Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 114 CONGRESS, SECOND SESSION

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 114 CONGRESS, SECOND SESSION

Vol. 162 WASHINGTON, WEDNESDAY, FEBRUARY 10, 2016 No. 24 House of Representatives The House met at 10 a.m. and was In the United States, we often take erage industry, for example, that have called to order by the Speaker pro tem- those conditions for granted. But as a keen interest in maintaining water pore (Mr. JODY B. HICE of Georgia). has been demonstrated recently in infrastructure would, on a voluntary f Flint, Michigan, we do so at our peril basis, pay a miniscule fee. In exchange, because we have serious problems right they would be designated as supporting DESIGNATION OF SPEAKER PRO here in the United States. It is not just the clean water trust fund. TEMPORE Flint, Michigan. There are up to 10 mil- It is estimated that this could gen- The SPEAKER pro tempore laid be- lion lead water lines that remain where erate up to $7 billion annually in new fore the House the following commu- even a slight change in the water revenue that could go to State and nication from the Speaker: chemistry, even from just repairing it, local governments as grants and loans, WASHINGTON, DC, can damage lead pipes enough to start which in turn could leverage even more February 10, 2016. contaminating people’s water. What is money. I hereby appoint the Honorable JODY B. underground and out of sight is actu- This legislation would also give di- HICE to act as Speaker pro tempore on this ally in worse condition than our crum- rection and resources for the EPA to day. bling roads and bridges. America leaks deal with the affordability gap. We can PAUL D. RYAN, more water than we drink every day. Speaker of the House of Representatives. actually finance much of the needed In the aftermath of the recession, we water and infrastructure improve- f have seen States cut drinking water ments, but we are hamstrung because MORNING-HOUR DEBATE budgets and staff. The Federal Govern- there is understandable reluctance to ment had cut our investment in drink- raise rates that fall too much on the The SPEAKER pro tempore. Pursu- ing water infrastructure by more than ant to the order of the House of Janu- poorest of citizens. Thus, we are in a 80 percent by 1980. This, despite the cycle of unpaid water and sewer bills ary 5, 2016, the Chair will now recog- fact that ours is a growing country nize Members from lists submitted by that leaves nobody with satisfactory with aging infrastructure that was alternatives. the majority and minority leaders for rated a D by the American Society of This legislation would give more morning-hour debate. Civil Engineers in their latest report. The Chair will alternate recognition Now, I am pleased that the adminis- money to State and local governments, between the parties, with each party tration in its budget would put a little allowing them to leverage additional limited to 1 hour and each Member extra money to help replace lead pipes. money and to focus on ways to deal other than the majority and minority Sadly, that is being financed by cut- with a very substantial problem of low leaders and the minority whip limited ting even more from the Clean Water income for whom access to safe drink- to 5 minutes, but in no event shall de- State Revolving Fund, essentially at ing water and sanitation is every bit as bate continue beyond 11:50 a.m. the expense of keeping water clean in fundamental a human right as what we are doing to help poor people overseas f the first place. We should look at our water infra- achieve. DEDICATED WATER structure as an entire system and in- Mr. Speaker, I celebrate Secretary INFRASTRUCTURE TRUST FUND creased Federal investment is long Clinton and a number of our colleagues The SPEAKER pro tempore. The overdue. We would have to increase our going to Flint, Michigan, to focus on Chair recognizes the gentleman from funding 500 percent to reach the level the problem. I applaud people who are Oregon (Mr. BLUMENAUER) for 5 min- of spending during Jimmy Carter’s looking at where the system failed, but utes. presidency. I would hope we would pay as much at- Mr. BLUMENAUER. Mr. Speaker, I I have long advocated the develop- tention to the systematic failure of came to Congress committed to help- ment of a water infrastructure trust Congress and at the State level to ating the Federal Government do a bet- fund. We have reintroduced a bipar- tach priority to this fundamental ter job dealing with water and sanita- tisan, budget-neutral solution to create building block for a livable commu- tion. We have had great success inter- a dedicated water infrastructure trust nity. nationally raising the profile and di- fund to provide additional revenue to I hope my colleagues will join me, recting more money in a more effective State and local water and sanitation not just in cosponsoring H.R. 4468, but way to deal with water and sanitation projects. It is financed by a voluntary enacting the trust fund and fighting for in poor countries, making a difference program where businesses that rely budgets that represent the resources in millions of lives. heavily on clean water, like the bev- this crisis demands.

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Sep 11 2014 23:36 Feb 10, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A10FE7.000 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H654 CONGRESSIONAL RECORD — HOUSE February 10, 2016 DEDICATED WATER tion’s first public July 4th celebration cessions for the public good that will INFRASTRUCTURE TRUST FUND that took place in 1783. Most impor- ultimately benefit all stakeholders. I The SPEAKER pro tempore. The tantly, the local community will come sense that a bipartisan consensus is fi- Chair recognizes the gentlewoman from together to celebrate and reflect on nally emerging in support of reason- North Carolina (Ms. FOXX) for 5 min- how Salem’s past informs its present able debt restructuring authority for utes. and shapes its future. Puerto Rico. Ms. FOXX. Mr. Speaker, next week f Second, the bill should address the outrageous disparities that Puerto marks an important milestone in the FORTHCOMING LEGISLATION ON Rico faces under key Federal programs, history of North Carolina’s Piedmont PUERTO RICO region—the 250th anniversary of the a main driver of our deficits and debt. founding of the town of Salem. The SPEAKER pro tempore. The Consider that historically, Puerto Rico In 1752, Moravian Church leaders pur- Chair recognizes the gentleman from received $300 billion in annual Medicaid chased a 100,000-acre tract in North Puerto Rico (Mr. PIERLUISI) for 5 min- funding, while the similarly sized Or- Carolina from the British Lord Gran- utes. egon receives $5 billion. I challenge any ville. On February 19, 1766, twelve Mo- Mr. PIERLUISI. Mr. Speaker, Con- State to run a decent Medicaid pro- ravian brethren from nearby settle- gress will hold its eighth hearing on gram with that insulting sum without ments made an 8-mile journey to estab- Puerto Rico later this month. At the overborrowing in the capital markets. lish the town of Salem, a new commu- direction of Speaker RYAN, the Natural Impossible. nity that would serve as the tract’s Resources Committee will then lead an Finally, the Puerto Rico Government commercial center. effort to craft legislation for the terri- has a record of fiscal mismanagement. Moravian Church leaders decided tory. The record will demonstrate that This is a painful fact, but a fact none- that the new town should have the con- there is not a single crisis in Puerto theless. We must face up to it, resolve venience of running water to the build- Rico, but a series of intertwined crises. to do better, and welcome some tem- ings. The town built a waterworks, It is an economic crisis, a fiscal crisis, porary assistance. I would support the which was constructed by burying a liquidity crisis, a debt crisis, an im- creation of an independent board to ap- hollowed logs from springs located migration crisis, and a public adminis- prove Puerto Rico Government’s finan- about a mile away. This addition to Sa- tration crisis. cial plan and annual budgets and to lem’s infrastructure attracted the at- If you visualize Puerto Rico as a tree help ensure they are adhered to. tention of President George Wash- and each crisis as a withering branch, The past is not always a prologue. ington, who visited in 1793. the root of the tree is Puerto Rico’s un- There is no reason why future Puerto However, Washington was not the equal and undignified political status. Rico leaders cannot embrace fiscal dis- first famous visitor to Salem. In 1767, While the immediate aim is to mend cipline, as distinct from austerity, and the royal Governor William Tryon the branches, ultimately, we will need rapidly put the oversight board out of heard about the building going on in to attack the problem at its root and business. And Congress should be care- North Carolina’s northwest wilderness. that means Puerto Rico must become a ful about casting moral judgment on He and his wife made the long journey State or a sovereign nation. Puerto Rico since the Federal Govern- from New Bern to examine the Last week, Antonio Weiss, a senior ment has a $14 trillion debt that is 75 Moravians’ new settlement firsthand. Treasury Department official, stated as percent of the GDP. We, in Puerto Along with its advanced plumbing, follows: Rico, are responsible for our actions, Salem was also at the forefront of in- There is no question that status is vitally but Congress is responsible for its ac- novative medicine and was home to the important. Why are we proposing that re- tions and inaction as well. first university-educated physician in structuring authorities and the earned income tax credit and fair Medicaid treatment A balanced board will obtain buy-in western North Carolina. In addition, be provided to Puerto Rico? Well, as a terri- from government, business, and labor Salem was known across the colonial tory, Puerto Rico’s status does not afford it leaders in Puerto Rico and can serve as South as a place of commerce and adequate tools in those three areas. So we a bridge to a brighter future. However, trade, renowned for its pottery, fur- believe that we need to afford the Common- a punitive board that disrespects my niture, silver, and other artistic trades. wealth those tools that it needs so it can constituents and tramples on the prin- In 1913, the town of Salem, with its navigate this crisis. And we agree that over ciple of states’ rights will transform focus on craftsmanship, sustainability, a long period of time, status has contributed me from an ally to an adversary very to this crisis. education, and religion merged with quickly. the fast-paced industrial town of Win- Since the problem in Puerto Rico has f ston, thus becoming Winston-Salem. multiple dimensions, the legislative so- Today, Winston-Salem is the fifth lution should as well. First, the bill b 1015 largest city in North Carolina. It is must empower Puerto Rico to restruc- DEBT CEILING BILL IS home to six colleges and universities, ture a meaningful portion of its debt. FINANCIALLY IRRESPONSIBLE including Salem College, the oldest The bill could provide a period in which continuously running women’s college consensual negotiations between bond The SPEAKER pro tempore. The in the United States, as well as the insurers and their creditors, mediated Chair recognizes the gentleman from prestigious Wake Forest University by neutral experts, can take place. If Alabama (Mr. BROOKS) for 5 minutes. and Winston-Salem State University. those negotiations do not bear fruit, Mr. BROOKS of Alabama. Mr. Speak- Reaffirming this time-honored tradi- the Puerto Rico Government should be er, America entrusted Republicans tion of forging boldly ahead, the city empowered to authorize its instrumen- with the House in 2010 and the Senate continues to build a diverse business talities to adjust their debts under in 2014. space leading in the areas of nanotech- chapter 9 of the Federal Bankruptcy Democrats lost Congress because nology research, finance, and manufac- Code, a right that every State has and their financially irresponsible conduct turing. that Puerto Rico used to have. and trillion-dollar deficits threaten The original settlement is a living Puerto Rico’s congressionally ap- America with a debilitating insolvency history museum that engages visitors proved constitution provides that and bankruptcy. in an educational, historical experience bonds issued or guaranteed by the cen- House Republicans inherited a $1.3 about those who lived and worked in tral government receive priority pay- trillion deficit in 2011. They cut it to the early South. ment. What binds us together as Amer- $1.1 trillion in 2012, cut it to $680 billion During the yearlong anniversary icans—and Puerto Ricans are proud in 2013, cut it to $485 billion in 2014, and celebration, the Moravian Church, Old American citizens—is our commitment cut it to $439 billion in 2015. Salem, the City of Winston-Salem, and to the rule of law. House Republicans did what the Forsyth County will honor important While I do not believe that Congress American people elected them to do. In milestones in the town’s 250-year his- should override Puerto Rico’s constitu- each election thereafter, we were en- tory, such as George Washington’s two- tion, I do expect all creditor classes, in- trusted with 2 more years of a House night visit to Salem in 1739 and the Na- cluding GO bondholders, to make con- Republican majority.

VerDate Sep 11 2014 23:36 Feb 10, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K10FE7.004 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE February 10, 2016 CONGRESSIONAL RECORD — HOUSE H655 Unfortunately, newly released data and debt and have the backbone to fix The President’s leadership and emer- from the nonpartisan Congressional it? The answer to that question deter- gency request on this urgent issue is Budget Office reveals America’s finan- mines whether America continues as a warranted and necessary to respond ag- cial condition has taken a sharp turn great nation and world power or de- gressively to the Zika virus early on. for the worse. clines into the dustbin of history. He is treating this with the seriousness According to the CBO, the first quar- Mr. Speaker, I can’t speak for anyone it deserves, recognizing this global pub- ter fiscal year 2016 deficit deteriorated else, but as for me, MO BROOKS from lic health threat, the impacts, and by $36 billion compared to 2015’s first Alabama’s Fifth Congressional Dis- long-lasting effects of which still are quarter deficit. If extrapolated to a full trict, I fight for financial responsi- not fully known. year, America’s FY 2016 deficit would bility and prosperity and against an At the end of last year, Congress be $583 billion. That is $144 billion American bankruptcy and economic came together and passed a bipartisan worse than in fiscal year 2015. depression. omnibus spending bill that increased Out-of-control spending was the prob- f funding for public health preparedness lem, not taxes. During the first quar- and response by more than $52 million EMERGENCY REQUEST FOR $1.8 ter, tax revenues were up 4 percent, but than the previous fiscal year, but this BILLION TO FIGHT ZIKA VIRUS spending was up even more, at 7 per- additional emergency funding request cent. The SPEAKER pro tempore. The is necessary now in communities like Now, for the first time since I have Chair recognizes the gentlewoman from mine on Hawaii Island and in different been in Congress, Republican com- Hawaii (Ms. GABBARD) for 5 minutes. parts of the country to combat disease- promises and surrenders to Obama and Ms. GABBARD. Mr. Speaker, I rise transmitting mosquito viruses like Democrats have made America’s defi- today to strongly urge my colleagues Zika and Dengue fever. cits worse, not better. to support the President’s emergency It is imperative that Congress, Fed- This Congress broke open our kids’ request of $1.8 billion to fight the eral agencies, local governments, and piggy banks, stole money we cannot spread of the Zika virus, a dangerous, private sector partners partner to- pay back, and used it to pay for a tril- mosquito-borne illness that has sur- gether to take action now to deal with lion-dollar omnibus spending bill that faced in my home State of Hawaii and the outbreaks we already have and pre- adds tens of billions of dollars to 2016’s in at least 12 other States across the vent something far worse from occur- deficit. I am proud I voted against the country. ring. financially irresponsible omnibus. The symptoms and effects of the Zika I look forward to working with my Mr. Speaker, America’s Comptroller virus, which have prompted an inter- colleagues to push this critical public General and the CBO repeatedly warn national public health emergency from health funding forward. that America’s financial path is the World Health Organization, are not f ‘‘unsustainable,’’ meaning America dissimilar to another mosquito-borne faces a debilitating insolvency and disease, Dengue fever. PFC JOSEPH P. DWYER VETERANS bankruptcy unless we get our financial Dengue fever is spread through the PEER SUPPORT PROGRAM house in order. very same Aedes aegypti mosquito as The SPEAKER pro tempore. The Further, the CBO warns that, absent carries the Zika virus, as well as other Chair recognizes the gentleman from correction, America’s debt service mosquito variations. Like the Zika New York (Mr. ZELDIN) for 5 minutes. costs will increase by $600 billion per virus, Dengue fever symptoms include Mr. ZELDIN. Mr. Speaker, this week year within a decade, roughly what fevers, rashes, joint and muscle pains, I introduced legislation in the House to America spends on national defense, severe headaches, and other painful expand the PFC Joseph P. Dwyer Vet- which begs the question: Where will symptoms. erans Peer Support Program to the na- the money come from for an additional The CDC has reported the harmful tional level. annual $600 billion debt service pay- symptoms and effects of both Zika and PFC Joseph Dwyer was from Mount ment? Dengue and the ability of both of these Sinai, New York, located in my home America’s total debt approached $14 diseases to spread very rapidly through district of Suffolk County. trillion when I was elected to Congress mosquitos present in many regions of PFC Dwyer served in Iraq and rein 2010. We have blown through the $19 the United States, including in my ceived nationwide recognition for a trillion mark. Now the CBO projects home district. photograph that went viral, showing America will blow through the $29 tril- So far, there have been around 50 him cradling a wounded Iraqi boy while lion debt mark in a decade. cases of Zika virus confirmed in the his unit was fighting its way up to the For emphasis, Washington is engaged United States. But in the past 16 capital city of Baghdad. in the worst generational theft in weeks, there have been 252 known cases Sadly, after returning home and American history. Washington steals of Dengue fever on Hawaii Island alone. struggling with PTSD, PFC Dwyer died from our children and grandchildren Now, Mayor Billy Kenoi, Hawaii in 2008 and left behind a young widow, with a callous devil-may-care attitude County’s mayor, on Monday announced Matina, and a 2-year-old daughter, so that we can today live high on the a state of emergency for the county to Meagan. hog, even though it forces our children deploy more resources to battle this In 2012, while serving in the New into hardship and poverty. Dengue fever outbreak. York State Senate, I created the Economic principles don’t care if you I have asked our Governor to declare Dwyer Program as part of the 2012–2013 are a family, a business, or a country. a state of emergency in response to State budget. Originally in four coun- If you borrow more money than you this outbreak so that the people of Ha- ties, including Suffolk, this program can pay back, you go bankrupt. Time is waii can receive every resource avail- has since expanded to over a dozen running out. Washington must balance able to protect themselves, to eradi- counties throughout New York. the budget before America’s debt bur- cate this mosquito and its breeding The Dwyer Program is a peer-to-peer den spirals out of control, before it is grounds, and stop the spread of Dengue support program for veterans suffering too late to prevent the debilitating in- fever, which has quickly become the from post-traumatic stress disorder solvency and bankruptcy that awaits largest outbreak in the State of Hawaii and traumatic brain injury. The pro- us. since the 1940s. gram provides a safe, confidential, and Mr. Speaker, Americans are right- The CDC has activated its emergency educational platform where all vet- fully angry at Washington elected offi- operations center to level 1 status. erans are welcome to build vet-to-vet cials who care more about special in- Now, to put this level 1 status in con- relationships, supporting each other’s terest campaign contributions than text, the CDC has only raised the emer- transition from service to post-service American voters or America’s future. gency operations center to level 1 three life. Will the American people channel times in the past: during the Ebola During the first year alone, we were their anger in the 2016 elections and outbreak in 2014, during the H1N1 pan- able to conduct 148 group sessions, elect Washington officials who both un- demic in 2009, and after Hurricane serving 450 veterans just within Suf- derstand the threat posed by deficits Katrina in 2005. folk. Since 2013, the program has

VerDate Sep 11 2014 23:36 Feb 10, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K10FE7.005 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H656 CONGRESSIONAL RECORD — HOUSE February 10, 2016 helped over 1,500 veterans in New York we are prepared to combat the spread must remain bipartisan. As the author State battling PTSD and TBI. of any infectious diseases. With this of the Combating BDS Act of 2016, I With the success that we have had in bill’s passage out of committee, it is look forward to working with my col- New York, I know that, if we make this clear that my colleagues in Congress leagues on both sides of the aisle to ad- program national, we will ensure that share my view. vance this powerful and important leg- every veteran across America will I will continue to push for full pas- islation. eventually have access to a peer-to- sage of my Counterterrorism Screening f peer support group. and Assistance Act in the House and IRAN’S HOSTILITY MUST BE With the VA reporting that an esti- urge my colleagues to bring this bipar- COMBATED mated 22 veterans a day commit sui- tisan bill to the House floor for a vote. cide, this national effort is long over- f The SPEAKER pro tempore. The due. We must ensure that all veterans Chair recognizes the gentleman from across America receive the proper care COMBATING BDS ACT OF 2016 Illinois (Mr. ROSKAM) for 5 minutes. they need and deserve. The SPEAKER pro tempore. The Mr. ROSKAM. Mr. Speaker, I rise I will be working hard to spread Chair recognizes the gentleman from today to speak about the Islamic Re- awareness of my bill, gather cosponsors Illinois (Mr. DOLD) for 5 minutes. public of Iran—its past and its future. and the support of veteran groups and Mr. DOLD. Mr. Speaker, in recent February 11 is just an ordinary day mental health organizations from all years, the boycott, divestment, and for Americans, but in Iran, tomorrow is across the country so that we can pass sanctions movement, more commonly anything but ordinary. Military pa- this bill as soon as possible. known as the BDS movement, has been rades and massive state-sponsored cele- WE MUST ACT NOW ON THE ZIKA VIRUS employed as a hateful weapon to brations fill the streets of Tehran and Mr. ZELDIN. Mr. Speaker, shifting delegitimize the State of Israel and all cities across the Islamic Republic. In gears, on a completely separate topic, I those who stand with her. just a few hours, it will be Islamic Rev- also rise today to discuss the mosquito- The BDS movement has neither olution’s Victory Day in Iran. The re- borne Zika virus, which has spread at brought Israelis and Palestinians clos- gime celebrates 37 years since the vio- rapid rates across South America, Cen- er to peace nor advanced the laudable lent coup that brought the Ayatollah tral America, and the Caribbean, in- goal of improving dialogue between the Khomeini to power and transferred fecting individuals in more than 25 supporters of both sides. Instead, it has Iran into a fundamentalist Islamic the- countries. served as a means to demagogue Israel ocracy and the world’s largest state Zika has caused widespread alarm and inflame tensions in communities sponsor of terrorism. across the global community after and college campuses around our Na- It is a dark period of history, Mr. Brazil reported a rise in the reported tion. Speaker. Thousands of innocent people cases of microcephaly, a disease that Rather than sit back and react to the were killed as the revolutionaries con- leads tragically to a baby being born BDS movement’s aggressive efforts to solidated power. The U.S. Embassy was with an unusually small head and brain foment hatred for Israel, it is time to overrun and more than 50 Americans damage. take charge and simply say: ‘‘Enough.’’ were held hostage for 444 days. What is so concerning about the Zika It is time to go on offense against the The United States has seen six Presi- virus is how easily it can spread. The BDS movement’s ongoing economic dents since 1979, reflecting a broad virus is spread not only through a mos- warfare targeting Israel. range of leadership styles and gov- quito bite, but also by contact with in- That is why I am proud to announce erning philosophies. The Islamic Re- fected blood or sexual contact. the Combating BDS Act of 2016, bipar- public has been led by two Supreme Furthermore, there is currently no tisan legislation that I am introducing Leaders, both zealots fanatically com- vaccine to prevent or any medicine to with the gentleman from California mitted to the revolutionary ideas they treat the virus. All these factors have (Mr. VARGAS), a courageous leader in espouse being celebrated on the streets led the World Health Organization to the anti-BDS movement. of Tehran on this day. Make no mis- declare the Zika virus a public health The Combating BDS Act of 2016 af- take, Mr. Speaker, we are dealing with emergency. firms on the Federal level the author- the same Iran today as we were in 1979. Confirmed cases of the Zika virus ity of State and local governments to The only day being celebrated by have been popping up across the U.S., divest public funds or entities that en- some Americans at the moment is im- including at least three confirmed gage in commerce or investment-re- plementation day, as President cases in my home district of Suffolk lated boycott, divestment, or sanctions Obama’s dangerous nuclear deal has County, Long Island. activity targeting Israel. now come and gone. The world is much With the recent outbreaks and the Here is why this idea is so important. more dangerous because of it. number of Zika cases among travelers Similar to previous local efforts to di- Iran, the leading patron of global ter- visiting or returning to the United vest from companies doing business rorism, just received a $100 billion States, it is only a matter of time be- with Iran, we are now seeing a growing check. The mullahs continue to foment fore this becomes a widespread epi- movement in State and local govern- violence and chaos across the Middle demic right here at home. This is why ments throughout the Nation to enact East, and their nuclear structure re- we must act now. measures to divest public funds from mains intact. The Obama administra- I recently introduced legislation, the entities participating in anti-Israel tion has long argued that we would Counterterrorism Screening and As- BDS. only be giving them $50 billion, but sistance Act of 2016, H.R. 4314, which even they have conceded that it is clos- 1030 passed the House Committee on For- b er to $100 billion or more. eign Affairs with bipartisan support. The Combating BDS Act of 2016 We were also told that Iran would One key aspect of this legislation is strengthens these efforts by affirming moderate its behavior as a result of that the bill would put in place a moni- the legal authority of State and local this capitulation. Just in the past few toring system that would screen for in- governments to act on divestment weeks, Iran captured and humiliated fectious diseases abroad to contain and without running afoul of any potential American sailors, illegally launched prevent any potential outbreaks. Federal limitations. ballistic missiles, fired rockets within The bill also helps quarantine the This important legislation empowers 1,500 yards of U.S. ships, and flew a virus, authorizing the Secretary of community leaders and individuals drone over a U.S. aircraft carrier. The Homeland Security to provide equip- who seek to counter the hateful tar- list goes on and on. ment and supplies to mitigate the risk geting and delegitimization against Iranian Special Forces continue to or threat of infectious diseases such as Israel, and it sends an unquestionable assist al-Assad in his slaughter of inno- Zika. message about where the United States cents in Syria. Over 200,000 have been This is a measure that is long over- Congress stands on BDS. killed so far. Iranian-backed militias due to protect not only our homeland This is not about left versus right. are likely responsible for kidnapping from terrorism, but also to ensure that This is about right versus wrong. It three American contractors in Iraq.

VerDate Sep 11 2014 23:36 Feb 10, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K10FE7.007 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE February 10, 2016 CONGRESSIONAL RECORD — HOUSE H657 It doesn’t take much imagination to We know that terrorists study our able risk to the security of our Nation figure out what Iran will do with an- vulnerabilities and make their plans and, quite frankly, the world. other $100 billion, which is the windfall accordingly. Yet, even after the rec- The high percentage of reengagement that they are about to receive based on ommendations of the 9/11 Commission clearly exposes the fact that we have this bad deal. As President Obama and emphasized the importance of ‘‘a lay- just simply failed to properly identify Secretary Kerry have both begrudg- ered security system,’’ we have not the threat posed by transferred detain- ingly admitted, it is nearly certain taken the simple, cost-effective step to ees and provide necessary safeguards to that the Iranians will use this money protect the skies above us with the in- protect our citizens—safeguards that to sow the seeds of even more death stallation of secondary barrier doors. should have been in place before one and destruction. Think about that. These lightweight, wire-mesh gates single transfer ever took place. They are nearly certain that part of can be closed whenever the cockpit Given the dire national security im- this $100 billion will go there. door is opened and effectively protect plications posed by these detainee The Islamic Republic is not our against a terrorist—or team of terror- transfers, I, along with 23 of my col- friend, Mr. Speaker. It is a dangerous ists—rushing the cockpit by providing leagues in this House, sent a letter last geopolitical foe. It is led by a cult of the pilot enough time to recognize the week to President Obama requesting to extremists that are hellbent on our an- threat and reenter and lock the rein- see the terms of agreements made with nihilation. Yet President Obama will forced cockpit door. They are easy to countries where detainees have and do nothing to stem the tide of the Aya- deploy and stow, and provide the ‘‘lay- will be transferred. tollah’s ambitions. ered protection’’ that experts agree is There are 55 countries, by the way, When faced with an adversary whose needed. including the likes of Yemen, Somalia, theology and eschatology are fun- That is why I have introduced the Pakistan, Libya, Iraq, and Iran. damentally incompatible with peace Saracini Aviation Safety Act. This is a Yemen, really? Libya is a failed state— and world order, the United States, one-page bill named after my con- which we may have had a great part in under President Obama’s leadership, stituent, United Airlines pilot Victor creating—and we are sending terrorists chose a path of appeasement. I truly J. Saracini, whose life was taken when there to be detained? Think about it. believe President Obama has made per- his aircraft was hijacked and flown What incentive would it take for you haps the most dangerous foreign policy into the South Tower of the World to bring a terrorist to your country? to blunder in our lifetime. We are now Trade Center on September 11. It re- your neighborhood? to your home? facing a newly emboldened, cash-rich, quires that these cost-effective sec- In particular, I am interested in the radical Islamic regime fully committed ondary barriers be included on large agreements’ provisions to mitigate the to weakening our Nation, terrorizing passenger aircraft. inherent danger posed by detainee the West, and destroying our way of We promised to never forget those transfers. Specifically, what were the life. lost on 9/11 and the lessons learned by provisions aimed at preventing re- Mr. Speaker, it is up to Congress to all of us on that tragic day; yet after engagement? Were there any? How did do everything in our power to keep as many years and more than 40 hijacking we ensure accountability by the home much of this money as possible out of attempts around the world, including countries? What did these nations do to the hands of Iran’s terrorist proxies. five that were successful, we are still prevent contact with known terrorists, The Congress must move swiftly to not taking this threat seriously. especially in countries that are full of strengthen terrorism- and human Mr. Speaker, I will continue to advo- terrorists, like Yemen or Somalia? rights-related sanctions against Iran cate for the adoption of this common- How did we ensure these countries offer and its Islamic Revolutionary Guard sense policy, both as a stand-alone bill no form of aid and assistance to ter- Corps. The Congress must maintain rorist organizations? strict oversight over Iran’s nuclear or as part of a larger piece of legislation like the FAA reauthorization, and The President says detaining these program as its infrastructure remains people is a recruiting magnet. Well, I intact. I urge my colleagues to join me. wonder if we shouldn’t detain gang Iran’s hostility must be combated, f members in our country. It is a right of Mr. Speaker, and this body should not GTMO abrogate that responsibility, even if passage to go to prison if you are in a The SPEAKER pro tempore. The our President already has. gang. Should we let them all out, too? Chair recognizes the gentleman from According to that logic, incarcerating f Pennsylvania (Mr. PERRY) for 5 min- them creates more of them. SARACINI AVIATION SAFETY ACT utes. He also says that detaining them in- The SPEAKER pro tempore. The Mr. PERRY. Mr. Speaker, one of the definitely, without a trial, violates Chair recognizes the gentleman from most oft-repeated campaign promises America’s principles. You know what? Pennsylvania (Mr. FITZPATRICK) for 5 from President Obama’s 2008 campaign He is right. You ought to ask your- minutes. was his determination to close the U.S. selves as taxpayers: Why did we pay Mr. FITZPATRICK. Mr. Speaker, in Guantanamo Bay detention facility. millions of dollars for a state-of-the- light of recent reports of ISIS entering Congress, a coequal branch of govern- art court facility for sensitive and top- Europe disguised as refugees and a ter- ment representing each citizen and re- secret information during a trial, and rorist having just tried to take down elected every 2 years, hasn’t come to yet no one has been put on trial? It is an aircraft, I think it is important to the same conclusion as President right there next to the detention facil- understand the threats we face, but Obama about the status of GTMO mov- ity. I walked through it myself. Why also to learn from the past. ing forward. Because of this, we have can’t the military tribunals take place In the 9/11 Report, al Qaeda master- blocked funding for its closure year so we can find out what the deal is with mind Khalid Sheikh Mohammed told al after year after year. these people and have them incarcer- Qaeda terrorists to watch the cockpit We have strong reasons for concern. ated correctly or set them free? It doors at takeoff and landing to observe Last September, the Director of Na- doesn’t happen at all. whether the captain went into the lav- tional Intelligence reported that 117 President Obama declared to Amer- atory during the flight and to note transferred detainees are confirmed to ica in 2013 that his administration is whether the flight attendants brought be reengaging in terrorist activities, ‘‘the most transparent administration food into the cockpit. with another 79 suspected to have done in history.’’ I will take some issue with We all know what happened when so. Disturbingly, this amounts to a full that. Despite that fact, the President these attackers stormed the flight deck 30 percent of transferred detainees ei- has clearly not lived up to this stand- and turned our airliners into weapons ther confirmed or suspected of re- ard recently. of war. But today, more than 14 years engaging in terrorist activities. I sincerely hope that the President after the attacks of September 11, the The Director’s report clearly shows will give his promise of transparency FAA still admits the cockpit is vulner- that the detainee transfer process is higher priority than the priority given able when the reinforced door has to be obviously deeply flawed and poses a to unilaterally closing GTMO as part of opened. That is unacceptable. significant unnecessary and unaccept- a final-year, legacy-driven agenda. It is

VerDate Sep 11 2014 23:36 Feb 10, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K10FE7.008 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H658 CONGRESSIONAL RECORD — HOUSE February 10, 2016 not about his agenda. It is about the that our Nation’s future is in good opioid addiction. When a patient has security of our Nation. It should be hands with those who live and dedicate more narcotic pain medication than about the security of the world. These themselves to the Scout Oath or the they need after a medical event, this folks should not be let out. They Scout Promise, which they state at the excess medication can fall into the should be given due process. They cer- beginning of every meeting and they wrong hands; and a narcotic pain medi- tainly shouldn’t be sent to countries end with. The words since that time cation in the wrong hands often leads that are terrorist in nature. are: to addiction. In fact, the National In- Finally, the American people should ‘‘On my honor, I will do my best to stitute on Drug Abuse has found that 1 know what the deal is. How much is do my duty to God and my country and in 15 people who take nonmedical pre- this costing? Are we sending arms to to obey the Scout Law; to help other scription pain relievers will try heroin. these countries? What are the arrange- people at all times; to keep myself Last year, the number of fatal ments? There are 55 countries. Why physically strong, mentally awake, and overdoses from prescription painkillers would they take these terrorists? morally straight.’’ increased by 16 percent and, from her- f Scouting prepares youth to be pro- oin, 28 percent in the United States. In ductive and successful members of the West Virginia, the story is even worse. RECOGNITION OF NATIONAL BOY workforce. The program introduces our According to a recent study by the SCOUTS DAY youth to countless career opportuni- Trust for America’s Health, the Moun- The SPEAKER pro tempore. The ties, including the STEM fields. tain State has the highest rate of over- Chair recognizes the gentleman from As a Scout Master for almost three dose deaths in the entire United Pennsylvania (Mr. THOMPSON) for 5 decades, I have seen these 11-year-old States. minutes. youths, until the time they become 18 This issue is above party politics. It Mr. THOMPSON of Pennsylvania. and go on into life, the career paths is a plague that all Americans must Mr. Speaker, this past Monday, Feb- they were exposed to for the first come together to solve. That is why, ruary 8, is recognized by many as Na- time—whether it was medicine, or yesterday, I introduced H.R. 4499, the tional Boy Scouts Day, marking the in- teaching, or professional fire fighting, Promoting Responsible Opioid Pre- corporation of the Boy Scouts of Amer- or across the board—through the scribing Act. This bipartisan bill ica 106 years ago. Scouting experience. What employer strikes a harmful provision of I have spent close to four decades as would not benefit from an employee ObamaCare that places unnecessary a scoutmaster, Juniata Valley Boy with practical exposure from an orga- pressure on doctors and hospitals to Scout Council executive board member nization that emphasizes values, serv- prescribe narcotic pain medicine. and council president, and as a scout- ice, and leadership? This concern was brought to my ating dad. My wife and I are scouting Scouting fosters the values that tention while meeting with doctors and parents, with three sons we are very make communities strong and pre- other healthcare professional workers proud of who are Eagle Scouts today. ferred for families to set down roots in Charleston, West Virginia, who are In my own scouting experience, I was and to contribute. active in our State’s medical society. honored to become one of just 2,000 Scouting offers the world’s finest In other words, this was their idea. I people, since 1969, to receive the na- leadership training for adults and thank them for bringing this to my at- tional Distinguished Eagle Scout youth, leadership training that can be tention, and I encourage others to Award. generalized to any occupations, includ- bring any ideas to help fight back It was my experience in scouting ing the United States House of Rep- against the opium epidemic to your that first sparked my interest in public resentatives. local Congressman. service—in the vein of the Boy Scout As frequently said, ‘‘Scouting is out- In 2006, the Centers for Medicare and promise, which urges us, in part, to do ing.’’ Scouting is the youth leadership Medicaid Services, CMS, and the De- our duty to God, to our country, and in program that is grounded, not just in partment of Health and Human Serv- the service of other people. values, but in the beauty and the na- ices developed a survey called the Hos- Scouting got its start around the ture of the outdoors, building apprecia- pital Consumer Assessment of turn of the last century, thanks to the tion and respect for God’s creation and Healthcare Providers and Systems, efforts of British Army Officer Robert for active lives, for being physically ac- pronounced ‘‘H-caps,’’ for short. Stephenson Smyth Baden-Powell. tive, that is so desperately needed HCAHPS is a standardized survey used As Scouting history has it, in 1909, a today. to measure patient perspectives and Chicago businessman, a publisher, Wil- Now it is my hope that this wonder- satisfaction on the care they receive in liam D. Boyce, who actually grew up in ful organization continues to con- hospital settings. western Pennsylvania, lost his way in a tribute to the lives of young men and At first, hospitals used this survey on dense fog in London. young ladies for generations to come. an optional basis. However, when ObamaCare became law in 2010, it put b 1045 f in place ‘‘pay for performance’’ provi- PRESCRIPTION DRUG EPIDEMIC IN A young boy came to his aid, guiding sions that use these survey results as a WEST VIRGINIA Mr. Boyce to his destination. And in factor in calculating Medicare reim- the end, when Mr. Boyce offered that The SPEAKER pro tempore. The bursement rates for physicians and young boy a tip, a coin, the boy refused Chair recognizes the gentleman from hospitals on quality measures. the tip offered by Mr. Boyce stating: West Virginia (Mr. MOONEY) for 5 min- This provision of ObamaCare was in- Sir, I am a Scout, and Scouts do not utes. tended to save money and to force im- take rewards for doing good turns. Mr. MOONEY of West Virginia. Mr. provements on hospital performance. Well, that young boy was a Scout. We Speaker, every morning, countless However, it has led to unintended con- don’t know his identity today, but he West Virginians wake up fearing that sequences in the area of pain manage- certainly has changed our country. they lost a loved one to drugs the night ment. That single act of volunteerism gave before; and every morning, far too The HCAHPS survey contains three birth to what became the Boy Scouts many West Virginians find this fear questions on pain management: of America, incorporated in 1910. has come true. One, during this hospital stay, did In 2013, there were more than 2.6 mil- The prescription drug abuse epidemic you need medicine for pain? lion members of the Boy Scouts of in our State is a tragedy that we can- Two, during this hospital stay, how America. The program today serves not not afford to ignore. It ravages our often was your pain well-controlled? just boys, but also girls in our Scout- communities, rips families apart, Three, during this hospital stay, how ing Venturing program. stunts the development of our youth, often did the hospital staff do every- In a time which has, in many ways, and further ruptures our State’s al- thing they could to help you with your been highlighted by a decline of vol- ready ailing economy. pain? unteerism and criticism of perhaps our Overuse of prescription pain medica- Because of the tie to reimbursement, younger newest generations, I know tion is one of the leading causes of hospitals and physicians are pressured

VerDate Sep 11 2014 23:36 Feb 10, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K10FE7.010 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE February 10, 2016 CONGRESSIONAL RECORD — HOUSE H659 to perform well under HCAHPS, includ- nation for David’s disappearance for held for this purpose, and it is possible ing the pain management questions. the past 11 years. the regime needed a replacement for However, doctors, not the Federal Gov- The resolution I am introducing him. ernment, know how best to treat pa- today regarding David’s disappearance Just this past Sunday, North Korea’s tients, and that includes the question is a result of the hard work and dili- rocket launch, in defiance of sanctions of how best to use narcotic pain medi- gence of David’s parents, siblings, and and against explicit counsel of the cation. cousins. They deserve answers. They international community, reminded us The PROP Act would remove these deserve to have their government do that North Korea doesn’t operate on pain management questions from con- everything possible to determine what the same norms that guide diplomacy sideration when CMS is conducting re- happened to David. for most of the rest of the world. They imbursement analysis. However, the I should also add that David’s story are a criminal enterprise more than a patient would still answer the survey is personal to me. He was a close friend government, and they can do nothing questions so that hospitals can mon- of my oldest son, Sean. In fact, fol- for their own people, let alone for other itor patient satisfaction. lowing David’s 2-year missionary serv- nations. By severing the relationship between ice in South Korea, David taught my Mr. Speaker, I don’t raise the possi- HCAHPS questions on pain manage- son Sean the Korean language as he bility regarding David Sneddon’s dis- ment and reimbursement, doctors was preparing to begin his own mis- appearance lightly, and I didn’t spon- would no longer feel the undue pressure sionary service in South Korea. sor this resolution lightly. I recognize to overprescribe opioid narcotics to Though I have not met David, I am the words we speak on foreign policy people they believe may be abusing it. grateful for the impact he had on have consequences far beyond this This simple change will help reduce ac- Sean’s life. room. But David is the only American cess to narcotic pain medication for Over the past 3 years, I have had var- to disappear in China without expla- patients who do not need it, thereby re- ious opportunities to meet with State nation since the normalization of rela- ducing the risk of addiction. Department personnel to discuss Da- tions during the Nixon administration. I would like to take the time to vid’s disappearance. They are good peo- This is not a fact to be taken lightly. thank the bipartisan cosponsors of this ple, and I commend them for their My resolution lays out the facts of his bill: ANNIE KUSTER, Chairman HAL help, particularly in the immediate disappearance and asks three essential ROGERS, STEPHEN LYNCH, FRANK aftermath of his disappearance when actions by the State Department and GUINTA, TIM RYAN, and BARBARA COM- they repeatedly pressured the Chinese intelligence community: STOCK. Government to pursue the various First, that they continue to inves- Our bill has been endorsed by the leads identified by David’s family. tigate and consider all possible expla- American Medical Association and the However, I am concerned that bu- nations for David’s disappearance, in- American Society of Addiction Medi- reaucratic inertia has made the State cluding potential abduction by North cine. Department complacent in this case. I Korea; I encourage my colleagues in the am concerned the State Department Second, that they coordinate their House to consider cosponsoring my leadership has not done all they can do efforts with the Governments of Japan, bill, H.R. 4499, the PROP Act. to pursue all of the possible expla- South Korea, and particularly China, f nations for his disappearance. the country known to have at least One of the unexplored possibilities is some influence over North Korea; DISAPPEARANCE OF DAVID that David was abducted by agents of SNEDDON And finally, that they keep the Con- the North Korean regime, something gress and the Sneddon family informed The SPEAKER pro tempore. The which a number of respected experts on of these efforts. Chair recognizes the gentleman from North Korea have advanced in recent I would like to thank Senator LEE for Utah (Mr. STEWART) for 5 minutes. years. While this may sound like an sponsoring the companion bill in the Mr. STEWART. Mr. Speaker, on Au- outlandish theory to those unfamiliar Senate, and the rest of the Utah dele- gust 14, 2004, David Sneddon, a student with North Korea’s history, it is be- gation for joining me as cosponsors. I at Brigham Young University, dis- coming very plausible when you under- think I can speak for the delegation appeared without explanation while stand the regime’s long history of ab- when I say that David’s family de- hiking in the Yunnan province of ducting foreign citizens to use in train- serves a thorough effort from their own southwest China. ing their own foreign agents. government to discover what happened David is an outstanding young man For many years, North Korea sys- to him. This is the very least that we who speaks fluent Korean and had tematically kidnapped Japanese citi- can ask. spent the summer studying Mandarin zens and used captives to train their in Beijing, with plans to return to the intelligence operatives in Japanese f U.S. in August to finish his degree in language and culture. The regime fi- RECESS Chinese. He had already paid a housing nally admitted to the abductions in deposit and registered to take the Law 2002 and returned five of the Japanese The SPEAKER pro tempore. Pursu- School Admission Test. citizens. ant to clause 12(a) of rule I, the Chair The U.S. State Department and the There are numerous other facts declares the House in recess until noon Chinese Government eventually con- which, when combined, make North today. cluded that David fell into a gorge Korea’s involvement conceivable. Accordingly (at 10 o’clock and 58 while hiking, but David’s family con- North Korean agents are known to minutes a.m.), the House stood in re- ducted their own exhaustive investiga- operate in Yunnan Province, a common cess. tion, with David’s father and two older area for those escaping North Korea f brothers flying to China shortly after into Southeast Asia. his disappearance to retrace his steps. David disappeared during a long time b 1200 In the course of talking with numer- of heightened tensions between the AFTER RECESS ous eyewitnesses, David’s family dis- U.S. and North Korea, just weeks after covered facts which contradict the offi- this House passed the North Korean The recess having expired, the House cial explanation and which, I believe, Human Rights Act. was called to order by the Speaker at are compelling evidence of another pos- And David disappeared 1 month after noon. sibility, which I will get to in just a North Korea released Charles Jenkins, f moment. an American deserter from the Korean My staff and I met David’s family war being held and used precisely as PRAYER and heard his story soon after I was the abducted Japanese citizens: as a The Chaplain, the Reverend Patrick elected 3 years ago. The Sneddons are language teacher for North Korean J. Conroy, offered the following prayer: remarkable people of great faith who military cadets and spies. Jenkins was God of mercy, we give You thanks for have continued to pursue an expla- the last of the known Americans being giving us another day.

VerDate Sep 11 2014 23:36 Feb 10, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K10FE7.012 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H660 CONGRESSIONAL RECORD — HOUSE February 10, 2016 May Your special blessings be upon GUN VIOLENCE MYTHS VICTIMS OF GUN VIOLENCE the Members of this assembly as re- (Mr. CICILLINE asked and was given (Mr. PETERS asked and was given sults from another primary election re- permission to address the House for 1 permission to address the House for 1 verberate through our political land- minute.) minute.) scape. Give them wisdom and charity, Mr. PETERS. Spanish Fork, Utah, that they might work together, with Mr. CICILLINE. Mr. Speaker, last Sunday 5 people were killed and 25 in- January 16, 2014: needed focus, for the common good. Marie King, 55 years old. As the candidates now move on to jured in four mass shootings in New York, Florida, Illinois, and Mississippi. Kelly Boren, 32. other contests, may all Americans hear Joshua Boren, 7 years old. the call to responsible citizenship, Yet, Congress has done nothing to reduce gun violence in America. Haley Boren, 5. learning the substance of candidates’ Holly Hill, South Carolina, July 15, positions and plans for the future of While this is happening, opponents to commonsense, responsible gun safety 2015: our Nation. May we all do our home- Jerome Butler, 50 years old. work so that our experiment in rep- legislation are spreading misinformation and sharing myths, myths such as: Krystal Hutto, 28 years old. resentative democracy might flourish Shamekia Sanders, 17. and all would take pride in the govern- criminals don’t exploit loopholes to buy guns; there is no gun show loop- Tamara Perry, 14. ment to be constructed from our votes. Saco, Maine, July 26, 2014: May all that is done this day in the hole; the assault weapons ban that was previously in place didn’t work; and Heather Smith, 35. people’s House be for Your greater Jason Montez, 12 years old. honor and glory. strong gun laws don’t reduce gun crimes. Noah Montez, 7. Amen. Lily Smith, 4 years old. f It is time that we start calling out Culpeper, Virginia, August 3, 2014: these myths and correcting the record THE JOURNAL Shauna Washington, 35 years old. with the facts. In the coming days, I Onesha Washington, 13. The SPEAKER. The Chair has exam- will be doing just that on my Web site Onya Washington, 6. ined the Journal of the last day’s pro- and through social media to help build Olivia Washington, 4. ceedings and announces to the House support for commonsense, responsible Callison, South Carolina, October 29, his approval thereof. gun safety legislation. 2013: Pursuant to clause 1, rule I, the Jour- After all, Mr. Speaker, facts should Richard Fields, 51 years old. nal stands approved. guide us in doing our work and doing Melissa Fields, 49. f all that we can to reduce gun violence Chandra Fields, 26. in America. PLEDGE OF ALLEGIANCE William Robinson, 9 years old. Tariq Robinson, 9 years old. The SPEAKER. Will the gentleman f from California (Mr. PETERS) come for- f ward and lead the House in the Pledge HONORING PASTOR MICHAEL BLUE RIBBON STUDY PANEL of Allegiance. MOORE Mr. PETERS led the Pledge of Alle- (Mr. WILSON of South Carolina giance as follows: (Mr. DENHAM asked and was given asked and was given permission to address the House for 1 minute and to re- I pledge allegiance to the Flag of the permission to address the House for 1 United States of America, and to the Repub- minute and to revise and extend his revise and extend his remarks.) lic for which it stands, one nation under God, marks.) Mr. WILSON of South Carolina. Mr. indivisible, with liberty and justice for all. Mr. DENHAM. Mr. Speaker, I rise Speaker, last week I was grateful to f today to acknowledge and honor Pas- chair the Subcommittee on Emerging Threats and Capabilities hearing to re- ANNOUNCEMENT BY THE SPEAKER tor Michael Moore for his many years of service to the Manteca community. ceive outside views on biodefense for The SPEAKER. The Chair will enter- After 29 years at Crossroads Grace the Department of Defense and review tain up to 15 requests for 1-minute Community Church, Pastor Mike is re- the bipartisan report of the Blue Rib- speeches on each side of the aisle. tiring from his role as senior leader. bon Study Panel on Biodefense. f Chaired by former Senator Joe Lie- Almost 50 years ago, Pastor Mike berman and former Governor and Sec- OUR BORDER IS NOT SECURE married the love of his life, Grace, and retary of Homeland Security Tom (Mr. SAM JOHNSON of Texas asked together they started a church where Ridge, the panel evaluated the status and was given permission to address everyone could feel welcome. of prevention, deterrence, prepared- the House for 1 minute and to revise In 1987, Crossroads Grace Community ness, detection, response, attribution, and extend his remarks.) began with a Bible study group led by recovery, and mitigation of our Na- Mr. SAM JOHNSON of Texas. Mr. Pastor Mike made up of 17 members. tion’s biodefense. Speaker, new reports from the Depart- The church grew to encompass Pastor The report was clear. Our Nation ment of Homeland Security show a Mike’s and Grace’s vision of a casual faces a complex threat from both bio- surge in illegal immigration, 30 per- atmosphere, practical and relevant logical weapons and naturally occur- cent, actually. Last Friday I returned teachings, with contemporary worship. ring diseases. For example, the recent to McAllen, Texas, to tour the Rio Pastor Mike led the congregation in response to the Ebola outbreak dem- Grande River by boat and see our secu- working with local churches to estab- onstrates the importance of the De- rity challenges firsthand, something lish the Hope Family Shelter and pro- partment of Defense’s biodefense con- President Obama has refused to do. vide housing to homeless families. The tributions to broader government and Let me be clear. Our border is not se- church also established a mobile med- global efforts. cure. Obama’s amnesty is devastating ical clinic to provide free medical serv- I am grateful that the former Attor- for Texas, particularly its border cit- ice for those in need and has sent ney General Ken Wainstein and Dr. ies, but the problems far exceed our teams to respond to global disasters Gerald Parker, both members of the border. This affects the whole country. such as Hurricane Katrina, the tsu- panel, were there testifying before the It undermines the safety of all Ameri- nami in Asia, and the Oklahoma torna- subcommittee. I look forward to work- cans and hurts law-abiding taxpayers. does. The church has also sent mission- ing with the Department of Defense to My most sacred duty is to protect aries to many corners of the globe. implement the findings and rec- our homeland and every citizen in it. I Mr. Speaker, please join me in recog- ommendations. spent 29 years as a fighter pilot and 7 nizing Pastor Michael Moore and his In conclusion, God bless our troops, as a POW doing just that. Rest assured, unwavering leadership in our commu- and may the President, by his actions, I will continue to fight to keep Amer- nity and many accomplishments never forget September the 11th in the ica safe. around the globe. global war on terrorism.

VerDate Sep 11 2014 02:10 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K10FE7.013 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE February 10, 2016 CONGRESSIONAL RECORD — HOUSE H661 PEOPLE OF FLINT, MICHIGAN, ARE AUTOMATED COLLECTION OF the House for 1 minute and to revise STRONG USER FEES AT THE PEACE and extend his remarks.) BRIDGE Mr. GENE GREEN of Texas. Mr. (Mr. KILDEE asked and was given (Mr. HIGGINS asked and was given Speaker, I rise to highlight the success permission to address the House for 1 of the Affordable Care Act. permission to address the House for 1 minute.) The numbers are in and, once again, minute.) Mr. KILDEE. Mr. Speaker, my home- millions of Americans signed up for Mr. HIGGINS. Mr. Speaker, the budg- quality affordable health coverage. town is Flint, Michigan. When we leave et that President Obama sent to Con- here at the end of every week, I fly More than 12.7 million Americans se- gress yesterday contained a number of lected plans through the health insur- home to Flint. This is a very proud important proposals: more cancer re- community. It is the birthplace of Gen- ance marketplaces—4 million, or 42 search funding, more treatment for percent, of whom were new customers eral Motors. It is where the UAW work- prescription painkiller and heroin ad- ers sat down in 1936 to get the first this year. diction, and making permanent the People want coverage. And, thanks UAW contract to help build the middle solar investment tax credit and the class. to the ACA, millions can now have the new market tax credit. security of knowing they won’t go The last few decades have been tough While these initiatives generated bankrupt if they get sick or have an for my community. We have taken a headlines, one small and simple provi- accident, can’t be denied coverage be- lot of hits, a lot of poverty, high unem- sion could have a significant impact on cause of a preexisting condition, and ployment, but we have always been the economy of western New York. have access to preventative and pri- able to get back up again as a commu- Beginning this year, at the Peace mary care services at little to no out- nity because there are strong people in Bridge in Buffalo, Customs and Border of-pocket cost. Flint, Michigan. Protection will automate the collec- In the 29th District that I am proud What has happened now in Flint is tion of user fees for commercial vehi- to represent, 55,000 residents fall into because of careless actions by State of- cles. Currently fees are collected the expansion gap and have no insur- ficials who put dollars and cents ahead manually, which increases congestion ance because States haven’t expanded of the health of people, ahead of the and deters Canadians from traveling to Medicaid. It is time for Texas and health of 9,000 children. western New York. other States to do the right thing and I called for the implementation of recognize that health care is essential We can get back up again in Flint, this policy last year and am happy to for some of our poorest families by ex- but we need a State response far more see the Department of Homeland Secu- panding Medicaid. robust than what has been rec- rity moved so quickly on it. By auto- The Affordable Care Act is here to ommended by Michigan’s Governor and mating fee collection, hiring more Cus- stay. I hope Congress will move past we need help from the Federal Govern- toms and Border Protection officers, repeal attempts and start talking ment. These people are American citi- this budget will benefit the western about how we can make the Affordable zens. New York economy that is dependent Care Act work even better for the If the State won’t act to make it on commerce via the Peace Bridge. American people. I stand ready to work right for the people of Flint, we need f with my colleagues on this critical our Federal Government to do every- issue. CONGENITAL HEART FUTURES thing in its power to help these people f REAUTHORIZATION ACT and help Flint get back up again. IT IS TIME TO RELEASE ZHU (Mr. BILIRAKIS asked and was given YUFU ONCE AND FOR ALL f permission to address the House for 1 minute and to revise and extend his re- (Mr. HULTGREN asked and was marks.) given permission to address the House HAMILTON CITY, CALIFORNIA, for 1 minute and to revise and extend LEVEE PROTECTION Mr. BILIRAKIS. Mr. Speaker, as Feb- ruary is recognized as Heart Month, I his remarks.) Mr. HULTGREN. Mr. Speaker, I rise (Mr. LAMALFA asked and was given rise on behalf of the nearly 40,000 ba- permission to address the House for 1 bies born each year with congenital today yet again in need of bringing the world’s attention to the plight of Zhu minute and to revise and extend his re- heart defects, CHD. CHD is the most Yufu. marks.) common birth defect and the number Four years ago today, this democ- one cause of birth defect-related Mr. LAMALFA. Mr. Speaker, it is racy advocate was unjustly sentenced deaths. budget season in Washington, D.C., and by the Chinese Government to 7 years A few decades ago babies born with one of the things that should be in the behind bars, following previous CHD were not living into adulthood. budget is infrastructure. I am glad to imprisonments. His tireless advocacy Now, due to continued investment and hear that the President has included for democratic rights, freedom of research and a series of medical break- $8.5 million in funding to replace the speech, and the rule of law is worthy of throughs, 90 percent of babies born badly degraded levees on the Sac- praise. Yet the Chinese Government with CHD are living into adulthood. ramento River near Hamilton City, has harassed and jailed him numerous Let’s makes it 100 percent. California. times on faulty charges. There is still work to be done, and we Yufu is in poor health. He is not able Flood danger has forced evacuation must ensure these efforts to improve of Hamilton City six times since 1980. to stand without support. He has coro- the lives of those with CHD continue. nary heart disease and a coronary ar- The existing levee project provides This is why I introduced the Con- only 10-year flood event protection tery tumor, in addition to other ail- genital Heart Futures Reauthorization ments. Yet Chinese authorities refuse when the standard really should be 200- Act, to spend CHD research, raise year flood event protection. to provide him with medical care or awareness of the importance of special- medication. Further, they have forced Working with local residents who ized care, and ensure important re- him to do hard labor and have caused have contributed their own money and search continues. the job losses of his family members. resources to the project, we secured We must advance this legislation for This Saturday, Zhu Yufu turns 63 over $12 million in Federal funding so the millions of Americans who need years old. The least the Chinese Gov- far. our help. ernment can do is provide him with Mr. Speaker, this year’s additional f proper medical treatment, improve his funding will allow major progress on a b 1215 living conditions, and leave his family project that will protect the homes and alone. If China is serious about dem- families of over 200 north State resi- AFFORDABLE CARE ACT onstrating any legitimate leadership, dents, finally giving Hamilton City (Mr. GENE GREEN of Texas asked it should release him and the hundreds some peace of mind. and was given permission to address of others like him immediately.

VerDate Sep 11 2014 02:10 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K10FE7.014 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H662 CONGRESSIONAL RECORD — HOUSE February 10, 2016 MURDERED FOR THEIR FAITH OFFICE OF THE CLERK, (iv) in clause (iv)— HOUSE OF REPRESENTATIVES, (I) in subclause (I), by striking ‘‘broadcast (Mr. ELLISON asked and was given Washington, DC, February 10, 2016. media’’ and inserting ‘‘media, including permission to address the House for 1 Hon. PAUL D. RYAN, broadcast media,’’; minute.) The Speaker, House of Representatives, (II) in subclause (II)— Mr. ELLISON. Mr. Speaker, today Washington, DC. (aa) by striking ‘‘in a newspaper of general marks 1 year since three young Ameri- DEAR MR. SPEAKER: Pursuant to the per- circulation serving the area’’ and inserting cans were killed, I believe, for their mission granted in Clause 2(h) of Rule II of ‘‘for circulation in the affected area, includ- faith. I think the evidence supports the Rules of the U.S. House of Representa- ing in a newspaper of general circulation tives, the Clerk received the following mes- serving the area,’’; and that. sage from the Secretary of the Senate on On February 10, 2015, Deah Barakat, (bb) by striking ‘‘or the date of publication February 10, 2016 at 9:25 a.m.: of the next issue of the newspaper’’; and Yusor Abu-Salha, and Razan Abu-Salha That the Senate passed S. 2109. (III) in subclause (III), by striking ‘‘in lieu were murdered in Chapel Hill, North That the Senate passed with an amend- of notification by means of broadcast media Carolina. They were shot and killed be- ment H.R. 1428. or newspaper’’; cause of their faith. They were Muslim. With best wishes, I am (C) by redesignating subparagraphs (D) and Sincerely, Yusor was a graduate of North Caro- (E) as subparagraphs (E) and (F), respec- KAREN L. HAAS. lina State University, and planned on tively; and enrolling at UNC Chapel Hill School of f (D) by inserting after subparagraph (C) the Dentistry, where her husband, Deah, ANNOUNCEMENT BY THE SPEAKER following: was studying to become a dentist. PRO TEMPORE ‘‘(D) NOTICE BY ADMINISTRATOR.—If, after 24 hours after the Administrator’s notification Razan, Yusor’s sister, was a student at The SPEAKER pro tempore. Pursu- under subsection (a)(1)(A), the State with NCSU as well. She was only 19. ant to clause 8 of rule XX, the Chair primary enforcement responsibility or the These murders are heartbreaking. will postpone further proceedings owner or operator of the public water system They should be heartbreaking to every today on the motion to suspend the has not issued a notice that is required under American. They show us the stark re- rules on which a recorded vote or the subparagraph (C) for an exceedance described ality that bigotry is alive and well and yeas and nays are ordered, or on which in paragraph (1)(D), the Administrator shall issue such required notice pursuant to this that good people have to stand against the vote incurs objection under clause it. Hate speech and scapegoating have paragraph.’’; 6 of rule XX. (4) in paragraph (3)(B)— real life consequences. Any record vote on the postponed (A) by striking ‘‘subparagraph (A) and’’ Children are bullied in school, houses question will be taken later. and inserting ‘‘subparagraph (A),’’; and of worship are vandalized, and people f (B) by striking ‘‘subparagraph (C) or (D) of are killed for the way they dress or paragraph (2)’’ and inserting ‘‘subparagraph how they pray. This should end now. SAFE DRINKING WATER ACT IM- (C) or (E) of paragraph (2), and notices issued PROVED COMPLIANCE AWARE- by the Administrator with respect to public f NESS ACT water systems serving Indian Tribes under HONORING VERNITA TODD, CEO OF Mr. UPTON. Mr. Speaker, I move to subparagraph (D) of such paragraph’’; HEART CITY HEALTH CENTER (5) in paragraph (4)(B)— suspend the rules and pass the bill (A) in clause (ii), by striking ‘‘the terms’’ (Mrs. WALORSKI asked and was (H.R. 4470) to amend the Safe Drinking and inserting ‘‘the terms ‘action level’,’’; and given permission to address the House Water Act with respect to the require- (B) in clause (iii), by striking ‘‘and (IV)’’ for 1 minute and to revise and extend ments related to lead in drinking and inserting ‘‘(IV) the action level for the her remarks.) water, and for other purposes, as contaminant, and (V)’’; and Mrs. WALORSKI. Mr. Speaker, I rise amended. (6) by adding at the end the following: today to recognize and pay tribute to a The Clerk read the title of the bill. ‘‘(5) EXCEEDANCE OF SAFE LEAD LEVEL.— The text of the bill is as follows: ‘‘(A) STRATEGIC PLAN.—Not later than 120 champion of public health in my dis- days after the date of enactment of this trict as she moves to California to con- H.R. 4470 paragraph, the Administrator shall, in col- tinue her work serving the public. Be it enacted by the Senate and House of Rep- laboration with owners and operators of pub- As chief executive officer of Heart resentatives of the United States of America in lic water systems and States, establish a City Health Center in Elkhart, Indiana, Congress assembled, strategic plan for how the Administrator, a Vernita Todd has tirelessly advocated SECTION 1. SHORT TITLE. State with primary enforcement responsi- on behalf of others. Over the last 10 This Act may be cited as the ‘‘Safe Drink- bility, and owners and operators of public years, she has led the Center in achieving Water Act Improved Compliance Aware- water systems shall conduct targeted out- ness Act’’. reach, education, technical assistance, and ing its mission of contributing to the SEC. 2. ENFORCEMENT OF DRINKING WATER risk communication to populations affected health of our community by providing REGULATIONS. by lead in a public water system, including access to high-quality and accessible Section 1414(c) of the Safe Drinking Water dissemination of information described in health care. Act (42 U.S.C. 300g–3(c)) is amended— subparagraph (C). Vernita has received national rec- (1) in the header, by inserting ‘‘STATES, ‘‘(B) EPA INITIATION OF NOTICE.— ognition for her role in prioritizing ad- THE ADMINISTRATOR, AND’’ before ‘‘PERSONS ‘‘(i) FORWARDING OF DATA BY EMPLOYEE OF vocacy as a crucial component to Heart SERVED’’; EPA.—If the Environmental Protection Agen- City Health Center’s mission. Whether (2) in paragraph (1)— cy develops or receives, from a source other (A) in subparagraph (C), by striking ‘‘para- than the State or the public water system, at the city, State, or Federal level, the graph (2)(E)’’ and inserting ‘‘paragraph data, which meets the requirements of sec- impact of her work can surely be felt (2)(F)’’; and tion 1412(b)(3)(A)(ii), indicating that the by thousands. (B) by adding at the end the following: drinking water of a person served by a public On behalf of the people of Indiana’s ‘‘(D) Notice of any exceedance at the 90th water system contains a level of lead that Second Congressional District, I thank percentile of a lead action level in a regula- exceeds a lead action level promulgated Vernita Todd for her contributions to tion promulgated under section 1412.’’; under section 1412, the Administrator shall improving thousands of lives through- (3) in paragraph (2)— require an appropriate employee of the out the northern Indiana community (A) in subparagraph (B), by striking ‘‘sub- Agency to forward such data to the owner or paragraph (D)’’ and inserting ‘‘subparagraph operator of the public water system and to and the country as a whole. I wish her (E)’’; the State in which the exceedance occurred the best of luck in her future endeav- (B) in subparagraph (C)— within a time period established by the Ad- ors. (i) in the header, by striking ‘‘VIOLATIONS’’ ministrator. f and inserting ‘‘NOTICE OF VIOLATIONS’’; ‘‘(ii) DISSEMINATION OF INFORMATION BY (ii) in the matter preceding clause (i)— OWNER OR OPERATOR.—If an owner or oper- COMMUNICATION FROM THE (I) by inserting ‘‘, and each exceedance de- ator of a public water system receives a no- CLERK OF THE HOUSE scribed in paragraph (1)(D),’’ after ‘‘for each tice under clause (i), the owner or operator, violation’’; and within a time period established by the Ad- The SPEAKER pro tempore (Mr. (II) by inserting ‘‘or exceedance’’ after ministrator, shall disseminate to affected DENHAM) laid before the House the fol- ‘‘Each notice of violation’’; persons the information described in sub- lowing communication from the Clerk (iii) by inserting ‘‘or exceedance’’ after paragraph (C). of the House of Representatives: ‘‘the violation’’ each place it appears; and ‘‘(iii) CONSULTATION.—

VerDate Sep 11 2014 02:10 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K10FE7.016 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE February 10, 2016 CONGRESSIONAL RECORD — HOUSE H663 ‘‘(I) DEADLINE.—With respect to an exceed- ‘‘(B) NOTIFICATION BY ADMINISTRATOR.—In you begin asking yourself: How is this ance at the 90th percentile of a lead action the case of an exceedance described in sub- situation possible in the 21st century level in a regulation promulgated under sec- section (a)(2)(A)(i)(II), if the public water in the United States of America? tion 1412, if the owner or operator of the pub- system or the State in which the public We have been seeking answers to lic water system does not disseminate, in the water system is located does not notify the that question from EPA, from the time period established by the Adminis- persons who may be affected by such exceed- trator, the information described in subpara- ance in accordance with subsection (a)(2), State of Michigan, and from others. In graph (C), as required under clause (ii), not the Administrator shall notify such persons the meantime, we know that part of later than 24 hours after becoming aware of of such exceedance in accordance with sub- the answer—certainly, not the whole such failure to disseminate, the Adminis- section (a)(2), including notification of the story—is that there was a terrible trator shall consult, within a period not to relevant concentrations of lead. Such notice breakdown in communication at every exceed 24 hours, with the applicable Gov- shall protect the privacy of individual cus- level of government. ernor to develop a plan, in accordance with tomer information.’’; and It is sickening and it breaks your the strategic plan, to disseminate such infor- (3) by adding at the end the following: heart that thousands of kids indeed mation to affected persons within 24 hours of ‘‘(f) PUBLIC EDUCATION.— could be at risk, being poisoned from the end of such consultation period. ‘‘(1) IN GENERAL.—The Administrator shall ‘‘(II) DELEGATION.—The Administrator may make information available to the public re- faucets that they thought were safe. only delegate the duty to consult under this garding lead in drinking water, including in- Government officials knew there was clause to an employee of the Environmental formation regarding— serious cause for concern and failed to Protection Agency who is working in the Of- ‘‘(A) risks associated with lead in drinking inform the people of Flint. Many of fice of Water, at the headquarters of the water; those officials did not even seem to be Agency, at the time of such delegation. ‘‘(B) the likelihood that drinking water in effectively communicating and sharing ‘‘(iv) DISSEMINATION BY ADMINISTRATOR.— a residence may contain lead; data among themselves. The Administrator shall, as soon as reason- ‘‘(C) steps States, public water systems, The EPA regional office was not tell- ably possible, disseminate to affected per- and consumers can take to reduce the risks ing headquarters about everything, the sons the information described subparagraph of lead; and (C) if— ‘‘(D) the availability of additional re- State was not telling EPA everything, ‘‘(I) the Administrator and the applicable sources that consumers can use to minimize and we don’t know yet what the city of Governor do not agree on a plan described in lead exposure, including information on how Flint was telling the State or EPA. clause (iii)(I) during the consultation period to sample for lead in drinking water. That has got to be fixed—and it has got under such clause; or ‘‘(2) VULNERABLE POPULATIONS.—In making to be fixed now. ‘‘(II) the applicable Governor does not dis- information available to the public under seminate the information within 24 hours of this subsection, the Administrator shall b 1230 the end of such consultation period. carry out targeted outreach strategies that The Safe Drinking Water Act Im- ‘‘(C) INFORMATION REQUIRED.—Information focus on educating groups within the general proved Compliance Awareness Act en- required to be disseminated under this para- population that may be at greater risk than sures that the public learns of exces- graph shall include a clear explanation of the the general population of adverse health ef- sive lead levels in their drinking water exceedance of a lead action level, its poten- fects from exposure to lead in drinking tial adverse effects on human health, the water.’’. by setting forth how and when States, EPA, and public water utilities com- steps that the owner or operator of the pub- The SPEAKER pro tempore. Pursu- municate their findings. lic water system is taking to correct the ex- ant to the rule, the gentleman from ceedance, and the necessity of seeking alter- The bill also strengthens public noti- Michigan (Mr. UPTON) and the gen- native water supplies until the exceedance is fication rules when lead levels are ex- corrected. tleman from New York (Mr. TONKO) ceeded. Individual consumers will be ‘‘(6) PRIVACY.—Any notice under this sub- each will control 20 minutes. told when their own house tests posi- The Chair recognizes the gentleman section to the public or an affected person tive for lead problems. And if the com- from Michigan. shall protect the privacy of individual cus- munity or States fail to notify the pub- tomer information.’’. GENERAL LEAVE lic, EPA will step in and do so. They SEC. 3. PROHIBITION ON USE OF LEAD PIPES, Mr. UPTON. Mr. Speaker, I ask unan- SOLDER, AND FLUX. are required to do that. imous consent that all Members may The bill also requires EPA to create Section 1417 of the Safe Drinking Water have 5 legislative days in which to re- a strategic plan for handling and im- Act (42 U.S.C. 300g–6) is amended— vise and extend their remarks and in- (1) by amending subsection (a)(2)(A) to proving information flow among water read as follows: sert extraneous materials in the utilities, the States, EPA, and affected ‘‘(A) IN GENERAL.— RECORD on the bill. drinking water consumers before there ‘‘(i) IDENTIFICATION AND NOTICE.—Each The SPEAKER pro tempore. Is there is an enforceable lead exceedance in owner or operator of a public water system objection to the request of the gen- drinking water. Let me repeat that: be- shall identify and provide notice to persons tleman from Michigan? fore lead levels get too high. who may be affected by— There was no objection. Finally, this bipartisan bill requires ‘‘(I) lead contamination of their drinking Mr. UPTON. Mr. Speaker, I yield my- consumer notification when water water where such contamination results self such time as I may consume. from— being transported in a lead pipe is so Mr. Speaker, I wish we weren’t here corrosive that, in fact, it could leach ‘‘(aa) the lead content in the construction today. I wish this bill was not nec- materials of the public water distribution into public drinking water. system; or essary, but it is. Our hearts go out to I want to thank all Members of the ‘‘(bb) corrosivity of the water supply suffi- the folks of Flint, Michigan. The sys- House for their support, especially my cient to cause leaching of lead; or tem let them down at every level. That Michigan colleagues, every one of ‘‘(II) an exceedance at the 90th percentile is, frankly, unacceptable. which, from both parties, signed as an of a lead action level in a regulation promul- All folks want is the peace of mind original cosponsor of this legislation. gated under section 1412. that their government is looking out I want to particularly thank Mr. KIL- ‘‘(ii) MANNER AND FORM.—Notice under this for their best interest and that their paragraph shall be provided in such manner DEE, a friend, who led this effort. water is safe. This bill is the first step. I thank my colleagues on the Energy and form as may be reasonably required by Imagine if you went to draw a cup of the Administrator. Notwithstanding clause and Commerce Committee, particu- (i)(II), notice under this paragraph shall be cold water from your kitchen faucet larly FRANK PALLONE, JOHN SHIMKUS, provided notwithstanding the absence of a and suddenly had to think about and PAUL TONKO, for their advice, col- violation of any national drinking water whether it is safe to drink or not. Now laboration, and support. standard.’’; put yourself into the shoes of a parent I also want to thank two McCarthys, (2) in subsection (b)(2)— whose son or daughter has already KEVIN MCCARTHY, for scheduling this (A) by striking ‘‘The requirements’’ and in- taken a drink from that faucet. Or, you at almost a moment’s notice, and my serting the following: made coffee or infant formula. What lead counsel on this legislation, Dave ‘‘(A) IN GENERAL.—The requirements’’; and health risk has your child already been (B) by adding at the end the following: McCarthy, who helped write and im- ‘‘Enforcement of such requirements shall be exposed to? What do we do now? How prove the bill as it was originally in- carried out by a State with primary enforce- can we expect a family to live life day- troduced. ment responsibility or the Administrator, as to-day without safe drinking water? What is said on this floor today will appropriate. And, after all those initial concerns, not do anything to ease the mind of a

VerDate Sep 11 2014 02:10 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\A10FE7.004 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H664 CONGRESSIONAL RECORD — HOUSE February 10, 2016 parent in Flint. The entire situation and sustained assistance to deal with gan (Mr. KILDEE), who has carried the breaks your heart, but we have a re- the health problems they may experi- concern and the emotion of this situa- sponsibility, working together as Re- ence as a result of this manmade dis- tion as the Representative in the House publicans and Democrats, to fix the aster. of Flint, Michigan. His energetic ef- problem. This bill is an important step. The conditions that enabled this cri- forts, his determination, his obvious I reserve the balance of my time. sis to happen are not unique to Flint. passion for getting this done, getting Mr. TONKO. Mr. Speaker, I yield my- And while this bill is a first step to some relief, the relief essential for self such time as I may consume. help communities that may face these Flint done, is tremendously moving. I rise today in support of H.R. 4470, problems in the future, it cannot be Mr. KILDEE. I thank Mr. TONKO for the Safe Drinking Water Act Improved our last step. We must embrace our re- his comments and his support and lead- Compliance Awareness Act, introduced sponsibility to support Federal invest- ership on this issue. last week by our colleague Representa- ment in drinking water systems. And I would like him to please ex- tive KILDEE, with the support of other The public health and future pros- tend my thanks to Ranking Member members of the Michigan delegation. perity of the people of Flint and thou- PALLONE for his effort and his support. This bill would strengthen require- sands of other communities across our I know he is dealing with a difficult ments to have the EPA notify the pub- great Nation are continuing to suffer time himself right now, and we extend lic when concentrations of lead exceed from the concerns and are counting on our best wishes to him. Federal standards. That is notifying our progressive actions. I look forward I want to thank all of my Michigan the public. to continuing this discussion. colleagues for joining as original co- While I support this legislation and I reserve the balance of my time. sponsors of this legislation; and I par- urge my colleagues to support it, far Mr. UPTON. Mr. Speaker, I yield 3 ticularly thank Chairman UPTON for more than this is needed to address the minutes to the gentleman from Michi- his help, his guidance, his assistance many failings that led to the tragic cir- gan (Mr. WALBERG), a cosponsor of the and, really, collaboration on getting a cumstances that are still being experi- bill. piece of legislation put together that enced by the residents of Flint, Michi- Mr. WALBERG. Mr. Speaker, I want we think is very helpful in preventing gan, a situation that has drawn the Na- to start by thanking my friends, DAN another situation such as what has oc- tion’s attention and drawn compassion KILDEE and Chairman UPTON, for their curred in my hometown from ever hap- for children and their families. This work on this bipartisan legislation and pening again in the United States. I again thank Mr. UPTON for his as- should never have occurred in any city ensuring a swift congressional response in our Nation. sistance and leadership on this. to the ongoing water crisis in Flint, Flint is my home. The people I rep- As with any such tragic failure, there Michigan. resent are the people I grew up with in is an attempt to assess blame. Well, ac- What have we learned, and what will Flint, Michigan. It is a great commu- countability is important. Those who we do both now and into the future, nity. It has been through some strug- failed in their responsibility should be Mr. Speaker, is the question. gles, for sure, in the last few decades, held accountable. What happened in Flint is not a nat- but we have never dealt with anything But no one here has yet taken re- ural disaster. It is a human disaster quite like this, something so funda- sponsibility for our part, Congress’ and a failure of government at every mental as safe drinking water that we part, in this event. Collectively, this level. take for granted. Congress as well as many previous Con- In my questioning at last week’s You turn on the faucet, as Mr. UPTON gresses have failed to maintain Federal Oversight and Government Reform said, you expect the water that comes support for the maintenance and im- Committee hearing, it became very out of that faucet to be safe for your- provements of our water infrastruc- clear that individuals with the EPA self, for your children, to make for- ture. knew about the high lead levels in the mula, to cook food, to drink. And be- We have been underfunding these sys- drinking water for months but failed to cause of a series of decisions that real- tems for decades. The poor condition of communicate this information to the ly are almost incomprehensible in the water treatment and distribution people of Flint, even under repeated their impact, people in Flint, Michi- system in Flint set the stage for this Freedom of Information Act requests. gan, can’t drink their water; 100,000 tragedy. The bill we are considering today people can’t drink the water. We are doing this in an attempt to takes important steps to strengthen The thing that makes me most save money. Well, in fact, we are wast- Federal requirements on the EPA to upset—sad, yes, but also angry—is that ing many millions of dollars more by notify the public when concentrations this crisis, this situation, which will allowing essential infrastructure to de- of lead in drinking water are above last for decades in its impact, was com- teriorate to the extent where a con- Federal requirements. pletely avoidable. stant stream of emergency responses I am glad the entire Michigan delega- Unlike a lot of other struggles that and repairs are required to keep these tion is backing this bill; and I am com- my hometown has faced as a result of systems working. mitted to continuing to work together big changes in the economy—develop- Finally, we need to do something for to get answers and help the families in ment patterns, et cetera—this was a se- the people of Flint. The State of Michi- Flint who need clean water and, for ries of decisions that we can easily gan and President Obama’s administra- that matter, Mr. Speaker, learning identify that could easily have been tion have both begun to mobilize re- from this for the families in the entire prevented with just more thought and sources to deal with the immediate United States to make sure that this more care and, in this case, a stronger need for safe drinking water, and they doesn’t happen to them as well. set of requirements for disclosure when are working to eliminate lead from the Mr. Speaker, in America, in the 21st lead levels are elevated in a drinking water distribution system. But we still century, children should not have to water system. don’t know if essential corrosion con- worry about safe and clean drinking So this legislation is one step. It is trol can be reestablished. water. The Flint water crisis never not the total solution. We really have And bottled water does not solve should have happened, and we must to deal—and I hope my colleagues will Flint’s problems. The residents of Flint take action to ensure it never happens also join us—with putting together a need a fully functioning public water again. response to the crisis being felt by the system that delivers safe, clean water Making things right must be a coop- people in Flint right now. to their homes, to their schools, and to erative effort at every level, and this This bill, unfortunately, is too late their businesses. We need to work with bill takes important steps to ensure to help them, but it can help the next the State of Michigan to make that proper coordination going forward. Flint, perhaps. This would require the happen. I offer all of my support, all of my as- EPA to provide notice if the State We need to care for the people who sistance, all of my help and my votes agency responsible for enforcement of were exposed to lead, especially our to make sure this happens. the clean drinking water laws does not children, who are most vulnerable to Mr. TONKO. Mr. Speaker, I yield 5 act to provide notice to the citizens af- lead exposure. They need treatment minutes to the gentleman from Michi- fected and to the water system.

VerDate Sep 11 2014 02:10 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K10FE7.019 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE February 10, 2016 CONGRESSIONAL RECORD — HOUSE H665 Let me just be clear on that. The I have spent my entire life in the on the Oversight and Government Re- State of Michigan, in the case of the State of Michigan. I was born there and form Committee and, again, has been a Flint situation, has primacy in terms raised there. Many generations before passionate voice to address the fami- of enforcement of these laws. It is their me were the same, born and raised in lies of Flint. obligation to ensure that the clean Michigan. My current family, my wife Mrs. LAWRENCE. Mr. Speaker, I drinking water laws are enforced, to and my three kids, also live in Michi- want to say that the crisis in Flint de- collect data, to do sampling and test- gan and will also, I am sure, see to it mands action. I ran for Congress after ing, and to provide remediation, to pro- that their children live there as well. serving as a mayor because I felt vide intervention, if, in fact, it is not When I learned what happened in strongly that our government has a re- the case. Flint, I was absolutely heartbroken. sponsibility. So, yes, there has been a failure of Frankly, it frightens me to think that When you ask for a vote, you are ask- government, but I think we have to a failure of this magnitude could hap- ing for the trust in our government. We take care not to attempt to create pen in the 21st century and in our betrayed the trust of our citizens when some sort of false sense of equivalency State. we did not provide a human need, and of responsibility. Can you imagine not being able to that is clean water. The city of Flint, for example, which drink the water from your own tap? I stand here today encouraged. I ran is the most local level of government What if you weren’t able to bathe or on the premise that we need to work and where the water system is oper- take a shower because of fear of what together as a government. I can tell ated, was under the control of an emer- might be in the water? The anger and you that this crisis in Flint is not a po- gency manager, a State official ap- the frustration is palpable, and it litical issue. It is a moral issue. It is pointed to overtake operation of the should be. why each of us in Congress sit here city of Flint. So to the extent that the My district borders on Congressman today on the vote of the people’s trust, city was responsible, the city was the KILDEE’s, and I can tell you firsthand and that is to take care of this great State in this regard. the crisis not only affects and impacts country. In terms of the Federal role, there the community of Flint, but the entire It is a moral issue, and it calls for all was apparent confusion or disagree- Great Lakes State. of us in Congress to act. Today I am ment as to whether the EPA had au- For weeks I have seen local high standing here with a sense of hope thority, absent State notification to schools, veterans groups, and con- being fulfilled that we have eliminated the public of the data that they had, cerned citizens—you name it—people the aisle, and we are standing here to- whether the EPA had authority to go from all over Michigan, rising up to ad- gether. public, to make it clear that there was dress the crisis and to help the resi- Mr. Speaker, I rise in strong support a problem. This legislation addresses dents, the families, and children of of H.R. 4470, the Safe Drinking Water that. Flint. Act Improved Compliance Awareness This legislation strengthens the hand When it comes to local, State, and Act. This bill will ensure that EPA no- of those who work at the EPA and ac- Federal leadership, we must do every- tifies communities of lead contamina- tually requires them—not simply al- thing possible to help as well. Every tion if State or local agencies fail to do lows, but requires them—to provide no- single one of us here today has a duty so. That clearly is what happened in tice to the public and to a water sys- to ensure families and children are safe Flint. tem operator in the event that the and have access to the essentials, the Local water authorities will have to State fails to do so. Had that happened, most basic of which is clean drinking provide notification to the public when it would not have prevented the bad de- water from household faucets. lead contamination is a result of lead cisions that led to this crisis, but it Sure, we can point fingers and play from pipes and other infrastructure would have prevented them from going the blame game. But when it comes leaching into the water supply. This on for months and months and months down to fixing it, we must do so fast. notice will have to be provided to af- with no action to protect the people in We need more action than words. We fected residents, regardless of whether Flint. need solutions. any drinking water standards were vio- This is important legislation. We What Chairman UPTON and Congress- lated. need more. We need help for the people man KILDEE have proposed is a first- If the operator does not notify the of Flint. But this is a step in the right step solution to ensure this won’t hap- public—in this case, it was Michigan direction in preventing what happened pen again. Environmental Quality—if they do not in Flint from happening to another First and foremost, this legislation notify the public, then the EPA must community. makes sure the EPA will step in and do so. This is precisely what happened Mr. UPTON. Mr. Speaker, might I in- notify the public when they know con- in Flint. quire as to how much time I have re- centrations of lead in drinking water State officials repeatedly ignored the maining on my side. are above Federal requirements. It also pleas of the residents and those we are The SPEAKER pro tempore. The gen- streamlines communication between calling civic heroes from outside and tleman from Michigan (Mr. UPTON) has utilities, the States, the EPA, and the experts about the lead levels. 131⁄2 minutes remaining. The gentleman affected customers. Passing this bill today will ensure from New York (Mr. TONKO) has 111⁄2 The entire delegation of the State of that the situation in Flint—and I am minutes remaining. Michigan and Congress agree that this joining with my Republican colleagues is a crisis. But to be clear, this is not and Democratic—never happens again b 1245 a Democratic or Republican issue. I in our United States. The decision to Mr. UPTON. Mr. Speaker, I yield 3 would say shame on anyone who at- share that type of critical information minutes to the gentleman from Michi- tempts to capitalize on this issue or should not be based on political judg- gan (Mr. BISHOP), again, an original co- use the families of Flint in this crisis ment. sponsor of the bill. to further their own personal agenda. H.R. 4470 will ensure that residents Mr. BISHOP of Michigan. Mr. Speak- This is about common sense and deliv- acquire the information they need er, I would first like to begin by thank- ering solutions to these children and about their drinking water systems ing the gentleman from Flint, Michi- families. and give EPA the ability and responsi- gan (Mr. KILDEE) for his leadership in I ask my colleagues on behalf of both bility to step in and notify residents if this matter and for raising our atten- sides of the aisle to join Michigan and a State or water system fails to act. tion to this. help us take action. H.R. 4470 is just the first step, as we Also, I would like to thank Chairman Mr. TONKO. Mr. Speaker, I yield 5 heard, in addressing our country’s UPTON for his leadership for the Michi- minutes to the gentlewoman from drinking water infrastructure issue. I gan delegation in bringing us together Michigan (Mrs. LAWRENCE). She is an- hope that we can continue to work to- and putting aside any partisan dif- other member of the Michigan delega- gether in a bipartisan manner to en- ferences to address a need of our great tion. sure that Flint never happens again. State and, also, for the children and Representative BRENDA LAWRENCE This is the first step in fixing our in- families across our country. has shown great leadership in her role frastructure in America because other

VerDate Sep 11 2014 02:10 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K10FE7.020 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H666 CONGRESSIONAL RECORD — HOUSE February 10, 2016 Members of Congress have talked about I rise today in support of the Safe 40 percent. I bring that up because it is lead water crises in their communities. Drinking Water Act Improved Compli- indeed a wake-up call to the So this is a first step. ance Awareness Act. This bill is a step unsustainability of our Federal prom- For me, this is a fulfilling day to in the right direction to preserve and ises as you look at the numbers going stand here and support my colleagues, protect the health of our citizens. forward at the Federal level. regardless of our political affiliation, The legislation requires the EPA ad- So my heart goes out to the people of and take care of the people of America. ministrator to work with States and Flint. I think that this is an important Mr. UPTON. Mr. Speaker, I yield 2 local water authorities to develop a measure going forward, but it is also minutes to the gentleman from Michi- strategic plan for addressing lead con- an important reminder to every one of gan (Mr. MOOLENAAR). Again, he is a taminants in drinking water. This im- us here at the Federal level to watch cosponsor of Mr. KILDEE’s bill. portant legislation will ensure that the out for the unsustainable promises Mr. MOOLENAAR. Mr. Speaker, I complete failure to notify people of a here in Washington. also want to join my Michigan col- health risk, which occurred in Flint, Mr. TONKO. Mr. Speaker, might I in- leagues as a cosponsor of this legisla- does not happen again. quire how much time remains? tion and thank Representative KILDEE This is an issue that many commu- The SPEAKER pro tempore (Mr. and Chairman UPTON for bringing this nities across our country will have to YODER). The gentleman from Michigan legislation forward. deal with as our water system infra- has 51⁄2 minutes remaining. The gen- Our hearts go out to the people of structure ages. We must ensure that tleman from New York has 8 minutes Flint who are enduring so much and the public is aware, our citizens are in- remaining. persevering during this time. It is formed, and that our water authorities Mr. TONKO. Mr. Speaker, I yield 3 heartwarming to see the way people and agencies identify and take steps to minutes to the gentleman from Michi- across the country have come together prevent this level of failure from hap- gan (Mr. KILDEE). in support of the people of Flint. pening again. Mr. KILDEE. Mr. Speaker, I thank The sad thing is that this situation Mr. Speaker, on the Federal level, it my friend for yielding. I appreciate all could have been prevented and should is unacceptable that the EPA, an agen- the comments and the support, espe- have been prevented. The legislation cy with a budget of over $8 billion, did cially the sympathy and, really, unity we are discussing today here in the not escalate its concerns over the pres- with the people of my hometown of House of Representatives is because of ence of lead contaminants. Flint. failures in local, State, and Federal This is an agency that is literally I do want to ensure, though, that we Government. paid to protect the public health and are properly characterizing the legisla- The fact is that the officials at the environment, and it failed. This failure tion, its reasoning, and its impact. EPA knew last April—10 months ago— may not happen again. All Americans The legislation would actually not that the Flint Utilities Department should feel safe drinking water from just require EPA to provide notice, but was not using corrosion controls, put- their kitchen sink. would require the local jurisdiction, ting water safety at risk. This legislation is a commonsense so- the State agency, to provide them with Instead of alerting the public, the lution. I urge its immediate passage. the opportunity to do what they should EPA stayed silent. When an EPA em- Mr. TONKO. Mr. Speaker, I continue do anyway, that is, to provide notice. ployee tried to speak out, he was si- to reserve the balance of my time. Absent their willingness to do so, the lenced. The EPA deferred to a State Mr. UPTON. Mr. Speaker, I yield 2 EPA would then be required. agency, the MDEQ, which also failed to minutes to the gentleman from South It is an important distinction be- tell the public. Carolina (Mr. SANFORD). cause, in this case, the State of Michi- Last month the EPA administrator Mr. SANFORD. Mr. Speaker, I rise in gan has primacy in enforcement of sent a memo creating a formal policy support of this act. I thank the chair- these rules. on the importance of assessing and re- man for his hard work and the commit- The EPA in the case of Flint did take sponding to critical public health tee’s hard work on this bill. action when they learned of the ele- issues. That the administrator had to I will be exceedingly brief because vated lead levels. The action was to re- remind employees of the importance of certainly, as has been outlined by any peatedly reach out to the Michigan De- public health speaks to the misplaced number of different speakers, this is partment of Environmental Quality priority of the EPA and its officials. about a failure of government at a mul- and insist that they enforce the lead So today we have to pass a law re- titude of different levels, at the State, and copper rule. quiring the Agency to notify the public local, and Federal levels, a real failure Actually, they went so far as to in- when water quality is unsafe and con- and real consequences to the people of sist that they initiate corrosion constitutes a public health threat. This Flint. trol, which is the mechanism by which legislation is a reminder to the EPA It is also, I think, a reminder to all of lead leaching would have been pre- that it needs to focus on its core re- us of the significance of bracket creep vented. sponsibility with safe drinking water, in government; wherein, if everybody is 1300 using its authority appropriately, rath- involved, nobody is involved; if every- b er than overreaching outside of its ju- body is accountable, nobody is ac- Not only did the Michigan Depart- risdiction. countable. ment of Environmental Quality fail to This is an example of one community That is true of a government at a act, they actually told the EPA almost that has been adversely affected. Flint government level. It is true of a regu- a year ago that they actually had initi- is not alone in this challenge, and this latory body. The importance of clearly ated corrosion control when they had has ramifications all across our coun- defined missions I think is part of what not. try. your strategic plan really gets at in I think it would be a mistake to cre- I urge my colleagues to support this this act, and I admire your work on ate some sort of equivalency between bill. that. the role of the EPA and the role of the Mr. TONKO. Mr. Speaker, I am wait- I also want to just reference that this State of Michigan in this. It was the ing for another individual to offer tes- is also a reminder, a wake-up call, if State of Michigan that had prime re- timony. you will, on the importance of watch- sponsibility that failed. I reserve the balance of my time. ing out for unsustainable political The EPA, while I would have pre- Mr. UPTON. Mr. Speaker, I yield 2 promises. ferred that they had shouted from the minutes to the gentleman from Michi- I say that because, if you look at the mountaintop that they were having gan (Mr. TROTT), another cosponsor of general budget and the general fund this problem getting the lead agency to the legislation. within Flint, basically one-third of enforce the rule, there was at least Mr. TROTT. Mr. Speaker, I also want their revenue goes to pay for retiree confusion as to whether or not they to thank Chairman UPTON and Rep- benefits. had the authority to do so. Even today, resentative KILDEE for their important, That number by the year 2020 is the State of Michigan continues to bipartisan work on this issue. going to rise to essentially 40 percent, push back on the EPA’s attempts to

VerDate Sep 11 2014 02:10 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K10FE7.022 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE February 10, 2016 CONGRESSIONAL RECORD — HOUSE H667 test water to insist on enforcement. It I just might note that the House was Communities are entitled to information is an important distinction to make. out 2 weeks. We had Martin Luther about their drinking water, and we should Regarding my friend Mr. SANFORD’s King week, then we had the snowstorm, make every effort to ensure that Americans re- comments, I appreciate his reflection and we couldn’t come back. ceive clear, concise and timely information on the financial situation within the Our committee held a number of about the safety of that water. This bill ad- city of Flint. While that is a set of briefings. I expanded it to include cer- dresses a concern raised during the Flint questions that clearly needs attention, tainly all of the members—Republican water crisis about the significant delay in in- the truth of the matter is, had the and Democrat—on the Energy and forming Flint residents about the dangerous Michigan Department of Environ- Commerce Committee, but I also ex- levels of lead in their water. I greatly appre- mental Quality insisted on the use of tended that out to all of the members ciate the work of Mr. KILDEE and the Michigan corrosion control in the Flint water of the Michigan delegation, both our Delegation in coming together and quickly system, as the law would require, the Senators, as well as the Oversight and pufting forward this legislation. It is a good cost would have been $140 a day. All of Government Reform Committee major- place to begin our efforts to help Flint and I this could have been prevented by the ity and minority staff. support its passage. State simply requiring that $140 a day Mr. KILDEE mentioned about Mr. Yet, this is a small, first step and does not be spent. PALLONE not being here. His father address the imminent and long-term problems This legislation is important in pre- died earlier this week, so he is where facing our nation’s water systems. I know my venting this from happening again so he should be. But he cares deeply about friend from Michigan, Mr. KILDEE, agrees with that an agency of a State that refuses this legislation as well. me on this and has put forward legislation fo- to enforce the law at least can’t do so I know when I sat down with my cusing on immediate and long-term invest- friend Mr. KILDEE last week to talk in the dark; and if the State won’t give ments for Flint to address both its health and about the intent of this legislation and public notice, it would require the EPA infrastructure needs. We must do more for where he was, we were able to, I think, to do so. This is an important step. We Flint and more to ensure that our nation as a make some important, constructive have crafted this legislation to make whole receives safe, clean drinking water at changes that strengthen the bill. It was sure that each level of government is the tap. a no-brainer for us to get every Mem- transparent when it comes to these As I have stated time and again, our drink- ber on both sides of the aisle from issues. ing water systems are deteriorating. Trans- Mr. UPTON. Mr. Speaker, I reserve Michigan to be an original cosponsor, parency is important, but we need to follow the balance of my time. and I congratulate him for that initia- this effort with a reauthorization of the Safe Mr. TONKO. Mr. Speaker, I yield my- tive. self the balance of my time. But I must say, too, this is a first Drinking Water Act that increases the invest- In closing, let me again offer my ap- step. I know in the future our comment in our drinking water systems. We must invest in our drinking water infra- preciation to Chairman UPTON and our mittee is going to be looking at how we structure to repair, maintain, and replace aging ranking member, Representative PAL- can better expand flexibility, I think, pipes. We also must equip communities with LONE, for their leadership on this and of States as it relates to their safe for working in a spirit of bipartisan- drinking water fund, and the State re- the resources to ensure the delivery of safe ship to bring this measure to the floor volving fund as well. We are looking to drinking water, safeguard systems from and in working with the Michigan dele- hear from the States what we might be vulnerabilities such as climate change, and gation and, in particular, Representa- able to do on the Federal response. encourage good financial and environmental management of water systems. There is no tive KILDEE, who has been directly im- Again, the primacy is at the State and pacted on behalf of Flint, Michigan, local level, particularly when a State, doubt that this will be a large task, but we which he represents. like we have seen here, actually has cannot shy away from it. The longer we delay, I would also make certain that we re- been given an emergency declaration, the more costly the investment. member that under the Safe Drinking as our Governor sought. This should be a wakeup call that we can- Water Act, as Representative KILDEE I encourage all of my colleagues to not continue to stand by watching as Flint— indicated, States have primacy, an im- support this bill, and I commend Mr. and far too many other American commu- portant issue for Members who fre- KILDEE. nities—are exposed to unsafe drinking water. quently talked about empowering our I yield back the balance of my time. We must take action now. State and local governments. It is a Mr. VAN HOLLEN. Mr. Speaker, I rise in Again, I commend Mr. KILDEE and the co- State’s responsibility when they accept support of the Safe Drinking Water Act Im- sponsors for their efforts on this legislation. I that role of primacy to run these sys- proved Compliance Awareness Act and am thank the Gentleman and his staff for working tems and comply with Federal stand- proud to be a cosponsor of this bill, which will with me and my staff to ensure this bill will ards. strengthen public notification requirements in truly increase transparency for communities. Before we point fingers at the EPA, the event of lead contamination. I urge my colleagues to support this bill and let’s remember that Congress has cut The situation in Flint is unacceptable—it is a look forward to additional opportunities to work its budget year after year. We want violation of the right to clean water and a in a bipartisan fashion in the remaining them to do more with less. We have breakdown of the basic responsibility of gov- months of this Congress on the pressing issue passed the point of achieving effi- ernment to its citizens. And it was completely of safe, reliable drinking water for all Ameri- ciency, we have cut valuable staffing, preventable—we know the damaging impacts cans. and we have cut valuable programs. of lead and we know how to protect people Mr. CONYERS. Mr. Speaker, I rise today in We can point to failures by all levels from lead poisoning. We need an aggressive support of H.R. 4470, the Safe Drinking Water of government in this situation, but response, both for the people in Flint and for Act Improved Compliance Awareness Act. the public doesn’t want to hear us every community that faces lead exposure. This bill is a good first step to helping ensure blame anyone. They want and deserve Today’s bill is just a first step to address this the Environmental Protection Agency (EPA) real solutions and financial assistance problem by ensuring that when contamination never again allows an intransigent state gov- to address the crisis at hand. occurs, communities will be informed of what ernment endanger the public welfare. We need to help the people of Flint is happening and what will be done to fix it. Let there be no mistake. The blame for what and better protect our public health We should follow this action with support for happened in Flint lies directly at the feet of going forward. the Flint community and robust funding for Governor Snyder who ignored Flint’s demo- Mr. Speaker, I yield back the balance lead poisoning prevention and clean water cratic rights, his appointed Emergency Man- of my time. programs. I look forward to our continued work agers who wanted to save a buck, and the Mr. UPTON. Mr. Speaker, I yield my- to protect children and communities from the Michigan Department of Environmental Quality self the balance of my time. dangers of lead. (MDEQ) that was too timid to protect the pub- I encourage all of my colleagues to Mr. PALLONE. Mr. Speaker, I rise in sup- lic from haphazard changes to the Flint water support this legislation. port of the Safe Drinking Water Act Improved system. Mr. TONKO said this bill is not about Compliance Awareness Act, as amended. This But the EPA needs to take some blame for a blame game. We are trying to fix a bill will allow more transparency and increase not dismissing out of hands the efforts of the problem so it doesn’t happen again education and outreach efforts to communities Governor, his Emergency Managers, and anyplace. about their drinking water systems. MDEQ to delay addressing the crisis in Flint.

VerDate Sep 11 2014 02:10 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00015 Fmt 4634 Sfmt 9920 E:\CR\FM\K10FE7.023 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H668 CONGRESSIONAL RECORD — HOUSE February 10, 2016 The EPA let the endless echo of ‘‘EPA over- are waived. At the conclusion of consider- fidence in what their government does reach’’ prevent them from doing their job— ation of the bill for amendment the Com- not only on their behalf, but for a bet- which is telling anti-regulatory special interests mittee shall rise and report the bill to the ter future for the American citizens, House with such amendments as may have that the public’s health comes first. been adopted. The previous question shall be including our children and grand- This bill is a start to fixing that problem, but considered as ordered on the bill and amend- children. we have a long way to go. My colleagues ments thereto to final passage without inter- We are here today because these are across the aisle need to stop fighting EPA on vening motion except one motion to recom- important issues, and we are address- behalf of special interests, and start fighting mit with or without instructions. ing them. That is what Speaker RYAN alongside EPA in the public interest. SEC. 2. At any time after adoption of this wants this body to be doing. Speaker resolution the Speaker may, pursuant to Because if they don’t, there will be more RYAN wants us to bring our best ideas clause 2(b) of rule XVIII, declare the House Flints, there will be more mothers who can’t resolved into the Committee of the Whole to the floor, to make sure the Amer- sleep because their children are sick, and House on the state of the Union for consider- ican people understand what they are, there will be more ‘‘bi-partisan’’ bills express- ation of the bill (H.R. 3293) to provide for to fully debate them, and to have all ing hindsight support for EPA action. greater accountability in Federal funding for the open processes that are necessary The SPEAKER pro tempore. The scientific research, to promote the progress to make sure that we are bringing to question is on the motion offered by of science in the United States that serves the American people the best ideas of the gentleman from Michigan (Mr. that national interest. The first reading of their elected representatives. That is the bill shall be dispensed with. All points of UPTON) that the House suspend the why we are here today. order against consideration of the bill are I also want to point out that the rules and pass the bill, H.R. 4470, as waived. General debate shall be confined to amended. the bill and shall not exceed one hour equal- Rules Committee, of which I am chair- The question was taken. ly divided and controlled by the chair and man, asked Members to submit their The SPEAKER pro tempore. In the ranking minority member of the Committee ideas and amendments regarding these opinion of the Chair, two-thirds being on Science, Space, and Technology. After bills, and 14 amendments were made in in the affirmative, the ayes have it. general debate the bill shall be considered order. That means that the Rules Com- Mr. UPTON. Mr. Speaker, on that I for amendment under the five-minute rule. mittee met, we looked, and we had dis- demand the yeas and nays. The bill shall be considered as read. All cussions with Members about the ideas points of order against provisions in the bill that they have. Fourteen were made in The yeas and nays were ordered. are waived. No amendment to the bill shall The SPEAKER pro tempore. Pursu- be in order except those printed in part B of order last night by the Rules Com- ant to clause 8 of rule XX, further pro- the report of the Committee on Rules accom- mittee, and I am proud of that. ceedings on this motion will be post- panying this resolution. Each such amend- As a result, our resolution provides poned. ment may be offered only in the order print- that H.R. 3442, the Debt Management ed in the report, may be offered only by a f and Fiscal Responsibility Act of 2015, Member designated in the report, shall be which was altered and supported by the PROVIDING FOR CONSIDERATION considered as read, shall be debatable for the gentleman from Coppell, Texas, Con- time specified in the report equally divided OF H.R. 3442, DEBT MANAGEMENT gressman KENNY MARCHANT, and H.R. and controlled by the proponent and an op- AND FISCAL RESPONSIBILITY 3293, the Scientific Research in the Na- ACT OF 2015, AND PROVIDING ponent, shall not be subject to amendment, and shall not be subject to a demand for divi- tional Interest Act, which was brought FOR CONSIDERATION OF H.R. sion of the question in the House or in the to the committee by the young chair- 3293, SCIENTIFIC RESEARCH IN Committee of the Whole. All points of order man of the Science, Space, and Tech- THE NATIONAL INTEREST ACT against such amendments are waived. At the nology Committee, LAMAR SMITH from Mr. SESSIONS. Mr. Speaker, by the conclusion of consideration of the bill for San Antonio, Texas, will both be con- direction of the Committee on Rules, I amendment the Committee shall rise and re- sidered today under a structured rule. port the bill to the House with such amend- Mr. Speaker, I would normally run call up House Resolution 609 and ask ments as may have been adopted. The pre- for its immediate consideration. vious question shall be considered as ordered through my opening dialogue that I The Clerk read the resolution, as fol- on the bill and amendments thereto to final would have about what is in these bills, lows: passage without intervening motion except why they are important, and what they H. RES. 609 one motion to recommit with or without in- would do. But because of time consider- structions. Resolved, That at any time after adoption ations today, one of our newest Mem- of this resolution the Speaker may, pursuant The SPEAKER pro tempore. The gen- bers of Congress wants to speak. He has to clause 2(b) of rule XVIII, declare the tleman from Texas (Mr. SESSIONS) is got a meeting in a few minutes. I would House resolved into the Committee of the recognized for 1 hour. like to ask him if he would at this time Whole House on the state of the Union for Mr. SESSIONS. Mr. Speaker, for the take part in my opening statement. consideration of the bill (H.R. 3442) to pro- purpose of debate only, I yield the cus- I yield to the gentleman from Wind- vide further means of accountability of the tomary 30 minutes to the gentleman sor, Colorado (Mr. BUCK). United States debt and promote fiscal re- from Massachusetts (Mr. MCGOVERN), sponsibility. The first reading of the bill b 1315 shall be dispensed with. All points of order pending which I yield myself such time as I may consume. During consider- Mr. BUCK. Mr. Speaker, for years, against consideration of the bill are waived. our Nation has limped along from debt General debate shall be confined to the bill ation of this resolution, all time yield- and shall not exceed one hour equally died is for the purpose of debate only. crisis to debt crisis. Every time, we say vided and controlled by the chair and rank- GENERAL LEAVE to ourselves ‘‘just a little more spending minority member of the Committee on Mr. SESSIONS. Mr. Speaker, I ask ing today, and we will fix this mess to- Ways and Means. After general debate the unanimous consent that all Members morrow,’’ but tomorrow never seems to bill shall be considered for amendment under may have 5 legislative days to revise come, and the ocean of red ink gets the five-minute rule. The bill shall be consid- deeper and deeper with each passing ered as read. All points of order against pro- and extend their remarks. The SPEAKER pro tempore. Is there day. Thanks to this ‘‘spend now’’ and visions in the bill are waived. No amendment ‘‘save never’’ mentality, the national to the bill shall be in order except those objection to the request of the gen- printed in part A of the report of the Com- tleman from Texas? debt has soared to $19 trillion, and mittee on Rules accompanying this resolu- There was no objection. there is no end in sight. The Federal tion. Each such amendment may be offered Mr. SESSIONS. Mr. Speaker, I rise Government has been overspending for only in the order printed in the report, may today in support of a rule and the un- so long that we are financially bank- be offered only by a Member designated in derlying bills, both of which will en- rupt. If we continue to pass this debt the report, shall be considered as read, shall hance accountability and create better on to our children and grandchildren, be debatable for the time specified in the re- processes for our Federal Government. we are also morally bankrupt. We need port equally divided and controlled by the Necessary legislation is what we are a solution to our constant budget bust- proponent and an opponent, shall not be subject to amendment, and shall not be subject talking about today. Legislation that ing. to a demand for division of the question in will help the Federal Government not H.R. 3442 will help our Nation address the House or in the Committee of the Whole. only in its processes, but that will this fiscal crisis. By requiring the ad- All points of order against such amendments allow the American people to have con- ministration to testify before Congress,

VerDate Sep 11 2014 02:10 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A10FE7.015 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE February 10, 2016 CONGRESSIONAL RECORD — HOUSE H669 we are requiring them to bring real- Reckless and mandatory spending who the Secretary of the Treasury is istic, serious solutions to the table. We has placed our national finances and going to be next year. The gentleman, are calling on them to offer a plan for our economy—including our jobs, our the author of the bill, thinks that that actually reducing our debt, and—this is infrastructure, and our future—in is a prime reason his legislation should key—we are requiring these solutions peril. Today, the total debt is subject be a bipartisan, commonsense piece of before we reach the point of no return. to the limit, which includes Treasury legislation so that we are saying who- What we have wrought in debt and securities held by Federal trust funds ever it is has the authority and the re- deficit isn’t merely a fiscal challenge and other accounts, which stand at sponsibility to come to Congress and or an economic problem—it is poi- over $19 trillion. Additionally, the Con- give us the insight. sonous to our human potential. It is gressional Budget Office projects that Let’s work together so that we avoid time for the Federal Government to the 2016 deficit will be $544 billion. You debt, so that we avoid making a mis- start making the same tough choices can see that we are not just at $19 tril- take, and, mostly, so that we are on that small businesses and folks in Colo- lion but that we are adding to that. the same page together. That is why rado are making every day, and this Mr. Speaker, you know and I know, we are here today, Mr. Speaker. bill is a good start. in just a matter of weeks, the gen- I reserve the balance of my time. Mr. SESSIONS. Mr. Speaker, I yield tleman from Georgia (Mr. TOM PRICE), Mr. MCGOVERN. Mr. Speaker, I yield myself such time as I may consume. the chairman of the Budget Com- myself such time as I may consume. The original intent also of a piece of mittee, will be bringing forth to this (Mr. MCGOVERN asked and was legislation that we have goes back to floor bills that address what our year is given permission to revise and extend 1950. The legislation that created the going to look like in 2017. The Presi- his remarks.) National Science Foundation was there dent of the United States has a chance Mr. MCGOVERN. Mr. Speaker, I at the time to support science that was to do this. Every year, the President thank the gentleman from Texas (Mr. in the national interest. Unfortu- submits his budget. It is $1 trillion SESSIONS), my good friend and distin- nately, the NSF has funded too many more a year in spending. It is more guished chairman of the Rules Com- wasteful projects under the ideas that government. It is more spending. It mittee, for yielding me the customary have been presented to us by the adds more things to our debt. Repub- 30 minutes. Science, Space, and Technology Com- licans, since 2011—since we have been I rise in strong opposition to this mittee, the purposes of which were in the majority—have tried to submit rule, which provides for the consider- probably nebulous at best, which would budgets that have held us in place; but ation of H.R. 3293, a bill to hamstring be the argument that Chairman LAMAR by holding us in place, which is the the National Science Foundation and SMITH made with us, and which were, best we can do, it does not mean that its gold standard review process; and I clearly, not necessarily in the national we were addressing creating a surplus, rise in strong opposition to H.R. 3442, a interest. which would be required not to add to misnamed debt management bill that We heard testimony that every single that debt. provides Congress with no new infor- project that the National Science So where we are is back to the Amer- mation about the debt limit and that Foundation handled was in the Amer- ican people again with an opportunity does nothing to actually prevent de- ican people’s best interest. We think for them to understand our processes— fault. that our discussion with Members of a budget, an opportunity to get to Despite a promise from Speaker Congress today will show them that we where we do not add to the debt. Yet RYAN and House Republican leadership need to change the wording to where what we are here to do today is not the for an open and deliberative process, the national interest is obligatory to a budget but to address what we do under this rule makes in order only 14 of the proposal before a proposal is given. You a circumstance when we have a debt 47 amendments that were submitted on have to prove it is in the Nation’s best limit by which we have met the con- both pieces of legislation to our com- interest to spend money. Examples of stitutional constraints, the legal con- mittee—only six amendments for the such projects include $700,000 to create straints, and what we are going to do Science, Space, and Technology Com- a climate change-themed musical, in moving forward. mittee’s bill and eight for the debt $38,000 to study prehistoric rabbit hunt- We are taking a bill that comes di- limit bill. Democrats on the Rules ing on the Iberian Peninsula, and—per- rectly from KENNY MARCHANT, who is a Committee offered an open rule so that haps my favorite of all—$605,000 to member of our Ways and Means Com- both Democratic and Republican Mem- study why people around the world mittee, who has spent a number of bers could have an opportunity to cheat on their taxes. years in thinking through how we can make their views known on this bill, Mr. Speaker, this is hard-earned put a spotlight—how we can put the but as has become the custom, the money that was spent that I do not be- light of day—on this issue to the point Democrats voted for an open process, lieve was in the national interest. ‘‘In at which we can talk about it, under- and every single Republican voted the interest of the Nation’’ means that stand more about it, and do something against an open process. it needs to be prioritized and that it about it. That is also the second bill: Members should have the oppor- needs to be something that would the National Science Foundation, what tunity to offer their ideas on the House produce an outcome that would, from is in the national interest, and, clearly, floor, and we should be having a robust the National Science Foundation, ben- looking at the debt. debate on these issues. Here is a crazy efit the American people. If we are going to have a debt limit idea, Mr. Speaker: Maybe, if we actu- H.R. 3293 directly benefits the Amer- increase, how do we as Members of ally opened up the process and allowed ican people by promoting greater ac- Congress, under our constitutional for a full debate, we could actually pass countability—a mission statement, so powers, understand not just the issue bipartisan legislation that would move to speak—in funding scientific re- but also the obligation that we have through the legislative process and search, not only at the NSF, but that when we take votes so that we know then go on to the President’s desk also ensures that the research con- what is at risk, what the plan would be, where he would then sign it into law. ducted is always in the national inter- and, perhaps more importantly, how we Yet, for the most part, my friends on est. can work together with the adminis- the other side of the aisle don’t seem This is, I believe, a commonsense, bi- tration—Republicans and Democrats— interested in working with Democrats partisan answer. Certainly, LAMAR to make sure we get a better answer. to advance common goals that will ac- SMITH, as the chairman of the com- Now, there is one last point that tually help the American people, and mittee, brought forth the ideas on a bi- needs to be made, and I think it was the legislation before us today is no ex- partisan basis to ensure that what we made yesterday in the committee, not ception. would do is not get in the way of any just by the gentleman TOM COLE, not H.R. 3442 requires the Secretary of projects that are currently out there. just by VIRGINIA FOXX from North the Treasury to appear before Congress Instead, anything that is in the future Carolina, and not just by me, which is and submit a report on the administra- would have to subscribe to the condi- that we don’t know who the President tion’s debt reduction proposals. I have tions of the national interest. is going to be next year. We don’t know got some good news for my friends. The

VerDate Sep 11 2014 02:10 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K10FE7.026 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H670 CONGRESSIONAL RECORD — HOUSE February 10, 2016 Treasury Secretary already regularly would exclude the most important in- ity to dictate what the National meets with Congress to discuss the formation Congress needs when the Science Foundation spends their fund- debt limit, and the President offers debt limit is reached, which is an anal- ing on, but there really isn’t even a proposals to address the debt and the ysis of the catastrophic consequences thin veil trying to cover up what this deficit in his annual budgets. I would of default. If this were a serious at- is. This is a blatant attempt to coerce say to my colleagues on the Republican tempt to address our debt, I would the NSF into only funding projects side that it is okay—you can ask ques- think that the majority would want to that fit into the Republican political tions. That is what hearings are for. know which bills the Treasury would messaging agenda. You can ask questions about the debt need to stop paying if Congress failed The NSF receives upwards of 50,000 and deficit reduction. to raise the debt limit. Would veterans proposals a year. Out of all these pro- In fact, just yesterday, President stop receiving their benefits? Would posals, only about 20 percent end up re- Obama sent his fiscal year 2017 budget Medicare providers stop being reim- ceiving funding. The NSF puts the ap- request to Congress, which included bursed? Would students stop receiving plications through a rigorous process over $2.9 trillion in deficit reduction Pell grants? The chairman of the Rules of peer review in order to determine over the coming decade—this on top of Committee said in his opening state- which proposals they will fund. the $4 trillion to $5 trillion in deficit ment that the American people want I would like to emphasize the fact reduction already achieved since 2010. us to do something. I agree. that this is a peer review, not a con- If my friends are interested in hearing gressional review. It is a peer review. b 1330 about these proposals to reduce our Congress does not review these applica- deficit, perhaps they should reconsider This is not doing something. This is tions because the vast majority of us their unprecedented and insulting deci- trying to point the finger somewhere are not scientists. I am not a scientist. sion to exclude the OMB from testi- else so that we can avoid responsibility I don’t think many of my colleagues on fying on the administration’s budget for doing our job. the other side of the aisle are sci- proposal. Such a contemptuous atti- If we were serious about this issue, entists. tude demeans Congress and the Amer- maybe we ought to think about actu- The NSF review process is also de- ican people. ally passing legislation that would help signed to be confidential in order to In addition to its annual budget, the reduce our deficit and pay down our protect against any internal or exter- administration also provides the infor- debt. Maybe we ought to be talking nal bias. Injecting congressional inter- mation requested by H.R. 3442 in the about comprehensive immigration reference and disruption into a well-func- form of the Mid-Session Review, of the form. CBO says that we would save tioning process will have a drastically Daily Treasury Statement, of the hundreds of billions of dollars for our negative effect. Monthly Treasury Statement, of the National Treasury if we actually did Now, it should come as no surprise Monthly Statement of the Public Debt, that, did something positive to resolve that a big part of the Republican ma- of the Schedules of Federal Debt, and our immigration crisis and, in doing so, jority’s argument is that the NSF is fo- of the Financial Report of the United we would save all this money that cusing too much of its funding on States Government. could go to reducing our deficit. projects studying climate change. I The Treasury manages our debt, but Maybe one of the things we ought to tried to figure out what the hook was, it is Congress that holds the power of be talking about here is actually not and I found that that is it. the purse. It is our responsibility to passing tax breaks for wealthy people I have said this here before, and I will raise the debt limit when it is reached, that we don’t pay for because that adds keep saying it until we stop debating and I would point out that it is the leg- to the bills that we accumulate here in these ridiculous bills. We know that islative decisions made by Congress Congress. If you want to give Donald climate change is real. We see it. We that determine the level of debt. Trump another tax cut, pay for it. That live it. The scientific community over- I say to my Republican friends, if you is all. whelmingly has verified it. Climate don’t want to deal with the issue of Maybe we ought to talk about deal- change is not a theory. It is not a hoax. raising the debt limit, then don’t accu- ing with the issue of these war costs. I It is not some silly fantasy. The NSF mulate all of these bills. The debt limit mean, we can’t even come together and should be funding research that is di- debate is about making sure we live up actually debate and vote on an AUMF rected toward understanding and miti- to our financial obligations, the obliga- as these new wars are popping up all gating the effects of climate change. tions that this Chamber agreed to. over the world. The majority on the Science Com- Last night in the Rules Committee, By the way, if we did, maybe we mittee has been on a crusade to inject we had a debate about deficit reduction could talk about the cost, which, by itself into NSF’s independent grant re- and how to deal with the debt. Mem- the way, a big chunk of these war costs view process. The committee has de- bers on both sides of the aisle offered aren’t even paid for. They are put on manded an explanation on how roughly suggestions on ways to reduce our def- our credit card. I mean, the only people 40 studies could possibly serve our na- icit, and that is an important discus- sacrificing in these wars are the men tional interests. Now, we have seen sion we should be having because it is and women who we put in harm’s way time and time again that basic re- a big issue. Yet this bill is not about and their families. The rest of us do search leads to positive, life-changing deficit reduction; it is not about trying nothing. We don’t even ask the Amer- outcomes never imagined by research- to get our debt under control; and it is ican people to pay for it. ers. not a serious attempt to help us avoid Well, here is an idea: if people don’t Congress certainly does not have the future default. The Republican major- want to pay for these wars, maybe we experience or the knowledge to pre- ity has threatened default on at least ought not to go. Just putting them on determine the future value of a re- three separate occasions: in 2011, when our credit card should not be an an- search project. Just because the title of default was narrowly avoided with the swer. Those are the kinds of things we a project doesn’t sound particularly Budget Control Act; in 2013, when Re- should be talking about here today if overwhelmingly impressive doesn’t publican extremism led to a govern- we were serious about getting our mean it isn’t, and we have a gazillion ment shutdown, costing our fragile budget under control. examples of that in the research that economy $24 billion and 120,000 private Simply put, Mr. Speaker, this legis- has been done in the NSF. sector jobs; and this past fall, when lation is duplicative, unnecessary, and It is best to leave the scientific re- Democrats helped to pass the bipar- a waste of time. It does nothing to pre- view process in the hands of our world- tisan budget agreement despite opposi- vent future Republican threats of de- class scientists who resoundingly option from two-thirds of the Repub- fault, and I strongly oppose this effort. pose efforts to interfere with NSF’s rig- licans in this Congress. This week, also, Mr. Speaker, House orous review process. I join them in I would like to point out what is Republicans are bringing to the floor strong opposition to this bill. missing in this bill that we are going H.R. 3293, another antiscience piece of Now, once again, Mr. Speaker, we are to be talking about later on this week. legislation. Now, some might call this on the floor debating two bills that are The report required by this legislation a thinly veiled attempt by the major- going nowhere. Each bill has received a

VerDate Sep 11 2014 02:10 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K10FE7.027 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE February 10, 2016 CONGRESSIONAL RECORD — HOUSE H671 veto threat from the White House be- just a few people without the subject of addressing that debt in the short term, cause this is not serious legislation. the debt ceiling coming up. My con- in the midterm, and in the future. So it Mr. Speaker, this is just more political stituents on a regular basis, through is a very commonsense plan. It in- fodder for the right wing of the Repub- emails, phone calls, and letters, ask me volves one very specific meeting with lican Party, sound bites for my friends the questions: What is Congress doing these two jurisdictional committees on the other side of the aisle to use about addressing the debt ceiling? Why with the Secretary of the Treasury. while on the campaign trail to attempt do you lurch from year to year to year The whole focal point of that meeting to sound like they are dealing with about the debt ceiling? Why don’t you will be to talk about the debt ceiling. issues in a serious manner when, in ever look at the debt ceiling in a com- That does not happen now. fact, they are not. It doesn’t matter prehensive manner? We have dozens of reports that are what year it is. The American people The debt is too high. When I intro- online. We have dozens of discussions elected us to solve problems, not pad duced this bill in September, the debt besides this, but never statutorily is Republicans’ political talking points. had reached $18.1 trillion. Today, it is the Secretary of the Treasury and the I ask my colleagues to oppose this re- over $19 trillion. If the current law re- two jurisdictional committees required strictive rule and the two partisan mains unchanged, the Congressional to meet and discuss this. This is the pieces of legislation. Budget Office predicts that the Federal great thing about this bill, the imple- I reserve the balance of my time. debt held by the public will exceed 100 mentation of this bill. Mr. SESSIONS. I yield myself such percent of our GDP in 25 years, and Like so many Americans, my con- time as I may consume. this is unsustainable. stituents have watched with great con- Mr. Speaker, yesterday the Rules The window to get a handle on the cern as the debt has skyrocketed. Committee made in order more amend- Nation’s debt is closing very quickly. The SPEAKER pro tempore (Mr. TIP- ments than Senator HARRY REID did as We need to enact solutions to retire TON). The time of the gentleman has majority leader over 2 years—in just 1 the debt before it is too late. That is expired. day. In just 1 day, more amendments what the Debt Management and Fiscal Mr. SESSIONS. Mr. Speaker, I yield 1 were made in order in the United Responsibility Act is all about. additional minute to the gentleman States House of Representatives. So I This bill creates a new debt limit from Texas. get it. I do. framework that places greater atten- Mr. MARCHANT. If we share these I think I would be on the defensive, tion on finding debt reduction solu- concerns at all—and I know that many also, if I were my colleagues, my tions. It does so by injecting trans- of us do—we need to pass the Debt friends that are Democrats, because parency, accountability, and timeli- Management and Fiscal Responsibility what they are doing to this country ness into the debt limit process. The Act. doesn’t work, and they are defensive bill would allow Congress and the ad- I urge my colleagues to join me in about it. So they view anything that ministration to take comprehensive as- supporting the rule. Republicans do, even on a bipartisan sessments of the debt and its drivers Mr. MCGOVERN. Mr. Speaker, I yield basis but doesn’t fit their narrative as, well before the statutory debt limit is myself such time as I may consume. Maybe I can clear all this up so we ‘‘this is political.’’ reached. Each year since I have been in Con- Well, balancing the budget is in the don’t have to debate this bill. gress, I can pick up the newspaper one The gentleman asked a question best interest of the American people. day and find that the Secretary of the about extraordinary measures that the Presenting realistic budgets—not a Treasury announces that we have Secretary of the Treasury could poten- trillion dollars more in spending and reached our statutory debt limit and tially use to deal with the debt ceiling. bigger government—is exactly the kind usually proclaims a date. In this case, I would just tell him that they are de- of policies that Republicans do believe. the statutory debt limit will be fined in statute, and we will happily By the way, if they were really seri- reached next March of 2017. At that provide him a copy of the statute so ous about trying to fix this global point, everybody seems to go about that he can understand that. warming, they wold look in their own their business. There is no particular I would go back to what I said in my backyard with home heating fuel, action taken. opening statement that, if we are seri- which is diesel fuel, which they are In fact, last month after that procla- ous about dealing with our deficit and putting all through the Northeast to mation was made that we had reached our debt, then maybe we ought to be heat their homes. That is a huge con- our statutory debt ceiling, 7 months thinking in these terms, about actually tributor to global warming, as opposed went by without us reaching the debt not accumulating all these bills that to clean, natural gas. They can make ceiling. How did that happen? Well, it get us to the point where we have to their own decisions. But I would say happened because the Secretary of the raise the debt ceiling. back to them: I think you ought to Treasury has the ability to implement I mean, we in Congress—not the ad- measure three times and have seen extraordinary measures. Now, if any ministration, but we in Congress—ac- once, not just go accusing other people committees in the Congress should cumulate all these bills and all these of things. know what those extraordinary meas- financial obligations. Once you do that, Mr. Speaker, yesterday in the Rules ures that he is using are going to be or you have to pay for them. Our con- Committee, we had the gentleman are, it is the Ways and Means Com- stituents, when they accumulate credit from Coppell, Texas, KENNY MARCHANT, mittee and the Senate Finance Com- card debt, they have got to pay it. a great member of our Ways and Means mittee. They just can’t not pay it because they Committee, come and testify about So this bill very simply lays out a don’t want to. So we have to start be- this bill, about how we look at raising framework where, before the debt ceil- having like adults here and understand the debt limit. He spoke very passion- ing is reached—and the Secretary of that we need to pay our bills. ately, and there was a lot of common Treasury knows that—he has a frame- I would suggest to my colleagues on sense involved about how do we look at work of up to 60 days to come and ap- the other side of the aisle that one way this issue and how do we solve it. pear before the Ways and Means Com- we might want to save some money I yield 5 minutes to the gentleman mittee and the Senate Finance Com- and not add it to the deficit or to our from Texas (Mr. MARCHANT). mittee, which could be a joint meeting, debt is to stop giving Donald Trump Mr. MARCHANT. Mr. Speaker, I and lay out for us when the debt ceil- tax cuts that you don’t pay for. thank the chairman for yielding to me ing will be reached—not after we have and his support on this issue. Also, I reached the debt ceiling, but before we b 1345 thank him for allowing the Rules Com- have reached the debt ceiling—what ex- If you want to have tax cuts for mittee to spend over an hour on this traordinary measures he will take once wealthy individuals, fine. Pay for issue yesterday to hear both sides of we have reached that debt ceiling and them. Don’t not pay for them. Stop this issue as far as the debt ceiling when, in fact, he thinks we will actu- subsidizing big oil companies in this goes. ally run out of money. country. Mr. Speaker, I can’t go to a townhall In that report, he will actually then Maybe there was a time when we meeting or even go to a gathering of lay out the administration’s plan on first started exploring for oil that you

