[Congressional Record (Bound Edition), Volume 163 (2017), Part 4]
[Senate]
[Pages 5870-5877]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           EXECUTIVE SESSION

                                 ______
                                 

                           EXECUTIVE CALENDAR

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
Senate will resume executive session to consider the following 
nomination, which the clerk will report.
  The assistant bill clerk read the nomination of Rod J. Rosenstein, of 
Maryland, to be Deputy Attorney General.
  The ACTING PRESIDENT pro tempore. Under the previous order, the time 
until 12:30 p.m. will be equally divided in the usual form.
  The Democratic whip.


                      Days of Remembrance Ceremony

  Mr. DURBIN. Mr. President, I will yield the floor if the Democratic 
leader arrives, but until his arrival, I would like to do two things--
first, join in the comments made by the majority leader, Senator 
McConnell, relative to the Holocaust remembrance.
  This is the day on which we gather in the Rotunda each year to 
remember the atrocities of World War II, which includes remembering the 
Holocaust victims, so many who were Jewish people as well as Polish 
people--the list goes on and on--as well as those who were gay and 
gypsies. This was an ethnic cleansing--the worst ever seen in the 
history of this world. We remember it on this day, as we should.
  Mr. President, on a separate issue, before us now is the nomination 
of Rod Rosenstein to be the Deputy Attorney General of the United 
States.
  The Deputy Attorney General oversees the day-to-day operations of the 
Department of Justice. In any circumstance, this is an important 
position that requires a nominee with experience, independence, 
management

[[Page 5871]]

skills, and good judgment, which is especially true today.
  Many of us questioned whether Attorney General Sessions was the right 
person to be the chief law enforcement officer of the United States of 
America at this moment in history. Unfortunately, many of the actions 
of the new Attorney General, since he was confirmed, have not erased 
these concerns. The Attorney General has already begun making dramatic 
changes at the Justice Department, including on critical issues like 
criminal justice, civil rights, immigration, and funding for crime 
prevention.
  Just last week, Attorney General Sessions disparaged a Federal judge 
from Hawaii who issued an order blocking the Trump administration's 
Muslim travel ban.
  Attorney General Sessions said: ``I really am amazed that a judge 
sitting on an island in the Pacific can issue an order that stops the 
President of the United States from what appears to be clearly his 
statutory and constitutional power.''
  Senator Mazie Hirono, my colleague on the Senate Judiciary Committee 
and the junior Senator from Hawaii, pointed out that Hawaii was granted 
statehood in 1959 and called the Attorney General's comments 
``insulting and prejudiced.''
  Also, last week, Attorney General Sessions called into question the 
status of the Deferred Action for Childhood Arrivals Program, also 
known as DACA. When asked about DACA, Attorney General Sessions said: 
``We can't promise people who are here unlawfully that they're not 
going to be deported.''
  That is exactly what DACA is. It is a commitment to young people who 
were brought to the United States as children and grew up in our 
country that they will be protected from deportation on a temporary 
renewable basis. Attorney General Sessions' statement is contrary to 
his own administration's policy as established by President Trump and 
Homeland Security Secretary John Kelly, who have primary responsibility 
for immigration enforcement.
  The last confirmed nominee for Deputy Attorney General was Sally 
Yates, a veteran prosecutor and U.S. attorney from Georgia. Ms. Yates 
displayed sound judgment as Deputy Attorney General, and she was 
unafraid to speak truth to power.
  Ms. Yates became the Acting Attorney General at the end of the Obama 
administration, and when President Trump signed his unconstitutional 
Muslim ban Executive order on January 27, Sally Yates told the White 
House she could not defend the order in court because she was not 
convinced it was lawful. Ms. Yates was then fired by President Trump 
for disagreeing with him. However, multiple Federal courts agreed with 
Ms. Yates' position and blocked this unconstitutional Executive order. 
Time and history have proven Ms. Yates correct.
  We need a Deputy Attorney General like Sally Yates, who is highly 
competent and has the independence to say no to the President and to 
the Attorney General when necessary.
  Rod Rosenstein has served as the U.S. Attorney for the District of 
Maryland since 2005 under both Democratic and Republican Presidents. I 
do not question his experience or his competence. As a member of the 
Senate Judiciary Committee, I looked closely at his nomination. I asked 
him many questions in the hearing. I sent some followup letters, and I 
appreciate that he has been forthcoming in his responses.
  Mr. Rosenstein has pledged to be an independent voice and has 
committed that he will not recommend any changes in Justice Department 
policies until he evaluates them, discusses them with appropriate 
officials, and determines that changes are warranted.
  I expect he will be confirmed. Upon confirmation, Mr. Rosenstein will 
immediately be tasked with responsibility over critically important 
issues over which he will need to display both sound judgment and 
independence. Four come to mind.
  First is the ongoing investigation into Russia's efforts to interfere 
with the 2016 Presidential election to help the Trump campaign. What 
Russia did in our election last year was a cyber act of war against our 
democracy. It is imperative that we get to the bottom of what happened 
and make sure it never happens again. I have called for an independent, 
bipartisan investigation into Russia's election interference. The 
Republican majority of the House and Senate have resisted this call.
  Instead, Republicans in Congress have referred this matter to the 
Intelligence Committees of both Houses, perhaps hoping it will fade 
away behind closed doors. I hope the Intelligence Committees will step 
up and conduct an investigation that is worthy of the importance of 
this issue, but when it comes to potential criminal acts involving 
Russia's election interference, the responsibility to investigate falls 
solely on the Justice Department.
  Attorney General Sessions has had to recuse himself from the 
investigation because of his work for the Trump campaign and his 
failure to disclose his contacts with Russian officials last year. That 
means the Deputy Attorney General now has the responsibility over this 
investigation.
  It will be incumbent on Mr. Rosenstein to ensure this investigation 
is conducted with independence, diligence, and integrity. I believe 
that appointing a special counsel is the best way to ensure this. I 
hope he will make that appointment. If Mr. Rosenstein does not appoint 
a special counsel, the spotlight will be on him personally to make sure 
the investigation is conducted properly, no matter where it leads. I 
hope he exercises good judgment. This investigation is too important to 
get wrong.
  The second issue that will require independence and good judgment 
from the Deputy Attorney General is the Justice Department's threat to 
withhold Federal funding to prevent violence across America, including 
in the city of Chicago.
  The Trump administration's message has been confusing, to say the 
least, when it comes to Federal efforts to prevent violence. On the one 
hand, President Trump, in the middle of the night, tweets ``Chicago 
needs help,'' and ``Send in the Feds,'' but then the administration 
threatens to cut off critical funding for violence prevention under 
programs like Byrne JAG unless cities agree to turn their local police 
departments into deportation forces.
  It is pretty obvious that cutting off Federal violence prevention 
funding will hurt the cause of violence prevention. Do not take my word 
for it. Ask any law enforcement leader.
  Listen to what the International Association of Chiefs of Police 
said: ``Penalizing communities by withholding assistance funding to law 
enforcement agencies and other critical programs is counterproductive 
to our shared mission of reducing violent crime and keeping communities 
safe.''
  It is no secret that the Attorney General is fixated on immigration, 
but we need the Deputy Attorney General to ensure that this fixation 
does not undermine the important ways that the Justice Department and 
local law enforcement cooperate to reduce violent crime.
  This administration cannot call itself a law-and-order administration 
and then do something like cut the funds for violence prevention when 
police chiefs across America say that is just wrong.
  The third area of critical importance is criminal justice policy. 
Today, our Federal prisons are 30 percent over capacity, and runaway 
prison expenditures are undermining important public safety priorities 
like crime prevention, drug courts, and addiction treatment.
  The largest increase in the Federal prison population has been 
nonviolent drug offenders who are then separated from their families 
for years on end as a result of inflexible mandatory minimum sentences. 
This has a destructive effect on communities and erodes faith in 
America in our criminal justice system.
  Congress needs to pass legislation to reform our Federal drug 
sentencing laws, but the Justice Department's

