revisions and Amendments to Regulations tive Order 12978 of October 21, 1995, with re- Matter National Ambient Air Quality Stand- for Continuous Opacity Monitoring, Contin- uous Emissions Monitoring, and Quality As- spect to significant narcotics traffickers cen- ards’’ (FRL No. 9962–25–OAR) received during surance Requirements for Continuous Opac- tered in Colombia; to the Committee on adjournment of the Senate in the Office of ity Monitors; Correction’’ (FRL No. 9961–38– Banking, Housing, and Urban Affairs. the President of the Senate on May 5, 2017; to Region 3) received during adjournment of the EC–1538. A communication from the Sec- the Committee on Environment and Public retary of the Treasury, transmitting, pursu- Senate in the Office of the President of the Works. Senate on May 5, 2017; to the Committee on ant to law, a six-month periodic report on EC–1547. A communication from the Direc- the national emergency that was declared in Environment and Public Works. tor of the Regulatory Management Division, EC–1554. A communication from the Direc- Executive Order 13067 of November 3, 1997, Environmental Protection Agency, transmit- tor of the Regulatory Management Division, with respect to Sudan; to the Committee on ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- Banking, Housing, and Urban Affairs. titled ‘‘Delegation of New Source Perform- ting, pursuant to law, the report of a rule en- EC–1539. A communication from the Assist- ance Standards and National Emission titled ‘‘Air Quality Plans; Tennessee; Infra- ant to the Board of Governors of the Federal Standards for Hazardous Air Pollutants for structure Requirements for the 2012 PM2.5 Reserve System, transmitting, pursuant to the States of Arizona and Nevada’’ (FRL No. National Ambient Air Quality Standard’’ law, the report of a rule entitled ‘‘Federal 9961–79–Region 9) received during adjourn- (FRL No. 9961–89–Region 4) received during Reserve Bank Capital Stock’’ (RIN7100–AE68) ment of the Senate in the Office of the Presi- adjournment of the Senate in the Office of received in the Office of the President of the dent of the Senate on May 5, 2017; to the the President of the Senate on May 5, 2017; to Senate on May 8, 2017; to the Committee on Committee on Environment and Public the Committee on Environment and Public Banking, Housing, and Urban Affairs. Works. Works. EC–1540. A communication from the Assist- EC–1548. A communication from the Direc- EC–1555. A communication from the Direc- ant to the Board of Governors of the Federal tor of the Regulatory Management Division, tor of the Regulatory Management Division, Reserve System, transmitting, pursuant to Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- law, the report of a rule entitled ‘‘Federal ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- Reserve Bank Capital Stock’’ (RIN7100–AE47) titled ‘‘Approval and Promulgation of Imple- titled ‘‘Air Plan Approval; North Carolina

VerDate Sep 11 2014 02:23 May 11, 2017 Jkt 069060 PO 00000 Frm 00030 Fmt 0637 Sfmt 0634 E:\CR\FM\G10MY6.041 S10MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 10, 2017 CONGRESSIONAL RECORD — SENATE S2881 Repeal of Transportation Facilities Rules’’ Committee on Homeland Security and Gov- INTRODUCTION OF BILLS AND (FRL No. 9961–74–Region 4) received during ernmental Affairs. JOINT RESOLUTIONS adjournment of the Senate in the Office of EC–1564. A communication from the Execu- the President of the Senate on May 5, 2017; to tive Director, Interstate Commission on the The following bills and joint resolu- the Committee on Environment and Public Potomac River Basin, transmitting, pursu- tions were introduced, read the first Works. ant to law, the Commission’s Seventy-Sixth and second times by unanimous con- EC–1556. A communication from the Direc- Financial Statement for the period of Octo- sent, and referred as indicated: tor of the Regulatory Management Division, ber 1, 2015 through September 30, 2016; to the By Mr. SANDERS (for himself, Mrs. Environmental Protection Agency, transmit- Committee on Homeland Security and Gov- GILLIBRAND, Mr. LEAHY, Mr. BROWN, ting, pursuant to law, the report of a rule en- ernmental Affairs. Ms. HASSAN, and Ms. WARREN): titled ‘‘Air Plan Approval; NH; Nonattain- EC–1565. A communication from the Assist- S. 1081. A bill to establish an Employee ment New Source Review and Prevention of ant Administrator of the Office of Diversion Ownership and Participation Initiative, and Significant Deterioration Permit Program Control, Drug Enforcement Agency, Depart- for other purposes; to the Committee on Revisions; Public Hearing Revisions for ment of Justice, transmitting, pursuant to Health, Education, Labor, and Pensions. State Permitting Programs; Withdrawal of law, the report of a rule entitled ‘‘Control of By Mr. SANDERS (for himself, Mrs. Permit Fee Program; Infrastructure Provi- Ergocristine, a Chemical Precursor Used in the Illicit Manufacture of Lysergic Acid GILLIBRAND, Mr. LEAHY, and Ms. HAS- sions for National Ambient Air Quality Diethylamide, as a List I Chemical’’ SAN): Standards’’ (FRL No. 9962–01–Region 1) re- ((RIN1117–AB24) (Docket No. DEA–320F)) re- S. 1082. A bill to provide for the establish- ceived during adjournment of the Senate in ceived in the Office of the President of the ment of the United States Employee Owner- the Office of the President of the Senate on Senate on May 8, 2017; to the Committee on ship Bank, and for other purposes; to the May 5, 2017; to the Committee on Environ- the Judiciary. Committee on Banking, Housing, and Urban ment and Public Works. EC–1566. A communication from the Man- Affairs. EC–1557. A communication from the Direc- agement and Program Analyst, Federal By Mr. JOHNSON (for himself, Mrs. tor of the Regulatory Management Division, Aviation Administration, Department of MCCASKILL, and Mr. GRASSLEY): Environmental Protection Agency, transmit- Transportation, transmitting, pursuant to S. 1083. A bill to amend section 1214 of title ting, pursuant to law, the report of a rule en- law, the report of a rule entitled ‘‘Amend- 5, United States Code, to provide for stays titled ‘‘Air Plan Approval; Indiana; Commis- ment of Restricted Areas R–4102A and R– during a period that the Merit Systems Pro- sioner’s Order for SABIC Innovative Plas- 4102B; Fort Devens, MA’’ ((RIN2120–AA66) tection Board lacks a quorum; to the Com- tics’’ (FRL No. 9962–11–Region 5) received (Docket No. FAA–2017–0307)) received in the mittee on Homeland Security and Govern- during adjournment of the Senate in the Of- Office of the President of the Senate on May mental Affairs. fice of the President of the Senate on May 5, 3, 2017; to the Committee on Commerce, By Mr. TOOMEY (for himself, Mr. 2017; to the Committee on Environment and Science, and Transportation. MANCHIN, and Mr. LANKFORD): Public Works. EC–1567. A communication from the Man- S. 1084. A bill to amend title 18, United EC–1558. A communication from the Direc- agement and Program Analyst, Federal States Code, to require that the Director of tor of the Regulatory Management Division, Aviation Administration, Department of the Bureau of Prisons ensure that each chief Environmental Protection Agency, transmit- Transportation, transmitting, pursuant to executive officer of a Federal penal or cor- ting, pursuant to law, the report of a rule en- law, the report of a rule entitled ‘‘Establish- rectional institution provides a secure stor- titled ‘‘Air Plan Approval; Indiana; Commis- ment, Modification and Revocation of Air sioner’s Order for Carmeuse Lime, Inc.’’ Traffic Service (ATS) Routes; Western age area located outside of the secure perim- (FRL No. 9962–09–Region 5) received during United States’’ ((RIN2120–AA66) (Docket No. eter of the Federal penal or correctional in- adjournment of the Senate in the Office of FAA–2016–9264)) received in the Office of the stitution for firearms carried by certain em- the President of the Senate on May 5, 2017; to President of the Senate on May 3, 2017; to the ployees of the Bureau of Prisons, and for the Committee on Environment and Public Committee on Commerce, Science, and other purposes; to the Committee on the Ju- Works. Transportation. diciary. EC–1559. A communication from the Direc- EC–1568. A communication from the Man- By Mr. TOOMEY (for himself, Mr. tor of the Regulatory Management Division, agement and Program Analyst, Federal BLUNT, Mrs. CAPITO, Mr. CORNYN, Mr. Environmental Protection Agency, transmit- Aviation Administration, Department of COTTON, Mr. CRUZ, Mrs. FISCHER, Mr. ting, pursuant to law, the report of a rule en- Transportation, transmitting, pursuant to HOEVEN, Mr. JOHNSON, Mr. KENNEDY, titled ‘‘Air Plan Approval; ID, Updates to law, the report of a rule entitled ‘‘Establish- Mr. LANKFORD, Mr. LEE, Mr. MCCAIN, Incorporations by Reference’’ (FRL No. 9960– ment of Restricted Area R–2507W; Chocolate Mr. MORAN, Mr. PERDUE, Mr. 43–Region 10) received during adjournment of Mountains, CA’’ ((RIN2120–AA66) (Docket No. PORTMAN, Mr. RISCH, Mr. TILLIS, and the Senate in the Office of the President of FAA–2015–2193)) received in the Office of the Mr. SULLIVAN): the Senate on May 5, 2017; to the Committee President of the Senate on May 3, 2017; to the S. 1085. A bill to amend title 18, United on Environment and Public Works. Committee on Commerce, Science, and States Code, to provide enhanced penalties EC–1560. A communication from the Direc- Transportation. for convicted murderers who kill or target tor of the Regulatory Management Division, EC–1569. A communication from the Assist- America’s public safety officers; to the Com- Environmental Protection Agency, transmit- ant Chief Counsel for Regulatory Affairs, mittee on the Judiciary. ting, pursuant to law, the report of a rule en- Pipeline and Hazardous Materials Safety Ad- By Mr. HATCH: titled ‘‘Air Plan Approval; Georgia: Heavy ministration, Department of Transportation, S. 1086. A bill to amend title 10, United Duty Diesel Requirements’’ (FRL No. 9961– transmitting, pursuant to law, the report of States Code, to remove the prohibition on 44–Region 4) received during adjournment of a rule entitled ‘‘Hazardous Materials: Revi- eligibility for TRICARE Reserve Select of the Senate in the Office of the President of sion of Maximum and Minimum Civil Pen- members of the reserve components of the the Senate on May 5, 2017; to the Committee alties’’ (RIN2137–AF23) received in the Office Armed Forces who are eligible to enroll in a on Environment and Public Works. of the President of the Senate on May 3, 2017; health benefits plan under chapter 89 of title EC–1561. A communication from the Direc- to the Committee on Commerce, Science, 5, United States Code; to the Committee on tor of Regulations and Policy Management and Transportation. Armed Services. Staff, Food and Drug Administration, De- EC–1570. A communication from the Assist- By Mr. TOOMEY (for himself and Mr. partment of Health and Human Services, ant Chief Counsel for Regulatory Affairs, BLUNT): transmitting, pursuant to law, the report of Pipeline and Hazardous Materials Safety Ad- S. 1087. A bill to ensure America’s law en- ministration, Department of Transportation, a rule entitled ‘‘Indirect Food Additives: forcement officers have access to lifesaving transmitting, pursuant to law, the report of Polymers’’ (Docket No. FDA–2016–F–1805) re- equipment needed to defend themselves and a rule entitled ‘‘Pipeline Safety: Inflation ceived in the Office of the President of the civilians from attacks by terrorists and vio- Adjustment of Maximum Civil Penalties’’ Senate on May 8, 2017; to the Committee on lent criminals; to the Committee on Home- (RIN2137–AF16) received in the Office of the Health, Education, Labor, and Pensions. land Security and Governmental Affairs. President of the Senate on May 3, 2017; to the EC–1562. A communication from the Acting By Mrs. MCCASKILL (for herself and Committee on Commerce, Science, and Chairman of the Securities and Exchange Mr. LANKFORD): Transportation. Commission, transmitting, pursuant to law, S. 1088. A bill to require the collection of the Semiannual Report of the Inspector Gen- f voluntary feedback on services provided by eral and a Management Report for the period REPORTS OF COMMITTEES agencies, and for other purposes; to the Com- from October 1, 2016 through March 31, 2017; mittee on Homeland Security and Govern- to the Committee on Homeland Security and The following reports of committees mental Affairs. Governmental Affairs. were submitted: By Mr. PORTMAN (for himself and EC–1563. A communication from the Execu- By Ms. MURKOWSKI, from the Committee Mrs. SHAHEEN): tive Director, Interstate Commission on the on Energy and Natural Resources, without S. 1089. A bill to require the Secretary of Potomac River Basin, transmitting, pursu- amendment: Energy to review and update a report on the ant to law, the Commission’s Seventy-Fifth S. 385. A bill to promote energy savings in energy and environmental benefits of the re- Financial Statement for the period of Octo- residential buildings and industry, and for refining of used lubricating oil; to the Com- ber 1, 2015 through September 30, 2016; to the other purposes (Rept. No. 115–60). mittee on Energy and Natural Resources.