VerDate Sep 11 2014 02:10 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K10FE7.028 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H672 CONGRESSIONAL RECORD — HOUSE February 10, 2016 could make the case that taxpayers Not paid for. And then just a few weeks around plan so you are not back here ought to be subsidizing oil companies. ago we passed tax extenders that are in 6 months or 12 months asking for Not anymore. Not with global warming going to reduce revenues by $2 trillion. more money on a failed model. and certainly not when they are mak- Actions have consequences. The con- The people’s House, the Congress, is ing zillions of dollars a year in profits. sequences are ones that are inevitable made up of both Republicans and Maybe we could take that money and and foreseeable as a result of the ac- Democrats. More importantly, it is put it toward deficit reduction. tions of this Congress. This Congress, made up of Americans. We are looking Or maybe we could pay for these wars instead of assuming its responsibility, at a year when the tax revenues are the that everybody seems to want to com- tries to outsource it. highest they have ever been—$3.25 tril- mit our young men and women to. If The SPEAKER pro tempore. The lion—yet, we continue to spend $3.7 you want to go to war, you ought to time of the gentleman has expired. trillion to $3.8 trillion. pay for it, not just put it on a credit Mr. MCGOVERN. Mr. Speaker, I yield Now people look at that and their card. If you are not prepared to do the gentleman an additional 1 minute. eyes kind of roll back in their head. that, then end these wars. Mr. WELCH. To someone else, it is a They say: I have absolutely no idea But just putting in danger the lives dodge. That is all it is. It is us trying what you are talking about. of our brave men and women and just to fool the American people with a So you reduce it down to this, which accumulating all these massive bills game of three-card Monte where we are I think is the most effective way of ex- that there is no accountability of I pretending that the problem that we plaining it. Hardworking American think is unconscionable. are decrying had somehow mysteri- couples sit down at the kitchen table. Having said that, Mr. Speaker, I now ously evolved out of nowhere. It is kitchen table economics. It is not yield 21⁄2 minutes to the gentleman I respect the concern of the authors all this other stuff. It is not all these from Vermont (Mr. WELCH). of this bill about our debt. What I don’t hieroglyphics. Mr. WELCH. Mr. Speaker, I respect respect is the failure of Congress to ad- The husband and the wife talk and the motivation that underlies this bill. dress it. say: you know what, Honey, we had a We have got a debt in this country that Mr. SESSIONS. Mr. Speaker, the rea- great year; I was able to bring home is too large, and we have got to address son why we are doing this is because $32,500; what I want you to do is to go it, but this is a nonresponse. one day 2 years ago the President, out and spend $37,500 or $38,000. The job of addressing the debt be- through the Treasury, wrote off $339 They would look at each other and longs to Congress. It can’t be billion in one day. That is not respon- say: wait a minute, you told me you outsourced. The Secretary of the sible. It didn’t happen in one day. had a great year—and you did—but you Treasury has no more authority to ad- They play games at Treasury. The want me to spend even more money dress the debt than the Secretary of President of the United States plays than you brought in. Agriculture or Education or the Demo- games with this issue. Now it sounds We constantly tell the American peo- cratic National Committee or the Re- like my colleagues are, also. This is an ple: you are going to have to tighten publican Campaign Committee. This is honest attempt to have a dialogue. your belts; you are going to have to a job that has to be done, but it is our Regardless of who is going to be live within your means. And then, be- job to do it. President or whoever is going to be cause we don’t have to, we go out and Asking the Secretary of the Treasury Treasury Secretary next year, we want borrow and raise the debt ceiling. to come in and talk about when that to know what kind of games or what Think about that couple that is in- date certain will be on default when we kind of straightforward business they creasing their debt load year after year set that date when we pass budgets are going to operate. after year—deficit spending—and we means that we are asking somebody Mr. Speaker, at this time I yield 5 are crowing about the fact that you else to do our job and asking somebody minutes to the gentleman from Butler, know what, we have cut our deficit who actually doesn’t even have the au- Pennsylvania (Mr. KELLY), one of the spending by half a trillion dollars this thority to do the job. That belongs to most exciting young Members of this year. Aren’t we doing well? Congress. Congress. My question is: so where does that Every time we vote on either a tax Mr. KELLY of Pennsylvania. I thank deficit spending go? It goes onto your cut or an appropriation bill, it has the gentleman for referring to me as long-term debt. You are digging the clear implications for how that will young and exciting. I am going to hole so deep that you will never be able impact on the debt ceiling. It is debat- phone my wife to let her know that is to climb out of it, but you are feeling able because there are fluctuations as the case. good about it because you were able to to when we will hit that date. Mr. Speaker, I come before you today satisfy whatever your needs were at But it is absolutely certain that, because I am in strong support of H.R. that moment. when we appropriate money or we pass 3442. I think that sometimes we make That is not only irresponsible, it is tax cuts, in one case spending will go this a Democratic versus Republican unconscionable. More than that, it is up, and in the other case revenues will issue. Responsibility is not a political immoral for people to sit in this House go down. issue. It is a moral issue. as representatives of the American peo- What we have done is gone along in a Irresponsibility is the problem that ple who have been given the authority kind of la-la land where we think we we have. I wish we could go away from to tax, but they have also been given can cut taxes, we can raise spending, making political talking points into the responsibility to spend that hard- and then we are astonished when a year making solid policy positions that say: working American taxpayer’s dollar. or so later there is actually a bill that okay, fine, if we are going to increase More importantly, once you have au- comes due. our debt ceiling, tell me why you are thority and once you have responsi- This is not the debt management bill. going to get there. bility, you have got to be accountable It is not the fiscal responsibility bill. It I come from the private sector. There not just to that person in the mirror, is the debt mismanagement and fiscal are many times in my life I have had to but, in my case, the 705,687 people that irresponsibility bill. go to lenders and tell them I need to I represent in western Pennsylvania. Think about the things that we have borrow money. The first thing they Now, they are not all Republicans. done. Mr. MCGOVERN has been talking would say is: give me your financials; They are not all Democrats. They are about it. But we had a war in Iraq, a let me look at the way you are running not all Libertarians. They are not all trillion dollars. Nobody paid for that. your company; let me see about what Independents. But they are all hard- We voted to spend a trillion dollars on you are doing; then we will make a de- working American taxpayers. tax cuts. We can have an argument cision. Why do we have to reduce this down about tax policy. But you know what, Then they would come back to me to a political-talking-points issue in- revenues went down. and say: you know what, I am looking stead of talking about what is fun- Congress voted to spend $800 billion at what you are asking for, and you damentally sound economically? on the prescription drug program, definitely need an injection of capital; You cannot spend your way out of something that had bipartisan support. but my question is what is your turn- debt. You cannot continue to borrow

VerDate Sep 11 2014 02:10 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K10FE7.030 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE February 10, 2016 CONGRESSIONAL RECORD — HOUSE H673 irresponsibly and say: well, we have I want to say to my friend from b 1400 the power to do it. So when we ask the Pennsylvania (Mr. KELLY), whom I re- In 2013, Mr. Speaker, I visited a place Secretary of the Treasury who else spect and admire, this isn’t like a sim- called Ny-Alesund in Svalbard, Nor- would you go to, that is who is respon- ple, homespun, sit around the kitchen way. This is the northernmost research sible for it. table and work this out and be respon- installation in the planet in the Arctic I don’t care who is sitting in there. I sible in paying our bills. I wish it were. Circle and a leading research and moni- don’t care who is in the White House. I That homespun couple in Pennsyl- toring station that serves many of our care about sound, fundamental fiscal vania or my district in Virginia can’t international partners, including Nor- policy that protects this country going start a war that is unpaid for in Iraq, way, Italy, Japan, China, and the Neth- forward, not only those that are with can’t decide to give wealthy people a us right now, but those that came be- erlands. tax cut that is unpaid for, can’t run the I saw firsthand on that visit the rapid fore us and those that are going to U.S. economy into the ground that decline of Arctic sea ice and rapidly re- come after us. costs trillions of dollars in additional We are putting ourselves in a posi- treating glaciers. The research NSF debt because of policy choices made in tion that is totally going to be unre- funds there will have environmental this Congress, not by the Secretary of coverable. Why would we knowingly sit and geopolitical benefits to the U.S., the Treasury. here and think if I can pin the blame and we should be expanding not re- on somebody else from the political op- It was Republican Vice President tracting on those commitments. I ask: posite of me, I will somehow win an Cheney who actually said in the midst How is it that research is not in the na- election? of all of that that debts no longer mat- tional interest? Is it really that important to win an ter. This destructive bill will have a election and lose the country? Is it So we are glad to see the new-found chilling effect on our research commu- really that important to have a polit- religion here on the floor of the House nity, stifling ambitious research nec- ical talking point that makes you feel with our friends on the other side of essary to a 21st century future. good about what you said so you can go the aisle, who are now once again con- Sadly, once again, the Republican back home to somebody and say: you cerned about debt, debt they helped ac- majority insists on misinformation and saw what I did on the floor; right? cumulate to an obscene degree. belief over empirical evidence and I would hope that the constituents I rise, Mr. Speaker, in opposition to science. would say: yes, I did. You just put me not only that bill, but to the Scientific I urge rejection of the bill. deeper in debt. You made it impossible Research in the National Interest Act Mr. SESSIONS. Mr. Speaker, I yield 5 for me to plan for my future. You made bill. minutes to the gentleman from Texas it impossible for us to remain one of It comes as no surprise to my con- (Mr. SMITH), chairman of the Science, the strongest countries in the world be- stituents in Virginia that the most Space, and Technology Committee. cause debt will eliminate you. I don’t anti-environmental Congress—the Mr. SMITH of Texas. Mr. Speaker, I care if it is a person. I don’t care if it House majority is now attempting to thank my friend from Texas for yield- is a business. I don’t care if it is a tell the National Science Foundation ing, and I appreciate the chairman of State or a country. how they ought to do and award Fed- the Rules Committee bringing this rule We are quickly approaching the point eral research grants based on what to the floor to allow for consideration of no return. To sit here and try to Congress deems worthy. of H.R. 3293, the Scientific Research in make it a political battle instead of The House majority has been open the National Interest Act. survival for the United States of Amer- about its climate denialism and candid H.R. 3293 requires each National ica is totally irresponsible. More im- Science Foundation public announce- portantly, it is immoral. about its outright political agenda against scientific fact. The very sci- ment of a grant award to be accom- This is not a political battle. This is panied by a nontechnical explanation a fight for the future of our country. entific community that we should trust to understand and forecast the ef- of the project’s scientific merits and This is a fight for sustainability in the how it serves the national interest. greatest country the world has ever fects of manmade global climate change is substituted in this bill by the This written justification affirms the known. National Science Foundation’s deter- I do not think that any of us should United States Congress, a bunch of mination that a project is worthy of ever turn our back on our responsi- politicians. taxpayer support based on scientific bility because it just wasn’t politically This bill is a solution in search of a merit and national interest. right. problem. It threatens the National The bill sets forth that NSF grants Mr. MCGOVERN. Mr. Speaker, let me Science Foundation’s gold-standard should meet at least one of seven cri- just say I have the greatest respect for merit-review process that has resulted teria that demonstrate a grant is in my colleague from Pennsylvania, but in groundbreaking research over the fact in the national interest. These na- the reason why we oppose this is be- years, including medical, techno- tional interest areas are in the original cause it does nothing. logical, agricultural, and public health enabling legislation that established Actually, it attempts to pin the advancements. the National Science Foundation and blame on the Secretary of the Treas- Even worse, how are we to explain its mission or are part of the National ury, but the reality is—and I want to the majority’s decision to exclude cli- Science Foundation mission today. repeat this for my colleagues on the mate change, one of the most pressing other side of the aisle—that Congress’ These criteria are: global challenges we face, as one of the Increased economic competitiveness decision on revenue and spending poli- bill’s seven national interest criteria? cies ultimately determine the level of in the United States; It is not even in there. debt and when the debt limit is Advancement of the health and wel- I offered an amendment that would reached. It is our responsibility. fare of the American public; What we object to is that, instead of have ensured climate change is deemed Development of an American STEM debating concrete issues to reduce our in the national interest. The Repub- workforce that is globally competitive; deficit and reduce our debt, we are in- lican majority would not even allow Increased public scientific literacy volved in this kind of debating a that amendment to come to this floor and public engagement with science nonissue, a bill that does nothing, that for debate. and technology in the United States; will do nothing to reduce our deficit, The NSF is helping to lead research Increased partnerships between aca- reduce our debt, and is a complete in global climate change. For example, demia and industry in the United waste of time. it was an NSF grant that launched a States; At this point, I yield 4 minutes to the program in my district at George Support for the national defense of gentleman from Virginia (Mr. CON- Mason University that will help tele- the United States; or, NOLLY). vision weather forecasters better in- Promotion of the progress of science Mr. CONNOLLY. Mr. Speaker, I form and explain to viewers how cli- in the United States. thank my good friend from Massachu- mate change will affect us and those These seven national mission areas setts for his leadership. communities. encompass the overriding needs of

VerDate Sep 11 2014 02:10 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K10FE7.031 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H674 CONGRESSIONAL RECORD — HOUSE February 10, 2016 America to which the scientific enter- all these bills. It is Congress that does ican people can’t believe—while things prise can contribute and advance. this. When you accumulate all these continue to get worse. Under this umbrella, many scientific bills and you have to raise the debt I would say to my Republican disciplines and research areas can and ceiling, it is irresponsible to all of a friends: admit it; climate change is for do receive support and flourish. sudden say that we don’t want to do it real. You are on the wrong side of pub- The amendments that were not made and then to default on our debt. lic opinion. When you try to claim it is in order by the Rules Committee would As I mentioned before, back in 2013, a hoax, you are on the wrong side of have opened up this NSF national mis- when Republican extremism actually the scientific community and you are sion statement to include every pet shut the government down, it cost our on the wrong side of history. project, earmark, or political point economy $24 billion and 120,000 jobs. One final thing, because I couldn’t that Members on the other side could Now, $24 billion may not seem like a help but take note that my colleague think of. In fact, the explicit, line lot to my Republican friends, but I as- from Texas kind of took a jab at Mas- item-directed subjects that Members sure you that it all starts to add up. sachusetts over home heating oil. I wanted to add to the list of ‘‘what is in Those 120,000 jobs that were lost is all would say to the gentleman a couple of the national interest’’ are already cov- lost revenue coming into the govern- things. One, Massachusetts is leading ered by one of the seven categories in ment which would go to paying down the Nation in terms of investments in the bill. our deficit and debt. renewable and green energy. I am real- We welcome a fair and open debate If you really want to deal with this ly proud of what my State is doing. on the merits of the bill, and several issue, then let’s talk about things like I would say one other thing to the amendments were made in order that paying for these wars that no one gentleman from Texas, and that is that allow us to have that debate. These in- seems to want to pay for. Let’s talk his State—Texas—generates 10 times clude amendments by the ranking about not enacting tax breaks and tax more emissions from heating oil, com- member of the House Science, Space, cuts for wealthy individuals and not pared to Massachusetts. So I would and Technology Committee, Ms. EDDIE paying for it. Let’s talk about reeling urge him to get his State’s emissions BERNICE JOHNSON of Texas, as well as in some of these excessive subsidies to under control for the sake of our plan- five other Democratic amendments. Big Oil and to other big corporate in- et. This rule allows us to have that fair terests in this country. Let’s talk Mr. Speaker, I yield back the balance debate, and I urge my colleagues to about passing comprehensive immigra- of my time. support it. tion reform, which, again, the CBO has Mr. SESSIONS. Mr. Speaker, how Every criticism I have heard in the said would save us hundreds of billions much time do I have remaining? last few minutes about this bill could of dollars that we could put toward The SPEAKER pro tempore. The gen- be addressed if those who oppose the getting our fiscal house in order. tleman from Texas has 3 minutes re- bill just took the time to read the bill. Those are real things. This is just maining. It is only three pages long. You can talk for the sake of talk. I guess maybe Mr. SESSIONS. Mr. Speaker, I yield probably read it in 3 minutes. They it is a good press release; but, quite myself the balance of my time. would see that their opposition has no frankly, I think our time would be bet- The first thing I would like to say to foundation whatsoever. ter spent doing something else. the gentleman is that Texas is bigger Mr. MCGOVERN. Mr. Speaker, how Again, on H.R. 3293, the so-called Sci- than France and Texas is bigger than much time do I have remaining? entific Research in the National Inter- Massachusetts. In fact, we have eco- The SPEAKER pro tempore. The gen- est Act, I take great exception to those nomic output. We have lots of people tleman from Massachusetts has 8 min- who question the integrity of the NSF. working. We have economic prowess in utes remaining. The National Science Foundation has Texas. Mr. MCGOVERN. I yield myself such integrity, in my opinion, beyond ques- We do have more output of what time as I may consume. tion. The work that they do is extraor- might be carbon. We do. We also had Mr. Speaker, I urge my colleagues to dinary. The work that they do leads to $290 billion worth of economic activity defeat the previous question. If we can all kinds of benefits not only for the that we sent overseas. Texas helps the defeat the previous question, I will people in this country, but for the envi- United States of America float its boat offer an amendment to the rule to ronment and people all over the world. because we have jobs, we have lower bring up a bill that would help prevent I think the scientists who work there taxes, we have great schools, we have mass shootings by promoting research are having their reputations ques- people that enjoy living where they on the causes of gun violence, making tioned by the introduction of this legis- live, and we have people that take re- it easier to identify and treat those lation, never mind us even considering sponsibility. prone to committing these acts. it here today. I think you are dimin- Across the board, Texas is a great Mr. Speaker, I ask unanimous con- ishing the incredible work that they place to live. Texas does, as you have sent to insert the text of the amend- do. heard many times, move our country ment in the RECORD, along with extra- I get it. For some reason, my Repub- in a direction to more freedom, Mr. neous materials, immediately prior to lican colleagues can’t admit that we Speaker. What we are talking about is the vote on the previous question. have a thing called climate change freedom. With that freedom comes re- The SPEAKER pro tempore. Is there going on around the world. So any time sponsibility. objection to the request of the gen- anybody talks about climate change, Mr. Speaker, why we are here tleman from Massachusetts? you go after whatever department or today—exactly as I started to say in There was no objection. agency it is. You attack them. You try the very beginning—is that our Speak- Mr. MCGOVERN. Mr. Speaker, again, to cut their funding. You try to ques- er, PAUL RYAN, has challenged I think I oppose both H.R. 3442 and H.R. 3293. tion their integrity. all of Congress, but in particular this Again, on H.R. 3442, if we are serious Well, I hate to tell my Republican Republican majority, to bring forth about deficit and debt reduction, then friends that climate change is real. The good ideas that address the issues, we ought to be talking about substance overwhelming science says it is real. If thoughts, and answers about the prob- and something real, not some sound you don’t appreciate that, maybe you lems that the United States Congress bite where Members of the House can ought to go back to school and take a perhaps is responsible for and perhaps point to the administration to say it is science class. the United States sees that we need to all their fault. When we talk about the lack of ac- start talking about what our future is The reality is, it really is the fault of countability and the lack of proper going to be. all of us, when you come down to it, be- stewardship of what we are supposed to When he was the chairman of the cause this is the place where spending be doing here, that is one area where I Budget Committee and the Ways and decisions are made, where tax policy is think we have let the American people Means Committee, Speaker RYAN made. down; indeed, the world community. talked about growing our economy. I If my colleagues do not want to raise We are sitting here debating whether know our friends want to raise taxes. I the debt ceiling, then don’t accumulate it is even an issue—which the Amer- know the President of the United

VerDate Sep 11 2014 02:10 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K10FE7.032 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE February 10, 2016 CONGRESSIONAL RECORD — HOUSE H675 States wants to also, now that the en- Mr. Clarence Cannon’s Precedents of the this 15-minute vote on ordering the ergy costs are down, stick them back House of Representatives (VI, 308–311), de- previous question will be followed by 5- up and stick the American people with scribes the vote on the previous question on minute votes on adopting House Reso- a $10 a barrel tax. I know that what the rule as ‘‘a motion to direct or control the consideration of the subject before the House lution 609, if ordered; and suspending they want is more and more and more being made by the Member in charge.’’ To the rules and passing H.R. 4470. spending. They will get their chance defeat the previous question is to give the The vote was taken by electronic de- with the budget when it comes in a opposition a chance to decide the subject be- vice, and there were—yeas 237, nays trillion dollars higher in a year than fore the House. Cannon cites the Speaker’s 180, not voting 16, as follows: what we are spending right now. That ruling of January 13, 1920, to the effect that [Roll No. 65] ‘‘the refusal of the House to sustain the de- is their vision. YEAS—237 What we are talking about today is mand for the previous question passes the control of the resolution to the opposition’’ Abraham Grothman Peterson our vision, Speaker RYAN’s vision, and in order to offer an amendment. On March Aderholt Guinta Pittenger the Republican majority’s vision. And 15, 1909, a member of the majority party of- Allen Guthrie Pitts what is that? We would like to put in fered a rule resolution. The House defeated Amash Hardy Poe (TX) place an agreement. We would like for Amodei Harper Poliquin the previous question and a member of the Babin Harris it to be a bipartisan vote. We already Pompeo opposition rose to a parliamentary inquiry, Barletta Hartzler Posey have bipartisan support. And that is so asking who was entitled to recognition. Barr Heck (NV) Price, Tom that we could say that, regardless of Speaker Joseph G. Cannon (R–Illinois) said: Barton Hensarling Ratcliffe who is President and Secretary of the ‘‘The previous question having been refused, Benishek Hice, Jody B. Reed Bilirakis Hill Treasury—right now, I don’t know who the gentleman from New York, Mr. Fitz- Reichert gerald, who had asked the gentleman to Bishop (MI) Holding Renacci it is going to be; I really couldn’t even yield to him for an amendment, is entitled to Bishop (UT) Huelskamp Ribble Black Hultgren guess—we, as a body, make sure that the first recognition.’’ Rice (SC) Blackburn Hunter Rigell we are focusing on what this is going The Republican majority may say ‘‘the Blum Hurd (TX) Roby to look like at the time. The gen- vote on the previous question is simply a Bost Hurt (VA) Roe (TN) vote on whether to proceed to an immediate Boustany Issa tleman from Massachusetts was very Rogers (AL) vote on adopting the resolution . . . [and] Brady (TX) Jenkins (KS) clear to say we already know all these Rogers (KY) Brat Jenkins (WV) has no substantive legislative or policy im- Rohrabacher things, but we don’t. Bridenstine Johnson (OH) Mr. Speaker, I urge my colleague to plications whatsoever.’’ But that is not what Rokita they have always said. Listen to the Repub- Brooks (AL) Johnson, Sam support this rule and the underlying Brooks (IN) Jolly Rooney (FL) lican Leadership Manual on the Legislative Ros-Lehtinen bill. Buchanan Jones Process in the United States House of Rep- Buck Jordan Roskam The material previously referred to resentatives, (6th edition, page 135). Here’s Bucshon Joyce Ross by Mr. MCGOVERN is as follows: how the Republicans describe the previous Burgess Katko Rothfus AN AMENDMENT TO H. RES. 609 OFFERED BY question vote in their own manual: ‘‘Al- Byrne Kelly (MS) Rouzer Royce MR. MCGOVERN OF MASSACHUSETTS though it is generally not possible to amend Calvert Kelly (PA) the rule because the majority Member con- Carter (GA) King (IA) Russell At the end of the resolution, add the fol- Salmon trolling the time will not yield for the pur- Carter (TX) King (NY) lowing new sections: Chabot Kinzinger (IL) Sanford SEC. 3. Immediately upon adoption of this pose of offering an amendment, the same re- Chaffetz Kline Scalise resolution the Speaker shall, pursuant to sult may be achieved by voting down the pre- Clawson (FL) Knight Schweikert clause 2(b) of rule XVIII, declare the House vious question on the rule . . . When the mo- Coffman Labrador Scott, Austin resolved into the Committee of the Whole tion for the previous question is defeated, Cole LaHood Sensenbrenner House on the state of the Union for consider- control of the time passes to the Member Collins (GA) LaMalfa Sessions ation of the bill (H.R. 3926) to amend the who led the opposition to ordering the pre- Collins (NY) Lamborn Shimkus Public Health Service Act to provide for bet- vious question. That Member, because he Comstock Lance Shuster then controls the time, may offer an amend- Conaway Latta Simpson ter understanding of the epidemic of gun vio- Cook LoBiondo ment to the rule, or yield for the purpose of Smith (MO) lence, and for other purposes. The first read- Costello (PA) Long Smith (NE) ing of the bill shall be dispensed with. All amendment.’’ Cramer Loudermilk Smith (NJ) points of order against consideration of the In Deschler’s Procedure in the U.S. House Crawford Love Smith (TX) bill are waived. General debate shall be con- of Representatives, the subchapter titled Crenshaw Lucas Stefanik fined to the bill and shall not exceed one ‘‘Amending Special Rules’’ states: ‘‘a refusal Culberson Luetkemeyer Stewart hour equally divided and controlled by the to order the previous question on such a rule Curbelo (FL) Lummis Stivers Davis, Rodney MacArthur chair and ranking minority member of the [a special rule reported from the Committee Stutzman on Rules] opens the resolution to amend- Denham Marchant Thompson (PA) Committee on Energy and Commerce. After Dent Marino general debate the bill shall be considered ment and further debate.’’ (Chapter 21, sec- Thornberry DeSantis Massie Tiberi for amendment under the five-minute rule. tion 21.2) Section 21.3 continues: ‘‘Upon re- DesJarlais McCarthy Tipton jection of the motion for the previous ques- Diaz-Balart McCaul All points of order against provisions in the Trott tion on a resolution reported from the Com- Dold McClintock bill are waived. At the conclusion of consid- Turner Donovan McHenry eration of the bill for amendment the Com- mittee on Rules, control shifts to the Mem- Upton Duffy McKinley mittee shall rise and report the bill to the ber leading the opposition to the previous Valadao Duncan (SC) McMorris House with such amendments as may have question, who may offer a proper amendment Wagner or motion and who controls the time for de- Duncan (TN) Rodgers been adopted. The previous question shall be Ellmers (NC) McSally Walberg considered as ordered on the bill and amend- bate thereon.’’ Emmer (MN) Meadows Walden Clearly, the vote on the previous question ments thereto to final passage without inter- Farenthold Meehan Walker on a rule does have substantive policy impli- Walorski vening motion except one motion to recom- Fitzpatrick Messer cations. It is one of the only available tools Walters, Mimi mit with or without instructions. If the Fleischmann Mica for those who oppose the Republican major- Fleming Miller (FL) Weber (TX) Committee of the Whole rises and reports ity’s agenda and allows those with alter- Flores Miller (MI) Webster (FL) that it has come to no resolution on the bill, native views the opportunity to offer an al- Forbes Moolenaar Wenstrup then on the next legislative day the House Westerman ternative plan. Fortenberry Mooney (WV) shall, immediately after the third daily Foxx Mulvaney Whitfield order of business under clause 1 of rule XIV, Mr. SESSIONS. Mr. Speaker, I yield Franks (AZ) Murphy (PA) Williams resolve into the Committee of the Whole for back the balance of my time, and I Frelinghuysen Neugebauer Wilson (SC) further consideration of the bill. move the previous question on the res- Garrett Newhouse Wittman Gibbs Noem Womack SEC. 4. Clause 1(c) of rule XIX shall not olution. Gibson Nugent Woodall apply to the consideration of H.R. 3926. The SPEAKER pro tempore. The Gohmert Nunes Yoder question is on ordering the previous Goodlatte Olson Yoho THE VOTE ON THE PREVIOUS QUESTION: WHAT question. Gosar Palazzo Young (AK) IT REALLY MEANS The question was taken; and the Granger Palmer Young (IA) This vote, the vote on whether to order the Graves (LA) Paulsen Young (IN) previous question on a special rule, is not Speaker pro tempore announced that Graves (MO) Pearce Zeldin merely a procedural vote. A vote against or- the ayes appeared to have it. Griffith Perry Zinke dering the previous question is a vote Mr. MCGOVERN. Mr. Speaker, on NAYS—180 against the Republican majority agenda and that I demand the yeas and nays. The yeas and nays were ordered. Adams Beatty Bishop (GA) a vote to allow the Democratic minority to Aguilar Becerra Blumenauer offer an alternative plan. It is a vote about The SPEAKER pro tempore. Pursu- Ashford Bera Bonamici what the House should be debating. ant to clause 8 and clause 9 of rule XX, Bass Beyer

VerDate Sep 11 2014 02:10 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K10FE7.033 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H676 CONGRESSIONAL RECORD — HOUSE February 10, 2016 Boyle, Brendan Green, Gene Nolan [Roll No. 66] DeSaulnier Langevin Price (NC) F. Grijalva Norcross Deutch Larsen (WA) Rangel Brady (PA) Gutie´rrez O’Rourke AYES—236 Dingell Larson (CT) Rice (NY) Brown (FL) Hahn Pallone Abraham Graves (MO) Pearce Doggett Lawrence Richmond Brownley (CA) Hastings Pascrell Aderholt Griffith Perry Doyle, Michael Lee Roybal-Allard Bustos Heck (WA) Payne Allen Grothman Pittenger F. Levin Ruiz Butterfield Higgins Pelosi Amash Guinta Pitts Edwards Lewis Ruppersberger Capps Himes Perlmutter Amodei Guthrie Poe (TX) Ellison Lieu, Ted Rush Capuano Hinojosa Peters Ashford Hardy Poliquin Engel Lipinski Ryan (OH) Ca´ rdenas Honda Pingree Babin Harper Pompeo Eshoo Loebsack Sa´ nchez, Linda Carney Hoyer Pocan Barletta Harris Posey Esty Lofgren T. Carson (IN) Huffman Polis Barr Hartzler Price, Tom Farr Lowenthal Sarbanes Cartwright Israel Price (NC) Barton Heck (NV) Ratcliffe Fattah Lowey Schakowsky Castor (FL) Jackson Lee Rangel Benishek Hensarling Reed Foster Lujan Grisham Schiff Chu, Judy Jeffries Rice (NY) Bilirakis Hice, Jody B. Reichert Frankel (FL) (NM) Schrader Cicilline Johnson (GA) Fudge Luja´ n, Ben Ray Richmond Bishop (MI) Hill Renacci Scott (VA) Clark (MA) Johnson, E. B. Gabbard (NM) Roybal-Allard Bishop (UT) Holding Ribble Scott, David Clarke (NY) Kaptur Gallego Lynch Ruiz Black Huelskamp Rice (SC) Serrano Clay Keating Garamendi Maloney, Ruppersberger Blackburn Hultgren Rigell Sewell (AL) Cleaver Kennedy Graham Carolyn Rush Blum Hunter Roby Sherman Clyburn Kildee Grayson Maloney, Sean Ryan (OH) Bost Hurd (TX) Roe (TN) Sires Cohen Kilmer Green, Al Matsui Sa´ nchez, Linda Boustany Hurt (VA) Rogers (AL) Connolly Kind Green, Gene McCollum Slaughter T. Brady (TX) Issa Rogers (KY) Conyers Kirkpatrick Grijalva McDermott Speier Sarbanes Brat Jenkins (KS) Rohrabacher Cooper Kuster Gutie´rrez McGovern Swalwell (CA) Schakowsky Bridenstine Jenkins (WV) Rokita Costa Langevin Hahn McNerney Takai Schiff Brooks (AL) Johnson (OH) Rooney (FL) Takano Courtney Larsen (WA) Brooks (IN) Johnson, Sam Hastings Meeks Schrader Ros-Lehtinen Thompson (CA) Crowley Larson (CT) Buchanan Jolly Roskam Heck (WA) Meng Scott (VA) Thompson (MS) Cuellar Lawrence Buck Jones Ross Higgins Moore Scott, David Titus Cummings Lee Bucshon Jordan Rouzer Himes Moulton Serrano Tonko Davis (CA) Levin Burgess Joyce Royce Hinojosa Murphy (FL) Sewell (AL) Torres Davis, Danny Lewis Byrne Katko Russell Honda Nadler Sherman Tsongas DeFazio Lieu, Ted Calvert Kelly (MS) Salmon Hoyer Napolitano Sinema Van Hollen DeGette Lipinski Carter (GA) Kelly (PA) Sanford Huffman Neal Sires Vargas Delaney Loebsack Carter (TX) King (IA) Scalise Israel Nolan DeLauro Lofgren Slaughter Jackson Lee Norcross Veasey Swalwell (CA) Chabot King (NY) Schweikert DelBene Lowenthal Chaffetz Kinzinger (IL) Scott, Austin Jeffries O’Rourke Vela Takai ´ DeSaulnier Lowey Clawson (FL) Kline Sensenbrenner Johnson (GA) Pallone Velazquez Takano Deutch Lujan Grisham Coffman Knight Sessions Johnson, E. B. Pascrell Visclosky Thompson (CA) Dingell (NM) Cole Labrador Shimkus Kaptur Payne Walz Thompson (MS) Doggett Luja´ n, Ben Ray Collins (GA) LaHood Shuster Keating Pelosi Wasserman Titus Doyle, Michael (NM) Collins (NY) Lamborn Simpson Kennedy Perlmutter Schultz Tonko F. Lynch Comstock Lance Sinema Kildee Peters Waters, Maxine Torres Edwards Maloney, Conaway Latta Smith (MO) Kilmer Peterson Watson Coleman Tsongas Ellison Carolyn Cook LoBiondo Smith (NE) Kind Pingree Welch Van Hollen Engel Maloney, Sean Costello (PA) Long Smith (NJ) Kirkpatrick Pocan Wilson (FL) Vargas Eshoo Matsui Cramer Loudermilk Smith (TX) Kuster Polis Yarmuth Esty McCollum Veasey Crawford Love Stefanik NOT VOTING—19 Farr McDermott Vela Crenshaw Lucas Stewart ´ Fattah McGovern Velazquez Culberson Luetkemeyer Stivers Aguilar Hanna Quigley Foster McNerney Visclosky Curbelo (FL) Lummis Stutzman Castro (TX) Herrera Beutler Rothfus Frankel (FL) Meeks Walz Davis, Rodney MacArthur Thompson (PA) DeLauro Hudson Sanchez, Loretta Fudge Meng Wasserman Denham Marchant Thornberry Duckworth Huizenga (MI) Smith (WA) Gabbard Moore Schultz Dent Marino Tiberi Fincher Kelly (IL) Westmoreland Gallego Moulton Waters, Maxine DeSantis Massie Tipton Gowdy LaMalfa Garamendi Murphy (FL) Watson Coleman DesJarlais McCarthy Trott Graves (GA) Mullin Graham Nadler Welch Diaz-Balart McCaul Turner ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Grayson Napolitano Wilson (FL) Dold McClintock Upton Green, Al Neal Yarmuth Donovan McHenry Valadao The SPEAKER pro tempore (during the vote). There are 2 minutes remain- NOT VOTING—16 Duffy McKinley Wagner Duncan (SC) McMorris Walberg ing. Castro (TX) Herrera Beutler Sanchez, Loretta Duncan (TN) Rodgers Walden Duckworth Hudson Smith (WA) Ellmers (NC) McSally Walker b 1440 Fincher Huizenga (MI) Speier Emmer (MN) Meadows Walorski So the resolution was agreed to. Gowdy Kelly (IL) Westmoreland Farenthold Meehan Walters, Mimi Graves (GA) Mullin Fitzpatrick Messer Weber (TX) The result of the vote was announced Hanna Quigley Fleischmann Mica Webster (FL) as above recorded. Fleming Miller (FL) Wenstrup A motion to reconsider was laid on ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Flores Miller (MI) Westerman the table. The SPEAKER pro tempore (during Forbes Moolenaar Whitfield Fortenberry Mooney (WV) Williams Stated for: the vote). There are 2 minutes remain- Foxx Mulvaney Wilson (SC) Mr. ROTHFUS. Mr. Speaker, on rollcall No. ing. Franks (AZ) Murphy (PA) Wittman 66, I was unavoidably detained. Had I been Frelinghuysen Neugebauer Womack present, I would have voted ‘‘yes.’’ Garrett Newhouse Woodall b 1434 Gibbs Noem Yoder f Gibson Nugent Yoho So the previous question was ordered. Gohmert Nunes Young (AK) SAFE DRINKING WATER ACT IM- The result of the vote was announced Goodlatte Olson Young (IA) PROVED COMPLIANCE AWARE- as above recorded. Gosar Palazzo Young (IN) NESS ACT Granger Palmer Zeldin The SPEAKER pro tempore. The Graves (LA) Paulsen Zinke The SPEAKER pro tempore. The un- question is on the resolution. finished business is the vote on the mo- The question was taken; and the NOES—178 tion to suspend the rules and pass the Speaker pro tempore announced that Adams Butterfield Cohen bill (H.R. 4470) to amend the Safe Bass Capps Connolly Drinking Water Act with respect to the the ayes appeared to have it. Beatty Capuano Conyers RECORDED VOTE Becerra Ca´ rdenas Cooper requirements related to lead in drink- Bera Carney Costa ing water, and for other purposes, as Mr. MCGOVERN. Mr. Speaker, I de- Beyer Carson (IN) Courtney amended, on which the yeas and nays mand a recorded vote. Bishop (GA) Cartwright Crowley were ordered. A recorded vote was ordered. Blumenauer Castor (FL) Cuellar Bonamici Chu, Judy Cummings The Clerk read the title of the bill. The SPEAKER pro tempore. This is a Boyle, Brendan Cicilline Davis (CA) The SPEAKER pro tempore. The 5-minute vote. F. Clark (MA) Davis, Danny question is on the motion offered by The vote was taken by electronic de- Brady (PA) Clarke (NY) DeFazio the gentleman from Michigan (Mr. Brown (FL) Clay DeGette vice, and there were—ayes 236, noes 178, Brownley (CA) Cleaver Delaney UPTON) that the House suspend the not voting 19, as follows: Bustos Clyburn DelBene rules and pass the bill, as amended.

VerDate Sep 11 2014 02:10 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A10FE7.007 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE February 10, 2016 CONGRESSIONAL RECORD — HOUSE H677 This is a 5-minute vote. Murphy (PA) Rooney (FL) Thompson (PA) on the Rule providing for consideration of both Nadler Ros-Lehtinen Thornberry The vote was taken by electronic de- Napolitano Roskam Tiberi H.R. 3293 and H.R. 3442. I am not recorded vice, and there were—yeas 416, nays 2, Neal Ross Tipton because I was absent due to the birth of my not voting 15, as follows: Neugebauer Rothfus Titus son in San Antonio, Texas. Had I been Newhouse Rouzer Tonko present, I would have voted ‘‘nay.’’ [Roll No. 67] Noem Roybal-Allard Torres Mr. Speaker, my vote was not recorded on YEAS—416 Nolan Royce Trott Norcross Ruiz rollcall No. 66 on H. Res. 609—Rule Providing Abraham DeFazio Jeffries Tsongas Nugent Ruppersberger Turner for consideration of both H.R. 3293—Scientific Adams DeGette Jenkins (KS) Nunes Rush Upton Aderholt Delaney Jenkins (WV) O’Rourke Russell Research in the National Interest Act and H.R. Valadao Aguilar DeLauro Johnson (GA) Olson Ryan (OH) 3442—Debt Management and Fiscal Respon- Van Hollen Allen DelBene Johnson (OH) Palazzo Salmon sibility Act. I am not recorded because I was Amash Denham Johnson, E. B. Vargas Pallone Sa´ nchez, Linda absent due to the birth of my son in San Anto- Amodei Dent Johnson, Sam Palmer T. Veasey Ashford DeSantis Jolly Pascrell Sanford Vela nio, Texas. Had I been present, I would have Babin DeSaulnier Jones Paulsen Sarbanes Vela´ zquez voted ‘‘nay.’’ Barletta DesJarlais Jordan Payne Scalise Visclosky Mr. Speaker, my vote was not recorded on Barr Deutch Joyce Pearce Schakowsky Wagner Barton Diaz-Balart Kaptur Pelosi Schiff Walberg rollcall No. 67 on H.R. 4470—Safe Drinking Bass Dingell Katko Perlmutter Schrader Walden Water Act Improved Compliance Awareness Beatty Doggett Keating Perry Schweikert Walker Act. I am not recorded because I was absent Becerra Dold Kelly (MS) Peters Scott (VA) Walorski due to the birth of my son in San Antonio, Benishek Donovan Kelly (PA) Peterson Scott, Austin Walters, Mimi Bera Doyle, Michael Kennedy Pingree Scott, David Walz Texas. Had I been present, I would have Beyer F. Kildee Pittenger Sensenbrenner Wasserman voted ‘‘aye.’’ Bilirakis Duffy Kilmer Pitts Serrano Schultz Bishop (GA) Duncan (SC) Kind Pocan Sessions Waters, Maxine Bishop (MI) Duncan (TN) King (IA) f Poe (TX) Sewell (AL) Watson Coleman Bishop (UT) Edwards King (NY) Poliquin Sherman Weber (TX) Black Ellison Kinzinger (IL) SCIENTIFIC RESEARCH IN THE Polis Shimkus Webster (FL) Blackburn Ellmers (NC) Kirkpatrick Pompeo Shuster NATIONAL INTEREST ACT Blum Emmer (MN) Kline Welch Posey Simpson Wenstrup Blumenauer Engel Knight Price (NC) Sinema GENERAL LEAVE Bonamici Eshoo Kuster Westerman Price, Tom Sires Whitfield Mr. SMITH of Texas. Mr. Speaker, I Bost Esty Labrador Rangel Slaughter Williams ask unanimous consent that all Mem- Boustany Farenthold LaHood Ratcliffe Smith (MO) Wilson (FL) Boyle, Brendan Farr LaMalfa Reed Smith (NE) bers may have 5 legislative days in Wilson (SC) F. Fattah Lamborn Reichert Smith (NJ) which to revise and extend their re- Wittman Brady (PA) Fitzpatrick Lance Renacci Smith (TX) marks and to include extraneous mate- Brady (TX) Fleischmann Langevin Ribble Speier Womack Brat Fleming Larsen (WA) Rice (NY) Stefanik Woodall rial on the bill, H.R. 3293. Bridenstine Flores Larson (CT) Rice (SC) Stewart Yarmuth The SPEAKER pro tempore. Is there Brooks (AL) Forbes Latta Richmond Stivers Yoder objection to the request of the gen- Brooks (IN) Fortenberry Lawrence Yoho Rigell Stutzman tleman from Texas? Brown (FL) Foster Lee Roby Swalwell (CA) Young (AK) Brownley (CA) Foxx Levin Roe (TN) Takai Young (IA) There was no objection. Buchanan Frankel (FL) Lewis Rogers (AL) Takano Young (IN) The SPEAKER pro tempore. Pursu- Buck Franks (AZ) Lieu, Ted Rogers (KY) Thompson (CA) Zeldin ant to House Resolution 609 and rule Bucshon Frelinghuysen Lipinski Rohrabacher Thompson (MS) Zinke Burgess Fudge LoBiondo XVIII, the Chair declares the House in Bustos Gabbard Loebsack NAYS—2 the Committee of the Whole House on Butterfield Gallego Lofgren Massie Rokita the state of the Union for the consider- Byrne Garamendi Long Calvert Garrett Loudermilk NOT VOTING—15 ation of the bill, H.R. 3293. Capps Gibbs Love Castro (TX) Hanna Mullin The Chair appoints the gentleman Capuano Gibson Lowenthal Duckworth Herrera Beutler Quigley from Illinois (Mr. RODNEY DAVIS) to ´ Cardenas Gohmert Lowey Fincher Hudson Sanchez, Loretta Carney Goodlatte Lucas preside over the Committee of the Gowdy Huizenga (MI) Smith (WA) Whole. Carson (IN) Gosar Luetkemeyer Graves (GA) Kelly (IL) Westmoreland Carter (GA) Graham Lujan Grisham Carter (TX) Granger (NM) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE b 1448 Cartwright Graves (LA) Luja´ n, Ben Ray The SPEAKER pro tempore (during Castor (FL) Graves (MO) (NM) IN THE COMMITTEE OF THE WHOLE Chabot Grayson Lummis the vote). There are 2 minutes remain- Chaffetz Green, Al Lynch ing. Accordingly, the House resolved Chu, Judy Green, Gene MacArthur itself into the Committee of the Whole Cicilline Griffith Maloney, b 1447 House on the state of the Union for the Clark (MA) Grijalva Carolyn So (two-thirds being in the affirma- consideration of the bill (H.R. 3293) to Clarke (NY) Grothman Maloney, Sean Clawson (FL) Guinta Marchant tive) the rules were suspended and the provide for greater accountability in Clay Guthrie Marino bill, as amended, was passed. Federal funding for scientific research, Cleaver Gutie´rrez Matsui The result of the vote was announced to promote the progress of science in Clyburn Hahn McCarthy as above recorded. Coffman Hardy McCaul the United States that serves that na- Cohen Harper McClintock A motion to reconsider was laid on tional interest, with Mr. RODNEY DAVIS Cole Harris McCollum the table. of Illinois in the chair. Collins (GA) Hartzler McDermott Stated for: The Clerk read the title of the bill. Collins (NY) Hastings McGovern Mr. HANNA. Mr. Speaker, on rollcall No. 67 Comstock Heck (NV) McHenry The CHAIR. Pursuant to the rule, the Conaway Heck (WA) McKinley on H.R. 4470, I am not recorded because I bill is considered read the first time. Connolly Hensarling McMorris was absent for personal reasons. Had I been General debate shall not exceed 1 Conyers Hice, Jody B. Rodgers present, I would have voted ‘‘aye.’’ Cook Higgins McNerney hour equally divided and controlled by Cooper Hill McSally PERSONAL EXPLANATION the chair and ranking minority mem- Costa Himes Meadows Mr. GRAVES of Georgia. Mr. Speaker, I ber of the Committee on Science, Costello (PA) Hinojosa Meehan was absent today to attend the funeral of a Space, and Technology. Courtney Holding Meeks Cramer Honda Meng family member. The gentleman from Texas (Mr. Crawford Hoyer Messer Had I been present, on rollcall No. 65, I SMITH) and the gentlewoman from Crenshaw Huelskamp Mica would have voted ‘‘yes,’’ on rollcall No. 66, I Texas (Ms. EDDIE BERNICE JOHNSON) Crowley Huffman Miller (FL) would have voted ‘‘yes,’’ and on rollcall No. Cuellar Hultgren Miller (MI) each will control 30 minutes. Culberson Hunter Moolenaar 67, I would have voted ‘‘yes.’’ The Chair recognizes the gentleman Cummings Hurd (TX) Mooney (WV) PERSONAL EXPLANATION from Texas. Curbelo (FL) Hurt (VA) Moore Mr. CASTRO of Texas. Mr. Speaker, my Mr. SMITH of Texas. Mr. Chairman, I Davis (CA) Israel Moulton Davis, Danny Issa Mulvaney vote was not recorded on rollcall No. 65 on yield myself such time as I may con- Davis, Rodney Jackson Lee Murphy (FL) the Motion on Ordering the Previous Question sume.

VerDate Sep 11 2014 03:42 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K10FE7.039 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H678 CONGRESSIONAL RECORD — HOUSE February 10, 2016 H.R. 3293, the Scientific Research in Both the National Science Founda- Shouldn’t NSF research be in the na- the National Interest Act, is a bipar- tion director and the National Science tional interest? That is a very good tisan bill that ensures the grant proc- Board have endorsed the principle that question, but one that can be easily an- ess at the National Science Foundation NSF should be more accountable in its swered. is transparent and accountable to the grant funding decisions. My answer is that NSF research is al- American people. To NSF Director France Cordova’s ready in the national interest. It has America’s future economic growth credit, the NSF began to implement been for more than 60 years. and national security depend on inno- new internal policies last year that ac- The Federal investment in basic re- vation. Public and private investments knowledge the need for NSF to commu- search over the past 60 years has been in research and development fuel the nicate clearly and in nontechnical the primary driver of our Nation’s eco- economy, create jobs, and lead to new terms the research projects it funds nomic growth and innovation. In innu- technologies that benefit Americans’ and how they are in the national inter- merable ways, our investments in basic daily lives. est. research have paid back a wealth of Unfortunately, in recent years, the Opponents of this bill must think dividends. Federal Government has awarded too they know better than the NSF direc- This fact is widely recognized across many grants that few Americans would tor. Director Cordova testified before academia and industry. The National consider to be in the national interest. the House Science, Space, and Tech- Academies’ ‘‘Rising Above the Gath- For example, the National Science nology Committee that the policy in ering Storm’’ report made this point a Foundation awarded $700,000 of tax- H.R. 3293 is compatible with the NSF’s decade ago. That panel, chaired by the payer money to support a climate internal guidelines. This legislation former head of Lockheed-Martin, un- change-themed musical that quickly makes that commitment clear, ex- derstood that investment in basic re- closed and almost $1 million for a so- plicit, and permanent. search was fundamentally in the na- cial media project that targeted Amer- Today, the NSF funds only one out of tional interest. icans’ online political speech. five proposals submitted by our sci- When we passed the America COM- A few other examples of questionable entists and research institutions. PETES Reauthorization Act of 2010 as grants include: $487,000 to study the How do we assure hardworking Amer- part of the Democrats’ innovation Icelandic textile industry during the ican families that their tax dollars are agenda, that bill was endorsed by hun- Viking era; $340,000 to study early spent only on high priority research dreds of business and research organi- human-set fires in New Zealand; when we spend $700,000 of their money zations, including the U.S. Chamber of $233,000 to study ancient Mayan archi- on a short-lived climate change- Commerce and the National Associa- tecture and their salt industry; and themed musical? It is not Congress’ tion of Manufacturers. They all under- $220,000 to study animal photos in Na- money, it is the taxpayers’. stood that investment in basic research tional Geographic magazine. How could elected representatives is in the national interest. When the NSF funds such projects as not agree that we owe it to American What is this bill really about? Is it these, there is less money to support taxpayers and the scientific commu- really about enhancing our Nation’s worthwhile scientific research that nity to ensure that every grant funded ability to innovate? No. Sadly, this bill keeps our country on the forefront of is worthy and in the national interest? continues the Republican majority’s innovation. Such areas include: com- With a national debt that now ex- preoccupation with second-guessing puter science, advanced materials, la- ceeds $19 trillion and continues to America’s best and brightest research sers, telecommunications, information climbs by hundreds of billions of dol- scientists. technology, development of new medi- lars each year, we cannot fund every For the past 3 years, the Committee cines, nanotechnology, cybersecurity, worthy proposal, much less frivolous on Science, Space, and Technology ma- and dozens of others that hold the ones like a climate change musical. jority has been engaged in a relentless greatest promise of revolutionary sci- The legislation before us reaffirms in and pernicious campaign against re- entific breakthroughs. These sectors law that every NSF grant must support search grants with silly or odd sound- can create millions of new jobs and research that is demonstrably in the ing titles. transform society in positive ways. national interest. Republicans have used that time to NSF invests about $6 billion a year of Scientists still make the decisions. carry out an unprecedented rifling taxpayer funds on research projects They just do not get a blank check through the 70 NSF grants reviews. and related activities. signed by the taxpayer. They need to After all this effort, did they find any The 1950 enabling legislation that be accountable to the American people evidence of wrongdoing? No. The only created the NSF set forth the Founda- by showing their proposals are, in fact, thing they found was what they al- tion’s mission and cited the ‘‘national in the national interest. ready knew: each of the research interest’’ as the foundation for public H.R. 3293 passed the House Science, grants had passed NSF’s merit review support and dissemination of basic sci- Space, and Technology Committee in process with flying colors. entific research. October by a voice vote. The majority may not like it and The Science in the National Interest Congress has a responsibility to en- wish the results were different, but Act reaffirms and restores this crucial sure that taxpayer dollars are spent those are the facts. Let me be clear. mission. This will add transparency, wisely and are focused on national pri- Some of the greatest scientific achieve- accountability, and credibility to the orities. This bill is an essential step to ments of the past 60 years were the re- NSF and its grant process. restore and maintain taxpayer support sult of funny sounding research, in- H.R. 3293 requires NSF grants to for basic scientific research. cluding research that was ridiculed in meet at least one of seven criteria that I encourage my colleagues to support Congress as frivolous. demonstrates it is in the national in- this bill. There are scores of examples. One of terest. These seven criteria are: in- I reserve the balance of my time. my favorites is ‘‘The Sex Life of the creased economic competitiveness in Ms. EDDIE BERNICE JOHNSON of Screwworm,’’ surely one of the silliest the United States; advancement of the Texas. Mr. Chairman, I yield myself sounding titles for research there could health and welfare of the American such time as I may consume. possibly be. So silly, in fact, that in public; development of an American I rise in strong opposition to H.R. the 1970s, the grant was ridiculed as an STEM workforce that is globally com- 3293, the Scientific Research in the Na- example of government waste on the petitive; increased public scientific lit- tional Interest Act. Senate floor. Sounds a lot like what eracy and public engagement with I oppose this bill because I believe the majority is doing here today. science and technology in the United that this bill will hurt the Nation’s It turned out that the screwworm States; increased partnerships between premier basic research agency, lead to was costing the U.S. cattle industry a academia and industry in the United less high reward research, and, ulti- small fortune. As a direct result of this States; support for the national defense mately, leave America less competi- silly sounding research, the cattle in- of the United States; and promotion of tive. dustry saved approximately $20 billion the progress of science in the United My Republican colleagues have a in the U.S. and significantly reduced States. simple argument for their legislation: the cost of beef to U.S. consumers.

VerDate Sep 11 2014 02:10 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K10FE7.041 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE February 10, 2016 CONGRESSIONAL RECORD — HOUSE H679 b 1500 Mr. Chairman, I rise today in support do all sorts of things that, to a At its core, this bill is about second- of H.R. 3293, Scientific Research in the layperson, may not be very obvious. guessing our Nation’s best and bright- National Interest Act. Because I am not a scientist and be- est scientists and the grant-making de- The NSF invests about $6 billion of cause most people are not scientists, I cisions they make. public funds each year on research think that is perfectly fine, that we Perhaps this is not surprising when projects and related activities. It is the don’t have all sorts of redundant so many of my Republican colleagues only Federal agency that is dedicated writings that explain what an experi- openly question the validity of whole to the support of fundamental research ment does. Let me give you one exam- fields of established science, from the and education in all scientific and en- ple that is on the NSF’s Web site. One of the grants is to study funny- social sciences to climate science to gineering disciplines. looking colored clay in France, blue- evolutionary biology. Since its creation in 1950, the NSF Far from adding anything useful to has served a mission that helps make green clay in another country. It the NSF’s review process, H.R. 3293 the United States a world leader in sounds like a really silly grant, doesn’t would add more bureaucracy and pa- science and innovation. In recent it? It turns out that, when they looked perwork. Yet, my biggest concern years, however, the NSF has seemed to at it, there were properties in this about these requirements is that they stray away from its created purpose blue-green clay in France that kill bac- will push NSF reviewers to fund less and has funded a number of grants that few Americans would consider in the teria, anti-bacterial properties that high-risk research, which, by its very can help deal with MRSA, that can nature, entails the pursuit of scientific national interest. H.R. 3293 seeks to restore the NSF’s help deal with superbugs. This can be a understanding without it necessarily groundbreaking grant, a having any particular or known ben- critical mission by requiring the NSF to explain in writing and in non-tech- groundbreaking discovery, but under efit. We know that high-risk research this bill, it might have problems being tends to have the highest reward, nical language how each research grant awarded supports the national interest funded. something that we have seen through- Ultimately, what this is really about and is worthy of Federal funding. out the history of the NSF. and what I have learned now in Con- I am not alone in my concerns. The Now, think about that for a moment: not just explaining it in scientific gress is that often we are very arro- President’s science adviser, Dr. John gant. We do not trust scientists. We do Holdren, noted: terms that the fellow scientific community can understand, but also in not trust the people in America. H.R. 3293 would create doubt at NSF and in This is an arrogant bill that sort of terms that taxpayers can understand. the research community about Congress’ says we know best, not the scientists In a time of distrust and suspicion of real intent in calling into question the ade- who are doing peer reviews of what quacy of NSF’s gold standard merit-review the Federal Government and of all in- grants to fund, and that we know process for applied as well as for basic re- stitutions, that is a very important which experiment might do exactly search. key point, being able to explain to the what. This could easily have a chilling effect on folks back home why it matters. the amount of basic research that scientists It turns out, in science, lots of times The bill also sets forth that NSF propose and that NSF chooses to fund, with scientists study one area and get a grants should meet one of seven cri- detrimental consequences for this Nation’s completely different, amazing dis- teria that demonstrates the grant is in leadership in science, technology, and inno- covery in a totally unrelated area. We the national interest. vation alike. need to fund basic science. We need to Today, as was noted by the chair- Mr. Chair, I choose to stand with the take our hands off this. We need to man, the NSF is able to fund only one scientists when it comes to science. trust scientists and trust the people in out of every five proposals. This is a For that reason, I strongly oppose this America. legislation. critical bill to restore faith in the proc- Do not pass this bill. We are not that I reserve the balance of my time. ess. We need to pass this. arrogant. We should not determine Ms. EDDIE BERNICE JOHNSON of Mr. SMITH of Texas. Mr. Chairman, I what scientists are to be doing and Texas. Mr. Chair, I yield 3 minutes to yield myself 30 seconds. that we know better than they do, be- the gentleman from California (Mr. I say to the gentlewoman from Texas cause we do not. I ask for opposition to TED IEU that her objections are simply too late. L ). this bill. They are too late because the Director Mr. TED LIEU of California. Mr. Mr. SMITH of Texas. Mr. Chairman, I of the National Science Foundation has Chair, I rise to oppose this bill. yield myself 30 seconds. already incorporated the national in- America is an exceptional nation. I really wish the people who say they terest standard into the current guide- One of the reasons we are the best oppose this bill would actually read the lines that are being used at the Na- country in the world is that we believe bill. It is only three pages long. They tional Science Foundation. We are al- in science and we believe in innova- can probably read it in 3 minutes. Let ready using that, and the bill makes tion. Our country has always believed me read the last sentence of the bill them permanent. in physics and in chemistry, and we itself. I do like the gentlewoman’s example trust scientists. ‘‘Nothing in this section shall be con- of a screwworm because that is a rea- The National Science Foundation has strued as altering the Foundation’s in- son to vote for the bill and not to op- helped this country grow in terms of tellectual merit or broader impacts cri- pose the bill. One of the requirements innovation and in terms of amazing teria for evaluating grant applica- in the bill is that these grants be ex- scientific discoveries. It is not broken. tions.’’ plained in plain English so that we So why are we trying to meddle with Despite what just might have been know their connection to the national what the scientists have done? told, we don’t interfere with the merit- interest. Clearly, there would be no The chairman mentioned some exam- review process whatsoever. problem in explaining why the example ples of grants that sounded sort of The other thing is, when you come up she gave is connected to the national funny. I understand that most of the with an example, as the gentleman just interest. Republican legislators do not believe in gave, it is clearly in the national inter- In a few minutes, I will give just a climate change, but the overwhelming est. All we are asking is that the expla- few more examples of how taxpayers’ majority of scientists do, as does the nation show why it is in the national money is currently being used and U.S. military, as does ExxonMobil interest. should not be used. today. Mr. Chairman, I yield 2 minutes to Mr. Chairman, I yield 2 minutes to One of the grants had to do with how the gentleman from Georgia (Mr. the gentleman from Oklahoma (Mr. people learn about climate change. LOUDERMILK), who is the chairman of LUCAS), who is the vice chairman of the That is vitally important because cli- the Oversight Subcommittee of the Science, Space, and Technology Com- mate change is going to affect our chil- Science, Space, and Technology Com- mittee. dren and our grandchildren. mittee. Mr. LUCAS. I thank Chairman SMITH It is true that some of these grants Mr. LOUDERMILK. I thank the gen- for the time. sound funny. That is because scientists tleman from Texas, the chairman, for

VerDate Sep 11 2014 02:10 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K10FE7.043 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H680 CONGRESSIONAL RECORD — HOUSE February 10, 2016 yielding this time and for his leader- technologies and an incredible oppor- I urge my colleagues to oppose this ship on this issue. tunity for students to engage in real- legislation. Mr. Chairman, last month the Con- world engineering challenges. b 1515 gressional Budget Office released an My colleagues frequently talk up the updated deficit projection for fiscal importance of STEM competitions. The Mr. SMITH of Texas. Mr. Chairman, I year 2016. The CBO now expects that Science, Space, and Technology Com- yield myself 30 seconds. our deficit will be $544 billion this year, mittee has held entire full committee Here are some more reasons why we which is an increase from the original hearings on that very topic. Now some need this bill, and these are some more projection of $414 billion. of my same colleagues would ridicule examples of how taxpayers’ dollars Now, more than ever, Congress needs an engineering competition just be- have been spent: $200,000 to tour Europe to work diligently to reduce spending cause it might have a climate change for an overview of the Turkish fashion and balance the Federal budget. How- benefit. veil industry; $1.5 million to study pas- ever, it is equally important for us to I hope all of my colleagues here ture management in Mongolia; $735,000 make sure that every taxpayer dollar today agree with me that encouraging for the American Bar Association to that is spent is used responsibly. and, certainly, promoting our next gen- follow young lawyers’ careers; $920,000 That is why I am an original cospon- eration of engineers is definitely in the to study textile making in Iceland dur- sor of the Scientific Research in the national interest, even when it results ing the Viking era; $164,000 to study National Interest Act. It will help en- in less pollution. Chinese immigration to Italy in 1900. sure that the National Science Founda- This grant, singled out for ridicule by There are dozens and dozens of more tion, one of our Nation’s most critical some in the majority, is just another examples. research agencies, is using its funding example of why we should be concerned Mr. Chairman, I yield 4 minutes to in the most beneficial way possible. about the intent of this legislation. the gentleman from Texas (Mr. WEBER) This bill requires the NSF to explain I would also like to point out that I who is the chairman of the Energy how each of its grants further Amer- strongly believe that the current gold Subcommittee of the Science, Space, ica’s best interests. This could be done standard merit-review process works and Technology Committee. through advancing STEM education, and that we should not be politicizing Mr. WEBER of Texas. Mr. Chairman, national defense, economic competi- science. I rise in support of Chairman SMITH’s tiveness, public health, or other key The sheer number of amendments to bill, H.R. 3293. At a time when budget priorities. this legislation demonstrates the constraints and the deficit loom large By requiring the NSF to justify its flawed methodology of trying to define and ominous, why in the world would research, this bill will help crack down which research is in the national inter- anyone object to more transparency on frivolous government programs. est. and accountability? Can anyone ex- And, yes, Mr. Chairman, there are friv- I think all of the Members who of- plain that to me? I didn’t think so. Here is how some of our hardworking olous government programs. fered amendments to this section For example, the NSF is currently would agree that important priorities taxpayer money is being spent. Mr. Chairman, I have a list of 41 spending $374,000 of taxpayer money on have been left out. Personally, I be- studies and programs that, if taxpayers a study of the ups and downs of senior lieve we have unacceptably overlooked knew, they would rise up and revolt. citizens’ dating experiences. While we clean drinking water and climate Some of the more notable are: all want, I am sure, Americans to enjoy change. $227,000 to review animal photos in Na- their romantic lives throughout the I offered an amendment with Con- tional Geographic magazine. (what baboon year, we cannot afford this type of gressman KILDEE that would expand thought that up?) the priority of advancement of health wasteful taxpayer spending when we $350,000 to study human-set fires in New and welfare to include clean drinking have a $19 trillion debt. Zealand in the 1800s. (the main ‘‘human set water explicitly. Unfortunately, this This commonsense legislation will fire’’ here is our taxpayer dollars being burned) ensure that NSF research is well di- amendment was not made in order. $200,000 to tour Europe for an overview of As we have seen in the news recently rected and that it will help prevent val- the Turkish fashion-veil industry. (I am re- out of Flint, Michigan, we have taken uable taxpayer dollars from being minded that fashion is a form of ugliness so our drinking water infrastructure for wasted. bad, it has to be changed about every 6 granted for decades. This neglect and I urge my colleagues to support this months!) bill. lack of investment has caused serious $735,000 for the American Bar Association Ms. EDDIE BERNICE JOHNSON of public health issues. to follow young lawyers’ careers (3 awards). Texas. Mr. Chair, I yield 4 minutes to We need to invest more, but we $920,000 to study textile-making in Iceland the gentleman from New York (Mr. should not invest in a 20th or, in some during the Viking era (2 awards). TONKO). cases, in a 19th century drinking water $50,000 to support STEM education in Sri Mr. TONKO. I thank the gentle- system. Lanka. woman from Texas for yielding. A 21st century economy requires a $164,000 to study Chinese immigration to Mr. Chair, I oppose this bill, which 21st century infrastructure, but that Italy (1900 to present). represents an effort by politicians to cannot happen unless it is coupled with $20,000 to study stress among people from overrule expert scientists in deciding the critical research that will help us lowland Bolivia (one of 12 awards). which scientific grants the NSF should improve the construction, the oper- $147,000 to analyze fishing practices at fund. ation, and the maintenance of our Lake Victoria, Africa. (Heck: all you gotta do is In defense of their misguided effort, water systems. Our Nation’s future come down to my district in Galveston TX and some of my colleagues like to pick a public health and economic develop- we’ll show you how to analyze fishing prac- grant and poke fun at it or trivialize it ment are counting on it. tices for a lot less and you can spend that or simply state that, in their opinion, Clean drinking water is one of many money in our country!) it is not worth funding. important priorities not listed in this $147,000 to study international marriages One of the grants that has been sin- legislation. However, beyond missing between citizens of France and Madagascar. gled out is entitled Participant Sup- important priorities, I am concerned $50,000 to study civil lawsuits in colonial port for the Zero Emissions Category that this legislation will limit critical Peru (1600–1700 AD). of the Clean Snowmobile Challenge. research. $250,000 to survey public attitudes about Snowmobiles are ideal modes of The exciting part of research is that, the Senate filibuster rule. transportation in extreme polar loca- at the start, we do not know what we $300,000 to study law firms in Silicon Val- tions. This grant funded the Clean will find; so, we cannot accurately pre- ley. Snowmobile Challenge in which stu- dict ahead of time all of the implica- $170,000 to study basket weaving among dents formed teams to engineer a lower tions the research will have on specific Alaskan native peoples (2 awards). Perhaps emissions snowmobile. national priorities. Instead, we should that’s what folks think Congress is majoring in. Engineering competitions are both invest and encourage high-risk, high- $276,000 to study the pre-history of an important proving ground for new reward research. Chiapas, Mexico.

VerDate Sep 11 2014 03:30 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00028 Fmt 4634 Sfmt 9920 E:\CR\FM\K10FE7.044 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE February 10, 2016 CONGRESSIONAL RECORD — HOUSE H681 $246,000 to study migration and adoption and analyze that, and you can spend the time: Would Einstein’s 1905 papers between Peru and Spain. money in our country. on special relativity, on the photo- $134,000 to study Late Bronze Age metal- $170,000 to study basket weaving electric effect, and on Brownian mo- lurgy in the Southern Urals, Russia. among Alaskan Native peoples. Is it tion even qualify under the seven defi- $195,000 to contrast the histories of Pata- any wonder that most of Americans nitions? How about Niels Bohr’s re- gonian and Amazonian national parks. think Congress must major in basket search on quantum mechanics? How $281,000 to analyze the history of Izapa, weaving? about Murray Gell-Mans’ work on par- Mexico. These are just some of the more no- ticle physics in quarks? How about $136,000 to study life/history transitions table ones, Mr. Chairman. I could go on Rosalind Franklin’s work on the crys- among indigenous people of northern Argen- through the 41 on the list. For exam- tallography of DNA? tina. ple, $330,000 to study the careers of 2,500 My college roommate spent 4 years $27,000 to study Mayan wooden architec- new lawyers in Russia. It is not that we at Berkeley, 1972 to 1976, studying ture and salt industry (600–900 AD). don’t have enough lawyers over here in something called Roman spectroscopy. $92,000 to study Mexico’s public vehicle America; now we are concerned about He had no idea what it would do. Today registration system. the ones in Russia. we call them MRIs. $373,000 to study Chinese kinship, wom- I could go on and on, Mr. Chairman. That is the whole point of basic re- en’s labor and economy (1600–2000 AD). I just want to simply say, I urge my search. We don’t know where it will $152,000 to analyze accountability and colleagues to support transparency and lead. We don’t know that it is in the transparency in China’s dairy industry. accountability on behalf of our con- national interest. It just adds to our $300,000 to study Cyprus during the Bronze stituents and taxpayers. After all, they knowledge. Age (2 awards). are paying the freight for this stuff. On the Science, Space, and Tech- $226,000 to study cultural dynamics in west- Shouldn’t we be open and accountable nology Committee, we reveled in the ern Turkey. to them? NASA presentation of the Pluto photo- $119,000 to coordinate an international ar- I commend Chairman SMITH for his graphs. How does our New Horizons cheological project in the S. American Andes. bill and for putting hardworking tax- mission to Pluto possibly qualify under $300,000 to produce an experimental dance paying Americans first. the seven definitions of the national in- Ms. EDDIE BERNICE JOHNSON of program about nature and physics. terest? $516,000 to help amateurs create a video Texas. Mr. Chairman, I yield 3 minutes I respect that the chair of the game—‘‘Relive Prom Night.’’ to the gentleman from Virginia (Mr. Science, Space, and Technology Com- $200,000 to devise social media algorithms BEYER). mittee wants the NSF funds expended Mr. BEYER. Mr. Chair, I rise to voice for ‘‘Truthy.com,’’ a website aimed at cen- into legitimate scientific research. I my strong opposition to H.R. 3293, the soring political speech by Tea Party members, agree. Mr. SMITH used the phrase ‘‘de- legislation of my friend, Chairman monstrably in the national interest.’’ conservatives, etc. LAMAR SMITH, the so-called Scientific How could we definitely know, when all $605,000 to travel and study why people Research in the National Interest Act. of basic research is, by definition, long around the world cheat on their taxes. I understand the genesis of this bill: term rather than short term? $193,000 to study human fish consumption Mr. SMITH’s dismay at some of the ti- Let’s let the scientists decide and opin Tanzania (300–1500 AD). tles of the National Science Founda- pose this well-meaning but ill-con- $221,000 to study use of ochre pigment for tion’s funded research. ceived legislation. painting in Stone Age Kenya. This bill is the wrong approach to ad- Mr. SMITH of Texas. Mr. Chairman, I $101,000 to pay for American psychologists dressing the very occasional misuse of yield myself 30 seconds. to international conferences. NSF grants, and it represents classic To those who are on the other side, I $250,000 to educate local TV meteorolo- short-term thinking. really again encourage them to read gists about climate change (2 awards). I am a businessman, and I know of no the bill. It is three pages long. There is $38,000 to consider whether livestock one in the business community who nothing in the bill that says we are herding families in rural, undeveloped areas wants politicians or government to de- going to tell the scientists what to do have more children in response to herd cide business winners or losers. or think. It is very clear, in the exam- growth, or if increased family size drives herd Of course, none of us, Democrat or ples that the gentleman just gave, that growth. Republican, believe that politicians all of those are connected to the na- $193,000 to study human fish consumption should be making science decisions ei- tional interest. If a scientist can’t ex- in Tanzania (1300–1500 AD). ther. I believe Representative BILL plain that, then there are greater prob- $38,000 to study prehistoric rabbit hunting FOSTER is the only Ph.D. scientist in lems than we might expect. on the Iberian Peninsula. the House, and the rest of us don’t The other point is, to repeat what I $1.8 million to study the potential of com- qualify. said a while ago, if you oppose the na- mercial fish farming at Lake Victoria, Africa. By proclaiming the seven definitions tional interest standard, you are too $330,000 to study the careers of 2,500 new of what science is in the national inter- late. The National Science Foundation lawyers in Russia. est, we politicians are, in fact, deciding Director has incorporated the national $1.5 million to study pasture management in what is worthy of scientific research. interest standard in the current guide- Mongolia. By the way, no one on this side yet has lines. If you want to oppose the bill be- Mr. Chairman, some of the more no- raised any objections to the trans- cause you don’t want to make the table are: parency or the accountability of the standard permanent, that is your pre- $227,000 to review animal photos in National Science Foundation. That rogative, but don’t oppose the national National Geographic magazine. What completely mischaracterizes our objec- interest standard that is in the current baboon thought that up? tions. guidelines. $350,000 to study human-set fires in These standards sound constructive Mr. Chairman, I yield 5 minutes to New Zealand in the 1800s. The only and benign—increased economic activ- the gentleman from Illinois (Mr. LIPIN- thing being set on fire here is tax- ity, advancement of health and wel- SKI), who is an original cosponsor of payers’ dollars. fare, support for the national defense, this legislation. $200,000 to tour Europe for an over- et cetera—but only one of the seven Mr. LIPINSKI. Mr. Chairman, I want view of the Turkish fashion veil indus- definitions even mentions science. The to start where we all have agreement. try. I am reminded what a friend of last one says for the ‘‘promotion of the I think everyone would acknowledge mine says. He says fashion is a form of progress of science for the United that they want research funded by the ugliness so bad that we have to change States,’’ whatever that means. NSF to be in the Nation’s interest. We it every 6 months, and yet we want to Where, oh, where is the commitment agree the Nation’s interest is furthered study it over in another country. to basic research, the kind of funda- by promoting scientific progress. That $147,000 to analyze fishing practices mental research that I know all of us is certainly one of the principal rea- at Lake Victoria, Africa. Heck, folks, if value? sons that I have served on the Science, y’all come on down to Galveston, Listen to all the funny names that Space, and Technology Committee for Texas, we will show y’all how to fish would have sounded especially funny at 12 years.

VerDate Sep 11 2014 03:30 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\A10FE7.022 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H682 CONGRESSIONAL RECORD — HOUSE February 10, 2016 We also have some disagreements. I grated and ‘universal’ library, proving than 40 percent of the forests in just have respectfully disagreed with the uniform access to the large number of decades. By studying the long-term ef- chairman over his criticisms of some emerging networked information fect on the ecosystem impacts of those NSF grants. At a hearing in November sources and collections.’’ Even putting long-ago fires, we can gain knowledge of 2013, I spoke out strongly against a aside the emerging collections on the to help natural resource managers very different NSF bill, and I believe Web that could be impacted, that grant make smarter decisions about how to some people are confusing that bill clearly seemed to have the potential to mitigate, prepare for, and respond to with this bill that we have here today. promote the progress of computer massive wildfires in our own country. If you read this bill’s text, I don’t be- science and be worthy of Federal fund- It is right in the public interest. lieve you can find anything that could ing and, thus, would have been funded Just to put an economic figure to undermine the merit review process at under the provisions of this bill. this, in 2012, the United States spent $2 the NSF. In fact, I think this bill will Indeed, the debate around this bill billion to suppress over 65,000 wildland help protect the NSF from future at- has focused less on the language in the fires that burned over 9 million acres. tacks and make the Foundation bill and more on the concern of inten- b 1530 stronger. tions behind the bill. As I have said, I H.R. 3293 says research funded by the have disagreed with recent criticisms It sounds like this is of national in- NSF must be worthy of Federal fund- of the NSF. Time has shown us that terest to study the long term impact of ing and in the national interest. The some of William Proxmire’s Golden fires that were set so many years ago. national interest is defined by a series Fleece Awardees have proven to be I choose to stand with the scientists of broad criteria, one of which is that a golden geese, as Ranking Member when it comes to science. For that reason, I really uphold this misguided bill. grant have the potential to promote JOHNSON mentioned in her opening Mr. Chair, I reserve the balance of ‘‘the progress of science for the United statement. States.’’ It is difficult to conceive of I think much of the criticism of my time. Mr. SMITH of Texas. Mr. Chairman, I research that would be recommended grants comes from misunderstandings. have one more Member on the way to by an NSF peer review panel that This bill can help prevent misunder- the floor to speak, and then I am pre- would not meet that standard. Thus, it standings or at least give NSF a better pared to close. is difficult for me to see how this ability to defend its work. This will I reserve the balance of my time. standard could harm the work that the come from the requirement that ab- Ms. EDDIE BERNICE JOHNSON of Foundation does. stracts be rewritten to more plainly ex- Texas. Mr. Chair, I have no further re- The bill clearly states that it is the plain the purpose of a grant. quests for time. job of the Foundation to determine I applaud the NSF for steps they I reserve the balance of my time. what is worthy of funding, not politi- have already taken to better explain Mr. SMITH of Texas. Mr. Chairman, I cians, and that nothing in the bill why scientific research is valuable and yield 2 minutes to the gentleman from would alter NSF’s blunted peer review to better explain why promoting the Texas (Mr. BABIN), who is on his way to process, which we agree is the gold progress of science is in the Nation’s the podium right now. standard for funding scientific re- interest and worthy of Federal funds. Mr. BABIN. Mr. Chair, I rise today in search. As a scientist myself, I believe This policy and this bill will further strong support of H.R. 3293, the Sci- this is as it should be. help the NSF defend worthwhile entific Research in the National Inter- Nevertheless, there have been sugges- grants. est Act. tions that this bill is politicians cre- All of us may never see eye to eye on The National Science Foundation ating a political filter on what research what types of research should be sup- spends $7 billion in taxpayer funds, should be funded, but it is striking how ported by the Federal Government. For most of which goes to important re- similar this language is to the broader example, I see more value in social search that helps advance America’s impacts criterion that we advanced in science and geoscience than many of competitive edge. However, the NSF a bipartisan fashion in the 2010 COM- my colleagues on the other side of the has funded far too many wasteful PETES Reauthorization Act. There aisle, and I never miss an opportunity projects that are not in the national was no concern at the time about that to point that out. interest. language being a political filter, nor But far from acting as a political fil- Here are several examples: $1.5 mil- was there any concern that broader im- ter, I believe this bill will help the NSF lion to study pasture management in pacts be applied to a portfolio of continue to be the world’s preeminent Mongolia; $147,000 to study inter- grants, rather than individual awards. foundation in funding scientific re- national marriages between the citi- Furthermore, at the time, the Foun- search, and that is why I ask my col- zens of France and Madagascar; $20,000 dation already had broader impact cri- leagues to join me in supporting this to study stress among the people of Bo- terion as part of their review process, bill. livia. yet this committee still acted to put Ms. EDDIE BERNICE JOHNSON of While the NSF has begun to imple- the criteria in statute. And the ease Texas. Mr. Chairman, I yield myself ment some new internal policies that with which NSF has implemented the such time as I may consume. are intended to increase transparency broader impacts criteria suggests to I want to point out that this grant and accountability, this bill will help me that they could implement this lan- was mentioned earlier in remarks. In strengthen those reforms and make guage without changing the nature of defense of their misguided efforts, them permanent. the research they fund. some of our colleagues like to pick cer- The Director of the NSF even testi- There is some concern that this bill tain grants and make fun of them—just fied before the House Science, Space, would cause the Foundation to become as has just been said—and then say and Technology Committee that the more risk averse or applied, not fund- they are not worth funding. policy of H.R. 3293 is ‘‘compatible with ing breakthrough grants like the one One of the grants that my colleagues the NSF’s internal guidelines.’’ that started Google. So let’s take a like to pick on is a grant entitled, I highly commend Chairman LAMAR look at that grant. ‘‘Ecosystems Resilience to Human Im- SMITH for his leadership on this impor- The NSF funded the Stanford Inte- pacts: Ecological Consequences of tant bill, and I encourage my col- grated Digital Library Project in 1994, Early Human-Set Fires in New Zea- leagues to very much support it. and the research conducted through land.’’ It may be easy for some of my Ms. EDDIE BERNICE JOHNSON of that grant, as well as other private and colleagues to question why the Federal Texas. Mr. Chairman, once again, I public support, including a graduate re- Government should spend money on stand with the scientists. I also stand search fellowship for Sergey Brin, led studying fires that were set in a for- with the President’s potential state- to the algorithms that were the intel- eign country hundreds of years ago. ment. If this bill is presented to the lectual basis of Google. Apparently, it is harder for them to President, scientists have rec- The purpose of that grant, as stated spend 5 minutes reading the abstract. ommended that he veto it. in the abstract, was ‘‘to develop the en- It turns out that those early settlers I stand with the scientists again and abling technologies for a single, inte- in New Zealand caused the loss of more ask the people to vote against this bill.

VerDate Sep 11 2014 03:30 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K10FE7.047 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE February 10, 2016 CONGRESSIONAL RECORD — HOUSE H683 I yield back the balance of my time. better explain to the American people tional Science Foundation. They only Mr. SMITH of Texas. Mr. Chairman, I the potential value of their work. approve one out of five grant requests. yield myself the remainder of my time. Finally, opponents have claimed that Shouldn’t those grant proposals be in I am glad that the gentlewoman the bill discourages high-risk, high-re- the national interest? Shouldn’t they brought up the administration’s posi- ward research. Once again, this is false. be about breakthrough technology, tion on this bill because it is abso- Research with the potential to be technological inventions? Shouldn’t lutely no surprise. groundbreaking is almost always wor- they increase productivity in America? When President Obama was elected, thy of Federal funding and in the na- I think that is exactly how the tax- he promised that this would be the tional interest. payers’ dollars should be spent. most transparent administration in Basic research, by its very nature, is Mr. Chairman, how much time do I history. It has turned out to be the uncertain regarding outcomes and re- have remaining? exact opposite. sults, but payoffs to society, quality of The Acting CHAIR (Mr. MOONEY of Opposing a bill to bring more trans- life, and standards of living can be West Virginia). The gentleman from parency to government, more account- transformative. Texas has 31⁄2 minutes remaining. ability to the National Science Foun- Research that has the potential to Mr. SMITH of Texas. Mr. Chairman, dation is a perfect natural for this ad- address some of society’s greatest chal- what I would like to do is to give more ministration. lenges is what the NSF should be fund- examples of how the taxpayers’ dollars Let me give you some more exam- ing. actually should not be spent. These are ples. According to an analysis of Fed- Improving computing and cybersecu- grants that have been approved by the eral data by the Associated Press, the rity, advancing new energy sources, National Science Foundation in the Obama administration set new records discovering new medicines and cures, past. 2 years in a row for denying the media and creating advanced materials are Again, I want to give the current Di- access to government files. just some of the ways that NSF-funded rector full credit. She has changed the More than that, in an unprecedented research can help create millions of standards. She has implemented the letter to several congressional commit- new jobs and transform society in a national interest as a part of their tees, 47 inspectors general, who are the positive way. guidelines. But if we don’t make these official watchdogs of Federal agencies, On the other hand, how does spending guidelines permanent, this is what complained that the Justice Depart- $700,000 on a climate change musical could happen. ment, EPA, and others consistently ob- encourage breakthrough research? This is how the taxpayers’ dollars struct their work by blocking or delay- There may well be good answers to have been spent: ing access to critical information. those questions, but we weren’t able to $250,000 to survey public attitudes This is the record, this is the history come up with them, and neither was about the Senate filibuster rule; of an administration who opposes this the National Science Foundation. $276,000 to study the prehistory of bill. Again, a bill that is going to bring When the NSF funds projects that Chiapas, Mexico; transparency and accountability to the don’t meet such standards, there is less $246,000 to study migration and adop- Federal Government. money to support worthwhile research tion between Peru and Spain; Mr. Chairman, it seems obvious to that keeps our country at the forefront $136,000 to study life/history transi- most of us and to most Americans that of innovation. tions among indigenous people of taxpayer-funded grants should be in Both the National Science Founda- northern Argentina; the national interest, but let me ad- tion Director and the National Science $27,000 to study Mayan wooden archi- dress some of the false arguments that Board have endorsed the principle that tecture and the salt industry; have been presented by Members on the NSF should be more accountable in its $152,000 to analyze accountability and other side. grant-funding decisions. transparency in China’s dairy industry; $300,000 to study Cyprus during the Opponents claim that the bill inter- Why would Congress oppose such a Bronze Age; feres with the merit-review process for commonsense requirement? Why do op- $226,000 to study cultural dynamics in approving grants. This is false. The ponents of this bill think they know western Turkey; three-page bill clearly states ‘‘nothing better than the NSF Director, who has $119,000 to coordinate an inter- in this section shall be construed as al- approved the national interest stand- national archaeological project in the tering the Foundation’s intellectual ard in the current guidelines? South American Andes; merit or broader impacts criteria for It is just inconceivable to me that an $60,000 to study the Gamo caste sys- evaluating grant applications.’’ elected U.S. Representative would op- tem in southwestern Ethiopia; Scientists still make the decisions. pose requiring government grants fund- $300,000 to produce an experimental They just do not get a blank check ed by the U.S. taxpayer to be spent in dance program about nature and phys- written by the taxpayer. They need to the national interest. Whose money do ics. be accountable to the American people they think the NSF spends on these Speaking of that, I think there was by showing that their proposals are in frivolous research grants? The tax- another $516,000 to help amateurs cre- the national interest. payers should know how their hard- ate a video game, $516,000 to help ama- What the bill does do is ensure that earned dollars are, in fact, being spent. teurs create a video game called ‘‘Re- the results of the peer-review process I ask my colleagues to bolster trans- live Prom Night.’’ are transparent and that the broader parency and accountability, protect There is no national interest that I societal impact of the research is bet- American taxpayers, and promote am aware of. If there is, they sure ter communicated to the public. This good, fundamental science and basic ought to point it out before we ask the makes it clear how the grant is in the research. taxpayers to spend half a million dol- national interest. Mr. Chairman, I want to thank the lars on reliving prom night. Another common falsehood spread by gentleman from Illinois who spoke just Let’s see. opponents of the bill is that it means a minute ago. He made a really, really $605,000 to travel and study why peo- research projects will be judged by the good point that I want to repeat, and ple around the world cheat on their title as to whether or not they are wor- that is that this bill is actually going taxes; thy of Federal funding. Again, this is to help strengthen the National $38,000 to consider whether livestock false. The bill actually corrects a past Science Foundation because it is going herding families expand in response to problem with some NSF-funded grants. to give it more credibility and tax- herd growth; Often, the title and an incomprehen- payers are going to have more assur- $193,000 to study human fish con- sible summary were all that was pub- ance that their hard-earned money is sumption in Tanzania from 1300 to 1500 licly available about a research grant. being spent on worthwhile projects AD; The bill ensures that a project’s bene- that are, in fact, in the national inter- $250,000 to educate local TV mete- fits are clearly communicated to earn est. orologists; the public support and trust. Research- Mr. Chairman, taxpayers spend $6 bil- $275,000 to study tourism in northern ers should embrace the opportunity to lion; $6 billion is being spent by the Na- Norway;

VerDate Sep 11 2014 03:30 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K10FE7.048 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H684 CONGRESSIONAL RECORD — HOUSE February 10, 2016 $450,000 to create the Climate Change tion to attract and retain the top research tal- nent, shall not be subject to amend- Narrative Game; ent in the world. In order to continue to comment, and shall not be subject to a de- $131,000 for a 1-day program about cli- pete, we need sustained investments free mand for division of the question. mate change education using giant- from political interference. The Chair understands amendment screen TVs; I strongly oppose this bill and any other ef- No. 1 will not be offered. $430,000 to study Irish climate, envi- forts to needlessly politicize scientific research. AMENDMENT NO. 2 OFFERED BY MS. EDDIE ronment, and political change in the The Acting CHAIR. All time for gen- BERNICE JOHNSON OF TEXAS past 2,000 years; eral debate has expired. The Acting CHAIR. It is now in order $2.5 million to create dioramas for Pursuant to the rule, the bill shall be to consider amendment No. 2 printed in the Oakland Museum of California; considered for amendment under the 5- part B of House Report 114–420. $590,000 to support private groups ad- minute rule and shall be considered as Ms. EDDIE BERNICE JOHNSON of vocating drastic climate change; read. Texas. Mr. Chairman, I have an amend- $289,000 to study how colonialism and The text of the bill is as follows: ment at the desk. climate change threaten the survival of H.R. 3293 The Acting CHAIR. The Clerk will Arctic peoples in Russia; Be it enacted by the Senate and House of Rep- designate the amendment. $549,000 to—I am sorry. My time is resentatives of the United States of America in The text of the amendment is as fol- about expired, and I appreciate that. Congress assembled, lows: I could go on and give dozens and SECTION 1. SHORT TITLE. Page 3, line 15, through page 4, line 15, dozens of examples, but I think it is This Act may be cited as the ‘‘Scientific amend subsection (b) to read as follows: clear that this is not how the American Research in the National Interest Act’’. (b) DETERMINATION.—A determination re- taxpayers’ dollars should be spent. SEC. 2. GREATER ACCOUNTABILITY IN FEDERAL ferred to in subsection (a) is a justification Mr. Chair, I yield back the balance of FUNDING FOR RESEARCH. by the responsible Foundation official as to (a) STANDARD FOR AWARD OF GRANTS.—The my time. how the research grant or cooperative agree- National Science Foundation shall award ment— Mr. VAN HOLLEN. Mr. Chair, I rise today in Federal funding for basic research and edu- (1) by itself, or by contributing to a port- opposition to H.R. 3293, the so-called Sci- cation in the sciences through a new re- folio of research in that field or across fields, entific Research in the National Interest Act, a search grant or cooperative agreement only is in the national interest as reflected in the bill that would actually hinder the National if an affirmative determination is made by National Science Foundation Act of 1950 (42 Science Foundation’s (NSF) ability to meet the the Foundation under subsection (b) and U.S.C. 1861 et seq), namely to promote the dynamic demands of science and provide rewritten justification relating thereto is pub- progress of science, to advance the national sources across all scientific disciplines without lished under subsection (c). health, prosperity and welfare, and to secure (b) DETERMINATION.—A determination re- political manipulations. This bill is simply an- the national defense; and ferred to in subsection (a) is a justification (2) is worthy of Federal funding, as dem- other in a line of Republican efforts to politi- by the responsible Foundation official as to onstrated by having met the merit review cize science and jeopardize discovery and in- how the research grant or cooperative agree- criteria of the Foundation. novation. ment promotes the progress of science in the The Acting CHAIR. Pursuant to The NSF engages in remarkable, ground- United States, consistent with the Founda- House Resolution 609, the gentlewoman breaking work. We must continue to support tion mission as established in the National from Texas (Ms. EDDIE BERNICE JOHN- this organization and ensure that America re- Science Foundation Act of 1950 (42 U.S.C. SON) and a Member opposed each will mains a world-wide leader in scientific ad- 1861 et seq.), and further— (1) is worthy of Federal funding; and control 5 minutes. vances. To that end, I cosponsored a number (2) is in the national interest, as indicated The Chair recognizes the gentle- of amendments with my colleague from Vir- by having the potential to achieve— woman from Texas. ginia, Mr. BEYER, that would allow NSF sci- (A) increased economic competitiveness in Ms. EDDIE BERNICE JOHNSON of entists to further our understanding of climate the United States; Texas. Mr. Chairman, my colleague (B) advancement of the health and welfare and environmental science. Unfortunately my from Texas, the chairman of the Com- colleagues on the other side of the aisle have of the American public; (C) development of an American STEM mittee on Science, Space, and Tech- displayed such open hostility towards climate nology, has stated many times that science and research that they won’t allow a workforce that is globally competitive; (D) increased public scientific literacy and H.R. 3293 is consistent with the policy vote on these amendments. public engagement with science and tech- announced by NSF in January 2015. While I believe it’s important that the NSF nology in the United States; He also frequently cites a year old hold itself accountable regarding the research (E) increased partnerships between aca- comment by NSF Director Dr. Cordova it funds, politicizing scientific research is short- demia and industry in the United States; about this bill. However, it is one thing sighted and can damage our ability to com- (F) support for the national defense of the to use such vague statements in de- pete in the world economy. H.R. 3293 would United States; or (G) promotion of the progress of science for fense of this bill; it is quite another interfere with ongoing efforts at NSF to better thing to look directly at the NSF pol- quantify and communicate the value of the re- the United States. (c) WRITTEN JUSTIFICATION.—Public an- icy issued by Dr. Cordova to see what search it funds. nouncement of each award of Federal fund- it actually says. Mr. Chair, I am also concerned that this leg- ing described in subsection (a) shall include islation will have a chilling effect on many of a written justification from the responsible b 1545 the scientists at NSF and throughout our sci- Foundation official as to how a grant or co- I will quote directly from NSF’s Jan- entific community. This bill would force sci- operative agreement meets the requirements uary 2015 policy: entists to second-guess their research based of subsection (b). The nontechnical component of the on political whims and require them to justify (d) IMPLEMENTATION.—A determination NSF award abstract must serve as a all their actions according to short-term re- under subsection (b) shall be made after a research grant or cooperative agreement pro- public justification for NSF funding by turns, stifling high-risk, high-reward research posal has satisfied the Foundation’s reviews articulating how the project serves the and innovation across all fields. We must not for Merit and Broader Impacts. Nothing in national interest, as stated by NSF’s squelch creativity, critical thinking, and the this section shall be construed as altering mission, to promote the progress of open exchange of ideas. the Foundation’s intellectual merit or broad- science; to advance the national Federal agencies like NIH and NOAA are er impacts criteria for evaluating grant ap- health, prosperity, and welfare; and to headquartered in my district and I represent plications. secure national defense. countless federally funded scientists who are The Acting CHAIR. No amendment As Dr. Holdren, the President’s advancing knowledge, discovering cures, and to the bill shall be in order except Science Adviser, said: developing innovative technologies. I am com- those printed in part B of House Report According to the clear wording and mitted to ensuring that the NSF and all of our 114–420. Each such amendment may be intent of the 1950 act that created the research agencies have the resources they offered only in the order printed in the National Science Foundation, pro- need without being subject to superfluous po- report, by a Member designated in the moting the progress of science through litical tests. The valuable work done by our report, shall be considered read, shall basic research is in the national inter- scientists and researchers at NSF and other be debatable for the time specified in est. institutions not only leads to the development the report, equally divided and con- Likewise, Dr. Cordova, in describing of new innovations, but also enables our Na- trolled by the proponent and an oppo- what she means by ‘‘national interest,’’

VerDate Sep 11 2014 03:30 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K10FE7.049 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE February 10, 2016 CONGRESSIONAL RECORD — HOUSE H685 points directly to the 1950 NSF mission This amendment eliminates the re- Every grant that goes out of the Na- statement. In her policy, there is no quirement that each grant be worthy tional Science Foundation is peer-re- separate list defining national interest of Federal funding. It asserts that any viewed in a system that was set up 60 with criteria that, in fact, promotes grant approved by NSF through its years ago. It has worked well. We have more applied research, not basic re- merit selection system will be consid- gained great research. I don’t think search. ered worthy of Federal funding. With that making sure that the politicians While the words ‘‘promoting the this change, every NSF-funded project have something to say about it makes progress of science’’ appear in the bill would be considered worthy of Federal it any better. It makes it worse. before us, they do so only as an after- funding, no matter how absurd. I ask for the adoption of my amend- thought, in dead last place and added With this amendment, Congress ment. only after many versions of this bill. would effectively abnegate its responsi- Mr. Chairman, I yield back the bal- Now that we all understand the Na- bility to ensure that NSF spends tax- ance of my time. tional Science Foundation’s actual pol- payer dollars only on projects worthy Mr. SMITH of Texas. Mr. Chairman, icy, I can briefly explain my amend- of Federal funding. the National Science Foundation Di- ment. The underlying bill does not interfere rector and the National Science Board By tying the term ‘‘national inter- with the National Science Founda- have both expressed and endorsed a est’’ to the 1950 national statement, my tion’s merit selection process. I have principle that NSF should be more amendment brings the bill truly in line already quoted from the bill twice to- transparent and accountable in its with the National Science Founda- night. It only requires that NSF be grant funding decisions. In fact, the tion’s own policy for transparency and transparent and explain in writing and NSF has already incorporated the na- accountability. in nontechnical terms why each re- tional interest standard in their guide- My amendment also provides clarity search project that receives public lines. to what we mean by the words ‘‘worthy funds is in the national interest. Tax- This amendment creates loopholes of Federal funding,’’ by stating that payers deserve this information. It is and dilutes the intent of the bill—a bill anything that has passed the rigor of their money. that NSF Director France Cordova has the National Science Foundation’s Moreover, in order to maintain an in- testified: is very compatible with the peer-review process is ‘‘worthy of Fed- creased public support for vital invest- new internal NSF guidelines and with eral funding.’’ ment in basic research, NSF must be the mission statement of the National In short, my amendment fixes the Science Foundation. underlying bill by removing restric- transparent and accountable and explain why every scientific investment I ask my colleagues to say ‘‘yes’’ to tions that may stifle high-risk basic re- accountability and transparency and search, and by taking decisions about deserves to receive hard-earned tax dollars. ‘‘no’’ to the amendment. grant funding out of the hands of poli- I yield back the balance of my time. ticians and putting it back in the NSF Director France Cordova and her team at NSF understand this. That The Acting CHAIR. The question is hands of scientists, where it belongs. on the amendment offered by the gen- The National Science Foundation’s is why the NSF is implementing new tlewoman from Texas (Ms. EDDIE BER- 1950 mission statement, implemented policies to make NSF grant-making more transparent and understandable NICE JOHNSON). through its gold standard merit-review The question was taken; and the Act- process, has served science and this Na- for the American people. These policies acknowledge the pri- ing Chair announced that the noes ap- tion so well. Let’s leave it intact by peared to have it. passing my amendment. mary importance of national interest in awarding tax dollars. In fact, during Ms. EDDIE BERNICE JOHNSON of I reserve the balance of my time. Texas. Mr. Chairman, I demand a re- Mr. SMITH of Texas. Mr. Chairman, I her testimony before the Science, Space, and Technology Committee last corded vote. rise in opposition to the amendment. The Acting CHAIR. Pursuant to The Acting CHAIR. The gentleman is year, Dr. Cordova described this na- clause 6 of rule XVIII, further pro- recognized for 5 minutes. tional interest act and NSF’s new Mr. SMITH of Texas. Mr. Chairman, I transparency policies as consistent and ceedings on the amendment offered by oppose the gentlewoman’s amendment, fully compatible with each other. the gentlewoman from Texas will be which undermines the bill and weakens I would like to remind everyone that postponed. accountability and transparency. it is not Congress’ or the NSF’s money. AMENDMENT NO. 3 OFFERED BY MS. JACKSON First, the amendment seeks to dilute It is the American people’s money. LEE the bill’s requirement that the grant The amendment offered by the rank- The Acting CHAIR. It is now in order must be worthy of Federal funding. It ing member seeks to change the sec- to consider amendment No. 3 printed in is difficult to understand why anyone tion of the bill that requires NSF to ac- part B of House Report 114–420. would have objections to requiring that company public announcement of every Ms. JACKSON LEE. Mr. Chairman, I a research grant be worthy of taxpayer grant award with a nontechnical expla- have an amendment at the desk. The Acting CHAIR. The Clerk will support. Worthy means: having ade- nation of the award’s scientific merit designate the amendment. quate or great merit, character, or and national interest. The text of the amendment is as fol- value; and commendable excellence or My concern is that the proposed lows: merit; deserving. amendment would create a loophole The opposite of worthy of Federal through which blocks of hundreds of Page 3, line 22, strike ‘‘and’’. Page 3, line 23, redesignate paragraph (2) as funding are awards of taxpayer money grants in a particular area of science paragraph (3). to frivolous, low-priority projects, like would be justified by just one general Page 3, after line 22, insert the following: producing a climate change musical, statement. This is the opposite of ac- (2) is consistent with established and wide- creating a voicemail game, or studying countability and transparency. ly accepted scientific methods applicable to tourism in Norway. I strongly oppose the amendment for the field of study of exploration; and One would think that fundamental these reasons. The Acting CHAIR. Pursuant to standards like ‘‘worthy of Federal Mr. Speaker, I reserve the balance of House Resolution 609, the gentlewoman funding’’ and ‘‘in the national inter- my time. from Texas (Ms. JACKSON LEE) and a est’’ would already be embedded in the Ms. EDDIE BERNICE JOHNSON of Member opposed each will control 5 standards the National Science Foun- Texas. Mr. Chairman, this does not do minutes. dation uses to evaluate thousands of any more than what was intended The Chair recognizes the gentle- grant applications and decide which under the law. It leaves it in the hands woman from Texas. ones should receive $6 billion in basic of the peer review board and not the Ms. JACKSON LEE. Mr. Chairman, I research grants each year. From the politicians. want to thank the ranking member, Science, Space, and Technology Com- It does nothing to make this bill Ms. EDDIE BERNICE JOHNSON of Texas, mittee’s review of past NSF grants, we worse. In fact, it improves it so that it for her leadership. I also want to thank have learned that this is not always can meet the charter of this Congress Mr. SMITH for his chairmanship of the the case. in doing its work. committee.

VerDate Sep 11 2014 03:30 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K10FE7.053 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H686 CONGRESSIONAL RECORD — HOUSE February 10, 2016 I have known the commitment to progress of science; to advance the national tion making a determination that a science that so many Members have. I health, prosperity, and welfare; and to secure grant is worthy of Federal funding and hope that my amendment reinforces the national defense; in addition to other pur- in the national interest, the NSF must the emphasis that we have had with re- poses’’ by creating the National Science Foun- also determine that the grant is: con- spect to science. dation. sistent with established and widely ac- Scientists should control the direc- The Act authorized and directed the Foun- cepted scientific methods applicable to tion and guidance of our research. The dation to ‘‘initiate and support basic scientific the field of study or exploration. National Science Foundation does sim- research and programs to strengthen the po- I agree that this is an important de- ply that. I hope that both of my tential of scientific research and education pro- termination. Basic research funded by amendments contribute to that grams at all levels in the mathematical, phys- taxpayers must have a sound scientific premise, and I would like to acknowl- ical, medical, biological, social, and other foundation. edge the Rules Committee for making sciences.’’ Reproducibility—the ability of an en- these amendments in order. The 1950 Act also authorized and directed tire experiment or study to be dupli- The Jackson Lee amendment seeks NSF to fund applied scientific and engineering cated—especially by someone else to improve H.R. 3293 by ensuring that research. working independently, is the gold NSF-funded research, as it has been, One hundred years of basic scientific re- standard in the scientific method. remains consistent with established search has revealed its value, exemplified in NSF should ensure that the research and widely accepted scientific methods the advances that helped our nation win World it funds meets this gold standard so applicable to the study of exploration. War II and allowed Congress to appreciate taxpayer dollars do not go to waste. In conducting experiments or re- science as the gateway to the pre-eminent I thank the gentlewoman for her search in new areas of inquiry, grant economic global success the nation could amendment, and I do support it. recipients would now follow protocols achieve. Mr. Chairman, I yield back the bal- that ensure that the outcomes of re- This Jackson Lee Amendment would sup- ance of my time. search are able to be reproduced by port the promise that basic research is con- Ms. JACKSON LEE. Mr. Chairman, other scientists or researchers. ducted with the expectation that good science let me thank the gentleman from I have always believed that science is Texas and the ranking member for the work that creates the ultimate should be the underlying goal. History has shown that basic research often their support. work in decades and centuries to come. With that, I ask my colleagues to Having served on the Science, Space, leads to results with the utmost beneficial con- support the Jackson Lee amendment. and Technology Committee some years sequences for society; although, at the time I yield back the balance of my time. back, I used to always say: science is that basic research is conducted, it may be The Acting CHAIR. The question is the work of the 21st century. If you impossible to predict how it will benefit the na- on the amendment offered by the gen- create in science, innovation, products, tion or the world. tlewoman from Texas (Ms. JACKSON and research, you create opportunities One such example is the Genomic studies LEE). for jobs and products to be sold. This is of nematode worms that led to the discovery The amendment was agreed to. what good science is all about and why of genes that ultimately control cell death; this basic research relies on the scientific study in turn opened the avenues of discovery AMENDMENT NO. 4 OFFERED BY MS. JACKSON method in the routine practice of sci- for new treatment possibilities for cancer and LEE entists and researchers around the Alzheimer’s Disease. The Acting CHAIR. It is now in order Additionally, basic research on atomic phys- world. to consider amendment No. 4 printed in I fully believe that the National ics led to the development of the atomic part B of House Report 114–420. Science Foundation gets it. That is clocks that now enable the highly precise Ms. JACKSON LEE. Mr. Chairman, I what their underlying work is about. Global Positioning System (GPS) used to have an amendment at the desk. The Jackson Lee amendment will guide commercial aircraft to their destinations. The Acting CHAIR. The Clerk will support the promise that basic re- In 2014, due to a global embrace of sci- designate the amendment. search is conducted with the expecta- entific research the world saw: The text of the amendment is as fol- tion that good science should be the The first landing of a space craft on the sur- lows: underlying goal. History has shown face of a comet; Page 3, line 22, strike ‘‘and’’. that basic research often leads to re- The discovery of a new fundamental par- Page 3, line 23, redesignate paragraph (2) as sults with the utmost beneficial con- ticle, which provided information on the origin paragraph (3). of the universe; Page 3, after line 22, insert the following: sequences for society. (2) is consistent with the definition of basic I would ask my colleagues to support Development of the world’s fastest supercomputer; and research as it applies to the purpose and field this amendment. of study; and I thank Chairman SESSIONS and Ranking A surge in research on plant biology that is The Acting CHAIR. Pursuant to Member SLAUGHTER for making the Jackson uncovering new and better ways to meet glob- House Resolution 609, the gentlewoman Lee Amendment in order for consideration al food needs. from Texas (Ms. JACKSON LEE) and a under H.R. 3293, the ‘‘Scientific Research in Unfortunately none of these achievements Member opposed each will control 5 the National Interest Act.’’ were led by our nation’s researchers or sci- My thanks and appreciation to Chairman entists. minutes. The Chair recognizes the gentle- SMITH and Ranking Member JOHNSON for their I ask my colleagues to support this Jackson support of this amendment and their staffs for Lee Amendment so that we may make strides woman from Texas. working with my staff to ensure the amend- toward joining and surpassing our global com- Ms. JACKSON LEE. Mr. Chairman, I ment reflects a goal we all share. petitors in the emerging scientific community. restate my earlier premise that science The Jackson Lee amendment improves Mr. Chairman, I reserve the balance is the work of the 21st century. Maybe H.R. 3293, by ensuring that NSF funded re- of my time. we will be saying the 22nd century. Be- search, as it has been, remains consistent Mr. SMITH of Texas. Mr. Chairman, I cause when you are innovative and do with established and widely accepted scientific claim the time in opposition to this research, you create jobs and opportu- methods applicable to the study of exploration. amendment, but I do not oppose the nities. This amendment establishes In conducting experiments or research in amendment. that basic research is in the national new areas of inquiry, grant recipients would The Acting CHAIR. Without objec- interest of the United States. now follow protocols that ensure that the out- tion, the gentleman is recognized for 5 Let me suggest to you that we have comes of research are able to be reproduced minutes. a lot of universities in this country. by other scientists or researchers. There was no objection. When I travel, I always hear individ- This is what good science is all about and Mr. SMITH of Texas. Mr. Chairman, I uals seeking to come to be taught in this is why basic research relies on the sci- support this amendment offered by the American institutions of higher edu- entific method in the routine practice of sci- gentlewoman from Texas (Ms. JACKSON cation. It is because of the creative entists and researchers around the world. LEE). thought and, in many instances, the re- In 1950, Congress passed the National The amendment requires that, in ad- search that is done, whether in medi- Science Foundation Act to ‘‘promote the dition to the National Science Founda- cine or all the forms of science and

VerDate Sep 11 2014 05:14 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K10FE7.056 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE February 10, 2016 CONGRESSIONAL RECORD — HOUSE H687 technology, because we have a free- only expanded university-based research into the type that have damaged Sony, major flowing basis upon which people can new types of antibiotics can address (see In- banks, large retailers, and other major com- think and invent. I want that to con- fectious Disease). panies. Ultimately, it will be basic research America’s emergence last year as the in areas such as photonics, cybersecurity, tinue. I want the National Science world’s largest oil producer has been justly and quantum computing (where China is in- Foundation to be at the cornerstone of celebrated as a milestone for energy inde- vesting heavily) that determine leadership in that. pendence. But the roots of the fracking revo- secure information systems, in secure long I will include in the RECORD an arti- lution stem from federally-funded research— distance communications, and in super-com- cle titled, ‘‘The Future Postponed.’’ begun in the wake of the first OPEC oil em- puting (see Cybersecurity and Quantum In- Why Declining Investment in Basic Re- bargo 40 years ago—that led to directional formation Systems). Recent budget cuts search Threatens a U.S. Innovation drilling technology, diamond drill bits tough have impacted U.S. efforts in all these areas. enough to cut shale, and the first major hy- Deficit. Also, technologies are now in view that draulic fracturing experiments. Do we also could markedly improve the way we protect [From the Massachusetts Institute of want the U.S. to be a leader in clean energy our soldiers and other war fighters while im- Technology] technologies a few decades hence, when these proving their effectiveness in combat (see THE FUTURE POSTPONED will be needed for large scale replacement of Defense Technology). fossil energy sources, a huge global market? It is not just areas of science with obvious WHY DECLINING INVESTMENT IN BASIC RE- Then now is when more investment in ad- applications that are important. Some ob- SEARCH THREATENS A U.S. INNOVATION DEF- vanced thin film solar cells, new battery con- servers have asked, ‘‘What good is it?’’ of the ICIT cepts, and novel approaches to fusion energy discovery of the Higgs boson (the particle re- (A Report by the MIT Committee to should begin (see Materials Discovery and ferred to above, which fills a major gap in Evaluate the Innovation Deficit) Processing, Batteries, Fusion Energy). our understanding of the fundamental nature 2014 was a year of notable scientific high- Some areas of research create opportuni- of matter). But it is useful to remember that lights, including: ties of obvious economic importance. Catal- similar comments might have been made the first landing on a comet, which has al- ysis, for example, is already a $500 billion in- when the double helix structure of DNA was ready shed important light on the formation dustry in the United States alone and plays first understood (many decades before the of the Earth; a critical role in the manufacture of vir- first biotech drug), when the first transistor the discovery of a new fundamental par- tually every fuel, all types of plastics, and emerged from research in solid state physics ticle, which provides critical information on many pharmaceuticals. Yet today’s catalysts (many decades before the IT revolution), the origin of the universe; are relatively inefficient and require high when radio waves were first discovered (long development of the world’s fastest super- temperatures compared to those (such as en- before radios or broadcast networks were computer; zymes) that operate in living things. So the even conceived of). We are a remarkably in- a surge in research on plant biology that is potential payoff in both reduced environ- ventive species, and seem always to find uncovering new and better ways to meet mental impact and a powerful economic edge ways to put new knowledge to work. global food requirements. for countries that invest in efforts to under- Other potential discoveries could have None of these, however, were U.S.-led stand and replicate these biological cata- global impacts of a different kind. Astrono- achievements. The first two reflected 10- lysts—as Germany and China already are— mers have now identified hundreds of planets year, European-led efforts; the second two could be huge (see Catalysis). The U.S. also around other stars, and some of them are are Chinese accomplishments, reflecting lags in two other key areas: developing ad- clearly Earth-like. Imagine what it would that nation’s emergence as a science and vances in plant sciences that can help meet mean to our human perspective if we were to technology power. Hence the wide-spread growing world needs for food while sup- discover evidence of life on these planets—a concern over a growing U.S. innovation def- porting U.S. agricultural exports, and the signal that we are not alone in the uni- icit, attributable in part to declining public growing field of robotics that is important verse—from observations of their planetary investment in research (see figure). not only for automated factories but for a atmospheres, something that is potentially This report provides a number of tangible whole new era of automated services such as within the technical capability of space- examples of under-exploited areas of science driverless vehicles (see Plant Sciences and based research within the next decade? Or if and likely consequences in the form of an in- Robotics). the next generation of space telescopes can novation deficit, including: In an increasingly global and competitive discover the true nature of the mysterious opportunities with high potential for big world, where knowledge is created and first ‘‘dark matter’’ and ‘‘dark energy’’ that ap- payoffs in health, energy, and high-tech in- applied has huge economic consequences: pear to be the dominant constituents of the dustries; some 50 years after the rise of Silicon Valley, universe (see Space Exploration). fields where we risk falling behind in crit- the U.S. still leads in the commercial appli- Do we want more efficient government, ical strategic capabilities such as supercom- cation of integrated circuits, advanced elec- more market-friendly regulatory structures? puting, secure information systems, and na- tronic devices, and internet businesses. But Social and economic research is increasingly tional defense technologies; foreseeable advances in optical integrated able to provide policymakers with useful areas where national prestige is at stake, circuits, where both Europe and Japan are guidance. Witness the way government has such as space exploration, or where a lack of investing heavily, is likely to completely re- helped to create mobile and broadband mar- specialized U.S. research facilities is driving shape the $300 billion semiconductor indus- kets by auctioning the wireless spectrum— key scientific talent to work overseas. try that today is largely dominated by U.S. complex, carefully-designed auctions based This introduction also cites examples of companies (see Photonics). In this area and on insights from game theory and related re- the benefits from basic research that have other fields of science that will underlie the search that have netted the federal govern- helped to shape and maintain U.S. economic innovation centers of the future, U.S. leader- ment more than $60 billion while catalyzing power, as well as highlighting industry ship or even competitiveness is at risk. Syn- huge new industries and transformed the trends that have made university basic re- thetic biology—the ability to redesign life in way we live and do business. Empowered by search even more critical to future national the lab—is another area that has huge poten- access to more government data and Big economic competitiveness. tial to transform bio-manufacturing and food Data tools, such research could point the Basic research is often misunderstood, be- production and to create breakthroughs in way to still more efficient government (see cause it often seems to have no immediate healthcare—markets that might easily ex- Enabling Better Policy Decisions). payoff. Yet it was just such federally-funded ceed the size of the technology market. But In the past, U.S. industry took a long term research into the fundamental working of it is EU scientists that benefit from superior view of R&D and did fundamental research, cells, intensified beginning with the ‘‘War on facilities and dedicated funding and are lead- activities associated with such entities as Cancer’’ in 1971, that led over time to a growing the way (see Synthetic Biology). Re- the now-diminished Bell Labs and Xerox ing arsenal of sophisticated new anti-cancer search progress in many such fields increas- Park. That’s still the case in some other therapies—19 new drugs approved by the U.S. ingly depends on sophisticated modern lab- countries such as South Korea. Samsung, for FDA in the past 2 years. Do we want similar oratories and research instruments, the example, spent decades of effort to develop progress on Alzheimer’s, which already af- growing lack of which in the U.S. is contrib- the underlying science and manufacturing fects 5 million Americans, more than any uting to a migration of top talent and re- behind organic light-emitting diodes single form of cancer? Then we should ex- search leadership overseas. (OLEDs) before commercializing these into pand research in neurobiology, brain chem- Some areas of research are so strategically the now familiar, dramatic displays in TVs istry, and the science of aging (see Alz- important that for the U.S. to fall behind and many other digital devices. But today, heimer’s Disease). The Ebola epidemic in ought to be alarming. Yet Chinese leadership as competitive pressures have increased, West Africa is a reminder of how vulnerable in supercomputing—its Tianhe-2 machine at basic research has essentially disappeared we are to a wider pandemic of emergent viral the Chinese National University of Defense from U.S. companies, leaving them depend- diseases, because of a lack of research on in Guangzhou has won top ranking for the ent on federally-funded, university-based their biology; an even greater public health third year in a row and can now do quadril- basic research to fuel innovation. This shift threat looms from the rise of antibiotic re- lions of calculations per second—is just such means that federal support of basic research sistant bacteria right here at home, which, a straw in the wind. Another is our apparent is even more tightly coupled to national eco- because commercial incentives are lacking, and growing vulnerability to cyberattacks of nomic competitiveness. Moreover, there will

VerDate Sep 11 2014 05:14 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K10FE7.059 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H688 CONGRESSIONAL RECORD — HOUSE February 10, 2016 always be circumstances when private in- My thanks and appreciation to Chairman aims to ensure that the National vestment lags—when the innovation creates SMITH and Ranking Member JOHNSON’s staff Science Foundation grants fund re- a public good, such as clean air, for which an for working with my staff on drafting this search that meets the highest stand- investor can’t capture the value, or when the risk is too high, such as novel approaches to amendment. ards so taxpayer dollars are not wasted new antibiotic drugs, or when the technical Jackson Lee Amendment No. 4—adds to on frivolous grants or poorly designed complexity is so high that there is funda- the list of goals in the national interest—the research proposals. mental uncertainty as to the outcome, such conduct of basic research that follow well es- This amendment recognizes the Na- as with quantum computing or fusion en- tablished protocols and scientific methods. tional Science Foundation’s basic re- ergy. For these cases, government funding is The scientific method—it is what happens search mission and endorses applying the only possible source to spur innovation. every day and can lead to basic research ex- the bill’s national interest standards This central role of federal research support means that sudden changes in funding periments conducted by scientists. and criteria to National Science Foun- levels such as the recent sequester can dis- Basic research is the foundation of tomor- dation’s basic research grants. rupt research efforts and cause long term row’s innovations. I thank the gentlewoman for her damage, especially to the pipeline of sci- The Jackson Lee Amendment will help en- amendment, and I support it. entific talent on which U.S. research leader- sure that the nature of basic research is pre- I yield back the balance of my time. ship ultimately depends. In a survey of the served because without basic research the Ms. JACKSON LEE. I thank the gen- effects of reduced research funding con- United States will be dependent on others to tleman for supporting this amendment, ducted by the Chronicle of Higher Education make and reap the tremendous economic re- and I thank the ranking member for last year among 11,000 recipients of NIH and supporting it. NSF research grants, nearly half have aban- wards from new discoveries. doned an area of investigation they consid- Applied science depends on a well-ground- In closing, Mr. Chairman, let me say ered critical to their lab’s mission, and more ed understanding of the basic research that that, in addition to following protocol, than three quarters have fired or failed to leads to discovery. we must invest funds, money, in basic hire graduate students and research fellows. I call my colleagues attention to a research. Other evidence suggests that many of those groundbreaking report by the Massachusetts But I also want to take note of some- affected switch careers, leaving basic re- Institute of Technology entitled ‘‘The Future thing that I have watched over the search behind forever. years, and I have added amendments, Despite these challenges, the potential Postponed: Why Declining Investment in Basic benefits from expanding basic research sum- Research Threatens a U.S. Innovation Def- and I have seen the growth. marized in these pages—an innovation divi- icit.’’ One of my first acts on the Science, dend that could boost our economy, improve For much of our history, the United States’ Space, and Technology Committee was human lives, and strengthen the U.S. strate- industries took a long term view of research to utilize laboratory tools or equip- gically—are truly inspiring. We hope you and development and did fundamental re- ment that were no longer needed by will find the information useful. search, activities associated with basic re- the Federal Government in its national b 1600 search at Bell Labs and Xerox Park. science lab to give them to middle What this paper cites, in 2014, notable Today, as competitive pressures have in- schools and high schools so that they scientific advancements included land- creased, basic research has essentially dis- would have access to this kind of ing of a manmade Earth object on a appeared from U.S. companies, leaving them equipment. Many of us know that there comet, discovery of a new fundamental dependent upon federally-funded, university- are schools all throughout America particle which provided vital informa- based basic research to fuel innovation. who are deficient in science labs. I see tion on the origin of the universe, de- In 2014, notable scientific advancements in- them in my district. I hear about them. velopment of the world’s fastest super- cluded: I think the other important point is computer, and a tremendous increase 1. landing of a man made earth object on a that, over the years, we have expanded in plant biology that is discovering comet; the research collaboration to Histori- new and better ways to make global 2. discovery of a new fundamental particle, cally Black Colleges, Hispanic-Serving food requirements. which provided vital information on the origin Institutions, Native American-Serving, None of these, however, Mr. Chair- of the universe; development of the world’s rural, and colleges that serve the eco- man, were U.S.-led. So my amendment fastest supercomputer; and nomically disadvantaged. turns our attention, again, maybe to 3. a tremendous increase in plant biology Those are good things because we the obvious. Maybe if I say Alexander that is discovering new and better ways to don’t know where the genius is Amer- Bell, as we learned as children in meet global food requirements. ica and how many people may come up school, everybody knew that he created These are wonderful accomplishments, but with outstanding research. So I hope the telephone. none of them were U.S. led. that we do focus on how important George Washington Carver was asso- The first two were European in origin and basic research is. ciated with the many scientific discov- the second two were accomplished by China. I ask my colleagues to support the eries out of a single peanut, someone China landed the Jade Rabbit, its first lunar Jackson Lee amendment. that those of us, in this month of Afri- probe on the moon, and on Sunday North I yield back the balance of my time. can American History, when they Korea launched a long range rocket that put a The Acting CHAIR. The question is would teach us African American His- satellite into space that flew over the location on the amendment offered by the gen- tory, we would all know George Wash- of the Super Bowl. tlewoman from Texas (Ms. JACKSON ington Carver, that we had a real role The Jackson Lee Amendment is intended to LEE). model that was a scientist and that strengthen the nation’s commitment to basic The amendment was agreed to. generated probably thousands of sci- research so that the United States remains AMENDMENT NO. 5 OFFERED BY MS. DELBENE entists, people of African American preeminent in the field of discovery. The Acting CHAIR. It is now in order heritage and beyond. I reserve the balance of my time. to consider amendment No. 5 printed in So I want my amendment to empha- Mr. SMITH of Texas. Mr. Chairman, I part B of House Report 114–420. size that we want the long list of inno- claim the time in opposition to the Ms. DELBENE. Mr. Chairman, I have vation to be on our side and to con- amendment, though I do not oppose the an amendment at the desk. tinue the tradition and trajectory that amendment. The Acting CHAIR. The Clerk will we have had of basic research that then The Acting CHAIR. Without objec- designate the amendment. applies to all levels to create opportu- tion, the gentleman is recognized for 5 The text of the amendment is as fol- nities of work and genius that is here minutes. lows: in this country. There was no objection. Page 4, line 6, insert ‘‘, including computer I ask my colleagues to support my Mr. SMITH of Texas. Mr. Chairman, I science and information technology sec- amendment. support this amendment by the gentle- tors,’’ after ‘‘workforce’’. I thank Chairman SESSIONS and Ranking woman from Texas (Ms. JACKSON LEE), The Acting CHAIR. Pursuant to Member SLAUGHTER for making three Jackson her second amendment that we are ac- House Resolution 609, the gentlewoman Lee Amendments in order for consideration cepting on this side of the aisle. from Washington (Ms. DELBENE) and a under H.R. 3293, the ‘‘Scientific Research in I believe this amendment, in com- Member opposed each will control 5 the National Interest Act.’’ bination with the previous amendment, minutes.

VerDate Sep 11 2014 05:14 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\A10FE7.024 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE February 10, 2016 CONGRESSIONAL RECORD — HOUSE H689 The Chair recognizes the gentle- The Acting CHAIR. Without objec- technology is how we stay on the cut- woman from Washington. tion, the gentleman is recognized for 5 ting edge of research; it is how we con- Ms. DELBENE. Mr. Chair, I rise to minutes. tinue to compete globally in the 21st offer this amendment to ensure the Na- There was no objection. century economy. tional Science Foundation can con- Mr. SMITH of Texas. Mr. Chairman, I That is why I have serious concerns tinue investing in the development of accept the gentlewoman’s amendment. about the implications of the under- an American workforce that is globally It clarifies that it is in the national in- lying legislation, which needlessly in- competitive in computer science and terest to fund grants that support the serts a layer of political review into information technology. This has been development of an American STEM the scientific research process. To re- a bipartisan goal in the past, and I am workforce that is globally competitive main a world leader, we need to ensure hopeful everyone in this Chamber will and that includes computer science and scientists are exploring transformative be able to support it. the information technology sectors. new ideas and frontiers based on the Computing technology has become an In October, the President signed into merits of their research, not the sub- integral part of our lives, transforming law the STEM Education Act, a bill jective opinions of politicians in Con- our society and our Nation’s economy. that I introduced with my colleague gress. Nowhere is this clearer than in the Ms. ESTY, which expands the definition Unfortunately, those subjective opin- Puget Sound region. I have the honor of STEM to include computer science. ions are exactly what is being injected of representing Washington’s First Dis- This amendment reinforces that new into the process under this legislation; trict, which has some of the world’s Federal definition of STEM. It is a per- and what is worse, it has the potential leading software companies and tech- fecting amendment to the bill, and I to put ongoing research at risk. By nology innovators. But the same can be seen across the welcome it. changing the rules about how NSF country. According to the Bureau of I agree with my colleague that it is funding is awarded, scientists across Labor Statistics, there will be roughly in the national interest to support cre- the country may rightfully be con- 10 million STEM jobs by 2020 and, of ating training a STEM workforce cerned about how this legislation af- those jobs, half are expected to be in which includes computer science, and I fects the important work that they are computing and information tech- support her amendment. doing today. nology. That is nearly 5 million good- I yield back the balance of my time. As someone who started her career in paying jobs. But unless we step up our Ms. DELBENE. I want to thank the research, I can tell you firsthand it is game, our country won’t have enough chairman for his support. incredibly important that you have the computer science graduates to fill I yield back the balance of my time. certainty to see a project through to those positions. The Acting CHAIR. The question is the end. Starting and stopping research Today, there continues to be a sub- on the amendment offered by the gen- is highly detrimental. stantial shortage of Americans with tlewoman from Washington (Ms. We should provide scientists the the skills needed to fill computing DELBENE). long-term visibility to know their on- jobs, and too few of our students are The amendment was agreed to. going research can be completed with- being given the opportunity to learn AMENDMENT NO. 6 OFFERED BY MS. DELBENE out interference from politicians, and computer science, both at the K–12 The Acting CHAIR. It is now in order that is precisely what my amendment level and in college. What is worse, dra- to consider amendment No. 6 printed in does. My amendment simply clarifies matic disparities remain for girls and part B of House Report 114–420. that the underlying legislation does students of color. Ms. DELBENE. Mr. Chairman, I have not impact any grant funding that has Last year, less than 25 percent of stu- an amendment at the desk. already been awarded by the NSF. It is dents taking the AP Computer Science The Acting CHAIR. The Clerk will critical that we pass it to ensure ongo- exam were girls, while less than 15 per- designate the amendment. ing research is not disrupted by this cent were African American or Latino. The text of the amendment is as fol- unfortunate bill. To remain economically competitive, lows: Mr. Chairman, research isn’t a spigot we need to make smart investments Page 5, after line 3, add the following: you can turn on and off. I urge my col- now to address these disparities and (e) CLARIFICATION.—Nothing in this Act leagues on both sides of the aisle to ensure we have a strong 21st century shall be construed to impact Federal funding support this commonsense amendment. workforce in the decades to come. for research grants or cooperative agree- I reserve the balance of my time. Thankfully, NSF supports vital re- ments awarded by the National Science Mr. SMITH of Texas. Mr. Chairman, I search and development projects to Foundation prior to the date of enactment of claim the time in opposition to the help prepare the next generation to this Act. amendment, though I do not oppose the compete in STEM jobs, something we The Acting CHAIR. Pursuant to amendment. all agree is an important goal. House Resolution 609, the gentlewoman The Acting CHAIR. Without objec- My amendment simply clarifies that, from Washington (Ms. DELBENE) and a tion, the gentleman is recognized for 5 under the legislation, NSF can also in- Member opposed each will control 5 minutes. vest in projects aimed at developing an minutes. There was no objection. American workforce that is globally The Chair recognizes the gentle- Mr. SMITH of Texas. Mr. Chairman, I competitive in computing and informa- woman from Washington. accept the gentlewoman’s amendment. tion technology, sectors that are see- Ms. DELBENE. Mr. Chair, I rise to It clarifies that the new requirements ing enormous growth here at home and offer an important amendment for sci- in the bill do not apply to grants that around the globe. entists across the country who are en- have already been awarded by the Na- If we want our students to be pre- gaged in ongoing research funded by pared for the digital economy, NSF tional Science Foundation. I agree that the National Science Foundation. must be able to fund projects that sup- the bill is not intended to be retro- port the teaching and learning of es- As everyone in this Chamber knows, active. sential computer science skills like research and innovation are central to In January 2015, NSF began to imple- coding, programming, designing, and American competitiveness and driving ment new internal guidelines that pro- debugging. My amendment will do just our national economy. Each year, in- mote accountability and transparency. that. It will ensure we are looking for- vestments in research through NSF These guidelines are compatible with ward and preparing students for the help us push the boundaries of sci- this bill, but the implementation of college degrees and careers of the fu- entific knowledge, support new indus- them is a work in progress. I will con- ture. tries, and address the challenges facing tinue to communicate with NSF about I urge my colleagues on both sides of our society. how they implement their internal the aisle to support it. I don’t think anyone would deny that guidelines, but agree that this bill will I reserve the balance of my time. funding for NSF has overwhelmingly only apply to future grants, once en- Mr. SMITH of Texas. Mr. Chairman, I benefited our country. It is also key to acted. claim time in opposition to the amend- our country’s economic growth. Fund- So, Mr. Chairman, I support the ment, but I do not oppose it. ing new explorations in science and amendment.