[[Page 5872]]

policies for nonviolent drug offenses also can help.
  Under the Obama administration, the Smart on Crime Initiative 
directed Federal prosecutors to reserve stiff mandatory minimum 
sentences for individuals convicted of serious offenses. This 
initiative has been very effective in focusing the Department's limited 
resources on the worst offenders and ensuring that people convicted of 
low-level, nonviolent offenses are not subjected to these same 
mandatory minimum penalties.
  Attorney General Sessions has signaled that he wants to eliminate the 
Smart on Crime Initiative, and certainly those of us who listened to 
his opposition to criminal sentencing reform are not surprised. But, as 
Deputy Attorney General, Mr. Rosenstein will chair the Task Force on 
Crime Reduction and Public Safety that has been established by the 
President. This gives him an important voice. I hope he will work to 
ensure that the Department's charging policy reserves stiff mandatory 
sentences for only serious violent offenders.
  Mr. Rosenstein would also be responsible for determining the fate of 
the Justice Department's efforts to work constructively with State and 
local law enforcement to protect civil rights and improve community and 
police relations. In particular, Mr. Rosenstein should continue 
negotiations to pursue police reform in Chicago, backed up by an 
enforceable consent decree. The former U.S. attorney in Chicago, Zach 
Fardon, felt strongly that a consent decree was needed to correct the 
systemic problems we face. Mr. Rosenstein has shown more openness to 
using consent decrees than Attorney General Sessions, who has an 
ideological personal hostility toward them. I hope Mr. Rosenstein will 
look carefully at this issue in Chicago and respect the judgment of Mr. 
Fardon and the career DOJ professionals who spent over a year 
investigating this matter.
  Mr. Rosenstein also will be responsible for reining in the Attorney 
General's worst instincts on immigration. It is no surprise to any 
Member of this Chamber that when the issue of immigration came to the 
floor, the leading opponent on immigration reform was Senator Sessions 
of Alabama. I believe he offered 100 amendments to the immigration 
reform bill that passed the U.S. Senate. He has spoken out over and 
over again about his opposition to immigration reform.
  The Attorney General has already directed Federal prosecutors across 
the country to make immigration cases a higher priority and look for 
opportunities to bring serious felony charges against those who cross 
the border without authorization. Federal prosecutors understand this 
is not the right approach. Listen to Paul Charlton, the U.S. attorney 
for Arizona under the Bush administration. According to him, this new 
directive will overburden the Federal courts already struggling to 
handle the volume of immigration cases. He said: ``Prosecution and 
incarceration do not adequately address the real need, which is a 
reform of the immigration laws.''
  Let me conclude. I see the Democratic leader on the floor.
  There are a number of critical issues that will require sound 
judgment and leadership from the next Deputy Attorney General. I hope 
Mr. Rosenstein will approach these issues with the professionalism and 
integrity that have earned him bipartisan praise as U.S. Attorney in 
Maryland. I hope he will be willing to speak truth to power and to 
stand up to the President and the Attorney General if necessary.
  I will support Mr. Rosenstein's nomination. I hope we can work 
together constructively on the important matters facing the Department 
of Justice.
  Mr. President, I yield the floor.


