EXECUTIVE CALENDAR--Continued; Congressional Record Vol. 163, No. 83
(Senate - May 15, 2017)

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[Pages S2924-S2930]
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                     EXECUTIVE CALENDAR--Continued

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
resume consideration of the Rosen nomination.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 

                   Recognition of the Minority Leader

  The Democratic leader is recognized.
  Mr. SCHUMER. Mr. President, first let me thank my friend and 
colleague from Iowa for letting me go forward. The two Charles in the 
Senate work together whenever we can.

                          National Police Week

  First, Mr. President, I want to thank our Capitol Police, the New 
York police, and police around the country for the outstanding work 
they do. Much like our troops overseas, our law enforcement officers 
risk their lives for our safety.
  As we welcome many police officers to the Capitol this week, I would 
like to express, on behalf of the Senate, our gratitude for their 
service, their sacrifice, and their countless daily acts of courage. 
Particularly, I want to say that in New York City, where we are so 
proud that crime is the lowest of the 25 largest cities in the country, 
we thank our New York City Police Department for a job well done. I 
would also like to thank the many police departments, sheriffs' 
offices, and so many others of our law enforcement in the State of New 
York. I have gotten to know them, respect them, and admire them as 
human beings and for the job they do.

                          Russia Investigation

  Getting back to a less happy subject, Mr. President, the events of 
last week tested some of the fundamental precepts of our democratic 
system, including the rule of law and the independence of our law 
enforcement agencies that were designed to be a check on any abuse of 
  The President of the United States fired the FBI Director, who was 
conducting an active investigation of the President's campaign and its 
ties to Russia. The Attorney General, who had recused himself from that 
investigation, played a role in that dismissal and continues to be 
involved in the selection of the new FBI Director. The White House gave 
pretextual reasons for the firing, which were contradicted by the 
President himself a few days later when he admitted that he had planned 
to fire Director Comey for weeks and that he was thinking about Russia 
when he did it. The President then suggested there were tapes of 
conversations between himself and Director Comey, threatening to 
release them if Mr. Comey spoke to the press.
  These are not the actions of an administration that respects the rule 
of law or treasures fidelity to the truth. These are not the actions of 
an administration that is eager for and even open to an independent 
investigation into a very serious matter--the interference of our 
elections by a foreign adversary.
  The Founding Fathers, in their infinite wisdom--the more I am around, 
the more I am impressed with them, and I was impressed to begin with--
designed three coequal branches of government with appropriate powers 
to check and balance the others. The Founding Fathers explicitly 
worried about foreign powers trying to influence our elections and 
government. They actually wrote into the Constitution protections 
against that very threat. Their concerns, expressed over 240 years ago, 
gain new prominence and meaning today, perhaps more than at any time in 
the past.
  We in Congress--both parties--need to exercise the powers afforded to 
us by the Constitution to check and balance. We need to see that we get 
all the facts. We need to see that the Russia investigation is allowed 
to proceed as independently and as impartially as possible. We need to 
hold this administration accountable for any abuse of their powers.
  So first of all, if there are ``tapes'' as the President has 
suggested, he should turn them over immediately to Congress and the 
investigators. To destroy them would be a violation of law. If there 
are no tapes, he should apologize to James Comey and to the American 
people for misleading them.
  Second, the fact that the President has said that he may have taped 
Mr. Comey makes the need for a special prosecutor all the more 
important. If it is true, if there are tapes, a special prosecutor 
would have the ability to

[[Page S2925]]

obtain these tapes undeterred, and then he would examine them to see 
what wrongdoing, if any, has occurred.
  The reasons for a special prosecutor are compelling. A special 
prosecutor is not subject to day-to-day supervision by the Attorney 
General or anyone else at the Justice Department. He or she would have 
greater latitude in whom they can subpoena, which questions to ask, and 
how to conduct the investigation. He or she would have purview to 
investigate, not only the subject but also anyone who attempts to 
interfere with the investigation. There is built-in congressional 
oversight, and Congress is notified whenever a special prosecutor is 
appointed, removed, or finished with the investigation. He or she can 
only be removed for cause, not to quash an investigation.
  With the events of the past week--and given that we have different 
stories coming out of this administration from different people--the 
need to have someone who is independent and far away from any of the 
actors, to get to the bottom of this, is so important. Firing the FBI 
Director is extremely rare and deeply troubling. We need the truth, the 
whole truth, and nothing but the truth.
  Third, we in the Congress need to hear testimony from Director Comey, 
as well as be briefed by Attorney General Sessions and Deputy Attorney 
General Rosenstein. I understand that Director Comey declined an 
invitation to testify tomorrow, but I have no reason to believe he 
won't be willing to come before the Senate in the future. I hope that 
he will sooner rather than later and that those appearances are in a 
public setting. This week, on Thursday, Deputy Attorney General 
Rosenstein will brief the full Senate on the events of the last week. 
Again, I thank the majority leader for joining me in that request. 
Again, I hope we can make as much of that information public as 
possible. The American people deserve to know the truth just as much, 
if not more, than the Senate does.
  My caucus still believes that Attorney General Sessions must be made 
available to the Senate in a similar capacity, given his reported role 
in firing Director Comey and in helping select his replacement. 
Considering his recusal from the Russia investigation, his close 
involvement in these events warrants the Senate's questioning as well. 
To repeat, we need the truth, the whole truth, and nothing but the 
truth. The Russian meddling is so serious, and it is no place for 
partisan fighting.
  Frankly, we need our Republican colleagues to help to get to the 
bottom of what happened in the 2016 elections and to hold this or any 
administration accountable when they don't tell the truth. If only one 
party is doing the talking, the issue will seem too partisan to the 
American people. A subject as important as this one--the tampering of 
our elections by a foreign power, a matter the Founders fretted about 
at the dawning of the Republic--shouldn't be colored by partisan 
  It is time to put country before party. We need our Republican 
friends to help us call upon the White House to get an independent 
investigation on Russia. We need them to speak out when the White House 
misleads the public. No less than the integrity of our system of 
government and the rule of law is at stake.


