[Congressional Record Volume 163, Number 123 (Thursday, July 20, 2017)]
[Senate]
[Pages S4094-S4098]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                           EXECUTIVE CALENDAR

  Mr. ENZI. Madam President, I ask unanimous consent that the Senate 
resume consideration of the Bernhardt nomination.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  The clerk will report the nomination.
  The senior assistant legislative clerk read the nomination of David 
Bernhardt, of Virginia, to be Deputy Secretary of the Interior.
  The PRESIDING OFFICER. The Senator from Florida.
  Mr. NELSON. Madam President, I want to discuss this nomination.
  I am here to add my voice to those of my colleagues who oppose the 
nomination of David Bernhardt to be Deputy Secretary of the Interior. 
There are a host of reasons--from his history of censoring scientists 
to his denial of climate change--but I am going to limit my remarks to 
his allegiance to the oil industry and, specifically, his disregard for 
the importance of a moratorium on any drilling in the eastern Gulf of 
Mexico.
  During his confirmation process, he gave some very troubling 
responses to questions about the moratorium from the ranking member, 
Senator Cantwell. She asked: ``Do you support the current moratorium in 
relation to offshore drilling in the Eastern Gulf of Mexico?''
  He responded:

       I am aware that, in response to the President's recent 
     Executive Order on the Outer Continental Shelf, Secretary 
     Zinke issued a Secretarial Order 3350 directing the Bureau of 
     Ocean Energy Management to review and develop a new five-year 
     plan. I support the President's and the Secretary's actions 
     to examine new leasing opportunities within the OCS in order 
     to advance the Administration's energy agenda.

  Then Senator Cantwell asked him: ``Do you support extending this 
moratorium?''
  He responded: ``I support the President's and the Secretary's actions 
aimed at increasing offshore production while balancing conservation 
objectives.''
  First of all, when it comes to the eastern gulf, there is no good way 
to increase offshore production while balancing environmental concerns. 
The gulf--the eastern gulf is still recovering from the horrific 2010 
Deepwater Horizon explosion, which fouled the gulf all the way east 
into most of the Panhandle of Florida.
  Secondly, as I have explained time and again, it makes no sense to 
drill in an area that is critically important to the U.S. military and 
is the largest testing and training area for the U.S. military in the 
world, where we are testing our most sophisticated weapons systems and 
where we are sending our fighter pilots who need the open space to 
train. That is why they have the F-22 training at Tyndall Air Force 
Base. That is why they have training for pilots on the F-35 at Eglin 
Air Force Base. That is also why the Chief of Staff of the Air Force 
wrote in a letter just recently, ``The moratorium is essential for 
developing and sustaining the Air Force's future combat capabilities.''
  I ask unanimous consent to have the two letters printed in the 
Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                     Office of the Under Secretary


                                                   of Defense,

                                   Washington, DC, April 26, 2017.
     Hon. Matt Gaetz,
     House of Representatives,
     Washington, DC.
       Dear Representative Gaetz: Thank you for your letter dated 
     March 24, 2017, regarding maintaining the moratorium on oil 
     and gas activities in the Gulf of Mexico beyond 2022. Since 
     military readiness falls under my purview, I have been asked 
     to respond to your letter on behalf of the Secretary of 
     Defense. The Department of Defense (DoD) cannot overstate the 
     vital importance of maintaining this moratorium.
       National security and energy security are inextricably 
     linked and the DoD fully supports the development of our 
     nation's domestic energy resources in a manner that is 
     compatible with military testing, training, and operations. 
     As mentioned in your letter, the complex of eastern Gulf of 
     Mexico operating areas and warning areas provides critical 
     opportunities for advanced weapons testing and joint training 
     exercises. The moratorium on oil and gas ``leasing, pre-
     leasing, and other related activities'' ensures that these 
     vital military readiness activities may be conducted without 
     interference and is critical to their continuation. Emerging 
     technologies such as hypersonics, autonomous systems, and 
     advanced sub-surface systems will require enlarged testing 
     and training footprints, and increased DoD reliance on the 
     Gulf of Mexico Energy Security Act's moratorium beyond 2022. 
     The moratorium is essential for developing and sustaining our 
     nation's future combat capabilities.
       Since signing the 1983 ``Memorandum of Agreement Between 
     the Department of Defense and the Department of the Interior 
     on Mutual Concerns on the Outer Continental Shelf,'' the two 
     departments have worked cooperatively to ensure offshore 
     resource development is compatible with military readiness 
     activities. During recent discussions between the DoD and the 
     Department of the Interior's Bureau of Ocean Energy 
     Management, a question arose concerning whether Congress 
     intended the moratorium to prohibit even geological and 
     geophysical survey activities in the eastern Gulf. We would 
     welcome clarification from Congress concerning this matter.
       On behalf of the Secretary, I appreciate your interest in 
     sustaining our testing and training activities in the eastern 
     Gulf of Mexico.
           Sincerely,
                                                       A.M. Kurta,
      Performing the Duties of the Under Secretary of Defense for 
     Personnel and Readiness.
                                  ____