VerDate Sep 11 2014 02:23 May 11, 2017 Jkt 069060 PO 00000 Frm 00031 Fmt 0637 Sfmt 0634 E:\CR\FM\A10MY6.005 S10MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S2882 CONGRESSIONAL RECORD — SENATE May 10, 2017 By Mr. CRAPO (for himself, Mr. BEN- LEE) was added as a cosponsor of S. 378, S. 569 NET, Mr. RISCH, Mr. GARDNER, and a bill to amend titles 5 and 28, United At the request of Ms. CANTWELL, the Mr. ENZI): States Code, to require the mainte- name of the Senator from Maryland S. 1090. A bill to amend the Internal Rev- (Mr. VAN HOLLEN) was added as a co- enue Code of 1986 to facilitate water leasing nance of databases on awards of fees and water transfers to promote conservation and other expenses to prevailing par- sponsor of S. 569, a bill to amend title and efficiency; to the Committee on Finance. ties in certain administrative pro- 54, United States Code, to provide con- By Ms. COLLINS (for herself and Mr. ceedings and court cases to which the sistent and reliable authority for, and CASEY): United States is a party, and for other for the funding of, the Land and Water S. 1091. A bill to establish a Federal Task purposes. Conservation Fund to maximize the ef- Force to Support Grandparents Raising S. 407 fectiveness of the Fund for future gen- Grandchildren; to the Committee on Health, erations, and for other purposes. Education, Labor, and Pensions. At the request of Mr. CRAPO, the By Mr. ENZI (for himself, Mr. WYDEN, names of the Senator from Oregon (Mr. S. 573 Mr. DAINES, Mr. HEINRICH, Mr. RISCH, MERKLEY) and the Senator from Colo- At the request of Mr. PETERS, the and Mr. MANCHIN): rado (Mr. BENNET) were added as co- name of the Senator from Louisiana S. 1092. A bill to protect the right of law- sponsors of S. 407, a bill to amend the (Mr. KENNEDY) was added as a cospon- abiding citizens to transport knives inter- Internal Revenue Code of 1986 to per- sor of S. 573, a bill to establish the Na- state, notwithstanding a patchwork of local manently extend the railroad track tional Criminal Justice Commission. and State prohibitions; to the Committee on Commerce, Science, and Transportation. maintenance credit. S. 583 By Mr. FRANKEN (for himself and Mr. S. 423 At the request of Ms. KLOBUCHAR, the ENZI): At the request of Mr. TESTER, the names of the Senator from Illinois (Mr. S. 1093. A bill to amend the Federal Food, name of the Senator from Connecticut DURBIN) and the Senator from Hawaii Drug, and Cosmetic Act to improve pediatric (Mr. MURPHY) was added as a cosponsor (Ms. HIRONO) were added as cosponsors medical device application procedures; to the of S. 423, a bill to amend title 38, of S. 583, a bill to amend the Omnibus Committee on Health, Education, Labor, and United States Code, to increase the Pensions. Crime Control and Safe Streets Act of maximum age for children eligible for 1968 to authorize COPS grantees to use f medical care under the CHAMPVA pro- grant funds to hire veterans as career SUBMISSION OF CONCURRENT AND gram, and for other purposes. law enforcement officers, and for other SENATE RESOLUTIONS S. 428 purposes. The following concurrent resolutions At the request of Mr. GRASSLEY, the S. 654 and Senate resolutions were read, and name of the Senator from Mississippi At the request of Mr. TOOMEY, the referred (or acted upon), as indicated: (Mr. COCHRAN) was added as a cospon- name of the Senator from North Caro- By Mr. DONNELLY (for himself, Mr. sor of S. 428, a bill to amend titles XIX lina (Mr. BURR) was added as a cospon- PORTMAN, Mr. BROWN, Mr. NELSON, and XXI of the Social Security Act to sor of S. 654, a bill to revise section 48 Ms. WARREN, Mr. REED, Mrs. SHA- authorize States to provide coordi- of title 18, United States Code, and for HEEN, and Mr. PETERS): nated care to children with complex other purposes. S. Res. 161. A resolution expressing the medical conditions through enhanced S. 670 sense of the Senate that defense laboratories pediatric health homes, and for other At the request of Ms. WARREN, the are on the cutting-edge of scientific and purposes. technological advancement, and supporting name of the Senator from Maine (Ms. S. 431 the designation of May 18, 2017, as ‘‘Depart- COLLINS) was added as a cosponsor of S. ment of Defense Laboratory Day’’; to the At the request of Mr. THUNE, the 670, a bill to provide for the regulation Committee on Armed Services. name of the Senator from of over-the-counter hearing aids. (Ms. BALDWIN) was added as a cospon- f S. 704 sor of S. 431, a bill to amend title XVIII At the request of Mr. CORNYN, the ADDITIONAL COSPONSORS of the Social Security Act to expand name of the Senator from Massachu- S. 139 the use of telehealth for individuals setts (Ms. WARREN) was added as a co- At the request of Mr. HATCH, the with stroke. sponsor of S. 704, a bill to provide that name of the Senator from Illinois (Mr. S. 459 members of the Armed Forces per- DURBIN) was added as a cosponsor of S. At the request of Mr. RUBIO, the forming services in the Sinai Peninsula 139, a bill to implement the use of name of the Senator from New Hamp- of Egypt shall be entitled to tax bene- Rapid DNA instruments to inform deci- shire (Mrs. SHAHEEN) was added as a co- fits in the same manner as if such serv- sions about pretrial release or deten- sponsor of S. 459, a bill to designate the ices were performed in a combat zone. tion and their conditions, to solve and area between the intersections of Wis- prevent violent crimes and other consin Avenue, Northwest and Davis S. 721 crimes, to exonerate the innocent, to Street, Northwest and Wisconsin Ave- At the request of Mr. UDALL, the prevent DNA analysis backlogs, and for nue, Northwest and Edmunds Street, name of the Senator from Oregon (Mr. other purposes. Northwest in Washington, District of WYDEN) was added as a cosponsor of S. S. 203 Columbia, as ‘‘Boris Nemtsov Plaza’’, 721, a bill to require the disclosure of At the request of Mr. BURR, the name and for other purposes. certain visitor access records. of the Senator from Wisconsin (Ms. S. 509 S. 772 BALDWIN) was added as a cosponsor of At the request of Mr. BARRASSO, the At the request of Mr. MCCAIN, the S. 203, a bill to reaffirm that the Envi- name of the Senator from Utah (Mr. names of the Senator from New Mexico ronmental Protection Agency may not LEE) was added as a cosponsor of S. 509, (Mr. UDALL) and the Senator from regulate vehicles used solely for com- a bill to improve the control and man- Montana (Mr. DAINES) were added as petition, and for other purposes. agement of invasive species that cosponsors of S. 772, a bill to amend the S. 322 threaten and harm Federal land under PROTECT Act to make Indian tribes At the request of Mr. PETERS, the the jurisdiction of the Secretary of Ag- eligible for AMBER Alert grants. name of the Senator from Pennsyl- riculture and the Secretary of the Inte- S. 808 vania (Mr. CASEY) was added as a co- rior, and for other purposes. At the request of Mr. THUNE, the sponsor of S. 322, a bill to protect vic- S. 563 name of the Senator from Kansas (Mr. tims of domestic violence, sexual as- At the request of Mr. HELLER, the ROBERTS) was added as a cosponsor of sault, stalking, and dating violence name of the Senator from Iowa (Mrs. S. 808, a bill to provide protections for from emotional and psychological ERNST) was added as a cosponsor of S. certain sports medicine professionals trauma caused by acts of violence or 563, a bill to amend the Flood Disaster who provide certain medical services in threats of violence against their pets. Protection Act of 1973 to require that a secondary State. S. 378 certain buildings and personal property S. 939 At the request of Mr. BARRASSO, the be covered by flood insurance, and for At the request of Mr. CRUZ, the name name of the Senator from Utah (Mr. other purposes. of the Senator from Georgia (Mr.

