1584 EXTENSIONS OF REMARKS, Vol. 162, Pt. 2 February 9, 2016 Ms. Campbell has been focused intently on MOURNING THE LOSS AND HON- IN RECOGNITION OF OUR STELLAR improving access to legislative proceedings. ORING THE UNFORGETTABLE SCHOOL BOARD MEMBERS She aided in the transition of where transcripts LIFE OF MAURICE WHITE and details of legislative proceedings could be found: from only being available through a Li- HON. PETE OLSON brary of Congress database, with a limited HON. SHEILA JACKSON LEE OF TEXAS range of users, to their availability on the inter- OF TEXAS net through the THOMAS website, which ev- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES eryone can access. Ms. Campbell’s knowl- Tuesday, February 9, 2016 Tuesday, February 9, 2016 edge was invaluable during the recent transi- tion to the more modern Congress.gov. Ms. JACKSON LEE. Mr. Speaker, it is with Mr. OLSON. Mr. Speaker, I rise today to Ms. Campbell has been instrumental at in- a deep sadness and a heavy heart that I rise recognize the hard working School Board creasing legislative transparency and moving today to pay tribute to Maurice White, a man members of Pearland Independent School Congress into the digital age. The services who touched the hearts of millions of Ameri- District. she helped develop are invaluable to Con- cans as a founding member of the legendary gress, the public, and our democracy. The band called Earth, Wind & Fire. Our school board members of Pearland ISD in the 22nd Congressional District of Texas work of her unit, particularly on bill status in- Maurice ‘‘Reese’’ White was born on De- play a critical role in the success of our formation, has vastly increased accessibility to cember 19, 1941, in Memphis, Tennessee. schools. Our district is the most diverse and the legislative database as well as documenta- From a young age he displayed a true talent tion. Her keen attention to detail has been fastest growing congressional district in Amer- for playing music. ica, due largely in part to the hardworking and largely responsible for the high quality of work He left Memphis to study music in Chicago the Library and CRS’s legislative service pro- caring educators and school board members at the elite Chicago Conservatory of Music. that dedicate their time and energy on our vides. In 1963, Maurice White began working as a Throughout her career, Ms. Campbell’s schools; ensuring that our children can session drummer for Chess Records. Soon thoughtfulness and positive attitude have achieve whatever they set their mind to. Our after, he began playing with the Ramsey earned her the respect and confidence of school board members were elected or hired Lewis Trio. In 1969, he formed his own band, countless Congressional and CRS staff. As a to be the caretakers of the American Dream— the Salty Peppers. After moving to Los Ange- manager responsible for much of what makes any child can be anything they want—if they les, California, Maurice White renamed the complex information not merely reliable but receive the education that will give them the band as Earth, Wind & Fire. He asked his understandable, she has always demonstrated necessary tools to achieve their dream. Our younger brother, bassist Verdine White, to join a passion for teamwork, learning, and prob- schools are stronger because each of them his band. The band’s first album failed to be- lem-solving. embrace the challenge. come a break out hit, which prompted Maurice Although Ms. Campbell will be retiring, her On behalf of the Twenty-Second Congres- White to shuffle the membership. Maurice many accomplishments will stand as a fitting sional District of Texas, thank you again to White brought in several new members that tribute to her as a professional and as a pa- Pearland ISD for being Super-Heroes in devel- included singer Philip Bailey, keyboardist Larry triot. Ms. Campbell’s presence will be greatly oping our leaders of tomorrow. Dunn, and guitarist Al McKay. The band missed. On behalf of this House, I congratu- began experimenting with jazz, R&B, funk, late Juanita Campbell on her retirement and f soul, pop music, and African sounds. thank her for her dedication and outstanding contributions to the institution. I wish her the Then in 1973, with the new band members IN RECOGNITION OF OUR STELLAR best in all her future endeavors. and a new sound, Earth, Wind & Fire released SCHOOL BOARD MEMBERS their first hit album titled Head to the Sky, sell- f ing more than 500,000 copies. The group con- IN RECOGNITION OF OUR STELLAR tinued to build on that success by producing a HON. PETE OLSON SCHOOL BOARD MEMBERS succession of gold and platinum albums throughout the 1970s and the early 1980s. OF TEXAS HON. PETE OLSON Maurice White helped compose many of the IN THE HOUSE OF REPRESENTATIVES band’s hits and the songs that helped define OF TEXAS the decade: ‘‘Shining Star,’’ ‘‘That’s the Way of Tuesday, February 9, 2016 IN THE HOUSE OF REPRESENTATIVES the World,’’ ‘‘Reasons,’’ ‘‘September,’’ and Mr. OLSON. Mr. Speaker, I rise today to Tuesday, February 9, 2016 ‘‘Let’s Groove.’’ Maurice White won six recognize the hard working School Board Grammys with Earth, Wind & Fire, and re- Mr. OLSON. Mr. Speaker, I rise today to members of Fort Bend Independent School ceived a solo award for his arrangement of recognize the hard working School Board District. members of Katy Independent School District. ‘‘Got To Get You Into My Life.’’ Maurice White Our school board members of Katy ISD in and Earth Wind & Fire were inducted into the Our school board members of Fort Bend the 22nd Congressional District of Texas play Rock and Roll Hall of Fame in 2000. ISD in the 22nd Congressional District of a critical role in the success of our schools. Also, in 2000, Maurice White revealed to the Texas play a critical role in the success of our Our district is the most diverse and fastest world that he had been diagnosed with Parkin- schools. Our district is the most diverse and growing congressional district in America, due son’s disease. This announcement served as fastest growing congressional district in Amer- largely in part to the hard-working and caring an explanation to his legion of loyal fans ica, due largely in part to the hardworking and educators and school board members that around the world for his decision to withdraw caring educators and school board members dedicate their time and energy on our schools; from performing. Despite the effects of his that dedicate their time and energy on our ensuring that our children can achieve what- health condition, Maurice White decided to re- schools; ensuring that our children can ever they set their mind to. Our school board main active in the Music industry by founding achieve whatever they set their mind to. Our members were elected or hired to be the care- a new recording label called Kalimba Records. school board members were elected or hired takers of the American Dream—any child can He also collaborated on Hot Feet, which was to be the caretakers of the American Dream— be anything they want—if they receive the a musical set to Earth, Wind & Fire songs. any child can be anything they want—if they education that will give them the necessary Then in 2010, Maurice White was inducted receive the education that will give them the tools to achieve their dream. Our schools are into the Songwriters Hall of Fame. After a long necessary tools to achieve their dream. Our stronger because each of them embrace the battle with Parkinson’s disease, Maurice White schools are stronger because each of them challenge. passed away in his sleep on February 3, 2016 embrace the challenge. On behalf of the Twenty-Second Congres- in Los Angeles, California. Mr. Speaker, Mau- On behalf of the Twenty-Second Congres- sional District of Texas, thank you again to rice White leaves behind a legacy as one of sional District of Texas, thank you again to Katy ISD for being Super-Heroes in devel- the most innovative and unique artists and Fort Bend ISD for being Super-Heroes in de- oping our leaders of tomorrow. songwriters of the 21st century. veloping our leaders of tomorrow.

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The Senate met at 10 a.m. and was the Supreme Court itself directed the There is an international consensus called to order by the President pro Environmental Protection Agency to that North Korea’s actions violate tempore (Mr. HATCH). address climate change if carbon pollu- international law and threaten our al- f tion was found to be a danger to human lies and partners in the region. Here in health. Based on enormous scientific the Capitol there is also broad bipar- PRAYER evidence, the EPA did make that find- tisan agreement that there must be The Chaplain, Dr. Barry C. Black, of- ing and the Agency is required by law consequences for North Korea’s provo- fered the following prayer: to regulate carbon pollution. I can’t cations. The House of Representatives Let us pray. imagine that the Supreme Court would overwhelmingly passed new sanctions Eternal God, glorious in strength and take such an unprecedented and drastic legislation. Now the Senate must act. marvelous in majesty, we ascribe to step at this time. But the unparalleled We need to do it today. Two weeks ago You the glory due Your Name. You nature of the Supreme Court’s deci- the Senate Foreign Relations Com- have elevated this Nation and sus- sions show why Congress must play a mittee unanimously approved the sanc- tained it through its history. Keep us role in addressing climate change. tions bill that is now before this body. from forgetting that righteousness ex- Climate-denying Republicans in the This legislation would require the alts, but sin destroys. House and Senate might applaud this President to investigate and sanction Lord, infuse our Senators with the decision, but their refusal to protect any person who knowingly imports spirit of humility, enabling them to Americans from the impact of climate into North Korea certain goods, tech- refuse to become legends in their own change is the real loss for our country. nologies, service, training or advice minds. May they cultivate esteem for f concerning weapons of mass destruc- others, seeking for opportunities to tion. It also directs the President to in- NORTH KOREA SANCTIONS practice the Golden Rule: Do unto oth- vestigate and sanction people who en- LEGISLATION ers as you would have them do unto gage in human rights abuses, money you. As they work to find common Mr. REID. Mr. President, there is no laundering and related activities, and ground, give them Your wisdom and nation on this planet more dedicated cyber terrorism or other cyber van- peace. to fear and intimidation than North dalism. We pray in Your strong Name. Amen. Korea. Its leader Kim Jong Un is a bru- In addition, the legislation author- f tal dictator. He will stop at nothing to izes $15 million to transmit radio PLEDGE OF ALLEGIANCE keep his power intact and his people broadcasts to North Korea for the next isolated. That has been proven. 5 years. These are commonsense steps The President pro tempore led the To accomplish these objectives, the that Congress should take in response Pledge of Allegiance, as follows: North Korean Government relies on to North Korea’s unwarranted provo- I pledge allegiance to the Flag of the threats to Japan and other neighbors cation. Everyone in the Senate agrees United States of America, and to the Repub- and, of course, the United States. Re- lic for which it stands, one nation under God, that North Korea’s aggression cannot indivisible, with liberty and justice for all. cently, the number of alarming devel- go unanswered. Its actions threaten opments out of North Korea has accel- the peace and security of the region f erated. These acts of aggression are ex- and, actually, the world. I hope my col- RECOGNITION OF THE MINORITY tremely concerning to the American leagues will join with me in passing LEADER community, as they should be. this legislation today to send a mes- The PRESIDING OFFICER (Mr. COT- Last Saturday, North Korea defied sage to Kim Jong Un that his reckless TON). The Democratic leader is recog- international warnings and launched a behavior will not go unanswered. nized. rocket using ballistic missile tech- f f nology. This was a flagrant violation of multiple United Nations Security TRIBUTE TO ED PESCE CLEAN POWER PLAN Council resolutions. This came less Mr. REID. Mr. President, I so admire Mr. REID. Mr. President, I was dis- than a month after North Korea deto- the family we have here in the Senate. appointed last night to learn that the nated a nuclear device, also in clear Many people work ceaselessly to make Supreme Court temporarily halted the violation of international law. sure the Senate runs well. In the Sen- implementation of President Obama’s That brings us to yesterday, when ate Periodical Press Gallery, a small Clean Power Plan program. This was the U.S. Director of National Intel- group of nonpartisan staffers helps the an especially stunning move by the Su- ligence, James Clapper, confirmed that congressional press office to work to- preme Court, given that just weeks ago North Korea has restarted a plutonium gether with the communications staff the DC Circuit Court of Appeals cat- reactor. The Director estimated that of Senators and their committees. egorically rejected a halt in the Clean North Korea would be able to recover Their fingerprints can be found on Power Plan and States do not need to fuel from its reactor within a matter of nearly every part of the Senate’s busi- start implementing the plan until 2022. weeks or months. ness. This shortsighted decision by the The international community quick- The Senate Periodical Press Gallery Court’s five conservative Justices is an ly condemned these incidents, as it facilitates key parts of Senate busi- unfortunate setback. It unnecessarily should have. President Obama has been ness, including press access, print and puts into question a major part of our a leader in pushing back against the digital media planning, security proto- country’s effort to address climate saber-rattling from North Korea. He cols, and communications across hun- change and protect our environment. has worked to galvanize the world in dreds of thousands of media platforms. Notwithstanding my amazement, I re- opposing North Korea’s provocative For over 15 years, one man has been at main confident that the Obama admin- and destabilizing behavior. Under the the helm of this exceptionally fine istration’s carbon rules are legally President’s leadership, the United team. His name is Ed Pesce. After sound and will prevail in the courts. States has built a global coalition, in- graduating from Loyola University in In the landmark case Massachusetts cluding China and Russia, to impose 1990, Ed began working in the Senate v. Environmental Protection Agency, sanctions against North Korea. Periodical Press Gallery. During his 26

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

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We ensured the Senate Periodical Press thousands of Senate staffers and con- thought Governors should know they Gallery was not left behind. He created gressional reporters. It necessitated could take a wait-and-see approach be- the first Web site for the Senate Peri- many long hours and plenty of late fore locking their States into some odical Press Gallery way back in 1999 nights. It presented ample amounts of massive regulatory scheme. We and developed a social media commu- tense situations as well. thought Governors should know the nications program since then. But Ed never lost his good attitude economic jeopardy they would place Ed has been a trailblazer in the news or his boisterous laugh. Just ask his their States in by moving ahead with- industry and a principal leader here in staff. ‘‘Fun-loving,’’ ‘‘thoughtful,’’ out a clearer understanding first of the Senate. He has served under 11 Ser- ‘‘tough, but fair’’—that is how people what might be legally required. We geants at Arms. During countless his- who work closest with Ed describe him. thought Governors should not feel toric achievements here in the Senate, At 6 feet 2 inches, Ed Pesce is hard to bullied by the heavy hand of this ad- he has seen so much. When asked what miss, but I know he will be missed here ministration. That cautious approach they will miss most, Ed’s coworkers re- in the Senate when he leaves. He took was the most responsible one, in my call his infectious laughter and dedica- on a tough job with a great attitude. view. Yesterday’s decision shows it was tion to team building. He gained a lot of fans. It is a legacy a prudent one as well. We will see what Last year, Ed announced that he that anyone could be proud of. I think the Supreme Court ultimately decides, would retire after more than two dec- I can speak for my colleagues when I but we are going to keep fighting ades of service. I congratulate him for say that we thank Ed for his many against these regressive regulations re- his many dedicated years of remark- years of service. We send him our best, gardless. It is worth remembering how we got able service. I wish Ed and John, his and we look forward to seeing what he here in the first place. President husband, all the best in the years to will be able to accomplish in the next Obama tried to push a regressive, anti- come. On behalf of my colleagues, our chapter of his life. middle class energy tax through a staff, and the entire congressional com- f Democratic-controlled Congress, and munity, I extend my gratitude to Ed NORTH KOREA SANCTIONS his own party said no. That was in 2010 for his tireless commitment to the LEGISLATION when Democrats controlled the Senate. Senate. They said no. He simply went around Mr. MCCONNELL. Mr. President, f Congress to impose a similarly regres- today the Senate has an opportunity to sive plan anyway. RECOGNITION OF THE MAJORITY pass bipartisan legislation that would LEADER Kentuckians in the eastern part of add to our Nation’s ability to hold my State are experiencing a severe de- The PRESIDING OFFICER. The ma- North Korea accountable for its grow- pression—a depression that policies jority leader is recognized. ing aggression. North Korea threatens such as these are only making worse. I f regional stability and our own national have repeatedly invited Gina McCarthy security. It threatens allies in the re- TRIBUTE TO ED PESCE and the President to my home State to gion, especially South Korea and see the devastation firsthand. They Mr. MCCONNELL. Mr. President, I Japan. have yet to accept. But even if they too wish to say a few words about Ed As General Clapper stated yesterday, won’t come to us, we have brought the Pesce, who today, after 25 years of Fed- it is a country that will continue to ad- concerns of Kentuckians directly to eral service, is retiring as the director vance its nuclear program. I would them. For example, we have brought of the Senate Periodical Press Gallery. urge my colleagues to vote yes to the constituents to administration hear- Ed has been a fixture around here for North Korea Sanctions and Policy En- ings in Washington to try to make peo- years. You could usually find him right hancement Act today so we can work ple here listen. outside the Chamber, behind the saloon toward keeping our Nation and our al- I put myself on the Appropriations swinging doors of the Senate Periodical lies safer. Subcommittee on the Interior so that I Press Gallery. f could have a stronger influence in the When George Mitchell was the major- oversight of the EPA budget. It has ity leader, that is where you found CLEAN POWER PLAN REGULATIONS given me the opportunity to shed light him. When Bob Dole had the job, that on the struggles of my home State and is where you found him. It has been Mr. MCCONNELL. Mr. President, now question officials like Gina McCarthy. true ever since. But you can sometimes on yet another matter, a few years ago It has given me the chance to push for find Ed in other places too. Some the Obama administration rolled out a policy riders in legislation that would mornings you can spot Ed at the gym massive regulatory scheme they undermine or overturn these regula- on a spin cycle. Later in the evening, dubbed a ‘‘Clean Power Plan,’’ an odd tions in their entirety. I have repeat- you might see Ed queuing for the pre- choice, given that it would not have a edly done so and will continue to do so. miere of a Star Wars sequel, maybe meaningful impact on global emissions I have also worked successfully with even a prequel. or the health of our planet. Here is Members of both parties to pass meas- At almost any other time, you likely what those massive regulations likely ures through Congress that would also would find Ed buried in a book. Fiction would do, though: ship middle-class overturn these anti-middle class regu- is one of his favorite genres; history is jobs overseas, punish the poor, impose lations in their entirety. the other. He certainly witnessed plen- more pain on Kentucky coal families President Obama pulled out all the ty of it firsthand. He oversaw media who just want to put food on the stops to defeat previous attempts to planning and execution for six Presi- table—all for the sake, one must as- pass riders. He vetoed the bipartisan dential inaugurations, for half a dozen sume, of letting well-off folks on the measures we passed through Congress. Republican Conventions, and for just left feel better about themselves for But he cannot stop the Supreme Court as many Democratic ones, not to men- ‘‘doing something.’’ from making the right decision, as we tion hundreds of congressional hear- It is pretty clear that the adminis- hope it ultimately will. He also cannot ings and press conferences. tration’s energy regulations threaten a stop the American people from electing Ed is a Baltimore native who came to lot of middle-class pain for hardly any a successor who is ready to support the the Senate Periodical Press Gallery substantive environmental gain. There middle class.

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR16\S10FE6.000 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1588 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 February 10, 2016 Here is the bottom line. I think we TITLE I—INVESTIGATIONS, PROHIBITED (4) North Korea has— owe it to the people under attack to CONDUCT, AND PENALTIES (A) unilaterally withdrawn from the Agree- represent them and to stand up on Sec. 101. Statement of policy. ment Concerning a Military Armistice in Korea, their behalf. The Americans whom Sec. 102. Investigations. signed at Panmunjom July 27, 1953 (commonly Sec. 103. Reporting requirements. referred to as the ‘‘Korean War Armistice Agree- these regulations attack have com- ment’’); and mitted no crime. They have done noth- Sec. 104. Designation of persons. Sec. 105. Forfeiture of property. (B) committed provocations against South ing wrong. They are human beings with Korea— TITLE II—SANCTIONS AGAINST NORTH KO- families. It is about time we had an ad- (i) by sinking the warship Cheonan and kill- REAN PROLIFERATION, HUMAN RIGHTS ing 46 of her crew on March 26, 2010; ministration that treated them that ABUSES, AND ILLICIT ACTIVITIES way. Until then, we will keep fighting (ii) by shelling Yeonpyeong Island and killing Sec. 201. Determinations with respect to North 4 South Korean civilians on November 23, 2010; and we will celebrate important Korea as a jurisdiction of primary progress along the way, just as we did (iii) by its involvement in the ‘‘DarkSeoul’’ money laundering concern. cyberattacks against the financial and commu- with yesterday’s Supreme Court ac- Sec. 202. Ensuring the consistent enforcement nications interests of South Korea on March 20, tion. of United Nations Security Coun- 2013; and f cil resolutions and financial re- (iv) by planting land mines near a guard post strictions on North Korea. in the South Korean portion of the demilitarized RESERVATION OF LEADER TIME Sec. 203. Proliferation prevention sanctions. zone that maimed 2 South Korean soldiers on The PRESIDING OFFICER. Under Sec. 204. Procurement sanctions. August 4, 2015. Sec. 205. Enhanced inspection authorities. (5) North Korea maintains a system of brutal the previous order, the leadership time Sec. 206. Travel sanctions. is reserved. political prison camps that contain as many as Sec. 207. Travel recommendations for United 200,000 men, women, and children, who are— f States citizens to North Korea. (A) kept in atrocious living conditions with Sec. 208. Exemptions, waivers, and removals of insufficient food, clothing, and medical care; MORNING BUSINESS designation. and The PRESIDING OFFICER. Under Sec. 209. Report on and imposition of sanctions (B) under constant fear of torture or arbitrary the previous order, the Senate will be to address persons responsible for execution. knowingly engaging in significant (6) North Korea has prioritized weapons pro- in a period of morning business until activities undermining cybersecu- 10:30 a.m., with Senators permitted to grams and the procurement of luxury goods— rity. (A) in defiance of United Nations Security speak therein for up to 10 minutes Sec. 210. Codification of sanctions with respect Council Resolutions 1695 (2006), 1718 (2006), 1874 each. to North Korean activities under- (2009), 2087 (2013), and 2094 (2013); and Mr. MCCONNELL. Mr. President, I mining cybersecurity. (B) in gross disregard of the needs of the peo- suggest the absence of a quorum. Sec. 211. Sense of Congress on trilateral co- ple of North Korea. The PRESIDING OFFICER. The operation between the United (7) Persons, including financial institutions, clerk will call the roll. States, South Korea, and Japan. who engage in transactions with, or provide fi- The senior assistant legislative clerk TITLE III—PROMOTION OF HUMAN RIGHTS nancial services to, the Government of North proceeded to call the roll. Sec. 301. Information technology. Korea and its financial institutions without es- Sec. 302. Strategy to promote North Korean tablishing sufficient financial safeguards Mr. CORKER. Mr. President, I ask against North Korea’s use of such transactions unanimous consent that the order for human rights. Sec. 303. Report on North Korean prison camps. to promote proliferation, weapons trafficking, the quorum call be rescinded. Sec. 304. Report on and imposition of sanctions human rights violations, illicit activity, and the The PRESIDING OFFICER. Without with respect to serious human purchase of luxury goods— objection, it is so ordered. rights abuses or censorship in (A) aid and abet North Korea’s misuse of the international financial system; and f North Korea. (B) violate the intent of the United Nations TITLE IV—GENERAL AUTHORITIES CONCLUSION OF MORNING Security Council resolutions referred to in para- BUSINESS Sec. 401. Suspension of sanctions and other graph (6)(A). measures. (8) The Government of North Korea has pro- The PRESIDING OFFICER. Morning Sec. 402. Termination of sanctions and other vided technical support and conducted destruc- business is closed. measures. tive and coercive cyberattacks, including Sec. 403. Authorization of appropriations. f against Sony Pictures Entertainment and other Sec. 404. Rulemaking. United States persons. NORTH KOREA SANCTIONS Sec. 405. Authority to consolidate reports. (9) The conduct of the Government of North ENFORCEMENT ACT OF 2016 Sec. 406. Effective date. Korea poses an imminent threat to— The PRESIDING OFFICER. Under SEC. 2. FINDINGS; PURPOSES. (A) the security of the United States and its (a) FINDINGS.—Congress finds the following: allies; the previous order, the Senate will pro- (1) The Government of North Korea— (B) the global economy; ceed to the consideration of H.R. 757, (A) has repeatedly violated its commitments to (C) the safety of members of the United States which the clerk will report. the complete, verifiable, and irreversible dis- Armed Forces; The senior assistant legislative clerk mantlement of its nuclear weapons programs; (D) the integrity of the global financial sys- read as follows: and tem; A bill (H.R. 757) to improve the enforce- (B) has willfully violated multiple United Na- (E) the integrity of global nonproliferation ment of sanctions against the Government of tions Security Council resolutions calling for programs; and North Korea, and for other purposes. North Korea to cease development, testing, and (F) the people of North Korea. production of weapons of mass destruction. (10) The Government of North Korea has There being no objection, the Senate (2) Based on its past actions, including the sponsored acts of international terrorism, in- proceeded to consider the bill, which transfer of sensitive nuclear and missile tech- cluding— had been reported from the Committee nology to state sponsors of terrorism, North (A) attempts to assassinate defectors and on Foreign Relations, with an amend- Korea poses a grave risk for the proliferation of human rights activists; and ment to strike all after the enacting nuclear weapons and other weapons of mass de- (B) the shipment of weapons to terrorists and clause and insert in lieu thereof the struction. state sponsors of terrorism. following: (3) The Government of North Korea has been (b) PURPOSES.—The purposes of this Act are— implicated repeatedly in money laundering and (1) to use nonmilitary means to address the SECTION 1. SHORT TITLE; TABLE OF CONTENTS. other illicit activities, including— crisis described in subsection (a); (a) SHORT TITLE.—This Act may be cited as (A) prohibited arms sales; (2) to provide diplomatic leverage to negotiate the ‘‘North Korea Sanctions and Policy En- (B) narcotics trafficking; necessary changes in the conduct of the Govern- hancement Act of 2016’’. (C) the counterfeiting of United States cur- ment of North Korea; (b) TABLE OF CONTENTS.—The table of con- rency; (3) to ease the suffering of the people of North tents for this Act is as follows: (D) significant activities undermining cyberse- Korea; and Sec. 1. Short title; table of contents. curity; and (4) to reaffirm the purposes set forth in section Sec. 2. Findings; purposes. (E) the counterfeiting of intellectual property 4 of the North Korean Human Rights Act of 2004 Sec. 3. Definitions. of United States persons. (22 U.S.C. 7802).