                                      Department of the Air Force,


                                 Office of the Chief of Staff,

                                    Washington, DC, June 27, 2017.
     Hon. Bill Nelson,
     United States Senate,
     Washington, DC.
       Dear Senator Nelson: I write this letter in whole-hearted 
     support of a proposal seeking to extend the moratorium on 
     leasing, preleasing, or any other related activity in any 
     area east of the Military Mission Line in the Gulf of Mexico. 
     I understand this provision is being considered for inclusion 
     in the National Defense Authorization Act for Fiscal Year 
     2018.
       The Air Force fully supports the development of our 
     nation's domestic energy resources in a manner that is 
     compatible with the military testing, training, and 
     operations. The complex of eastern Gulf of Mexico operating 
     areas and warning areas provides critical opportunities for 
     advanced weapons testing and joint training exercises. The 
     moratorium on oil and gas leasing, pre-leasing, and other 
     related activities ensures that these vital military 
     readiness activities may be conducted without interference 
     and is critical to their continuation. Of course, we are 
     always willing to work with the appropriate agencies to see 
     if there are ways to explore for energy without hampering air 
     operations.
       The moratorium is essential for developing and sustaining 
     the Air Force's future combat capabilities. Although the Gulf 
     of Mexico Energy Security Act's moratorium does not expire 
     until 2022, the Air Force needs the certainty of the proposed 
     extension to guarantee long-term capabilities for future 
     tests. Emerging technologies such as hypersonics, 5th 
     generation fighters, and advanced sub-surface systems will 
     require enlarged testing and training footprints, and 
     increased Air Force reliance on the moratorium far beyond 
     2022.

[[Page S4095]]

       Please don't hesitate to contact me if you have any 
     questions. I look forward to continuing our work with you to 
     ensure America's Air Force remains the very best.
           Sincerely,
                                                David L. Goldfein,
                                    General, USAF, Chief of Staff.