VerDate Sep 11 2014 02:23 May 11, 2017 Jkt 069060 PO 00000 Frm 00032 Fmt 0637 Sfmt 0634 E:\CR\FM\A10MY6.008 S10MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 10, 2017 CONGRESSIONAL RECORD — SENATE S2883 PERDUE) was added as a cosponsor of S. sponsors of S. Res. 155, a resolution ex- research and development centers that are 939, a bill to reserve any amounts for- pressing the sense of the Senate that owned by the United States Armed Forces feited to the United States Govern- the United States should work in co- and funded by the Department of Defense ment as a result of the criminal pros- operation with the international com- (referred to in this resolution as the ‘‘defense laboratories’’); ecution of Joaquin Archivaldo Guzman munity and continue to exercise global (2) recognizes that a key to maintaining Loera (commonly known as ‘‘El leadership to address the causes and ef- United States Armed Forces superiority, in- Chapo’’), or of other felony convictions fects of climate change, and for other novation, and competitiveness in a global involving the transportation of con- purposes. economy is to continue to support federally sponsored research and development; trolled substances into the United f States, for security measures along the (3) acknowledges that the knowledge base, Southern border, including the comple- SUBMITTED RESOLUTIONS technologies, and techniques generated in tion of a border wall. the national network of defense laboratories serve as a foundation for additional efforts S. 954 SENATE RESOLUTION 161—EX- relating to the Armed Forces in the defense At the request of Mrs. MURRAY, the industrial base; PRESSING THE SENSE OF THE name of the Senator from New Jersey (4) commits to find ways to increase in- SENATE THAT DEFENSE LAB- (Mr. MENENDEZ) was added as a cospon- vestment in the national network of defense ORATORIES ARE ON THE CUT- sor of S. 954, a bill to prevent harass- laboratories in order to increase support of TING-EDGE OF SCIENTIFIC AND federally sponsored research and develop- ment at institutions of higher edu- TECHNOLOGICAL ADVANCEMENT, ment critical to the national security inter- cation, and for other purposes. AND SUPPORTING THE DESIGNA- ests of the United States; S. 980 TION OF MAY 18, 2017, AS ‘‘DE- (5) encourages defense laboratories, Fed- At the request of Mrs. CAPITO, the PARTMENT OF DEFENSE LAB- eral agencies, and Congress to hold an out- reach event on May 18, 2017, ‘‘Department of name of the Senator from Minnesota ORATORY DAY’’ (Ms. KLOBUCHAR) was added as a co- Defense Laboratory Day’’, to make the pub- sponsor of S. 980, a bill to amend title Mr. DONNELLY (for himself, Mr. lic more aware of the work of the national network of defense laboratories; and XVIII of the Social Security Act to PORTMAN, Mr. BROWN, Mr. NELSON, Ms. WARREN, Mr. REED, Mrs. SHAHEEN, and (6) recognizes the outstanding dedication, provide for payments for certain rural qualifications, service, and accomplishments Mr. PETERS) submitted the following health clinic and Federally qualified of the scientists, technicians, and support health center services furnished to hos- resolution; which was referred to the staff of the defense laboratories. Committee on Armed Services: pice patients under the pro- f gram. S. RES. 161 ORDERS FOR THURSDAY, MAY 11, S. 1018 Whereas the national network of labora- tories and engineering centers that are 2017 At the request of Mr. CARDIN, the owned by the United States Armed Forces name of the Senator from Colorado Mr. MCCONNELL. Mr. President, I and funded by the Federal Government and ask unanimous consent that when the (Mr. GARDNER) was added as a cospon- research and development centers that are sor of S. 1018, a bill to provide humani- Senate completes its business today, it owned by the United States Armed Forces adjourn until 10 a.m. on Thursday, May tarian assistance for the Venezuelan and funded by the Department of Defense people, to defend democratic govern- (referred to in this preamble as the ‘‘defense 11; further, that following the prayer ance and combat widespread public laboratories’’) should be commended for the and pledge, the morning hour be corruption in Venezuela, and for other unique role that network has had in count- deemed expired, the Journal of pro- purposes. less innovations and advances in the areas of ceedings be approved to date, the time defense and national security; for the two leaders be reserved for their S. 1034 Whereas technological progress is respon- use later in the day, and morning busi- At the request of Mrs. FEINSTEIN, the sible for up to 50 percent of the growth of the ness be closed; further, that following name of the Senator from New Mexico United States economy and is the principal leader remarks, the Senate proceed to (Mr. UDALL) was added as a cosponsor driving force behind long-term economic growth and increases in the standard of liv- executive session to resume consider- of S. 1034, a bill to improve agricultural ation of the Lighthizer nomination, job opportunities, benefits, and secu- ing in the United States; Whereas research and development sup- with the time until the cloture vote rity for aliens in the United States, ported by the Department of Defense has led equally divided in the usual form. and for other purposes. to new products and processes for state-of- The PRESIDING OFFICER. Without S. CON. RES. 12 the-art Armed Forces weapons and tech- objection, it is so ordered. nology; At the request of Mr. GRASSLEY, the f name of the Senator from Louisiana Whereas defense laboratories frequently partner with State and local governments ORDER FOR ADJOURNMENT (Mr. KENNEDY) was added as a cospon- and regional organizations to transfer tech- Mr. MCCONNELL. Mr. President, if sor of S. Con. Res. 12, a concurrent res- nology to the private sector; olution expressing the sense of Con- Whereas defense laboratories have earned there is no further business to come be- gress that those who served in the prestigious national and international fore the Senate, I ask unanimous con- bays, harbors, and territorial seas of awards for research and technology transfer sent that it stand adjourned under the the Republic of Vietnam during the pe- efforts and lead the way in cutting-edge previous order, following the remarks riod beginning on January 9, 1962, and science and technology; of Senator WHITEHOUSE and Senator ending on May 7, 1975, should be pre- Whereas the innovations that are produced TILLIS. sumed to have served in the Republic at defense laboratories fuel economic growth The PRESIDING OFFICER. Without by creating new industries, companies, and of Vietnam for all purposes under the objection, it is so ordered. jobs; The Senator from North Carolina. Agent Orange Act of 1991. Whereas, since the global leadership and S. RES. 109 national security of the United States is de- f At the request of Mr. PAUL, the name pendent on innovation and new industries, ALZHEIMER’S DISEASE the work of the national network of defense of the Senator from Texas (Mr. CRUZ) Mr. TILLIS. Mr. President, I rise to was added as a cosponsor of S. Res. 109, laboratories is essential to the continued prosperity of the United States; and discuss the new FDA Commissioner, or, a resolution encouraging the Govern- Whereas May 18, 2017, is an appropriate day more specifically, the role that the ment of Pakistan to release Aasiya No- to designate as ‘‘Department of Defense Lab- agency must play in tackling one of reen, internationally known as Asia oratory Day’’: Now, therefore, be it the biggest health crises of our day, Bibi, and reform its religiously intoler- Resolved, That the Senate— one that I have personal experience ant laws regarding blasphemy. (1) supports the designation of the ‘‘De- with. Unless we act decisively, this cri- partment of Defense Laboratory Day’’ in S. RES. 155 celebration of all of the work and accom- sis will only grow in terms of the stag- At the request of Mr. CARDIN, the plishments of the national network of lab- gering human and economic costs in names of the Senator from California oratories and engineering centers that are the future. (Ms. HARRIS) and the Senator from Ha- owned by the United States Armed Forces That crisis is the Alzheimer’s epi- waii (Ms. HIRONO) were added as co- and funded by the Federal Government and demic in this Nation. The reason I am

VerDate Sep 11 2014 02:23 May 11, 2017 Jkt 069060 PO 00000 Frm 00033 Fmt 0637 Sfmt 0634 E:\CR\FM\A10MY6.010 S10MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S2884 CONGRESSIONAL RECORD — SENATE May 10, 2017 talking about Alzheimer’s is it is truly The FDA cannot do this alone. This Ice sheets, it turns out, and glaciers, a terrible condition that affects pa- is an all-hands-on-deck kind of battle, are melting faster than expected, rais- tients, their families, and communities but FDA will play a critical role in ing the so-called extreme scenario for across the Nation. I learned firsthand tackling this vital public health pri- average global sea level rise in this about Alzheimer’s disease when my ority. I was pleased to vote for Dr. century, the ‘‘we do nothing on climate mother was robbed of many of her Gottlieb’s confirmation yesterday. I change scenario,’’ by around 20 inches. Golden Years at a relatively early age, look forward to working with him to When NOAA and its partners applied in her seventies. ensure that we are doing everything we these findings to America’s coasts, tak- Currently, more than 5 million Amer- can to defeat Alzheimer’s. For those of ing into account things like regional icans are living with Alzheimer’s, in- us who have been and will continue to variations in ocean circulation, in cluding an estimated 160,000 in my own be Alzheimer’s caretakers, I hope we gravitational pull, and in landside con- State of North Carolina. Estimates will see a cure in our lifetime. Those ditions like erosion, settling, and de- project the number of Alzheimer’s pa- who are afflicted by the disease deserve pletion of groundwater, the news was tients to grow to 16 million by 2050, it. It is a fiscal crisis we can avert. particularly harsh for the northeast with an annual cost of more than $1 With the right focus by the FDA and Atlantic coast—from Virginia through trillion to the healthcare system. this Congress, I am absolutely con- Maine, including Rhode Island. Alzheimer’s disease is the sixth lead- vinced this is a disease we can take the Our Rhode Island Coastal Resources ing cause of death in the United States. war to and win the war in our lifetime Management Council is now telling us It is a current and growing problem. It in the near future. that for planning purposes we need to is the only top 10 disease for causes of I encourage the FDA and all of my face the possibility of 9 to 12 vertical death that cannot be prevented. It Members to stand in battling this ter- feet of sea level rise along our shores can’t be cured. We can’t even slow the rible disease so we can end it once and by the end of the century. A little girl pace of the disease. Simply put, we for all. born today at Rhode Island’s Women need a war on Alzheimer’s disease like I yield the floor. and Infants Hospital will likely actu- we have on cancer. The PRESIDING OFFICER. The Sen- arially live to see all of these changes. As a country, we must take the fight ator from Rhode Island. That invasion of our shores by the ris- to this awful disease. This should be f ing oceans will leave Rhode Island’s one of our highest priorities, to support map unrecognizable. the discovery and development of new CLIMATE CHANGE Mr. WHITEHOUSE. Mr. President, it Early explorers to Rhode Island medicines for the millions of patients found our coastline looking much like who currently have Alzheimer’s and is perhaps a providential happenstance that I should be giving this particular it does today. Before the 1600s, it had the millions more who may develop it looked much the same for many cen- in the future. We need medicines to speech while the Senator from Lou- turies before that to the Narragansetts slow the progression of the disease. We isiana is presiding because we are both and the Wampanoags who lived here. In need medicines to reverse its affects. from coastal States. I am sure he will the 19th century, the Industrial Revo- We need medicines to cure Alzheimer’s find things that are familiar in my lution, which began in America in disease. One day, we need medicines to Rhode Island remarks, particularly Rhode Island, brought our Nation great prevent it in the first place. given that his Governor has declared That is where the FDA comes in. The the Louisiana coast a state of emer- wealth, but it also created manmade new Commissioner must make Alz- gency due to sea level rise. pollution which began