  Mr. President, a word on healthcare. As the Senate Republican caucus 
debates what to do on healthcare, they should take a hard look at the 
consequences of the House Republican bill on individual Americans. Last 
week, Senate Democrats met with four Americans who shared their stories 
and explained how they would be hurt by TrumpCare. Because of the furor 
over Director Comey's firing, their voices may have been drowned out. 
So I wanted to repeat a few of their stories.
  We heard from Cindi Johnson from Bloomington, IN, whose daughter was 
born with Down syndrome, a preexisting condition. Ms. Johnson was 
approaching the lifetime coverage limit on her plan when healthcare 
reform was passed, which eliminated the limit. That policy change, as 
well as Medicaid, helped Ms. Johnson and her family climb out from 
under a mountain of medical debt and get the care they needed for their 
daughter. Every parent so much wants to help a child who is sick. That 
might be taken away from the Cindi Johnsons of the world if the House 
bill is passed. Under TrumpCare, States are no longer required to 
prohibit lifetime limits, and Medicaid is cut by $880 billion. Let's 
think of the Ms. Johnsons and their daughters and sons.
  We also heard from Michael Dunkley from Alexandria, VA. Mr. Dunkley 
is a 64-year-old fulltime caregiver for his wife, who has advanced MS. 
In 2013, shortly after being laid off, Mr. Dunkley was diagnosed with 
an aggressive stage IV non-Hodgkin lymphoma, but his insurance coverage 
through COBRA was set to expire at the end of the year. Mr. Dunkley was 
able to sign up for insurance on Virginia's marketplace that provided 
coverage despite his preexisting condition. Under TrumpCare, Mr. 
Dunkley could be charged five times or more by the insurance companies 
because he is older. He could also be priced out of insurance because 
of his preexisting condition.
  President Trump and the Republicans promised better and cheaper 
healthcare for everyone, but these Americans and many more like them--
perhaps millions, pretty certainly millions--would be devastated by 
TrumpCare. It is another colossal promise to folks like Mr. Dunkley, 
Ms. Johnson, and her daughter.
  So my Republican friends in the Senate, I hope you will listen to 
these stories and the stories of your constituents saying so many of 
the same things. To take away healthcare from the Johnsons and the 
Dunkleys to give a tax break to the very wealthiest of Americans--
hundreds of thousands of dollars for people who make tens of millions 
of dollars--no American would be for that, but that is what is in the 
bill in the House, and that is where the Republican Senate bill, 
despite all the talk back and forth, is aiming to go.
  My Republican friends here in the Senate, please, listen to these 
stories. Drop repeal. Drop TrumpCare. Work with Democrats on ways to 
improve our healthcare system and bring costs down. We can move forward 
together, or Republicans can move backward on their own.

                         Worldwide Cyber Attack

  Lastly, Mr. President, I want to make a note about the worldwide 
cyber attack. So far, according to the New York Times, the attack has 
afflicted at least 200,000 computers in more than 150 countries. It is 
a sobering reminder that cyber attacks are one of the century's 
greatest challenges. They continue to get larger in scale, broader in 
scope, and more malicious in intent. It is time we stopped talking 
about the threat of cyber attacks and actually started doing something 
about it.
  A few years ago, the Senate tried to pass a bill to protect our 
critical infrastructure from cyber attacks, but some of our friends on 
the other side of the aisle blocked it to defend a business community 
that didn't want to share information necessary to fight these 
challenges. I hope this global cyber attack serves as a wakeup call and 
renews bipartisan interest in protecting the United States, the country 
we love, and in protecting our hospitals, our universities, our 
businesses, our intellectual property, our credit files, election 
systems, and critical infrastructures from cyber attacks.
  I yield the floor for my friend from Iowa.
  The ACTING PRESIDENT pro tempore. The Senator from Iowa.

                   Repealing and Replacing ObamaCare

  Mr. GRASSLEY. Mr. President, let me assure the Senator from New York 
that I am willing to listen to his stories about how people might be 
affected by the health care debate that is going on in the Congress 
right now if he will listen to some of the stories I have to tell. By 
the middle of June, people in 94 of the 99 counties in Iowa may not be 
able to buy insurance through the Obamacare exchanges.
  Senator Schumer talked about the tough consequences of the House bill 
on healthcare. I am coming to the Senate floor today to talk about the 
tough consequences of ObamaCare.
  I rise today to speak some more about the Affordable Care Act. The 
law is collapsing before our eyes. After 7 years of ObamaCare, it 
continues to overreach, overpromise, and overstay its welcome for the 
American people. I want to tell you the history about a bridge that 
relates very much to what is happening to ObamaCare today.