                   Recognition of the Minority Leader

  The ACTING PRESIDENT pro tempore. The Democratic leader is 
recognized.
  Mr. SCHUMER. Mr. President, first let me thank my friend from 
Illinois for his always thoughtful and good words. I agree with his 
sentiments on Mr. Rosenstein, whom I will support as well.


                        GOVERNMENT SPENDING BILL

  Mr. President, first I want to say that it is very good news that the 
President seems to be taking the wall off the table in the negotiations 
we are having on an appropriations bill this week. It would remove the 
prospect of a needless fight over a poison pill proposal that Members 
of both parties don't support. On a bill as important as one to keep 
the government open, it is a dangerous prospect for the administration 
to push so hard for such a flawed, incomplete, and unthought-out 
proposal on a must-pass spending bill. It could tank what would have 
been productive, bipartisan, bicameral negotiations between the leaders 
in both Houses. If the threat of the wall is removed, as I hope is the 
case, our negotiations can continue and we can hopefully continue to 
resolve all of the outstanding issues by Friday.
  Make no mistake about it, there are other important issues to 
resolve--no poison pill riders, above all, and the ratio of defense and 
nondefense spending in terms of increases above the baseline. On the 
nondefense side, miners are very important on our side, getting 
permanent healthcare for these miners who have struggled their whole 
lives; the issue of cost-sharing, where 6 million people could lose 
their healthcare because it would become unaffordable; and the issue of 
Puerto Rico, which is struggling so, are among those that we feel are 
important as well. There are other issues to resolve as well, but I am 
hopeful we can address them as the week moves forward. Poison pill 
riders are something that could really hurt the bill, and we don't want 
that to happen.


                 The President's First One Hundred Days

  Mr. President, on another matter, as we quickly approach the 100-day 
mark of the Trump Presidency, it is a good time to look back on what 
this administration has accomplished and has not accomplished. One 
thing is clear: This President has either broken or failed to fulfill 
many of the promises he made to working families during the campaign. 
This morning, I wish to focus on one area in particular--this 
President's promises to working people on jobs and the economy.
  One of the President's key rationales as to why he would be an 
effective President was that he was a good businessman who could create 
jobs and get the economy moving much faster than anyone predicted. But 
on the major issues of jobs, including outsourcing, ``Buy American,'' 
trade--key economic issues that help job growth in America, that help 
working families--President Trump has made scant progress during his 
first 100 days and has broken several core campaign promises he made to 
kick-start the economy for working families.
  On jobs, President Trump said he was going to be ``the greatest job 
President that God ever created,'' but have we seen one significant 
piece of legislation that would create jobs from this President? What 
about infrastructure, for instance? That is something that would create 
tons of good-paying jobs, and Candidate Trump talked about it a lot 
when he campaigned. He promised to fix America's crumbling 
infrastructure, pledging a $1 trillion plan to do it. But we haven't 
seen any details of any plan yet, and no comprehensive plan to rebuild 
our infrastructure has been introduced by any Republicans in Congress.
  So we Democrats came out with our own $1 trillion infrastructure 
plan, taking what the President said in his campaign. The bill would 
create 15 million good-paying jobs, going to the working families of 
America. We haven't seen any proposal or gotten any response to our 
proposal from the President. The only thing we have seen from President 
Trump on infrastructure is that he has proposed multibillion-dollar 
cuts to vital transportation programs in his 2018 budget, saying one 
thing in the campaign--infrastructure jobs--yet doing exactly the 
opposite--cutting infrastructure jobs--in his proposed budget for next 
year.
  On outsourcing, Candidate Trump lamented the fact that so many 
companies were shipping U.S. jobs overseas, promising: ``We're going to 
stop it day one. It's so easy to stop.''
  While President Obama used regulatory measures to stop inversions in