  Mr. NELSON. The letters--one from the Office of the Secretary of 
Defense and the other from General Goldfein, the Chief of Staff of the 
Air Force--state they are needing to put a major investment of 
telemetry into the eastern gulf range for all of these sophisticated 
weapons systems, and they don't want this investment of the 
infrastructure with the moratorium ending in the year 2022. They want 
to extend the moratorium for another 5 years, to 2027. That is a 
reasonable request by the Department of Defense and the Department of 
the Air Force.
  For example, a test can start way down in the South, off of Key West, 
and a cruise missile could go all the way, 300 miles, because of the 
size of this test range, and then it could have a land impact on Eglin 
Air Force Base. That is part of our testing regime.
  One could ask, Why couldn't the cruise missile weave around oil rig 
activities? Well, look at the new miniature cruise missiles that are 
out there. It is not one, but a swarm, which takes up a big footprint 
that we are testing. This is just one example of a weapons system that 
needs a lot of open space. This is a national asset. We don't want to 
give it up. That is why the top brass in the Pentagon is asking that we 
extend this moratorium so that those expensive investments in telemetry 
can be made.
  We should not put someone in charge at the Department of the Interior 
if he has an open objection to what is obviously needed for national 
security and if he has demonstrated a history of siding just with 
special interests. It would be a bad decision when it comes to the 
national security of this country.
  I am going to oppose the nomination, but that is just one reason, one 
item, on an ever-growing list of concerns that this Senator has with 
the Department of the Interior these days.
  On June 29, Secretary Zinke announced that the Department was seeking 
public comment on a new 5-year plan for offshore oil and gas leasing. 
In case anyone has forgotten, the current 5-year plan was just 
finalized 6 months ago and is supposed to run through 2022. Why would 
the Department spend more taxpayer money to go through the whole 
process all over again? The only reason this Senator can see is that 
the oil industry wants more acreage. They are going after the eastern 
Gulf of Mexico, despite the fact that the Department of Defense is 
asking for exactly the opposite.
  By the way, they ought to take from the very productive sections of 
the Gulf of Mexico off of Louisiana. There are acres and acres under 
lease, but of all those acres under lease, how many are actually 
drilled and/or in production? It is a small percentage of the acreage 
under lease that is actually drilled. So why don't we take advantage of 
the existing leases, particularly in the central gulf, which is where 
the oil is? That is where all the sediments over millions of years came 
down the Mississippi River, settled in what is today the gulf, into the 
Earth's crust, compacted it, and made it into oil. That is where the 
oil is.
  Now, remember, also out there in the eastern gulf, this is the area 
that is off limits. This is the Eglin Gulf Test and Training Range. The 
Air Force wants to extend that moratorium from 2022 by 5 years--out to 
2027--in order to protect it for all of these reasons we have been 
discussing. It is all of that open space, and we ought not give it up.
  I will give you another example of the short memories over at the 
Department of the Interior.
  After the 2010 BP oilspill, it became clear that the relationship 
between regulators and the oil industry was a problem so the Minerals 
Management Service was divided into two separate agencies in the 
Department of the Interior--the Bureau of Ocean Energy Management, 
which regulates lease sales, and the Bureau of Safety and Environmental 
Enforcement, which is supposed to ensure that safety standards are 
followed. Less than a decade later, people seem to have forgotten all 
of that, and they want to put the two back together again. It is 
another example of what is going on. Not only that, but the 