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

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00004 Fmt 0686 Sfmt 6333 E:\BR16\S10FE6.000 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1590 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 February 10, 2016 (6) knowingly, directly or indirectly, engages under the International Emergency Economic (A) in 2006— in money laundering, the counterfeiting of Powers Act (50 U.S.C. 1701 et seq.) to the extent (i) stated, ‘‘Given [North Korea’s] counter- goods or currency, bulk cash smuggling, or nar- necessary to block and prohibit all transactions feiting of U.S. currency, narcotics trafficking cotics trafficking that supports the Government in property and interests in property of a des- and use of accounts world-wide to conduct pro- of North Korea or any senior official or person ignated person, the Government of North Korea, liferation-related transactions, the line between acting for or on behalf of that Government; or the Workers’ Party of Korea, if such property illicit and licit North Korean money is nearly in- (7) knowingly engages in significant activities and interests in property are in the United visible.’’; and undermining cybersecurity through the use of States, come within the United States, or are or (ii) urged financial institutions worldwide to computer networks or systems against foreign come within the possession or control of a ‘‘think carefully about the risks of doing any persons, governments, or other entities on behalf United States person. North Korea-related business’’; of the Government of North Korea; (d) APPLICATION TO SUBSIDIARIES AND (B) in 2011, stated that North Korea— (8) knowingly, directly or indirectly, sells, AGENTS.—The designation of a person under (i) ‘‘remains intent on engaging in prolifera- supplies, or transfers to or from the Government subsection (a) or (b) and the blocking of prop- tion, selling arms as well as bringing in mate- of North Korea or any person acting for or on erty and interests in property under subsection rial’’; and behalf of that Government, a significant amount (c) shall apply with respect to a person who is (ii) was ‘‘aggressively pursuing the effort to of precious metal, graphite, raw or semi-finished determined to be owned or controlled by, or to establish front companies.’’; and metals or aluminum, steel, coal, or software, for have acted or purported to have acted for or on (C) in 2013, stated— use by or in industrial processes directly related behalf of, directly or indirectly, any person (i) in reference to North Korea’s distribution to weapons of mass destruction and delivery whose property and interests in property are of high-quality counterfeit United States cur- systems for such weapons, other proliferation blocked pursuant to this section. rency, that ‘‘North Korea is continuing to try to activities, the Korean Workers’ Party, armed (e) TRANSACTION LICENSING.—The President pass a supernote into the international finan- forces, internal security, or intelligence activi- shall deny or revoke any license for any trans- cial system’’; and ties, or the operation and maintenance of polit- action that the President determines to lack suf- (ii) the Department of the Treasury would ical prison camps or forced labor camps, includ- ficient financial controls to ensure that such soon introduce new currency with improved se- ing outside of North Korea; transaction will not facilitate any activity de- curity features to protect against counterfeiting (9) knowingly, directly or indirectly, imports, scribed in subsection (a) or (b). by the Government of North Korea. exports, or reexports to, into, or from North (f) PENALTIES.—The penalties provided for in (2) The Financial Action Task Force, an Korea any arms or related materiel; or subsections (b) and (c) of section 206 of the intergovernmental body whose purpose is to de- (10) knowingly attempts to engage in any of International Emergency Economic Powers Act velop and promote national and international the conduct described in paragraphs (1) through (50 U.S.C. 1705) shall apply to any person who policies to combat money laundering and ter- (9). violates, attempts to violate, conspires to violate, rorist financing, has repeatedly— (b) ADDITIONAL DISCRETIONARY DESIGNA- or causes a violation of any prohibition of this (A) expressed concern at deficiencies in North TIONS.— section, or an order or regulation prescribed Korea’s regimes to combat money laundering (1) PROHIBITED CONDUCT DESCRIBED.—Except under this section, to the same extent that such and terrorist financing; as provided in section 208, the President may penalties apply to a person that commits an un- (B) urged North Korea to adopt a plan of ac- designate under this subsection any person that lawful act described in section 206(a) of such tion to address significant deficiencies in those the President determines— Act (50 U.S.C. 1705(a)). regimes and the serious threat those deficiencies (A) knowingly engages in, contributes to, as- SEC. 105. FORFEITURE OF PROPERTY. pose to the integrity of the international finan- sists, sponsors, or provides financial, material or (a) AMENDMENT TO PROPERTY SUBJECT TO cial system; technological support for, or goods and services FORFEITURE.—Section 981(a)(1) of title 18, (C) urged all jurisdictions to apply counter- in support of, any person designated pursuant United States Code, is amended by adding at the measures to protect the international financial to an applicable United Nations Security Coun- end the following: system from ongoing and substantial money cil resolution; ‘‘(I) Any property, real or personal, that is in- laundering and terrorist financing risks ema- (B) knowingly contributed to— volved in a violation or attempted violation, or nating from North Korea; (i) the bribery of an official of the Government which constitutes or is derived from proceeds (D) urged all jurisdictions to advise their fi- of North Korea or any person acting for on be- traceable to a prohibition imposed pursuant to nancial institutions to give special attention to half of that official; section 104(a) of the North Korea Sanctions and business relationships and transactions with (ii) the misappropriation, theft, or embezzle- Policy Enhancement Act of 2016.’’. North Korea, including North Korean compa- ment of public funds by, or for the benefit of, an (b) AMENDMENT TO DEFINITION OF CIVIL FOR- nies and financial institutions; and official of the Government of North Korea or FEITURE STATUTE.—Section 983(i)(2)(D) of title (E) called on all jurisdictions— any person acting for or on behalf of that offi- 18, United States Code, is amended to read as (i) to protect against correspondent relation- cial; or follows: ships being used to bypass or evade counter- (iii) the use of any proceeds of any activity ‘‘(D) the Trading with the Enemy Act (50 measures and risk mitigation practices; and described in clause (i) or (ii); or U.S.C. 4301 et seq.), the International Emer- (ii) to take into account money laundering (C) knowingly and materially assisted, spon- gency Economic Powers Act (50 U.S.C. 1701 et and terrorist financing risks when considering sored, or provided significant financial, mate- seq.), or the North Korea Sanctions Enforcement requests by North Korean financial institutions rial, or technological support for, or goods or Act of 2016; or’’. to open branches and subsidiaries in their re- services to or in support of, the activities de- (c) AMENDMENT TO DEFINITION OF SPECIFIED spective jurisdictions. scribed in subparagraph (A) or (B). UNLAWFUL ACTIVITY.—Section 1956(c)(7)(D) of (3) On March 7, 2013, the United Nations Se- (2) EFFECT OF DESIGNATION.—With respect to title 18, United States Code, is amended— curity Council unanimously adopted Resolution any person designated under this subsection, (1) by striking ‘‘or section 92 of’’ and inserting 2094, which— the President may— ‘‘section 92 of’’; and (A) welcomed the Financial Action Task (A) apply the sanctions described in section (2) by adding at the end the following: ‘‘, or Force’s— 204, 205(c), or 206 to the person to the same ex- section 104(a) of the North Korea Sanctions En- (i) recommendation on financial sanctions re- tent and in the same manner as if the person forcement Act of 2016 (relating to prohibited ac- lated to proliferation; and were designated under subsection (a); tivities with respect to North Korea);’’. (ii) guidance on the implementation of such (B) apply any applicable special measures de- TITLE II—SANCTIONS AGAINST NORTH sanctions; scribed in section 5318A of title 31, United States KOREAN PROLIFERATION, HUMAN (B) decided that United Nations member states Code; RIGHTS ABUSES, AND ILLICIT ACTIVI- should apply enhanced monitoring and other (C) prohibit any transactions in foreign ex- TIES legal measures to prevent the provision of finan- change— SEC. 201. DETERMINATIONS WITH RESPECT TO cial services or the transfer of property that (i) that are subject to the jurisdiction of the NORTH KOREA AS A JURISDICTION could contribute to activities prohibited by ap- United States; and OF PRIMARY MONEY LAUNDERING plicable United Nations Security Council resolu- (ii) in which such person has any interest; CONCERN. tions; and and (a) FINDINGS.—Congress makes the following (C) called upon United Nations member states (D) prohibit any transfers of credit or pay- findings: to prohibit North Korean financial institutions ments between financial institutions or by, (1) The Under Secretary of the Treasury for from establishing or maintaining correspondent through, or to any financial institution, to the Terrorism and Financial Intelligence, who is re- relationships with financial institutions in their extent that such transfers or payments— sponsible for safeguarding the financial system respective jurisdictions to prevent the provision (i) are subject to the jurisdiction of the United against illicit use, money laundering, terrorist of financial services if such member states have States; and financing, and the proliferation of weapons of information that provides reasonable grounds to (ii) involve any interest of such person. mass destruction, and has repeatedly expressed believe that such activities could contribute to— (c) ASSET BLOCKING.—The President shall ex- concern about North Korea’s misuse of the (i) activities prohibited by an applicable ercise all of the powers granted to the President international financial system— United Nations Security Council resolution; or

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00005 Fmt 0686 Sfmt 6333 E:\BR16\S10FE6.000 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 1591 (ii) the evasion of such prohibitions. (A) finds that officials of the United States (3) the blocking by all member states, in ac- (b) SENSE OF CONGRESS REGARDING THE DES- and representatives of the United Nations Panel cordance with the legal process of the state in IGNATION OF NORTH KOREA AS A JURISDICTION of Experts established pursuant to United Na- which the property is held, of any property re- OF PRIMARY MONEY LAUNDERING CONCERN.— tions Security Council Resolution 1874 (2009), quired to be blocked under applicable United Congress— which monitors and facilitates implementation Nations Security Council resolutions; (1) acknowledges the efforts of the United Na- of United Nations sanctions on North Korea, (4) the blocking of any property derived from tions Security Council to impose limitations on, ‘‘agree that the lack of detailed reports from all illicit activity, or from the misappropriation, and to require the enhanced monitoring of, member states is an impediment to the UN’s ef- theft, or embezzlement of public funds by, or for transactions involving North Korean financial fective implementation of its sanctions’’; and the benefit of, officials of the Government of institutions that could contribute to sanctioned (B) notes that ‘‘many member states lack the North Korea; activities; technical capacity to enforce sanctions and pre- (5) the blocking of any property involved in (2) urges the President, in the strongest pare reports’’ on the implementation of United significant activities undermining cybersecurity terms— Nations sanctions on North Korea. by the Government of North Korea, directly or (A) to immediately designate North Korea as a (4) All member states share a common interest indirectly, against United States persons, or the jurisdiction of primary money laundering con- in protecting the international financial system theft of intellectual property by the Government cern; and from the risks of money laundering and illicit of North Korea, directly or indirectly from (B) to adopt stringent special measures to transactions emanating from North Korea. United States persons; and safeguard the financial system against the risks (5) The United States dollar and the euro are (6) the blocking of any property of persons di- posed by North Korea’s willful evasion of sanc- the world’s principal reserve currencies, and the rectly or indirectly involved in censorship or tions and its illicit activities; and United States and the European Union are pri- human rights abuses by the Government of (3) urges the President to seek the prompt im- marily responsible for the protection of the plementation by other countries of enhanced North Korea. international financial system from the risks de- (c) STRATEGY TO IMPROVE INTERNATIONAL IM- monitoring and due diligence to prevent North scribed in paragraph (4). PLEMENTATION AND ENFORCEMENT OF UNITED Korea’s misuse of the international financial (6) The cooperation of the People’s Republic NATIONS NORTH KOREA-SPECIFIC SANCTIONS.— system, including by sharing information about of China, as North Korea’s principal trading The President shall direct the Secretary of activities, transactions, and property that could partner, is essential to— State, in coordination with other Federal de- contribute to— (A) the enforcement of applicable United Na- (A) activities sanctioned by applicable United partments and agencies, as appropriate, to de- tions Security Council resolutions; and velop a strategy to improve international imple- Nations Security Council resolutions; or (B) the protection of the international finan- (B) the evasion of such sanctions. mentation and enforcement of United Nations cial system. North Korea-specific sanctions. The strategy (c) DETERMINATIONS REGARDING NORTH (7) The report of the Panel of Experts ex- should include elements— KOREA.— pressed concern about the ability of banks to de- (1) IN GENERAL.—Not later than 180 days after (1) to increase the number of countries submit- tect and prevent illicit transfers involving North the date of the enactment of this Act, the Sec- ting reports to the United Nations Panel of Ex- Korea if such banks are located in member retary of the Treasury, in consultation with the perts established pursuant to United Nations Se- states with less effective regulators or member Secretary of State and the Attorney General, curity Council Resolution 1874 (2009), including states that are unable to afford effective compli- and in accordance with section 5318A of title 31, developing a list of targeted countries where ef- ance. fective implementation and enforcement of United States Code, shall determine whether (8) North Korea has historically exploited in- United Nations sanctions would reduce the reasonable grounds exist for concluding that consistencies between jurisdictions in the inter- threat from North Korea; North Korea is a jurisdiction of primary money pretation and enforcement of financial regula- (2) to encourage member states of the United laundering concern. tions and applicable United Nations Security (2) ENHANCED DUE DILIGENCE AND REPORTING Nations to cooperate and share information Council resolutions to circumvent sanctions and REQUIREMENTS.—If the Secretary of the Treas- with the panel in order to help facilitate inves- launder the proceeds of illicit activities. tigations; ury determines under paragraph (1) that rea- (9) Amroggang Development Bank, Bank of (3) to expand cooperation with the Panel of sonable grounds exist for concluding that North East Land, and Tanchon Commercial Bank Experts; Korea is a jurisdiction of primary money laun- have been designated by the Secretary of the (4) to provide technical assistance to member dering concern, the Secretary, in consultation Treasury, the United Nations Security Council, states to implement United Nations sanctions, with the Federal functional regulators (as de- and the European Union as having materially including developing the capacity to enforce fined in section 509 of the Gramm-Leach-Bliley contributed to the proliferation of weapons of sanctions through improved export control regu- Act (15 U.S.C. 6809)), shall impose 1 or more of mass destruction. the special measures described in section (10) Korea Daesong Bank and Korea lations, border security, and customs systems; 5318A(b) of title 31, United States Code, with re- Kwangson Banking Corporation have been des- (5) to harness existing United States Govern- spect to the jurisdiction of North Korea. ignated by the Secretary of the Treasury and ment initiatives and assistance programs, as ap- (3) REPORT REQUIRED.— the European Union as having materially con- propriate, to improve sanctions implementation (A) IN GENERAL.—Not later than 90 days after tributed to the proliferation of weapons of mass and enforcement; and the date on which the Secretary of the Treasury (6) to increase outreach to the people of North destruction. makes a determination under paragraph (1), the (11) The Foreign Trade Bank of North Korea Korea, and to support the engagement of inde- Secretary shall submit to the appropriate con- has been designated by the Secretary of the pendent, non-governmental journalistic, hu- gressional committees a report that contains the Treasury for facilitating transactions on behalf manitarian, and other institutions in North reasons for such determination. of persons linked to its proliferation network Korea. (B) FORM.—The report submitted under sub- (d) REPORT REQUIRED.—Not later than 90 paragraph (A) shall be submitted in unclassified and for serving as ‘‘a key financial node’’. (12) Daedong Credit Bank has been des- days after the date of the enactment of this Act, form, but may include a classified annex. ignated by the Secretary of the Treasury for ac- and annually thereafter, the Secretary of State SEC. 202. ENSURING THE CONSISTENT ENFORCE- tivities prohibited by applicable United Nations shall submit to the appropriate congressional MENT OF UNITED NATIONS SECU- Security Council resolutions, including the use committees a report that describes the actions RITY COUNCIL RESOLUTIONS AND undertaken to implement the strategy required FINANCIAL RESTRICTIONS ON of deceptive financial practices to facilitate NORTH KOREA. transactions on behalf of persons linked to by subsection (c). (a) FINDINGS.—Congress makes the following North Korea’s proliferation network. SEC. 203. PROLIFERATION PREVENTION SANC- findings: (b) SENSE OF CONGRESS.—It is the sense of TIONS. (1) All member states of the United Nations Congress that the President should intensify (a) EXPORT OF CERTAIN GOODS OR TECH- are obligated to implement and enforce applica- diplomatic efforts in appropriate international NOLOGY.—A validated license shall be required ble United Nations Security Council resolutions fora, such as the United Nations, and bilat- for the export to North Korea of any goods or fully and promptly, including by blocking the erally, to develop and implement a coordinated, technology otherwise covered under section 6(j) property of, and ensuring that any property is consistent, multilateral strategy for protecting of the Export Administration Act of 1979 (50 prevented from being made available to, persons the global financial system against risks ema- U.S.C. 4605(j)). No defense exports may be ap- designated for the blocking of property by the nating from North Korea, including— proved for the Government of North Korea. Security Council under applicable United Na- (1) the cessation of any financial services the (b) TRANSACTIONS IN LETHAL MILITARY EQUIP- tions Security Council resolutions. continuation of which is inconsistent with ap- MENT.— (2) As of May 2015, 158 of the 193 member plicable United Nations Security Council resolu- (1) IN GENERAL.—The President shall withhold states of the United Nations had not submitted tions; assistance under the Foreign Assistance Act of reports on measures taken to implement North (2) the cessation of any financial services to 1961 (22 U.S.C. 2151 et seq.) to the government of Korea-specific United Nations Security Council persons, including financial institutions, that any country that provides lethal military equip- resolutions 1718, 1874, and 2094. present unacceptable risks of facilitating money ment to the Government of North Korea. (3) A recent report by the Government Ac- laundering and illicit activity by the Govern- (2) APPLICABILITY.—The prohibition under countability Office (GAO–15–485)— ment of North Korea; paragraph (1) with respect to a government

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

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

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00008 Fmt 0686 Sfmt 6333 E:\BR16\S10FE6.000 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1594 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 February 10, 2016 (B) FORM.—The report required under para- (2) made significant progress toward— the floor today the bipartisan North graph (1) shall be submitted in unclassified (A) completely, verifiably, and irreversibly dis- Korea Sanctions and Policy Enhance- form, but may include a classified annex. mantling all of its nuclear, chemical, biological, ment Act. (C) PUBLIC AVAILABILITY.—The Secretary of and radiological weapons programs, including This legislation passed unanimously State shall publish the unclassified part of the all programs for the development of systems de- report required under paragraph (1) on the signed in whole or in part for the delivery of out of the Senate Foreign Relations website of the Department of State. such weapons; Committee to address a critical na- (b) DESIGNATION OF PERSONS.—The President (B) releasing all political prisoners, including tional security issue—the nuclear and shall designate under section 104(a) any person the citizens of North Korea detained in North ballistic missile threat from North listed in the report required under subsection Korea’s political prison camps; Korea. (a)(1) that— (C) ceasing its censorship of peaceful political We know all too well that the past (1) knowingly engages in, is responsible for, or activity; (D) establishing an open, transparent, and two decades of North Korean policy, in- facilitates censorship by the Government of cluding both Republican and Demo- North Korea; or representative society; and (2) knowingly engages in, is responsible for, or (E) fully accounting for and repatriating cratic administrations, have been an facilitates serious human rights abuses by the United States citizens (including deceased abject failure. While there is no silver Government of North Korea. United States citizens)— bullet solution, it is clear that Con- (i) abducted or unlawfully held captive by the (c) SENSE OF CONGRESS.—It is the sense of gress must play a proactive role in pro- Congress that the President should— Government of North Korea; or viding a more robust policy tool to the (1) seek the prompt adoption by the United (ii) detained in violation of the Agreement Concerning a Military Armistice in Korea, executive branch to confront this Nations Security Council of a resolution calling threat. for the blocking of the assets of all persons re- signed at Panmunjom July 27, 1953 (commonly sponsible for severe human rights abuses or cen- referred to as the ‘‘Korean War Armistice Agree- There has been a lot of attention on sorship in North Korea; and ment’’). North Korea in the weeks following (2) fully cooperate with the prosecution of any SEC. 403. AUTHORIZATION OF APPROPRIATIONS. North Korea’s fourth nuclear test, but individual listed in the report required under (a) IN GENERAL.—There are authorized to be Senators CORY GARDNER and BOB subsection (a)(1) before any international tri- appropriated for each of fiscal years 2017 MENENDEZ demonstrated leadership on bunal that may be established to prosecute per- through 2021— (1) $3,000,000 to carry out section 103 of the North Korea long before recent events, sons responsible for severe human rights abuses and I thank them personally—Senator or censorship in North Korea. North Korea Human Rights Act of 2004 (22 U.S.C. 7813); GARDNER chairing the subcommittee TITLE IV—GENERAL AUTHORITIES (2) $3,000,000 to carry out subsections (a), (b), that looks after policy relative to SEC. 401. SUSPENSION OF SANCTIONS AND and (c) of section 104 of that Act (22 U.S.C. North Korea and Senator MENENDEZ OTHER MEASURES. 7814); coming together with a robust piece of (a) IN GENERAL.—Any sanction or other meas- (3) $2,000,000 to carry out subsection (d) of legislation. I thank Senator GARDNER ure required under title I, II, or III (or any such section 104, as add by section 301 of this amendment made by such titles) may be sus- Act; and for his leadership. He is new to the pended for up to 1 year upon certification by (4) $2,000,000 to carry out section 203 of the committee but certainly not new to ad- the President to the appropriate congressional North Korea Human Rights Act of 2004 (22 dressing problems our Nation faces, committees that the Government of North Korea U.S.C. 7833). and I thank him for that. I thank them has made progress toward— (b) AVAILABILITY OF FUNDS.—Amounts appro- for their efforts over many months to (1) verifiably ceasing its counterfeiting of priated for each fiscal year pursuant to sub- focus attention on the threat posed by section (a) shall remain available until ex- United States currency, including the surrender North Korea and to work with Senator or destruction of specialized materials and pended. CARDIN and myself to develop a bipar- equipment used or particularly suitable for SEC. 404. RULEMAKING. counterfeiting; (a) IN GENERAL.—The President is authorized tisan Senate bill. (2) taking steps toward financial transparency to promulgate such rules and regulations as I want to single out Senator CARDIN to comply with generally accepted protocols to may be necessary to carry out the provisions of and his staff for the collaborative and cease and prevent the laundering of monetary this Act (which may include regulatory excep- constructive manner in which they instruments; tions), including under section 205 of the Inter- worked with my team on this impor- (3) taking steps toward verification of its com- national Emergency Economic Powers Act (50 tant bipartisan piece of legislation. pliance with applicable United Nations Security U.S.C. 1704). Senators SHAHEEN and MARKEY also Council resolutions; (b) RULE OF CONSTRUCTION.—Nothing in this (4) taking steps toward accounting for and re- Act, or in any amendment made by this Act, made important contributions as well. patriating the citizens of other countries— may be construed to limit the authority of the Senator CARDIN just arrived late, but (A) abducted or unlawfully held captive by President to designate or sanction persons pur- I want the Senator to know I was just the Government of North Korea; or suant to an applicable Executive order or other- boasting about his tremendous efforts. (B) detained in violation of the Agreement wise pursuant to the International Emergency If he would please know that has oc- Concerning a Military Armistice in Korea, Economic Powers Act (50 U.S.C. 1701 et seq.). curred. signed at Panmunjom July 27, 1953 (commonly SEC. 405. AUTHORITY TO CONSOLIDATE RE- This was truly an all-hands-on-deck referred to as the ‘‘Korean War Armistice Agree- PORTS. bipartisan committee effort to ensure a ment’’); Any and all reports required to be submitted (5) accepting and beginning to abide by inter- to appropriate congressional committees under piece of legislation that the Senate, nationally recognized standards for the distribu- this Act or any amendment made by this Act the Congress, and the country can be tion and monitoring of humanitarian aid; and that are subject to a deadline for submission proud of. (6) taking verified steps to improve living con- consisting of the same unit of time may be con- Over the past decade, the Senate For- ditions in its political prison camps. solidated into a single report that is submitted to eign Relations Committee has con- (b) RENEWAL OF SUSPENSION.—The suspension appropriate congressional committees pursuant vened every couple of years at the full described in subsection (a) may be renewed for to such deadline. The consolidated reports must committee level to assess the state of additional, consecutive 180-day periods after the contain all information required under this Act U.S. policy toward North Korea. There President certifies to the appropriate congres- or any amendment made by this Act, in addition has been surprisingly little variation in sional committees that the Government of North to all other elements mandated by previous law. their overall descriptions of the danger Korea has continued to comply with the condi- SEC. 406. EFFECTIVE DATE. tions described in subsection (a) during the pre- Except as otherwise provided in this Act, this and recommended policy prescriptions. vious year. Act and the amendments made by this Act shall Former U.S. officials have all charac- SEC. 402. TERMINATION OF SANCTIONS AND take effect on the date of the enactment of this terized North Korea’s nuclear and bal- OTHER MEASURES. Act. listic missile activities as posing seri- Any sanction or other measure required under The PRESIDING OFFICER. Under ous and unacceptable risk to U.S. na- title I, II, or III (or any amendment made by the previous order, there will be up to tional interests. These same officials such titles) shall terminate on the date on which also all stressed the importance of the President determines and certifies to the ap- 7 hours of debate equally divided in the propriate congressional committees that the usual form. standing with our close regional allies, Government of North Korea has— The Senator from Tennessee. South Korea and Japan, in the face of (1) met the requirements set forth in section Mr. CORKER. Mr. President, I start destabilizing North Korean provo- 401; and by thanking the leader for bringing to cations. In addition, they all cited the