[[Page 5873]]

their tracks--a company in New York, Pfizer, which I thought was so 
wrong to try and invert--President Trump has just signed an Executive 
order to review those rules and potentially undo them--the exact 
opposite of what he campaigned on. This is astounding. He said he was 
going to prevent jobs from going overseas. President Obama put in 
regulations that have virtually stopped inversions--companies moving 
their headquarters overseas for tax breaks. President Trump, directly 
in contradiction of what he talked about over and over and over again 
in his campaign, says: Now let's review those rules and possibly undo 
them. It is just hard to comprehend.
  President Trump said his policy would be ``Buy American and Hire 
American,'' and he has had a bunch of little rallies where he talks 
about this, but he has refused to insist that pipelines and water 
infrastructure be made with American steel.
  If he were serious about stopping outsourcing, he would demand that 
Senate Republicans put Senator Baldwin's bill requiring infrastructure 
to be made with American steel on the Senate floor. If we increase 
water and sewer as one of our biggest infrastructure proposals, 
American steel would get a huge boost, if companies had to buy American 
steel. Senator Baldwin has a bill that does it. President Trump has not 
gotten any action. He ought to tell Leader McConnell, tell Speaker Ryan 
he is for that bill, and they should bring it to the floor, and, with a 
lot of Democratic votes--probably every one, just about--we can pass 
it.
  On trade, which is another crucial issue for the American worker--
maybe the issue that President Trump garnered the most support for from 
working families--well, he has made some big promises, but he has 
either broken them or failed to deliver in his first 100 days. He 
pledged to hold China accountable for its rapacious trade practices, 
which have robbed America of millions of jobs and cost trillions of 
dollars of wealth. He said China was ``world champion'' of currency 
manipulation and pledged to name it a currency manipulator on day one. 
President Trump has done neither of those things. He has broken his 
promise to name them a currency manipulator, and he has backed off on 
his promise to get tough with trade on China in general.
  This is an issue I am passionate about. I didn't agree with President 
Trump on a whole lot of issues, but when he talked about China during 
the campaign, I said: I am closer to President Trump on how we treat 
China than I was with President Obama or President Bush, and I thought 
it would be one of the areas where we could make real progress. 
Instead, we have seen a U-turn--China, not a currency manipulator, when 
he said over and over again they were, and they are manipulating their 
currency.
  I know all the free-trade pundits get up and say: Yes, but now they 
are not reducing the value of their currency; they are doing the 
opposite of what they did when they made it easier for them to export. 
But they are still manipulating it. It still doesn't flow. As sure as 
we are sitting here, if China's advantage is to once again devalue the 
currency so they can have more exports and unfair advantages over 
American workers, they will do it in a minute.
  Furthermore, had he called China a currency manipulator, it would 
have sent a shot across China's bow. For years, frankly, under 
Democratic and Republican administrations, China has gotten away with 
economic murder. They steal our intellectual property. They don't let 
good American companies into China. They buy American companies to get 
their technology and then produce it in China and try to export it 
here. They have over the years manipulated the currency to their 
advantage, among many other things. They are hurting us. Probably 
nothing has done more to hurt American jobs than China's rapacious 
trade policies. And President Trump is nowhere to be found. In fact, he 
is doing the opposite of what he promised on trade.
  Instead of sticking up for hard-working, middle-class Americans by 
trying to create jobs and get tough on both trade and outsourcing, 
President Trump has spent the last few months looking out for powerful 
corporations and the special interests he repeatedly campaigned 
against, breaking promise after promise to working families. It is a 
shame he has taken this route.
  On issues like infrastructure, outsourcing, and trade, we Democrats 
agree with many of the things Candidate Trump was saying, but he is 
nowhere to be found to work with on these issues. President Trump could 
have chosen to spend his first 100 days working with us Democrats on 
these issues, finding compromises and consensus to fulfill his promises 
to working America. Instead, he spent the first 100 days governing from 
the very hard right, refusing to seek Democratic input on any major 
legislation. That is not how you get things done here, and that is why 
the President has so little to show for his first 100 days.
  We Democrats are prepared to work with him to give the middle class 
and those struggling to get there a much needed boost, but the 
President and Republicans in Congress need to start reaching out and 
meeting us halfway.
  As I have told the President many times, if he governs from the 
middle, if he is willing to work with both parties to get things done, 
we might be able to compromise on some of the important economic issues 
where we have had these values for a long time--the ones I just 
mentioned. If the President, Republicans, and Congress continue their 
``my way or the highway approach,'' the next 100 days will be just like 
the first--a lot of broken and unfulfilled promises and very few 
accomplishments from this new administration.
  I yield the floor.
  I suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The assistant bill clerk proceeded to call the roll.
  Ms. CANTWELL. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Flake). Without objection, it is so 
ordered.