administration is trying to roll back the safety rules, like the well 
control rule that was finalized in November of last year. This long-
overdue rule seeks to prevent what went so tragically wrong on the 
Deepwater Horizon rig from ever happening again.
  Every day, it seems like the administration is coming up with a new 
way to put the gulf at risk and Florida's coastline and tourism-driven 
economy at risk. It is now putting at risk the national security of the 
country by messing up the largest testing and training range for the 
U.S. military and the world. It is utilized by all branches of service. 
As a matter of fact, when they stopped the Atlantic fleet of the Navy 
from doing all of its training off of Puerto Rico on the Island of 
Vieques, all of that training came to the gulf. The Navy squadrons come 
down for 2 weeks at a time to the Naval Air Station Key West, with the 
airport actually being on Boca Chica Key, and when they lift off on the 
runway, within 2 minutes, those F/A-18s are over restricted airspace so 
they do not have to spend a lot of time and fuel in getting to their 
training area.
  I have heard from business owners, and I have heard from residents 
across the entire State of Florida. They do not want drilling in the 
eastern gulf. They have seen what can happen when the inevitable spill 
happens. We lose an entire season of tourism, and all of that revenue 
goes away, along with that loss.
  Why do they know that?
  The BP oilspill was off of Louisiana, but the winds started carrying 
the oil slicks to the east. It got as far east as Pensacola Beach, and 
the white, sugary sands of Pensacola were covered in black oil. That 
was the photograph that went around the world. The winds continued to 
push it, and tar mats came over and got onto the beach at Destin. We 
were desperately trying to keep the oil from going into the 
Choctawhatchee Bay at Destin like it had already gone into the 
Pensacola Bay at Pensacola. The winds kept pushing it to the east, and 
the tarballs ended up all over the tourism beaches of Panama City. Then 
the winds did us a favor--they reversed, and they started taking it 
back to the west.
  So there was oil on some of the beaches, but what happened for an 
entire year of the tourist season? The tourists did not come to the 
gulf beaches, not only in Northwest Florida but all down the peninsula, 
all the way down to Marco Island, and they lost an entire tourist 
season. That is why people are so upset about any messing around.
  This Senator brings this to us as I have spoken of what has happened 
and have stood up for over the last four decades in order to fight to 
prevent those kinds of spills from happening again off the coast of the 
State of Florida.
  Yet now we have, right here, an issue in front of us, something that 
could threaten the Department of Defense's mission for being ready to 
protect this Nation. In that case, my recommendation to the Senate is 
not to vote for this nomination for Deputy Secretary of the Interior 
because of his history and because of how he responded to Senator 
Cantwell in the committee.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER (Mrs. Ernst). The clerk will call the roll.
  The senior assistant legislative clerk proceeded to call the roll.
  Ms. CANTWELL. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Ms. CANTWELL. What is the pending business?
  The PRESIDING OFFICER. The Bernhardt nomination is pending.
  Ms. CANTWELL. I thank the Chair.
  Madam President, I rise today to speak about the Bernhardt nomination 
to be Deputy Secretary of the Interior.
  The Deputy Secretary plays an important role in forming and carrying 
out the administration's policy on a broad range of issues. These 
issues include our Nation's public lands, our national parks, our 
national wildlife refuges, our water resources, mineral and energy 
development on public lands and Federal waters, carrying out our trust 
responsibilities to our Tribal nations, and working with our 
territories and Freely Associated States.
  The Deputy Secretary also performs very important functions as it 
relates