VerDate Sep 11 2014 03:30 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K10FE7.063 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H690 CONGRESSIONAL RECORD — HOUSE February 10, 2016 I yield back the balance of my time. the state of the Union for the further Maloney, Pingree Speier Carolyn Pocan Swalwell (CA) Ms. DELBENE. I thank the chairman consideration of the bill, H.R. 3293. Maloney, Sean Polis Takai for his support of the amendment. Will the gentleman from Iowa (Mr. Matsui Price (NC) Takano I yield back the balance of my time. BLUM) kindly take the chair. McCollum Rangel Thompson (CA) The Acting CHAIR. The question is McDermott Rice (NY) Thompson (MS) on the amendment offered by the gen- b 1647 McGovern Ros-Lehtinen Titus McNerney Roybal-Allard Tonko IN THE COMMITTEE OF THE WHOLE tlewoman from Washington (Ms. Meeks Ruiz Torres Meng Ruppersberger DELBENE). Accordingly, the House resolved Tsongas Moore Rush The amendment was agreed to. Van Hollen itself into the Committee of the Whole Moulton Ryan (OH) Vargas Mr. SMITH of Texas. Mr. Chairman, I House on the state of the Union for the Murphy (FL) Sa´ nchez, Linda move that the Committee do now rise. further consideration of the bill (H.R. Nadler T. Veasey Napolitano Sarbanes Vela The motion was agreed to. 3293) to provide for greater account- ´ Neal Schakowsky Velazquez Accordingly, the Committee rose; ability in Federal funding for scientific Nolan Schiff Visclosky and the Speaker pro tempore (Mr. CAR- research, to promote the progress of Norcross Schrader Walz TER of Texas) having assumed the science in the United States that O’Rourke Scott (VA) Wasserman Pallone Scott, David Schultz chair, Mr. MOONEY of West Virginia, serves that national interest, with Mr. Pascrell Serrano Waters, Maxine Acting Chair of the Committee of the BLUM (Acting Chair) in the chair. Payne Sewell (AL) Watson Coleman Whole House on the state of the Union, The Clerk read the title of the bill. Pelosi Sherman Welch reported that that Committee, having The Acting CHAIR. When the Com- Perlmutter Sires Wilson (FL) Peters Slaughter Yarmuth had under consideration the bill (H.R. mittee of the Whole rose earlier today, 3293) to provide for greater account- amendment No. 6 printed in part B of NOES—235 ability in Federal funding for scientific House Report 114–420, offered by the Abraham Gohmert Moolenaar research, to promote the progress of gentlewoman from Washington (Ms. Aderholt Goodlatte Mooney (WV) science in the United States that DELBENE), had been disposed of. Allen Gosar Mulvaney serves that national interest, had come Amash Granger Murphy (PA) AMENDMENT NO. 2 OFFERED BY MS. EDDIE Amodei Graves (LA) Neugebauer to no resolution thereon. BERNICE JOHNSON OF TEXAS Babin Graves (MO) Newhouse f The Acting CHAIR. Pursuant to Barletta Griffith Noem clause 6 of rule XVIII, the unfinished Barr Grothman Nugent RECESS Barton Guinta Nunes business is the demand for a recorded Benishek Guthrie Olson The SPEAKER pro tempore. Pursu- vote on the amendment offered by the Bilirakis Hardy Palazzo ant to clause 12(a) of rule I, the Chair gentlewoman from Texas (Ms. EDDIE Bishop (MI) Harper Palmer declares the House in recess subject to Bishop (UT) Harris Paulsen BERNICE JOHNSON) on which further Black Hartzler Pearce the call of the Chair. proceedings were postponed and on Blackburn Heck (NV) Perry Accordingly (at 4 o’clock and 13 min- which the noes prevailed by voice vote. Blum Hensarling Peterson utes p.m.), the House stood in recess. Bost Hice, Jody B. Pittenger The Clerk will redesignate the Boustany Hill Pitts f amendment. Brady (TX) Holding Poe (TX) The Clerk redesignated the amend- Brat Huelskamp Poliquin b 1645 ment. Bridenstine Hultgren Pompeo Brooks (AL) Hunter Posey AFTER RECESS RECORDED VOTE Brooks (IN) Hurd (TX) Price, Tom The recess having expired, the House The Acting CHAIR. A recorded vote Buchanan Hurt (VA) Ratcliffe Buck Issa Reed was called to order by the Speaker pro has been demanded. Bucshon Jenkins (KS) Reichert tempore (Mr. MOONEY of West Virginia) A recorded vote was ordered. Burgess Jenkins (WV) Renacci at 4 o’clock and 45 minutes p.m. The vote was taken by electronic de- Byrne Johnson (OH) Ribble vice, and there were—ayes 181, noes 235, Calvert Johnson, Sam Rice (SC) f Carter (GA) Jolly Rigell not voting 17, as follows: Carter (TX) Jones Roby REPORT ON RESOLUTION PRO- [Roll No. 68] Chabot Jordan Roe (TN) VIDING FOR CONSIDERATION OF Chaffetz Joyce Rogers (AL) AYES—181 H.R. 2017, COMMON SENSE NUTRI- Clawson (FL) Katko Rogers (KY) TION DISCLOSURE ACT OF 2015, Adams Cuellar Hastings Coffman Kelly (MS) Rohrabacher Aguilar Cummings Heck (WA) Cole Kelly (PA) Rokita AND PROVIDING FOR PRO- Ashford Curbelo (FL) Higgins Collins (GA) King (IA) Rooney (FL) CEEDINGS DURING THE PERIOD Bass Davis (CA) Himes Collins (NY) King (NY) Roskam FROM FEBRUARY 15, 2016, Beatty Davis, Danny Hinojosa Comstock Kinzinger (IL) Ross Becerra DeFazio Honda Conaway Kline Rothfus THROUGH FEBRUARY 22, 2016 Bera DeGette Hoyer Cook Knight Rouzer Mr. BURGESS, from the Committee Beyer Delaney Huffman Costa Labrador Royce Bishop (GA) DeLauro Israel Costello (PA) LaHood Russell on Rules, submitted a privileged report Blumenauer DelBene Jackson Lee Cramer LaMalfa Salmon (Rept. No. 114–421) on the resolution (H. Bonamici DeSaulnier Jeffries Crawford Lamborn Sanford Res. 611) providing for consideration of Boyle, Brendan Deutch Johnson (GA) Crenshaw Lance Scalise the bill (H.R. 2017) to amend the Fed- F. Dingell Johnson, E. B. Culberson Latta Schweikert Brady (PA) Doggett Kaptur Davis, Rodney LoBiondo Scott, Austin eral Food, Drug, and Cosmetic Act to Brown (FL) Dold Keating Denham Long Sensenbrenner improve and clarify certain disclosure Brownley (CA) Doyle, Michael Kennedy Dent Loudermilk Sessions requirements for restaurants and simi- Bustos F. Kildee DeSantis Love Shuster Butterfield Edwards Kilmer DesJarlais Lucas Simpson lar retail food establishments, and to Capps Ellison Kind Diaz-Balart Luetkemeyer Sinema amend the authority to bring pro- Capuano Engel Kirkpatrick Donovan Lummis Smith (MO) ceedings under section 403A, and pro- Ca´ rdenas Eshoo Kuster Duffy MacArthur Smith (NE) viding for proceedings during the pe- Carney Esty Langevin Duncan (SC) Marchant Smith (NJ) Carson (IN) Farr Larsen (WA) Duncan (TN) Marino Smith (TX) riod from February 15, 2016, through Cartwright Fattah Larson (CT) Ellmers (NC) Massie Stefanik February 22, 2016, which was referred to Castor (FL) Foster Lawrence Emmer (MN) McCarthy Stewart the House Calendar and ordered to be Chu, Judy Frankel (FL) Lee Farenthold McCaul Stivers Cicilline Fudge Levin Fitzpatrick McClintock Stutzman printed. Clark (MA) Gabbard Lewis Fleischmann McHenry Thompson (PA) f Clarke (NY) Gallego Lieu, Ted Fleming McKinley Thornberry Clay Garamendi Loebsack Flores McMorris Tiberi SCIENTIFIC RESEARCH IN THE Cleaver Graham Lofgren Forbes Rodgers Tipton NATIONAL INTEREST ACT Clyburn Grayson Lowenthal Fortenberry McSally Trott Cohen Green, Al Lowey Foxx Meadows Turner The SPEAKER pro tempore. Pursu- Connolly Green, Gene Lujan Grisham Franks (AZ) Meehan Upton ant to House Resolution 609 and rule Conyers Grijalva (NM) Frelinghuysen Messer Valadao Cooper Gutie´rrez Luja´ n, Ben Ray Garrett Mica Wagner XVIII, the Chair declares the House in Courtney Hahn (NM) Gibbs Miller (FL) Walberg the Committee of the Whole House on Crowley Hanna Lynch Gibson Miller (MI) Walden

VerDate Sep 11 2014 03:30 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K10FE7.065 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE February 10, 2016 CONGRESSIONAL RECORD — HOUSE H691 Walker Whitfield Yoho Ms. EDWARDS. Mr. Speaker, this is was nearly one mass shooting for each Walorski Williams Young (AK) the final amendment to the bill. It will day of the year in 2015, according to Walters, Mimi Wilson (SC) Young (IA) Weber (TX) Wittman Young (IN) not kill the bill or send it back to com- The New York Times. With these stats, Webster (FL) Womack Zeldin mittee. If adopted, the bill will imme- are we doing enough? Can we do more? Wenstrup Woodall Zinke diately proceed to final passage, as Our motion to recommit answers this Westerman Yoder amended. question by endeavoring to understand NOT VOTING—17 H.R. 3293, the deceptively entitled the causes of gun violence and learning Castro (TX) Hudson Richmond Scientific Research in the National In- how we can curb it. As Members of Duckworth Huizenga (MI) Sanchez, Loretta terest Act, represents an effort by the Congress, we have no higher obligation Fincher Kelly (IL) Shimkus majority to overrule expert scientists than to protect those we represent. Gowdy Lipinski Smith (WA) Graves (GA) Mullin Westmoreland in deciding which scientific grants the I urge all Members to live up to that Herrera Beutler Quigley Federal scientific agency should fund. responsibility. Help do all we can to re- b 1708 What this really translates to, Mr. duce gun violence. Pass this motion to Speaker, is that these are areas that recommit. Messrs. SENSENBRENNER and some politicians do not want to fund Ms. EDWARDS. Mr. Speaker, using NUGENT changed their vote from because they don’t believe in sci- the public health approach, we have ‘‘aye’’ to ‘‘no.’’ entists. now eradicated smallpox, eliminated Messrs. ASHFORD and PETERS Just a week ago, 26-year-old polio in most countries, reduced motor changed their vote from ‘‘no’’ to ‘‘aye.’’ NeShante Davis, a second grade teach- vehicle deaths by 70 percent, and re- So the amendment was rejected. er in Fort Washington, and her 2-year- duced smoking rates by over half. The result of the vote was announced old daughter, Chloe, were gunned down We can do something about gun vio- as above recorded. because of child support. We have a gun lence, and we have an obligation to do The Acting CHAIR (Mr. BOST). There violence problem in the United States. it today. Just think if we were able to being no further amendment, under the According to The American Journal do the same thing to address the gun rule, the Committee rises. of Medicine, compared to other rich na- Accordingly, the Committee rose; violence epidemic. tions, Americans are 25 times more This is a small and yet powerful step and the Speaker pro tempore (Mr. likely to be violently killed with a fire- with research—just research—that MOONEY of West Virginia) having as- arm, 6 times more likely to be acciden- could lead to significantly reducing the sumed the chair, Mr. BOST, Acting tally killed with a gun, 8 times more number of Americans killed by fire- Chair of the Committee of the Whole likely to commit suicide using a fire- arms. House on the state of the Union, re- arm, and 10 times more likely to die All we want to do is look at the prob- ported that that Committee, having from a gun death overall. lem. All we want to do is measure the had under consideration the bill (H.R. To address this, Americans deserve magnitude. All we want to do is find 3293) to provide for greater account- the facts and Congress needs the solutions for NeShante Davis, 26 years ability in Federal funding for scientific breadth and the data for the epidemic. old, and her 2-year-old daughter, Chloe, research, to promote the progress of Using the public health approach, we gunned down—gunned down. science in the United States that have reduced smoking among Ameri- In every single community across serves that national interest, and, pur- cans from 43 percent, at the time of the this country, we can do this by ena- suant to House Resolution 609, he re- first Surgeon General’s report in 1964, bling the National Science Foundation ported the bill back to the House with to 18 percent. to just look into the issue and give us sundry amendments adopted in the some answers so that we can find solu- b 1715 Committee of the Whole. tions. We owe it to NeShante. We owe The SPEAKER pro tempore. Under Since the 1970s, using the public it to Chloe. We owe it to the American the rule, the previous question is or- health approach, we have reduced people. dered. deaths from motor vehicle crashes by I urge my colleagues on both sides of Is a separate vote demanded on any more than 70 percent. In 1970, there the aisle to treat this like the epidemic amendment reported from the Com- were over 55,000 deaths from motor ve- that it is. End gun violence in this mittee of the Whole? If not, the Chair hicle crashes per year. Today there are country. will put them en gros. around 30,000. I urge my colleagues to support my The amendments were agreed to. So what does the public health ap- commonsense motion. The SPEAKER pro tempore. The proach yield? Well, the essence is this: Mr. Speaker, I yield back the balance question is on the engrossment and define the problem, including its mag- of my time. third reading of the bill. nitude, nature, and distribution in the Mr. SMITH of Texas. Mr. Speaker, I The bill was ordered to be engrossed population; define the cause or risk and rise in opposition to the motion to re- and read a third time, and was read the protective factors for the problem. commit. third time. What are the characteristics to prevent The SPEAKER pro tempore. The gen- MOTION TO RECOMMIT the problem? tleman is recognized for 5 minutes. Ms. EDWARDS. Mr. Speaker, I have For example, educating people about Mr. SMITH of Texas. Mr. Speaker, I a motion to recommit at the desk. the risk of guns that come with gun oppose the motion to recommit. The SPEAKER pro tempore. Is the ownership and how to reduce that risk H.R. 3293, the Scientific Research in gentlewoman opposed to the bill? and develop widely implemented pro- the National Interest Act, is a bipar- Ms. EDWARDS. I am opposed. grams using proven strategies to pre- tisan bill that ensures the grant proc- The SPEAKER pro tempore. The vent the problem, public health can ess at the National Science Foundation Clerk will report the motion to recom- help solve this problem. is transparent and accountable to the mit. At this time, I yield to the gen- American people. The Clerk read as follows: tleman from California (Mr. America’s future economic growth Ms. Edwards moves to recommit the bill SWALWELL), my colleague and cospon- and national security depend on inno- H.R. 3293 to the Committee on Science, sor of the motion. vation. Public and private investments Space, and Technology with instructions to Mr. SWALWELL of California. I in research and development fuel the report the same back to the House forthwith, thank the gentlewoman from Maryland economy, create jobs, and lead to new with the following amendments: technologies that benefit Americans’ Page 4, line 13, strike ‘‘or’’. for yielding to me. Page 4, line 15, strike the period and insert Mr. Speaker, on every block in every daily lives. ‘‘; or’’. community across America, people are NSF invests about $6 billion of tax- Page 4, after line 15, insert the folowing: asking what is the Federal Government payers’ funds every year on research (H) increased understanding of the causes doing to keep our community safe from projects and related activities. Unfor- and prevention of gun violence. gun violence. They are asking for good tunately, in recent years, the Federal The SPEAKER pro tempore. The gen- reason. Government has awarded too many tlewoman from Maryland is recognized Nearly 11,000 Americans were victims grants that few Americans would con- for 5 minutes. of homicide by firearm in 2014. There sider to be in the national interest.

VerDate Sep 11 2014 03:30 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\A10FE7.028 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H692 CONGRESSIONAL RECORD — HOUSE February 10, 2016 Only one out of five grant proposals This is a 5-minute vote. Griffith McCarthy Rouzer are approved. We cannot fund every Grothman McCaul Royce The vote was taken by electronic de- Guinta McClintock Russell worthy proposal, much less frivolous vice, and there were—ayes 177, noes 241, Guthrie McHenry Salmon ones like $516,000 to create a video not voting 15, as follows: Hanna McKinley Sanford Hardy McMorris game called ‘‘Relive Prom Night.’’ [Roll No. 69] Scalise The legislation before us reaffirms in Harper Rodgers Schrader AYES—177 Harris McSally Schweikert law that every NSF grant must support Hartzler Meadows Adams Gabbard Napolitano Scott, Austin Heck (NV) Meehan research that is in the national inter- Aguilar Gallego Sensenbrenner Neal Hensarling Messer est. Ashford Garamendi Sessions Nolan Hice, Jody B. Mica Bass Graham Shimkus The 1950 enabling legislation that Norcross Hill Miller (MI) Beatty Grayson Shuster created the NSF set forth the Founda- O’Rourke Holding Moolenaar Becerra Green, Al Simpson Pallone Huelskamp Mooney (WV) tion’s mission and cited the national Bera Green, Gene Smith (MO) Pascrell Hultgren Mulvaney Beyer Grijalva Smith (NE) interest as the foundation for public Payne Hunter Murphy (PA) Blumenauer Gutie´rrez Smith (NJ) support and dissemination of basic sci- Pelosi Hurd (TX) Neugebauer Bonamici Hahn Smith (TX) Perlmutter Hurt (VA) Newhouse entific research. Boyle, Brendan Hastings Stefanik Peters Issa Noem The Science in the National Interest F. Heck (WA) Stewart Pingree Jenkins (KS) Nugent Brady (PA) Higgins Stivers Act reaffirms and restores this crucial Pocan Jenkins (WV) Nunes Brown (FL) Himes Stutzman mission and requires the NSF grants Polis Johnson (OH) Olson Brownley (CA) Hinojosa Johnson, Sam Palazzo Thompson (PA) meet at least one of seven criteria that Bustos Honda Price (NC) Jolly Palmer Thornberry Butterfield Hoyer Rangel demonstrate it is in the national inter- Jones Paulsen Tiberi Capps Huffman Rice (NY) est. This will add transparency, ac- Jordan Pearce Tipton Capuano Israel Richmond Joyce Perry Trott countability, and credibility to the Ca´ rdenas Jackson Lee Roybal-Allard Katko Peterson Turner NSF and its grant process. Carney Jeffries Ruiz Kelly (MS) Pittenger Upton Carson (IN) Johnson (GA) Ruppersberger Opponents of this bill must think Kelly (PA) Pitts Valadao Cartwright Johnson, E. B. Rush they know better than the NSF Direc- King (IA) Poe (TX) Wagner Castor (FL) Kaptur Ryan (OH) King (NY) Poliquin Walberg tor. Director Cordova testified before Chu, Judy Keating Sa´ nchez, Linda Kinzinger (IL) Pompeo Walden the House Science, Space, and Tech- Cicilline Kennedy T. Kline Posey Walker Clark (MA) Kildee Sarbanes nology Committee that the policy in Knight Price, Tom Walorski Clarke (NY) Kilmer H.R. 3293 is ‘‘compatible with the Schakowsky Labrador Ratcliffe Walters, Mimi Clay Kind Schiff LaHood Reed Weber (TX) NSF’s internal guidelines.’’ This legis- Cleaver Kirkpatrick Scott (VA) LaMalfa Reichert Webster (FL) Clyburn Kuster lation makes that standard clear, ex- Scott, David Lamborn Renacci Wenstrup Cohen Larson (CT) plicit, and permanent. Serrano Lance Ribble Westerman Connolly Lawrence Sewell (AL) Langevin Rice (SC) Whitfield Scientists still make the decisions. Conyers Lee Sherman Larsen (WA) Rigell Williams They just do not get a blank check Cooper Levin Sinema Latta Roby Wilson (SC) Courtney Lewis signed by the taxpayer. They need to Sires LoBiondo Roe (TN) Wittman Crowley Lieu, Ted be accountable to the American people Slaughter Long Rogers (AL) Womack Cuellar Lipinski Speier Loudermilk Rogers (KY) Woodall by showing their proposals are in the Cummings Loebsack Swalwell (CA) Love Rohrabacher Yoder Davis (CA) Lofgren national interest. Takai Lucas Rokita Yoho Davis, Danny Lowenthal The National Science Foundation has Takano Luetkemeyer Rooney (FL) Young (AK) DeFazio Lowey Thompson (CA) Lummis Ros-Lehtinen Young (IA) supported and continues to support DeGette Lujan Grisham Thompson (MS) MacArthur Roskam Young (IN) basic research into the causes and pre- Delaney (NM) Titus Marchant Ross Zeldin DeLauro Luja´ n, Ben Ray vention of crime and mass violence. Marino Rothfus Zinke DelBene (NM) Tonko NSF-funded research has included stud- Torres DeSaulnier Lynch NOT VOTING—15 ies of violent impulse behavior, cul- Deutch Maloney, Tsongas tural and social factors affecting pre- Dingell Carolyn Van Hollen Castro (TX) Herrera Beutler Mullin disposition to violence, the links be- Doggett Maloney, Sean Vargas Duckworth Hudson Quigley Doyle, Michael Massie Veasey Fincher Huizenga (MI) Sanchez, Loretta tween mental disorders and violent be- F. Matsui Vela Gowdy Kelly (IL) Smith (WA) havior, parenting and parental influ- Edwards McCollum Vela´ zquez Graves (GA) Miller (FL) Westmoreland Visclosky ences over their children’s disposition Ellison McDermott ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE toward violent behavior, and patterns Engel McGovern Walz Eshoo McNerney Wasserman The SPEAKER pro tempore (during of crime and violence in American cit- Esty Meeks Schultz the vote). There are 2 minutes remain- ies. Farr Meng Waters, Maxine ing. There is no need for this motion to Fattah Moore Watson Coleman recommit. In fact, it is an inappro- Foster Moulton Welch Frankel (FL) Murphy (FL) Wilson (FL) b 1727 priate earmark. For those reasons, I Fudge Nadler Yarmuth urge my colleagues to reject the mo- So the motion to recommit was re- tion to recommit and to support the NOES—241 jected. underlying bill. Abraham Burgess Diaz-Balart The result of the vote was announced Aderholt Byrne Dold as above recorded. Mr. Speaker, I yield back the balance Allen Calvert Donovan of my time. Amash Carter (GA) Duffy Stated against: The SPEAKER pro tempore. Without Amodei Carter (TX) Duncan (SC) Mr. MILLER of Florida. Mr. Speaker, on roll- objection, the previous question is or- Babin Chabot Duncan (TN) call No. 69, I was unavoidably detained. Had Barletta Chaffetz Ellmers (NC) I been present, I would have voted ‘‘nay.’’ dered on the motion to recommit. Barr Clawson (FL) Emmer (MN) There was no objection. Barton Coffman Farenthold The SPEAKER pro tempore. The The SPEAKER pro tempore. The Benishek Cole Fitzpatrick question is on the passage of the bill. question is on the motion to recommit. Bilirakis Collins (GA) Fleischmann The question was taken; and the Bishop (GA) Collins (NY) Fleming The question was taken; and the Bishop (MI) Comstock Flores Speaker pro tempore announced that Speaker pro tempore announced that Bishop (UT) Conaway Forbes the ayes appeared to have it. the noes appeared to have it. Black Cook Fortenberry RECORDED VOTE Blackburn Costa Foxx RECORDED VOTE Blum Costello (PA) Franks (AZ) Ms. EDDIE BERNICE JOHNSON of Ms. EDWARDS. Mr. Speaker, I de- Bost Cramer Frelinghuysen Texas. Mr. Speaker, I demand a re- mand a recorded vote. Boustany Crawford Garrett corded vote. Brady (TX) Crenshaw Gibbs A recorded vote was ordered. Brat Culberson Gibson A recorded vote was ordered. The SPEAKER pro tempore. Pursu- Bridenstine Curbelo (FL) Gohmert The SPEAKER pro tempore. This is a ant to clause 9 of rule XX, the Chair Brooks (AL) Davis, Rodney Goodlatte 5-minute vote. will reduce to 5 minutes the minimum Brooks (IN) Denham Gosar The vote was taken by electronic de- Buchanan Dent Granger time for any electronic vote on the Buck DeSantis Graves (LA) vice, and there were—ayes 236, noes 178, question of passage. Bucshon DesJarlais Graves (MO) not voting 19, as follows:

VerDate Sep 11 2014 05:14 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K10FE7.071 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE February 10, 2016 CONGRESSIONAL RECORD — HOUSE H693 [Roll No. 70] DelBene Kuster Rangel 3293—Scientific Research in the National In- DeSaulnier Langevin Rice (NY) AYES—236 Deutch Larsen (WA) Richmond terest Act. I am not recorded because I was Abraham Griffith Pearce Dingell Larson (CT) Ros-Lehtinen absent due to the birth of my son in San Anto- Aderholt Grothman Perry Doggett Lawrence Roybal-Allard nio, Texas. Had I been present, I would have Allen Guinta Peterson Dold Lee Ruiz voted ‘‘aye.’’ Doyle, Michael Levin Amash Guthrie Pittenger Ruppersberger Mr. Speaker, my vote was not recorded on Amodei Hardy Pitts F. Lewis Rush Ashford Harper Poe (TX) Edwards Lieu, Ted Ryan (OH) rollcall No. 70 on the final passage of H.R. Babin Harris Poliquin Ellison Loebsack Sa´ nchez, Linda 3293—Scientific Research in the National In- Barletta Hartzler Pompeo Engel Lofgren T. terest Act. I am not recorded because I was Barr Heck (NV) Posey Eshoo Lowenthal Sarbanes Barton Hensarling Price, Tom Esty Lowey Schakowsky absent due to the birth of my son in San Anto- Benishek Hice, Jody B. Ratcliffe Farr Lujan Grisham Schiff nio, Texas. Had I been present, I would have Bilirakis Hill Reed Fattah (NM) Schrader ´ voted ‘‘nay.’’ Bishop (MI) Holding Reichert Foster Lujan, Ben Ray Scott (VA) Frankel (FL) (NM) f Bishop (UT) Huelskamp Renacci Scott, David Fudge Lynch Black Hultgren Ribble Serrano Gabbard Maloney, AUTHORIZING THE USE OF EMAN- Blackburn Hunter Rice (SC) Sewell (AL) Gallego Carolyn CIPATION HALL IN THE CAPITOL Bost Hurd (TX) Rigell Sherman Garamendi Maloney, Sean Boustany Hurt (VA) Roby Sires VISITOR CENTER FOR A CERE- Graham Matsui Brady (TX) Issa Roe (TN) Slaughter MONY AS PART OF THE COM- Brat Jenkins (KS) Rogers (AL) Green, Al McCollum Green, Gene McDermott Speier MEMORATION OF THE DAYS OF Bridenstine Jenkins (WV) Rogers (KY) Swalwell (CA) Brooks (IN) Johnson (OH) Rohrabacher Grijalva McGovern REMEMBRANCE OF VICTIMS OF Gutie´rrez McNerney Takai Buchanan Johnson, Sam Rokita Takano THE HOLOCAUST Buck Jolly Hahn Meeks Rooney (FL) Thompson (CA) Bucshon Jones Roskam Hanna Meng Mr. HARPER. Mr. Speaker, I ask Thompson (MS) Burgess Jordan Ross Hastings Moore Titus unanimous consent that the Com- Byrne Joyce Rothfus Heck (WA) Moulton Tonko mittee on House Administration be dis- Calvert Katko Rouzer Higgins Murphy (FL) Torres Carter (GA) Kelly (MS) Royce Himes Nadler charged from further consideration of Tsongas Carter (TX) Kelly (PA) Russell Hinojosa Napolitano House Concurrent Resolution 111, and Van Hollen Chabot King (IA) Salmon Honda Neal Vargas ask for its immediate consideration in Chaffetz King (NY) Sanford Hoyer Nolan Veasey the House. Clawson (FL) Kinzinger (IL) Scalise Huffman Norcross Coffman Kline Schweikert Israel O’Rourke Vela The Clerk read the title of the con- ´ Cole Knight Scott, Austin Jackson Lee Pallone Velazquez current resolution. Visclosky Collins (GA) Labrador Sensenbrenner Jeffries Pascrell The SPEAKER pro tempore (Mr. Collins (NY) LaHood Sessions Johnson (GA) Payne Walz Comstock LaMalfa Shimkus Johnson, E. B. Pelosi Wasserman MACARTHUR). Is there objection to the Conaway Lamborn Shuster Kaptur Perlmutter Schultz request of the gentleman from Mis- Cook Lance Simpson Keating Peters Waters, Maxine sissippi? Kennedy Pingree Watson Coleman Costa Latta Sinema There was no objection. Costello (PA) Lipinski Smith (MO) Kildee Pocan Welch Cramer LoBiondo Smith (NE) Kilmer Polis Wilson (FL) The text of the concurrent resolution Crawford Long Smith (NJ) Kirkpatrick Price (NC) Yarmuth is as follows: Crenshaw Loudermilk Smith (TX) NOT VOTING—19 H. CON. RES. 111 Cuellar Love Stefanik Culberson Lucas Stewart Blum Herrera Beutler Quigley Resolved by the House of Representatives (the Davis, Rodney Luetkemeyer Stivers Brooks (AL) Hudson Sanchez, Loretta Senate concurring), Castro (TX) Huizenga (MI) Smith (WA) Denham Lummis Stutzman SECTION 1. USE OF EMANCIPATION HALL FOR Dent MacArthur Thompson (PA) Duckworth Kelly (IL) Westmoreland Fincher Kind HOLOCAUST DAYS OF REMEM- DeSantis Marchant Thornberry Wittman BRANCE CEREMONY. DesJarlais Marino Tiberi Gowdy Massie Diaz-Balart McCarthy Tipton Graves (GA) Mullin Emancipation Hall in the Capitol Visitor Donovan McCaul Trott Center is authorized to be used on May 5, ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Duffy McClintock Turner 2016, for a ceremony as part of the com- Duncan (SC) McHenry Upton The SPEAKER pro tempore (Mr. POE memoration of the days of remembrance of Duncan (TN) McKinley Valadao of Texas) (during the vote). There are 2 victims of the Holocaust. Physical prepara- Ellmers (NC) McMorris Wagner minutes remaining. tions for the conduct of the ceremony shall Emmer (MN) Rodgers Walberg be carried out in accordance with such condi- Farenthold McSally Walden b 1733 Fitzpatrick Meadows Walker tions as may be prescribed by the Architect Fleischmann Meehan Walorski So the bill was passed. of the Capitol. Fleming Messer Walters, Mimi The result of the vote was announced The concurrent resolution was agreed Flores Mica Weber (TX) as above recorded. to. Forbes Miller (FL) Webster (FL) A motion to reconsider was laid on Fortenberry Miller (MI) Wenstrup A motion to reconsider was laid on Foxx Moolenaar Westerman the table. the table. Franks (AZ) Mooney (WV) Whitfield Stated against: Frelinghuysen Mulvaney Williams Mr. KIND. Mr. Speaker, during rollcall vote f Garrett Murphy (PA) Wilson (SC) UNITED STATES-JORDAN DEFENSE Gibbs Neugebauer Womack No. 70 on H.R. 3293, I was unavoidably de- Gibson Newhouse Woodall tained. Had I been present, I would have COOPERATION ACT OF 2015 Gohmert Noem Yoder voted ‘‘no.’’ Ms. ROS-LEHTINEN. Mr. Speaker, I Goodlatte Nugent Yoho PERSONAL EXPLANATION Gosar Nunes Young (AK) ask unanimous consent to take from Granger Olson Young (IA) Mr. GRAVES of Georgia. Mr. Speaker, I the Speaker’s table the bill (H.R. 907) Graves (LA) Palazzo Young (IN) was absent today to attend the funeral of a to improve defense cooperation be- Graves (MO) Palmer Zeldin family member. Had I been present, on rollcall Grayson Paulsen Zinke tween the United States and No. 68, I would have voted ‘‘no,’’ on rollcall Hashemite Kingdom of Jordan, with NOES—178 No. 69, I would have voted ‘‘no,’’ and on roll- the Senate amendment thereto, and Adams Bustos Clyburn call No. 70, I would have voted ‘‘yea.’’ concur in the Senate amendment. Aguilar Butterfield Cohen PERSONAL EXPLANATION The Clerk read the title of the bill. Bass Capps Connolly Beatty Capuano Conyers Mr. CASTRO of Texas. Mr. Speaker, my The SPEAKER pro tempore. The Becerra Ca´ rdenas Cooper vote was not recorded on rollcall No. 68 on Clerk will report the Senate amend- Bera Carney Courtney the Eddie Bernice Johnson Amendment for ment. Beyer Carson (IN) Crowley consideration of H.R. 3293—Scientific Re- The Clerk read as follows: Bishop (GA) Cartwright Cummings Blumenauer Castor (FL) Curbelo (FL) search in the National Interest Act. I am not Senate amendment: Bonamici Chu, Judy Davis (CA) recorded because I was absent due to the Strike all after the enacting clause and in- Boyle, Brendan Cicilline Davis, Danny birth of my son in San Antonio, Texas. Had I sert the following: F. Clark (MA) DeFazio Brady (PA) Clarke (NY) DeGette been present, I would have voted ‘‘aye.’’ SECTION 1. SHORT TITLE. Brown (FL) Clay Delaney Mr. Speaker, my vote was not recorded on This Act may be cited as the ‘‘United States- Brownley (CA) Cleaver DeLauro rollcall No. 69 on the Motion to recommit H.R. Jordan Defense Cooperation Act of 2015’’.

VerDate Sep 11 2014 05:25 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00041 Fmt 4634 Sfmt 6333 E:\CR\FM\A10FE7.032 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H694 CONGRESSIONAL RECORD — HOUSE February 10, 2016 SEC. 2. FINDINGS. SEC. 5. ENHANCED DEFENSE COOPERATION. ganization, or member country of such organi- Congress makes the following findings: (a) IN GENERAL.—During the 3-year period be- zation, has effectively shared information with (1) As of January 22, 2015, the United States ginning on the date of the enactment of this the United States for the purpose of preventing, Government has provided $3,046,343,000 in as- Act, the Hashemite Kingdom of Jordan shall be investigating, detecting, or prosecuting criminal sistance to respond to the Syria humanitarian treated as if it were a country listed in the pro- offenses and has appropriate privacy protec- crisis, of which nearly $467,000,000 has been provisions of law described in subsection (b) for tions for such shared information; vided to the Hashemite Kingdom of Jordan. purposes of applying and administering such (B) the country or regional economic integra- (2) As of January 2015, according to the provisions of law. tion organization, or member country of such United Nations High Commissioner for Refugees, (b) ARMS EXPORT CONTROL ACT.—The provi- organization, permits the transfer of personal there were 621,937 registered Syrian refugees in sions of law described in this subsection are— data for commercial purposes between the terri- Jordan and 83.8 percent of whom lived outside (1) subsections (b)(2), (d)(2)(B), (d)(3)(A)(i), tory of that country or regional economic orga- refugee camps. and (d)(5) of section 3 of the Arms Export Con- nization and the territory of the United States, (3) In 2000, the United States and Jordan trol Act (22 U.S.C. 2753); through an agreement with the United States or signed a free-trade agreement that went into (2) subsections (e)(2)(A), (h)(1)(A), and (h)(2) otherwise; and force in 2001. of section 21 of such Act (22 U.S.C. 2761); (C) the Attorney General has certified that the (4) In 1996, the United States granted Jordan (3) subsections (b)(1), (b)(2), (b)(6), (c), and policies regarding the transfer of personal data major non-NATO ally status. (d)(2)(A) of section 36 of such Act (22 U.S.C. for commercial purposes and related actions of (5) Jordan is suffering from the Syrian refugee 2776); the country or regional economic integration or- crisis and the threat of the Islamic State of Iraq (4) section 62(c)(1) of such Act (22 U.S.C. ganization, or member country of such organi- and the Levant (ISIL). 2796a(c)(1)); and zation, do not materially impede the national (6) The Government of Jordan was elected as (5) section 63(a)(2) of such Act (22 U.S.C. security interests of the United States. a non-permanent member of the United Nations 2796b(a)(2)). (2) REMOVAL OF DESIGNATION.—The Attorney Security Council for a 2-year term ending in De- SEC. 6. MEMORANDUM OF UNDERSTANDING. General may, with the concurrence of the Sec- cember 2015. Subject to the availability of appropriations, retary of State, the Secretary of the Treasury, (7) Enhanced support for defense cooperation the Secretary of State is authorized to enter into and the Secretary of Homeland Security, revoke with Jordan is important to the national secu- a memorandum of understanding with the the designation of a foreign country or regional rity of the United States, including through cre- Hashemite Kingdom of Jordan to increase eco- economic integration organization, or member ation of a status in law for Jordan similar to the nomic support funds, military cooperation, in- country of such organization, as a ‘‘covered countries in the North Atlantic Treaty Organi- cluding joint military exercises, personnel ex- country’’ if the Attorney General determines zation, Japan, Australia, the Republic of Korea, changes, support for international peacekeeping that such designated ‘‘covered country’’— Israel, and New Zealand, with respect to consid- missions, and enhanced strategic dialogue. (A) is not complying with the agreement de- eration by Congress of foreign military sales to Ms. ROS-LEHTINEN (during the scribed under paragraph (1)(A)(i); Jordan. (B) no longer meets the requirements for des- (8) The Colorado National Guard’s relation- reading). Mr. Speaker, I ask unanimous ignation under paragraph (1)(A)(ii); ship with the Jordanian military provides a sig- consent that the amendment be consid- (C) fails to meet the requirements under para- nificant benefit to both the United States and ered as read. graph (1)(B); Jordan. The SPEAKER pro tempore. Is there (D) no longer meets the requirements for cer- (9) Jordanian pilot Moaz al-Kasasbeh was objection to the request of the gentle- tification under paragraph (1)(C); or brutally murdered by ISIL. woman from Florida? (E) impedes the transfer of information (for (10) On February 3, 2015, Secretary of State There was no objection. purposes of reporting or preventing unlawful John Kerry and Jordanian Foreign Minister The SPEAKER pro tempore. Is there activity) to the United States by a private entity Nasser Judeh signed a new Memorandum of Un- or person. objection to the original request of the derstanding that reflects the intention to in- Mr. GOODLATTE (during the read- crease United States assistance to the Govern- gentlewoman from Florida? ment of Jordan from $660,000,000 to There was no objection. ing). Mr. Speaker, I ask unanimous $1,000,000,000 for each of the years 2015 through A motion to reconsider was laid on consent that the reading be dispensed 2017. the table. with. (11) On December 5, 2014, in an interview on The SPEAKER pro tempore. Is there f CBS This Morning, Jordanian King Abdullah II objection to the request of the gen- stated— JUDICIAL REDRESS ACT OF 2015 tleman from Virginia? (A) in reference to ISIL, ‘‘This is a Muslim Mr. GOODLATTE. Mr. Speaker, I ask There was no objection. problem. We need to take ownership of this. We The SPEAKER pro tempore. Is there need to stand up and say what is wrong’’; and unanimous consent to take from the (B) ‘‘This is our war. This is a war inside Speaker’s table the bill (H.R. 1428) to objection to the original request of the Islam. So we have to own up to it. We have to extend Privacy Act remedies to citi- gentleman from Virginia? take the lead. We have to start fighting back.’’. zens of certified states, and for other There was no objection. SEC. 3. STATEMENT OF POLICY. purposes, with the Senate amendment A motion to reconsider was laid on It should be the policy of the United States— thereto, and concur in the Senate the table. (1) to support the Hashemite Kingdom of Jor- amendment. f dan in its response to the Syrian refugee crisis; The Clerk read the title of the bill. NO VETERAN DIES ALONE (2) to provide necessary assistance to alleviate The SPEAKER pro tempore. The the domestic burden to provide basic needs for (Ms. MCSALLY asked and was given the assimilated Syrian refugees; Clerk will report the Senate amend- (3) to cooperate with Jordan to combat the ter- ment. permission to address the House for 1 rorist threat from the Islamic State of Iraq and The Clerk read as follows: minute and to revise and extend her re- the Levant (ISIL) or other terrorist organiza- Senate amendment: marks.) tions; and On page 3, strike line 6 and all that follows Ms. MCSALLY. Mr. Speaker, it has (4) to help secure the border between Jordan through page 4 line 21, and insert: been said that no veteran dies alone. and its neighbors Syria and Iraq. (d) DESIGNATION OF COVERED COUNTRY.— Yesterday, southern Arizona proved SEC. 4. SENSE OF CONGRESS. (1) IN GENERAL.—The Attorney General may, that true in an amazing way. It is the sense of Congress that— with the concurrence of the Secretary of State, Recently, Sierra Vista resident Ser- (1) expeditious consideration of certifications the Secretary of the Treasury, and the Secretary geant First Class Sidney D. Cochran of letters of offer to sell defense articles, defense of Homeland Security, designate a foreign coun- passed away at the age of 93. He served services, design and construction services, and try or regional economic integration organiza- major defense equipment to the Hashemite King- tion, or member country of such organization, 20 years in the U.S. Army, serving in dom of Jordan under section 36(b) of the Arms as a ‘‘covered country’’ for purposes of this sec- both World War II and Korea, but died Export Control Act (22 U.S.C. 2776(b)) is fully tion if— without any family to attend his fu- consistent with United States security and for- (A)(i) the country or regional economic inte- neral. A call went out at the end of last eign policy interests and the objectives of world gration organization, or member country of such week on social media to encourage peace and security; organization, has entered into an agreement anyone to attend his service. Over 300 (2) Congress welcomes the statement of King with the United States that provides for appro- people came out to show their respects. Abdullah II quoted in section (2)(11); and priate privacy protections for information The Sierra Vista Herald reported (3) it is in the interest of peace and stability shared for the purpose of preventing, inves- for regional members of the Global Coalition to tigating, detecting, or prosecuting criminal of- that American Legion Riders escorted Combat ISIL to continue their commitment to, fenses; or Sergeant Cochran to the cemetery, and increase their involvement in, addressing (ii) the Attorney General has determined that where members of the Tucson-based the threat posed by ISIL. the country or regional economic integration or- Patriot Guard Riders were waiting to

VerDate Sep 11 2014 03:36 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\A10FE7.036 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE February 10, 2016 CONGRESSIONAL RECORD — HOUSE H695 greet him. Fort Huachuca’s Honor Here is a poster of our sailors surren- The Dolphins Cancer Challenge raises Guard carried him to his final resting dering to the small boat of Iranians. money for the University of Miami’s place, and an Arizona National Guard The bottom photograph apparently Sylvester Comprehensive Cancer Cen- helicopter conducted a flyover. The shows arms taken off the two Amer- ter to help ‘‘tackle cancer’’—to the manager of the cemetery remarked ican boats. I assume the Iranians kept tune of $11.5 million since its inception that she had never seen a service like those. in 2010. that before. Iran’s Supreme Leader has awarded This event was inspired by Jim ‘‘Mad Mr. Speaker, I applaud everyone in victory medals to its navy commanders Dog’’ Mandich, whom we see pictured my district who took the time to give for capturing the Americans. here, whom we tragically lost to cancer Sergeant Cochran the honor he de- International law states that anyone nearly 5 years ago. served. Southern Arizona is unique for can have innocent passage through a A champion both on and off the field, so many reasons, and not least of all is state’s territorial waters, as long as it the ‘‘Mad Dog’’ was a key contributor the amazing way our community shows is nonthreatening, continuous, and ex- for the still-perfect and still-peerless, appreciation for our veterans and their peditious. undefeated 1972 Miami Dolphins. But Jim was perhaps best known and service. Iran claimed the Americans were loved for his broadcasting work, where f sent to spy. These claims turned out to he cheered our own Dolphins with his CYBERSECURITY NATIONAL be delusional. Iran acted without con- patented ‘‘Alright Miami.’’ ACTION PLAN sequences, and the U.S. did not act at So please ride, run, or walk with me all. (Mr. LANGEVIN asked and was given at the Dolphins Cancer Challenge to Many questions remain. Where was permission to address the House for 1 help support Sylvester’s innovative the effective air cover for the Navy? minute and to revise and extend his re- cancer care. Why did the sailors ‘‘give up the ship’’? marks.) f Mr. LANGEVIN. Mr. Speaker, yester- Who gave the order to surrender? The Navy needs to let the American MANMADE DISASTER IN FLINT, day, the President announced his Cy- MICHIGAN bersecurity National Action Plan in public know how two American boats conjunction with his 2017 budget pro- were confiscated by the Iranians and (Ms. LEE asked and was given per- posal. This proposal starts with a why it happened. mission to address the House for 1 much-needed investment in Federal cy- And that is just the way it is. minute.) Ms. LEE. Mr. Speaker, I rise to join bersecurity: a 35 percent increase in f my colleagues in decrying this man- spending anchored by a $3.1 billion re- FLINT WATER CRISIS made disaster that is affecting the resi- volving fund designed to kick-start the (Mr. PAYNE asked and was given dents in the city of Flint, Michigan. modernization of outdated government Every day we learn more about how IT systems—something that is sorely permission to address the House for 1 minute and to revise and extend his re- the Governor and Michigan public offi- needed. cials made decisions that sacrificed the The Action Plan is notable for its marks.) health and futures of the Flint resi- emphasis on centralizing Federal cy- Mr. PAYNE. Mr. Speaker, in Michi- dents in order to save a few dollars. bersecurity, something I have long gan, thousands of young children were That is just plain wrong. The people of called for. While the CISO created poisoned because Governor Snyder used a contaminated water source to cut Flint deserve better. We cannot stand under the plan does not have all au- silent while Americans, while children, costs. Last year, in my State of New thorities I think the position requires, are poisoned. it is certainly a step in the right direc- Jersey, over 3,000 children under 6 Flint is a majority African American tion. years old were afflicted with dangerous city, and the average household income The plan also makes needed invest- levels of lead, according to a new re- is just $24,834—that is a year—which is ments in workforce development, in- port. barely half of Michigan’s average cluding the very successful CyberCorps Four of the communities I represent household income. Would the same de- program, and charters a Presidential in Congress—Irvington, East Orange, cisions have been made had this been commission to do more long-range Newark, and Jersey City—have dan- in an affluent community? I doubt it. planning in the domain. gerous lead levels. At the same time, Earlier today, this House passed the I commend the President’s effort, our runaway Governor continues to bipartisan Safe Drinking Water Act which reflects an appropriately stra- roll back protections for clean water. Improved Compliance Awareness Act, tegic adjustment to the breach of Of- It is a national disgrace that children but we can and must do more to pre- fice of Personnel Management systems in New Jersey, Michigan, and other vent this from ever happening again. last year; however, I hope we will le- U.S. States are being poisoned by lead Our response must be comprehensive verage this increased attention to ad- in the year 2016. Many of these children and urgent. It is a state of emergency dress the challenges of tomorrow, not will suffer irreparable harm, never that requires Members of Congress to just those of yesterday. reaching their full potential, because find all of the Federal resources pos- f of the neglect and indifference of their sible to demonstrate that we are really IRAN VIOLATES INTERNATIONAL leaders. and truly our brothers’ and sisters’ LAW We have a moral obligation to pro- keeper. tect the health and well-being of our f (Mr. POE of Texas asked and was communities, especially our children. given permission to address the House Let’s meet it. PRESIDENT OBAMA’S FY 2017 for 1 minute and to revise and extend BUDGET AND CRUSHING DEBT f his remarks.) (Mr. ROTHFUS asked and was given Mr. POE of Texas. Mr. Speaker, it b 1745 permission to address the House for 1 was a routine exercise, sailing from minute and to revise and extend his re- Kuwait to Bahrain through the Persian SUPPORTING THE DOLPHINS CAN- CER CHALLENGE AND SYL- marks.) Gulf, until, allegedly, the navigation Mr. ROTHFUS. Mr. Speaker, this is VESTER COMPREHENSIVE CAN- system failed on one of the two U.S. the cover of President Obama’s last CER CENTER gunboats. Mysteriously, the boats lost budget proposal. Whether or not the communication. (Ms. ROS-LEHTINEN asked and was administration intended it, it is a fit- Next, 10 American sailors surren- given permission to address the House ting and appropriate cover because it dered and were captured by Iran. They for 1 minute and to revise and extend symbolizes the mountain of debt Presi- were led off the boat at gunpoint and her remarks.) dent Obama will leave behind. held hostage. Iran, unsurprisingly, vio- Ms. ROS-LEHTINEN. Mr. Speaker, I His latest budget proposal increases lated Article 13 of the Geneva Conven- rise today to urge south Floridians to spending by a record-breaking 4.9 per- tion by failing to protect our sailors join me at the Dolphins Cancer Chal- cent, or $2.5 trillion over the next dec- from ‘‘insults and public curiosity.’’ lenge on Saturday, February 20. ade. The President’s budget leaves our

VerDate Sep 11 2014 03:36 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K10FE7.079 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H696 CONGRESSIONAL RECORD — HOUSE February 10, 2016 children and grandchildren burdened tigious award. He is presently serving youngest members who have gone with an unfathomable mountain of in his 11th term in office and third across the country to 11 cities, now, debt, regulations, and taxes; and like term as chairman of the House Human talking to young people about their de- every other budget he has presented, it Services Committee. mocracy and what they care about. never balances. This budget is reckless Representative DiGirolamo stead- We were just in Dallas this past Fri- and unconscionable. fastly continues his advocacy of issues day, hosted in the Dallas/Fort Worth When President Obama took office on related to drug and alcohol treatment area by Congressman MARC VEASEY, as January 20, 2009, the national debt was and prevention, physical and intellec- well as being joined by Congressman $10.6 trillion; yet Mr. Obama has in- tual disabilities, and individuals with RUBEN GALLEGO of Phoenix. creased the national debt to $19 tril- mental illness. Additionally, he wrote Today we are following up on what lion, and this budget would increase legislation that increased funding for we heard in Dallas and what we have our national debt to $27.4 trillion over vital rehabilitation centers, while es- heard in many of the cities before it, the next decade—more than twice the tablishing a separate cabinet agency which is, for all the issues facing debt when he first took office. for the important effort that stream- millennials, many of them understand This cover will be part of the Ar- lined drug and alcohol treatment serv- that, at the root of the problem is the chives of the United States. It will be a ices in Pennsylvania. influence of outside money in politics fitting historical record for the moun- Representative DiGirolamo has pro- and access to the ballot box. tains of debt it represents. vided leadership to his associates and Joining us tonight is one of the lead- constituents and set an example for f ers in the House on the issue of money others to follow, and I am honored to and politics, Congressman JOHN SAR- DATA COLLECTION call him my friend. BANES of Maryland. He is the lead spon- (Mr. JOHNSON of Georgia asked and Congratulations, Gene. sor of the Government By the People was given permission to address the f Act. House for 1 minute and to revise and PRESQUE ISLE STATE PARK Also we will be joined by Congress- extend his remarks.) BEACH REPLENISHMENT man KILMER, from the Seattle area, Mr. JOHNSON of Georgia. Mr. Speak- and Delegate PLASKETT, from the Vir- er, data collection affects countless (Mr. THOMPSON of Pennsylvania gin Islands. Americans and touches many parts of asked and was given permission to ad- So I am going to first ask Congress- dress the House for 1 minute and to re- our lives. Data collection is very per- man SARBANES this question, which we sonal and may include your location, vise and extend his remarks.) have heard from so many millennials Mr. THOMPSON of Pennsylvania. photos, messages, and many of the across the country: What can we do to Mr. Speaker, earlier this week I joined things that make up who we are; yet restore their faith in their govern- my colleagues—Representative MIKE we lack basic rights for data collected ment? KELLY from Pennsylvania’s Third Con- on mobile devices. I yield to the gentleman from Mary- gressional District, along with Penn- This week, I introduced a pair of bills land (Mr. SARBANES). sylvania Senators PAT TOOMEY and BOB to safeguard consumer privacy: Mr. SARBANES. Mr. Speaker, first of H.R. 4517, the APPS Act, will bolster CASEY, JR.—in sending a letter to the all, let me thank the gentleman, Con- Assistant Secretary of the Army. In consumer privacy by requiring app de- gressman SWALWELL, of the Future velopers to maintain privacy policies, that letter, we requested that Presque Forum, for convening us around issues obtain consent from consumers before Isle State Park remain a high-priority here in the Chamber and out in the collecting data, and securely maintain project for the Army Corps of Engi- country that are particularly impor- the data they collect. neers’ budget for the fiscal year 2016. tant and critical for the next genera- Presque Isle State Park is located H.R. 4516, the Data Act, would re-cre- tion out there, and what we can do to along 7 miles of Lake Erie’s shoreline. ate transparency and control for con- bring their interests in, bring them The park’s beaches require proper care sumers over their personal data and into the political town square, if you and nourishment every single year to provide consumers with the tools to will, and get the benefit of their voices. fight their constant erosion. The gentleman is absolutely right to correct the record and minimize collec- More than 4 million people visit point to the challenge, the problem we tion. Presque Isle State Park each year, have. Many young people, many Ameri- Privacy is an issue that should unite making it Pennsylvania’s most visited cans of all ages these days feel that us, not drive us apart. It is past time State park. The park is woven into the their voice really isn’t accounted for for our laws to reflect this reality social fabric of the region and is a here in Washington. Their sense is that through commonsense rules for data highly important part of northwestern there is kind of an insider game being collection, transparency, and use. Pennsylvania’s economy. f It is my hope that the U.S. Army played, that big money and special interests hold particular sway in this CONGRATULATING PENNSYLVANIA Corps of Engineers will continue to support replenishment of this vital replace, and the voice of everyday Ameri- STATE REPRESENTATIVE GENE cans, average citizens, just doesn’t DIGIROLAMO FOR RECEIVING source for the Erie region, preserving these beaches for future generations. have a place. THE 2016 DR. NATHAN DAVIS That has led to cynicism, it has led AWARD FOR OUTSTANDING GOV- f to anger, it has led to frustration, and ERNMENT SERVICE FUTURE FORUM it has led to a lot of people deciding to (Mr. FITZPATRICK asked and was The SPEAKER pro tempore. Under exit the political arena. given permission to address the House the Speaker’s announced policy of Jan- It doesn’t mean they are not pas- for 1 minute and to revise and extend uary 6, 2015, the gentleman from Cali- sionate about things. That is clearly his remarks.) fornia (Mr. SWALWELL) is recognized for the case. You see a lot of young people Mr. FITZPATRICK. Mr. Speaker, I 60 minutes as the designee of the mi- who are focused on climate change, on rise to congratulate State Representa- nority leader. the economy, on jobs, on issues that tive Gene DiGirolamo, of Bucks Coun- Mr. SWALWELL of California. Mr. are important to them. They have just ty, Pennsylvania, who will be honored Speaker, we are here for another Fu- kind of given up that maybe Wash- this month with the American Medical ture Forum discussion, and tonight our ington and Congress are the places Association’s 2016 Dr. Nathan Davis topic is restoring our democracy, cam- where important decisions and progress Award for Outstanding Government paign finance, and voting rights. can be made on those issues. Service, which is named for its founder. Americans agree, our voting system So the challenge for us is: How do we Representative DiGirolamo’s dedica- and our political system is broken, and bring people back? How do we get them tion to the betterment of public health the integrity of our democracy is at back into the conversation so we can through advocacy and legislative work stake. benefit from what a pluralistic demo- in the Pennsylvania House of Rep- Future Forum is a House Democratic cratic society is all about, which is, resentatives earned him this pres- Caucus group consisting of 17 of our you get people in there, you tussle

VerDate Sep 11 2014 05:14 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K10FE7.081 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE February 10, 2016 CONGRESSIONAL RECORD — HOUSE H697 around, you put your views out, you voting at all, and those numbers are tics and to try to restore the people’s reach a compromise, and then you even worse when it comes to millennial power back. move forward? That is what progress is voters. Because, if you look at some the ex- all about. I think as Mr. SARBANES said, it is traordinary things that have happened I think one of the critical ways to ad- not that they don’t care, there are a lot in this country, whether it be the civil dress this is we have got to look at re- of things that they care about. But it rights movement or advances made in vamping the way we fund campaigns in is, I think, out of a fair belief that environmental protection or any num- this country. So the gentleman is right there is too much money, too many ber of things, they have happened when to call attention to that, and we have deep pockets, and too many special in- everyday Americans, citizens, are able a lot of leadership here in the House terests that are driving our democracy. to take hold of their government and that is focused on what we can do to This week Politico came out with a to actually make a difference in their kind of restore the voices of everyday report that the 100 biggest donors of government. Americans. the 2016 cycle have spent $195 million. I think each of us is trying to do I appreciate your citing the Govern- That is more than the combined total that, certainly from a policy stand- ment By the People Act, which is re- of 2 million small donors. So I think it point. Next week I am doing seven form legislation that we have intro- is fair to say that millennial voters see townhall meetings in my district to try duced in this Congress. We have almost that dynamic and believe that their to make sure that everyday Americans 160 cosponsors, including, I think, ev- voice is getting drowned out in the have a voice in their democracy. erybody who is going to speak this process. But you look at charts like that and evening as part of the Future Forum. Mr. SWALWELL. If you look at this I think it makes it very hard for people The idea there is just to basically go chart here, 158 families gave nearly 50 to feel any sense of impact and efficacy build a different way of funding cam- percent of the early 2016 donations. and feel like their voice is being heard. paigns that puts everyday citizens How does that make you feel? I think it is an important conversation back at the center, so they are the If you are a part of the largest gen- for us to be having because we need to linchpin, they are the driver, where eration America has ever known, 80 change that. Mr. SWALWELL. Your proposals to small donations can earn matching million people, the most diverse gen- have reforms with more teeth are quite funds and help to power the campaign eration America has ever known, how does it make you feel when 158 families popular across the country. I don’t of Members of Congress and candidates know if you knew this, but it has are contributing over 50 percent? out there who want to run and become strong support across a cross-section of part of this place. There will be a place Mr. KILMER. I think it drives the importance of some of the change that the electorate. for candidates to turn to support their For example, majorities of Demo- we are talking about here tonight. Cer- campaigns other than to the special in- cratic voters, 72 percent women and 84 tainly, the Government By the People terests and the big money crowd. percent men, support small donor re- Act is a key part of that, trying to get We can build a system like that that forms. Independent voters, 60 percent is viable, that puts everyday citizens at the deep pockets and special interest of the women polled and 66 percent of the center of it. And I think if we do influence away and actually empower the men polled supported it. Among that, young people and people, frankly, the everyday American and millennial Republican voters, 57 percent of the of all ages and stripes are going to de- voters. women supported it, and 53 percent of cide they want to step back into the There are other things we have to do the men have supported small donor re- political space because they will feel as well. You see this problem exacer- forms. appreciated again, like their voice bated by the Citizens United decision. So I want to ask Congressman SAR- matters. Many of us are cosponsors of a con- BANES—and then I see we are now stitutional amendment to undo that b 1800 joined by Congressman VEASEY as Supreme Court decision. well—how has money and politics also So I look forward to the discussion You have seen efforts focused on try- worked to disenfranchise voters? Be- tonight, and I want to thank you for ing to at least shine a bright light on cause Congressman VEASEY and I heard your work on the Future Forum and where some of this dark money is com- in the Dallas/Fort Worth area about particularly calling attention tonight ing from. There is a bill called the DIS- how voting laws that have been put in to this issue of money and politics, how CLOSE Act that at least tries to focus place have made it actually quite hard we address it, and how we bring the on that issue. to show up and vote. We heard about voices of everyday citizens back into Then the other thing that I have the purging of people from the voter the mix into the people’s House. worked on is trying to put the teeth rolls. Mr. SWALWELL. I want to again back into the watchdog of our cam- What is the connection there when thank my colleague from the Balti- paign finance system. So, after Water- you have outside interests drowning more area in Maryland. gate, you saw the Federal Election out voices, putting in who they want as I want to ask Congressman KILMER. Commission established. That was real- policymakers, and then the effect on The Future Forum went to Seattle. We ly meant to be the watchdog to make the rules that go into place as far as visited college campuses in the Tacoma sure people weren’t violating campaign how we govern our election? and Seattle area. We went to a couple finance law and that they were playing Mr. SARBANES. You can talk about of the big businesses in your area with by the rules. the effect on the rules. You can just a millennial workforce. Unfortunately, as time has passed, also talk about the effect on the enthu- We heard in Tacoma the same thing the Federal Election Commission has siasm for voting, period. that we heard when we went to the almost become as dysfunctional as the If people are convinced that money Manchester, New Hampshire, area and United States Congress. The con- calls the shots, then they are going to the same thing that we heard in the sequence of that is people are playing look at voting as just being asked to Dallas area, which is that millennials fast and loose with the rules. come out on election day and decide just think that the system is rigged You see the rise of super-PACs and which of two people to send to Wash- and there is no reason to participate. this whole question of coordination, ington to work for somebody else. The numbers show that. Roughly 22 particularly in the Presidential cam- Look at the issue of access to the percent of the eligible millennials paigns, and it is a real problem. So we ballot box and protecting access to the showed up to vote in 2014. put forward a bill that is called the Re- ballot box. Last year I had the oppor- What are you hearing in the Seattle storing Integrity to America’s Elec- tunity with many Members of Congress area about this issue? tions Act. Very simply, it tries to put to go down to Selma with JOHN LEWIS Mr. KILMER. I think that is pretty teeth back into the Federal Election and remember the foot soldiers from 50 consistent with what we hear in our Commission. years ago who fought for the right to neck of the woods. You saw in the last So there are all sorts of things that vote. election season two-thirds of Ameri- we have got to do on this front to try We talked about protecting access to cans cast a no-confidence vote by not to reduce the role of money in our poli- the ballot box. But just as important is

VerDate Sep 11 2014 03:38 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K10FE7.083 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H698 CONGRESSIONAL RECORD — HOUSE February 10, 2016 protecting the ballot box’ opportunity tures all across the country. That is home to vote in their home counties to get to Washington without being hi- the promise of small donor reform. and they show their student ID card— jacked along the way. Then we can bring young people in a student ID card, again, that is issued Because that undermines the fran- here. Then we can get the benefit of by the State of Texas—they cannot chise, too. People bleed and sweat to their wisdom not just as donors and vote. They will be given a provisional get to the ballot box. You have to not just as small donors, but as can- ballot. It won’t count. make sure that ballot box is preserved didates and public servants. When young people hear things like on its way to Washington. Mr. SWALWELL. Thank you again, that, it really discourages them from So on one side of the coin, you have Congressman SARBANES, for your work. voting. So we need to do everything we the right to vote, which is sacrosanct I want to empower young people can to engage young people. in our country. On the other side of the across America right now, One of the things that I hear, Rep- coin, you have the right to have your #FutureForum. There is a poll right resentative SWALWELL, from a lot of vote mean something. That is where we now: Do you believe Congress should young people is that—for instance, the have to address the undue influence vote to update campaign finance rules? young lady that we met that was that money has. We have had over 100 responses since purged from the voter roll—if there Two other real quick points before I just posting it. Ninety percent of the were same-day registration—actually, yield back. people say yes. same-day registration actually encour- One is—and this is important, I Congressman VEASEY, we were in ages young people to participate in think, to millennials, young people, Dallas on Friday. We talked to hun- voting. and the next generation—this question dreds of young people about what But a lot of States, like the one that about what we do with money in poli- issues they care about, especially ac- I live in, won’t do things like that. tics. It is not just about putting rules cess to the ballot box. They won’t take that initiative. They in place. Rules are important. What did you hear in Dallas? won’t take that extra effort to engage Mr. VEASEY. Absolutely, Represent- You have got to have disclosure and young people. ative SWALWELL. I appreciate you tak- transparency. You have to have non- It is no wonder that so many of our ing your time to come out to Dallas/ coordination rules so the super-PACs young people feel like the system is can’t talk to the candidates. You want Fort Worth. All the kids that were there, the col- really rigged against them, that, if to try and get a constitutional amend- lege campus, the young professionals they vote, their vote really won’t ment to put limits on what the big that we spoke to, the business leaders count. It is really, really unfortunate. money players can do. But rules are I would really think that, in the that we spoke to, really appreciated putting a referee on the field of the de- wake of the 50th anniversary of the the fact that you and others in Con- mocracy to blow the whistle when the Voting Rights Act, there is really no gress are leading the effort to engage big money crowd gets out of hand. better time to assure young voters that young people and to engage We need the rules, but we also need they can play a pivotal role in our de- millennials. power. We need to figure out a way to They make up such a large portion of mocracy and to continue to urge them, get Americans out of the bleachers and our population. They are going to con- despite what a lot of States like mine onto the field of their own democracy. tinue to make up a very large portion are doing, to really discourage them That is what small donor matching of our population. We need to engage from voting and discriminate against systems of public financing are all them to find out what it is they are them, that they will continue to take about. thinking. part in help shaping America. The best So it is about rules, but it is also One of the things that we heard when way how you can do that is by voting. about power. I think young people are we were in the metroplex, as we like to Mr. SWALWELL. We talked to a lot leaving a lot of power on the table that call Dallas/Fort Worth, is that young of innovative young people in Dallas. If they can take back to give themselves people feel like voting is not nec- I have learned anything about young a voice in their democracy again, and essarily easy, that some of the barriers people—and I remember being up in they will be at the center of that kind that have been put up recently in place Manhattan with Congressman ISRAEL of reform. So that is why it is so crit- have made it a lot harder for young and Congresswoman GRACE MENG. ical to push forward with all of these people to exercise their right to vote. We were at a district co-workspace. different measures. One of the young people that we met The complaint we often heard there Then the last thing I just wanted to talked about the fact that they had was just about how darn hard it is to point out is one of the things that hap- missed one election cycle, they went to get to the polls and why is it on a Tues- pens is young people want to run for of- go and vote, and they found out that day. Why is it so inconvenient. fice. They want to get into the game. they had been suspended from the I want to have Delegate PLASKETT They want to enter politics. They want voter file, that they had been actually speak to us on voting rights as well, to come into the political arena. purged. but in a moment I’m going to have But, unfortunately, there is some- Mr. SWALWELL. I remember that STEVE ISRAEL talk to us about weekend thing called the money primary or the woman. How does she feel about that? elections because people on Twitter green primary where, if you can’t find Mr. VEASEY. It was very discour- right now are asking: Why can’t we a lot of people that can raise a lot of aging for her. It makes it seem as if the have votes on the weekend? money for you, then you have no way system is rigged against her, and she Delegate PLASKETT, can you talk to to be viable as a candidate. So then didn’t understand why that happened. us a little bit just about voting rights you don’t even put your hat into the That was really unfortunate. with respect to the Virgin Islands, but ring. One of the other things that I am also what you are hearing among One of the things that will happen if aware of—because I am actually a young people. we can create systems of small donor plaintiff in a lawsuit to roll back the Ms. PLASKETT. Thank you so much public financing across the country— Texas voter ID law—is a lot of our for putting this together for us to be and we are starting to see that in young people, when they go to college, able to speak to the American people places like Seattle, Maine, Arizona, get IDs from their university. At a lot and speak to this body about voting Connecticut, New York City, and so of our State universities, they will get rights, its importance, and the difficul- forth—is that people who before could IDs. ties, that many groups are feeling dis- never imagine running because they These IDs are good if they need to enfranchised from the voting system. couldn’t raise the money because there identify themselves to a campus police The Voting Rights Act is probably is a system that can lift them up, they officer. If they need to be able to use one of the most important pieces of will put their hat in the ring, they will the ID to get on a plane or anything legislation that this Congress has put run, they will compete, they will win, like that, these kids can use these col- forward. It was passed in 1965 to pro- and they will serve. lege IDs. hibit discrimination in voting. It will change the composition not But under the Texas voter ID law, a According to the Department of Jus- just of Congress, but of State legisla- lot of our young people, if they go back tice, the Voting Rights Act itself has

VerDate Sep 11 2014 03:38 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K10FE7.084 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE February 10, 2016 CONGRESSIONAL RECORD — HOUSE H699 been called the single most effective individuals who have been incarcerated you could vote to the right, but vote. piece of civil rights legislation. That and the ability that they no longer Now we are falling further and further was back in 2009 when they said that. have to vote. We know that in the behind on voting because it has become The Department of Justice has had a Black community there is a dispropor- harder and harder. history of blocking racial gerry- tionate amount of our young men and There is a particular Republican can- mandering, which was covered in sec- women who are incarcerated and then didate who talks about how we have to tion 4 of the act. In 2006, the Voting have lost their right to vote. The dif- make America great again. Do you Rights Act was reaffirmed by an act of ficulties they have reinstating that know what we are not so great at? We this Congress. right and that ability to vote abso- are not so great at voting. In fact, we The Senate voted for it 98–0, and the lutely excludes not only their dignity are falling further and further behind House voted 390–33 in favor of the Vot- and their ability to voice their opin- the rest of the industrialized world. We ing Rights Act, which lets us know ions, but they are feeling part of the are falling further and further behind that this is a fundamental right that American Dream, feeling included in most democracies in our voting par- most Americans believe. this American mission. What message ticipation. Why is that well? One reason is be- b 1815 are we saying to them when they need to be reintegrated back into this coun- cause we reserve one day of the year to But there are still these barriers that try and to be productive citizens that vote in Federal elections, and that is many groups feel. I know, Congressman they can work, we want them to work, Tuesday. I don’t know if my friend SWALWELL, you have gone around the we want them to do everything that knows—here is a little history quiz, a country. You have heard from young they are supposed to do, but they can- little pop quiz, to put him on the spot: people, you have heard from poor peo- not have that fundamental right to Why do we vote on that Tuesday? Do ple, you have heard from those who vote. you have any idea why we vote on that live in rural areas, the difficulty they These are the things that I am glad Tuesday? have in exercising this fundamental you are speaking about tonight and Mr. SWALWELL of California. I don’t have the slightest clue, no. Why right. that you are making the American do we? In the Virgin Islands, we are facing public available to. I don’t know what Mr. ISRAEL. Here is the answer. In an even greater constitutional issue the Twitter feed is working on right that we are bringing court cases to the 1845, Congress decided that voting day now, but I am hoping that people will would be on Tuesday in November. United States about. Many years ago, tweet about this and will get this word Congress decided that the right to vote Why? Because at the time we were liv- out and will really create an echo ing in a mostly agrarian society, we was not a fundamental right for people chamber of young people, and even that were living in the territories. were a farm economy, and Sunday was those who are not young, who are con- the Lord’s day. The polling places were Under the Uniformed and Overseas cerned about millennials and con- Citizen Absentee Voting Act, if you usually in the county seat, so Monday cerned about the next generation being was the day that you traveled to the live in the United States in any of the able to be a part of the American proc- 50 States, if you decide to move to county seat. You got to your county ess. seat on Tuesday, you cast your vote, Paris, if you decide to move to Tim- Mr. SWALWELL of California. I buktu, you can still vote. But if you you returned on Wednesday, and you thank Delegate PLASKETT. That was so farmed on Thursday, Friday, and Sat- decide that you are going to live in one eloquently said. of the United States territories, you urday. That may have made sense in On Twitter right now under the 1845, but it doesn’t make the same have given up that right to vote for #futureforum, people are speaking your President in your Federal elec- sense in 2016. about their democracy and their right As a result of reserving this one tion. In places like Guam, American to access the polls. Anna Little-Sana Tuesday as voting day, most Ameri- Samoa, and the U.S. Virgin Islands, we tweeted: Election day should be a Fed- cans report that they didn’t vote be- have the highest veteran rate per cap- eral holiday! Kel tweeted: Elections on cause they just couldn’t vote on Tues- ita in the United States. In the Virgin Saturdays sounds like the easiest and day. Some people have two jobs, three Islands, we have the highest casualty least controversial solution. jobs, and they are raising families. As rate per capita of people who have vol- Congressman ISRAEL, what if some- important as it is to be a good citizen unteered to serve this country, but one introduced the Weekend Voting and to cast their vote, they are finding cannot vote for their Commander in Act? Wait, someone has, and he is here. it harder and harder. Chief. Mr. ISRAEL. What a coincidence. The solution is very simple. I am We are bringing case law—and I am Mr. SWALWELL of California. Tell going to make another quick comment. part of an effort—to ensure that people us about that. The solution is very simple. Allow peo- who decide to live in the Virgin Is- Mr. ISRAEL. What a coincidence this ple to vote on weekends. Designate lands, who are from the Virgin Islands, is. Saturday and Sunday for voting. You can retain that right to exercise their I want to thank my friend from Cali- can do it on a Saturday; you can do it voice in our Federal elections and not fornia for his leadership in the Future on a Sunday. But we ought to des- something that we are fighting for Forum, traveling the country, engag- ignate weekend voting. right now. ing young people and millennials on There are other democracies in the This goes along with many of the the critical issue of participating in world, other nations in the world, that other what we believe to be historic government. I don’t qualify as a mil- have weekend voting, and their voting discrimination that has gone on. There lennial. participation is much higher than ours. is an enormous amount of racial gerry- Mr. SWALWELL of California. It is a If there is one thing the government mandering that is happening in this mind-set. should do to make it more convenient country. The great Mr. JOHN LEWIS, Mr. ISRAEL. I am slightly older than for middle class citizens and working our colleague, has issued H.R. 12, I be- most of the audiences that you engage. families, it is make it more convenient lieve it is, which is a bill to expand vot- But I used to be a millennial. I used to to vote, and we can do that on week- ing rights and the ability for people to be a young person. I grew up in Levit- ends. vote. town, New York, on Long Island. I re- Let me make one other point if I I know that as you go around this member going to public school at Gar- could. I made a decision that I would country and you speak with people, diners Avenue Elementary School and not run for reelection. My decision was Representative SWALWELL, you will being taught civics, being taught what based on a broad range of personal hear about the difficulties, particularly it takes to be a good citizen, and what issues and personal considerations, per- those people who are discriminated our responsibilities and obligations sonal desires, to do other things. I have against in many ways, from their abil- were. been here for 16 years. It is time to ity to vote. The principal responsibility and the pass the torch. One of the things that I recall writ- principal obligation of a good citizen But I will tell you what. One of the ing about when I was in law school was was voting. You could vote to the left, factors was that I could not stand to

VerDate Sep 11 2014 03:38 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K10FE7.085 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H700 CONGRESSIONAL RECORD — HOUSE February 10, 2016 spend one more day asking one more ica great again is to engage voters ended up seeing this on every campus donor for one more dollar. across the spectrum by lowering the we visited—this particular student We have a system that used to be barriers that exist in this place. That said: But, yeah, you are not going to dysfunctional. Now it is not dysfunc- is going to require the DISCLOSE Act, solve any of that because the system is tional. It is just beyond broken. It is a citizen-funded elections, greater trans- rigged. As long as that is the percep- system that tells people around the parency, and weekend voting. tion, which we experience as our own country that their voices are drowned Mr. SWALWELL of California. That reality, we won’t see progress on those out. There is a sense—particularly is right. Both sides from my experience issues. among the young people that you have acknowledge this problem, but only the We owe it to that generation. It is engaged across this country—that the majority has the ability to bring this sad for you to acknowledge that a only way you get heard in this place is up for a vote on these reforms. whole generation is about to give up on if you have a super-PAC or a registered I always have the sense that we can us until we change the way that we not lobbyist with you. Most middle class all smell the burning and the smoke in only have rules for money and politics, families and most young people can’t this House, but the fire alarm is on this but the way that we govern and rep- afford a super-PAC or a registered lob- side of the Chamber. Until our col- resent our constituents, not outside byist. leagues are willing to pull it and bring corporate interests. I am concerned that we have a major- these issues to this floor, we are going We have a Future Forum event com- ity right now that has made Congress a to see millennials continue to think ing up in Denver. It is going to be in gated community. We need to bring that the system is rigged. It is not April, hosted by Congresswoman down those gates. The way to bring going to be any surprise when they DEGETTE and Congressman POLIS. down those gates is to pass campaign show up again at 20 to 25 percent at the I will give you, Congressman ISRAEL, finance reform; it is to pass the DIS- polls. the last word on this evening’s Future CLOSE Act, which Democrats passed In your district in Long Island, Forum focusing on voting rights and when we had the majority, requiring young people, what do they think when campaign financial reform. that people know who are funding elec- they see all this money in politics, that b 1830 tions; that we pass weekend voting so they are the largest generation in Mr. ISRAEL. Again, I thank the gen- it is easier for people to cast their America, yet 158 families contributed votes and choose their democracy, so tleman so much for his leadership. over 50 percent so far in the 2016 Presi- If you would allow an aging 57-year- that their democracy is not chosen by dential cycle? What do you hear from literally a few hundred families, by old to attend the Future Forum meet- them as far as whether that makes ings, I would be happy to do so. I will passing something that our colleague, them want to engage or participate? JOHN SARBANES, talked about earlier: bring my crutch, my cane, and all of Mr. ISRAEL. I am very fortunate be- the other things that I need. citizen-funded elections. cause I represent a district in New If you want a stake in democracy and On a serious note, I really do want to York that is blessed with universities commend you for the work that you if you want to own democracy, you and colleges. We have a wonderful in- should have a share in that democracy. are doing, for the engagement. frastructure of university and college Through this engagement, you are giv- We ought to be encouraging citizen- campuses, and I toured those campuses funded elections, which are being done ing people hope. You are letting people and heard what you have heard: Con- know that there are people who are lis- in States across the country—Repub- gressman, my voice doesn’t count. Con- lican states, Democratic States. They tening to them. You go to those events gressman, why should I vote when it are embracing citizen-funded elections. without a super-PAC. You go to those makes no difference? Congressman, We should be doing the same thing. events without billionaire donors. You Mr. SWALWELL of California. You why should I get involved in a cam- are representing the best that the wrote a New York Times op-ed on this paign when my $20 contribution, or my grassroots has to offer. I want to thank that was very frank, very passionate, $3 contribution, gets drowned out by you for that. and I think, for a lot of people, very one billionaire who is writing checks Leave people with a sense of hope. disturbing to hear how much time for millions of dollars for the candidate For as long as we are talking on this Members of Congress have to spend that he supports? floor about these issues, there is hope fundraising. I have said to my colleagues on both that something will be done on this I just want to ask you as you start sides of the aisle, it is bad for all of us floor on these issues, and the middle your parting tour, which I am very sad when an entire generation gives up on class and young people and millennials to see, but have you met a single col- us. That is just bad for democracy. will make progress again. league in this Chamber on either side— That is bad for trying to accomplish Mr. SWALWELL of California. Mr. left or right—who told you that they anything. Speaker, I yield back the balance of came here because they enjoyed raising I have also said—and people under- my time. stand this, I believe, intuitively—no money, or that that is the most enjoy- f able part, or anywhere close to the matter what issue is important to you, AMERICA’S MANDATORY AND most enjoyable part of their job? no matter what it is—more invest- Mr. ISRAEL. No. In fact, I did write ments in education or infrastructure or DISCRETIONARY SPENDING a piece in the New York Times that national security or your paycheck or The SPEAKER pro tempore. Under went viral. I received responses on both the environment—no matter what it is, the Speaker’s announced policy of Jan- sides of this aisle—on both sides—peo- it is all rooted in a system that doesn’t uary 6, 2015, the gentleman from Ari- ple saying: You are right, we spend too allow progress on those issues because zona (Mr. SCHWEIKERT) is recognized much time in call time. Instead of it is rigged against progress on those for 60 minutes as the designee of the thinking about issues, instead of think- issues. majority leader. ing about a robust foreign policy that People say: Well, what can we do? Mr. SCHWEIKERT. Mr. Speaker, we is going to defeat our enemies, we What is the one thing we can do to get are actually doing something a little spend too much time trying to figure our voice back? Get this Congress to different tonight. We have brought out a robust fundraising policy to get pass fundamental and meaningful cam- about 15 to 20—what we will call— reelected. Both sides of the aisle said paign reform and we will make boards. If we were in a more electronic that. progress on every other issue. age, they would be PowerPoints. Not one of our colleagues enjoy fund- Mr. SWALWELL of California. I will We will have a couple of our brothers raising. But, in my view, there is only never forget at one of our townhalls and sisters here, hopefully, from the one party who is willing to do some- when we were in the Boston area. The Republican side to help us walk thing about it. Pass the DISCLOSE students were listing their concerns through some of these numbers and Act, support campaign finance reform, from climate change and the inaction what they actually mean. We want to demand transparency. they have seen there, to student loan talk about what is really going on fis- The only way we are going to take debt and how it has them in financial cally, mathwise. I am sure it was riv- this government back and make Amer- quicksand. To my surprise—and then I eting reading for Members of this body;

VerDate Sep 11 2014 03:38 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K10FE7.087 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE February 10, 2016 CONGRESSIONAL RECORD — HOUSE H701 but 3 weeks ago, on a Wednesday—so 3 is defense. When you hear politicians erings: Why do you fight with each weeks ago today—the CBO issued a new or public policy analysts or budget another? It is like other families—it is report. When you go through the num- alysts talk, if they are not talking about the money. bers of the reality of what is going on, about the mandatory spending, they When I stand here and say it is for- it is devastating. are missing, basically, three-quarters mula driven, what happens is, when The reality is that, unless this body of our spending. Understand its rate of you turn 65, you are eligible for certain engages in activities and policy and we growth is squeezing out everything earned benefits. When you turn 67, have a President who is willing to work else. there are certain earned benefits. If with us who dramatically improves If you are someone out there who you fall below a certain income, there economic growth and not just for a cares about healthcare research or edu- are certain things you can receive. year but for the next couple of decades, cation or the parks, the resources for They are based on a formula whether it there is not enough revenue to cover those activities in this government are be your age, whether it be your in- the entitlement promises we have shrinking and shrinking and getting come, whether it be your military serv- made. I know that is sort of inflam- squeezed and getting squeezed, and it is ice. That formula becomes sort of sac- matory to say, but we are going to ac- because of the movement of mandatory rosanct around here, and there is an in- tually walk through a series of the spending. ability to say, if we do these tweaks, boards and sort of explain what is real- We have this thing called baby we can preserve this benefit for future ly going on. boomers. The fact of the matter is that generations or even, as you are going For someone who is actually out baby boomers began to retire about 3 to see in some of these numbers—and I there who may have an interest in un- years ago, and there are about— don’t know if you have had this experi- derstanding what is happening, this is what?—76 million of them who will re- ence in your townhalls where the polit- the CBO report from 3 weeks ago. What tire in an 18-year period, and they do ical class before us used to say, ‘‘This makes this one so different from any consume tremendous amounts of re- is for your grandkids.’’ Then, after a other report that has happened is that sources that we have failed to set aside few years, it was for your kids—and we have two major entitlement pro- for their futures. now? grams that run out of money—that go Mr. Speaker, I just changed the Mr. PERRY. It is for my mother, who bankrupt—within the 10-year window. boards. As we continue, the board that is already on Social Security, and it is For years, you would see people walk is up right now, for those folks who definitely for me and for anybody who up to these microphones and say: A would be interested, is actually where thinks he may collect Social Security, decade or two from now, such and such the money is going today. My friend understanding that, when we say ‘‘enti- is going to happen—30 years, 25 years from Pennsylvania and I are going to tlements,’’ that is not meant to be you from now. It is no longer decades. It is talk through some of the mechanics are entitled to it. Do you know why now. We are going to show you a couple here; but Social Security today is 22 you are entitled to it?—because the of portions of the data where, in 20 percent of the spending; Medicare is 17; government forced you to pay into it. months, Social Security itself goes Medicaid is nine; other spending—that They forced you to invest when it negative, meaning the interest income would be Section 8, SNAP, and other comes to Social Security, right? They that we pay ourselves—and we pay our- things that are mandatory spending forced you to invest. It might not be a selves 3.1 percent in interest income that are in the formula—is another 17 good investment, but you must invest. from the money that the general fund percent. It is important, and I think you are has reached over and taken out of the Mr. PERRY. Will the gentleman going to talk about this a little bit in Social Security trust fund, and the tax yield? the future of how that investment is revenues from Social Security do not Mr. SCHWEIKERT. I yield to the going. cover the money going out the door. gentleman from Pennsylvania. Mr. SCHWEIKERT. As we do this, we This was not supposed to happen. Mr. PERRY. Mr. Speaker, I want to probably should make the distinction When I first got here 5 years ago, it thank my good friend from Arizona. between an earned benefit and an enti- was a decade away. Then, in some of When I start my townhall meetings, I tlement and those, but, for right now, the reports, it was 5 years. Now it is 20 always start with our fiscal situation we are going to somewhat refer to months away. because people ask me—and I imagine them as ‘‘mandatory spending.’’ We need to understand, when we talk it is the same in your district—what is Mr. PERRY. Sure. about the desperate need for economic wrong with you people in Washington? Mr. SCHWEIKERT. We could actu- growth, it is jobs; it is people’s futures; Why can’t you get along? What is all ally break down all of the programs, it is their retirements; it is also the the bickering about? That slide is in- but this is already a little geeky as it ability to support and pay for and fi- structive because I explain to them is because we are going to be talking nance the promises this government that nearly 70 percent of the budget we about numbers that are in the billions has made—the earned benefits and— don’t discuss at all, and it keeps get- and trillions, and people’s eyes glaze let’s face it—some of the unearned ben- ting smaller—the things that they kind over when you talk about that. It efits that are out there and our ability of associate with the Federal Govern- means zeros. Yet what is really, really to pay for them. So let’s actually walk ment—because, in their minds, these important here is understanding the through some of the boards and sort of other things, the things you talked pattern of what is going on and how explain where we are. This is really, about—Medicare, Medicaid, Social Se- quickly these numbers are eroding. really important, and you are going to curity, care for our veterans, the One of the reasons for this board here hear me say that over and over as we ACA—all just happens automatically, is, as we talk about this Congressional do this. and they think about—oh, I don’t Budget Office report, some of the ero- This is the 2016 budget as we have it know—the IRS, the Park Service, the sion in our fiscal situation is because today. Do you see what is in blue—that military. I keep telling them that it of our lack of economic growth and of bluish purple? That is what we call gets smaller, and so we squabble more our failure to reform, repair, preserve a mandatory spending. That is Medicare, over this diminishing pie. lot of these very programs we are talk- Medicaid, Social Security, interest on I just need you to clarify something. ing about. the debt, veterans’ benefits, So you say it is formula driven. That There is this slide here. This is 2026. ObamaCare—the new healthcare law— makes sense to you, and it makes sense Understand, in 9 years, mandatory and a handful of other poverty support to me. spending, earned benefits, and other programs, but it is mandatory. It is all Mr. SCHWEIKERT. Yes. types of entitlements are going to have formula driven. You will notice it is 70 Mr. PERRY. But can you make that increased over those 9 years 83 percent percent of our spending in the fiscal easy for a layman? in spending. What you and I get to vote year we are in—this year. The red— Mr. SCHWEIKERT. You and I have on of military and other discre- that 30 percent—is what we call discre- both had this experience because we tionary—the Park Service, the EPA, tionary. That is what we get to vote on talked about it earlier. You get asked education, health, medical research— around here. Half of that discretionary at our townhalls and at other gath- that will have grown 22 percent. That

VerDate Sep 11 2014 03:38 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K10FE7.088 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H702 CONGRESSIONAL RECORD — HOUSE February 10, 2016 is over 10 years. So think of this. What Mr. SCHWEIKERT. You are incred- conservative—we have our folks who we would consider discretionary will ibly fit. Understand, I am going to are guilty of this, and, heaven knows, I grow about what we expect inflation to show you some slides under the new see it from our friends on the left— be, and that is how it has been budg- projections by the CBO, the Congres- where we hold up a shiny object and eted. It is meant to basically be flat on sional Budget Office, that came out 3 pretend like this would take care of purchasing power but where the enti- weeks ago. this fiscal cliff that is no longer very tlements grow dramatically. b 1845 far in the future. It is here. We say, oh, Mr. PERRY. Because of the formula. if we would just adjust this on foreign Mr. SCHWEIKERT. Formula and—we Mr. Speaker, Social Security, the aid, we would be fine. Anyone who says have to be brutally honest—demo- trust fund has about 14 years, but something like that, they don’t own a graphics. Medicare part A is gone in about 9 calculator. Mr. PERRY. Right, and the popu- years. You are going to see Social Se- So the slide next to us right now— lation growth for those people who will curity disability may have only about and the gentleman and I were working be receiving benefits. 58 months, and that trust fund is gone on this earlier today. I thank the gen- Mr. SCHWEIKERT. Yes. again. So understand how fast these tleman and his staff for their willing- Look, this isn’t a sinister plot. I can things are eroding. ness to sit there and, shall we say, geek remember, back in 1981 or in 1982, sit- Look, we are going through a lot of out with calculators, budgets, and acting in a statistics class, and the pro- data and a lot of slides. I know you and tuarial tables. I and a couple of other Members, we fessor at that time was actually show- One of the things that has hap- are going to be putting this deck of ing how much money had to be set pened—about every 3 months, I do one slides on our Web sites. For anyone aside because the baby boomers even- of these presentations. If someone were that is actually interested in the fiscal tually were going to turn 65. Though, ever to go back a few years when we sanity and health of this country, this as you have found here in Congress, it did the very first one, parts of these is the ability to take a look at them, is almost as if we have just recently numbers have actually gotten much analyze them, give us suggestions, and discovered that. worse. Even though we are supposedly Mr. PERRY. We have a tendency in give us creativity. out of the recession and we are sup- This one right here, so, in 2026, think Congress—quite honestly, we have a posed to be in a healthier economy, as of this: only 22 percent of the spending tendency as Americans—with our do- we keep being told from the other side, will be in what you and I get to vote mestic and foreign policy, to just pre- the fiscal, the financial shape of the on. Half of that is going to be defense; tend that these things aren’t hap- country is worse. half of that is going to be nondefense. pening. How is that possible? Oh, and by the way, the one good Mr. Speaker, I am going to make the Mr. SCHWEIKERT. Yes. thing I can tell you about we are get- There are a number of times you and argument that when we do examine ting from the slow-growth economy I have folks who come to our offices or what we were telling folks our finan- right now is we have reprojected our to our townhalls who have great ideas, cial situation was in the future, it is interest rate. Because if I had shown and they desperately want some more actually much worse. In 2011 we said, this slide a few months ago, we were resources for this research project or hey, when we finally get to that year expecting trillion-dollars-plus interest. 2016, we are going to have 3.3 percent for this activity or for this infrastruc- Now, we only expect a much lower GDP. Then we had a couple of crazy ture or for this and that. You try to ex- mean interest rate 9 years from now. ones that said, in 2012 and ’13, you are plain—okay—this board here talks So only 12 percent of our spending will going to be at 41⁄2 or 4.4 percent GDP about the next 9 years; so from this be interest coverage. growth. You are going to be blowing budget year—where we are right now Think of that. Interest will be great- the wheels off. working on the 2017 budget—for the er than defense in 9 years. Interest will Then in 2014, it started to come down. next 9 years. I know that seems like a be greater than all discretionary spend- Well, you are going to be at 3.4 percent long time, but the average over that ing in 9 years—and substantially so. So GDP growth. The problem is that the time—76 percent of all of the spending, the growth you are going to see here is latest update on our numbers, we are three-quarters of all of the spending—is functionally in Social Security, Medi- down to 2.3 percent GDP growth. So we going to be in those mandatory: the care, Medicaid, interest on the debt, are half of what we were telling the formula, the entitlements, the earned and some of the other programs. This public we were going to have just a benefits. Only 24 percent of the spend- is where we are at. couple of years ago. ing is going to be in the military or in You try having a conversation with I yield to the gentleman from Penn- other activities of government. our constituents and say these are big sylvania. As we go back to make that circle numbers, they are huge programs. You Mr. PERRY. More importantly, for again, why do we fuss with each other have got to move away from some of this illustration, it is as important around here? It is about the money the political folklore. that we were telling the public—be- when you have someone standing in We should actually, as we go through cause the CBO projection told us that front of you and he is not talking these—because I have a couple of spots. it was going to be 4.5, 4.4, but we were about the need to do two things. Now, How many times have you been at your basing all our estimates on those num- they are big things. One is to dramati- townhall meeting and someone raises bers. We are basing our estimates on cally adopt policy that grows the econ- their hand? Some of the suggestions those numbers, and those numbers omy. We are not going to make it they have to save money are wonder- turned out to be true to the point that under this current growth rate. This ful, but they are tiny. it is not even 2.3. It is more like 2.1, Obama economy is just killing us. I yield to the gentleman from Penn- currently. It is even less than that. Number two, we are going to have to be sylvania. Mr. SCHWEIKERT. As you know, the honest about the benefits that we pro- Mr. PERRY. They want to cut some- first quarter of this budget year—be- vide and the formulas underlying them. thing. cause budget years aren’t the same as There may be some creative things we Why do you spend money on—I don’t calendar years—came in at 0.7. So we can do, but as the political class, we know. They call them Obama funds. Or didn’t even make a full percentage have got to stop being terrified to talk why do you spend money on foreign point of gross domestic product about it. aid? If we just cut that, we don’t have growth. Mr. PERRY. What are the con- to pay for people to hate us. They will Once again, this is geeky and people’s sequences of not doing that? hate us for free. It all sounds all well eyes are glazing over. Why this is im- Mr. SCHWEIKERT. Oh, we are going and good, except you can cut all that portant is because that economic to get to that slide. completely and—I think you will show growth is what helps create the jobs Do you plan to live more than 9 at some point—it won’t make a dent. It and the trade and the velocity in the years? won’t even begin to make a dent. economy, and that velocity ends up Mr. PERRY. I sure hope so. My kids Mr. SCHWEIKERT. Mr. Speaker, creating the tax revenues and the reve- hope so. those of us on the right who are more nues that get paid into Medicare, get

VerDate Sep 11 2014 03:38 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K10FE7.089 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE February 10, 2016 CONGRESSIONAL RECORD — HOUSE H703 paid into Social Security, help us pay I yield to the gentleman from Penn- Mr. SCHWEIKERT. Mr. Speaker, the and cover our promises. sylvania. gentleman from South Carolina and I What happens if you keep saying the Mr. PERRY. So you took $114 billion have talked about these charts before, check is out the door but you don’t out of OASI, which is the big Social Se- and the reality of this should terrify have the revenues? That is why it is curity? people how fast these numbers are important to pay attention to what we We took it out of that and put it into eroding. Where is the conversation? do in tax policy over this coming year, disability insurance because disability Why isn’t it a headline? Why isn’t it on what we do in regulatory policy over was going to be bankrupt while we business news every night? this coming year, when we start to stand here today? If I came to you and said you just take on those factors that grow the Mr. SCHWEIKERT. Right. Right lost 4 years of actuarial soundness on a economy. now. trust fund that today is $2.8 trillion, I would think this would be both our My calculations are we shortened the you have got to understand the scale friends from the left, who thought life of Social Security’s trust fund by we are talking about. somehow we could regulate ourselves about 13 months when we did that. I I yield to the gentleman from South into prosperity, would see the folly of don’t think you voted for it. I don’t Carolina. their policies and see it in the numbers think I did. I know I didn’t. Now we Mr. MULVANEY. The real frus- and be willing to come our direction. have to deal with the realities of what trating thing about it, Mr. Because do they care about saving So- that meant. SCHWEIKERT, is that the demographic As we were looking before, what hap- cial Security? Do they care about sav- group that you would hope would be pens when you are not achieving the ing Medicare? Do they care about sav- engaged in this topic isn’t. When you economic growth that is required? All ing Social Security disability? If they go home and you and I and Mr. PERRY of a sudden, you see numbers like this. truly care, we have got to do some- talk to our folks back home, who is And this is stunning. When you are thing about economic growth. most interested in Social Security? talking about a huge trust fund, this I want to switch up a couple of the The folks who are already at or near should not be happening. boards and just sort of walk through retirement. This is to give you a sense of how You have got another graph, by the some of the different numbers here and dramatic the problem is out there in way, that shows who really should be have this make more sense. Do you this economy. I know we are happy interested in this because you have got have the table that actually shows the talking. It is an election year and the first year outgoing exceeds income, change from 2022 to 2018? President Obama needs to sort of tell a Remember, the last board I was including interest. On another graph, story of how wonderful it is, but it isn’t showing you that was talking about, you show when the trust fund goes to showing up on the map. hey, here is what happens when we zero for Social Security. So this last August, the trustees of The last time I had the CBO run the miss all these GDP numbers? This is Medicare, Medicaid, Social Security— numbers, it was roughly 2032. In fact, it why, on occasion, I desperately wish they all do their individual reports. was July of 2032. Why do I remember more of our brothers and sisters around The Social Security trustee said inter- this? It is the month that I turn 65 this body would grab a CBO like this est income and tax revenues would years old. It should be our generation. and actually read it and highlight it cover the payments going out the door It should be the people in their thir- and pull out their calculators and look on Social Security until 2022, except ties, forties, and fifties who are de- at it again. Yes, you are going to fall for the small problem of, somehow be- manding that we make this a topic of asleep two or three times when you do tween August and 3 weeks ago when we conversation, and they don’t. it, but you will understand how incred- got this new updated report, it is down They are not demanding it right now ibly important some of the policy sets to 2018. Now, all of a sudden, Social Se- in the Presidential election. They are are we are making here. curity goes negative, meaning it not demanding it in their congressional This was just from when the trust doesn’t have enough revenues to cover elections. They are more concerned funds’ actuaries did their report this its obligations. about other things that I get the im- last summer. We will just go down to So the way we were doing the math portance, as Mr. PERRY does, of na- the bottom line because that is the is, in 20 to 22 months, Social Security tional defense and immigration. I get punch line. is going to have to start reaching over all that. I yield to the gentleman from Penn- and cash in some of its bonds. We pay Mr. SCHWEIKERT. How do you and I sylvania. ourselves 3.1 percent interest in the and Mr. PERRY help the public under- Mr. PERRY. Mr. Speaker, would the washing machine where the general stand these numbers in the background gentleman from Arizona confirm for fund has reached over to the Social Se- are driving much of our policy here, the audience or explain what OASI and curity trust fund, taken the money, much of the fussing here, but yet it is DI mean? and loaned it to our debt. not part of the Presidential campaign, Mr. SCHWEIKERT. When you see This is devastating. If any of you and this is no longer about your something that says OASI, that means have ever been in business or finance, grandkids? This no longer about your ‘‘Old Age, Survivors Insurance.’’ That when you start to use up principal, you kids. It is about you retire—you turn 65 is Social Security. That is Social Secu- are in real trouble. in what year? rity. I yield to the gentleman from Penn- I yield to the gentleman from South DI, think of it is as Social Security sylvania. Carolina. disability. Mr. PERRY. So we lost 4 years. What Mr. MULVANEY. 2032. I yield to the gentleman from Penn- caused losing 4 years? Mr. SCHWEIKERT. You will be sylvania. Mr. SCHWEIKERT. It is a combina- happy to know that my math is Social Mr. PERRY. You lose your job from tion of economy, growth rate, reaching Security will have been emptied out 2 unemployment, but you get hurt and over and taking $114 billion out to years before you retire. I mean, it is 14 you can’t work? shore up Social Security disability, and years from now. So these are just crit- Mr. SCHWEIKERT. A permanent in- our recalculation of what future GDP ical. jury that changes your ability to sup- is. I yield to the gentleman from South port yourself. Just for the fun of it, can I talk my Carolina. As you know, this last fall, fall of friend from South Carolina into joining Mr. MULVANEY. Yet it is not our 2015, it was to be out of money right us, A, because it is always entertaining generation. It is Mr. BUCK’s generation, now. when you get behind a microphone, the gentleman from Colorado, the older We bailed it out, but we bailed it out and, B, you have no hesitation to cor- generation, the next generation who is in a fairly dodgy fashion. Let’s be bru- rect me when I get math wrong. paying closer attention to it. tally honest. We reached over into big I yield to the gentleman from South Mr. SCHWEIKERT. Mr. Speaker, I Social Security, took $114 billion and Carolina. am not going there. handed it over here. All we bought was Mr. MULVANEY. Well, anything for Let’s walk through a couple of the 5 years of fiscal survivability. fun, Mr. SCHWEIKERT. other trust funds because I know this is

VerDate Sep 11 2014 03:38 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K10FE7.090 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H704 CONGRESSIONAL RECORD — HOUSE February 10, 2016 really exciting, but this is important. I thought we had fixed it for years. Re- vise the last quarter’s numbers, which This is the 10,000-pound gorilla in the member there were going to be some they will do here shortly, 2015 will be room. So often those of us, as Members reforms and some of these things? Well, the tenth year in a row without 3 per- of Congress, we get behind these micro- these numbers are with the reforms cent growth in the American economy. phones and we do the shiny object type and with the money, and it is gone in If that turns out to be the case and of discussion. 58 months. we go 10 years without 3 percent This is it. This is going to decide MICK, I am going to make you stand growth during any of that decade, it what our military capability is because up again because you were one of the will be the first time in the history of it is what we can afford. This is going most articulate in talking about the the Nation that that has happened. to decide what money we have for med- scale of reforms we had. Both were Mr. SCHWEIKERT. And then you try ical research and education. This is it. just, in the modern economy, were to have the conversation with our These numbers are incredibly impor- there ways we could help our brothers friends from the left saying: You don’t tant. If this doesn’t drive us this year and sisters who are on Social Security think the regulatory state affects us? to start moving forward on tax reform, disability move back into at least some You don’t think raising taxes has on regulatory reform, things that will economic participation and not have slowed down the economy? start to kick-start economic growth, them hit a cliff where all of a sudden There is some actual great lit- these numbers are devastating. their benefits are cut off. erature—and we are working on it for a It might cost us a little bit for a cou- future presentation—that says, for the b 1900 ple years, but in the future it would be- tax hikes that the President demanded Let’s do a little quick discussion come more sustainable. We didn’t do it. a couple years ago that this body did, about Medicare part A. If I came to you Now we are back on the treadmill for every dollar of new revenues that right now and said: ‘‘Hey, what was so again. came in, a dollar was lost in economic devastating in this Congressional Mr. MULVANEY. I have got a ques- growth. Budget Office report? What should have tion for you. While we are preparing It got us nothing. It basically slowed scared you out of your mind?’’, in here that question, if the young man could down our economic growth into the fu- it basically for the very first time said put up the previous graph below, that ture, ultimately costing us billions. In one of the major trust funds is out of one that shows the status of the Medi- a couple of these programs, if you real- money in the 10-year window. care trust fund. ly lay it out over 30 years, it could be Mr. PERRY. Ten years. Mr. SCHWEIKERT. It is stunning to in the trillions. Mr. SCHWEIKERT. Look at this. If think, in 9 years, Social Security dis- Mr. MULVANEY. Mr. SCHWEIKERT, I you plan to be around 9 years from ability—— see you brought up the graph for the now, Medicare part A, what covers Mr. MULVANEY. Put them so we can Social Security trust fund. Have you your hospital, those types of section in see both of them at the same time, explained what the nature of the trust Medicare, it is gone. The trust fund is please. fund is? gone. That is stunning. So between 2021 and Mr. SCHWEIKERT. No, I haven’t. I So all of a sudden now are we willing 2025, we are going to have the Social may let you do that. Let me just pitch to do what Speaker RYAN has talked Security disability fund go broke—— what this one means. about for years, premium support, Mr. SCHWEIKERT. Yes. In 2011, when I first got here and I some way to reform the way we price Mr. MULVANEY. And Medicare part started this project in our office, we ac- and cost and the benefits we receive A go broke. tually set up a little team in our office Mr. SCHWEIKERT. Correct. and how we allocate them and price we call the ideas shop. We actually Mr. MULVANEY. Last time we fixed theory, you know, sort of thinking like grind out these numbers all the time, the Social Security disability—I am an economist, but things that make and we watch them like a hawk. making the air quotations when I say sure you get your earned benefit, but We actually do something fun. When fixed disability—by robbing from old- we also make it sustainable? the trustee reports come out, we sit It is no longer a theoretical conversa- age retirement. Where are we going to rob from the there with our yellow highlighters and tion for decades from now. It is in 9 next time when we have both Medicare read them as a group. The amazing years. So if you plan to live for 9 more and Social Security disability going thing is I have almost no staff turn- years, understand, Medicare part A, bust within a couple of months of each over, which I can’t figure out why they the trust fund, is gone. other? stay. In our calculations in our office, it Mr. SCHWEIKERT. Look, the ulti- I hear some of my staff laughing in could be 30 percent cut in what is able mate driver for all of these trust funds, the background. to be paid out. How many medical pro- for everything around us, would be in- Mr. MULVANEY. No. That is us, ac- fessionals are willing to see you when credibly robust economic growth. Math tually. you come in and say that you need problem. Mr. SCHWEIKERT. In 2011, this was your cataract done, you need a heart Mr. MULVANEY. What are the as- the chart. I just want you to look. valve, you need this and, oh, by the sumptions on this, by the way? What is the direction? The trust fund way, the hospital is only going to be Mr. SCHWEIKERT. Oh, no. We are was supposed to grow and grow and paid 30 percent less what it gets today? working on those tables because it grow up until 2021. Are they still going to see you? Do you turns out to be much more com- There was going to be more money understand the wall we are going to be plicated. A couple years ago, when we there every year. This is what we were putting our seniors in? This happens in were pretending we would hit 2016 and telling ourselves, telling the public, 9 years. be at 41⁄2 percent GDP growth, if you telling the financial markets just 5 How many Presidential candidates hit that number and could hold it, we years ago. have you seen or heard talk about this? were going to be okay. Now take a look when we look at the Mr. PERRY. I haven’t seen any talk Mr. MULVANEY. How many times, new budget projection. And understand about that. Mr. SCHWEIKERT, have we held 41⁄2 per- we went from saying these trust funds Mr. SCHWEIKERT. So now let’s talk cent growth for, say, a decade? are going to grow. about the other trust fund that was in Mr. SCHWEIKERT. I don’t think it So when you and I first got here, I the Congressional Budget Office report, has ever been done, ever. think the Social Security trust fund something we shored up this last fall. Mr. MULVANEY. I think that is a was supposed to survive to 2038, and You remember how we did it? We fair assumption. now we have taken 8 or 9 years off that. reached over and grabbed $114 billion Mr. SCHWEIKERT. In this environ- This is the new number that just came out of Social Security, old-age sur- ment, in the fourth quarter of last out in the report, that, in 22 months, it vivors, and moved it over to Social Se- year, which is the first quarter of our starts to go negative and we start to curity disability. fiscal year, we were at, what, 0.7? dip into the principal balance. In the discussions around here, peo- Mr. MULVANEY. As this year In 14 years—and you will see that in ple were happy. They were applauding. stands, it looks like now, when they re- the next chart because in the next one

VerDate Sep 11 2014 03:38 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K10FE7.091 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE February 10, 2016 CONGRESSIONAL RECORD — HOUSE H705 I take it beyond the 10-year projection Mr. SCHWEIKERT. So we are actu- your great-grandkids or your because we had to do our own calcula- ally paying ourselves a SPIF, and we grandkids or your kids. tions for the final 4 because they only are still burning through our cash. You have to understand that the ero- give you 10 years when they do the pro- That is why this board is up, to show sion of these numbers, substantially jections—in 14 years, the trust fund is you how devastatingly different the because of the growth of participation, gone. number is from just this last August, utilization of the benefits, and the hor- Look, I know you have talked about how fast the numbers have moved. rible economic growth, is no longer fu- how the trust fund works. But even if we go back to 2011, when ture generations. This is us, particu- Mr. MULVANEY. Yeah. The trust we were doing these floor presen- larly you. I didn’t realize you were so fund is actually fairly simple. A lot of tations, we thought we were talking old. people think that it doesn’t exist. They 2038. You would have been 65-plus for a Mr. MULVANEY. It happens. think it is a myth. It is real. few years. Mr. SCHWEIKERT. Can you see that What it represents is the accumu- Mr. MULVANEY. Could have been at date on this particular slide? I know lated excess collections that Social Se- Mr. BUCK’s age. you have eagle eyes from flying those curity has made over the years. I tell Mr. SCHWEIKERT. Yeah. I am not helicopters. Our number is 2030, 2031. people that the last time we really had going there. Right in there the Social Security a major overhaul of Social Security Sorry to the Speaker. We don’t mean trust fund is gone. was back in the 1980s. to be teasing you. Well, actually, we Mr. MULVANEY. And so what hap- Ever since then, we have taken more do. We are just afraid of it. pens on that date? money in every month in Social Secu- But this is really important. So if Mr. PERRY. The only thing you have rity taxes, FICA, than we have paid out there is someone out there, whether left to pay is from incoming revenues in benefits. you are on the right or the left, and from taxes. So your benefits are de- So if you take $100 in in a particular you actually care about getting your creased by that whatever that amount month and only spend $80, you have $20 earned benefits, you need to start de- is at that time. So it probably fluc- left over. That is the money that goes manding your elected officials to take tuates probably somewhere between 25 into the trust fund. It is essentially a it seriously. and 30 percent. savings account. Number one is: What are you going Mr. SCHWEIKERT. In some ways, it Now, when people say, oh, it doesn’t to do to get this economy to grow? Be- is actually more complicated, which I really exist, you have stolen money cause that becomes the most powerful wasn’t going to go there, but let’s do it from it, and it is not there, that is not thing to fix these numbers. for the fun of it. These numbers are rotten and hor- true. You can’t keep $20, real paper The Social Security revenues will be rible because now we are projecting money, in an account someplace, in a subject to the whims of the economy. long-term GDP around 2.2, 2.5. When desk. That would be foolish. So you might have 1 month where you you start looking at numbers in there, What we do is we invest in the only are able to pay out more and the next it doesn’t work. The math just doesn’t thing the Social Security Administra- month you are paying out less because work for us. tion is allowed to invest in, which is of the whims. Mr. MULVANEY. Mr. SCHWEIKERT, U.S. treasuries. There is actually in ex- You also no longer have the interest there is an ad campaign on television cess of $2 trillion in the trust fund. revenue. If I handed you $2.8 trillion The trust fund exists. It is in a draw- right now that speaks to this. I think today and paid you 3.1 percent, that is er in West Virginia in a building named it was on during the Super Bowl. what is going into the trust fund today. after Senator Byrd, as most of the It shows a very dramatic bridge scene That is all gone. The interest revenues buildings are in West Virginia. It is full and the bridge slowly fades into decay, are gone. of treasuries. and it says: This is what will happen to Mr. SCHWEIKERT. Actually, Gen- our economy. This is what will happen b 1915 eral Perry and I were talking about to our infrastructure because of enti- This is a double whammy we are that. You don’t mind me calling you tlement spending. talking about. That is why you never, that, do you? Some folks don’t like that term, but ever, ever want to get anywhere near Mr. PERRY. Carry on. we use it here for Medicare, Medicaid, these numbers. You fix it long before. Mr. SCHWEIKERT. Our official mili- Social Security, and so forth. Because every day we wait, it gets It says: Demand of the Presidential tary expert. It was helicopters, wasn’t harder to deal with. Remember, my candidates what their plan is to solve it? calculations are that in about 22 Mr. PERRY. Indeed. this problem. Call or write your Mem- months we start to move into principal Mr. SCHWEIKERT. We were talking ber of Congress and demand what their balance. We start eating our seed corn. about earlier that my calculations are plan is. And then, every day, the calculations that, as of right now today, it is a lit- I have gotten one call. Have you got- get more difficult. tle under $2.8 trillion of special Treas- ten any? ury notes that have been given from Mr. SCHWEIKERT. Oh, it is amazing. Mr. MULVANEY. You talked about the Treasury to the Social Security Mr. MULVANEY. How many people how every day we wait, it gets harder trust fund because that cash has been have called your office to say: Mr. to do. I remember giving a presen- moved over here. SCHWEIKERT, what is your plan for fix- tation similar to this at a retirement And the revenues that go into Social ing this? community in my neighborhood. It was Security are a combination of the Mr. SCHWEIKERT. I think it is zero. back during one of the first Ryan budg- FICA taxes. And would you believe we And I have actually had this experience ets when we had actually talked about pay ourselves 3.1 percent interest? and I think Mr. PERRY, my friend from raising the benefit age slowly by a cou- Mr. MULVANEY. Wow. Pennsylvania, had this experience ple of months. Mr. SCHWEIKERT. It took us a while where we have held budget townhalls There was a gentleman there who to find that number. and we have held well over a hundred was in his late fifties. He said: Look, I Mr. MULVANEY. Do we actually pay in our district over the last couple don’t want to work another 2 or 3 that or we assume that? years. years. I said: Sir, we are not asking you Mr. SCHWEIKERT. No. No. Tech- We walk through the numbers and to do that. He said: What are you ask- nically, we are paying ourselves. So then have a discussion about it. I have ing me? I said: I am asking you to work that is part of the revenue into Social had an individual go to the microphone an extra month. I am asking me to Security right now and the Medicare and basically use a curse word and then work an extra year. I am asking my trust fund and all the three big trust say: I don’t care about my grandkids. I triplets to work an extra 2, but I am funds. We are paying ourselves 3.1 per- want every dime. only asking you to work an extra cent, which is actually greater than a Part of the audience laughed. Part of month. Can’t you do that? He said: Of 10-year T-bill substantially. the audience was terrified. course, I can do that. Will that fix Mr. MULVANEY. That is a great in- Maybe that was a more interesting things? I said: That will go a long way vestment right now. Yeah. discussion when it really was about towards fixing things.