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR16\S10FE6.000 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 1595 necessity of cooperating with the inter- I am also pleased this bill goes be- overwhelming support, will become national community to deter further yond just these sanctions—which, by law, and will advance U.S. national se- North Korean provocations and prevent the way, are very strong—and I want to curity interests. the spread of sensitive technologies to underline the word ‘‘mandatory.’’ It es- I have my two chairmen here. Sen- and from North Korea. They all noted tablishes a more robust policy frame- ator GARDNER is the chairman of the the importance of enforcing U.N. Secu- work, including tools to improve en- East Asia and Pacific Subcommittee in rity Council sanctions on North Korea, forcement, and shines a brighter spot- the Foreign Relations Committee. He specifically the need for China to exer- light on North Korea’s abhorrent understood the importance of North cise greater influence over Pyongyang. human rights record, such as their Korea, its nuclear weapon program, its Let me say this. I am personally very forced labor practices. The bill requires weaponization program, and the im- disappointed at the way the U.N. Secu- a strategy to promote improved imple- pact it has globally. That is for sure, rity Council is functioning—whether it mentation and enforcement of multi- but East Asia is a particular concern, is Iran, where we had two ballistic mis- lateral sanctions, a strategy to combat and Senator GARDNER understood that, sile tests and yet nothing has been North Korean cyber activities, and a working with our allies in East Asia to done at the U.N. Security Council strategy to promote and encourage develop the right U.S. leadership so we level. Most recently, China sent a dele- international engagement on North will have an international coalition gation to meet with North Korea right Korean human rights issues. There are isolating North Korea because of its before this last test in order to try to reporting requirements related to these conduct. So I thank Senator GARDNER influence them, and the country of strategies as well as a report on polit- for introducing the original bill in the China was embarrassed by the fact that ical prison camps and a feasibility Senate and working with Senator North Korea went ahead with this bal- study on providing communications MENENDEZ particularly—who intro- listic test. Yet, in spite of that embar- equipment to the people of North duced it on our side—to bring together rassment, in spite of the fact it is their Korea. legislation that is a proper role for neighbor on their border that is con- After the careful work over many Congress. ducting these provocations, they still months by a bipartisan coalition in I want to underscore that. This legis- have not agreed to U.N. Security Coun- Congress, we have a piece of legislation lation represents what Congress needs cil resolutions to put into place sanc- that I believe will begin to allow our to do. We are the policymakers of tions against North Korea. That is very country, working with our allies, to America. We pass the laws. Then the disappointing. begin seizing the initiative in con- executive branch, which is critically In the recent years, U.S. officials straining North Korea’s ability to important to foreign policy—don’t get have spoken increasingly of the deplor- threaten its neighbors and the world me wrong—but we enable the tools to able human rights situation in North with nuclear weapons while also con- be able to carry out this foreign policy. Korea, including highlighting North tinuing to focus world attention on the What this legislation shows is Congress Korea’s notorious prison camps. Of plight of the North Korean people. speaks with a very clear voice, that we course, there have been some dif- I look forward to hearing the per- will not tolerate North Korea’s pro- ferences in approaches toward North spectives of my colleagues on the sig- liferation of weaponry, its intimidation Korea over the years, particularly with nificance of this legislation that I ex- of its neighbors, its human rights vio- respect to the tactics of engaging pect will receive wide bipartisan sup- lations, and that we will use the North Korea and the appropriate bal- port and eventually become law. strongest possible measures to ensure ance of carrots and sticks. Yet it is ap- Mr. President, I yield the floor to my that we contain that type of nefarious parent that the past several decades of distinguished friend and the ranking conduct. U.S. policy are not working. North member, Senator CARDIN. Quite frankly, the legislation we Korea continues to advance their nu- The PRESIDING OFFICER. The Sen- have before us is similar to the ap- clear and ballistic missile capabilities ator from Maryland. proach we took with Iran and the con- unchecked. They have orchestrated Mr. CARDIN. Mr. President, let me gressionally mandated sanctions we malicious cyber attacks that threaten first start by thanking Chairman had on Iran that made it clear we were our allies as well as our own national CORKER. going to isolate Iran until they security. Meanwhile, the North Korean The Senate Foreign Relations Com- changed course on their nuclear weap- people remain impoverished and sub- mittee has a proud tradition of work- ons program. What this legislation ject to brutal treatment at the hands ing on national security and foreign does is take the product that came of the Kim regime. policy issues in the best interest of our over from the House of Representa- I appreciate the complexity of risks country and putting partisan dif- tives—it was a good bill that came over posed by North Korea and our limited ferences aside so we can speak with a from the House of Representatives, but options. However, there is certainly strong voice. Chairman CORKER has we strengthened it. We made it more more we can and should be doing in ad- carried out that tradition and has ele- effective through the input of the dressing this issue. Our bill sets prece- vated it to a level that I think has been members of the Senate Foreign Rela- dent and puts in place strong manda- not only in the best interest of the tions Committee. So it is a strong mes- tory sanctions and establishes for the Senate but the best interests of our sage—unified, bipartisan, working with first time a statutory framework for country. That is particularly true in the administration to produce a strong sanctions in response to North Korean the North Korea Sanctions and Policy policy. cyber threats. The President will be re- Enhancement Act of 2016. So I thank North Korea’s foreign policy chal- quired to investigate a wide range of him for the manner in which he lenges are known by all. It has been sanctionable conduct, including pro- brought different views together. We known by every American President liferation of weapons of mass destruc- all had the same objectives, but as the since the start of the Korean war. They tion, arms-related materials, luxury Presiding Officer knows, when dealing have tested four nuclear weapons and goods which affect the elite in that with 100 Members of the Senate and the they tested a long-range ballistic mis- country, human rights abuses, activi- 19 Members of our committee, we each sile in defiance of numerous inter- ties undermining cyber security, and have different views, and to try to har- national obligations. provision of industrial inputs such as monize that so we can get legislation U.S. leadership is absolutely critical precious metals or coal for use in a tai- done in a timely way takes a great deal in standing up to North Korea’s activi- lored set of activities, including WMD, of talent and patience. Senator CORKER ties. We must isolate North Korea to proliferation activities, and prison and has both talent and patience, and I prevent it from getting international labor camps. Penalties include the sei- thank him very much for the way he help to further its illegal weapons pro- zure of assets, visa bans, and denial of led our committee to bring a bill to the gram. That is the basic point of sanc- government contracts. floor of the Senate that I think will get tions. We want to prevent commercial

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR16\S10FE6.000 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1596 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 February 10, 2016 interests anywhere in the world from al financial order in ways that provide This legislation acknowledges that trying to help North Korea get the the international community with le- sanctions and diplomacy are the most type of weapons, equipment, and re- verage to seek changes in North Ko- effective way when integrated into a sources it needs in order to further its rea’s behavior. comprehensive strategy that engages illegal weapon program. The United This legislation also codifies existing all of our instruments of national pol- States must lead in effective diplo- cyber security sanctions in response to icy. The North Korea Sanctions and macy to provide incentives and dis- North Korea’s increasing capability Policy Enhancement Act of 2016 in- incentives toward North Korea’s con- and provocations in the cyber domain, cludes instruments to improve the en- duct. We need to form strong alliances including the attack on Sony. This is forcement of multilateral sanctions, an and partnerships in the region. We an important step in building and en- overall strategy to combat North Ko- have to work in close coordination forcing international norms when it rea’s cyber activities, and other efforts with our allies, and quite frankly our comes to cyber space. One of the areas to address human rights abuses. The goal is a peaceful and reunified penin- that we have strengthened in the legislation also protects important hu- sula. We think that is in the best inter- House bill is to make it clear that our manitarian assistance programs. est of all the Korean people. concerns about North Korea go well be- This is another point I want to un- Over the last two decades, the North yond their nuclear weapons tests but derscore: We have no problem with the Korean regime has moved steadily for- also to their cyber attack activities. people of North Korea. It is the govern- ward in their nuclear weapons develop- The vast majority of North Koreans ment. It is the government that is not ment program and in the production of endure systematic violations of their only threatening its neighbors, it has nuclear material. They have continued most basic human rights. Chairman damaged, threatened, and killed its to develop this ballistic missile pro- CORKER talked about this. Many of own people. This legislation makes it gram, they possess hundreds of short- these violations constitute crimes clear that we will continue to try to and medium-range missiles, and they against humanity. It is a fact that is get humanitarian assistance to the are seeking ICBM capabilities. They well-documented by the United Nations people of North Korea. have active uranium and plutonium Commission of Inquiry. Widespread Finally, effectively enforcing sanc- programs that pose a proliferation malnutrition, torture, and fear have tions against North Korea is not some- threat. They have tried in the past to made North Korea one of the most thing the United States can do alone. help Syria build a nuclear reactor and egregious human rights violators, un- It requires our allies, our partners, and have been a source of nuclear material paralleled in the contemporary world. the rest of the international commu- missile technology to rogue states, in- They are the worst. nity to join us in this effort. This legis- cluding terrorists. It is not just about These crimes by the North Korean re- lation seeks to create the policy envi- one country-state. It is about what gime should shock the conscience of ronment that makes such a multilat- they are doing in helping other coun- humanity. Building on the important eral effort at the United Nations Secu- tries that support terrorism and ter- work of the U.N. Commission of In- rity Council possible. rorist groups itself. It is critically im- quiry, the United Nations Human The onus is now on China. Chairman portant we act. Rights Commission and General As- CORKER is actually right in what he North Korea represents a grave and sembly adopted by overwhelming mar- said. China is as much a threat as any growing threat to the United States, gins resolutions calling for account- country in the world as a result of the region, and the international com- ability for North Korea’s human rights North Korea’s activities. China can munity. To respond to North Korea’s abuses. Just last year, the United Na- make a huge difference in isolating continued belligerence, the legislation tions Security Council took up the North Korea and changing their behav- we have before us includes mandatory DPRK’s grave human rights injustices ior to denuclearize the Korean Penin- sanctions—and the chairman men- on their standing agenda for the very sula. That is their objective. China has tioned that these are mandatory sanc- first time. These multilateral resolu- told us that. They need to take action. tions—directed against specific entities tions need to be backed up by appro- They shouldn’t be blocking U.N. Secu- that violate U.S. law and United Na- priate action, and that is exactly what rity Council action. They should not tions Security Council resolutions, in- we are doing. only be supporting that, they should be cluding proliferation of weapons of It is well past time to hold North using their influence over North Korea mass destruction, arms-related mate- Korea responsible for its human rights to bring about a change of behavior of rials, human rights violations—and we violations, and this legislation does North Korea as it relates to prolifera- will get to that because it is an impor- just that. In response, this legislation tion of weapons. So it is on China. tant part of this legislation—and ac- imposes sanctions not just for North The United States will do what it tivities that undermine cyber security. Korea’s nuclear programs and contin- must do to safeguard our interests and Our legislation targets for investiga- ued provocative behavior but for the that of our allies. And that, we will do. tion those who support these activities severe human rights abuses committed But we hope China, which claims to by providing the regime with industrial in North Korea as well. This is new and share our same goals on the inputs, such as coal that provides eco- necessary policy ground for the United denuclearization of the Korean Penin- nomic support for North Korea’s illicit States with regard to North Korea. sula, will agree on the meaningful activities or luxury goods that allow Although tough sanctions have steps necessary so that we can achieve the regime to continue to exercise its worked on North Korea when applied in that goal. control. the past—and I think it is important to Let me be clear. The United States We are going after the source of their point out that sanctions do work. In and Republic of Korea alliance remains financing of their illegal weapons pro- 2005 the United States designated as firm and resilient as ever and stands gram. It is not always the direct equip- Banco Delta Asia, BDA, as a money ready to support the Korean people ment that goes into building the weap- laundering concern for facilitating against any and all provocations by ons; in many cases, it is the mineral North Korean illicit activities and North Korea. Just this weekend, the al- wealth of the country that they are banned all U.S. financial institutions liance made a decision to begin formal using in order to finance that. This leg- from dealing with that bank. It consultations regarding improvements islation targets those sectors. The worked. It had a major impact on to the THAAD missile defense system President is mandated to sanction any North Korea. The problem is, that was operated by U.S. Forces Korea. I sup- person who has contributed to or en- 2005 and we let up. We didn’t keep the port this decision, as it is both an im- gaged in or helped to facilitate these pressure on. This legislation will cor- portant element of our extended deter- actions. rect that oversight and remedy the rea- rence architecture and it sends the Even isolated regimes like North sons why these sanctions are not effec- right signal of U.S. resolve to protect Korea are nonetheless tied to the glob- tive today. our allies and partners in the region.

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR16\S10FE6.000 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 1597 We will look for new defense systems laid out over the past year is setting Yesterday James Clapper, the Direc- to help the Republic of Korea and our ground for this strong sanctions bill tor of National Intelligence, testified friends in the Korean Peninsula. today. before the Senate Armed Services Com- I also wish to commend President I rise to speak in support of H.R. 757, mittee that North Korea has restarted Park for her leadership in responding the North Korea Sanctions and Policy its plutonium reactor at Yongbyon and to this growing threat. She has dem- Enhancement Act, as amended by the ‘‘could begin to recover plutonium onstrated the necessary political will unanimous amendment that came out from the reactor’s spent fuel within a to strengthen cooperation and con- of the Foreign Relations Committee on matter of weeks to months.’’ The re- sultations within the alliance and with January 28. This legislation is a mo- gime’s ballistic missile capabilities are partners in the region to forge a united mentous achievement, and I thank the rapidly advancing. DNI Clapper stated and strong international response to members of the committee and par- that ‘‘North Korea has also expanded North Korea’s reckless behavior. ticularly Senator MENENDEZ for work- the size and sophistication of its bal- We must also continue to look for op- ing closely with me as we came to- listic missiles forces—from close-range portunities to enhance trilateral co- gether with a strong bipartisan solu- ballistic missiles to intercontinental operation between the United States, tion to what is the problem with North ballistic missiles [ICBMs]—and con- Japan, and South Korea. Japan and Korea. I also thank House Foreign Af- tinues to conduct missile test South Korea are our most important fairs Committee Chairman ED ROYCE, launches. . . . Pyongyang is also com- allies in the region, and as we approach the sponsor of the underlying House mitted to developing a long-range, nu- North Korea, to be most effective, we legislation, for his years of tireless clear-armed missile that is capable of need to act together. work and dedication on this issue. Hav- posing a direct threat to the United Strong, clear-eyed, forward-looking ing served with Chairman ROYCE in the States.’’ leadership will be necessary if we hope House for a number of years, I know ADM Bill Gortney, the head of U.S. to pursue eventual denuclearization on his passion and his dedication and his Northern Command, NORTHCOM, the Korean Peninsula. It calls for close commitment to bringing peace to the which is based in my home State of coordination with our regional allies, peninsula. Colorado, at Peterson Air Force Base This legislation comes at a critical South Korea and Japan, particularly in in Colorado Springs, has publicly stat- time. Those of you who had a chance to the areas of missile defense and infor- ed that North Korea may have already see the news this morning woke up to mation sharing. And it calls for U.S. developed the ability to miniaturize a a story in Reuters where yet another leadership to strengthen the existing nuclear warhead, mount it on their top military official in the Kim Jong counterproliferation regime, to ensure own intercontinental ballistic mis- Un regime was assassinated by Kim that North Korea’s most dangerous Jong Un, following a long list of others sile—something called the KN–08—and weapons are contained as we work to- in his administration who have been ‘‘shoot it at the homeland.’’ Those are ward their elimination. This legisla- killed, assassinated, tortured, includ- not the words of a committee chairman tion does that. It strengthens U.S. pol- ing his own uncle, including those who or the words of a subcommittee chair- icy and allows us to ensure that North have been killed by anti-aircraft guns. man; those are the words of our com- Korea will pay a price for its continued North Korea poses a serious and mander of NORTHCOM, who believes nuclear ambitions, while providing the growing threat to its neighbors, our al- that they may have developed the abil- administration with the toolkit it lies, South Korea, Japan, and others. It ity to shoot it at the homeland. needs to develop and implement a more poses a threat to our homeland, the North Korea has demonstrated time effective approach to North Korea. I United States, and to global security. and time again that it is an aggressive, urge all my colleagues to join us in While the threat is growing daily, our ruthless regime that is not afraid to supporting this very important legisla- policies are failing to deter the forgot- kill innocent people. On March 26, 2010, tion. ten maniac in Pyongyang, Kim Jong North Korean missiles sank a South Mr. President, I yield the floor. Un. Korean ship, killing 46 of her own crew, The PRESIDING OFFICER. The Sen- This past weekend, on February 7, and several months later, North Korea ator from Colorado. North Korea conducted a satellite shelled a South Korean island, killing 4 Mr. GARDNER. Mr. President, I want launch, which is essentially a test of an more South Korean citizens. to add to the comments made by Chair- intercontinental ballistic missile that Pyongyang is also quickly developing man CORKER, my colleague from Ten- would be capable of reaching the U.S. its cyber capabilities as another dan- nessee and chairman of the Foreign Re- mainland. Last month, on January 6, gerous tool of intimidation, as dem- lations Committee, as well as Senator North Korea conducted its fourth nu- onstrated by the attack on the South CARDIN, my colleague on the Sub- clear test, which is the third such test Korean financial institutions and com- committee on East Asia, about the during the Obama administration. munication systems in March of 2013 or work we have done over the past year Moreover, North Korea has claimed the Sony Pictures hack attack in No- to put this before the Senate today. that this test was a test of a thermo- vember of 2014. One of the first meetings we held in nuclear device, also known as a hydro- According to a November 2015 report the office of Chairman CORKER was to gen bomb—a vastly more powerful by the Center for Strategic and Inter- speak with my colleagues on the con- weapon than the atomic devices the re- national Studies, ‘‘North Korea is cern we shared about North Korea, the gime has tested in the past. Regardless emerging as a significant actor in concern that while we have rightfully of whether the claim that it was a hy- cyberspace with both its military and focused on the Middle East and the drogen bomb is true, this test rep- clandestine organizations gaining the conflicts that have arisen in Syria and resents a significant advancement in capability to conduct cyber oper- in various places around the country, North Korea’s nuclear weapons capa- ations.’’ at the same time we cannot take our bility. According to the Heritage Founda- eyes off of North Korea. North Korea has violated a series of tion: Of course, Senator CARDIN from United Nations Security Council reso- Contrary to perceptions of North Korea as Maryland and I have worked together lutions, including Resolutions 1718, a technically backward nation, the regime on a variety of committee hearings. 1874, 2087, and 2094—all while the re- has a very robust and active cyber warfare The first series of committee hearings gime’s stockpile of nuclear weapons capability. The Reconnaissance General Bu- we held on the East Asia Sub- continues to grow exponentially. Most reau, North Korea’s intelligence agency, committee were to address cyber secu- oversees 3,000 ‘‘cyber-warriors’’ dedicated to recently, nuclear experts have reported attacking Pyongyang’s enemies. A South rity issues, the cyber attacks from that North Korea may currently have Korean cyber expert assessed that North Ko- North Korea, and the situation in re- as many as 20 nuclear warheads, with rea’s electronic warfare capabilities were gard to security on the North Korean potential for over 100 in the next few surpassed only by the United States and Rus- Peninsula. I think the work we have years. sia.