[[Page S4096]]

to the Secretary or in the Secretary's absence. In virtually all 
matters, the Deputy Secretary has the authority of the Secretary. That 
is why I look at this position with such an important critique, because 
we know in past positions there have been conflicts, and we know we 
have important policies to discuss, and we need to make sure we have no 
conflicts of interest.
  I have made no secret that I have concerns about this nomination. Mr. 
Bernhardt is no stranger to this body and he is no stranger to the 
Department of the Interior. He held a number of senior political 
positions in the Department during the Bush administration beginning in 
2006.
  After leaving the Department in 2009, he returned to a successful 
private practice. For 8 years, he has represented a wide range of 
clients, including oil and gas companies, mining companies, and water 
supply interests in California, just to name a few. If he is confirmed, 
he will oversee the same companies at the Department of the Interior; 
that is, he will be making decisions on the same things that he lobbied 
for at the agency, and now he will be on the other side of the table 
and be able, after a short period of time, to make decisions in those 
areas.
  So, as I said at his confirmation hearing--I'm not suggesting that 
just working for the private sector disqualifies someone, but when you 
have a wide range of issues that you have worked on in the private 
sector and now you are going to be on the other side of the table, it 
brings up concerns.
  The President of the United States traveled the country when he was 
campaigning and said he wanted to drain the swamp from special 
interests, and he has repeated that many times over the last few years. 
But with Mr. Bernhardt's nomination, I am afraid he is not draining the 
swamp, he is actually helping to fill it.
  The nominee's private sector experience as a registered lobbyist for 
companies whose main public policy focuses are in the Department of 
Interior creates an appearance of a conflict of interest. Also, the 
nominee wants to lead the Department that he sued four times.
  It is true that Mr. Bernhardt has considerable experience. We saw 
another nominee come to this same post in a past administration on the 
same basis. People thought he had a lot of experience in a lot of these 
cases, but he obviously didn't follow the law and ended up going to 
jail because of his overreaching within the agency and organization.
  So these are very important public policy issues, public lands 
issues--interests that the American people need to make sure are 
aboveboard and no conflicts of interest.
  Mr. Bernhardt served in the highest levels of the Department of the 
Interior at a time when the inspector general called it ``a culture of 
ethical failure.'' I know that at the hearing he told us he tried to 
help change that failure of culture within the agency. The Inspector 
General also testified that ``ethics failures on the part of senior 
department officials--taking the form of appearances of impropriety, 
favoritism and bias--have been routinely dismissed with a promise `not 
to do it again.' ''
  While Mr. Bernhardt has given testimony about the fact that he tried 
to help change and get away from that culture, I still have concerns 
that his private sector client base poses a significant problem. The 
nominee's extensive client base in the area, which falls under the 
jurisdiction of the Department of the Interior, creates at least an 
inherent appearance of conflict. He and his clients have lobbied 
extensively on such matters as the Cadiz pipeline in California, 
opening up the Arctic National Wildlife Refuge to oil exploration, and 
weakening the Endangered Species Act. He has advocated in favor of 
expanding offshore drilling and lifting the moratorium in the Gulf 
after the Deepwater Horizon disaster. He also represented Westlands 
Water District, the Nation's largest irrigation district, as a 
registered lobbyist. His law firm represented Westlands in four 
different lawsuits against the Department of the Interior.
  In November 2016, he joined the Trump transition team, and Mr. 
Bernhardt deregistered as a lobbyist for Westlands yet continued to 
work for them in some capacity.
  As the ranking member of the Energy and Natural Resources Committee, 
I raised concerns about these issues with the nominee during his 
confirmation hearing. He has submitted required financial disclosure 
and ethics forms, but there are specific questions we want to make sure 
are addressed.
  He has declined to comment on recusing himself beyond just the 1-year 
minimum that is required by the ethics rules. I know Mr. Bernhardt says 
he will comply with whatever the organization and agency requires, but 
we don't have the time, given the long list of conflicts of interest 
and given that past case representation, to constantly know every issue 
and every meeting and every oversight to make sure that undue influence 
is not being pressured at the Department of Interior.
  The President of the United States, who nominated Mr. Bernhardt, told 
the Times just yesterday in a conversation about the Attorney General: 
``If he was going to recuse himself, he should have told me before he 
took the job and I would have picked someone else.'' Well, I hope that 
is not the issue here. I hope the agency isn't running fast toward 
somebody who just won't recuse themselves in hopes that they will get 
someone who will do the bidding of these interests and not take into 
consideration the complexity, the legal structure, and the challenges 
that dealing with these issues takes.
  In fact, as late as March of this year, Mr. Bernhardt's firm was 
submitting invoices to Westlands for lobbying charges with itemized 
expenses. Documents show he was engaged in regular contact with 
congressional offices and working on legislation and efforts to inform 
administration policy at the same time he was serving on the Trump 
transition team.
  Even the appearance that Mr. Bernhardt was still lobbying on behalf 
of clients that do business with the Department of the Interior at the 
same time he wants to help lead it validates some of the concerns we 
have been expressing.
  I remain concerned about his record on behalf of these corporations 
at the expense of the environment and his tenure at the Department of 
the Interior and many other challenges. The Department's 
responsibilities and jurisdictions are just too vast. They are too 
important to the American people to just green-light someone who I 
believe will be very challenged in doing this job. So I urge my 
colleagues to oppose this nomination.
  Just today, a complaint was filed with a U.S. Attorney about this 
nominee's alleged lobbying activities based on new records available 
pursuant to California public records law. I want answers from the 
nominee. We are going to continue to ask questions.
  In the meantime, I ask my colleagues to oppose this nomination. Make 
sure we get the answers we need before the nomination of David 
Bernhardt can continue.
  I thank the Presiding Officer.
  I yield the floor.
  Madam President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. GARDNER. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. GARDNER. Madam President, it is my honor to come to the Senate 
floor today to talk in support of a fellow Coloradan's nomination to be 
the Deputy Secretary of the Department of the Interior--David 
Bernhardt. I am very excited about his nomination, strongly support his 
nomination, and believe that my fellow Coloradan will do an absolutely 
incredible job for Colorado and for the rest of this country at the 
Department of the Interior.
  I had the great honor just a month or more ago of welcoming David to 
the committee and welcoming his beautiful family there with him that 
day. I reminded his oldest son Will about the connection that my family 
and our oldest child will always have with Will, because when my wife 
Jaime was working at the Department of the Interior, our oldest 
daughter Alyson spent some time at daycare with David Bernhardt's son 
Will, as well. It was the same daycare and the same work Jaime and 
David did at the Department of the Interior, working together