                            Antiquities Act

  Ms. CANTWELL. Mr. President, President Trump is expected to issue an 
Executive order directing the Department of the Interior to review all 
of the national monuments issued over the past 20 years, to see whether 
those monuments should be reduced in size or repealed. It is clear to 
me that many of us know the value of our public lands. But I am 
questioning whether our President understands that trying to illegally 
roll back those national monuments--some of the most treasured lands in 
our country--is something we should not do.
  This shortsighted move is a pretext to attacking the designation of 
the Bears Ears National Monument in Utah, which is sacred to the five 
tribes that form the Bears Ears Inter-Tribal Coalition, and is a 
breathtaking site for all Americans who come to experience what is the 
unbelievable, unique beauty of the West.
  Whether they are there hiking or climbing or vacationing, it is a 
special place. But President Trump's Executive order is expected to go 
even further than just Bears Ears, reviewing any designation in the 
last 20 years, threatening the question of the San Juan Islands or 
Hanford Reach National Monuments and the creation of other sites around 
the United States and threatening our economy.
  Time and again, the Trump administration is pushing for policies that 
are harmful to our recreation economy and a disaster for our pristine 
places, and it sets a terrible precedent for future conservation 
efforts.
  The Antiquities Act is one of our Nation's most successful 
conservation laws. It was signed into law in 1906 by President Theodore 
Roosevelt to designate Devils Tower in Wyoming as our Nation's first 
national monument.
  In the 110 years since its enactment, the Antiquities Act has been a 
very useful tool by 16 different Presidents--eight Republicans, eight 
Democrats--to designate more than 140 national monuments, including, as 
I mentioned, the San Juan Islands and Hanford Reach in the State of 
Washington.

[[Page 5874]]

  Nearly half of all of our national parks, including national icons 
such as the Grand Canyon or Olympic National Park, were first 
designated as national monuments under the Antiquities Act. So it is a 
very helpful tool to making sure we preserve those special places. I 
will note, too, that only 4 percent of all land in the United States is 
set aside this way, designated as part of the national park system or 
as a national monument.
  So, of all the lands in the United States, we are asking to protect 4 
percent of the lands, that are these unique special places, to be 
persevered for the American public and not turned over to special 
interests for oil and gas mining.
  I also think it is important to note that the Antiquities Act gives 
the President the authority to make sure that these monuments are 
designated because from time to time there are those who do not believe 
in these special places.
  I note that when the Grand Canyon was being considered, an editorial 
in that time period editorialized: ``The idea of protecting the Grand 
Canyon represents a fiendish and diabolical scheme.'' Now, I don't 
think that is what Americans think today about the Grand Canyon, nor do 
they think that it is something that hasn't enriched the lives of 
millions of Americans over the years or added to our economy and 
tourism. So I find it ironic that the same people think that the 
designation of Bears Ears is somehow a ``fiendish and diabolical 
scheme.''
  Well, what I know is that the President is wrong to think he can use 
the Antiquities Act in reverse. In 1938, an Attorney General's opinion 
was issued stating that the President did not have the authority to use 
it in reverse.
  So I think any attempt by the Trump administration to modify or 
revoke earlier national monument proposals is without the legal 
authority to do so. But I also want to make sure that we are talking 
about how important and how special Bears Ears is. It is a monument of 
true significance. It encompasses 1.3 million acres of beautiful desert 
hills, mesas, and sandstone canyons in southeastern Utah and is home to 
some of the most spiritually significant lands of the local Tribes and 
some of the best rock climbing in the world.
  Bears Ears encompasses Native American archaeological sites dating 
back at least 13,000 years. The area is covered in rock art, 
petroglyphs and pictographs, cliff dwellings, and artifacts. So if 
nothing else, those special places should be preserved.
  It is also special to many of the early inhabitants of that area: the 
Ute Tribe, the Navajo Tribe, the Uintah Ouray Tribe, the Hopi Tribe, 
and the Zuni Tribe. Bears Ears is important to these Tribal members for 
sacred ceremonies, and hunting, and fishing.
  Bears Ears also continues to be one of the richest paleontological 
resources in our Nation, with fossil records dating back millions of 
years. So it is easy to see why it is so important that this special 
place was designated.
  In addition to its historical and cultural significance, Bears Ears 
is also a world-class recreation resource visited by rock climbers from 
all over the world. It is also visited by hunters, hikers, canyoneers, 
white water rafters, mountain bikers, and the entire conservation 
community. That is why the Outdoor Retailer show, which had previously 
located its biannual event in Utah, decided after two decades that they 
were pulling out. That is right. They are pulling out their $40 million 
contribution to the Utah economy because they are against the efforts 
by many in Utah to oppose the Bears Ears monument and try to get the 
President to reverse the Antiquities Act and then use that Federal land 
for oil and gas exploration. I was so proud to see the outdoor industry 
take such a bold step. Companies like REI, Patagonia, Black Diamond, 
and Outdoor Research really made a big and bold statement. They decided 
that if a State was going to attack the very economy that was so 
important to their jobs in recreation, they were going to do something 
about it.
  I agree with the Salt Lake Tribune editorial on the Outdoor 
Retailer's decision, which said that the debate over public lands is 
about ``who we are and where we are headed. To get there, we need 
leaders with a better appreciation of the magnificent gifts God has 
given everyone, not just Utahans.''
  So what is ironic and, frankly, a bit sad is that at the same time 
the Trump administration is waging war on our public lands and fighting 
imaginary ones, like the War on Coal, we have new data on just what an 
economic engine the recreation industry has become. Just today, the 
Outdoor Industry Association released a new report on the economic 
contributions of the recreation economy. Today, the recreation industry 
generates $887 billion in consumer spending every year. That is up more 
than $200 billion--from $646 billion--since the last time the study was 
done a few years ago. What does this tell us? Not only do more 
Americans enjoy recreation on our public lands, but an economy has been 
built around it, and it continues to grow and thrive, with new 
products, new services, and more comfortable and innovative ways to 
enjoy the outdoors. The outdoor recreation economy is responsible for 
7.6 million jobs in this country. That is a growth of 1.5 million jobs 
since the last time the report was done.
  Meanwhile, the Trump administration seems perfectly content to do the 
bidding of these natural resources industries instead of focusing on 
these jobs and these recreational opportunities that are booming. In 
fact, the clean energy economy is now supporting more jobs than fossil 
fuels in 26 States and the District of Columbia. So it is an economy 
that exists in many parts of our country.
  On top of this effort to try and weaken these national monument 
designations and use the Antiquities Act in reverse, the President is 
also expected to gut some of our key investments in science and 
innovation that are also helping us grow in new ways.
  I will tell you that pollution is not an economic strategy. We cannot 
turn the economy of the past into hope for the future. What we need to 
do is make sure we are paying attention to the unique resources that 
these special places represent and the great heritage of both 
Democratic and Republican administrations, which have done great work 
by protecting places like the Grand Canyon and Bears Ears.
  I hope all of my colleagues will realize that this is a futile effort 
and that these special places do not belong only to us. They do not 
belong to the people who are here on the Senate floor. They belong to 
generations and generations of Americans.
  To those great Presidents--Republican and Democratic--who made those 
decisions and created those special places for all of us, thank you. I 
hope that some future generation will be standing here thanking us for 
protecting Bears Ears and all of the national monument designations 
that have taken place over the last two decades.
  Mr. President, 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. PETERS. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                          Farm Service Agency