VerDate Sep 11 2014 03:38 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K10FE7.093 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H706 CONGRESSIONAL RECORD — HOUSE February 10, 2016 He got angry that it was that easy I put this one up specially for my Actually, it does a little bit to help and nobody had explained it to him. I friends who had fussed and wailed and our future and save the entitlements. said: You are going to get even angrier. complained about this thing called se- It has sort of a multiplier effect be- If we had done it 20 years ago, it would questration and how it was the end of cause it lives in perpetuity. It is fas- be a week. If we wait another 20 years, the world. Basically, western civiliza- cinating, because some of us are trying you can never fix it. tion was going to be collapsed to its to pitch that idea of give us a few Mr. SCHWEIKERT. You no longer knees. things that we know actually have a can say 20 years or a couple of decades. What you see is that the red is se- multiplier effect in the future as a way It is 14 years now. questration and the green is discre- to start to deal with these numbers. I am the proud father of an infant. If tionary spending without sequestra- I put this chart up. This is last year. you do the calculations, when she tion. If you see the blue bars there, We are going to do this real quickly. I reaches her peak earning years, her tax that is mandatory spending. That is will have it on the Web site, and I will rates will be double what I pay. And Social Security, Medicare, Medicaid, ask both of you if you are willing to do that is already done. We have already the new healthcare law, interest on the it, too. done that to our children. debt, and other transfer programs. It You are at your town hall. You have You have got to understand the scale explodes off the charts. a group walking into your office de- of what we have done. Doesn’t she have If our friends who complained about manding more money. You have got to the right to participate in some of the sequestration so much cared, they understand that happens all day long. same earned benefits that we should would have talked about mandatory Every 15 minutes, there is another have earned and hopefully will be there spending: the entitlements. But if you meeting of another group that wants because we are going to find a way to look at the differential between that more money. fix them? red and green, it is tiny. The fact of the I will get groups that will come in It is not like the left gets behind tel- matter is, this year and next year it is and say: We want more money. If you evision cameras and screams at us or actually gone. would just get rid of foreign aid, we puts up television commercials of a Mr. PERRY. I don’t think you can will be just fine. Then you pull this PAUL RYAN look-alike pushing grand- completely explain the green part of board out and say, Okay, you see the ma off the cliff. That is political rhet- sequestration. As you can see, it moves little red line there? That is every dime oric. They are basically pulling a scam above the red line on occasion about of the State Department’s budget. That on you. This is math. is military foreign aid, foreign aid to I know we get folks in—I don’t you 2017. Mr. SCHWEIKERT. Basically, let’s Israel, humanitarian foreign aid, food know if you have ever had them at look at 2016 and 2017. There is no se- aid, and all the embassies and their your townhalls—saying: It doesn’t feel questration. We increased our spend- staff, and this and that. right. But I don’t have a feelings but- It doesn’t do anything. It is great ing. We blew up the sequestration caps ton on my calculator. I have said that rhetoric. It is a shiny object. It does this last fall and last year. over and over to try to make the point not do anything, unless you are talking Mr. PERRY. We wanted to spend that if you want us to protect your re- about Social Security, Medicare, Med- tirement future, you have got to de- more money. Mr. SCHWEIKERT. So the one thing icaid, other welfare programs, mand that we step up and do it. It can ObamaCare, interest on the debt. that was holding us back on discre- be done by a series of little things. Understand that we are incredibly tionary spending is gone, but under the The reality is that Social Security is lucky. Interest on the debt this year law, it actually comes back in 2018. So easy to fix. You can create a little was supposed to be somewhere in the that little tiny differential you see on smorgasbord of policy. Some might be $600 billion range. Our projection for that chart between the red and the aged, some might be folks with certain the 2016 budget is maybe about $260 bil- green is sequestration. assets and opting out. There are a lion. We have been really lucky. whole series of creative things to do. Mr. MULVANEY. Mr. SCHWEIKERT, Mr. PERRY. It is the only benefit of You give some optionality to young would you like to wager a guess as to a weak economy. people. Because those who now are the likelihood of that reduction stay- Mr. MULVANEY. It is also the ben- going to live in sort of the ‘‘gig’’ econ- ing in law is? efit of a totally accommodating Fed- omy have the ability to put in 50 cents Mr. SCHWEIKERT. It has got to en- eral Reserve, who sets the price of in- every time they have a transaction or rage us that if you really cared about terest through things like quantitative by using the technology of these super- the country, you would have the two easing, which is nothing more than computers we all carry in our pocket. conversations we are demanding: one, printing money. They have unnatu- Mr. PERRY. Many of your constitu- your willingness to change the Tax rally depressed rates. ents hear, from time to time, whether Code and the regulatory code—the Depressed interest rates is nothing it is the President, people on the other things that help grow the economy— more than the cost of money. One of side—and, frankly, people on our side— and; two, how are you going to deal the direct beneficiaries of that has say that we are reducing the deficits. with the mandatory spending—the en- been this body. It has been much easier They hear this. titlements—that are blowing off the for us to run of these huge deficits— If they don’t come to your townhall charts? which is the annual debt—and the over- meeting, they say: Well, the deficit is Mr. PERRY. But the bigger point of all debt, simply because it is essen- smaller, right? So that is good. What is this slide, if you will, is that even with tially been free money for the last 6 or all this hara-kiri about Social Security sequestration, you can see that, first of 7 years. and debt. What is all the histrionics? all, it is not different from the normal Mr. SCHWEIKERT. Mr. MULVANEY, Mr. SCHWEIKERT. We are going to program spending. It has absolutely would you agree that the cheap money, get to that in a second, because you nothing to do with the huge portion of the artificial liquidity, has kept Con- have to understand how much the def- spending which is mandatory that gress from doing what it knew it had to icit has gone up this year. We have a eclipses everything we do, regardless. do in reforming the entitlement pro- slide somewhere here that is going to Mr. SCHWEIKERT. Mr. MULVANEY grams? tell us that. and I have been having a running con- Mr. MULVANEY. There is no ques- May I ask the Speaker how much versation about how we put together a tion. At $16 trillion of debt, roughly, time I have remaining? budget for this coming year. One of the which is the public debt now, you are The SPEAKER pro tempore (Mr. discussions that we have been trying to talking about interest rates below 2 BUCK). The gentleman from Arizona calculate is, okay, they blew up some percent. has 12 minutes remaining. of the spending caps last year. It is Mr. SCHWEIKERT. If you really Mr. SCHWEIKERT. Let’s actually what it is. But if they had paid for that want to get geeky, it is getting shorter run through these. Let’s use our last 12 increased spending with reforms in en- because they are going shorter on what minutes and get exactly to your point titlements, that is something that goes they call the weighted daily average. of where we are at and what has been on and on and on and multiplies out Mr. MULVANEY. The 40-year rolling going on. into the future. average is about 6 percent. That is

VerDate Sep 11 2014 03:38 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K10FE7.094 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE February 10, 2016 CONGRESSIONAL RECORD — HOUSE H707 what money ordinarily costs the ences in South Carolina, have you ever SENATE BILL REFERRED United States of America. It is about 6 shown them the chart that this year A bill of the Senate of the following percent if you look at it over a genera- and next year were supposed to be the title was taken from the Speaker’s tional length of time. good years? It was supposed to be fairly table and, under the rule, referred as If we simply regress to the mean and flat, and then it explodes. follows: end up with money costing us about 6 Mr. MULVANEY. Actually, I have S. 2109. An Act to direct the Administrator percent, you are talking about more been showing them that chart since of the Federal Emergency Management than $1 trillion a year in just interest you and I arrived in 2011 because the Agency to develop an integrated plan to re- payments. number has not changed significantly. duce administrative costs under the Robert Mr. SCHWEIKERT. It is coming. When you and I arrived and served on T. Stafford Disaster Relief and Emergency This goes back to what my friend the Budget Committee together in 2011, Assistance Act, and for other purposes; to from Pennsylvania was commenting the Committee on Transportation and Infra- we could have told people roughly what structure. on. What do we look like in the year we the deficit would have been this year. are in right now? Functionally, we are The projections have not changed. f going to be borrowing about $545 bil- Mr. SCHWEIKERT. And what hap- ADJOURNMENT lion this year. This was supposed to be pened between last August and now Mr. SCHWEIKERT. Mr. Speaker, I one of the good years. Understand that that all of a sudden—remember, last move that the House do now adjourn. the inflection doesn’t happen until year, the deficit was about $150 billion The motion was agreed to; accord- 2018, when the debt starts to explode. lower than this, than we are going to ingly (at 7 o’clock and 31 minutes This was one of the good years. run this year. Multiple things hap- p.m.), under its previous order, the Do you understand what $545 billion pened: House adjourned until tomorrow, is? No one does. That is a lot of zeroes. We didn’t come close to the economic Thursday, February 11, 2016, at 10 a.m. It is $1.493 billion a day. It is $62 mil- growth we had built and modeled. for morning-hour debate. lion a hour. But, think of this. My fa- The movement of our citizens into f vorite one is that it is $1 million a certain programs has been greater than EXECUTIVE COMMUNICATIONS, minute. It is $17,000 a second. And unexpected, and fewer velocity. ETC. derstand this goes up in 9 years. It ba- We say unemployment is this, but sically triples. This triples in 9 years. when we actually look at the actual Under clause 2 of rule XIV, executive So, we are borrowing $17,000 a second, tax revenues coming from it, there is a communications were taken from the and that number triples in 9 years. I disconnect. There is something hor- Speaker’s table and referred as follows: threw these together because I figured ribly wrong there. So there is some- 4289. A letter from the Management and we would have a little bit of fun here. thing wrong in economic growth. Program Analyst, FAA, Department of So, we are holding a townhall. We get And then we blew up many of the se- Transportation, transmitting the Depart- some of the groups that come in and ment’s final rule — Airworthiness Direc- questration caps last year. tives; Airbus Airplanes [Docket No.: FAA- fuss at us and say: Well, I saw some- Well, ultimately, we went from, I 2015-1429; Directorate Identifier 2014-NM-246- where on some news article that said think we had a $420 billion, $430 billion AD; Amendment 39-18382; AD 2016-02-03] (RIN: you should get rid of subsidies for fossil deficit last year, which was still stun- 2120-AA64) received February 8, 2016, pursu- fuels. ning, and now we are going to be $545 ant to 5 U.S.C. 801(a)(1)(A); Added by Public First off, it is depreciation, just like billion. Law 104-121, Sec. 251; (110 Stat. 868); to the every business has, but let’s say you Look, these are big numbers. It Committee on Transportation and Infra- took away that depreciation from the structure. makes your brain hurt. They are un- 4290. A letter from the Management and production of natural gas and oil. You comfortable. But what you have to ap- Program Analyst, FAA, Department of took it all away. preciate, it is stunning, and it gets dra- Transportation, transmitting the Depart- If we are borrowing, functionally, $1.5 matically worse in 20 months. We hit ment’s final rule — Airworthiness Direc- billion every single day, and you took what was called the inflection. tives; Airbus Airplanes [Docket No.: FAA- it all away, it would buy you 12 min- I remember reading about this a dec- 2014-1045; Directorate Identifier 2014-NM-031- utes and 41 seconds of borrowing cov- ade or two decades ago. It is when the AD; Amendment 39-18372; AD 2016-01-13] (RIN: erage a day. There are 1,440 minutes in baby boom population has been moved 2120-AA64) received February 8, 2016, pursu- a day, and you just came up with a way ant to 5 U.S.C. 801(a)(1)(A); Added by Public in to retirement. And the spiking years Law 104-121, Sec. 251; (110 Stat. 868); to the to cover 13 minutes. It shows you how are moving in, and they are starting to Committee on Transportation and Infra- fake many of these rhetorical things receive their earned benefits. Then we structure. are that we hear from the political start adding a couple of hundred billion 4291. A letter from the Management and class, particularly the left. dollars every year in new borrowing, Program Analyst, FAA, Department of Let’s actually take the next step. and it blows off the chart. Transportation, transmitting the Depart- What about green energy? Did you Mr. Speaker, I yield back the balance ment’s final rule — Airworthiness Direc- tives; Bombardier, Inc. Airplanes [Docket know green energy has three times the of my time. subsidies of fossil fuels? No.: FAA-2014-0447; Directorate Identifier f 2014-NM-019-AD; Amendment 39-18368; AD Let’s say you took every dime of the 2016-01-09] (RIN: 2120-AA64) received Feb- $36.7 million day that green energy MESSAGE FROM THE SENATE ruary 8, 2016, pursuant to 5 U.S.C. gets. That buys you almost 35 minutes 801(a)(1)(A); Added by Public Law 104-121, a day. There are 1,440 minutes in a day. A message from the Senate by Ms. Sec. 251; (110 Stat. 868); to the Committee on We took care of 12 minutes by getting Curtis, one of its clerks, announced Transportation and Infrastructure. rid of the tax deductions and deprecia- that the Senate has passed with an 4292. A letter from the Management and tion for fossil fuels. You got rid of 35 amendment in which the concurrence Program Analyst, FAA, Department of Transportation, transmitting the Depart- minutes and 24 seconds if you got rid of of the House is requested, a bill of the ment’s final rule — Airworthiness Direc- it all for renewables. House of the following title: tives; Dassault Aviation Airplanes [Docket My point is, much of the rhetorical H.R. 757. An Act to improve the enforce- No.: FAA-2015-2967; Directorate Identifier things we hear from the President, ment of sanctions against the Government of 2014-NM-072-AD; Amendment 39-18376; AD from our friends on the left, are com- North Korea, and for other purposes. 2016-01-16] (RIN: 2120-AA64) received Feb- pletely frauds, mathematically. We ruary 8, 2016, pursuant to 5 U.S.C. have to understand something very, f 801(a)(1)(A); Added by Public Law 104-121, very simple. We are borrowing more Sec. 251; (110 Stat. 868); to the Committee on LEAVE OF ABSENCE Transportation and Infrastructure. than half a trillion dollars this year. In By unanimous consent, leave of ab- 4293. A letter from the Management and 20 months, the debt starts to explode. Program Analyst, FAA, Department of sence was granted to: b 1930 Transportation, transmitting the Depart- Mr. HUDSON (at the request of Mr. ment’s final rule — Airworthiness Direc- Mr. MULVANEY, when you have actu- MCCARTHY) for today on account of ill- tives; The Boeing Company Airplanes [Dock- ally been in front of some of your audi- ness. et No.: FAA-2015-1990; Directorate Identifier

VerDate Sep 11 2014 03:41 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K10FE7.095 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H708 CONGRESSIONAL RECORD — HOUSE February 10, 2016 2015-NM-027-AD; Amendment 39-18364; AD Committee on Transportation and Infra- Transportation, transmitting the Depart- 2016-01-05] (RIN: 2120-AA64) received Feb- structure. ment’s final rule — Airworthiness Direc- ruary 8, 2016, pursuant to 5 U.S.C. 4301. A letter from the Management and tives; Airbus Airplanes [Docket No.: FAA- 801(a)(1)(A); Added by Public Law 104-121, Program Analyst, FAA, Department of 2015-0937; Directorate Identifier 2014-NM-024- Sec. 251; (110 Stat. 868); to the Committee on Transportation, transmitting the Depart- AD; Amendment 39-18348; AD 2015-25-10] (RIN: Transportation and Infrastructure. ment’s final rule — Airworthiness Direc- 2120-AA64) received February 8, 2016, pursu- 4294. A letter from the Management and tives; Airbus Airplanes [Docket No.: FAA- ant to 5 U.S.C. 801(a)(1)(A); Added by Public Program Analyst, FAA, Department of 2015-1275; Directorate Identifier 2014-NM-070- Law 104-121, Sec. 251; (110 Stat. 868); to the Transportation, transmitting the Depart- AD; Amendment 39-18354; AD 2015-26-06] (RIN: Committee on Transportation and Infra- ment’s final rule — Airworthiness Direc- 2120-AA64) received February 8, 2016, pursu- structure. tives; Airbus Airplanes [Docket No.: FAA- ant to 5 U.S.C. 801(a)(1)(A); Added by Public f 2015-1427; Directorate Identifier 2013-NM-203- Law 104-121, Sec. 251; (110 Stat. 868); to the AD; Amendment 39-18380; AD 2016-02-01] (RIN: Committee on Transportation and Infra- REPORTS OF COMMITTEES ON 2120-AA64) received February 8, 2016, pursu- structure. PUBLIC BILLS AND RESOLUTIONS ant to 5 U.S.C. 801(a)(1)(A); Added by Public 4302. A letter from the Management and Law 104-121, Sec. 251; (110 Stat. 868); to the Program Analyst, FAA, Department of Under clause 2 of rule XIII, reports of Committee on Transportation and Infra- Transportation, transmitting the Depart- committees were delivered to the Clerk structure. ment’s final rule — Airworthiness Direc- for printing and reference to the proper 4295. A letter from the Management and tives; Airbus Airplanes [Docket No.: FAA- calendar, as follows: Program Analyst, FAA, Department of 2015-1981; Directorate Identifier 2014-NM-204- Mr. BURGESS: Committee on Rules. House Transportation, transmitting the Depart- AD; Amendment 39-18362; AD 2016-01-03] (RIN: Resolution 611. Resolution providing for con- ment’s final rule — Airworthiness Direc- 2120-AA64) received February 8, 2016, pursu- sideration of the bill (H.R. 2017) to amend the tives; Agusta S.p.A. Helicopters [Docket No.: ant to 5 U.S.C. 801(a)(1)(A); Added by Public Federal Food, Drug, and Cosmetic Act to im- FAA-2015-8695; Directorate Identifier 2015- Law 104-121, Sec. 251; (110 Stat. 868); to the prove and clarify certain disclosure require- SW-042-AD; Amendment 39-18365; AD 2016-01- Committee on Transportation and Infra- ments for restaurants and similar retail food 06] (RIN: 2120-AA64) received February 8, structure. establishments, and to amend the authority 4303. A letter from the Management and 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Added to bring proceedings under section 403A, and Program Analyst, FAA, Department of by Public Law 104-121, Sec. 251; (110 Stat. providing for proceedings during the period Transportation, transmitting the Depart- 868); to the Committee on Transportation from February 15, 2016, through February 22, ment’s final rule — Airworthiness Direc- and Infrastructure. 2016 (Rept. 114–421). Referred to the House 4296. A letter from the Management and tives; Piper Aircraft, Inc. Airplanes [Docket Calendar. Program Analyst, FAA, Department of No.: FAA-2015-4213; Directorate Identifier Transportation, transmitting the Depart- 2015-CE-022-AD; Amendment 39-18359; AD f ment’s final rule — Airworthiness Direc- 2016-01-01] (RIN: 2120-AA64) received Feb- PUBLIC BILLS AND RESOLUTIONS tives; Bombardier, Inc. Airplanes [Docket ruary 8, 2016, pursuant to 5 U.S.C. No.: FAA-2015-0081; Directorate Identifier 801(a)(1)(A); Added by Public Law 104-121, Under clause 2 of rule XII, public 2014-NM-170-AD; Amendment 39-18371; AD Sec. 251; (110 Stat. 868); to the Committee on bills and resolutions of the following 2016-01-12] (RIN: 2120-AA64) received Feb- Transportation and Infrastructure. titles were introduced and severally re- ruary 8, 2016, pursuant to 5 U.S.C. 4304. A letter from the Management and ferred, as follows: 801(a)(1)(A); Added by Public Law 104-121, Program Analyst, FAA, Department of Sec. 251; (110 Stat. 868); to the Committee on Transportation, transmitting the Depart- By Mr. DOLD (for himself and Mr. Transportation and Infrastructure. ment’s final rule — Airworthiness Direc- VARGAS): 4297. A letter from the Management and tives; Bombardier, Inc. Airplanes [Docket H.R. 4514. A bill to authorize State and Program Analyst, FAA, Department of No.: FAA-2014-1049; Directorate Identifier local governments to divest from entities Transportation, transmitting the Depart- 2013-NM-110-AD; Amendment 39-18361; AD that engage in commerce or investment-re- ment’s final rule — Airworthiness Direc- 2016-01-02] (RIN: 2120-AA64) received Feb- lated boycott, divestment, or sanctions ac- tives; Airbus Airplanes [Docket No.: FAA- ruary 8, 2016, pursuant to 5 U.S.C. tivities targeting Israel, and for other pur- 2015-1991; Directorate Identifier 2014-NM-251- 801(a)(1)(A); Added by Public Law 104-121, poses; to the Committee on Financial Serv- AD; Amendment 39-18381; AD 2016-02-02] (RIN: Sec. 251; (110 Stat. 868); to the Committee on ices. 2120-AA64) received February 8, 2016, pursu- Transportation and Infrastructure. By Mr. CALVERT (for himself and Mr. ant to 5 U.S.C. 801(a)(1)(A); Added by Public 4305. A letter from the Management and COOK): Law 104-121, Sec. 251; (110 Stat. 868); to the Program Analyst, FAA, Department of H.R. 4515. A bill to amend title 18, United Committee on Transportation and Infra- Transportation, transmitting the Depart- States Code, to increase the maximum pen- structure. ment’s final rule — Airworthiness Direc- alty for mail theft; to the Committee on the 4298. A letter from the Management and tives; Airbus Airplanes [Docket No.: FAA- Judiciary. Program Analyst, FAA, Department of 2015-1422; Directorate Identifier 2014-NM-125- By Mr. JOHNSON of Georgia (for him- Transportation, transmitting the Depart- AD; Amendment 39-18370; AD 2016-01-11] (RIN: self, Ms. JACKSON LEE, Mr. CICILLINE, ment’s final rule — Airworthiness Direc- 2120-AA64) received February 8, 2016, pursu- and Mr. COHEN): tives; Airbus Airplanes [Docket No.: FAA- ant to 5 U.S.C. 801(a)(1)(A); Added by Public H.R. 4516. A bill to require data brokers to 2015-0678; Directorate Identifier 2013-NM-207- Law 104-121, Sec. 251; (110 Stat. 868); to the establish procedures to ensure the accuracy AD; Amendment 39-18367; AD 2016-01-08] (RIN: Committee on Transportation and Infra- of collected personal information, and for 2120-AA64) received February 8, 2016, pursu- structure. other purposes; to the Committee on Energy ant to 5 U.S.C. 801(a)(1)(A); Added by Public 4306. A letter from the Management and and Commerce. Law 104-121, Sec. 251; (110 Stat. 868); to the Program Analyst, FAA, Department of By Mr. JOHNSON of Georgia (for him- Committee on Transportation and Infra- Transportation, transmitting the Depart- self, Mr. BARTON, Mr. CHABOT, Ms. structure. ment’s final rule — Airworthiness Direc- JACKSON LEE, Mr. CICILLINE, and Mr. 4299. A letter from the Management and tives; The Boeing Company Airplanes [Dock- COHEN): Program Analyst, FAA, Department of et No.: FAA-2015-1990; Directorate Identifier H.R. 4517. A bill to provide for greater Transportation, transmitting the Depart- 2015-NM-027-AD; Amendment 39-18364; AD transparency in and user control over the ment’s final rule — Airworthiness Direc- 2016-01-05] (RIN: 2120-AA64) received Feb- treatment of data collected by mobile appli- tives; The Boeing Company Airplanes [Dock- ruary 8, 2016, pursuant to 5 U.S.C. cations and to enhance the security of such et No.: FAA-2015-1984; Directorate Identifier 801(a)(1)(A); Added by Public Law 104-121, data; to the Committee on Energy and Com- 2015-NM-022-AD; Amendment 39-18363; AD Sec. 251; (110 Stat. 868); to the Committee on merce. 2016-01-04] (RIN: 2120-AA64) received Feb- Transportation and Infrastructure. By Mr. EMMER of Minnesota (for him- ruary 8, 2016, pursuant to 5 U.S.C. 4307. A letter from the Management and self, Mrs. LOVE, Mr. MULVANEY, and 801(a)(1)(A); Added by Public Law 104-121, Program Analyst, FAA, Department of Mr. WILLIAMS): Sec. 251; (110 Stat. 868); to the Committee on Transportation, transmitting the Depart- H.R. 4518. A bill to amend the Internal Rev- Transportation and Infrastructure. ment’s final rule — Airworthiness Direc- enue Code of 1986 to lower the corporate rate 4300. A letter from the Management and tives; Fokker Services B.V. Airplanes [Dock- of income tax to the OECD average, and for Program Analyst, FAA, Department of et No.: FAA-2015-1982; Directorate Identifier other purposes; to the Committee on Ways Transportation, transmitting the Depart- 2014-NM-108-AD; Amendment 39-18353; AD and Means. ment’s final rule — Airworthiness Direc- 2015-26-05] (RIN: 2120-AA64) received Feb- By Mr. GRAYSON: tives; Airbus Airplanes [Docket No.: FAA- ruary 8, 2016, pursuant to 5 U.S.C. H.R. 4519. A bill to amend title 10, United 2015-8433; Directorate Identifier 2015-NM-194- 801(a)(1)(A); Added by Public Law 104-121, States Code, to provide a five-year extension AD; Amendment 39-18366; AD 2016-01-07] (RIN: Sec. 251; (110 Stat. 868); to the Committee on of the special survivor indemnity allowance 2120-AA64) received February 8, 2016, pursu- Transportation and Infrastructure. provided to widows and widowers of deceased ant to 5 U.S.C. 801(a)(1)(A); Added by Public 4308. A letter from the Management and members of the uniformed services affected Law 104-121, Sec. 251; (110 Stat. 868); to the Program Analyst, FAA, Department of by required Survivor Benefit Plan annuity

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offset for dependency and indemnity com- of Connecticut, Mr. LATTA, Ms. LEE, Mr. DEUTCH, Mrs. MIMI WALTERS of pensation received under section 1311(a) of Mr. LOBIONDO, Ms. LOFGREN, Mr. California, Mr. MURPHY of Florida, title 38, United States Code; to the Com- LOWENTHAL, Mr. BEN RAY LUJA´ N of Ms. CASTOR of Florida, Mr. HECK of mittee on Armed Services. New Mexico, Ms. MICHELLE LUJAN Nevada, Mr. HASTINGS, Mr. MILLER of By Mr. NEWHOUSE (for himself, Mr. GRISHAM of New Mexico, Mrs. CARO- Florida, Mr. POLIQUIN, Mr. QUIGLEY, PETERSON, Mr. CONAWAY, Mr. MILLER LYN B. MALONEY of New York, Ms. Mr. TAKANO, and Mr. JOHNSON of of Florida, Mr. MCGOVERN, Mr. KELLY MATSUI, Ms. MCCOLLUM, Mr. Georgia): of Mississippi, Mr. WELCH, Mr. ROD- MCDERMOTT, Mr. MCNERNEY, Mr. H.R. 4526. A bill to amend the Restore On- NEY DAVIS of Illinois, Ms. KUSTER, MEEHAN, Ms. MENG, Ms. MOORE, Mr. line Shoppers’ Confidence Act to protect con- Mr. GIBSON, Mr. DAVID SCOTT of Geor- MURPHY of Florida, Mrs. NAPOLITANO, sumers from deceptive practices with respect gia, Mr. ROUZER, Ms. DELBENE, Mr. Mr. NOLAN, Mr. NUNES, Mr. LUCAS, Mr. NOLAN, Ms. JENKINS of O’ROURKE, Mr. PASCRELL, Mr. PERL- to online booking of hotel reservations and Kansas, Ms. SLAUGHTER, Mr. MUTTER, Ms. PINGREE, Mr. POCAN, Mr. to direct the Federal Trade Commission to BENISHEK, Ms. MICHELLE LUJAN GRIS- POE of Texas, Mr. POLIS, Mr. RANGEL, conduct a study with respect to online shop- HAM of New Mexico, Mr. YOHO, Mrs. Ms. ROYBAL-ALLARD, Mr. PRICE of ping for hotel reservations, and for other BUSTOS, Mr. GOODLATTE, Mr. CLAY, North Carolina, Mr. RUIZ, Ms. LINDA purposes; to the Committee on Energy and Mr. LAMALFA, Mrs. BEATTY, Mr. T. SA´ NCHEZ of California, Mr. SHER- Commerce. LUETKEMEYER, Mr. VELA, Mrs. MAN, Mr. VAN HOLLEN, Mr. VEASEY, By Mr. KILMER (for himself and Mr. WALORSKI, Mr. WALZ, Mr. ALLEN, Mr. Mr. VELA, Ms. VELA´ ZQUEZ, Mr. YAR- RUSSELL): COSTA, Mr. THOMPSON of Pennsyl- MUTH, Ms. BONAMICI, Ms. DELBENE, H.R. 4527. A bill to temporarily authorize vania, Ms. KAPTUR, Mr. BOST, Mr. Ms. BASS, Ms. JUDY CHU of California, recently retired members of the armed forces ASHFORD, Mrs. HARTZLER, Mr. POCAN, Ms. HAHN, Mr. HIGGINS, Mr. KIND, Mr. to be appointed to certain civil service posi- Mr. ABRAHAM, Mr. HASTINGS, Mr. MCGOVERN, Mr. PETERS, Mr. PETER- GIBBS, Mr. KIND, Mr. DENHAM, Ms. SON, Mr. SMITH of Washington, Mr. tions, require the Secretary of Defense to FUDGE, Mr. SMITH of Missouri, Ms. VISCLOSKY, Ms. WASSERMAN SCHULTZ, issue certain notifications, and for other pur- GRAHAM, Mr. AUSTIN SCOTT of Geor- Mr. WELCH, Mrs. CAPPS, Mr. DEFAZIO, poses; to the Committee on Armed Services, gia, Mr. HURD of Texas, Mr. NEUGE- Mr. KILDEE, Mrs. BEATTY, Mr. CUM- and in addition to the Committee on Over- BAUER, Mr. ROE of Tennessee, Mr. MINGS, Mr. DANNY K. DAVIS of Illi- sight and Government Reform, for a period BISHOP of Michigan, Mrs. MCMORRIS nois, Mr. DEUTCH, Ms. FRANKEL of to be subsequently determined by the Speak- RODGERS, Mr. PEARCE, and Mr. COL- Florida, Mr. HOYER, Ms. JACKSON er, in each case for consideration of such pro- LINS of Georgia): LEE, and Mr. THOMPSON of Mis- visions as fall within the jurisdiction of the H.R. 4520. A bill to posthumously award a sissippi): committee concerned. Congressional gold medal to Justin Smith H.R. 4521. A bill to transfer recreational By Mr. TED LIEU of California (for Morrill, United States Senator of the State management authority for Lake Berryessa himself, Mr. FARENTHOLD, Ms. of Vermont, in recognition of his lasting con- in the State of California from the Bureau of DELBENE, and Mr. BISHOP of Michi- tributions to higher education opportunity Reclamation to the Bureau of Land Manage- gan): for all Americans; to the Committee on Fi- ment, and for other purposes; to the Com- nancial Services, and in addition to the Com- mittee on Natural Resources. H.R. 4528. A bill to preempt State data se- mittee on House Administration, for a period By Ms. ROS-LEHTINEN (for herself, curity vulnerability mandates and to be subsequently determined by the Speak- Mr. MEADOWS, Mr. WEBER of Texas, decryption requirements; to the Committee er, in each case for consideration of such pro- Mr. HUELSKAMP, Mr. SALMON, Mr. on the Judiciary, and in addition to the visions as fall within the jurisdiction of the CHABOT, Mr. MCCAUL, Mr. MICA, Mr. Committee on Energy and Commerce, for a committee concerned. CRENSHAW, Mr. KLINE, Mr. KINZINGER period to be subsequently determined by the By Mr. THOMPSON of California (for of Illinois, Mr. ZELDIN, Mr. Speaker, in each case for consideration of himself, Mr. BECERRA, Mr. BENISHEK, SCHWEIKERT, and Mr. YOHO): such provisions as fall within the jurisdic- Mr. BERA, Mr. BILIRAKIS, Mr. BISHOP H.R. 4522. A bill to amend the Anti-Ter- tion of the committee concerned. of Georgia, Mr. BLUMENAUER, Mr. rorism Act of 1987 with respect to certain By Mr. MURPHY of Florida: BOUSTANY, Mr. BRADY of Pennsyl- prohibitions regarding the Palestine Libera- vania, Mr. BRADY of Texas, Ms. tion Organization under that Act; to the H.R. 4529. A bill to amend title II of the So- BROWNLEY of California, Mr. Committee on Foreign Affairs. cial Security Act to provide for an annual in- BUCHANAN, Mr. CALVERT, Mr. By Mr. COFFMAN (for himself, Mr. crease in the contribution and benefit base, CA´ RDENAS, Mr. CARNEY, Mr. DEFAZIO, Mr. POLIS, and Mr. ROHR- to exclude a certain number of childcare CICILLINE, Ms. CLARK of Massachu- ABACHER): years from the benefit computation formula, setts, Ms. CLARKE of New York, Mr. H.R. 4523. A bill to repeal the Military Se- and for other purposes; to the Committee on CLAY, Mr. COHEN, Mr. COLE, Mr. CON- lective Service Act, and thereby terminate Ways and Means. NOLLY, Mr. CONYERS, Mr. COOK, Mr. the registration requirements of such Act By Mr. POLIS (for himself and Mr. COOPER, Mr. COSTA, Mr. CRENSHAW, and eliminate civilian local boards, civilian AMODEI): Mr. CROWLEY, Mrs. DAVIS of Cali- appeal boards, and similar local agencies of the Selective Service System; to the Com- H.R. 4530. A bill to implement integrity fornia, Ms. DEGETTE, Mr. DELANEY, measures to strengthen the EB-5 Regional Ms. DELAURO, Mr. DENT, Ms. mittee on Armed Services. Center Program in order to promote and re- EDWARDS, Ms. ESHOO, Ms. ESTY, Mr. By Mr. CROWLEY (for himself and Ms. form foreign capital investment and job cre- FARR, Mr. FATTAH, Mr. FITZPATRICK, FRANKEL of Florida): ation in American communities; to the Com- Mr. GARAMENDI, Mr. GRIJALVA, Mr. H.R. 4524. A bill to amend the Social Secu- rity Act to provide for mandatory funding, mittee on the Judiciary. RUPPERSBERGER, Mr. RYAN of Ohio, to ensure that the families that have infants By Mr. SABLAN: Ms. SCHAKOWSKY, Mr. SCHIFF, Mr. and toddlers, have a family income of not DAVID SCOTT of Georgia, Mr. SES- H.R. 4531. A bill to approve an agreement more than 200 percent of the applicable Fed- SIONS, Ms. SEWELL of Alabama, Mr. between the United States and the Republic eral poverty guideline, and need child care SHIMKUS, Ms. SINEMA, Mr. SIRES, Ms. of Palau, and for other purposes; to the Com- have access to high-quality infant and tod- SLAUGHTER, Ms. SPEIER, Mr. dler child care by the end of fiscal year 2026, mittee on Natural Resources, and in addition SWALWELL of California, Mr. TAKANO, and for other purposes; to the Committee on to the Committee on Foreign Affairs, for a Mr. TIBERI, Ms. TITUS, Mr. TONKO, Ways and Means, and in addition to the Com- period to be subsequently determined by the Mr. VARGAS, Mr. WALZ, Ms. MAXINE mittee on Education and the Workforce, for Speaker, in each case for consideration of WATERS of California, Mr. WESTMORE- a period to be subsequently determined by such provisions as fall within the jurisdic- LAND, Ms. WILSON of Florida, Mr. the Speaker, in each case for consideration tion of the committee concerned. YOUNG of Alaska, Mr. CAPUANO, Mr. of such provisions as fall within the jurisdic- By Mr. STEWART (for himself, Mrs. CARSON of Indiana, Mr. DOGGETT, Mr. tion of the committee concerned. LOVE, Mr. CHAFFETZ, and Mr. BISHOP MICHAEL F. DOYLE of Pennsylvania, By Ms. DELAURO: of Utah): Mr. ENGEL, Ms. GABBARD, Mr. GRAY- H.R. 4525. A bill to make a supplemental H. Con. Res. 114. Concurrent resolution ex- SON, Mr. HECK of Washington, Mr. appropriation for the Public Health Emer- pressing concern over the disappearance of HIMES, Mr. KEATING, Mr. KENNEDY, gency Fund, and for other purposes; to the Mr. KILMER, Ms. KUSTER, Mr. LEVIN, Committee on Appropriations, and in addi- David Sneddon, and for other purposes; to Mr. LEWIS, Mrs. LOWEY, Mr. NEAL, tion to the Committee on the Budget, for a the Committee on Foreign Affairs, and in ad- Mr. HASTINGS, Mr. HONDA, Mr. period to be subsequently determined by the dition to the Committee on Intelligence HUFFMAN, Mr. HUNTER, Mr. ISRAEL, Speaker, in each case for consideration of (Permanent Select), for a period to be subse- Mr. JOHNSON of Georgia, Ms. EDDIE such provisions as fall within the jurisdic- quently determined by the Speaker, in each BERNICE JOHNSON of Texas, Ms. KAP- tion of the committee concerned. case for consideration of such provisions as TUR, Mr. KING of New York, Mr. By Ms. FRANKEL of Florida (for her- fall within the jurisdiction of the committee LAMALFA, Mr. LANGEVIN, Mr. LARSON self, Ms. ROS-LEHTINEN, Mr. SHUSTER, concerned.

VerDate Sep 11 2014 03:41 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\L10FE7.100 H10FEPT1 smartinez on DSK4TPTVN1PROD with HOUSE H710 CONGRESSIONAL RECORD — HOUSE February 10, 2016 CONSTITUTIONAL AUTHORITY Congress has the power to enact this legis- H.R. 2148: Mr. LAMALFA, Mr. ALLEN, and STATEMENT lation pursuant to the following: Mr. CHABOT. Article I, Section 8 of the U.S. Constitu- H.R. 2228: Mr. COHEN. Pursuant to clause 7 of rule XII of tion H.R. 2236: Mr. CONYERS. the Rules of the House of Representa- By Ms. DELAURO: H.R. 2300: Mr. COLLINS of Georgia. tives, the following statements are sub- H.R. 4525. H.R. 2330: Mr. OLSON. mitted regarding the specific powers Congress has the power to enact this legis- H.R. 2400: Mr. TROTT. granted to Congress in the Constitu- lation pursuant to the following: H.R. 2411. Mrs. BEATTY. tion to enact the accompanying bill or Article I, Section 9, Clause 7 and Article I, H.R. 2418: Mr. REED. H.R. 2449: Mr. GUTIE´ RREZ, Ms. BROWNLEY of joint resolution. Section 8, Clause 1 By Ms. FRANKEL of Florida: California, and Ms. SLAUGHTER. By Mr. DOLD: H.R. 4526. H.R. 2515: Mrs. COMSTOCK, Mr. MULLIN, H.R. 4514. Congress has the power to enact this legis- Mrs. NAPOLITANO, and Mr. WEBSTER of Flor- Congress has the power to enact this legislation pursuant to the following: ida. lation pursuant to the following: Article I, Section 8, Clauses 3 and 18 of the H.R. 2631: Mr. BRAT. Article I, Section 8, Clause 3 U.S. Constitution, respectively giving Con- H.R. 2680: Ms. DUCKWORTH and Mr. MURPHY By Mr. CALVERT: gress the authority to regulate interstate of Florida. H.R. 4515. commerce and to make all laws neccessary H.R. 2698: Mr. PEARCE. Congress has the power to enact this legis- and proper for carrying into execution the H.R. 2715: Mr. HASTINGS and Mr. lation pursuant to the following: GARAMENDI. The constitutional authority of Congress powers of Congress. H.R. 2737: Mr. MILLER of Florida and Mr. to enact this legislation is provided by Arti- By Mr. KILMER: PALLONE. cle I, section 8 of the United States Constitu- H.R. 4527. H.R. 2802: Mr. CHABOT. tion, specifically clause 18 (relating to the Congress has the power to enact this legis- H.R. 2823: Ms. MENG. power to make all laws necessary and proper lation pursuant to the following: H.R. 2992: Mr. CONAWAY, Mr. UPTON, Mr. for carrying out the powers vested in Con- Article 1, Section 8 of the United States WILSON of South Carolina, Mr. PEARCE, Mr. gress). Constitution. YODER, and Mr. MARCHANT. By Mr. JOHNSON of Georgia: By Mr. TED LIEU of California: H.R. 3099: Mr. ROE of Tennessee, Ms. H.R. 4516. H.R. 4528. STEFANIK, and Mr. COURTNEY. Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 3142: Mr. SCHIFF and Mr. GARAMENDI. lation pursuant to the following: lation pursuant to the following: H.R. 3180: Mr. REED, Miss RICE of New Article 1, Section 8. Article 1, Section 8, Clause 3 of the U.S. York, and Mr. KILMER. By Mr. JOHNSON of Georgia: Constitution H.R. 3229: Mr. POCAN. H.R. 4517. By Mr. MURPHY of Florida: Congress has the power to enact this legis- H.R. 4529. H.R. 3283: Mr. WALBERG. H.R. 3323: Mr. FITZPATRICK. lation pursuant to the following: Congress has the power to enact this legis- Article 1, Section 8. lation pursuant to the following: H.R. 3326: Ms. CLARK of Massachusetts. By Mr. EMMER of Minnesota: The General Welfare Clause of Article 1, H.R. 3355: Mr. HOLDING. H.R. 4518. Section 8, of the U.S. Constitution. H.R. 3365: Mr. NORCROSS and Mr. SWALWELL Congress has the power to enact this legis- By Mr. POLIS: of California. lation pursuant to the following: H.R. 4530. H.R. 3381: Mr. SARBANES, Mr. WALBERG, and Clause 1, Section 8 of Article 1 of the Congress has the power to enact this legis- Mr. FORTENBERRY. United States Constitution which reads: lation pursuant to the following: H.R. 3406: Ms. DELBENE, Ms. EDDIE BERNICE ‘‘The Congress shall have Power to lay and Article I, Section 8 of the United States JOHNSON of Texas, and Mr. MEEKS. collect Taxes, Duties, Imposts, and Excises, Constitution H.R. 3516: Mr. LATTA. to pay the Debts, and provide for the com- By Mr. SABLAN: H.R. 3635: Mrs. LAWRENCE. mon Defense and General Welfare of the H.R. 4531. H.R. 3706: Mrs. WAGNER, Mr. GIBSON, and United States; but all Duties and Imposts Congress has the power to enact this legis- Mr. NADLER. and Excises shall be uniform throughout the lation pursuant to the following: H.R. 3782: Mr. MCNERNEY. United States.’’ Under Article I, section 8 of the Constitu- H.R. 3805: Ms. PINGREE. By Mr. GRAYSON: tion. H.R. 3880: Mr. LATTA. H.R. 4519. H.R. 3892: Mr. POSEY, Mr. JOYCE, and Mr. Congress has the power to enact this legis- f SMITH of Texas. H.R. 3913: Mr. GARAMENDI, Ms. JACKSON lation pursuant to the following: ADDITIONAL SPONSORS Clause 3 of Section 8 of Article I of the LEE, Mr. GRAYSON, Mr. GRIJALVA, and Mr. Constitution Under clause 7 of rule XII, sponsors DEFAZIO. By Mr. NEWHOUSE: were added to public bills and resolu- H.R. 3917: Mr. LAMBORN, Mr. SCHRADER, Mr. ´ H.R. 4520. tions, as follows: ISRAEL, Mr. GUTIERREZ, Mr. PRICE of North Congress has the power to enact this legis- Carolina, Ms. BONAMICI, Mr. RYAN of Ohio, H.R. 27: Mr. THORNBERRY. lation pursuant to the following: Mr. WENSTRUP, and Mrs. BEATTY. Article 1, Section 8, Clause 18 H.R. 188: Mrs. BUSTOS and Mr. BEN RAY H.R. 3920: Mr. COLE. ´ By Mr. THOMPSON of California: LUJAN of New Mexico. H.R. 3947: Mr. SWALWELL of California. H.R. 4521. H.R. 191: Mr. FLORES and Mr. ROSS. H.R. 3948: Mr. GUTIE´ RREZ, Ms. NORTON, and Congress has the power to enact this legis- H.R. 267: Mr. POE of Texas. Mr. SWALWELL of California. lation pursuant to the following: H.R. 347: Mr. PEARCE. H.R. 3949: Ms. PLASKETT. Article I Sec I H.R. 467: Ms. KUSTER. H.R. 3952: Mr. GROTHMAN and Mr. POCAN. By Ms. ROS-LEHTINEN: H.R. 662: Mr. FITZPATRICK and Mr. H.R. 3956: Mr. RANGEL and Mrs. ROBY. H.R. 4522. HULTGREN. H.R. 3970: Mr. CONYERS. Congress has the power to enact this legis- H.R. 699: Mrs. NAPOLITANO. H.R. 3986: Mr. TAKANO. lation pursuant to the following: H.R. 700: Ms. DEGETTE and Mr. KENNEDY. H.R. 4007: Mr. CHABOT. Article I, Section 8 of the Constitution H.R. 745: Mr. DEUTCH. H.R. 4013: Mr. POCAN. By Mr. COFFMAN: H.R. 814: Mr. MCCAUL and Mr. LAMALFA. H.R. 4076: Ms. CLARK of Massachusetts. H.R. 4523. H.R. 845: Mr. ROE of Tennessee. H.R. 4087: Mr. JOLLY. Congress has the power to enact this legis- H.R. 863: Mr. REED. H.R. 4126: Mr. FORBES and Mr. OLSON. lation pursuant to the following: H.R. 921: Mr. BUCHANAN. H.R. 4137: Ms. JACKSON LEE. The constitutional authority of Congress H.R. 939: Mr. MCNERNEY. H.R. 4144: Mr. SWALWELL of California. to enact this legislation is provided by Arti- H.R. 1062: Mr. KIND. H.R. 4176: Mr. PASCRELL. cle I, Section 8 of the United States Con- H.R. 1142: Mrs. TORRES. H.R. 4184: Mr. LANGEVIN. stitution (Clauses 12, 13, 14, 16, and 18), which H.R. 1193: Mrs. BEATTY. H.R. 4212: Mr. WELCH and Mr. HUFFMAN. grants Congress the power to raise and sup- H.R. 1284: Ms. KAPTUR. H.R. 4219: Mr. LONG. port an Army; to provide and maintain a H.R. 1391: Mr. DEFAZIO. H.R. 4229: Ms. JENKINS of Kansas and Ms. Navy; to make rules for the government and H.R. 1397: Mr. BISHOP of Georgia. NORTON. regulation of the land and naval forces; to H.R. 1475: Mr. NOLAN. H.R. 4235: Mr. TAKANO and Ms. WASSERMAN provide for organizing, arming, and dis- H.R. 1552: Mr. CICILLINE. SCHULTZ. ciplining the militia; and to make all laws H.R. 1608: Mr. DONOVAN and Mr. PITTENGER. H.R. 4247: Mr. GROTHMAN. necessary and proper for carrying out the H.R. 1736: Mrs. WAGNER. H.R. 4262: Mr. TOM PRICE of Georgia. foregoing powers. H.R. 1769: Mr. RODNEY DAVIS of Illinois. H.R. 4263: Mr. QUIGLEY. By Mr. CROWLEY: H.R. 1887: Mr. KIND. H.R. 4266: Ms. BORDALLO and Mr. NORCROSS. H.R. 4524. H.R. 2144: Mr. PEARCE. H.R. 4281: Mr. COSTA.

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H.R. 4320: Mrs. LOWEY. H.R. 4447: Ms. BORDALLO and Ms. CLARK of H. Res. 588: Mr. JODY B. HICE of Georgia, H.R. 4336: Mr. GOODLATTE and Mr. ROUZER. Massachusetts. Mrs. BLACKBURN, and Mr. BABIN. H.R. 4342: Mr. ALLEN. H.R. 4461: Mrs. ROBY. H. Res. 593: Mr. MCNERNEY and Ms. JUDY ´ H.R. 4344: Mr. MCCLINTOCK. H.R. 4470: Ms. LINDA T. SANCHEZ of Cali- CHU of California. H.R. 4352: Mr. ASHFORD, Ms. STEFANIK, Mr. fornia, Mr. ELLISON, Mrs. LOWEY, Mr. MUR- H. Res. 597: Mr. VEASEY. CARNEY, and Mr. KILMER. PHY of Florida, Ms. FRANKEL of Florida, Mr. H. Res. 610: Mr. SWALWELL of California, H.R. 4355: Ms. JACKSON LEE. SCOTT of Virginia, and Mr. PASCRELL. Mr. MCGOVERN, Mr. NORCROSS, Mr. AL GREEN H.R. 4364: Mr. MCGOVERN. H.R. 4475: Mr. MCNERNEY. H.R. 4365: Mr. PETERSON and Mr. H.R. 4502: Mr. DUNCAN of Tennessee, Mr. of Texas, and Mr. DESAULNIER. FITZPATRICK. WILSON of South Carolina, and Mr. H.R. 4380: Mr. POCAN. FLEISCHMANN. f H.R. 4400: Ms. PLASKETT, Mr. FATTAH, and H.J. Res. 9: Mr. NEWHOUSE. Mr. RANGEL. H. Con. Res. 50: Mrs. ELLMERS of North CONGRESSIONAL EARMARKS, LIM- H.R. 4420: Mr. RENACCI, Mr. TOM PRICE of Carolina. Georgia, Mr. GOWDY, and Mr. ASHFORD. H. Con. Res. 75: Mr. BABIN, Mr. WILSON of ITED TAX BENEFITS, OR LIM- H.R. 4428: Mr. JODY B. HICE of Georgia. South Carolina, and Mr. HECK of Nevada. ITED TARIFF BENEFITS H. Con. Res. 89: Mr. LATTA and Mr. H.R. 4430: Mr. LOBIONDO, Mr. TED LIEU of Under clause 9 of rule XXI, lists or California, Ms. NORTON, Mr. CICILLINE, Ms. BUCSHON. H. Con. Res. 101: Mr. YOUNG of Iowa. JENKINS of Kansas, Mr. SEAN PATRICK MALO- statements on congressional earmarks, H. Con. Res. 105: Mr. ROGERS of Kentucky. NEY of New York, Mr. RODNEY DAVIS of Illi- limited tax benefits, or limited tariff H. Con. Res. 110: Mr. VEASEY. benefits were submitted as follows: nois, Mrs. WAGNER, Mr. MCNERNEY, and Mr. H. Res. 148: Mr. ENGEL and Mr. ROSKAM. MCGOVERN. H. Res. 318: Mr. VEASEY. OFFERED BY MRS. MCMORRIS RODGERS H.R. 4435: Mrs. NAPOLITANO, Ms. SCHA- H. Res. 454: Mr. GOHMERT. KOWSKY, and Ms. CASTOR of Florida. H. Res. 548: Mrs. CAROLYN B. MALONEY of The Manager’s amendment to be offered to H.R. 4436: Mr. JOLLY. New York. H.R. 2017, Common Sense Nutrition Disclo- H.R. 4438: Mr. TAKANO. H. Res. 569: Mr. NOLAN. sure Act of 2015, by Representative McMorris H.R. 4442: Mr. HINOJOSA and Mr. POLIS. H. Res. 571: Mr. GIBSON, Mr. LAMBORN, Ms. Rodgers of Washington, or a designee, does H.R. 4446: Mr. QUIGLEY, Mr. MURPHY of GRANGER, and Mr. KELLY of Mississippi. not contain any congressional earmarks, Florida, Mr. COSTELLO of Pennsylvania, Mr. H. Res. 582: Mrs. BLACK, Mr. MESSER, and limited tax benefits, or limited tariff bene- PIERLUISI, Mr. BUCHANAN, and Mr. WILLIAMS. Mr. ROE of Tennessee. fits as defined in clause 9 of rule XXI.

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Vol. 162 WASHINGTON, WEDNESDAY, FEBRUARY 10, 2016 No. 24 Senate The Senate met at 10 a.m. and was preme Court, given that just weeks ago opments out of North Korea has accel- called to order by the President pro the DC Circuit Court of Appeals cat- erated. These acts of aggression are ex- tempore (Mr. HATCH). egorically rejected a halt in the Clean tremely concerning to the American f Power Plan and States do not need to community, as they should be. start implementing the plan until 2022. Last Saturday, North Korea defied PRAYER This shortsighted decision by the international warnings and launched a The Chaplain, Dr. Barry C. Black, of- Court’s five conservative Justices is an rocket using ballistic missile tech- fered the following prayer: unfortunate setback. It unnecessarily nology. This was a flagrant violation of Let us pray. puts into question a major part of our multiple United Nations Security Eternal God, glorious in strength and country’s effort to address climate Council resolutions. This came less marvelous in majesty, we ascribe to change and protect our environment. than a month after North Korea deto- You the glory due Your Name. You Notwithstanding my amazement, I re- nated a nuclear device, also in clear have elevated this Nation and sus- main confident that the Obama admin- violation of international law. tained it through its history. Keep us istration’s carbon rules are legally That brings us to yesterday, when from forgetting that righteousness ex- sound and will prevail in the courts. the U.S. Director of National Intel- alts, but sin destroys. In the landmark case Massachusetts ligence, James Clapper, confirmed that Lord, infuse our Senators with the v. Environmental Protection Agency, North Korea has restarted a plutonium spirit of humility, enabling them to the Supreme Court itself directed the reactor. The Director estimated that refuse to become legends in their own Environmental Protection Agency to North Korea would be able to recover minds. May they cultivate esteem for address climate change if carbon pollu- fuel from its reactor within a matter of others, seeking for opportunities to tion was found to be a danger to human weeks or months. practice the Golden Rule: Do unto oth- health. Based on enormous scientific The international community quick- ers as you would have them do unto evidence, the EPA did make that find- ly condemned these incidents, as it you. As they work to find common ing and the Agency is required by law should have. President Obama has been ground, give them Your wisdom and to regulate carbon pollution. I can’t a leader in pushing back against the peace. imagine that the Supreme Court would saber-rattling from North Korea. He We pray in Your strong Name. Amen. take such an unprecedented and drastic has worked to galvanize the world in f step at this time. But the unparalleled opposing North Korea’s provocative nature of the Supreme Court’s deci- and destabilizing behavior. Under the PLEDGE OF ALLEGIANCE sions show why Congress must play a President’s leadership, the United The President pro tempore led the role in addressing climate change. States has built a global coalition, in- Pledge of Allegiance, as follows: Climate-denying Republicans in the cluding China and Russia, to impose I pledge allegiance to the Flag of the House and Senate might applaud this sanctions against North Korea. United States of America, and to the Repub- decision, but their refusal to protect There is an international consensus lic for which it stands, one nation under God, Americans from the impact of climate that North Korea’s actions violate indivisible, with liberty and justice for all. change is the real loss for our country. international law and threaten our al- f f lies and partners in the region. Here in the Capitol there is also broad bipar- RECOGNITION OF THE MINORITY NORTH KOREA SANCTIONS tisan agreement that there must be LEADER LEGISLATION consequences for North Korea’s provo- The PRESIDING OFFICER (Mr. COT- Mr. REID. Mr. President, there is no cations. The House of Representatives TON). The Democratic leader is recog- nation on this planet more dedicated to overwhelmingly passed new sanctions nized. fear and intimidation than North legislation. Now the Senate must act. f Korea. Its leader Kim Jong Un is a bru- We need to do it today. Two weeks ago tal dictator. He will stop at nothing to the Senate Foreign Relations Com- CLEAN POWER PLAN keep his power intact and his people mittee unanimously approved the sanc- Mr. REID. Mr. President, I was dis- isolated. That has been proven. tions bill that is now before this body. appointed last night to learn that the To accomplish these objectives, the This legislation would require the Supreme Court temporarily halted the North Korean Government relies on President to investigate and sanction implementation of President Obama’s threats to Japan and other neighbors any person who knowingly imports Clean Power Plan program. This was and, of course, the United States. Re- into North Korea certain goods, tech- an especially stunning move by the Su- cently, the number of alarming devel- nologies, service, training or advice

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

S759

VerDate Sep 11 2014 03:33 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A10FE6.000 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S760 CONGRESSIONAL RECORD — SENATE February 10, 2016 concerning weapons of mass destruc- munity, I extend my gratitude to Ed pass bipartisan legislation that would tion. It also directs the President to infor his tireless commitment to the add to our Nation’s ability to hold vestigate and sanction people who en- Senate. North Korea accountable for its grow- gage in human rights abuses, money f ing aggression. North Korea threatens laundering and related activities, and regional stability and our own national RECOGNITION OF THE MAJORITY cyber terrorism or other cyber van- security. It threatens allies in the re- LEADER dalism. gion, especially South Korea and In addition, the legislation author- The PRESIDING OFFICER. The ma- Japan. izes $15 million to transmit radio jority leader is recognized. As General Clapper stated yesterday, broadcasts to North Korea for the next f it is a country that will continue to advance its nuclear program. I would 5 years. These are commonsense steps TRIBUTE TO ED PESCE that Congress should take in response urge my colleagues to vote yes to the Mr. MCCONNELL. Mr. President, I to North Korea’s unwarranted provo- North Korea Sanctions and Policy En- too wish to say a few words about Ed cation. Everyone in the Senate agrees hancement Act today so we can work Pesce, who today, after 25 years of Fed- that North Korea’s aggression cannot toward keeping our Nation and our al- eral service, is retiring as the director go unanswered. Its actions threaten lies safer. of the Senate Periodical Press Gallery. f the peace and security of the region Ed has been a fixture around here for and, actually, the world. I hope my col- years. You could usually find him right CLEAN POWER PLAN leagues will join with me in passing outside the Chamber, behind the saloon REGULATIONS this legislation today to send a mes- swinging doors of the Senate Periodical Mr. MCCONNELL. Mr. President, now sage to Kim Jong Un that his reckless Press Gallery. on yet another matter, a few years ago behavior will not go unanswered. When George Mitchell was the major- the Obama administration rolled out a f ity leader, that is where you found massive regulatory scheme they TRIBUTE TO ED PESCE him. When Bob Dole had the job, that dubbed a ‘‘Clean Power Plan,’’ an odd is where you found him. It has been choice, given that it would not have a Mr. REID. Mr. President, I so admire true ever since. But you can sometimes meaningful impact on global emissions the family we have here in the Senate. find Ed in other places too. Some or the health of our planet. Here is Many people work ceaselessly to make mornings you can spot Ed at the gym what those massive regulations likely sure the Senate runs well. In the Sen- on a spin cycle. Later in the evening, would do, though: ship middle-class ate Periodical Press Gallery, a small you might see Ed queuing for the pre- jobs overseas, punish the poor, impose group of nonpartisan staffers helps the miere of a Star Wars sequel, maybe more pain on Kentucky coal families congressional press office to work to- even a prequel. who just want to put food on the gether with the communications staff At almost any other time, you likely table—all for the sake, one must as- of Senators and their committees. would find Ed buried in a book. Fiction sume, of letting well-off folks on the Their fingerprints can be found on is one of his favorite genres; history is left feel better about themselves for nearly every part of the Senate’s busi- the other. He certainly witnessed plen- ‘‘doing something.’’ ness. ty of it firsthand. He oversaw media It is pretty clear that the adminis- The Senate Periodical Press Gallery planning and execution for six Presi- tration’s energy regulations threaten a facilitates key parts of Senate busi- dential inaugurations, for half a dozen lot of middle-class pain for hardly any ness, including press access, print and Republican Conventions, and for just substantive environmental gain. There digital media planning, security proto- as many Democratic ones, not to men- is another huge problem too. These cols, and communications across hun- tion hundreds of congressional hear- regulations are, in my view, likely ille- dreds of thousands of media platforms. ings and press conferences. gal. Yesterday’s Supreme Court order For over 15 years, one man has been at Ed is a Baltimore native who came to is just the latest sign of that. If noth- the helm of this exceptionally fine the Senate Periodical Press Gallery ing else, it shows we were right to let team. His name is Ed Pesce. After shortly after graduating from Loyola. Governors know their options. We graduating from Loyola University in He diligently worked his way through thought Governors should know they 1990, Ed began working in the Senate the ranks, and after a decade spent could take a wait-and-see approach be- Periodical Press Gallery. During his 26 learning the tricks of the trade, he as- fore locking their States into some years of service, Ed has always acted sumed his current role back in 2000. massive regulatory scheme. We with warmth and professionalism. The job has brought Ed in contact with thought Governors should know the thousands of Senate staffers and con- As the news industry transitioned economic jeopardy they would place gressional reporters. It necessitated from sole dependence on print and tra- their States in by moving ahead with- many long hours and plenty of late ditional mediums to a thriving com- out a clearer understanding first of nights. It presented ample amounts of bination of print and digital media, Ed what might be legally required. We tense situations as well. ensured the Senate Periodical Press thought Governors should not feel Gallery was not left behind. He created But Ed never lost his good attitude or his boisterous laugh. Just ask his bullied by the heavy hand of this ad- the first Web site for the Senate Peri- staff. ‘‘Funloving,’’ ‘‘thoughtful,’’ ministration. That cautious approach odical Press Gallery way back in 1999 ‘‘tough, but fair’’—that is how people was the most responsible one, in my and developed a social media commu- who work closest with Ed describe him. view. Yesterday’s decision shows it was nications program since then. At 6 feet 2 inches, Ed Pesce is hard to a prudent one as well. We will see what Ed has been a trailblazer in the news miss, but I know he will be missed here the Supreme Court ultimately decides, industry and a principal leader here in in the Senate when he leaves. He took but we are going to keep fighting the Senate. He has served under 11 Ser- on a tough job with a great attitude. against these regressive regulations re- geants at Arms. During countless his- He gained a lot of fans. It is a legacy gardless. toric achievements here in the Senate, that anyone could be proud of. I think It is worth remembering how we got he has seen so much. When asked what I can speak for my colleagues when I here in the first place. President they will miss most, Ed’s coworkers re- say that we thank Ed for his many Obama tried to push a regressive, anti- call his infectious laughter and dedica- years of service. We send him our best, middle class energy tax through a tion to team building. and we look forward to seeing what he Democratic-controlled Congress, and Last year, Ed announced that he will be able to accomplish in the next his own party said no. That was in 2010 would retire after more than two dec- chapter of his life. when Democrats controlled the Senate. ades of service. I congratulate him for f They said no. He simply went around his many dedicated years of remark- Congress to impose a similarly regres- able service. I wish Ed and John, his NORTH KOREA SANCTIONS sive plan anyway. husband, all the best in the years to LEGISLATION Kentuckians in the eastern part of come. On behalf of my colleagues, our Mr. MCCONNELL. Mr. President, my State are experiencing a severe de- staff, and the entire congressional com- today the Senate has an opportunity to pression—a depression that policies

VerDate Sep 11 2014 01:25 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G10FE6.002 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE February 10, 2016 CONGRESSIONAL RECORD — SENATE S761 such as these are only making worse. I CONCLUSION OF MORNING Sec. 402. Termination of sanctions and other have repeatedly invited Gina McCarthy BUSINESS measures. and the President to my home State to Sec. 403. Authorization of appropriations. The PRESIDING OFFICER. Morning Sec. 404. Rulemaking. see the devastation firsthand. They business is closed. Sec. 405. Authority to consolidate reports. have yet to accept. But even if they Sec. 406. Effective date. f won’t come to us, we have brought the SEC. 2. FINDINGS; PURPOSES. concerns of Kentuckians directly to NORTH KOREA SANCTIONS (a) FINDINGS.—Congress finds the following: them. For example, we have brought ENFORCEMENT ACT OF 2016 (1) The Government of North Korea— constituents to administration hear- (A) has repeatedly violated its commitments to ings in Washington to try to make peo- The PRESIDING OFFICER. Under the complete, verifiable, and irreversible dis- ple here listen. the previous order, the Senate will pro- mantlement of its nuclear weapons programs; I put myself on the Appropriations ceed to the consideration of H.R. 757, and which the clerk will report. (B) has willfully violated multiple United Na- Subcommittee on the Interior so that I tions Security Council resolutions calling for could have a stronger influence in the The senior assistant legislative clerk read as follows: North Korea to cease development, testing, and oversight of the EPA budget. It has production of weapons of mass destruction. given me the opportunity to shed light A bill (H.R. 757) to improve the enforce- (2) Based on its past actions, including the on the struggles of my home State and ment of sanctions against the Government of transfer of sensitive nuclear and missile tech- North Korea, and for other purposes. question officials like Gina McCarthy. nology to state sponsors of terrorism, North It has given me the chance to push for There being no objection, the Senate Korea poses a grave risk for the proliferation of proceeded to consider the bill, which nuclear weapons and other weapons of mass de- policy riders in legislation that would struction. undermine or overturn these regula- had been reported from the Committee on Foreign Relations, with an amend- (3) The Government of North Korea has been tions in their entirety. I have repeat- implicated repeatedly in money laundering and edly done so and will continue to do so. ment to strike all after the enacting other illicit activities, including— I have also worked successfully with clause and insert in lieu thereof the (A) prohibited arms sales; Members of both parties to pass meas- following: (B) narcotics trafficking; ures through Congress that would also SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (C) the counterfeiting of United States cur- (a) SHORT TITLE.—This Act may be cited as rency; overturn these anti-middle class regu- (D) significant activities undermining cyberse- lations in their entirety. the ‘‘North Korea Sanctions and Policy En- hancement Act of 2016’’. curity; and President Obama pulled out all the (b) TABLE OF CONTENTS.—The table of con- (E) the counterfeiting of intellectual property stops to defeat previous attempts to tents for this Act is as follows: of United States persons. pass riders. He vetoed the bipartisan (4) North Korea has— Sec. 1. Short title; table of contents. (A) unilaterally withdrawn from the Agree- measures we passed through Congress. Sec. 2. Findings; purposes. But he cannot stop the Supreme Court ment Concerning a Military Armistice in Korea, Sec. 3. Definitions. signed at Panmunjom July 27, 1953 (commonly from making the right decision, as we TITLE I—INVESTIGATIONS, PROHIBITED referred to as the ‘‘Korean War Armistice Agree- hope it ultimately will. He also cannot CONDUCT, AND PENALTIES ment’’); and stop the American people from electing Sec. 101. Statement of policy. (B) committed provocations against South a successor who is ready to support the Sec. 102. Investigations. Korea— middle class. Sec. 103. Reporting requirements. (i) by sinking the warship Cheonan and kill- Here is the bottom line. I think we Sec. 104. Designation of persons. ing 46 of her crew on March 26, 2010; owe it to the people under attack to Sec. 105. Forfeiture of property. (ii) by shelling Yeonpyeong Island and killing 4 South Korean civilians on November 23, 2010; represent them and to stand up on TITLE II—SANCTIONS AGAINST NORTH KO- (iii) by its involvement in the ‘‘DarkSeoul’’ REAN PROLIFERATION, HUMAN RIGHTS their behalf. The Americans whom cyberattacks against the financial and commu- ABUSES, AND ILLICIT ACTIVITIES these regulations attack have com- nications interests of South Korea on March 20, mitted no crime. They have done noth- Sec. 201. Determinations with respect to North 2013; and ing wrong. They are human beings with Korea as a jurisdiction of primary (iv) by planting land mines near a guard post families. It is about time we had an ad- money laundering concern. in the South Korean portion of the demilitarized Sec. 202. Ensuring the consistent enforcement zone that maimed 2 South Korean soldiers on ministration that treated them that of United Nations Security Coun- way. Until then, we will keep fighting August 4, 2015. cil resolutions and financial re- (5) North Korea maintains a system of brutal and we will celebrate important strictions on North Korea. political prison camps that contain as many as progress along the way, just as we did Sec. 203. Proliferation prevention sanctions. 200,000 men, women, and children, who are— with yesterday’s Supreme Court ac- Sec. 204. Procurement sanctions. (A) kept in atrocious living conditions with tion. Sec. 205. Enhanced inspection authorities. insufficient food, clothing, and medical care; Sec. 206. Travel sanctions. f and Sec. 207. Travel recommendations for United (B) under constant fear of torture or arbitrary RESERVATION OF LEADER TIME States citizens to North Korea. execution. The PRESIDING OFFICER. Under Sec. 208. Exemptions, waivers, and removals of (6) North Korea has prioritized weapons pro- designation. the previous order, the leadership time grams and the procurement of luxury goods— Sec. 209. Report on and imposition of sanctions (A) in defiance of United Nations Security is reserved. to address persons responsible for Council Resolutions 1695 (2006), 1718 (2006), 1874 f knowingly engaging in significant (2009), 2087 (2013), and 2094 (2013); and activities undermining cybersecu- MORNING BUSINESS (B) in gross disregard of the needs of the peo- rity. ple of North Korea. The PRESIDING OFFICER. Under Sec. 210. Codification of sanctions with respect (7) Persons, including financial institutions, the previous order, the Senate will be to North Korean activities under- who engage in transactions with, or provide fi- in a period of morning business until mining cybersecurity. nancial services to, the Government of North 10:30 a.m., with Senators permitted to Sec. 211. Sense of Congress on trilateral co- Korea and its financial institutions without es- operation between the United speak therein for up to 10 minutes tablishing sufficient financial safeguards States, South Korea, and Japan. against North Korea’s use of such transactions each. TITLE III—PROMOTION OF HUMAN RIGHTS to promote proliferation, weapons trafficking, Mr. MCCONNELL. Mr. President, I human rights violations, illicit activity, and the suggest the absence of a quorum. Sec. 301. Information technology. Sec. 302. Strategy to promote North Korean purchase of luxury goods— The PRESIDING OFFICER. The (A) aid and abet North Korea’s misuse of the human rights. international financial system; and clerk will call the roll. Sec. 303. Report on North Korean prison camps. (B) violate the intent of the United Nations The senior assistant legislative clerk Sec. 304. Report on and imposition of sanctions Security Council resolutions referred to in para- proceeded to call the roll. with respect to serious human graph (6)(A). Mr. CORKER. Mr. President, I ask rights abuses or censorship in (8) The Government of North Korea has pro- North Korea. unanimous consent that the order for vided technical support and conducted destruc- the quorum call be rescinded. TITLE IV—GENERAL AUTHORITIES tive and coercive cyberattacks, including The PRESIDING OFFICER. Without Sec. 401. Suspension of sanctions and other against Sony Pictures Entertainment and other objection, it is so ordered. measures. United States persons.

VerDate Sep 11 2014 01:25 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4624 Sfmt 6333 E:\CR\FM\G10FE6.004 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S762 CONGRESSIONAL RECORD — SENATE February 10, 2016 (9) The conduct of the Government of North (iii) otherwise imposes sanctions with respect TITLE I—INVESTIGATIONS, PROHIBITED Korea poses an imminent threat to— to North Korea. CONDUCT, AND PENALTIES (A) the security of the United States and its (3) APPROPRIATE CONGRESSIONAL COMMIT- SEC. 101. STATEMENT OF POLICY. allies; TEES.—The term ‘‘appropriate congressional In order to achieve the peaceful disarmament (B) the global economy; committees’’ means— of North Korea, Congress finds that it is nec- (C) the safety of members of the United States (A) the Committee on Foreign Relations and essary— Armed Forces; the Committee on Banking, Housing, and Urban (1) to encourage all member states of the (D) the integrity of the global financial sys- Affairs of the Senate; and United Nations to fully and promptly implement tem; (B) the Committee on Foreign Affairs, the United Nations Security Council Resolution 2094 (E) the integrity of global nonproliferation Committee on Financial Services, and the Com- programs; and (2013); mittee on Ways and Means of the House of Rep- (2) to sanction the persons, including finan- (F) the people of North Korea. resentatives. (10) The Government of North Korea has cial institutions, that facilitate proliferation, il- (4) DESIGNATED PERSON.—The term ‘‘des- sponsored acts of international terrorism, in- licit activities, arms trafficking, cyberterrorism, ignated person’’ means a person designated cluding— imports of luxury goods, serious human rights under subsection (a) or (b) of section 104 for (A) attempts to assassinate defectors and abuses, cash smuggling, and censorship by the purposes of applying 1 or more of the sanctions human rights activists; and Government of North Korea; described in title I or II with respect to the per- (B) the shipment of weapons to terrorists and (3) to authorize the President to sanction person. state sponsors of terrorism. sons who fail to exercise due diligence to ensure OVERNMENT OF NORTH KOREA (b) PURPOSES.—The purposes of this Act are— (5) G .—The term that such financial institutions and member (1) to use nonmilitary means to address the ‘‘Government of North Korea’’ means the Gov- states do not facilitate proliferation, arms traf- crisis described in subsection (a); ernment of North Korea and its agencies, instru- ficking, kleptocracy, or imports of luxury goods (2) to provide diplomatic leverage to negotiate mentalities, and controlled entities. by the Government of North Korea; necessary changes in the conduct of the Govern- (6) HUMANITARIAN ASSISTANCE.—The term (4) to deny the Government of North Korea ment of North Korea; ‘‘humanitarian assistance’’ means assistance to access to the funds it uses to develop or obtain (3) to ease the suffering of the people of North meet humanitarian needs, including needs for nuclear weapons, ballistic missiles, cyberwarfare Korea; and food, medicine, medical supplies, clothing, and capabilities, and luxury goods instead of pro- (4) to reaffirm the purposes set forth in section shelter. viding for the needs of the people of North 4 of the North Korean Human Rights Act of 2004 (7) INTELLIGENCE COMMUNITY.—The term ‘‘in- Korea; and (22 U.S.C. 7802). telligence community’’ has the meaning given (5) to enforce sanctions in a manner that does SEC. 3. DEFINITIONS. such term in section 3(4) of the National Secu- not significantly hinder or delay the efforts of In this Act: rity Act of 1947 (50 U.S.C. 3003(4)). legitimate United States or foreign humani- (1) APPLICABLE EXECUTIVE ORDER.—The term (8) LUXURY GOODS.—The term ‘‘luxury tarian organizations from providing assistance ‘‘applicable Executive order’’ means— goods’’— to meet the needs of civilians facing humani- (A) Executive Order 13382 (50 U.S.C. 1701 note; (A) has the meaning given such term in sec- tarian crisis, including access to food, health relating to blocking property of weapons of mass tion 746.4(b)(1) of title 15, Code of Federal Regu- care, shelter, and clean drinking water, to pre- destruction proliferators and their supporters), lations; and vent or alleviate human suffering. Executive Order 13466 (50 U.S.C. 1701 note; re- (B) includes the items listed in Supplement SEC. 102. INVESTIGATIONS. lating to continuing certain restrictions with re- No. 1 to part 746 of such title, and any similar (a) INITIATION.—The President shall initiate spect to North Korea and North Korean nation- items. an investigation into the possible designation of als), Executive Order 13551 (50 U.S.C. 1701 note; (9) MONETARY INSTRUMENTS.—The term ‘‘mon- a person under section 104(a) upon receipt by relating to blocking property of certain persons etary instruments’’ has the meaning given such the President of credible information indicating with respect to North Korea), Executive Order term in section 5312(a) of title 31, United States that such person has engaged in conduct de- 13570 (50 U.S.C. 1701 note; relating to prohib- Code. scribed in section 104(a). iting certain transactions with respect to North (10) NORTH KOREA.—The term ‘‘North Korea’’ (b) PERSONNEL.—The President may direct the Korea), Executive Order 13619 (50 U.S.C. 1701 means the Democratic People’s Republic of Secretary of State, the Secretary of the Treas- note; relating to blocking property of persons Korea. ury, and the heads of other Federal departments threatening the peace, security, or stability of (11) NORTH KOREAN FINANCIAL INSTITUTION.— and agencies as may be necessary to assign suf- Burma), Executive Order 13687 (50 U.S.C. 1701 The term ‘‘North Korean financial institution’’ ficient experienced and qualified investigators, note; relating to imposing additional sanctions means any financial institution that— attorneys, and technical personnel— with respect to North Korea), or Executive (A) is organized under the laws of North (1) to investigate the conduct described in sub- Order 13694 (50 U.S.C. 1701 note; relating to Korea or any jurisdiction within North Korea sections (a) and (b) of section 104; and blocking the property of certain persons engag- (including a foreign branch of such an institu- (2) to coordinate and ensure the effective ening in significant malicious cyber-enabled action); forcement of this Act. tivities), to the extent that such Executive (B) is located in North Korea, except for a fi- SEC. 103. REPORTING REQUIREMENTS. order— nancial institution that is excluded by the Presi- (a) PRESIDENTIAL BRIEFINGS TO CONGRESS.— (i) authorizes the imposition of sanctions on dent in accordance with section 208(c); Not later than 180 days after the date of the en- persons for conduct with respect to North (C) is owned or controlled by the Government actment of this Act, and periodically thereafter, Korea; of North Korea, regardless of location; or the President shall provide a briefing to the ap- (ii) prohibits transactions or activities involv- (D) is owned or controlled by a financial insti- propriate congressional committees on efforts to ing the Government of North Korea; or tution described in subparagraph (A), (B), or implement this Act. (iii) otherwise imposes sanctions with respect (C), regardless of location. (b) REPORT FROM SECRETARY OF STATE.—Not to North Korea; and (12) SIGNIFICANT ACTIVITIES UNDERMINING CY- later than 180 days after the date of the enact- (B) any Executive order adopted on or after BERSECURITY.—The term ‘‘significant activities ment of this Act, the Secretary of State shall the date of the enactment of this Act, to the ex- undermining cybersecurity’’ includes— conduct, coordinate, and submit to Congress a tent that such Executive order— (A) significant efforts to— (i) authorizes the imposition of sanctions on comprehensive report on United States policy to- (i) deny access to or degrade, disrupt, or de- persons for conduct with respect to North wards North Korea that— stroy an information and communications tech- Korea; (1) is based on a full and complete interagency nology system or network; or (ii) prohibits transactions or activities involv- review of current policies and possible altering the Government of North Korea; or (ii) exfiltrate information from such a system natives, including with respect to North Korea’s (iii) otherwise imposes sanctions with respect or network without authorization; weapons of mass destruction and missile pro- to North Korea. (B) significant destructive malware attacks; grams, human rights atrocities, and significant (2) APPLICABLE UNITED NATIONS SECURITY (C) significant denial of service activities; and activities undermining cybersecurity; and COUNCIL RESOLUTION.—The term ‘‘applicable (D) such other significant activities described (2) includes recommendations for such legisla- United Nations Security Council resolution’’ in regulations promulgated to implement section tive or administrative action as the Secretary means— 104. considers appropriate based on the results of the (A) United Nations Security Council Resolu- (13) SOUTH KOREA.—The term ‘‘South Korea’’ review. tion 1695 (2006), 1718 (2006), 1874 (2009), 2087 means the Republic of Korea. SEC. 104. DESIGNATION OF PERSONS. (2013), or 2094 (2013); and (14) UNITED STATES PERSON.—The term (a) MANDATORY DESIGNATIONS.—Except as (B) any United Nations Security Council reso- ‘‘United States person’’ means— provided in section 208, the President shall des- lution adopted on or after the date of the enact- (A) a United States citizen or an alien law- ignate under this subsection any person that the ment of this Act that— fully admitted for permanent residence to the President determines— (i) authorizes the imposition of sanctions on United States; or (1) knowingly, directly or indirectly, imports, persons for conduct with respect to North (B) an entity organized under the laws of the exports, or reexports to, into, or from North Korea; United States or of any jurisdiction within the Korea any goods, services, or technology con- (ii) prohibits transactions or activities involv- United States, including a foreign branch of trolled for export by the United States because ing the Government of North Korea; or such an entity. of the use of such goods, services, or technology

VerDate Sep 11 2014 01:25 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4624 Sfmt 6333 E:\CR\FM\A10FE6.001 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE February 10, 2016 CONGRESSIONAL RECORD — SENATE S763 for weapons of mass destruction or delivery sys- (B) apply any applicable special measures de- TITLE II—SANCTIONS AGAINST NORTH tems for such weapons and materially contrib- scribed in section 5318A of title 31, United States KOREAN PROLIFERATION, HUMAN utes to the use, development, production, posses- Code; RIGHTS ABUSES, AND ILLICIT ACTIVI- sion, or acquisition by any person of a nuclear, (C) prohibit any transactions in foreign ex- TIES radiological, chemical, or biological weapon or change— SEC. 201. DETERMINATIONS WITH RESPECT TO any device or system designed in whole or in (i) that are subject to the jurisdiction of the NORTH KOREA AS A JURISDICTION part to deliver such a weapon; United States; and OF PRIMARY MONEY LAUNDERING (2) knowingly, directly or indirectly, provides CONCERN. training, advice, or other services or assistance, (ii) in which such person has any interest; (a) FINDINGS.—Congress makes the following or engages in significant financial transactions, and findings: relating to the manufacture, maintenance, or (D) prohibit any transfers of credit or pay- (1) The Under Secretary of the Treasury for use of any such weapon, device, or system to be ments between financial institutions or by, Terrorism and Financial Intelligence, who is re- imported, exported, or reexported to, into, or through, or to any financial institution, to the sponsible for safeguarding the financial system from North Korea; extent that such transfers or payments— against illicit use, money laundering, terrorist (3) knowingly, directly or indirectly, imports, (i) are subject to the jurisdiction of the United financing, and the proliferation of weapons of exports, or reexports luxury goods to or into States; and mass destruction, and has repeatedly expressed North Korea; (ii) involve any interest of such person. concern about North Korea’s misuse of the (4) knowingly engages in, is responsible for, or international financial system— (c) ASSET BLOCKING.—The President shall ex- facilitates censorship by the Government of (A) in 2006— ercise all of the powers granted to the President North Korea; (i) stated, ‘‘Given [North Korea’s] counter- (5) knowingly engages in, is responsible for, or under the International Emergency Economic feiting of U.S. currency, narcotics trafficking facilitates serious human rights abuses by the Powers Act (50 U.S.C. 1701 et seq.) to the extent and use of accounts world-wide to conduct pro- Government of North Korea; necessary to block and prohibit all transactions liferation-related transactions, the line between (6) knowingly, directly or indirectly, engages in property and interests in property of a des- illicit and licit North Korean money is nearly in- in money laundering, the counterfeiting of ignated person, the Government of North Korea, visible.’’; and goods or currency, bulk cash smuggling, or nar- or the Workers’ Party of Korea, if such property (ii) urged financial institutions worldwide to cotics trafficking that supports the Government and interests in property are in the United ‘‘think carefully about the risks of doing any of North Korea or any senior official or person States, come within the United States, or are or North Korea-related business’’; acting for or on behalf of that Government; come within the possession or control of a (B) in 2011, stated that North Korea— (7) knowingly engages in significant activities United States person. (i) ‘‘remains intent on engaging in prolifera- undermining cybersecurity through the use of (d) APPLICATION TO SUBSIDIARIES AND tion, selling arms as well as bringing in mate- computer networks or systems against foreign AGENTS.—The designation of a person under rial’’; and persons, governments, or other entities on behalf subsection (a) or (b) and the blocking of prop- (ii) was ‘‘aggressively pursuing the effort to of the Government of North Korea; erty and interests in property under subsection establish front companies.’’; and (8) knowingly, directly or indirectly, sells, (c) shall apply with respect to a person who is (C) in 2013, stated— supplies, or transfers to or from the Government determined to be owned or controlled by, or to (i) in reference to North Korea’s distribution of North Korea or any person acting for or on have acted or purported to have acted for or on of high-quality counterfeit United States cur- behalf of that Government, a significant amount behalf of, directly or indirectly, any person rency, that ‘‘North Korea is continuing to try to of precious metal, graphite, raw or semi-finished whose property and interests in property are pass a supernote into the international finan- metals or aluminum, steel, coal, or software, for blocked pursuant to this section. cial system’’; and (ii) the Department of the Treasury would use by or in industrial processes directly related (e) TRANSACTION LICENSING.—The President to weapons of mass destruction and delivery shall deny or revoke any license for any trans- soon introduce new currency with improved se- systems for such weapons, other proliferation action that the President determines to lack suf- curity features to protect against counterfeiting activities, the Korean Workers’ Party, armed ficient financial controls to ensure that such by the Government of North Korea. (2) The Financial Action Task Force, an forces, internal security, or intelligence activi- transaction will not facilitate any activity de- intergovernmental body whose purpose is to de- ties, or the operation and maintenance of polit- scribed in subsection (a) or (b). ical prison camps or forced labor camps, includ- velop and promote national and international (f) PENALTIES.—The penalties provided for in policies to combat money laundering and tering outside of North Korea; subsections (b) and (c) of section 206 of the (9) knowingly, directly or indirectly, imports, rorist financing, has repeatedly— International Emergency Economic Powers Act exports, or reexports to, into, or from North (A) expressed concern at deficiencies in North (50 U.S.C. 1705) shall apply to any person who Korea any arms or related materiel; or Korea’s regimes to combat money laundering (10) knowingly attempts to engage in any of violates, attempts to violate, conspires to violate, and terrorist financing; the conduct described in paragraphs (1) through or causes a violation of any prohibition of this (B) urged North Korea to adopt a plan of ac- (9). section, or an order or regulation prescribed tion to address significant deficiencies in those (b) ADDITIONAL DISCRETIONARY DESIGNA- under this section, to the same extent that such regimes and the serious threat those deficiencies TIONS.— penalties apply to a person that commits an un- pose to the integrity of the international finan- (1) PROHIBITED CONDUCT DESCRIBED.—Except lawful act described in section 206(a) of such cial system; as provided in section 208, the President may Act (50 U.S.C. 1705(a)). (C) urged all jurisdictions to apply counter- designate under this subsection any person that SEC. 105. FORFEITURE OF PROPERTY. measures to protect the international financial system from ongoing and substantial money the President determines— (a) AMENDMENT TO PROPERTY SUBJECT TO (A) knowingly engages in, contributes to, as- laundering and terrorist financing risks ema- FORFEITURE.—Section 981(a)(1) of title 18, nating from North Korea; sists, sponsors, or provides financial, material or United States Code, is amended by adding at the (D) urged all jurisdictions to advise their fi- technological support for, or goods and services end the following: in support of, any person designated pursuant nancial institutions to give special attention to to an applicable United Nations Security Coun- ‘‘(I) Any property, real or personal, that is in- business relationships and transactions with cil resolution; volved in a violation or attempted violation, or North Korea, including North Korean compa- (B) knowingly contributed to— which constitutes or is derived from proceeds nies and financial institutions; and (i) the bribery of an official of the Government traceable to a prohibition imposed pursuant to (E) called on all jurisdictions— of North Korea or any person acting for on be- section 104(a) of the North Korea Sanctions and (i) to protect against correspondent relation- half of that official; Policy Enhancement Act of 2016.’’. ships being used to bypass or evade counter- (ii) the misappropriation, theft, or embezzle- (b) AMENDMENT TO DEFINITION OF CIVIL FOR- measures and risk mitigation practices; and ment of public funds by, or for the benefit of, an FEITURE STATUTE.—Section 983(i)(2)(D) of title (ii) to take into account money laundering official of the Government of North Korea or 18, United States Code, is amended to read as and terrorist financing risks when considering any person acting for or on behalf of that offi- follows: requests by North Korean financial institutions cial; or ‘‘(D) the Trading with the Enemy Act (50 to open branches and subsidiaries in their re- (iii) the use of any proceeds of any activity U.S.C. 4301 et seq.), the International Emer- spective jurisdictions. described in clause (i) or (ii); or gency Economic Powers Act (50 U.S.C. 1701 et (3) On March 7, 2013, the United Nations Se- (C) knowingly and materially assisted, spon- seq.), or the North Korea Sanctions Enforcement curity Council unanimously adopted Resolution sored, or provided significant financial, mate- Act of 2016; or’’. 2094, which— rial, or technological support for, or goods or (A) welcomed the Financial Action Task (c) AMENDMENT TO DEFINITION OF SPECIFIED services to or in support of, the activities de- Force’s— UNLAWFUL ACTIVITY.—Section 1956(c)(7)(D) of scribed in subparagraph (A) or (B). (i) recommendation on financial sanctions re- title 18, United States Code, is amended— (2) EFFECT OF DESIGNATION.—With respect to lated to proliferation; and any person designated under this subsection, (1) by striking ‘‘or section 92 of’’ and inserting (ii) guidance on the implementation of such the President may— ‘‘section 92 of’’; and sanctions; (A) apply the sanctions described in section (2) by adding at the end the following: ‘‘, or (B) decided that United Nations member states 204, 205(c), or 206 to the person to the same ex- section 104(a) of the North Korea Sanctions En- should apply enhanced monitoring and other tent and in the same manner as if the person forcement Act of 2016 (relating to prohibited ac- legal measures to prevent the provision of finan- were designated under subsection (a); tivities with respect to North Korea);’’. cial services or the transfer of property that

VerDate Sep 11 2014 01:25 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 4624 Sfmt 6333 E:\CR\FM\A10FE6.001 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S764 CONGRESSIONAL RECORD — SENATE February 10, 2016 could contribute to activities prohibited by ap- prevented from being made available to, persons plicable United Nations Security Council resolu- plicable United Nations Security Council resolu- designated for the blocking of property by the tions; tions; and Security Council under applicable United Na- (2) the cessation of any financial services to (C) called upon United Nations member states tions Security Council resolutions. persons, including financial institutions, that to prohibit North Korean financial institutions (2) As of May 2015, 158 of the 193 member present unacceptable risks of facilitating money from establishing or maintaining correspondent states of the United Nations had not submitted laundering and illicit activity by the Govern- relationships with financial institutions in their reports on measures taken to implement North ment of North Korea; respective jurisdictions to prevent the provision Korea-specific United Nations Security Council (3) the blocking by all member states, in ac- of financial services if such member states have resolutions 1718, 1874, and 2094. cordance with the legal process of the state in information that provides reasonable grounds to (3) A recent report by the Government Ac- which the property is held, of any property re- believe that such activities could contribute to— countability Office (GAO–15–485)— quired to be blocked under applicable United (i) activities prohibited by an applicable (A) finds that officials of the United States Nations Security Council resolutions; United Nations Security Council resolution; or and representatives of the United Nations Panel (4) the blocking of any property derived from (ii) the evasion of such prohibitions. of Experts established pursuant to United Na- illicit activity, or from the misappropriation, (b) SENSE OF CONGRESS REGARDING THE DES- tions Security Council Resolution 1874 (2009), theft, or embezzlement of public funds by, or for IGNATION OF NORTH KOREA AS A JURISDICTION which monitors and facilitates implementation the benefit of, officials of the Government of OF PRIMARY MONEY LAUNDERING CONCERN.— of United Nations sanctions on North Korea, North Korea; (5) the blocking of any property involved in Congress— ‘‘agree that the lack of detailed reports from all significant activities undermining cybersecurity (1) acknowledges the efforts of the United Na- member states is an impediment to the UN’s ef- by the Government of North Korea, directly or tions Security Council to impose limitations on, fective implementation of its sanctions’’; and indirectly, against United States persons, or the and to require the enhanced monitoring of, (B) notes that ‘‘many member states lack the theft of intellectual property by the Government transactions involving North Korean financial technical capacity to enforce sanctions and pre- of North Korea, directly or indirectly from institutions that could contribute to sanctioned pare reports’’ on the implementation of United United States persons; and activities; Nations sanctions on North Korea. (6) the blocking of any property of persons di- (2) urges the President, in the strongest (4) All member states share a common interest rectly or indirectly involved in censorship or terms— in protecting the international financial system human rights abuses by the Government of (A) to immediately designate North Korea as a from the risks of money laundering and illicit North Korea. jurisdiction of primary money laundering con- transactions emanating from North Korea. (5) The United States dollar and the euro are (c) STRATEGY TO IMPROVE INTERNATIONAL IM- cern; and the world’s principal reserve currencies, and the PLEMENTATION AND ENFORCEMENT OF UNITED (B) to adopt stringent special measures to United States and the European Union are pri- NATIONS NORTH KOREA-SPECIFIC SANCTIONS.— safeguard the financial system against the risks marily responsible for the protection of the The President shall direct the Secretary of posed by North Korea’s willful evasion of sanc- international financial system from the risks de- State, in coordination with other Federal de- tions and its illicit activities; and partments and agencies, as appropriate, to de- (3) urges the President to seek the prompt im- scribed in paragraph (4). (6) The cooperation of the People’s Republic velop a strategy to improve international imple- plementation by other countries of enhanced of China, as North Korea’s principal trading mentation and enforcement of United Nations monitoring and due diligence to prevent North partner, is essential to— North Korea-specific sanctions. The strategy Korea’s misuse of the international financial (A) the enforcement of applicable United Na- should include elements— system, including by sharing information about tions Security Council resolutions; and (1) to increase the number of countries submit- activities, transactions, and property that could (B) the protection of the international finan- ting reports to the United Nations Panel of Ex- contribute to— cial system. perts established pursuant to United Nations Se- (A) activities sanctioned by applicable United (7) The report of the Panel of Experts ex- curity Council Resolution 1874 (2009), including Nations Security Council resolutions; or pressed concern about the ability of banks to de- developing a list of targeted countries where ef- (B) the evasion of such sanctions. tect and prevent illicit transfers involving North fective implementation and enforcement of (c) DETERMINATIONS REGARDING NORTH Korea if such banks are located in member United Nations sanctions would reduce the KOREA.— states with less effective regulators or member threat from North Korea; (1) IN GENERAL.—Not later than 180 days after states that are unable to afford effective compli- (2) to encourage member states of the United the date of the enactment of this Act, the Sec- ance. Nations to cooperate and share information retary of the Treasury, in consultation with the (8) North Korea has historically exploited in- with the panel in order to help facilitate inves- Secretary of State and the Attorney General, consistencies between jurisdictions in the inter- tigations; and in accordance with section 5318A of title 31, pretation and enforcement of financial regula- (3) to expand cooperation with the Panel of United States Code, shall determine whether tions and applicable United Nations Security Experts; reasonable grounds exist for concluding that Council resolutions to circumvent sanctions and (4) to provide technical assistance to member North Korea is a jurisdiction of primary money launder the proceeds of illicit activities. states to implement United Nations sanctions, laundering concern. (9) Amroggang Development Bank, Bank of including developing the capacity to enforce (2) ENHANCED DUE DILIGENCE AND REPORTING East Land, and Tanchon Commercial Bank sanctions through improved export control regu- REQUIREMENTS.—If the Secretary of the Treas- have been designated by the Secretary of the lations, border security, and customs systems; ury determines under paragraph (1) that rea- Treasury, the United Nations Security Council, (5) to harness existing United States Govern- sonable grounds exist for concluding that North and the European Union as having materially ment initiatives and assistance programs, as ap- Korea is a jurisdiction of primary money laun- contributed to the proliferation of weapons of propriate, to improve sanctions implementation dering concern, the Secretary, in consultation mass destruction. and enforcement; and with the Federal functional regulators (as de- (10) Korea Daesong Bank and Korea (6) to increase outreach to the people of North fined in section 509 of the Gramm-Leach-Bliley Kwangson Banking Corporation have been des- Korea, and to support the engagement of inde- Act (15 U.S.C. 6809)), shall impose 1 or more of ignated by the Secretary of the Treasury and pendent, non-governmental journalistic, hu- the special measures described in section the European Union as having materially con- manitarian, and other institutions in North 5318A(b) of title 31, United States Code, with re- tributed to the proliferation of weapons of mass Korea. spect to the jurisdiction of North Korea. destruction. (d) REPORT REQUIRED.—Not later than 90 (3) REPORT REQUIRED.— (11) The Foreign Trade Bank of North Korea days after the date of the enactment of this Act, (A) IN GENERAL.—Not later than 90 days after has been designated by the Secretary of the and annually thereafter, the Secretary of State the date on which the Secretary of the Treasury Treasury for facilitating transactions on behalf shall submit to the appropriate congressional makes a determination under paragraph (1), the of persons linked to its proliferation network committees a report that describes the actions Secretary shall submit to the appropriate con- and for serving as ‘‘a key financial node’’. undertaken to implement the strategy required gressional committees a report that contains the (12) Daedong Credit Bank has been des- by subsection (c). reasons for such determination. ignated by the Secretary of the Treasury for ac- SEC. 203. PROLIFERATION PREVENTION SANC- (B) FORM.—The report submitted under sub- tivities prohibited by applicable United Nations TIONS. paragraph (A) shall be submitted in unclassified Security Council resolutions, including the use (a) EXPORT OF CERTAIN GOODS OR TECH- form, but may include a classified annex. of deceptive financial practices to facilitate NOLOGY.—A validated license shall be required SEC. 202. ENSURING THE CONSISTENT ENFORCE- transactions on behalf of persons linked to for the export to North Korea of any goods or MENT OF UNITED NATIONS SECU- North Korea’s proliferation network. technology otherwise covered under section 6(j) RITY COUNCIL RESOLUTIONS AND (b) SENSE OF CONGRESS.—It is the sense of of the Export Administration Act of 1979 (50 FINANCIAL RESTRICTIONS ON Congress that the President should intensify U.S.C. 4605(j)). No defense exports may be ap- NORTH KOREA. diplomatic efforts in appropriate international proved for the Government of North Korea. (a) FINDINGS.—Congress makes the following fora, such as the United Nations, and bilat- (b) TRANSACTIONS IN LETHAL MILITARY EQUIP- findings: erally, to develop and implement a coordinated, MENT.— (1) All member states of the United Nations consistent, multilateral strategy for protecting (1) IN GENERAL.—The President shall withhold are obligated to implement and enforce applica- the global financial system against risks ema- assistance under the Foreign Assistance Act of ble United Nations Security Council resolutions nating from North Korea, including— 1961 (22 U.S.C. 2151 et seq.) to the government of fully and promptly, including by blocking the (1) the cessation of any financial services the any country that provides lethal military equip- property of, and ensuring that any property is continuation of which is inconsistent with ap- ment to the Government of North Korea.

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(2) APPLICABILITY.—The prohibition under SEC. 205. ENHANCED INSPECTION AUTHORITIES. the United Nations, signed at Lake Success June paragraph (1) with respect to a government (a) REPORT REQUIRED.—Not later than 180 26, 1947, and entered into force November 21, shall terminate on the date that is 1 year after days after the date of the enactment of this Act, 1947, or under the Convention on Consular Re- the date on which the prohibition under para- and annually thereafter, the President shall lations, done at Vienna April 24, 1963, and en- graph (1) is applied to that government. submit to the appropriate congressional commit- tered into force March 19, 1967, or under other (c) WAIVER.—Notwithstanding any other pro- tees a report that identifies foreign ports and international agreements. vision of law, the Secretary of State may waive airports at which inspections of ships, aircraft, (3) Any activities incidental to the POW/MIA the prohibitions under this section with respect and conveyances originating in North Korea, accounting mission in North Korea, including to a country if the Secretary— carrying North Korean property, or operated by activities by the Defense POW/MIA Accounting (1) determines that such waiver is in the na- the Government of North Korea are not suffi- Agency and other governmental or nongovern- tional interest of the United States; and cient to effectively prevent the facilitation of mental organizations tasked with identifying or (2) submits a written report to the appropriate any of the activities described in section 104(a). recovering the remains of members of the United congressional committees that describes— (b) ENHANCED CUSTOMS INSPECTION REQUIRE- States Armed Forces in North Korea. (A) the steps that the relevant agencies are MENTS.—The Secretary of Homeland Security (b) HUMANITARIAN WAIVER.— taking to curtail the trade described in sub- may require enhanced inspections of any goods (1) IN GENERAL.—The President may waive, section (b)(1); and entering the United States that have been trans- for renewable periods of between 30 days and 1 (B) why such waiver is in the national inter- ported through a port or airport identified by year, the application of the sanctions author- est of the United States. the President under subsection (a). ized under section 104, 204, 205, 206, 209(b), or (d) EXCEPTION.—The prohibitions under this (c) SEIZURE AND FORFEITURE.—A vessel, air- 304(b) if the President submits to the appro- section shall not apply to the provision of assist- craft, or conveyance used to facilitate any of priate congressional committees a written deter- ance for human rights, democracy, rule of law, the activities described in section 104(a) under mination that the waiver is necessary for hu- or emergency humanitarian purposes. the jurisdiction of the United States may be manitarian assistance or to carry out the hu- SEC. 204. PROCUREMENT SANCTIONS. seized and forfeited under— manitarian purposes set forth section 4 of the (a) IN GENERAL.—Except as provided in this (1) chapter 46 of title 18, United States Code; North Korean Human Rights Act of 2004 (22 section, the head of an executive agency may or U.S.C. 7802). not procure, or enter into any contract for the (2) title V of the Tariff Act of 1930 (19 U.S.C. (2) CONTENT OF WRITTEN DETERMINATION.—A procurement of, any goods or services from any 1501 et seq.). written determination submitted under para- person designated under section 104(a). SEC. 206. TRAVEL SANCTIONS. graph (1) with respect to a waiver shall include a description of all notification and account- (b) FEDERAL ACQUISITION REGULATION.— The Secretary of State may deny a visa to, ability controls that have been employed in (1) IN GENERAL.—The Federal Acquisition and the Secretary of Homeland Security may Regulation issued pursuant to section 1303(a)(1) deny entry into the United States of, any alien order to ensure that the activities covered by the of title 41, United States Code, shall be revised who is— waiver are humanitarian assistance or are car- to require that each person that is a prospective (1) a designated person; ried out for the purposes set forth in section 4 of contractor submit a certification that such per- (2) a corporate officer of a designated person; the North Korean Human Rights Act of 2004 (22 son does not engage in any activity described in or U.S.C. 7802) and do not entail any activities in section 104(a). (3) a principal shareholder with a controlling North Korea or dealings with the Government of North Korea not reasonably related to humani- (2) APPLICABILITY.—The revision required interest in a designated person. tarian assistance or such purposes. under paragraph (1) shall apply with respect to SEC. 207. TRAVEL RECOMMENDATIONS FOR (3) CLARIFICATION OF PERMITTED ACTIVITIES contracts for which solicitations are issued on or UNITED STATES CITIZENS TO UNDER WAIVER.—An internationally recognized after the date that is 90 days after the date of NORTH KOREA. humanitarian organization shall not be subject the enactment of this Act. The Secretary of State shall expand the scope to sanctions under section 104, 204, 205, 206, (c) REMEDIES.— and frequency of issuance of travel warnings for 209(b), or 304(b) for— (1) INCLUSION ON LIST.—The Administrator of all United States citizens to North Korea. The (A) engaging in a financial transaction relat- General Services shall include, on the List of expanded travel warnings, which should be ing to humanitarian assistance or for humani- Parties Excluded from Federal Procurement and issued or updated not less frequently than every tarian purposes pursuant to a waiver issued Nonprocurement Programs maintained by the 90 days, should include— under paragraph (1); Administrator under part 9 of the Federal Ac- (1) publicly released or credible open source (B) transporting goods or services that are quisition Regulation, each person that is information regarding the detention of United necessary to carry out operations relating to hu- debarred, suspended, or proposed for debarment States citizens by North Korean authorities, in- manitarian assistance or humanitarian purposes or suspension by the head of an executive agen- cluding available information on circumstances pursuant to such a waiver; or cy on the basis of a determination of a false cer- of arrest and detention, duration, legal pro- (C) having merely incidental contact, in the tification under subsection (b). ceedings, and conditions under which a United course of providing humanitarian assistance or (2) CONTRACT TERMINATION; SUSPENSION.—If States citizen has been, or continues to be, de- aid for humanitarian purposes pursuant to such the head of an executive agency determines that tained by North Korean authorities, including a waiver, with individuals who are under the a person has submitted a false certification present-day cases and cases occurring during control of a foreign person subject to sanctions under subsection (b) after the date on which the the 10-year period ending on the date of the en- under this Act. Federal Acquisition Regulation is revised to im- actment of this Act; (c) WAIVER.—The President may waive, on a (2) publicly released or credible open source plement the requirements of this section, the case-by-case basis, for renewable periods of be- information on the past and present detention head of such executive agency shall— tween 30 days and 1 year, the application of the and abduction or alleged abduction of citizens (A) terminate any contract with such person; sanctions authorized under section 104, of the United States, South Korea, or Japan by and 201(c)(2), 204, 205, 206, 209(b), or 304(b) if the North Korean authorities; (B) debar or suspend such person from eligi- President submits to the appropriate congres- (3) unclassified information about the nature bility for Federal contracts for a period of not sional committees a written determination that of the North Korean regime, as described in con- longer than 2 years. the waiver— gressionally mandated reports and annual re- (3) APPLICABLE PROCEDURES.—Any debarment (1) is important to the national security inter- ports issued by the Department of State and the or suspension under paragraph (2)(B) shall be ests of the United States; or United Nations, including information about subject to the procedures that apply to debar- (2) will further the enforcement of this Act or North Korea’s weapons of mass destruction pro- ment and suspension under subpart 9.4 of the is for an important law enforcement purpose. grams, illicit activities, international sanctions Federal Acquisition Regulation. (d) FINANCIAL SERVICES FOR HUMANITARIAN violations, and human rights situation; and (d) CLARIFICATION REGARDING CERTAIN PROD- AND CONSULAR ACTIVITIES.—The President may (4) any other information that the Secretary UCTS.—The remedies specified in subsection (c) promulgate such regulations, rules, and policies deems useful to provide United States citizens shall not apply with respect to the procurement as may be necessary to facilitate the provision of with a comprehensive picture of the nature of of any eligible product (as defined in section financial services by a foreign financial institu- the North Korean regime. 308(4) of the Trade Agreements Act of 1979 (19 tion that is not a North Korean financial insti- U.S.C. 2518(4)) of any foreign country or instru- SEC. 208. EXEMPTIONS, WAIVERS, AND REMOVALS tution in support of activities conducted pursu- mentality designated under section 301(b) of OF DESIGNATION. ant to an exemption or waiver under this sec- such Act (19 U.S.C. 2511(b)). (a) EXEMPTIONS.—The following activities tion. (e) RULE OF CONSTRUCTION.—Nothing in this shall be exempt from sanctions under sections SEC. 209. REPORT ON AND IMPOSITION OF SANC- subsection may be construed to limit the use of 104, 206, 209, and 304: TIONS TO ADDRESS PERSONS RE- other remedies available to the head of an exec- (1) Activities subject to the reporting require- SPONSIBLE FOR KNOWINGLY ENGAG- utive agency or any other official of the Federal ments under title V of the National Security Act ING IN SIGNIFICANT ACTIVITIES UN- Government on the basis of a determination of a of 1947 (50 U.S.C. 3091 et seq.), or to any author- DERMINING CYBERSECURITY. false certification under subsection (b). ized intelligence activities of the United States. (a) REPORT REQUIRED.— (f) EXECUTIVE AGENCY DEFINED.—In this sec- (2) Any transaction necessary to comply with (1) IN GENERAL.—The President shall submit tion, the term ‘‘executive agency’’ has the mean- United States obligations under the Agreement to the appropriate congressional committees a ing given such term in section 133 of title 41, between the United Nations and the United report that describes significant activities under- United States Code. States of America regarding the Headquarters of mining cybersecurity aimed against the United

VerDate Sep 11 2014 01:25 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 4624 Sfmt 6333 E:\CR\FM\A10FE6.001 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S766 CONGRESSIONAL RECORD — SENATE February 10, 2016 States Government or any United States person tion of policy toward North Korea between the tions and private sector entities to raise aware- and conducted by the Government of North Government of the United States, the Govern- ness and provide assistance to North Korean de- Korea, or a person owned or controlled, directly ment of South Korea, and the Government of fectors throughout the world. or indirectly, by the Government of North Korea Japan; SEC. 303. REPORT ON NORTH KOREAN PRISON or any person acting for or on behalf of that (2) should ensure that the mechanisms specifi- CAMPS. Government. cally address North Korea’s nuclear, ballistic, (a) IN GENERAL.—The Secretary of State shall (2) INFORMATION.—The report required under and conventional weapons programs, its human submit to the appropriate congressional commit- paragraph (1) shall include— rights record, and cybersecurity threats posed tees a report that describes, with respect to each (A) the identity and nationality of persons by North Korea; political prison camp in North Korea, to the ex- that have knowingly engaged in, directed, or (3) should ensure that representatives of the tent information is available— provided material support to conduct significant United States, South Korea, and Japan meet on (1) the camp’s estimated prisoner population; activities undermining cybersecurity described a regular basis and include representatives of (2) the camp’s geographical coordinates; in paragraph (1); the United States Department of State, the (3) the reasons for the confinement of the pris- (B) a description of the conduct engaged in by United States Department of Defense, the oners; each person identified; United States intelligence community, and rep- (4) the camp’s primary industries and prod- (C) an assessment of the extent to which a for- resentatives of counterpart agencies in South ucts, and the end users of any goods produced eign government has provided material support Korea and Japan; and in the camp; to the Government of North Korea or any person (4) should continue to brief the relevant con- (5) the individuals and agencies responsible acting for or on behalf of that Government to gressional committees regularly on the status of for conditions in the camp; conduct significant activities undermining cy- such discussions. (6) the conditions under which prisoners are bersecurity; and (b) RELEVANT COMMITTEES.—The relevant confined, with respect to the adequacy of food, (D) a United States strategy to counter North committees referred to in subsection (a)(4) shall shelter, medical care, working conditions, and Korea’s efforts to conduct significant activities include— reports of ill-treatment of prisoners; and undermining cybersecurity against the United (1) the Committee on Foreign Relations, the (7) imagery, to include satellite imagery of the States, that includes efforts to engage foreign Committee on Armed Services, and the Select camp, in a format that, if published, would not governments to halt the capability of the Gov- Committee on Intelligence of the Senate; and compromise the sources and methods used by the ernment of North Korea and persons acting for (2) the Committee on Foreign Affairs, the United States intelligence community to capture or on behalf of that Government to conduct sig- Committee on Armed Services, and the Perma- geospatial imagery. (b) FORM.—The report required under sub- nificant activities undermining cybersecurity. nent Select Committee on Intelligence of the section (a) may be included in the first human (3) SUBMISSION AND FORM.— House of Representatives. (A) SUBMISSION.—The report required under rights report required to be submitted to Con- TITLE III—PROMOTION OF HUMAN gress after the date of the enactment of this Act paragraph (1) shall be submitted not later than RIGHTS 90 days after the date of the enactment of this under sections 116(d) and 502B(b) of the Foreign Act, and every 180 days thereafter. SEC. 301. INFORMATION TECHNOLOGY. Assistance Act of 1961 (22 U.S.C. 2151n(d) and (B) FORM.—The report required under para- Section 104 of the North Korean Human 2304(b)). graph (1) shall be submitted in an unclassified Rights Act of 2004 (22 U.S.C. 7814) is amended SEC. 304. REPORT ON AND IMPOSITION OF SANC- form, but may include a classified annex. by adding at the end the following: TIONS WITH RESPECT TO SERIOUS HUMAN RIGHTS ABUSES OR CENSOR- (b) DESIGNATION OF PERSONS.—The President ‘‘(d) INFORMATION TECHNOLOGY STUDY.—Not SHIP IN NORTH KOREA. shall designate under section 104(a) any person later than 180 days after the date of the enactment of the North Korea Sanctions and Policy (a) REPORT REQUIRED.— identified in the report required under sub- (1) IN GENERAL.—The Secretary of State shall section (a)(1) that knowingly engages in signifi- Enhancement Act of 2015, the President shall submit to the appropriate congressional commit- submit to the appropriate congressional commit- cant activities undermining cybersecurity tees a report that— through the use of computer networks or sys- tees a classified report that sets forth a detailed plan for making unrestricted, unmonitored, and (A) identifies each person the Secretary deter- tems against foreign persons, governments, or mines to be responsible for serious human rights other entities on behalf of the Government of inexpensive electronic mass communications available to the people of North Korea.’’. abuses or censorship in North Korea and de- North Korea. scribes the conduct of that person; and SEC. 210. CODIFICATION OF SANCTIONS WITH RE- SEC. 302. STRATEGY TO PROMOTE NORTH KO- (B) describes serious human rights abuses or REAN HUMAN RIGHTS. SPECT TO NORTH KOREAN ACTIVI- censorship undertaken by the Government of (a) IN GENERAL.—Not later than 180 days TIES UNDERMINING CYBERSECU- North Korea or any person acting for or on be- RITY. after the date of the enactment of this Act, the half of that Government in the most recent year Secretary of State, in coordination with other (a) IN GENERAL.—United States sanctions ending before the submission of the report. with respect to activities of the Government of appropriate Federal departments and agencies, (2) CONSIDERATION.—In preparing the report North Korea, persons acting for or on behalf of shall submit to the Committee on Foreign Rela- required under paragraph (1), the Secretary of that Government, or persons located in North tions of the Senate and the Committee on For- State shall— Korea that undermine cybersecurity provided eign Affairs of the House of Representatives a (A) give due consideration to the findings of for in Executive Order 13687 (50 U.S.C. 1701 report that details a United States strategy to the United Nations Commission of Inquiry on note; relating to imposing additional sanctions promote initiatives to enhance international Human Rights in North Korea; and with respect to North Korea) or Executive Order awareness of and to address the human rights (B) make specific findings with respect to the 13694 (50 U.S.C. 1701 note; relating to blocking situation in North Korea. responsibility of Kim Jong Un, and of each indi- the property of certain persons engaging in sig- (b) INFORMATION.—The report required under vidual who is a member of the National Defense nificant malicious cyber-enabled activities), as subsection (a) should include— Commission of North Korea or the Organization such Executive Orders are in effect on the day (1) a list of countries that forcibly repatriate and Guidance Department of the Workers’ before the date of the enactment of this Act, refugees from North Korea; and Party of Korea, for serious human rights abuses shall remain in effect until the date that is 30 (2) a list of countries where North Korean la- and censorship. days after the date on which the President sub- borers work, including countries the govern- (3) SUBMISSION AND FORM.— mits to Congress a certification that the Govern- ments of which have formal arrangements with (A) SUBMISSION.—The report required under ment of North Korea, persons acting for or on the Government of North Korea or any person paragraph (1) shall be submitted not later than behalf of that Government, and persons owned acting for or on behalf of that Government to 120 days after the date of the enactment of this or controlled, directly or indirectly, by that Gov- employ North Korean workers. Act, and every 180 days thereafter for a period ernment or persons acting for or on behalf of (c) STRATEGY.—The report required under not to exceed 3 years, and shall be included in that Government, are no longer engaged in the subsection (a) should include— each human rights report required under sec- illicit activities described in such Executive Or- (1) a plan to enhance bilateral and multilat- tions 116(d) and 502B(b) of the Foreign Assist- ders, including actions in violation of United eral outreach, including sustained engagement ance Act of 1961 (22 U.S.C. 2151n(d) and Nations Security Council Resolutions 1718 with the governments of partners and allies 2304(b)). (2006), 1874 (2009), 2087 (2013), and 2094 (2013). with overseas posts to routinely demarche or (B) FORM.—The report required under para- (b) RULE OF CONSTRUCTION.—Nothing in this brief those governments on North Korea human graph (1) shall be submitted in unclassified section shall be construed to limit the authority rights issues, including forced labor, trafficking, form, but may include a classified annex. of the President pursuant to the International and repatriation of citizens of North Korea; (C) PUBLIC AVAILABILITY.—The Secretary of Emergency Economic Powers Act (50 U.S.C. 1701 (2) public affairs and public diplomacy cam- State shall publish the unclassified part of the et seq.). paigns, including options to work with news or- report required under paragraph (1) on the SEC. 211. SENSE OF CONGRESS ON TRILATERAL ganizations and media outlets to publish opin- website of the Department of State. COOPERATION BETWEEN THE ion pieces and secure public speaking opportu- (b) DESIGNATION OF PERSONS.—The President UNITED STATES, SOUTH KOREA, AND nities for United States Government officials on shall designate under section 104(a) any person JAPAN. issues related to the human rights situation in listed in the report required under subsection (a) IN GENERAL.—It is the sense of Congress North Korea, including forced labor, trafficking, (a)(1) that— that the President— and repatriation of citizens of North Korea; and (1) knowingly engages in, is responsible for, or (1) should seek to strengthen high-level tri- (3) opportunities to coordinate and collaborate facilitates censorship by the Government of lateral mechanisms for discussion and coordina- with appropriate nongovernmental organiza- North Korea; or

VerDate Sep 11 2014 01:25 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 4624 Sfmt 6333 E:\CR\FM\A10FE6.001 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE February 10, 2016 CONGRESSIONAL RECORD — SENATE S767 (2) knowingly engages in, is responsible for, or (i) abducted or unlawfully held captive by the executive branch to confront this facilitates serious human rights abuses by the Government of North Korea; or threat. Government of North Korea. (ii) detained in violation of the Agreement There has been a lot of attention on (c) SENSE OF CONGRESS.—It is the sense of Concerning a Military Armistice in Korea, North Korea in the weeks following Congress that the President should— signed at Panmunjom July 27, 1953 (commonly (1) seek the prompt adoption by the United referred to as the ‘‘Korean War Armistice Agree- North Korea’s fourth nuclear test, but Nations Security Council of a resolution calling ment’’). Senators CORY GARDNER and BOB for the blocking of the assets of all persons re- SEC. 403. AUTHORIZATION OF APPROPRIATIONS. MENENDEZ demonstrated leadership on sponsible for severe human rights abuses or cen- (a) IN GENERAL.—There are authorized to be North Korea long before recent events, sorship in North Korea; and appropriated for each of fiscal years 2017 and I thank them personally—Senator (2) fully cooperate with the prosecution of any through 2021— GARDNER chairing the subcommittee individual listed in the report required under (1) $3,000,000 to carry out section 103 of the that looks after policy relative to subsection (a)(1) before any international tri- North Korea Human Rights Act of 2004 (22 North Korea and Senator MENENDEZ bunal that may be established to prosecute per- U.S.C. 7813); coming together with a robust piece of sons responsible for severe human rights abuses (2) $3,000,000 to carry out subsections (a), (b), or censorship in North Korea. and (c) of section 104 of that Act (22 U.S.C. legislation. I thank Senator GARDNER TITLE IV—GENERAL AUTHORITIES 7814); for his leadership. He is new to the (3) $2,000,000 to carry out subsection (d) of committee but certainly not new to ad- SEC. 401. SUSPENSION OF SANCTIONS AND OTHER MEASURES. such section 104, as add by section 301 of this dressing problems our Nation faces, Act; and (a) IN GENERAL.—Any sanction or other meas- and I thank him for that. I thank them (4) $2,000,000 to carry out section 203 of the ure required under title I, II, or III (or any for their efforts over many months to North Korea Human Rights Act of 2004 (22 amendment made by such titles) may be sus- focus attention on the threat posed by U.S.C. 7833). pended for up to 1 year upon certification by (b) AVAILABILITY OF FUNDS.—Amounts appro- North Korea and to work with Senator the President to the appropriate congressional priated for each fiscal year pursuant to sub- CARDIN and myself to develop a bipar- committees that the Government of North Korea section (a) shall remain available until ex- tisan Senate bill. has made progress toward— pended. I want to single out Senator CARDIN (1) verifiably ceasing its counterfeiting of United States currency, including the surrender SEC. 404. RULEMAKING. and his staff for the collaborative and or destruction of specialized materials and (a) IN GENERAL.—The President is authorized constructive manner in which they equipment used or particularly suitable for to promulgate such rules and regulations as worked with my team on this impor- counterfeiting; may be necessary to carry out the provisions of tant bipartisan piece of legislation. this Act (which may include regulatory excep- (2) taking steps toward financial transparency Senators SHAHEEN and MARKEY also tions), including under section 205 of the Inter- to comply with generally accepted protocols to made important contributions as well. cease and prevent the laundering of monetary national Emergency Economic Powers Act (50 U.S.C. 1704). Senator CARDIN just arrived late, but instruments; I want the Senator to know I was just (3) taking steps toward verification of its com- (b) RULE OF CONSTRUCTION.—Nothing in this pliance with applicable United Nations Security Act, or in any amendment made by this Act, boasting about his tremendous efforts. Council resolutions; may be construed to limit the authority of the If he would please know that has oc- (4) taking steps toward accounting for and re- President to designate or sanction persons pur- curred. patriating the citizens of other countries— suant to an applicable Executive order or other- This was truly an all-hands-on-deck (A) abducted or unlawfully held captive by wise pursuant to the International Emergency bipartisan committee effort to ensure a the Government of North Korea; or Economic Powers Act (50 U.S.C. 1701 et seq.). piece of legislation that the Senate, (B) detained in violation of the Agreement SEC. 405. AUTHORITY TO CONSOLIDATE RE- the Congress, and the country can be Concerning a Military Armistice in Korea, PORTS. Any and all reports required to be submitted proud of. signed at Panmunjom July 27, 1953 (commonly Over the past decade, the Senate For- referred to as the ‘‘Korean War Armistice Agree- to appropriate congressional committees under ment’’); this Act or any amendment made by this Act eign Relations Committee has con- (5) accepting and beginning to abide by inter- that are subject to a deadline for submission vened every couple of years at the full nationally recognized standards for the distribu- consisting of the same unit of time may be con- committee level to assess the state of tion and monitoring of humanitarian aid; and solidated into a single report that is submitted to U.S. policy toward North Korea. There (6) taking verified steps to improve living con- appropriate congressional committees pursuant has been surprisingly little variation in ditions in its political prison camps. to such deadline. The consolidated reports must their overall descriptions of the danger (b) RENEWAL OF SUSPENSION.—The suspension contain all information required under this Act or any amendment made by this Act, in addition and recommended policy prescriptions. described in subsection (a) may be renewed for Former U.S. officials have all charac- additional, consecutive 180-day periods after the to all other elements mandated by previous law. President certifies to the appropriate congres- SEC. 406. EFFECTIVE DATE. terized North Korea’s nuclear and bal- sional committees that the Government of North Except as otherwise provided in this Act, this listic missile activities as posing seri- Korea has continued to comply with the condi- Act and the amendments made by this Act shall ous and unacceptable risk to U.S. nations described in subsection (a) during the pre- take effect on the date of the enactment of this tional interests. These same officials vious year. Act. also all stressed the importance of SEC. 402. TERMINATION OF SANCTIONS AND The PRESIDING OFFICER. Under standing with our close regional allies, OTHER MEASURES. the previous order, there will be up to South Korea and Japan, in the face of Any sanction or other measure required under 7 hours of debate equally divided in the destabilizing North Korean provo- title I, II, or III (or any amendment made by cations. In addition, they all cited the such titles) shall terminate on the date on which usual form. the President determines and certifies to the ap- The Senator from Tennessee. necessity of cooperating with the inter- propriate congressional committees that the Mr. CORKER. Mr. President, I start national community to deter further Government of North Korea has— by thanking the leader for bringing to North Korean provocations and prevent (1) met the requirements set forth in section the floor today the bipartisan North the spread of sensitive technologies to 401; and Korea Sanctions and Policy Enhance- and from North Korea. They all noted (2) made significant progress toward— ment Act. the importance of enforcing U.N. Secu- (A) completely, verifiably, and irreversibly dis- This legislation passed unanimously rity Council sanctions on North Korea, mantling all of its nuclear, chemical, biological, out of the Senate Foreign Relations specifically the need for China to exer- and radiological weapons programs, including all programs for the development of systems de- Committee to address a critical na- cise greater influence over Pyongyang. signed in whole or in part for the delivery of tional security issue—the nuclear and Let me say this. I am personally very such weapons; ballistic missile threat from North disappointed at the way the U.N. Secu- (B) releasing all political prisoners, including Korea. rity Council is functioning—whether it the citizens of North Korea detained in North We know all too well that the past is Iran, where we had two ballistic mis- Korea’s political prison camps; two decades of North Korean policy, in- sile tests and yet nothing has been (C) ceasing its censorship of peaceful political cluding both Republican and Demo- done at the U.N. Security Council activity; cratic administrations, have been an level. Most recently, China sent a dele- (D) establishing an open, transparent, and representative society; and abject failure. While there is no silver gation to meet with North Korea right (E) fully accounting for and repatriating bullet solution, it is clear that Con- before this last test in order to try to United States citizens (including deceased gress must play a proactive role in pro- influence them, and the country of United States citizens)— viding a more robust policy tool to the China was embarrassed by the fact that

VerDate Sep 11 2014 01:25 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\A10FE6.001 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S768 CONGRESSIONAL RECORD — SENATE February 10, 2016 North Korea went ahead with this bal- After the careful work over many to do. We are the policymakers of listic test. Yet, in spite of that embar- months by a bipartisan coalition in America. We pass the laws. Then the rassment, in spite of the fact it is their Congress, we have a piece of legislation executive branch, which is critically neighbor on their border that is con- that I believe will begin to allow our important to foreign policy—don’t get ducting these provocations, they still country, working with our allies, to me wrong—but we enable the tools to have not agreed to U.N. Security Coun- begin seizing the initiative in con- be able to carry out this foreign policy. cil resolutions to put into place sanc- straining North Korea’s ability to What this legislation shows is Congress tions against North Korea. That is very threaten its neighbors and the world speaks with a very clear voice, that we disappointing. with nuclear weapons while also con- will not tolerate North Korea’s pro- In the recent years, U.S. officials tinuing to focus world attention on the liferation of weaponry, its intimidation have spoken increasingly of the deplor- plight of the North Korean people. of its neighbors, its human rights vio- able human rights situation in North I look forward to hearing the per- lations, and that we will use the Korea, including highlighting North spectives of my colleagues on the sig- strongest possible measures to ensure Korea’s notorious prison camps. Of nificance of this legislation that I ex- that we contain that type of nefarious course, there have been some dif- pect will receive wide bipartisan sup- conduct. ferences in approaches toward North port and eventually become law. Quite frankly, the legislation we Korea over the years, particularly with Mr. President, I yield the floor to my have before us is similar to the ap- respect to the tactics of engaging distinguished friend and the ranking proach we took with Iran and the con- North Korea and the appropriate bal- member, Senator CARDIN. gressionally mandated sanctions we ance of carrots and sticks. Yet it is ap- The PRESIDING OFFICER. The Sen- had on Iran that made it clear we were parent that the past several decades of ator from Maryland. going to isolate Iran until they U.S. policy are not working. North Mr. CARDIN. Mr. President, let me changed course on their nuclear weap- Korea continues to advance their nu- first start by thanking Chairman ons program. What this legislation clear and ballistic missile capabilities CORKER. does is take the product that came unchecked. They have orchestrated The Senate Foreign Relations Com- over from the House of Representa- malicious cyber attacks that threaten mittee has a proud tradition of work- tives—it was a good bill that came over our allies as well as our own national ing on national security and foreign from the House of Representatives, but security. Meanwhile, the North Korean policy issues in the best interest of our we strengthened it. We made it more people remain impoverished and sub- country and putting partisan dif- effective through the input of the ject to brutal treatment at the hands ferences aside so we can speak with a members of the Senate Foreign Rela- of the Kim regime. strong voice. Chairman CORKER has tions Committee. So it is a strong mes- I appreciate the complexity of risks carried out that tradition and has ele- sage—unified, bipartisan, working with posed by North Korea and our limited vated it to a level that I think has been the administration to produce a strong options. However, there is certainly not only in the best interest of the policy. more we can and should be doing in ad- Senate but the best interests of our North Korea’s foreign policy chal- dressing this issue. Our bill sets prece- country. That is particularly true in lenges are known by all. It has been dent and puts in place strong manda- the North Korea Sanctions and Policy known by every American President tory sanctions and establishes for the Enhancement Act of 2016. So I thank since the start of the Korean war. They first time a statutory framework for him for the manner in which he have tested four nuclear weapons and sanctions in response to North Korean brought different views together. We they tested a long-range ballistic mis- cyber threats. The President will be re- all had the same objectives, but as the sile in defiance of numerous inter- quired to investigate a wide range of Presiding Officer knows, when dealing national obligations. sanctionable conduct, including pro- with 100 Members of the Senate and the U.S. leadership is absolutely critical liferation of weapons of mass destruc- 19 Members of our committee, we each in standing up to North Korea’s activi- tion, arms-related materials, luxury have different views, and to try to har- ties. We must isolate North Korea to goods which affect the elite in that monize that so we can get legislation prevent it from getting international country, human rights abuses, activi- done in a timely way takes a great deal help to further its illegal weapons pro- ties undermining cyber security, and of talent and patience. Senator CORKER gram. That is the basic point of sanc- provision of industrial inputs such as has both talent and patience, and I tions. We want to prevent commercial precious metals or coal for use in a tai- thank him very much for the way he interests anywhere in the world from lored set of activities, including WMD, led our committee to bring a bill to the trying to help North Korea get the proliferation activities, and prison and floor of the Senate that I think will get type of weapons, equipment, and re- labor camps. Penalties include the sei- overwhelming support, will become sources it needs in order to further its zure of assets, visa bans, and denial of law, and will advance U.S. national se- illegal weapon program. The United government contracts. curity interests. States must lead in effective diplo- I am also pleased this bill goes be- I have my two chairmen here. Sen- macy to provide incentives and dis- yond just these sanctions—which, by ator GARDNER is the chairman of the incentives toward North Korea’s con- the way, are very strong—and I want to East Asia and Pacific Subcommittee in duct. We need to form strong alliances underline the word ‘‘mandatory.’’ It es- the Foreign Relations Committee. He and partnerships in the region. We tablishes a more robust policy frame- understood the importance of North have to work in close coordination work, including tools to improve en- Korea, its nuclear weapon program, its with our allies, and quite frankly our forcement, and shines a brighter spot- weaponization program, and the im- goal is a peaceful and reunified penin- light on North Korea’s abhorrent pact it has globally. That is for sure, sula. We think that is in the best inter- human rights record, such as their but East Asia is a particular concern, est of all the Korean people. forced labor practices. The bill requires and Senator GARDNER understood that, Over the last two decades, the North a strategy to promote improved imple- working with our allies in East Asia to Korean regime has moved steadily for- mentation and enforcement of multi- develop the right U.S. leadership so we ward in their nuclear weapons develop- lateral sanctions, a strategy to combat will have an international coalition ment program and in the production of North Korean cyber activities, and a isolating North Korea because of its nuclear material. They have continued strategy to promote and encourage conduct. So I thank Senator GARDNER to develop this ballistic missile pro- international engagement on North for introducing the original bill in the gram, they possess hundreds of short- Korean human rights issues. There are Senate and working with Senator and medium-range missiles, and they reporting requirements related to these MENENDEZ particularly—who intro- are seeking ICBM capabilities. They strategies as well as a report on polit- duced it on our side—to bring together have active uranium and plutonium ical prison camps and a feasibility legislation that is a proper role for programs that pose a proliferation study on providing communications Congress. threat. They have tried in the past to equipment to the people of North I want to underscore that. This legis- help Syria build a nuclear reactor and Korea. lation represents what Congress needs have been a source of nuclear material

VerDate Sep 11 2014 01:25 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G10FE6.009 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE February 10, 2016 CONGRESSIONAL RECORD — SENATE S769 missile technology to rogue states, in- humanity. Building on the important said. China is as much a threat as any cluding terrorists. It is not just about work of the U.N. Commission of In- country in the world as a result of one country-state. It is about what quiry, the United Nations Human North Korea’s activities. China can they are doing in helping other coun- Rights Commission and General As- make a huge difference in isolating tries that support terrorism and ter- sembly adopted by overwhelming mar- North Korea and changing their behav- rorist groups itself. It is critically im- gins resolutions calling for account- ior to denuclearize the Korean Penin- portant we act. ability for North Korea’s human rights sula. That is their objective. China has North Korea represents a grave and abuses. Just last year, the United Na- told us that. They need to take action. growing threat to the United States, tions Security Council took up the They shouldn’t be blocking U.N. Secu- the region, and the international com- DPRK’s grave human rights injustices rity Council action. They should not munity. To respond to North Korea’s on their standing agenda for the very only be supporting that, they should be continued belligerence, the legislation first time. These multilateral resolu- using their influence over North Korea we have before us includes mandatory tions need to be backed up by appro- to bring about a change of behavior of sanctions—and the chairman men- priate action, and that is exactly what North Korea as it relates to prolifera- tioned that these are mandatory sanc- we are doing. tion of weapons. So it is on China. tions—directed against specific entities It is well past time to hold North The United States will do what it that violate U.S. law and United Na- Korea responsible for its human rights must do to safeguard our interests and tions Security Council resolutions, in- violations, and this legislation does that of our allies. And that, we will do. cluding proliferation of weapons of just that. In response, this legislation But we hope China, which claims to mass destruction, arms-related mate- imposes sanctions not just for North share our same goals on the rials, human rights violations—and we Korea’s nuclear programs and contin- denuclearization of the Korean Penin- will get to that because it is an impor- ued provocative behavior but for the sula, will agree on the meaningful tant part of this legislation—and ac- severe human rights abuses committed steps necessary so that we can achieve tivities that undermine cyber security. in North Korea as well. This is new and that goal. Our legislation targets for investiga- necessary policy ground for the United Let me be clear. The United States tion those who support these activities States with regard to North Korea. and Republic of Korea alliance remains by providing the regime with industrial Although tough sanctions have as firm and resilient as ever and stands inputs, such as coal that provides eco- worked on North Korea when applied in ready to support the Korean people the past—and I think it is important to nomic support for North Korea’s illicit against any and all provocations by point out that sanctions do work. In activities or luxury goods that allow North Korea. Just this weekend, the al- 2005 the United States designated the regime to continue to exercise its liance made a decision to begin formal Banco Delta Asia, BDA, as a money control. consultations regarding improvements laundering concern for facilitating We are going after the source of their to the THAAD missile defense system North Korean illicit activities and financing of their illegal weapons pro- operated by U.S. Forces Korea. I sup- banned all U.S. financial institutions gram. It is not always the direct equip- port this decision, as it is both an im- from dealing with that bank. It ment that goes into building the weap- portant element of our extended deter- worked. It had a major impact on ons; in many cases, it is the mineral rence architecture and it sends the North Korea. The problem is, that was wealth of the country that they are right signal of U.S. resolve to protect 2005 and we let up. We didn’t keep the using in order to finance that. This leg- our allies and partners in the region. pressure on. This legislation will cor- islation targets those sectors. The We will look for new defense systems rect that oversight and remedy the rea- President is mandated to sanction any to help the Republic of Korea and our sons why these sanctions are not effec- person who has contributed to or en- tive today. friends in the Korean Peninsula. gaged in or helped to facilitate these This legislation acknowledges that I also wish to commend President actions. sanctions and diplomacy are the most Park for her leadership in responding Even isolated regimes like North effective way when integrated into a to this growing threat. She has dem- Korea are nonetheless tied to the glob- comprehensive strategy that engages onstrated the necessary political will al financial order in ways that provide all of our instruments of national pol- to strengthen cooperation and con- the international community with le- icy. The North Korea Sanctions and sultations within the alliance and with verage to seek changes in North Ko- Policy Enhancement Act of 2016 in- partners in the region to forge a united rea’s behavior. cludes instruments to improve the en- and strong international response to This legislation also codifies existing forcement of multilateral sanctions, an North Korea’s reckless behavior. cyber security sanctions in response to overall strategy to combat North Ko- We must also continue to look for op- North Korea’s increasing capability rea’s cyber activities, and other efforts portunities to enhance trilateral co- and provocations in the cyber domain, to address human rights abuses. The operation between the United States, including the attack on Sony. This is legislation also protects important hu- Japan, and South Korea. Japan and an important step in building and en- manitarian assistance programs. South Korea are our most important forcing international norms when it This is another point I want to un- allies in the region, and as we approach comes to cyber space. One of the areas derscore: We have no problem with the North Korea, to be most effective, we that we have strengthened in the people of North Korea. It is the govern- need to act together. House bill is to make it clear that our ment. It is the government that is not Strong, clear-eyed, forward-looking concerns about North Korea go well be- only threatening its neighbors, it has leadership will be necessary if we hope yond their nuclear weapons tests but damaged, threatened, and killed its to pursue eventual denuclearization on also to their cyber attack activities. own people. This legislation makes it the Korean Peninsula. It calls for close The vast majority of North Koreans clear that we will continue to try to coordination with our regional allies, endure systematic violations of their get humanitarian assistance to the South Korea and Japan, particularly in most basic human rights. Chairman people of North Korea. the areas of missile defense and infor- CORKER talked about this. Many of Finally, effectively enforcing sanc- mation sharing. And it calls for U.S. these violations constitute crimes tions against North Korea is not some- leadership to strengthen the existing against humanity. It is a fact that is thing the United States can do alone. counterproliferation regime, to ensure well-documented by the United Nations It requires our allies, our partners, and that North Korea’s most dangerous Commission of Inquiry. Widespread the rest of the international commu- weapons are contained as we work to- malnutrition, torture, and fear have nity to join us in this effort. This legis- ward their elimination. This legisla- made North Korea one of the most lation seeks to create the policy envi- tion does that. It strengthens U.S. pol- egregious human rights violators, un- ronment that makes such a multilat- icy and allows us to ensure that North paralleled in the contemporary world. eral effort at the United Nations Secu- Korea will pay a price for its continued They are the worst. rity Council possible. nuclear ambitions, while providing the These crimes by the North Korean re- The onus is now on China. Chairman administration with the toolkit it gime should shock the conscience of CORKER is actually right in what he needs to develop and implement a more

VerDate Sep 11 2014 01:25 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G10FE6.011 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S770 CONGRESSIONAL RECORD — SENATE February 10, 2016 effective approach to North Korea. I policies are failing to deter the forgot- and several months later, North Korea urge all my colleagues to join us in ten maniac in Pyongyang, Kim Jong shelled a South Korean island, killing 4 supporting this very important legisla- Un. more South Korean citizens. tion. This past weekend, on February 7, Pyongyang is also quickly developing Mr. President, I yield the floor. North Korea conducted a satellite its cyber capabilities as another dan- The PRESIDING OFFICER. The Sen- launch, which is essentially a test of an gerous tool of intimidation, as dem- ator from Colorado. intercontinental ballistic missile that onstrated by the attack on the South Mr. GARDNER. Mr. President, I want would be capable of reaching the U.S. Korean financial institutions and com- to add to the comments made by Chair- mainland. Last month, on January 6, munication systems in March of 2013 or man CORKER, my colleague from Ten- North Korea conducted its fourth nu- the Sony Pictures hack attack in No- nessee and chairman of the Foreign Re- clear test, which is the third such test vember of 2014. lations Committee, as well as Senator during the Obama administration. According to a November 2015 report CARDIN, my colleague on the Sub- Moreover, North Korea has claimed by the Center for Strategic and Inter- committee on East Asia, about the that this test was a test of a thermo- national Studies, ‘‘North Korea is work we have done over the past year nuclear device, also known as a hydro- emerging as a significant actor in to put this before the Senate today. gen bomb—a vastly more powerful cyberspace with both its military and One of the first meetings we held in weapon than the atomic devices the re- clandestine organizations gaining the the office of Chairman CORKER was to gime has tested in the past. Regardless capability to conduct cyber oper- speak with my colleagues on the con- of whether the claim that it was a hy- ations.’’ cern we shared about North Korea, the drogen bomb is true, this test rep- According to the Heritage Founda- concern that while we have rightfully resents a significant advancement in tion: focused on the Middle East and the North Korea’s nuclear weapons capa- Contrary to perceptions of North Korea as conflicts that have arisen in Syria and bility. a technically backward nation, the regime in various places around the country, North Korea has violated a series of has a very robust and active cyber warfare at the same time we cannot take our United Nations Security Council reso- capability. The Reconnaissance General Bu- eyes off of North Korea. lutions, including Resolutions 1718, reau, North Korea’s intelligence agency, oversees 3,000 ‘‘cyber-warriors’’ dedicated to Of course, Senator CARDIN from 1874, 2087, and 2094—all while the re- attacking Pyongyang’s enemies. A South Maryland and I have worked together gime’s stockpile of nuclear weapons Korean cyber expert assessed that North Ko- on a variety of committee hearings. continues to grow exponentially. Most rea’s electronic warfare capabilities were The first series of committee hearings recently, nuclear experts have reported surpassed only by the United States and Rus- we held on the East Asia Sub- that North Korea may currently have sia. committee were to address cyber secu- as many as 20 nuclear warheads, with We should also never forget that this rity issues, the cyber attacks from potential for over 100 in the next few regime remains one of the world’s fore- North Korea, and the situation in re- years. most abusers of human rights. The gard to security on the North Korean Yesterday James Clapper, the Direc- North Korean regime maintains a vast Peninsula. I think the work we have tor of National Intelligence, testified network of political prison camps laid out over the past year is setting before the Senate Armed Services Com- where as many as 200,000 men, women, ground for this strong sanctions bill mittee that North Korea has restarted and children are confined to atrocious today. its plutonium reactor at Yongbyon and living conditions and are tortured, I rise to speak in support of H.R. 757, ‘‘could begin to recover plutonium maimed, and killed. the North Korea Sanctions and Policy from the reactor’s spent fuel within a On February 7, 2014, the United Na- Enhancement Act, as amended by the matter of weeks to months.’’ The re- tions Commission of Inquiry on Human unanimous amendment that came out gime’s ballistic missile capabilities are Rights released a groundbreaking re- of the Foreign Relations Committee on rapidly advancing. DNI Clapper stated port detailing North Korea’s horren- January 28. This legislation is a mo- that ‘‘North Korea has also expanded dous record on human rights. The Com- mentous achievement, and I thank the the size and sophistication of its bal- mission found that North Korea’s con- members of the committee and par- listic missiles forces—from close-range stituted a crime against humanity. ticularly Senator MENENDEZ for work- ballistic missiles to intercontinental What then has been this administra- ing closely with me as we came to- ballistic missiles [ICBMs]—and con- tion’s policy to counter the North Ko- gether with a strong bipartisan solu- tinues to conduct missile test rean threat? Our policy is something tion to what is the problem with North launches. . . . Pyongyang is also com- called ‘‘strategic patience,’’ which Korea. I also thank House Foreign Af- mitted to developing a long-range, nu- started in 2009 under then-Secretary of fairs Committee Chairman ED ROYCE, clear-armed missile that is capable of State Hillary Clinton. The main idea the sponsor of the underlying House posing a direct threat to the United behind strategic patience, it seems, is legislation, for his years of tireless States.’’ to patiently wait until Kim Jong Un work and dedication on this issue. Hav- ADM Bill Gortney, the head of U.S. peacefully surrenders. ing served with Chairman ROYCE in the Northern Command, NORTHCOM, The latest developments show that House for a number of years, I know which is based in my home State of we are reaping the rewards of this ill- his passion and his dedication and his Colorado, at Peterson Air Force Base conceived policy, and it can no longer commitment to bringing peace to the in Colorado Springs, has publicly stat- be allowed to remain in effect. The peninsula. ed that North Korea may have already simple fact is that strategic patience This legislation comes at a critical developed the ability to miniaturize a has been a strategic failure. All that time. Those of you who had a chance to nuclear warhead, mount it on their our so-called ‘‘patience’’ has done is to see the news this morning woke up to own intercontinental ballistic mis- allow the North Korean regime to con- a story in Reuters where yet another sile—something called the KN–08—and tinue to test nuclear weapons, to ex- top military official in the Kim Jong ‘‘shoot it at the homeland.’’ Those are pand its testing of intercontinental Un regime was assassinated by Kim not the words of a committee chairman ballistic missiles, to grow its military Jong Un, following a long list of others or the words of a subcommittee chair- power, and to develop cyber warfare in his administration who have been man; those are the words of our com- technologies while systematically con- killed, assassinated, tortured, includ- mander of NORTHCOM, who believes tinuing to torture its own people. We ing his own uncle, including those who that they may have developed the abil- have neither militarily deterred this have been killed by anti-aircraft guns. ity to shoot it at the homeland. regime nor effectively used our puni- North Korea poses a serious and North Korea has demonstrated time tive tools. growing threat to its neighbors, our al- and time again that it is an aggressive, Our sanctions policy toward North lies, South Korea, Japan, and others. It ruthless regime that is not afraid to Korea has been weak. This was noted poses a threat to our homeland, the kill innocent people. On March 26, 2010, in that same CSIS report: United States, and to global security. North Korean missiles sank a South The sanctions against North Korea pale in While the threat is growing daily, our Korean ship, killing 46 of her own crew, comparison to the level of sanctioning