changing our heimer’s an urgent priority. Obviously, As the Presiding Officer knows, one climate. the science of developing new medi- place where the effects of climate Climate change causes sea levels to cines and technologies is complicated change are most evident is in our rise. As oceans warm, they expand. As under any circumstances. Those chal- oceans and along our coasts. Rhode Is- the world warms, ice sheets melt and lenges are only compounded by the fact land is the Ocean State, and we have pour water into the oceans. We meas- that we still do not fully understand almost 400 miles of beautiful coastline. ure these things happening. This is not the disease, its causes, or how to stop Everyone in Rhode Island lives less a guess or a projection. it, but the FDA does hard things and than a half hour from the shore. We Rhode Island’s Coastal Resources they often do them very well. count on a healthy ocean and vibrant Management Council has developed The new Commissioner must ask coast. Our ocean economy, including STORMTOOLS, which is an online sim- tough questions of the agency: Are fishing, tourism, and shipbuilding, ulation that models sea level rise and they doing everything they possibly amounts to nearly $2.5 billion every storm surge so we can see ahead what can to encourage the development of year—perhaps not what Louisiana’s is coming at us. Once again, science safe and effective new drugs for Alz- coastal economy is but pretty good for gives us the headlights to look forward heimer’s? Are they using all the tools our small State. and see what is coming at us. This is at their disposal and using them flexi- It employs over 42,000 Rhode Island- what Rhode Island can expect. bly to advance this goal? Do they have ers. Warming, acidifying, and rising Here is the high water scenario. This the right policies to be facilitators of oceans are a clear and present danger is the upper part of Narragansett Bay and not barriers to important efforts to to many aspects of our Rhode Island in Rhode Island, including Providence, innovate in this space? way of life. Sea level rise now threat- up here, Warwick, and Warwick Neck I recently visited with Dr. Gottlieb in ens to remake our Rhode Island coast, and Greenwich Bay over here to the my office and was pleased to hear the swallowing low-lying land, widening west. Bristol and Warren here, with battle against Alzheimer’s is a mission- existing inlets, eroding beaches, and Mount Hope Bay to the east. critical item for him. I assume that stranding higher shorefronts as new is- This graphic shows the same image pervades the FDA. I want to be clear. I lands. overlaying that previous scenario with do not know the answers to the ques- For my 166th ‘‘Time to Wake Up’’ the scenario that Rhode Island’s CRMC tions related to FDA’s specific regu- speech, I want to show the Senate what now predicts for our State. This bright latory policies related to Alzheimer’s. this new island chain, the new Rhode blue color depicted is land that gets I think those determinations are best Island Archipelago, would look like. covered up with 10 feet of sea level rise, left to scientific and medical experts, The latest modeling software allows us and this teal color is what we get when but I know the status quo, the current to visualize these projected changes, the sea level rise hits 12 feet. Over standard of care, and the set of FDA- and the latest science shows that they here, Bristol gets two new islands, and approved treatment options is not may be coming sooner than we Bristol and Warren become an island enough for patients or our Nation. In- thought. How soon and how much? themselves. action is not acceptable. America is at Well, the National Oceanic and Atmos- If you cross over the bay to Warwick its finest when we come together to do pheric Administration released a new Neck, which is now part of our new big things. Now is the time to commit report in January updating global sea coastline, that becomes a new island, to stopping the suffering and death level rise estimates based on the latest Warwick Neck Island. Much of Bar- from Alzheimer’s. peer-reviewed scientific literature. rington, which is a well-developed and

VerDate Sep 11 2014 02:23 May 11, 2017 Jkt 069060 PO 00000 Frm 00034 Fmt 0637 Sfmt 0634 E:\CR\FM\G10MY6.047 S10MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 10, 2017 CONGRESSIONAL RECORD — SENATE S2885 prosperous bedroom community, just circle at Waterplace Park and the entrance, and the first floor of City disappears under the water. As I said, Woonasquatucket River goes out over Hall is lost. Warren and Bristol become their own the Providence Place Mall, and it goes If you look at all of this, it rep- island. on from there. resents a loss of billions of dollars in Now we move down the bay to his- This is Providence’s downtown busi- property value to Rhode Islanders. toric Newport, RI, and the historic wa- ness district. That is 3 feet of sea level Let me grab the original. All of these terfront area completely floods, the rise—not much change. Now you get to areas are occupied right now—people’s historic Point section here floods, 7 feet of sea level rise, and you see the homes, people’s businesses are there, down here the western part of Newport encroachment of the ocean into our and if they disappear below rising seas, becomes a new island. Again, all of this business center. Seven feet used to be all that value is lost. It is actually is now land that we lose to rising seas. our worst-case scenario, but as the evi- worse than that because if this is the Not only does Western Newport be- dence comes in and we are seeing new coastline, then behind that coast- come Western Newport Island, but it things happening faster and the sea line is going to be a new set of flood gains its own Castle Hill Island off to level rise occurring greater than had zones and a new set of velocity zones. the side of it. Up here, the existing been expected, we have been raising For those who are not familiar with Goat Island virtually disappears. our expectations. what a velocity zone is, that is the part This story is repeated all along So here is the new worst-case sce- of the flood zone in which it is deep Rhode Island’s coast. The tip of Little nario—10 feet of sea level rise. As you enough and exposed enough that you Compton breaks off to become its own can see, the business section of down- actually get wave action against struc- tiny little archipelago of new islands. town Providence is entirely over- tures. So you get the physical force of This is Tiverton, which is just north of whelmed. Twelve feet of sea level rise waves damaging structures rather than Little Compton. On the other side, is a natural consequence once you get just tides rising. Between the V-zones here, is the shore of Portsmouth on to 10 feet of sea level rise because if and flood zones, there is a much larger Aquidneck Island. What you see is that you have 10 feet of sea level rise, then area in which structures become unin- the sea level rise turns Nonquit Pond what you get is a regular and recur- surable, they become unmortgageable, into ocean and makes an island of this ring, what people call astronomic tides and as a result they become unsellable. section of Tiverton here near Fogland or king tides, when celestial bodies line So the economic harm from this poten- Point, another new island. up so you have a higher than usual tial sea level rise inundation of Rhode Here we see the point on the other tide. For sure people from Florida Island is virtually incalculable, and we side of the opening into Narragansett know about it because those are the are not the only ones who are looking Bay from Little Compton. You have days when the street in front of their at this. Little Compton here, Aquidneck Island house on a sunny day is filled with Looking ahead at this coastal threat comes down in the middle, and on the saltwater because the tide has washed also is the massive government-backed other side you have Point Judith. in over it. If you go at king high tide home loan mortgage corporation Point Judith also begins to break up time along the wharf, you see Freddie Mac. Freddie Mac has pre- into little islands. parking areas and walking areas al- dicted ‘‘the economic losses and social If you go up here, Galilee is our fish- ready flooded. So it is not unreasonable disruption may happen gradually, but ing port. It is where most of the fishing to look at 12 feet of sea level rise if you they are likely to be greater in total trawlers have their home port and the are expecting a baseline, what they call than those experienced in the housing entrance runs right up here into the bathtub level of 10 feet. crisis and Great Recession.’’ protected harbor area. As you can see, As you can see, downtown Provi- Think about that. Think about the Galilee is now pretty much under- dence, our business district is more or economic damage that this country water. less completely inundated. So this is sustained and the pain the families ex- So for folks who like to go to Climate Central. Climate Central has perienced after the 2008 Wall Street Champlin’s Seafood, you will probably allowed us to get these images of what meltdown in that housing crisis, the have to row there, and it might not downtown Providence looks like up great recession. Here is Freddie Mac even be there. For those who like Aunt close, with various levels of sea level saying this problem is going to be Carrie’s better, it is here, and it is not rise, and this is something they run off greater in total than the harm from in great shape for surviving storms. of Google Earth. This, again, is down- the housing crisis and great recession. So we can go offshore to Block Is- town Providence. Some people would say you can’t trust land, which has been designated by The This is Providence City Hall. This is the government about this stuff. You Nature Conservancy as one of the Kennedy Plaza, you will be pleased to have to trust the private sector. The world’s last 10 great places. Well, it is know, Senator. It is named after an- government doesn’t know what it is no longer one of the world’s last 10 other John Kennedy because he gave talking about. great places, it is now two of the his last speech in his campaign for Here is a quote from a recent article world’s last—I guess it would have to President before he went home to take in the trade publication Risk & Insur- be 11 great places because it breaks in the election results and find out ance, an insurance trade publication. into two separate islands. Block Island that he had been elected—his last The editor of that publication wrote becomes Block Islands. speech was right here to a huge crowd that this was what he called ‘‘a grow- The beautiful town of Jamestown, that had come out to see him in down- ing and alarming threat.’’ He went on which is its own island between Aquid- town Providence. to say: ‘‘Continually rising seas will neck Island and our mainland shore, This is our famous Biltmore Hotel. damage coastal residential and com- breaks up into three separate islands. This used to be the train station. Now mercial property values to the point It is now one. Jamestown goes up a lit- the offices of the Rhode Island Founda- that property owners will flee those tle bit further, that part stays intact, tion are there. As you can see, most of markets in droves, thus precipitating a but the upper part breaks away from these historic buildings are up to their mortgage value collapse that could downtown Jamestown, here, and the second floor. If you look at old pictures equal or exceed the mortgage crisis Beaver Tail area breaks off into, I from the hurricane in 1954 and the hur- that rocked the global economy in guess it would become Beaver Tail Is- ricane in 1938, you see buildings where 2008.’’ land. the water got that high, but that was For anybody who wonders why I Now let’s go up to our capital city. at a peak of a hurricane surge. This be- come and give these speeches every We started with the first map showing comes the baseline. This is what it week, for anybody who wonders why I Providence. This series of images will looks like every day. am up to No. 166, it is about seeing the show what happens to Providence as Here is a closeup of Providence City coastline of my home State of Rhode sea levels rise. Just to orient people Hall. Instead of coming along the side- Island being whittled away into this who are seeing this, this is the Provi- walk and walking up the steps, you chain of islands—this new Rhode Island dence River coming in. This is the would have to come over in one of our archipelago. If this were your State, Woonasquatucket River. This is the gondolas in order to get in the front you would be up here too.