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This bill also codifies the Ex- where as many as 200,000 men, women, in Pyongyang. ecutive orders that the President and children are confined to atrocious Last August, I had an opportunity to issued last year, 13687 and 13694, regard- living conditions and are tortured, visit South Korea and meet with South ing cyber security as they applied to maimed, and killed. Korean President Park. We talked North Korea, which were enacted last On February 7, 2014, the United Na- about the situation on the peninsula, year in the wake of the Sony Pictures tions Commission of Inquiry on Human and we agreed that the status quo with hack and other cyber incidents. That is Rights released a groundbreaking re- North Korea is no longer sustainable. also a unique feature of the Senate bill. port detailing North Korea’s horren- To witness the proximity of the threat Lastly, if enacted and signed into dous record on human rights. The Com- for our South Korean allies, I visited law, the mandatory sanctions on cyber mission found that North Korea’s con- the demilitarized zone, or the DMZ. violators will break new ground for stituted a crime against humanity. Only days after I departed, North Congress. It is something that we can What then has been this administra- Korea fired artillery across the border, take as a model and apply to other na- tion’s policy to counter the North Ko- further illustrating the danger that tions that perpetrate against the rean threat? Our policy is something South Koreans live under each and United States. We need to look for called ‘‘strategic patience,’’ which every day and the danger of armed es- every way to deprive Pyongyang of in- started in 2009 under then-Secretary of calation of this conflict. come to build it weapons programs, State Hillary Clinton. The main idea I also traveled to China and met with strengthen its cyber capabilities, and behind strategic patience, it seems, is Foreign Minister Wang as well as high- abuse its own people. to patiently wait until Kim Jong Un ranking officials of the People’s Lib- We have to send a strong message to peacefully surrenders. eration Army to discuss North Korea. China, North Korea’s diplomatic pro- The latest developments show that From my conversations, however, it tector and largest trading partner, that we are reaping the rewards of this ill- became evident that although they are the United States will use every eco- conceived policy, and it can no longer growing exasperated with the North nomic tool at its disposal to stop be allowed to remain in effect. The Korean regime, Beijing has done little Pyongyang. simple fact is that strategic patience with the intention of undertaking Finally, I would like to quote the has been a strategic failure. All that meaningful action to stop Kim Jong Washington Post editorial board from our so-called ‘‘patience’’ has done is to Un. this past Monday, February 8: allow the North Korean regime to con- Last October, I introduced S. 2144, President Obama’s policy since 2009, ‘‘stra- tinue to test nuclear weapons, to ex- the North Korea Sanctions and Policy tegic patience,’’ has failed. The policy has pand its testing of intercontinental Enhancement Act. I thank 17 of my mostly consisted of ignoring North Korea ballistic missiles, to grow its military colleagues in this Senate for cospon- while mildly cajoling China to pressure the power, and to develop cyber warfare soring this legislation. The substitute regime. technologies while systematically con- before us today represents a slightly The editorial concludes: tinuing to torture its own people. We modified version of S. 2144. In par- Both China and North Korea must see that have neither militarily deterred this ticular, this legislation mandates and they will pay a mounting price for what, to regime nor effectively used our puni- not simply authorizes that the Presi- the United States, should be Mr. Kim’s intol- erable steps toward a nuclear arsenal. ‘‘Stra- tive tools. dent impose sanctions against persons tegic patience’’ is no longer a viable option. Our sanctions policy toward North who materially contribute to North Mr. President, I ask unanimous con- Korea has been weak. This was noted Korea’s nuclear and ballistic missile sent that the Washington Post edi- in that same CSIS report: development and who import luxury torial be printed in the RECORD. The sanctions against North Korea pale in goods into North Korea; mandatory There being no objection, the mate- comparison to the level of sanctioning sanctions against perpetrators who en- rial was ordered to be printed in the against Iran. . . . The number of individuals able its censorship and human rights RECORD, as follows: and entities sanctioned by the U.S. and UN abuses, who engage in money laun- are 843 (U.S.) and 121 (UN) for Iran, but only [From the Washington Post, Feb. 8, 2016] 100 (U.S.) and 31 (UN) for North Korea. dering and manufacture of counterfeit goods and narcotics trafficking, who NORTH KOREA’S ROCKET LAUNCH SHOWS THAT When we do impose sanctions against MR. OBAMA’S ‘STRATEGIC PATIENCE’ HAS engage in activities undermining cyber North Korea, they are often repetitive FAILED security or have sold, supplied or or ineffectual. Again, I quote from the (By Editorial Board) transferred to or from North Korea pre- Heritage Foundation report: Assessing the behavior of North Korean cious metals or raw metals, including ruler Kim Jong Un is necessarily a matter of In response to the North Korean aluminum, steel, and coal for the ben- cyberattack on Sony, President Barack guesswork In light of North Korea’s launch Obama issued Executive Order 13687, which, efit of North Korea’s regime and its il- Sunday of another long-range rocket, how- though expansive in legal breadth, was only licit activities. ever, our favorite theory is a simple one: Mr. weakly implemented. The Administration These sanctions are tough, and we Kim is responding rationally, even shrewdly, targeted 13 North Korean entities, three or- know that a significant portion of the to the outside world. The 30-something dic- ganizations already on the U.S. sanctions foreign currency that North Korea re- tator no doubt noticed that after the re- list, and 10 individuals not involved in cyber ceives is for trade in its precious met- gime’s latest nuclear test, on Jan. 6, there warfare. als, raw materials, aluminum, steel, was no response other than rhetoric from the U.N. Security Council, China and the United That was our response to North and coal. We know that about 90 per- States. Moreover, he surely observed that his Korea. To date, we have not imposed cent of North Korea’s economy is provocation served to widen a rift between specific human rights sanctions on a through its relationship with China. Washington and Beijing over how to handle single North Korean individual. There Senator CARDIN previously men- him. So why not double down? are 200,000 men, women, and children in tioned that nobody faces a greater The three-stage rocket launched Sunday, political gulags in North Korea, and threat than South Korea’s neighbors which supposedly put a satellite into Earth’s the United States has not imposed a Japan and China, which border a re- orbit, could also serve as an intercontinental specific human rights sanction on a gime that is killing its own people and missile. If North Korea has succeeded, as it claims it has, in miniaturizing a nuclear single North Korean leader. It is a dis- testing ballistic missiles in violation of warhead, Mr. Kim could target Hawaii and grace given the gravity of the abuses China’s determinations, the United Alaska, or perhaps even the western U.S. that have been perpetrated by this re- States’ determinations, and certainly mainland. The threat is not imminent—and gime. the United Nations determinations. yet it is likely to become so if the United

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As the supplier of most of the iso- the front end of this legislation. I too thank Chairman ROYCE and Rank- lated country’s energy and food, Beijing has think this is a meaningful piece of leg- ing Member ENGLE. They have worked enormous leverage. But Chinese President Xi islation. I was with the Presiding Offi- well together to cause us to project Jinping appears even more committed than cer yesterday during a lunch meeting, strength in this regard. They sent the his predecessors to the doctrine that it is and I think he is OK with my sharing base bill over, and it is a very good bill preferable to tolerate the Kim regime—and the fact that the Senate is playing a and a strong piece of legislation that its nuclear proliferation—than do anything that might destabilize it. role in really projecting our strength. the Senate, by passage later today, will Since the nuclear test, China has been say- We continue to do so both through the strengthen. ing that it will support another U.N. resolu- Armed Services Committee that he This is a collaborative effort. I hate tion on North Korea, but it is balking at sig- serves on and also through the Foreign to even use words like that, but it is a nificant new sanctions. Instead it calls for Relations Committee. I think this is a collaborative effort by two bodies of ‘‘dialogue,’’ by which it means negotiations very strong piece of legislation. Congress and two committees. Ulti- between North Korea and the United States. A lot of times it is difficult for us to mately, at the end of the day, I think This sounds reasonable; the problem is that make a difference. Let’s face it. The the two bodies will fully pass this legis- talks on curbing North Korea’s nuclear pro- gram and missiles have failed repeatedly, Commander in Chief has such powers lation and it will become law. This is and Mr. Kim is now insisting that the regime and such staff at their disposal. How- going to begin to make a difference in be accepted as a nuclear power. ever this is one of those pieces of legis- the way North Korea is behaving. What is needed is a return to the only non- lation where I am certain we are going What is happening there is impor- military strategy that brought results: sanc- to make a difference. tant. It is one of the greatest humani- tions that strike at the regime’s inner circle. Will it end North Korea’s activities? tarian crises, and this bill also address- Mr. Kim and his cronies are still managing It will take collective efforts to make es that. to import luxury goods from China, in spite that happen, but I think this begins the I thank Senator GARDNER for his of a U.N. ban; they still use Chinese banks to do business with the rest of the world. Those process of moving that along. comments on the floor. More impor- links could be curtailed if China, like Iran I have to say that I am so dis- tantly, I thank him for his efforts in before it, were designated as a money appointed in the way the U.N. Security helping to bring this piece of legisla- launderer and U.S. sanctions were slapped on Council is behaving. Again, I don’t tion to the floor and for his leadership Chinese banks and other businesses that sup- want to rehash old discussions, but I in the committee in helping to design ply weapons and luxury goods. know when we looked at the snapback this bill. Pending U.S. sanctions legislation, already provisions that were a part of the Iran I look forward to our having a suc- passed by the House and scheduled for a Sen- nuclear agreement—when you are deal- cessful day in the Senate. ate floor vote this week, would mandate these steps, while providing the administra- ing with partners like China, which Mr. GARDNER. Will the Senator tion with some flexibility. It should pass, wants to buy oil from Iran, and Russia, yield? and Mr. Obama should sign it. The adminis- which wants to sell them arms, I hate Mr. CORKER. Yes. tration and South Korea have taken one to say it, but our European friends are The PRESIDING OFFICER. The Sen- positive step, by announcing formal con- just dying to do business in the dif- ator from Colorado. sultations on deploying an advanced missile ferent ways that they are—mean noth- Mr. GARDNER. The Senator from defense system in South Korea as quickly as ing. They mean nothing. Tennessee talked about his disappoint- possible. That sensible step had been on hold It is the fact that Iran had two bal- ment with the United Nations. I want because of China’s objections. Both China and North Korea must see that listic tests that have taken place, vio- to go back over some of the points we they will pay a mounting price for what, to lating U.N. Security Council resolu- talked about earlier today. the United States, should be Mr. Kim’s intol- tions, and nothing has happened be- Senator CARDIN, our colleague from erable steps toward a nuclear arsenal. ‘‘Stra- cause Russia and China have blocked Maryland, mentioned the fact that the tegic patience’’ is no longer a viable option. those. In many ways that means that United States has very similar ap- Mr. GARDNER. This legislation be- for us to continue the project to cause proaches to our sanctions that brought gins the process of reversing course change to occur, this body itself has to Iran to the negotiation table in the from these failed policies toward build- be even more proactive. first place—sanctions that we levied ing the strong policies that we need to Senator GARDNER has visited the against Iran brought them to the nego- stop the forgotten maniac. DMZ, just as I have, and has seen the tiating table—and the fact that the I urge my colleagues to support this 28,500 troops that we have there. I United States has levied almost eight bill—this amendment—which passed know Senator SULLIVAN has done the times more sanctions against Iran than with unanimous support out of the For- same thing. We understand the con- we have a regime that does possess a eign Relations Committee. We can stant danger that South Korea and nuclear weapon. make a difference today. We can Japan face, as well as others. North I think we have more work to do in strengthen our partnership among Korea is right on the border of China, the United States. This bill is a great South Korea, Japan, and the United and China is the entity that can make step, but also the United Nations—and States. We can stop the torture of the the biggest difference. Yet China— your expression of disappointment with people of North Korea, and we can lift again, after being embarrassed when the United Nations is well stated. the threat of a nuclearized North North Korea paid no attention whatso- Mr. CORKER. Mr. President, I think Korea, which threatens to harm not ever to their reach-out when they tried it is good that the Senator from Colo- just its neighbors or our allies but the to keep this last test, in particular, rado brings up the fact that when we people of this country, our homeland. from occurring—was unwilling to lis- began putting these sanctions in place, I thank the Presiding Officer and ten. there was a lot of push back because, in yield the floor. So when we have ‘‘partners’’ on the essence, for these things to work prop- The PRESIDING OFFICER (Mr. SUL- U.N. Security Council unwilling to erly or make the biggest difference in LIVAN). The Senator from Tennessee. take steps, it means even more so that outcomes, we need to have an inter- Mr. CORKER. Mr. President, I know this body, of probably the greatest Na- national effort that takes place. When we have a number of speakers who are tion on Earth, has to be proactive. we began the Iran sanctions process, it interested in this legislation. I think I commend the Senator from Colo- was unilateral. And while we stressed they will be coming to the floor be- rado. I commend the Members of this on the front end—I know we passed an

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR16\S10FE6.000 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1600 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 February 10, 2016 amendment in the Banking Committee Korea’s actions and reassures our al- the north continues its provocative where that one originated—to really lies, especially Japan and South Korea. missile launches, our alliance with put in place efforts to make it multi- Strengthening and expanding sanctions South Korea means that we must en- lateral, over time it did and, because of demonstrate that North Korea’s behav- hance our defenses against these that, the world community obviously ior is unacceptable and that there will threats. Pyongyang’s missile capabili- is joining us, so we were able to force be consequences. ties threaten not only our allies and a behavior change. The Gardner-Menendez substitute our servicemembers stationed in South I would have liked to have had a bet- amendment codifies and makes manda- Korea and Japan, but also the U.S. ter- ter outcome when they got to the tory important cyber security sanc- ritory of Guam, my home State of Ha- table, and I think most people in this tions on North Korea that were enacted waii, Alaska, and much of the west body would have. But this bill, I would in Executive orders in the wake of the coast. point out, does seek and does push the Sony Pictures hacking incident. The South Korea’s decision yesterday to administration not only to implement amendment also requires the President begin formal talks with the United these by mandatory statements, but it to target Pyongyang’s trade in key in- States to deploy a THAAD missile de- also, again, encourages them to work dustrial commodities that are used to fense system is a major step toward with others. fund its weapons program. this kind of missile defense coopera- I had those same conversations in The bill requires a strategy to pro- tion. THAAD can target short, me- China that the Senator from Colorado mote improved implementation and en- dium, and intermediate ballistic mis- had years ago. The Chinese, with such forcement of multilateral sanctions, a siles in flight. emphasis on stability—and I under- strategy to combat North Korea’s Again, stability in the Asia-Pacific stand it is right on their border which, cyber activities, and a strategy to pro- area with key allies, largest and fastest to me, should make these provocations mote and encourage international en- growing economies, and provocative even more infuriating and more impor- gagement on North Korean human actors like North Korea and China, is tant, relative to the security of their rights-related issues, including forced critical to our national security. We own country. But it just seems that labor and repatriation. must continue our commitment to an they, too, have exercised the patience While passing this legislation is a all-of-government Asia-Pacific rebal- the Senator spoke about earlier that critical part of the U.S. response, we ance with military, economic, and dip- our country has exercised. also must work with our allies, as I lomatic attention and resource prior- I really do believe that passage of mentioned before, to stand as a united ities to this part of the world. this bill today, and an ultimate signa- international community. Since my election to the Senate, I ture by the President, has the poten- Today, our allies Japan and South have made it a priority to visit this re- tial to unleash the same chain of Korea took additional measures gion every year. Most recently, this events that occurred relative to Iran, against Pyongyang. Japan declared past summer, I visited Japan and hopefully with a better outcome. that all North Korean ships, including Guam. I traveled to South Korea in Again, I thank the Senator for his ef- those for humanitarian purposes, 2013, and I know that our allies are forts. would be banned from coming to Japa- counting on us to keep our focus on the Mr. President, I ask unanimous con- nese ports. Third-country ships that Asia-Pacific and work with them to sent that any time spent in a quorum visited North Korea would also be maintain stability and prosperity in call before the vote in relation to H.R. banned from entering. South Korea an- this part of the world. 757 be charged equally against both nounced it would pull out of a joint in- I urge my colleagues to send a strong sides. dustrial complex that it ran with message to North Korea and our allies The PRESIDING OFFICER. Without North Korea at Kaesong. by not only supporting the North Ko- objection, it is so ordered. I agree with Secretary Kerry that the rean Sanctions Enforcement Act, but Mr. CORKER. Mr. President, I sug- U.N. Security Council must act swiftly also by supporting the rebalance to the gest the absence of a quorum. to impose penalties for North Korea’s Asia-Pacific. The PRESIDING OFFICER. The violations of U.N. resolutions. China I yield the floor. clerk will call the roll. needs to join the international commu- Mr. President, I suggest the absence The legislative clerk proceeded to nity in supporting sanctions against of a quorum. call the roll. Pyongyang and should use its leverage The PRESIDING OFFICER. The Ms. HIRONO. Mr. President, I ask as North Korea’s largest trading part- clerk will call the roll. unanimous consent that the order for ner to expand U.S. sanctions. The legislative clerk proceeded to the quorum call be rescinded. This is an opportunity for the U.S. call the roll. The PRESIDING OFFICER. Without and China to work together toward a Mr. COONS. Mr. President, I ask objection, it is so ordered. common goal—a denuclearized Korean unanimous consent that the order for Ms. HIRONO. Mr. President, I rise to peninsula. the quorum call be rescinded. speak in strong support of the North While our country is engaged in the The PRESIDING OFFICER. Without Korea Sanctions Enforcement Act. campaign to destroy ISIL, North Ko- objection, it is so ordered. This legislation serves as a critical rea’s serious provocations demonstrate Mr. COONS. Mr. President, many of component of the U.S. response to the that we cannot take our attention my colleagues, both Republicans and North Korean regime’s dangerous and away from the Asia-Pacific region. The Democrats, have taken to the floor destabilizing acts. These acts are just United States has longstanding stra- today in support of the North Korea the latest in a series of flagrant viola- tegic interests and commitments to Sanctions and Policy Enhancement tions of the U.N. Security Council’s the security of the Asia-Pacific area. It Act. It is a bill that I, too, am pleased resolutions against North Korea’s use is a priority to maintain stability in to support. of ballistic missiles and nuclear tech- the region where the United States has This bill was developed in the Senate nology. five treaty allies and many security Foreign Relations Committee through North Korea’s unpredictable behav- partnerships. We must ensure that our the same spirit of collaboration and ior, combined with their commitment solid commitment to defend South collegiality in America’s best interests to advancing their nuclear and missile Korea and Japan remains firm. that we have seen in this committee capability, present a serious threat to While passing this sanctions bill is time and again. Senators GARDNER and our country and our allies. important to demonstrate our resolve MENENDEZ deserve real praise for their My support of this bill is grounded in and leadership, clearly this is not work together drafting this bill, and I my belief that the United States must enough in the face of North Korea’s thank and commend Chairman CORKER stand with our allies and lead an inter- provocations. We need to cooperate and Ranking Member CARDIN for lead- national response that condemns North with our allies on missile defense. As ing an open amendment process within

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR16\S10FE6.000 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 1601 the committee that strengthened the ment of a nuclear weapon. We are see- guarantee the IAEA can seek access to bill with truly constructive changes— ing the same tendency play out today suspicious undeclared locations. This among them an amendment from Sen- as some of my colleagues have pro- Additional Protocol, a key deterrent to ator MARKEY to crack down on trans- moted a false comparison between the cheating, didn’t even exist in 1994. The fers of conventional weapons to and JCPOA and the 1994 agreed framework, nuclear deal with Iran contains defined from North Korea, and another from which the United States negotiated timelines for access to suspect poten- Senator SHAHEEN, which makes sure with North Korea with the goal of stop- tial nuclear sites and a dispute resolu- these new sanctions will not impede ping North Korea from developing a tion mechanism that will resolve dif- our ability to recover the remains of nuclear weapon. These comparisons ferences between Iran and the inter- any lost American servicemember in make a false implication that just be- national community in favor of access- North Korea. cause the 1994 framework utterly failed ing inspection. The 1994 agreed frame- I want to thank Senators CORKER and to keep North Korea from pursuing an work didn’t include any of these pro- CARDIN not only for advancing this bill illicit nuclear weapons program, the tections. but, just as importantly, for leading JCPOA is destined to similarly fail Fifth, the JCPOA is an agreement be- the Foreign Relations Committee in a with regard to Iran. I will take a mo- tween Iran and the international com- bipartisan spirit that reflects the best ment to explain why this comparison is munity. While the United States main- of the Senate in an uncertain world. inaccurate at best and dangerously tains its ability to snap back inter- This is a strong bill, and I am confident misleading at worst. national sanctions to punish Iran, the it will enhance sanctions against North First the 1994 framework with North strength of the deal is not just from Korea in response to the regime’s nu- Korea was just that—a brief framework U.S. support but from buy-in from our clear test last month and its dangerous or outline, its text just three pages P5+1 partners—the United Kingdom, nuclear missile launch last weekend. It long. The nuclear agreement with Iran, France, Germany, Russia, and China— is a clear, direct response that sends an on the other hand, is nearly 160 pages— and we have to continue to work to- unmistakable signal to North Korea thorough, detailed, and comprehensive, gether tirelessly on a bipartisan basis and the world that we intend to con- outlining the international commu- to ensure that those partners remain tinue to be actively engaged. nity’s expectations, specifying dead- partners in enforcement of the deal. Sixth, the JCPOA puts incentives in Frankly, the floor debate this week lines of deliverables, and laying out in the right place, halting any sanctions at some moments has not always re- clear terms the consequences for viola- relief for Iran until after the inter- flected that same bipartisan spirit and tions of the deal. national community verified it had the same spirit in which the House The second difference between the complied with the core terms of the overwhelmingly passed a similar bill two is just as fundamental. The 1994 deal. The 1994 framework allowed last month. Somehow the debate has at agreed framework with North Korea North Korea compensation and sanc- times shifted from questions of how did not seek to block North Korea’s tions relief simply for signing up before best to punish North Korea for its ille- plutonium pathway to a nuclear weap- the agreement was even implemented— gal actions and how we can pull to- on. Not only does it eliminate its abil- clearly a fatal flaw. gether in that effort to questions about ity to produce weapons-grade pluto- Finally, and in some ways most im- President Obama’s broader policy goals nium, but international inspectors portantly, although Iran and North and motives. Suggestions that the have recently certified Iran actually Korea are dangerous, radical regimes— President somehow enabled North did so by filling the core of the Arak revolutionary regimes—and they are Korea to engage in this provocative be- heavy water reactor with concrete. both ostensibly led by Supreme Lead- havior by pursuing a separate nuclear The importance of including this pro- ers, they exist in different regions, agreement with Iran only distract from vision in the JCPOA was made even have different goals, and exist in dif- our shared goal that serves as the foun- clearer yesterday when James Clapper, ferent contexts. I do think that Iran, dation and bipartisan purpose of this the U.S. Director of National Intel- rightly or wrongly, seeks and needs in- legislation. ligence, confirmed that North Korea tegration with the world economy, and I urge a more constructive course. has restarted its plutonium production North Korea continues to be a rogue We should apply the same bipartisan reactor and may begin recovering spent regime isolated from the rest of the spirit in which we developed the North plutonium fuel in a matter of weeks. If world. Korea Sanctions and Policy Enhance- Iran even attempted to do the same, The seven differences this Senator ment Act toward passage of the Iran the international community would has just briefly outlined show the fun- Policy Oversight Act, which was led by now know and would be able to take damental differences between the 1994 Ranking Member CARDIN and which action long before it could achieve its agreed framework with North Korea, will ensure that Congress can exercise objective. which failed, and the JCPOA with Iran, effective oversight of the nuclear The third key difference is this. The which I hope and pray will still prove agreement with Iran. JCPOA allows the IAEA, the Inter- to be successful. We must focus on en- Just as members of the Foreign Rela- national Atomic Energy Agency, full forcing rigorously the terms of the tions Committee worked together to access to monitor Iran’s entire nuclear JCPOA and pushing back on Iran’s bad develop a sanctions bill on North fuel cycle, from uranium mines to behavior in a bipartisan fashion and in Korea, Republicans and Democrats in mills, to centrifuge production work- the same spirit in which my colleagues this body should come together to en- shops, to enrichment facilities. Never in the Foreign Relations Committee force the terms of the nuclear deal before—including back in 1994 with developed this vital and important with Iran and to push back on Iran’s North Korea—has a nuclear agreement North Korea bill. support for terrorism in the Middle given international inspectors such One way we could do so is to pass the East, its ongoing human rights viola- comprehensive access to monitor and Iran Policy Oversight Act, a bill led tions, and its illegal ballistic missile inspect compliance. In fact, when I re- and developed by Senator CARDIN and tests. The Iran Policy Oversight Act of- cently visited the IAEA headquarters the members of the Foreign Relations fers us an incredible way to accomplish in Vienna, Austria, the head of the Committee who were both supporters all of these goals. agency said the access they have got- and opponents of the JCPOA. The Iran When it comes to the recent nuclear ten to Iran’s entire range of nuclear ac- Policy Oversight Act would clarify am- agreement with Iran, also known as tivities goes well beyond the access it biguous provisions in the JCPOA, es- the Joint Comprehensive Plan of Ac- had in North Korea in the 1990s. tablish in statute our commitment to tion or the JCPOA, too often we find The fourth difference is just as cru- enforcing the deal, engage in com- ourselves distracted from the core cial. The JCPOA requires Iran to abide prehensive efforts to counter Iranian question as to whether that deal has by the so-called Additional Protocol activities in the Middle East, and pro- made Iran less able to pursue develop- and other additional measures, which vide increased support to our allies in