VerDate Sep 11 2014 01:25 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G10FE6.013 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE February 10, 2016 CONGRESSIONAL RECORD — SENATE S771 against Iran. . . . The number of individuals goods and narcotics trafficking, who [From the Washington Post, Feb. 8, 2016] and entities sanctioned by the U.S. and UN engage in activities undermining cyber NORTH KOREA’S ROCKET LAUNCH SHOWS THAT are 843 (U.S.) and 121 (UN) for Iran, but only security or have sold, supplied or MR. OBAMA’S ‘STRATEGIC PATIENCE’ HAS 100 (U.S.) and 31 (UN) for North Korea. transferred to or from North Korea pre- FAILED When we do impose sanctions against cious metals or raw metals, including (By Editorial Board) North Korea, they are often repetitive aluminum, steel, and coal for the ben- Assessing the behavior of North Korean or ineffectual. Again, I quote from the efit of North Korea’s regime and its il- ruler Kim Jong Un is necessarily a matter of Heritage Foundation report: licit activities. guesswork In light of North Korea’s launch In response to the North Korean Sunday of another long-range rocket, how- cyberattack on Sony, President Barack These sanctions are tough, and we ever, our favorite theory is a simple one: Mr. Obama issued Executive Order 13687, which, know that a significant portion of the Kim is responding rationally, even shrewdly, though expansive in legal breadth, was only foreign currency that North Korea re- to the outside world. The 30-something dic- weakly implemented. The Administration ceives is for trade in its precious met- tator no doubt noticed that after the re- targeted 13 North Korean entities, three or- als, raw materials, aluminum, steel, gime’s latest nuclear test, on Jan. 6, there ganizations already on the U.S. sanctions and coal. We know that about 90 per- was no response other than rhetoric from the list, and 10 individuals not involved in cyber cent of North Korea’s economy is U.N. Security Council, China and the United warfare. States. Moreover, he surely observed that his through its relationship with China. That was our response to North provocation served to widen a rift between Korea. To date, we have not imposed Senator CARDIN previously men- Washington and Beijing over how to handle specific human rights sanctions on a tioned that nobody faces a greater him. So why not double down? The three-stage rocket launched Sunday, single North Korean individual. There threat than South Korea’s neighbors Japan and China, which border a re- which supposedly put a satellite into Earth’s are 200,000 men, women, and children in orbit, could also serve as an intercontinental political gulags in North Korea, and gime that is killing its own people and missile. If North Korea has succeeded, as it the United States has not imposed a testing ballistic missiles in violation of claims it has, in miniaturizing a nuclear specific human rights sanction on a China’s determinations, the United warhead, Mr. Kim could target Hawaii and single North Korean leader. It is a dis- States’ determinations, and certainly Alaska, or perhaps even the western U.S. grace given the gravity of the abuses the United Nations determinations. mainland. The threat is not imminent—and that have been perpetrated by this re- yet it is likely to become so if the United I will note that the mandatory sanc- States does not devise a more effective strat- gime. tions on North Korea’s cyber activities egy for containing and deterring the Kim re- These policy failures are why a year and the mandatory sanctions on the gime. ago I began working on the legislation minerals are unique to the Senate leg- President Obama’s policy since 2009, ‘‘stra- that is before us today that would re- islation. This bill also codifies the Ex- tegic patience,’’ has failed. The policy has verse course and apply the pressure ecutive orders that the President mostly consisted of ignoring North Korea necessary to stop the forgotten maniac issued last year, 13687 and 13694, regard- while mildly cajoling China to pressure the in Pyongyang. ing cyber security as they applied to regime. As the supplier of most of the isolated country’s energy and food, Beijing has Last August, I had an opportunity to North Korea, which were enacted last visit South Korea and meet with South enormous leverage. But Chinese President Xi year in the wake of the Sony Pictures Jinping appears even more committed than Korean President Park. We talked hack and other cyber incidents. That is his predecessors to the doctrine that it is about the situation on the peninsula, also a unique feature of the Senate bill. preferable to tolerate the Kim regime—and and we agreed that the status quo with its nuclear proliferation—than do anything North Korea is no longer sustainable. Lastly, if enacted and signed into that might destabilize it. To witness the proximity of the threat law, the mandatory sanctions on cyber Since the nuclear test, China has been say- for our South Korean allies, I visited violators will break new ground for ing that it will support another U.N. resolu- the demilitarized zone, or the DMZ. Congress. It is something that we can tion on North Korea, but it is balking at sig- Only days after I departed, North take as a model and apply to other na- nificant new sanctions. Instead it calls for tions that perpetrate against the ‘‘dialogue,’’ by which it means negotiations Korea fired artillery across the border, between North Korea and the United States. further illustrating the danger that United States. We need to look for every way to deprive Pyongyang of in- This sounds reasonable; the problem is that South Koreans live under each and talks on curbing North Korea’s nuclear pro- every day and the danger of armed es- come to build it weapons programs, gram and missiles have failed repeatedly, calation of this conflict. strengthen its cyber capabilities, and and Mr. Kim is now insisting that the regime I also traveled to China and met with abuse its own people. be accepted as a nuclear power. Foreign Minister Wang as well as high- We have to send a strong message to What is needed is a return to the only non- ranking officials of the People’s Lib- China, North Korea’s diplomatic pro- military strategy that brought results: sanc- eration Army to discuss North Korea. tions that strike at the regime’s inner circle. tector and largest trading partner, that Mr. Kim and his cronies are still managing From my conversations, however, it the United States will use every eco- to import luxury goods from China, in spite became evident that although they are nomic tool at its disposal to stop of a U.N. ban; they still use Chinese banks to growing exasperated with the North Pyongyang. do business with the rest of the world. Those Korean regime, Beijing has done little Finally, I would like to quote the links could be curtailed if China, like Iran with the intention of undertaking before it, were designated as a money Washington Post editorial board from launderer and U.S. sanctions were slapped on meaningful action to stop Kim Jong this past Monday, February 8: Un. Chinese banks and other businesses that sup- Last October, I introduced S. 2144, President Obama’s policy since 2009, ‘‘stra- ply weapons and luxury goods. the North Korea Sanctions and Policy tegic patience,’’ has failed. The policy has Pending U.S. sanctions legislation, already mostly consisted of ignoring North Korea passed by the House and scheduled for a Sen- Enhancement Act. I thank 17 of my ate floor vote this week, would mandate colleagues in this Senate for cospon- while mildly cajoling China to pressure the regime. these steps, while providing the administra- soring this legislation. The substitute tion with some flexibility. It should pass, before us today represents a slightly The editorial concludes: and Mr. Obama should sign it. The adminis- modified version of S. 2144. In par- tration and South Korea have taken one ticular, this legislation mandates and Both China and North Korea must see that positive step, by announcing formal con- they will pay a mounting price for what, to sultations on deploying an advanced missile not simply authorizes that the Presi- the United States, should be Mr. Kim’s intol- dent impose sanctions against persons defense system in South Korea as quickly as erable steps toward a nuclear arsenal. ‘‘Stra- possible. That sensible step had been on hold who materially contribute to North tegic patience’’ is no longer a viable option. because of China’s objections. Korea’s nuclear and ballistic missile Mr. President, I ask unanimous con- Both China and North Korea must see that development and who import luxury they will pay a mounting price for what, to goods into North Korea; mandatory sent that the Washington Post edi- the United States, should be Mr. Kim’s intol- sanctions against perpetrators who en- torial be printed in the RECORD. erable steps toward a nuclear arsenal. ‘‘Stra- able its censorship and human rights There being no objection, the mate- tegic patience’’ is no longer a viable option. abuses, who engage in money laun- rial was ordered to be printed in the Mr. GARDNER. This legislation be- dering and manufacture of counterfeit RECORD, as follows: gins the process of reversing course

VerDate Sep 11 2014 03:38 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G10FE6.005 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S772 CONGRESSIONAL RECORD — SENATE February 10, 2016 from these failed policies toward build- 28,500 troops that we have there. I I think we have more work to do in ing the strong policies that we need to know Senator SULLIVAN has done the the United States. This bill is a great stop the forgotten maniac. same thing. We understand the con- step, but also the United Nations—and I urge my colleagues to support this stant danger that South Korea and your expression of disappointment with bill—this amendment—which passed Japan face, as well as others. North the United Nations is well stated. with unanimous support out of the For- Korea is right on the border of China, Mr. CORKER. Mr. President, I think eign Relations Committee. We can and China is the entity that can make it is good that the Senator from Colo- make a difference today. We can the biggest difference. Yet China— rado brings up the fact that when we strengthen our partnership among again, after being embarrassed when began putting these sanctions in place, South Korea, Japan, and the United North Korea paid no attention whatso- there was a lot of push back because, in States. We can stop the torture of the ever to their reach-out when they tried essence, for these things to work prop- people of North Korea, and we can lift to keep this last test, in particular, erly or make the biggest difference in the threat of a nuclearized North from occurring—was unwilling to lis- outcomes, we need to have an inter- Korea, which threatens to harm not ten. national effort that takes place. When just its neighbors or our allies but the So when we have ‘‘partners’’ on the we began the Iran sanctions process, it people of this country, our homeland. U.N. Security Council unwilling to was unilateral. And while we stressed I thank the Presiding Officer and take steps, it means even more so that on the front end—I know we passed an yield the floor. this body, of probably the greatest Na- amendment in the Banking Committee The PRESIDING OFFICER (Mr. SUL- tion on Earth, has to be proactive. where that one originated—to really LIVAN). The Senator from Tennessee. I commend the Senator from Colo- put in place efforts to make it multi- Mr. CORKER. Mr. President, I know rado. I commend the Members of this lateral, over time it did and, because of we have a number of speakers who are body who I think are certainly inter- that, the world community obviously interested in this legislation. I think ested and will pass this piece of legisla- is joining us, so we were able to force they will be coming to the floor be- tion overwhelmingly. a behavior change. tween now and vote time. I ask that Again, I thank Senator MCCONNELL I would have liked to have had a bet- the other Members who wish to speak and Senator REID for allowing this leg- ter outcome when they got to the islation to come up in this manner. I on this legislation come to the floor so table, and I think most people in this too thank Chairman ROYCE and Rank- we can fill in the gaps. body would have. But this bill, I would ing Member ENGLE. They have worked Again, I thank Senator GARDNER and point out, does seek and does push the well together to cause us to project Senator MENENDEZ for their efforts on administration not only to implement strength in this regard. They sent the the front end of this legislation. I these by mandatory statements, but it base bill over, and it is a very good bill think this is a meaningful piece of leg- also, again, encourages them to work and a strong piece of legislation that islation. I was with the Presiding Offi- with others. the Senate, by passage later today, will cer yesterday during a lunch meeting, I had those same conversations in and I think he is OK with my sharing strengthen. This is a collaborative effort. I hate China that the Senator from Colorado the fact that the Senate is playing a to even use words like that, but it is a had years ago. The Chinese, with such role in really projecting our strength. collaborative effort by two bodies of emphasis on stability—and I under- We continue to do so both through the Congress and two committees. Ulti- stand it is right on their border which, Armed Services Committee that he mately, at the end of the day, I think to me, should make these provocations serves on and also through the Foreign the two bodies will fully pass this legis- even more infuriating and more impor- Relations Committee. I think this is a lation and it will become law. This is tant, relative to the security of their very strong piece of legislation. going to begin to make a difference in own country. But it just seems that A lot of times it is difficult for us to the way North Korea is behaving. they, too, have exercised the patience make a difference. Let’s face it. The What is happening there is impor- the Senator spoke about earlier that Commander in Chief has such powers tant. It is one of the greatest humani- our country has exercised. and such staff at their disposal. How- tarian crises, and this bill also address- I really do believe that passage of ever this is one of those pieces of legis- es that. this bill today, and an ultimate signa- lation where I am certain we are going I thank Senator GARDNER for his ture by the President, has the poten- to make a difference. comments on the floor. More impor- tial to unleash the same chain of Will it end North Korea’s activities? tantly, I thank him for his efforts in events that occurred relative to Iran, It will take collective efforts to make helping to bring this piece of legisla- hopefully with a better outcome. that happen, but I think this begins the tion to the floor and for his leadership Again, I thank the Senator for his ef- process of moving that along. in the committee in helping to design forts. I have to say that I am so dis- this bill. Mr. President, I ask unanimous con- appointed in the way the U.N. Security I look forward to our having a suc- sent that any time spent in a quorum Council is behaving. Again, I don’t cessful day in the Senate. call before the vote in relation to H.R. want to rehash old discussions, but I Mr. GARDNER. Will the Senator 757 be charged equally against both know when we looked at the snapback yield? sides. provisions that were a part of the Iran Mr. CORKER. Yes. The PRESIDING OFFICER. Without nuclear agreement—when you are deal- The PRESIDING OFFICER. The Sen- objection, it is so ordered. ing with partners like China, which ator from Colorado. Mr. CORKER. Mr. President, I sug- wants to buy oil from Iran, and Russia, Mr. GARDNER. The Senator from gest the absence of a quorum. which wants to sell them arms, I hate Tennessee talked about his disappoint- The PRESIDING OFFICER. The to say it, but our European friends are ment with the United Nations. I want clerk will call the roll. just dying to do business in the dif- to go back over some of the points we The legislative clerk proceeded to ferent ways that they are—mean noth- talked about earlier today. call the roll. ing. They mean nothing. Senator CARDIN, our colleague from Ms. HIRONO. Mr. President, I ask It is the fact that Iran had two bal- Maryland, mentioned the fact that the unanimous consent that the order for listic tests that have taken place, vio- United States has very similar ap- the quorum call be rescinded. lating U.N. Security Council resolu- proaches to our sanctions that brought The PRESIDING OFFICER. Without tions, and nothing has happened be- Iran to the negotiation table in the objection, it is so ordered. cause Russia and China have blocked first place—sanctions that we levied Ms. HIRONO. Mr. President, I rise to those. In many ways that means that against Iran brought them to the nego- speak in strong support of the North for us to continue the project to cause tiating table—and the fact that the Korea Sanctions Enforcement Act. change to occur, this body itself has to United States has levied almost eight This legislation serves as a critical be even more proactive. times more sanctions against Iran than component of the U.S. response to the Senator GARDNER has visited the we have a regime that does possess a North Korean regime’s dangerous and DMZ, just as I have, and has seen the nuclear weapon. destabilizing acts. These acts are just

VerDate Sep 11 2014 03:33 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G10FE6.006 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE February 10, 2016 CONGRESSIONAL RECORD — SENATE S773 the latest in a series of flagrant viola- the region where the United States has collegiality in America’s best interests tions of the U.N. Security Council’s five treaty allies and many security that we have seen in this committee resolutions against North Korea’s use partnerships. We must ensure that our time and again. Senators GARDNER and of ballistic missiles and nuclear tech- solid commitment to defend South MENENDEZ deserve real praise for their nology. Korea and Japan remains firm. work together drafting this bill, and I North Korea’s unpredictable behav- While passing this sanctions bill is thank and commend Chairman CORKER ior, combined with their commitment important to demonstrate our resolve and Ranking Member CARDIN for lead- to advancing their nuclear and missile and leadership, clearly this is not ing an open amendment process within capability, present a serious threat to enough in the face of North Korea’s the committee that strengthened the our country and our allies. provocations. We need to cooperate bill with truly constructive changes— My support of this bill is grounded in with our allies on missile defense. As among them an amendment from Sen- my belief that the United States must the north continues its provocative ator MARKEY to crack down on trans- stand with our allies and lead an inter- missile launches, our alliance with fers of conventional weapons to and national response that condemns North South Korea means that we must en- from North Korea, and another from Korea’s actions and reassures our al- hance our defenses against these Senator SHAHEEN, which makes sure lies, especially Japan and South Korea. threats. Pyongyang’s missile capabili- these new sanctions will not impede Strengthening and expanding sanctions ties threaten not only our allies and our ability to recover the remains of demonstrate that North Korea’s behav- our servicemembers stationed in South any lost American servicemember in ior is unacceptable and that there will Korea and Japan, but also the U.S. ter- North Korea. be consequences. ritory of Guam, my home State of Ha- I want to thank Senators CORKER and The Gardner-Menendez substitute waii, Alaska, and much of the west CARDIN not only for advancing this bill amendment codifies and makes manda- coast. but, just as importantly, for leading tory important cyber security sanc- South Korea’s decision yesterday to the Foreign Relations Committee in a tions on North Korea that were enacted begin formal talks with the United bipartisan spirit that reflects the best in Executive orders in the wake of the States to deploy a THAAD missile de- of the Senate in an uncertain world. Sony Pictures hacking incident. The fense system is a major step toward This is a strong bill, and I am confident amendment also requires the President this kind of missile defense coopera- it will enhance sanctions against North to target Pyongyang’s trade in key in- tion. THAAD can target short, me- Korea in response to the regime’s nu- dustrial commodities that are used to dium, and intermediate ballistic mis- clear test last month and its dangerous fund its weapons program. siles in flight. nuclear missile launch last weekend. It The bill requires a strategy to pro- Again, stability in the Asia-Pacific is a clear, direct response that sends an mote improved implementation and en- area with key allies, largest and fastest unmistakable signal to North Korea forcement of multilateral sanctions, a growing economies, and provocative and the world that we intend to con- strategy to combat North Korea’s actors like North Korea and China, is tinue to be actively engaged. cyber activities, and a strategy to pro- critical to our national security. We Frankly, the floor debate this week mote and encourage international en- must continue our commitment to an at some moments has not always re- gagement on North Korean human all-of-government Asia-Pacific rebal- flected that same bipartisan spirit and rights-related issues, including forced ance with military, economic, and dip- the same spirit in which the House labor and repatriation. lomatic attention and resource prior- overwhelmingly passed a similar bill While passing this legislation is a ities to this part of the world. last month. Somehow the debate has at critical part of the U.S. response, we Since my election to the Senate, I times shifted from questions of how also must work with our allies, as I have made it a priority to visit this re- best to punish North Korea for its ille- mentioned before, to stand as a united gion every year. Most recently, this gal actions and how we can pull to- international community. past summer, I visited Japan and gether in that effort to questions about Today, our allies Japan and South Guam. I traveled to South Korea in President Obama’s broader policy goals Korea took additional measures 2013, and I know that our allies are and motives. Suggestions that the against Pyongyang. Japan declared counting on us to keep our focus on the President somehow enabled North that all North Korean ships, including Asia-Pacific and work with them to Korea to engage in this provocative be- those for humanitarian purposes, maintain stability and prosperity in havior by pursuing a separate nuclear would be banned from coming to Japa- this part of the world. agreement with Iran only distract from nese ports. Third-country ships that I urge my colleagues to send a strong our shared goal that serves as the foun- visited North Korea would also be message to North Korea and our allies dation and bipartisan purpose of this banned from entering. South Korea an- by not only supporting the North Ko- legislation. nounced it would pull out of a joint in- rean Sanctions Enforcement Act, but I urge a more constructive course. dustrial complex that it ran with also by supporting the rebalance to the We should apply the same bipartisan North Korea at Kaesong. Asia-Pacific. spirit in which we developed the North I agree with Secretary Kerry that the I yield the floor. Korea Sanctions and Policy Enhance- U.N. Security Council must act swiftly Mr. President, I suggest the absence ment Act toward passage of the Iran to impose penalties for North Korea’s of a quorum. Policy Oversight Act, which was led by violations of U.N. resolutions. China The PRESIDING OFFICER. The Ranking Member CARDIN and which needs to join the international commu- clerk will call the roll. will ensure that Congress can exercise nity in supporting sanctions against The legislative clerk proceeded to effective oversight of the nuclear Pyongyang and should use its leverage call the roll. agreement with Iran. as North Korea’s largest trading part- Mr. COONS. Mr. President, I ask Just as members of the Foreign Rela- ner to expand U.S. sanctions. unanimous consent that the order for tions Committee worked together to This is an opportunity for the U.S. the quorum call be rescinded. develop a sanctions bill on North and China to work together toward a The PRESIDING OFFICER. Without Korea, Republicans and Democrats in common goal—a denuclearized Korean objection, it is so ordered. this body should come together to en- peninsula. Mr. COONS. Mr. President, many of force the terms of the nuclear deal While our country is engaged in the my colleagues, both Republicans and with Iran and to push back on Iran’s campaign to destroy ISIL, North Ko- Democrats, have taken to the floor support for terrorism in the Middle rea’s serious provocations demonstrate today in support of the North Korea East, its ongoing human rights viola- that we cannot take our attention Sanctions and Policy Enhancement tions, and its illegal ballistic missile away from the Asia-Pacific region. The Act. It is a bill that I, too, am pleased tests. The Iran Policy Oversight Act of- United States has longstanding stra- to support. fers us an incredible way to accomplish tegic interests and commitments to This bill was developed in the Senate all of these goals. the security of the Asia-Pacific area. It Foreign Relations Committee through When it comes to the recent nuclear is a priority to maintain stability in the same spirit of collaboration and agreement with Iran, also known as

VerDate Sep 11 2014 01:25 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G10FE6.016 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S774 CONGRESSIONAL RECORD — SENATE February 10, 2016 the Joint Comprehensive Plan of Ac- by the so-called Additional Protocol the region, especially our vital ally, tion or the JCPOA, too often we find and other additional measures, which Israel. ourselves distracted from the core guarantee the IAEA can seek access to I commend Senator CARDIN for his question as to whether that deal has suspicious undeclared locations. This leadership in drafting a bill strong made Iran less able to pursue develop- Additional Protocol, a key deterrent to enough to earn the cosponsorship of ment of a nuclear weapon. We are see- cheating, didn’t even exist in 1994. The both supporters and opponents of that ing the same tendency play out today nuclear deal with Iran contains defined nuclear deal. as some of my colleagues have pro- timelines for access to suspect poten- Even in a dysfunctional Congress, to- moted a false comparison between the tial nuclear sites and a dispute resolu- day’s debate and passage of the North JCPOA and the 1994 agreed framework, tion mechanism that will resolve dif- Korea Sanctions and Policy Enhance- which the United States negotiated ferences between Iran and the inter- ment Act shows that we can come to- with North Korea with the goal of stop- national community in favor of access- gether to make our country safer in ping North Korea from developing a ing inspection. The 1994 agreed frame- the face of a dangerous world. Congress nuclear weapon. These comparisons work didn’t include any of these pro- did the same last May when we came make a false implication that just be- tections. together to enact the Iran Nuclear cause the 1994 framework utterly failed Fifth, the JCPOA is an agreement be- Agreement Review Act, which gave to keep North Korea from pursuing an tween Iran and the international com- Congress a clear and focused oppor- illicit nuclear weapons program, the munity. While the United States main- tunity to review the terms of the JCPOA is destined to similarly fail tains its ability to snap back inter- JCPOA before it was finalized. We can with regard to Iran. I will take a mo- national sanctions to punish Iran, the and must do similar things again. ment to explain why this comparison is strength of the deal is not just from We should work together, Repub- inaccurate at best and dangerously U.S. support but from buy-in from our licans and Democrats, in the spirit of misleading at worst. P5+1 partners—the United Kingdom, the North Korea Sanctions and Policy First the 1994 framework with North France, Germany, Russia, and China— Enhancement Act and the Iran Nuclear Korea was just that—a brief framework and we have to continue to work to- Review Act to introduce, debate, and or outline, its text just three pages gether tirelessly on a bipartisan basis pass legislation to show Iran and our long. The nuclear agreement with Iran, to ensure that those partners remain allies that the United States is serious on the other hand, is nearly 160 pages— partners in enforcement of the deal. about continuing to hold them ac- thorough, detailed, and comprehensive, Sixth, the JCPOA puts incentives in countable for their bad behavior and to outlining the international commu- the right place, halting any sanctions continue to demonstrate our leadership nity’s expectations, specifying dead- relief for Iran until after the inter- in the Pacific region and our deter- lines of deliverables, and laying out in national community verified it had mination to contain North Korea’s clear terms the consequences for viola- complied with the core terms of the dangerous nuclear activities. tions of the deal. deal. The 1994 framework allowed Thank you, Mr. President. The second difference between the North Korea compensation and sanc- With that, I yield the floor. two is just as fundamental. The 1994 tions relief simply for signing up before The PRESIDING OFFICER. The Sen- agreed framework with North Korea the agreement was even implemented— ator from Georgia. did not seek to block North Korea’s clearly a fatal flaw. Mr. PERDUE. Mr. President, I rise plutonium pathway to a nuclear weap- Finally, and in some ways most im- today to speak on an amendment I sub- on. Not only does it eliminate its abil- portantly, although Iran and North mitted to the North Korea Sanctions ity to produce weapons-grade pluto- Korea are dangerous, radical regimes— Enforcement Act. This bill we are con- nium, but international inspectors revolutionary regimes—and they are sidering today will provide a more ro- have recently certified Iran actually both ostensibly led by Supreme Lead- bust set of tools to confront the nu- did so by filling the core of the Arak ers, they exist in different regions, clear threat from Pyongyang by ex- heavy water reactor with concrete. have different goals, and exist in dif- panding and tightening enforcement on The importance of including this pro- ferent contexts. I do think that Iran, North Korea. vision in the JCPOA was made even rightly or wrongly, seeks and needs in- This bill goes beyond sanctions and clearer yesterday when James Clapper, tegration with the world economy, and calls for a more forceful response to the U.S. Director of National Intel- North Korea continues to be a rogue North Korea’s cyber attacks and ligence, confirmed that North Korea regime isolated from the rest of the human rights abuses. We now have an has restarted its plutonium production world. opportunity to highlight North Korea’s reactor and may begin recovering spent The seven differences this Senator cooperation with Iran on nuclear weap- plutonium fuel in a matter of weeks. If has just briefly outlined show the fun- ons and ballistic missile development. Iran even attempted to do the same, damental differences between the 1994 North Korea’s nuclear cooperation the international community would agreed framework with North Korea, with Iran is widely suspected, and yet now know and would be able to take which failed, and the JCPOA with Iran, the Obama administration has been re- action long before it could achieve its which I hope and pray will still prove luctant to disclose what it knows to objective. to be successful. We must focus on en- Congress. The third key difference is this. The forcing rigorously the terms of the Last month, North Korea conducted JCPOA allows the IAEA, the Inter- JCPOA and pushing back on Iran’s bad its fourth nuclear weapons test. Ira- national Atomic Energy Agency, full behavior in a bipartisan fashion and in nian officials reportedly traveled to access to monitor Iran’s entire nuclear the same spirit in which my colleagues North Korea to witness its three pre- fuel cycle, from uranium mines to in the Foreign Relations Committee vious nuclear tests in 2006, 2009, and mills, to centrifuge production work- developed this vital and important 2013. Given this trend, it would not be shops, to enrichment facilities. Never North Korea bill. surprising at all if Iranians were actu- before—including back in 1994 with One way we could do so is to pass the ally present in North Korea’s test just North Korea—has a nuclear agreement Iran Policy Oversight Act, a bill led last month. Just before North Korea’s given international inspectors such and developed by Senator CARDIN and 2013 test, a senior American official comprehensive access to monitor and the members of the Foreign Relations was quoted as saying ‘‘it’s very pos- inspect compliance. In fact, when I re- Committee who were both supporters sible that the North Koreans are test- cently visited the IAEA headquarters and opponents of the JCPOA. The Iran ing for two countries.’’ in Vienna, Austria, the head of the Policy Oversight Act would clarify am- Yesterday, the Director of National agency said the access they have got- biguous provisions in the JCPOA, es- Intelligence, Jim Clapper, provided ten to Iran’s entire range of nuclear ac- tablish in statute our commitment to written testimony to Congress, which tivities goes well beyond the access it enforcing the deal, engage in com- stated that Pyongyang’s ‘‘export of had in North Korea in the 1990s. prehensive efforts to counter Iranian ballistic missiles and associated mate- The fourth difference is just as cru- activities in the Middle East, and pro- rials to several countries, including cial. The JCPOA requires Iran to abide vide increased support to our allies in Iran and Syria, and its assistance to

VerDate Sep 11 2014 01:25 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G10FE6.017 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE February 10, 2016 CONGRESSIONAL RECORD — SENATE S775 Syria’s construction of a nuclear reac- 1950s, when they pursued nuclear en- logical features of an ICBM. The head tor . . . illustrate its willingness to ergy cooperation with the Soviet of the U.S. Northern Command, ADM proliferate dangerous technologies.’’ Union. William Gortney, has stated our gov- We have known that Iran and North In ensuing years, North Korea ac- ernment assesses that North Korea Korea have been cooperating on bal- quired a full nuclear fuel cycle, includ- could miniaturize a nuclear weapon listic missile technology, and it has ing plutonium, reprocessing, and ura- and place it on the KN–08, which would been suspected for over a decade that nium enrichment capabilities. So this reach the U.S. homeland. Pretty amaz- they are also working together on nu- goes back to the 1950s, but in 2003 ing, really, to think about the progress clear weapons development as well as North Korea announced its withdrawal that has occurred without any real ac- ballistic technology. In the wake of the from the Nuclear Non-Proliferation tions taking place. nuclear agreement with Iran, Iran is Treaty and conducted four nuclear Again, this has gone through mul- starting to see a flow of funds from weapons tests in 2006, 2009, 2013, and tiple administrations. North Korea sanctions relief of potentially over $100 2016. stands as one of the most foremost billion. As Iran gets this flow of cash, Experts believe the first two nuclear proliferators of WMD-related materials this Senator is concerned that we will tests were plutonium based, and ana- and ballistic missile technologies. see this illicit cooperation increase and lysts assess the third nuclear test may North Korea has engaged in WMD-re- that Iran will use some of these funds have used highly enriched uranium. So lated and missile cooperation with sev- to pay North Korea for further testing they are on a two-track route. On Jan- eral states, including Iran, Pakistan, and technology. uary 6, 2016, North Korea announced and Libya. This amendment No. 3294 would re- that it successfully tested its first hy- North Korea also assisted Syria in quire a semiannual report to Congress; drogen bomb. We don’t have verifica- the construction of a plutonium-based that is all. This report would cover tion of that. We don’t have intelligence nuclear reactor at al-Kibar, until Israel North Korea’s cooperation with Iran on back that would verify that was the destroyed that facility in 2007. In addi- nuclear weapon and ballistic missile type of test that took place. tion, it has been reported that North testing, development, and research. We Today North Korea possesses nuclear Korea assisted both Iran and Pakistan have been asking for this information weapons, a longstanding plutonium nu- with nuclear weapons design activities. and have not received it in a timely clear program at Yougbyon, and a ura- Again, I think it is very timely that we fashion. nium enrichment capability which it are taking this up—actually beyond The administration would also be re- revealed in 2010 after years of denials. time—with the most recent activities quired to disclose to Congress the iden- Open-source estimates of North Korea’s that have taken place. This is timely. tity of individuals who have knowingly nuclear arsenal vary from 10 devices to Obviously, the policy—again, through multiple administrations, engaged in or directed material support nearly 100 weapons, but most experts multiple Congresses—has really been for or exchanged information between believe North Korea’s nuclear arsenal left untouched in a significant way. I the governments of Iran and North is somewhere in the range of 10 to 20 truly do believe the legislation that Korea for their nuclear programs in devices that are made of both pluto- hopefully will pass this body today this semiannual report. In order for us nium and highly enriched uranium. with overwhelming support will be the to tackle this problem head-on and to North Korea’s weapons of mass de- beginning of a process. We just have take steps to halt this illicit coopera- struction extend beyond its nuclear ca- seen, by the way, with it being known tion, we need a full report from the ad- pabilities to include biological and that the U.S. House and Senate were ministration. It is as simple as that. chemical weapons programs. It also maintains an extensive long-range bal- probably going to pass a very strong That is all this amendment does. piece of legislation—we are now seeing I am glad to see this body moving so listic missile program which poses a di- other countries in the region stepping swiftly to enact punitive sanctions on rect threat to allies, U.S. forces in the up. Asia-Pacific, and the United States. North Korea for its recent actions, and Again, it speaks to the power of us The Presiding Officer lives in a part this amendment will help further speaking in one voice and again push- of the world that is most directly cer- strengthen efforts to punish rogue re- ing, as we did on Iran years ago, push- tainly at threat. North Korea’s nuclear gimes. ing the international community to program dates back to the 1970s. In I would also like to applaud the ef- join in with us. Again, as I said earlier, 1984, North Korea conducted its first forts of my colleagues on the Foreign I am still disappointed that the U.N. ballistic missile test of a Scud-B bal- Relations Committee—Senator GARD- Security Council cannot function—can- listic missile. North Korea’s ballistic NER, Chairman CORKER, and Senator not function—in a way to speak more MENENDEZ—for their work on getting missile arsenal includes shorter range collectively in that way, but I am glad this bill through committee and to the Scud missiles that can travel nearly to see that countries in the region, as floor. Their leadership on this issue has 300 miles, No Dong missiles that can a result of certainly the stances being been tremendous, and I look forward to travel upward of 800 miles, and several taken here and as a result of their own working with them on the floor to see longer range missiles that can travel concerns about what is happening with its passage. from 4,000 upward to 6,000 miles. North Korea—I am glad to see it looks In April 2012, North Korea displayed Thank you, and I yield back. as though we are beginning to push to- at a military parade a new long-range I suggest the absence of a quorum. ward more international efforts missile variant known as KN–08. The The PRESIDING OFFICER. The against North Korea. clerk will call the roll. missile was displayed on a Chinese- With that, I suggest the absence of a The legislative clerk proceeded to made transporter erector launcher. In quorum. call the roll. the fall of 2015, North Korea again dis- The PRESIDING OFFICER. The Mr. CORKER. Mr. President, I ask played, at a military parade, the same clerk will call the roll. unanimous consent that the order for missile on a Chinese TEL. In December The legislative clerk proceeded to the quorum call be rescinded. 2012, North Korea successfully call the roll. The PRESIDING OFFICER. Without launched the Unha-3 launch vehicle, Mr. GARDNER. Mr. President, I ask objection, it is so ordered. placed a satellite into orbit, rep- unanimous consent that the order for Mr. CORKER. Mr. President, while resenting a significant advancement in the quorum call be rescinded. we are waiting on Senator PETERS to North Korea’s missile technology capa- The PRESIDING OFFICER. Without be here, I wanted to go through some of bilities. objection, it is so ordered. the history relative to the North Ko- On February 7, 2016, North Korea an- Mr. GARDNER. Mr. President, one of rean program. I think sometimes there nounced it had successfully launched the things that I think we have to con- has been so much focus on other coun- another satellite into orbit using the tinue to reiterate during today’s de- tries’ programs—I know Senator GARD- Unha-3 launch vehicle. Although the bate is that this debate is not about NER alluded to some aspects of it in his KN–08 missile has not been tested, it is the people of North Korea. It is about comments—but North Korea’s nuclear believed that the space launch vehicle the dictator of the regime, the forgot- program actually dates back to the technology has some similar techno- ten maniac, Kim Jung Un, and his

VerDate Sep 11 2014 01:25 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G10FE6.018 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S776 CONGRESSIONAL RECORD — SENATE February 10, 2016 reign of terror in North Korea, not only These defiant acts fly in the face of pass additional sanctions in the years with the 200,000 people who are subject existing international sanctions and since. I firmly believe crippling sanc- to imprisonment in political camps— must be met with a strong and unified tions are what brought Iran to the ne- 200,000 men, women, and children who response from the world community. It gotiating table and the threat of addi- have been tortured and maimed—but it is a step in the right direction that the tional sanctions enhanced our bar- is about his leadership that seems to go U.N. Security Council has strongly gaining position during the pains- along with him, a leadership that condemned North Korea’s actions and taking negotiations that led to the would aid and abet in the torture and vowed to adopt significant new puni- JCPOA. Our work to unite world pow- maiming of innocent people. tive measures against the regime. ers behind this effort led to an agree- I think perhaps this chart, this pic- However, the dangerous path North ment that curbs Iran’s nuclear pro- ture, this satellite image of the Korean Korea continues down poses a direct gram in the short term, but in the Peninsula, best illustrates what the threat to the United States and our al- longer term we need to stand ready to people of North Korea are subjected to lies, particularly South Korea and act swiftly and decisively against any each and every day. You can see North Japan. We must go further and take ac- Iranian violations of the JCPOA, large Korea right here, a big vast, empty tion to punish the North Korean re- or small. space at night, very little light, maybe gime and those who aid and abet in its The JCPOA is not the end of our mul- Pyongyang, the brightest light point provocative actions. tilateral efforts against Iran and its il- compared to Seoul, compared to South The legislation before us today would licit behavior, just as the legislation Korea, compared to their neighbors in significantly enhance our ability to before us today is not the end of our the south, their family members in the curb the North Korean nuclear pro- multilateral efforts against the North south because they have been deprived gram. The bill requires the President Korean regime and its repeated af- of an economy, because they have been to sanction anyone who knowingly sup- fronts to international security. We deprived of an opportunity, and be- ports the North Korean regime, wheth- will continue to punish regimes that cause the people of North Korea have er by furnishing materials for North support terrorism, violate human been deprived of the freedoms their Korean weapons programs or by selling rights, and illegally seek nuclear weap- South Korean neighbors have enjoyed. luxury goods to corrupt government of- ons. Surely our response to the North Standing on the DMZ—and I know ficials while so many North Koreans Korean provocations will be watched the Presiding Officer has been there as live in poverty. closely by the Iranian regime, which is well—standing on the DMZ, you can The bill also provides exemptions for why we must respond swiftly and why see the differences between the devel- humanitarian organizations that work we must respond strongly. opment of North Korea and South Ko- to relieve the suffering of millions of The sanctions bill before us today is rean. In just a few moments—I notice North Koreans. We must continue to not a Democratic issue, it is not a Re- my colleague from Michigan is here let the people under the rule of this publican issue. The goal of preventing and is scheduled to speak. In just a few brutal regime know that we stand with nuclear proliferation has been a unit- minutes I will go into this chart a lit- them in their democratic aspirations, ing principle of the American foreign tle bit more about how this bill not even as their government continues to policy for decades, and it must con- only creates mandatory sanctions but threaten the international community. tinue to be so. We must come together also will give us tolls to help the people I commend the efforts of the Foreign today to pass this bill quickly and of North Korea. Relations Committee and particularly With that, I will yield the floor to my without opposition to demonstrate in Senators Menendez and Gardner for no uncertain terms our unity of pur- colleague Senator PETERS from Michi- their work on this important legisla- gan, whom I have had great opportuni- pose in preventing the spread of nu- tion. ties to work with before on legislation clear weapons. The United States has long led the I yield the floor. from telecommunications to cars that world in working to curb the threat of The PRESIDING OFFICER. The as- communicate with each other. I am nuclear proliferation. We lead through sistant majority leader. grateful he is here to speak on this bill sustained commitments to securing Mr. CORNYN. Mr. President, I thank as well. fissile material, such as spearheading The PRESIDING OFFICER (Mr. the Senator from Colorado, Mr. GARD- the effort to secure loose nukes after NER, for his leadership on this issue— ROUNDS). The Senator from Michigan. Mr. PETERS. Mr. President, I rise in the fall of the Soviet Union. We lead together with the chairman of the For- support of legislation currently before through precedence set in the bilateral eign Affairs Committee, Senator the Senate to crack down on the North 123 agreements, agreeing to share civil- CORKER—for bringing us to this mo- Korean regime’s repeated nuclear ian nuclear technology so partner ment. This is a rare bipartisan mo- provocations. I would certainly like to countries can diversify their energy ment, where the Senate has come to- thank my colleague Senator GARDNER mix while explicitly preventing them gether and agreed to debate, vote, and for his leadership on this issue as well. from enriching uranium on their own pass an important bill that imposes Four days ago, on February 6, the soil. sanctions on one of the most dangerous world watched North Korea launch a In the years to come, our leadership regimes in the world. rocket into space, in what was clearly is necessary to raise this global stand- Recently, I was in Hawaii at the Pa- an effort to test its advanced ballistic ard even higher for every country re- cific Command and we asked Admiral missile technology. The North Korean garding the enrichment of uranium. We Harris, a four-star U.S. Navy admiral satellite is now tumbling in orbit and do not aim to deny peaceful nuclear en- who heads Pacific Command, to rank incapable of functioning in any useful ergy to nations that seek it, but we the areas of the world that he was most way. Last month, the regime an- must make clear that there is no uni- concerned about, the regimes that he nounced it had successfully detonated versal right to enrichment. The United thought represented the biggest danger a nuclear device as part of its rogue nu- States has moral authority on this to peace. He listed North Korea as clear program, the fourth test we have issue because we have led by example, No. 1. detected in North Korea since 2006. committing to reductions in our own That may be because of the prox- This combination of incompetence, nuclear arsenal in the interest of a imity of his area of responsibility to aggression, and defiance of the inter- safer world. We must continue to work North Korea, but there is no question national community is dangerous and with unity of purpose and act to stem an unstable leader with nuclear weap- simply cannot stand. the spread of nuclear materials to ons and intercontinental ballistic mis- Just yesterday, the Director of Na- rogue states and terrorist organiza- siles is a threat not only to the region tional Intelligence, James Clapper, tes- tions. but to the United States as well. tified it is likely North Korea has re- Nowhere is American leadership We know over the weekend North started the plutonium reactor that has more necessary than in the case of the Korea successfully launched a long- been shuttered since 2007 and could Iranian nuclear program. I was proud range rocket and put a satellite into begin to recover fissile material within to cosponsor the initial effort to pass orbit. This was done in defiance of weeks. sanctions against Iran in 2009 and help sanctions and represents a dangerous

VerDate Sep 11 2014 03:33 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G10FE6.021 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE February 10, 2016 CONGRESSIONAL RECORD — SENATE S777 trend of an increasingly hostile and un- Unfortunately, this is not an isolated any consequences. So the President’s stable North Korea. It was particularly incident. Through his words and deeds, inaction, time after time, place after alarming for several reasons. the President continues to discredit place, has real consequences. The vacu- First, the same technology that put and undercut American leadership um left as a result of the U.S. retreat that satellite in orbit can be used to around the world. As a result, the in the Middle East has provided an deliver a nuclear weapon. Long-range world is even more unstable and con- open door for other countries to expand ballistic missiles have the potential to flict-ridden than when he assumed of- their influence there, as we have seen hit the U.S. homeland. That is why fice. It is absolutely the fact that in and as we continue to see on a daily North Korea has been considered a seri- the absence of American leadership, ty- basis. ous threat to our country, not just the rants, thugs, and bullies feel Russia is the prime example. It con- region but our country as well. The emboldened, and our friends and allies tinues to extend its influence through timing of this launch was also very question our loyalty and whether they indiscriminate bombing campaigns concerning because just last month can rely on us or whether they have to that yield little regard for civilian North Korea claimed it had tested the go it alone and build the capacity to lives. The Russian bombing campaign components of a hydrogen bomb, a defend themselves in the absence of a doesn’t distinguish between combat- thermonuclear weapon that is more strong America. ants and civilians. Russian forces are powerful than an atomic bomb—which Many recall that when he ran for of- even actively fighting against Amer- we knew they had, but this represented fice, the President heavily criticized ican-backed groups and working to unan escalation, if it is true. the foreign policy choices of his prede- dermine them at every turn. The idea that North Korea could soon cessor, particularly the surge in Iraq. I Of course this doesn’t even touch on develop advanced nuclear weapons, happened to be in the Senate during Russia’s aggressive actions along its along with intercontinental ballistic that time. I remember those debates. own border with respect to Ukraine in missiles, and deliver them to our The Democratic leader, Senator REID, NATO’s backyard. Unfortunately, Rus- shores is a frightening proposition. Un- said the surge would never work, and sia has no reason to believe that the fortunately, every day we grow closer many were skeptical because frankly it United States, under the current lead- to that reality. represented a bold dramatic move. ership of the Commander in Chief, will I will just pause for a minute to say Well, not only did President Obama’s challenge it anywhere—not in the Mid- this is another reason why our missile decision to hastily withdraw in Iraq dle East, not in Europe. defense systems are so important, not after the successful surge—not only did I could go on and on about other just to the safety of our friends and al- his decision to hastily withdraw from countries that are feeling emboldened, lies but also increasingly to the United Iraq squander the hard-won progress like a belligerent China in the South States. I know in Colorado a lot of achieved by the surge, that country is China Sea, or, as I mentioned a mo- those efforts are headed up to provide now one of a number of countries in ment ago, a newly financed and that effective deterrent and missile de- the Middle East in shambles. We are emboldened Iran, the No. 1 state spon- fense system to the threat of the inter- seeing our friends and our allies—to- sor of international terrorism. When continental ballistic missiles. gether with American advisers on the the administration basically wrote a I have to be honest with you and say I am puzzled why the President hasn’t ground, special operations forces in a check for $50 billion to Iran, that Sec- done more on this issue to date, but train-and-assist mission—trying to re- retary Kerry, Vice President BIDEN, while the President sits on the side- gain control of cities such as Ramadi and others acknowledged could be used lines—I think somebody called it stra- that were won as a result of the blood to finance international terrorism, it tegic patience—it has been a failure, and the treasure of the United States. seemed to have no impact whatsoever Let’s look at a few things where they not just patience. Patience I think of because they were so determined to cut stand today. Over the past 2 years, ISIS as a virtue but certainly not in this this bad deal with Iran. has captured city after city where The point is that our retreat and our context. Nevertheless, the Senate will do its American troops shed that blood, lack of leadership around the world part to make sure the regime in North sweat, and tears to bring relative only underscore the President’s lack of Korea feels some consequences for its peace. The border that used to exist be- a larger foreign policy strategy. We belligerent, illegal actions. Today we tween Syria and Iraq is gone. It has lit- have asked him time and again: Please will vote on the North Korea Sanctions erally been erased. In spite of President tell us what your strategy is. The and Policy Enhancement Act. This bill Obama’s misguided nuclear deal with President sends over a proposed au- mandates new sanctions on North Ko- Iran, Iranian influence in Iraq has thorization for the use of military rea’s nuclear and ballistic missile pro- grown, not waned. I do find it inter- force against ISIS, and we find out the gram, and, importantly, it will provide esting that speaker after speaker—even real reason he did that is not because an overall strategy to help address though we are talking about North he thinks he lacks authority to do North Korea’s human rights abuses and Korea—is trying to come to the floor what he is doing now but because they combat its cyber activities. I don’t and speak about Iran after having al- want to tie the hands of future Presi- think most people realize that in addi- lowed the President’s ill-advised nu- dents in terms of what that President tion to its belligerence and its vio- clear deal to go through, which guaran- could do under that authorization for lating international norms, North tees a pathway for Iran to acquire nu- the use of military force. But we keep Korea is a serial human rights abuser. clear weapons. asking, and all we hear is crickets—si- Literally, because of its focus on its fi- As a result of the administration’s lence. We keep asking for a serious, nances on military arms and its stand- paralysis, Syria, too, has plunged deep- comprehensive strategy to guide the ing army, North Korea has seen many, er and deeper into chaos. Now we not foreign policy and national security ef- many, many of its people starve to only have a security problem on our forts of the United States, and the death for lack of an adequate food sup- hands, we have millions of Syrian and President simply doesn’t feel like it is ply. So this is a rogue regime, it is a Iraqi refugees internally displaced or his obligation to deliver one, opting in- dangerous regime, and one we need to flooding across international borders stead for tactics that are guaranteed make sure feels the consequences of its into places such as Turkey, Jordan, not to win, saying: Well, we bombed actions. Lebanon, and Europe. I have visited ISIS. This bill will help hold North Korea some of those refugee camps in Turkey Well, that is all well and fine. But at accountable, which is more than we and Jordan. These people are doing some point, once you bomb ISIS, unless have seen from the administration. I what we all would do. They are fleeing you have somebody who can occupy want to point out that North Korea’s for their survival because frankly, once that territory, the terrorists are going provocative actions are just another the President drew that red line in to come right back in. We have friends symptom of the Obama doctrine gone Syria, when it came to the use of ille- and allies, such as the Kurds and other wrong. I mentioned strategic patience, gal weapons, the President never did countries in the Middle East that have which is hardly a strategy for keeping anything to enforce it or make sure said: Well, we will help be the boots on the world safe. that Bashar al-Assad felt or suffered the ground if you will help supply us,

VerDate Sep 11 2014 01:25 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G10FE6.023 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S778 CONGRESSIONAL RECORD — SENATE February 10, 2016 to which they are not provided any sort successful experiments and programs nity. This is not a partisan issue. I am of answer. in places like North Carolina, which we glad to see that the work by the Judi- I believe the American people do de- heard from before, San Antonio, Vir- ciary Committee is productive in try- serve better, and the men and women ginia, and elsewhere. I am sure there ing to lead to those conclusions. in uniform who have put their lives on are a number of good stories. I do want to, though, comment a lit- the line deserve better. They deserve a This is the way I think Congress tle bit on what was said in regards to strategy. They deserve the support to ought to legislate, rather than to the Obama administration. We are here be able to accomplish the mission their dream up here behind closed doors together with a bill on North Korea country has asked them to accomplish. some grand scheme—the masters of the that is not partisan at all. Democrats So I am glad that in the absence of universe trying to decide what is good and Republicans are working together. leadership from the White House, the for all 320 million of us in a one-size- There is no division between Congress Congress has decided to take up some fits-all approach. We have seen the dis- and the White House. We all believe we of the slack here to fill the gap left by astrous consequences of that sort of have to isolate North Korea and its the President’s inattention to this im- thinking. Rather than that, let’s look conduct. The administration has been portant issue. If the President won’t at what has actually proven to work in very strong in actions in the United step up to the plate and take these our cities, counties, and our States, Nations, keeping us closely informed, threats seriously enough to come up and then scale that up, where appro- and we very much want to work with a with a strategy to actually defeat priate, to apply more broadly after we strong, united voice. That is how we them, the American people can trust have proven that it actually works. keep our country the strongest, and the Senate to address it, and we will do That is what my legislation, the Men- that is what we should do on national so today on a bipartisan basis, insofar tal Health and Safe Communities Act, security. So let me just try to fill in as it applies to the threat in North is designed to do. the record a little bit from the previous Korea. As we will look—I believe tomor- comments made about the Obama ad- So it is my hope that we will send a row—in the Judiciary Committee at ministration. strong bipartisan message to North the opioid and heroin crisis that is Let us remember that the Obama ad- Korea that their repeated provocations being experienced in so many parts of ministration took over after, I would will not go unanswered. our country and as we look, as we have, say, a failed policy in the Middle East MENTAL HEALTH AND OUR CRIMINAL JUSTICE at reforming our prison systems to pro- in which we went into Afghanistan—as SYSTEM vide more incentives for people who are we should have because of the attack Mr. President, I just came from a low-risk and mid-level offenders, if on our country. But before completing Senate Judiciary Committee hearing, they will accept the opportunity to Afghanistan, the previous administra- which was one of the most unusual help themselves to deal with their un- tion went into Iraq, using our military hearings I have attended since the time derlying drug or alcohol problem, to first rather than looking for a solution I have been in the Senate—certainly on learn a skill, to get a GED, to better that would provide the type of stability the Judiciary Committee. Usually on prepare for life on the outside based on in that region to prevent the spread of the Judiciary Committee the habit is the experiences in Texas and elsewhere, radicalization. Instead, governments for the majority to select witnesses we can actually lower crime rates, were formed that didn’t represent all of and then the minority gets to select lower recidivism rates, and save tax- the communities, and we saw splinter witnesses, and then witnesses come out payers a lot of money. groups formed and the recruitment for and are proxy fighters for the par- So whether it is dealing with the extreme elements. ticular policy differences that members mental health issue and its intersec- President Obama was able to develop of the committee have—not today. tion with the criminal justice system international coalitions to work to- Today, thanks to Chairman GRASSLEY, or dealing with our prison system, gether. I think America is always best the senior Senator from Iowa, the Judi- which used to believe that rehabilita- when we lead and we can be joined by ciary Committee had a consensus panel tion was an important part of what the international community. The on the subject of mental health and its their obligation was, or dealing with President also understood that it intersection with our criminal justice this opioid and heroin abuse, we have a shouldn’t be up to America’s military system. lot to do to make sure that our crimi- to solve all of the problems, that there What we heard was that, increas- nal justice system is brought into the is not a military solution to the spread ingly, our jails and our prisons, our 21st century and that we no longer pun- of radicalization, that internal support criminal justice system, and the home- ish people who mainly need help. in the countries must come from the less that we see on our streets are a As somebody who is a recovering countries themselves, that we do not product of a failed policy—one that member of the Texas judiciary for 13 want to be seen as a conquering power, said: Yes, we need to move people out years, I certainly believe there are and that it is for the region to defend of institutions and out of hospitals. some people whom you can’t help and itself. Yes, we will help, but we are not But, of course, there is the promise—or whom you must punish. But there is a going to put our ground troops in a sit- at least it was the hope—that they large segment of people—whether it is uation where they are used as a re- would have somewhere else to go to get drug or alcohol related, or whether it is cruitment for radical forces. We also treatment and housing and the like. mental health issues—who will accept understand that America leads best Today what we heard reaffirmed from our help and will turn their lives when we can get our ideals of good gov- the sheriff of Bexar County, TX—San around if given that opportunity. ernance with governments that rep- Antonio, my hometown—and from so I just wanted to say a few words resent all the communities so there is many of the other witnesses from about that because I feel so strongly no void. President Obama and his ad- across the country is that now our about the importance of what we ministration have been very strong in jails, our prisons, and the criminal jus- talked about at that hearing. those areas. tice systems have become de facto The PRESIDING OFFICER. The Sen- With regard to dealing with ISIL, the warehouses for the mentally ill, com- ator from Maryland. radical forces that exist today, a policy pletely ill-suited to deal with what Mr. CARDIN. Mr. President, I thank is well understood: Cut off their sup- they need, which is treatment, super- my friend from Texas for the work he port. Cut off their support in regards to vision, and help—and the families, too, is doing on the Judiciary Committee. I recruitment by having representative who need additional tools available for hope we can continue in that bipar- governments. Cut off their support by them to turn to when they need help tisan spirit to deal with addiction and, dealing with their oil supplies and with a loved one who has become men- I hope, improvements in our criminal their looting and extortion. Cut off tally ill. justice system, providing resources to their support by taking back territory So I have introduced legislation that people who have addiction needs. I in a way that we can control that terri- we talked about during the hearing know there is a strong bipartisan effort tory. That is what we have seen hap- today called the Mental Health and to deal with community mental health pening, certainly in the last several Safe Communities Act, modeled off of so we can get services in our commu- months, as territory that was formally

VerDate Sep 11 2014 01:25 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G10FE6.026 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE February 10, 2016 CONGRESSIONAL RECORD — SENATE S779 held by ISIL is now being held by the nication barriers, the firewalls—to try which we can come together in a Government of Iraq, particularly, but to get around the North Korean regime strong bipartisan voice because when also Syria. that doesn’t want the people of North the Nation speaks with one voice, it So I just wanted to correct on this Korea to understand they can live bet- speaks most powerfully to both friends day when we are bringing up the North ter lives. and foes across the world. It has been a Korea bill, that every President since Section 302 directs the Secretary of privilege to work with Senator GARD- the Korean War has had challenges in State to develop a comprehensive NER and to see his vision of how we dealing with the problems in North strategy to promote human rights in deal with this and merge my vision of Korea and that we are together on this North Korea and combat its forced how we deal with it, and together I issue as a Congress and as a Nation to labor practices, including a diplomatic think we have come up with the most isolate North Korea. It is not just their outreach plan and a public diplomacy comprehensive strategic effort to deal nuclear weapon program. As I pointed awareness campaign, what we can do with North Korea. I want to salute out earlier, it is their cyber attacks, together to try to bring awareness to him, and I thank him for working with their human rights violations, and all North Koreans. Let them know that if me. those issues to which we are speaking they have family members in South Given the North Korean regime’s re- with a very strong voice today. I hope Korea—what kind of opportunities peo- cent test of what most agree is a bal- that as Democrats and Republicans, ple in South Korea are sharing. listic missile—what U.N. Secretary the House and Senate, the President It wasn’t that long ago—a few dec- General Ban Ki-moon characterized as and Congress speak with a strong, uni- ades ago—that North Korea had a more ‘‘deeply deplorable’’ and in violation of fied voice, America’s national security vibrant economy than South Korea, Security Council resolutions—one interests will be better served. but that is certainly not the case thing is abundantly clear when you I yield the floor. today. If you stand on this line, if you look at this photograph: It is time to The PRESIDING OFFICER. The Sen- stand on the DMZ and you look north take North Korea seriously. ator from Colorado. into North Korea, you see the hillsides Mr. GARDNER. Mr. President, that have been completely deforested For too many years, the standard re- throughout this debate we continue to and all of the vegetation removed be- sponse of Republican and Democratic remind the people around America that cause people lacked food in North administrations alike whenever North this North Korea Sanctions and Policy Korea, so they cut down the trees and Korea stages a provocation has been to Enhancement Act is not intended to created wood soup so they would have dismiss the seriousness of the threat. bow to the people of North Korea. something to fill their stomachs be- We tend to see it as a strange regime Rather, our efforts are to try to help cause the North Korean regime of Kim seemingly disconnected from geo- ensure that we are doing everything we Jong Un failed do so. You look at the political reality, something of a par- can to help stand up for the people of south, and you can see the hills, vege- allel universe that doesn’t function in North Korea, to give them the kinds of tation, development, prosperity. We the same way as the rest of the inter- economic opportunities and freedoms can help bring peace to the peninsula national community, a strange regime from which they have been deprived by with the passage of this act today. run by crazy leaders and certain to col- this regime under Kim Jong Un. I know my colleague from New Jer- lapse any day, that there is no need to Today’s sanctions act and the man- sey, Senator MENENDEZ, is coming to worry, it will not and it can’t survive. datory sanctions that will be levied the floor today. He has been a great Well, four nuclear tests, three Kims, here today by this act, if adopted and leader when it comes to North Korea, a two violations of U.N. Security Council signed by the President—which I be- great leader when it comes to the issue resolutions, and one attempt by North lieve it will be with the overwhelming of human rights, and he has worked Korea to transfer nuclear technology bipartisan support that it has—are with me on this legislation. I worked to Syria later, it is clearly time for the about the Kim Jong Un regime itself. with him to make sure we created a bi- United States to start taking the This is about a forgotten maniac in partisan solution to this great chal- North Korea challenge seriously. North Korea who has deprived his peo- lenge that is North Korea today. I com- In fact, today it is estimated that ple of economic opportunity, who has mend Senator MENENDEZ for the work North Korea has accumulated enough imprisoned 200,000 men, women, and and the opportunity to present the bi- fissile material for more than a dozen children, who has tortured his people, partisan solution before the Senate nuclear weapons. It has now conducted and who has assassinated members of today. four nuclear explosive tests, as you can his own inner circle and leadership. I yield back and will listen to the see from this chart, starting in October Today in the morning papers, an arti- words of Senator MENENDEZ. of 2006, and with it, the quake mag- cle outlined the death of his chief of The PRESIDING OFFICER. The Sen- nitude has risen with virtually every staff of the army—again, the continued ator from New Jersey. test. It has developed a modern gas purge of top-level officials under the Mr. MENENDEZ. Mr. President, let centrifuge uranium enrichment pro- Kim Jong Un regime. me first start off by thanking the lead- gram to go along with its plutonium You can see the situation the people ership of the Senate Foreign Relations stockpile. It has tested ballistic mis- of North Korea are facing each and Committee, Chairman CORKER and siles. It is seeking to develop the capa- every day. This is a satellite image of Ranking Member CARDIN, for creating bility to match a nuclear warhead to the Korean Peninsula at nighttime. the environment to have strong bipar- an intercontinental ballistic missile. You can see the developments in South tisan legislation on a critical issue Korea, and you can see Seoul, Korea. that affects the national interests and Kim Jong Un has consolidated his There are millions of people who live security of the United States and be- grip on power, and he seems deter- right across the DMZ. And you can see yond that, in general, creating a strong mined to proceed on a course of the conditions the people of North bipartisan environment that I think is ‘‘byungjin,’’ Kim Jong Un’s policy that Korea are suffering under—an economy critical to U.S. foreign policy. It is a strengthens both his military and his that has failed, an economy that has tone I tried to set when I had the privi- economy as opposed to strengthening failed to develop to give them the same lege of being the chairman and Senator one or the other. kinds of opportunities other people in CORKER was the ranking member, and I Taken together, these developments the Korean Peninsula are sharing. appreciate his leadership in continuing present a growing danger that could This bill also promotes human rights. in the same spirit, and, of course, Sen- set North Korea on a path to becoming I want to point out section 301. This ator CARDIN, who worked very hard on a small nuclear power. It is a scenario section requires the President to study maintaining that environment. I appre- which could lead other nations in the the feasibility of bringing unmonitored ciate that they created the where- region to reconsider their own commit- and inexpensive cellular and Internet withal to bring us here today. ments to nonproliferation, and it could communications to the people of North I also thank Senator GARDNER, the embolden North Korea in its relations Korea and trying to break through the East Asia Subcommittee chairman, for with other bad actors such as Syria and emptiness of North Korea—the commu- working with me to bring legislation in Iran.

VerDate Sep 11 2014 01:25 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G10FE6.028 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S780 CONGRESSIONAL RECORD — SENATE February 10, 2016 I know it has been referenced, but I including weapons of mass destruction and are tortured and abused, starved think it is worthy that when the Direc- proliferation activities or for use in on insufficient rations, and forced into tor of National Intelligence—the per- prison and labor camps. hard labor. Collective punishment is son in charge of amassing all of our in- Under our substitute, the President used to silence dissent and instill fear telligence as a country—James Clap- is mandated to sanction any person in the North Korean people that they per, in testimony before the Armed found to have materially contributed could be next. The country has no inde- Services Committee, says the fol- to, engaged in, or facilitated any of pendent media. It has no functioning lowing, it is worth repeating: those above activities. Penalties would civil society, and there is, of course, North Korea’s export of ballistic missiles include the seizure of assets, visa bans, not even a hint of religious freedom ex- and associated materials to several coun- and denial of government contracts. cept for the bizarre worship of the line tries, including Iran and Syria, and its as- To provide some flexibility, we have from which Kim Jong Un hails. That is sistance to Syria’s construction of a nuclear ensured that this and future adminis- the reality, making it abundantly clear reactor, destroyed in 2007, illustrates its trations retain the discretionary au- that, though security concerns may be willingness to proliferate dangerous tech- thority to sanction any entity or per- nologies. our most important priority on the Pe- son transferring or facilitating the ninsula, they are not and should not be Director Clapper went on to say that transfer of financial assets and prop- our only priority. following North Korea’s third nuclear erty of the North Korean regime. The legislation we are proposing cre- test, Pyongyang said it would ‘‘refur- The bill also requires the Secretary ates for the first time the basis in law bish and restart’’ its nuclear facilities, of the Treasury to determine whether to designate and sanction North Korea to include the uranium enrichment fa- North Korea is a primary money laun- for its human rights violations. Such cility at Yongbyon—shut down in dering concern, and if such a deter- sanctions would elevate human rights 2007—and that it has followed through mination is made, assets may be and the fundamental issue of human by expanding its Yongbyon enrichment blocked and special measures applied dignity to be as important as nuclear facility and restarting the plutonium against those involved. weapons and ballistic missiles. production reactor which has been on- From a strategic perspective, the bill At the end of the day, there is no line long enough to begin recovering would promote a strategy to improve basis for successfully dealing with the plutonium from spent fuels within implementation and enforcement of North, absent a solid foundation for a weeks or maybe months. multilateral sanctions, a strategy to policy that is rooted in the U.S.-South He told the committee: combat North Korean cyber activities, Korea alliance. In President Park we Pyongyang is also committed to devel- and a strategy to promote and encour- have an important partner. I have vis- oping a long-range, nuclear-armed missile age international engagement on North that is capable of posing a direct threat to ited South Korea and met with Presi- the United States; it has publicly displayed Korean human rights-related issues. dent Park. He is someone we can easily its KN08 road-mobile ICBM on multiple occa- There are reporting requirements re- consult with and work closely with to sions. We assess that North Korea has al- lating to these strategies as well as a chart out a future course in dealing ready taken initial steps toward fielding this report on political prison camps and a with North Korea. Our partnership system. feasibility study on providing commu- with Japan presents new opportunities Finally, according to the Director of nications equipment to the people of for building a more effective approach National Intelligence: North Korea so we can permeate the to dealing with Pyongyang. North Korea probably remains capable and opportunity for information to flow to Whatever one’s views on the various willing to launch disruptive or destructive the people of North Korea. U.S. policy efforts of the past 2 dec- cyberattacks to support its political objec- Last but not least, under the Gard- ades—what has worked, what has not tives. ner-Menendez substitute, the State De- worked, and why—there can be little Although it hasn’t received the at- partment is required to expand the question that these efforts have failed tention it deserved during today’s de- scope and frequency of travel warnings to end North Korea’s nuclear ambitions bate, the Gardner-Menendez substitute for North Korea. or end its missile programs. They have addresses the cyber security threat That is what we think about most of failed to reduce the threat posed by with robust sanctions against those the time when we think about North North Korea to our allies, failed to al- who control North Korea’s cyber war- Korea, but there is another dimension leviate the suffering of North Korea’s fare apparatus. The adoption of the beyond nuclear challenges, missile people, and failed to lead to greater se- Gardner-Menendez legislation creates a challenges, proliferation of weapons of curity in the region. new policy framework that combines mass destruction, and that is the con- Let me be clear. I have no illusions effective sanctions and effective mili- cern that there remain serious, unan- that there are easy answers when it tary countermeasures that can stop swered questions about human rights comes to dealing with a regime like North Korea’s nuclear ambitions, ad- and the lot of the North Korean people. North Korea. With the passage of this dress cyber security issues, and bring We need only read headlines like the legislation, we have acted in concert some sanity back to the political cal- ones on this chart: ‘‘Life in a North Ko- not only in a bipartisan effort but with culus—a new policy framework that rean Labor Camp: ‘No Thinking . . . our values, and we will have estab- leaves no doubt about our determina- Just Fear’ ’’; ‘‘Kim’s former bodyguard lished a policy for dealing with an un- tion to neutralize any threat North tells of beatings, starvation in North predictable, rogue regime equal to the Korea may present, with robust, real- Korean prison camp’’; ‘‘North Korean challenge. I urge this body to have a istic diplomacy toward the clear goal prison camp is one of the most evil unanimous vote. It is not enough to of a denuclearized Korean Peninsula. places on earth—home to 20,000.’’ condemn North Korea’s provocation, This bipartisan bill, approved unani- Under the rule of Kim Jong Un, which is, by all accounts, a violation of mously by the Senate Foreign Rela- North Korea is one of the most harshly U.N. Security Council resolutions and tions Committee in January, expands repressive countries in the world. All international will. It is not enough to and tightens enforcement of sanctions basic freedoms have been severely re- convene the United Nations Security from North Korea’s nuclear and bal- stricted under the Kim family’s polit- Council for another round of hollow listic missile development and other ical dynasty. A 2014 U.N. Commission rhetoric that does nothing to the Kim destructive activities of the Kim re- of Inquiry found that abuses in North regime but signal a lack of inter- gime. It requires the President to in- Korea were without parallel in any national commitment to enforcing vestigate sanctionable conduct, includ- other country. Extermination, murder, international will. It is not enough to ing proliferation of weapons of mass enslavement, torture, imprisonment, do what we have always done and mini- destruction, arms-related materials, rape, forced abortions, and unspeakable mize the obvious threat from a rogue luxury goods, human rights abuses, ac- sexual violence are part of the ongoing state living in its own false reality. tivities undermining cyber security, story of this bizarre regime. As the coauthor of the sanctions that and the provision of industrial mate- We know that North Korea operates a brought Iran to the negotiating table, I rials, such as precious metals or coal, series of secretive prison camps where know that the sanctions regime we are for use in a tailored set of activities, opponents of the government are sent structuring here can have a real effect.

VerDate Sep 11 2014 01:25 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G10FE6.029 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE February 10, 2016 CONGRESSIONAL RECORD — SENATE S781 Those who want to deal with North As Americans, it can be easy for us [From the The Wall Street Journal, April 25, Korea and North Korea’s pursuit of to forget just how lucky we are to live 2013] missile technology and nuclear weap- in a free and open society. Most of us, NORTH KOREA’S KIDNAPPERS AND THE FATE OF ons will see a consequence to them far myself included, simply have no idea of DAVID SNEDDON beyond North Korea. With this bipar- what it is like to live under a totali- (By Melanie Kirkpatrick) tisan legislation, we have before us a tarian regime like the one that has North Korea’s recent bellicosity seems to series of meaningful steps that speak kept North Koreans in a state of im- have subsided for the moment, but the re- the only language North Korea’s re- poverished servitude, cut off from the gime’s malign practices continue. The gime can understand: aggressive, mate- rest of the world for generations. But United Nations Human Rights Council last month established an international commis- rial consequences for aggressive, reck- every so often the mask slips, and sion of inquiry into what it describes as less provocations. there is an event that gives the world a North Korea’s ‘‘systematic, widespread and This legislation is the most com- clue about what can happen when a na- grave violations of human rights.’’ The comprehensive strategy to deal with the tion-state operates and thrives behind mission’s mandate includes examining North challenge that North Korea presents. a veil of mystery and secrecy. For me, Korea’s abductions of foreigners and the The launch over the weekend and re- and many of my fellow Utahans, one of likelihood that some victims are imprisoned cent nuclear tests makes it clear that these clues came nearly 12 years ago in the North. Pyongyang is believed to have when I introduced this bill last year, it kidnapped nationals of at least 12 countries. when a young man from Utah suddenly One such victim may be an American cit- was timely then. We didn’t get to act went missing in southern China. izen. David Sneddon disappeared in China in on it then, but we can do so now. In August 2004, David Louis Sneddon August 2004, when he was a 24-year-old stu- I urge the Senate, and I urge my col- disappeared while hiking in the dent at Brigham Young University. He was leagues on both sides of the aisle, to Yunnan Province of China. He was 24 vacationing in Yunnan Province after com- unanimously pass the North Korea years old at the time and a student at pleting several months of study at Beijing Sanctions and Policy Enhancement Brigham Young University in Provo, International University and before returning to the U.S. for his senior year. Speaking Act. I urge my colleagues in the other UT. Having spent his summer studying Chamber to concur, and I look forward in Tokyo last month about Mr. Sneddon’s Mandarin in Beijing, David wrote to disappearance, Keiji Furuya, Japanese min- to the President quickly signing this his family about his plans to hike the ister of state for the abduction issue, told legislation into law. scenic Tiger Leaping Gorge along the me: ‘‘It is most probable that a U.S. national If the international community is se- Jinsha River in southern China. That has been abducted to North Korea.’’ rious about meeting the threat that was the last time David’s family would The charge that an American citizen was North Korea poses, we should see meas- ever hear from him. His passport and likely kidnapped by North Korea is note- ures like this act adopted by the credit cards were never used again; worthy in and of itself. It is even more so coming from a cabinet-rank member of the United Nations and implemented by all they were never seen again. David of its member states. The international Japanese government about a citizen of an- Sneddon was never seen again. other country. The minister added: ‘‘I would community should stand together with What happened to David Sneddon? To not like to speak further about it because it a single voice and one clear message: my knowledge he is the first American would be an intervention in the domestic af- Any provocation will be met with con- since the 1970s to go missing in China fairs of the United States.’’ sequences that will shake the Kim re- without an explanation. What hap- Japan is in a unique position to evaluate gime to its foundation. That is the op- pened to him? How can a young man, North Korea’s kidnapping operation, having portunity we have to set the course investigated it for more than 30 years. North who is skilled in a country’s language Korean agents infiltrated Japan in the 1970s here today in the Senate. I think one of and knowledgeable of their culture, the most powerful moments is when and 1980s, snatched Japanese citizens and simply vanish without a trace? took them back to North Korea. Japanese the Senate acts in a strong, bipartisan These questions have answers. For traveling in Europe were also kidnapped. fashion that sends a message that will more than a decade, David’s family North Korea forced the abductees to teach create a ripple effect not only here but members, friends, and loved ones, as Japanese language and customs at its spy across the world. schools so that its agents could travel the well as regional experts, reporters, and I look forward to what I hope will be world posing as Japanese nationals. embassy personnel have searched for an incredibly robust, if not unanimous, In 2002, the late dictator Kim Jong II ad- those answers in vain. For their part, vote on this legislation. mitted to the visiting Japanese prime min- With that, I yield the floor. local authorities point to the Jinsha ister, Junichiro Koizumi, that North Korea The PRESIDING OFFICER. The Sen- River for answers. They contend that had kidnapped 13 Japanese citizens. Kim did the lack of physical evidence sur- so in the expectation that his confession ator from Utah. would pave the way for the normalization of Mr. LEE. Mr. President, I thank Sen- rounding David’s disappearance could indicate that he fell and was swept relations with Japan. The move could have ator GARDNER and Chairman CORKER had the salutary effect for North Korea of at- for their leadership and tireless efforts away by the river, despite the fact that tracting Japanese investment and reducing within the Foreign Relations Com- his body was never found. Well, it is North Korea’s economic dependence on mittee in dealing with the national se- certainly possible for that to happen to China. Instead, Kim’s confession inflamed curity challenges posed by North an unsuspecting tourist hiking on un- Japanese public opinion and made normal- Korea. familiar terrain, but David was not a ization impossible. As a member of the Senate Armed novice outdoorsman by any stretch of North Korea allowed five of the abductees to go home. It said the other eight victims Services Committee, I periodically re- the word. He was an Eagle Scout and an avid hiker who had years of experi- had died, but the death certificates supplied ceive intelligence briefings on North by Pyongyang were found to be fake. Japan Korea’s military capacity and the po- ence trekking over rugged landscapes believes those eight victims—as well as oth- litical will of North Korea’s leaders to across the American West. ers whom Kim Jong II did not acknowledge— threaten the United States and our in- In recent years investigational re- are alive in North Korea. terests abroad. Based on these briefings porters and regional experts have sug- In recent years, Pyongyang’s kidnappers and the extensive intelligence in form- gested an alternative explanation of have turned their attention to China, where they have abducted South Korean humani- ing them, I believe we need to embrace David’s disappearance. For instance, on April 25, 2013, Melanie Kirkpatrick, a tarian workers. The South Koreans were tar- an ‘‘all of the above’’ approach to con- geted because of their work helping North front North Korea’s continued develop- senior fellow at the Hudson Institute Koreans escape on an underground railroad ment of ballistic missile, nuclear, and and a well-regarded expert on North across China to eventual sanctuary in Seoul. cyber technologies. These threats have Korea, wrote an excellent article in the This brings us back to David Sneddon. In become too serious to ignore and far Wall Street Journal. addition to speaking Chinese, Mr. Sneddon is too complex to confront with anything Mr. President, I ask unanimous con- fluent in Korean, having spent two years in short of a coordinated strategy that is sent that the article be printed in the South Korea as a Mormon missionary. This unusual linguistic ability may have thrown RECORD. prepared to employ the full force of the suspicion on him. The Sneddon family be- United States Government, including There being no objection, the mate- lieves that David was kidnapped by North all of our diplomatic, intelligence, eco- rial was ordered to be printed in the Korean agents who mistakenly thought he nomic, and military resources. RECORD, as follows: was helping North Korean defectors. Yunnan

VerDate Sep 11 2014 03:33 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G10FE6.032 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S782 CONGRESSIONAL RECORD — SENATE February 10, 2016 Province, which borders Laos, Burma and disappearance in China fits the pattern rean restaurant. At first glance, this Vietnam, is along the underground railroad’s of foreign national kidnappings by may seem like a minor detail, but seen usual route out of China. North Korean secu- North Korea in East Asia since the in the right light, it is, in fact, an omi- rity agents are known to operate there, apparently with Beijing’s permission. 1970s. While this might sound strange nous clue. At the time of David’s disappearance in to Americans—because it is indeed According to many regional experts, August 2004, China told the Sneddon family strange to us as Americans—it is an there is a historical pattern of North that its investigation had concluded that the issue with which the people of Japan Korean agents using Korean-run res- young man likely had a fatal mishap while and South Korea are tragically all too taurants in China, Japan, and else- hiking through Tiger Leap Gorge. That the- familiar. where to prey on their targets for kid- ory was disproved by facts uncovered by Da- The circumstances of David’s dis- napping and abduction. Despite these vid’s father and two of his brothers three appearance add a level of credibility to reports, there have been no further or weeks after he went missing. The three Sneddons retraced the young man’s steps in this theory. For instance, the area more fruitful leads regarding David’s Yunnan and found witnesses who reported where David was traveling is a well- whereabouts. People move away or seeing him during and after his hike through known thoroughfare on an underground change their stories. Embassy and the gorge. railroad for North Korean dissidents State Department staff move to dif- The Sneddons have had their share of frus- trying to escape to Southeast Asia. As ferent assignments, and the trail grows trations in dealing with the U.S. State De- a result, this area is monitored and pa- cold. partment. A senior diplomat wrote the fam- For nearly 12 years, along with his ily last year that ‘‘Under the Privacy Act, trolled by North Korean Government we are not permitted to release any informa- agents who were involved in the cap- family, we have been looking for tion about David’s case unless we have his ture of a high-level North Korean de- David. There are many people who de- written consent to do so.’’ The diplomat fector and his family in the area only serve credit for the contributions they noted a health-or-safety exception but only months before August 2004. made to this effort. In particular, I if the family ‘‘has convincing information as David was fluent in Korean, thanks wish to thank Ambassador Robert to where the U.S. citizen is located or what to having spent 2 years serving a mis- King, the special envoy for North Ko- his/her condition may be.’’ ‘‘We’re living a Catch-22,’’ says David’s sion for the Church of Jesus Christ of rean human rights issues and a long- brother, Michael Sneddon. ‘‘If our family had Latter-day Saints in South Korea. He time personal friend of mine, as well as ‘convincing information’ as to David’s matched the profile of activists in this his office, for the attention they have whereabouts, David would no longer be miss- area who were thought to be assisting given to David’s case and the good- ing. It’s absurd.’’ The Washington-based North Korean escapees. faith efforts they have made over the Committee for Human Rights in North Korea In a coincidental twist of fate, David years to try to find answers. I com- plans to file a Freedom of Information Act disappeared only a month after Charles mend Ambassador King for his work on request for information on actions the State Robert Jenkins, an Army deserter, was Department has taken on the Sneddon case, this complex, sensitive, and very im- says executive director Greg Scarlatoiu. released by the North Korean Govern- portant issue. The Sneddons refute speculation that ment after having spent nearly 40 years There is still work yet to be done. An David may have disappeared voluntarily. He imprisoned in the totalitarian state, upstanding American citizen is still had purchased a plane ticket home, put a forced to teach English to North Ko- missing, and an aggrieved family—in- down payment on his student housing for the rean intelligence agents. An American deed, an entire community—continues fall semester, and made arrangements to who spoke fluent Korean would be an to wait and pray for a resolution, take the LSAT exam for entry to law school. attractive replacement for Charles which is what brings us here today. His Beijing roommate, who traveled with him until a few days before his disappear- Jenkins. The first and most important respon- ance, says David was planning to go home. Three weeks after his disappearance, sibility of the United States Govern- Last year, a Tokyo-based research organi- David’s father and two of his four ment is to ensure the safety and free- zation published a report citing new evidence brothers traveled to China and retraced dom of the American people at home that North Korea kidnapped Mr. Sneddon. A David’s planned steps through the and abroad. When American citizens source in China told the National Associa- Tiger Leaping Gorge. The results of travel overseas, the State Department tion for the Rescue of Japanese Abducted by their factfinding mission, including plays a critical role in fulfilling this North Korea that in August 2004—the date of their conversations with local resi- core constitutional duty. his disappearance—Yunnan provincial police arrested an American university student dents, businesses, tour guides, and The amendment I am filing today— who was helping North Korean refugees. A travelers have been shared with the which I plan to submit as a stand-alone second Chinese source told the Japanese re- State Department and detailed in an resolution with Senators HATCH, FISCH- searchers that the Yunnan police handed excellent piece by Chris Vogel pub- ER, and SASSE—gives the sense of the over the American to North Korean security lished in Outside Magazine in 2014. Senate that the State Department, in agents. In both cases, personal details about One of the most compelling pieces of conjunction with the intelligence com- the unnamed student correspond with facts evidence discovered by David’s father munity, should continue to fulfill that known about David Sneddon. Seven Japanese and brothers is that several people, in- obligation to David Sneddon and his parliamentarians traveled to Washington cluding a trail guide who had been hik- last May to present this evidence to the family. A companion bill will be intro- State Department and Congress. ing the Tiger Leaping Gorge around duced in the House of Representatives For one former Japanese intelligence offi- the time of his disappearance, remem- by my friend Congressman CHRIS STEW- cial, the Sneddon disappearance is a case of ber interacting with a young man fit- ART and the rest of the Utah delega- de´ja` vu. The official, who asked not to be ting David Sneddon’s description. Da- tion. identified by name, compares it to the ab- vid’s family also met with the owner of The State Department’s responsibil- duction cases he tracked in the 1970s and a small Korean restaurant in the city ities in this matter include inves- 1980s. ‘‘The evidence is always fragmented of Shangri-La, a bustling tourist out- tigating all plausible explanations be- and isolated,’’ he says. Until Kim Jong II confessed to kidnapping 13 Japanese citizens, post with a convenient access to the hind David’s disappearance and leaving he notes, some in the Japanese government Tiger Leaping Gorge. When she saw a no stone unturned in trying to return refused to acknowledge the abductions for photograph of David, the young res- one of our brothers to his family. fear of alienating Pyongyang. The former in- taurant owner lit up. She immediately At the time of his disappearance, telligence official has looked at the Sneddon remembered David, and for good rea- David had his whole life ahead of him. evidence and believes there is a strong possi- son. Not only did David stand out be- In fact, he was already planning for it. bility that North Korea kidnapped the Amer- cause of his fluency in Korean, but he Before setting out to hike the Tiger ican. Leaping Gorge on that fateful day in The U.N. commission of inquiry will spend reportedly visited the restaurant on one year gathering and evaluating informa- three separate occasions over the August of 2004, David had signed up to tion on North Korea’s abductions. Let’s hope course of 2 days while he was in that take the law school admissions test— it discovers what happened to all those who city. the first step toward applying to law disappeared—including the American David Indeed, according to the Outside school, he had arranged business meet- Sneddon. Magazine article, the last time anyone ings back home in Utah to get an early Mr. LEE. Mr. President, Kirk- saw David, which was on August 14, start on pursuing his dreams of entre- patrick’s research shows that David’s 2004, he was reportedly leaving a Ko- preneurship, and, eager to get back to

VerDate Sep 11 2014 01:25 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A10FE6.002 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE February 10, 2016 CONGRESSIONAL RECORD — SENATE S783 BYU’s beautiful campus, he had al- forcing our trade laws. In my view that steel industry, a pillar of American in- ready paid for his student housing for is what this debate is about and that is dustry. The ENFORCE Act ought to be the upcoming fall semester, but he what the vote will be about tomorrow. understood to be clearly a priority never had the chance to do any of those The lingo of trade policy, as we call matter for those who work in the steel things, and the Sneddon family de- it, TPA—the trade promotion author- industry and the companies for which serves to know why. ity—what are the rules for trade and they work. The greatest threat to totalitarian then the various agreements and what, Second, the legislation, once and for regimes in any part of the world is the of course, is being considered now, the all, closes a truly offensive loophole truth; that the world may learn of the Trans-Pacific Partnership—it is hard that allowed products made with slave horrors they perpetrate every day to keep track of this lingo under the and child labor to be imported to the against their own people and that their best of circumstances. I think in begin- United States. My friend Senator people may learn that there is a world ning this discussion, what I want to BROWN has championed this issue. He full of freedom and opportunity beyond note for the Senate is this is not—not— and I believe that in 2016 and beyond, the ironclad borders of their enslaved about the consideration of a new trade the Congress cannot allow for the per- homeland. agreement. No trade agreement—no petrators of slave or child labor to have It is in pursuit of the truth—about new trade agreement—is going to be any place in the American economy. So David Sneddon’s whereabouts—that I considered by the Senate this week. the old system that leaves the door file this amendment today. What this debate is about is whether open to child or slave labor, if it is used Thank you, Mr. President. the Senate is going to put in place to make a product that isn’t made in Mr. CARDIN. Mr. President, I suggest tougher, smarter, more modern trade the United States, that system has to the absence of a quorum. enforcement policies, and when we end and with this legislation it will. The PRESIDING OFFICER. The have these policies, actually follow up The old system essentially said that clerk will call the roll. on them and stand up to anybody when it came to child labor, in the The senior assistant legislative clerk around the world who is trying to fig- past, economics would trump human proceeded to call the roll. ure out a way to get around them. My rights. Economics just mattered more Mr. WYDEN. Mr. President, I ask view is that tough, smart trade en- than protecting vulnerable children. unanimous consent that the order for forcement ought to be a priority for Senator BROWN said: No way. That is a the quorum call be rescinded. every Senator, no matter how they grotesque set of priorities. And we The PRESIDING OFFICER (Mr. choose to vote on a particular new closed that loophole. It is closed, once TILLIS). Without objection, it is so or- trade agreement. and for all. dered. My bottom line is that past trade Another major upgrade in this trade Mr. WYDEN. Mr. President, I ask policies were too old, too slow or too package is what I call an unfair trade unanimous consent to speak as in weak to keep up with the trade cheats, alert. I have heard for years and years morning business for up to 20 minutes. but that is what this legislation is from union leaders, from companies The PRESIDING OFFICER. Is there going to change. This legislation says and others that the trade cheats often objection? those days are over. try to exploit the fact that trade law Without objection, it is so ordered. I wish to take just a few minutes to enforcement moves along at a snail’s CUSTOMS AND TRADE ENFORCEMENT describe why I believe this package we pace. What happens is that the rip-off LEGISLATION will vote on is the strongest set of artists break the rules. They hope the Mr. WYDEN. Mr. President, I rise trade enforcement policies the Con- damage is going to be done before any- this afternoon to speak about a matter gress has considered in decades. body in Washington catches on. That that will come before the Senate to- At its core, what trade law enforce- way the factory lights go out at the morrow when the Senate votes on ment is all about is rooting out the plant, and the plant is shuttered before whether to invoke cloture on the cus- universe of scofflaw tactics that the our country does anything about it. toms and trade enforcement conference cheats rely on. They use fraudulent What we have done with this new un- report. records and shell games and sophisti- fair trade alert system is to ensure Last year, Democrats and Repub- cated schemes to evade duties and un- that there are going to be warning licans in both Chambers of the Con- dercut our American producers. For- bells going off long before the damage gress came together and said it was eign governments bully American busi- is done. time for a fresh policy on international nesses into relocating factories and Next, the package includes an impor- trade—a fresh, modern policy that I de- jobs are turning over lucrative intel- tant initiative from Senator STABENOW scribe as trade done right. At the heart lectual property. They spy on Amer- to mobilize the institutions of govern- of trade done right is a tougher, smart- ican companies and trade enforcers, ment into a permanent ongoing en- er plan to fight the trade cheats who steal secrets, and then they lie about it forcement center so that we have all are ripping off American jobs. in the aftermath, and they try to un- hands on deck to fight the trade Now, the inventiveness of these ripoff dercut American industries so quickly cheats. With Senator STABENOW’s pro- artists takes our breath away. It is that our Nation has been unable to act posal we are going to make sure that something I know a fair amount about before the economic damage is done. when it comes to fighting the trade because a few years back, as chairman With the vote we are going to cast cheats, the left hand and right hand of the Trade Subcommittee, we put to- this week, we have an opportunity to are working in Congress. gether a sting operation and in effect say strongly and loudly that we are The package creates a new trust fund invited those ripoff artists from around done sitting back and just watching for trade enforcement developed by the world to cheat, and we were just our companies get their clock cleaned Senator CANTWELL to drive America’s flooded—flooded with those who were by trade cheats. This country is going investment in fresh ideas and do it in a interested in skirting the laws. They to take trade enforcement to a new way that will help protect our workers have extraordinarily inventive ways of level to protect workers and businesses and businesses. moving their operations, concealing in Oregon and nationwide. The proposal also ensures small busi- their identities, and shipping their In my view, the center of this effort nesses and their employees are going to products into our country through is the ENFORCE Act, which goes after be able to find an easier path into the shadowy, untraceable routes. Some- what I consider to be one of the biggest winners’ circle on international trade. times sneaking illegal imports into of the trade loopholes; that is, mer- It is going to lower the cost for a lot of this country is as simple as slapping a chandise laundering. This is a proposal small businesses in Oregon and nation- new label on a box. We call it merchan- that a number of Senators have worked wide that import products into our dise laundering, and we saw it again for years to get enacted. What it will country. For my home State, this ef- and again and again as we conducted do is put a stop to the evasion of duties fort led by Senator SHAHEEN, who has this sting operation. that are put in place to protect our done great work on the Small Business So it is long past time to come up workers, protect our manufacturers, Committee, is hugely important be- with a new and tough approach to en- and particularly when it comes to the cause in my State, when you are done

VerDate Sep 11 2014 01:25 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G10FE6.035 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S784 CONGRESSIONAL RECORD — SENATE February 10, 2016 counting a handful of big businesses, protection. Because of Senator CARDIN, OUR ‘‘WE THE PEOPLE’’ DEMOCRACY you have covered the big employers in we will now have a new focus on human Mr. MERKLEY. Mr. President, the our State. We are overwhelmingly rights. Now the Senate has an oppor- most important words in our Constitu- about small business, and because of tunity to stand up for workers and tion are the first three words of that the good work of Senator SHAHEEN, we businesses in Oregon and across the document: ‘‘We the People.’’ These are are going to give small businesses more country by kicking the enforcement of words that the authors put in tools they can use to reach new mar- trade law into high gear. This land- supersized print to tell us that this is kets overseas. It is going to help guar- mark trade enforcement proposal what our government is all about—and antee that all our trade agencies are ought to have strong bipartisan sup- also, what it is not about. looking for opportunities to help small port. They did not start out this document businesses grow. Also included in the conference re- by saying that we are a government to I could go on with others. I think port is a permanent extension of one of serve the ruling elites. They did not es- Senator FEINSTEIN has done very im- the most popular economic policies on tablish this Constitution to serve the portant work. For example, we have the books today, the Internet Tax titans of industry and commerce. And been looking for a model for trade- Freedom Act. Former Congressman they did not write our Constitution to based humanitarian assistance. Sen- Chris Cox and I introduced this bill serve the best off, the richest in our society—quite the contrary. The genius ator FEINSTEIN’s contribution has back in 1998. For nearly two decades, of America was a government designed, helped us secure that goal, and I appre- this legislation protected working fam- as President Lincoln so eloquently ciate greatly her leadership. ilies, especially against regressive summarized, to be ‘‘of the people, by When it comes to trade policies, envi- taxes on Internet access. the people, and for the people.’’ ronmental protections are a special Working families are the focus of this priority for me and for Oregonians and This Senator will be rising periodi- bill. Working families who use the cally to address issues that affect for the American people. I want one Internet, for example, get information judgment about this bill to be very Americans across our Nation. It is im- about employment opportunities and portant to a government of, by, and for clear as we start this debate. This leg- educational opportunities. They islation cannot and will not in any way the people to address issues that we shouldn’t face a wave of new regressive should be addressing in this Chamber. prevent the United States from negoti- taxes. Clearly, ensuring that they don’t ating a climate agreement. Not only Today I will use this time to talk get hit by these regressive taxes has about the challenge we face in climate that, the package tackles some par- saved our working families and our ticularly important environmental change. Last month, scientists re- small businesses hundreds of dollars a ported that 2015 was the single hottest issues head-on. It directs our trade ne- year. gotiators to act against illegal fishing year on record. NASA says that this But for all that time, this has been a and fishing subsidies that destroy our past year was a full 0.9 degrees centi- kind of temporary stop-and-go policy oceans. It is going to help guarantee grade. That is well over 1.5 degrees that required its being renewed again Fahrenheit hotter than the average that the Customs personnel are better and again. My hope is that, as Senators during the 20th Century. Moreover, it trained to fight the trade of stolen tim- look at this bill, which in my view is rose significantly warmer from 2014, ber from places like the Amazon. These the toughest trade enforcement law in which was the previous hottest year on are big improvements over the old decades, and move to the very new ap- record—0.23 degrees Fahrenheit hotter playbook of trade enforcement. Many Senators on both sides of the proach that I call ‘‘trade done right,’’ I than 2014. That is an unexpectedly aisle are very concerned about cur- hope Senators will see that this legisla- massive increase in the challenge of rency manipulation. In the process of tion also ensures that working fami- global warming. These numbers come from the best bringing this bipartisan, bicameral lies, senior citizens, and others of mod- scientific analysis. They take the com- package together, it was clear that est means don’t get hit by this big regressive tax simply when they want to bined temperatures from the land, there were some differences between water, and air to get a comprehensive the Senate and the other body on this access the Internet for the kind of information so important to them, given picture of what is going on in our beau- legislation and that the other body was tiful blue green planet. In total, 15 of willing to go only so far on currency a modest income and their desire to get ahead. the hottest years our planet has experi- questions. When Senators vote—and I enced while humans have tread this know currency is important to them— With this legislation and its extension running out this year, it is impor- Earth have been in the last 16 years. I hope that they will reflect on the These temperature records send a view that I am going to articulate. tant for the Senate to act now so that you don’t have a situation again at the strong message to us, but there is also This legislation goes further than ever a message coming from what is hap- before to fight the currency manipula- end of the year with the prospect of the Internet Tax Freedom Act expiring and pening on the ground—the facts on the tors. One of the major reasons it does ground. We see the impact of global is because of our colleague Senator working families getting hit with these regressive taxes. warming on our own communities. We BENNET. Senator BENNET has been see the impacts in terms of the pine I urge Senators to support this pro- working with all sides diligently on beetle expansion because the winters posal. There has been an awful lot of this issue. He has clearly given us a are not cold enough to kill them off. work done by Senators on both sides of policy that we can build on in the We see it in terms of the red zone that the aisle to advance this legislation. I years and days ahead. I intend to work comes from that. We see it in terms of am particularly grateful to our col- with Senator BENNET and all of our col- the longer fire season—60 days longer leagues on both sides of the aisle at leagues on the Finance Committee in the last 40 years in my home State every opportunity to head off the cur- with whom I have the honor to serve. of Oregon. On the Oregon coast we are rency manipulators, to stop them from I will close simply by saying to col- having trouble with oysters reproduc- undercutting American jobs and Amer- leagues that this is not about a new ing because the first few days it is dif- ican businesses. There is no question in trade agreement. It is not exactly an ficult to form a shell with waters 30 my mind that this legislation goes sig- atomic secret. There are pretty strong percent more acidic than they were be- nificantly further than ever before to differences of opinion about new trade fore the Industrial Revolution. We see fight currency abuse and manipulation. agreements here in this body. This is it in the Cascade Mountains, where the Now, it has been my judgment for about whether we are going to get snowpack has been smaller. It affects years that a more progressive approach tough with the trade cheats who are our winter sports, and it certainly af- to trade and stronger trade enforce- ripping off American jobs. This legisla- fects the runoff that serves our farms. ment are two sides of the same coin. tion gives us the opportunity to do it, We have had massive, difficult Last year, the Senate said loudly and and I urge your support. droughts in southern Oregon in the clearly that future trade deals have to I yield back. Klamath Basin. raise the bar for American priorities The PRESIDING OFFICER. The Sen- These changes are not just happening such as labor rights and environmental ator from Oregon. in Oregon. They are happening across

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Time is short and she went on to say: ‘‘No future ex- the warming of our planet under 2 de- and public lands and waters are citizen tractions, I agree with that.’’ That is grees Celsius to avoid catastrophic im- owned. Public lands and waters are the what she said. So we have come a long pacts. We are seeing severe impacts right place to start, and it is critical to way in a short period, from action in now, but these will be nothing com- the future of our planet. three specific areas to the leading pared to what is anticipated if we allow The success of this moment, the Presidential contenders on the Demo- global warming to continue. At this ‘‘keep it in the ground’’ movement, cratic side calling for moral action to stage below 2 degrees Celsius or 3.5 de- will depend on grassroots organizing. take on this threat. grees Fahrenheit, we must pivot off of The grassroots stopped the Keystone Moving forward, there are two op- the fossil fuels to a clean energy econ- Pipeline, which would have turned on tions before us. Our Federal Govern- omy. That means pursuing energy effi- the tap for some of the dirtiest fossil ment can be a government of, by, and ciency in our vehicles, in our freight fuels in the world. Grassroots orga- for the titans, and it can be complicit transportation, and in our homes. It nizing has driven the administration to in digging our carbon hole even deeper does mean investing in renewable en- suspend and possibly to stop drilling in and doing more damage to the land we ergy, noncarbon electrical energy pro- the Arctic waters—drilling, which is love or our Federal Government can be duced by sunlight and by wind. the height of irresponsibility in the the ‘‘We the People’’ government that The simple, sobering fact is this: En- fragile Arctic region, and just recently was laid out by our Constitution, and it ergy efficiency and renewable energy grassroots organizing and energy has can lead this effort to manage our fos- will not be enough to stop the warming encouraged the President to put a sil fuels on public lands for the public of our planet unless we leave 80 percent pause on coal leasing to evaluate its good and work with our partners of the currently known fossil fuel re- climatic impacts. around the globe to save our planet. It has been said we are the first gen- serves in the ground. That is a power- While these are important steps in eration to see the impacts of global ful statement because there are enor- the right direction, I want to encour- warming and that we are the last gen- mous financial forces that seek to ex- age our President to go further. Just as eration that can do something about it. tract those proven reserves, to burn he has suspended new leases for coal, President Obama has authority to do So the choice is simple. Let’s move ag- those proven preserves, and in doing so the same for oil and gas. Last week I gressively away from a fossil fuel econ- will destroy our planet. omy to a clean energy economy. Let’s You and I, fellow citizens, are owners joined with nine other colleagues in work in partnership with the world to together of a vast amount of fossil calling on the Department of the Inte- take on this worldwide challenge and fuels, of coal, of natural gas, of oil. rior to strengthen its climate commit- let’s do the smart thing. When it comes This is the oil and gas and coal that is ments by dropping all new fossil fuel to our publicly owned fossil fuels, let’s underneath our public lands and water. leases from the 5-year Outer Conti- nental Shelf Oil and Gas Leasing Pro- keep it in the ground. We should use our ‘‘We the People’’ gram. Thank you, Mr. President. power to manage these fossil fuel re- I emphasize grassroots organizing as The PRESIDING OFFICER. The Sen- serves for the public good, and the pub- critical because this building on Cap- ator from Hawaii. lic good is to move away from an era itol Hill is full of individuals, such as I, Mr. SCHATZ. Mr. President I rise to where the U.S. Government facilitates who have been elected, and in our elec- join my colleagues in condemning the extraction and burning of our cit- tions vast funds from the fossil fuel in- North Korea’s belligerence in East izen-owned fossil fuels to a new era dustry are holding sway. So it is going Asia. where the Federal Government, to- to take citizens and a ‘‘We the People’’ For decades North Korea has starved gether our ‘‘We the People’’ govern- government—of, by, and for the peo- its people, sponsored criminal mis- ment, leads the transition from fossil ple—to be able to continue to drive conduct and cyber attacks, and bullied fuels to a clean energy economy. As we what we all know is right. It will be es- South Korea. In the last month it has face the threat of catastrophic climate sential to sustain and expand the violated numerous U.N. resolutions re- change, the public good in regard to ‘‘keep it in the ground’’ movement. garding development of nuclear weap- these fossil fuels is to keep them in the Not so long ago, when individuals ons and ballistic missiles. DNI Clapper ground. outside of this building were talking recently stated that the regime is ex- When we do a new lease for the ex- about ‘‘keep it in the ground,’’ and panding its Yongbyon enrichment fa- traction of our citizen-owned fossil then inside this building we started to cility and restarting the plutonium fuels, we lock in carbon extraction for have that conversation, many said: It production reactor. These actions are a 20 years, 30 years, 40 years, even 50 is just too much of a stretch. It is just threat to the United States, our allies, years into the future. That is unaccept- too much of a paradigm change from to their regional stability, and they re- able. That is morally wrong because the past, when we sought to lease out mind us that the Kim regime has no in- that extraction, decades into the fu- our fossil fuels, that this wouldn’t terest in abiding by international ture, will do enormous damage to our work. rules. planet, to our forests, to our farming, Where are we now? Not only did we The continued development of nu- and to our fishing. This is an assault, have success in the Keystone, not only clear weapons and ballistic missiles first and foremost, on rural America, did we have success in the Arctic, not threatens our military forces in Japan and it is our responsibility to stop it. only did we have success in terms of and South Korea and poses a risk to That is why I introduced the Keep It suspension of coal leases, but we have a Seoul, Tokyo, and other major cities in in the Ground Act. This legislation broader conversation about ending all the region. While North Korea regu- ends new leases for coal and oil and gas of these new leases in each of these larly exaggerates its capabilities, it is on public lands and waters, and it areas of fossil fuels on our citizen- clear that its belligerence is unending would drive a transition from fossil owned property. and its technology is improving. fuel extraction and combustion toward Senator BERNIE SANDERS, who is a This legislation will strengthen and a renewable energy economy. cosponsor of my keep it in the ground expand the U.S. sanctions against Critics might argue that we cannot bill, said in November: North Korea. We should use every tool simply end consumption of fossil fuels We cannot continue to extract fossil fuels we have to increase pressure on the re- tomorrow. They might point out that from Federally owned land. gime so it dismantles its nuclear weap- society still depends on fossil fuels for He continued and said: ons and ballistic missile programs, but electricity and for transportation, and You can’t talk the talk and say I’m con- it is not at all clear that they are re- they might know the leases that have cerned about climate change. And at the sponding to direct pressure from our

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According to reports, eye with China on many things, we can Western Pacific by turning the Aegis Iran might coincidentally conduct a and must work together to address our Ashore Test Complex on Kauai into an nuclear launch later this month. Now shared concerns. China has a tremen- operational site, a proposal Represent- we see Iran doing what it is doing, and dous amount at stake too. Unfortu- atives GABBARD and TAKAI are working we see Korea with the capacity to do nately, Chinese efforts to rein in North on with the Department of Defense. what it is doing. Korea have so far been underwhelming. These are preliminary steps we can Frankly, what we see in both cases, In response to China’s diplomatic overtake to reassure our allies and forces in as well as Russia, are economies that tures to stop the missile launch last the region that we are committed to are faltering, and people have every Saturday, North Korea actually accel- their security, and we should refine our reason to wonder about those in charge erated its plans and launched its mis- thinking as the threat evolves. The of their government. The more that oc- sile on the eve of the Lunar New Year sanctions bill reinforces that commit- curs, the more dangerous a government celebrations in China. If that is how ment and sends a clear message that it might be in an unstable country, try- North Korea treats its only ally, then is time to step up all levels of pressure ing to do everything they can to en- we face an uphill battle, especially on North Korea to end its belligerence emies they feel they need to defend without China recalibrating its ap- in the region. themselves against and people they proach and increasing its pressure. I yield the floor. need to advance against. We also know they have significantly China must step up to the plate and The PRESIDING OFFICER. The Sen- increased their cyber capabilities. We recognize that dealing with the Kim re- ator from Missouri. continually hear from our intelligence gime now is better than dealing with it Mr. BLUNT. Mr. President, recent community that a cyber threat is one later. China ought to communicate to developments in North Korea should of the greatest threats we face. We saw its ally that it is fed up with its bellig- have raised serious concern. As we North Korea launch a cyber attack on erence and supports stronger U.N. have heard over and over again in the Sony Pictures in 2014, which did incred- sanctions. This is the way China will Senate from Members of both parties, ible damage in many ways, including demonstrate its commitment to inter- they have raised serious concerns. their ability to disrupt the critical in- national peace and security. This weekend North Korea launched frastructure of our country in the same The goal of this sanctions legislation its latest so-called satellite into orbit. way they were able to get involved in is not to target the North Korean peo- We know this was nothing but an at- the cyber world of one major company. ple. They are the victims of the Kim tempt to conceal their development of According to a November 2015 report regime. They have borne the cost of ballistic missile programs that would by the Center for Strategic and Inter- these ballistic missile launches. One actually check launch capability, not national Studies, ‘‘North Korea is estimate is that it cost $1 billion for really launching a satellite. emerging as a significant actor in the most recent launch, which would On January 6, North Korea claims to cyberspace with both its military and have fed the entire country for a year. have tested a hydrogen bomb, which, if clandestine organizations gaining the Our goal is to convince North Korea true, would significantly increase and ability to conduct cyber operations.’’ that working with the international advance its nuclear capabilities. Even When we look at North Korea’s at- community is preferable to being iso- if not true, they have significant weap- tempts to increase and/or exaggerate lated from it. ons in what everyone in the world the potential they have with the weap- Since President Obama took office, would understand to be dangerous and ons they have or their ability to de- the U.N. has adopted three major reso- even unstable hands. velop those weapons and when we look lutions on North Korea’s nuclear pro- In October 2014, the senior U.S. com- at what North Korea is doing with gram. President Obama has signed mander on the Korean Peninsula told their cyber activities, we see a contin- three major Executive orders, further reporters that North Korea has the ca- ually growing threat. sanctioning North Korea’s activities. pabilities to put together a miniatur- The bill brought to the floor from I support these efforts, and we must ized nuclear warhead that can be Senator GARDNER’s and Senator do more. This sanctions bill will give mounted on a ballistic missile. Now we CORKER’s committee, the North Korea the administration additional tools to see them continuing to check that Sanctions and Policy Enhancement squeeze North Korea to change its be- launch and missile capability. They al- Act, takes steps by providing the tools havior, but sanctions are not going to ready tested atomic nuclear weapons in necessary to hold North Korea and its be enough. We need to reassure our al- 2006, 2009, and in 2013, in all cases in enablers accountable for what they do. lies in the region and provide the nec- violation of multiple U.N. Security The bill’s overall goal is to peacefully essary resources to protect our forces Council resolutions and, frankly, in disarm North Korea through manda- in South Korea and Japan. After all, violation of the agreements they had tory sanctions that would deprive the diplomacy is advanced when it is made in the early part of 2003 and 2004. regime of the means to build its nu- backed up by a strong defense. Nuclear experts have reported that clear and ballistic missile program and To that end, we need to do three North Korea may currently have as advance its malicious cyber activities. things. First, we must continue serious many as 20 nuclear warheads and that Specifically, it mandates sanctions discussions with South Korea about de- the capital, Pyongyang, has the poten- against individuals who have materi- ploying the Terminal High Altitude tial to possess as many as 100 warheads ally contributed to North Korea’s nu- Defense System, or THAAD, to defend within the next 5 years. clear and ballistic missile develop- against the missile threat. This has Combined with what appears to be ment; individuals who have engaged in probably become a necessity because of growing sophistication in their missile money laundering, the manufacture of North Korea’s recent actions. If it is technology, they have been seeking a counterfeit goods, or narcotics traf- deployed, we will have to reassure way to represent a direct threat— ficking that would benefit those pro- countries in the region that THAAD is something potentially disastrous in a grams; and individuals who have en- intended to defend solely against the nuclear way—to the United States and gaged in significant activities under- North Korean missile threat to avoid certainly to our allies in the region. mining cyber security against the any misperceptions. Second, we need to They have shown capacity to pro- United States or foreign individuals. pass a well-funded defense budget that liferate nuclear weapons and tech- In addition to these sanctions, the provides for the readiness of the forces nology to other dangerous regimes and, legislation targets additional areas under Admiral Harris’s command at we have every reason to believe, dan- that would deny North Korea the re- PACOM, through which General gerous individuals. U.S. officials resources it needs to continue its mali- Scaparrotti at United States Forces cently connected Iranian officials to cious activities. For example, the bill

VerDate Sep 11 2014 01:25 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G10FE6.040 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE February 10, 2016 CONGRESSIONAL RECORD — SENATE S787 mandates sanctions on individuals in- ment American forces already in the metric pressure points that we have volved in trading minerals and metals region. which we can apply to try to bring that could be part of a nuclear pro- North Korea remains a serious threat peace to the peninsula. gram. to peace and stability in the region and In his statement, he said, ‘‘A new ap- This section would send a strong the world. North Korea continues to be proach to North Korea must focus on message, certainly to China, North Ko- a bad example of what happens when those asymmetric pressure points.’’ rea’s chief diplomatic protector and the United States makes agreements Then he talked a little bit about the largest trading partner. The things and isn’t prepared to follow through on Kaesong industrial complex: that could be used as sanctions would those agreements. Another useful asymmetric pressure point surely make China think twice about The world is watching. I hope my col- is the Kaesong Industrial Complex. A legacy what they are doing with North Korea leagues will join me in sending a clear of the sunshine policy, this project now pro- but also think twice about what North message that North Korea’s provo- vides $90 million in annual wages (around Korea is doing with the world. China cations are not acceptable and that its $245.7 million from December 2004 to July purports to have a significant influence continuing pursuit of illicit nuclear 2012) of hard currency to North Korean authorities with little wages actually going to in North Korea. China purports to not weapons will not be tolerated. We will the factory workers. The South Korean gov- want to see nuclear destabilization get a chance to vote on that issue ernment will be opposed to shutting this occur. This bill would be an incentive today. I hope we send a strong mes- down, as even conservative governments in for China to live up to those claims. It sage. I hope the administration be- South Korea have grown attached to the has consistently failed to leverage its comes a stronger partner in this mes- project as symbolic of the future potential of political or economic influence up sage than the messages we are failing a unified Korea, but difficult times call for until now. If China is getting serious to send right now on Iran. I think this difficult measures. about getting North Korea to change is an important moment for the coun- Again, this is Dr. Cha’s testimony be- its behavior, we would like to see that try and the world. fore the House of Representatives just happen. The PRESIDING OFFICER. The Sen- a few weeks ago saying that this is an In a new view of sanctions, there is a ator from Colorado. asymmetric pressure point and that if waiver in this bill, as there has tradi- Mr. GARDNER. Mr. President, we we were to address something to tionally been. The President of the have heard a lot of great discussion and Kaesong, perhaps that could apply United States will have a waiver of debate today about the sanctions bill pressure to the North Korea regime to these penalties. But this waiver is on North Korea. Of course, one of the change its behavior. But because of the much stronger from the legislative per- issues that continue to come up is the investments, because of the amount of spective in that the President can only lack of response from the United Na- work and the opportunities there, clos- use the waiver on a specific basis and tions. As they are considering and de- ing that wouldn’t happen. It is not sup- has to report, as I understand it, what liberating what exactly to do with ported by the government. that basis is. North Korea, I hope they will hear not This shows you how serious North This measure also goes beyond the only the words being discussed here on Korea’s recent behavior has become. traditional sanctions regime because it the floor of the Senate but also the ac- The testing of a fourth nuclear weap- requires the administration to put tions that are taking place around the on—they claim it is a thermonuclear forth a comprehensive strategy to pro- globe and particularly in South Korea. bomb. We don’t have evidence yet mote improved implementation and en- We have long been aware of the whether hydrogen was there or not, but forcement of how these sanctions Kaesong industrial complex. This is a either way, as we stated before, it sig- would work and what they would do to look at it, somewhere just north of nificantly increases their technical ca- combat North Korea’s cyber activities, Seoul, basically right on the DMZ line, pability, nonetheless, whether it is hy- to promote and encourage inter- right in between North Korea and drogen based or not. national engagement on North Korean South Korea. It is actually inside We saw recently a missile launch, a human rights violations, and to report North Korea, where this industrial satellite launch that they used to dis- back to Congress on what they found. complex is a joint venture, so to speak, guise a test of an intercontinental bal- There can be no doubt that other a number of efforts from South Korea listic missile. South Korea believes would-be nuclear regimes are going to where they are funding manufacturing this is such a serious situation that be watching this carefully. We saw the facilities using labor from North South Korea has now shut down the lack of appreciation for U.S. commit- Korea. Joint Factory Park at Kaesong over ment in the early weeks and months of The purpose of this manufacturing the nuclear test and the rocket. Just a the unfortunate Iranian deal. Frankly, center, the Kaesong industrial com- few weeks ago, experts said this the Iranians should and will look back plex, was to create additional opportu- wouldn’t happen, but the severity of at 2003 and 2004 and wonder why the nities for North Korea and South Korea North Korea’s actions, violations, con- agreements with North Korea didn’t to come together economically and for tinued infringements on any number of work and wonder if we are committed them to perhaps join together in unifi- U.S. sanctions and U.N. sanctions has to those agreements and wonder if we cation efforts as they continue to see forced South Korea to take the very still are determined to stop North that they can work together economi- dramatic step of closing this facility Korea when we see the kind of activi- cally. that they hoped could bring and be a ties we see today. This begins to send Earlier this year, in one of the first symbol of further unification. that message, but the required imple- committee hearings I held in the East Kim Jong Un and his reckless activi- mentation and reports will send that Asia Subcommittee, we heard testi- ties, forgotten maniac of North Korea, message in more aggressive ways than mony from Dr. Victor Cha, a professor is now responsible for the loss of em- the Congress and consequently the of government at Georgetown Univer- ployment of 45,000 people in North country have before. sity. He is the senior adviser and Korea Korea, and we wonder why there is no Finally, we need to ensure that all chair at the Center for Strategic and economic development taking place in U.S. forces deployed in the region are International Studies. We had testi- North Korea. We wonder why there are appropriately equipped with the most mony on North Korea several months limited activities. Because this regime up-to-date surveillance and counterbal- ago—at the beginning of the year—as is willing to put his own totalitarian listic missile platforms. Our regional we focused on how we were going to ad- regime ahead of the people of North allies—particularly South Korea and dress this challenge and the Kim Jong Korea, placing them in political prison Japan—need to be assured that the Un regime. camps, torturing them, maiming United States is committed to both the In his testimony in the House of Rep- them—hundreds of thousands of men, stability and defense of all our partners resentatives a few weeks ago, Dr. Cha women, and children. and interests in the region. South talked about some of the steps that So South Korea has taken a very se- Korea and Japan should also be encour- could be taken by the United States rious step to express their displeasure aged to undertake any self-defense and South Korea to address this North with the actions of North Korea. The measures that are necessary to aug- Korea threat. He talked about asym- United Nations and the United States

VerDate Sep 11 2014 01:25 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G10FE6.046 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S788 CONGRESSIONAL RECORD — SENATE February 10, 2016 both continue to discuss and impose and long-range ballistic missile pro- and Financial Crimes at the Treasury sanctions. The U.N. delay is disturbing. grams. On January 6, North Korea con- Department. As the Under Secretary, We talk about China. We talk about ducted its fourth nuclear test, and just Mr. Szubin would lead the Department the impact China could have on North this weekend the country launched an- in identifying and disrupting financial Korea and their willingness to change other long-range rocket. North Korea’s support to a range of actors that their behavior and to denuclearize goal could not be clearer or more seri- threaten our national security—North North Korea. We know China is respon- ous. It is to place a nuclear warhead on Korea as well as ISIS, Al Qaeda, sible for somewhere around 90 percent an intercontinental ballistic missile Hezbollah, and others. Not only would of the economic activity of North capable of reaching the United States. Mr. Szubin be responsible for directly Korea—right around 90 percent of the Since North Korea’s nuclear program implementing a significant portion of economic activity. We know trade, pre- was first uncovered in the mid-1980s, the legislation we are expected to pass cious metals, coal, and raw metals the United States has led the inter- today, but he would also lead the have resulted in about 70 percent of national effort to pressure the regime Treasury Department’s efforts to rally foreign currency in North Korea. to abandon its nuclear activity. In international support for these sanc- That is another step this bill takes, a large part, this pressure has come from tions. step to assure we are addressing any the United States and United Nations I think this last point is critical and activity such as exports, coal, precious sanctions. Although these sanctions sometimes doesn’t get a lot of atten- metals if the money derived from that have effectively halted most financial tion. Enforcing sanctions requires co- goes to the illicit activities. That is transactions between North Korea and operation. It requires often nudging why Kaesong was closed. That is why it the rest of the world, the North Korean other foreign governments and finan- was closed by South Korea, because regime and its benefactors continue to cial institutions to work within the they traced the money back from this obtain hard currency to advance their sanctions regime. The lack of a Senate- industrial facility. The 45,000 employ- illicit weapons programs. confirmed appointee in this position ees who weren’t making all the wages One way the North Korean Govern- undermines the Treasury Department they were paying, a lot of that money ment finances its nuclear program is and our efforts to build international was being siphoned off from the hard- by laundering money in banks outside coalitions to target terrorism and fi- working people of North Korea and of North Korea—banks that until this nancial crimes. given to the government and then used legislation have not been subject to I am pleased the Senate is poised to to fund weapons of mass destruction, secondary U.S. sanctions. This bill will pass the North Korea Sanctions En- nuclear proliferation. This effort that change that situation. It gives the forcement Act and increase the pres- was used to try to unify the peninsula, Obama administration the ability to sure on the North Korean regime, but I to employ people, to find economic effectively cut off offending banks from think it would make sense at the same partnerships and opportunities was in- the international financial system. time to confirm the person, Adam stead used by Kim Jong Un to further When faced with this prospect, I be- Szubin, who will be responsible for en- the building of billion-dollar rockets lieve prudent actors in China and other forcing those very sanctions. Wouldn’t it make sense for the Senate to while his people starved, to further the parts of the world will cast aside those strengthen Treasury’s hand as they efforts of nuclear tests while his people in North Korea who have supported its work to make the sanctions as effec- are tortured. nuclear activity. I certainly hope so. This bill attempts to break through Let me also mention a provision I tive as possible? Adam Szubin was nominated on April that curtain of silence in North Korea, have added during the Foreign Rela- 16, 2015—301 days ago. Although the providing ways to effectively commu- tions Committee’s consideration of the Senate Banking Committee held a nicate with the people of North Korea, bill. It is an amendment that makes hearing on his nomination back in Sep- to show them what the outside world clear that the new and powerful sanctions this bill authorizes will not come tember, the committee still has not ad- has to offer in freedom and opportunity vanced that nomination to the Senate at the expense of those American fami- if they were to escape the regime in the floor. No one doubts Mr. Szubin’s quali- lies still searching for their loved ones reign of Kim Jung Un. I think the clo- fications for the position. At his nomi- sure of the industrial complex in who served in the Korean war and who nation hearing, Chairman SHELBY Kaesong is one further example of the have never come home. I especially want to thank a New called him eminently qualified. steps South Korea is being forced to Mr. Szubin has served in both Repub- Hampshire advocacy organization—the take as a result of these militant ac- lican and Democratic administrations. Coalition of Families of Korean and tivities and provocative activities out He has bipartisan support in this body. Cold War POW/MIAs—for working with of North Korea. When we are all here—Republicans and me on this important provision. The I see Senator SHAHEEN of the Foreign Democrats—talking about the need to coalition, led by Portsmouth’s Rick Relations Committee is joining us in increase the pressure on North Korea this debate today. She was an active Downes, expressed concerns that the in order to deny Pyongyang the remember of the sanctions debate on new sanctions in this legislation could sources it is using to develop nuclear North Korea. I thank the Senator for inadvertently hinder efforts to find the weapons and the missiles it needs to being on the floor today, and I yield more than 7,800 Americans still unac- target the United States, shouldn’t we the floor. counted for from the Korean war. Obvi- be supporting a nominee whose job it is The PRESIDING OFFICER (Mr. ously, no one here wants to interfere to do this exact work? FLAKE). The Senator from New Hamp- with this mission, and I am happy this I think the Senate needs to vote on shire. final bill explicitly exempts POW/MIA Mr. Szubin’s nomination without fur- Mrs. SHAHEEN. Mr. President, I am accounting efforts from these new ther delay. I know he has the support happy to join my colleague, also from sanctions. of the chairman of the Senate Foreign the Senate Foreign Relations Com- NOMINATION OF ADAM SZUBIN Relations Committee. As I said, he has mittee, CORY GARDNER from Colorado, Mr. President, I want to raise one bipartisan support in this body, and it in support of the North Korea Sanc- concern that I do have as we are head- is very disappointing that we can’t tions Enforcement Act. This is legisla- ing into a vote on this bill; that is, the move him at the same time we are tion that will help hold North Korea ability of the Treasury Department to moving this bill. I hope the committee accountable for its dangerous weapons identify and target those who should be will change their minds and they will programs. subject to these new sanctions because decide to take up his nomination and I know Senator GARDNER talked that is crucial to the success of this move it so we can ensure that the im- about today’s news, North and South legislation and to our overall North portant tenets that are in this bill to Korea, and in the past month we have Korea strategy. help address what North Korea is doing witnessed a string of actions by the The debate we are having today pro- will actually be enforced. North Korean leadership that has dem- vides yet another illustration of why it Mr. President, I yield the floor. onstrated their determination to ad- is so essential to confirm Adam Szubin The PRESIDING OFFICER. The Sen- vance the country’s nuclear weapons to be Under Secretary for Terrorism ator from Kentucky.