[[Page S2926]]

  Before I dive into the details of how ObamaCare is denying people in 
the State of Iowa the ability to get health insurance, I want to share 
a story about a bridge in the State of Washington.
  This bridge is depicted right here. This is the collapse of that 
bridge. The bridge is called Tacoma Narrows Bridge. It was built in 
1940. It was the world's third largest suspension bridge. It was 
considered a state-of-the-art masterpiece of 20th-century engineering, 
but the bridge was set to fail from the very beginning.
  On July 1, 1940, the $6 million bridge opened to traffic. Just 5 
months later, on November 7, 1940, the bridge collapsed. What caused 
the massive steel and concrete structure to twist, turn, and drop 
nearly 200 feet into Puget Sound? Importantly, there was a key 
foreshadowing clue. The bridge was nicknamed ``Galloping Gertie'' for 
its dancing, swaying bridge deck. On most days, it resembled a roller 
coaster rolling in the wind. But on the morning of November 7, Gertie's 
dance became twisted in a howling 40-mile-an-hour wind. Dramatic 
footage shown here shows tons of concrete and steel cables snapping 
like fishing lines before its collapse. Gertie essentially self-
destructed due to design flaws that created sheer havoc in those high 
  Like ObamaCare, the Tacoma Narrows Bridge wasn't built to last, and 
like Galloping Gertie, ObamaCare is on a self-destruction course with 
destiny. Galloping Gertie collapsed by a flawed design that was unable 
to withstand high winds, and every day that goes by without a 
bipartisan solution to fix the flaws, ObamaCare is moving the American 
people closer to a calamity.
  Sooner rather than later, ObamaCare will become its own bridge to 
nowhere, with no insurance plans on the exchanges. Millions of 
Americans will be left twisting high and dry. The warning signs can no 
longer be ignored. First, many health insurers are bailing. The 
individual market is near collapse.
  Just last week, another insurance company, Aetna, announced it will 
quit the remaining two States it planned to sell plans in under 
ObamaCare. That means in 2018, Aetna will sell zero plans on the 
individual market exchanges. Just a year ago, in 2016, Aetna 
participated in the individual markets in 778 counties across the 
country. In 2017, that number fell to 242. In 2018, that number will be 
  We ought to repeat this story because everybody is talking about what 
the House health care bill might do to people's health insurance and 
their healthcare. The fact is that people can't buy health insurance, 
or if they buy it, the deductibles are so high they can't afford it. 
That is the story we ought to be telling at least with equal weight 
with the stories given by people who are talking about not wanting to 
do anything with healthcare.
  My home State has been hit particularly hard by insurers pulling out 
of the individual market. In 2016, UnitedHealth Group announced it 
would leave Iowa the following year. Last month, Aetna and Wellmark 
announced they would be pulling out of the individual market in Iowa. 
This leaves 94 of our 99 counties in Iowa with one choice for health 
insurance on the individual market.
  A constituent wrote to me following the news of their departure.

       My son recently turned 26 years old and is ineligible to 
     remain on my insurance; therefore, he signed up for his own 
     policy through Wellmark. My son farms with my husband, so 
     while my husband has coverage through me, my son may soon be 
     facing the fact that he will not be able to buy health 
     insurance. My son, a true ``beginning farmer,'' will be 
     forced to leave our farming operation and seek employment 
     solely for the purpose of health care coverage.

  If Congress doesn't act, the individual market may come crashing 
down, just like the Tacoma Narrows bridge. We simply can't ignore 
another warning sign. Healthier, younger people are choosing the off-
ramp. The toll to join ObamaCare is turning out to be unaffordable for 
them. ObamaCare is unsustainable.
  Remarkably, instead of joining us to fix this broken bridge, the 
other side wants to leave Americans twisting in the wind. In my home 
State, 70,000 Iowans are enrolled in the individual exchanges, and the 
last carrier left, Medica, is on the fence about its plans for 2018. 
That is why I told Senator Schumer to listen to our stories. The people 
in 94 of Iowa's 99 counties may not even be able to buy insurance on 
the exchange.
  The day has come. It is time to cross the bridge. It is time to 
repeal and replace ObamaCare before it finishes its collapse.
  I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Arkansas.

                          National Police Week

  Mr. BOOZMAN. Mr. President, I rise to pay tribute to law enforcement 
officers from Arkansas and all across the country who are called to 
serve and to protect. I am grateful for their dedication and commitment 
because it takes a very special person to put his life on the line 
every day to protect our communities.
  Arkansans are proud of the law enforcement history in our State. In 
my hometown of Fort Smith, AR, the U.S. Marshals Service has a deep-
rooted history that has helped shape our Nation's westward expansion. 
Today, many people in the area find their family roots traced back to a 
U.S. Marshal. As home to the future U.S. Marshals Museum, the community 
and the State have rallied around this proud heritage. The tradition of 
courageous public service is carried on today by the men and women who 
keep communities across the country safe 24 hours a day.
  This week, members from law enforcement agencies from around the 
Nation will join together in Washington to honor their fallen brothers 
and sisters who have died in the line of duty. May 15 marks Peace 
Officers Memorial Day, and this week is recognized as National Police 
Week. We take this opportunity to honor the men and women who have died 
in the line of duty by adding their names to the National Law 
Enforcement Officers Memorial.
  This year, nearly 400 names will be added to the memorial, including 
these Arkansans: Robert Barker, a patrolman for the McCrory Police 
Department, who died while serving the people of Woodruff County on 
September 15, 2016; Corporal Bill Cooper, of the Sebastian County 
Sheriff's Office, who gave his life in the line of duty on August 10, 
2016; and Corrections Officer Lisa Mauldin, who died in service to the 
community on December 18, 2016.
  These Arkansans represent the selfless sacrifice that our law 
enforcement personnel embody. It is the truest testament to the life 
that they chose--to serve their communities.
  I am sad to say that the name of another Arkansas law enforcement 
officer will be carved into the memorial. Yell County Sheriff's Deputy 
Kevin Mainhart was killed in the line of duty last week. He was a 
veteran officer with more than 20 years of serving and protecting 
Arkansas communities. I offer my condolences and my gratitude to his 
family and friends and the law enforcement community as they cope with 
this unspeakable tragedy.
  Our law enforcement officers are true heroes. We recognize, not only 
during this week but all year long, the devotion of the 900,000 law 
enforcement officers whose service each and every day makes our 
communities safer.
  I was proud to recognize the service and sacrifice of these first 
responders and show my support for their commitment to our safety 
during a tour of Arkansas last year that we called Every Second Counts. 
First responders invest so much of their lives in public service that 
one must take the opportunity to commend them for their tireless 
efforts and willingness to serve in a crisis at a moment's notice.
  The role of law enforcement is changing. These men and women perform 
a variety of roles from responding to emergencies to maintaining public 
safety and promoting safety services and programs. In Arkansas, we are 
blessed to have the Criminal Justice Institute, which is a part of the 
University of Arkansas System. It is a resource to police departments 
and sheriffs' offices that provides them with updated training and 
information as they adapt to provide more services to their 
  As a member of the Senate Law Enforcement Caucus, I am deeply 
committed to supporting the Criminal Justice Institute and advocating 
for the policies and resources that law enforcement agencies need to 
successfully carry out their missions, as well as honoring those lives 
that are tragically cut short while in the line of duty.