VerDate Sep 11 2014 02:23 May 11, 2017 Jkt 069060 PO 00000 Frm 00035 Fmt 0637 Sfmt 0634 E:\CR\FM\G10MY6.048 S10MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S2886 CONGRESSIONAL RECORD — SENATE May 10, 2017 We have a responsibility here in Con- DEPARTMENT OF TRANSPORTATION DAVID A. JOHNSON MITCHELL R. JOHNSON gress to all Americans to face up to ADAM J. SULLIVAN, OF IOWA, TO BE AN ASSISTANT JEFFREY M. JONES what is happening. This is not just a SECRETARY OF TRANSPORTATION, VICE DANA G. GRESH- MATTHEW EDWARD JONES AM. SAMUEL DAVID KINCH Rhode Island circumstance. It is going KENNETH KMETZ NATIONAL TRANSPORTATION SAFETY BOARD to be Louisiana. It is going to be North STANLEY J. KOWALCZYK and South Carolina. It is going to be ROBERT L. SUMWALT III, OF SOUTH CAROLINA, TO BE A JULIO R. LAIRET MEMBER OF THE NATIONAL TRANSPORTATION SAFETY JASON A. LAY and Maine and Cali- BOARD FOR A TERM EXPIRING DECEMBER 31, 2021. (RE- MICHAEL ALLEN LAYMAN APPOINTMENT) ANTHONY ANDREW LUJAN fornia. It is going to be the gulf coast. ANTHONY DEL MACHABEE We are all going to have to face up to FEDERAL ENERGY REGULATORY COMMISSION CLAUDIA SUZANNE MALONE ADAM JAMES MARSHALL this and help communities prepare. NEIL CHATTERJEE, OF KENTUCKY, TO BE A MEMBER COREY PATRICK MASSEY The carbon dioxide that we have al- OF THE FEDERAL ENERGY REGULATORY COMMISSION CHAD V. MCGARRY FOR THE TERM EXPIRING JUNE 30, 2021, VICE ANTHONY T. JOSIAH L. MEYERS ready pumped into the atmosphere will CLARK, RESIGNED. JEREMY SCOTT MILLIMAN make some of this sea level rise inevi- ROBERT F. POWELSON, OF PENNSYLVANIA, TO BE A WALTER L. MODDISON table. It is baked in now, and we just MEMBER OF THE FEDERAL ENERGY REGULATORY COM- MARK RICHARD MORRELL MISSION FOR THE TERM EXPIRING JUNE 30, 2020, VICE MARTIN JAMES MOSER have to wait for it to happen. We can PHILIP D. MOELLER, RESIGNED. BILLY F. MURPHY, JR. still avoid these worst case scenarios if DEPARTMENT OF THE TREASURY LAWANA GAY NELSON ERIC P. NEUMANN we act promptly and if we will, for one ANDREW K. MALONEY, OF VIRGINIA, TO BE A DEPUTY KAREN E. NICHOLS minute, say to the fossil fuel industry: UNDER SECRETARY OF THE TREASURY, VICE ANNE ELIZ- MICHAEL JOHN OLIVER ABETH WALL. BRIAN L. PARKER You have had enough. You have fed BARBARA M. PAZDERNIK UNITED STATES AGENCY FOR INTERNATIONAL enough at this trough. You have si- ROBIN CHRISTINE PETERSON DEVELOPMENT JEREMY CHAD PHILLIPS lenced Congress enough. Your power LAWRENCE E. J. PHILLIPS and your greed will no longer prevail MARK ANDREW GREEN, OF WISCONSIN, TO BE ADMINIS- BRYAN W. PREECE TRATOR OF THE UNITED STATES AGENCY FOR INTER- DAVID A. PREISMAN here. We are going to solve this prob- NATIONAL DEVELOPMENT, VICE GAYLE SMITH. PATRICK L. PRITCHARD lem for the people of our States. DEPARTMENT OF STATE DAVID G. RABEL We can still do that, but we do have LORALIE E. RASMUSSEN JAY PATRICK MURRAY, OF VIRGINIA, TO BE ALTER- LINDA A. ROHATSCH to act promptly. NATE REPRESENTATIVE OF THE UNITED STATES OF SHAWN RYAN With regard to the stuff that we can- AMERICA FOR SPECIAL POLITICAL AFFAIRS IN THE MATTHEW PARRISH SANDS , WITH THE RANK OF AMBASSADOR. YVETTE MARIE SCHUE not avoid, we also have an obligation JAY PATRICK MURRAY, OF VIRGINIA, TO BE AN ALTER- BRIAN K. SIMS to help our coastal communities pre- NATE REPRESENTATIVE OF THE UNITED STATES OF SUSANA CORONA SMITH AMERICA TO THE SESSIONS OF THE GENERAL ASSEMBLY TIMOTHY J. SODERHOLM pare for this, to make this transition. OF THE UNITED NATIONS, DURING HIS TENURE OF SERV- CLIFFORD ADAM SOUZA All of these islands are going to need ICE AS ALTERNATE REPRESENTATIVE OF THE UNITED MARTIN STALLONE STATES OF AMERICA FOR SPECIAL POLITICAL AFFAIRS ROBERT R. STATCHEN bridges to get to them where there are IN THE UNITED NATIONS. KURT M. STEGNER MICHAEL W. STINSON now roads. Where things are falling IN THE AIR FORCE into the ocean and you can shore them MELINDA LEE SUTTON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOSEPH B. SZUCS up and protect them with hard protec- IN THE GRADE INDICATED IN THE REGULAR AIR FORCE BRYONY A. TERRELL UNDER TITLE 10, U.S.C., SECTION 531: BRADD LEE THOMPSON tion, you need to do that. Where not, CHAD P. TUTTLE you need to go back and adjust zoning To be major TRENTON N. TWEDT JOY D. UNDERWOOD II and planning so that nature can defend JOHANNA K. REAM SCOTT DALE VANBEEK herself a little bit better through dunes THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE LEE A. VANDERHOOF UNITED STATES OFFICERS FOR APPOINTMENT TO THE BRITT C. VANSHUR and through marshes and so forth. GRADE INDICATED IN THE RESERVE OF THE AIR FORCE JAMES MICHAEL WARD There is a lot of work we need to do UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: THOMAS J. WATTS PATRICK CLARK WEBB with this coming at us. To be colonel MATHEW CARROLL WENTHE This is not funny. Nature will not PAUL R. AGUIRRE JOHN D. WILLIAMS wait for our politics to sort themselves MICHAEL D. ARNOLD, JR. PETER LAWRENCE ZALEWSKI NICHOLAS BRIAN BABIAK IN THE ARMY out. The laws of physics, the laws of JERRY B BANCROFT, JR. chemistry, the laws of biology do not DAVID GEORGE BERUBE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JAMES KEVIN BLANTON TO THE GRADE INDICATED IN THE UNITED STATES ARMY give a hoot about the laws in the Sen- JOHN JOSEPH CAMPO DENTAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 ate. They are going to do their thing, EDWARD D. CASEY AND 3064: and we need to get ahead of them. MARK K. CASEY TIMOTHY MARK CATHEY To be major When this happens, that big, old fossil ROBIN LEEANN CELATKA MOHAMAD EL SAMAD PATRICIA N. CHAVEZ fuel industry, with all of its lies and its THE FOLLOWING NAMED OFFICER FOR REGULAR AP- PETER S. CHIOU POINTMENT IN THE GRADE INDICATED IN THE UNITED long, dishonorable campaign of cal- CHAD S. CHRISTMAN STATES ARMY NURSE CORPS UNDER TITLE 10, U.S.C., MICHAEL S. CLAY culated disinformation and phony front SECTIONS 531 AND 3064: JOHN A. CONLEY groups—so that you do not see its SEAN FREDERICK CONROY To be major hands—and deliberate political mis- LISA M. CUNNINGHAM JULIE PETRINA CURLIN LANA J. BERNAT chief to prevent us from acting, is not WILLIAM RAY CUSICK THE FOLLOWING NAMED OFFICER FOR APPOINTMENT going to be around to help us. It will be JOSEPH M. DICKENS TO THE GRADE INDICATED IN THE UNITED STATES ARMY JASON DEREK DICKINSON UNDER TITLE 10, U.S.C., SECTION 624: no help when this flooding comes, so it ROBERT EDWIN DONALDSON is up to us. That is why we have to JUSTIN H. DUNCAN To be lieutenant colonel CHARLES ALAN DURFEE PATRICK K. SULLIVAN wake up. JUNE A. DYKSTRA Mr. President, I yield the floor. PAUL WILLIAM FEICHTINGER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CRISSIE DAWN FITZGERALD TO THE GRADE INDICATED IN THE RESERVE OF THE f PAMELA LEE FONTI ARMY UNDER TITLE 10, U.S.C., SECTION 12203: FREDERICK R. T. FOOTE To be colonel ADJOURNMENT UNTIL 10 A.M. DANIEL R. FOWLER TOMORROW PAUL EDWARD FRANZ DEREK L. ADAMS MATTHEW JOHNSON FRENCH ADAM K. AKE The PRESIDING OFFICER. The Sen- TREVOR JOHN FULMER MARK G. ALESSIA SUSAN ELAINE GARRETT JOY L. ALEXANDER ate stands adjourned until 10 a.m. to- JOHN C. GIBBS GEOFFREY M. ALLEN morrow. JAMES D. GLOSS NADER S. ARAJ REBECCA A. GRAY DAVID E. BABB Thereupon, the Senate, at 6:13 p.m., CHRISTOPHER L. GREEN THOMAS C. BARNETT, JR. adjourned until Thursday, May 11, 2017, STEPHEN R. GWINN THOMAS E. BARRON RAED D. GYEKIS JAMES D. S. BARROS at 10 a.m. MELISSA L. HAGEN JESSE L. BARTH f DARREN E. HAMILTON DEBORAH L. BARTUNEK FRANK A. HARROLD III TODD L. BARTUNEK NOMINATIONS GILBERT THOMAS HARVEY MICHAEL J. BEARDI BARRY TODD HEILING KEVIN L. BECAR Executive nominations received by BRADLEY GENE HINKLE MATTHEW J. BEDWELL TODD A. HOFFORD JOHN R. BENSON the Senate: LANCE A. HOPPER LARRY W. BENTON COMMODITY FUTURES TRADING COMMISSION JAMES PATRICK HOYE JAMES W. BIBB CATHERINE ANNE HUTSON CHARLES M. BLOMQUIST J. CHRISTOPHER GIANCARLO, OF NEW JERSEY, TO BE DAVID MARK JAFFE JOHN L. BONNETTE II CHAIRMAN OF THE COMMODITY FUTURES TRADING COM- GEOFFREY MARK JENSEN MARTIN L. BORTOLUTTI MISSION, VICE TIMOTHY G. MASSAD, RESIGNED. MATTHEW C. JENSEN LEONARD D. BRANNOM III

