[Congressional Record Volume 163, Number 124 (Monday, July 24, 2017)]
[Senate]
[Pages S4128-S4130]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                  North American Free Trade Agreement

  Mr. FLAKE. Mr. President, it has been 2 months since Ambassador 
Lighthizer notified Congress of the administration's intent to enter 
into negotiations with Mexico and Canada on the North American Free 
Trade Agreement. During that time, I launched something called NAFTA 4 
AZ, which is an initiative to allow Arizonans to share their stories 
about how NAFTA has changed their lives for the better.
  I have heard from Arizonans across the State who work in a multitude 
of industries--from dairy farmers to call center employees--and the 
responses I have received are overwhelmingly positive. For example, 
Matt Mandel, who serves as chief operating officer for SunFed, a 
company based in Rio Rico, shared his personal story.
  Matt wrote:

       Fresh produce trade has kept my family working here in the 
     State of Arizona for three generations. Arizona imports over 
     17

[[Page S4129]]

     billion pounds of fresh, healthy fruits and vegetables--
     bilateral trade between the United States and Mexico 
     representing over $40 billion. Let's modernize NAFTA.

  Mignonne Hollis with the Arizona Regional Economic Development 
Foundation tweeted:

       NAFTA and our trade partners in Mexico have allowed us to 
     grow the aerospace industry in southern Arizona, which is key 
     to our economic development.

  Dairy farmer Jim Boyle notes:

       Most of our customers are local--right here in our State--
     but our biggest customer outside of Arizona is Mexico. We 
     ship daily loads of cheese, powder, and tank loads of cream 
     all the way through Mexico. Please, let's keep NAFTA working 
     for the American farmer.

  Other comments I have received through my website include statements 
like ``I have enjoyed a constant supply of fresh fruits and vegetables 
in these years of NAFTA. I have also noticed . . . how relatively 
inexpensive many household items have been since'' and ``We supply 
parts that cross the border multiple times before they reach final 
assembly in the U.S. Free trade is vital to our success and the success 
of our customers who not only get us where we need to go but protect 
our shores and vital interests.''
  The Arizona Chamber of Commerce noted in its comments on NAFTA:

       Agreement is central to the State's economic prosperity.

  The NAFTA agreement, that is.

       Mexico is Arizona's leading trade partner. Canada is the 
     State's second leading trade partner.