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR16\S10FE6.000 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1602 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 February 10, 2016 the region, especially our vital ally, ballistic missiles and associated mate- rean program. I think sometimes there Israel. rials to several countries, including has been so much focus on other coun- I commend Senator CARDIN for his Iran and Syria, and its assistance to tries’ programs—I know Senator GARD- leadership in drafting a bill strong Syria’s construction of a nuclear reac- NER alluded to some aspects of it in his enough to earn the cosponsorship of tor . . . illustrate its willingness to comments—but North Korea’s nuclear both supporters and opponents of that proliferate dangerous technologies.’’ program actually dates back to the nuclear deal. We have known that Iran and North 1950s, when they pursued nuclear en- Even in a dysfunctional Congress, to- Korea have been cooperating on bal- ergy cooperation with the Soviet day’s debate and passage of the North listic missile technology, and it has Union. Korea Sanctions and Policy Enhance- been suspected for over a decade that In ensuing years, North Korea ac- ment Act shows that we can come to- they are also working together on nu- quired a full nuclear fuel cycle, includ- gether to make our country safer in clear weapons development as well as ing plutonium, reprocessing, and ura- the face of a dangerous world. Congress ballistic technology. In the wake of the nium enrichment capabilities. So this did the same last May when we came nuclear agreement with Iran, Iran is goes back to the 1950s, but in 2003 together to enact the Iran Nuclear starting to see a flow of funds from North Korea announced its withdrawal Agreement Review Act, which gave sanctions relief of potentially over $100 from the Nuclear Non-Proliferation Congress a clear and focused oppor- billion. As Iran gets this flow of cash, Treaty and conducted four nuclear tunity to review the terms of the this Senator is concerned that we will weapons tests in 2006, 2009, 2013, and JCPOA before it was finalized. We can see this illicit cooperation increase and 2016. and must do similar things again. that Iran will use some of these funds Experts believe the first two nuclear We should work together, Repub- to pay North Korea for further testing tests were plutonium based, and ana- licans and Democrats, in the spirit of and technology. lysts assess the third nuclear test may the North Korea Sanctions and Policy This amendment No. 3294 would re- have used highly enriched uranium. So Enhancement Act and the Iran Nuclear quire a semiannual report to Congress; they are on a two-track route. On Jan- Review Act to introduce, debate, and that is all. This report would cover uary 6, 2016, North Korea announced pass legislation to show Iran and our North Korea’s cooperation with Iran on that it successfully tested its first hy- allies that the United States is serious nuclear weapon and ballistic missile drogen bomb. We don’t have verifica- about continuing to hold them ac- testing, development, and research. We tion of that. We don’t have intelligence countable for their bad behavior and to have been asking for this information back that would verify that was the continue to demonstrate our leadership and have not received it in a timely type of test that took place. in the Pacific region and our deter- fashion. Today North Korea possesses nuclear mination to contain North Korea’s The administration would also be re- weapons, a longstanding plutonium nu- dangerous nuclear activities. quired to disclose to Congress the iden- clear program at Yougbyon, and a ura- Thank you, Mr. President. tity of individuals who have knowingly nium enrichment capability which it With that, I yield the floor. engaged in or directed material support revealed in 2010 after years of denials. The PRESIDING OFFICER. The Sen- for or exchanged information between Open-source estimates of North Korea’s ator from Georgia. the governments of Iran and North nuclear arsenal vary from 10 devices to Mr. PERDUE. Mr. President, I rise Korea for their nuclear programs in nearly 100 weapons, but most experts today to speak on an amendment I sub- this semiannual report. In order for us believe North Korea’s nuclear arsenal mitted to the North Korea Sanctions to tackle this problem head-on and to is somewhere in the range of 10 to 20 Enforcement Act. This bill we are con- take steps to halt this illicit coopera- devices that are made of both pluto- sidering today will provide a more ro- tion, we need a full report from the ad- nium and highly enriched uranium. bust set of tools to confront the nu- ministration. It is as simple as that. North Korea’s weapons of mass de- clear threat from Pyongyang by ex- That is all this amendment does. struction extend beyond its nuclear ca- panding and tightening enforcement on I am glad to see this body moving so pabilities to include biological and North Korea. swiftly to enact punitive sanctions on chemical weapons programs. It also This bill goes beyond sanctions and North Korea for its recent actions, and maintains an extensive long-range bal- calls for a more forceful response to this amendment will help further listic missile program which poses a di- North Korea’s cyber attacks and strengthen efforts to punish rogue re- rect threat to allies, U.S. forces in the human rights abuses. We now have an gimes. Asia-Pacific, and the United States. opportunity to highlight North Korea’s I would also like to applaud the ef- The Presiding Officer lives in a part cooperation with Iran on nuclear weap- forts of my colleagues on the Foreign of the world that is most directly cer- ons and ballistic missile development. Relations Committee—Senator GARD- tainly at threat. North Korea’s nuclear North Korea’s nuclear cooperation NER, Chairman CORKER, and Senator program dates back to the 1970s. In with Iran is widely suspected, and yet MENENDEZ—for their work on getting 1984, North Korea conducted its first the Obama administration has been re- this bill through committee and to the ballistic missile test of a Scud-B bal- luctant to disclose what it knows to floor. Their leadership on this issue has listic missile. North Korea’s ballistic Congress. been tremendous, and I look forward to missile arsenal includes shorter range Last month, North Korea conducted working with them on the floor to see Scud missiles that can travel nearly its fourth nuclear weapons test. Ira- its passage. 300 miles, No Dong missiles that can nian officials reportedly traveled to Thank you, and I yield back. travel upward of 800 miles, and several North Korea to witness its three pre- I suggest the absence of a quorum. longer range missiles that can travel vious nuclear tests in 2006, 2009, and The PRESIDING OFFICER. The from 4,000 upward to 6,000 miles. 2013. Given this trend, it would not be clerk will call the roll. In April 2012, North Korea displayed surprising at all if Iranians were actu- The legislative clerk proceeded to at a military parade a new long-range ally present in North Korea’s test just call the roll. missile variant known as KN–08. The last month. Just before North Korea’s Mr. CORKER. Mr. President, I ask missile was displayed on a Chinese- 2013 test, a senior American official unanimous consent that the order for made transporter erector launcher. In was quoted as saying ‘‘it’s very pos- the quorum call be rescinded. the fall of 2015, North Korea again dis- sible that the North Koreans are test- The PRESIDING OFFICER. Without played, at a military parade, the same ing for two countries.’’ objection, it is so ordered. missile on a Chinese TEL. In December Yesterday, the Director of National Mr. CORKER. Mr. President, while 2012, North Korea successfully Intelligence, Jim Clapper, provided we are waiting on Senator PETERS to launched the Unha-3 launch vehicle, written testimony to Congress, which be here, I wanted to go through some of placed a satellite into orbit, rep- stated that Pyongyang’s ‘‘export of the history relative to the North Ko- resenting a significant advancement in

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR16\S10FE6.000 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 1603 North Korea’s missile technology capa- Mr. GARDNER. Mr. President, I ask way. Last month, the regime an- bilities. unanimous consent that the order for nounced it had successfully detonated On February 7, 2016, North Korea an- the quorum call be rescinded. a nuclear device as part of its rogue nu- nounced it had successfully launched The PRESIDING OFFICER. Without clear program, the fourth test we have another satellite into orbit using the objection, it is so ordered. detected in North Korea since 2006. Unha-3 launch vehicle. Although the Mr. GARDNER. Mr. President, one of This combination of incompetence, KN–08 missile has not been tested, it is the things that I think we have to con- aggression, and defiance of the inter- believed that the space launch vehicle tinue to reiterate during today’s de- national community is dangerous and technology has some similar techno- bate is that this debate is not about simply cannot stand. logical features of an ICBM. The head the people of North Korea. It is about Just yesterday, the Director of Na- of the U.S. Northern Command, ADM the dictator of the regime, the forgot- tional Intelligence, James Clapper, tes- William Gortney, has stated our gov- ten maniac, Kim Jung Un, and his tified it is likely North Korea has re- ernment assesses that North Korea reign of terror in North Korea, not only started the plutonium reactor that has could miniaturize a nuclear weapon with the 200,000 people who are subject been shuttered since 2007 and could and place it on the KN–08, which would to imprisonment in political camps— begin to recover fissile material within reach the U.S. homeland. Pretty amaz- 200,000 men, women, and children who weeks. ing, really, to think about the progress have been tortured and maimed—but it These defiant acts fly in the face of that has occurred without any real ac- is about his leadership that seems to go existing international sanctions and tions taking place. along with him, a leadership that must be met with a strong and unified Again, this has gone through mul- would aid and abet in the torture and response from the world community. It tiple administrations. North Korea maiming of innocent people. is a step in the right direction that the stands as one of the most foremost I think perhaps this chart, this pic- U.N. Security Council has strongly proliferators of WMD-related materials ture, this satellite image of the Korean condemned North Korea’s actions and and ballistic missile technologies. Peninsula, best illustrates what the vowed to adopt significant new puni- North Korea has engaged in WMD-re- people of North Korea are subjected to tive measures against the regime. However, the dangerous path North lated and missile cooperation with sev- each and every day. You can see North Korea continues down poses a direct eral states, including Iran, Pakistan, Korea right here, a big vast, empty threat to the United States and our al- and Libya. space at night, very little light, maybe lies, particularly South Korea and North Korea also assisted Syria in Pyongyang, the brightest light point Japan. We must go further and take ac- the construction of a plutonium-based compared to Seoul, compared to South tion to punish the North Korean re- nuclear reactor at al-Kibar, until Israel Korea, compared to their neighbors in destroyed that facility in 2007. In addi- gime and those who aid and abet in its the south, their family members in the tion, it has been reported that North provocative actions. south because they have been deprived Korea assisted both Iran and Pakistan The legislation before us today would of an economy, because they have been with nuclear weapons design activities. significantly enhance our ability to deprived of an opportunity, and be- Again, I think it is very timely that we curb the North Korean nuclear pro- cause the people of North Korea have are taking this up—actually beyond gram. The bill requires the President been deprived of the freedoms their time—with the most recent activities to sanction anyone who knowingly sup- South Korean neighbors have enjoyed. that have taken place. This is timely. ports the North Korean regime, wheth- Obviously, the policy—again, Standing on the DMZ—and I know er by furnishing materials for North through multiple administrations, the Presiding Officer has been there as Korean weapons programs or by selling multiple Congresses—has really been well—standing on the DMZ, you can luxury goods to corrupt government of- left untouched in a significant way. I see the differences between the devel- ficials while so many North Koreans truly do believe the legislation that opment of North Korea and South Ko- live in poverty. hopefully will pass this body today rean. In just a few moments—I notice The bill also provides exemptions for with overwhelming support will be the my colleague from Michigan is here humanitarian organizations that work beginning of a process. We just have and is scheduled to speak. In just a few to relieve the suffering of millions of seen, by the way, with it being known minutes I will go into this chart a lit- North Koreans. We must continue to that the U.S. House and Senate were tle bit more about how this bill not let the people under the rule of this probably going to pass a very strong only creates mandatory sanctions but brutal regime know that we stand with piece of legislation—we are now seeing also will give us tolls to help the people them in their democratic aspirations, other countries in the region stepping of North Korea. even as their government continues to up. With that, I will yield the floor to my threaten the international community. Again, it speaks to the power of us colleague Senator PETERS from Michi- I commend the efforts of the Foreign speaking in one voice and again push- gan, whom I have had great opportuni- Relations Committee and particularly ing, as we did on Iran years ago, push- ties to work with before on legislation Senators Menendez and Gardner for ing the international community to from telecommunications to cars that their work on this important legisla- join in with us. Again, as I said earlier, communicate with each other. I am tion. I am still disappointed that the U.N. grateful he is here to speak on this bill The United States has long led the Security Council cannot function—can- as well. world in working to curb the threat of not function—in a way to speak more The PRESIDING OFFICER (Mr. nuclear proliferation. We lead through collectively in that way, but I am glad ROUNDS). The Senator from Michigan. sustained commitments to securing to see that countries in the region, as Mr. PETERS. Mr. President, I rise in fissile material, such as spearheading a result of certainly the stances being support of legislation currently before the effort to secure loose nukes after taken here and as a result of their own the Senate to crack down on the North the fall of the Soviet Union. We lead concerns about what is happening with Korean regime’s repeated nuclear through precedence set in the bilateral North Korea—I am glad to see it looks provocations. I would certainly like to 123 agreements, agreeing to share civil- as though we are beginning to push thank my colleague Senator GARDNER ian nuclear technology so partner toward more international efforts for his leadership on this issue as well. countries can diversify their energy against North Korea. Four days ago, on February 6, the mix while explicitly preventing them With that, I suggest the absence of a world watched North Korea launch a from enriching uranium on their own quorum. rocket into space, in what was clearly soil. The PRESIDING OFFICER. The an effort to test its advanced ballistic In the years to come, our leadership clerk will call the roll. missile technology. The North Korean is necessary to raise this global stand- The legislative clerk proceeded to satellite is now tumbling in orbit and ard even higher for every country re- call the roll. incapable of functioning in any useful garding the enrichment of uranium. We

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The United who heads Pacific Command, to rank think most people realize that in addi- States has moral authority on this the areas of the world that he was most tion to its belligerence and its vio- issue because we have led by example, concerned about, the regimes that he lating international norms, North committing to reductions in our own thought represented the biggest danger Korea is a serial human rights abuser. nuclear arsenal in the interest of a to peace. He listed North Korea as Literally, because of its focus on its fi- safer world. We must continue to work No. 1. nances on military arms and its stand- with unity of purpose and act to stem That may be because of the prox- ing army, North Korea has seen many, the spread of nuclear materials to imity of his area of responsibility to many, many of its people starve to rogue states and terrorist organiza- North Korea, but there is no question death for lack of an adequate food sup- tions. an unstable leader with nuclear weap- ply. So this is a rogue regime, it is a Nowhere is American leadership ons and intercontinental ballistic mis- dangerous regime, and one we need to more necessary than in the case of the siles is a threat not only to the region make sure feels the consequences of its Iranian nuclear program. I was proud but to the United States as well. actions. to cosponsor the initial effort to pass We know over the weekend North This bill will help hold North Korea sanctions against Iran in 2009 and help Korea successfully launched a long- accountable, which is more than we pass additional sanctions in the years range rocket and put a satellite into have seen from the administration. I since. I firmly believe crippling sanc- orbit. This was done in defiance of want to point out that North Korea’s tions are what brought Iran to the ne- sanctions and represents a dangerous provocative actions are just another gotiating table and the threat of addi- trend of an increasingly hostile and un- symptom of the Obama doctrine gone tional sanctions enhanced our bar- stable North Korea. It was particularly wrong. I mentioned strategic patience, gaining position during the pains- alarming for several reasons. which is hardly a strategy for keeping taking negotiations that led to the First, the same technology that put the world safe. JCPOA. Our work to unite world pow- that satellite in orbit can be used to Unfortunately, this is not an isolated ers behind this effort led to an agree- deliver a nuclear weapon. Long-range incident. Through his words and deeds, ment that curbs Iran’s nuclear pro- ballistic missiles have the potential to the President continues to discredit gram in the short term, but in the hit the U.S. homeland. That is why and undercut American leadership longer term we need to stand ready to North Korea has been considered a seri- around the world. As a result, the act swiftly and decisively against any ous threat to our country, not just the world is even more unstable and con- Iranian violations of the JCPOA, large region but our country as well. The flict-ridden than when he assumed of- or small. timing of this launch was also very fice. It is absolutely the fact that in The JCPOA is not the end of our mul- concerning because just last month the absence of American leadership, tilateral efforts against Iran and its il- North Korea claimed it had tested the tyrants, thugs, and bullies feel licit behavior, just as the legislation components of a hydrogen bomb, a emboldened, and our friends and allies before us today is not the end of our thermonuclear weapon that is more question our loyalty and whether they multilateral efforts against the North powerful than an atomic bomb—which can rely on us or whether they have to Korean regime and its repeated af- we knew they had, but this represented go it alone and build the capacity to fronts to international security. We an escalation, if it is true. defend themselves in the absence of a will continue to punish regimes that The idea that North Korea could soon strong America. support terrorism, violate human develop advanced nuclear weapons, Many recall that when he ran for of- rights, and illegally seek nuclear weap- along with intercontinental ballistic fice, the President heavily criticized ons. Surely our response to the North missiles, and deliver them to our the foreign policy choices of his prede- Korean provocations will be watched shores is a frightening proposition. Un- cessor, particularly the surge in Iraq. I closely by the Iranian regime, which is fortunately, every day we grow closer happened to be in the Senate during why we must respond swiftly and why to that reality. that time. I remember those debates. we must respond strongly. I will just pause for a minute to say The Democratic leader, Senator REID, The sanctions bill before us today is this is another reason why our missile said the surge would never work, and not a Democratic issue, it is not a Re- defense systems are so important, not many were skeptical because frankly it publican issue. The goal of preventing just to the safety of our friends and al- represented a bold dramatic move. nuclear proliferation has been a unit- lies but also increasingly to the United Well, not only did President Obama’s ing principle of the American foreign States. I know in Colorado a lot of decision to hastily withdraw in Iraq policy for decades, and it must con- those efforts are headed up to provide after the successful surge—not only did tinue to be so. We must come together that effective deterrent and missile de- his decision to hastily withdraw from today to pass this bill quickly and fense system to the threat of the inter- Iraq squander the hard-won progress without opposition to demonstrate in continental ballistic missiles. achieved by the surge, that country is no uncertain terms our unity of pur- I have to be honest with you and say now one of a number of countries in pose in preventing the spread of nu- I am puzzled why the President hasn’t the Middle East in shambles. We are clear weapons. done more on this issue to date, but seeing our friends and our allies—to- I yield the floor. while the President sits on the side- gether with American advisers on the The PRESIDING OFFICER. The as- lines—I think somebody called it stra- ground, special operations forces in a sistant majority leader. tegic patience—it has been a failure, train-and-assist mission—trying to re- Mr. CORNYN. Mr. President, I thank not just patience. Patience I think of gain control of cities such as Ramadi the Senator from Colorado, Mr. GARD- as a virtue but certainly not in this that were won as a result of the blood NER, for his leadership on this issue— context. and the treasure of the United States. together with the chairman of the For- Nevertheless, the Senate will do its Let’s look at a few things where they eign Affairs Committee, Senator part to make sure the regime in North stand today. Over the past 2 years, ISIS CORKER—for bringing us to this mo- Korea feels some consequences for its has captured city after city where ment. This is a rare bipartisan mo- belligerent, illegal actions. Today we American troops shed that blood, ment, where the Senate has come to- will vote on the North Korea Sanctions sweat, and tears to bring relative gether and agreed to debate, vote, and and Policy Enhancement Act. This bill peace. The border that used to exist be- pass an important bill that imposes mandates new sanctions on North Ko- tween Syria and Iraq is gone. It has lit- sanctions on one of the most dangerous rea’s nuclear and ballistic missile pro- erally been erased. In spite of President regimes in the world. gram, and, importantly, it will provide Obama’s misguided nuclear deal with

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Korea—is trying to come to the floor force against ISIS, and we find out the What we heard was that, increas- and speak about Iran after having al- real reason he did that is not because ingly, our jails and our prisons, our lowed the President’s ill-advised nu- he thinks he lacks authority to do criminal justice system, and the home- clear deal to go through, which guaran- what he is doing now but because they less that we see on our streets are a tees a pathway for Iran to acquire nu- want to tie the hands of future Presi- product of a failed policy—one that clear weapons. dents in terms of what that President said: Yes, we need to move people out As a result of the administration’s could do under that authorization for of institutions and out of hospitals. paralysis, Syria, too, has plunged deep- the use of military force. But we keep But, of course, there is the promise—or er and deeper into chaos. Now we not asking, and all we hear is crickets—si- at least it was the hope—that they only have a security problem on our lence. We keep asking for a serious, would have somewhere else to go to get hands, we have millions of Syrian and comprehensive strategy to guide the treatment and housing and the like. Iraqi refugees internally displaced or foreign policy and national security ef- Today what we heard reaffirmed from flooding across international borders forts of the United States, and the the sheriff of Bexar County, TX—San into places such as Turkey, Jordan, President simply doesn’t feel like it is Antonio, my hometown—and from so Lebanon, and Europe. I have visited his obligation to deliver one, opting in- many of the other witnesses from some of those refugee camps in Turkey stead for tactics that are guaranteed across the country is that now our and Jordan. These people are doing not to win, saying: Well, we bombed jails, our prisons, and the criminal jus- what we all would do. They are fleeing ISIS. tice systems have become de facto for their survival because frankly, once Well, that is all well and fine. But at warehouses for the mentally ill, com- the President drew that red line in some point, once you bomb ISIS, unless pletely ill-suited to deal with what Syria, when it came to the use of ille- you have somebody who can occupy they need, which is treatment, super- gal weapons, the President never did that territory, the terrorists are going vision, and help—and the families, too, anything to enforce it or make sure to come right back in. We have friends who need additional tools available for that Bashar al-Assad felt or suffered and allies, such as the Kurds and other them to turn to when they need help any consequences. So the President’s countries in the Middle East that have with a loved one who has become men- tally ill. inaction, time after time, place after said: Well, we will help be the boots on So I have introduced legislation that place, has real consequences. The vacu- the ground if you will help supply us, we talked about during the hearing to which they are not provided any sort um left as a result of the U.S. retreat today called the Mental Health and in the Middle East has provided an of answer. Safe Communities Act, modeled off of I believe the American people do de- open door for other countries to expand successful experiments and programs serve better, and the men and women their influence there, as we have seen in places like North Carolina, which we in uniform who have put their lives on and as we continue to see on a daily heard from before, San Antonio, Vir- the line deserve better. They deserve a basis. ginia, and elsewhere. I am sure there strategy. They deserve the support to Russia is the prime example. It con- are a number of good stories. tinues to extend its influence through be able to accomplish the mission their This is the way I think Congress indiscriminate bombing campaigns country has asked them to accomplish. ought to legislate, rather than to that yield little regard for civilian So I am glad that in the absence of dream up here behind closed doors lives. The Russian bombing campaign leadership from the White House, the some grand scheme—the masters of the doesn’t distinguish between combat- Congress has decided to take up some universe trying to decide what is good ants and civilians. Russian forces are of the slack here to fill the gap left by for all 320 million of us in a one-size- even actively fighting against Amer- the President’s inattention to this im- fits-all approach. We have seen the dis- ican-backed groups and working to un- portant issue. If the President won’t astrous consequences of that sort of dermine them at every turn. step up to the plate and take these thinking. Rather than that, let’s look Of course this doesn’t even touch on threats seriously enough to come up at what has actually proven to work in Russia’s aggressive actions along its with a strategy to actually defeat our cities, counties, and our States, own border with respect to Ukraine in them, the American people can trust and then scale that up, where appro- NATO’s backyard. Unfortunately, Rus- the Senate to address it, and we will do priate, to apply more broadly after we sia has no reason to believe that the so today on a bipartisan basis, insofar have proven that it actually works. United States, under the current lead- as it applies to the threat in North That is what my legislation, the Men- ership of the Commander in Chief, will Korea. tal Health and Safe Communities Act, challenge it anywhere—not in the Mid- So it is my hope that we will send a is designed to do. dle East, not in Europe. strong bipartisan message to North As we will look—I believe tomor- I could go on and on about other Korea that their repeated provocations row—in the Judiciary Committee at countries that are feeling emboldened, will not go unanswered. the opioid and heroin crisis that is like a belligerent China in the South MENTAL HEALTH AND OUR CRIMINAL JUSTICE being experienced in so many parts of China Sea, or, as I mentioned a mo- SYSTEM our country and as we look, as we have, ment ago, a newly financed and Mr. President, I just came from a at reforming our prison systems to pro- emboldened Iran, the No. 1 state spon- Senate Judiciary Committee hearing, vide more incentives for people who are sor of international terrorism. When which was one of the most unusual low-risk and mid-level offenders, if the administration basically wrote a hearings I have attended since the time they will accept the opportunity to check for $50 billion to Iran, that Sec- I have been in the Senate—certainly on help themselves to deal with their un- retary Kerry, Vice President BIDEN, the Judiciary Committee. Usually on derlying drug or alcohol problem, to and others acknowledged could be used the Judiciary Committee the habit is learn a skill, to get a GED, to better to finance international terrorism, it for the majority to select witnesses prepare for life on the outside based on seemed to have no impact whatsoever and then the minority gets to select the experiences in Texas and elsewhere, because they were so determined to cut witnesses, and then witnesses come out we can actually lower crime rates, this bad deal with Iran. and are proxy fighters for the par- lower recidivism rates, and save tax- The point is that our retreat and our ticular policy differences that members payers a lot of money. lack of leadership around the world of the committee have—not today. So whether it is dealing with the only underscore the President’s lack of Today, thanks to Chairman GRASSLEY, mental health issue and its intersec- a larger foreign policy strategy. We the senior Senator from Iowa, the Judi- tion with the criminal justice system