VerDate Sep 11 2014 01:25 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G10FE6.048 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE February 10, 2016 CONGRESSIONAL RECORD — SENATE S789 Mr. PAUL. Mr. President, for some namely, provide the President with the States on more than 85 campuses, 5 of time now power has been gravitating power to simply claim any nonspecific which are located in North Dakota. from the legislature to the President. national security claim to waive sanc- Thank you to the more than 20 bipar- Many in Congress, including myself, tions. tisan Senators, including Indian Af- have been critical of the President’s Congressional critics of the Presi- fairs Committee Chairman BARRASSO overreach. However, Congress bears dent’s use of national security waivers and Vice Chairman TESTER, who joined some of the responsibility and some of to end Iranian sanctions should decide me in introducing a Senate resolution the blame in that this body continues now that they have no leg to stand on designating this week as National Trib- to abdicate and transfer our power to should a future President do the exact al Colleges and Universities Week. the President. Nowhere is this more ob- same thing with North Korean sanc- This resolution received unanimous vious than in foreign policy. tions and decide to remove them with- support in the Senate last week, as it During the debate over the Iranian out congressional approval. There are should. It shows that Native American agreement to end sanctions, many con- two examples of that—Clinton has al- issues and the support for education gressional voices lamented that these ready done this, and so did George W. are part of this country’s treaty and sanctions were enacted by Congress Bush. trust responsibilities, and it continues and should not be unilaterally ended by I propose that Congress take back to be a bipartisan issue. While we too the President without congressional their power. I propose that Congress often hear about the hardships Native approval. As many observers noted, not cede power to the Presidency, so I communities face due to the geo- Congress has only itself to blame. For therefore ask unanimous consent to graphic isolation and insufficient ac- decades now, Congress has granted the call up my amendment numbered 3301, cess to resources, we should also high- President national security waivers to which is at the desk. My amendment light those who are doing great work just about anything. These allow the would remove national security waiv- to build future leaders and a future Executive to do what they want, to ter- ers and give Congress its power back generation of leaders across Indian minate sanctions or continue spending where it belongs. Country. We see so much of that hap- without any new vote of Congress. The PRESIDING OFFICER (Mrs. pening today at tribal colleges and uni- A good example was when Egypt was ERNST). Is there objection? versities. overtaken by a military regime. This Mr. GARDNER. Madam President, Tribal colleges and universities act was not a democratic government. This reserving the right to object. as unique community institutions that became a military junta. Our laws on The PRESIDING OFFICER. The Sen- work to strengthen tribal nations and foreign aid said Egypt should no longer ator from Colorado. make lasting differences in the lives of American Indians and Alaska Natives. receive foreign aid if they are not a Mr. GARDNER. Madam President, I The tribal community colleges, tech- democratically elected government. thank the Senator from Kentucky for nical schools, and 4-year institutions Yet the President continues to give his passion on this issue. We took great plant resilient seeds of hope by sus- foreign aid to Egypt because he simply care in making sure we devised a sanc- taining Native languages and building uses a waiver we wrote into the legisla- tions bill that was strong in terms of trusting and important tribal econo- tion. its effect on North Korea and that it It is a mistake to continue to grant mies. eliminated any of the shortcomings of Supporting tribal colleges and uni- so much power to the Presidency, and the sanctions we faced when dealing versities both upholds our trust respon- by doing so, we have abdicated our own with Iran. sibility and provides much needed re- power. For decades now, Congress has I certainly agree with the Senator sources for students. Signed into law in granted the President national secu- from Kentucky when he said that we 1978, the Tribally Controlled Commu- rity waivers on just about everything. faced a President willing to grant nity Colleges Assistance Act supported The waivers are so flimsy and open- broad relief from sanctions in terms of tribally chartered institutions of high- ended that all he has to do is write a national security waivers, and that is er education to help uphold the Federal report, claim that it affects national why we were very careful in making Government’s unique relationship with security, and then he can do whatever sure we constructed case-by-case waiv- federally recognized Indian tribes. he wants. Congress then complains ers in this act, the North Korea act. Today, TCUs like Turtle Mountain that the President is overreaching. Yet The President must investigate and ex- Community College and Sitting Bull we give him that very power. plain to Congress that there are no College in my State of North Dakota Looking back at the North Korean broad grants or wide swaths of discre- provide educational resources to Na- sanctions, we find that President Clin- tionary ability to waive the sanctions. tive students who otherwise surely ton removed sanctions by using the na- As I said, there are mandatory inves- would go without. tional security waiver that Congress tigations with mandatory reporting re- But tribal colleges and universities provided him. Furthermore, about a quirements, and so I object. don’t simply educate Native students. decade later, President George W. Bush The PRESIDING OFFICER. Objec- The American Indian Higher Education did the same thing, relieving sanctions tion is heard. Consortium, a national network of this against North Korea by taking advan- Who yields time? country’s TCUs, estimates that be- tage of national security waivers. Mr. GARDNER. Madam President, I cause of the schools’ often rural loca- When we jump ahead to the Iran suggest the absence of a quorum. tions, more than 15 percent of the stu- agreement, we find President Obama The PRESIDING OFFICER. The dents attending these tribal colleges using national security waivers pro- clerk will call the roll. and universities are also non-Indian. vided by Congress to unilaterally re- The bill clerk proceeded to call the Tribal colleges and universities offer peal Iranian sanctions without con- roll. students access to a well-rounded edu- gressional authority. In fact, President Ms. HEITKAMP. Madam President, I cation from an accredited institution Obama has utilized congressionally ask unanimous consent that the order that provides knowledge and skills provided loopholes 40 times to remove for the quorum call be rescinded grounded in cultural traditions and Iranian sanctions. Everybody com- The PRESIDING OFFICER. Without values, including the all-important plains, and now we are going to do the objection, it is so ordered. education in indigenous languages. same thing. We are going to write a Ms. HEITKAMP. Madam President, I This enhances Native communities and sanction bill with the exact same ask unanimous consent to speak for up enriches both tribes and the United boilerplate language that we had in to 10 minutes as in morning business. States by preparing students to suc- previous sanctions bills, which will The PRESIDING OFFICER. Without ceed in their academic pursuits as well allow the President the leeway to end objection, it is so ordered. as to enter a global competitive work- the sanctions if he desires. NATIONAL TRIBAL COLLEGES AND UNIVERSITIES force. When we fast-forward to these new WEEK The results have been telling. In the North Korean sanctions before us, the Ms. HEITKAMP. Madam President, 2012–2013 school year, 75 percent of new sanctions bill does exactly what today I rise to honor 37 tribal colleges graduates earned degrees, with 22 per- previous sanction bills have done; and universities operating across 16 cent earning certificates. But while

VerDate Sep 11 2014 01:53 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G10FE6.050 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S790 CONGRESSIONAL RECORD — SENATE February 10, 2016 this success is admirable, the tribal great, as the young woman I spoke changes we need to see in Indian Coun- colleges and universities have been with earlier said. try. hindered by chronic underfunding. Al- So I am very proud of the work we Thank you, Madam President. though the Federal Government pro- have done to support the tribal col- I yield the floor. vides funding to some minority-serving leges. We need to do more. If we truly The PRESIDING OFFICER. The Sen- institutions at levels equal to $30,000 want to change the outcome and the ator from Alaska. per student, tribal colleges receive lit- paradigm for Indian people and for In- Ms. MURKOWSKI. Madam President, erally a third of that. When we look at dian children, we must invest in Indian I wish to comment on the statements average numbers, it is around $6,700 per education, and that goes all the way that have been made by my colleague student. Tribes and tribal colleges and from our Head Start programs all the and friend from North Dakota, who has universities have consistently figured way up to our programs for higher edu- been an amazing leader, a very strong out how to do more with less, but Con- cation. leader here in the Senate since she came, trying to shine a spotlight on gress should not shy away from its I want to give one last story. This issues particularly surrounding our Na- Federal responsibility. past summer I attended the STEM edu- I wish to speak about my experience cation program for Native Americans tive American and Alaska Native chil- this morning meeting with a number of at the University of North Dakota, and dren. We are working together on a mis- tribal students. We can give all of these I met with a group of young people who sion that really does help to drill numbers and the critical importance of talked about the difficulty of down—to find those best supports that making this kind of education acces- transitioning from the reservation into we possibly can for these children who sible, but what we will never see is the a major university—talking not so in so many instances have been left be- much about the challenges academi- hope and the opportunity in the eyes of hind. these students. I can’t do that for my cally but about the challenges of lone- The Senator from North Dakota colleagues here. I can only tell their liness, the challenges of the first time spoke about our tribal institutions and stories. leaving what they knew and being the our tribal colleges as that next step to I met a young woman who served our first generation in their families to ac- launch our young people successfully, country in the military and after 10 tually attend a 4-year college. One while recognizing that we have oppor- years went home and discovered the young man said that he was so home- tunities to grow and do better by our opportunity to learn more about her sick and so shocked by the change in tribal colleges. I had an opportunity culture and the opportunity to get an culture that he wanted to go home. I just yesterday to be visited by some education at the tribal colleges. She said: Well, did you? He said: No, I students from Ilisagvik College, a said she wished she had known earlier. called my mom to tell her that I want- small facility located in Barrow, AK. I She probably would have gone to col- ed to go, and she told me she would had a chance to meet with two stu- lege at the tribal college at Sitting knock me upside the head if I came dents, Olive and Jillian, from a very Bull first before she joined the armed back. A brave mother—so he said he small village called Atqasuk. One de- services. did what his mother asked him to do, scribed what it was like as a young stu- I met another young woman who told and he was graduating with a degree dent who wants that education—but me of her early life of abuse and ne- in, I think, geology or some applied just the idea that one would go hun- glect. She said that after having two science. dreds of miles away to the big city in children and really no hope, she found That young man had a mother who Fairbanks or Anchorage to pursue an a tribal college. In that tribal college kept him in that school. Many young education was simply not possible—and she found not only an opportunity for people in Indian Country today do not how these students have been given op- advancement and the dream and the have that kind of inspiration, and the portunities in ways that perhaps they hope of becoming a lawyer someday, great distrust people have for the out- and their families never dreamed pos- but she found a family. She described side world gets embedded. So these sible. the faculty and the staff and the other tribal colleges help prepare these stu- So I stand with my colleague, as we students as the family she had never dents for the next step. They are crit- have stood shoulder to shoulder on so had. ical for maintaining the cultural sig- many of these issues that impact our I talked to another young woman, nificance, critical for maintaining the Native children, our young people, who is 18 years old and literally home- pride that people have in who they are their futures, and their opportunities, less. She sleeps on a friend’s couch. The as a people, and then building on that and recognizing that education can be only family she has to nurture her is for self-awareness, building on that for that key to a better life and a better her tribe and the tribal college. She self-economic opportunity. path forward. tells me—her words were this: I will be I am proud to represent five great in- Ms. HEITKAMP. Madam President, great. She would not have that hope, stitutions of higher learning in my will the Senator from Alaska yield for she would not have that belief, and she State that are representative of the a question? would not have that vision if she didn’t tribal colleges and universities. Ms. MURKOWSKI. Certainly. have access to education. She is going Finally, I wish to talk about the Ms. HEITKAMP. Madam President, to be a nurse. And I can tell you she is wonderful men and women who run there is no better partner for me in already great, from what I have heard. those institutions and what they do. this quest than the great Senator from So the stories go on and on and on. These are people with Ph.D.s. These the State of Alaska. We have spent so Because of the involvement in the are people with amazing degrees who much time relating and recounting our tribal college at Spirit Lake Reserva- could go anywhere, and they continue experiences in visiting with Native tion, we have a student now, who, for to provide leadership to their people. Alaskans or, in my case, American In- the first time, graduated with an engi- Without their leadership and their sup- dians, talking about the challenges and neering degree from one of our 4-year port, these children would not have talking about what needs to happen institutions. He started out at a tribal these opportunities. These returning and how we need to shed a light on not college—first engineer ever from that vets would not have these opportuni- only the despair, so that we all are mo- tribe. ties, and these older-than-average stu- tivated for change, but how we need to These are messages of hope in a dents, with the challenges in their shed a light on the gratefulness and the world that all too often is a world of lives, would not have these opportuni- great spirit that is happening. I know despair, a world of neglect, a world of ties. that my great friend has had those sit- abuse, a world of challenges for young So please join with me in recognizing uations where you just wonder how re- people. But a tribal college gave them tribal colleges and universities but also silient a young girl can be who experi- the foundation, the connection to their to take a look at the disparities in ences these kinds of challenges and culture, the connection to a family and terms of reimbursements that these this kind of abuse to come back and a group of people who cared about tribal colleges and universities incur, say: This is going to be a great future. them, and an opportunity for some- and let’s make this investment. This is So I wanted to thank the Senator thing better—an opportunity to be an investment in the lives and the from Alaska for her strong and abiding

VerDate Sep 11 2014 01:53 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G10FE6.060 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE February 10, 2016 CONGRESSIONAL RECORD — SENATE S791 and great commitment to all the peo- sign of weakness. He seems to fancy boxes of seeds from North Korea. There ple of Alaska, and I want to thank her playing Washington off against Beijing, was a box that came in with over 5,700 for her partnership. and neither capital can afford him that plant crop seeds from that hermit Ms. MURKOWSKI. Madam President, luxury, lest North Korea make fools of kingdom. Just last month, North I certainly appreciate the value of our both. Korea signed the Svalbard Treaty, giv- partnership, and I know that we have a China has a major role to play in ing North Korea access to the Svalbard great deal of work ahead of us. showing Mr. Kim the light. Mr. Kim Islands. Madam President, I come to the floor wants the world to believe that he is We have also heard that North Korea today to express my support for the smarter than all of us, and I would sug- has made use of the Northern Sea North Korea Sanctions Enforcement gest that it is not in Beijing’s interest Route to assist with shipments to Rus- Act and the substitute that we will be to offer him a porous border. The sia. I put this out there because what- voting on later this afternoon. United States and our allies have been ever reason there may be that North It is fair to say that the people of patient enough with the carrot. We Korea signed on to this Svalbard Trea- Alaska take great interest in this leg- talk a lot about the carrot and stick ty and whatever the reason may be for islation, and it is not simply an intel- when it comes to engagement. But this its newfound interest in the Arctic, the lectual interest. It stems from our ge- Senator suggests that we have been pa- point is that when the regime in North ography, quite simply. At its closest tient enough with the carrot, and now Korea sees that it is in its best inter- point, Alaska is 3,100 miles from North it is time to try the stick. ests to cooperate internationally, there Korea. Let me put that in context with The sanctions bill that we are consid- is a willingness to engage. But to this where we are here. The distance be- ering today is intended as a serious point, they have not shown a willing- tween Washington, DC, and my home- wake-up call to Mr. Kim’s government. ness to engage when it comes to their town of Anchorage is 3,370 miles. So The sanctions are severe and they are nuclear and ballistic missile pro- Alaska is actually closer to North targeted at those who enable Mr. Kim’s grams—at least not to any reasonable Korea than I am to my home when I regime to conduct business abroad. level of engagement where the terms am working here in Washington, DC. They are also intended as a wake-up are not dictated by the North Korean We are talking about the main popu- call to Mr. Kim’s advisers, who enjoy a regime. lation center in Anchorage and in the pretty comfortable status quo, thanks Here we are today. We have a bill on Mat-Su Valley area in south central to their leadership positions. But life is the floor directed to North Korean eco- Alaska, which is about 3,600 miles from going to be a little bit tougher under nomic sanctions. It is not about an in- Pyongyang. Perhaps it is a little longer our sanctions regime, if we advance vasion or the use of offensive weapons than a North Korean missile can travel this—no more luxury goods, no more against the people of North Korea. It is today or even in the near future, but it creature comforts, and, if we are suc- about bringing about peaceful change, seems to me that North Korea is com- cessful, no more access to hard cur- firmly and respectfully. mitted to advancing its nuclear capa- rency—no exceptions. In that vein, let me acknowledge bilities. Its covert nuclear tests and This is an important shift for our that the people of North Korea are a the so-called satellite launch that we government with regards to North proud, nationalistic people. Like all of saw over the weekend appear to be pur- Korea. As I mentioned, out of geo- the world’s peoples, they wish to be re- poseful steps in that direction. graphic necessity I follow develop- spected by others. Yet they are gov- Just to give a little vignette about ments in North Korea very closely, and erned by an intolerant and a very per- how Alaskans pay attention to North I have since I came to the Senate. I plexing regime that tolerates hunger Korea—we all go around and visit have had the opportunity over the and poverty when it is clear that there schools around our respective States— years to spend time with U.S. officials are other choices. I was at a middle school and I had an who have assumed the very difficult If the people of North Korea were al- eighth grader ask me a question. When role of trying to conduct diplomacy lowed to look across the border they asked what was on anybody’s mind, with North Korea. Almost without ex- would see an example of prosperity. what do you want me to know about, ception, they have advised, when talk- They would see a strong commitment and how can I be a better representa- ing about North Korea, to choose re- to traditional values. They would see tive for you back in Washington, DC, spectful language, to avoid threats, to family members with whom someday the first eighth grader that raised his find ways to allow one’s words and they would hope to reunify. hand said to me: Senator MURKOWSKI, one’s sincerity to penetrate. We are None of the world’s nations are out what are you doing in Washington now at that point where some are say- to deny North Korea the opportunities about this Kim Jong Un guy? This is an ing quite strongly that this respectful for that prosperity, traditional values, eighth grader. approach hasn’t really gotten us any- and the reuniting of families. But we I am not going to suggest to you that where with this regime. This Senator do rightly demand—and it is legitimate perhaps Alaskan eighth graders are would suggest that we can be and must that we demand—that North Korea be more attuned to politics around the be very firm while at the same time re- a part of the community of nations. world. The reason I raise this is be- spectful. That means that Mr. Kim must aban- cause around the dinner tables back Let me share a couple examples of don these nuclear ambitions. home, people are talking about North some things that many of my col- I believe that it is important that Korea because our geography puts us leagues may not have been aware of. I our Nation be prepared for anything within that range of sight, if you will. had an opportunity this past Sep- that may come our way. My home I use that term loosely, but when look- tember to travel with a couple of my State of Alaska is host to our Nation’s ing at the maps and understanding Senate colleagues to Svalbard, Norway. ground-based missile defense capabili- where Alaska is and where North Korea Svalbard is where one of the world’s ties. I was pleased to read in yester- is and reading the news about what is global seed vaults is located. The seed day’s budget announcement plans to happening with North Korea’s nuclear vault is intended to preserve a wide va- make a $1 billion investment in the intentions, it causes Alaskans to be riety of plant seeds from around the ground-based missile defense system. worried enough to be discussing it at world in the event there might be some Significant investments are also made the dinner table, and eighth graders kind of widespread regional or world- in the Long Range Discrimination are saying: What is going on? It is real wide crisis that would wipe out local Radar, or LRDR, which is slated for for us. crops and seed. It is nicknamed ‘‘the completion at Clear Air Force Station North Korea’s actions demand deci- doomsday vault.’’ by the year 2020. That radar is exactly sive action here in Washington, DC, in I had an opportunity to go into this what the words imply—a radar that Beijing, and at the United Nations. The vault and just observe what various na- will enable our missile defenders to Washington Post editorial just yester- tions have sent to the top of the world take a really good long look and better day noted that the Obama doctrine of up there. In that vault we saw one of discriminate between threats and junk. strategic patience is no longer an op- the few instances of North Korean I am also pleased to know that the tion. Mr. Kim seems to view that as a international cooperation. We saw United States is working through the

VerDate Sep 11 2014 01:53 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G10FE6.062 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S792 CONGRESSIONAL RECORD — SENATE February 10, 2016 placement of missile defense batteries later, North Korea conducted its first viduals who have materially contrib- in South Korea. underground nuclear test. uted to North Korea’s nuclear and bal- These investments provide an incre- These hostile acts prompted the U.N. listic missile program. ment of protection, but the truth is Security Council to adopt, under Chap- I also think it is important to pause that they are second-best to a change ter VII, Resolution 1695—condemning here to notice that, unlike North Ko- in attitude coming out of Pyongyang. the missile launch—and Resolution rean autocrats who have imposed their That is truly what I hope we will 1718—demanding that North Korea re- will on the North Korean people by achieve through this sanctions vote frain from further nuclear tests and sending vast numbers to forced labor today. imposing sanctions on the regime. camps and early graves, the United Thank you, Madam President. Once again, in 2009, North Korea car- States’ sanctions are directed only at I yield the floor. ried out a virtually identical pairing of those who facilitate violations of inter- Mr. HATCH. Madam President, today rocket and nuclear tests. In April of national law. I wish to steadfastly support the North that year, the rogue state launched a In sum, North Korea’s repression is Korea Sanctions and Policy Enhance- three-stage Unha-2 rocket. One month indiscriminate. Our sanctions are foment Act of 2016. later, Pyongyang conducted another cused on punishing the guilty. Accord- Before I discuss the merits of this underground nuclear test. This second ingly, the junior Senator’s legislation critical legislation, however, I wish to round of nuclear and rocket tests elic- requires the administration to identify congratulate the author of the Senate ited U.N. Security Council Resolution human rights abusers in North Korea version of this act, the junior Senator 1874, which expanded sanctions, inten- and direct sanctions against them. The bill also addresses one of the from Colorado. The bill he crafted will sified inspections to prevent prolifera- growing threats to our nation: cyber reinvigorate our Nation’s efforts to tion, and barred further missile tests. thwart North Korea’s continued devel- Unfortunately, Pyongyang was not attack. Therefore, the administration opment of nuclear weapons and bal- deterred and repeated its weapon and is tasked to devise a strategy to con- listic missile technology. In addition, rocket pairing in late 2012 and early front and counter North Korea’s cyber attacks against the United States. It it seeks to further protect our Nation 2013. Specifically, in December 2012, the also directs the executive branch to from cyber attack and begin to hold re- newly installed Kim Jung-un ordered designate sanctions against those responsible those who have committed the launch of another Unha-3 rocket. human rights abuses against the people sponsible for these belligerent acts. Two months later, North Korea con- This is an important piece of legisla- of North Korea. ducted another underground nuclear tion which tightens the ring of deter- I also wish to commend the chairman test. The U.N. Security Council re- rence against a regime that continues and the ranking member of the Senate sponded in kind with Resolution 2087— to defy international law. This bill’s Foreign Relations Committee for strengthening sanctions related to the objective is not to needlessly interfere working together to shepherd this bill missile launch—and Resolution 2094— in the affairs of a foreign nation; rath- through their committee with strong tweaking sanctions related to North er, it is to provide a tool to force an ag- bipartisan support. Korea’s nuclear program. gressor into compliance with inter- Once again the Senate turns its at- In addition to the now-cyclical pair- national law and to deter North Korea tention to confront one of the most ing of rocket launches and nuclear from committing hostile acts not only atrocious regimes of the modern era: tests, North Korea has assumed the against the United States and its al- the so-called Democratic People’s Re- role of a petulant child in a variety of lies, but also against the North Korean public of Korea—or North Korea. In- other areas. For example, North Korea people. I urge the prompt passage of stead of working to create the workers’ has directly violated both the Korean this legislation. paradise, which is purported to be one Armistice Agreement and article 2 of Mr. REED. Madam President, today I of the autocratic regime’s primary ob- the U.N. Charter by taking kinetic join my colleagues in supporting the jectives, millions have starved as part military action against South Korea. North Korea Sanctions and Policy En- of North Korea’s policy of placing the In 2010 alone, North Korean forces hancement Act of 2016. This legislation military first. sunk a South Korean patrol ship—ac- will send a strong message to the But make no mistake, the threat cording to a multinational commission North Korean regime that there are posed by North Korea is not an incon- that investigated the incident—and consequences to its dangerous and de- sequential concern about the domestic separately fired artillery rounds at a stabilizing activities on the Korean pe- affairs of a distant land. On January 6, South Korean island, killing two Ko- ninsula. Just in the past month, North the regime conducted a subterranean rean Marines and injuring 17 others. Korea has conducted its fourth nuclear nuclear weapons test, claiming to have North Korea has also been guilty of weapon test and launched a satellite detonated a hydrogen bomb for the repeated acts of proliferation to rogue into orbit, both of which violate sev- first time. Even Russia decried the test states around the world. The Wash- eral United Nations Security Council as ‘‘a flagrant violation of inter- ington Post and the New York Times resolutions. The bipartisan bill before national law and existing UN Security reported that, in 2004, Libya received us makes clear that Congress will not Council resolutions.’’ uranium hexafluoride of suspected tolerate the North Korean regime’s Then, this past weekend, the North North Korean origin. Similarly, the Of- continuing and flagrant violations of Korean satellite launched on Sunday fice of the Director of National Intel- international law. passed almost directly over the sta- ligence revealed that North Korea as- This bill is comprehensive and ad- dium where the Super Bowl was played sisted the Assad regime in constructing dresses a number of important con- an hour after the game, according to a nuclear reactor in northern Syria cerns. First, it prohibits defense express reports. This hostile act is even that Israeli forces destroyed in 2007. ports to North Korea and withholds more disconcerting when we remember I recite this partial history so that foreign assistance to those govern- that the technology to launch such a there is no misunderstanding. North ments that provide lethal military satellite into orbit is virtually iden- Korea earned international condemna- equipment to the government of North tical to what is required to launch an tion not merely for its recent trans- Korea. Second, it codifies and makes intercontinental ballistic missile with gressions, but for countless bad deal- mandatory important cyber security a warhead. ings over the last decade. Unfortu- sanctions under Executive Orders 13681 Unfortunately, these provocative nately, previous U.N. resolutions and and 13694 that are essential to coun- acts are only part of a recurring pat- the sanctions imposed by our own gov- tering North Korea’s dangerous cyber tern orchestrated by North Korea over ernment have not achieved the desired attacks, like the one perpetrated the past several years. result of terminating North Korea’s re- against Sony Pictures Entertainment The pattern of closely pairing a nu- calcitrant activity. in November 2014. Third, it includes clear test with rocket launches began That is why the junior Senator of sanctions on individuals who know- in 2006, when the regime fired seven Colorado’s legislation is so important. ingly engage in the serious human ballistic missiles, including the long- It provides our sanctions with greater rights abuses that are perpetuated by range Taepo Dong-2. Three months teeth. It mandates sanctions on indi- the regime against its own people.

VerDate Sep 11 2014 01:53 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G10FE6.063 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE February 10, 2016 CONGRESSIONAL RECORD — SENATE S793 I would like to commend my col- We know sanctions can work because we are to achieve our longstanding leagues from the Banking and Foreign they have before. In 2005, the U.S. mission to end the North’s nuclear Relations Committees who have Treasury Department froze $24 million weapons program. Certainly, sanctions worked to move this legislation for- in North Korean accounts important to are far preferable to preemptive mili- ward. It is critical that we use all of the regime at the Banco Delta Asia tary force, which I strongly oppose. our diplomatic and legal resources to bank. As a result of this action, which In addition to sanctions, the U.S. further restrict North Korea’s ability was taken pursuant to authority Con- must work with the few nations that to fund its nuclear weapons and bal- gress provided in the USA PATRIOT have diplomatic and economic rela- listic missile programs. Act, the North Koreans returned to the tionships with North Korea—namely I urge my colleagues to support adop- six-party nuclear talks. They stayed at China—to pressure Kim Jong Un to tion of this important legislation. the talks until the frozen assets were stop threatening the stability of the re- Ms. COLLINS. Madam President, I released 2 years later. gion and join the community of na- wish to speak in support of the North The bill we are considering today re- tions. While China may have been a Korea Sanctions Enforcement Act. quires the Department of the Treasury steadfast ally of North Korea’s in the Last week, North Korea launched a to reevaluate whether North Korea past, China now has far more shared in- space satellite into orbit in direct vio- should be considered a primary money- terests with the U.S. than with lation of U.N. sanctions. Last month, laundering concern, which would per- Pyongyang. It is time to make resolv- North Korea tested its fourth nuclear mit the President to enact the same ing the Korean peninsula conflict a top bomb since 2006. North Korea’s steady type of sanctions that brought the diplomatic goal in terms of our own re- march toward expanding its nuclear ar- North Koreans back to the negotiating lationship with China. senal continues unabated. Even more table 10 years ago. I urge the Treasury I am pleased to see that the sanc- troubling is North Korea’s willingness Department to complete this review as tions bill includes a waiver to allow hu- to sell its nuclear and ballistic missile quickly as possible so that the Presi- manitarian organizations to deliver technology to the highest bidder, as dent has at his disposal the full array much needed relief to ordinary North demonstrated by its previous coopera- of options to persuade, coerce, and ef- Korean citizens and authorizes $2 mil- tion with Iran. fectively contain the dangerous North lion for humanitarian assistance. Sanc- The North Korea Sanctions Enforce- Korean regime. tions come at a cost, and we must do ment Act is an appropriate and timely I thank Chairman CORKER and Rank- everything possible to make sure the measure to expand U.S. sanctions ing Member CARDIN for bringing this North Korean people—who already suf- against not only North Korea, but also measure to the floor, and I thank Sen- those that facilitate North Korea’s il- fer so much under Kim Jong Un—do ator GARDNER and Senator MENENDEZ licit and nefarious activities. In doing not pay an even greater price. as well for their extensive work on this While I will be necessarily absent for so, this legislation will deliver the legislation to address the nuclear the expected bipartisan passage of the message to the North Korean regime threat posed by the erratic and unsta- that its continued development and bill, I strongly support the North ble North Korean regime. ∑ proliferation of nuclear weapons, mate- Korea sanctions legislation. I urge my colleagues to support this Mr. SULLIVAN. Madam President, rial, and delivery systems will not be vital, bipartisan legislation. today the Senate will vote on the tolerated. ∑ Mr. SANDERS. Madam President, At the same time, the United Nations North Korean Sanctions and Policy En- the totalitarian state of North Korea is Security Council must address this hancement Act, a bill I am proud to co- becoming more belligerent by the day. issue with the same sense of urgency, sponsor with my colleague from Colo- In January, the country detonated its unity, and commitment that the House rado, Senator CORY GARDNER. This leg- fourth nuclear bomb since 2006—which has shown and the Senate will dem- islation mandates new sanctions on onstrate in passing this bill later the North Korean military claims was North Korea’s ballistic missile and nu- today. a small hydrogen bomb. Just last week, clear program, targets cyber criminals First, U.N. member countries must the country launched a rocket carrying and officials involved in censorship, fully understand and implement the a satellite into space, foreshadowing and addresses the regime’s long history many existing sanctions against North the possible development of a long- of human rights abuses. Korea already on the books. Unless range ballistic missile capable of deliv- The recent rocket launch and the they do, the sanctions will never work. ering a nuclear payload. According to fourth nuclear test by North Korea last The United States has minimal trade National Intelligence Director James month is a stark reminder that it is a with North Korea, whereas China, a Clapper, North Korea recently ex- rogue state, under unstable leadership permanent member of the U.N. Secu- panded a uranium enrichment facility that will stop at nothing until it fully rity Council, accounts for 70 percent of and restarted a plutonium reactor that realizes its nuclear ambitions. The cur- all of North Korea’s economic trade. could start recovering material for nu- rent policy of ‘‘strategic patience’’ has Yesterday, a new report released by a clear weapons within months or even yielded nothing more than a flagrant panel of U.N. experts found that North weeks. I am deeply concerned by these testing of American resolve around the Korea continues to evade international actions. globe and a weakening of our Nation’s sanctions because the sanctions have We must exhaust every diplomatic credibility. North Korea’s recent been seldom implemented, and some option we have to pressure North provocations have acknowledged that countries do not fully understand their Korea to abandon its nuclear weapons reality. Congress must act and do so obligations under the relevant U.N. Se- program, halt its aggressive military loudly. Now, more than ever, we need curity Council resolutions. In other in- posturing with South Korea, and ad- to send a message to North Korea that stances, there is simply a lack of polit- here to the tenets of international reassures our allies, forewarns our ad- ical will to enforce the sanctions. This human rights law. That is why I versaries, and puts the world on notice. has to stop for sanctions to be effective strongly support the bipartisan effort This legislation accomplishes that. against North Korea. to strengthen sanctions on the rogue Ms. MURKOWSKI. I suggest the ab- Second, the U.N. Security Council North Korean regime. sence of a quorum. must adopt new sanctions to dem- These sanctions are an important The PRESIDING OFFICER. The onstrate to the North Korean regime tool in resolving the growing threat clerk will call the roll. that further violations of U.N. sanc- from Pyongyang. The legislation before The senior assistant legislative clerk tions will not be tolerated. Even the Senate would help prevent North proceeded to call the roll. though North Korea has continued to Korea from obtaining goods or tech- Mr. INHOFE. Madam President, I ask evade sanctions for the past decade, nology related to nuclear weapons, ban unanimous consent that the order for the response at the United Nations foreign assistance to any country that the quorum call be rescinded. should be to identify the ways to make provides lethal military equipment to The PRESIDING OFFICER. Without sanctions more effective and targeted North Korea, and target the country’s objection, it is so ordered. rather than to walk away from sanc- trade in key industrial commodities. Mr. INHOFE. Madam President, we tions entirely. These steps are absolutely essential if have a very significant vote coming up,

VerDate Sep 11 2014 01:53 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G10FE6.025 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S794 CONGRESSIONAL RECORD — SENATE February 10, 2016 and people are not talking about it as rights abuses, money laundering, coun- question that Mr. Kim’s intentions are much as they should. We had a hearing, terfeiting, or undermining cyber secu- adverse to the well-being of our coun- and, of course, the Chair was there at rity, this bill demonstrates America’s try. As a citizen of the western United the hearing, where we had James Clap- resolve in holding North Korea respon- States and a Senator representing per talking about the threat that we sible for its actions, along with those nearly 40 million people in California, are faced with here in the United countries, organizations, and individ- this is all very alarming, and it should States. uals who are assisting them. alarm the world. James Clapper—just to remind peo- Of course, it is very significant that If you take stock of North Korea’s re- ple—has been around as the chief intel- we go ahead and move forward with cent actions and their capabilities, the ligence director or involved with intel- this, get this passed today, and send a cause for concern is apparent. On Janu- ligence in hearings in Washington for very clear message, not just to North ary 6 of this year, North Korea deto- 43 years. This guy knows what he is Korea but to all of those countries who nated its fourth nuclear device. Re- talking about. He made a statement might be tempted to be trading with gardless of whether it was a hydrogen yesterday that we have never been in them that they could be subject to the bomb or not, Mr. Kim’s intention is as high of a threat position in all of the same sanctions. clear: he seeks a nuclear arsenal. 43 years that he has been there. With that, I yield the floor. Unfortunately, the measures the In fact, there was an article released The PRESIDING OFFICER (Mr. international community have adopted yesterday where it was stated that TOOMEY). The Senator from Tennessee. to date have been insufficient to stop ‘‘North Korea had expanded its produc- Mr. CORKER. Mr. President, I know him. In October of 2006, the North Ko- tion of weapons-grade nuclear fuel, we have a little shift taking place, but reans first detonated a device which making clear that the Obama adminis- I thank Senator INHOFE for his staunch had an estimated yield of less than 1 tration now regarded the reclusive gov- national security support and certainly kiloton. In May of 2009, they detonated ernment in Pyongyang, rather than support of this legislation. I appreciate a second device, roughly 2 kilotons. In Iran, as the world’s most worrisome his comments, and I think we are going February 2013, they detonated a third nuclear threat.’’ to have a successful day today in doing device, 6 kilotons to 7 kilotons, and the That threat is real. We all recall something that is important. one this year was the fourth. I would when Kim Jong Un replaced his father, I think you know the administration not be surprised if their most recent and as bad as his father was, he was at has tried to work with the U.N. Secu- test had a greater yield than the last. least a little more dependable in terms rity Council to get them to impose Not only have North Korean weapons of predictability than Kim Jong Un. sanctions, as you would think they become more lethal, but their stock- Just yesterday it was reported that would wish to do. China has been the pile has likely increased over time. Ac- he killed the chief of his general staff. holdup there. You would think as a cording to a February 2015 analysis by It was a year ago that he did the same next-door neighbor they would be most the Institute for Science and Inter- thing. So if someone disagrees with apt to want sanctions and other ac- national Security, North Korea has be- him, they execute him. tions to be put in place to push back tween 15 and 22 nuclear weapons. By Under the leadership of Kim Jong Un, against North Korea. the end of 2014, and they could have 20 North Korea has repeatedly violated This is something that is important to 100 nuclear weapons. That is deeply Security Council resolutions regarding that we are doing in a proactive way, troubling, especially as North Korea weapons of mass destruction and the and hopefully it will spur other actions continues to make advances in their means to deliver them. Since assuming down the road. missile program. power in 2012, his regime has conducted Mr. INHOFE. Will the Senator yield? Again, experts at the Institute for satellite launches in December 2012, Mr. CORKER. I yield to the Senator. Science and International Security and in February 2016 continues to de- Mr. INHOFE. It was January 7 of 2013 have warned that North Korea likely velop it’s ballistic missile program. It that I was there on the DMZ. That is has the capability to mount a nuclear has conducted missile tests from sev- the largest active DMZ that is out warhead on its medium-range missiles. eral launched locations, and he has there now—160 miles long, 2 miles wide. Most of Japan and all of South conducted nuclear tests in February of Even at that time, we were talking Korea, each of which hosts tens of 2013 and January 2016, so he just con- about the necessity of immediately thousands of U.S. military and civilian tinued all the way through it. All of getting sanctions in there to stop the personnel, are easily in range. And just these things are in violation of the threats. Because our intelligence— this past weekend, they again tested an U.N. Security Council resolutions. while it can be good and it cannot be so ICBM under the guise of placing a sat- North Korea also continues to be in- good, still there is speculation that ellite in space. According to various re- volved in criminal activities around they had that capability, and that ca- ports, North Korea tested a three-stage the world to include cyber attacks pability has to be stopped. likely Taepodong–2 rocket, which, in against organizations and govern- I applaud the Senator and his team fact, did place a satellite into orbit. ments. This bill that we are going to be for moving forward with this issue. Again, to me, the intention is clear. considering—the passage of the North Mr. CORKER. I thank Senator They want to build a missile capable of Korea Sanctions and Policy Enhance- INHOFE. I think most Americans, un- reaching the United States. ment Act that we will be voting on— like my colleague, don’t realize we still An ICBM on a launch pad is vulner- toughens the sanctions against North have 28,500 troops there. It is an area able to attack. So to evade this vulner- Korea by authorizing comprehensive where easily something can get out of ability, North Korea appears also to be sanctions against countries, compa- hand. So, again, I thank him for his developing a road-mobile ICBM, the nies, and individuals who engage in support and for being here today. KN–08, which it is estimated can reach certain trade with North Korea. I know Senator FEINSTEIN now has the United States. This is something that is a fairly re- the floor. I yield to our distinguished In April of this past year, ADM Bill cent attempt to get compliance with colleague, Senator FEINSTEIN. Gortney, the head of the North Amer- the arrangements that are being made The PRESIDING OFFICER. The Sen- ican Aerospace Defense Command, by saying to a country: If you continue ator from California. said: ‘‘We assess that it [the KN–08] is to do business in North Korea, then we Mrs. FEINSTEIN. Mr. President, I operational today’’ and that the mobile will have sanctions against your coun- thank the chairman very much. I want nature of the KN–08 makes it a difficult try. Senator CORKER to know that I fully target. This is something that has worked to support his committee’s recommenda- Gortney also said: ‘‘Our assessment a degree in Iran. It is a system that tion and believe the time has come to is that they [the North Koreans] have should be set up, and we will have the enforce and place some sanctions the ability to put a nuclear weapon on opportunity to do that this afternoon. against North Korea. a KN–08 and shoot it at the [U.S.] If anyone engages in trade with I think we all judge the world’s lead- homeland.’’ North Korea, as well as those deter- ers based on their actions and their It is not just the nuclear weapons and mined to be responsible for human stated intentions. To me there is no missile program that give me pause. In

VerDate Sep 11 2014 01:53 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G10FE6.064 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE February 10, 2016 CONGRESSIONAL RECORD — SENATE S795 the last several years, North Korea has clear power in its neighborhood. Yet I would say that there is probably no committed highly provocative acts. China continues to provide the fuel, one here who focuses more on prolifera- North Korea chose to sink a South Ko- food, trade, and international protection and ensuring that rogue coun- rean naval vessel in 2010, killing 46 sol- tion that sustains Mr. Kim’s govern- tries—and actually some that aren’t diers. It has shelled South Korean is- ment. even so rogue but that have rogue con- lands and planted mines along the DMZ In my meetings with China’s Ambas- stituents within their countries—don’t that maimed South Korean soldiers. It sador Cui in Washington, DC, I have ex- continue to proliferate by sharing in- has undertaken sophisticated cyber at- pressed to him that China can and formation, sharing technology, and tacks against U.S. companies, Sony must do more. I have tried to impress sharing assets with other countries. So Pictures, and South Korean banks. upon him that a nuclear-armed North I thank him for his contribution in Previously, North Korea walked Korea, with ever-increasing weapons, is bringing this bill to the floor today, away from the 1994 Agreed Framework not in China’s security interests. and I look forward to his comments. and withdrew from the Nuclear Non- The United States cannot sit in si- I yield the floor. Proliferation Treaty. Most recently, it lence in the face of North Korea’s ever- The PRESIDING OFFICER. The Sen- has repeatedly flouted U.N. Security advancing nuclear and missile pro- ator from Massachusetts. Council resolutions and proliferated grams. For some, Iran has been a big Mr. MARKEY. Mr. President, let me weapons of mass destruction tech- threat. For me, reading the intel- begin by thanking the chairman of the nologies. ligence and seeing the progress over Foreign Relations Committee, the gen- With respect to its own human rights the years of North Korea’s nuclear ar- tleman from Tennessee, for the focus record, a 2014 United Nations Human senal, I believe North Korea is a very he has brought to these issues of nu- Rights Council report makes clear that serious threat to the well-being of this clear proliferation and for his great North Korea’s leaders should be pros- country. We must protect and reassure service to our country, having all of ecuted for crimes against humanity. our allies in the region. That may in- our people understand the threats that The United Nations has found that clude placing more advanced missile can come from Iran, from North Korea, North Korea is committing systematic, defenses, both in South Korea and and from other places across our plan- widespread and gross human rights vio- Japan, as well as closer trilateral mili- et. It is the ultimate issue. If we get it lations against its own people. The retary cooperation with these countries. wrong, the consequences will be cata- gime selectively distributes food to The fact that the North Korean Gov- strophic. So I thank the chairman for privileged individuals and routinely ernment has resisted international continuing to have the hearings and uses starvation to punish dissent. Tor- overtures and condemnation leaves us continuing to develop legislation that little choice. So I come to the floor ture, forced disappearances, and inhu- focuses our people on this issue. We are today to support the North Korea mane detention conditions are routine. the global leader. We have to set the Sanctions and Policy Enforcement Act In the past, the regime even jailed example for the rest of the world to fol- of 2016. This bill will impose mandatory three generations of dissidents on the low. I thank him for his great leader- sanctions against North Korean per- concept of guilt by association. In its ship on these issues. sons and entities involved in weapons prison camps alone, the United Nations The sanctions in this bill represent a of mass destruction development, de- estimates that hundreds of thousands firm response to North Korea’s latest livery, and proliferation; serious of dissidents have died. nuclear test on January 6 and to its human rights abuses; trade in luxury One anecdote from the U.N.’s report launch of a long-range rocket last goods; money laundering; smuggling; demonstrates the total and diabolical weekend. These brazen actions remind and narcotics trafficking. This legisla- suffering put upon the North Korean us of the serious threat Pyongyang tion alone, though, will not cease people under this regime. Ordinary Ko- poses to global and regional security North Korea’s illegal activities. How- reans must go to extraordinary lengths and underscore the urgency of ending ever, it is the beginning of a more com- to survive, including prostitution, North Korea’s nuclear and missile pro- prehensive response to North Korea’s theft, and smuggling. grams. A U.N. investigator was told of an in- increasingly dangerous behavior. Together with our international I thank the chairman and his com- stance when a woman was pulled off a partners, we must be vigilant against mittee for bringing forward this legis- train, and a dead, small child—no more North Korea’s development of boosted lation. I certainly intend to support it. than 2 years old—was strapped to her nuclear bombs which would allow Kim I thank the Senator. back. State security suspected the I yield the floor. Jong Un’s regime to shrink its weapons woman was smuggling copper but could The PRESIDING OFFICER. The Sen- and load them onto missiles. And we find no evidence. After interrogating ator from Tennessee. must unequivocally convey to North the woman for some time, they asked Mr. CORKER. Mr. President, I want Korea that any proliferation of nuclear her to place her child on a desk before to take one moment to thank Senator technologies to other countries will them. The woman then broke down and FEINSTEIN, who knows so much about lead to the gravest of consequences. began to cry. the intelligence around this and has North Korea’s nuclear and missile When she finally placed the quiet, spent a great deal of her Senate career programs violate numerous U.N. Secu- dead child on the desk, the officials no- making sure she does, and she under- rity Council resolutions. Those include ticed its stomach was red. They then stands China probably as much as any Resolution 2094, which required North opened the child’s stomach and found Senator here. She has been involved in Korea to abandon ‘‘all nuclear weapons about 2 kilograms of copper inside. To all kinds of bilateral meetings and dis- and existing nuclear programs’’ and survive, this woman was forced to cussions and has led the Senate in imposed sanctions to pressure Kim to smuggle copper in her own dead child’s many ways in understanding what is return to disarmament negotiations. stomach. No mother anywhere on happening within the country. So her These measures have not yet persuaded Earth should be forced to such ex- comments—especially today with this Kim to abandon his nuclear ambitions, tremes. important piece of legislation—are cer- in part because major gaps remain in When it comes to the international tainly well-received and appreciated. the sanctions regime, particularly its response to North Korea and its pro- Again, we thank her for what she does enforcement by China. vocative behavior, I very much regret to help keep our country safe and for In 2009 the Security Council imposed that China has not seen fit to do more. her diligent efforts on the Intelligence a conventional arms embargo on North In my view, China, in its size and capa- Committee. Korea, but China insisted on a loophole bility, has the ability to rein in North I know Senator MARKEY is next in allowing North Korea to import ‘‘small Korea and is probably the only country line to speak. Before he does, I wish to arms and light weapons.’’ North Korea in the region that can do so. thank him for his contributions to has exploited this loophole to continue North Korea’s nuclear test facilities making this bill better. He amended its lucrative international trade in are close to China’s border. Just like the bill. I think he has other amend- conventional arms. According to the Japan and South Korea, China’s secu- ments he would like to see happen at U.N.’s own council of experts on North rity is threatened by an unstable nu- some time. Korea, this trade remains ‘‘one of the

VerDate Sep 11 2014 01:53 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G10FE6.066 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S796 CONGRESSIONAL RECORD — SENATE February 10, 2016 country’s most profitable revenue their money in companies that do busi- we have maximum communication. We sources.’’ North Korea is especially ness with North Korea. The prospect of could have an accidental nuclear war. well known for purchasing light weap- American companies investing in It could happen. We have to make sure ons from China, which it then sells to North Korea is quite real. One Amer- that is avoided. other countries for cash. ican company, Firebird Management, Mr. President, I yield the floor. Although North Korea’s arms exports has publicly declared its intention to The PRESIDING OFFICER. The Sen- violate U.N. sanctions, the Chinese invest in North Korea’s oil industry. ator from Tennessee. companies that sell the arms in the That is why I introduced another Mr. CORKER. Mr. President, I think first place get off scot-free. The in- amendment in committee that would Senator CAPITO is on her way down and volvement of Chinese companies in require companies that issue securities is the next speaker. While we have a North Korean arms smuggling is part in the United States to annually dis- moment, I want to thank Senator of a larger pattern of China’s lax en- close any investments in North Korea GARDNER in his presence. And on an forcement of nonproliferation sanc- to the Securities and Exchange Com- issue that is important to not just our tions against North Korea. mission. This requirement would not security but the world’s security, I As Assistant Secretary of State Tom impose any regulatory burden on com- thank Senator MENENDEZ for taking Countryman acknowledged in a For- panies that do not invest in North leadership in the way that he has and eign Relations Committee hearing last Korea, but those companies that do for working with Senator GARDNER, May and again in December, Chinese should have that information made Senator CARDIN, and me to make sure entities continue to sell technologies public because the American people de- we ended up with something that I be- to North Korea that could assist in its serve to know which American compa- lieve is going to receive warm support. development of nuclear-capable bal- nies are investing in North Korea. These are issues he has been concerned listic missiles. China’s efforts to clamp Again, I hope to strengthen this bill about for a long time. He has not only been concerned about them, he has down on these activities remain feeble down the line by incorporating that re- shown leadership in putting together at best. quirement. If the United States is to continue to We know that sanctions are not an policies to combat them. Senator provide extensive assistance to China’s end in and of themselves; rather, they GARDNER knows and said earlier that nuclear power industry, China must in are meant to pressure the Kim regime even though this is a step—we all know return crack down on those who enable to return to disarmament negotiations. it is a big step, really, especially with North Korea’s nuclear provocations But at the same time, as we pursue the U.N. Security Council unwilling to and its weapons-smuggling networks. that critical goal, we must work to re- take actions in light of the violations that have occurred. There is going to The United States must also take ac- duce the risk that North Korea will use be a lot of diligence that will be nec- tion on our own. That is why I worked its nuclear weapon, whether delib- essary to get in what we want to get in, to include an amendment in this bill erately or through miscalculation. that will impose sanctions on anyone First and foremost, we must make but this is certainly a significant step, who facilitates North Korea’s arms clear to Kim that his regime will not and I thank him for his efforts. The PRESIDING OFFICER. The Sen- trade, including Chinese corporations. survive any use of nuclear weapons. We ator from New Jersey. My provision will further reduce North must also reduce the risk of Kim lash- Mr. MENENDEZ. Mr. President, I Korea’s access to revenue, undermine ing out in desperation. If he comes to thank the chairman. Earlier when the its international arms smuggling, and believe that we intend to destroy his chairman couldn’t be on the floor, I put pressure on Kim to return to nego- nuclear weapons in a preventive war, thanked him for his leadership in the tiations. he will face pressure to ‘‘use them or committee, for creating an environ- We must also put financial pressure lose them.’’ Thus, even as we work to ment that is bipartisan. At a time in on North Korea by designating the deter Kim, we must establish a means which bipartisanship in the Senate is a country as a ‘‘primary money laun- of communicating during crises to continuing challenge, it is particularly dering concern.’’ This would allow the avoid the risk of accidental nuclear important in foreign relations—some- Treasury Department to exclude North war. Ensuring deescalation at the same thing that I tried to set out when I was Korea from using the dollar-based fi- time as we pursue deterrence and a chairman. I appreciate the way his nancial system. The use of this des- denuclearization will not be easy. Nev- leadership has led the committee so ignation in 2005 against the Banco ertheless, given the devastating con- that we could have moments like this Delta Asia in Macao disrupted North sequences of nuclear war, it is critical and of course Senator GARDNER, who Korea’s access to revenue and led one that we take a comprehensive ap- has very graciously worked together North Korean negotiator to admit that proach. with me to bring a moment of what I ‘‘you finally found a way to hurt us.’’ Without additional sanctions, Kim hope will be an overwhelmingly, maybe North Korea is one of the leading will never disarm, but without a means unanimous vote in the Senate, because counterfeiters of U.S. currency. It uses of controlling escalation, we could one when we do that we send an incredibly front companies to hide its illicit earn- day wake up to a nuclear disaster that strong message throughout the world. ings from trade in narcotics, weapons, no one wants and everyone would la- We generate leadership, where we may and proliferation technologies. Al- ment. We should work on a continuous not see the will at the United Nations, though the Treasury has designated 18 basis to make sure that—in the same particularly because of the Security financial institutions and 4 countries— way the Soviet President and the Council’s structure and the vetoes that including Iran—as primary money President of the United States were exist on things like sanctions. Inevi- laundering concerns, it has never des- able to communicate to reduce the tably, when we have led as a country, ignated North Korea. For this reason, I likelihood that we would have an acci- we often get the world to join us and filed an amendment in the Foreign Re- dental nuclear war, we have to make follow it, but sometimes it needs you lations Committee—which I will work sure we have done everything in our to lead. to include in the final version of this power to accomplish the same goal That is what I believe the Senate is bill—that would require the Treasury with the North Korean Government, doing today with an incredibly strong Secretary to determine on an annual whether we like them or not. piece of legislation that, as I said ear- basis whether North Korea is a primary I want to compliment the chairman, lier, was the most comprehensive strat- money laundering concern and to pro- the Senator from Colorado, and the egy set to try to deal with the chal- vide Congress with information about Senator from New Jersey for their lenge that is North Korea itself. I ap- that determination, as well as any fi- great work on this legislation. It is preciate the chairman’s words and his nancial restrictions that result from it. going to be a long struggle to ulti- leadership. Just as we protect the international mately deal with that regime. I think I yield the floor. financial system from North Korea’s we will have to return to it over and The PRESIDING OFFICER. The Sen- counterfeit currency and money laun- over again, but I think, as we are going ator from South Dakota. dering, we must protect American in- forward, it is critical—through the Chi- Mr. ROUNDS. Mr. President, I ask vestors who may unknowingly invest nese or through others—to make sure unanimous consent to be allowed to

VerDate Sep 11 2014 01:53 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G10FE6.068 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE February 10, 2016 CONGRESSIONAL RECORD — SENATE S797 speak as in morning business for up to My opposition is not based on dis- Dakota because right now they don’t 10 minutes. agreement over Internet access. We have to collect that sales tax or the use The PRESIDING OFFICER. Without need it. We should make it available. tax for products that are being deliv- objection, it is so ordered. My opposition is based on the principle ered into the State. Brick-and-mortar TRADE FACILITATION AND TRADE ENFORCEMENT that we are taking away important businesses have that requirement. BILL revenue sources for State and local Right now Main Street businesses are Mr. ROUNDS. Mr. President, I rise to governments without any means for operating under a disadvantage. MFA voice my opposition to an upcoming them to recoup their losses so they can would level the playing field. These cloture vote on the conference report continue to provide essential services brick-and-mortar stores are the busi- for the Trade Facilitation and Trade to our communities. nesses that provide good-paying jobs in Enforcement Act, commonly known as Let me explain why sound and com- South Dakota, pay local property the Customs conference report. This prehensive tax policy is so important taxes, sponsor community baseball vote is expected tomorrow. and why ITFA and MFA should con- leagues, and send their kids and While I am supportive of the continue to be a package deal. If the Presi- grandkids to South Dakota schools and ference report as it relates to the Cus- dent signs a Customs conference report invest in the future of our State. toms legislation, added to the bill at into law in its current form with ITFA We have an opportunity to level the the last minute is a measure known as attached to it, municipalities in my playing field for them, rather than the Internet Tax Freedom Act or ITFA home State, South Dakota, will lose picking winners and losers so they can for short. ITFA would put in place a $4.3 million in revenue annually. That continue to be successful and enrich moratorium to permanently prevent is a revenue they rely on to fund essen- the lives of South Dakotans. Let’s let State and local entities from imposing tial services, such as training for fire- the States and local governments de- existing sales and use taxes on Internet fighters and police officers, mainte- cide how to manage their finances. services. nance for parks, upkeep of community Under MFA, South Dakota would In the past, I have expressed my sup- centers and libraries, and repairs to bring in approximately $25 million in port for ITFA as long as it was tied to critical roads and bridges. new tax revenue, which would more the Marketplace Fairness Act, or MFA, Without any way of recouping the than make up for the losses under which would allow State and local gov- loss, local leaders will be forced to ITFA. If we pass ITFA without MFA, it ernments to collect sales and use taxes make a tough decision to cut those im- dramatically decreases the chance of from online retailers without a phys- portant services to the community or MFA being passed in the years to ical presence within their State. to raise other taxes. Why is Wash- come, which is a huge blow to the In South Dakota, this is a matter of ington making this decision? mom-and-pop businesses who are strug- fairness to the families who own small In addition to municipalities losing gling to compete with online vendors. businesses and support our local com- out on important funds, the State of MFA passing the Senate without munities. They collect sales taxes on South Dakota would also lose out to ITFA is unlikely dead on arrival in the their products and on their services. the tune of $9.3 million annually. House. ITFA would see a similar fate if Internet sales providers are not re- Maybe in Washington DC we don’t care not dumped into the Customs con- quired to provide a collection service about $9.3 million, but in South Dakota ference report. It would not pass the for those States for services or prod- they do. Well, we don’t balance our Senate alone. There is simply no evi- ucts that are being delivered into those budget, but every single State out dence to suggest that either measure States. It requires congressional action there or just about every State does. would pass as stand-alone legislation, in order to allow them to accomplish When we step back in and we tell but together sound tax policy would this. them we are going to unilaterally take move. Pairing these plans would have been away one source of revenue, but we That is why it is so important that a net benefit for States, local govern- still expect them to provide the serv- ITFA not be implemented without also ments, and small business owners who ices, it seems to me we are moving in implementing the Marketplace Fair- are already required to collect sales the wrong direction. We don’t have the ness Act. Together the two can make a and use taxes on their products and luxury of South Dakota punting. We real impact on the lives of South Dako- services. Together they would rep- are required to balance our books every tans and all Americans by providing resent sound tax policy, but that is not year. At the State and local level, permanent tax relief to South Dakota what we are doing with the Customs every single dollar counts. families, leveling the field of play for conference report by including ITFA Singled out, it is not right for the brick-and-mortar businesses that are and not including the Marketplace Federal Government to dictate State contending with an increasingly com- Fairness Act. and local budgets, as the ITFA part of petitive online marketplace and at the ITFA, enacted by itself, would put in the conference reports attempts to do, same time assure State and local gov- place a moratorium to permanently to cut a State and local revenue ernments can continue to provide es- promote State and local entities from source. sential services to their constituents imposing taxes on Internet services at It is unfair to States like ours, which while balancing their budgets. That is the State and local level with no con- operate under tight budgets and something we could learn a lot about. sideration or offset for the tax revenue stretch every dollar to the maximum. Because the Customs conference report lost by States or local governments In fact, in South Dakota we aren’t includes only ITFA and fails to address that already collect many of these overtaxing. Our State burden is the MFA, I will open oppose cloture on this taxes. second lowest in the Nation. We don’t legislation, and I encourage my col- I am all for cutting taxes, but I am have an income tax. We rely on a very leagues to join me. also a strong proponent for the Tenth broad sales tax. That is the way our Mr. President, I yield the floor. Amendment and local control and tax people have wanted to do it. That is The PRESIDING OFFICER. The Sen- fairness for South Dakota businesses. why conventional wisdom in this body ator from Indiana. In places like South Dakota, we are ac- and elsewhere has always been the Mr. DONNELLY. Mr. President, tually pretty good at balancing budg- ITFA, which would stop taxing the cost today the Senate will vote on legisla- ets. In fact, we are required do it every of Internet services, would be paired tion to significantly expand sanctions single year. Washington has no busi- with the MFA—the Marketplace Fair- against North Korea in response to the ness telling States or city commis- ness Act—because MFA lets State and country’s dangerous provocations in sioners how to run their books. local governments recover the losses recent months. This legislation has my ITFA has zero impact on the Federal from ITFA. strong support. In light of North Ko- budget, but it really impacts States MFA would make certain that Main rea’s recent actions, it is time we act and local communities. I believe ITFA Street businesses aren’t at a competi- decisively and call on the international paired with the Marketplace Fairness tive disadvantage to companies that community, particularly the U.N. Se- Act continues to make sense. One with- have no physical presence, employees curity Council in China, to do the out the other does not. or investments in States such as South same.

VerDate Sep 11 2014 01:53 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G10FE6.070 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S798 CONGRESSIONAL RECORD — SENATE February 10, 2016 On January 6, North Korea conducted sources to the Missile Defense Agency, missiles might not yet be able to reach a nuclear test involving the under- and to fulfill our commitment to key the continental United States, but ground detonation of a nuclear weapon. allies. We must continue to advance American servicemembers stationed in One month later, on February 7, they MDA’s efforts to deploy additional sen- South Korea and Japan and tens of effectively conducted a long-range mis- sors and to improve the reliability and millions of innocent lives are menaced sile test under the guise of a satellite effectiveness of ground-based intercep- by the threat of weapons of mass de- launch. Just yesterday in the Senate tors. struction in the possession of an ag- Armed Services Committee, Director of This has the potential to be a pivotal gressive regime with little regard for National Intelligence James Clapper moment for the international effort to what the world thinks of it. testified that North Korea has ex- counter North Korea’s nuclear pro- The Arms Control Association notes: panded a uranium enrichment facility gram, but the United States must lead ‘‘North Korea has been a key supplier and restarted a plutonium reactor ca- the way. Strategic patience has worn of missiles and missile technology to pable of providing fissile material for thin, and it is time to act, by expand- countries in the developing world, par- nuclear weapons. ing tough sanctions, by strengthening ticularly in politically unstable re- Together these actions point to a our missile defense programs, and by gions such as the Middle East and dangerous trend of advancing and ex- calling on the international commu- South Asia.’’ The recipients of such expanding North Korea’s nuclear weapons nity—and especially China—to act re- pertise are said to be Pakistan and program. While the antics of Kim Jong sponsibly and decisively in the face of Iran, among others. In fact, American Un and his cronies may seem out- the threat Kim Jong Un poses to global intelligence judged the Syrian nuclear landish, the threat posed by North security. reactor destroyed by the Israeli Air Korea should be taken seriously. Mr. President, I yield the floor. Force in 2007 to have been constructed Though open-source assessments cast The PRESIDING OFFICER. The Sen- with North Korean assistance. doubt on Kim Jong Un’s claim that he ator from Kansas. Equally worthy of attention is the detonated a hydrogen bomb in Janu- Mr. MORAN. Mr. President, the pend- brutal treatment by Kim Jong Un’s re- ary, the fact remains North Korea testing legislation to enact tougher sanc- gime of its own people. Just 2 years ed a nuclear weapon that caused a tions on North Korea is a welcome de- ago, the U.N. Human Rights Council magnitude 5.1 earthquake. velopment as Congress once again be- published a report concluding that Though the satellite North Korea gins to assert its role in defending na- ‘‘the gravity, scale, and nature of these fired into space spent yesterday tum- tional security and curtailing the violations reveal a State that does not bling in orbit and it may be unusable, growing number of nuclear weapons have any parallel in the contemporary the fact remains that according to around the globe. world.’’ South Korean officials, if the rocket In the decade since North Korea’s It would be disingenuous to stand launched by North Korea on Sunday first successful nuclear test, the threat here and place all the blame on the were successfully reconfigured as a of nuclear proliferation has not dimin- President or the administration. North missile, it could fly more than 7,400 ished. The United States concluded an Korea is one of the most difficult na- miles. That is far enough to reach the agreement with Iran that leaves its nu- tions in the world to understand and shores of the United States. clear infrastructure in place, causing regional complexities make it difficult Although North Korea has never test- others in the region to declare their to find a solution. ed a long-range ballistic missile capa- own interest in obtaining nuclear North Korea took advantage of lapses ble of delivering a nuclear warhead, weapons. in American resolve during both the there can be no question that Kim Pakistan’s nuclear arsenal is the Clinton and Bush administrations by Jong Un is intent on building up a nu- fastest growing in the world, and it conducting its first nuclear test in 2006. clear arsenal capable of striking the continues to destabilize the region Nevertheless, it is obvious to me that a United States. through its ties to terrorist organiza- change in approach is necessary. ‘‘Stra- In my role as ranking member of the tions. North Korea continues to build tegic patience’’ has been exhausted. Strategic Forces Subcommittee, I was its nuclear stockpile and its ability to Stronger measures are necessary. in South Korea last July. I listened to deliver future weapons. While the ideal approach is to work in the input of General Scaparrotti, the In all three of these circumstances, concert with the U.N. Security Coun- commander of U.S. Forces Korea. I Congress has been the source of pres- cil, we cannot afford to wait for con- heard from our servicemembers at sure on these nations by enacting sensus on punitive measures from the Yongsan and Osan, and I sat with tougher sanctions on Iran, placing a U.N. that may never come. South Korea’s Defense Minister to dis- hold on security funding for Pakistan, The legislation that the Senate will cuss our shared interests and the im- and now this legislation today builds pass today in a strong, bipartisan fash- portance of this critical alliance. I on those previous efforts. The results ion seeks to compel Kim Jong Un to re- then traveled directly to Beijing to may vary, but as I see it, my col- turn to negotiations. My colleagues meet with Rear Admiral Li Ji of the leagues in this Chamber and in the have written legislation that ensures Chinese Ministry of National Defense. House have been much more proactive sanctions are mandatory—to be waived We had a frank and meaningful con- than the administration in imposing only on a case-by-case basis that re- versation about these topics. Despite costs for failing to adhere to inter- quires a written explanation justifying our many differences, it is not in the national norms. the waiver. interest of either the United States or President Obama’s approach of stra- The secondary sanctions will penalize China to have a nuclear-armed North tegic patience has failed to accomplish those outside of North Korea who as- Korea destabilizing Asia and desta- the objective of bringing North Korea sist in the regime’s nefarious behavior. bilizing the globe with irresponsible back to the negotiating table, and Without China’s support in restricting rhetoric and dangerous actions. there is certainly no agreement by North Korea’s ambition, America and It is my sincere hope that the U.N. them to dismantle their nuclear arse- the world face an uphill battle. Up to Security Council and our international nal and their nuclear program. North this point, China has believed that an partners will follow our lead to expand Korea has tested three nuclear weapons unstable North Korea is more dan- international sanctions against North on the President’s watch, and some ex- gerous than a North Korea with an ad- Korea, applying the lessons we learned perts believe its stockpile could grow vanced nuclear program; therefore, the in blocking Iran’s nuclear program. In to 100 weapons by 2020—from 10 to 15 enforcement of secondary sanctions is the meantime, we must continue to en- weapons today. In addition to nuclear a necessary step to seek cooperation in hance our missile defense systems both weapons, the regime is believed to pos- dismantling their nuclear program. at home and abroad. sess chemical and biological weapons. I am pleased that the bill includes I look forward to working with Sen- North Korea is advancing in missile language to deter and punish cyber at- ator SESSIONS to continue our bipar- technology and has engaged in cyber tacks by codifying sanctions as well as tisan work on the Armed Services attacks against South Korea, Japan, requiring the President to offer a Committee, to provide necessary re- and American entities. North Korean counterstrategy to North Korea’s cyber

VerDate Sep 11 2014 01:53 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G10FE6.072 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE February 10, 2016 CONGRESSIONAL RECORD — SENATE S799 capabilities. The ongoing cyber activi- that would threaten cyber security. that the Air Force has the resources ties are damaging to our security and Perhaps most importantly, the legisla- necessary to develop a new cruise mis- our economy as well as the economy tion urges the administration to des- sile that can defeat modern air defense and security of our friends. The bill ignate North Korea as a jurisdiction of systems for decades to come. also attempts to address the deplorable primary money laundering concern—a We also need to ensure that the Na- treatment of the North Korean people step that would block links between tional Nuclear Security Administra- by their own government. North Korea and the U.S. banking sys- tion has the resources it needs to refur- This legislation is certainly not with- tem. This is a very powerful sanction. bish the warhead that flies on the out risk. China may retaliate in some If someone is doing business with the cruise missile. Letting our bomber and manner, North Korea may become even Kim regime, they should not be doing cruise missile capabilities become ob- more bellicose, and it could very well business with the United States bank- solete would send a disastrous signal to fail to pressure Kim’s regime to sur- ing system. the Kim regime that its nuclear pro- render its nuclear program. Yet it is We need to pass this bill and push the gram has yielded strategic benefits. On painfully clear that the status quo is administration to leverage the power the other hand, modernizing our forces not working and that global security is of the Treasury Department to cut shows Mr. Kim that he will never get a imperiled as our government stands by. North Korea from the international nuclear upper hand in East Asia. Fear of risk and failure will not stop banking system. As I have said, this is The bottom line is that we need a hous from exhausting all peaceful options a very strong and powerful sanction. It listic approach to North Korea. We to curb nuclear proliferation. Every ef- needs to be put in place and then fully need the sanctions that we are consid- fort must be made to convince North enforced by the administration. ering here today in the Senate. We Korea to surrender its nuclear weap- The imposition of sanctions, how- need a strong, strategic deterrent, as I ons. Congress is once again doing its ever, cannot be the end of our North have described. part in the fight against proliferation. Korea policy. As we have seen over the I urge my colleagues to support the Chairman CORKER, Senator GARDNER, past few months, the Kim regime is in- sanctions in front of us to put pressure and the members of the Foreign Rela- tent upon disrupting the East Asian se- on North Korea financially. This needs tions Committee ought to be com- curity environment, threatening both to be a comprehensive, ongoing, sus- mended for their leadership on this the United States and our allies with tained effort. We have to stand strong issue, and I look forward to joining ballistic missiles and nuclear weapons. against our adversaries and stand them in passing legislation later today Sanctions can work, but they must strong with our allies, we have to do it that will put teeth to American diplo- be enforced and they will take time. In consistently, we have to do it over macy. addition, we need to augment these time, and we have to be steadfast. That I suggest the absence of a quorum. sanctions with other steps to limit the is the type of foreign policy that can be The PRESIDING OFFICER. The North Korean threat. effective. That is the kind of foreign clerk will call the roll. First, we should accelerate efforts to policy we need to undertake. That is The legislative clerk proceeded to what we are trying to accomplish with call the roll. develop missile defenses both in East Asia and in the United States. Sanc- this legislation. Mr. HOEVEN. Mr. President, I ask I commend the sponsors of this legis- unanimous consent that the order for tions can curtail progress in North Ko- rea’s nuclear and missile programs; lation who are here on the floor today. the quorum call be rescinded. I further hope that my colleagues The PRESIDING OFFICER. Without however, we must deal with the capabilities North Korea already has. We will support not only this legislation objection, it is so ordered. but critical investments in our nuclear Mr. HOEVEN. Mr. President, I rise in must ensure we are prepared for any bombers and cruise missile forces when support of the pending legislation to further advancements North Korea we consider the annual Defense bills sanction the regime of North Korea for might make before the sanctions take later this year. I am very familiar with its belligerent behavior toward the hold. these systems as the B–52s are based on United States and its neighbors. Today Second, we need to ensure that we Minot Air Force Base in my State. the Senate takes up a bill to increase have a credible and reliable nuclear They provide a tremendous deterrent sanctions on North Korea. force available to deter North Korea and a very important part of the nu- Most Americans would be surprised, I and reassure our South Korean and clear triad, but we have to continue to think, to learn it is still possible to in- Japanese allies. In 2014, and again ear- invest in that nuclear triad—in the crease and strengthen sanctions on lier this year, a nuclear-capable B–52 bombers, in the ICBM missiles, and in North Korea. In fact, while we have flew over the Korean Peninsula to per- our submarine fleet. had certain sanctions on North Korea form this vital deterrence and assur- I believe that both sanctions and a in place for many years, these sanc- ance mission. But to maintain stra- strong military are critical to our nations have never been as strong as they tegic credibility, we must modernize tional security and that of our allies, could be and should be, and that is why our bomber fleet and our nuclear cruise as well as maintaining stability in this we are here today. missiles. potentially volatile part of the world. We are now dealing with a third gen- To bring the Nation’s bombers up to As we have said before, the United eration of dictators in Kim Jong Un, date, the Air Force is embarking on States is the world’s best hope for free- who is proving to be as disastrous as plans to develop a new Long Range dom, for peace, and for security. his infamous father and grandfather, Strike Bomber capable of penetrating advanced enemy air defenses. North Thank you, Mr. President. Kim Il-sung, the founder of the Kim re- With that, I yield the floor. gime. The Kim family has done what- Korea’s increasingly provocative be- I suggest the absence of a quorum. ever it thought necessary to stay in havior underscores our need for a The PRESIDING OFFICER. The power, including use of criminal enter- bomber that can fly over any North clerk will call the roll. prise to raise revenues and engage in Korean target. Now is the time to get The legislative clerk proceeded to systematic human rights abuses to work on the Long Range Strike call the roll. against its own people. Bomber program. Mr. GARDNER. Madam President, I The legislation before us today re- Similarly, we need to upgrade the nu- ask unanimous consent that the order quires the President to sanction any- clear cruise missile carried on the B–52 for the quorum call be rescinded one contributing to North Korea’s bomber. Cruise missiles fired from a The PRESIDING OFFICER (Mrs. weapons program, money laundering distance allow us the option of threat- FISCHER). Without objection, it is so activities, and human rights abuses. It ening North Korean targets without ordered. also requires sanctions on anyone help- flying over North Korean airspace. Mr. GARDNER. Madam President, we ing North Korea raise hard currency This standoff capability is tremen- have heard from a number of col- through the sale of minerals and pre- dously important, but the existing nu- leagues who have come to the floor in cious metals. clear cruise missile is based on 1970’s support of the legislation before us Additionally, the bill requires sanc- technology and is well beyond its in- today, the North Korea sanctions legis- tions on anyone engaging in activities tended service life. We need to ensure lation. Members of both sides of the

VerDate Sep 11 2014 01:53 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G10FE6.073 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S800 CONGRESSIONAL RECORD — SENATE February 10, 2016 aisle recognize the need to address the Korea. China controls a tremendous that the United States and the tri- forgotten maniac in North Korea. number of levers and power in North lateral alliance meet together, includ- We have also heard Members speak Korea. Ninety percent of their eco- ing the Department of State, the De- about a number of firsts that this legis- nomic activities in North Korea can partment of Defense, the intelligence lation contemplates—the first time find their way to some way of subsist- community, and representatives of that this would put in place mandatory ence with China, to create a reliance counterpart agencies in South Korea cyber sanctions for cyber attacks. This on China, an economic reliance that and Japan, so that we can continue to is something that applies, yes, to they have right now. focus our efforts on the trilateral alli- North Korea today but in the future So this legislation will target those ance. could apply to any nation that wishes who are doing too much to empower If you look at the conversations tak- to use its means to attack the United the Kim Jong Un regime and to give ing place today, we have heard our col- States or our businesses. So it is criti- them the money they have used to de- league from Hawaii, Senator SCHATZ, cally important, that piece of legisla- velop missiles and to develop weapons talk about the need for cooperation tion that we are going to pass today of mass destruction. when it comes to THAAD. We talked that can have a lasting impact on the Just to give an example of some of about the concern that our allies, security of this country. the commodity trade that we have neighbors of North Korea, have when it We have also heard from a number of seen, trade commodity sanctions in comes to their air defense systems and Members who have spoken about their this bill would address the issue of rare how they are going to protect them- concern with China. This legislation is earth minerals and coal and steel and selves from a possible missile strike not targeted at China; this legislation other goods that are exported to other from North Korea. Those conversations is targeted at North Korea. We have countries to earn foreign currencies for are continuing. We talked about con- talked about how it is not targeted at the North Korea regime. To give people tinued and extraordinary cooperation the North Korean people but at the rean idea of how much money that is, ex- opportunities we have in sharing intel- gime of Kim Jong Un. The legislation pert estimates put rare earth minerals ligence among the three nations. does everything we can to try to give and steel exports at around $1.8 billion It all comes on the heels of what has the people of North Korea a better way and $245 million respectively. That is a been over the past year—last year, in of life; to try to find ways to commu- lot of money that the regime is cur- particular, with the 70th anniversary of nicate, to break down the silence they rently getting from outside in trading the end of World War II—some recogni- are faced with in this economic depri- these goods. But if that $1.8 billion and tion of the historical complexity in the vation zone; to give them tools, per- that $245 million goes back to build relationship between Japan and South haps radios and cell phone technology weapons of mass destruction, this act Korea. Late last year and early this so they can find out what is happening will begin sanctions. The President is year we saw an agreement entered into beyond the confines of the torturous required to, unless the issue is a very by Japan and South Korea to address regime. But it does have an impact on narrow, case-by-case national security some of those historical complexities. those who try to get around the sanc- issue. There is a mandatory investiga- That agreement was a new step for- tions and the prohibited activities of tion into those activities. So I think ward in cooperation, in terms of work- the legislation—in fact, some of the this is a strong step that is receiving ing through these complexities. strongest language in the legislation, tremendous bipartisan support. That activity was followed shortly whether exporting to or from North With that, I suggest the absence of a thereafter by North Korea’s fourth nu- Korea, whether exporting to or import- quorum. clear test. What a great statement it ing from North Korea goods, raw met- The PRESIDING OFFICER. The was for Japan and South Korea to als, precious materials that can be fun- clerk will call the roll. begin finding solutions to these histor- neled—the money from that funneled The legislative clerk proceeded to ical complexities at a time that per- to weapons of mass destruction and call the roll. haps is needed now more than ever be- other activities prohibited by the legis- Mr. GARDNER. Madam President, I cause of the challenges that their lation. So when North Korea is export- ask unanimous consent that the order neighbor in the north poses to them. ing gold or coal—and we know that for the quorum call be rescinded. While we work together to find ways gold and coal are chiefly responsible The PRESIDING OFFICER. Without to protect our allies and to assure for the North Korean foreign currency objection, it is so ordered. them that our alliance and our com- reserves—then that could be designated Mr. GARDNER. Madam President, we mitment remains stronger than ever, as a sanctioned entity under the legis- have been discussing some of the op- we have to make sure we are con- lation. Perhaps those entities are in portunities to strengthen the alliance tinuing to focus on our trilateral alli- China. between Japan and South Korea and ance and on the efforts we have there. The fact is, we need cooperation with the United States. In the legislation I know the Senator from Minnesota China. We need cooperation with Japan before us today is language that ad- is on the floor. and South Korea. We had that so dresses the trilateral cooperation be- I yield the floor. strongly, and there is a possibility we tween the United States, South Korea, The PRESIDING OFFICER. The Sen- won’t. We have an opportunity for tri- and Japan; that we would seek to ator from Minnesota. lateral alliance—that is cooperation strengthen a high level of trilateral Ms. KLOBUCHAR. Madam President, between the three nations—and that mechanisms for discussion and coordi- today I join my colleagues in support will allow us to work together, to share nation of our policies toward North of the North Korean Sanctions and Pol- intelligence, to share the cooperative Korea; that we would work between the icy Enhancement Act. I commend Sen- efforts and exercises when it comes to Government of the United States, the ator GARDNER for his leadership, as North Korea, and to work with China Government of South Korea, and the well as Senator MENENDEZ, Chairman to help make sure that it is sticking by Government of Japan to meet these CORKER, and Ranking Member CARDIN what it says it wants to do, which is to goals to ensure that the mechanisms for their leadership on this legislation, denuclearize the North Korean regime North Korea is using when it comes to because protecting the American peo- peacefully. I think it is key to our co- nuclear, ballistic, and conventional ple and others in the region from na- operation with China as we work on weapons programs are addressed by the tional security threats like North any number of issues, whether it is three nations; that we address together Korea should, in fact, be our top pri- trade issues, whether it is issues deal- in this trilateral alliance the human ority. ing with the Internet, whether it is rights record, the atrocities of North The reason there is overwhelming bi- issues dealing with the South China Korea, and cyber security threats partisan support for strong sanctions Sea. posed by North Korea. legislation against North Korea is be- Those are things that we continue to It also talks about in the legislation cause there is absolutely no doubt that work with China on and are working to before us that the United States, North Korea is a well-established resolve, but we also have to make sure Korea, and Japan will meet on a reg- threat in the region. North Korea part of that conversation is North ular basis. The legislation encourages threatens global peace and security.

VerDate Sep 11 2014 01:53 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G10FE6.075 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE February 10, 2016 CONGRESSIONAL RECORD — SENATE S801 Experts at the United States-Korea In- This bill puts pressure on North also acknowledges the important work stitute estimate that North Korea has Korea in three important ways. First, of human rights organizations that 20 to 100 nuclear weapons. Since 2006, it requires the President to investigate provide assistance to those suffering in North Korea has tested four nuclear those that help North Korea import North Korea and allows them to con- bombs. goods used to make weapons of mass tinue their lifesaving work. Last month North Korea claims to destruction. All people and businesses China fuels much of the demand for have tested a hydrogen bomb. While involved in helping North Korea obtain North Korea’s human trafficking, and our analysts in the United States are illicit weapons would be banned from they help fund the North Korean re- skeptical that it was in fact a hydrogen doing business with the United States gime. Beyond enacting swift and severe bomb, it was a nuclear bomb all the and would have their assets and finan- sanctions against those associated with same. With each test, North Korea gets cial operations immediately frozen and North Korea’s weapons suppliers, hack- closer to testing a nuclear bomb small their travel restricted. ers, and human rights violators, we enough to fit on a long-range missile— As we work with our allies to track must pressure China to get serious the very same kind of missile that down and bring to justice those who as- about sanctioning the North Korean re- North Korea used over the weekend to sist North Korea in its effort to harm gime. Unless we have China’s help, the launch a satellite into outer space. the United States and our allies, we regime will not truly feel the repercus- That missile has a range of 5,600 miles. must also hit them financially. This sions of its actions. That means that Alaska, California, bill will help to cut off North Korea’s We have come together today across and the rest of the west coast of the funding and further financially isolate party lines in a bipartisan effort to ad- United States is actually within range them. dress the growing threat that North of a North Korean bomb. Our European Second, this bill sanctions those who Korea poses to the United States and allies and Australia are also within attack U.S. cyber security. This bill is our allies. We are united in our belief range of a North Korean bomb. And, of the first piece of legislation to lay out that our national security—and the se- course, Japan and South Korea—two of a framework for sanctions against the curity of our allies—requires a swift our key allies in East Asia—are closest North Korean cyber threat. Combat- and strong response to North Korea to the danger North Korea poses. It is ting cyber terrorism is a key national and those who fund its tyrants. We are in our national security interests to security priority. We must be proactive also united in our belief that we must protect these vital allies. about rooting out those who enable vigorously investigate and sanction It is not just North Korea’s nuclear cyber attacks. those who in any way help North Korea threat that we need to be concerned Lastly, this bill addresses a serious develop weapons of mass destruction about. North Korea funds its weapons human rights crisis in North Korea. and those who seek to undermine cyber regime through human trafficking— North Korea is the most isolated econ- security. something I care deeply about— omy and society in the world. The cur- We must do everything in our power through the production of illegal drugs rent regime exerts total control over to help improve the lives of innocent and selling counterfeit U.S. currency. daily life. Even haircuts are con- North Koreans. That is why I am sup- North Korea is also one of the largest trolled—that is right. Women are al- porting this bill, and I thank my col- suppliers of the arms trade and has be- lowed to pick from 1 of 14 hairstyles, leagues for their leadership—Senator come the bargain-basement emporium and men cannot grow their hair longer MENENDEZ, Senator GARDNER, Senator for old Soviet weapons systems. North than 2 inches. Thirty-two percent of CARDIN, and Senator CORKER. Korea has a pattern of shipping these people in North Korea are undernour- AMBASSADOR NOMINATIONS illegal weapons on to terrorists in the ished, and 34 percent of the population Madam President, I wanted to add Middle East. receives food aid. one more thing. As I try to do every North Korea also threatens our cyber As a Member who has worked exten- day with Senator SHAHEEN, I address security. North Korea’s cyber attack sively to fight modern-day slavery, I the issue of the Ambassadors to Nor- on the Sony Corporation of America in am particularly disturbed by the fact way and Sweden. It has been 864 days 2014, which leaked private communica- that North Korea is also among the since we have had an Ambassador to tions and destroyed the company’s world’s worst human traffickers. The Norway. It has been 468 days since the data systems, cost Sony, an American State Department’s annual report on President nominated Azita Raji to be company, more than $35 million. Why human trafficking consistently rates Ambassador to Sweden. this company? Because the company North Korea as one of the worst human I appreciate Senator CORKER’s leader- produced a movie that mocked North traffickers. The United Nations con- ship on this issue. We are working very Korea’s leadership. siders human trafficking to be one of hard to get these two Ambassadors Last summer North Korea pledged to the three largest criminal enterprises confirmed. These countries are the 11th follow up on its attack on Sony with in the world. The first two are illegal and 12th biggest investors in the more cyber attacks, promising to drugs and illegal guns. United States. Senator CRUZ is the one ‘‘wage a cyber war against the U.S. to Last year I was proud to be the lead holding up the vote on these nomina- hasten its ruin.’’ Democratic cosponsor of legislation tions. We are hopeful that at some America is not the only target for with Senator JOHN CORNYN to fight point we will be able to move ahead. North Korea’s cyber attacks. In 2013, trafficking and help trafficking victims This has been going on way too long. North Korea launched a cyber attack that was signed into law by President They are some of our best allies in on three major South Korean banks, Obama last May. The Justice for Vic- the fight against Russian aggression. and two of South Korea’s largest tims of Trafficking Act tackles traf- Norway actually shares a border with broadcasters were temporarily shut ficking head-on. We are doing work in Russia. We have to be by their side if down after a cyber attack. This cost our own country, but we also need to they take in thousands and thousands South Korea an estimated $720 million. be a beacon for those victims abroad. of refugees. We have talked about the This is real money and real jobs in our Sex and labor traffickers treat North need for a strong Europe. These are the own country and in the countries of Korean men and women like commod- two major countries in Europe that our allies. ities. Yemoni Park, a North Korean don’t have Ambassadors from the We must take strong action to curb woman who escaped after being sold United States. That must change. North Korea’s nuclear program and to into the sex trade and raped at the age Again, I thank Senator CORKER and address the other threats that it poses of 13, has dedicated her life to shining Senator CARDIN for their leadership. to us and our allies. Weak sanctions a light on what she calls ‘‘the darkest Thank you, Madam President, and I against North Korea have proven un- place on Earth’’—North Korea. yield the floor. successful. The legislation before us This bill calls for harsh sanctions Mr. CORKER. Madam President, I today represents the tough response against human rights violators. It calls think Senator CAPITO is next to speak, that is necessary to send this message for mandatory investigations into but I do want to just mention that I ap- directly to North Korean leaders: Dis- those who bankroll North Korean labor preciate the way that Senator KLO- arm or face severe economic sanctions. prisons and sex trafficking rings. But it BUCHAR has worked on the issue of the

VerDate Sep 11 2014 01:53 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G10FE6.076 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S802 CONGRESSIONAL RECORD — SENATE February 10, 2016 Ambassadors to Norway and Sweden, layoffs and more notices devastate We have witnessed recently many and I do think we are on the cusp in West Virginia’s coalfields, West Vir- provocations by the North Koreans. the next 24 hours of that being re- ginia families, and communities. The The ballistic missile test this past solved. I thank Senator KLOBUCHAR for impact on State and local budgets has weekend violates numerous U.N. Secu- her diligence and patience, and with been stark. School boards have an- rity Council resolutions and it threat- that I yield the floor. nounced significant cuts to education ens both the United States and espe- The PRESIDING OFFICER. The Sen- due to the loss of coal severance tax cially our allies in the region. This ator from West Virginia. revenue. This is all across the State. closely follows a nuclear test in Janu- Mrs. CAPITO. Thank you, Madam As bad as the current economic situa- ary—another deplorable action by President. tion is, the Clean Power Plan would North Korea—and missile nuclear I rise today in strong support of the make things worse for families and weapons program proliferation con- North Korean Sanctions and Policy En- communities in my State. cerns that have been the subject of a hancement Act. I commend Senators We know the EPA’s playbook. Earlier lot of discussion in this body. CORKER, GARDNER, MENENDEZ, and this year, the Supreme Court struck I appreciate the drafters and the For- CARDIN for their hard work on this bill, down EPA’s mercury rule targeting eign Relations Committee for moving and I am proud to be a cosponsor. powerplants since the Agency failed to swiftly to deliver a response that in- North Korea poses a serious threat to follow the legal requirements, but be- cludes penalties for the missile launch the United States. Last month, the cause the mercury rule went into effect and the nuclear test. North Koreans tested a nuclear device years before legal challenges were com- I will also mention that North Ko- as they continue to advance their plete, billions of dollars had already rea’s detention of American citizens weapons technology. Just this weekend been invested and many jobs had al- can’t be overlooked. This includes the the North Koreans launched a satellite ready been lost. recent detainment in North Korea of as they work to build a ballistic mis- My ARENA Act has recognized that Otto Frederick Warmbier, who is a sile program. the 29 States and hundreds of other or- third-year college student at the Uni- Cyber attacks launched by North ganizations challenging the President’s versity of Virginia. As we move for- Korea have crippled businesses such as power grab deserve meaningful judicial ward with our strategy on North Sony Pictures and targeted our allies review. My legislation said this rule Korea, we have to prioritize and ensure in South Korea and Japan. The threats could not go into effect until the litiga- the safe return of our citizens who are posed by North Korea will only con- tion is complete—such common sense. I detained there. tinue to grow, and our current policy am very pleased the Supreme Court has A little bit about how destabilizing toward North Korea has failed to pro- agreed with this commonsense position North Korea’s actions are. This recent tect the safety and security of the and recognized the immediate impact test was expected, and it is proof of the American people. of this rule. North Korean grim determination to This legislation takes significant I also want to extend my apprecia- develop nuclear weapons, even if it is steps to deny North Korea’s capabili- tion to West Virginia’s attorney gen- hampering and hobbling their economy ties and to limit the nuclear and bal- eral, Patrick Morrisey, for his leading and causing their citizens to suffer. listic missile programs, to stop cyber role in this case. On behalf of our They have been given warnings that security attacks, and to end North Ko- State, he has headed the legal chal- they shouldn’t do it, but they have also rea’s horrendous human rights viola- lenge against this administration, and been giving warnings to the global tions. Mandatory investigations and last night’s decision is just the latest community that they would. mandatory sanctions are the hallmark legal setback for an out-of-control This is a country that is determined of this legislation. Under this bill, the EPA. to defy a host of U.N. Security Council administration is required to inves- Congress has passed legislation dis- resolutions that ban it from con- tigate the proliferation of weapons of approving of the Clean Power Plan. We ducting nuclear and missile tests. The mass destruction, human rights abuses, sent it to the President and he vetoed international community has been and cyber crimes. When investigations it. A majority of our States are still speaking with clarity about what the reveal misconduct related to these ac- challenging this rule, and the judicial line is: Don’t do this—but North Korea tivities, sanctions are required. branch now seems poised to play its has chosen to proceed. Importantly, this bill will target role in protecting both the separation Kim Jong Un has once again dis- minerals and other items that the of powers and the principles of fed- played a willingness to defy the inter- North Korean regime uses to finance eralism from the administration’s national community—and at such a its weapons programs at the expense of power grab. cost to his people. The economy there its own people. Sanctions under this Increasingly, this lameduck Presi- is absolutely hobbled because of his de- bill would also apply to businesses or dent stands alone as he attempts to sire to be a militaristic leader, but the individuals around the world that help further his climate agenda. The Amer- result is the population of his country North Korea expand its nuclear weap- ican people are not behind him. A ma- is suffering. His strategy to have nu- ons and cyber crime capabilities. jority of Congress has come out against clear, military, and economic develop- Similar legislation imposing sanc- his efforts, and now the Supreme Court ment for his people is not going to tions targeted towards North Korea has raised concerns. work because he can’t have both, and passed in the House last month with a This is an important step toward the legislation demonstrates that these nearly unanimous vote. That is quite having the American people—not an things are impossible by imposing a an achievement. Today I hope this bill unchecked bureaucracy—set our en- significant economic cost. The legisla- will pass by a similar margin and show ergy agenda, and we must continue to tion shows that the United States will that the Senate is united in our resolve fight to permanently block this rule. hold countries and private entities ac- against the security threats posed by I yield the floor. countable for compliance with rules North Korea. The PRESIDING OFFICER. The Sen- and law. CLEAN POWER PLAN ator from Virginia. Kim Jong Un’s backward calculus Madam President, on another impor- Mr. KAINE. Madam President, I also has left his country impoverished and tant note, last night the U.S. Supreme rise to support the North Korea Sanc- almost entirely dependent on China for Court put the Environmental Protec- tions and Policy Enhancement Act of economic trade. Roughly 90 percent of tion Agency’s Clean Power Plan on 2016. It is good to see on the floor col- North Korea’s foreign trade is with hold. This landmark decision will pre- leagues who have worked on this im- China, which is why China can have vent the Obama administration from portant legislation from Maryland, significant leverage over North Korea, enforcing this rule until all legal chal- New Jersey, our committee chair, and but the track record of China using its lenges are complete. the Senator from Colorado. I appre- leverage to curb North Korean activity West Virginia, my State, has lost ciate their efforts and believe this can is very disappointing. We need to con- nearly 10,000 coal mining jobs since be a great example of bipartisanship tinue to pressure China to increase 2009. Nearly every week, hundreds of and near-unanimous agreement. sanctions on North Korea and elevate

VerDate Sep 11 2014 03:33 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G10FE6.078 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE February 10, 2016 CONGRESSIONAL RECORD — SENATE S803 this issue in bilateral discussions with mon way that we can make important Thank you. China. The number of North Korean national foreign policy issues bipar- The PRESIDING OFFICER. The Sen- nuclear weapons could soon approach tisan. He has done that and did that ator from Tennessee. China’s within the next decade, and with the Iran review act in reaching a Mr. CORKER. Madam President, ob- that is a direct threat to regional secu- way that we could bring that together viously I appreciate the comments of rity and global security. in a bipartisan manner. He was very the distinguished ranking member. Our Yesterday, in the Armed Services helpful on the North Korean sanction former chairman, Senator MENENDEZ, Committee hearing we attended, DNI bill that we have on the floor, so I is here; Senator GARDNER, the two of James Clapper stated that North Korea thank Senator KAINE for his contribu- them. We are way ahead in the Senate is expanding its uranium enrichment tions. in many ways in addressing this issue activities, it has restarted plutonium I say to Senator CORKER, I know we prior to these last provocations by production, and it could start extract- are getting near the end of this debate. North Korea. I thank them for that. ing plutonium from spent fuel within a I have been listening to this debate Again, as Senator KAINE mentioned, matter of months. throughout the day, and I think it we are doing it in the best fashion of China can no longer turn a blind eye points out the best traditions of the the United States. Where there are dif- to this. As a permanent member of the U.S. Senate. So many Members have ferences, we worked together to ham- U.N. Security Council, China needs to come to the floor in serious debate mer those out and ended up, as Senator help foster international peace and about the national security challenge CARDIN just mentioned, with a stronger play the role that an international that North Korea presents—not just, as piece of legislation. power on the U.N. Security Council I said, to the Korean Peninsula, not I also commend the House. They sent needs to play. They need to play the just to our allies in East Asia but glob- over a very good bill. They really did. role in additionally advancing or push- ally—and how U.S. leadership is going It was strong. Senator GARDNER and ing for more human rights in North to be vitally important and we are Senator MENENDEZ, with all of us Korea because they have the leverage going to act. working together, were able to broaden The United States is going to act. to do so. We don’t trade with North it out and to deal with some other The Senate tonight is going to pass a Korea. Our leverage system is some- issues that were not dealt with in that very strong sanctions bill, a very what limited, but China, with a 90-per- piece of legislation. strong message bill that we do not in- cent trade share, has that leverage. The fact is, things have occurred tend to sit back and let North Korea The good thing about these sanctions since that legislation passed that have proliferate their weapons of mass de- is that they will sanction the activities caused people to want to put in place a struction. We also don’t plan to sit of Chinese companies and entities that much stronger, much bolder footprint back and let them commit gross viola- are trading with North Korea, and that as it relates to North Korea. tions of human rights. We will not sit secondary sanction effect, I think, has What is amazing—and I appreciated back and allow them to attack our in- the ability to work and put pressure on your comments about Senator KAINE. I tellectual property through cyber secu- don’t think we have a more thoughtful them. rity attacks, and we are going to act as We have seen recently how sanctions or more principled member on our one, united. We are going to act, Demo- can work in another context, in the committee, and I don’t think there is crats and Republicans, House and Sen- Iran context. The architects of the any way the Iran review act would ate. We are going to work with the ad- have occurred without him taking the sanctions policy with Iran are in this ministration. We are going to get this steps that he did to break the logjam room, and they deserve praise because done. Then, yes, we are going to go to at that time. Let’s face it, with some there is no way Iran, a rogue nation the international community. We are important constituents it mattered, that was moving forward to develop going to put pressure on other coun- and it allowed us to move ahead with nuclear weapons, would have ever en- tries. tertained a diplomatic discussion to We know the Republic of Korea is it—obviously, Senator MENENDEZ on try to put limits on that program had with us. We know Japan is with us. the front end and Senator CARDIN as it not been for sanctions that were de- China needs to be with us, and we are the new ranking member. signed to have a strategic and careful going to go and talk to China, explain What is amazing in many ways is effect. So we need to do the same thing and work with them so we can get that North Korea has gotten this far here, and these sanctions do that. international pressure to isolate the along. I mean, it has been through mul- In conclusion, the United States has North Korean regime until they change tiple administrations, differing parties. to undertake a more proactive ap- their course. It is critically important Over the last 20 years, they have just proach to North Korea to address the to our security but also to the people continued to move along. While I think nuclear and ballistic missile programs. of North Korea. I thought this debate our Nation did a very good job in focus- This legislation is good because it not has been in the best tradition of the ing on the problems that Iran was cre- only puts Congress even more firmly U.S. Senate. ating, and Senator MENENDEZ, who is on the record in opposition to North Again, we had the architects, as Sen- sitting beside me, certainly led in put- Korea’s activity, but it also provides ator KAINE pointed out, drafting this ting sanctions in place with Senator the executive branch a more robust set bill. Senator CORKER’s leadership clear- KIRK and others. We moved swiftly to of policy tools to confront the threat ly set the climate in our committee so arrest that. Hopefully, while we had that is posed by Pyongyang. we could have that type of debate. I am disagreements over the content of the This is an example of legislation that sorry no one here could sit in on some actual agreement—and that is rep- came out of the committee—bipartisan of Senator CORKER and Senator MENEN- resented by differences in votes on the and unanimous. It represents the best DEZ’s meetings as they were negoti- agreement itself—it did bring them to of bipartisan foreign policy coopera- ating the specific terms of the bill. the table. What is amazing is that tion, and I am strongly in support of Each had their views, but they listened again they have progressed so far the bill. to each other. They recognized that by along, way beyond where Iran is. Madam President, I yield the floor. listening to each other they could What is also amazing to me is that The PRESIDING OFFICER. The Sen- come out at the end of the day with a China—I am going to be having those ator from Maryland. stronger bill. As a result of our two conversations this weekend with our Mr. CARDIN. Madam President, I colleagues, we were able to reach that counterparts in Munich regarding this first thank Senator KAINE for his input common ground and I think very short- very issue. What is amazing to me is in this legislation and so much other ly we are going to be able to show the you have right on their border this legislation that goes through the Sen- people of in country the best traditions country which is definitely, you have ate Foreign Relations Committee. He of the U.S. Senate on foreign policy to say, a rogue country that is creating is an extremely valuable member of issues. provocations in the region. our committee, a very good thinker, I am very proud to work with Sen- We have all visited the DMZ and have but more importantly he listens to oth- ator CORKER and my colleagues on this seen that we have 28,500 troops who are ers in the committee and finds a com- bill. there to keep peace. They have been

VerDate Sep 11 2014 03:33 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G10FE6.080 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S804 CONGRESSIONAL RECORD — SENATE February 10, 2016 there since 1953. So we are right there significant allies, it can come together theless is an important tool in an arse- in the region. We have allies. Again, it and send not just a powerful message nal of peaceful diplomacy in the world. is amazing that it has gone this far; but a powerful strategy to try to deal Looking aside from the military uni- that China has not been willing to take with that challenge. So I salute all of verse of what is available to us, which the steps; that, as Senator KAINE men- my colleagues for having engaged in should be our last resort, when we are tioned, their 90 percent trade partner this debate, and I thank the leadership talking about peaceful diplomacy, could easily cause this to go in a dif- of the committee, as well as Senator there are moments in which sanctions ferent direction. But even more impor- GARDNER, for working with me. are the last use of our peaceful diplo- tantly, here we are taking action that When I introduced this legislation macy and a way to get countries to I hope will lead to other members of last year, I felt that the time for stra- move in the direction we want. This the international community joining tegic patience—which had been a hall- moment, which I think is about stra- us in sanctions. But China—the very mark of our policy—had run its course. tegic resolve, does exactly that. It uses entity that could do something about We had hoped that patience would have sanctions not just against the regime this—is blocking the U.N. Security had a unique regime in North Korea in North Korea but against those who Council’s action toward this being done moving in a different direction. But it would give it the wherewithal to follow on a multilateral basis on the front came to a point where multiple tests of its illicit pursuits. I think that is what end. nuclear explosions, each increasing in is incredibly powerful about this legis- But this is what happens. In the past, the size of its effectiveness; the at- lation and the appropriate use of our the Senate has taken unilateral action. tempts to miniaturize those efforts; arsenal of peaceful diplomacy in the We know we are much better off with the missile launches they were going hopes that we can deter the North Ko- multilateral sanctions. A lot of times through; the terrible labor camps and reans from where they are and move in it starts this way. It started this way other human rights violations inside of a different direction and in the hope with Iran, and over time we were able North Korea and what is happening to that we can get other countries in the to build worldwide support—or mostly the North Korean people—that stra- world—and it will have to be more than worldwide support—toward isolating tegic patience in and of itself was not hope; it will have to be a strategic re- them and causing them to come to the getting us to the goal. If anything, solve to get those other countries to table. while we were being patient, the North join us, as we did in the case of Iran. Again, this country is much further Koreans continued to move in a direc- We did not start with the world want- along. Hopefully we will have the same tion for which we needed what I think ing to come together with us because success. But we have to realize, be- is a strategic resolve. And that is what of their economic interests and other cause of the 20 years of efforts that we have come to here today—a bipar- strategic interests. Through American they have underway and especially the tisan effort to have a strategic resolve leadership, we ultimately drove the bold steps they have taken since 2003, to not only focus on North Korea but moment in which we had a multilateral as Senator GARDNER so aptly outlined also the secondary sanctions to say: international effort that brought the in an earlier discussion, we are going Those who want to deal with North Iranians to the negotiating table. to have to do far more than this. We Korea and to help North Korea achieve It is my hope that what happens here need to put this in place, but we also its goals in violation of international in the Senate today begins a process have to remain diligent and keep mov- norms will have a consequence. that can proselytize others in the ing ahead. It may take additional ac- Right now we have all been focused world to join us so that the nuclear tions down the road. It is certainly on North Korea as a government, as an nightmare that is potentially North going to take tremendous oversight entity, but this legislation now broad- Korea never ever materializes. and involvement by the administra- ens that to say to those who want to With that, I hope we have an over- tion, and the administration to follow, help the North Koreans provide the whelming unanimous vote on this leg- and the administration after them. material wherewithal for their nuclear islation. I again thank the leadership This is a great step, though, for the missile and other programs that there for working with us. Senate. It is a great step for our coun- is a consequence to you. I believe that I yield the floor. try. is an appropriate use of sanctions. So I The PRESIDING OFFICER. The Sen- Again, I thank our House colleagues. want to close on this question of sanc- ator from Maryland. My guess is that we will send this bill tions. Mr. CARDIN. Madam President, as I back over this evening at about 5:45, For 24 years between the House For- listen to my colleagues, I think we some changes may be made, and it will eign Affairs Committee and the last 10 know how proud we are to serve with go to the President. We will have spo- in the Senate Foreign Affairs Com- people who have such deep knowledge ken with one voice in the best way the mittee, I have viewed U.S. foreign pol- and strategic views on how we as a na- Senate speaks, and in a strong way. We icy in that peaceful diplomacy has an tion can better defend ourselves and will be doing something that furthers arsenal. That arsenal is in part how lead the world. the safety and security of our own citi- one can direct international opinion to To Senator MENENDEZ’s comments zens, which is what we are here about. a country that is violating inter- about America’s strength, yes, I think Mr. President, I yield the floor. national norms, to the extent that everyone understands that we have the The PRESIDING OFFICER. The Sen- country can really be affected by inter- greatest arsenal in the world. We do. ator from New Jersey. national opinion. North Korea is an ex- But America also understands the Mr. MENENDEZ. Madam President, ample of a country that is difficult to power of diplomacy, and diplomacy has as we are winding down this debate affect by international opinion. There to be backed up with incentives and that has been extraordinary not only is the use of aid and the use of trade as disincentives. because of its unanimity, which I think inducements to a country to act in a Incentives, yes. The American tax- is incredibly important when we are certain way and join the international payer is generous with development as- facing a challenge in the national secu- community and follow the norms and sistance and our assistance in helping rity interests of the United States, but international will and then the denial countries develop into stronger democ- also because of the tone it set and the of aid or trade and other sanctions as a racies in which they can be stronger seriousness of the issue with which way to get them to move away from economies and have a better life for Members on both sides have taken to the direction in which they are vio- their people and, by the way, be better it—that is incredibly important. I lating international norms. consumers of U.S. products. That is know my colleagues—the distinguished Outside of that universe—inter- what America does—it offers incen- chairman and the distinguished rank- national opinion, use of aid, use of tives—but we also lead the world in ing member—have spoken to this, but trade, denial of aid, denial of trade, and saying: If you do not follow the inter- it is important to note that when the sanctions, particularly that we have nationally acceptable norms, there will Senate on a bipartisan basis perceives begun to perfect in the financial sec- be consequences, and those con- a real threat to the potential national tor—which can be a very powerful tool. sequences mean that we will not let security of the United States and of It shouldn’t be used bluntly but none- you do commerce to strengthen your

VerDate Sep 11 2014 03:14 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G10FE6.082 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE February 10, 2016 CONGRESSIONAL RECORD — SENATE S805 ability to harm your neighbors and to lations of human rights. We talked Korea through mandatory sanctions harm global security. about this. There is no country in the that would deprive the regime of the That is what Senator MENENDEZ was world that treats its citizens worse means to build its nuclear and ballistic talking about. The sanctions we are than North Korea does. They are lit- missile programs, to deprive the re- imposing here are aimed directly at erally starving their population. They gime of its means to carry out mali- North Korea’s ability to compile weap- are starving their population. They cious cyber activities, and to deprive ons of mass destruction, to harm their torture their population. They im- the regime of the means to continue its own people, and to harm others prison anyone who dares say anything gross abuse of the human rights of its through the use of cyber. That is what against the government. They do sum- own people. That is the purpose of this these sanctions are aimed at. They are mary executions if they don’t like you. bill. Obviously, there is more work to aimed at preventing them from being We know that. It has been documented do. able to do that. over and over again. The discussions today talk about the It also shows U.S. leadership because This legislation speaks to American work we have to do with our colleagues our allies look to the United States values. Our strength is in our arsenal on the other side of the aisle, in the first. It is an international financial and our strength is in our universal other Chamber, and the work we have system, and if the United States is not values; that we won’t allow that to to do around the globe to make sure prepared to move forward, we cannot happen; that, yes, we have an interest that the United Nations Security expect the rest of our allies to move in how the people of North Korea are Council recognizes this challenge and ahead. So it is a clear signal that we treated; that these are international that China understands our basis of co- are prepared to take these actions. We norms that have been violated by operation depends on actions against are taking these actions. We are going North Korea. to take them by ourselves if we have I just wanted to follow up with Sen- something we both agree on, and that is that we shouldn’t have a nuclear to, but it will be much more effective if ator MENENDEZ because I thought he we can get the international commu- articulated so well about America’s North Korea. nity to support us. strength and how we act. It is not just Let’s build that relationship of co- Senator MENENDEZ is absolutely cor- because we have the best military in operation with China. Let’s build that rect. I remember when we did this the world; it is because we have the relationship of trilateral alliance against the apartheid of South Africa. will to stand up for values that are im- among South Korea, Japan, and the We were able to get actions taken by portant for not only our national secu- United States. Those are the things we other countries after we acted. The rity but for global security. can begin to accomplish with this leg- Senator is absolutely correct on Iran. When the United States leads, other islation. We acted on Iran; we then got other countries join us, and we get results. I had a conversation with Admiral countries to act. If the United States Hopefully, we are going to be able to Gortney not too long ago about North had not shown the leadership, they change North Korea’s conduct through Korea. He is the head of NORTHCOM, would not have acted. That is now true these measures. That is in the best in- headquartered in Colorado Springs, CO. with North Korea. Our actions will terest of the United States, it is in the It was a conversation about North help us get other countries to act so best interest of our allies, and it is in Korea and what he sees. Through his that we can hopefully accomplish our the best interest of North Korea. That comments, you can tell he is con- goal of a peaceful North Korea without is what this legislation speaks to. cerned, and he believes the situation in the use of our military might. I share Senator MENENDEZ’s hope the Korean Peninsula is at its most un- Let me explain what is at stake here. that we will see a very strong vote in a stable point since the armistice. Over We all understand the tests that are few minutes, and I know that my col- six decades, we today are seeing the going on with the so-called satellite leagues on both sides of the aisle have most unstable point on the Korean Pe- tests to be able to develop a missile expressed their views on this. I urge ev- ninsula because of a rogue regime that that can deliver a weapon well beyond eryone to support this effort and to tortures its own people, kills its own the Republic of Korea that could di- show America’s resolve in the united leaders, and deprives its citizens of rectly attack U.S. interests and cer- policy in this regard. human dignity. tainly our allies’ interests. That is Madam President, I yield the floor. what they are trying to do with these The PRESIDING OFFICER. The Sen- Strategic patience has failed. One ex- tests, is to develop weapons of mass de- ator from Colorado. pert said we have moved from strategic struction that could cause unspeakable Mr. GARDNER. Madam President, I patience to benign neglect. That is not damage. That is what we are trying to want to thank all of my colleagues for leadership. So today we start a new prevent. And it is not just the direct their thoughtful input during this de- policy based on strength and not pa- actions by the North Koreans; they bate. We have had great discussions tience. This legislation would man- have already shown their willingness from numerous Members who have date—not simply authorize but man- to work with other rogue states in de- come to the floor throughout the day date—the imposition of sanctions veloping weapons of mass destruction. to discuss North Korea and the North against all persons who materially con- If we allow them to accumulate these Korea Sanctions and Policy Enhance- tribute to North Korea’s nuclear and weapons, they could then transfer ment Act. ballistic missile development; import them to other rogue countries and they I want to thank Senator CORKER for luxury goods into North Korea; enable could be used against our interests. We his leadership on the committee, the its censorship and human rights also know that North Korea is willing product of which is a very good bipar- abuses; engage in money laundering to make arrangements with terrorist tisan sanctions action. I hope and and manufacture of counterfeit goods organizations, and these weapons could agree with Senator MENENDEZ, our col- and narcotic trafficking; engage in ac- end up in the hands of terrorists and be league from New Jersey, that this will tivities undermining cyber security; used against our interests. indeed receive unanimous support. have sold, supplied or transferred to or That is what is at stake. There is a I wish to thank Senator MENENDEZ from North Korea precious metals or lot at stake, and that is on the weapons through the Chair for his efforts to raw metals, including aluminum, steel, program. We already saw North Korea make this a success, and thanks to the and coal for the benefit of North Ko- act in regard to Sony on cyber. We ranking member of the committee and rea’s regime and its illicit activities; know this is a growing field. If we don’t ranking member of the Asia sub- that is, $1.8 billion in raw metals, $245 take action now, the circumstances are committee, as well, for their work. We million in other goods that are sanc- only going to get more damaging to set out a year ago to work on this prob- tioned under this act, including those U.S. interests. lem and address this challenge. entities that decide they would import The one area that I really congratu- The purpose of the North Korea from North Korea if that money they late Senator GARDNER and Senator Sanctions and Policy Enhancement would generate from the sale of that MENENDEZ for bringing to this bill is Act is very simple. The purpose of the import goes to the development of pro- the human rights issues, the gross vio- bill is to peacefully disarm North liferation activities.

VerDate Sep 11 2014 03:14 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G10FE6.084 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S806 CONGRESSIONAL RECORD — SENATE February 10, 2016 The cyber sanctions and strategy The bill was read the third time. Mr. CASEY. Mr. President, I also ask that we require are unique to the Sen- The PRESIDING OFFICER. Under unanimous consent to speak in morn- ate bill. They will be the first manda- the previous order, the bill having been ing business and also to be allotted tory sanctions in history passed read the third time, the question is, time beyond 10 minutes. against cyber criminals. This bill also Shall the bill pass? The PRESIDING OFFICER. Without codifies Executive orders 13687 and The yeas and nays have been ordered. objection, it is so ordered. 13694 regarding cyber security, as they The clerk will call the roll. f apply to North Korea, which were en- The bill clerk called the roll. CHILD CARE ACT AND LEAD Mr. CORNYN. The following Senators acted last year in the wake of the Sony POISONING Pictures hack and other cyber inci- are necessarily absent: the Senator dents. It is also a unique feature of our from South Carolina (Mr. GRAHAM) and Mr. CASEY. Mr. President, I rise this Senate bill today. the Senator from Alaska (Mr. SUL- evening to talk about childcare, in par- The mandatory sanctions on metals LIVAN). ticular one piece of legislation which I and minerals are unique to the legisla- Mr. REID. I announce that the Sen- have introduced today, S. 2539, but also tion. Expert estimates, as we just said, ator from Illinois (Mr. DURBIN) and the to talk more broadly about the critical need in our country for more options, put North Korea’s rare metal minerals Senator from Vermont (Mr. SANDERS) more opportunities for families—espe- and steel exports at around $2 billion, are necessarily absent. cially low-income families—to be able so these sanctions could have a signifi- The PRESIDING OFFICER. Are there to afford high-quality childcare. The cant impact in deterring the regime any other Senators in the Chamber de- bill that was introduced today is the and its enablers. The sanctions in this siring to vote? Child Care Access to Resources for bill are secondary, as we have dis- The result was announced—yeas 96, Early Learning Act. Of course, the ac- cussed, which means they would be ap- nays 0, as follows: ronym or shorthand for the bill is the plied to individuals and entities, not [Rollcall Vote No. 20 Leg.] Child CARE Act, standing for the just in the United States but around YEAS—96 words in the bill that focus on re- the world, who would assist the Gov- Alexander Fischer Murphy sources and in particular resources for ernment of North Korea and the des- Ayotte Flake Murray early learning. ignated entities that engage in the ac- Baldwin Franken Nelson Barrasso Gardner Paul It is this Senator’s belief, and I think tivities prohibited by this legislation. Bennet Gillibrand Perdue the evidence is abundantly clear over It mandates a strategy and sanctions Blumenthal Grassley Peters time whenever this issue is studied, against North Korea’s human rights Blunt Hatch Portman that in terms of the positive impact of abuses. Booker Heinrich Reed Boozman Heitkamp Reid early care and learning of a child, the You can see what it does on the Boxer Heller Risch evidence tells us over and over again chart. You can see the opportunity we Brown Hirono Roberts that if kids learn more now, they will have before us and the American people Burr Hoeven Rounds Cantwell Inhofe Rubio literally earn more later. That connec- and our obligation to make sure we are Capito Isakson Sasse tion between learning and earning is doing everything we can to stand up Cardin Johnson Schatz compelling, and I think it is an essen- for the people of North Korea and stand Carper Kaine Schumer tial part of the debate. Early education up to the totalitarian regime of North Casey King Scott Cassidy Kirk Sessions and care for a young child has an im- Korea. Coats Klobuchar Shaheen pact on all of our lives when it comes I urge my colleagues to support this Cochran Lankford Shelby to the economy. legislation tonight, this bipartisan Collins Leahy Stabenow We know now from the evidence that Coons Lee Tester product of countless hours of debate Corker Manchin Thune high-quality early learning contributes and discussions and negotiations, and Cornyn Markey Tillis to a reduction in need for special edu- to come away with a good product that Cotton McCain Toomey cation. It also helps to lower juvenile we can be proud of, to work with the Crapo McCaskill Udall Cruz McConnell Vitter justice rates. It also helps to improve House Members so that this is on the Daines Menendez Warner health outcomes over time. It also in- President’s desk. I urge my colleagues Donnelly Merkley Warren creases high school graduation and col- to support this bill. Enzi Mikulski Whitehouse lege matriculation rates. I yield my time. Ernst Moran Wicker Feinstein Murkowski Wyden For some children from low-income Mr. MENENDEZ. Mr. President, I households, a lot of these studies have suggest the absence of a quorum. NOT VOTING—4 also shown that by the age of 3, they The PRESIDING OFFICER (Mr. LEE). Durbin Sanders will have heard 30 million fewer words The clerk will call the roll. Graham Sullivan than their more affluent peers. Even The bill clerk proceeded to call the The bill (H.R. 757), as amended, was before they enter kindergarten, this so- roll. passed. called word gap means they are already Mr. CORKER. Mr. President, I ask The PRESIDING OFFICER. The Sen- far behind. The income level of the unanimous consent that the order for ator from North Carolina. household can often determine how the quorum call be rescinded. f many words that child has heard in his The PRESIDING OFFICER. Without or her lifetime. Of course, the reason it MORNING BUSINESS objection, it is so ordered. is such a big number is because the Mr. CORKER. Mr. President, I ask Mr. TILLIS. Mr. President, I ask words get repeated, but even when you unanimous consent that all time be unanimous consent that the Senate be factor in the repeating of words over yielded back. in a period of morning business, with and over again, just imagine how far The PRESIDING OFFICER. Is there Senators permitted to speak therein behind they are if they are behind by 30 objection? for up to 10 minutes each. million words. If it were 5 million Without objection, it is so ordered. The PRESIDING OFFICER. Without words, that would be a substantial gap, Mr. CORKER. I ask for the yeas and objection, it is so ordered. but, of course, it is much worse than nays. Mr. TILLIS. Mr. President, I suggest that. The PRESIDING OFFICER. Is there a the absence of a quorum. I believe and I think the evidence sufficient second? The PRESIDING OFFICER. The shows that in the decades to come, the There is a sufficient second. clerk will call the roll. strength of our economy and the fiscal The yeas and nays were ordered. The legislative clerk proceeded to stability of our Nation will depend on The PRESIDING OFFICER. Under call the roll. the viability and vitality of our future the previous order, the committee-re- Mr. CASEY. Mr. President, I ask workforce. I think that is evident from ported amendment is agreed to. unanimous consent that the order for the research. But, again, that connec- The amendment was ordered to be the quorum call be rescinded. tion between early learning and the engrossed, and the bill to be read a The PRESIDING OFFICER. Without earning potential of that individual is third time. objection, it is so ordered. abundant.