  In an interview focused on the NAFTA renegotiation process, the CEO 
of Arizona's Hispanic chamber stated: ``We know that Mexican nationals 
spend over a billion dollars a year in just Pima County.'' That is just 
one county.
  It is hardly surprising to hear such overwhelmingly positive support 
for NAFTA, considering the benefits it has had on Arizona's economy.
  NAFTA 4 AZ has helped to put on paper what Arizonans know all too 
well: NAFTA plays a critical role in supporting jobs, opportunity, and 
economic growth. It has been great to hear from people all over the 
State talking about how NAFTA has helped them and asking the 
administration to modernize NAFTA, not to end it.
  NAFTA 4 AZ submissions, as well as comments submitted to the USTR 
from Arizona stakeholders, share one common plea: Do not harm the 
trilateral structure and the reciprocal market access of NAFTA.
  Earlier this week the Office of the U.S. Trade Representative made 
public its negotiating objectives for NAFTA. Based on what the USTR 
released, it appears the administration has recognized the importance 
of this central tenet of NAFTA. I am pleased that it appears that the 
administration will seek to modernize NAFTA along the well-worn lines 
of what was negotiated for the now defunct Trans-Pacific Partnership 
Agreement.
  I think we can all agree that addressing the issues of digital trade 
and intellectual property in the agreement, which is more than 20 years 
old, is the key to NAFTA's continued success. Let's modernize it, not 
end it.
  However, these negotiating objectives mark the next step in a long 
process that will have tremendous impact on Arizona's economy, for 
better or for worse. Unfortunately, the path forward for NAFTA remains 
uncertain and there is a long road to travel before we get to a place 
where the United States, Mexico, and Canada can all agree to an updated 
NAFTA.
  From the vegetable fields of Yuma to the warehouses in Nogales, to 
the small retailers along the southern border, to the hotels throughout 
the valley, to the ranches up north where I grew up in Snowflake, NAFTA 
is important to all Arizonans.
  I will review the administration's objectives closely as I continue 
to talk to Arizonans about what they need to ensure vibrant cross-
border trading.
  I look forward to continued consultation between Congress and the 
administration as this process to modernize NAFTA moves forward.
  Thank you, Mr. President.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Alaska.
  Ms. MURKOWSKI. Mr. President, I have come to the floor to speak this 
evening in support of the confirmation of David Bernhardt to be Deputy 
Secretary of the Department of the Interior.
  The Deputy Secretary is the department's COO, or chief operating 
officer. This is the individual who holds the position to really 
execute the strategy and oversee the initiatives that are undertaken by 
thousands of employees as they carry out their statutory duties and the 
administration's agenda. It is a very key position.
  I believe very strongly that Secretary Zinke has chosen a strong 
individual for this position of Deputy Secretary. Mr. Bernhardt is a 
fellow westerner. He comes from the small town of Rifle, CO. He 
understands the management of Federal lands and how it affects those 
who live near them, the implications of Federal policies, and the need 
for balance between conservation and development.
  David is an avid sportsman. He likes to hunt. He likes to fish. He 
likes to get outside and enjoy the outdoors.
  Mr. Bernhardt also has extensive experience at the Department of the 
Interior. He previously spent several years as its solicitor, and this 
is a position for which he was confirmed by this Senate Chamber by 
voice vote. So he has gone through this process before and was endorsed 
strongly at the time.
  Throughout his time at the Department of the Interior, Mr. Bernhardt 
gained expertise about a range of Alaska and western issues. He also 
has a strong reputation as a manager which, of course, is critical for 
a Deputy Secretary.
  Mr. Bernhardt's nomination is supported by dozens of Members of this 
Chamber and by dozens of stakeholder groups. He has been endorsed by a 
broad coalition of sportsmen's groups as well, including Ducks 
Unlimited, the Safari Club, and the Theodore Roosevelt Conservation 
Partnership. The Association of Fish and Wildlife Agencies, the 
National Water Resources Association, the Family Farm Alliance, NCAI, 
or the National Conference of American Indians, and the Southern Ute 
Indian Tribe are just a few more that have weighed in favorably on his 
behalf.
  Mr. Bernhardt also fared well throughout the confirmation process, 
proving again that he is a good choice for this role. We held a hearing 
on his nomination on May 18. We reported him favorably from the Energy 
and Natural Resources Committee with bipartisan support. We moved that 
out on June 4. So we have had about 6 weeks now where others have had 
an opportunity to review him and review his credentials. It is 
unfortunate that he has had to wait 6 weeks. I know that Secretary 
Zinke is anxious to put him to work. He is now ready this evening to be 
confirmed by the full Senate.
  I would like to thank David Bernhardt for his willingness to return 
to Federal service. I think he will be a very capable second-in-command 
for Secretary Zinke, helping to steer the Department in a positive 
direction. Alaskans, especially this one, are looking forward to 
working with him.
  I urge my colleagues to support Mr. Bernhardt's confirmation.
  I yield the floor.
  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. DAINES. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DAINES. Mr. President, I ask unanimous consent that I be allowed 
to complete my remarks.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DAINES. Mr. President, David Bernhardt is a well-qualified 
nominee to serve as our next Deputy Secretary of the Interior.
  The Department of the Interior is charged with managing our wildlife, 
our public lands, including our national parks and refuges, and our 
Nation's rich natural resources, which are key to American energy 
independence. They are charged with the sacred responsibility of 
protecting the Federal Government's trust responsibility to Indian 
Tribes.
  Managing the Department of the Interior is a complex balancing act. 
We need someone who is able to balance these competing interests, and 
we need someone who understands the importance of our public lands.

[[Page S4130]]