[[Page S2927]]

  That is why I am proud to cosponsor the Honoring Hometown Heroes Act, 
which allows Governors to order the American flag to fly at half-staff 
in recognition of the sacrifice of the first responders who make the 
ultimate sacrifice. The House of Representatives passed similar 
legislation earlier this month, and I am hopeful that it will also have 
the support of this Chamber.
  I thank the law enforcement officers in Arkansas and across the 
country who dedicate their lives to protecting our children and 
communities and seek to bring criminals to justice. These heroes come 
to our rescue when we need help, and I am committed to continuing to 
advocate for these officers.
  I yield the floor.
  The PRESIDING OFFICER (Mrs. Ernst). The majority whip.
  Mr. CORNYN. Madam President, this is National Police Week--a time 
each year when we remember and honor those who have fallen in the line 
of duty.
  There are more than 900,000 law enforcement officers serving in our 
country, and tragically every year dozens lose their lives defending 
our communities and our freedoms.
  This year, as part of National Police Week, I am so thankful that 
Javier Vega, Jr., one of Texas's own, was honored at the National Law 
Enforcement Officer Memorial over the weekend, right here in 
Washington, DC. Just a few hours ago, I had the honor of meeting his 
family--his wife, his children, and his parents--along with several of 
his friends whom he served alongside in the U.S. Border Patrol.
  They know, all too well, the high cost paid by our law enforcement 
officers who put themselves at risk every day. Javier--who was known by 
his close family and friends as Harvey--grew up in La Feria, TX, a 
small town in South Texas. He was a man known for putting others before 
himself--someone who would always serve rather than be served.
  That desire turned first into a military career. He enlisted in the 
Marine Corps right out of high school, and later he put himself through 
college. Then he decided he hadn't done all he wanted to do in public 
service so he joined the Border Patrol, and just like everything else 
he pursued in life, he dedicated himself to tirelessly serving others 
and serving his country.
  Sadly, that service was cut short when he and his family, while out 
on a fishing trip on a Sunday afternoon, were ambushed by two men who 
tried to rob them. The clash turned violent. Javier immediately thought 
of protecting others before himself so he jumped into action to fend 
off the attackers and defend his family.
  Tragically, he was killed by the two men--illegal immigrant criminals 
who had been reportedly deported but managed repeatedly to find their 
way back into the country, even after committing serious crimes. What a 
testament to the great need we have to strengthen our border security 
and justice system to keep us all safe.
  Now, there is no denying that Javier Vega, Jr., was taken from his 
family, his community, and from all of us far too soon. So while we 
consider the fallen this week, like Javier, and their lives of service, 
I hope we can also take time to consider how we can better support and 
serve those who have promised to defend us to the point of risking 
their very lives.
  As we learn from the story of Javier, one obvious way we can do that 
is by making sure our Federal laws are fully enforced to protect our 
communities from those who would take advantage of our generosity and 
commit violent crimes, even though they are not in the country legally.
  We have a chance to do more for our law enforcement officers, and we 
should always look for ways to do right by them. Now isn't the time to 
look the other way or to pretend that real problems facing our Nation 
and our law enforcement community will simply go away. So during this 
year's National Police Week, I look forward to playing my part to put 
forward policies that better support their mission to defend and 
protect communities all across the country.
  Let me thank the family of Javier Vega, Jr.--particularly his wife, 
his children, and his parents who are here with us today--for letting 
me share his story and honor his service.
  Madam President, 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. MANCHIN. 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. MANCHIN. Madam President, I rise today to recognize National 
Police Week and the service and sacrifice of our country's law 
enforcement officers. As past Governor of the State of West Virginia, I 
worked with West Virginia State Police very often and saw firsthand 
their dedication to the rule of law and commitment to keeping West 
Virginians safe.
  Last year, the State of West Virginia lost one of our own, West 
Virginia State Police first sergeant Joseph Portaro. Joseph was from 
Clarksburg and joined the State police in 1998 and served in Kingwood. 
In 2008, he was assigned staff officer at the academy and was then 
promoted to deputy director of training. Joseph was a veteran of the 
West Virginia Army National Guard and served in the West Virginia State 
Police for 17 years.
  Although the loss of Joseph will never heal, I know I join all West 
Virginians and the entire law enforcement community in praying for 
Joseph's family and friends.
  National Police Week acknowledges the service and sacrifice of our 
country's law enforcement officers and the safety and protection they 
provide our communities. Madam President, I know you do too. I go to a 
lot of schools and talk to the children. I want them to understand that 
anytime they see a person in uniform, whether it be a policeman, 
fireman, or EMT, these are people willing to get in front of harm's way 
for their safety and sacrifice themselves for them. When you have a 
police officer willing to take a bullet for you, that is a pretty 
special person. They don't do it for the pay. I think we all know that. 
They are dedicated and committed to the well-being and safety of every 
American. We are very lucky to have them in our respective States of 
Iowa and West Virginia.
  This week, we must remember Joseph and the other 139 law enforcement 
officers who lost their lives in the line of duty in 2016 and continue 
to support their families as they continue to mourn their loss. We can 
never bring back the person who basically sacrificed for all of us, but 
we can make sure we never forget their families, and I hope we all do 
  This is a special week and a special day for these people we 
recognize. One hundred and thirty-nine people gave their lives for us. 
The least we can do is make sure that not only do we remember them but 
that we go beyond that in order to support the members of the family, 
their children who need a father or mother they might not have now, who 
need the nurturing and the financial support for their education so 
they can continue to grow to be good, healthy, productive adults. I 
hope we never forget.
  Madam President, 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. PORTMAN. 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. PORTMAN. Madam President, I rise today in strong support of 
Jeffrey Rosen to be the Deputy Secretary of Transportation. It is my 
understanding that later this evening we will have a vote on that 
nomination. It will be the first of a couple of votes.
  I would just ask my colleagues on the Democratic side and on the 
Republican side to look carefully at his qualifications and to be in a 
position to support this good public servant to be the new deputy at 
  I recall that this body overwhelmingly supported Elaine Chao to be 
the Secretary of Transportation. She is doing a terrific job, in my 
view. She needs help, and she needs a deputy in place. Jeff has gone 
through the proper process. We have had hearings, and he has been voted 
on in committee. It is time to get him there to help Secretary Chao to 
be able to have her team in place and accomplish the goals that so many 
of us share.