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The lieve it will be with the overwhelming lot to do to make sure that our crimi- President also understood that it bipartisan support that it has—are nal justice system is brought into the shouldn’t be up to America’s military about the Kim Jong Un regime itself. 21st century and that we no longer pun- to solve all of the problems, that there This is about a forgotten maniac in ish people who mainly need help. is not a military solution to the spread North Korea who has deprived his peo- As somebody who is a recovering of radicalization, that internal support ple of economic opportunity, who has member of the Texas judiciary for 13 in the countries must come from the imprisoned 200,000 men, women, and years, I certainly believe there are countries themselves, that we do not children, who has tortured his people, some people whom you can’t help and want to be seen as a conquering power, and who has assassinated members of whom you must punish. But there is a and that it is for the region to defend his own inner circle and leadership. large segment of people—whether it is itself. Yes, we will help, but we are not Today in the morning papers, an arti- drug or alcohol related, or whether it is going to put our ground troops in a sit- cle outlined the death of his chief of mental health issues—who will accept uation where they are used as a re- staff of the army—again, the continued our help and will turn their lives cruitment for radical forces. We also purge of top-level officials under the around if given that opportunity. understand that America leads best Kim Jong Un regime. I just wanted to say a few words when we can get our ideals of good gov- You can see the situation the people about that because I feel so strongly ernance with governments that rep- of North Korea are facing each and about the importance of what we resent all the communities so there is every day. This is a satellite image of talked about at that hearing. no void. President Obama and his ad- the Korean Peninsula at nighttime. The PRESIDING OFFICER. The Sen- ministration have been very strong in You can see the developments in South ator from Maryland. Korea, and you can see Seoul, Korea. Mr. CARDIN. Mr. President, I thank those areas. There are millions of people who live my friend from Texas for the work he With regard to dealing with ISIL, the is doing on the Judiciary Committee. I radical forces that exist today, a policy right across the DMZ. And you can see hope we can continue in that bipar- is well understood: Cut off their sup- the conditions the people of North tisan spirit to deal with addiction and, port. Cut off their support in regards to Korea are suffering under—an economy I hope, improvements in our criminal recruitment by having representative that has failed, an economy that has justice system, providing resources to governments. Cut off their support by failed to develop to give them the same people who have addiction needs. I dealing with their oil supplies and kinds of opportunities other people in know there is a strong bipartisan effort their looting and extortion. Cut off the Korean Peninsula are sharing. This bill also promotes human rights. to deal with community mental health their support by taking back territory so we can get services in our commu- in a way that we can control that terri- I want to point out section 301. This nity. This is not a partisan issue. I am tory. That is what we have seen hap- section requires the President to study glad to see that the work by the Judi- pening, certainly in the last several the feasibility of bringing unmonitored ciary Committee is productive in try- months, as territory that was formally and inexpensive cellular and Internet ing to lead to those conclusions. held by ISIL is now being held by the communications to the people of North I do want to, though, comment a lit- Government of Iraq, particularly, but Korea and trying to break through the tle bit on what was said in regards to also Syria. emptiness of North Korea—the commu- the Obama administration. We are here So I just wanted to correct on this nication barriers, the firewalls—to try together with a bill on North Korea day when we are bringing up the North to get around the North Korean regime that is not partisan at all. Democrats Korea bill, that every President since that doesn’t want the people of North and Republicans are working together. the Korean War has had challenges in Korea to understand they can live bet- There is no division between Congress dealing with the problems in North ter lives. and the White House. We all believe we Korea and that we are together on this Section 302 directs the Secretary of have to isolate North Korea and its issue as a Congress and as a Nation to State to develop a comprehensive conduct. The administration has been isolate North Korea. It is not just their strategy to promote human rights in very strong in actions in the United nuclear weapon program. As I pointed North Korea and combat its forced Nations, keeping us closely informed, out earlier, it is their cyber attacks, labor practices, including a diplomatic and we very much want to work with a their human rights violations, and all outreach plan and a public diplomacy strong, united voice. That is how we those issues to which we are speaking awareness campaign, what we can do keep our country the strongest, and with a very strong voice today. I hope together to try to bring awareness to that is what we should do on national that as Democrats and Republicans, North Koreans. Let them know that if security. So let me just try to fill in the House and Senate, the President they have family members in South the record a little bit from the previous and Congress speak with a strong, uni- Korea—what kind of opportunities peo- comments made about the Obama ad- fied voice, America’s national security ple in South Korea are sharing. ministration. interests will be better served. It wasn’t that long ago—a few dec- Let us remember that the Obama ad- I yield the floor. ades ago—that North Korea had a more ministration took over after, I would The PRESIDING OFFICER. The Sen- vibrant economy than South Korea, say, a failed policy in the Middle East ator from Colorado. but that is certainly not the case in which we went into Afghanistan—as Mr. GARDNER. Mr. President, today. If you stand on this line, if you we should have because of the attack throughout this debate we continue to stand on the DMZ and you look north on our country. But before completing remind the people around America that into North Korea, you see the hillsides Afghanistan, the previous administra- this North Korea Sanctions and Policy that have been completely deforested tion went into Iraq, using our military Enhancement Act is not intended to and all of the vegetation removed be- first rather than looking for a solution bow to the people of North Korea. cause people lacked food in North that would provide the type of stability Rather, our efforts are to try to help Korea, so they cut down the trees and in that region to prevent the spread of ensure that we are doing everything we created wood soup so they would have radicalization. Instead, governments can to help stand up for the people of something to fill their stomachs be- were formed that didn’t represent all of North Korea, to give them the kinds of cause the North Korean regime of Kim the communities, and we saw splinter economic opportunities and freedoms Jong Un failed do so. You look at the groups formed and the recruitment for from which they have been deprived by south, and you can see the hills, vege- extreme elements. this regime under Kim Jong Un. tation, development, prosperity. We

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Finally, according to the Director of great leader when it comes to the issue Well, four nuclear tests, three Kims, National Intelligence: of human rights, and he has worked two violations of U.N. Security Council resolutions, and one attempt by North North Korea probably remains capable and with me on this legislation. I worked willing to launch disruptive or destructive with him to make sure we created a bi- Korea to transfer nuclear technology cyberattacks to support its political objec- partisan solution to this great chal- to Syria later, it is clearly time for the tives. lenge that is North Korea today. I com- United States to start taking the Although it hasn’t received the at- mend Senator MENENDEZ for the work North Korea challenge seriously. tention it deserved during today’s de- In fact, today it is estimated that and the opportunity to present the bi- bate, the Gardner-Menendez substitute North Korea has accumulated enough partisan solution before the Senate addresses the cyber security threat fissile material for more than a dozen today. with robust sanctions against those nuclear weapons. It has now conducted I yield back and will listen to the who control North Korea’s cyber war- four nuclear explosive tests, as you can words of Senator MENENDEZ. fare apparatus. The adoption of the see from this chart, starting in October The PRESIDING OFFICER. The Sen- Gardner-Menendez legislation creates a of 2006, and with it, the quake mag- ator from New Jersey. new policy framework that combines nitude has risen with virtually every Mr. MENENDEZ. Mr. President, let effective sanctions and effective mili- test. It has developed a modern gas me first start off by thanking the lead- tary countermeasures that can stop centrifuge uranium enrichment pro- ership of the Senate Foreign Relations North Korea’s nuclear ambitions, ad- gram to go along with its plutonium Committee, Chairman CORKER and dress cyber security issues, and bring stockpile. It has tested ballistic mis- Ranking Member CARDIN, for creating some sanity back to the political cal- siles. It is seeking to develop the capa- the environment to have strong bipar- culus—a new policy framework that bility to match a nuclear warhead to tisan legislation on a critical issue leaves no doubt about our determina- an intercontinental ballistic missile. that affects the national interests and tion to neutralize any threat North security of the United States and be- Kim Jong Un has consolidated his grip on power, and he seems deter- Korea may present, with robust, real- yond that, in general, creating a strong istic diplomacy toward the clear goal bipartisan environment that I think is mined to proceed on a course of ‘‘byungjin,’’ Kim Jong Un’s policy that of a denuclearized Korean Peninsula. critical to U.S. foreign policy. It is a This bipartisan bill, approved unani- strengthens both his military and his tone I tried to set when I had the privi- mously by the Senate Foreign Rela- economy as opposed to strengthening lege of being the chairman and Senator tions Committee in January, expands CORKER was the ranking member, and I one or the other. Taken together, these developments and tightens enforcement of sanctions appreciate his leadership in continuing from North Korea’s nuclear and bal- in the same spirit, and, of course, Sen- present a growing danger that could set North Korea on a path to becoming listic missile development and other ator CARDIN, who worked very hard on destructive activities of the Kim re- maintaining that environment. I appre- a small nuclear power. It is a scenario which could lead other nations in the gime. It requires the President to in- ciate that they created the where- vestigate sanctionable conduct, includ- withal to bring us here today. region to reconsider their own commit- ments to nonproliferation, and it could ing proliferation of weapons of mass I also thank Senator GARDNER, the destruction, arms-related materials, East Asia Subcommittee chairman, for embolden North Korea in its relations with other bad actors such as Syria and luxury goods, human rights abuses, ac- working with me to bring legislation in tivities undermining cyber security, which we can come together in a Iran. I know it has been referenced, but I and the provision of industrial mate- strong bipartisan voice because when rials, such as precious metals or coal, the Nation speaks with one voice, it think it is worthy that when the Direc- tor of National Intelligence—the per- for use in a tailored set of activities, speaks most powerfully to both friends including weapons of mass destruction and foes across the world. It has been a son in charge of amassing all of our in- telligence as a country—James Clap- proliferation activities or for use in privilege to work with Senator GARD- per, in testimony before the Armed prison and labor camps. NER and to see his vision of how we Under our substitute, the President deal with this and merge my vision of Services Committee, says the fol- lowing, it is worth repeating: is mandated to sanction any person how we deal with it, and together I found to have materially contributed think we have come up with the most North Korea’s export of ballistic missiles and associated materials to several coun- to, engaged in, or facilitated any of comprehensive strategic effort to deal tries, including Iran and Syria, and its as- those above activities. Penalties would with North Korea. I want to salute sistance to Syria’s construction of a nuclear include the seizure of assets, visa bans, him, and I thank him for working with reactor, destroyed in 2007, illustrates its and denial of government contracts. me. willingness to proliferate dangerous tech- To provide some flexibility, we have Given the North Korean regime’s re- nologies. ensured that this and future adminis- cent test of what most agree is a bal- Director Clapper went on to say that trations retain the discretionary au- listic missile—what U.N. Secretary following North Korea’s third nuclear thority to sanction any entity or per- General Ban Ki-moon characterized as test, Pyongyang said it would ‘‘refur- son transferring or facilitating the ‘‘deeply deplorable’’ and in violation of bish and restart’’ its nuclear facilities, transfer of financial assets and prop- Security Council resolutions—one to include the uranium enrichment fa- erty of the North Korean regime. thing is abundantly clear when you cility at Yongbyon—shut down in The bill also requires the Secretary look at this photograph: It is time to 2007—and that it has followed through of the Treasury to determine whether take North Korea seriously. by expanding its Yongbyon enrichment North Korea is a primary money laun- For too many years, the standard re- facility and restarting the plutonium dering concern, and if such a deter- sponse of Republican and Democratic production reactor which has been on- mination is made, assets may be administrations alike whenever North line long enough to begin recovering blocked and special measures applied Korea stages a provocation has been to plutonium from spent fuels within against those involved. dismiss the seriousness of the threat. weeks or maybe months. From a strategic perspective, the bill We tend to see it as a strange regime He told the committee: would promote a strategy to improve seemingly disconnected from geo- Pyongyang is also committed to devel- implementation and enforcement of political reality, something of a par- oping a long-range, nuclear-armed missile multilateral sanctions, a strategy to

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR16\S10FE6.000 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1608 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 February 10, 2016 combat North Korean cyber activities, North, absent a solid foundation for a Act. I urge my colleagues in the other and a strategy to promote and encour- policy that is rooted in the U.S.-South Chamber to concur, and I look forward age international engagement on North Korea alliance. In President Park we to the President quickly signing this Korean human rights-related issues. have an important partner. I have vis- legislation into law. There are reporting requirements re- ited South Korea and met with Presi- If the international community is se- lating to these strategies as well as a dent Park. He is someone we can easily rious about meeting the threat that report on political prison camps and a consult with and work closely with to North Korea poses, we should see meas- feasibility study on providing commu- chart out a future course in dealing ures like this act adopted by the nications equipment to the people of with North Korea. Our partnership United Nations and implemented by all North Korea so we can permeate the with Japan presents new opportunities of its member states. The international opportunity for information to flow to for building a more effective approach community should stand together with the people of North Korea. to dealing with Pyongyang. a single voice and one clear message: Last but not least, under the Gard- Whatever one’s views on the various Any provocation will be met with con- ner-Menendez substitute, the State De- U.S. policy efforts of the past 2 dec- sequences that will shake the Kim re- partment is required to expand the ades—what has worked, what has not gime to its foundation. That is the op- scope and frequency of travel warnings worked, and why—there can be little portunity we have to set the course for North Korea. question that these efforts have failed here today in the Senate. I think one of That is what we think about most of to end North Korea’s nuclear ambitions the most powerful moments is when the time when we think about North or end its missile programs. They have the Senate acts in a strong, bipartisan Korea, but there is another dimension failed to reduce the threat posed by fashion that sends a message that will beyond nuclear challenges, missile North Korea to our allies, failed to al- create a ripple effect not only here but challenges, proliferation of weapons of leviate the suffering of North Korea’s across the world. mass destruction, and that is the con- people, and failed to lead to greater se- I look forward to what I hope will be cern that there remain serious, unan- curity in the region. an incredibly robust, if not unanimous, swered questions about human rights Let me be clear. I have no illusions vote on this legislation. and the lot of the North Korean people. that there are easy answers when it With that, I yield the floor. We need only read headlines like the comes to dealing with a regime like The PRESIDING OFFICER. The Sen- ones on this chart: ‘‘Life in a North Ko- North Korea. With the passage of this ator from Utah. rean Labor Camp: ‘No Thinking . . . legislation, we have acted in concert Mr. LEE. Mr. President, I thank Sen- Just Fear’ ’’; ‘‘Kim’s former bodyguard not only in a bipartisan effort but with ator GARDNER and Chairman CORKER tells of beatings, starvation in North our values, and we will have estab- for their leadership and tireless efforts Korean prison camp’’; ‘‘North Korean lished a policy for dealing with an un- within the Foreign Relations Com- prison camp is one of the most evil predictable, rogue regime equal to the mittee in dealing with the national se- places on earth—home to 20,000.’’ challenge. I urge this body to have a curity challenges posed by North Under the rule of Kim Jong Un, unanimous vote. It is not enough to Korea. North Korea is one of the most harshly condemn North Korea’s provocation, As a member of the Senate Armed repressive countries in the world. All which is, by all accounts, a violation of Services Committee, I periodically re- basic freedoms have been severely re- ceive intelligence briefings on North stricted under the Kim family’s polit- U.N. Security Council resolutions and international will. It is not enough to Korea’s military capacity and the po- ical dynasty. A 2014 U.N. Commission litical will of North Korea’s leaders to of Inquiry found that abuses in North convene the United Nations Security threaten the United States and our in- Korea were without parallel in any Council for another round of hollow terests abroad. Based on these briefings other country. Extermination, murder, rhetoric that does nothing to the Kim and the extensive intelligence in form- enslavement, torture, imprisonment, regime but signal a lack of inter- ing them, I believe we need to embrace rape, forced abortions, and unspeakable national commitment to enforcing an ‘‘all of the above’’ approach to con- sexual violence are part of the ongoing international will. It is not enough to front North Korea’s continued develop- story of this bizarre regime. do what we have always done and mini- We know that North Korea operates a mize the obvious threat from a rogue ment of ballistic missile, nuclear, and series of secretive prison camps where state living in its own false reality. cyber technologies. These threats have opponents of the government are sent As the coauthor of the sanctions that become too serious to ignore and far and are tortured and abused, starved brought Iran to the negotiating table, I too complex to confront with anything on insufficient rations, and forced into know that the sanctions regime we are short of a coordinated strategy that is hard labor. Collective punishment is structuring here can have a real effect. prepared to employ the full force of the used to silence dissent and instill fear Those who want to deal with North United States Government, including in the North Korean people that they Korea and North Korea’s pursuit of all of our diplomatic, intelligence, eco- could be next. The country has no inde- missile technology and nuclear weap- nomic, and military resources. pendent media. It has no functioning ons will see a consequence to them far As Americans, it can be easy for us civil society, and there is, of course, beyond North Korea. With this bipar- to forget just how lucky we are to live not even a hint of religious freedom ex- tisan legislation, we have before us a in a free and open society. Most of us, cept for the bizarre worship of the line series of meaningful steps that speak myself included, simply have no idea of from which Kim Jong Un hails. That is the only language North Korea’s re- what it is like to live under a totali- the reality, making it abundantly clear gime can understand: aggressive, mate- tarian regime like the one that has that, though security concerns may be rial consequences for aggressive, reck- kept North Koreans in a state of im- our most important priority on the Pe- less provocations. poverished servitude, cut off from the ninsula, they are not and should not be This legislation is the most com- rest of the world for generations. But our only priority. prehensive strategy to deal with the every so often the mask slips, and The legislation we are proposing cre- challenge that North Korea presents. there is an event that gives the world a ates for the first time the basis in law The launch over the weekend and re- clue about what can happen when a na- to designate and sanction North Korea cent nuclear tests makes it clear that tion-state operates and thrives behind for its human rights violations. Such when I introduced this bill last year, it a veil of mystery and secrecy. For me, sanctions would elevate human rights was timely then. We didn’t get to act and many of my fellow Utahans, one of and the fundamental issue of human on it then, but we can do so now. these clues came nearly 12 years ago dignity to be as important as nuclear I urge the Senate, and I urge my col- when a young man from Utah suddenly weapons and ballistic missiles. leagues on both sides of the aisle, to went missing in southern China. At the end of the day, there is no unanimously pass the North Korea In August 2004, David Louis Sneddon basis for successfully dealing with the Sanctions and Policy Enhancement disappeared while hiking in the

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR16\S10FE6.000 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 1609 Yunnan Province of China. He was 24 August 2004, when he was a 24-year-old stu- The Sneddons have had their share of frus- years old at the time and a student at dent at Brigham Young University. He was trations in dealing with the U.S. State De- Brigham Young University in Provo, vacationing in Yunnan Province after com- partment. A senior diplomat wrote the fam- UT. Having spent his summer studying pleting several months of study at Beijing ily last year that ‘‘Under the Privacy Act, International University and before return- we are not permitted to release any informa- Mandarin in Beijing, David wrote to ing to the U.S. for his senior year. Speaking tion about David’s case unless we have his his family about his plans to hike the in Tokyo last month about Mr. Sneddon’s written consent to do so.’’ The diplomat scenic Tiger Leaping Gorge along the disappearance, Keiji Furuya, Japanese min- noted a health-or-safety exception but only Jinsha River in southern China. That ister of state for the abduction issue, told if the family ‘‘has convincing information as was the last time David’s family would me: ‘‘It is most probable that a U.S. national to where the U.S. citizen is located or what ever hear from him. His passport and has been abducted to North Korea.’’ his/her condition may be.’’ credit cards were never used again; The charge that an American citizen was ‘‘We’re living a Catch-22,’’ says David’s brother, Michael Sneddon. ‘‘If our family had they were never seen again. David likely kidnapped by North Korea is note- worthy in and of itself. It is even more so ‘convincing information’ as to David’s Sneddon was never seen again. whereabouts, David would no longer be miss- What happened to David Sneddon? To coming from a cabinet-rank member of the Japanese government about a citizen of an- ing. It’s absurd.’’ The Washington-based my knowledge he is the first American other country. The minister added: ‘‘I would Committee for Human Rights in North Korea since the 1970s to go missing in China not like to speak further about it because it plans to file a Freedom of Information Act without an explanation. What hap- would be an intervention in the domestic af- request for information on actions the State pened to him? How can a young man, fairs of the United States.’’ Department has taken on the Sneddon case, who is skilled in a country’s language Japan is in a unique position to evaluate says executive director Greg Scarlatoiu. North Korea’s kidnapping operation, having The Sneddons refute speculation that and knowledgeable of their culture, David may have disappeared voluntarily. He investigated it for more than 30 years. North simply vanish without a trace? had purchased a plane ticket home, put a Korean agents infiltrated Japan in the 1970s These questions have answers. For down payment on his student housing for the and 1980s, snatched Japanese citizens and fall semester, and made arrangements to more than a decade, David’s family took them back to North Korea. Japanese take the LSAT exam for entry to law school. members, friends, and loved ones, as traveling in Europe were also kidnapped. His Beijing roommate, who traveled with well as regional experts, reporters, and North Korea forced the abductees to teach him until a few days before his disappear- embassy personnel have searched for Japanese language and customs at its spy ance, says David was planning to go home. those answers in vain. For their part, schools so that its agents could travel the Last year, a Tokyo-based research organi- local authorities point to the Jinsha world posing as Japanese nationals. zation published a report citing new evidence River for answers. They contend that In 2002, the late dictator Kim Jong II ad- that North Korea kidnapped Mr. Sneddon. A the lack of physical evidence sur- mitted to the visiting Japanese prime min- source in China told the National Associa- ister, Junichiro Koizumi, that North Korea tion for the Rescue of Japanese Abducted by rounding David’s disappearance could had kidnapped 13 Japanese citizens. Kim did indicate that he fell and was swept North Korea that in August 2004—the date of so in the expectation that his confession his disappearance—Yunnan provincial police away by the river, despite the fact that would pave the way for the normalization of his body was never found. Well, it is arrested an American university student relations with Japan. The move could have who was helping North Korean refugees. A certainly possible for that to happen to had the salutary effect for North Korea of at- second Chinese source told the Japanese re- an unsuspecting tourist hiking on un- tracting Japanese investment and reducing searchers that the Yunnan police handed familiar terrain, but David was not a North Korea’s economic dependence on over the American to North Korean security novice outdoorsman by any stretch of China. Instead, Kim’s confession inflamed agents. In both cases, personal details about Japanese public opinion and made normal- the unnamed student correspond with facts the word. He was an Eagle Scout and ization impossible. an avid hiker who had years of experi- known about David Sneddon. Seven Japanese North Korea allowed five of the abductees parliamentarians traveled to Washington ence trekking over rugged landscapes to go home. It said the other eight victims across the American West. last May to present this evidence to the had died, but the death certificates supplied State Department and Congress. In recent years investigational re- by Pyongyang were found to be fake. Japan For one former Japanese intelligence offi- porters and regional experts have sug- believes those eight victims—as well as oth- cial, the Sneddon disappearance is a case of gested an alternative explanation of ers whom Kim Jong II did not acknowledge— de´ja` vu. The official, who asked not to be David’s disappearance. For instance, on are alive in North Korea. identified by name, compares it to the ab- April 25, 2013, Melanie Kirkpatrick, a In recent years, Pyongyang’s kidnappers duction cases he tracked in the 1970s and have turned their attention to China, where senior fellow at the Hudson Institute 1980s. ‘‘The evidence is always fragmented they have abducted South Korean humani- and isolated,’’ he says. Until Kim Jong II and a well-regarded expert on North tarian workers. The South Koreans were tar- Korea, wrote an excellent article in the confessed to kidnapping 13 Japanese citizens, geted because of their work helping North he notes, some in the Japanese government Wall Street Journal. Koreans escape on an underground railroad refused to acknowledge the abductions for Mr. President, I ask unanimous con- across China to eventual sanctuary in Seoul. fear of alienating Pyongyang. The former in- sent that the article be printed in the This brings us back to David Sneddon. In telligence official has looked at the Sneddon RECORD. addition to speaking Chinese, Mr. Sneddon is evidence and believes there is a strong possi- There being no objection, the mate- fluent in Korean, having spent two years in bility that North Korea kidnapped the Amer- rial was ordered to be printed in the South Korea as a Mormon missionary. This ican. unusual linguistic ability may have thrown RECORD, as follows: The U.N. commission of inquiry will spend suspicion on him. The Sneddon family be- one year gathering and evaluating informa- [From The Wall Street Journal, lieves that David was kidnapped by North tion on North Korea’s abductions. Let’s hope April 25, 2013] Korean agents who mistakenly thought he it discovers what happened to all those who NORTH KOREA’S KIDNAPPERS AND THE FATE OF was helping North Korean defectors. Yunnan disappeared—including the American David DAVID SNEDDON Province, which borders Laos, Burma and Sneddon. (By Melanie Kirkpatrick) Vietnam, is along the underground railroad’s Mr. LEE. Mr. President, Kirk- usual route out of China. North Korean secu- North Korea’s recent bellicosity seems to patrick’s research shows that David’s have subsided for the moment, but the re- rity agents are known to operate there, ap- gime’s malign practices continue. The parently with Beijing’s permission. disappearance in China fits the pattern United Nations Human Rights Council last At the time of David’s disappearance in of foreign national kidnappings by month established an international commis- August 2004, China told the Sneddon family North Korea in East Asia since the sion of inquiry into what it describes as that its investigation had concluded that the 1970s. While this might sound strange North Korea’s ‘‘systematic, widespread and young man likely had a fatal mishap while to Americans—because it is indeed grave violations of human rights.’’ The com- hiking through Tiger Leap Gorge. That the- strange to us as Americans—it is an mission’s mandate includes examining North ory was disproved by facts uncovered by Da- issue with which the people of Japan vid’s father and two of his brothers three Korea’s abductions of foreigners and the and South Korea are tragically all too likelihood that some victims are imprisoned weeks after he went missing. The three in the North. Pyongyang is believed to have Sneddons retraced the young man’s steps in familiar. kidnapped nationals of at least 12 countries. Yunnan and found witnesses who reported The circumstances of David’s dis- One such victim may be an American cit- seeing him during and after his hike through appearance add a level of credibility to izen. David Sneddon disappeared in China in the gorge. this theory. For instance, the area