  Mr. PETERS. Mr. President, I rise today to acknowledge and honor 
Michigan farmers. Agriculture is a vital part of Michigan's economy. In 
fact, Michigan is home to more than 51,000 farms that contribute over 
$100 billion to our Nation's economy. Michigan is also the second most 
diverse agricultural producer in the Nation, growing more than 300 
commodities, including a significant portion of our Nation's milk, 
corn, cherries, cucumbers, and much more.
  Last week I had the pleasure of visiting the Iciek Dairy Farm in 
Gladwin, MI. It was incredible to see firsthand how this family-run 
dairy has grown from a small farm of a few dozen cows to a large, 
modern dairy operation with 700 cows and seven full-time employees.

[[Page 5875]]

  Today, the Iciek Dairy works with the Michigan State University 
Extension program to help mentor new businesses and farmers who are 
just starting off with their own small dairy operation. Michigan's 
farmers and farmers all across our country feed our country and people 
around the globe, and we must do what we can to support them. Our 
agricultural businesses rely on the ability to access the resources 
they need to keep growing, creating jobs, and contributing to our 
economy.
  Access to these resources can be especially challenging for new small 
farm operations that are just getting started, including those small 
farms that make up 82 percent of Michigan's agricultural producers. 
Small farms that are just starting up or are facing tough economic 
conditions sometimes struggle to find and secure affordable credit. 
That is why I am working across the aisle with Senator Tillis to urge 
congressional appropriators to fully fund the Farm Service Agency loan 
programs as Congress considers government funding bills for 2018.
  The Farm Service Agency works with lenders to guarantee and deliver 
small dollar loans to the small farms that need them the most. When a 
farm has no other options, Farm Service Agency loans and guarantees can 
help farmers cover urgent operating costs for feed, seed, and 
fertilizer to get them through the season. Without these loans, farmers 
could lose their ability to purchase equipment and other necessities 
for the planting season and could be forced to curtail their 
operations.
  Currently, more than 2,300 farms in Michigan have Farm Service Agency 
loans totaling over $630 million. Across the country last year, the 
Farm Service Agency made and guaranteed a total of 39,650 loans 
totaling $6.3 billion. It is critical that Farm Service Agency funding 
reflect expected demand for loans so that small farms can continue to 
have this crucial lifeline.
  This program is in such high demand that just last year the Farm 
Service Agency ran out of money to finance its operating loans, 
including more than 1,000 loans that had already been approved for 
small farmers. This led to a backlog of loans, and farmers were forced 
to wait for months until Congress passed emergency funding to get the 
loans they needed for their day-to-day operations.
  Access to capital is critical across a range of businesses, but it is 
incredibly important to our farmers. They can lose out on an entire 
growing season if they cannot buy the equipment and the supplies they 
need while they wait for Congress to fund the Farm Service Agency.
  Today, ensuring that the Farm Service Agency has sufficient funding 
is even more critical, especially following President Trump's proposed 
$4.7 billion cut to the U.S. Department of Agriculture.
  Like our small businesses, students, and families, America's farmers 
deserve to have affordable loan options, and they deserve our attention 
and our support. I urge my colleagues to join me in asking for robust 
Farm Service Agency funding so we can continue to support our farming 
communities as they support and sustain us each and every day.
  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. CORNYN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                             Foreign Policy