[[Page S2928]]

  Jeffrey is a graduate of Northwestern University and Harvard Law 
School. Here in DC, where there are lots of lawyers, he is one of the 
most respected ones. He has 30 years of experience handling very 
complicated, high-stakes cases. He has litigated in more than 20 
States. He has been in just about every setting imaginable: jury 
trials, bench trials, arbitrations, appellate arguments--on every 
topic--contracts, antitrust, securities, business torts, enforcement 
actions, product liability, and class actions. You name it, and he has 
been involved.
  He has a lot of experience. Maybe particularly relevant to this job 
at Transportation, in 2003 he was unanimously confirmed by this body to 
serve as the Chief Legal Officer at the Department of Transportation. 
There he supervised more than 400 lawyers at the Department of 
Transportation. As the top lawyer there, he wasn't afraid to roll up 
his sleeves and get involved in lots of issues, including policy 
issues. I think the kind of experience he gained there will make him 
very well qualified to serve now as Deputy Secretary of that same 
  He did such a good job that in 2006 I reached out to him and asked 
him to join my team at the Office of Management and Budget. I wanted 
somebody who was a good lawyer but also someone who could manage well 
and give me good advice, and Jeffrey Rosen was that person. I recruited 
Jeff to serve as general counsel and senior policy advisor at OMB. In 
that role, he was always vigilant about the use of taxpayer dollars, a 
guy who understands those hard-earned dollars need to be stewarded 
properly. He was someone who focused on management in the Department. 
He understood the need for us to ensure that taxpayers are getting the 
best bang for the buck, and, finally, maybe most important, he gave me 
good advice. He was insightful but also honest. I think that kind of 
candid advice is exactly what every Department Secretary or leader 
would want, and that is what he will provide should he become Deputy 
  Since that time, I have stayed up with Jeff. He has continued to give 
me good advice and counsel. He is a guy who is well regarded in the 
legal community here in town and someone who understands how the 
Department of Transportation works and what is needed to ensure that it 
will be successful.
  One thing that Jeff and I have in common is we married way over our 
heads. Kathleen is an Ohioan. She has the Ohio commonsense that makes 
Jeff, in my view, an even better public servant. They have three 
amazing kids--Anne, Sally, and James--and for all of Jeff's personal 
and professional accomplishments, he would be the first to say that his 
greatest pride is in his family--and rightly so, by the way.
  In my view, Jeff has the judgment, he certainly has the experience, 
he has the skills, and he has the right aptitude to be the Deputy 
Secretary of Transportation. He is needed now, and I urge my colleagues 
to vote in favor of the cloture motion today on his nomination and in 
favor of his nomination to ensure we can get him in place to help move 
the Department of Transportation forward.
  Thank you, Mr. President.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER (Mr. Daines). The clerk will call the roll.
  The senior assistant legislative clerk proceeded to call the roll.
  Mr. TESTER. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          National Police Week

  Mr. TESTER. Mr. President, I rise to honor and recognize the folks 
who are first to respond when crisis strikes--the folks who patrol our 
streets, keep our families safe, and are willing to enter harm's way on 
a daily basis.
  I rise today to honor our police officers in Montana and every corner 
of the country. Police officers answer a call to duty to protect and 
defend our communities. While this Nation's police forces are on 
patrol, it is critical that the folks in this body are doing everything 
we can to keep them safe on the job and to honor their service.
  To recognize National Police Week, I have partnered with Senators 
Boozman, Gardner, Moran, Udall, Blumenthal, and Carper to introduce the 
bipartisan Honoring Hometown Heroes Act. Our bill will provide the 
Governor of each State the ability to fly the American flag at half-
staff to honor a police officer or any first responder who dies in the 
line of duty. This bill will treat our fallen responders with the 
respect they deserve.