[[Page S4097]]

all those years. But there is more than that. There are more 
connections I will share, between David Bernhardt and me, and one of 
the many reasons why I support him.
  I have known him personally and professionally for nearly two 
decades. We both grew up in rural Colorado. I am from the Eastern 
Plains of Colorado, and Mr. Bernhardt is from the Western Slope. I am 
from the flatlands, and he is from the mountains. We share a lot of 
common interests in rural development and saving small towns.
  We both began our public service 1 year apart, interning in the 
Colorado State Legislature for a member of the Colorado State 
Legislature named Russell George, who would go on, eventually, to 
become the Colorado speaker of the house.
  I will never forget when I began. It was in the second term of then-
State Representative Russell George. I worked for him on Tuesdays and 
Thursdays in an internship through Colorado State University. He said: 
You should reach out and meet last year's intern because I think he 
could help you figure out the ropes around here and what you should 
know about the internship. He gave me the phone number for David 
Bernhardt. So I followed in the footsteps of David Bernhardt at the 
capitol, and I am excited to see the work that he continues to do.
  As I mentioned, Mr. Bernhardt worked with my wife Jaime at the 
Department of the Interior, and, at one point, their offices were just 
around the corner from one another. His personal background and public 
and private sector professional experiences prove that he is a strong 
voice for the West and extremely well-qualified for the nomination to 
be Deputy Secretary. He has extensive insight on western water policy, 
natural resource policy, and Indian affairs, just to name a few. Those 
who have worked with Mr. Bernhardt commend him for his integrity and 
wealth of knowledge on the issues under the jurisdiction of the 
Department of the Interior.
  In 2008, after the Department reached the largest Indian water rights 
settlement in the Nation's history, Secretary Kempthorne personally 
acknowledged Mr. Bernhardt's work as then-Solicitor and stated: ``His 
effective coordination--both within Interior as well as with the local, 
tribal, state and congressional leaders--was essential to the success 
we celebrate today.''
  The country will indeed benefit from having Mr. Bernhardt serve as 
Deputy Secretary, a position that is the second ranking official within 
the Department and has statutory responsibilities as the chief 
operating officer.
  Along with Mr. Bernhardt's professional career, I believe it is 
important to fully understand his background and the foundation of his 
interest in public lands, which further qualifies him for this very 
important role.
  Mr. Bernhardt is originally from the outskirts of the small town of 
Rifle, CO, located on Colorado's Western Slope. If you have driven 
through the Eisenhower Tunnel, the Veterans Memorial Tunnels, or if you 
go to Grand Junction, CO, you will have been right by and through 
Rifle, CO.
  Few places more fully embody the spirit and mission of the agency he 
has been nominated to lead as Deputy Secretary. Growing up in rural 
Colorado instilled in David strong western values and interests, and, 
to this day, Mr. Bernhardt enjoys hunting, recreation, the outdoors, 
and fishing.
  Rifle is located in Garfield County, an area where about 60 percent 
of the lands are Federal public lands. Think about the work he is about 
to take on upon confirmation: 60 percent of his home county is public 
lands.
  Rifle was founded as a ranching community along the Colorado River, 
and it retains that heritage today, along with tremendous opportunities 
for world-class outdoor recreation, including fishing, hiking, skiing, 
rafting, and rock climbing. It also sits at the very edge of the 
Piceance Basin, an area in Colorado which has vast amounts of natural 
gas.
  David grew up in the oil shale boom and bust and has said that the 
boom-and-bust cycle in Western Colorado has made him more sensitive to 
the potential benefits and the potential impacts--both environmental 
and social--of resources development.
  In the 1980s, his hometown of Rifle was hit hard by the State's oil 
shale crash, and he personally experienced some of the hard times the 
Nation's rural communities often face. Much like the Department of the 
Interior itself, Rifle is a community that is a product of its public 
lands and the western heritage around it. It is centrally located, just 
a few miles away from the iconic Grand Mesa, the world's largest flat 
top mountain. The flat top's wilderness and the Roan Plateau represent 
a home base among these public lands, with virtually unmatched access 
to world-class outdoor experiences, which is why Mr. Bernhardt has such 
a passion for these issues.
  His background and outlook on public lands and water issues assisted 
him in his prior service at the Department of the Interior, including 
in the Solicitor's role. Mr. Bernhardt's confirmation as Solicitor was 
confirmed by voice vote by the U.S. Senate in 2006. By voice vote, he 
was approved the last time he served at the Department of the Interior.
  There have been other nominees--I think this has been a subject of 
debate on his nomination--considered by the Energy Committee and by 
this body who practiced private law from the time between their public 
service appointments at the Department of the Interior and the time 
they would come back to the administration. Mr. Bernhardt has taken the 
same steps these nominees did in order for his nomination to move 
forward today.
  I think it is important to point out the Hayes-Schneider standard 
that was established for the Department of the Interior.
  David Hayes, nominated for Deputy Secretary in the Obama 
administration, was confirmed by the Senate. He had previously served 
in the Clinton administration, and then he served in the Obama 
administration. In between that time, he had a private law practice.
  Janice Schneider, nominated for Assistant Secretary under President 
Obama, served in the Clinton administration but in between served in a 
private law practice. What we see is another nominee who is a dedicated 
public servant, has gained experience in the private sector, and is 
willing to come back to public service to give back to our great 
country.