  Mr. CORNYN. Mr. President, as we come back into session after a 2-
week State work period, I think we need to take stock of what we have 
been able to accomplish in working together during the last few months.
  Through the efforts of the administration and in working with 
Congress, we have been able to greatly lessen the regulatory burden on 
many American job creators, which is something sorely needed while our 
economy has been bumping along at, roughly, 2 percent growth of our 
gross domestic product since the Great Recession of 2008. We have 
confirmed a ninth Supreme Court Justice, and we have seen strong, 
credible action taken against people like the terrible Assad regime in 
Syria.
  It is important to remember, as folks continue to judge the current 
administration and its foreign policy in particular, how we got here 
and what this White House inherited after 8 years of the Obama 
administration.
  As President Obama left office, he left in his wake fires burning 
around the world. There is no better example than the Middle East. 
President Obama celebrated the Arab Spring as a testament to the power 
of a democratic voice, but he did little to help our partners across 
the Middle East and North Africa find stability and prosperity. Along 
the way, he made the world a lot more dangerous for all of us by his 
inaction or, in some cases, by his actions. Libya is one of the most 
tragic examples.
  Without his coming to Congress but instead going to the United 
Nations for a resolution, under President Obama's watch, the country 
fractured after he helped to launch a poorly conceived military 
campaign that helped depose Muammar Qadhafi, with no plan at all as to 
what to do afterward to stabilize the country. Apparently, despite all 
of President Obama's criticisms of President Bush's 2003 invasion of 
Iraq, he learned very little from it, and terrorists, including ISIS, 
jumped at the opportunity to fill the vacuum in Libya.
  Later, the American Consulate in Benghazi would be attacked, 
resulting in the deaths of four Americans, including that of Ambassador 
Christopher Stevens. That was the result of President Obama's failed 
strategy in Libya.
  To the east, as 2016 came to a close, Syria was embroiled in even 
more disarray, more bloodshed, and more violence than when the civil 
war initially broke out. President Obama promised the world--now 
infamously--that should the Syrian Government use chemical weapons that 
at that point a red line would have been crossed. We know how that 
turned out and so do the citizens of Syria and so do, importantly, 
other thugs, autocrats, and dictators around the world--red lines 
crossed but not enforced.
  President Obama's threats went unanswered. Russia became bolder in 
its support of Assad as it became clearer that the United States would 
not intervene. Now, in light of years of inaction by the previous 
administration, we have a refugee crisis in the Middle East and 
throughout Europe. Millions of people have been displaced both 
internally and externally across Europe. We have a war criminal leading 
the Syrian Government who has repeatedly used chemical weapons and 
indiscriminately killed civilians, including children, in a region even 
further from any measure of stability than when President Obama took 
office.
  Yet, instead of developing a strategy, instead of listening to his 
own military and national security leadership, President Obama and his 
team perversely opted to strengthen our adversary Iran. The ill-
conceived JCPOA deal cemented the status of this state sponsor of 
terrorism as a future nuclear power as it released billions of dollars 
in sanctions relief to the regime and empowered our enemy to engage in 
even more terrorist activities abroad and around the world. After 8 
years of the Obama administration, the bottom line is, our foremost 
enemy in the Middle East became stronger, not weaker.
  On top of all of that, President Obama pushed aside our strongest 
ally in the region--Israel--time and time again to appease nations that 
were working against us. That is simply not how the United States 
should operate in its leadership role around the world.
  I could go on and on about the foreign policy failures of the last 
administrations with respect to the Middle East, but it is not the only 
region in worse shape. Under President Obama's watch, Russia invaded 
Crimea and eastern Ukraine. It repeatedly threatened NATO member states 
and ramped up its cyber espionage to influence and undermine public 
confidence in free and fair elections both in the United States and in 
Europe. Along the way, our allies in Europe were cast aside rather than 
assured of our support--all with Russia's mounting aggression close by.

[[Page 5876]]