  In the past, Republicans and Democrats have worked together to 
strengthen resources for local police officers, and we have ensured 
that our first responders have access to critical healthcare services, 
but this bill is a bit different. This bill makes sure that our police 
officers and their families receive the recognition they deserve for 
their selfless service to their communities. When tragedy strikes, I 
think it is important the entire State takes a moment to honor that 
police officer who was lost while serving others.
  This bipartisan bill has the support of police officers and first 
responders from across the country--from the Fraternal Order of Police, 
the Federal Law Enforcement Officers Association, the International 
Association of Fire Chiefs, and the International Association of 
Firefighters, just to name a few.
  The Honoring Hometown Heroes Act will give our fallen first 
responders the honor they so much deserve, but for the police officers 
we have already lost, it is too late. Today is Peace Officers Memorial 
Day. Across the country, the names of fallen officers will be carved 
into granite, and their photos will be hung in stations for all to see. 
Yet these folks and their families did not have the honor of seeing 
their entire States mourn alongside them because flags were never flown 
at half-staff.
  To ensure that these folks get the recognition they deserve, today I 
enshrine in the Congressional Record the names of 128 law enforcement 
officials who have died in the line of duty. They have made the 
ultimate sacrifice while protecting their neighbors and keeping our 
communities safe. I ask unanimous consent that their names be printed 
in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

       Anaconda Police Dept.: Lieutenant Timothy Sullivan, 2/10/
     1985; Assistant Chief of Police Edwin E. Stuart, 6/6/1939; 
     and Policeman Patrick Dougherty, 6/3/1904.
       Beaverhead County Sheriff's Dept.: Sheriff Raymond Lamar 
     Davis, 8/9/1980 and Sheriff Cyrus King Wyman, 4/21/1920.
       Big Horn County Sheriff's Dept.: Deputy Sheriff Janet 
     Louise Rogers, 6/14/1990 and Sheriff Robert Peter Gilmore, 
       Billings Police Dept.: Detective Alexander Finalyson 
     Mavity, 2/14/1989; Patrolman Arthur D. Pettit, 12/21/1935; 
     Policeman Enos Nelson, 12/16/1917; and Sergeant Robert T. 
     Hannah, 7/2/1904.
       Blaine County Sheriff's Office: Undersheriff Patrick Alan 
     Pyette, 12/14/2011 and Deputy Sheriff Joshua Thomas 
     Rutherford, 5/29/2003.
       Butte Police Dept.: Policeman Nicholas Aleksich, 2/28/1937; 
     Policeman Thomas J. O'Neill, 12/25/1935; Chief of Police 
     Jeremiah Joseph Murphy, 9/20/1935; Police Officer Joseph E. 
     Sage, 4/8/1925; Policeman Bart J. McCarthy, 7/22/1916; 
     Policeman James H. Pace, 7/27/1915; Policeman Ivan W. 
     Lincoln, 3/30/1915; Policeman Joseph A. Freshman, 9/23/1906; 
     Policeman Fred A. Parlin, 3/18/1896; Policeman Frederick 
     Kranbeck, 1/15/1895; Policeman Dennis W. Daly, 7/4/1894; and 
     Policeman William F. Jordan, 6/24/1892.
       Cascade County Sheriff's Office: Deputy Sheriff Joseph 
     James Dunn, 8/14/2014 and Chief Deputy Sheriff Herbert Locke, 
       Columbia Falls Police Dept.: Town Marshal Leslie A. Green, 
     10/2/1937 and Town Marshal Jacob Neitzling, 4/19/1931.
       Columbus Police Dept.: Town Marshal Charles Davidson, 7/28/
       Custer County Sheriff's Dept.: Deputy Sheriff H. M. 
     ``Muggins'' Taylor, 10/1/1882.
       Dawson County Sheriff's Office: Sheriff Dominick Cavanaugh, 
       Denton Constable's Office: Constable A. B. Cheney, 10/28/
       Dillon Police Dept.: Patrolman Stephen Carl Shaffer, 2/14/
       East Helena Police Dept.: Patrolman Clifford Wayne Haskin, 
       Fairview Police Dept.: Chief of Police Orville Edwin 
     Sharbono, 3/17/1990.
       Fallon County Sheriff's Dept.: Sheriff William Homes, 8/7/
       Gallatin County Sheriff's Dept.: Deputy Sheriff Frank C. 
     Curtice, 10/10/1919; Deputy Sheriff Pomeroy Vrelland, 10/10/
     1919; Special Deputy Sheriff Jack Allen, 1/24/1897; and 
     Sheriff Silas Ralston, 9/5/1878.
       Glendive Police Dept.: Policeman Frank Cavanagh, 7/3/1946.
       Golden Valley County Sheriff's Dept.: Undersheriff Arthur 
     ``Buzz'' Burford, 4/14/1938 and Sheriff Jesse Garfield, 12/
       Great Falls Police Dept.: Senior Officer Shane Russell 
     Chadwick, 9/7/1994; Lieutenant

[[Page S2929]]