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JOHN S. BREWER DERALD R. NEUGEBAUER VINCENT W. DUNCAN WILLIAM R. BREWER JOSEPH T. NOONAN III JAMES L. EIPPER JONATHAN E. BROWN JEFFREY A. NORRIS DONALD R. ELLISON, JR. STEPHEN M. BURGGRAFF CRAIG P. NOWAK DERIK D. ERICKSON THOMAS P. CALDWELL TRACEY M. Y. OMORI ANDREW L. FETHERSTON DUDLEY R. CAPPS JAVIER ORTIZ JOHN J. FINKLE, JR. IRBY W. CARPENTER, JR. LARS B. OSTERVOLD, JR. CHARLES T. FLEETWOOD RICHARD A. CAUFIELD ROBERT F. PAOLETTI CHRISTOPHER L. FLOWERS ADONIS H. CHAKIDES BRIAN L. PARCELL JEANNE F. FORGEY CLAYTON W. CHAPPELL JAMES L. PAYNE, JR. ROELENE E. FREEMAN TED N. CHAVEZ BRIAN L. PETERSON LEIGH F. FRIEDEL JOHN D. CLARK THOMAS B. PICKLE, JR. CHELEY A. GABRIEL MARTIN M. CLAY, JR. THOMAS R. POWERS CHARLES A. GAMBARO, JR. TIMOTHY A. CLEVELAND MARK D. PRESLEY JUAN A. GARCES, JR. TIMOTHY A. COAKLEY JASON D. PRICE JASON E. GARCIA RICHARD D. COLLAGE MARK A. RAAKER DAMIEN T. GARNER ONEL COLON LORA J. RAINEY DEVIN P. GARRITY RYAN E. CONNELLY FELIX RAMOSTORO STEVEN D. GAVIN MATTHEW G. COOPER NATHAN C. RANGE GINA M. GENTILE JOSEPH M. COYLE DAVID S. RHOADS HELEN G. S. GEORGE SCOTT G. E. CRAIG MICHAEL D. RIESKE LENORA T. GERMAN RONALD L. CRANE, JR. ERIC J. RILEY JAMES G. GILL, JR. THOMAS W. CROSBY BREN D. ROGERS GREGORY C. GLASOW DAVID A. DAILEY GILBERT ROLDAN DARRYL GODWIN CHRISTOPHER DANIELS HERIBERTO ROMAN CARLOS E. GORBEA JOHN L. DAVIS DARRIN M. ROSHA PAUL C. GRESENS ZACHARIAHS DELWICHE PAUL E. RUMBERGER ANTHONY P. GRIFFIN JEFFERY L. DESMOND JAMES J. SAHADY, JR. MARC C. HALE COROL B. DOBSON CRAIG L. SANDMAN KIMBERLY K. HAMILTON WAYNE W. DON SHAD B. SATTERTHWAITE COLE A. HANSON SEAMUS K. DOYLE MATTHEW C. SCHELL STEPHEN G. HARLAN JEFFREY J. EGET STEPHEN L. SCHMIDT GROVER C. HARMS, JR. LESTER W. ELMORE PAUL W. SCHNEIDER VICTOR H. HARRIS JOHN A. ENGELS JAMES P. SCHREFFLER STEVEN D. HAYDEN ROBERT A. EPP ROBERT W. SHIPMAN SCOTT L. HEIL STEVEN A. FAIRBOURN WILLIAM A. SHOMENTO CORY F. HENRY LEIF E. T. FAUTANU ANTHONY W. SMITH DANIEL H. HERSHKOWITZ JOHN C. FELL TODD M. HEUSER GREGORY SMITH JEFFERY J. FILES KIRK H. HOLMES ALAN C. SOUTH GREGORY D. FIX KEITH K. HORIKAWA MARK J. SOUTH TROY G. FLOWERS, JR. WILLIAM H. HOUSTON IV BOBBIE M. SPROUSE TAMARA J. FRATTALONE STEVEN B. HOWERY DANIEL M. STARK ROBERT M. FUGERE HEROLD J. HUDSON ROBIN B. STILWELL KORY H. GACONO RACHEL E. HUMPHREY JEFFREY STRICKLE ERIC L. GAGNON STANLEY A. HUTCHISON JONATHAN M. STUBBS GLYN C. GOLDWIRE TAYLOR K. C. HWONG SOL D. SUKUT JAMES C. GONYO II AMY M. IHDE MARC M. SULLIVAN THOMAS P. GONZALES VICTOR S. INGRAM DARRYL B. TAGUACTA RODRIGO R. GONZALEZ III AVRAM J. ISAACSON JULIE A. THOMAS ALBERT T. GORMAN GERRY L. JACKSON PAUL E. THOMPSON WILLIAM J. GRAY, JR. MARK W. JACKSON LOREN J. THOMSON GRAHAM T. GREEN DANIEL J. JAQUINT JOHN M. TILL MICHAEL D. GREEN KELLY K. JONES MICHAEL A. TOBEY JOHN C. GREGORY MARTIN R. JUAREZ TIMOTHY J. TOMCHO MILTON L. GRIFFITH, JR. MARTIN C. JUNG KELLARD N. TOWNSEND ALAN R. GRONEWOLD RICHARD A. KAISER MICHAEL A. TREADWELL PATRICIA K. HAGEN RUTH D. JOHN A. TURK II DAVID L. HALL MARK Y. KAZUNAGA THOMAS M. TURNER RICHARD E. HAMBY SHARON K. KELSEY IVAN R. UDELL MATTHEW R. HANDY JOSHUA S. KENNEDY PAUL E. WALDRON DANIEL E. HARRIS EERO R. KERAVUORI MICHAEL E. WEGNER WILLIAM E. HAYGOOD ROSE P. KERAVUORI JOHN W. WELLS II ANTHONY C. HEIGAARD KERIANN L. KLEIN JAMES B. WHARTON LARRY L. HENRY MARCUS A. KOEPPLINGER THOMAS M. WHATLEY RONALD C. HENSON GEORGE E. KOKLANARIS JAMES D. WHITAKER SCOTT M. HOUCK GARRETT R. KOLO BRIAN P. WILKINS BRADLEY K. HOWE PAUL L. KUETTNER JAMES M. YATES JOSEPH M. HUSS JAKE S. H. KWON CHRISTOPHER A. HYMAN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT FLOYD E. , JR. MARK L. INABA TO THE GRADE INDICATED IN THE RESERVE OF THE DANITA K. LADSON ERICA L. INGRAM ARMY UNDER TITLE 10, U.S.C., SECTION 12203: CHRISTOPHER D. LANGE CHRISTIAN J. JOHNSON To be colonel GLEN A. LAYTON ERIC N. JOHNSON RAQUEL G. LEBLANC MARK K. KAMPA RODNEY ABRAMS ARLENE M. LEIGH JOHN C. KENNEDY RICK A. ACKERMAN BRADLEY W. LEWIS JEFFERY C. KERNS KURT C. ADAMS RAYMOND LO PAUL A. KIRCHHOFF DUSTIN L. AWTREY JOSHUA M. LUBARSKY CHARLES W. KITSON, JR. MARK R. BAADEN STEPHAN E. LYNSKEY RALPH E. KLINE III KEITH A. BARTA JEFFREY V. MAGLIO ROBERT M. KURTZ JAMES M. BECKER MURRAY A. MALLETTSTEIN SUSAN B. KUSAN ANSON W. R. BELIN MICHAEL J. MALONE CAROLYN Y. LANCLOS SHARLEEN N. BENDER DAVID P. MANN JEFFREY C. LARRABEE GLEN D. BLACKBURN JAMES M. MANZI, JR. ROBERT K. LASHBROOK DARRELL J. BOAZMAN DRAGOMIR C. MARINKOVICH RONALD G. LEE, JR. CHRISTINE C. BORGOGNONI MARLENE K. MARKOTAN DEBRA K. LIEN LAURA R. BOSCO JORGE MARRERO DANIEL S. LOVETT MORGAN C. BRANTLEY JANENE A. MARSHALLGATLING ROBERT A. LUND KATHERINE M. BRAUN SANDRA K. MARTIN CRAIG M. MACERI CHRIS M. BRIAND THOMAS E. MCAVOY THOMAS W. MACKEY MICHAEL F. BROCKWAY PETER A. MCBRIDE MICHAEL M. MAJORS GREGORY L. BUNCK THOMAS W. MCBROOM, SR. LANE B. MARSHALL JOHN F. CADRAN PAUL J. MCCARTHY CORY L. MATTHEWS JAMES W. CARMICHAEL, JR. DANIEL M. MCCLINTOCK CLIFFORD A. MCDANIEL II STEPHEN P. CASE ALEX A. MCCULLOUGH DONNA G. MCDANIELCOX PETER M. CHACE, JR. MARK R. MCCULLOUGH CHARLES P. MCDONALD CHRIST W. Y. CHANG JEREMY T. MCGARRY SEAN T. MCGANN JERRY B. CHAPPEE SHAWN P. MCNABB CHRIS A. MCKINNEY JIMMY W. CLEMONS BRIAN J. MCNULTY DONALD L. MCLELLAN PETER T. CLINTON JON S. MIDDAUGH ERIN K. MCMAHON IAN D. CLUNIESROSS MEGAN E. MIRANDA CODY A. MCROBERTS ROBERT J. COKER LOUIS L. MITCHELL TROY D. MEUTH CLIFFTON C. CORNELL DELIRIS MONTANEZBERRIOS JACK B. MIDYETTE III RICHARD J. COTE COLIN J. MORROW RICHARD F. MIFSUD II VICTORIA A. CUMINGS JACQUELINE E. MORTON VERL C. MILLER DAVID L. DEAN APRIL A. D. MYRICK LOUIS B. MILLIKAN WILLIAM P. DEBACK ANDREE G. NAVARRO SHAUN R. MISTLEBAUER GRETCHEN A. DECKER NICHOLAS NAZARKO II CHARLES C. MOORE KIRK D. DECKER JAMES D. NELSON SCOTTIE A. MOORE ROGER F. DEON, JR. WILLIAM J. NELSON ANDREW C. MORESHEAD JOHN M. DIDONATO RYAN J. NIELSEN JOHN D. MORGEN ADAM T. DIETRICH GINGER K. NORRIS WILLIAM F. MORRIS DOUGLAS M. DILLON WILLIAM H. NORRIS BRIAN C. MULCAHY ALLAN L. DOLLISON MARK L. OGBURN TIMOTHY P. MULLEN MICHAEL J. DOUGHERTY GARY K. OGLE MICHAEL H. MURPHY III JAMES R. DRAKE ALEXA G. OLEARY WESLEY D. MURRAY CHRISTOPHER S. DUBE DANIEL J. OROURKE PETER M. MUSHOVIC THOMAS M. DUBININ JOHN D. OSBORNE

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DOUGLAS M. OTTENBERG JOHN T. SCHULTE CURTIS PRICE OTTO M. PADRON S. SELLERS ROBERT J. VANCE EDWARD R. PALACIOS WARREN G. SEYMOUR, JR. BRIAN K. WAITE NOEL F. PALMER MARK W. SIEKMAN MARK S. WINWARD DAVID R. PARAVECCHIA TRACY L. SIMMONS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MARK F. PARCELLS MARK D. THOMPSON TO THE GRADE INDICATED IN THE UNITED STATES NAVY GREGORY M. PAVICK SCOTT K. THOMSON UNDER TITLE 10, U.S.C., SECTION 624: EUGENE POINDEXTER ANDREAS M. THUM ROBERT J. PORTWAY EDWARD A. VAN RAVENSTEIN To be captain KEVIN POWERS THOMAS E. WALTON, SR. THOMAS M. BESTAFKA DANIEL J. PRIETO RICARDO L. WARFIELD JAMES E. BROWN PETER PROZIK, JR. LISA A. WEIDENBUSH JAY M. CAVNAR KAREN D. RADOS CHARLES W. WEKO JAMES J. H. CHO JEFFREY RECTOR VALNECIA E. WILLIAMS MIGUEL DIEGUEZ JEROME J. REDMOND JERRY D. WILSON, JR. ALEXANDER K. HUTCHISON HEATHER A. REUTER CHARLETTE K. WOODARD SCOTT W. RICHARDS GORDON E. MEEK III WILLIAM D. RITTER IN THE NAVY RAFAEL A. MIRANDA BRIAN M. RIVERA JEFFREY S. POWELL THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PETER D. ROCHA RUSSELL C. RANG TO THE GRADE INDICATED IN THE UNITED STATES NAVY JUAN R. RODRIGUEZ MATTHEW C. RIETHMILLER RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: RAUL L. RODRIGUEZ LAURIE SCOTT JOSE E. RODRIGUEZRIVERA To be captain FRANCIS J. STAVISH CHRISTOPHER M. ROMERO THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SCOTT S. ROMERO BRUCE E. OSBORNE TO THE GRADE INDICATED IN THE UNITED STATES NAVY STEVEN T. ROSE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTION 624: YVETTE O. ROSE TO THE GRADE INDICATED IN THE UNITED STATES NAVY MITCHELL