  In the Pacific, China continued to advance its regional dominance by 
making claims to islands disputed by our allies, going so far as to 
convert sand bars and reefs into island military bases--some with 
10,000-foot military-capable runways right there in the South China 
Sea.
  Finally, North Korea continues to develop and test its nuclear and 
ballistic missile capabilities with the threat of soon being able to 
use both to reach the continental United States. North Korea carried 
out four nuclear tests during the Obama administration. That is simply 
unacceptable.
  The truth is, after two terms of inaction, no coherent strategy, and 
leading from behind, our allies and partners around the world 
questioned the commitment and power of the United States and our 
ability to defend our national interests around the globe.
  I, personally, am thankful for what we have seen President Trump 
accomplish so far, even in a short period of time. His tough but honest 
discussions about America's role in the world are appreciated not only 
by those of us here at home but by our allies and friends around the 
world who have been hungry for American leadership.
  When Assad crossed a line the entire international community deemed 
abhorrent, President Trump, unlike President Obama, took action. 
Unfortunately, President Trump has inherited foreign policy 
predicaments that were created by both the action and inaction of his 
predecessor around the world. My hope is, President Trump will continue 
to work with the great team he has assembled to make sure U.S. 
interests are put first and that America continues to exert its 
leadership role around the world.
  The truth is, a strong America and an America that leads is a 
stabilizing and peacekeeping influence around the world. Just the 
opposite is also true. As America retreats, there is no other country 
that can fill that leadership vacuum. It is inherently destabilizing, 
and it is an invitation for bad actors around the world to take 
advantage of that power vacuum.
  I look forward to working with the administration, as well as all of 
our colleagues in the Congress, to help keep Americans safe by making 
clear that we will back up and support our allies and partners abroad 
and send a powerful message to those who threaten our interests.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. GRASSLEY. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Cruz). Without objection, it is so 
ordered.
  Mr. GRASSLEY. Mr. President, I support Mr. Rosenstein's nomination to 
be Deputy Attorney General. Not only is he a very experienced and 
accomplished attorney, he has served in the Justice Department for 
almost three decades under five Presidents, but he served as the U.S. 
Attorney for the District of Maryland under both President Bush and 
President Obama--a very rare record of service. During his nominations 
hearing to be Deputy Attorney General, Mr. Rosenstein promised us that 
he would ``work to defend the integrity and independence of our justice 
department, to protect public safety, to preserve civil rights, to 
pursue justice, to advance the rule of law and to promote public 
confidence.''
  However, many Members have mentioned they are concerned about the FBI 
Director's announcement of an investigation of Russia. And during his 
nominations hearing, Mr. Rosenstein was repeatedly asked if he would 
commit to appointing a special counsel to handle any investigation in 
this matter. I was impressed with his unfailing commitment to 
independence when he answered these questions.
  Rather than prejudge investigations before he knows the facts, he 
unwaveringly promised to make decisions only after thoroughly reviewing 
all the relevant information in a particular case. He committed to not 
prejudge the situation before he knew the facts. And he committed to 
conducting every investigation with independence.
  I personally believe Mr. Rosenstein possesses the necessary 
independence to conduct any investigation of this type. He told us he 
had never met with Russian officials nor has he spoken to the President 
or Attorney General about this matter. And he spoke in great length 
about his career-long commitment to independence and to conduct his 
work free from political concerns.
  In fact, we already know that he has a well-known reputation for 
independence. In 2012, Attorney General Holder specifically asked Mr. 
Rosenstein to handle a special investigation into leaks of classified 
information because of his reputation for independence and 
impartiality.
  When Republicans suggested a special prosecutor might be appropriate, 
members of the Judiciary Committee assured us that none was necessary 
precisely because Mr. Rosenstein was at the helm of the investigation. 
One member of the Committee described him as a ``scrupulous man'' and 
``independent.'' There was ``no reason to believe why [he] cannot work 
with the FBI and assemble a very strong prosecution team where 
warranted.''
  Mr. Rosenstein is still scrupulous and independent. If Mr. Rosenstein 
could conduct an investigation with independence under Holder then, he 
can certainly do it now. Furthermore, Mr. Rosenstein comes with high 
recommendations from a bipartisan list of former Attorneys General and 
Deputy Attorneys General. And he comes with high recommendations from 
his home state Senators, current and former.
  Former Senator Mikulski wrote the committee and told us that he will 
be a ``strong, experienced leader at the Department of Justice who is 
fair and committed to the equal application of our laws'' and ``In 
these polarized times, now, more than ever we need a strong, 
experienced leader at the Department of Justice who is fair and 
committed to the equal application of our laws. I hope the Senate will 
confirm Rod Rosenstein for this important position.''
  After Senator Cardin described all Mr. Rosenstein's professional 
accomplishments when he was introducing him at the hearing, he said, 
``What impresses me the most, he has done this in a totally non-
partisan manner.'' And concluded by saying, ``I think Mr. Rosenstein is 
the right person at the right time for Deputy Attorney General.''
  Finally, James Cole, President Obama's Deputy Attorney General, wrote 
to inform the committee that Mr. Rosenstein will respect the need for 
the Department ``to not only enforce the laws, but to also maintain a 
level of independence that enables it to have credibility in the eyes 
of our citizens.''
  From all I see and know about him, I believe Mr. Rosenstein will keep 
his promise for integrity and independence. He promised us if he is 
confirmed as Deputy Attorney General, ``all investigations under my 
supervision [will] be initiated and conducted in a fair, professional, 
and impartial manner, without regard to political considerations.'' We 
can't ask for anything more. I urge all my colleagues to join me in 
voting to confirm Mr. Rosenstein to be Deputy Attorney General.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The senior assistant legislative clerk proceeded to call the roll.
  Mr. GRASSLEY. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Order of Procedure

  Mr. GRASSLEY. Mr. President, I ask unanimous consent that all time 
postcloture on the Rosenstein nomination expire at 5 p.m. today and 
that, if confirmed, the President be immediately notified of the 
Senate's action and the Senate resume consideration of the Acosta 
nomination.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. GRASSLEY. I yield the floor.

[[Page 5877]]



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