     Segval ``Sig'' Semingsen, 11/28/1935; Police Officer Frank H. 
     Connolly, 8/2/1920; Police Officer Luke Curry, 11/19/1898; 
     and City Marshal Commodore Perry Downing, 11/7/1895.
       Hardin Police Dept.: Policeman Leo Clinton Shonrock, 8/30/
       Havre Police Dept.: Policeman Fred Stevens, 5/25/1904.
       Helena Police Dept.: Police Office John W. Flynn, 4/11/
       Lake County Sheriff's Office: Reserve Deputy Deborah Jean 
     Hobbs, 1/16/2003.
       Lewis and Clark County Sheriff's Office: Sheriff George W. 
     Huffaker, 7/8/1921; Constable Valmore De Rosier, 9/13/1917; 
     and Deputy Sheriff Anthony Korizek, 8/12/1904.
       Lewistown Police Dept.: Patrol Officer Frank J. Draper, 12/
       Libby Police Dept.: Chief of Police John Ferdinand Bockman, 
       Liberty County Sheriff's Dept.: Undersheriff Otto S. 
     Fossen, 10/5/1957.
       Livingston Police Dept.: Chief of Police Peter Holt, 8/21/
     1929; Police Officer Martin Zollman, 8/21/1929; and Police 
     Officer Charles Wilson, 8/20/1924.
       Madison County Sheriff's Office: Sheriff Frank S. Metzel, 
     10/27/1930 and Sheriff James E. Summers, 1/25/1901.
       Meagher County Sheriff's Dept.: Sheriff Michael James 
     Bergan, 2/19/1955; Deputy Sheriff James Mackay, 5/13/1893; 
     and Special Deputy Sheriff William Rader, 5/9/1893.
       Miles City Police Dept.: Policeman James Fraser, 8/7/1935.
       Mineral County Sheriff's Office: Sheriff Alfred F. Klugman, 
       Missoula County Sheriff's Office: Sergeant Allen Leslie 
     Kimery, 12/6/1984; Deputy Sheriff Lloyd J. Stringer, 3/11/
     1941; Sheriff Lyle Ward, 3/26/1934; Special Deputy Edmund 
     Trudeau, 2/14/1904; and Undersheriff James Thompson, 7/1/
       Missoula Police Dept.: Police Officer Robert Heinle, 2/12/
     2010; Officer Stephen A. LePiane, 11/5/1982; Sergeant Donald 
     E. Gregory, 1/27/1976; and Merchant Policeman Alexander David 
     Ross, 3/17/1931.
       Mont. Dept. of Corrections--State Prison: Correctional 
     Officer Richard C. Wallace, 12/20/1985; Deputy Warden 
     Theodore Rothe, 4/16/1959; Guard Frank L. Russell, 1/22/1938; 
     and Deputy Warden John Robinson, 3/8/1908.
       Montana Dept. of Justice--Division of Criminal 
     Investigation: Agent Randolph Scott Gergesheimer, 2/20/1980.
       Montana Highway Patrol: Trooper David James DeLaittre, 12/
     1/2010; Trooper Michael Warren Haynes, 3/27/2009; Trooper 
     Evan Frederick Schneider, 8/26/2008; Trooper David A. Graham, 
     10/9/2007; Patrolman Michael M. Ren, 4/8/1978; Patrolman 
     Richard E. Hedstrom, 7/19/1973; Patrolman James H. Anderson, 
     7/24/1954; and Patrolman Robert G. Steele, 11/2/1946.
       Park County Sheriff's Office: Undersheriff Roy Hodges, 4/
     18/1954 and Sheriff George T. Young, 11/9/1900.
       Poplar Police Dept.: Police Officer Oscar Theodore 
     Peterson, 11/18/1950.
       Powell County Sheriff's Dept.: Undersheriff George 
     Warburton, 4/20/1920.
       Ravalli County Sheriff's Dept.: Deputy Sheriff William 
     Wolfe, 8/24/1997.
       Richland County Sheriff's Dept.: Deputy Sheriff George 
     Eikhoff, 2/6/1962.
       Rosebud County Sheriff's Office: Sheriff William Moses, 1/
     19/1914 and Undersheriff Orville Bitle, 12/16/1911.
       Shelby Police Dept.: Chief of Police Ed TenBroeck, 12/22/
       Sheridan County Sheriff's Dept.: Sheriff Tom A. Courtney, 
     4/4/1913 and Undersheriff Richard Burmeister, 4/4/1913.
       Silver Bow County Sheriff's Dept.: Deputy Sheriff Batt 
     Arrigoni, 12/29/1911; Special Deputy Sheriff Charles B. 
     Streb, 7/24/1911; and Deputy Sheriff John J. Streb, 12/20/
       Sweet Grass County Sheriff's Dept.: Undersheriff H. Frank 
     Whitsel, 8/24/1931 and Deputy Sheriff Joseph S. ``Joe'' 
     Brannin, 11/16/1911.
       Teton County Sheriff's Dept.: Deputy Sheriff Julius B. 
     Olson, 9/30/1935.
       Thompson Falls Police Dept.: Chief of Police Don Richard 
     Williams, 1/7/1974.
       Toole County Sheriff's Dept.: Undersheriff James Shelton 
     Alsup, 12/22/1935.
       Treasure County Sheriff's Office: Undersheriff Irving 
     Keeler, 12/9/1921.
       Valley County Sheriff's Office: Posseman Charles Hill, 6/
     15/1903 and Deputy Jack Faul Williams, 6/6/1903.
       West Yellowstone Police Dept.: Police Officer Patrick Roy 
     Kramer, 11/22/2006.
       Whitefish Police Dept.: Police Officer Lloyd Eugene Murphy, 
       Yellowstone County Sheriff's Office: Deputy Sheriff David 
     Leroy Briese, Jr., 11/3/2006; Undersheriff Ed O'Donnell, 6/
     26/1941; Sheriff Russell J. Sage, 7/6/1926; and Sheriff James 
     T. Webb, 3/24/1908.
       Montana Dept. of Fish, Wildlife and Parks: Game Warden 
     Robert M. May, 12/6/1988; Game Warden Delbert E. Bloom, 6/2/
     1979; Game Warden Eugene Sara, 1/7/1974; Game Warden I. L. 
     Todd, 12/27/1967; Game Warden John C. Thompson, 11/10/1960; 
     Game Warden Marion R. Ammerman, 2/13/1958; Game Warden Roy 
     Thompson, 8/19/1957; Game Warden Harold Gartside, 4/24/1955; 
     and Deputy Game Warden Charles B. Peyton, 10/18/1908.