  Mr. Bernhardt's integrity and ability are two of his strongest 
qualities for his nomination. Public service requires certain 
sacrifices. I certainly appreciate Mr. Bernhardt's and his family's 
acceptance of the nomination that will be considered by this body 
today.
  I hope the Senate process has not become a broken process, which 
disincentivizes qualified people--like Mr. Bernhardt, who is held in 
high professional regard--from serving and from returning to public 
service. That is why I hope his nomination today receives strong 
bipartisan support.
  As the Senate takes up the vote on this nomination, I urge my 
colleagues to hold this nominee to the same practice, the same process 
to which we hold all nominees who are under consideration before the 
U.S. Senate.
  There are a number of individuals and organizations that support 
David Bernhardt. The Southern Ute Indian Tribe in Colorado has written 
a letter of support for his nomination; the Colorado Water Congress, a 
very important organization made up of environmentalists and water 
users and municipalities, supports David Bernhardt's nomination; the 
Colorado River District supports David Bernhardt's nomination.
  Why are these important? Because these are people who have worked 
with him throughout his career, from the time he was an intern for 
Russell George in the State legislature to the time that he worked with 
Scott McInnis, to the time he worked at a law firm, to the time he 
worked at the Department of the Interior, all the way up until today.
  The National Congress of American Indians supports David Bernhardt as 
Deputy Secretary of the Interior; Ducks Unlimited applauds the 
nomination of David Bernhardt as Deputy Secretary of the Interior; the 
Boone and Crockett Club supports David Bernhardt's nomination to be 
Deputy Secretary of the Interior. The list goes on and on.
  Here is a letter from a wide variety of organizations: the 
International

[[Page S4098]]

Snowmobile Manufacturers Association, the Recreational Vehicle 
Industry, environmental organizations that have done great work in 
conservation, the National Shooting Sports Foundation. These are 
groups, organizations--not partisan efforts, but organizations that 
rely on Democrats and Republicans.
  The Indian Nation supports David Bernhardt's nomination. These are 
Republicans, Democrats, and Independents across the country who believe 
David Bernhardt would do an incredible job at the Department of the 
Interior.
  Here is a letter of support for David Bernhardt from the chief of the 
Penobscot Nation. The National Cattlemen's Beef Association supports 
the nomination of David Bernhardt. The list goes on and on.
  To my colleagues today, from those who know him best, I ask support 
for David Bernhardt, Deputy Secretary of the Department of the 
Interior, and stress the importance of a strong bipartisan vote today 
to show support for our western States that have so much need at the 
Department of the Interior. The work needs to be done so that we can 
start once again getting to the work of the people.
  I yield the floor.