  David Bernhardt has spent his life balancing competing interests, 
weighing the stewardship of our natural resources and wildlife with the 
letter of the law. His relationship to our lands and the western way of 
life is not second nature; it is first.
  Mr. Bernhardt was confirmed unanimously by the Senate in 2006 as the 
Solicitor of the Department. As Solicitor he proved he was capable of 
upholding the law, even under difficult situations. My colleagues may 
remember that he wrote the opinion that decided to list the polar bear 
and drafted a workable rule. As we know, Secretary Salazar then upheld 
this rule.
  As Solicitor, he prioritized establishing a robust ethics team at the 
Department. That ethics team still exists today.
  Mr. Bernhardt has proven to have the highest level of integrity and 
work ethic. For heaven's sake, he is a westerner. He is from Rifle, CO, 
and the importance of our public lands and wildlife flows through his 
veins like a lot of us who live out West. I have confidence that he 
will be a dedicated servant to our western way of life, where we love 
to hunt, to fish, to hike on our public lands. I have confidence in 
this because I know he loves this way of life as well.
  I am not the only one who has this confidence. Listen to this list of 
support from groups across our country that support his appointment: 
the Theodore Roosevelt Conservation Partnership; Ducks Unlimited; the 
Rocky Mountain Elk Foundation, the Boone and Crockett Club, and others 
that many Montanans are members of, including the Mule Deer Foundation, 
the NRA, and the National Shooting Sports Foundation.
  While the U.S. Senate confirmed Ryan Zinke as Secretary of the 
Interior, he became the first Montanan, my friend Ryan Zinke, to serve 
on the President's Cabinet since our statehood in 1889. It sent a 
message that the Department of the Interior would have our Montana 
values and our western values, and the confirmation of David Bernhardt 
as Deputy Secretary would make good on that promise.
  While Montanans and westerners highly value access to our public 
lands and wildlife, Montanans are also pleading--pleading--for our land 
management agencies to be better partners, to work alongside our 
States, and to work alongside our landowners.
  Secretary Zinke needs a right-hand man to make sure we uphold our 
commitment to Indian Nations. Secretary Zinke promised to rebuild trust 
in our Federal land and wildlife management agencies and strengthen the 
government-to-government relationship with Indian Tribes. He needs a 
deputy in place who can help implement this vision to restore trust and 
balance to the Department of the Interior for Montanans.
  My colleagues, it is time Secretary Zinke has a Deputy we can all 
count on, and I look forward to casting my vote for David Bernhardt.
  The PRESIDING OFFICER. Under the previous order, all postcloture time 
is expired. The question is, Will the Senate advise and consent to the 
Bernhardt nomination?
  Mr. SASSE. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. CORNYN. The following Senators are necessarily absent: the 
Senator from Tennessee (Mr. Alexander), the Senator from West Virginia 
(Mrs. Capito), the Senator from Arizona (Mr. McCain), and the Senator 
from Pennsylvania (Mr. Toomey).
  Further, if present and voting, the Senator from Tennessee (Mr. 
Alexander) would have voted ``yea.''
  The PRESIDING OFFICER (Mr. Lankford). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 53, nays 43, as follows:

                      [Rollcall Vote No. 166 Ex.]

                                YEAS--53

     Barrasso
     Bennet
     Blunt
     Boozman
     Burr
     Cassidy
     Cochran
     Collins
     Corker
     Cornyn
     Cotton
     Crapo
     Cruz
     Daines
     Donnelly
     Enzi
     Ernst
     Fischer
     Flake
     Gardner
     Graham
     Grassley
     Hatch
     Heitkamp
     Heller
     Hoeven
     Inhofe
     Isakson
     Johnson
     Kennedy
     King
     Lankford
     Lee
     Manchin
     McConnell
     Moran
     Murkowski
     Paul
     Perdue
     Portman
     Risch
     Roberts
     Rounds
     Rubio
     Sasse
     Scott
     Shelby
     Strange
     Sullivan
     Thune
     Tillis
     Wicker
     Young

                                NAYS--43

     Baldwin
     Blumenthal
     Booker
     Brown
     Cantwell
     Cardin
     Carper
     Casey
     Coons
     Cortez Masto
     Duckworth
     Durbin
     Feinstein
     Franken
     Gillibrand
     Harris
     Hassan
     Heinrich
     Hirono
     Kaine
     Klobuchar
     Leahy
     Markey
     McCaskill
     Menendez
     Merkley
     Murphy
     Murray
     Nelson
     Peters
     Reed
     Sanders
     Schatz
     Schumer
     Shaheen
     Stabenow
     Tester
     Udall
     Van Hollen
     Warner
     Warren
     Whitehouse
     Wyden

                             NOT VOTING--4

     Alexander
     Capito
     McCain
     Toomey
  The nomination was confirmed.
  The PRESIDING OFFICER. The majority leader is recognized.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that with 
respect to the Bernhardt nomination the motion to reconsider be 
considered made and laid upon the table and the President be 
immediately notified of the Senate's action.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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