A. RUEDEBUSCH RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: To be captain STEPHEN J. RYAN DANNY W. KING JAMES P. SANDERS To be captain RICHARD W. SETTINO THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLETTE M. MURPHY IN THE GRADE INDICATED IN THE REGULAR NAVY JAMES M. SINDLE JOHN A. ROBINSON III JODI J. SMITH UNDER TITLE 10, U.S.C., SECTION 531: JOHN A. SMITH THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be lieutenant commander STEPHEN J. SNYDER TO THE GRADE INDICATED IN THE UNITED STATES NAVY GILBERTO SOTOMALDONADO RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: AARON L. WITHERSPOON DAVID A. SPARACIO To be captain THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT NICOLE R. SPEARS TO THE GRADE INDICATED IN THE UNITED STATES NAVY STEPHEN M. SPINELLI NATHAN R. ANDERSON UNDER TITLE 10, U.S.C., SECTION 624: JOHN STANLEY RANDALL L. BICE BARRY M. STENTIFORD DANIEL P. GAVIGAN To be captain WILLIAM J. HARTMAN JUSTIN STIEGLITZ BABAK A. BARAKAT STANLEY P. HERNDON VINCENT J. STONEKING ROGER L. BILLINGS ROBERT E. HUGHES KEVIN D. STRINGER TIMOTHY A. BROWN ERIC R. LIU RICHARD T. STUBBLEFIELD GEORGE W. CLARK III KURT B. MADSEN THOMAS P. SULLIVAN STUART M. DAY KAI S. MARTIN MABRY A. SUMNER ROY M. GARRISON DOLORES J. PYNEMERCIER TIMOTHY S. SUMOVICH TONY V. GILES DANIEL G. ROBSON JULIA E. SWEET TIMOTHY R. GRIFFIN T. TYNAN PHILLIP A. TAYLOR TROY M. GRONBERG ROBERTO VALLETTA EARL D. TERRY III MICHAEL N. JEFFERSON JODIE M. C. YIM WILLIE L. THORNTON BLAKE W. KENT EVAN TING THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JASON E. KLINGENBERG WAI K. TONG TO THE GRADE INDICATED IN THE UNITED STATES NAVY BRUCE KONG GREGORY W. TOTH RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: SCOTT D. LOGAN DEREK J. ULEHLA To be captain MANUEL X. LUGO CLARENCE M. WALTON CHRISTIAN M. MAHLER MATTHEW S. WARNER ADRIA R. SCHNECK ROBERT S. MAZZARELLA GREGORY A. WEISLER MICHAEL C. MCCORMACK THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LATONIA R. WHITE JOSHUA H. MCKAY TO THE GRADE INDICATED IN THE UNITED STATES NAVY MICHAEL R. WHITESCARVER JACQUELINE M. MEYER RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: GREG S. WICKLUND EDWARD D. PIDGEON WILLIAM F. WILKERSON To be captain WADE W. RINDY AARON D. WILKES NICHOLAS R. RUSSO ANTOINE M. WILLIAMS MARY A. PONCE KENNETH W. RYKER III BRIAN D. WISNIEWSKI BRIAN K. REED KADIATOU F. SIDIBE DAVID R. WOOD THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAMES H. STRAUSS TIMOTHY H. WRIGHT TO THE GRADE INDICATED IN THE UNITED STATES NAVY SHANE P. STROHL D010081 RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: CHRISTOPHER A. WALDRON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RICHARD H. WILHELM TO THE GRADE INDICATED IN THE RESERVE OF THE To be captain STEPHEN M. WILSON ARMY UNDER TITLE 10, U.S.C., SECTION 12203: RYAN K. MAHELONA THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be colonel PHILIP L. NOTZ TO THE GRADE INDICATED IN THE UNITED STATES NAVY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTION 624: CHRISTINE N. ADAMS TO THE GRADE INDICATED IN THE UNITED STATES NAVY THOMAS C. AKERLUND To be captain RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: JAMES M. AKERS MICHAEL J. ALLANSON DARREN S. ANTAL To be captain RANDY E. ASHMAN U. L. ARMSTRONG, JR. JESSICA D. BEARD BRIAN S. AXELSEN JOSEPH T. BAILEY SUSANNE E. BLANKENBAKER CHRISTOPHER A. BAER MARCUS P. BAUER JENNY S. BURKETT CHRISTOPHER A. BAINS RAYMOND K. BIZIOREK ALISON H. CASTRO THOMAS W. BANNON HEATHER M. BOTHWELL CHARLES L. CATHER JONAH A. BRIERTON STANLEY A. BUNNER DANIEL W. CLARK CURTIS E. BURRELL, JR. EDWARD C. GARRANT CAROLYN M. CURRIE LEWIS D. CARPENTER JOHN B. GARRY JOSEPH L. DESAMERO SEAN F. COUNIHAN RICHARD B. GILLIGAN VICTOR M. DIAZ JEFFREY M. DUKAVAS ROBERT E. JACKSON ROBERT D. FETHERSTON DAVID W. EATON KERRY D. MOORE JOSEPH A. GOMEZ BRIAN P. ELLIOTT WILLIAM A. RIGAZZI ANNA M. GRUETZMACHER DARL E. EVERETT, JR. JILL A. ROUGH HARRY W. HAMILTON THOMAS D. FILLGROVE GREGORY B. SETTELMAYER CHARLES S. HARTUNG CHRISTOPHER P. GERDES JONPAUL STEFANI BOBBY J. HURT JOHN J. GOBRICK THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JASON D. LAYTON ANGEL E. GONZALEZ TO THE GRADE INDICATED IN THE UNITED STATES NAVY ANGELO P. LUCERO KEITH G. HARLEY RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: FREDORA A. MCRAE CHRISTOPHER L. HENDERSON MARY K. PARKER GLEN R. HOWIE To be captain ELISABET PRIETO STEPHEN P. HUCKS DAVID W. SHAIEB DAVID V. D. THOMAS TIMOTHY L. HUGHES PAUL S. VILLAIRE ANDREW W. JONES THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ANTHONY G. VOEKS CHARLES E. JONES TO THE GRADE INDICATED IN THE UNITED STATES NAVY GERARD J. WHITE HUI C. KIM UNDER TITLE 10, U.S.C., SECTION 624: MATTHEW W. LAWRENCE To be captain THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ANGEL M. LIBERG TO THE GRADE INDICATED IN THE UNITED STATES NAVY LINDA M. MARTIN LEE A. AXTELL UNDER TITLE 10, U.S.C., SECTION 624: RICHARD R. MASSENGALE MAURICE A. BUFORD To be captain MICHAEL D. MAYES CAREY H. CASH KEVIN M. MYERS ROBERT R. CHRISTIAN MATTHEW L. BERAN PATRICK M. PASCALL JOSEPH L. COFFEY MARC S. BREWEN CLAY D. PETTIT JON W. CONROE MARCUS N. FULTON DAVID A. POLAND DENIS N. COX STACIA J. GAWRONSKI CHRISTOPHER R. QUALE STEPHEN S. DUESENBERRY CHRISTOPHER J. GREER ROBERT R. REISZ ERIK P. LEE VANESSA C. HOPGOOD JOSE A. RIVERA JUDY T. MALANA FRANKIE D. HUTCHISON RAFAEL RODRIGUEZ, JR. WILLIAM E. MIDDLETON AMY K. LARSON

VerDate Sep 11 2014 02:23 May 11, 2017 Jkt 069060 PO 00000 Frm 00038 Fmt 0637 Sfmt 9801 E:\CR\FM\A10MY6.015 S10MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 10, 2017 CONGRESSIONAL RECORD — SENATE S2889 KIMBERLEY B. MCCANN To be captain To be captain HEATHER D. PARTRIDGE STEPHEN C. REYES JOHN E. FRITZ PETER A. ARROBIO MARC S. ROSEN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RYAN G. BATCHELOR JONATHAN T. STEPHENS TO THE GRADE INDICATED IN THE UNITED STATES NAVY JAMES C. CHITKO JEFFREY A. SUTTON UNDER TITLE 10, U.S.C., SECTION 624: ROBERT M. GALLAGHER, JR. DUSTIN E. WALLACE ERIC M. GARDNER IAN S. WEXLER To be captain SAMUEL Y. HANAKI THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ADAM T. SCOTT GRADY G. DUFFEY, JR. PETER J. SHEEHY TO THE GRADE INDICATED IN THE UNITED STATES NAVY BRETT D. INGLE UNDER TITLE 10, U.S.C., SECTION 624: LISA M. SULLIVAN STEVEN W. LEEHE SHAUN A. SWARTZ JOSE F. MONTES KEVIN J. WATKINS To be captain DAVID A. VONDRAK THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT GARLAND H. ANDREWS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY DARRYL P. ARFSTEN TO THE GRADE INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION 624: GORDON R. BLIGHTON UNDER TITLE 10, U.S.C., SECTION 624: BRIAN L. BOHRER To be captain STEPHEN A. CHAPMAN To be captain JOHN A. ANDERSON SERGIO CHAVEZ WILLIAM M. KAFKA KEITH A. BARAVIK MICHAEL O. ENRIQUEZ RYAN M. PERRY SAMUEL F. CORDERO WILLIAM E. GRADY KEVIN R. STEPHENS GREGORY A. CRAWFORD ROBERT P. HIGGINS WILLIAM R. URBAN JUSTIN A. DOWD JEFFREY J. KLINGER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DAVID W. GAST BRADLEY C. KLUEGEL TO THE GRADE INDICATED IN THE UNITED STATES NAVY JASON S. HALL JASON T. LEWIS UNDER TITLE 10, U.S.C., SECTION 624: GINALYN B. HARRELL THOMAS J. PINER SIDNEY W. HODGSON III PAUL S. SCHIERMEIER To be captain MARK E. JOHNSON SPENCER T. SCHOEN FREDERICK L. LENTZ II MICHAEL E. STEVENS, JR. DANIEL E. FILLION JEFFREY S. LOCK MICHAEL L. SUNMAN GREGORY A. FRANCIOCH CEDRIC J. MCNEAL TIMOTHY T. THOMPSON JENNIFER B. JONES SETH A. MILLER ROMEO T. TIZON, JR. TUAN NGUYEN JAMES P. MOSMAN ERIC R. WELSH DAVID D. OBRIEN RAMIRO E. ORELLANO MEREDITH L. YEAGER JASON D. WEDDLE ETHAN R. PROPER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAY A. YOUNG TO THE GRADE INDICATED IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE UNITED STATES NAVY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTION 624: UNDER TITLE 10, U.S.C., SECTION 624: TO THE GRADE INDICATED IN THE UNITED STATES NAVY To be captain To be captain UNDER TITLE 10, U.S.C., SECTION 