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR16\S10FE6.000 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1610 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 February 10, 2016 where David was traveling is a well- napping and abduction. Despite these The greatest threat to totalitarian known thoroughfare on an underground reports, there have been no further or regimes in any part of the world is the railroad for North Korean dissidents more fruitful leads regarding David’s truth; that the world may learn of the trying to escape to Southeast Asia. As whereabouts. People move away or horrors they perpetrate every day a result, this area is monitored and pa- change their stories. Embassy and against their own people and that their trolled by North Korean Government State Department staff move to dif- people may learn that there is a world agents who were involved in the cap- ferent assignments, and the trail grows full of freedom and opportunity beyond ture of a high-level North Korean de- cold. the ironclad borders of their enslaved fector and his family in the area only For nearly 12 years, along with his homeland. months before August 2004. family, we have been looking for It is in pursuit of the truth—about David was fluent in Korean, thanks David. There are many people who de- David Sneddon’s whereabouts—that I to having spent 2 years serving a mis- serve credit for the contributions they file this amendment today. sion for the Church of Jesus Christ of made to this effort. In particular, I Thank you, Mr. President. Latter-day Saints in South Korea. He wish to thank Ambassador Robert Mr. CARDIN. Mr. President, I suggest matched the profile of activists in this King, the special envoy for North Ko- the absence of a quorum. area who were thought to be assisting rean human rights issues and a long- The PRESIDING OFFICER. The North Korean escapees. time personal friend of mine, as well as clerk will call the roll. In a coincidental twist of fate, David his office, for the attention they have The senior assistant legislative clerk disappeared only a month after Charles given to David’s case and the good- proceeded to call the roll. Robert Jenkins, an Army deserter, was faith efforts they have made over the Mr. WYDEN. Mr. President, I ask released by the North Korean Govern- years to try to find answers. I com- unanimous consent that the order for ment after having spent nearly 40 years mend Ambassador King for his work on the quorum call be rescinded. imprisoned in the totalitarian state, this complex, sensitive, and very im- The PRESIDING OFFICER (Mr. forced to teach English to North Ko- portant issue. TILLIS). Without objection, it is so or- rean intelligence agents. An American There is still work yet to be done. An dered. who spoke fluent Korean would be an upstanding American citizen is still Mr. WYDEN. Mr. President, I ask attractive replacement for Charles missing, and an aggrieved family—in- unanimous consent to speak as in Jenkins. deed, an entire community—continues morning business for up to 20 minutes. Three weeks after his disappearance, to wait and pray for a resolution, The PRESIDING OFFICER. Is there David’s father and two of his four which is what brings us here today. objection? brothers traveled to China and retraced The first and most important respon- Without objection, it is so ordered. David’s planned steps through the sibility of the United States Govern- CUSTOMS AND TRADE ENFORCEMENT Tiger Leaping Gorge. The results of ment is to ensure the safety and free- LEGISLATION their factfinding mission, including dom of the American people at home Mr. WYDEN. Mr. President, I rise their conversations with local resi- and abroad. When American citizens this afternoon to speak about a matter dents, businesses, tour guides, and travel overseas, the State Department that will come before the Senate to- travelers have been shared with the plays a critical role in fulfilling this morrow when the Senate votes on State Department and detailed in an core constitutional duty. whether to invoke cloture on the cus- excellent piece by Chris Vogel pub- The amendment I am filing today— toms and trade enforcement conference lished in Outside Magazine in 2014. which I plan to submit as a stand-alone report. One of the most compelling pieces of resolution with Senators HATCH, FISCH- Last year, Democrats and Repub- evidence discovered by David’s father ER, and SASSE—gives the sense of the licans in both Chambers of the Con- and brothers is that several people, in- Senate that the State Department, in gress came together and said it was cluding a trail guide who had been hik- conjunction with the intelligence com- time for a fresh policy on international ing the Tiger Leaping Gorge around munity, should continue to fulfill that trade—a fresh, modern policy that I de- the time of his disappearance, remem- obligation to David Sneddon and his scribe as trade done right. At the heart ber interacting with a young man fit- family. A companion bill will be intro- of trade done right is a tougher, smart- ting David Sneddon’s description. Da- duced in the House of Representatives er plan to fight the trade cheats who vid’s family also met with the owner of by my friend Congressman CHRIS STEW- are ripping off American jobs. a small Korean restaurant in the city ART and the rest of the Utah delega- Now, the inventiveness of these ripoff of Shangri-La, a bustling tourist out- tion. artists takes our breath away. It is post with a convenient access to the The State Department’s responsibil- something I know a fair amount about Tiger Leaping Gorge. When she saw a ities in this matter include inves- because a few years back, as chairman photograph of David, the young res- tigating all plausible explanations be- of the Trade Subcommittee, we put to- taurant owner lit up. She immediately hind David’s disappearance and leaving gether a sting operation and in effect remembered David, and for good rea- no stone unturned in trying to return invited those ripoff artists from around son. Not only did David stand out be- one of our brothers to his family. the world to cheat, and we were just cause of his fluency in Korean, but he At the time of his disappearance, flooded—flooded with those who were reportedly visited the restaurant on David had his whole life ahead of him. interested in skirting the laws. They three separate occasions over the In fact, he was already planning for it. have extraordinarily inventive ways of course of 2 days while he was in that Before setting out to hike the Tiger moving their operations, concealing city. Leaping Gorge on that fateful day in their identities, and shipping their Indeed, according to the Outside August of 2004, David had signed up to products into our country through Magazine article, the last time anyone take the law school admissions test— shadowy, untraceable routes. Some- saw David, which was on August 14, the first step toward applying to law times sneaking illegal imports into 2004, he was reportedly leaving a Ko- school, he had arranged business meet- this country is as simple as slapping a rean restaurant. At first glance, this ings back home in Utah to get an early new label on a box. We call it merchan- may seem like a minor detail, but seen start on pursuing his dreams of entre- dise laundering, and we saw it again in the right light, it is, in fact, an omi- preneurship, and, eager to get back to and again and again as we conducted nous clue. BYU’s beautiful campus, he had al- this sting operation. According to many regional experts, ready paid for his student housing for So it is long past time to come up there is a historical pattern of North the upcoming fall semester, but he with a new and tough approach to en- Korean agents using Korean-run res- never had the chance to do any of those forcing our trade laws. In my view that taurants in China, Japan, and else- things, and the Sneddon family de- is what this debate is about and that is where to prey on their targets for kid- serves to know why. what the vote will be about tomorrow.

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR16\S10FE6.000 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 1611 The lingo of trade policy, as we call steel industry, a pillar of American in- done great work on the Small Business it, TPA—the trade promotion author- dustry. The ENFORCE Act ought to be Committee, is hugely important be- ity—what are the rules for trade and understood to be clearly a priority cause in my State, when you are done then the various agreements and what, matter for those who work in the steel counting a handful of big businesses, of course, is being considered now, the industry and the companies for which you have covered the big employers in Trans-Pacific Partnership—it is hard they work. our State. We are overwhelmingly to keep track of this lingo under the Second, the legislation, once and for about small business, and because of best of circumstances. I think in begin- all, closes a truly offensive loophole the good work of Senator SHAHEEN, we ning this discussion, what I want to that allowed products made with slave are going to give small businesses more note for the Senate is this is not—not— and child labor to be imported to the tools they can use to reach new mar- about the consideration of a new trade United States. My friend Senator kets overseas. It is going to help guar- agreement. No trade agreement—no BROWN has championed this issue. He antee that all our trade agencies are new trade agreement—is going to be and I believe that in 2016 and beyond, looking for opportunities to help small considered by the Senate this week. the Congress cannot allow for the per- businesses grow. What this debate is about is whether petrators of slave or child labor to have I could go on with others. I think the Senate is going to put in place any place in the American economy. So Senator FEINSTEIN has done very im- tougher, smarter, more modern trade the old system that leaves the door portant work. For example, we have enforcement policies, and when we open to child or slave labor, if it is used been looking for a model for trade- have these policies, actually follow up to make a product that isn’t made in based humanitarian assistance. Sen- on them and stand up to anybody the United States, that system has to ator FEINSTEIN’s contribution has around the world who is trying to fig- end and with this legislation it will. helped us secure that goal, and I appre- ure out a way to get around them. My The old system essentially said that ciate greatly her leadership. view is that tough, smart trade en- when it came to child labor, in the When it comes to trade policies, envi- forcement ought to be a priority for past, economics would trump human ronmental protections are a special every Senator, no matter how they rights. Economics just mattered more priority for me and for Oregonians and choose to vote on a particular new than protecting vulnerable children. for the American people. I want one trade agreement. Senator BROWN said: No way. That is a judgment about this bill to be very My bottom line is that past trade grotesque set of priorities. And we clear as we start this debate. This leg- policies were too old, too slow or too closed that loophole. It is closed, once islation cannot and will not in any way weak to keep up with the trade cheats, and for all. prevent the United States from negoti- but that is what this legislation is Another major upgrade in this trade ating a climate agreement. Not only going to change. This legislation says package is what I call an unfair trade that, the package tackles some par- those days are over. alert. I have heard for years and years ticularly important environmental I wish to take just a few minutes to from union leaders, from companies issues head-on. It directs our trade ne- describe why I believe this package we and others that the trade cheats often gotiators to act against illegal fishing will vote on is the strongest set of try to exploit the fact that trade law and fishing subsidies that destroy our trade enforcement policies the Con- enforcement moves along at a snail’s oceans. It is going to help guarantee gress has considered in decades. pace. What happens is that the rip-off that the Customs personnel are better At its core, what trade law enforce- artists break the rules. They hope the trained to fight the trade of stolen tim- ment is all about is rooting out the damage is going to be done before any- ber from places like the Amazon. These universe of scofflaw tactics that the body in Washington catches on. That are big improvements over the old cheats rely on. They use fraudulent way the factory lights go out at the playbook of trade enforcement. records and shell games and sophisti- plant, and the plant is shuttered before Many Senators on both sides of the cated schemes to evade duties and un- our country does anything about it. aisle are very concerned about cur- dercut our American producers. For- What we have done with this new un- rency manipulation. In the process of eign governments bully American busi- fair trade alert system is to ensure bringing this bipartisan, bicameral nesses into relocating factories and that there are going to be warning package together, it was clear that jobs are turning over lucrative intel- bells going off long before the damage there were some differences between lectual property. They spy on Amer- is done. the Senate and the other body on this ican companies and trade enforcers, Next, the package includes an impor- legislation and that the other body was steal secrets, and then they lie about it tant initiative from Senator STABENOW willing to go only so far on currency in the aftermath, and they try to un- to mobilize the institutions of govern- questions. When Senators vote—and I dercut American industries so quickly ment into a permanent ongoing en- know currency is important to them— that our Nation has been unable to act forcement center so that we have all I hope that they will reflect on the before the economic damage is done. hands on deck to fight the trade view that I am going to articulate. With the vote we are going to cast cheats. With Senator STABENOW’s pro- This legislation goes further than ever this week, we have an opportunity to posal we are going to make sure that before to fight the currency manipula- say strongly and loudly that we are when it comes to fighting the trade tors. One of the major reasons it does done sitting back and just watching cheats, the left hand and right hand is because of our colleague Senator our companies get their clock cleaned are working in Congress. BENNET. Senator BENNET has been by trade cheats. This country is going The package creates a new trust fund working with all sides diligently on to take trade enforcement to a new for trade enforcement developed by this issue. He has clearly given us a level to protect workers and businesses Senator CANTWELL to drive America’s policy that we can build on in the in Oregon and nationwide. investment in fresh ideas and do it in a years and days ahead. I intend to work In my view, the center of this effort way that will help protect our workers with Senator BENNET and all of our col- is the ENFORCE Act, which goes after and businesses. leagues on both sides of the aisle at what I consider to be one of the biggest The proposal also ensures small busi- every opportunity to head off the cur- of the trade loopholes; that is, mer- nesses and their employees are going to rency manipulators, to stop them from chandise laundering. This is a proposal be able to find an easier path into the undercutting American jobs and Amer- that a number of Senators have worked winners’ circle on international trade. ican businesses. There is no question in for years to get enacted. What it will It is going to lower the cost for a lot of my mind that this legislation goes sig- do is put a stop to the evasion of duties small businesses in Oregon and nation- nificantly further than ever before to that are put in place to protect our wide that import products into our fight currency abuse and manipulation. workers, protect our manufacturers, country. For my home State, this ef- Now, it has been my judgment for and particularly when it comes to the fort led by Senator SHAHEEN, who has years that a more progressive approach

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The Sen- fects the runoff that serves our farms. we will now have a new focus on human ator from Oregon. We have had massive, difficult rights. Now the Senate has an oppor- OUR ‘‘WE THE PEOPLE’’ DEMOCRACY droughts in southern Oregon in the tunity to stand up for workers and Mr. MERKLEY. Mr. President, the Klamath Basin. businesses in Oregon and across the most important words in our Constitu- These changes are not just happening country by kicking the enforcement of tion are the first three words of that in Oregon. They are happening across trade law into high gear. This land- document: ‘‘We the People.’’ These are our Nation. They are happening across mark trade enforcement proposal words that the authors put in the world. This change is driving huge ought to have strong bipartisan sup- supersized print to tell us that this is costs that can be measured in lost port. what our government is all about—and lives, lost homes, lost farms, lost busi- Also included in the conference re- also, what it is not about. nesses, burnt forests, and billions of port is a permanent extension of one of They did not start out this document dollars in disaster relief. the most popular economic policies on by saying that we are a government to Scientists agree that we must keep the books today, the Internet Tax serve the ruling elites. They did not es- the warming of our planet under 2 de- Freedom Act. Former Congressman tablish this Constitution to serve the grees Celsius to avoid catastrophic im- Chris Cox and I introduced this bill titans of industry and commerce. And pacts. We are seeing severe impacts back in 1998. For nearly two decades, they did not write our Constitution to now, but these will be nothing com- this legislation protected working fam- serve the best off, the richest in our so- pared to what is anticipated if we allow ilies, especially against regressive ciety—quite the contrary. The genius global warming to continue. At this taxes on Internet access. of America was a government designed, stage below 2 degrees Celsius or 3.5 de- Working families are the focus of this as President Lincoln so eloquently grees Fahrenheit, we must pivot off of bill. Working families who use the summarized, to be ‘‘of the people, by the fossil fuels to a clean energy econ- Internet, for example, get information the people, and for the people.’’ omy. That means pursuing energy effi- about employment opportunities and This Senator will be rising periodi- ciency in our vehicles, in our freight educational opportunities. They cally to address issues that affect transportation, and in our homes. It shouldn’t face a wave of new regressive Americans across our Nation. It is im- does mean investing in renewable en- taxes. Clearly, ensuring that they don’t portant to a government of, by, and for ergy, noncarbon electrical energy pro- get hit by these regressive taxes has the people to address issues that we duced by sunlight and by wind. saved our working families and our should be addressing in this Chamber. The simple, sobering fact is this: En- small businesses hundreds of dollars a Today I will use this time to talk ergy efficiency and renewable energy year. about the challenge we face in climate will not be enough to stop the warming But for all that time, this has been a change. Last month, scientists re- of our planet unless we leave 80 percent kind of temporary stop-and-go policy ported that 2015 was the single hottest of the currently known fossil fuel re- that required its being renewed again year on record. NASA says that this serves in the ground. That is a power- and again. My hope is that, as Senators past year was a full 0.9 degrees centi- ful statement because there are enor- look at this bill, which in my view is grade. That is well over 1.5 degrees mous financial forces that seek to ex- the toughest trade enforcement law in Fahrenheit hotter than the average tract those proven reserves, to burn decades, and move to the very new ap- during the 20th Century. Moreover, it those proven preserves, and in doing so proach that I call ‘‘trade done right,’’ I rose significantly warmer from 2014, will destroy our planet. hope Senators will see that this legisla- which was the previous hottest year on You and I, fellow citizens, are owners tion also ensures that working fami- record—0.23 degrees Fahrenheit hotter together of a vast amount of fossil lies, senior citizens, and others of mod- than 2014. That is an unexpectedly fuels, of coal, of natural gas, of oil. est means don’t get hit by this big re- massive increase in the challenge of This is the oil and gas and coal that is gressive tax simply when they want to global warming. underneath our public lands and water. access the Internet for the kind of in- These numbers come from the best We should use our ‘‘We the People’’ formation so important to them, given scientific analysis. They take the com- power to manage these fossil fuel re- a modest income and their desire to get bined temperatures from the land, serves for the public good, and the pub- ahead. water, and air to get a comprehensive lic good is to move away from an era With this legislation and its exten- picture of what is going on in our beau- where the U.S. Government facilitates sion running out this year, it is impor- tiful blue green planet. In total, 15 of the extraction and burning of our cit- tant for the Senate to act now so that the hottest years our planet has experi- izen-owned fossil fuels to a new era you don’t have a situation again at the enced while humans have tread this where the Federal Government, to- end of the year with the prospect of the Earth have been in the last 16 years. gether our ‘‘We the People’’ govern- Internet Tax Freedom Act expiring and These temperature records send a ment, leads the transition from fossil working families getting hit with these strong message to us, but there is also fuels to a clean energy economy. As we regressive taxes. a message coming from what is hap- face the threat of catastrophic climate I urge Senators to support this pro- pening on the ground—the facts on the change, the public good in regard to posal. There has been an awful lot of ground. We see the impact of global these fossil fuels is to keep them in the work done by Senators on both sides of warming on our own communities. We ground. the aisle to advance this legislation. I see the impacts in terms of the pine When we do a new lease for the ex- am particularly grateful to our col- beetle expansion because the winters traction of our citizen-owned fossil leagues on the Finance Committee are not cold enough to kill them off. fuels, we lock in carbon extraction for with whom I have the honor to serve. We see it in terms of the red zone that 20 years, 30 years, 40 years, even 50 I will close simply by saying to col- comes from that. We see it in terms of years into the future. That is unaccept- leagues that this is not about a new the longer fire season—60 days longer able. That is morally wrong because trade agreement. It is not exactly an in the last 40 years in my home State that extraction, decades into the fu- atomic secret. There are pretty strong of Oregon. On the Oregon coast we are ture, will do enormous damage to our differences of opinion about new trade having trouble with oysters reproduc- planet, to our forests, to our farming, agreements here in this body. This is ing because the first few days it is dif- and to our fishing. This is an assault,