VerDate Sep 11 2014 03:14 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G10FE6.085 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE February 10, 2016 CONGRESSIONAL RECORD — SENATE S807 Unfortunately, for many families, young children are really struggling. It is a Childcare funding is critically impor- the need is still substantially great. no-win situation. tant not only to families in Pennsyl- Just last fall, Pennsylvania alone had a That is what Deanna, a parent from vania and across the Nation, but, of waiting list of 7,000 families who quali- Pennsylvania, tells us. course, it is critical if we are going to fied for childcare vouchers but did not Christina, another Pennsylvanian, a meet that demand that our workforce receive them. In other words, in one parent, told us that the cost of must meet. The children who learn State there were 7,000 families who ‘‘daycare is bringing us straight to more now will earn more later. were eligible for these vouchers and did foreclosure because we cannot afford We also know that this legislation is not receive them. That story, unfortu- our mortgage, groceries, diapers, and an opportunity to finally, at long last, nately, is playing out across the coun- gas for our one car.’’ make that historic commitment to try. According to data from the De- So this is the real world and this is these same families. We know the re- partment of Health and Human Serv- the real life of a struggling family but turn on investment, if that is all some- especially struggling—even in a recov- ices, less than 1 in 10 children nation- one wants to focus on, is return on in- ery—with the cost of childcare. vestment. I know some people like wide under the age of 4 received Let me talk for a moment about the numbers sometimes better than childcare assistance. In Pennsylvania component parts of the act. The Child testimonials from parents. But if your it is about 15 percent. Just think about CARE Act is legislation that will en- that—nationwide, 1 in 10 is eligible for sure that families with infants and tod- only concern is return on investment, this kind of help and is not receiving dlers who are living at or below 200 per- this is a good deal. Return on invest- it. cent of the Federal poverty level, ment in terms of high-quality early Child Care Aware—one of the many which we know is approximately $40,000 care and learning is as high as $17 for groups who helped with the legislation for a family of three—it will help those $1. That is a pretty good deal anywhere I just mentioned, the Child CARE families who need childcare have ac- in the country. We want to emphasize Act—tells us that particularly in urban cess to that high-quality care. The act the return on investment, but I also be- and rural communities, there is a se- will further the purposes of the child lieve at the same time that we have to vere shortage of high-quality or li- care and development block grant by focus on the life of that child and that censed childcare facilities. raising quality standards and by pro- child’s prospects for future employ- In Pennsylvania, where we have a viding resources necessary to make ment to contribute to our economy. significant State investment in those higher quality standards a re- We have to make this issue a pri- childcare, only 3.5 percent of childcare ality and available to families across ority. If we really care about economic slots for children birth to age 4 years the Nation. Over a 10-year period, we growth, GDP growth, competing in a old are in the highest quality pro- estimate that the legislation could world economy, and having a skilled grams. help over 1 million additional children workforce, all those high aspirations, For many families who can even find under the age of 4 gain access to high- all those goals we talk about a lot, it care, the cost is very burdensome. For quality childcare. starts with early care and learning. A most families, childcare is often the Part of achieving higher quality care child cannot earn what she should be second most costly expense, behind is ensuring that childcare providers are able to earn if she doesn’t have the op- only housing. Just imagine that—the receiving an appropriate level of sup- portunity for early care and learning— second highest expense in the life of a port and that childcare workers are high-quality early care and learning. family for far too many families is compensated fairly for their expertise. We can spend up to $40,000 a year on childcare, second only to housing. In Unfortunately, across the Nation, the incarceration and thousands on drug 2014, in more than half of the United average childcare worker often makes treatment and/or special education or States, a year of childcare costs more below poverty wages. According to the we can spend a small fraction of that than a year of college tuition at a pub- 2013 National Survey of Early Care and now on early care and learning and lic college. That is another stunning Education, the median wage for center- give children both a healthy and a comparison. based childcare staff was $9.30 an hour, smart start in life. We hear it all the time from real peo- about $19,000 a year. Just imagine that. I urge my colleagues, when it comes ple—not just numbers or studies, we The people who we believe are the best before them, to support the Child hear it from real people. Last week qualified and the most dedicated to CARE Act that has been introduced when we were discussing the bill, the taking care of our children, who will today. Child CARE Act, we heard from a give them that early care and the Mr. President, let me conclude with Washington, DC, Metropolitan Police learning that goes with it, the people some brief comments about another re- officer who also happens to be a parent. whom we entrust with our most treas- lated issue for our kids—lead poi- Her name is Zunnobia, and she told us ured asset, our children, in too many soning. how much there is a struggle for hard- places in this country, those same What has happened in Flint, MI, is working, even middle-class families workers are making just $19,000 a year. both horrific and inexcusable. No one who just want the best for their chil- This means that childcare workers on should accept any excuse for what hap- dren, how difficult that struggle is to average make less than parking lot at- pened there. I commend Senator STA- find quality, affordable childcare for tendants, less than manicurists, and BENOW and Senator PETERS for shining early care and learning. This police of- less than massage therapists. So if we a light on what occurred in their home ficer also told me and told those in the really care about our children, I think State. room how all too often in her work as we would pay them more than some of But, unfortunately, this is an issue a police officer, she sees teenagers or the occupations I just mentioned. Car- that involves not just the State of young people who did not have the ben- ing for and nurturing infants and tod- Michigan, not just the city of Flint, efit of high-quality care and early dlers requires specialized knowledge this is a nationwide problem, espe- learning. and competencies that are not easily cially on the eastern seaboard. Unfor- This is another example from Penn- developed and should not be taken for tunately, many communities around sylvania. This is what Deanna, a par- granted. the country have numbers that are ent, tells us, and I am quoting just in I believe and I think most Members even worse, even higher than the Flint part: of Congress, either in the Senate or in numbers. Each month, with two children in daycare, the House, believe that our children de- By one example, Pennsylvania—one our payment exceeded our mortgage pay- serve quality. They deserve quality of the largest States in the Union—18 ment. care and learning, but they especially cities in Pennsylvania are reporting So it is not the second highest cost deserve the quality that comes with higher levels of lead exposure among but the highest cost in her household. someone who is paid an adequate wage children than Flint. Let me say that Deanna continues: and has a level of expertise and com- again—higher levels than Flint. In Some months we paid for daycare with our petency to provide that child with the Flint, 3.2 percent of children exceeded home equity line of credit. It took us 2 years kind of early care and learning she has the danger threshold for lead exposure, to pay off the debt we acquired. Parents with a right to expect. tested levels of 5 or more micrograms

VerDate Sep 11 2014 03:14 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G10FE6.087 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S808 CONGRESSIONAL RECORD — SENATE February 10, 2016 per deciliter of blood. So 5 or more with enforcement mechanisms by a form of artificially depressed cur- micrograms is the danger level, and vote of 63–35. rencies. These devaluations have a real Flint was at 3.2. Where were some cit- Second, in 2013, 60 Senators signed a impact. ies in Pennsylvania that, as I said, letter to the U.S. Trade Representa- I have talked at length to steel man- have higher numbers? Instead of being tive, calling for the inclusion of en- ufacturers in my State. They have all at 5 or 3.2, this is what we see in Penn- forceable currency provisions in Trans- told me that steel manufacturing is sylvania: Allentown, 23; Altoona, 20.5; Pacific Partnership. being hammered by this kind of cur- my hometown of Scranton, 20 percent; Finally, in May of 2015, the Senate rency manipulation, dumping, and Philadelphia and Pittsburgh—our larg- passed by a 78-to-20 vote this Customs other unfair, improper trade policies. est cities, the two largest cities and enforcement bill, which, for the first But they specifically mentioned cur- the most urban parts of our State— time, included new tools that are nec- rency. Foreign market manipulations were at 10 and 8 respectively, which is essary to defend American manufactur- have virtually eliminated profit mar- lower than the other Pennsylvania cit- ers from foreign currency manipula- gins that were already slim in the steel ies but still higher than Flint. In Penn- tions—the language to confront cur- industry. sylvania, the primary source for child- rency cheating that the Treasury De- I had a conversation a few hours ago hood lead poisoning is not water but, partment acknowledges is occurring, with a major paper company which rather, deteriorating infrastructure but they have refused to take action to said that currency manipulations have and exposure to the remnants of lead- confront it. hurt their exports. They are still mak- based paint, paint dust, and chips. That That original bill would have re- ing the exports, but it has eliminated is a problem in our State, but there are quired, where this kind of currency ma- their profit. It is very problematic for other States, especially on the eastern nipulation occurs, action be taken to them. They have to have profit, but seaboard, that have a similar problem. fix currency manipulation. Unfortu- they are trying to maintain their pro- We must ensure that children who nately, that language was removed duction, keep Americans working, and have been exposed to high levels of lead from the conference report. keep the plants operating, even though receive all—and I mean that literally— I think it is time—and I think a bi- their profit margin has been hurt sub- all of the followup services they need partisan majority of this Senate be- stantially by currency manipulation. to reach their full potential. Whether lieves it is time—for us to pass enforce- In June of 2015, eBay reported that that is remedial, medical, or edu- able currency protection measures and international currency fluctuations cational, we need to be there for those make sure they make it to the Presi- eliminated 8 percent of its sales. In- children. dent’s desk. stead of 6 percent sales growth, the I supported funding for the Centers In June of 2015, a New York Times company reported a 2 percent decline. for Disease Control’s Healthy Homes poll showed that 63 percent of Ameri- Our foreign competitors are exporting and Lead Poisoning Prevention Pro- cans believe that trade restrictions are their unemployment to the United gram, which supports State and local necessary, and only 16 percent of Amer- States. That is the way it is done: You public health departments working to icans believe that the Trans-Pacific reduce your currency, and you export identify cases of childhood lead expo- Partnership would actually increase your products to the United States at a sure. But that is just but one step. We American jobs. I am absolutely con- lower price. Our foreign competitors have a lot more to do on this issue. vinced the American people are correct keep their people working and under- I will conclude by saying that we on that, based on a study of previous mine the ability of American manufac- should take action on childcare to trade agreements and the analysis of turers to keep their employees work- make sure that it is affordable and studies by Tufts University and other ing. Sometimes American plants are that it is of a high quality so that espe- groups. totally closed. cially poor children can learn more A May 2015 poll conducted by Ipsos, a A December 1 Wall Street Journal ar- now and earn more later. It is very dif- leading polling and communications ticle highlighted the fact that the Chi- ficult to learn, grow, and succeed if you firm, found that 73 percent of the U.S. nese yuan had increased against most have the disadvantage of not only not public believes Congress should oppose other major currencies but fallen 3 per- having childcare and early learning but any ‘‘international trade agreement cent against the dollar. They let it de- the additional burden of high levels of that does not specifically prohibit cur- cline against the dollar, thereby main- lead. These are challenges that we face rency manipulation.’’ That is a strong taining their trade advantage with the as a country, and these are challenges polling number. United States—their trade surplus, our that both Houses and both parties must A second Ipsos poll, conducted last trade deficit with China. Our trade def- confront. year, found that 79 percent of respond- icit with China increased during Janu- I yield the floor. ents said that it was important for the ary and increased substantially during The PRESIDING OFFICER. The Sen- trade deal to include enforceable cur- the fourth quarter of last year. Our ex- ator from Alabama. rency protections. ports are down, our imports are up, and f In August, the Chinese Government our trade deficit is up. devalued its currency 4 percent, cre- A big part of that is improper manip- TRADE FACILITATION AND TRADE ating a regional currency war in that ulation of currency by our so-called ENFORCEMENT BILL area involving Australia, Malaysia, and trading partners. It is time we said no Mr. SESSIONS. Mr. President, to- South Korea. All those fell against the to this. We have the leverage and the morrow the Senate will be bringing up United States dollar, making their im- capability of doing so. They need us the Customs bill that I intend to supports to the United States less expen- more than we need them. port moving to. I believe it has a num- sive and our exports to their countries When Governor Romney ran for ber of good provisions, and I hope to be more expensive. It happens just that President 8 years ago, he was in a de- able to support its final passage. way. bate and explained it very succinctly: But first, I want to bring attention to Former Federal Reserve Chairman If you don’t stand up—in this case, to the weakened currency provisions that Paul Volcker, one of the great heroes China—they will run over you. Critics the conference report included. This is of the economic rebound of the 1980s, say that if we stand up to China, it will not the language that initially passed has said that years of trade negotia- create a trade war. But we are in a the Senate, but instead is much weak- tions can be wiped out in minutes by trade war; we are just not fighting. Fi- er. currency manipulation. I don’t think nally, he said: And, anyway, they have The Senate, several times, has af- there is any doubt about that. a lot more to lose than we do in such firmed the need to provide the Treas- These depreciations throughout Asia an event. ury Department and the Department of further disadvantage American work- We have no obligation—as a matter Commerce tools to prevent currency ers because they force our workers to of fact, we must stop being a patsy for manipulation. compete against international com- those who take advantage of us. They In 2011, the Senate passed such a bill petitors who receive discounts, in ef- need our markets. They desperately to provide the Commerce Department fect, on their exported goods in the need to be able to sell huge amounts of

VerDate Sep 11 2014 03:14 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G10FE6.088 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE February 10, 2016 CONGRESSIONAL RECORD — SENATE S809 products in our markets. If they will On November 6, the Japanese Fi- The Bush nor the Obama White not comply with the rules of trade, we nance Minister, Mr. Taro Aso, said that House has taken strong actions to deal have a right to say no and to limit ac- ‘‘there [will not] be any change’’ in Ja- with currency manipulations. This ad- cess to our markets. They say that pan’s currency policy. In other words, ministration and its own Treasury De- would hurt American consumers—per- by signing on to the TPP, after study- partment continues to reassure us that haps some—but in the long run, we ing the agreement, Japan realized they they are doing everything they can to cannot allow American manufacturing are not going to have to change their protect American manufacturing from to be decimated by the sustained ma- policy. There is no teeth to the Presi- unfair currency manipulation. How- nipulation of trading partners. We have dent’s side-agreement. ever, they repeatedly rejected to have a manufacturing base in this We were expecting that this currency Congress’s efforts to give the White country. The American people know language would be placed on the Cus- House the tools they need to help en- this, and they are worried about that. toms bill that we would vote on tomor- force our laws. One of the best ways to Even a Walmart executive has said: If row. It was passed in the Senate, and it do this is to give the White House the nobody is working in America, who is went on the Customs bill. But when it ability to implement countervailing going to buy cheap products from went to the conference committee, duties, but they have opposed those ef- abroad? He even started a program to President Obama said: No, we are not forts and steadfastly seen to it that try to buy more from America. having this currency language in it. they are not made law. Even the Department of Treasury in The conference committee eventually Last year, in the spring, we had a its October 2015 exchange rate report capitulated, and struck the enforceable month-long debate about the impor- said, ‘‘Our judgment is that the [Yuan] currency provisions in their report. So tance of these measures. I think a lot remains below its appropriate medium- we have no real enforceable mechanism of our Members learned a good bit in term valuation.’’ In other words, it is now to ensure that American workers the course of that. The Senate passed a depressed. China devalued the Yuan. and American manufacturing are able TPP negotiating objective calling for They gained market advantage over to maintain a level playing field with enforceable measures in the Presi- the United States and other countries. our trading partners in this regard. dent’s trade agreement. What did the On the face of all of this, the White The statement by Japan’s Finance President do? He threatened to veto House has refused to adopt any en- Minister caused Ford Motor Company the Customs bill if it included the kind forceable measures. The Treasury De- to immediately object to and oppose of currency language that I have just partment repeatedly acknowledges we the Trans-Pacific Partnership agree- been describing. have a problem, but they have refused ment. They did it the day it was re- In fact, the White House even issued to take any action to confront it. This leased. In their press release, Ford said a Statement of Administration Pol- is the kind of weakness we cannot ac- they could not support such a deal in icy—a SAP—on this question stating cept. The time has come in America which currency rules fell ‘‘outside of that ‘‘the Administration opposes the where we cannot afford to lose a single [the] TPP, and . . . [failed] to include way the [Customs] bill uses the coun- American job to unfair trading part- dispute settlement mechanisms to en- tervailing duty process to address cur- ners. We have to end this. We have to rency undervaluation.’’ With that ob- defend our people who are hurting. sure global rules prohibiting currency manipulation are enforced.’’ They jection, the conferees took out the lan- While the Trans-Pacific Partnership guage, so the bill we will vote on to- agreement that has now been signed by could not support it. Ford and all these companies are morrow does not have the language in the President—off last week in New it that passed in the U.S. Senate with Zealand, 7,000 miles around the world. placed under terrific pressure to sign on to these deals. A lot of them that 78 votes in favor. The President never even talked about Last year, I wrote the President and signed on and said they will support it it. Why didn’t he talk about it? Why asked him a few simple questions. I be- don’t like it, but they were basically didn’t they highlight it? Why did they lieve these are simple questions that put in a room and asked: What do you want to sign it 7,000 miles away? The the American people are entitled to need to do? We will agree to some reason is, the American people don’t have answered by the leader of our things if you will agree to support the want it. He didn’t really want anybody country who is proposing and pushing deal. Many felt it was going to pass to know he had signed it, and they the TPP. hope they can slip it through Congress anyway, and they got a few little trin- One, I asked him to state whether at some point. But I don’t believe it is kets—a few little gifts out of the TPP the TPP would increase or decrease our going to happen. I think too many that they liked out of the 5,000 pages trade deficit. Shouldn’t we know that? things are being raised and discussed that it consists of, and they have Our trade deficit is surging. Some try that show we have to be careful about agreed to either be silent or support to contend that trade deficits don’t these trade agreements. In particular, the deal. But many of these companies matter. They do matter. They do mat- this is one that should not pass. The like Ford are very uneasy about it. ter if your factory is closed. Trade defi- White House claims that the TPP in- So where are we today? I was very cits reduce GDP. Some studies say that cludes a side measure addressing cur- pleased that one of the strong sup- about one-half percent of growth in rency manipulation, but any study reporters of trade in Congress—the new GDP has been reduced as a result of the veals that it does not have any real en- Speaker of the House, PAUL RYAN—an- trade deficit. It does impact America. forcement mechanisms. nounced yesterday that there was not I further asked the President, two, The Wall Street Journal on Novem- support in the House to pass the TPP whether the TPP would increase or de- ber 5 wrote this: ‘‘Mexico, Canada and now, and, in fact, he has concerns crease the number of manufacturing other countries signaled they were about it. He has been an advocate of jobs in the United States. open to the [currency] deal when they these trade agreements. I have been Third, I asked him how the TPP realized it [would not] include binding worried about that. But I was very would affect the average hourly wages currency rules that could lead to trade pleased that at least now, in the tem- for the American middle class. sanctions through the TPP.’’ porary situation, he has indicated that Shouldn’t he tell us that? Shouldn’t we Get that? They were objecting to this he has doubts about the agreement, it be told whether wages are going to go currency rule. They like to manipulate is not going to have the votes in the up or down? Shouldn’t we be told their currency, and they don’t want to House. whether the trade deficit would in- be subject to sanctions if they manipu- Our leadership has indicated they crease? Shouldn’t we be told whether late it. When they found out the don’t intend to bring it up imme- manufacturing jobs are going to in- truth—and the truth is that the cur- diately, either. I think that is a good crease or decrease? rency manipulation language attached decision. I believe we as a nation need What have they said? This is so clev- to TPP means nothing—then they said to be studying how this works and er. I think the media deserves criticism it was OK. So objected to addressing studying whether these agreements are for not talking about it more. All they currency manipulation in the TPP actually helping us. Or are they accel- have ever said was that the TPP would until they found out this proposed fix erating the decline in American manu- increase jobs in the exporting indus- meant nothing. facturing? tries. They don’t say how many jobs

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That is common business knowl- Let’s go back to 2011, the U.S.—South way, and nothing is done about it. We edge. T. Rowe Price’s Outlook Report Korean Free Trade Agreement. I voted must not allow other countries to take says: for it. South Koreans are good people. advantage of us any longer. They are allies of ours. We do business I will note some of the quotes that The devaluation, along with the govern- with them. I signed on to that agreement’s unsuccessful intervention in its we heard about this subject, but no ac- plunging stock market, also undermined ment. When the President signed it, he tion of significance has been taken. stated to the American people it would confidence in China’s leadership and, most On September 3, Treasury Secretary important, in its ability to manage the tran- increase our exports by $10 billion a Jack Lew in an interview on CNBC sition of its economy from one led by invest- year. said, ‘‘[China has] to understand, and I ment and exports to one more driven by do- We have had a chance to look at make this point to them quite clearly, mestic services and consumption. that. How has that promise come out? that there’s an economic and political This is where we are. We need to get Have we increased our exports? Well, reality to things like exchange rates.’’ this ship on the right path, and we need we did increase our exports. It was He is talking about currency ex- to not adopt the TPP. We need to use eight-tenths of $1 billion last year. I change rates. There is a political re- the leverage we have as the greatest think we will be a little over $1 billion ality there. In other words, Mr. Lew, market in the world that all these this year—not 10, 1. What about Korean who should be doing something effec- countries want access to. We have the exports to the United States? How did tive besides just talking, acknowledges leverage. They have more to fear from that come out? They increased annu- that currency rates have real impact a trade war than we do. We must put ally $12 billion a year. What about our an end to it because we owe it to this trade deficit from 2010 through 2015? on Americans. country. The day we can give away The trade deficit with South Korea in- He goes on to say: creased 260 percent. They need to understand that they signal more and more jobs and assume that Are these trade agreements effective? their intentions by the actions they take and this has no negative impact on the Are they helping America? Are they the way they announce them. And they have American economy is over. Wages are to be very clear that they’re continuing to fulfilling the promises being made for down in this country. The percentage move in a positive direction. And we’re going of Americans of working age actually them? I don’t think so. The President to hold them accountable. has repeatedly rejected bipartisan ef- working today is the lowest we have We haven’t been holding them ac- forts to put protections in for Amer- had in nearly 40 years. We have had a countable. ican workers. He clearly did not follow tremendous drop in the percentage of Mr. Lew continues: ‘‘I think that we Congress’s negotiating objectives. He males from 24 to 55, high working have been very clear for a very long has ignored an issue which the Senate years, who are actually working in jobs time with China, how they manage overwhelmingly approved, and he today. It is a troublesome trend. We their exchange rate is a matter of great failed to negotiate enforceable cur- need to reverse that. rency protections for American work- concern to us and that they need to be We need to put people to work and ers. willing to let market forces drive the get them off welfare. We need to put American manufacturers cannot wait value up, not just drive it down.’’ them in good job training programs to longer. It is time to give them the That is true, but they are not doing help them take jobs that already exist tools they need, a fair ability to com- it, and China is going to continue to in the country. We can’t afford to bring pete, and a level playing field. The Cus- manipulate their exports until some in hundreds of thousands and millions toms bill that is before us is a step in action is taken to stop them. of people from abroad to take jobs. Our the right direction. It ensures the Com- He said in his interview: people should be trained and be taken. merce Department and Customs and I think it is something we will discuss at That is so basic as to be without dis- Border Protection share information the G–20, is any temptation to slip into what pute, it seems to me. more efficiently. It gives the Customs might look like a competitive devaluation. I think the Customs bill that we con- and Border Protection new tools to It’s both unfair and it ultimately leads to a sider tomorrow is worthy of our sup- worse global economy. identify and stop illegal trading prac- port. In the long run, I do believe that tices. It provides early notification of I think there is some truth to that. if we don’t confront the trading issues trade surges, which helps ensure stable He is acknowledging that there is a that are facing America, we will regret prices of goods here at home, but it is problem. What he is saying is our re- it, and we will continue to see adverse important to note the Customs bill is sponse to devaluation—it is unfortu- economic consequences for the citizens not a perfect solution. There is still nate if we are put in a position where we represent. work to be done. we devalue, where Korea devalues, I yield the floor. As I noted, Paul Volcker pointed out, where Vietnam devalues, where other I suggest the absence of a quorum. all of these agreements can be elimi- countries in the world devalue. That is The PRESIDING OFFICER. The nated overnight through currency ma- a currency war and that is not helpful. clerk will call the roll. nipulation. We can pass this Customs What needs to happen is we need to The senior assistant legislative clerk legislation and send it to the Presi- push back against countries that are proceeded to call the roll. dent, but we must realize that the pro- improperly devaluing and stop that and Mr. MCCONNELL. Mr. President, I tections created in this legislation, the try to create a currency system world- ask unanimous consent that the order new tools that are provided to CBP, wide that serves our Nation in an effec- for the quorum call be rescinded. can be made irrelevant by our competitive way. It is part of the whole eco- The PRESIDING OFFICER. Without tors that manipulate exchange rates to nomic future of America. objection, it is so ordered. benefit their exports. Every business journalist is talking f We have that problem now in China, about this. They have different views Japan, South Korea, and other coun- about what ought to be done, if any- TRADE FACILITATION AND TRADE tries. I am not going to be satisfied thing, but everybody talks about the ENFORCEMENT BILL until the President signs legislation impact. Mr. HATCH. Mr. President, 2015 was granting the Commerce Department This is T. Rowe Price. They did their an extremely productive year for our real powers to protect American work- fall 2015 Economic Outlook Report. Nation’s trade agenda as, on multiple ers and American manufacturing from To be sure, the U.S. economy remains the occasions, both parties were able to these devastating market manipula- world’s largest and most innovative. But this come together to take several steps to tions. summer’s dramatic plunge in China’s stock advance effective trade policies that

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The con- perous course. tion’s interests in protecting intellec- ference report on the Customs bill Hopefully, we will take another step tual property rights. would simply ensure that the statute here in the Senate before we leave for Providing proper enforcement and better reflects the bipartisan will and the recess. protection for intellectual property role of Congress in our trade negotia- Before the Senate breaks for recess, rights—both domestically and inter- tions. we are likely to vote on the conference nationally—has long been a priority for Those have been the three main goals report for H.R. 644, the Trade Facilita- me in large part because it is so impor- of the Customs bill. With this con- tion and Trade Enforcement Act of tant to Utahns. In Utah around 19 per- ference report, I think we have reached 2015, legislation that originally passed cent of the total workforce is directly good outcomes on all three. But that is in this Chamber back in May of last employed in IP-intensive jobs, accord- not all. Other important issues are also year. As chairman of the Senate Fi- ing to a recent report by the U.S. addressed by the conference report. nance Committee, I was one of the Chamber of Commerce’s Global Intel- For example, the bill will combat po- original authors of this legislation, and lectual Property Center. That same litically motivated boycotts, divest- I was honored to serve as the chair of study also noted that Utah’s IP indus- ments, and sanctions against Israel, the conference committee. I believe try employs, either directly or indi- bolstering our already strong economic our report represents a strong bipar- rectly, over 590,000 Utahns—or more ties with one of our most important tisan, bicameral agreement that will than half of Utah’s workforce. More strategic allies. The conference report effectively address a number of trade importantly, the IP industry makes up also provides additional trade pref- policy priorities. In fact, it has already nearly 80 percent of current exports erences for Nepal in order to promote passed the House with a strong, super- from my home State. So, for obvious economic recovery in the aftermath of majority vote. I am hoping to see a reasons, protecting IP was one of my the devastating earthquake last year. similar vote here in the Senate. main focuses in drafting the Customs With this legislation, we will also take I would like to take a few minutes to bill, passing it here in the Senate, and significant steps to promote small talk about some of the specifics of this putting together the conference report. business exports and improve tariff legislation, which is generally referred I am very pleased that my colleagues classifications relating to footwear and to simply as ‘‘the Customs bill.’’ If en- on the conference committee shared outerwear. acted, this compromise version of the my desire to improve upon our current Finally, I want to acknowledge that Customs bill would address three main efforts, and I think our inventors and a number of my colleagues—as well as policy goals. innovators here at home—the people businesses and job creators around the country—had hoped that the con- The first goal is to facilitate and who drive so much of our economic ference report on the Customs bill streamline the flow of legitimate trade growth and prosperity—will benefit would include a reauthorization of the into and out of the United States. To greatly from this legislation. accomplish this goal, the bill, among The report addresses other enforce- Miscellaneous Tariff Bills or MTBs. I other things, reduces paperwork and ment priorities as well, including pro- shared my colleagues’ desire to pass bureaucratic burdens on U.S. traders visions to give clear direction and ro- MTBs with this vehicle. As you will re- and improves consultation between bust tools for identifying and address- call, a revised MTB process was, after all, passed by the Senate in the origi- trade policymakers at the Customs and ing currency manipulation from our nal version of the Customs bill. Border Protection, or CBP, agency and trading partners, an issue that I know There are a handful of procedural Congress, as well as private actors is of particular interest to a number of concerns that complicate this issue— within the trade community. It also our Members here in the Senate, as particularly over in the House—that modernizes the way CBP operates by well as to many of our domestic busi- made it difficult to adequately address authorizing the continued development nesses and industries. The result of all MTBs in this conference report. How- and implementation of the Automated these enforcement provisions will be ever, the conference report does in- Commercial Environment, or ACE. And greater protections for American trad- clude a strong sense-of-Congress state- it sets procedures and establishes dead- ers and consumers and a greater assur- ment reaffirming our shared commit- lines to ensure that all import require- ance that foreign competitors will not ment to advancing MTB legislation in ments are fulfilled through a single have unfair advantages in the global a process that provides robust con- window process. These changes will fa- marketplace. sultation and is consistent with both cilitate trade by reducing unnecessary The third major goal of the Customs House and Senate rules. burdens and delays created by an over- conference report is to strengthen the And, on top of that, I just want to rely bureaucratic system. This will im- trade promotion authority statute that affirm my own commitment, as the prove our Nation’s competitiveness, we enacted last year, reflecting various chairman of the Senate committee create jobs here at home, and provide priorities and concerns from members with jurisdiction over this issue, to numerous benefits for our trusted trad- of both parties. The conference report find a process that both the House and ing partners. strengthens TPA by enhancing the Senate can agree on and get MTBs The second major goal of the Cus- Congress’s oversight role in crafting over the finish line. Our businesses and toms bill is to improve enforcement of trade policy, specifically with regard manufacturers that benefit from MTBs our trade laws. Toward that end, the to administration nominees and at ne- have waited too long for Congress to bill establishes a new process at CBP— gotiating rounds for future trade agree- act on this matter, and I am going to with strict deadlines and judicial re- ments. It also strongly reaffirms that do whatever I can to forge a path for- view—for dealing with evasion of our trade agreements should not include ward. antidumping and countervailing duties and TPA procedures should not be used Let me just say that I am very laws. The bill also ensures that all dis- with respect to, provisions dealing with pleased with the substance of this contributions required under the Contin- immigration policy or greenhouse gas ference report. It has been a long road ued Dumping and Subsidy Act are emissions. The bill also establishes a to get us here, but in my view, it has made correctly. new negotiating objective to address been worth it. I am particularly pleased that the barriers American fishermen face in I will have many people to thank in bill improves protections for intellec- exporting U.S. fish, seafood, and shell- the coming days as we debate—and tual property rights by creating addi- fish. hopefully pass—the conference report tional monitoring tools to detect viola- In addition, the conference report im- here in the Senate. For now, I specifi- tions at the border and expanding re- proves provisions relating to traf- cally want to thank the vice chair of quirements for USTR’s existing Special ficking in persons in order to strength- the conference committee, Chairman 301 Report on our trading partners’ IP en Congressional oversight and ensure KEVIN BRADY, for his work on both the enforcement efforts to include trade se- that appropriate steps are being taken committee itself and on the substance crets. It also establishes a chief innova- to put an end to human trafficking. of the report. I also want to thank the tion and intellectual property nego- I think most of us would agree that ranking member of the Finance Com- tiator at USTR to better ensure that we passed a good TPA bill last year. I mittee, Senator WYDEN, for his efforts

VerDate Sep 11 2014 03:14 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G10FE6.057 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S812 CONGRESSIONAL RECORD — SENATE February 10, 2016 to ensure that our final product was and Menifee Counties. As a senator, he For Jensen, the thing he will be enjoying truly bipartisan. chaired the senate judiciary committee for the foreseeable future will be his London This is a good bill. It is not perfect, and the senate budget review sub- private law practice, although he said he has by any means. But once again, it pro- committee on justice and judiciary. He enjoyed every phase of his career, from his 181⁄4 years of service in the Kentucky State vides what I think are strong outcomes also served as the vice chairman of the Legislature to his three-plus years on the on many key policy priorities. senate natural resources and energy bench. But his heart right now is in return- Both the House and the Senate came committee. ing to private practice. into the conference with their own set Judge Jensen has been honored many ‘‘I made a commitment that I would go of demands, which required some com- times in the Commonwealth for his back to my law office . . . When I left, I said, promise. However, throughout our ne- achievements. He won recognition as look, I’m just going to go stay three years, gotiations, I worked extremely hard to Senator of the Year 2011 by the Ken- maybe four years, and then come back and practice law and finish up that way,’ ’’ he preserve the Finance Committee’s con- tucky Narcotics Officer Association. He received the highest award from the said. ‘‘I may take off a couple of weeks, but tributions to the Customs bill and to I am going back. My staff stayed in place, advance the Senate’s priorities on this Kentucky Department of Corrections. and I always promised them I’d come back, legislation. And in that regard, I think He received the 2011 Public Advocate so I’m going to live up to my promise. And we can all be pleased with the overall Award for advancing justice through it’s time. I’ve thought about not going back. outcome, even if some compromises criminal justice reforms. His alma I’ve got six-and-a-half more years or so in had to be made. mater, the University of the Cum- this term, and I considered it. At my age, I know that some of our members berlands, also presented him an award maybe that’s the smart thing to do. It’s not have specific objections to some of the for his leadership. overwhelming work to me. A lot of people have asked me why I’m going back to prac- individual compromises we had to After 18 years in the legislature, Judge Jensen has dispensed his wisdom tice law, and the thing about it is I enjoyed make in order to get the deal done. I that. I enjoyed that more than anything that certainly don’t want to minimize any- from the bench for the last 3-plus I’ve ever done, I think.’’ one’s concerns. Instead, I will just say years, where he presides over many Jensen said that while he has also enjoyed that this comes with the territory of cases involving drugs and drug of- serving on the bench, he just doesn’t get the passing legislation that tries to rec- fenses. He has won acclaim for his wis- same sort of satisfaction from it as he does oncile differences. dom and judicial temperament, but from the process of problem solving with clients. As a whole, I believe this legislation even though he has more than 6 years left in his current term, he has chosen ‘‘It just turned out that I would rather ad- provides a path on the Customs bill vocate for somebody than be the mediator or that members of both parties can get to retire and re-enter private law prac- make the decision,’’ he said. ‘‘I think I miss behind. I am hoping we can get past to- tice. Tom has practiced law in London the give and take, the camaraderie you de- morrow’s cloture vote and final pas- since 1978, is licensed to practice in all velop by talking to a client, meeting with sage and send the bill to the Presi- courts of the Commonwealth, and has people, trying to solve a problem, not decid- dent’s desk in short order. been admitted to practice before the ing the issue or the problem, but trying to I urge all of my colleagues to work sixth circuit of Appeals and the U.S. solve it. I don’t want to sound corny, but I think I’m a people person, and I don’t think with us to make sure that happens. Supreme Court. It seems advocacy is Judge Jensen’s that’s the role of a judge. I don’t think I’ll f first love, and after a long and success- ever run for anything again, and I think I’d like to finish up practicing law.’’ TRIBUTE TO JUDGE TOM JENSEN ful career, he wants to return to the Jensen’s passion for advocacy is also evi- Mr. MCCONNELL. Mr. President, role of advocacy in the courtroom. dent when he discusses the years that he today I wish to honor the long career While he will certainly be missed on spent working in the Kentucky State Legis- in public service of a good friend of the bench, I know he will be an out- lature, a political career that resulted in his mine and a friend to the Common- standing attorney and advocate for his recognition as Kentucky State Senator of clients, who will be very lucky to ben- the Year for 2011. wealth of Kentucky, circuit court ‘‘I enjoyed (the legislature),’’ Jensen said, Judge Tom Jensen. After a lifetime of efit from his experience. ‘‘trying to make a difference. I think it was service in both elected office and on I know my colleagues join me in ex- seeing if you could make things better. It the bench, Judge Jensen has announced tending congratulations and best wish- sounds crazy, but it wasn’t the pay. Actu- his retirement from the bench of the es to Judge Jensen and to his family: ally, it probably cost me money, practicing 27th Judicial Circuit Court, effective his wife, Nannette Curry Jensen; their law, being in the legislature, being gone this February 16. Kentucky is going to two daughters, Natalie Jensen and those periods of time. But it was a good feel- miss his wisdom, his judgment, and the Laura Jensen Hays; his son-in-law, ing if you got something accomplished. It Henry Hays; and grandchildren, Elle was a good feeling that you thought you benefit of his many years of experi- could make things better. Sometimes we ence. and Spencer. As Judge Jensen begins this new were right, sometimes we weren’t. I think, Judge Jensen has served for 3-plus you know, Kentucky’s my home, and I want- years on the bench and, prior to that, chapter in his career, I want to thank ed to make it as good as I possibly could. Of had a lengthy career in the Kentucky him for his career in public service and course, I wasn’t a dictator, and I wasn’t gov- General Assembly. He served in the contributions to the Commonwealth of ernor or anything like that, but I did, as Kentucky House of Representatives in Kentucky. We will miss him on the Floor Leader in the House, have some impact the 1980s and 1990s. During his tenure bench or in the general assembly halls, on some things. We were able to put in some but look forward to still seeing him in legislation that I think has made a dif- there, he was elected as minority floor ference in the state. It moved at a snail’s leader, the highest Republican position the courtroom. A local area newspaper in Kentucky pace; sometimes you’d get frustrated. Some- in the House of Representatives. times you would argue that there was a bet- In 1996, Tom chose to not seek reelec- published an article extoling Judge ter of doing it and you couldn’t get your way tion to the house and instead was Jensen’s life of service. I ask unani- about it, but that’s democracy, and the one elected chairman of the Republican mous consent that the article be print- thing that I saw in the legislature: for the Party of Kentucky. During his leader- ed in the RECORD. most part, people were up there for the right There being no objection, the mate- ship, the Kentucky GOP made some reasons. They were up there to make Ken- rial was ordered to be printed in the tucky better.’’ significant gains, adding an additional RECORD, as follows: Jensen is proud of much of what he accom- Republican to the U.S. House of Rep- plished in the legislature, but he said his sig- [From the Times-Tribune, Feb. 7, 2016] resentatives delegation and sending an- nature accomplishment was House Bill 463, other Republican to the U.S. Senate. TRI-COUNTY PROFILES: JUDGE, LEGISLATOR designed to cut down on prison overcrowding RETURNS TO PRIVATE PRACTICE AFTER DEC- Republicans also gained control of the in the state. ADES OF SERVICE ‘‘In about 2009 and 2010, we started looking Kentucky State Senate for the first (By Christina Bentley, Feature Writer) time in history under his watch. at it,’’ he said. ‘‘We were actually using pri- ‘‘Life’s too short not to do things you vate prisons to house state prisoners, and it Judge Jensen was next elected to the enjoy,’’ said Circuit Court Judge Tom Jen- was costing the state a considerable amount Kentucky State Senate in 2005, rep- sen, who recently announced his retirement of money. It was to the point that we were resenting the 21st District, which in- from the bench of the 27th Judicial Circuit either going to have to build a new prison or cluded Estill, Laurel, Powell, Jackson, Court, effective Feb. 16. we had to do something. So that’s when we

VerDate Sep 11 2014 04:39 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G10FE6.057 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE February 10, 2016 CONGRESSIONAL RECORD — SENATE S813 came up with (House Bill) 463 to put a lot of on, and he said, ’Here you are going to school been present, I would have voted ‘‘yea’’ people on probation, more than we had in the for free. What are you going to do?’ And I in support of H.R. 757, to advance sanc- past, mainly drug offenses, and it has done said, ’Well, I’ll just join the Army.’ But my tions against North Korea, and was what we said it would do . . . Now some peo- dad threw such a fit . . . So I came back glad to see it adopted. ple might say we’re being too easy on them. down to London and talked to Ernie Wiggins, Today marks the ninth anniversary The thing about drug addiction, the way I who was my coach at Sue Bennett . . . and it see it, in the courtroom, your criminal days just so happened that night they were going of President Obama’s announcement of are just filled up with drug cases. Most of to play at Cumberland College, and he asked his intention to run for President. He them are pleading out, a lot of probation, me if I wanted to go down . . . I went to made the announcement from the steps some diversions. And then about 50 percent Cumberland and finished up there. I met my of the old State capitol, the recon- of them end up going to prison or jail any- wife there. Got married. Came to London— structed building where Abraham Lin- way because they can’t comply with the that’s where her family’s from—and decided coln delivered his ‘‘House Divided’’ terms. But still, if you look at it that way, to go to law school about two years later.’’ speech in my hometown of Springfield, it’s 50 percent, which is not a good rate, but Jensen married Nannette Curry and the IL. Today, the President and I returned actually there are 50 percent that aren’t couple have two daughters, Natalie Jensen to Illinois to commemorate his historic going back, which is a good rate, and it has and Laura Jensen Hays, who were growing saved us a considerable amount of money.’’ up during Jensen’s time in the legislature. announcement and his service in the Il- Jensen said that while he won’t be running ‘‘I enjoyed . . . all those years doing that, linois State Senate. I try to never miss for office again, he enjoyed the political looking back on them, other than the time I votes, but this was a very special occa- process and may involve himself in it in was away from my family,’’ Jensen said. sion in my home State. other ways, advocating for causes he believes ‘‘You know when you’re away from your kids I have been deeply concerned about in, primarily those that help his adopted and then they grow up, and if anything goes nuclear weapons programs in countries hometown. wrong, you start blaming yourself: should ‘‘This will be the last political position such as Iran and North Korea. Almost have been there more,’ but my wife did a 10 years ago, I joined with then-Sen- that I have,’’ he said. ‘‘I’m not saying I won’t really good job, she covered all the bases. help out somebody politically or maybe get ator Gordon Smith in introducing the She was a good mother, she was real in- Iran Counter-Proliferation Act, which involved in somebody’s campaign, but I don’t volved with the kids.’’ think I’ll ever run for anything again. I These days, Jensen says he’s looking for- became the basis for eventual petro- think I’m done running. But I always liked ward to having time to watch his grand- leum sanctions against Iran that politics . . . I intend to go back and practice children swim—they are both on the swim helped compel a negotiated nuclear law, but I might even lobby some. I’ve still team at Corbin High School—but he doesn’t agreement. I also cosponsored and got some real good friends in the legislature, really have any other hobbies. He said he voted for the Iran, North Korea, and so I might do that and lobby for some wants to keep serving Laurel County, just in projects, mainly things that I think would Syria Sanctions Consolidation Act, different ways. which became law in 2012. help Laurel County.’’ ‘‘How many years can you do this? I don’t For example, Jensen cites the ongoing ef- And I was pleased to be one of the know. I just know that I want to work until forts of Cumberland River Comprehensive three cosponsors of the North Korea I can’t work anymore,’’ he said. Care to build a juvenile drug rehab in Laurel He would like to continue to combat the Sanctions Enforcement Act of 2015 led County as a project he would like to have drug problem in the area, something he has by Senator MENENDEZ, key parts of more involvement in. seen first-hand as a judge. which are included in the bill being ‘‘One of the things that I even worked on ‘‘The biggest problem I see facing us today voted on today. as judge was to try to help Cumberland River is drugs, and if you come and watch a crimi- North Korea has bedeviled adminis- Comp Care get the old juvenile detention fa- nal day, it’s nearly all drugs, everybody cility,’’ he said. ‘‘I did help by going to trations, both Republican and Demo- that’s convicted. Now, they might have a Frankfort to talk to the governor and some cratic alike, and as such, this legisla- theft with it, but they were stealing money others . . . What they want to do is have a tion is a step in the right direction. to buy drugs . . . It’s really sad. I see that as juvenile rehab center in there, and I can tell I have some concerns with the final a major problem, not only in Kentucky but you, looking at my court system, these peo- bill in areas where I think more flexi- across the nation,’’ Jensen said. ple that are adults on drugs in my court, bility for the executive branch would All told, though, Jensen said he is proud of they didn’t start when they became 18. They his life’s work and feels fortunate to have have been appropriate, but such is the started at 12, 13. It’s actually alarming when been able to accomplish what he has for the nature of compromise. you talk to some of them, the age they people of the region. North Korea’s recent actions testing began this stuff. So I felt like that was a ‘‘I’m glad I left Cincinnati to come down nuclear weapons, launching missiles really good endeavor to get into. I’d like to here. It’s just been a good life for me here,’’ even help them maybe get some more money that could carry a nuclear warhead, Jensen said. ‘‘I’ve made a lot of good friends to fix up more of that building . . . it’s going and apparently restarting its pluto- . . . I’ve been very fortunate. And the people to take considerable money to get it up and nium production are all deeply trou- of this community . . . have been really, operating, and Comp Care has made the com- bling. North Korea’s leadership does really good to me. When I was in the Senate, mitment to do it, but I thought I’d try to this while many of its own people are I was representing five counties: Laurel, maybe help them, see if I could get them a Jackson, Estill, Powell and Menifee coun- starving or locked away in political little more money to help the renovation ties. They were always good to me. This prison camps. This is unconscionable. along a little quicker. That’s one of the (Laurel County) courthouse here, I put the One often wonders how such an iso- projects I’ve developed for myself in retire- money in the budget for this and the one in lated and repressive regime is able to ment.’’ Jensen is not a Laurel County native, but Jackson County, too. Those kind of things, continue such dangerous antics. he has spent his entire career here, after fol- when you look back on it, things you were How does it pay for such endeavors lowing a basketball scholarship from his able to accomplish, it kind of makes you feel and how does it pay off the sycophants hometown of Cincinnati to Sue Bennett Jun- good about some of it. Some of the things and enablers needed to maintain such a ior College nearly 50 years ago. you couldn’t accomplish, you know, it’s frus- police state? ‘‘My high school coach was a guy named trating that you thought you knew the right After all, a nuclear-armed, erratic Ralph Rush, and he was from Bush, and of way to go and couldn’t get there, but the things that you have gotten right . . . that North Korea is not only a threat to the course I never heard of Bush, growing up in United States and its allies in the re- Cincinnati, but he brought me down here,’’ makes you feel good. And I know what I ac- Jensen said. ‘‘My grades were not real good complished. I don’t need my name on a build- gion, but to China as well. Such ac- in school. I was not a particularly good stu- ing or anything to know what I did, and I’m tions clearly are not in China’s secu- dent. I went to school mainly to play sports pretty proud of the things I did accomplish. rity interests. probably . . . But that’s what brought me It’s up to the next generation now to accom- Yet, frustratingly, too often, China down here, and I just kind of fell in love with plish even more and do things even better.’’ seems unwilling to take necessary it here in London and the surrounding area. f steps to isolate and pressure the North I think I like the small town more than I Korean regime. I understand China ever did a big city. Even though London’s NORTH KOREA SANCTIONS AND doesn’t want a collapsed state on its not a particularly small town anymore, I POLICY ENHANCEMENT BILL border. I also understand it doesn’t wouldn’t live anywhere else. This is it. When Mr. DURBIN. Madam President, I I left Sue Bennett, I had a lot of scholarship want a unified, Western-leaning Korea offers, and I went to Eastern Illinois Univer- was necessarily absent from today’s on its border. sity. I went up there and just didn’t like it, vote, vote No. 20, on the North Korea But I ask our Chinese friends, is what and I quit. And this is 1969, I guess, and my Sanctions and Policy Enhancement we have today really serving Chinese dad was furious with me. Vietnam was going Act due to events in Illinois. Had I security interests?

VerDate Sep 11 2014 03:14 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A10FE6.040 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S814 CONGRESSIONAL RECORD — SENATE February 10, 2016 The North Korean leadership has allies that are at the most immediate possible leads the experts have identi- thumbed its nose at the Chinese, ignor- threat from North Korea—not to men- fied, including by soliciting assistance ing entreaties and some measure of tion the more than 25,000 U.S. military from the United States. protection offered against tighter sanc- personnel stationed in South Korea. As I also urge the government to pub- tions or Security Council action. I was such, without progress on ending North licly refute the campaign that some recently in New York meeting with our Korea’s nuclear weapons program, I have waged to delegitimize the experts talented Ambassador to the United Na- support the deployment of necessary as a way to discredit their work. If the tions, Samantha Power, and I was dis- missile defense technologies to help experts’ work is forced to carry on with mayed at the challenge she faces in ob- protect these allies. only the passive acquiescence of the taining greater Chinese help on this f government—or worse, subtle attempts matter. to hinder its work—rather than its ac- DISAPPEARANCE OF 43 STUDENTS Now, I know the Chinese and some tive support, the progress that has IN MEXICO other apologists will argue that North been made may be lost and with it the Korea is so isolated that further sanc- Mr. LEAHY. Mr. President, it has truth and the Mexican Government’s tions would not work and may even been well over a year since 43 students remaining credibility on this issue. backfire. But we know that there have from Ayotzinapa Rural Teachers’ Col- The Mexican people, like people ev- been effective measures against the lege were forcibly disappeared in the erywhere who care about human North, for example, going after luxury state of Guerrero, Mexico. On Sep- rights, deserve to know what happened goods and overseas accounts linked to tember 26, 2014, around 100 students to these students. As I mentioned, we the regime and ruling elite. from the college traveled to the city of also know there are thousands of other Yet, despite international sanctions Iguala. They were there to raise money cases in Mexico of disappearances and on luxury goods to North Korea, the and to obtain buses to attend a com- many reports by the National Human New York Times recently reported how memoration of the infamous massacre Rights Commission and reputable China loosely defines such goods and of more than 600 students in the capital human rights organizations of inci- continues to allow North Korean leader in 1968. dents of torture and extrajudicial Kim Jong Un’s army’s to import equip- The now former mayor of Iguala has killings. The only way to effectively ment from China to build a world-class been accused of ordering the attack on address the kind of lawlessness that ski resort. the students that evening. While the has become far too prevalent in Mexico That is right—a world-class ski re- motive remains a mystery, what ap- is to conduct credible, thorough inves- sort in a country that can’t feed its pears to have occurred is that the po- tigations and appropriately punish own people. lice used lethal force against the stu- those responsible, so the message is In fact, according to the report, Chi- dents, and the 43 who are missing were clear that no one is above the law. nese customs data showed that North handed over to the criminal organiza- f Korea imported $2.09 billion in luxury tion Guerreros Unidos. Six people were goods between 2012 and 2014, including killed that day, and the fate of the 43 ADDITIONAL STATEMENTS armored cars and luxury yachts. disappeared students remains un- And, according to United Nations known. TRIBUTE TO FRED SEARS trade statistics, in 2014, China exported After it became clear, thanks to the $37 million worth of computers, $30 courageous and dogged work of foreign ∑ Mr. COONS. Mr. President, today, on million of tobacco, $24 million of cars, journalists that a horrific crime had behalf of Delaware’s congressional del- and $9 million of air-conditioning been covered up by Guerrero officials egation of U.S. Senator TOM CARPER equipment to North Korea. and the police, the Mexican Govern- and U.S. Representative JOHN CARNEY, So I hope this legislation will tighten ment established the Interdisciplinary I wish to recognize a close friend from the measures against luxury goods Group of Independent Experts of the Delaware, Fred Sears—a community used to buy loyalty for the regime. And Inter-American Commission on Human leader and a passionate advocate for all I hope the Chinese realize that ignoring Rights to provide independent analysis in our community; a man whose name this regime is far riskier than working and technical assistance to the govern- is synonymous with business leader- with the United States and others to ment. ship and public service in my home rein in North Korea’s nuclear weapons The experts’ September 2015 report, State of Delaware, and a man I am program. released on the eve of the 1-year anni- proud to call my friend. Let us also not forget that in 2014, versary of this tragedy, exposed signifi- Fred is known statewide for his gen- the U.N. General Assembly voted to cant deficiencies in the government’s erosity, his enthusiasm, and his busi- refer the North Korean regime to the handling of the investigation and pro- ness acumen. For decades, his impact International Criminal Court for well- vided an opportunity for the govern- has been felt by elected officials, non- documented crimes against humanity. ment to restore the integrity of its own profit and community leaders, and Earlier, a U.N. commission of inquiry inquiry. The government’s decision to countless Delawareans of all back- report documented massive crimes extend the experts’ mandate in the fall grounds and careers. He is a true lead- against humanity in North Korea, in- was a welcome signal of political will er, an authentic champion of the com- cluding deliberate starvation, forced and a desire to build credibility. munity, and the embodiment of what labor, executions, torture, rape, and in- But as the end of the experts’ man- service means in Delaware. fanticide, among other crimes—most of date nears, President Pena Nieto is Fred Sears is a Delawarean through them committed in North Korea’s po- running out of time to demonstrate and through, born just blocks away litical prison camp systems. that that political will has a lasting from his boyhood home at what was The almost 400-page report concluded impact. The manner in which this in- then called Wilmington Hospital, he that the bulk of the crimes against hu- vestigation is conducted has grave im- grew up across the river from Brandy- manity were committed ‘‘pursuant to plications not only for the victims of wine Zoo. This Delaware native at- policies set at the highest levels of the the attacks in Iguala and their fami- tended Mt. Pleasant Elementary, Al- state’’ and were ‘‘without parallel in lies, but for the victims of countless fred I. DuPont Junior High, and Wil- the contemporary world.’’ other incidents in which Mexican citi- mington Friends School for high This criminal regime holds between zens have vanished during the past dec- school. Fred went on to earn a business 80,000–120,000 political prisoners in its ade and remain unaccounted for. degree from the University of Delaware system of gulags. I urge the Mexican Government to and had a great deal of fun, including a So I am glad this sanctions legisla- fully support the experts’ investigation truly memorable spring break trip to tion also includes provisions that ad- by ensuring maximum cooperation of the Bahamas with JOE BIDEN, his class- dress North Korea’s terrible human all Mexican officials, including on mate and friend. rights record. issues related to the experts’ access to After graduating from UD in 1964, Let me close by reaffirming my sup- all those potentially involved in this Fred began a nearly 40-year career in port for our South Korean and Asian incident and the serious pursuit of all banking. Fresh out of college, Fred was

VerDate Sep 11 2014 03:14 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\G10FE6.044 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE February 10, 2016 CONGRESSIONAL RECORD — SENATE S815 scheduled to interview for a job with quality: the ability to inspire others. sion, just a day after the passing of our the Bank of Delaware, but accidentally He has used his passion for service to beloved friend Beau Biden earlier this walked into Delaware Trust instead. motivate the next generation of great year, Fred spoke to the Bidens and of- Fortunately, Delaware Trust was also leaders in our State. fered to help the family establish an hiring, and after starting as a manage- Take, for example, one of Fred’s organization in Beau’s name. That idea ment trainee, he rose to become the in- many initiatives called the Next Gen- became the Beau Biden Foundation for stitution’s first vice president of busi- eration. It is one he is most proud of— the Protection of Children—and 2 days ness development. From there, Fred and justifiably so. Next Gen takes after it was launched, they had already went on to later work at Wilmington groups of civic-minded young profes- raised over $125,000. Trust, Beneficial National Bank, and sionals with limited or no experience If this is all there was to Fred’s ultimately Commerce Bank, where he in philanthropy and, with just the story, it would be a remarkable one, was Delaware market president. right amount of guidance and encour- but there is even more to Fred as a While Fred was well and widely agement, helps mold them into non- businessman, a philanthropist, and a known as a leader in our financial serv- profit board leaders. Since 2004, Next person. If you speak to those who have ices industry, he found many other Gen’s chapters up and down the State been around him the longest, they will ways to serve our community as well. have helped direct over $300,000 in tell you his true passion is his family: Early in his career, Mayor Tom Malo- grants to community needs all over my his wife, JoAnn; his son, Graham; his ney asked his friend Fred to take a home State of Delaware. daughter-in-law, Kathryn; his son, leave of absence from Delaware Trust My good friend Tony Allen, who also Jason; his daughter-in-law, Jen; and of to serve as the city’s director of fi- calls Fred a mentor and a friend and a course his treasured grandchildren, nance and then later as director of eco- brother, tells a story of how Fred Kylie, Paxton, and Charlie. I have no nomic development. Fred not only ful- helped establish the African-American doubt that Fred’s retirement means he filled those two roles terrifically, but Community Empowerment Fund. The will be spending a lot more time as Pop decided afterwards to run for an at- fund is today known as the Council on Pop to his three treasures, becoming large city council seat in 1976. Fred Urban Empowerment, and it promotes even more of a fixture at their frequent won and went on to serve two full philanthropy that supports edu- school functions and their baseball and terms. cational, social, and economic em- soccer games. Many of us in younger generations of powerment of African-American Dela- Fred’s friends and family will also politics after Fred’s elected service wareans. As Tony notes, Fred didn’t tell you how much he adored his moth- have called on his wisdom, his insight, just help establish the fund, he wasn’t er, Marjorie, visiting her daily at and his ability to bring people to- just one of its first donors; he attended Stonegates until her passing, and how gether, as we had important decisions every meeting of the group. In 2010, much he cares for his father-in-law to make. So Fred served on the transi- Tony introduced Fred when Fred Sears today. They will tell you that Fred tion teams of Wilmington Mayor was set to receive an award for non- loves dancing, snappy suspenders, and James Sills, Delaware Governor Ruth profit leadership. As Tony put it then, vinyl records. Ann Minner, and co-chaired my transi- ‘‘While patience is a virtue, impatience Fred’s friend Tom Shopa will tell you tion team after I was elected New Cas- is a weapon. And Fred can be appro- about Fred’s passion for golf and how, tle county executive in 2004. priately impatient. Fred doesn’t demur for decades, he has kept track of all of For many of us, decades of success in to what others would call insurmount- his golf scores, the number of putts he finance, in business, in politics might able tasks and taboo topics of con- made, the weather that day—recording be the hallmark of a complete and suc- versation. He takes every opportunity every single detail just as his father cessful career, but for Fred, these expe- to constructively push the status quo.’’ did. Fred’s friends and colleagues will riences were just a few of the ways he Tony’s absolutely right, and given tell you they hear Fred say thank you fulfilled a lifelong passion for service that legacy of leadership, it is no sur- dozens of times every day. in our State of Neighbors. Just over 13 prise Fred has been honored by count- Today I pause for a moment on the years ago, while Fred was at Commerce less organizations for his business and floor of this great institution to say Bank, our mutual friend Jim Gilliam, community efforts. He has received a thank you to Fred. Thank you for giv- Jr., called Fred one day and said to Lifetime Achievement in Philanthropy ing your time and talents over decades him, ‘‘I have a job for you.’’ After some Award from the Association of Fund- to more than 40 community nonprofit convincing, Fred accepted the job, and raising Professionals. He has been organizations, for serving on countless since then, he has served admirably at given a distinguished service award boards, from Christiana Care to the the helm of one of the most important from the Wilmington Rotary Club. He Rodel Foundation, from the Housing organizations in Delaware: the Dela- has been deemed a Superstar in Busi- Partnership, to the United Way. Thank ware Community Foundation. The DCF ness by the Delaware State Chamber you for your decades of service to Wil- plays an integral role in my home and was named Citizen of the Year by mington and Delaware and for a life- State, helping local nonprofits direct the Delmarva Council of the Boy long commitment to family, friends, philanthropy to Delaware’s most wor- Scouts of America. and community. Fred, as our friend thy causes and encouraging long-term Those awards and merits are cer- Tony Allen puts it, everyone in Dela- charitable giving to improve our State. tainly a reflection of Fred’s values and ware is better off because of your ef- Since Fred began as CEO in 2002, the his many successes. But those of us forts. DCF has tripled its long-term chari- who have had the privilege to work On behalf of Senator TOM CARPER and table funds and built its assets to $285 closely with Fred and to know him Congressman JOHN CARNEY, I whole- million. Dozens of nonprofits and com- know that his commitment to service heartedly thank you, Fred Sears, and munity funds have flourished under shines most brightly in the hundreds of congratulations on many jobs well Fred’s leadership, and he and his team interactions he has with Delawareans done. I eagerly look forward to seeing and their astute financial guidance every day, whether he is offering ideas where your so-called retirement will continues to generate the funding that and advice or just saying a quick hello. take you next.∑ enables them to serve. Fred didn’t join We know that even though Fred’s f the DCF though just to raise money leaving the Delaware Community and just to be important and recog- Foundation, he will undoubtedly con- REMEMBERING ALEX DIEKMANN nized; rather, he sought to improve the tinue to serve the community he loves. ∑ Mr. DAINES. Mr. President, at the entire philanthropic community and In fact, Fred just accepted an appoint- beginning of February, Montana lost a quality of community life in Delaware, ment from Governor Markell to chair true conservationist. Alexander Boris and his success in doing so reflects his Delaware’s Expenditure Review Com- Diekmann, 52 years old, passed away values and his vision. mission, suggesting Fred has no inten- peacefully at his Bozeman home after Fred is a true leader: honest, insight- tion of taking ‘‘retirement’’ literally. battling cancer for many years. He is ful, thoughtful; creative, positive and In a testament to Fred’s thoughtful- survived by his wife, Lisa, and his two confident. And Fred possesses that rare ness, leadership, and sense of compas- sons, Logan and Liam.

VerDate Sep 11 2014 03:14 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G10FE6.031 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S816 CONGRESSIONAL RECORD — SENATE February 10, 2016 Alex is originally from California, EXECUTIVE MESSAGES REFERRED that the Secretary improves such medical graduated from Yale University, and centers that are underperforming, and for As in executive session the Presiding other purposes. previously worked as a financial ana- Officer laid before the Senate messages lyst and in a commercial real estate H.R. 3262. An act to provide for the convey- from the President of the United ance of land of the Illiana Health Care Sys- agency before deciding to pursue his States submitting a sundry nomination tem of the Department of Veterans Affairs in love of the outdoors and taking a posi- and treaties which were referred to the Danville, Illinois. tion with the Trust for Public Land in appropriate committees. H.R. 3894. An act to amend title 10, United Bozeman, MT. (The messages received today are States Code, to require the prompt notifica- In Bozeman, Alex worked as a senior printed at the end of the Senate tion of State Child Protective Services by military and civilian personnel of the De- project manager for the Trust for Pub- proceedings.) lic Land. He not only worked diligently partment of Defense required by law to re- f to increase access to public lands, but port suspected instances of child abuse and MESSAGES FROM THE HOUSE neglect. also strived to secure Montana’s beau- H.R. 4056. An act to direct the Secretary of ty for many years to come. Alex did ENROLLED BILL SIGNED Veterans Affairs to convey to the Florida just that through his 16 years of work At 10:03 a.m., a message from the Department of Veterans Affairs all right, to protect the Madison and greater House of Representatives, delivered by title, and interest of the United States to the Yellowstone Area, which include the Mrs. Cole, one of its reading clerks, an- property known as ‘‘The Community Living Taylor Fork in the Gallatin Canyon, nounced that the Speaker has signed Center’’ at the Lake Baldwin Veterans Af- fairs Outpatient Clinic, Orlando, Florida. Three Dollar Bridge, Chestnut Moun- the following enrolled bill: tain, and Frog Rock and the restora- H.R. 4437. An act to extend the deadline for H.R. 3033. An act to require the President’s the submittal of the final report required by tion of O’Dell Creek in the Madison annual budget request to Congress each year the Commission on Care. Valley. to include a line item for the Research in A large part of his success came from Disabilities Education program of the Na- f Alex’s remarkable ability to facilitate tional Science Foundation and to require the MEASURES REFERRED open dialogue and cooperation amongst National Science Foundation to conduct re- The following bills were read the first different interest groups, such as land- search on dyslexia. and the second times by unanimous owners, government agencies, elected The enrolled bill was subsequently consent, and referred as indicated: officials, and nonprofits. signed by the President pro tempore Alex was known as a man very pas- (Mr. HATCH). H.R. 677. An act to amend title 38, United sionate about his work and his efforts States Code, to provide for annual cost-of- At 12:55 p.m., a message from the living adjustments to be made automatically to preserve open spaces will have a by law each year in the rates of disability lasting impact for many years to come. House of Representatives, delivered by Mrs. Cole, one of its reading clerks, an- compensation for veterans with service-con- His heartfelt love for conservation can nected disabilities and the rates of depend- be understood by his own words: ‘‘It is nounced that the House has passed the ency and indemnity compensation for sur- unbelievable how proud people are of following bills, in which it requests the vivors of certain service-connected disabled being involved in this (conservation) concurrence of the Senate: veterans, and for other purposes; to the Com- and that’s something you can’t put a H.R. 677. An act to amend title 38, United mittee on Veterans’ Affairs. price tag on. The rewards are entirely States Code, to provide for annual cost-of- H.R. 890. An act to revise the boundaries of certain John H. Chafee Coastal Barrier Re- different. It is all about the heartfelt living adjustments to be made automatically by law each year in the rates of disability sources System units in Florida; to the Com- connection we have with the places we compensation for veterans with service-con- mittee on Environment and Public Works. help conserve.’’ nected disabilities and the rates of depend- H.R. 2360. An act to amend title 38, United He worked on more than 55 projects ency and indemnity compensation for sur- States Code, to improve the approval of cer- and helped to preserve more than vivors of certain service-connected disabled tain programs of education for purposes of 100,000 acres during his time with the veterans, and for other purposes. educational assistance provided by the De- Trust for Public Lands. Some of his ac- H.R. 890. An act to revise the boundaries of partment of Veterans Affairs; to the Com- complishments also include conserving certain John H. Chafee Coastal Barrier Re- mittee on Veterans’ Affairs. sources System units in Florida. H.R. 2915. An act to amend title 38, United 23,000 acres of forested lands sur- H.R. 2360. An act to amend title 38, United States Code, to direct the Secretary of Vet- rounding Whitefish, MT. States Code, to improve the approval of cer- erans Affairs to identify mental health care As a result of Alex’s efforts, there is tain programs of education for purposes of and suicide prevention programs and metrics also an abundance of wildlife habitat, educational assistance provided by the De- that are effective in treating women vet- water resources, and migratory cor- partment of Veterans Affairs. erans as part of the evaluation of such pro- ridors that are now secured in Mon- H.R. 2915. An act to amend title 38, United grams by the Secretary, and for other pur- tana. States Code, to direct the Secretary of Vet- poses; to the Committee on Veterans’ Af- Despite Alex’s impressive achieve- erans Affairs to identify mental health care fairs. and suicide prevention programs and metrics H.R. 3016. An act to amend title 38, United ments from his time with the Trust for that are effective in treating women vet- States Code, to make certain improvements Public Land, he kept a humble spirit erans as part of the evaluation of such pro- in the laws administered by the Secretary of and truly cared about the people he grams by the Secretary, and for other pur- Veterans Affairs relating to health care, edu- worked with. He considered the con- poses. cational assistance, and vocational rehabili- cerns of others when making decisions H.R. 3016. An act to amend title 38, United tation, to establish the Veterans Economic and going about his work. He has been States Code, to make certain improvements Opportunity and Transition Administration, described by some of his colleagues as in the laws administered by the Secretary of and for other purposes; to the Committee on honest, warm, generous, creative, and Veterans Affairs relating to health care, edu- Veterans’ Affairs. cational assistance, and vocational rehabili- H.R. 3036. An act to designate the National extremely dedicated. tation, to establish the Veterans Economic September 11 Memorial located at the World Alex Diekmann, you will be greatly Opportunity and Transition Administration, Trade Center site in New York City, New missed, but your legacy of conserva- and for other purposes. York, as a national memorial, and for other tion lives on. Thank you for doing H.R. 3036. An act to designate the National purposes; to the Committee on Energy and what you did to keep the beauty of September 11 Memorial located at the World Natural Resources. Montana secure for generations to Trade Center site in New York City, New H.R. 3106. An act to amend title 38, United come. Montanans thank you, and I York, as a national memorial, and for other States Code, to make certain improvements thank you.∑ purposes. in the administration of Department medical H.R. 3106. An act to amend title 38, United facility construction projects; to the Com- f States Code, to make certain improvements mittee on Veterans’ Affairs. in the administration of Department medical H.R. 3234. An act to amend title 38, United MESSAGES FROM THE PRESIDENT facility construction projects. States Code, to direct the Secretary of Vet- H.R. 3234. An act to amend title 38, United erans Affairs to evaluate the ability of each Messages from the President of the States Code, to direct the Secretary of Vet- medical center of the Department to provide United States were communicated to erans Affairs to evaluate the ability of each quality health care to veterans, to ensure the Senate by Mr. Pate, one of his sec- medical center of the Department to provide that the Secretary improves such medical retaries. quality health care to veterans, to ensure centers that are underperforming, and for

VerDate Sep 11 2014 03:14 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\G10FE6.001 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE February 10, 2016 CONGRESSIONAL RECORD — SENATE S817 other purposes; to the Committee on Vet- Foreign Assets Control, Department of the ceived in the Office of the President of the erans’ Affairs. Treasury, transmitting, pursuant to law, the Senate on January 28, 2016; to the Committee H.R. 3262. An act to provide for the convey- report of a rule entitled ‘‘Cuban Assets Con- on Environment and Public Works. ance of land of the Illiana Health Care Sys- trol Regulations’’ (31 CFR Part 515) received EC–4332. A communication from the Direc- tem of the Department of Veterans Affairs in in the Office of the President of the Senate tor of the Regulatory Management Division, Danville, Illinois; to the Committee on Vet- on February 8, 2016; to the Committee on Environmental Protection Agency, transmit- erans’ Affairs. Banking, Housing, and Urban Affairs. ting, pursuant to law, the report of a rule en- H.R. 3894. An act to amend title 10, United EC–4324. A communication from the Sec- titled ‘‘Air Plan Approval; KY; Emissions States Code, to require the prompt notifica- retary of the Treasury, transmitting, pursu- Statements for the 2008 8-Hour Ozone tion of State Child Protective Services by ant to law, a six-month periodic report on NAAQS’’ (FRL No. 9941–64–Region 4) received military and civilian personnel of the De- the national emergency with respect to Ven- in the Office of the President of the Senate partment of Defense required by law to re- ezuela that was originally declared in Execu- on January 28, 2016; to the Committee on En- port suspected instances of child abuse and tive Order 13692 of March 8, 2015; to the Com- vironment and Public Works. neglect; to the Committee on Armed Serv- mittee on Banking, Housing, and Urban Af- EC–4333. A communication from the Direc- ices. fairs. tor of the Regulatory Management Division, H.R. 4056. An act to direct the Secretary of EC–4325. A communication from the Assist- Environmental Protection Agency, transmit- Veterans Affairs to convey to the Florida ant General Counsel for Legislation, Regula- ting, pursuant to law, the report of a rule en- Department of Veterans Affairs all right, tion and Energy Efficiency, Office of Energy titled ‘‘Additions to List of Section 241.4 Cat- title, and interest of the United States to the Efficiency and Renewable Energy, Depart- egorical Non-Waste Fuels’’ ((RIN2050–AG74) property known as ‘‘The Community Living ment of Energy, transmitting, pursuant to (FRL No. 9929–56–OLEM)) received in the Of- Center’’ at the Lake Baldwin Veterans Af- law, the report of a rule entitled ‘‘Energy fice of the President of the Senate on Janu- fairs Outpatient Clinic, Orlando, Florida; to Conservation Program: Energy Conservation ary 28, 2016; to the Committee on Environ- the Committee on Veterans’ Affairs. Standards for Pumps’’ ((RIN1904–AC54) ment and Public Works. H.R. 4437. An act to extend the deadline for (Docket No. EERE–2012–BT–STD–0031)) re- EC–4334. A communication from the Direc- the submittal of the final report required by ceived in the Office of the President of the tor of the Regulatory Management Division, the Commission on Care; to the Committee Senate on February 4, 2016; to the Com- Environmental Protection Agency, transmit- on Veterans’ Affairs. mittee on Energy and Natural Resources. ting, pursuant to law, the report of a rule entitled ‘‘Revisions to the California State Im- f EC–4326. A communication from the Direc- tor of the Regulatory Management Division, plementation Plan, Santa Barbara County EXECUTIVE AND OTHER Environmental Protection Agency, transmit- Air Pollution Control District; Permit Pro- COMMUNICATIONS ting, pursuant to law, the report of a rule en- gram’’ (FRL No. 9940–19–Region 9) received titled ‘‘Disapproval of California Air Plan during adjournment of the Senate in the Of- The following communications were fice of the President of the Senate on Feb- laid before the Senate, together with Revisions, South Coast Air Quality Manage- ment District’’ (FRL No. 9941–72–Region 9) ruary 5, 2016; to the Committee on Environ- accompanying papers, reports, and doc- received in the Office of the President of the ment and Public Works. EC–4335. A communication from the Direc- uments, and were referred as indicated: Senate on January 28, 2016; to the Committee tor of the Regulatory Management Division, EC–4318. A communication from the Direc- on Environment and Public Works. tor of the Regulatory Management Division, EC–4327. A communication from the Direc- Environmental Protection Agency, transmitting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- tor of the Regulatory Management Division, titled ‘‘Approval of California Air Plan Revi- ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- sions, Yolo-Solano Air Quality Management titled ‘‘Poly(oxy-1,2-ethanediyl), a-(3- ting, pursuant to law, the report of a rule en- District’’ (FRL No. 9941–11–Region 9) re- carboxy-1-oxosulfopropyl)-w-hydroxy, alkyl titled ‘‘Final Authorization of State-initi- ceived during adjournment of the Senate in (C10-C16) ethers, disodium salts; Exemption ated Changes and Incorporation by Reference the Office of the President of the Senate on from the Requirement of a Tolerance’’ (FRL of Approved State Hazardous Waste Manage- February 5, 2016; to the Committee on Envi- No. 9941–15–OCSPP) received during adjournment Program’’ (FRL No. 9940–27–Region 6) ronment and Public Works. ment of the Senate in the Office of the Presi- received in the Office of the President of the EC–4336. A communication from the Direc- dent of the Senate on February 5, 2016; to the Senate on January 28, 2016; to the Committee tor of the Regulatory Management Division, Committee on Agriculture, Nutrition, and on Environment and Public Works. Environmental Protection Agency, transmit- EC–4328. A communication from the Direc- Forestry. ting, pursuant to law, the report of a rule en- EC–4319. A communication from the Con- tor of the Regulatory Management Division, titled ‘‘Approval of Air Plan Revisions; Ari- gressional Review Coordinator , Animal and Environmental Protection Agency, transmit- zona; Rescissions and Corrections’’ (FRL No. Plant Health Inspection Service, Department ting, pursuant to law, the report of a rule en- 9942–03–Region 9) received during adjourn- of Agriculture, transmitting, pursuant to titled ‘‘Approval of Missouri’s Air Quality ment of the Senate in the Office of the Presi- law, the report of a rule entitled ‘‘Importa- Implementation Plans; Americold Logistics, dent of the Senate on February 5, 2016; to the tion of Orchids in Growing Media from Tai- LLC 24-Hour Particulate Matter (PM10) Na- Committee on Environment and Public wan’’ ((RIN0579–AE01) (Docket No. APHIS– tional Ambient Air Quality Standard Works. 2014–0041)) received in the Office of the Presi- (NAAQS) Consent Judgment’’ (FRL No. 9941– EC–4337. A communication from the Direc- dent of the Senate on February 4, 2016; to the 68–Region 7) received in the Office of the tor of the Regulatory Management Division, Committee on Agriculture, Nutrition, and President of the Senate on January 28, 2016; Environmental Protection Agency, transmit- Forestry. to the Committee on Environment and Pub- ting, pursuant to law, the report of a rule en- EC–4320. A communication from the Assist- lic Works. titled ‘‘Approval and Promulgation of Imple- ant Director, Senior Executive Management EC–4329. A communication from the Direc- mentation Plans; California; San Joaquin Office, Department of Defense, transmitting, tor of the Regulatory Management Division, Valley Unified Air Pollution Control Dis- pursuant to law, a report relative to a va- Environmental Protection Agency, transmit- trict; Employer Based Trip Reduction Pro- cancy in the position of General Counsel of ting, pursuant to law, the report of a rule en- grams’’ (FRL No. 9941–16–Region 9) received the Department of the Army, received in the titled ‘‘Approval and Promulgation of State during adjournment of the Senate in the Of- Office of the President of the Senate on Feb- Implementation Plan Revisions; Rules, Gen- fice of the President of the Senate on Feb- ruary 4, 2016; to the Committee on Armed eral Requirements and Test Methods; Utah’’ ruary 5, 2016; to the Committee on Environ- Services. (FRL No. 9933–49–Region 8) received in the ment and Public Works. EC–4321. A communication from the Sec- Office of the President of the Senate on Jan- EC–4338. A communication from the Dep- retary of the Treasury, transmitting, pursu- uary 28, 2016; to the Committee on Environ- uty Director, Administration for Aging, De- ant to law, a six-month periodic report on ment and Public Works. partment of Health and Human Services, the national emergency with respect to per- EC–4330. A communication from the Direc- transmitting, pursuant to law, the report of sons undermining democratic processes or tor of the Regulatory Management Division, a rule entitled ‘‘State Health Insurance As- institutions in Zimbabwe that was declared Environmental Protection Agency, transmit- sistance Program (SHIP)’’ (RIN0985–AA11) in Executive Order 13288 of March 6, 2003; to ting, pursuant to law, the report of a rule en- received in the Office of the President of the the Committee on Banking, Housing, and titled ‘‘Approval and Promulgation of Imple- Senate on February 4, 2016; to the Com- Urban Affairs. mentation Plans; Louisiana’’ (FRL No. 9941– mittee on Finance. EC–4322. A communication from the Sec- 51–Region 6) received in the Office of the EC–4339. A communication from the Chief retary of the Treasury, transmitting, pursu- President of the Senate on January 28, 2016; of the Publications and Regulations Branch, ant to law, a six-month periodic report on to the Committee on Environment and Pub- Internal Revenue Service, Department of the the national emergency with respect to lic Works. Treasury, transmitting, pursuant to law, the Ukraine that was originally declared in Ex- EC–4331. A communication from the Direc- report of a rule entitled ‘‘Health Insurance ecutive Order 13660 of March 6, 2014; to the tor of the Regulatory Management Division, Providers Fee; Procedural and Administra- Committee on Banking, Housing, and Urban Environmental Protection Agency, transmit- tive Guidance’’ (Notice 2016–14) received dur- Affairs. ting, pursuant to law, the report of a rule ening adjournment of the Senate in the Office EC–4323. A communication from the Assist- titled ‘‘Air Plan Approval; Minnesota; Inver of the President of the Senate on February 5, ant Director for Regulatory Affairs, Office of Hills SO2’’ (FRL No. 9941–53–Region 5) re- 2016; to the Committee on Finance.

VerDate Sep 11 2014 03:14 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A10FE6.007 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S818 CONGRESSIONAL RECORD — SENATE February 10, 2016 EC–4340. A communication from the Chief Diversion Control, Drug Enforcement Agen- on February 8, 2016; to the Committee on of the Publications and Regulations Branch, cy, Department of Justice, transmitting, Commerce, Science, and Transportation. Internal Revenue Service, Department of the pursuant to law, the report of a rule entitled EC–4358. A communication from the Man- Treasury, transmitting, pursuant to law, the ‘‘Schedules of Controlled Substances: Exten- agement and Program Analyst, Federal report of a rule entitled ‘‘Revenue Procedure sion of Temporary Placement of PB–22, 5F– Aviation Administration, Department of 2016–10’’ (Rev. Proc. 2016–10) received during PB–22, AB–FUBINACA and ADB–PINACA in Transportation, transmitting, pursuant to adjournment of the Senate in the Office of Schedule I of the Controlled Substances Act’’ law, the report of a rule entitled ‘‘Airworthi- the President of the Senate on February 5, (Docket No. DEA–385E) received during ad- ness Directives; Airbus Airplanes’’ ((RIN2120– 2016; to the Committee on Finance. journment of the Senate in the Office of the AA64) (Docket No. FAA–2015–0678)) received EC–4341. A communication from the Chief President of the Senate on February 5, 2016; in the Office of the President of the Senate of the Publications and Regulations Branch, to the Committee on the Judiciary. on February 8, 2016; to the Committee on Internal Revenue Service, Department of the EC–4351. A communication from the Dep- Commerce, Science, and Transportation. Treasury, transmitting, pursuant to law, the uty Assistant Administrator of the Office of EC–4359. A communication from the Man- report of a rule entitled ‘‘Permitted Dis- Diversion Control, Drug Enforcement Agen- agement and Program Analyst, Federal parity in Employer-Provided Contributions cy, Department of Justice, transmitting, Aviation Administration, Department of or Benefits’’ (Rev. Rul. 2016–05) received dur- pursuant to law, the report of a rule entitled Transportation, transmitting, pursuant to ing adjournment of the Senate in the Office ‘‘Schedules of Controlled Substances: Tem- law, the report of a rule entitled ‘‘Airworthi- of the President of the Senate on February 5, porary Placement of the Synthetic ness Directives; Airbus Airplanes’’ ((RIN2120– 2016; to the Committee on Finance. Cannabinoid MAB–CHMINACA into Schedule AA64) (Docket No. FAA–2015–1427)) received EC–4342. A communication from the Chief I’’ (Docket No. DEA–421F) received during in the Office of the President of the Senate of the Publications and Regulations Branch, adjournment of the Senate in the Office of on February 8, 2016; to the Committee on Internal Revenue Service, Department of the the President of the Senate on February 5, Commerce, Science, and Transportation. Treasury, transmitting, pursuant to law, the 2016; to the Committee on the Judiciary. EC–4360. A communication from the Man- report of a rule entitled ‘‘Allocation of Cred- EC–4352. A communication from the Dep- agement and Program Analyst, Federal itable Foreign Taxes’’ ((RIN1545–BM57) (TD uty Assistant Administrator of the Office of Aviation Administration, Department of 9748)) received during adjournment of the Diversion Control, Drug Enforcement Agen- Transportation, transmitting, pursuant to Senate in the Office of the President of the cy, Department of Justice, transmitting, law, the report of a rule entitled ‘‘Airworthi- Senate on February 5, 2016; to the Com- pursuant to law, the report of a rule entitled ness Directives; Airbus Airplanes’’ ((RIN2120– mittee on Finance. ‘‘Schedules of Controlled Substances: Table AA64) (Docket No. FAA–2015–1991)) received EC–4343. A communication from the Assist- of Excluded Nonnarcotic Products: Nasal De- in the Office of the President of the Senate ant Secretary for Legislation, Department of congestant Inhaler/Vapor Inhaler’’ (Docket on February 8, 2016; to the Committee on Health and Human Services, transmitting, No. DEA–409) received during adjournment of Commerce, Science, and Transportation. pursuant to law, a report entitled ‘‘Medicare the Senate in the Office of the President of EC–4361. A communication from the Man- National Coverage Determinations for Fiscal the Senate on February 5, 2016; to the Com- agement and Program Analyst, Federal Year 2015’’; to the Committee on Finance. mittee on the Judiciary. Aviation Administration, Department of EC–4344. A communication from the Assist- EC–4353. A communication from the Dep- Transportation, transmitting, pursuant to ant Secretary, Legislative Affairs, Depart- uty Assistant Administrator of the Office of law, the report of a rule entitled ‘‘Airworthi- ment of State, transmitting, pursuant to Diversion Control, Drug Enforcement Agen- ness Directives; Airbus Airplanes’’ ((RIN2120– law, a report relative to section 36(c) of the cy, Department of Justice, transmitting, AA64) (Docket No. FAA–2015–0824)) received Arms Export Control Act (DDTC 15–122); to pursuant to law, the report of a rule entitled in the Office of the President of the Senate the Committee on Foreign Relations. ‘‘Schedules of Controlled Substances: Table on February 8, 2016; to the Committee on EC–4345. A communication from the Assist- of Excluded Products: Vicks VapoInhaler’’ Commerce, Science, and Transportation. ant Secretary, Legislative Affairs, Depart- ((RIN1117–AB39) (Docket No. DEA–367)) re- EC–4362. A communication from the Man- ment of State, transmitting, pursuant to ceived during adjournment of the Senate in agement and Program Analyst, Federal law, a report relative to the interdiction of the Office of the President of the Senate on Aviation Administration, Department of aircraft engaged in illicit drug trafficking; February 5, 2016; to the Committee on the Transportation, transmitting, pursuant to to the Committee on Foreign Relations. Judiciary. law, the report of a rule entitled ‘‘Airworthi- EC–4346. A communication from the Assist- EC–4354. A communication from the Chief ness Directives; Airbus Airplanes’’ ((RIN2120– ant Secretary, Legislative Affairs, Depart- of the Border Security Regulations Branch, AA64) (Docket No. FAA–2014–1045)) received ment of State, transmitting, pursuant to Customs and Border Protection, Department in the Office of the President of the Senate law, a report relative to section 36(c) and of Homeland Security, transmitting, pursu- on February 8, 2016; to the Committee on 36(d) of the Arms Export Control Act (DDTC ant to law, the report of a rule entitled Commerce, Science, and Transportation. 15–050); to the Committee on Foreign Rela- ‘‘Elimination of Nonimmigrant Visa Exemp- EC–4363. A communication from the Man- tions. tion for Certain Caribbean Residents Coming agement and Program Analyst, Federal EC–4347. A communication from the Assist- to the United States as H–2A Agricultural Aviation Administration, Department of ant Legal Adviser for Treaty Affairs, Depart- Workers’’ ((RIN1651–AB09) (CBP Dec. 16–03)) Transportation, transmitting, pursuant to ment of State, transmitting, pursuant to the received during adjournment of the Senate law, the report of a rule entitled ‘‘Airworthi- Case-Zablocki Act, 1 U.S.C. 112b, as amended, in the Office of the President of the Senate ness Directives; Airbus Airplanes’’ ((RIN2120– the report of the texts and background state- on February 5, 2016; to the Committee on the AA64) (Docket No. FAA–2015–1429)) received ments of international agreements, other Judiciary. in the Office of the President of the Senate than treaties (List 2016–0012—2016–0021); to EC–4355. A communication from the Sec- on February 8, 2016; to the Committee on the Committee on Foreign Relations. retary of the Commission, Bureau of Com- Commerce, Science, and Transportation. EC–4348. A communication from the Direc- petition, Federal Trade Commission, trans- EC–4364. A communication from the Man- tor of Regulations and Policy Management mitting, pursuant to law, the report of a rule agement and Program Analyst, Federal Staff, Food and Drug Administration, De- entitled ‘‘Revised Jurisdictional Thresholds Aviation Administration, Department of partment of Health and Human Services, for Section 7A of the Clayton Act’’ (FR Doc. Transportation, transmitting, pursuant to transmitting, pursuant to law, the report of 2016–01451) received during adjournment of law, the report of a rule entitled ‘‘Airworthi- a rule entitled ‘‘Center for Food Safety and the Senate in the Office of the President of ness Directives; Airbus Airplanes’’ ((RIN2120– Applied Nutrition Library Address; Tech- the Senate on February 5, 2016; to the Com- AA64) (Docket No. FAA–2015–0937)) received nical Amendments’’ (Docket No. FDA–2015– mittee on the Judiciary. in the Office of the President of the Senate N–0011) received during adjournment of the EC–4356. A communication from the Man- on February 8, 2016; to the Committee on Senate in the Office of the President of the agement and Program Analyst, Federal Commerce, Science, and Transportation. Senate on February 5, 2016; to the Com- Aviation Administration, Department of EC–4365. A communication from the Man- mittee on Health, Education, Labor, and Transportation, transmitting, pursuant to agement and Program Analyst, Federal Pensions. law, the report of a rule entitled ‘‘Airworthi- Aviation Administration, Department of EC–4349. A communication from the Dep- ness Directives; Airbus Airplanes’’ ((RIN2120– Transportation, transmitting, pursuant to uty Director, Directorate of Cooperative and AA64) (Docket No. FAA–2015–8433)) received law, the report of a rule entitled ‘‘Airworthi- State Programs, Occupational Safety and in the Office of the President of the Senate ness Directives; Airbus Airplanes’’ ((RIN2120– Health Administration, transmitting, pursu- on February 8, 2016; to the Committee on AA64) (Docket No. FAA–2015–1981)) received ant to law, the report of a rule entitled Commerce, Science, and Transportation. in the Office of the President of the Senate ‘‘Maine State Plan for State and Local Gov- EC–4357. A communication from the Man- on February 8, 2016; to the Committee on ernment Employers’’ (RIN1218–AB97) re- agement and Program Analyst, Federal Commerce, Science, and Transportation. ceived in the Office of the President of the Aviation Administration, Department of EC–4366. A communication from the Man- Senate on February 8, 2016; to the Com- Transportation, transmitting, pursuant to agement and Program Analyst, Federal mittee on Health, Education, Labor, and law, the report of a rule entitled ‘‘Airworthi- Aviation Administration, Department of Pensions. ness Directives; Airbus Airplanes’’ ((RIN2120– Transportation, transmitting, pursuant to EC–4350. A communication from the Dep- AA64) (Docket No. FAA–2015–1275)) received law, the report of a rule entitled ‘‘Airworthi- uty Assistant Administrator of the Office of in the Office of the President of the Senate ness Directives; Airbus Airplanes’’ ((RIN2120–

VerDate Sep 11 2014 05:03 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A10FE6.009 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE February 10, 2016 CONGRESSIONAL RECORD — SENATE S819 AA64) (Docket No. FAA–2015–1422)) received received in the Office of the President of the received in the Office of the President of the in the Office of the President of the Senate Senate on February 8, 2016; to the Com- Senate on February 8, 2016; to the Com- on February 8, 2016; to the Committee on mittee on Commerce, Science, and Transpor- mittee on Commerce, Science, and Transpor- Commerce, Science, and Transportation. tation. tation. EC–4367. A communication from the Man- EC–4375. A communication from the Man- EC–4383. A communication from the Man- agement and Program Analyst, Federal agement and Program Analyst, Federal agement and Program Specialist, Federal Aviation Administration, Department of Aviation Administration, Department of Aviation Administration, Department of Transportation, transmitting, pursuant to Transportation, transmitting, pursuant to Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthi- law, the report of a rule entitled ‘‘Airworthi- law, the report of a rule entitled ‘‘Airworthi- ness Directives; The Boeing Company Air- ness Directives; Bombardier, Inc. Airplanes’’ ness Directives; Airbus Helicopters Deutsch- planes’’ ((RIN2120–AA64) (Docket No. FAA– ((RIN2120–AA64) (Docket No. FAA–2014–1049)) land GmbH (formerly Eurocopter Deutsch- 2015–1984)) received in the Office of the Presi- received in the Office of the President of the land GmbH) Helicopters’’ ((RIN2120–AA64) dent of the Senate on February 8, 2016; to the Senate on February 8, 2016; to the Com- (Docket No. FAA–2015–0669)) received in the Committee on Commerce, Science, and mittee on Commerce, Science, and Transpor- Office of the President of the Senate on Feb- Transportation. tation. ruary 8, 2016; to the Committee on Com- EC–4368. A communication from the Man- EC–4376. A communication from the Man- merce, Science, and Transportation. agement and Program Analyst, Federal agement and Program Analyst, Federal EC–4384. A communication from the Para- Aviation Administration, Department of Aviation Administration, Department of legal Specialist, Federal Aviation Adminis- Transportation, transmitting, pursuant to Transportation, transmitting, pursuant to tration, Department of Transportation, law, the report of a rule entitled ‘‘Airworthi- law, the report of a rule entitled ‘‘Airworthi- transmitting, pursuant to law, the report of ness Directives; The Boeing Company Air- ness Directives; Dassault Aviation Air- a rule entitled ‘‘Airworthiness Directives; planes’’ ((RIN2120–AA64) (Docket No. FAA– planes’’ ((RIN2120–AA64) (Docket No. FAA– MD Helicopters, Inc.’’ ((RIN2120–AA64) 2015–1990)) received in the Office of the Presi- 2015–2967)) received during adjournment of (Docket No. FAA–2015–1998)) received in the dent of the Senate on February 8, 2016; to the the Senate in the Office of the President of Office of the President of the Senate on Feb- Committee on Commerce, Science, and the Senate on February 8, 2016; to the Com- ruary 8, 2016; to the Committee on Com- Transportation. mittee on Commerce, Science, and Transpor- merce, Science, and Transportation. EC–4369. A communication from the Man- tation. EC–4385. A communication from the Man- agement and Program Analyst, Federal EC–4377. A communication from the Man- agement and Program Analyst, Federal Aviation Administration, Department of agement and Program Analyst, Federal Aviation Administration, Department of Transportation, transmitting, pursuant to Aviation Administration, Department of Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthi- Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthi- ness Directives; The Boeing Company Air- law, the report of a rule entitled ‘‘Airworthi- ness Directives; General Electric Company planes’’ ((RIN2120–AA64) (Docket No. FAA– ness Directives; Bell Helicopter Textron Can- Turbofan Engines’’ ((RIN2120–AA64) (Docket 2015–1281)) received in the Office of the Presi- ada Limited’’ ((RIN2120–AA64) (Docket No. No. FAA–2015–6823)) received in the Office of dent of the Senate on February 8, 2016; to the FAA–2016–2068)) received in the Office of the the President of the Senate on February 8, Committee on Commerce, Science, and President of the Senate on February 8, 2016; 2016; to the Committee on Commerce, Transportation. to the Committee on Commerce, Science, Science, and Transportation. EC–4370. A communication from the Man- and Transportation. EC–4386. A communication from the Man- agement and Program Analyst, Federal EC–4378. A communication from the Para- agement and Program Analyst, Federal Aviation Administration, Department of legal Specialist, Federal Aviation Adminis- Aviation Administration, Department of Transportation, transmitting, pursuant to tration, Department of Transportation, Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthi- transmitting, pursuant to law, the report of law, the report of a rule entitled ‘‘Standard ness Directives; The Boeing Company Air- a rule entitled ‘‘Airworthiness Directives; Instrument Approach Procedures, and Take- planes’’ ((RIN2120–AA64) (Docket No. FAA– Fokker Services B.V. Airplanes’’ ((RIN2120– off Minimums and Obstacle Departure Proce- 2015–1990)) received in the Office of the Presi- AA64) (Docket No. FAA–2015–1982)) received dures; Miscellaneous Amendments (56); dent of the Senate on February 8, 2016; to the in the Office of the President of the Senate Amdt. No. 3676’’ (RIN2120–AA65) received in Committee on Commerce, Science, and on February 8, 2016; to the Committee on the Office of the President of the Senate on Transportation. Commerce, Science, and Transportation. February 8, 2016; to the Committee on Com- EC–4371. A communication from the Man- EC–4379. A communication from the Man- merce, Science, and Transportation. agement and Program Analyst, Federal agement and Program Analyst, Federal EC–4387. A communication from the Man- Aviation Administration, Department of Aviation Administration, Department of agement and Program Analyst, Federal Transportation, transmitting, pursuant to Transportation, transmitting, pursuant to Aviation Administration, Department of law, the report of a rule entitled ‘‘Airworthi- law, the report of a rule entitled ‘‘Airworthi- Transportation, transmitting, pursuant to ness Directives; Bombardier, Inc. Airplanes’’ ness Directives; Piper Aircraft, Inc.’’ law, the report of a rule entitled ‘‘Standard ((RIN2120–AA64) (Docket No. FAA–2015–1987)) ((RIN2120–AA64) (Docket No. FAA–2015–4213)) Instrument Approach Procedures, and Take- received in the Office of the President of the received in the Office of the President of the off Minimums and Obstacle Departure Proce- Senate on February 8, 2016; to the Com- Senate on February 8, 2016; to the Com- dures; Miscellaneous Amendments (131); mittee on Commerce, Science, and Transpor- mittee on Commerce, Science, and Transpor- Amdt. No. 3675’’ (RIN2120–AA65) received in tation. tation. the Office of the President of the Senate on EC–4372. A communication from the Man- EC–4380. A communication from the Man- February 8, 2016; to the Committee on Com- agement and Program Analyst, Federal agement and Program Analyst, Federal merce, Science, and Transportation. Aviation Administration, Department of Aviation Administration, Department of EC–4388. A communication from the Man- Transportation, transmitting, pursuant to Transportation, transmitting, pursuant to agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Airworthi- law, the report of a rule entitled ‘‘Airworthi- Aviation Administration, Department of ness Directives; Bombardier, Inc. Airplanes’’ ness Directives; Agusta S.p.A. Helicopters’’ Transportation, transmitting, pursuant to ((RIN2120–AA64) (Docket No. FAA–2015–3140)) ((RIN2120–AA64) (Docket No. FAA–2015–1935)) law, the report of a rule entitled ‘‘Standard received in the Office of the President of the received in the Office of the President of the Instrument Approach Procedures, and Take- Senate on February 8, 2016; to the Com- Senate on February 8, 2016; to the Com- off Minimums and Obstacle Departure Proce- mittee on Commerce, Science, and Transpor- mittee on Commerce, Science, and Transpor- dures; Miscellaneous Amendments (49); tation. tation. Amdt. No. 3673’’ (RIN2120–AA65) received in EC–4373. A communication from the Man- EC–4381. A communication from the Man- the Office of the President of the Senate on agement and Program Analyst, Federal agement and Program Analyst, Federal February 8, 2016; to the Committee on Com- Aviation Administration, Department of Aviation Administration, Department of merce, Science, and Transportation. Transportation, transmitting, pursuant to Transportation, transmitting, pursuant to EC–4389. A communication from the Man- law, the report of a rule entitled ‘‘Airworthi- law, the report of a rule entitled ‘‘Airworthi- agement and Program Analyst, Federal ness Directives; Bombardier, Inc. Airplanes’’ ness Directives; Agusta S.p.A. Helicopters’’ Aviation Administration, Department of ((RIN2120–AA64) (Docket No. FAA–2015–0081)) ((RIN2120–AA64) (Docket No. FAA–2015–8695)) Transportation, transmitting, pursuant to received in the Office of the President of the received in the Office of the President of the law, the report of a rule entitled ‘‘Standard Senate on February 8, 2016; to the Com- Senate on February 8, 2016; to the Com- Instrument Approach Procedures, and Take- mittee on Commerce, Science, and Transpor- mittee on Commerce, Science, and Transpor- off Minimums and Obstacle Departure Proce- tation. tation. dures; Miscellaneous Amendments (15); EC–4374. A communication from the Man- EC–4382. A communication from the Man- Amdt. No. 3674’’ (RIN2120–AA65) received in agement and Program Analyst, Federal agement and Program Analyst, Federal the Office of the President of the Senate on Aviation Administration, Department of Aviation Administration, Department of February 8, 2016; to the Committee on Com- Transportation, transmitting, pursuant to Transportation, transmitting, pursuant to merce, Science, and Transportation. law, the report of a rule entitled ‘‘Airworthi- law, the report of a rule entitled ‘‘Airworthi- EC–4390. A communication from the Man- ness Directives; Bombardier, Inc. Airplanes’’ ness Directives; Airbus Helicopters’’ agement and Program Analyst, Federal ((RIN2120–AA64) (Docket No. FAA–2014–0447)) ((RIN2120–AA64) (Docket No. FAA–2014–0577)) Aviation Administration, Department of

VerDate Sep 11 2014 03:14 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A10FE6.012 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S820 CONGRESSIONAL RECORD — SENATE February 10, 2016 Transportation, transmitting, pursuant to EC–4398. A communication from the Man- urging the Centers for Disease Control and law, the report of a rule entitled ‘‘Standard agement and Program Analyst, Federal Prevention to take action to improve pre- Instrument Approach Procedures, and Take- Aviation Administration, Department of vention, diagnosis, and treatment of Lyme off Minimums and Obstacle Departure Proce- Transportation, transmitting, pursuant to disease; to the Committee on Health, Edu- dures; Miscellaneous Amendments (124); law, the report of a rule entitled ‘‘Amend- cation, Labor, and Pensions. Amdt. No. 3677’’ (RIN2120–AA65) received in ment of Class D Airspace; Denver, CO’’ HOUSE CONCURRENT RESOLUTION NUMBER 51 the Office of the President of the Senate on ((RIN2120–AA66) (Docket No. FAA–2015–6753)) Whereas, Lyme disease is the most com- February 8, 2016; to the Committee on Com- received in the Office of the President of the mon tick-borne illness in the United States, merce, Science, and Transportation. Senate on February 8, 2016; to the Com- with the Centers for Disease Control and EC–4391. A communication from the Man- mittee on Commerce, Science, and Transpor- Prevention (CDC) estimating that 300,000 agement and Program Analyst, Federal tation. Americans are diagnosed with the disease Aviation Administration, Department of EC–4399. A communication from the Man- Transportation, transmitting, pursuant to each year; and agement and Program Analyst, Federal Whereas, Many cases of Lyme disease are law, the report of a rule entitled ‘‘Standard Aviation Administration, Department of never reported to the CDC, as only approxi- Instrument Approach Procedures, and Take- Transportation, transmitting, pursuant to mately 30,000 of the estimated 300,000 cases of off Minimums and Obstacle Departure Proce- law, the report of a rule entitled ‘‘Modifica- Lyme disease are reported to the CDC by dures; Miscellaneous Amendments (19); tion of VOR Federal Airway V–443; North state health departments each year; and Amdt. No. 3678’’ (RIN2120–AA65) received in Central United States’’ ((RIN2120–AA66) Whereas, Lyme disease can cause dev- the Office of the President of the Senate on (Docket No. FAA–2015–7611)) received in the astating health consequences if left un- February 8, 2016; to the Committee on Com- Office of the President of the Senate on Feb- treated, such as severe pain, heart palpita- merce, Science, and Transportation. ruary 8, 2016; to the Committee on Com- EC–4392. A communication from the Man- tions, and chronic neurological damage; and merce, Science, and Transportation. Whereas, Diagnosis of Lyme disease is dif- agement and Program Analyst, Federal EC–4400. A communication from the Man- ficult because there is no general consensus Aviation Administration, Department of agement and Program Analyst, Federal on the definition of its symptoms and the Transportation, transmitting, pursuant to Aviation Administration, Department of symptoms are similar to those of other con- law, the report of a rule entitled ‘‘Airworthi- Transportation, transmitting, pursuant to ditions, leading to misdiagnoses. Further- ness Directives; Agusta S.p.A. Helicopters’’ law, the report of a rule entitled ‘‘Amend- more, current Lyme disease testing methods ((RIN2120–AA64) (Docket No. FAA–2016–2069)) ment of United States Area Navigation received in the Office of the President of the often lead to inaccurate results; and (RNAV) Route Q–35, Western United States’’ Whereas, There remains much debate in Senate on February 8, 2016; to the Com- ((RIN2120–AA66) (Docket No. FAA–2013–6001)) the medical community concerning the prop- mittee on Commerce, Science, and Transpor- received in the Office of the President of the er courses of action for diagnosing and for tation. Senate on February 8, 2016; to the Com- EC–4393. A communication from the Man- treating Lyme disease; and mittee on Commerce, Science, and Transpor- Whereas, Greater knowledge of Lyme dis- agement and Program Analyst, Federal tation. ease and its causes will put the general pub- Aviation Administration, Department of EC–4401. A communication from the Direc- lic in a better position to avoid contracting Transportation, transmitting, pursuant to tor, National Marine Fisheries Service, De- the disease: Now, therefore, be it law, the report of a rule entitled ‘‘Amend- partment of Commerce, transmitting, pursu- Resolved, That we, the members of the 131st ment of Class E Airspace for the following ant to law, the report of a rule entitled ‘‘At- General Assembly of the State of Ohio, in New York Towns; Elmira, NY; Ithaca, NY; lantic Highly Migratory Species; North At- adopting this resolution, urge the CDC to Poughkeepsie, NY’’ ((RIN2120–AA66) (Docket lantic Swordfish Fishery’’ (RIN0648–XE295) take the following actions: No. FAA–2015–4514)) received in the Office of received during adjournment of the Senate (1) Update definitions of Lyme disease the President of the Senate on February 8, in the Office of the President of the Senate symptoms by clinical diagnosis; 2016; to the Committee on Commerce, on February 5, 2016; to the Committee on (2) Reconsider standards and best practices Science, and Transportation. Commerce, Science, and Transportation. for diagnosing and for treating Lyme dis- EC–4394. A communication from the Man- EC–4402. A communication from the Direc- ease; agement and Program Analyst, Federal tor, National Marine Fisheries Service, De- (3) Provide more resources for health care Aviation Administration, Department of partment of Commerce, transmitting, pursu- professionals and the general public to learn Transportation, transmitting, pursuant to ant to law, the report of a rule entitled ‘‘At- about Lyme disease to aid in prevention, di- law, the report of a rule entitled ‘‘Amend- lantic Highly Migratory Species; Atlantic agnosis, and treatment of the disease; ment of Class E Airspace; El Paso TX’’ Bluefin Tuna Fisheries’’ (RIN0648–XE346) re- (4) Improve the techniques that state and ((RIN2120–AA66) (Docket No. FAA–2014–1074)) ceived in the Office of the President of the local public health agencies use to report received in the Office of the President of the Senate on February 8, 2016; to the Com- cases of Lyme disease diagnoses so that Senate on February 8, 2016; to the Com- mittee on Commerce, Science, and Transpor- fewer cases go unreported and the CDC can mittee on Commerce, Science, and Transpor- tation. better monitor the incidence of the disease tation. EC–4403. A communication from the Assist- across the nation; EC–4395. A communication from the Man- ant Administrator for Fisheries, National (5) Provide the means for improved labora- agement and Program Analyst, Federal Oceanic and Atmospheric Administration, tory testing or funding for improved labora- Aviation Administration, Department of Department of Commerce, transmitting, pur- tory testing to enhance early detection of Transportation, transmitting, pursuant to suant to law, the report of a rule entitled Lyme disease in humans; and be it further law, the report of a rule entitled ‘‘Amend- ‘‘Endangered and Threatened Wildlife and Resolved, That the Clerk of the House of ment of Class E Airspace; Boise, ID’’ Plants; Critical Habitat for Endangered Representatives transmit duly authenticated ((RIN2120–AA66) (Docket No. FAA–2015–3674)) North Atlantic Right Whale’’ (RIN0648–AY54) copies of this resolution to the President of received in the Office of the President of the received during adjournment of the Senate the United States, to the United States Sec- Senate on February 8, 2016; to the Com- in the Office of the President of the Senate retary of Health and Human Services, to the mittee on Commerce, Science, and Transpor- on February 5, 2016; to the Committee on Director of the Centers for Disease Control tation. Commerce, Science, and Transportation. and Prevention, to the Speaker and Clerk of EC–4396. A communication from the Man- EC–4404. A communication from the Dep- the United States House of Representatives, agement and Program Analyst, Federal uty Assistant Administrator for Regulatory to the President Pro Tempore and Secretary Aviation Administration, Department of Programs, Office of Sustainable Fisheries, of the United States Senate, to the members Transportation, transmitting, pursuant to Department of Commerce, transmitting, pur- of the Ohio Congressional delegation, and to law, the report of a rule entitled ‘‘Revoca- suant to law, the report of a rule entitled the news media of Ohio. tion and Establishment of Class E Airspace; ‘‘Endangered and Threatened Wildlife and Bowman, ND’’ ((RIN2120–AA66) (Docket No. Plants; Final Listing Determinations on POM–130. A concurrent resolution adopted FAA–2015–1834)) received in the Office of the Proposal to List the Banggai Cardinalfish by the Legislature of the State of Michigan President of the Senate on February 8, 2016; and Harrisson’s Dogfish Under the Endan- urging the United States Department of Vet- to the Committee on Commerce, Science, gered Species Act’’ (RIN0648–XE328) received erans Affairs and the United States Congress and Transportation. in the Office of the President of the Senate to create a pilot program in Michigan insti- EC–4397. A communication from the Man- on February 8, 2016; to the Committee on tuting a flexible Veterans Choice Card sys- agement and Program Analyst, Federal Commerce, Science, and Transportation. Aviation Administration, Department of tem structured similar to a traditional f Transportation, transmitting, pursuant to health care program for all veterans in law, the report of a rule entitled ‘‘Amend- PETITIONS AND MEMORIALS Michigan; to the Committee on Veterans’ Af- fairs. ment of Class D and Class E Airspace, Rev- The following petitions and memo- ocation of Class E Airspace; Chico, CA’’ HOUSE CONCURRENT RESOLUTION NO. 7 ((RIN2120–AA66) (Docket No. FAA–2015–3899)) rials were laid before the Senate and Whereas, The men and women who serve received in the Office of the President of the were referred or ordered to lie on the our country deserve our utmost respect and Senate on February 8, 2016; to the Com- table as indicated: appreciation. Many of them are injured in mittee on Commerce, Science, and Transpor- POM–129. A concurrent resolution adopted the line of duty and come home to face chal- tation. by the General Assembly of the State of Ohio lenging physical disabilities and other

VerDate Sep 11 2014 03:14 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A10FE6.014 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE February 10, 2016 CONGRESSIONAL RECORD — SENATE S821 health issues. All veterans are entitled to EXECUTIVE REPORT OF copper in drinking water, and other pur- the best health care we can give them; and COMMITTEE poses; to the Committee on Environment and Whereas, According to the U.S. Govern- Public Works. ment Accountability Office, several vari- The following executive report of a By Mr. SCHATZ (for himself and Mr. ables affect a veteran’s ability to access VA nomination was submitted: MORAN): health care. Veterans may have difficulty By Mr. JOHNSON for the Committee on S. 2536. A bill to require the Administrator travelling to a distant facility for care or be Homeland Security and Governmental Af- of the Federal Aviation Administration to unable to secure an appointment in an ac- fairs. issue a notice of proposed rulemaking re- ceptable period of time to deal quickly with *Beth F. Cobert, of California, to be Direc- garding the inclusion in aircraft medical a medical issue; and tor of the Office of Personnel Management kits of medications and equipment to meet Whereas, To provide a more flexible VA for a term of four years. the emergency medical needs of children; to health care system, Congress enacted the *Nomination was reported with rec- the Committee on Commerce, Science, and Veterans Access, Choice, and Accountability ommendation that it be confirmed sub- Transportation. Act of 2014, allowing for care outside of the ject to the nominee’s commitment to By Mr. CRUZ: traditional VA system. Under the act, the S. 2537. A bill to amend the Anti-Terrorism new Choice Program will provide many vet- respond to requests to appear and tes- Act of 1987 with respect to certain prohibi- erans with VA compensated health care at a tify before any duly constituted com- tions regarding the Palestine Liberation Or- non-VA center, providing more timely ap- mittee of the Senate. ganization under that Act; to the Committee pointments, less bureaucratic red tape, and f on Foreign Relations. easier travel; and By Mr. CRUZ (for himself and Mr. SES- Whereas, As currently structured, the INTRODUCTION OF BILLS AND SIONS): Choice Program limits non-VA health care JOINT RESOLUTIONS S. 2538. A bill to provide resources and in- to veterans residing more than 40 miles from The following bills and joint resolu- centives for the enforcement of immigration a VA health facility. The law does not dif- tions were introduced, read the first laws in the interior of the United States and ferentiate between types of VA health care and second times by unanimous con- for other purposes; to the Committee on the facilities. Therefore, a veteran living near a Judiciary. sent, and referred as indicated: small VA clinic but needing specialty cardi- By Mr. CASEY (for himself, Mrs. GILLI- ology care at a VA facility 100 miles away By Mr. TESTER (for himself and Mr. BRAND, Mr. FRANKEN, Ms. BALDWIN, will not be allowed to access private cardi- SULLIVAN): Mr. REED, Ms. WARREN, Mr. DURBIN, ology care. Also, the program requires that S. 2527. A bill to amend title 38, United Ms. HIRONO, and Mr. MERKLEY): every appointment for care be cleared by a States Code, to improve the mental health S. 2539. A bill to amend the Social Security program manager: Now, therefore, be it treatment provided by the Secretary of Vet- Act to provide for mandatory funding, to en- Resolved by the House of Representatives (the erans Affairs to veterans who served in clas- sure that the families that have infants and Senate Concurring), That we urge the United sified missions; to the Committee on Vet- toddlers, have a family income of not more States Department of Veterans Affairs and erans’ Affairs. than 200 percent of the applicable Federal the United States Congress to create a pilot By Mr. NELSON: poverty guideline, and need child care have program in Michigan instituting a flexible S. 2528. A bill to promote the safe manufac- access to high-quality infant and toddler Veterans Choice Card system structured ture, use, and transportation of lithium bat- child care by the end of fiscal year 2026, and similar to a traditional health care program teries and cells, and for other purposes; to for other purposes; to the Committee on Fi- for all veterans in Michigan; and be it fur- the Committee on Commerce, Science, and nance. Transportation. ther f Resolved, That copies of this resolution be By Mr. SULLIVAN (for himself, Ms. transmitted to the President of the United CANTWELL, and Ms. MURKOWSKI): SUBMISSION OF CONCURRENT AND S. 2529. A bill to amend the Richard B. Rus- States Senate, the Speaker of the United SENATE RESOLUTIONS States House of Representatives, the mem- sell National School Lunch Act to require bers of the Michigan congressional delega- that the Buy American purchase require- The following concurrent resolutions tion, and the United States Secretary of Vet- ment for the school lunch program include and Senate resolutions were read, and erans Affairs. fish harvested within United States waters, referred (or acted upon), as indicated: and for other purposes; to the Committee on By Mr. CARDIN (for himself, Mr. Agriculture, Nutrition, and Forestry. POM–131. A petition by a citizen from the MCCAIN, Mr. SCHATZ, Mr. SULLIVAN, State of Texas urging the United States Con- By Ms. MURKOWSKI: S. 2530. A bill to amend the Internal Rev- Mrs. FEINSTEIN, and Ms. HIRONO): gress to propose, for ratification by special enue Code of 1986 to modify the exemption S. Res. 370. A resolution recognizing that conventions held within the individual for certain aircraft from the excise taxes on for nearly 40 years, the United States and states, an amendment to the United States transportation by air; to the Committee on the Association of South East Asian Nations Constitution which would establish a proce- Finance. (ASEAN) have worked toward stability, pros- dure by which members of the United States By Mr. KIRK (for himself and Mr. perity, and peace in Southeast Asia; to the Senate and of the United States House of Committee on Foreign Relations. MANCHIN): Representatives may be involuntarily re- S. 2531. A bill to authorize State and local By Mr. LEE (for himself, Mr. HATCH, moved from office by means of a recall elec- governments to divest from entities that en- Mrs. FISCHER, and Mr. SASSE): tion; to the Committee on the Judiciary. gage in commerce-related or investment-re- S. Con. Res. 30. A concurrent resolution ex- lated boycott, divestment, or sanctions ac- pressing concern over the disappearance of f tivities targeting Israel, and for other pur- David Sneddon, and for other purposes; to poses; to the Committee on Banking, Hous- the Committee on Foreign Relations. REPORTS OF COMMITTEES ing, and Urban Affairs. f The following reports of committees By Mr. CARDIN: S. 2532. A bill to authorize appropriations ADDITIONAL COSPONSORS were submitted: for the Drinking Water State Revolving S. 71 By Mr. CORKER, from the Committee on Fund and the Clean Water State Revolving Foreign Relations, with an amendment in Fund; to the Committee on Environment and At the request of Mr. INHOFE, his the nature of a substitute and an amendment Public Works. name was added as a cosponsor of S. 71, to the title and with an amended preamble: By Mrs. FEINSTEIN: a bill to preserve open competition and S. Res. 99. A resolution calling on the Gov- S. 2533. A bill to provide short-term water Federal Government neutrality to- ernment of Iran to fulfill its promises of as- supplies to drought-stricken California and wards the labor relations of Federal sistance in the case of Robert Levinson, the provide for long-term investments in Government contractors on Federal longest held United States civilian in our drought resiliency throughout the Western and federally funded construction Nation’s history. United States; to the Committee on Energy projects. By Mr. CORKER, from the Committee on and Natural Resources. Foreign Relations, without amendment and By Mr. TOOMEY: S. 391 with a preamble: S. 2534. A bill to amend the National Child At the request of Mr. PAUL, the name S. Res. 330. A resolution congratulating the Protection Act of 1993 to establish a perma- of the Senator from Kansas (Mr. Tunisian National Dialogue Quartet for win- nent background check system for private MORAN) was added as a cosponsor of S. ning the 2015 Nobel Peace Prize. security officers; to the Committee on the 391, a bill to preserve and protect the By Mr. CORKER, from the Committee on Judiciary. Foreign Relations, with amendments and By Mr. BROWN (for himself and Mr. free choice of individual employees to with a preamble: PORTMAN): form, join, or assist labor organiza- S. Res. 361. A resolution urging robust S. 2535. A bill to provide deadlines for cor- tions, or to refrain from such activi- funding for humanitarian relief for Syria. rosion control treatment steps for lead and ties.

VerDate Sep 11 2014 03:14 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A10FE6.018 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S822 CONGRESSIONAL RECORD — SENATE February 10, 2016 S. 613 sissippi (Mr. COCHRAN) and the Senator setts (Mr. MARKEY) was added as a co- At the request of Mrs. GILLIBRAND, from Oklahoma (Mr. LANKFORD) were sponsor of S. 2218, a bill to amend the the name of the Senator from Rhode Is- added as cosponsors of S. 1890, a bill to Internal Revenue Code of 1986 to treat land (Mr. WHITEHOUSE) was added as a amend chapter 90 of title 18, United certain amounts paid for physical ac- cosponsor of S. 613, a bill to amend the States Code, to provide Federal juris- tivity, fitness, and exercise as amounts Richard B. Russell National School diction for the theft of trade secrets, paid for medical care. Lunch Act to improve the efficiency of and for other purposes. S. 2235 summer meals. S. 1909 At the request of Mr. UDALL, his S. 800 At the request of Mr. CRUZ, his name name was added as a cosponsor of S. At the request of Mr. KIRK, the name was added as a cosponsor of S. 1909, a 2235, a bill to repeal debt collection of the Senator from Tennessee (Mr. bill to protect communities from de- amendments made by the Bipartisan ALEXANDER) was added as a cosponsor structive Federal overreach by the De- Budget Act of 2015. of S. 800, a bill to improve, coordinate, partment of Housing and Urban Devel- S. 2272 and enhance rehabilitation research at opment. At the request of Mr. DURBIN, the the National Institutes of Health. S. 1968 name of the Senator from Connecticut S. 901 At the request of Mr. BLUMENTHAL, (Mr. MURPHY) was added as a cosponsor At the request of Mr. MORAN, the the name of the Senator from New of S. 2272, a bill to amend the Higher name of the Senator from Nevada (Mr. York (Mrs. GILLIBRAND) was added as a Education Act of 1965 regarding propri- HELLER) was added as a cosponsor of S. cosponsor of S. 1968, a bill to amend the etary institutions of higher education 901, a bill to establish in the Depart- Securities Exchange Act of 1934 to rein order to protect students and tax- ment of Veterans Affairs a national quire certain companies to disclose in- payers. center for research on the diagnosis formation describing any measures the S. 2423 and treatment of health conditions of company has taken to identify and ad- At the request of Mrs. SHAHEEN, the the descendants of veterans exposed to dress conditions of forced labor, slav- name of the Senator from Pennsyl- toxic substances during service in the ery, human trafficking, and the worst vania (Mr. CASEY) was added as a co- Armed Forces that are related to that forms of child labor within the com- sponsor of S. 2423, a bill making appro- exposure, to establish an advisory pany’s supply chains. priations to address the heroin and board on such health conditions, and S. 2021 opioid drug abuse epidemic for the fis- for other purposes. At the request of Mr. BOOKER, the cal year ending September 30, 2016, and S. 1081 name of the Senator from Virginia (Mr. for other purposes. At the request of Mr. BOOKER, the WARNER) was added as a cosponsor of S. S. 2437 name of the Senator from California 2021, a bill to prohibit Federal agencies At the request of Ms. MIKULSKI, the (Mrs. FEINSTEIN) was added as a co- and Federal contractors from request- names of the Senator from South Da- sponsor of S. 1081, a bill to end the use ing that an applicant for employment kota (Mr. THUNE) and the Senator from of body-gripping traps in the National disclose criminal history record infor- California (Mrs. FEINSTEIN) were added Wildlife Refuge System. mation before the applicant has re- as cosponsors of S. 2437, a bill to amend ceived a conditional offer, and for title 38, United States Code, to provide S. 1378 other purposes. for the burial of the cremated remains At the request of Mr. PAUL, the S. 2040 of persons who served as Women’s Air names of the Senator from New Hamp- At the request of Mr. CORNYN, the Forces Service Pilots in Arlington Na- shire (Ms. AYOTTE) and the Senator names of the Senator from Illinois (Mr. tional Cemetery, and for other pur- from Iowa (Mrs. ERNST) were added as KIRK) and the Senator from Pennsyl- poses. cosponsors of S. 1378, a bill to strength- vania (Mr. TOOMEY) were added as co- S 2444 en employee cost savings suggestions . sponsors of S. 2040, a bill to deter ter- programs within the Federal Govern- At the request of Mr. INHOFE, the rorism, provide justice for victims, and ment. name of the Senator from Mississippi for other purposes. (Mr. COCHRAN) was added as a cospon- S. 1566 S. 2144 sor of S. 2444, a bill to amend title 18, At the request of Mr. KIRK, the name At the request of Mr. GARDNER, the United States Code, to provide for the of the Senator from Oregon (Mr. names of the Senator from South Caro- disposition, within 60 days, of an appli- MERKLEY) was added as a cosponsor of lina (Mr. GRAHAM) and the Senator cation to exempt a projectile from S. 1566, a bill to amend the Public from Oklahoma (Mr. INHOFE) were classification as armor piercing ammu- Health Service Act to require group added as cosponsors of S. 2144, a bill to nition. and individual health insurance cov- improve the enforcement of sanctions S. 2469 erage and group health plans to provide against the Government of North At the request of Mr. BLUMENTHAL, for coverage of oral anticancer drugs Korea, and for other purposes. the name of the Senator from New Jer- on terms no less favorable than the S. 2166 sey (Mr. MENENDEZ) was added as a co- coverage provided for anticancer medi- At the request of Mr. BLUNT, the sponsor of S. 2469, a bill to repeal the cations administered by a health care name of the Senator from Maine (Ms. Protection of Lawful Commerce in provider. COLLINS) was added as a cosponsor of S. Arms Act. S. 1622 2166, a bill to amend part B of title IV S. 2474 At the request of Mr. BURR, the name of the Social Security Act to ensure At the request of Mr. COTTON, the of the Senator from Tennessee (Mr. that mental health screenings and as- name of the Senator from Oklahoma ALEXANDER) was added as a cosponsor sessments are provided to children and (Mr. INHOFE) was added as a cosponsor of S. 1622, a bill to amend the Federal youth upon entry into foster care. of S. 2474, a bill to allow for additional Food, Drug, and Cosmetic Act with re- S. 2178 markings, including the words ‘‘Israel’’ spect to devices. At the request of Mr. BOOZMAN, the and ‘‘Product in Israel,’’ to be used for S. 1831 name of the Senator from Ohio (Mr. country of origin marking require- At the request of Mr. TOOMEY, the PORTMAN) was added as a cosponsor of ments for goods made in the geo- name of the Senator from Maine (Ms. S. 2178, a bill to amend the Internal graphical areas known as the West COLLINS) was added as a cosponsor of S. Revenue Code of 1986 to make perma- Bank and Gaza Strip. 1831, a bill to revise section 48 of title nent certain provisions of the Heart- S. 2487 18, United States Code, and for other land, Habitat, Harvest, and Horti- At the request of Mrs. BOXER, the purposes. culture Act of 2008 relating to timber, name of the Senator from New Hamp- S. 1890 and for other purposes. shire (Mrs. SHAHEEN) was added as a co- At the request of Mr. HATCH, the S. 2218 sponsor of S. 2487, a bill to direct the names of the Senator from Delaware At the request of Mr. THUNE, the Secretary of Veterans Affairs to iden- (Mr. CARPER), the Senator from Mis- name of the Senator from Massachu- tify mental health care and suicide

VerDate Sep 11 2014 03:14 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A10FE6.023 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE February 10, 2016 CONGRESSIONAL RECORD — SENATE S823 prevention programs and metrics that STATEMENTS ON INTRODUCED Some single mothers are traveling as are effective in treating women vet- BILLS AND JOINT RESOLUTIONS far as Washington State for work to erans as part of the evaluation of such By Mrs. FEINSTEIN: help support their families. programs by the Secretary, and for S. 2533. A bill to provide short-term Land subsidence from pumping too other purposes. water supplies to drought-stricken much groundwater has caused large S. 2492 California and provide for long-term areas of the San Joaquin Valley to sink At the request of Mr. WYDEN, the investments in drought resiliency by as much as two inches per month. name of the Senator from Minnesota throughout the Western United States; As a result, bridges, aqueducts and (Ms. KLOBUCHAR) was added as a co- to the Committee on Energy and Nat- roads have already begun to crack. Mr. President, 50 million large trees sponsor of S. 2492, a bill to amend the ural Resources. Internal Revenue Code of 1986 to pro- Mrs. FEINSTEIN. Mr. President, I are dead or likely will die from lack of vide matching payments for retirement rise today to speak about the historic water, and another 888 million trees ex- savings contributions by certain indi- drought that is devastating California perienced loss of canopy cover since viduals. and much of the West. 2011. These are just some of the many ex- S. 2497 To help address this disaster, today I amples of the dreadful effect the At the request of Mr. BLUNT, the am introducing the California Long- drought is having on California. name of the Senator from Wyoming Term Provisions for Water Supply and The bill I am introducing today in- (Mr. ENZI) was added as a cosponsor of Short-Term Provisions for Emergency cludes a wide range of provisions to ad- S. 2497, a bill to amend the Securities Drought Relief Act. dress two key needs: Exchange Act of 1934 to provide protec- Let me begin by saying that the El First, long-term solutions. In addi- ˜ tions for retail customers, and for Nino we’re seeing now in California tion to helping the many communities other purposes. brings with it some good news. that are running out of water, we must The Sierra Nevada snowpack is the S. 2502 create a new water infrastructure that deepest it has been in 5 years, and At the request of Mr. ISAKSON, the is not as dependent on annual levels of water content is up. names of the Senator from Missouri rain or snow. That is why the bill in- The California Department of Water (Mr. BLUNT) and the Senator from Wyo- cludes many programs to promote Resources reported in early-February ming (Mr. ENZI) were added as cospon- long-term drought resiliency. sors of S. 2502, a bill to amend the Em- that the statewide snowpack stands at California is now home to 40 million ployee Retirement Income Security 25.4 inches, or 130 percent of the histor- people, but is relying on State and Fed- Act of 1974 to ensure that retirement ical average. eral water infrastructure first con- But we are faced with three prob- investors receive advice in their best structed in the 1960s when California’s lems. interests, and for other purposes. population was just 16 million. ˜ S. 2505 First, one El Nino—even a strong El The Central Valley Project and the ˜ At the request of Mr. KIRK, the name Nino—won’t be sufficient to pull us out State Water Project were completed in of the Senator from Wyoming (Mr. of this drought. Experts say we need at the 1970s, and neither have kept pace ENZI) was added as a cosponsor of S. least 3 consecutive years of above-aver- with the rapid growth in California’s 2505, a bill to amend the Internal Rev- age precipitation. population or economy. enue Code of 1986 to ensure that retire- Second, we lack the infrastructure Put another way, California’s major ment investors receive advice in their needed to store much of this water. We water infrastructure has remained best interests, and for other purposes. need to do more to increase the largely unchanged for the past 40 years amount of water we can hold from wet S. 2512 while California’s population has more years to dry years. At the request of Mr. FRANKEN, the than doubled. names of the Senator from New Jersey And while river flows are extremely To address this, we must come up high from these winter storms, we are (Mr. MENENDEZ) and the Senator from with long-term solutions to address not taking advantage of them to the Illinois (Mr. KIRK) were added as co- these water infrastructure gaps. sponsors of S. 2512, a bill to expand the extent we should. This must include investments in What that means is tens of thousands tropical disease product priority re- water storage projects, desalination of acre-feet are flowing out into the view voucher program to encourage plants and water recycling projects, as Pacific Ocean rather than being col- treatments for Zika virus. well as programs to assist vulnerable lected for later use. communities, fund research and sup- S. RES. 346 So while California is getting some At the request of Mr. TOOMEY, his port ecosystem restoration. much-needed rain, it’s not likely to be In addition to those long-term solu- name was added as a cosponsor of S. enough to end this historic drought. Res. 346, a resolution expressing oppo- tions, the bill would also provide short- Let me be clear; this drought is hurt- term, temporary solutions which are sition to the European Commission in- ing California. terpretive notice regarding labeling limited to the duration of the Gov- Mr. President, 69 communities are ernor’s drought declaration or two Israeli products and goods manufac- facing significant water supply and tured in the West Bank and other years, whichever is longer. water quality issues, 2,591 wells are These provisions will help make the areas, as such actions undermine the critically low or dry affecting some water-delivery system more efficient Israeli-Palestinian peace process. 13,000 residents; California’s economy during this current drought, and they AMENDMENT NO. 3167 lost $2.7 billion from the drought in will do so without any mandated pump- At the request of Mr. BOOKER, the 2015. ing levels. name of the Senator from Illinois (Mr. The agricultural sector lost approxi- Under this bill State and Federal of- KIRK) was added as a cosponsor of mately $1.8 billion from the drought in ficials will continue to determine ap- amendment No. 3167 intended to be pro- 2015, exceeding the $41.5 billion loss in propriate pumping levels, and all short- posed to S. 2012, an original bill to pro- 2014. term operations must comply with ex- vide for the modernization of the en- More than 1 million acres of Cali- isting applicable laws. ergy policy of the United States, and fornia farmland were fallowed in 2015, Let me repeat: there are no man- for other purposes. an increase of more than 600,000 acres dated levels of pumping in this bill. AMENDMENT NO. 3215 over 2011. Let me briefly discuss how this bill At the request of Mr. CARDIN, the Since 2014, the drought has led to will help California and the positive name of the Senator from Louisiana 35,000 permanent jobs lost in Cali- impacts it will have west-wide. (Mr. VITTER) was added as a cosponsor fornia, 21,000 seasonal and part-time Over the past 2 years, my staff and I of amendment No. 3215 intended to be agricultural jobs have also been lost. have gone through an extensive con- proposed to S. 2012, an original bill to Farmworkers cannot find employ- sultation process with both State and provide for the modernization of the ment and are forced to move in with Federal agencies. energy policy of the United States, and family members or friends who are also We have worked through every pro- for other purposes. struggling. posal or suggestion we received from

VerDate Sep 11 2014 05:36 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A10FE6.025 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S824 CONGRESSIONAL RECORD — SENATE February 10, 2016 those agencies and all are incorporated palities fund long-term solutions to the pumps when turbidity levels are in the bill I am introducing today. store more water and provide addi- high and the smelt are often attracted On the Federal side, we worked with tional clean water. to the pumps; funding studies to track the Department of the Interior; De- We also need to invest in desalina- the smelt’s most current locations and partment of Commerce; Bureau of Rec- tion and water recycling. These are make decisions that are key to running lamation; U.S. Army Corps of Engi- two of the most promising technologies pumps in a way that is not harmful to neers; Fish and Wildlife Service; NOAA that may offer long-term solutions. fish, and providing $10 million in water Fisheries; and the White House Council The bill identifies 137 local recycling infrastructure for refuges, a vital re- on Environmental Quality. and desalination projects that, if con- source for billions of migratory birds On the State side, we worked with structed, could produce upwards of 1.4 that use the Pacific Flyway. the California Natural Resources Agen- million acre feet in ‘‘new’’ water. In addition to the long-term provi- cy; California Department of Water Re- This includes 27 desalination projects sions, the bill includes short-term, sources; California Department of Fish identified by the State—totaling more temporary provisions to allow for more and Wildlife; and the Office of the Gov- than 352,000 acre-feet of water—that efficient operation of the Federal and ernor of California. the Secretary of the Interior must con- State water systems. In addition to integrating proposals sider funding if eligible. As I stated, these emergency oper- from State and Federal agency experts, The bill also reauthorizes the Desali- ations provisions last only for the we have incorporated feedback from a nation Act and authorizes $100 million length of the Governor’s Emergency variety of stakeholders including envi- for feasibility studies and project de- Declaration or 2 years—whichever is ronmental groups; urban and agricul- sign as well as desalinization research longer. tural water districts; wildlife advocates to improve the energy co-efficient from These short-term provisions will and Democratic and Republican con- reverse osmosis and membrane tech- allow the agencies to capture water gressional offices. nology. These funds run through 2020. from winter storms. Already, the As part of the consultation process, In addition, the bill identifies 110 snowpack is significantly higher in we received and incorporated more water recycling projects that the Sec- height and water content than the last than 40 suggested changes. retary of the Interior must consider few years, and more water is flowing I would first like to cover the long- funding. These projects total more down the Delta. term provisions. than 1,060,334 acre-feet of water. The bill has eight key provisions that As I said, California is home to The bill authorizes $200 million for will allow for water to be captured and around 40 million people, but has the the Bureau of Reclamation’s Title XVI stored: same water infrastructure as the 1960s, water recycling program and stream- Improved data to operate pumps. En- when only 16 million people lived in the lines the program by eliminating the hanced daily monitoring and data col- state. hurdle of congressional authorization lection will help to operate pumps Given the changing climate, I believe for individual projects. more efficiently, and pump at higher that California will become a desert We also have to encourage public-pri- levels when no fish are present and state if we don’t act. Droughts will vate partnerships. That’s why the bill pump at reduced levels when fish are only become more frequent and more funds a loan-guarantee program and nearby. severe. other financing mechanisms to help The revised bill requires daily boat That’s why the long-term provisions make projects a reality. monitoring to survey for smelt near of this bill look at new sources of water If all the projects identified in the the pumps when turbidity levels are and new ways to store water. bill were completed, nearly 1.4 million high, so that pumping reductions are These long-term provisions authorize acre-feet of ‘‘new’’ water could be made made based on the most up-to-date a total of $1.3 billion and include de- available. facts. salination, recycling, storage, and loan Given the consensus that droughts The bill also authorizes studies to assistance for drought-stricken com- will grow more severe, we have to in- identify smelts’ location in the Delta munities. And as I said, these invest- crease the amount of water we can hold on a real-time basis. ments can produce a new water infra- from wet years for use in dry years. In addition, the bill authorizes a structure not as dependent on weather. In order to help accomplish this, the Delta Smelt Distribution study to This bill increases the WaterSMART bill authorizes $600 million for water identify how many smelt are in dif- authorization by $150 million for long- storage projects in California and other ferent parts of the Delta in drier and term water conservation, reclamation Western States. These funds would be wetter years. This is critical to know and recycling. available through 2025. what level of take of the smelt is a Some of these WaterSMART funds But the Federal Government can’t do threat to the species. can then be used for a new Bureau of it all on its own. California signaled Winter storms and ‘‘payback.’’ The Reclamation program to help rural and that it’s ready by enacting a $7.5 bil- revised bill authorizes agencies to in- disadvantaged communities that are lion water bond. The bill therefore po- crease pumping during winter storms running out of water. These grants sitions the federal government as a using their best judgment to determine would cover everything from emer- partner with California to take advan- when and by how much. gency bottled water to long-term solu- tage of these funds to build new res- Once the storms end, the agencies tions like water treatment facilities. ervoirs and expand existing reservoirs. would no longer be required to ‘‘pay- But we also need to look beyond the Recognizing that the drought has back’’ water already pumped unless current emergency and consider ways taken a toll on many aspects of life in there was an environmental reason, we can shift these communities from California, including fish and wildlife, such as harm to fish. vulnerable water sources like wells to this bill authorizes $55 million for habi- This so-called ‘‘payback’’ has led to more sustainable and resilient water tat restoration efforts. Measures in- the loss of tens of thousands of acre- systems. clude protections for the entire life feet of water. Payback currently re- That’s why this bill prioritizes cycle of fish, from increasing spawning quires agencies to reduce subsequent money from the Environmental Protec- habitat to reducing mortality during water pumping by an equal amount of tion Agency’s Revolving Loan Fund for migration out to the ocean; reducing water as was captured during the water infrastructure projects that threats to fish, including smelt and storms, which results in the loss of would help drought-stricken commu- salmon, by removing predators such as tens of thousands of acre-feet of water nities that are at risk of running out of striped bass from specific locations that could instead be stored or trans- clean water. where they prey on endangered fish; ferred for use throughout the State. This bill also authorizes $200 million using real-time monitoring of turbidity Agencies must explain pumping lev- for the Reclamation Infrastructure Fi- and fish to determine pumping rates, els under the Delta Smelt Biological nance and Innovation Act, known as rather than specific congressional man- Opinion. RIFIA. This loan-guarantee program dates or targets; funding daily boat The bill does not impose any man- will help water districts and munici- monitoring to survey for smelt near dated pumping levels, instead leaving

VerDate Sep 11 2014 05:36 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A10FE6.032 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE February 10, 2016 CONGRESSIONAL RECORD — SENATE S825 those pumping levels up to the discre- These gates are critically important Whereas the United States was the first tion of the water agencies. But the bill for controlling salinity in the Delta. non-ASEAN country to appoint an ambas- does require officials to justify the lev- When the gates are closed, water that sador to ASEAN on April 29, 2008, and the els at which they pump. first dialogue partner to establish a perma- would otherwise be pumped or stored is nent mission to ASEAN in 2010; By requiring written justification for instead used to flush salty water out Whereas the United States has supported the level of pumping, the bill attempts through the Delta. efforts to strengthen the ASEAN Secretariat to maximize the amount of water Keeping the gates open for longer and expand its role in providing greater co- pumped by requiring officials to con- will help to reduce salinity in the inte- ordination between and enhancing the effec- sider whether real-time monitoring rior Delta and avoid releasing water tiveness of regional institutions; justifies lowering pumping levels. This unnecessarily in the Central Valley Whereas the first-ever U.S.-ASEAN De- water system must be operated based Project and State Water Project. This fense Forum was held on April 1, 2014, in Honolulu, Hawaii, further deepening ties on on science, not intuition. helps both Delta farmers and commu- I want to be clear: The revised text the challenges to security, peace, and pros- nities as well as those south of Delta. perity in the region, and on November 21, does not include any mandate. We re- As I stated before, all of these short- 2015, the United States and ASEAN elevated moved a provision that would have term provisions are temporary and will their relationship to the ASEAN-U.S. Stra- ¥ mandated pumping at 5000 cubic feet sunset when the Governor’s drought tegic Partnership in Kuala Lumpur, Malay- per second in the Old and Middle Riv- emergency expires or two years from sia at the 3rd U.S.-ASEAN summit; ers, unless pumping at these levels the date of enactment, whichever is Whereas the Governments and people of would cause additional adverse effects the United States and ASEAN can help real- later. ize their common vision of a peaceful, pros- on the Delta smelt. We have spent untold hours working The 1:1 transfer ratio. The strong El perous, rules-based Asia-Pacific region that on this bill. Nin˜ o means more water is likely to be offers security, opportunity, and dignity to We have addressed—to the best of our all of its citizens; available for voluntary transfers from ability—the concerns raised by a host Whereas ASEAN is the 7th largest econ- willing sellers with extra water to buy- of constituent groups and individuals omy in the world, at $2,400,000,000,000, rep- ers downstream who need water. including environmentalists, water dis- resenting the United States’ 4th largest ex- This provision helps facilitate those port market with total-two way trade in tricts, Federal and State agencies, and transfers in April and May by allowing goods and services reaching $254,000,000,000 the agricultural sector. a 1:1 transfer ratio. In past years, agen- and accounting for more than 500,000 jobs in The bill reflects many meetings be- cies have reduced the likelihood of the United States, and it represents a diverse tween Democrats and Republicans, group of nations and dynamic economies transfers by requiring water users to water districts, cities, rural commu- with an expanding workforce, a growing mid- send more water downstream than nities, farmers, fishermen, and a num- dle class, and a diverse set of skills, cultures, could be captured and stored at a 4:1 ber of environmental groups. and resources; ratio. Whereas ASEAN is home to critical global By allowing for a 1:1 ratio—while ad- While this bill will not satisfy every sea lanes located at the center of the world’s hering to environmental law and bio- water interest, I believe that these pro- strongest economic growth area, with logical opinions—more water transfers visions will place California on a long- $5,300,000,000,000 of global trade and more can be accomplished, providing water term path to drought resiliency. than half of total shipped tonnage transiting This is a bill that offers real help to through ASEAN’s sea lanes each year; to users who truly need it. Whereas the United States has a national Extending the time period for water California while adhering to the laws and biological opinions that protect interest in freedom of navigation and over- transfers by five months. The bill ex- flight, open access to Asia’s maritime com- tends by 5 months the time period fish and wildlife. mons, and respect for international law in when transfers may take place. The result of our efforts is a bill that the South China Sea; The current transfer window of July stands a real chance of being approved Whereas the South China Sea represents a through September is extended to April by both parties and signed into law. I critical international waterway not just for through November. Extending the look forward to working with my col- the region but the entire world; transfer window allows water transfers leagues to make that happen. Whereas the United States does not take sides on the competing territorial disputes, to be available during the spring plant- f but believes claimants should pursue their ing season. SUBMITTED RESOLUTIONS territorial claims without resort to coercion, All transfers must remain consistent and through collaborative diplomacy, includ- with the biological opinions. ing international arbitration, and in accord- Expediting review of transfers and SENATE RESOLUTION 370—RECOG- ance international law and institutions; the construction of barriers. Environ- Whereas the United States opposes all NIZING THAT FOR NEARLY 40 mental reviews of water transfers and claims in the maritime domain that impinge YEARS, THE UNITED STATES the installation of temporary barriers on the rights, freedoms, and lawful use of the AND THE ASSOCIATION OF must be completed within 60 days, un- sea that belongs to all nations and upholds SOUTH EAST ASIAN NATIONS the principles that territorial and maritime less an environmental impact state- (ASEAN) HAVE WORKED TOWARD claims, including territorial waters or terri- ment is required. STABILITY, PROSPERITY, AND torial seas, must be derived from land fea- Agencies must maximize water sup- PEACE IN SOUTHEAST ASIA tures and otherwise comport with inter- plies consistent with applicable laws national law; and biological opinions. Mr. CARDIN (for himself, Mr. Whereas the United States supports the Federal agencies can and should try MCCAIN, Mr. SCHATZ, Mr. SULLIVAN, Philippines’ decision to use arbitration to both protect species and provide Mrs. FEINSTEIN, and Ms. HIRONO) sub- under the United Nations Convention on the water supplies. mitted the following resolution; which Law of the Sea (UNCLOS), done at Montego The bill makes very clear that agen- was referred to the Committee on For- Bay December 10, 1982, to peacefully and law- cies cannot harm the fish in violation eign Relations: fully address competing territorial claims; Whereas the Declaration on the Conduct of of the biological opinions—but within S. RES. 370 Parties in the South China Sea (DOC) was this environmental protection man- Whereas the February 2016 U.S.-ASEAN signed by all members of ASEAN and the date, the agencies should try to in- summit at Sunnylands in Rancho Mirage, People’s Republic of China on November 4, crease water supplies—especially dur- California is an opportunity to deepen the 2002, and the United States supports efforts ing a drought emergency. United States-ASEAN partnership; by ASEAN and the People’s Republic of This requirement complements the Whereas the United States and the Asso- China to develop an effective Code of Con- additional requirement that agencies ciation of South East Asian Nations duct (COC), encourages claimants not to un- must explain any harm to the fish that (ASEAN) established dialogue relations on dertake new or unilateral attempts to requires a reduction in water supplies. September 10, 1977, with the issuing of the change the status quo since the signing of Delta Cross-Channel Gates. The bill 1977 Joint Communique Of The First the 2002 Declaration of Conduct, including ASEAN-U.S. Dialogue, and the United States reclamation activities or asserting adminis- requires the Secretary of the Interior acceded to the Treaty of Amity and Coopera- trative measures or controls in disputed and the Secretary of Commerce to en- tion in Southeast Asia (TAC) at the ASEAN areas in the South China Sea; and supports sure that the gates remain open as long Post Ministerial Conference Session with the efforts to fully and effectively implement as possible. United States in Thailand on July 22, 2009; the Declaration of Conduct in its entirety

VerDate Sep 11 2014 03:14 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A10FE6.034 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S826 CONGRESSIONAL RECORD — SENATE February 10, 2016 and to work toward the expeditious conclu- expanding by 30 percent since 2007 and ex- United States for the special February 2016 sion of an effective Code of Conduct; ceeding the global growth average for the U.S.-ASEAN summit meeting at Rancho Mi- Whereas the United States has invested past 10 years; rage, California, and affirms the summit as significantly in maritime security capacity Whereas the ASEAN Economic Community the first regular U.S.-ASEAN summit; building with allies and partners in ASEAN aims to create one of the largest single mar- (2) supports and welcomes the elevation of to respond to threats in waters off their ket economies in the world, facilitating the the United States-ASEAN relationship to a coasts and to provide maritime security free movement of goods, services, and profes- strategic partnership and recommits the more broadly across the region; sionals and a sense of economic community United States to ASEAN centrality and to Whereas the United States, as a long- among its member states; helping to build a strong, stable, politically standing Asia-Pacific power, will maintain Whereas the United States is the largest cohesive, economically integrated, and so- and exercise freedom of operations in the investor in Southeast Asia, almost cially responsible ASEAN community with international waters and airspace in the $190,000,000,000 in 2012, creating millions of common rules, norms, procedures, and stand- Asia-Pacific maritime domains, which are jobs in the United States and in ASEAN ards consistent with international law and critical to the prosperity, stability, and se- Member States, while investment in the the principles of a ‘‘rule-based’’ Asia-Pacific curity of ASEAN and the entire Asia-Pacific United States from Southeast Asia has in- community; region; creased more than from any other region in (3) supports efforts towards increasing two- Whereas ASEAN is a partner to the United the past decade; way trade and investment, promoting trade States on key transnational challenges, such Whereas the United States has helped and investment liberalization and facilita- as terrorism, violent extremism, climate ASEAN create a Single Window customs fa- tion, encouraging strong, sustainable, and change, environmental degradation and pol- cilitation system that will help to expedite inclusive economic growth and job creation, lution, energy, infectious diseases, disar- intra-ASEAN trade and make it easier for and deepening connectivity; mament, proliferation of weapons of mass United States businesses to operate in the (4) urges ASEAN to continue its efforts to destruction, cybersecurity, trafficking in region; foster greater integration and unity, includ- persons, illicit trafficking of wildlife and Whereas the U.S.-ASEAN Business Alli- ing with non-ASEAN economic, political, timber and illegal, unregulated, and unre- ance for Competitive SMEs has already and security partners, including Japan, the ported fishing; trained 3,500 small-medium enterprises, with Republic of Korea, Australia, the European Whereas the United States, ASEAN, and nearly half of the individuals trained being Union, and India, both inside of and outside other Dialogue Partners, through the 2015 young women entrepreneurs; of Asia; East Asia Summit, adopted a statement on Whereas United States-ASEAN develop- (5) supports efforts by ASEAN nations to transnational cyber issues, emphasizing the ment cooperation has focused on innovation address maritime and territorial disputes in importance of regional cooperation to im- and capacity-building efforts in technology, a constructive manner and to pursue claims prove the security and stability of cyber net- education, disaster management, food secu- through peaceful, diplomatic, and legitimate works which sets an important precedent for rity, human rights, and trade facilitation; regional and international arbitration mech- strengthening practical cooperation, risk re- Whereas the Lower Mekong Initiative, es- anisms, consistent with international law; duction, and confidence building in cyber- tablished on July 23, 2009, is a multinational (6) urges all parties to maritime and terri- space; effort that helps promote sustainable eco- torial disputes in the Asia-Pacific region— Whereas the 2015 East Asia Summit in nomic development in mainland Southeast (A) to respect the status quo; Kuala Lumpur adopted a statement on coun- Asia to foster integrated, multi-sectoral sub- (B) exercise self-restraint in the conduct of tering violent extremism, where the United regional cooperation and capacity building; activities that would undermine stability or States, ASEAN, and other Dialogue Partner Whereas the United States is a committed complicate or escalate disputes through the leaders sent a clear signal of the region’s de- partner with ASEAN on the protection of use of coercion, intimidation, or military termination to tackle challenges posed by human rights, which are essential for fos- force; the Islamic State of Iraq and Syria and other tering and maintaining stability, security, (C) cease land reclamation activities; and violent extremist groups, and to respond to and good governance; (D) refrain from inhabiting or garrisoning their efforts to spread their ideology of vio- Whereas, on November 18, 2012, ASEAN or otherwise militarizing uninhabited is- lence and terrorism; Member States came together and adopted lands, reefs, shoals, and other features; Whereas 2015 East Asia Summit leaders an ASEAN Human Rights Declaration that (7) opposes actions by any country to pre- also adopted a statement on health security by its own terms ‘‘affirms all the civil and vent any other country from exercising its in responding to diseases with pandemic po- political rights’’ and the ‘‘economic social sovereign rights to the resources of the ex- tential, which committed the region to im- and cultural rights’’ in the Universal Dec- clusive economic zone (EEZ) and continental prove health surveillance systems in each laration of Human Rights; shelf by making claims to those areas in the nation, and emphasized the importance of in- Whereas the United States supports the South China Sea that have no support in formation sharing to promote early deten- work and mandate of the ASEAN Intergov- international law; tion and response to potential pandemics; ernmental Commission on Human Rights (8) opposes unilateral declarations of ad- Whereas all members at the 2015 East Asia (AICHR), including capacity building for the ministrative and military districts in con- Summit adopted a statement on maritime promotion and protection of human rights tested areas in the South China Sea; cooperation, including preventing incidents and its priority, programs, and activities; (9) opposes the imposition of new fishing at sea, illegal, unreported and unregulated Whereas the Young Southeast Asian Lead- regulations covering disputed areas in the fishing, irregular migration, piracy, and to ers Program has now engaged over 60,000 peo- South China Sea, which have raised tensions collaborate on protecting the marine envi- ple between the ages of 18 and 35 across all 10 in the region; ronment; ASEAN nations to promote innovation (10) urges parties to refrain from unilateral Whereas changes in climatic conditions in among young people while also providing actions that cause permanent physical the ASEAN region over the past four decades skills to a new generation of people who will change to the marine environment in areas have resulted in major loss and damage create and fill the jobs of the future; pending final delimitation; throughout the ASEAN region with dis- Whereas the irregular movement of per- (11) supports efforts by the Association of proportionate impact on developing coun- sons continues to be one of the main security Southeast Asian Nations (ASEAN) and the tries, with the experiences of Cyclone Nargis threats in the South East Asia region; People’s Republic of China to develop an ef- in Myanmar and Typhoon Haiyan in the Whereas addressing migration flows and fective Code of Conduct (COC) and urges Philippines providing stark evidence of the combatting human smuggling in ASEAN is ASEAN to implement and work toward the destructive impacts on the region; an important, ongoing challenge requiring expeditious conclusion of an effective Code Whereas conservation and sustainable increased coordination and shared responsi- of Conduct with regards to the South China management of forests throughout ASEAN bility; Sea; play an important role in helping to miti- Whereas, on November 21, 2015, ASEAN (12) urges ASEAN to develop a common ap- gate changes in the climate, reduce the risks signed the ASEAN Convention Against Traf- proach to reaffirm the decision of the Per- of extreme weather events and other cli- ficking in Persons, Especially Women and manent Court of Arbitration in The Hague’s mate-driven disasters, and provide sustain- Children, which represents an important step ruling with respect to the case between the able economic livelihood opportunities for forward in preventing trafficking, pros- Republic of the Philippines and the People’s local communities; ecuting the perpetrators, and protecting the Republic of China; Whereas the United States will pursue ini- survivors; and (13) supports efforts by United States part- tiatives that are consistent with broader sus- Whereas the United States supports ners and allies in ASEAN— tainable development, including the achieve- ASEAN Member States in anti-corruption ef- (A) to enhance maritime capability; ment of food security and poverty allevi- forts through, among other initiatives, the (B) to retain unhindered access to and use ation throughout the ASEAN region, and implementation of the United Nations Con- of international waterways in the Asia-Pa- build on cooperative efforts outlined at the vention Against Corruption: Now, therefore, cific region that are critical to ensuring the 2014 ASEAN-U.S. Summit to further tackle be it security and free flow of commerce; this global challenge; Resolved, That the Senate— (C) to improve maritime domain aware- Whereas ASEAN is the third-fastest grow- (1) welcomes the leaders of the Association ness; ing economy in Asia after China and India, of South East Asian Nations (ASEAN) to the (D) to counter piracy;

VerDate Sep 11 2014 03:14 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A10FE6.027 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE February 10, 2016 CONGRESSIONAL RECORD — SENATE S827 (E) to disrupt illicit maritime trafficking traveled through the gorge, including eye- to issue a press release warning the United activities and other forms of maritime traf- witness testimonies from people who saw States to ‘‘drop its hostile policy’’; ficking activity; and David alive and spoke to him in person after (6) David Sneddon’s disappearance fits a (F) to enhance the maritime capabilities of his hike, as recorded by members of David’s known pattern often seen in the abduction of a country or regional organizations to re- family and by embassy officials from the De- foreigners by the Government of North spond to emerging threats to maritime secu- partment of State in the months after his Korea, including the fact that David dis- rity in the Asia-Pacific region; disappearance; appeared the day before North Korea’s Lib- (14) reaffirms the enhancement of United Whereas family members searching for eration Day patriotic national holiday, and States-ASEAN economic engagement, in- David shortly after he went missing obtained the Government of North Korea has a dem- cluding the elimination of barriers to cross- eyewitness accounts that David stayed over- onstrated history of provocations near dates border commerce, and supports the ASEAN night in several guesthouses during and after it deems historically significant; Economic Community’s goals, including his safe hike through the gorge, and these (7) a well-reputed Japanese non-profit spe- strong, inclusive, and sustainable growth guesthouse locations suggest that David dis- cializing in North Korean abductions shared and cooperation between the United States appeared after passing through the gorge, with the United States its expert analysis in and ASEAN that focuses on innovation and but the guest registers recording the names 2012 about information it stated was received capacity building efforts in technology, edu- and passport numbers of foreign overnight ‘‘from a reliable source’’ that a United cation, disaster management, food security, guests could not be accessed; States university student largely matching human rights, and trade facilitation, includ- Whereas Chinese officials have reported David Sneddon’s description was taken from ing for ASEAN’s poorest countries; that evidence does not exist that David was China by North Korean agents in August (15) supports the Lower Mekong Initiative, a victim of violent crime, or a resident in a 2004; and which has made significant progress in pro- local hospital, prison, or mental institution (8) commentary published in the Wall moting sustainable economic development in at the time of his disappearance, and no at- Street Journal in 2013 cited experts looking mainland Southeast Asia and fostering inte- tempt has been made to use David’s passport at the Sneddon case who concluded that ‘‘it grated sub-regional cooperation and capacity since the time of his disappearance, nor has is most probable that a U.S. national has building; any money been withdrawn from his bank been abducted to North Korea,’’ and ‘‘there (16) supports capacity building for the pro- account since that time; is a strong possibility that North Korea kid- motion and protection of human rights and Whereas David Sneddon is the only United napped the American’’: Now, therefore, be related priority, programs, and activities; States citizen to disappear without expla- it— (17) supports the Young Southeast Asian nation in the People’s Republic of China Resolved by the Senate (the House of Rep- Leaders Initiative program as an example of since the normalization of relations between resentatives concurring), that Congress— people-to-people partnership building that the United States and China during the ad- (1) expresses its ongoing concern about the provides skills and networks to a new gen- ministration of President Richard Nixon; disappearance of David Louis Sneddon in eration of people who will create and fill the Whereas investigative reporters and non- Yunnan Province, People’s Republic of jobs of the future; governmental organizations with expertise China, in August, 2004; (18) reaffirms the commitment of the in the Asia-Pacific region, and in some cases (2) directs the Department of State and the United States to continue joint efforts with particular expertise in the Asian Under- intelligence community to jointly continue ASEAN to halt human smuggling and traf- ground Railroad and North Korea’s docu- investigations and to consider all plausible ficking of persons and urges ASEAN to make mented program to kidnap citizens of foreign explanations for David’s disappearance, in- increased efforts to create and strengthen re- nations for espionage purposes, have repeat- cluding the possibility of abduction by the gional mechanisms to provide assistance and edly raised the possibility that the Govern- Government of the Democratic People’s Re- support to refugees and migrants; ment of the Democratic People’s Republic of public of Korea; (19) urges ASEAN nations to engage di- Korea (DPRK) was involved in David’s dis- (3) urges the Department of State and the rectly with leaders of civil society, human appearance; and intelligence community to coordinate inves- rights, and environmental groups before, Whereas investigative reporters and non- tigations with the Governments of the Peo- during, and after the February 2016 summit; governmental organizations who have re- ple’s Republic of China, Japan, and South and viewed David’s case believe it is possible Korea and solicit information from appro- (20) encourages the President to commu- that the Government of North Korea was in- priate regional affairs and law enforcement nicate to ASEAN leaders the importance of volved in David’s disappearance because— experts on plausible explanations for David’s releasing political prisoners and ending po- (1) the Yunnan Province is regarded by re- disappearance; litically motivated prosecutions. gional experts as an area frequently traf- (4) encourages the Department of State f ficked by North Korean refugees and their and the intelligence community to work support networks, and the Government of with foreign governments known to have SENATE CONCURRENT RESOLU- the People’s Republic of China allows North diplomatic influence with the Government of TION 30—EXPRESSING CONCERN Korean agents to operate throughout the re- the Democratic People’s Republic of Korea OVER THE DISAPPEARANCE OF gion to repatriate refugees, such as promi- to better investigate the possibility of the DAVID SNEDDON, AND FOR nent North Korean defector Kang Byong-sop involvement of the Government of the Demo- OTHER PURPOSES and members of his family who were cap- cratic People’s Republic of Korea in David tured near the China-Laos border just weeks Sneddon’s disappearance and to possibly Mr. LEE (for himself, Mr. HATCH, prior to David’s disappearance; seek his recovery; and Mrs. FISCHER, and Mr. SASSE) sub- (2) in 2002, North Korean officials acknowl- (5) requests that the Department of State mitted the following concurrent resolu- edged that the Government of North Korea and the intelligence community continue to tion; which was referred to the Com- has carried out a policy since the 1970’s of work with and inform Congress and the fam- mittee on Foreign Relations: abducting foreign citizens and holding them ily of David Sneddon on efforts to possibly captive in North Korea for the purpose of S. CON. RES. 30 recover David and to resolve his disappear- training its intelligence and military per- ance. Whereas David Louis Sneddon is a United sonnel in critical language and culture skills States citizen who disappeared while touring to infiltrate foreign nations; f the Yunnan Province in the People’s Repub- (3) Charles Robert Jenkins, a United States AMENDMENTS SUBMITTED AND lic of China as a university student on Au- soldier who deserted his unit in South Korea PROPOSED gust 14, 2004, at the age of 24; in 1965 and was held captive in North Korea Whereas David had last reported to family for nearly 40 years, left North Korea in July SA 3297. Mr. HELLER submitted an members prior to his disappearance that he 2004 (one month before David disappeared in amendment intended to be proposed by him intended to hike the Tiger Leaping Gorge in China) and Jenkins reported that he was to the bill H.R. 757, to improve the enforce- the Yunnan Province before returning to the forced to teach English to North Korean in- ment of sanctions against the Government of United States and had placed a down pay- telligence and military personnel while in North Korea, and for other purposes; which ment on student housing for the upcoming captivity; was ordered to lie on the table. academic year, planned business meetings, (4) David Sneddon is fluent in the Korean SA 3298. Mr. HELLER submitted an and scheduled law school entrance examina- language and was learning Mandarin, skills amendment intended to be proposed by him tions in the United States for the fall; that could have been appealing to the Gov- to the bill H.R. 757, supra; which was ordered Whereas People’s Republic of China offi- ernment of North Korea after Charles Jen- to lie on the table. cials have reported to the Department of kins left the country; SA 3299. Mr. HELLER submitted an State and the family of David that he most (5) tensions between the United States and amendment intended to be proposed by him likely died by falling into the Jinsha River North Korea were heightened during the to the bill H.R. 757, supra; which was ordered while hiking the Tiger Leaping Gorge, al- summer of 2004 due to recent approval of the to lie on the table. though no physical evidence or eyewitness North Korean Human Rights Act of 2004 SA 3300. Mr. LEE submitted an amendment testimony exists to support this conclusion; (Public Law 108–333) that increased United intended to be proposed by him to the bill Whereas there is evidence indicating that States aid to refugees fleeing North Korea, H.R. 757, supra; which was ordered to lie on David did not fall into the river when he prompting the Government of North Korea the table.