  Mr. TESTER. In going forward, it is critical that our police officers 
receive the honor they so much deserve.
  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. THUNE. 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. THUNE. Mr. President, I rise to voice my strong support for the 
nomination of Jeff Rosen to be the next Deputy Secretary of 
  Mr. Rosen has had a long and distinguished career in transportation 
policy and public service. He is currently a partner at the law firm of 
Kirkland & Ellis, where he has worked on a range of regulatory and 
litigation matters for more than 30 years. Prior to starting his career 
at the firm, he obtained his bachelor's degree in economics at 
Northwestern University and his law degree from Harvard Law School.
  Mr. Rosen's private sector experience has been punctuated by 
significant leadership positions in the public sector. Mr. Rosen served 
as the General Counsel of the Department of Transportation from 2003 to 
2006 after winning Senate confirmation by a voice vote. He also served 
as the General Counsel and Senior Policy Adviser at the White House 
Office of Management and Budget from 2006 to 2009. Mr. Rosen's prior 
experience in government is a testament to his ability to lead, manage, 
and effectively operate within the Federal Government.
  If confirmed as Deputy Secretary of Transportation, Mr. Rosen will be 
responsible for overseeing the daily operations of the Department. He 
will also oversee the DOT's 10 modal administrations and approximately 
55,000 employees and will exercise stewardship for the Department's 
budget and its efforts to provide funding for State and local 
transportation projects.
  Mr. Rosen's fundamental responsibility will be to ensure that the 
DOT's crucial mission--the safe and efficient movement of goods and 
people across our Nation and the world--is achieved while fostering 
innovation and maintaining the reliability of our infrastructure.
  As I mentioned, Mr. Rosen brings valuable experience to this 
position. As the DOT's General Counsel during the George W. Bush 
administration, Mr. Rosen had responsibility for the DOT's regulatory 
programs, enforcement, litigation activities, legal issues relating to 
international transportation activities, and legislative proposals. He 
acted as counsel to Secretary Norman Mineta. Later, as General Counsel 
and Senior Policy Adviser at the OMB, Mr. Rosen served as the Bush 
administration's top lawyer for regulations, fiscal issues, and 
executive orders.
  Of note, during the past 2 years, Mr. Rosen has served as chair of 
the American Bar Association's Section of Administrative Law and 
Regulatory Practice, where he has been praised for revitalizing the 
section with more debate and programs while seeking consensus on 
recommended changes to the Administrative Procedure Act. His thoughtful 
leadership will be valuable as the Department of Transportation looks 
toward a pro-growth agenda in the transportation sector.
  On March 29, 2017, I held a hearing in the Senate Commerce, Science, 
and Transportation Committee to consider his nomination. I was 
impressed, as were my colleagues on the committee, with Mr. Rosen's 
credentials, experience, and depth of knowledge on transportation 
  On April 5, 2017, the Commerce, Science, and Transportation Committee 
acted by a rollcall vote to favorably report his nomination to the 
floor. While it is my hope that the Senate will confirm this 
exceptionally well-qualified nominee today, it is my understanding that 
some of my Democrat colleagues will oppose him. It is my understanding 
that their decision is, in large part, because Mr. Rosen refused to 
publicly oppose President Trump's proposed budget at his confirmation 
hearing last month. I think this is an unfair basis for opposing such a 
well-qualified nominee.

  I believe Mr. Rosen's extensive and distinguished career in 
transportation policy and prior public service will be an asset in 
addressing the infrastructure challenges our Nation faces.
  I look forward to confirming Mr. Rosen's nomination, and I urge my 
colleagues to support his nomination.
  Mr. President, I yield the floor.

                             Cloture Motion

  The PRESIDING OFFICER. Pursuant to rule XXII, the Chair lays before 

[[Page S2930]]

Senate the pending cloture motion, which the clerk will state.
  The bill clerk read as follows:

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     do hereby move to bring to a close debate on the nomination 
     of Jeffrey A. Rosen, of Virginia, to be Deputy Secretary of 
         Mitch McConnell, John Cornyn, Tom Cotton, Dan Sullivan, 
           Shelley Moore Capito, John Barrasso, Roger F. Wicker, 
           Mike Rounds, Orrin G. Hatch, Bill Cassidy, Pat Roberts, 
           Mike Crapo, Lamar Alexander, Richard Burr, John Thune, 
           Jerry Moran, James E. Risch.

  The PRESIDING OFFICER. By unanimous consent, the mandatory quorum 
call has been waived.
  The question is, Is it the sense of the Senate that debate on the 
nomination of Jeffrey A. Rosen, of Virginia, to be Deputy Secretary of 
Transportation shall be brought to a close?
  The yeas and nays are mandatory under the rule.
  The clerk will call the roll.
  The assistant bill clerk called the roll.
  Mr. CORNYN. The following Senators are necessarily absent: The 
Senator from Arizona (Mr. Flake), the Senator from Georgia (Mr. 
Isakson), the Senator from Kansas (Mr. Moran), the Senator from Alaska 
(Ms. Murkowski), the Senator from Nebraska (Mr. Sasse), and the Senator 
from Pennsylvania (Mr. Toomey).
  Further, if present and voting, the Senator from Kansas (Mr. Moran) 
would have voted ``yea.''
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The yeas and nays resulted--yeas 52, nays 42, as follows:

                      [Rollcall Vote No. 128 Ex.]




     Cortez Masto
     Van Hollen

                             NOT VOTING--6

  Thre PRESIDING OFFICER (Mrs. Ernst). On this vote, the yeas are 52, 
the nays are 42.
  The motion is agreed to.
  The majority leader.