624: DAMON B. DIXON To be captain OLADAPO A. AKINTONDE RICHARD A. KENNEDY, JR. NATHANIEL B. ALMOND DAVID R. KUEHN LAWRENCE H. KENNEDY KATHERINE C. AUSTIN THOMAS A. MONEYMAKER II KEVIN M. MULLANEY CHAD M. BAASEN JONATHAN J. VORRATH TRACIE A. SEVERSON JOHN S. BROOKS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT HAN Q. BUI THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY HENRY F. CASEY III TO THE GRADE INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION 624: GEORGE S. CONLEY UNDER TITLE 10, U.S.C., SECTION 624: KONRAD L. DAVIS To be captain To be captain BRENDON G. DREW DENNIS J. FAIX JAMES W. ADKISSON III JOSE G. NATHANIAL FERNANDEZ CHRISTOPHER G. BRYANT NATHAN J. KING JONATHAN A. FORSBERG ROBERT S. DAMSKY HALLOCK N. MOHLER DAVID M. FURLONG ETHAN C. GIBSON BRETT A. STGEORGE CURTIS W. GABALL RACHEL J. V. LIND DEREK A. VESTAL MICHAEL S. GALITZ DOMINIC R. LOVELLO THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RAMIRO L. GUTIERREZ MARC W. RATKUS TO THE GRADE INDICATED IN THE UNITED STATES NAVY TIPTON D. Q. HUTCHESON JOSEPH D. SEARS UNDER TITLE 10, U.S.C., SECTION 624: MICHAEL B. JACOBS VICTOR L. SPEARS III HENRY S. KANE HOLLY A. YUDISKY To be captain KARL C. KRONMANN SHERRI R. ZIMMERMAN DAVID A. ABERNATHY KELLY M. LATIMER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT PAUL M. ALLGEIER LANNY F. LITTLEJOHN TO THE GRADE INDICATED IN THE UNITED STATES NAVY ROBERT W. ALPIGINI, JR. KAREN L. MATTHEWS UNDER TITLE 10, U.S.C., SECTION 624: KENNETH D. ANDERSON RYAN C. MAVES JEREMY T. ANDREW MICHAEL L. MEADOWS To be captain CHRISTOPHER M. BAHNER JOEL R. METZGER CORY S. BRUMMETT LINDSEY J. BAKER III ARASH MOHTASHAMIAN MATTHEW R. BARR MICHELE P. MORRISON ANDREW R. DITTMER JAMES O. HAMMOND BRIAN H. BENNETT MARK M. MORTON ROBERT T. BIBEAU JAMES J. MUCCIARONE JAMES A. LECOUNTE ERIK G. PITTMAN CHRISTOPHER G. BOHNER FRANK E. MULLENS GEOFFREY P. BOWMAN TODD J. OCHSNER JAMES J. WATSON DAVID J. WHITE JONATHAN J. BRADFORD KEVIN C. OMALLEY MICHAEL D. BRASSEUR ADAM K. SAPERSTEIN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DAVID S. BRINSON ROLF K. SCHMIDT TO THE GRADE INDICATED IN THE UNITED STATES NAVY ROBERT T. BRYANS JASON W. SCHROEDER UNDER TITLE 10, U.S.C., SECTION 624: RYAN J. BRYLA ANDREW J. SELLERS To be captain RICHARD G. BURGESS SEAN C. SKELTON STEPHEN J. BURY JAMES P. SMITH JULIE M. ALFIERI ADRIAN T. CALDER JASON D. SWEET JAMES L. BOND JASON G. CANFIELD SEAN A. SWIATKOWSKI TRENT W. FINGERSON HUNG CAO CHRISTOPHER M. TEPERA JAMIE A. FRASERLORIA BRYAN K. CARMICHAEL HASSAN A. TETTEH CHRISTOPHER W. HALL RICHARD W. CARNICKY KRISTOPHER P. THIBODEAU STACY L. HANNA RYAN C. CECH JOHN W. VINCENT RAYMOND E. KENDALL JILL R. CESARI MATTHEW J. WAUSON ERIC E. LAHTI ANDREW J. CLARK IV CHRISTOPHER H. WAY KYLE L. LEESE DWIGHT L. CLEMONS II KEDRIC E. WEBSTER JOHN B. MARKLEY DANIEL COBIAN SEAN R. WISE FRANCISCO J. MARTINEZ ELAINE A. COLLINS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KEVIN J. MCHALE, JR. JAMES N. COLSTON TO THE GRADE INDICATED IN THE UNITED STATES NAVY SUZANNE R. MEYER MICHAEL CONCANNON UNDER TITLE 10, U.S.C., SECTION 624: THOMAS P. SCARRY JOHN D. CRADDOCK MARCUS D. STARKS JOHN L. CROGHAN To be captain TIMOTHY M. SULLIVAN KENNETH M. CURTIN MATTHEW A. VERICH MICHAEL J. DAIGLE, JR. JEFF A. BLEILE BRETT A. WISE THERON C. DAVIS TONI A. BOWDEN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MICHELE M. DAY DANIEL A. BROWN SAMUEL F. DECASTRO HECTOR A. CABALLERO TO THE GRADE INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION 624: DAVID S. DEES CHRISTOPHER E. CRECELIUS HANS D. DEFOR TUANH C. HALQUIST To be captain JASON M. DENNEY THOMAS B. HINES, JR. JEFFREY A. DERMODY MOLLY A. JENKINS MATTHEW E. ARNOLD ALAN M. DJOCK DAVID W. JONES ROBERT B. BAILEY THOMAS A. DONOVAN REBECCA O. LEE WILLIAM R. BELL PETER J. EHLERS KEITH L. MAYBERRY EDWARD L. CALLAHAN JESSE G. ESPE NANCY OSBORNE DAVID DWYER ERIK C. ESTENSON ANTON PETRICH MORRIS OXENDINE JOHN J. FAY RAOUL H. SANTOS JOHN W. POPHAM DAVID P. FIELDS HIEN TRINH JEFFRY A. SANDIN ANDREW P. FITZPATRICK JEFFREY G. ZELLER ANTHONY C. TARANTO, JR. KELLY T. FLETCHER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MICHAEL D. FRANCE IN THE GRADE INDICATED IN THE REGULAR NAVY TO THE GRADE INDICATED IN THE UNITED STATES NAVY ROBERT C. FRANCIS, JR. UNDER TITLE 10, U.S.C., SECTION 531: UNDER TITLE 10, U.S.C., SECTION 624: KENNETH R. FRANKLIN

VerDate Sep 11 2014 02:23 May 11, 2017 Jkt 069060 PO 00000 Frm 00039 Fmt 0637 Sfmt 9801 E:\CR\FM\A10MY6.017 S10MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S2890 CONGRESSIONAL RECORD — SENATE May 10, 2017 BRIAN G. FRECK DANIEL P. PAPP To be major TRACEY J. GENDREAU DOUGLAS A. PATTERSON NICHOLAS D. GOOD DAVID J. PEARSON MICHAEL S. STEVENS TADD H. GORMAN TODD S. PERRY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRET M. GRABBE DOUGLAS M. PETERSON IN THE GRADE INDICATED IN THE REGULAR MARINE DOUGLAS GRABER GREGORY T. PETROVIC CORPS UNDER TITLE 10, U.S.C., SECTIONS 531 AND 716: THOMAS J. GRADY JESSIE A. PORTER DAVID L. GRAY ROBERT R. PORTER III To be major JEREMY GRAY DAVID M. RAY BRIAN C. GUGLIOTTA JOHN D. REARDON PATRICK J. MULLEN BLAIR H. GUY II JASON S. RELLER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAMES W. HARNEY TED C. RICCIARDELLA TO THE GRADE INDICATED IN THE UNITED STATES MA- SCOTT B. HATTAWAY PETER J. RIEBE RINE CORPS RESERVE UNDER TITLE 10, U.S.C., SECTION HARRY E. HAYES JEREMY Y. RIFAS 12203: MARK C. HAZENBERG JAMES T. ROBINSON JEFFREY L. HEAMES SEAN P. ROCHELEAU To be colonel RYAN J. HEILMAN MIKAEL A. ROCKSTAD JEFFREY W. HILL CHRISTOPHER F. ROHRBACH RAYMOND L. ADAMS MICHAEL P. HOLLENBACH DAVID J. RUETER DAVID B. ASHE ROBERT L. HOLMES MATTHEW F. RUTHERFORD WILLIAM A. BARNES FRASER P. HUDSON RUSSEL B. SANCHEZ DANIEL M. BELLIG CHRISTOPHER N. HURST CHARLES R. SARGEANT RICHARD D. BELLISS ERIC P. ILLSTON ZOAH SCHENEMAN JOSEPH S. BORNSCHEIN STEPHEN J. ILTERIS TORSTEN SCHMIDT KYLE R. BURRESS CHRISTOPHER C. JASON WILLIAM D. SELK KEVIN F. COUGHLIN ALLEN P. JOHNSON JASON J. SHERMAN MICHAELA C. COUGHLIN STEPHEN O. JOHNSON JOSEPH T. SHULER JOHN D. COWART JAMES P. JOHNSTON GREGORY A. SMITH MARK A. CUNNINGHAM JEFFREY JUERGENS MICHAEL A. SMITH RAQUEL L. DECKERT AARON R. KELLEY MATTHEW M. SNIFFIN FRANCISCO P. DELGADO PETER S. KIM MICHAEL D. SNOWDEN SAMUEL J. DIBIANCA DERRICK W. KINGSLEY ROLF B. SPELKER SEAN R. DUNN JOSHUA C. KINNEAR JOEL G. STEWART JAKE J. FALCONE THOMAS G. KORSMO DANIEL C. STONE CHRISTOPHER T. GRAVES GADALA E. KRATZER DANIEL G. STRAUB JEFFREY D. GROHARING JOHN A. KRISCIUNAS SCOTT T. TASIN JOHN K. JARRARD JOHN W. KURTZ MATTHEW C. THOMAS ERIK W. JILSON JEFFREY E. LAMPHEAR RODNEY A. THOMAS JOHN D. KAUFFMAN MICHAEL C. LANGBEHN JOSEPH P. THOMPSON III JOHN F. KIDD BRENDAN J. LEARY MICHAEL B. THOMPSON JOHN D. KNAPP RICHARD LEBRON ANDREW J. THOMSON CHRISTOPHER M. LONG ANDREW G. LIGGETT JOSEPH F. TORIAN, JR. HOWARD K. MAROTTO II JONATHAN D. LIPPS BLAKE J. TORNGA PETER W. MCCORMICK PRICE J. LOCKARD THOMAS A. ULMER RONALD S. MCGINTY TOMMY F. LOCKE, JR. JONATHAN G. VOORHEIS WILLIAM H. MCHENRY II DAVID LOO TIMOTHY L. WAITS RICHARD J. MENDELOW KEVIN W. MACY RICHARD W. WHITFIELD PERCY T. MOORE JAMES R. MCIVER TIMOTHY B. WILKE ANDREW J. MUNRO KEVIN O. MOLLER ALAN R. WING JOHN T. NGUYEN STEPHEN E. MONGOLD THOMAS R. WINKLER CHRISTOPHER OBALLE GARY G. MONTALVO, JR. ERNEST M. WINSTON FELIPE PAEZ TIMOTHY B. MOORE DORSEY G. WISOTZKI WILLIAM J. PALMER JEFFREY V. MORGANTHALER MICHAEL L. WITHERSPOON SIDNEY R. PARK MICHAEL C. MOSBRUGER RONALD L. WITHROW RODOLFO A. QUILES WILLIAM G. MUSSER TODD C. ZENNER THOMAS J. READY IV THOMAS E. MYERS JESSE J. ZIMBAUER ROBERT E. RHODE III MELVYN N. NAIDAS RICHARD J. RILEY TODD J. NETHERCOTT IN THE MARINE CORPS JEFFREY A. STERNBERG MARK C. NEWKIRK DANIEL S. SULLIVAN MARK S. NIESWIADOMY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MICHAEL R. TEUBNER EDWARD J. OGRADY III IN THE GRADE INDICATED IN THE REGULAR MARINE TROY C. WARE FRANK E. OKATA CORPS UNDER TITLE 10, U.S.C., SECTION 531: DOUGLAS S. WOODHAMS

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