VerDate Sep 11 2014 03:14 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A10FE6.027 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S828 CONGRESSIONAL RECORD — SENATE February 10, 2016 SA 3301. Mr. PAUL submitted an amend- At the appropriate place, insert the fol- (1) David Louis Sneddon is a United States ment intended to be proposed by him to the lowing: citizen who disappeared while touring the bill H.R. 757, supra; which was ordered to lie SEC. ll. RECOGNITION OF JERUSALEM AS THE Yunnan Province in the People’s Republic of on the table. CAPITAL OF ISRAEL AND RELOCA- China as a university student on August 14, SA 3302. Ms. KLOBUCHAR submitted an TION OF THE UNITED STATES EM- 2004, at the age of 24. amendment intended to be proposed to BASSY TO JERUSALEM. (2) David had last reported to family mem- amendment SA 2953 proposed by Ms. MUR- (a) STATEMENT OF POLICY.—It should be the bers prior to his disappearance that he in- policy of the United States to recognize Je- KOWSKI to the bill S. 2012, to provide for the tended to hike the Tiger Leaping Gorge in rusalem as the undivided capital of the State modernization of the energy policy of the the Yunnan Province before returning to the of Israel, both de jure and de facto. United States, and for other purposes; which United States and had placed a down pay- (b) SENSE OF CONGRESS.—It is the sense of was ordered to lie on the table. ment on student housing for the upcoming SA 3303. Ms. KLOBUCHAR submitted an Congress that— (1) Jerusalem must remain an undivided academic year, planned business meetings, amendment intended to be proposed to and scheduled law school entrance examina- amendment SA 3241 submitted by Ms. CANT- city in which the rights of every ethnic and religious group are protected as they have tions in the United States for the fall. WELL and intended to be proposed to the bill (3) People’s Republic of China officials S. 2012, supra; which was ordered to lie on been by Israel since 1967; (2) every citizen of Israel should have the have reported to the Department of State the table. and the family of David that he most likely SA 3304. Mr. DAINES submitted an amend- right to reside anywhere in the undivided city of Jerusalem; died by falling into the Jinsha River while ment intended to be proposed by him to the hiking the Tiger Leaping Gorge, although no bill H.R. 757, to improve the enforcement of (3) the President and the Secretary of State should publicly affirm as a matter of physical evidence or eyewitness testimony sanctions against the Government of North exists to support this conclusion. Korea, and for other purposes; which was or- United States policy that Jerusalem must (4) There is evidence indicating that David dered to lie on the table. remain the undivided capital of the State of did not fall into the river when he traveled SA 3305. Mr. THUNE submitted an amend- Israel; through the gorge, including eyewitness tes- ment intended to be proposed to amendment (4) the President should immediately im- timonies from people who saw David alive SA 2953 proposed by Ms. MURKOWSKI to the plement the provisions of the Jerusalem Em- and spoke to him in person after his hike, as bill S. 2012, to provide for the modernization bassy Act of 1995 (Public Law 104–45) and recorded by members of David’s family and of the energy policy of the United States, begin the process of relocating the United by embassy officials from the Department of and for other purposes; which was ordered to States Embassy in Israel to Jerusalem; State in the months after his disappearance. lie on the table. (5) United States officials should refrain from any actions that contradict United (5) Family members searching for David f States law on this subject; and shortly after he went missing obtained eye- TEXT OF AMENDMENTS (6) any official document of the United witness accounts that David stayed over- States Government which lists countries and night in several guesthouses during and after SA 3297. Mr. HELLER submitted an their capital cities should identify Jeru- his safe hike through the gorge, and these amendment intended to be proposed by salem as the capital of Israel. guesthouse locations suggest that David dis- him to the bill H.R. 757, to improve the (c) AMENDMENT OF WAIVER AUTHORITY.— appeared after passing through the gorge, enforcement of sanctions against the The Jerusalem Embassy Act of 1995 (Public but the guest registers recording the names Government of North Korea, and for Law 104–45) is amended— and passport numbers of foreign overnight other purposes; which was ordered to (1) by striking section 7; and guests could not be accessed. (2) by redesignating section 8 as section 7. lie on the table; as follows: (6) Chinese officials have reported that evi- (d) RESTRICTION ON FUNDING SUBJECT TO dence does not exist that David was a victim On page 91, between lines 19 and 20, insert OPENING DETERMINATION.—Not more than 50 of violent crime, or a resident in a local hos- the following: percent of the funds appropriated to the De- pital, prison, or mental institution at the (e) WITHHOLDING OF FUNDING.—The Presi- partment of State for fiscal year 2016 for time of his disappearance, and no attempt dent shall temporarily withhold United ‘‘Acquisition and Maintenance of Buildings has been made to use David’s passport since States’ funding from the United Nations if Abroad’’ may be obligated until the Sec- the time of his disappearance, nor has any the United Nations Security Council does retary of State determines and reports to money been withdrawn from his bank ac- not make a decision regarding a reported Congress that the United States Embassy in count since that time. violation of any applicable United Nations Jerusalem has officially opened. (7) David Sneddon is the only United Security Council resolution relating to pro- (e) FISCAL YEARS 2017 AND 2018 FUNDING.— States citizen to disappear without expla- hibitions on ballistic missile testing or pro- (1) FISCAL YEAR 2017.—Of the funds author- nation in the People’s Republic of China hibitions on activities aimed at obtaining ized to be appropriated for ‘‘Acquisition and since the normalization of relations between nuclear weapons within 30 days after receiv- Maintenance of Buildings Abroad’’ for the the United States and China during the ad- ing information of such a violation. Department of State for fiscal year 2017, ministration of President Richard Nixon. such sums as may be necessary should be (8) Investigative reporters and nongovern- SA 3298. Mr. HELLER submitted an made available until expended only for con- mental organizations with expertise in the amendment intended to be proposed by struction and other costs associated with the Asia-Pacific region, and in some cases par- establishment of the United States Embassy him to the bill H.R. 757, to improve the ticular expertise in the Asian Underground in Jerusalem. enforcement of sanctions against the Railroad and North Korea’s documented pro- (2) FISCAL YEAR 2018.—Of the funds author- Government of North Korea, and for gram to kidnap citizens of foreign nations ized to be appropriated for ‘‘Acquisition and for espionage purposes, have repeatedly other purposes; which was ordered to Maintenance of Buildings Abroad’’ for the raised the possibility that the Government lie on the table; as follows: Department of State for fiscal year 2018, of the Democratic People’s Republic of On page 71, between lines 6 and 7, insert such sums as may be necessary should be Korea (DPRK) was involved in David’s dis- the following: made available until expended only for con- appearance. (c) STATE SPONSOR OF TERRORISM.—Not struction and other costs associated with the (9) Investigative reporters and nongovern- later than 60 days after the date of the enact- establishment of the United States Embassy mental organizations who have reviewed Da- ment of this Act, the Secretary of State in Jerusalem. vid’s case believe it is possible that the Gov- shall— (f) DEFINITION.—In this section, the term (1) conduct an investigation of the conduct ‘‘United States Embassy’’ means the offices ernment of North Korea was involved in Da- of the Government of North Korea to deter- of the United States diplomatic mission and vid’s disappearance because— mine if North Korea should be designated as the residence of the United States chief of (A) the Yunnan Province is regarded by re- a state sponsor of terrorism (as defined in mission. gional experts as an area frequently traf- section 202(d)); and ficked by North Korean refugees and their (2) submit a report to Congress that de- SA 3300. Mr. LEE submitted an support networks, and the Government of scribes the evidence used by the Department amendment intended to be proposed by the People’s Republic of China allows North of State to reach the determination de- him to the bill H.R. 757, to improve the Korean agents to operate throughout the region to repatriate refugees, such as promi- scribed in paragraph (1). enforcement of sanctions against the nent North Korean defector Kang Byong-sop Government of North Korea, and for and members of his family who were cap- SA 3299. Mr. HELLER submitted an other purposes; which was ordered to amendment intended to be proposed by tured near the China-Laos border just weeks lie on the table; as follows: prior to David’s disappearance; him to the bill H.R. 757, to improve the At the end of title III, add the following: (B) in 2002, North Korean officials acknowl- enforcement of sanctions against the SEC. 305. SENSE OF CONGRESS ON THE DIS- edged that the Government of North Korea Government of North Korea, and for APPEARANCE OF DAVID SNEDDON. has carried out a policy since the 1970’s of other purposes; which was ordered to (a) FINDINGS.—Congress makes the fol- abducting foreign citizens and holding them lie on the table; as follows: lowing findings: captive in North Korea for the purpose of

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Mr. PAUL submitted an vide for the modernization of the en- sonnel in critical language and culture skills amendment intended to be proposed by ergy policy of the United States, and to infiltrate foreign nations; him to the bill H.R. 757, to improve the for other purposes; which was ordered (C) Charles Robert Jenkins, a United enforcement of sanctions against the to lie on the table; as follows: States soldier who deserted his unit in South Korea in 1965 and was held captive in North Government of North Korea, and for At the appropriate place, insert the fol- Korea for nearly 40 years, left North Korea other purposes; which was ordered to lowing: in July 2004 (one month before David dis- lie on the table; as follows: SEC. lll. MODIFICATION OF DEFINITION OF appeared in China) and Jenkins reported Beginning on page 92, strike line 15 and all SPORT FISHING EQUIPMENT UNDER that he was forced to teach English to North that follows through page 93, line 2. THE TOXIC SUBSTANCES CONTROL Korean intelligence and military personnel Beginning on page 100, strike line 24 and ACT. while in captivity; all that follows through page 101, line 8. Section 3(2)(B) of the Toxic Substances (D) David Sneddon is fluent in the Korean Beginning on page 112, strike line 9 and all Control Act (15 U.S.C. 2602(2)(B)) is amend- language and was learning Mandarin, skills that follows through page 115, line 7. ed— that could have been appealing to the Gov- (1) in clause (v), by striking ‘‘and’’ at the ernment of North Korea after Charles Jen- SA 3302. Ms. KLOBUCHAR submitted end; kins left the country; an amendment intended to be proposed (2) in clause (vi) by striking the period at (E) tensions between the United States and to amendment SA 2953 proposed by Ms. the end and inserting ‘‘, and’’; and (3) by inserting after clause (vi) the fol- North Korea were heightened during the MURKOWSKI to the bill S. 2012, to pro- summer of 2004 due to recent approval of the lowing: vide for the modernization of the en- ‘‘(vii) any sport fishing equipment (as such North Korean Human Rights Act of 2004 ergy policy of the United States, and (Public Law 108–333) that increased United term is defined in section 4162(a) of the Inter- States aid to refugees fleeing North Korea, for other purposes; which was ordered nal Revenue Code of 1986) the sale of which is prompting the Government of North Korea to lie on the table; as follows: subject to the tax imposed by section 4161(a) to issue a press release warning the United On page 41, between lines 10 and 11, insert of such Code (determined without regard to States to ‘‘drop its hostile policy’’; the following: any exemptions from such tax provided by (F) David Sneddon’s disappearance fits a (6) USE OF GRANT FUNDS.—A grant awarded section 4162 or 4221 or any other provision of known pattern often seen in the abduction of under this section may not be used for the such Code), and sport fishing equipment foreigners by the Government of North purpose of funding, in whole or in part, the components.’’. Korea, including the fact that David dis- actual construction, renovation, repair, or appeared the day before North Korea’s Lib- alteration of a building or work. f eration Day patriotic national holiday, and the Government of North Korea has a dem- SA 3303. Ms. KLOBUCHAR submitted AUTHORITY FOR COMMITTEES TO onstrated history of provocations near dates an amendment intended to be proposed MEET it deems historically significant; to amendment SA 3241 submitted by (G) a well-reputed Japanese non-profit spe- Ms. CANTWELL and intended to be pro- COMMITTEE ON ENVIRONMENT AND PUBLIC cializing in North Korean abductions shared posed to the bill S. 2012, to provide for WORKS with the United States its expert analysis in the modernization of the energy policy Mr. CORNYN. Mr. President, I ask 2012 about information it stated was received unanimous consent that the Com- ‘‘from a reliable source’’ that a United of the United States, and for other purposes; which was ordered to lie on the mittee on Environment and Public States university student largely matching Works be authorized to meet during David Sneddon’s description was taken from table; as follows: China by North Korean agents in August At the end of the amendment, add the fol- the session of the Senate on February 2004; and lowing: 10, 2016, at 10 a.m., in room SD–406 of (H) commentary published in the Wall SEC. ll. USE OF GRANT FUNDS. the Dirksen Senate Office Building, to Street Journal in 2013 cited experts looking A grant awarded under section 1004 may conduct a hearing entitled, ‘‘The Im- at the Sneddon case who concluded that ‘‘it not be used for the purpose of funding, in portance of Enacting a New Water Re- is most probable that a U.S. national has whole or in part, the actual construction, sources Development Act.’’ been abducted to North Korea,’’ and ‘‘there renovation, repair, or alteration of a build- The PRESIDING OFFICER. Without is a strong possibility that North Korea kid- ing or work. objection, it is so ordered. napped the American’’. COMMITTEE ON FINANCE (b) SENSE OF CONGRESS.—Congress— SA 3304. Mr. DAINES submitted an (1) expresses its ongoing concern about the amendment intended to be proposed by Mr. CORNYN. Mr. President, I ask disappearance of David Louis Sneddon in him to the bill H.R. 757, to improve the unanimous consent that the Com- Yunnan Province, People’s Republic of enforcement of sanctions against the mittee on Finance be authorized to China, in August, 2004; Government of North Korea, and for meet during the session of the Senate (2) directs the Department of State and the other purposes; which was ordered to on February 10, 2016, at 10:30 a.m., in intelligence community to jointly continue lie on the table; as follows: room SD–215 of the Dirksen Senate Of- investigations and to consider all plausible fice Building, to conduct a hearing en- explanations for David’s disappearance, in- On page 73, line 12, insert ‘‘or textile’’ after cluding the possibility of abduction by the ‘‘smuggling,’’. titled, ‘‘The President’s Budget for Fis- Government of the Democratic People’s Re- Beginning on page 73, strike line 21 and all cal Year 2017.’’ public of Korea; that follows through page 74, line 8, and in- The PRESIDING OFFICER. Without (3) urges the Department of State and the sert the following: objection, it is so ordered. (8) knowingly, directly or indirectly, sells, intelligence community to coordinate inves- COMMITTEE ON FINANCE supplies, or transfers to or from the Govern- tigations with the Governments of the Peo- Mr. CORNYN. Mr. President, I ask ple’s Republic of China, Japan, and South ment of North Korea or any person acting Korea and solicit information from appro- for or on behalf of that Government, a sig- unanimous consent that the Com- priate regional affairs and law enforcement nificant amount of precious metal, graphite, mittee on Finance be authorized to experts on plausible explanations for David’s raw or semi-finished metals or aluminum, meet during the session of the Senate disappearance; steel, coal, software, synthetic filaments, or on February 10, 2016, at 2 p.m., in room (4) encourages the Department of State three-dimensional textiles for use by or in SD–215 of the Dirksen Senate Office industrial processes directly related to weap- and the intelligence community to work Building, to conduct a hearing entitled, with foreign governments known to have ons of mass destruction, delivery systems for such weapons, equipment designed to defend ‘‘The President’s Budget for Fiscal diplomatic influence with the Government of Year 2017.’’ the Democratic People’s Republic of Korea against radiological or chemical exposure to better investigate the possibility of the from those weapons, other proliferation ac- The PRESIDING OFFICER. Without involvement of the Government of the Demo- tivities, the Korean Workers’ Party, armed objection, it is so ordered. cratic People’s Republic of Korea in David forces, internal security, or intelligence ac- COMMITTEE ON FOREIGN RELATIONS tivities, or the operation and maintenance of Sneddon’s disappearance and to possibly Mr. CORNYN. Mr. President, I ask seek his recovery; and political prison camps or forced labor camps, including outside of North Korea; unanimous consent that the Com- (5) requests that the Department of State mittee on Foreign Relations be author- and the intelligence community continue to work with and inform Congress and the fam- SA 3305. Mr. THUNE submitted an ized to meet during the session of the ily of David Sneddon on efforts to possibly amendment intended to be proposed to Senate on February 10, 2016, at 10 a.m. recover David and to resolve his disappear- amendment SA 2953 proposed by Ms. The PRESIDING OFFICER. Without ance. MURKOWSKI to the bill S. 2012, to pro- objection, it is so ordered.

VerDate Sep 11 2014 03:14 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A10FE6.031 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE S830 CONGRESSIONAL RECORD — SENATE February 10, 2016 COMMITTEE ON FOREIGN RELATIONS Mr. INHOFE. Mr. President, I ask The Convention sets forth modern Mr. CORNYN. Mr. President, I ask unanimous consent that my defense rules validating and facilitating the unanimous consent that the Com- fellow, SGM Travis Votaw, be granted use of electronic communications in mittee on Foreign Relations be author- floor privileges for the remainder of international business transactions. ized to meet during the session of the this calendar year. The Convention will promote legal uni- Senate on February 10, 2016, at 10:15 The PRESIDING OFFICER. Without formity and predictability, and thereby a.m., to conduct a hearing entitled objection, it is so ordered. lower costs, for U.S. businesses en- ‘‘U.S. Policy in Central Africa: The Im- Ms. MURKOWSKI. Mr. President, I gaged in electronic commerce. perative of Good Governance.’’ ask unanimous consent that Maj. Mat- The Convention’s provisions are sub- The PRESIDING OFFICER. Without thew Schroeder, a defense fellow in my stantively similar to State law enact- objection, it is so ordered. office, and LCDR Amy McElroy, a ments in the United States of the 1999 COMMITTEE ON HOMELAND SECURITY AND Coast Guard fellow in my office, be Uniform Electronic Transactions Act GOVERNMENTAL AFFAIRS granted privileges of the floor for the (UETA), and to the governing Federal Mr. CORNYN. Mr. President, I ask remainder of the 114th Congress. law, the Electronic Signatures in Glob- unanimous consent that the Com- The PRESIDING OFFICER. Without al and National Commerce Act, Public mittee on Homeland Security and Gov- objection, it is so ordered. Law 106–229 (June 30, 2000). Consistent ernmental Affairs be authorized to Mr. KAINE. Mr. President, I ask with the Federal law, all States have meet during the session of the Senate unanimous consent that Sanjay Mukhi, enacted laws containing the same basic on February 10, 2016, at 10 a.m. Michael Pascual, and Heather Ichord, The PRESIDING OFFICER. Without congressional fellows in my office, be rules on electronic commerce, whether objection, it is so ordered. granted floor privileges for the remain- based on UETA or on functionally equivalent provisions. The Federal COMMITTEE ON THE JUDICIARY der of the 114th Congress. Mr. CORNYN. Mr. President, I ask The PRESIDING OFFICER. Without statute allows States that enact unanimous consent that the Com- objection, it is so ordered. UETA, or equivalent standards, to be mittee on the Judiciary be authorized f subject to their State law, and not the corresponding provisions of the Federal to meet during the session of the Sen- REMOVAL OF INJUNCTION OF SE- law. ate on February 10, 2016, at 10 a.m., in CRECY—TREATY DOCUMENT NOS. room SD–226 of the Dirksen Senate Of- 114–5, 114–6, 114–7, 114–8, 114–9, AND The United States proposed and ac- fice Building, to conduct a hearing en- 114–10 tively participated in the negotiation titled ‘‘Breaking the Cycle: Mental of the Convention at the United Na- Mr. MCCONNELL. Mr. President, as tions Commission on International Health and the Justice System.’’ in executive session, I ask unanimous The PRESIDING OFFICER. Without Trade Law. Accession by the United consent that the injunction of secrecy objection, it is so ordered. States can be expected to encourage be removed from the following treaties other countries to become parties to SPECIAL COMMITTEE ON AGING transmitted to the Senate on February Mr. CORNYN. Mr. President, I ask the Convention, and having a greater 10, 2016, by the President of the United unanimous consent that the Special number of parties to the Convention States: U.N. Convention on the Use of Committee on Aging be authorized to should facilitate electronic commerce Electronic Communications in Inter- meet during the session of the Senate across borders. national Contracts, Treaty Document on February 10, 2016, at 2:30 p.m., in No. 114–5; Marrakesh Treaty to Facili- The Convention would be imple- room SD–562 of the Dirksen Senate Of- tate Access to Published Works for mented through Federal legislation to fice Building to conduct a hearing enti- Persons Who Are Blind, Visually Im- be proposed separately to the Congress tled ‘‘Do You Know What Is In Your paired, or Otherwise Print Disabled, by my Administration. Suitcase? How Drug Traffickers Are Treaty Document No. 114–6; U.N. Con- The Convention has been endorsed by Deceiving Seniors to Smuggle Contra- vention on the Assignment of Receiv- leading associations and organizations band.’’ ables in International Trade, Treaty in this area, including the American The PRESIDING OFFICER. Without Bar Association and the United States objection, it is so ordered. Document No. 114–7; Beijing Treaty on Audiovisual Performances, Treaty Doc- Council on International Business. The f ument No. 114–8; U.N. Convention on United States Government worked PRIVILEGES OF THE FLOOR Independent Guarantees and Stand-By closely with the Uniform Law Commis- Mr. WYDEN. Mr. President, I ask Letters of Credit, Treaty Document sion regarding the negotiation and do- unanimous consent that Jeremy No. 114–9; and Extradition Treaty with mestic implementation of the Conven- Lagelee, a law clerk on the Finance the Dominican Republic, Treaty Docu- tion. Committee, be granted floor privileges ment No. 114–10. I further ask that the I recommend, therefore, that the for the duration of the week. treaties be considered as having been Senate give early and favorable consid- The PRESIDING OFFICER. Without read the first time; that they be re- eration to the Convention and give its objection, it is so ordered. ferred, with accompanying papers, to advice and consent to ratification, sub- Mr. SCHATZ. Mr. President, I ask the Committee on Foreign Relations ject to certain understandings and dec- unanimous consent that Henry and ordered to be printed; and that the larations. Schliefer, Justin Brown, Justin Hoff- President’s messages be printed in the BARACK OBAMA. man, Michael George, Rebecca Gilbert, RECORD. THE WHITE HOUSE, February 10, 2016. and Scott Richards, fellows in my of- The PRESIDING OFFICER. Without fice, be granted floor privileges for the objection, it is so ordered. To the Senate of the United States: remainder of this session in Congress. The messages of the President are as With a view to receiving the advice The PRESIDING OFFICER. Without follows: and consent of the Senate to ratifica- objection, it is so ordered. tion, I transmit herewith the Marra- Mr. MERKLEY. Mr. President, I ask To the Senate of the United States: kesh Treaty to Facilitate Access to unanimous consent for my intern, With a view to receiving the advice Published Works for Persons Who Are Aaron Nelson, to be granted privileges and consent of the Senate to ratifica- Blind, Visually Impaired, or Otherwise of the floor for the remainder of the tion, subject to certain declarations Print Disabled, done at Marrakesh on day. and understandings, I transmit here- The PRESIDING OFFICER. Without with the United Nations Convention on June 27, 2013 (Marrakesh Treaty). I also objection, it is so ordered. the Use of Electronic Communications transmit, for the information of the Mr. MARKEY. Mr. President, I ask in International Contracts (Conven- Senate, a report of the Secretary of unanimous consent that Gene Gerzhoy, tion), done at New York on November State with respect to the Marrakesh a fellow working in my office, have full 23, 2005, and entered into force on Treaty that includes a summary of its privileges during this session of the March 1, 2013. The report of the Sec- provisions. 114th Congress. retary of State, which includes an This copyright treaty, concluded The PRESIDING OFFICER. Without overview of the Convention, is enclosed under the auspices of the World Intel- objection, it is so ordered. for the information of the Senate. lectual Property Organization (WIPO),

VerDate Sep 11 2014 05:36 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A10FE6.037 S10FEPT1 rfrederick on DSK6VPTVN1PROD with SENATE February 10, 2016 CONGRESSIONAL RECORD — SENATE S831 advances the national interest of the export goods, and thereby help create vention), done at New York on Decem- United States in promoting the protec- more jobs in the United States. ber 11, 1995, and signed by the United tion and enjoyment of creative works. The rules set forth in the Convention States on December 11, 1997. The report The Marrakesh Treaty lays a founda- do not differ in any significant respect of the Secretary of State, which in- tion, in a manner consistent with ex- from those contained in existing U.S. cludes an overview of the proposed isting international copyright stand- law. In particular, in virtually all cases Convention, is enclosed for the infor- ards, for further opening up a world of application of the Convention will mation of the Senate. knowledge for persons with print dis- produce the same results as those As a leader in transactional finance, abilities by improving their access to under the Uniform Commercial Code the United States participated in the published works. Article 9, which all States and the Dis- negotiation of this Convention at the The United States played a leader- trict of Columbia, Puerto Rico, and the United Nations Commission on Inter- ship role in the negotiation of the trea- Virgin Islands have enacted. national Trade Law with the support of ty, and its provisions are broadly con- I recommend, therefore, that the U.S. commercial and financial inter- sistent with the approach and struc- Senate give early and favorable consid- ests. The Convention establishes com- ture of existing U.S. law. Narrow eration to the Convention and give its mon rules on stand-by letters of credit changes in U.S. law will be needed for advice and consent to ratification, sub- and other independent guarantees, in- the United States to implement certain ject to certain declarations and under- struments that are essential to inter- provisions of the treaty. Proposed leg- takings set forth in the enclosed re- national commerce, and thereby re- islation is being submitted to both port. duces the uncertainty and risk that houses of the Congress in conjunction BARACK OBAMA. may be associated with cross-border with this transmittal. THE WHITE HOUSE, February 10, 2016. transactions. With two minor excep- I recommend that the Senate give To the Senate of the United States: tions, the Convention’s provisions are early and favorable consideration to With a view to receiving the advice substantively similar to the uniform the Marrakesh Treaty, and give its ad- and consent of the Senate to ratifica- State law provisions in the Uniform vice and consent to its ratification. tion, I transmit herewith the Beijing Commercial Code Article 5 (Letters of BARACK OBAMA. Treaty on Audiovisual Performances, Credit), which all States and the Dis- THE WHITE HOUSE, February 10, 2016. done at Beijing on June 24, 2012 (Bei- trict of Columbia, Puerto Rico, and the Virgin Islands have enacted. To the Senate of the United States: jing Treaty). I also transmit, for the information of the Senate, a report of Ratification by the United States of With a view to receiving the advice this Convention can be expected to en- and consent of the Senate to ratifica- the Secretary of State with respect to the Beijing Treaty that includes a sum- courage other countries to become par- tion, subject to certain declarations ties to the Convention. While eight and understandings set forth in the en- mary of its provisions. This copyright treaty, concluded countries currently are parties to the closed report, I transmit herewith the Convention, having a greater number United Nations Convention on the As- under the auspices of the World Intel- lectual Property Organization (WIPO), of parties to the Convention would pro- signment of Receivables in Inter- mote the stability and efficiency of national Trade, done at New York on advances the national interest of the United States in promoting the protec- international commerce. December 12, 2001, and signed by the The Convention has been endorsed by United States on December 30, 2003. tion and enjoyment of creative works. The Beijing Treaty provides a modern leading banking and business associa- The report of the Secretary of State, tions in the United States. which includes an overview of the pro- international framework for the rights of performers in motion pictures, tele- The Convention would be imple- posed Convention, is enclosed for the mented through Federal legislation to information of the Senate. vision programs, and other audiovisual works, similar to that already in place be separately transmitted by my Ad- The Convention sets forth modern ministration to the Congress. uniform rules governing the assign- for producers of such works, for authors, and for performers and producers I recommend, therefore, that the ment of receivables for use in inter- Senate give early and favorable consid- national financing transactions. In par- of sound recordings, pursuant to other WIPO copyright treaties the United eration to the Convention and give its ticular, the Convention facilitates the advice and consent to its ratification, use of cross-border receivables financ- States has joined. The United States played a leader- subject to certain understandings set ing by: (a) recognizing the legal effec- ship role in the negotiation of the trea- forth in the enclosed report. tiveness of a wide variety of modern re- ty, and its provisions are broadly con- BARACK OBAMA. ceivables financing practices; (b) over- sistent with the approach and struc- THE WHITE HOUSE, February 10, 2016. riding certain contractual obstacles to ture of existing U.S. law. Narrow receivables financing; and (c) providing To the Senate of the United States: changes in U.S. law will be needed for clear, uniform conflict-of-laws rules to With a view to receiving the advice the United States to implement certain determine which country’s domestic and consent of the Senate to ratifica- provisions of the treaty. Proposed leg- law governs priority as between the as- tion, I transmit herewith the Extra- islation is being submitted to both signee of a receivable and competing dition Treaty between the Government houses of the Congress in conjunction claimants. of the United States of America and with this transmittal. As a global leader in receivables fi- the Government of the Dominican Re- I recommend that the Senate give nancing, the United States actively public (the ‘‘Treaty’’), signed at Santo early and favorable consideration to participated in the negotiation of this Domingo on January 12, 2015. I also the Beijing Treaty, and give its advice Convention at the United Nations Com- transmit, for the information of the and consent to its ratification, subject mission on International Trade Law Senate, the report of the Department to a declaration pursuant to Article 11 with the support of U.S. business inter- of State with respect to the Treaty. of the Beijing Treaty as described in ests. Drawing on laws and best prac- The Treaty would replace the extra- the accompanying Department of State tices prevalent in the United States dition treaty between the United report. and other countries where receivables States and the Dominican Republic, BARACK OBAMA. financing flourishes, the Convention THE WHITE HOUSE, February 10, 2016. signed at Santo Domingo on June 19, would promote the availability of cap- 1909. The Treaty follows generally the ital and credit at more affordable rates To the Senate of the United States: form and content of other extradition and thus facilitate the development of With a view to receiving the advice treaties recently concluded by the international commerce. Widespread and consent of the Senate to ratifica- United States. It would replace an out- ratification of the Convention would tion, subject to certain understandings moded list of extraditable offenses with help U.S. companies, especially small- set forth in the enclosed report, I a modern ‘‘dual criminality’’ approach, and medium-sized enterprises, obtain transmit herewith the United Nations which would enable extradition for much-needed working capital financing Convention on Independent Guarantees such offenses as money laundering and from U.S. banks and other lenders to and Stand-By Letters of Credit (Con- other newer offenses not appearing on

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9/11 MEMORIAL ACT Zoberman is the Founding Rabbi of Congrega- We reassure our dear Muslim neighbors, tion Beth Chaverim in Virginia Beach, Virginia. colleagues, and friends, which we unre- SPEECH OF Rabbi Zoberman asked me to submit the fol- servedly appreciate their indispensable contributions without which we would be dimin- HON. JOSEPH CROWLEY lowing remarks: ished. Barbaric ISIS targets them too and OF NEW YORK Our one God of life’s precious blessings in they fight it with fellow Americans. We all a precarious world who created us to be one IN THE HOUSE OF REPRESENTATIVES stand together in the ark of survival with a family, gloriously diverse and gratefully shared future and fate. Indeed, we mutually Tuesday, February 9, 2016 united, so movingly manifest in our beloved and joyfully are our sisters and brothers’ Hampton Roads and in this our Standing To- Mr. CROWLEY. Mr. Speaker, I rise today in keepers. We cannot be separated. Let us be gether for our sake as well as Heaven’s. mindful of the danger of poisonous dema- support of The National 9/11 Memorial at the I am proudly holding my Jewish people’s goguery to our enviable American democ- World Trade Center Act. This legislation would most sacred possession, the Torah Scroll. racy and inclusive way of life, as well as to designate the site of the 9/11 Memorial at the This one from Brno, Czech Republic, has ac- our ethical standing. Words and lives do World Trade Center as a national memorial— quired an added dimension of the sacred. A matter. Words and lives are inextricably providing it the national recognition and sup- survivor of the Shoah, Holocaust, number 526 connected. port it deserves as a lasting symbol of the of the Czech Memorial Scrolls, it lost its Let us reaffirm in this grand gathering the lives we lost and the resilience with which our original congregation and community in the infinite value of each and every one of us. Kingdom of the Night. Hatred of the ‘‘other’’ Both our differences and commonalities are nation came together and pledged to emerge consumed eleven million innocent lives of precious to our common Creator. They stronger in search of a more peaceful world. Jews and Gentiles. The towering Torah’s should be the same for us. Finally, let us Like many New Yorkers, I know and have teachings of loving-kindness, is the very pledge to never ever abandon our deepest felt firsthand the lasting impacts of September foundation of the three great monotheistic mooring and most sacred proposition that 11, 2001. Among the almost 3,000 lives we religions—Judaism, Christianity, and Islam. God’s divinity and human dignity are indi- lost that day was that of my cousin, John Joined by the three great Eastern religions visible. Shalom, Salaam, Peace. Moran, a second-generation firefighter and they have served as humanity’s conscience f FDNY Battalion Chief. Not a day goes by that and civilization’s journey forward. We are taught in the Torah’s inerasable HONORING CARNEY CAMPION I don’t think of my cousin and of the thou- lessons begrudged by humanity’s enemies, sands of family members and loved ones we burning the Torah and its people that each HON. JARED HUFFMAN lost that day. But I also bear in mind each day human being is equally though uniquely cre- OF CALIFORNIA the vow we made as a nation to never forget ated in the Divine image, that we should IN THE HOUSE OF REPRESENTATIVES what happened and to protect the spirit of ca- love our neighbors as we love ourselves. We maraderie that emerged from the attacks. are reminded time and again that we, who Wednesday, February 10, 2016 The 9/11 Memorial serves as a place where were rejected and enslaved in Pharaoh’s Mr. HUFFMAN. Mr. Speaker, I rise to recog- we can remember and honor the brave lives Egypt, ought to embrace the stranger, namely the ‘‘other’’ and the refugee, as members nize Carney Campion, who passed away in we lost, as well as that spirit of unity and over- of God’s family and our own. San Rafael, California, in December of last coming with which we moved forward as a na- The Exodus’ soaring saga of liberation up- year. An executive with the Golden Gate tion. Because of the place the events of Sep- lifted Dr. King—whose celebration we just Bridge Highway and Transportation District for tember 11, 2001 hold in our collective national observed—to remind America to live up to over two decades, Mr. Campion was a de- history, the federal government should play a the Pilgrims’ vision of fleeing refugees, voted civil servant, a respected and accessible role in preserving this space and keeping what walking in the shoes of the Biblical manager, and an ardent advocate for improv- it represents at the forefront of our collective Israelites while yearning for a new land free ing public transit. memory. By recognizing the 9/11 Memorial at from the persecution of the ‘‘other.’’ Free- A lifelong Californian, Mr. Campion was dom of and from religion has allowed Amer- the World Trade Center as a national memo- ica to flourish like no other nation, immeas- born in Santa Rosa in 1928, and graduated rial, federal resources will be available to en- urably benefitting from the greatest human from UC Berkeley in 1950 with a degree in sure the maintenance, security and accessi- diversity anywhere. Diversity is divine. Personnel and Public Administration. He held bility of this site so that all people will have the We must remember the Jewish refugees, management roles with the Redwood Region opportunity to remember and honor our he- including so many children, fleeing Nazism, Conservation Council and the Redwood Em- roes. It is our duty to ensure that this sacred who were denied entry to these promising pire Association before joining the Golden site and tribute receives the national upkeep shores. In 1939, the SS St. Louis ship, with Gate Bridge District. In 1998, at the age of 70, and recognition it deserves. its desperate human cargo from Hamburg, he retired from his general manager role, a Germany, was tragically turned away. I ad- September 11th changed our lives as indi- dress you from the midst of the children in position he held for 15 years. Following his re- viduals and as Americans. We must actively Europe’s Displaced Persons Camps following tirement, he remained active throughout Marin seek to remind our nation of the resolution World War II and the Holocaust. There I County, including with the Marin County Cul- and sacrifice of the survivors, the victims, their spent my formative early childhood, there tural Services Commission and the Marin families, and of our first responders. And we my family along with a multitude of up- County Fair. must also enshrine the courage and strength rooted survivors and homeless refugees on Mr. Campion was a measured leader navi- with which we stood up to hatred. Acting in a the run, gradually learned to believe again in gating an often chaotic environment. During bipartisan manner to designate the 9/11 Me- human goodness and renew our trust in God his tenure, he oversaw expansion in ferry, bus after such heavy genocidal losses. and rail services, labor negotiations, a seismic morial as a national memorial is an important Today’s refugees too are knocking on the step in this direction. door of ‘‘the land of the free and the home of retrofit of the Golden Gate Bridge, and other f the brave.’’ The Syrian ones, the most vul- transportation modernization efforts. He is re- nerable, are heroically escaping their geno- membered by staff as a genuine, thoughtful STANDING TOGETHER cidal regime. They too are in displaced per- leader dedicated to improving services for sons camps with their children’s bodies residents and visitors across the Bay Area. HON. E. SCOTT RIGELL washed ashore on European beaches. How Mr. Campion’s leadership has impacted can we remain silent? Those allowed to enter OF VIRGINIA countless lives throughout our region, with ef- following a most careful vetting process, will fects that can still be felt today, more than 15 IN THE HOUSE OF REPRESENTATIVES become along with their progeny, patriotic years after his retirement. It is therefore appro- Wednesday, February 10, 2016 and tax-paying Americans. Steve Jobs’ biological father was a Syrian immigrant. Refu- priate that we pay tribute to Mr. Campion Mr. RIGELL. Mr. Speaker, I rise today to gees and immigrants keep alive the Amer- today and express our deepest condolences submit a statement on behalf of my con- ican dream for us all, ensuring that America to his surviving wife, Kathryn, six children, 21 stituent, Rabbi Dr. Israel Zoberman. Rabbi may ever be a blessing. grandchildren, and nine great-grandchildren.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Sep 11 2014 04:27 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A10FE8.001 E10FEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E156 CONGRESSIONAL RECORD — Extensions of Remarks February 10, 2016 CONGRATULATING DAN FOUST, CONGRATULATING JOSHUA PERSONAL EXPLANATION SR. FOR HIS LIFETIME DISTIN- GILMER ON HIS ACCEPTANCE TO GUISHED SERVICE AWARD THE U.S. DEPARTMENT OF HON. GENE GREEN STATE’S CRITICAL LANGUAGE OF TEXAS SCHOLARSHIP AWARD 2015 SUM- HON. BLAINE LUETKEMEYER MER PROGRAM IN THE HOUSE OF REPRESENTATIVES Wednesday, February 10, 2016 OF MISSOURI Mr. GENE GREEN of Texas. Mr. Speaker, IN THE HOUSE OF REPRESENTATIVES HON. BILLY LONG I rise today to state that I was unable to vote OF MISSOURI on Tuesday, February 9, 2016 due to commu- Wednesday, February 10, 2016 nity events held that evening in our district in IN THE HOUSE OF REPRESENTATIVES Mr. LUETKEMEYER. Mr. Speaker, I rise Houston and Harris County, Texas. today to honor a constituent of mine, Mr. Dan Wednesday, February 10, 2016 If I had the opportunity to vote, I would have Foust, Sr. He is receiving the 2015 Lifetime voted ‘‘Yea’’ on H.R. 3036, legislation to des- Mr. LONG. Mr. Speaker, I rise today to con- Distinguished Service Award in the Cultural ignate the National September 11 Memorial lo- gratulate University of Missouri student Joshua category from the Greater St. Charles County cated at the World Trade Center in New York Gilmer on his acceptance to, and completion City, New York, as a national memorial. Chamber of Commerce. of, the U.S. Department of State’s Critical Lan- f Mr. Foust has been a lifelong dedicated vol- guage Scholarship award (CLS) 2015 summer unteer in the community. His membership with program. CONGRATULATING DON BOSCHERT, the St. Charles Lions Club started over twen- Joshua, a graduate of Nixa High School in JR. FOR HIS LIFETIME DISTIN- ty-seven years ago. During his time as a Nixa, Missouri, was one of just 550 out of GUISHED SERVICE AWARD member he was instrumental in establishing about 5,500 applicants to be selected to re- and completing the McNair Park Braille Trail. ceive admittance to the CLS program this HON. BLAINE LUETKEMEYER In 2001, Mr. Foust, branched off from the St. year. This scholarship is a prestigious award, OF MISSOURI Charles Lions club and chartered the First which offers a fully immersive language expe- IN THE HOUSE OF REPRESENTATIVES Capitol Lions club. From his many years of rience and cultural exchange to 13 countries service during his time as a Lions member, around the world. The program is aimed at Wednesday, February 10, 2016 Mr. Foust has received the highest honor a training the next generation of U.S. Citizens to Mr. LUETKEMEYER. Mr. Speaker, I rise Lions member can—the Melvin Jones Fellow- gain an enriched cultural knowledge of other today to honor a constituent of mine, Mr. Don ship award. countries and to be well equipped for careers Boschert, Jr. He is receiving the 2015 Citizen in diplomacy, international business, and other of the Year Award from the Greater St. The German Chapter of the St. Charles Sis- globalized industries. Charles County Chamber of Commerce. ter Cities has benefited from Mr. Foust’s mem- Mr. Boschert has called St. Charles County bership for over twenty years. His fundraising Through the program, Joshua completed an home his entire life. Since 1978, he has been efforts have allowed the St. Charles Sister Cit- Intermediate Russian language course in an Investment Representative with Edward ies to expand the number of student ex- Vladimir, Russia. His time overseas was spent Jones in St. Charles. changes from two students to four. This club fostering not only his language skills, but his During Mr. Boschert’s time with Edward allows students from Germany and Ireland to knowledge of and ability to relate to Russian culture. In the rapidly globalizing world, a cul- Jones, he has been recognized as a leader experience life in the St. Charles area. and was therefore named Regional Leader of Through this program students are able to fos- tural understanding of other countries is a key to continued American success in foreign af- St. Charles and Lincoln Counties from 1998 ter mutual understanding, friendship, and fairs. through 2004, and from 2001 through 2004, goodwill through cultural, social, business, and he served as a General Partner. Under his Mr. Speaker, Joshua Gilmer is now well- educational exchanges. leadership, Edward Jones was able to expand equipped with this new knowledge to broaden from 19 branch offices to 50 branch offices. In 2011, Mr. Foust started his Chairmanship the horizons of his peers here in the U.S. I am Mr. Boschert currently serves as a limited position of the St. Charles Oktoberfest Fes- proud to know that young people like Joshua Partner for Edward Jones along with working tival. Under his leadership, this event has from Missouri’s Seventh Congressional District with his son, Greg, in the heart of St. Charles. grown to over 100,000 attendees annually. will one day help guide America’s global eco- The commitment that Mr. Boschert shows to This festival brings in funds to various groups nomic interests, and urge my colleagues to the projects and programs of the chamber in the area: First Capitol Lions Club, St. Peters join me in congratulating him on this achieve- continue to make the organization stronger. In Lions Club, Lake St. Louis Lions Club, ment. Jonesburg Lions Club, Sister Cities of St. 1991, he served as President of the St. Charles Chamber of Commerce and also Charles, the St. Charles Jaycees, and many f more groups. served as Chairman of the St. Charles County Convention Center and Sports Facilities for 3 OUR UNCONSCIONABLE NATIONAL Other areas that Mr. Foust has served in- years. In addition to those office positions, DEBT clude: a twenty-five year membership with the Don has served as President of the St. St. Charles Parks Foundation, a twenty year Charles Rotary, St. Peters Rotary, and United membership with the St. Charles Raccoon Services. He has held board positions with Conservation Club, and serving in local gov- HON. MIKE COFFMAN Crime Stoppers and the Academy of the Sa- ernment for sixteen years. He also served as OF COLORADO cred Heart Golf Outing Committee. a former director of the St. Charles County IN THE HOUSE OF REPRESENTATIVES His volunteering spirit also positively affects Municipal League. the Boys & Girls Club of St. Charles and the Mr. Foust enjoys time with his wife of thirty- Wednesday, February 10, 2016 Child Welfare Allocation Panel for the United six years, Carla and his four children—Carrie, Way where he has served as a board mem- Mr. COFFMAN. Mr. Speaker, on January ber. The River City Rascals benefited from his Dan Jr., Justin, and Jason. His world is made 20, 2009, the day President Obama took of- leadership where he was a Limited Partner brighter by his 16 grandchildren and will wel- fice, the national debt was from 1997–2006. come his first great-grandchild in June of this $10,626,877,048,913.08. For 33 years, Don and his wife, Jennie, year. Today, it is $19,000,235,912,585.65. We’ve have enjoyed life together in the St. Charles I ask you to join me in recognizing Mr. Dan added $8,373,358,863,672.57 to our debt in 7 area. Foust, Sr. on this Lifetime Distinguished Serv- years. This is over $8 trillion in debt our na- I ask you to join me in recognizing Mr. Don ice Award in the Cultural category from the tion, our economy, and our children could Boschert, Jr. on this 2015 Citizen of the Year Greater St. Charles County Chamber of Com- have avoided with a balanced budget amend- award from the Greater St. Charles County merce. ment. Chamber of Commerce.

VerDate Sep 11 2014 04:27 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\K10FE8.003 E10FEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS February 10, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E157 CONGRATULATING ZACH MOORE lions, and a trip to Washington, D.C. On be- Donna Gastreich. She is receiving the 2015 ON HIS SELECTION TO THE HIGH half of the 4th Congressional District of Colo- Chamber Champion Award from the Greater SCHOOL HONORS PERFORMANCE rado, I extend my best wishes to Ms. Steiner. St. Charles County Chamber of Commerce. SERIES Mr. Speaker, it is an honor to recognize Ms. Ms. Gastreich is a pivotal part of the cham- Nicole Steiner for her accomplishments. ber by the way she passionately serves the HON. BILLY LONG f community. In the past several years, Ms. OF MISSOURI Gastreich has worked with various commit- IN RECOGNITION OF ST. MARY’S tees: Tech Communications and the Ambas- IN THE HOUSE OF REPRESENTATIVES SCHOOL Wednesday, February 10, 2016 sadors. She is also involved with the annual Golf Tournament. Mr. LONG. Mr. Speaker, I rise today to con- HON. RICHARD E. NEAL Her commitment to planning Santa’s North gratulate Zach Moore, a senior trombone play- OF MASSACHUSETTS Pole Dash, the annual 5K run, is evident from er at Glendale High School in Springfield, Mis- IN THE HOUSE OF REPRESENTATIVES her willingness to visit the businesses on Main souri, on being selected to perform in the High Wednesday, February 10, 2016 Street that will be affected by the race. Once School Honors Performance Series at Car- Ms. Gastreich has gathered the necessary in- Mr. NEAL. Mr. Speaker, I want to take this negie Hall in New York City. formation, she reports to staff so appropriate opportunity to recognize St. Mary’s School in Starting in 2009, The High School Honors modifications can be made for the race day. Lee, Massachusetts on their 130th anniver- Performance Series was established to show- Ms. Gastreich is a positive voice for the cham- sary. Since its inception, the hard work of the case the most talented high school performers ber and the programs they provide. teachers and students has made St. Mary’s in the country. To be considered for inclusion I ask you to join me in recognizing Ms. School a model of success in the region. in this series, Moore underwent a competitive Donna Gastreich on this 2015 Chamber In the mid-1880s, Jane Sedgwick, a mem- application process which required a written Champion Award from the Greater St. Charles ber of a wealthy family in Stockbridge, Massa- recommendation from an instructor and his County Chamber of Commerce. chusetts, wanted to open a parochial school in submitting an audition tape. The various dif- f ferent ensembles on display at the series are Western Massachusetts after a massive influx conducted by renowned conductors, who will of Irish immigrants into the area. After 25 HONORING STEVE WATSON AS THE challenge Zach to perform to the best of his years of work and determination, Pope Leo 2015 KRAFT HEINZ HERO abilities. XIII finally gave Jane his personal blessing to Zach has assembled a truly admirable body building the school that would be affiliated with HON. J. RANDY FORBES of work playing the trombone, earning a Bass St. Mary’s Church in Lee. Five years later, the OF VIRGINIA Trombone slot in the All-State Orchestra this school was built and they welcomed nuns IN THE HOUSE OF REPRESENTATIVES year as well as first chair trombone honors in from St. Joseph’s of Chambery, France to Wednesday, February 10, 2016 the All-District Honor Band. He has played teach students grades 1 through 8. with the U.S. Army All-American Marching For 72 years, the old school located on Mr. FORBES. Mr. Speaker, I rise today to Band at the halftime show of the U.S. Army Academy Street served the parish of St. recognize Steve Watson of Suffolk, Virginia. All-American Bowl, a testament to his ability to Mary’s until a boom in the population of Lee For the past five years, Steve—a 31-year em- perform at a high level in front of a large audi- following World War II. The pastor at St. ployee of the Planter’s peanut plant in Suf- ence. Zach has been described as an incred- Mary’s Church at the time, Father Jeremiah folk—and his wife Patricia have selflessly led ibly hard worker who is both dedicated to his Murphy, labored tirelessly to get the funds an effort to help ensure nearly 100 local stu- art and exceptionally talented. needed to ensure they could build a big dents have the supplies they need for the Mr. Speaker, Zach Moore deserves our con- enough building for all the students. In 1957, school year ahead. Annually, Steve and Patri- gratulations on his selection to the High all of Father Murphy’s dreams came together cia hold a back-to-school cookout that in- School Honors Performance Series. I urge my and a new school was constructed just up the cludes donating backpacks filled with school colleagues to join me in extending congratula- road from where the old school stood. Since supplies for children in their neighborhood. tions to Zach on his achievements, which then, the current building has added new On Thursday, February 11, 2016, Steve will make him an example of the outstanding tal- wings to the building to accommodate a library be recognized as the 2015 Kraft Heinz Hero, ent Missouri’s Seventh Congressional District and computer labs to better educate their stu- an award which is given to the Kraft Heinz has to offer. dents. Today, St. Mary’s School has all the employee who demonstrates upstanding val- f new forms of technology to help a new gen- ues and community excellence. Over 40,000 eration of students get excited about learning. employees worldwide were eligible to be nomi- RECOGNIZING MS. NICOLE Mr. Speaker, for the past 130 years, St. nated for this award, and I am proud to recog- STEINER Mary’s School’s curriculum may have nize Steve for receiving this prestigious honor. changed, but their ideals and their high edu- Steve Watson is a beloved pillar in the Suf- HON. KEN BUCK cational standards have always remained the folk community. When he is not manning the OF COLORADO same. With small class sizes, teachers are Bar-b-que, Steve can be found cooking and IN THE HOUSE OF REPRESENTATIVES able to give important individual attention to serving meals at his church for those in need, Wednesday, February 10, 2016 ensure every student can excel. The school’s assisting the elderly with maintenance and motto, ‘‘Education with a Plus,’’ speaks vol- home repairs and donating his time and Mr. BUCK. Mr. Speaker, I rise today to rec- umes to their dedication to math and the money to wherever community help is needed. ognize Ms. Nicole Steiner for being selected sciences, as well as the moral teachings that I salute Steve and Patricia for their efforts to as one of Colorado’s top two youth volunteers comes along with a Catholic education. I want give back to the students and families of Suf- in the 21st Annual National Awards Program to commend all the teachers and staff of St. folk and commend Steve on receiving this tre- by The Prudential Spirit of Community Mary’s School on all the success they have mendous award. Awards. She was selected for this honor be- had over the past century in shaping the f cause of her exceptional acts of volunteerism. young minds of Berkshire County. I wish them Ms. Steiner is a senior at Legend High TRIBUTE TO PETER PELLETT all the best with their future endeavors. School in Parker, Colorado. To date, she has raised over $40,000 worth of games, puzzles, f HON. DAVID YOUNG and books for a variety of organizations and CONGRATULATING DONNA OF IOWA individuals. In 2014 she founded ‘‘A Game for GASTREICH FOR HER LIFETIME IN THE HOUSE OF REPRESENTATIVES You’’, which collects games, puzzles, and DISTINGUISHED SERVICE AWARD books that are donated to various organiza- Wednesday, February 10, 2016 tions. Over 5,500 individuals have received a HON. BLAINE LUETKEMEYER Mr. YOUNG of Iowa. Mr. Speaker, I rise today to recognize and congratulate Peter gift because of her efforts. It is the ingenuity OF MISSOURI Pellett of Atlantic, Iowa for achieving the rank and hard work Ms. Steiner embodies daily that IN THE HOUSE OF REPRESENTATIVES makes America exceptional. She has shown of Eagle Scout. Peter is a member of Boy true leadership in her community. Wednesday, February 10, 2016 Scout Troop 366, Omaha, Nebraska and the As the recipient of this award, Ms. Steiner Mr. LUETKEMEYER. Mr. Speaker, I rise Soaring Eagle District of the Mid-America will receive a $1,000 stipend, engraved medal- today to honor a constituent of mine, Ms. Council.

VerDate Sep 11 2014 04:27 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A10FE8.005 E10FEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E158 CONGRESSIONAL RECORD — Extensions of Remarks February 10, 2016 The Eagle Scout designation is the highest RECOGNIZING MS. RILEY did this work because it was good for the advancement rank in scouting. Only about five HOLCOMB community and in doing so; she set an exam- percent of Boy Scouts earn the Eagle Scout ple for what it meant to be a committed public Award. The award is a performance-based HON. KEN BUCK servant of the highest order. Mr. Speaker, I ask my colleagues to join me achievement with high standards that have OF COLORADO today to honor Mrs. Kay Beard for her lifetime been well-maintained over the past century. IN THE HOUSE OF REPRESENTATIVES of service to our community. I considered her To earn the Eagle Scout rank, a Boy Scout Wednesday, February 10, 2016 a friend and a role model, and while her serv- is obligated to pass specific tests that are or- Mr. BUCK. Mr. Speaker, I rise today to rec- ice to us will be remembered, her loss will be ganized by requirements and merit badges, as ognize Ms. Riley Holcomb for being selected felt for a long time to come. well as completing an Eagle Project to benefit as one of Colorado’s Distinguished Finalists in f the community. Peter’s Eagle Project was re- the 21st Annual National Awards Program by CONGRATULATING RANDY SCHIL- habilitating the infield for the Benson Little The Prudential Spirit of Community Awards. League Park in Omaha, Nebraska. The work LING FOR HIS LIFETIME DISTIN- She was selected for this honor due to her ex- GUISHED SERVICE AWARD ethic Peter has shown in his Eagle Project ceptional acts of volunteerism. and every other project leading up to his Ms. Holcomb is a seventh-grade student at Eagle Scout rank speaks volumes of his com- Altona Middle School in Longmont, Colorado. HON. BLAINE LUETKEMEYER mitment to serving a cause greater than him- She was originally inspired to make a dif- OF MISSOURI self and assisting his community. ference when her aunt passed away from kid- IN THE HOUSE OF REPRESENTATIVES Wednesday, February 10, 2016 Mr. Speaker, the example set by this young ney cancer. Over the past four years, Ms. Hol- man demonstrates the rewards of hard work, comb founded a Relay for Life team which has Mr. LUETKEMEYER. Mr. Speaker, I rise dedication, and perseverance. I am honored to raised over $18,000 for the American Cancer today to honor a constituent of mine, Mr. represent Peter in the United States Con- Society. It is the ingenuity and hard work Ms. Randy Schilling. He is receiving the Lifetime Holcomb embodies daily that makes America gress. I ask that my colleagues in the United Distinguished Service Award in the Civic cat- exceptional. She has shown true leadership in States House of Representatives join me in egory from the Greater St. Charles County her community. congratulating him on obtaining the Eagle Chamber of Commerce. As the recipient of this award, she will re- Mr. Schilling started his commitment to revi- Scout ranking, and in wishing him nothing but ceive an engraved bronze medallion. On be- talizing Main Street St. Charles in 1992. As continued success in his future education and half of the 4th Congressional District of Colo- founder of Quilogy, Randy made the decision career. rado, I extend my best wishes to Ms. Hol- to set up his business on South Main and also comb. purchase five additional buildings on South f Mr. Speaker, it is an honor to recognize Ms. Main which he ended up renovating. Riley Holcomb for her accomplishments. The dedication to preserving the historical CONGRATULATING MERLE SCHNEI- f aspect of Main Street St. Charles continues to DER FOR HIS LIFETIME DISTIN- this day. Mr. Schilling successfully modifies GUISHED SERVICE AWARD IN RECOGNITION OF THE LIFE OF historic buildings on Historic Main Street for MRS. KAY BEARD modern business purposes. The projects he has spearheaded have shown the importance HON. BLAINE LUETKEMEYER HON. DEBBIE DINGELL of supporting the maintenance of these his- OF MISSOURI OF MICHIGAN toric structures. IN THE HOUSE OF REPRESENTATIVES One of Mr. Schilling’s recent projects is his IN THE HOUSE OF REPRESENTATIVES purchase and renovation of the old Post Office Wednesday, February 10, 2016 located on South Main Street. This 10,000 Wednesday, February 10, 2016 Mrs. DINGELL. Mr. Speaker, I rise today to square foot office space will allow regional Mr. LUETKEMEYER. Mr. Speaker, I rise recognize Mrs. Kay Beard for her lifetime of startups with affordable workspace for men- today to honor a constituent of mine, Mr. distinguished service to our county and our tors, potential investors, programming, edu- Merle Schneider. He is receiving the Lifetime state. Kay’s commitment to our community cation resources, and a community of local Distinguished Service Award in the Humani- has enriched the lives of so many and helped entrepreneurs. tarian category from the Greater St. Charles guide many of today’s leaders in our region to- As a native of St. Charles, Mr. Schilling has witnessed where St. Charles began and where County Chamber of Commerce. wards greater success. Kay was born in Detroit in 1921 and had a it is going. He graduated in 1985 from the Uni- Mr. Schneider is well known for his enter- reputation as a proud and feisty Irish Amer- versity of Missouri with a major in Electrical taining style of auctioneering and emceeing for ican. In 1946, Kay married the late Jerry Engineering. Once he completed his under- charity events in the St. Louis area. His self- Beard after he returned from World War II and graduate degree, he received his MBA in 1989 taught auctioneering skills have benefited nu- together, they raised five children. With her from the University of Illinois in Springfield, IL. merous organizations for their trivia nights, strong focus on family and community, Kay I ask you to join me in recognizing Mr. dinner auctions, and most recently for events became more involved in politics joining Citi- Randy Schilling on this Lifetime Distinguished honoring our veterans. zens for Educational Freedom and eventually Service Award in the Civic category from the For the past 30 years, during the Christmas running unsuccessfully for State Representa- Greater St. Charles County Chamber of Com- merce. season, Mr. Schneider plays the part of Santa tive. Undeterred, Kay kept at it and in 1978 and brings joy to many children as he hands was appointed to the Wayne County Commis- f out candy canes and teddy bears. Santa sion where she was then elected to fifteen RECOGNIZING TAIWAN’S PEACE Merle also annually appears at events for consecutive terms, until her retirement in INITIATIVE ROADMAP Toys for Tots, St. Louis Crisis Nursery, and 2008. During that time, Kay developed a rep- also provides opportunities for photos with utation as an outspoken force to be reckoned with in Wayne County Government. She cared HON. SCOTT DesJARLAIS children while listening to their Christmas OF TENNESSEE deeply about serving the constituents of her wishes. Numerous organizations have bene- IN THE HOUSE OF REPRESENTATIVES district, and did so with distinction for thirty fited from Mr. Schneider’s emcee skills, St. years. Wednesday, February 10, 2016 Jude Children’s Research Hospital, the Kay was a beloved mother of five, grand- Duchesne High School Foresight Dinner Auc- Mr. DESJARLAIS. Mr. Speaker, I rise today mother of three, sister, and a loving wife to to recognize the efforts that our close partner tion, Foodbank of St. Louis, Volunteers in her late husband Jerry. Kay was deeply in- and ally Taiwan has made in support of peace Medicine, and Giant Steps for Autism. volved in a wide array of community initiatives and stability in the Asia-Pacific region. I ask you to join me in recognizing Mr. including the United Way Community Services Last year, Taiwan President Ma Ying-jeou Merle Schneider on this Lifetime Distinguished Board, the Blue Cross Senior Advisory Coun- proposed the South China Sea Peace Initia- Service Award in the Humanitarian category cil, the National Council for School-to-Work tive, reiterating their government’s long- from the Greater St. Charles County Chamber Opportunities, and was a founding member of standing position of shelving disputes and proof Commerce. Hospices of Michigan, just to name a few. She moting joint resource development in these

VerDate Sep 11 2014 04:27 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A10FE8.009 E10FEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS February 10, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E159 contested waters. On January 28, 2016, Presi- Lake County. He has received much recogni- Our failure to follow through on a negotiated dent Ma further proposed ‘‘the South China tion for his efforts including the 2013 Florida agreement with a key ally not only leaves Sea Peace Initiative Roadmap’’ during his visit Association of Chamber Professionals, Cham- Palau uncertain about America’s commitment. to Taiping Island in the Spratly of the South ber Professional of the Year. It leaves any nation that receives an assur- China Sea. The content of the Peace Initiative During the past century, the South Lake ance from the United States wondering wheth- Roadmap is stated as below: Chamber of Commerce has been through er America is good for its word. ‘‘1. ‘‘Yes’’ to cooperation, ‘‘no’’ to confronta- many phases of growth and change to create So, it is time to renew the effort here in tion: A cooperation and development mecha- the longstanding history and tradition of suc- Congress to affirm the alliance that President nism that contributes to peace and prosperity cessful business organization. Formed more Reagan began. The legislation I am intro- in the South China Sea should first be estab- than 20 years ago, the South Lake Chamber’s ducing approves the extension of the Compact lished, and sovereignty disputes should be set footprint has expanded to Clermont, Minneola, of Free Association with the Republic of aside for future resolution through peaceful Groveland, Mascotte, Monteverde, and Four Palau. This legislation will help maintain the means. Corners. The original Board of Trade, estab- American presence that we acquired at great 2. ‘‘Yes’’ to sharing, ‘‘no’’ to monopolizing: A lished in 1895, created a new vision of com- cost in the bloody battles of World War II and cooperation and development mechanism munity and business development for South will bulwark America’s position in the Western should ensure equal participation and re- Lake County. One century later in 1995, the Pacific in the years ahead. source sharing among all parties concerned in Clermont-Minneola and Groveland-Mascotte f the region in order to avoid undermining the Chambers united for the betterment of South rights and interests of any party. Lake. Today, after 20 years, the South Lake COMMEMORATING THE 125TH ANNI- 3. ‘‘Yes’’ to pragmatism, ‘‘no’’ to intran- Chamber of Commerce continues to foster a VERSARY OF ST. JOSEPH CATHO- sigence: The initial focus should be on as- spirit of cooperation and progress among the LIC CHURCH IN PENSACOLA, pects which are beneficial to all parties con- area’s business community. FLORIDA cerned and on which consensus can be easily The excellence with which the South Lake achieved; various cooperation items should be Chamber of Commerce and Mr. San Fratello HON. JEFF MILLER pragmatically and gradually promoted so as to serve South Lake County’s business commu- OF FLORIDA nity and enterprises is evident from their his- avoid missing out on cooperation opportunities IN THE HOUSE OF REPRESENTATIVES tory and recognition. I commend them for their as a result of any party insisting on its posi- Wednesday, February 10, 2016 tion. many achievements and I am pleased to con- The viable path consists of shelving dis- gratulate them on the celebration of their 20th Mr. MILLER of Florida. Mr. Speaker, I rise putes, integrated planning, and zonal develop- anniversary. My sincerest wishes and con- to commemorate the 125th anniversary of the ment. The two essential elaborations are: gratulations to Mr. San Fratello and his family historic St. Joseph Catholic Church in Pensa- First, all parties concerned in the region on his retirement. cola, Florida. should be included in the consultation mecha- f St. Joseph parish of Pensacola traces its roots back to 1891, as an outgrowth of St. Mi- nism for this initiative so that they can engage KEEPING AMERICA STRONG IN chael the Archangel Catholic Church and to in cooperation and negotiations on integrated THE WESTERN PACIFIC planning for the South China Sea. Second, the the pastorship of Reverend Robert Fullerton. cooperation and consultation mechanism pro- HON. GREGORIO KILILI CAMACHO Although it was founded as the first African- posed in this initiative should be a provisional American church in the Diocese of Mobile, St. arrangement of a practical nature, and should SABLAN Joseph Catholic Church cared not only for the not undermine the position of any party con- OF THE NORTHERN MARIANA ISLANDS religious needs of the Pensacola African- cerned or jeopardize or hamper the reaching IN THE HOUSE OF REPRESENTATIVES American community, but the church also of a final agreement on the South China Sea.’’ Wednesday, February 10, 2016 served individuals from diverse backgrounds who wished to worship at the church. Whether The Taiwan government has reaffirmed its Mr. SABLAN. Mr. Speaker, today, I am in- in its original two-story wooden building or its commitment to uphold the freedom of naviga- troducing legislation to approve a 15-year ex- current Gothic Revival style structure adorned tion and overflight, and has actively worked to tension of the United States’ Compact of Free promote peace and prosperity throughout the Association with the Republic of Palau. with stained-glass windows and completed in South China Sea region. I urge my colleagues President Ronald Reagan, recognizing the 1894, the multi-cultural parish family has been to join me in working with our Taiwanese part- importance of the Western Pacific to U.S. se- blessed by the Word of God for 125 years. ners to promote our common interests and curity interests, first negotiated the Compact During that time, the church underwent find a viable path to maintain peace and sta- with Palau. President Reagan’s prescience of structural and pastoral changes, operated bility in the South China Sea. the need to maintain strategic denial to the Maryall Negro Missions and four mission chapels, Our Lady of Fatima Mission School, f military of other nations in the land, air, and sea of Palau—an area the size of Texas—is a grammar school, at one point the only RECOGNIZING THE 20TH ANNIVER- apparent now more than ever. Catholic African-American high school in the SARY OF THE SOUTH LAKE Yet we in Congress have failed to maintain state of Florida, St. Joseph orphanage that CHAMBER OF COMMERCE AND the commitment that President Reagan estab- opened its doors to homeless African-Amer- THE RETIREMENT OF RAY SAN lished with Palau. The 1986 Compact provided ican boys, and Our Lady of Angels Maternity FRATELLO for annual economic assistance. In 2010, the Hospital for African-American women, as well U.S. and Palau agreed to an extension of this as St. Joseph Cemetery. Today St. Joseph’s HON. DANIEL WEBSTER Compact assistance and agreed that funding ministry continues to care for the Pensacola OF FLORIDA should gradually taper off over the succeeding community through the Our Lady of Angels IN THE HOUSE OF REPRESENTATIVES 15 years. In 2012, Chairman Donald Manzullo Free Clinic, which serves the homeless and of the Subcommittee on Asia and the Pacific needy individuals throughout the area; the Wednesday, February 10, 2016 introduced the necessary legislation to ap- Caring and Sharing Outreach, which provides Mr. WEBSTER of Florida. Mr. Speaker, it is prove the extension. Hearings and markup food and clothing; and the St. Joseph Soup my pleasure to recognize the 20th anniversary were held, but no further action ensued. Kitchen, which serves free meals to the home- of the South Lake Chamber of Commerce, It is true that Congress has continued to less. and the retirement of Ray San Fratello. On provide financial assistance to Palau per the One constant thread throughout its storied December 31, 2015, Mr. San Fratello retired terms of the extension agreement—but only history, however, is the parish’s strong faith in as President of South Lake Chamber of Com- on an installment basis, year-by-year. No long- God. It is through their strength and that of the merce. term commitment to our ally has been forth- local community, guided by the Holy Spirit, Mr. San Fratello has led the South Lake coming. Yet, the Republic of Palau continues that the church has not only stayed together, Chamber of Commerce for the past 12 years to send its citizens to serve in the U.S. Armed but has also grown strong through hardship. after 13 years with the Genesee County Forces. Palau votes with the United States in Whether faced with the Jim Crow laws or the Chamber of Commerce in upstate New York. the United Nations 95 percent of the time. And natural disasters like Hurricane Ivan, which Under his leadership, the South Lake Cham- Palau’s keystone geographic position in the devastated the entire Gulf Coast in 2004, ber of Commerce has experienced tremen- defensive ‘‘second island chain’’ in the West- nothing could tear apart the bonds of this dous growth with the largest membership in ern Pacific has not altered. community. When faced with adversity, the

VerDate Sep 11 2014 04:27 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\K10FE8.008 E10FEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E160 CONGRESSIONAL RECORD — Extensions of Remarks February 10, 2016 congregation continually emerged stronger TRIBUTE TO NICK PELLETT spending 41 years serving his country and his and remains today as a pillar in the Northwest family, Jim spent the next 26 years serving his Florida community, full of humility and com- HON. DAVID YOUNG community. Working closely with the Niagara passion—the characteristics exhibited by its OF IOWA Falls Air Reserve Base, the AARP Income Tax namesake thousands of years ago. IN THE HOUSE OF REPRESENTATIVES Program, the NYS Office for the Aging, the Dale Association, and the Sisters Hospital, Jim Mr. Speaker, it is my privilege to honor St. Wednesday, February 10, 2016 demonstrated how important it is for members Joseph Catholic Church of Pensacola, its Mr. YOUNG of Iowa. Mr. Speaker, I rise of our community to live their life committed to leadership and its congregants for 125 years today to recognize and congratulate Nick helping those in need. of faithful service to God. For over a century Pellett of Atlantic, Iowa for achieving the rank As I reflect on the impact Jim Spedding had St. Joseph’s has been an integral part of the of Eagle Scout. Nick is a member of Boy on those around him, I am proud to say he Pensacola community, my wife Vicki and I Scout Troop 366, Omaha, Nebraska and the was able to leave his three wonderful children, thank them for their dedication to the people Soaring Eagle District of the Mid-America three grandchildren, five great-grandchildren, of Northwest Florida and pray for their contin- Council. and all of his nieces and nephews with a ued success. May God grant St. Joseph par- The Eagle Scout designation is the highest proud example of how to live. ish many more years to come and may His advancement rank in scouting. Only about five blessings continue to shine down on them. percent of Boy Scouts earn the Eagle Scout f Award. The award is a performance-based f achievement with high standards that have THANK YOU PETER been well-maintained over the past century. INTRODUCTION OF THE JUSTIN To earn the Eagle Scout rank, a Boy Scout HON. PAUL COOK SMITH MORRILL CONGRES- is obligated to pass specific tests that are or- OF CALIFORNIA SIONAL GOLD MEDAL ACT ganized by requirements and merit badges, as IN THE HOUSE OF REPRESENTATIVES well as completing an Eagle Project to benefit Wednesday, February 10, 2016 the community. Nick’s Eagle Project was co- HON. DAN NEWHOUSE ordinating the painting of dugouts, backstop, Mr. COOK. Mr. Speaker, having been in the OF WASHINGTON restroom facility, and the snack shack for the United States Marine Corps my whole life, I Benson Little League Park in Omaha, Ne- learned a valuable lesson; always surround IN THE HOUSE OF REPRESENTATIVES braska. The work ethic Nick has shown in his yourself with loyal people. For me, I’m lucky to Wednesday, February 10, 2016 Eagle Project and every other project leading have the best staff on Capitol Hill—all of them up to his Eagle Scout rank speaks volumes of have become part of my family. Mr. NEWHOUSE. Mr. Speaker, I rise today his commitment to serving a cause greater It’s nostalgic that I come to the floor today to introduce my legislation, the Justin Smith than himself and assisting his community. to personally thank Peter Rescigno who will Morrill Congressional Gold Medal Act of 2016. Mr. Speaker, the example set by this young be leaving my office at the end of this week. This legislation would honor a true American man demonstrates the rewards of hard work, Peter has been with me since I was elected hero by posthumously awarding the Honorable dedication, and perseverance. I am honored to as the Representative for California’s Eighth Justin Smith Morrill with the Congressional represent Nick in the United States Congress. Congressional District three years ago and Gold Medal. Mr. Morrill was elected to six I ask that all of my colleagues in the United has become a fixture of Longworth 1222. As terms in the U.S. House of Representatives States House of Representatives join me in he prepares to leave for New York, I can’t and six terms in the United States Senate, congratulating him on obtaining the Eagle thank him enough for the counsel and dedica- making him the longest serving Member of Scout ranking, and I wish him nothing but con- tion he has provided to me and the constitu- Congress in the 19th Century. During his ten- tinued success in his future education and ca- ents of California’s Eighth Congressional Dis- ure, he chaired the House Committee on reer. trict. Ways and Means, the Senate Committee on f A joke I always share with people is when Finance, and the Senate Committee on Public I hired Peter, I also needed to hire a trans- HONORING THE LIFE OF MR. lator. You know, being from New York, he Buildings and Grounds. As Chairman of the JAMES SPEDDING Senate Committee on Buildings and Grounds, speaks so fast and you can never understand a single word he says. Don’t let that fool you, he served as the principle advocate for financ- Peter is one of the most talented people I’ve ing and constructing the Thomas Jefferson HON. CHRIS COLLINS OF NEW YORK ever met—his dedication and loyalty stops at Building of the Library of Congress and nothing. He always has a smile on and deals planned the location of the U.S. Supreme IN THE HOUSE OF REPRESENTATIVES with anything and everything you throw his Court Building. He also raised funds to com- Wednesday, February 10, 2016 way. Trust me; I’ve thrown some unexpected plete the unfinished Washington Monument Mr. COLLINS of New York. Mr. Speaker, I things his way—he’s never let me down. and advocated for the Smithsonian Institution rise today to honor a constituent of New For this Marine, who’s seen change all too throughout his service in Congress. York’s 27th Congressional District, Mr. James frequently, this goodbye is one of the hardest. However, his greatest achievement was au- Spedding. Mr. Spedding honorably served his Peter, as you prepare to leave for New thoring the Morrill Act of 1862, which created country, his family, and his community until his York, I want you to know that thanks for this the land-grant university system. Today, land- recent passing on January 22, 2016. Congressman will never be enough. I’ll always grant and other public universities award near- Jim was born in Lockport, NY on April 2, be grateful for your help and most importantly ly 1 million degrees annually and perform 1929, to parents John Carl and Blanch. After your friendship. I’m excited to hear about the more than $37 billion in research. Additionally, graduating from Lockport High School in 1947, great things you’ll accomplish. almost 30 years later, Senator Morrill authored Jim was eager to serve his country; and, in Make me proud, you always know where to the Morrill Act of 1890, which created histori- 1948 he enlisted in the United States Air find me. cally black land-grant universities. Force. Jim proudly served his country until 1969, when he retired from the Air Force as f Justin Smith Morrill is a man who has pro- a Chief Master Sergeant. During his service, vided generations and millions of Americans— Jim traveled to Texas, Mississippi, Korea, New PERSONAL EXPLANATION especially those from working class families— York and California—but Jim’s travels did not with access to higher education throughout the hold him back from pursuing higher education. HON. RICHARD L. HANNA nation. His achievements have inspired Amer- During his 21 years of service, Jim earned de- OF NEW YORK ican history, values, and culture and will be grees from Foothill College and the University IN THE HOUSE OF REPRESENTATIVES recognized and honored by generations to of Nebraska, and graduate degrees from come. For these reasons, and many others, I Chapman University and the University of Wednesday, February 10, 2016 urge all members to join me in supporting this Southern California. After returning home to Mr. HANNA. Mr. Speaker, on Roll Call No. commonsense legislation, which will honor this his friends, family, and his beautiful wife, 64 on H.R. 3036, I am not recorded because great American hero with the Congressional Helen, Jim worked for Harrison Radiator Divi- I was absent for personal reasons. Had I been Gold Medal. sion, GMC until officially retiring in 1989. After present, I would have voted Aye.

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HIGHLIGHTS Senate passed H.R. 757, North Korea Sanctions Enforcement Act, as amended. Senate U.N. Convention on the Use of Electronic Com- Chamber Action munications in International Contracts (Treaty Doc. Routine Proceedings, pages S759–S832 No. 114–5); Measures Introduced: Thirteen bills and two reso- Marrakesh Treaty to Facilitate Access to Published lutions were introduced, as follows: S. 2527–2539, S. Works for Persons Who Are Blind, Visually Im- Res. 370, and S. Con. Res. 30. Page S821 paired, or Otherwise Print Disabled (Treaty Doc. Measures Reported: No. 114–6); S. Res. 99, calling on the Government of Iran to U.N. Convention on the Assignment of Receiv- fulfill its promises of assistance in the case of Robert ables in International Trade (Treaty Doc. No. Levinson, the longest held United States civilian in 114–7); our Nation’s history, with an amendment in the na- Beijing Treaty on Audiovisual Performances (Trea- ture of a substitute and with an amended preamble. ty Doc. No. 114–8); S. Res. 330, congratulating the Tunisian National U.N. Convention on Independent Guarantees and Dialogue Quartet for winning the 2015 Nobel Peace Stand-By Letters of Credit (Treaty Doc. No. 114–9); Prize. and S. Res. 361, urging robust funding for humani- Extradition Treaty with the Dominican Republic tarian relief for Syria, with amendments. Page S821 (Treaty Doc. No. 114–10). Measures Passed: The treaties were transmitted to the Senate today, considered as having been read for the first time, and North Korea Sanctions Enforcement Act: By a referred, with accompanying papers, to the Com- unanimous vote of 96 yeas (Vote No. 20), Senate mittee on Foreign Relations and ordered to be print- passed H.R. 757, to improve the enforcement of ed. Pages S830–32 sanctions against the Government of North Korea, after agreeing to the committee amendment in the Nomination Received: Senate received the fol- nature of a substitute. Pages S761–S806 lowing nomination: 1 Coast Guard nomination in the rank of admiral. Conference Reports: Page S832 Trade Facilitation and Trade Enforcement Act— Messages from the House: Page S816 Agreement: A unanimous-consent agreement was reached providing that at approximately 9:30 a.m., Measures Referred: Pages S816–17 on Thursday, February 11, 2016, Senate resume con- Executive Communications: Pages S817–20 sideration of the conference report to accompany H.R. 644, to reauthorize trade facilitation and trade Petitions and Memorials: Pages S820–21 enforcement functions and activities, with the time Executive Reports of Committees: Page S821 until the vote on the motion to invoke cloture on Additional Cosponsors: Pages S821–23 the conference report to accompany the bill, equally divided between the two Leaders, or their designees. Statements on Introduced Bills/Resolutions: Pages S823–27 Page S832 Removal of Injunction of Secrecy: The injunction Additional Statements: Pages S814–16 of secrecy was removed from the following treaties: Amendments Submitted: Pages S827–29 D123

VerDate Sep 11 2014 04:53 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D10FE6.REC D10FEPT1 SSpencer on DSK4SPTVN1PROD with DIGEST D124 CONGRESSIONAL RECORD — DAILY DIGEST February 10, 2016 Authorities for Committees to Meet: Levinson, the longest held United States civilian in Pages S829–30 our Nation’s history, with an amendment in the na- Privileges of the Floor: Page S830 ture of a substitute; S. Res. 361, urging robust funding for humani- Record Votes: One record vote was taken today. tarian relief for Syria, with amendments; and (Total—20) Page S806 S. Res. 330, congratulating the Tunisian National Adjournment: Senate convened at 10 a.m. and ad- Dialogue Quartet for winning the 2015 Nobel Peace journed at 7:02 p.m., until 9:30 a.m. on Thursday, Prize. February 11, 2016. (For Senate’s program, see the remarks of the Majority Leader in today’s Record on U.S. POLICY IN CENTRAL AFRICA page S832.) Committee on Foreign Relations: Committee concluded a hearing to examine United States policy in Central Committee Meetings Africa, focusing on the imperative of good governance, after receiving testimony from Linda Thomas- (Committees not listed did not meet) Greenfield, Assistant Secretary, Bureau of African Affairs, and Thomas Perriello, Special Envoy for the APPROPRIATIONS: AIR FORCE Great Lakes of Africa, both of the Department of Committee on Appropriations: Subcommittee on Depart- State; Roger Meece, former Ambassador and former ment of Defense concluded a hearing to examine United Nations Special Representative to the Demo- proposed budget estimates and justification for fiscal cratic Republic of the Congo, Seattle, Washington; year 2017 for the Air Force, after receiving testi- and Sarah Margon, Human Rights Watch, Wash- mony from Deborah Lee James, Secretary, and Gen- ington, D.C. eral Mark A. Welsh III, Chief of Staff, both of the Air Force, Department of Defense. BUSINESS MEETING WATER RESOURCES DEVELOPMENT ACT Committee on Homeland Security and Governmental Af- fairs: Committee ordered favorably reported the fol- Committee on Environment and Public Works: Com- lowing business items: mittee concluded an oversight hearing to examine S. 2517, to require a report on United States the importance of enacting a new Water Resources strategy to combat terrorist use of social media, with Development Act, after receiving testimony from an amendment; Robert W. Portiss, Tulsa Port of Catoosa, Catoosa, H.R. 1656, to provide for additional resources for Oklahoma; John Swearingen, Marathon Petroleum the Secret Service, and to improve protections for re- Corporation, Findlay, Ohio; Rob Roberson, Nucor stricted areas, with an amendment in the nature of Corporation, Charlotte, North Carolina; Norma Jean a substitute; Mattei, American Society of Civil Engineers, Wash- S. 2509, to improve the Government-wide man- ington, D.C.; and Kyle Makarios, North Central agement of Federal property, with an amendment in States Regional Council of Carpenters, St. Paul, Min- the nature of a substitute; nesota. S. 2522, to amend the Homeland Security Act of BUDGET 2002 to build partnerships to prevent violence by Committee on Finance: extremists, with an amendment; Committee concluded a hearing S. 1526, to amend title 10 and title 41, United to examine the President’s proposed budget request States Code, to improve the manner in which Federal for fiscal year 2017, after receiving testimony from contracts for construction and design services are Jacob J. Lew, Secretary of the Treasury. awarded, to prohibit the use of reverse auctions for BUDGET design and construction services procurements, to Committee on Finance: Committee concluded a hearing amend title 31 and 41, United States Code, to im- to examine the President’s proposed budget request prove the payment protections available to construc- for fiscal year 2017, after receiving testimony from tion contractors, subcontractors, and suppliers for John A. Koskinen, Commissioner, Internal Revenue work performed, with an amendment in the nature Service, Department of the Treasury. of a substitute; S. 236, to amend the Pay-As-You-Go Act of 2010 BUSINESS MEETING to create an expedited procedure to enact rec- Committee on Foreign Relations: Committee ordered fa- ommendations of the Government Accountability vorably reported the following business items: Office for consolidation and elimination to reduce S. Res. 99, calling on the Government of Iran to duplication, with an amendment in the nature of a fulfill its promises of assistance in the case of Robert substitute;

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S. 1411, to amend the Act of August 25, 1958, The nomination of Beth F. Cobert, of California, commonly known as the ‘‘Former Presidents Act of to be Director of the Office of Personnel Manage- 1958’’, with respect to the monetary allowance payment. able to a former President, with an amendment in the nature of a substitute; MENTAL HEALTH AND THE JUSTICE S. 795, to enhance whistleblower protection for SYSTEM contractor and grantee employees, with an amend- Committee on the Judiciary: Committee concluded a ment in the nature of a substitute; hearing to examine mental health and the justice S. 2450, to amend title 5, United States Code, to system, including S. 2002, to strengthen our mental address administrative leave for Federal employees, health system and improve public safety, after receiv- with an amendment in the nature of a substitute; ing testimony from William M. Ward, Minnesota S. 2418, to authorize the Secretary of Homeland Public Defender, Minneapolis; W. David Guice, Security to establish university labs for student-de- North Carolina Department of Public Safety Divi- veloped technology-based solutions for countering sion of Adult Correction and Juvenile Justice, Ra- online recruitment of violent extremists, with an leigh; Susan Pamerleau, Bexar County Sheriff, San amendment in the nature of a substitute; Antonio, Texas; Fred C. Osher, The Council of State S. 2340, to require the Director of the Office of Governments Justice Center, Johns Island, South Management and Budget to issue a directive on the Carolina; and Pete Earley, Fairfax, Virginia. management of software licenses, with an amendment in the nature of a substitute; NEW SCAMS TARGETING SENIORS H.R. 3361, to amend the Homeland Security Act Special Committee on Aging: Committee concluded a of 2002 to establish the Insider Threat Program, hearing to examine a new scam by global drug traf- with an amendment in the nature of a substitute; fickers perpetrated against our nation’s seniors, after S. Res. 104, to express the sense of the Senate re- receiving testimony from Alan Scott Brown, Acting garding the success of Operation Streamline and the Assistant Director for Investigative Programs, Home- importance of prosecuting first time illegal border land Security Investigations, Immigration and Cus- crossers; toms Enforcement, Department of Homeland Secu- An original resolution directing the Senate Legal rity; Jill Steinberg, Senior Counsel to the Deputy Counsel to bring civil action to enforce a subpoena Attorney General, Department of Justice; Andy Mar- of the Permanent Subcommittee on Investigations; tin, Henderson, Nevada; and Daniel Seibert, Green and Valley, Arizona. h House of Representatives Speaker: Read a letter from the Speaker wherein he Chamber Action appointed Representative Jody B. Hice (GA) to act Public Bills and Resolutions Introduced: 18 pub- as Speaker pro tempore for today. Page H653 lic bills, H.R. 4514–4531 and 1 resolution, H. Con. Recess: The House recessed at 10:58 a.m. and re- Res. 114 were introduced. Pages H708–09 convened at 12 noon. Page H659 Additional Cosponsors: Pages H710–11 Suspensions: The House agreed to suspend the rules Report Filed: A report was filed today as follows: and pass the following measure: H. Res. 611, providing for consideration of the Safe Drinking Water Act Improved Compliance bill (H.R. 2017) to amend the Federal Food, Drug, Awareness Act: H.R. 4470, amended, to amend the and Cosmetic Act to improve and clarify certain dis- Safe Drinking Water Act with respect to the re- closure requirements for restaurants and similar retail quirements related to lead in drinking water, by a food establishments, and to amend the authority to 2⁄3 yea-and-nay vote of 416 yeas to 2 nays, Roll No. bring proceedings under section 403A, and pro- 67. Pages H662–68, H676–77 viding for proceedings during the period from Feb- Scientific Research in the National Interest Act: ruary 15, 2016, through February 22, 2016 (H. The House passed H.R. 3293, to provide for greater Rept. 114–421). Page H708 accountability in Federal funding for scientific research, to promote the progress of science in the

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United States that serves that national interest, by a the commemoration of the days of remembrance of recorded vote of 236 ayes to 178 noes, Roll No. 70. victims of the Holocaust. Page H693 Pages H677–90, H690–93 United States-Jordan Defense Cooperation Act: Rejected the Edwards motion to recommit the bill The House agreed to take from the Speaker’s table to the Committee on Science, Space, and Technology and concur in the Senate amendment to H.R. 907, with instructions to report the same back to the to improve defense cooperation between the United House forthwith with amendments, by a recorded States and the Hashemite Kingdom of Jordan. vote of 177 ayes to 241 noes, Roll No. 69. Pages H693–94 Pages H691–92 Agreed to: Judicial Redress Act: The House agreed to take Jackson Lee amendment (No. 3 printed in part B from the Speaker’s table and concur in the Senate of H. Rept. 114–420) that establishes a new objec- amendment to H.R. 1428, to extend Privacy Act tive of the research which would ensure that the re- remedies to citizens of certified states. Page H694 search conducted is consistent with established and Senate Messages: Message from the Senate and mes- widely accepted scientific methods applicable to the sage received from the Senate by the Clerk and sub- field of study of exploration; Pages H685–86 sequently presented to the House today appears on Jackson Lee amendment (No. 4 printed in part B page H662. of H. Rept. 114–420) that establishes a new objec- Senate Referral: S. 2109 was referred to the Com- tive of the research that would ensure that the re- mittee on Transportation and Infrastructure. search conducted is consistent with the definition of Page H707 basic research as it applies to the purpose and field of study; Pages H686–88 Quorum Calls—Votes: Two yea-and-nay votes and DelBene amendment (No. 5 printed in part B of four recorded votes developed during the proceedings H. Rept. 114–420) that clarifies that language in of today and appear on pages H675–76, H676, the bill allowing research to be funded for the devel- H677, H690–91, H692, and H693. There were no opment of an American STEM workforce also in- quorum calls. cludes computer science and information technology Adjournment: The House met at 10 a.m. and ad- sectors; and Pages H688–89 journed at 7:31 p.m. DelBene amendment (No. 6 printed in part B of H. Rept. 114–420) that clarifies that the bill does not impact grant funding that has already been Committee Meetings awarded by the National Science Foundation. Pages H689–90 REVIEW OF THE 2016 AGENDA FOR THE Rejected: COMMODITY FUTURES TRADING Eddie Bernice Johnson (TX) amendment (No. 2 COMMISSION printed in part B of H. Rept. 114–420) that sought Committee on Agriculture: Full Committee held a hear- to replace subsection 2(b), ‘‘Determination’’, to ening to review the 2016 Agenda for the Commodity sure that such determination is consistent with the Futures Trading Commission. Testimony was heard mission of the agency and with the existing merit- from Timothy Massad, Chairman, Commodity Fu- review criteria (by a recorded vote of 181 ayes to tures Trading Commission. 235 noes, Roll No. 68). Pages H684–85, H690–91 H. Res. 609, the rule providing for consideration APPROPRIATIONS—NUCLEAR of the bills (H.R. 3442) and (H.R. 3293) was agreed REGULATORY COMMISSION to by a recorded vote of 236 ayes to 178 noes, Roll No. 66, after the previous question was ordered by Committee on Appropriations: Subcommittee on Energy a yea-and-nay vote of 237 yeas to 180 nays, Roll and Water Development held a budget hearing on No. 65. Pages H668–76 the Nuclear Regulatory Commission. Testimony was heard from Stephen Burns, Chairman, Nuclear Regu- Recess: The House recessed at 4:13 p.m. and recon- latory Commission; Kristine Svinicki, Commissioner, vened at 4:45 p.m. Page H690 Nuclear Regulatory Commission; William Authorizing the use of Emancipation Hall in the Ostendorff, Commissioner, Nuclear Regulatory Com- Capitol Visitor Center: The House agreed to dis- mission; and Jeff Baran, Commissioner, Nuclear charge from committee and agree to H. Con. Res. Regulatory Commission. 111, authorizing the use of Emancipation Hall in the Capitol Visitor Center for a ceremony as part of

VerDate Sep 11 2014 04:53 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D10FE6.REC D10FEPT1 SSpencer on DSK4SPTVN1PROD with DIGEST February 10, 2016 CONGRESSIONAL RECORD — DAILY DIGEST D127 APPROPRIATIONS—COMMODITY FUTURES Wilson, Superintendent, Hartselle City Schools, TRADING COMMISSION Hartselle, Alabama; and public witnesses. Committee on Appropriations: Subcommittee on Agri- culture, Rural Development, Food and Drug Admin- EXAMINING MEDICAID AND CHIP’S istration, and Related Agencies held a budget hear- FEDERAL MEDICAL ASSISTANCE ing on the Commodity Futures Trading Commis- Committee on Energy and Commerce: Subcommittee on sion. Testimony was heard from Timothy Massad, Health held a hearing entitled ‘‘Examining Medicaid Chairman, Commodity Futures Trading Commission. and CHIP’s Federal Medical Assistance’’. Testimony UNDERSTANDING AND DETERRING was heard from John Hagg, Director of Medicaid RUSSIA: U.S. POLICIES AND STRATEGIES Audits, Office of Inspector General, Department of Committee on Armed Services: Full Committee held a Health and Human Services; Alison Mitchell, Health hearing entitled ‘‘Understanding and Deterring Rus- Care Financing Analyst, Congressional Research sia: U.S. Policies and Strategies’’. Testimony was Service; Anne Schwartz, Executive Director, Med- heard from public witnesses. icaid and CHIP Payment and Access Commission; and Carolyn Yocom, Director, Health Care, Govern- RECOMMENDATIONS FROM THE ment Accountability Office. NATIONAL COMMISSION ON THE FUTURE OF THE ARMY INDUSTRY PERSPECTIVES ON THE Committee on Armed Services: Subcommittee on Tac- CONSUMER PRODUCT SAFETY tical Air and Land Forces held a hearing entitled COMMISSION ‘‘Recommendations from the National Commission on the Future of the Army’’. Testimony was heard Committee on Energy and Commerce: Subcommittee on from General Carter Ham, USA (Retired), Chairman, Commerce, Manufacturing, and Trade held a hearing National Commission on the Future of the Army; entitled ‘‘Industry Perspectives on the Consumer and Robert F. Hale, Commissioner, National Com- Product Safety Commission’’. Testimony was heard mission on the Future of the Army. from public witnesses. DEPARTMENT OF DEFENSE COUNTERING WEAPONS OF MASS DESTRUCTION POLICY MISCELLANEOUS MEASURES AND PROGRAMS FOR FISCAL YEAR 2017 Committee on Energy and Commerce: Subcommittee on Committee on Armed Services: Subcommittee on Emerg- Communications and Technology began a markup ing Threats and Capabilities held a hearing entitled on H.R. 2666, the ‘‘No Rate Regulation of ‘‘Department of Defense (DoD) Countering Weapons Broadband Internet Access Act’’; H.R. 1301, the of Mass Destruction (CWMD) Policy and Programs ‘‘Amateur Radio Parity Act of 2015’’; and the for Fiscal Year 2017’’. Testimony was heard from ‘‘Small Business Broadband Deployment Act’’. Arthur T. Hopkins, performing the Duties of the Assistant Secretary of Defense for Nuclear, Chemical, MISCELLANEOUS MEASURES and Biological Defense Programs; Kenneth A. Committee on Energy and Commerce: Subcommittee on Myers, Director, Defense Threat Reduction Agency Energy and Power began a markup on H.R. 3021, and U.S. Strategic Command Center for Combating the ‘‘AIR Survey Act of 2015’’; H.R. 3797, the Weapons of Mass Destruction (SCC–MD); and ‘‘Satisfying Energy Needs and Saving the Environ- Wendin D. Smith, Deputy Assistant Secretary of ment (SENSE) Act’’; the ‘‘Blocking Regulatory In- Defense for Countering Weapons of Mass Destruc- terference from Closing Kilns (BRICK) Act’’; H.R. tion. 4444, the ‘‘EPS Improvement Act’’; H.R. 2984, the NEXT STEPS FOR K–12 EDUCATION: ‘‘Fair RATES Act’’; H.R. 4427, to amend section IMPLEMENTING THE PROMISE TO RESTORE 203 of the Federal Power Act; H.R. 4238, to amend STATE AND LOCAL CONTROL the Department of Energy Organization Act and the Committee on Education and the Workforce: Sub- Local Public Works Capital Development and In- committee on Early Childhood, Elementary, and Sec- vestment Act of 1976 to modernize terms relating ondary Education held a hearing entitled ‘‘Next to minorities; H.R. 2080, to reinstate and extend Steps for K–12 Education: Implementing the Prom- the deadline for commencement of construction of a ise to Restore State and Local Control’’. Testimony hydroelectric project involving Clark Canyon Dam; was heard from Joy Hofmeister, Superintendent of H.R. 2081, to extend the deadline for commence- Public Instruction, Oklahoma State Department of ment of construction of a hydroelectric project in- Education, Oklahoma City, Oklahoma; Paul ‘Vic’ volving the Gibson Dam; H.R. 3447, to extend the

VerDate Sep 11 2014 07:47 Jun 09, 2016 Jkt 049060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\RECORD16\FEB2016\D10FE6.REC D10FE6 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D128 CONGRESSIONAL RECORD — DAILY DIGEST February 10, 2016 deadline for commencement of construction of a hy- Hillary Batjer Johnson, Deputy Coordinator, Home- droelectric project; H.R. 4416, to extend the dead- land Security, Screening, and Designations, Bureau line for commencement of construction of a hydro- of Counterterrorism, Department of State. electric project; and H.R. 4434, to extend the deadline for commencement of construction of a hydro- THE COSTLY IMPACTS OF PREDATION electric project. AND CONFLICTING FEDERAL STATUTES MONETARY POLICY AND THE STATE OF ON NATIVE AND ENDANGERED FISH THE ECONOMY SPECIES Committee on Financial Services: Full Committee held Committee on Natural Resources: Subcommittee on a hearing entitled ‘‘Monetary Policy and the State of Water, Power and Oceans held a hearing entitled the Economy’’. Testimony was heard from Janet ‘‘The Costly Impacts of Predation and Conflicting Yellen, Chair, Board of Governors of the Federal Re- Federal Statutes on Native and Endangered Fish Spe- serve System. cies’’. Testimony was heard from Will Stelle, Re- gional Administrator, West Coast Region, National FROM IRAQ AND SYRIA TO LIBYA AND Marine Fisheries Service; and public witnesses. BEYOND: THE EVOLVING ISIL THREAT Committee on Foreign Affairs: Full Committee held a THE PRESIDENT’S WAIVER OF hearing entitled ‘‘From Iraq and Syria to Libya and RESTRICTIONS ON THE VISA WAIVER Beyond: The Evolving ISIL Threat’’. Testimony was PROGRAM heard from Brett McGurk, Special Presidential Committee on Oversight and Government Reform: Sub- Envoy for the Global Coalition to Counter ISIL, De- committee on National Security; and Subcommittee partment of State. on Government Operations, held a joint hearing en- THE GLOBAL ZIKA EPIDEMIC titled ‘‘The President’s Waiver of Restrictions on the Visa Waiver Program’’. Testimony was heard from Committee on Foreign Affairs: Subcommittee on Africa, R. Gil Kerlikowske, Commissioner, Customs and Global Health, Global Human Rights, and Inter- Border Protection, Department of Homeland Secu- national Organizations; and Subcommittee on the rity; Hilary Batjer Johnson, Deputy Coordinator for Western Hemisphere, held a joint hearing entitled Homeland Security, Screening, and Designations, ‘‘The Global Zika Epidemic’’. Testimony was heard Bureau of Counterterrorism, Department of State; from Tom Frieden, M.D., Director, Centers for Dis- and public witnesses. ease Control and Prevention, Department of Health and Human Services; Anthony S. Fauci, M.D., Di- COMMON SENSE NUTRITION DISCLOSURE rector, National Institute of Allergy and Infectious ACT OF 2015 Diseases, National Institutes of Health, Department of Health and Human Services; and Ariel Pablos- Committee on Rules: Full Committee held a hearing on Mendez, M.D., Assistant Administrator, Bureau for H.R. 2017, the ‘‘Common Sense Nutrition Disclo- Global Health, U.S. Agency for International Devel- sure Act of 2015’’. The committee granted, by voice opment. vote, a structured rule for H.R. 2017. The rule provides one hour of general debate equally divided and AFTER SAN BERNARDINO: THE FUTURE controlled by the chair and ranking minority mem- OF ISIS-INSPIRED ATTACKS ber of the Committee on Energy and Commerce. Committee on Foreign Affairs: Subcommittee on Ter- The rule waives all points of order against consider- rorism, Nonproliferation, and Trade held a hearing ation of the bill. The rule makes in order as original entitled ‘‘After San Bernardino: The Future of ISIS- text for the purpose of amendment the amendment inspired Attacks’’. Testimony was heard from public in the nature of a substitute recommended by the witnesses. Committee on Energy and Commerce now printed in the bill and provides that it shall be considered NATIONAL SECURITY AND LAW as read. The rule waives all points of order against ENFORCEMENT: BREAKING THE NEW VISA that amendment in the nature of a substitute. The WAIVER LAW TO APPEASE IRAN rule makes in order only those further amendments Committee on Homeland Security: Full Committee held printed in the Rules Committee report. Each such a hearing entitled ‘‘National Security and Law En- amendment may be offered only in the order printed forcement: Breaking the New Visa Waiver Law to in the report, may be offered only by a Member des- Appease Iran’’. Testimony was heard from R. Gil ignated in the report, shall be considered as read, Kerlikowske, Commissioner, Customs and Border shall be debatable for the time specified in the re- Protection, Department of Homeland Security; and port equally divided and controlled by the proponent

VerDate Sep 11 2014 04:53 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D10FE6.REC D10FEPT1 SSpencer on DSK4SPTVN1PROD with DIGEST February 10, 2016 CONGRESSIONAL RECORD — DAILY DIGEST D129 and an opponent, shall not be subject to amend- U.S. DEPARTMENT OF VETERANS AFFAIRS ment, and shall not be subject to a demand for divi- BUDGET REQUEST FOR FISCAL YEAR 2017 sion of the question. The rule waives all points of Committee on Veterans’ Affairs: Full Committee held a order against the amendments printed in the report. hearing entitled ‘‘U.S. Department of Veterans Af- The rule provides one motion to recommit with or fairs Budget Request for Fiscal Year 2017’’. Testi- without instructions. In section 2, the rule provides mony was heard from Robert A. McDonald, Sec- that on any legislative day during the period from retary, Department of Veterans Affairs. February 15, 2016, through February 22, 2016: the Journal of the proceedings of the previous day shall A REVIEW OF VA’S LOAN GUARANTY AND be considered as approved; and the Chair may at any SPECIALLY ADAPTIVE HOUSING GRANT time declare the House adjourned to meet at a date PROGRAMS and time to be announced by the Chair in declaring the adjournment. In section 3, the rule provides that Committee on Veterans’ Affairs: Subcommittee on Eco- the Speaker may appoint Members to perform the nomic Opportunity held a hearing entitled ‘‘A Re- duties of the Chair for the duration of the period ad- view of VA’s Loan Guaranty and Specially Adaptive dressed by section 2. Finally, in section 4, the rule Housing Grant Programs (SAH)’’. Testimony was provides that the Committee on the Judiciary may, heard from Mike Frueh, Director, Loan Guaranty at any time before 5 p.m. on Tuesday, February 16, Service, Veterans Benefits Administration, Depart- 2016, file a report to accompany H.R. 3624. Testi- ment of Veterans Affairs; and public witnesses. mony was heard from Representatives McMorris Rodgers and Pallone. DEPARTMENT OF HEALTH AND HUMAN SERVICES’ FISCAL YEAR 2017 BUDGET MIDNIGHT REGULATIONS: EXAMINING REQUEST EXECUTIVE BRANCH OVERREACH Committee on Ways and Means: Full Committee held Committee on Science, Space, and Technology: Full Com- a hearing on the Department of Health and Human mittee held a hearing entitled ‘‘Midnight Regula- Services’ (HHS) Fiscal Year 2017 Budget Request. tions: Examining Executive Branch Overreach’’. Tes- Testimony was heard from Sylvia Burwell, Secretary, timony was heard from public witnesses. Department of Health and Human Services. EXPORT CONTROL REFORM: CHALLENGES Joint Meetings FOR SMALL BUSINESS? PART I No joint committee meetings were held. Committee on Small Business: Subcommittee on Agri- culture, Energy and Trade held a hearing entitled f ‘‘Export Control Reform: Challenges for Small Busi- NEW PUBLIC LAWS ness? (Part I)’’. Testimony was heard from public (For last listing of Public Laws, see DAILY DIGEST, p. D79) witnesses. H.R. 515, to protect children and others from OVERSIGHT OF THE OFFICE OF ADVOCACY sexual abuse and exploitation, including sex traf- AND THE OFFICE OF THE NATIONAL ficking and sex tourism, by providing advance notice OMBUDSMAN AT THE SBA of intended travel by registered sex offenders outside the United States to the government of the country Committee on Small Business: Subcommittee on Inves- of destination, requesting foreign governments to no- tigations, Oversight and Regulations held a hearing tify the United States when a known sex offender is entitled ‘‘Oversight of the Office of Advocacy and seeking to enter the United States. Signed on Feb- the Office of the National Ombudsman at the SBA’’. ruary 8, 2016. (Public Law 114–119) Testimony was heard from Darryl L. DePriest, Chief H.R. 4188, to authorize appropriations for the Counsel for Advocacy, Small Business Administra- Coast Guard for fiscal years 2016 and 2017. Signed tion; and Rear Admiral Earl L. Gay, USN (Retired), on February 8, 2016. (Public Law 114–120) Small Business and Agriculture Regulatory Enforce- S. 2152, to establish a comprehensive United ment Ombudsman, Small Business Administration. States Government policy to encourage the efforts of countries in sub-Saharan Africa to develop an appro- REVIEW OF ATC REFORM PROPOSALS priate mix of power solutions, including renewable Committee on Transportation and Infrastructure: Full energy, for more broadly distributed electricity access Committee held a hearing entitled ‘‘Review of ATC in order to support poverty reduction, promote de- Reform Proposals’’. Testimony was heard from pub- velopment outcomes, and drive economic growth. lic witnesses. Signed on February 8, 2016. (Public Law 114–121)

VerDate Sep 11 2014 04:53 Feb 11, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D10FE6.REC D10FEPT1 SSpencer on DSK4SPTVN1PROD with DIGEST D130 CONGRESSIONAL RECORD — DAILY DIGEST February 10, 2016 COMMITTEE MEETINGS FOR THURSDAY, Agency’s actions on the rural economy, 10 a.m., 1300 FEBRUARY 11, 2016 Longworth. Subcommittee on Livestock and Foreign Agriculture, (Committee meetings are open unless otherwise indicated) hearing entitled ‘‘Foot and Mouth Disease: Are We Pre- pared?’’, 2 p.m., 1300 Longworth. Senate Committee on Appropriations, Subcommittee on Financial Services and General Government, budget hearing on the Committee on Appropriations: Subcommittee on Depart- Internal Revenue Service, 10 a.m., 2359 Rayburn. ments of Labor, Health and Human Services, and Edu- Subcommittee on State, Foreign Operations, and Re- cation, and Related Agencies, to hold hearings to examine lated Programs, oversight hearing entitled ‘‘U.S. Engage- emerging health threats and the Zika supplemental re- ment in Central America’’, 10 a.m., B–308 Rayburn. quest, 10 a.m., SD–138. Subcommittee on Agriculture, Rural Development, Committee on Armed Services: to hold hearings to examine Food and Drug Administration, and Related Agencies, the National Commission on the Future of the United budget hearing on Office of the Secretary, Department of States Army in review of the Defense Authorization Re- quest for Fiscal Year 2017 and the Future Years Defense Agriculture, 10:30 a.m., 2362–A Rayburn. Program, 10 a.m., SD–G50. Subcommittee on Energy and Water Development, Committee on Banking, Housing, and Urban Affairs: to budget hearing on Bureau of Reclamation, 1:30 p.m., hold hearings to examine the semiannual Monetary Policy 2362–B Rayburn. Report to the Congress, 10 a.m., SD–538. Committee on Armed Services, Subcommittee on Strategic Committee on Finance: to hold hearings to examine the Forces, hearing entitled ‘‘Fiscal Year 2017 Budget Re- President’s proposed budget request for fiscal year 2017, quest for Atomic Energy Defense Activities’’, 2 p.m., 10 a.m., SD–215. 2118 Rayburn. Committee on Foreign Relations: to hold hearings to exam- Subcommittee on Seapower and Projection Forces, ine the nominations of Karen Brevard Stewart, of Florida, hearing entitled ‘‘Carrier Air Wing and the Future of to be Ambassador to the Republic of the Marshall Is- Naval Aviation’’, 3:30 p.m., 2212 Rayburn. lands, Robert Annan Riley III, of Florida, to be Ambas- Committee on Energy and Commerce, Subcommittee on sador to the Federated States of Micronesia, and Matthew Communications and Technology, markup on H.R. 2666, John Matthews, of Oregon, for the rank of Ambassador the ‘‘No Rate Regulation of Broadband Internet Access during his tenure of service as United States Senior Offi- Act’’; H.R. 1301, the ‘‘Amateur Radio Parity Act of cial for the Asia-Pacific Economic Cooperation (APEC) 2015’’; and the ‘‘Small Business Broadband Deployment Forum, all of the Department of State, Swati A. Act’’ (continued), 10 a.m., 2123 Rayburn. Dandekar, of Iowa, to be United States Director of the Subcommittee on Energy and Power, markup on H.R. Asian Development Bank, and Marcela Escobari, of Mas- 3021, the ‘‘AIR Survey Act of 2015’’; H.R. 3797, the sachusetts, to be an Assistant Administrator of the ‘‘Satisfying Energy Needs and Saving the Environment United States Agency for International Development, (SENSE) Act’’; the ‘‘Blocking Regulatory Interference 10:15 a.m., SD–419. from Closing Kilns (BRICK) Act’’; H.R. 4444, the ‘‘EPS Committee on Homeland Security and Governmental Affairs: Improvement Act’’; H.R. 2984, the ‘‘Fair RATES Act’’; Subcommittee on Regulatory Affairs and Federal Manage- H.R. 4427, to amend section 203 of the Federal Power ment, to hold hearings to examine agency discretion in Act; H.R. 4238, to amend the Department of Energy Or- setting and enforcing regulatory fines and penalties, 9:30 ganization Act and the Local Public Works Capital De- a.m., SD–342. velopment and Investment Act of 1976 to modernize Committee on the Judiciary: business meeting to consider terms relating to minorities; H.R. 2080, to reinstate and S. 247, to amend section 349 of the Immigration and Nationality Act to deem specified activities in support of extend the deadline for commencement of construction of terrorism as renunciation of United States nationality, S. a hydroelectric project involving Clark Canyon Dam; 483, to improve enforcement efforts related to prescrip- H.R. 2081, to extend the deadline for commencement of tion drug diversion and abuse, S. 524, to authorize the construction of a hydroelectric project involving the Gib- Attorney General to award grants to address the national son Dam; H.R. 3447, to extend the deadline for com- epidemics of prescription opioid abuse and heroin use, mencement of construction of a hydroelectric project; and the nominations of Elizabeth J. Drake, of Maryland, H.R. 4416, to extend the deadline for commencement of Jennifer Choe Groves, of Virginia, and Gary Stephen construction of a hydroelectric project; and H.R. 4434, to Katzmann, of Massachusetts, each to be a Judge of the extend the deadline for commencement of construction of United States Court of International Trade, 10 a.m., a hydroelectric project (continued), 11 a.m., 2123 Ray- SD–226. burn. Select Committee on Intelligence: to hold closed hearings to Committee on Financial Services, Subcommittee on Hous- examine certain intelligence matters, 2:30 p.m., SH–219. ing and Insurance, hearing entitled ‘‘The Future of Hous- ing in America: Examining the Health of the Federal House Housing Administration’’, 9:30 a.m., 2128 Rayburn. Committee on Agriculture, Full Committee, hearing to consider the impacts of the Environmental Protection

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Subcommittee on Financial Institutions and Consumer tlefield Designation Act’’; H.R. 295, to reauthorize the Credit, hearing entitled ‘‘Short-Term, Small Dollar Lend- Historically Black Colleges and Universities Historic ing: The CFPB’s Assault on Access to Credit and Tram- Preservation program; H.R. 1621, to modify the bound- pling of State and Tribal Sovereignty’’, 1 p.m., 2128 ary of Petersburg National Battlefield in the Common- Rayburn. wealth of Virginia, and for other purposes; and H.R. Committee on Foreign Affairs, Full Committee, hearing 2817, the ‘‘National Historic Preservation Amendments entitled ‘‘Iran Nuclear Deal Oversight: Implementation Act of 2015’’, 10 a.m., 1324 Longworth. and Its Consequences’’, 10 a.m., 2172 Rayburn. Committee on Oversight and Government Reform, Full Com- Subcommittee on the Middle East and North Africa, mittee, hearing entitled ‘‘IRS: Reviewing Its Legal Obli- markup on H. Res. 148, calling on the government of gations, Document Preservation, and Data Security’’, 1 Iran to fulfill their promises of assistance in this case of p.m., 2154 Rayburn. Robert Levinson, the longest held United States civilian Committee on Science, Space, and Technology, Full Com- in our Nation’s history; hearing entitled ‘‘Jordan: A Key mittee, markup on H.R. 4489, the ‘‘FAA Leadership In U.S. Partner’’, 1:45 p.m., 2172 Rayburn. Groundbreaking High-Tech Research and Development Subcommittee on Asia and the Pacific, hearing entitled Act’’, 1 p.m., 2318 Rayburn. ‘‘The Future of U.S.-Taiwan Relations’’, 2 p.m., 2200 Committee on Small Business, Full Committee, hearing Rayburn. entitled ‘‘Export Control Reform: Challenges for Small Committee on Homeland Security, Subcommittee on Business? (Part II)’’, 10 a.m., 2360 Rayburn. Counterterrorism and Intelligence, hearing entitled ‘‘The Committee on Transportation and Infrastructure, Full Com- Future of Iranian Terror and Its Threat to the US Home- mittee, markup on Fiscal Year 2017 Budget Views and land’’, 10 a.m., 311 Cannon. Estimates of the Committee on Transportation and Infra- Subcommittee on Emergency Preparedness, Response, structure; H.R. 4441, the ‘‘Aviation Innovation, Reform, and Communications, hearing entitled ‘‘Improving the and Reauthorization Act’’; and other matters cleared for Department of Homeland Security’s Biological Detection consideration, 10 a.m., 2167 Rayburn. and Surveillance Programs’’, 2 p.m., 311 Cannon. Committee on Veterans’ Affairs, Subcommittee on Health, Committee on the Judiciary, Full Committee, markup on hearing entitled ‘‘Choice Consolidation: Improving VA H.R. 759, the ‘‘Recidivism Risk Reduction Act’’; and H.R. 2947, the ‘‘Financial Institution Bankruptcy Act of Community Care Billing and Reimbursement’’, 10 a.m., 2015’’, 10 a.m., 2141 Rayburn. 334 Cannon. Full Committee, hearing entitled ‘‘Is the Investor Visa Committee on Ways and Means, Full Committee, hearing Program an Underperforming Asset?’’, 2 p.m., 2141 Ray- on President Obama’s budget proposals for fiscal year burn. 2017, 10 a.m., 1100 Longworth. Subcommittee on Courts, Intellectual Property, and the Internet, hearing entitled ‘‘Resolving Issues with Con- Joint Meetings fiscated Property in Cuba, Havana Club Rum and Other Commission on Security and Cooperation in Europe: to hold Property’’, 5 p.m., 2141 Rayburn. hearings to examine an update on the Organization for Committee on Natural Resources, Subcommittee on Federal Security and Co-operation in Europe, focusing on reli- Lands, hearing on H.R. 87, the ‘‘Shiloh National Military gious freedom, anti-Semitism, and rule of law, 1 p.m., Park Boundary Adjustment and Parker’s Crossroads Bat- HVC–210.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, February 11 10 a.m., Thursday, February 11

Senate Chamber House Chamber Program for Thursday: Senate will resume consideration Program for Thursday: Consideration of H.R. 3442— of the conference report to accompany H.R. 644, Trade Debt Management and Fiscal Responsibility Act (Subject Facilitation and Trade Enforcement Act, and vote on the to a Rule). motion to invoke cloture on the conference report to accompany the bill, at approximately 10:30 a.m.

Extensions of Remarks, as inserted in this issue

HOUSE Dingell, Debbie, Mich., E158 Miller, Jeff, Fla., E159 Forbes, J. Randy, Va., E157 Neal, Richard E., Mass., E157 Buck, Ken, Colo., E157, E158 Green, Gene, Tex., E156 Newhouse, Dan, Wash., E160 Coffman, Mike, Colo., E156 Hanna, Richard L., N.Y., E160 Riggell, E. Scott, Va., E155 Collins, Chris, N.Y., E160 Huffman, Jared, Calif., E155 Sablan, Gregorio Kilili Camacho, Northern Mariana Cook, Paul, Calif., E160 Long, Billy, Mo., E156, E157 Islands, E159 Crowley, Joseph, N.Y., E155, E161 Luetkemeyer, Blaine, Mo., E156, E156, E157, E158, Webster, Daniel, Fla., E159 DesJarlais, Scott, Tenn., E158 E158 Young, David, Iowa, E157, E160

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