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This legislation have success in the Keystone, not only mind us that the Kim regime has no ends new leases for coal and oil and gas did we have success in the Arctic, not interest in abiding by international on public lands and waters, and it only did we have success in terms of rules. would drive a transition from fossil suspension of coal leases, but we have a The continued development of nu- fuel extraction and combustion toward broader conversation about ending all clear weapons and ballistic missiles a renewable energy economy. of these new leases in each of these threatens our military forces in Japan Critics might argue that we cannot areas of fossil fuels on our citizen- and South Korea and poses a risk to simply end consumption of fossil fuels owned property. Seoul, Tokyo, and other major cities in tomorrow. They might point out that Senator BERNIE SANDERS, who is a the region. While North Korea regu- society still depends on fossil fuels for cosponsor of my keep it in the ground larly exaggerates its capabilities, it is electricity and for transportation, and bill, said in November: clear that its belligerence is unending they might know the leases that have We cannot continue to extract fossil fuels and its technology is improving. already been put out there provide ex- from Federally owned land. This legislation will strengthen and traction opportunities decades after He continued and said: expand the U.S. sanctions against this bill is enacted. That being said, it You can’t talk the talk and say I’m con- North Korea. We should use every tool is all the more important that we not cerned about climate change. And at the we have to increase pressure on the re- do new leases, that we not do new same time, say we’re going to extract a huge gime so it dismantles its nuclear weap- leases that empower more extraction amount of oil, coal, and gas from federal ons and ballistic missile programs, but decades into the future. Time is short land. it is not at all clear that they are re- and public lands and waters are citizen Last Friday Secretary Clinton called sponding to direct pressure from our owned. Public lands and waters are the for banning fossil fuels or banning fos- own country. If there is going to be right place to start, and it is critical to sil fuels on public land a ‘‘done deal,’’ meaningful change in the security situ- the future of our planet. and she went on to say: ‘‘No future ex- ation on the Korean Peninsula, then The success of this moment, the tractions, I agree with that.’’ That is China is going to have to exert more le- ‘‘keep it in the ground’’ movement, what she said. So we have come a long verage over its neighbor. will depend on grassroots organizing. way in a short period, from action in While we certainly do not see eye-to- The grassroots stopped the Keystone three specific areas to the leading eye with China on many things, we can Pipeline, which would have turned on Presidential contenders on the Demo- and must work together to address our the tap for some of the dirtiest fossil cratic side calling for moral action to shared concerns. China has a tremen- fuels in the world. Grassroots orga- take on this threat. dous amount at stake too. Unfortu- nizing has driven the administration to Moving forward, there are two op- nately, Chinese efforts to rein in North suspend and possibly to stop drilling in tions before us. Our Federal Govern- Korea have so far been underwhelming. the Arctic waters—drilling, which is ment can be a government of, by, and In response to China’s diplomatic over- the height of irresponsibility in the for the titans, and it can be complicit tures to stop the missile launch last fragile Arctic region, and just recently in digging our carbon hole even deeper Saturday, North Korea actually accel- grassroots organizing and energy has and doing more damage to the land we erated its plans and launched its mis- encouraged the President to put a love or our Federal Government can be sile on the eve of the Lunar New Year pause on coal leasing to evaluate its the ‘‘We the People’’ government that celebrations in China. If that is how climatic impacts. was laid out by our Constitution, and it North Korea treats its only ally, then While these are important steps in can lead this effort to manage our fos- we face an uphill battle, especially the right direction, I want to encour- sil fuels on public lands for the public without China recalibrating its ap- age our President to go further. Just as good and work with our partners proach and increasing its pressure. he has suspended new leases for coal, around the globe to save our planet. China must step up to the plate and President Obama has authority to do It has been said we are the first gen- recognize that dealing with the Kim re- the same for oil and gas. Last week I eration to see the impacts of global gime now is better than dealing with it joined with nine other colleagues in warming and that we are the last gen- later. China ought to communicate to calling on the Department of the Inte- eration that can do something about it. its ally that it is fed up with its bellig- rior to strengthen its climate commit- So the choice is simple. Let’s move ag- erence and supports stronger U.N. ments by dropping all new fossil fuel gressively away from a fossil fuel econ- sanctions. This is the way China will leases from the 5-year Outer Conti- omy to a clean energy economy. Let’s demonstrate its commitment to inter- nental Shelf Oil and Gas Leasing Pro- work in partnership with the world to national peace and security. gram. take on this worldwide challenge and The goal of this sanctions legislation I emphasize grassroots organizing as let’s do the smart thing. When it comes is not to target the North Korean peo- critical because this building on Cap- to our publicly owned fossil fuels, let’s ple. They are the victims of the Kim itol Hill is full of individuals, such as I, keep it in the ground. regime. They have borne the cost of who have been elected, and in our elec- Thank you, Mr. President. these ballistic missile launches. One tions vast funds from the fossil fuel in- The PRESIDING OFFICER. The Sen- estimate is that it cost $1 billion for dustry are holding sway. So it is going ator from Hawaii. the most recent launch, which would to take citizens and a ‘‘We the People’’ Mr. SCHATZ. Mr. President I rise to have fed the entire country for a year. government—of, by, and for the peo- join my colleagues in condemning Our goal is to convince North Korea ple—to be able to continue to drive North Korea’s belligerence in East that working with the international what we all know is right. It will be es- Asia. community is preferable to being iso- sential to sustain and expand the For decades North Korea has starved lated from it. ‘‘keep it in the ground’’ movement. its people, sponsored criminal mis- Since President Obama took office, Not so long ago, when individuals conduct and cyber attacks, and bullied the U.N. has adopted three major reso- outside of this building were talking South Korea. In the last month it has lutions on North Korea’s nuclear pro- about ‘‘keep it in the ground,’’ and violated numerous U.N. resolutions re- gram. President Obama has signed then inside this building we started to garding development of nuclear weap- three major Executive orders, further have that conversation, many said: It ons and ballistic missiles. DNI Clapper sanctioning North Korea’s activities. is just too much of a stretch. It is just recently stated that the regime is ex- I support these efforts, and we must too much of a paradigm change from panding its Yongbyon enrichment fa- do more. This sanctions bill will give the past, when we sought to lease out cility and restarting the plutonium the administration additional tools to

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Security Sanctions and Policy Enhancement backed up by a strong defense. Council resolutions and, frankly, in Act, takes steps by providing the tools To that end, we need to do three violation of the agreements they had necessary to hold North Korea and its things. First, we must continue serious made in the early part of 2003 and 2004. enablers accountable for what they do. discussions with South Korea about de- Nuclear experts have reported that The bill’s overall goal is to peacefully ploying the Terminal High Altitude North Korea may currently have as disarm North Korea through manda- Defense System, or THAAD, to defend many as 20 nuclear warheads and that tory sanctions that would deprive the against the missile threat. This has the capital, Pyongyang, has the poten- regime of the means to build its nu- probably become a necessity because of tial to possess as many as 100 warheads clear and ballistic missile program and North Korea’s recent actions. If it is within the next 5 years. advance its malicious cyber activities. deployed, we will have to reassure Combined with what appears to be Specifically, it mandates sanctions countries in the region that THAAD is growing sophistication in their missile against individuals who have materi- intended to defend solely against the technology, they have been seeking a ally contributed to North Korea’s nu- North Korean missile threat to avoid way to represent a direct threat— clear and ballistic missile develop- any misperceptions. Second, we need to something potentially disastrous in a ment; individuals who have engaged in pass a well-funded defense budget that nuclear way—to the United States and money laundering, the manufacture of provides for the readiness of the forces certainly to our allies in the region. counterfeit goods, or narcotics traf- under Admiral Harris’s command at They have shown capacity to pro- ficking that would benefit those pro- PACOM, through which General liferate nuclear weapons and tech- grams; and individuals who have en- Scaparrotti at United States Forces nology to other dangerous regimes and, gaged in significant activities under- Korea can keep our men and women we have every reason to believe, dan- mining cyber security against the ready to ‘‘fight tonight.’’ Third, we gerous individuals. U.S. officials re- United States or foreign individuals. ought to explore new opportunities to cently connected Iranian officials to In addition to these sanctions, the strengthen our ballistic missile de- North Korea and specifically men- legislation targets additional areas fense, including increasing the protec- tioned two Iranians who, according to that would deny North Korea the re- tion of our forces in Hawaii and the the report, ‘‘have been critical to the sources it needs to continue its mali- Western Pacific by turning the Aegis development of the 80-ton rocket boost- cious activities. For example, the bill Ashore Test Complex on Kauai into an er, and both traveled to Pyongyang’’ to mandates sanctions on individuals in- operational site, a proposal Represent- work on this. According to reports, volved in trading minerals and metals atives GABBARD and TAKAI are working Iran might coincidentally conduct a that could be part of a nuclear pro- on with the Department of Defense. nuclear launch later this month. Now gram. These are preliminary steps we can we see Iran doing what it is doing, and This section would send a strong take to reassure our allies and forces in we see Korea with the capacity to do message, certainly to China, North Ko- the region that we are committed to what it is doing. rea’s chief diplomatic protector and their security, and we should refine our Frankly, what we see in both cases, largest trading partner. The things thinking as the threat evolves. The as well as Russia, are economies that that could be used as sanctions would sanctions bill reinforces that commit- are faltering, and people have every surely make China think twice about ment and sends a clear message that it reason to wonder about those in charge what they are doing with North Korea is time to step up all levels of pressure of their government. The more that oc- but also think twice about what North on North Korea to end its belligerence curs, the more dangerous a government Korea is doing with the world. China in the region. might be in an unstable country, try- purports to have a significant influence I yield the floor. ing to do everything they can to en- in North Korea. China purports to not The PRESIDING OFFICER. The Sen- emies they feel they need to defend want to see nuclear destabilization ator from Missouri. themselves against and people they occur. This bill would be an incentive Mr. BLUNT. Mr. President, recent need to advance against. for China to live up to those claims. It developments in North Korea should We also know they have significantly has consistently failed to leverage its have raised serious concern. As we increased their cyber capabilities. We political or economic influence up have heard over and over again in the continually hear from our intelligence until now. If China is getting serious Senate from Members of both parties, community that a cyber threat is one about getting North Korea to change they have raised serious concerns. of the greatest threats we face. We saw its behavior, we would like to see that This weekend North Korea launched North Korea launch a cyber attack on happen. its latest so-called satellite into orbit. Sony Pictures in 2014, which did incred- In a new view of sanctions, there is a We know this was nothing but an at- ible damage in many ways, including waiver in this bill, as there has tradi- tempt to conceal their development of their ability to disrupt the critical in- tionally been. The President of the ballistic missile programs that would frastructure of our country in the same United States will have a waiver of actually check launch capability, not way they were able to get involved in these penalties. But this waiver is really launching a satellite. the cyber world of one major company. much stronger from the legislative per- On January 6, North Korea claims to According to a November 2015 report spective in that the President can only have tested a hydrogen bomb, which, if by the Center for Strategic and Inter- use the waiver on a specific basis and true, would significantly increase and national Studies, ‘‘North Korea is has to report, as I understand it, what advance its nuclear capabilities. Even emerging as a significant actor in that basis is. if not true, they have significant weap- cyberspace with both its military and This measure also goes beyond the ons in what everyone in the world clandestine organizations gaining the traditional sanctions regime because it would understand to be dangerous and ability to conduct cyber operations.’’ requires the administration to put even unstable hands. When we look at North Korea’s at- forth a comprehensive strategy to pro- In October 2014, the senior U.S. com- tempts to increase and/or exaggerate mote improved implementation and en- mander on the Korean Peninsula told the potential they have with the weap- forcement of how these sanctions reporters that North Korea has the ca- ons they have or their ability to de- would work and what they would do to pabilities to put together a miniatur- velop those weapons and when we look combat North Korea’s cyber activities,

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We saw the a number of efforts from South Korea We saw recently a missile launch, a lack of appreciation for U.S. commit- where they are funding manufacturing satellite launch that they used to dis- ment in the early weeks and months of facilities using labor from North guise a test of an intercontinental bal- the unfortunate Iranian deal. Frankly, Korea. listic missile. South Korea believes the Iranians should and will look back The purpose of this manufacturing this is such a serious situation that at 2003 and 2004 and wonder why the center, the Kaesong industrial com- South Korea has now shut down the agreements with North Korea didn’t plex, was to create additional opportu- Joint Factory Park at Kaesong over work and wonder if we are committed nities for North Korea and South Korea the nuclear test and the rocket. Just a to those agreements and wonder if we to come together economically and for few weeks ago, experts said this still are determined to stop North them to perhaps join together in unifi- wouldn’t happen, but the severity of Korea when we see the kind of activi- cation efforts as they continue to see North Korea’s actions, violations, con- ties we see today. This begins to send that they can work together economi- tinued infringements on any number of that message, but the required imple- cally. U.S. sanctions and U.N. sanctions has mentation and reports will send that Earlier this year, in one of the first forced South Korea to take the very message in more aggressive ways than committee hearings I held in the East dramatic step of closing this facility the Congress and consequently the Asia Subcommittee, we heard testi- that they hoped could bring and be a country have before. mony from Dr. Victor Cha, a professor symbol of further unification. Finally, we need to ensure that all of government at Georgetown Univer- Kim Jong Un and his reckless activi- U.S. forces deployed in the region are sity. He is the senior adviser and Korea ties, forgotten maniac of North Korea, appropriately equipped with the most chair at the Center for Strategic and is now responsible for the loss of em- up-to-date surveillance and counterbal- International Studies. We had testi- ployment of 45,000 people in North listic missile platforms. Our regional mony on North Korea several months Korea, and we wonder why there is no allies—particularly South Korea and ago—at the beginning of the year—as economic development taking place in Japan—need to be assured that the we focused on how we were going to ad- North Korea. We wonder why there are United States is committed to both the dress this challenge and the Kim Jong limited activities. Because this regime stability and defense of all our partners Un regime. is willing to put his own totalitarian and interests in the region. South In his testimony in the House of Rep- regime ahead of the people of North Korea and Japan should also be encour- resentatives a few weeks ago, Dr. Cha Korea, placing them in political prison aged to undertake any self-defense talked about some of the steps that camps, torturing them, maiming measures that are necessary to aug- could be taken by the United States them—hundreds of thousands of men, ment American forces already in the and South Korea to address this North women, and children. region. So South Korea has taken a very se- North Korea remains a serious threat Korea threat. He talked about asym- rious step to express their displeasure to peace and stability in the region and metric pressure points that we have with the actions of North Korea. The the world. North Korea continues to be which we can apply to try to bring United Nations and the United States a bad example of what happens when peace to the peninsula. both continue to discuss and impose the United States makes agreements In his statement, he said, ‘‘A new ap- proach to North Korea must focus on sanctions. The U.N. delay is disturbing. and isn’t prepared to follow through on We talk about China. We talk about those agreements. those asymmetric pressure points.’’ the impact China could have on North The world is watching. I hope my col- Then he talked a little bit about the Korea and their willingness to change leagues will join me in sending a clear Kaesong industrial complex: message that North Korea’s provo- Another useful asymmetric pressure point their behavior and to denuclearize cations are not acceptable and that its is the Kaesong Industrial Complex. A legacy North Korea. We know China is respon- continuing pursuit of illicit nuclear of the sunshine policy, this project now pro- sible for somewhere around 90 percent vides $90 million in annual wages (around weapons will not be tolerated. We will of the economic activity of North $245.7 million from December 2004 to July Korea—right around 90 percent of the get a chance to vote on that issue 2012) of hard currency to North Korean au- today. I hope we send a strong mes- economic activity. We know trade, pre- thorities with little wages actually going to cious metals, coal, and raw metals sage. I hope the administration be- the factory workers. The South Korean gov- comes a stronger partner in this mes- ernment will be opposed to shutting this have resulted in about 70 percent of sage than the messages we are failing down, as even conservative governments in foreign currency in North Korea. to send right now on Iran. I think this South Korea have grown attached to the That is another step this bill takes, a is an important moment for the coun- project as symbolic of the future potential of step to assure we are addressing any try and the world. a unified Korea, but difficult times call for activity such as exports, coal, precious The PRESIDING OFFICER. The Sen- difficult measures. metals if the money derived from that ator from Colorado. Again, this is Dr. Cha’s testimony be- goes to the illicit activities. That is Mr. GARDNER. Mr. President, we fore the House of Representatives just why Kaesong was closed. That is why it have heard a lot of great discussion and a few weeks ago saying that this is an was closed by South Korea, because debate today about the sanctions bill asymmetric pressure point and that if they traced the money back from this on North Korea. Of course, one of the we were to address something to industrial facility. The 45,000 employ- issues that continue to come up is the Kaesong, perhaps that could apply ees who weren’t making all the wages lack of response from the United Na- pressure to the North Korea regime to they were paying, a lot of that money tions. As they are considering and de- change its behavior. But because of the was being siphoned off from the hard- liberating what exactly to do with investments, because of the amount of working people of North Korea and North Korea, I hope they will hear not work and the opportunities there, clos- given to the government and then used only the words being discussed here on ing that wouldn’t happen. It is not sup- to fund weapons of mass destruction, the floor of the Senate but also the ac- ported by the government. nuclear proliferation. This effort that tions that are taking place around the This shows you how serious North was used to try to unify the peninsula, globe and particularly in South Korea. Korea’s recent behavior has become. to employ people, to find economic We have long been aware of the The testing of a fourth nuclear weap- partnerships and opportunities was in- Kaesong industrial complex. This is a on—they claim it is a thermonuclear stead used by Kim Jong Un to further

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR16\S10FE6.001 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1616 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 February 10, 2016 the building of billion-dollar rockets effectively cut off offending banks from forcement Act and increase the pres- while his people starved, to further the the international financial system. sure on the North Korean regime, but I efforts of nuclear tests while his people When faced with this prospect, I be- think it would make sense at the same are tortured. lieve prudent actors in China and other time to confirm the person, Adam This bill attempts to break through parts of the world will cast aside those Szubin, who will be responsible for en- that curtain of silence in North Korea, in North Korea who have supported its forcing those very sanctions. Wouldn’t providing ways to effectively commu- nuclear activity. I certainly hope so. it make sense for the Senate to nicate with the people of North Korea, Let me also mention a provision I strengthen Treasury’s hand as they to show them what the outside world have added during the Foreign Rela- work to make the sanctions as effec- has to offer in freedom and opportunity tions Committee’s consideration of the tive as possible? if they were to escape the regime in the bill. It is an amendment that makes Adam Szubin was nominated on April reign of Kim Jung Un. I think the clo- clear that the new and powerful sanc- 16, 2015—301 days ago. Although the sure of the industrial complex in tions this bill authorizes will not come Senate Banking Committee held a Kaesong is one further example of the at the expense of those American fami- hearing on his nomination back in Sep- steps South Korea is being forced to lies still searching for their loved ones tember, the committee still has not ad- take as a result of these militant ac- who served in the Korean war and who vanced that nomination to the Senate tivities and provocative activities out have never come home. floor. No one doubts Mr. Szubin’s quali- I especially want to thank a New of North Korea. fications for the position. At his nomi- Hampshire advocacy organization—the I see Senator SHAHEEN of the Foreign nation hearing, Chairman SHELBY Coalition of Families of Korean and Relations Committee is joining us in called him eminently qualified. Cold War POW/MIAs—for working with this debate today. She was an active Mr. Szubin has served in both Repub- me on this important provision. The member of the sanctions debate on lican and Democratic administrations. coalition, led by Portsmouth’s Rick North Korea. I thank the Senator for He has bipartisan support in this body. Downes, expressed concerns that the being on the floor today, and I yield When we are all here—Republicans and new sanctions in this legislation could the floor. Democrats—talking about the need to inadvertently hinder efforts to find the The PRESIDING OFFICER (Mr. increase the pressure on North Korea more than 7,800 Americans still unac- FLAKE). The Senator from New Hamp- in order to deny Pyongyang the re- counted for from the Korean war. Obvi- shire. sources it is using to develop nuclear ously, no one here wants to interfere Mrs. SHAHEEN. Mr. President, I am weapons and the missiles it needs to happy to join my colleague, also from with this mission, and I am happy this final bill explicitly exempts POW/MIA target the United States, shouldn’t we the Senate Foreign Relations Com- accounting efforts from these new be supporting a nominee whose job it is mittee, CORY GARDNER from Colorado, sanctions. to do this exact work? in support of the North Korea Sanc- I think the Senate needs to vote on NOMINATION OF ADAM SZUBIN tions Enforcement Act. This is legisla- Mr. Szubin’s nomination without fur- Mr. President, I want to raise one tion that will help hold North Korea ther delay. I know he has the support concern that I do have as we are head- accountable for its dangerous weapons of the chairman of the Senate Foreign ing into a vote on this bill; that is, the programs. Relations Committee. As I said, he has ability of the Treasury Department to I know Senator GARDNER talked bipartisan support in this body, and it identify and target those who should be about today’s news, North and South is very disappointing that we can’t subject to these new sanctions because Korea, and in the past month we have move him at the same time we are witnessed a string of actions by the that is crucial to the success of this legislation and to our overall North moving this bill. I hope the committee North Korean leadership that has dem- Korea strategy. will change their minds and they will onstrated their determination to ad- The debate we are having today pro- decide to take up his nomination and vance the country’s nuclear weapons vides yet another illustration of why it move it so we can ensure that the im- and long-range ballistic missile pro- is so essential to confirm Adam Szubin portant tenets that are in this bill to grams. On January 6, North Korea con- to be Under Secretary for Terrorism help address what North Korea is doing ducted its fourth nuclear test, and just and Financial Crimes at the Treasury will actually be enforced. this weekend the country launched an- Department. As the Under Secretary, Mr. President, I yield the floor. other long-range rocket. North Korea’s Mr. Szubin would lead the Department The PRESIDING OFFICER. The Sen- goal could not be clearer or more seri- in identifying and disrupting financial ator from Kentucky. ous. It is to place a nuclear warhead on support to a range of actors that Mr. PAUL. Mr. President, for some an intercontinental ballistic missile threaten our national security—North time now power has been gravitating capable of reaching the United States. Korea as well as ISIS, Al Qaeda, from the legislature to the President. Since North Korea’s nuclear program Hezbollah, and others. Not only would Many in Congress, including myself, was first uncovered in the mid-1980s, Mr. Szubin be responsible for directly have been critical of the President’s the United States has led the inter- implementing a significant portion of overreach. However, Congress bears national effort to pressure the regime the legislation we are expected to pass some of the responsibility and some of to abandon its nuclear activity. In today, but he would also lead the the blame in that this body continues large part, this pressure has come from Treasury Department’s efforts to rally to abdicate and transfer our power to the United States and United Nations international support for these sanc- the President. Nowhere is this more ob- sanctions. Although these sanctions tions. vious than in foreign policy. have effectively halted most financial I think this last point is critical and During the debate over the Iranian transactions between North Korea and sometimes doesn’t get a lot of atten- agreement to end sanctions, many con- the rest of the world, the North Korean tion. Enforcing sanctions requires co- gressional voices lamented that these regime and its benefactors continue to operation. It requires often nudging sanctions were enacted by Congress obtain hard currency to advance their other foreign governments and finan- and should not be unilaterally ended by illicit weapons programs. cial institutions to work within the the President without congressional One way the North Korean Govern- sanctions regime. The lack of a Senate- approval. As many observers noted, ment finances its nuclear program is confirmed appointee in this position Congress has only itself to blame. For by laundering money in banks outside undermines the Treasury Department decades now, Congress has granted the of North Korea—banks that until this and our efforts to build international President national security waivers to legislation have not been subject to coalitions to target terrorism and fi- just about anything. These allow the secondary U.S. sanctions. This bill will nancial crimes. Executive to do what they want, to ter- change that situation. It gives the I am pleased the Senate is poised to minate sanctions or continue spending Obama administration the ability to pass the North Korea Sanctions En- without any new vote of Congress.

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR16\S10FE6.001 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 1617 A good example was when Egypt was ers and give Congress its power back cess to resources, we should also high- overtaken by a military regime. This where it belongs. light those who are doing great work was not a democratic government. This The PRESIDING OFFICER (Mrs. to build future leaders and a future became a military junta. Our laws on ERNST). Is there objection? generation of leaders across Indian foreign aid said Egypt should no longer Mr. GARDNER. Madam President, Country. We see so much of that hap- receive foreign aid if they are not a reserving the right to object. pening today at tribal colleges and uni- democratically elected government. The PRESIDING OFFICER. The Sen- versities. Yet the President continues to give ator from Colorado. Tribal colleges and universities act foreign aid to Egypt because he simply Mr. GARDNER. Madam President, I as unique community institutions that uses a waiver we wrote into the legisla- thank the Senator from Kentucky for work to strengthen tribal nations and tion. his passion on this issue. We took great make lasting differences in the lives of It is a mistake to continue to grant care in making sure we devised a sanc- American Indians and Alaska Natives. so much power to the Presidency, and tions bill that was strong in terms of The tribal community colleges, tech- by doing so, we have abdicated our own its effect on North Korea and that it nical schools, and 4-year institutions power. For decades now, Congress has eliminated any of the shortcomings of plant resilient seeds of hope by sus- granted the President national secu- the sanctions we faced when dealing taining Native languages and building rity waivers on just about everything. with Iran. trusting and important tribal econo- The waivers are so flimsy and open- I certainly agree with the Senator mies. ended that all he has to do is write a from Kentucky when he said that we Supporting tribal colleges and uni- report, claim that it affects national faced a President willing to grant versities both upholds our trust respon- security, and then he can do whatever broad relief from sanctions in terms of sibility and provides much needed re- he wants. Congress then complains national security waivers, and that is sources for students. Signed into law in that the President is overreaching. Yet why we were very careful in making 1978, the Tribally Controlled Commu- we give him that very power. sure we constructed case-by-case waiv- nity Colleges Assistance Act supported Looking back at the North Korean ers in this act, the North Korea act. tribally chartered institutions of high- sanctions, we find that President Clin- The President must investigate and ex- er education to help uphold the Federal ton removed sanctions by using the na- plain to Congress that there are no Government’s unique relationship with tional security waiver that Congress broad grants or wide swaths of discre- federally recognized Indian tribes. provided him. Furthermore, about a tionary ability to waive the sanctions. Today, TCUs like Turtle Mountain decade later, President George W. Bush As I said, there are mandatory inves- Community College and Sitting Bull did the same thing, relieving sanctions tigations with mandatory reporting re- College in my State of North Dakota against North Korea by taking advan- quirements, and so I object. provide educational resources to Na- tage of national security waivers. The PRESIDING OFFICER. Objec- tive students who otherwise surely When we jump ahead to the Iran tion is heard. would go without. But tribal colleges and universities agreement, we find President Obama Who yields time? don’t simply educate Native students. using national security waivers pro- Mr. GARDNER. Madam President, I The American Indian Higher Education vided by Congress to unilaterally re- suggest the absence of a quorum. Consortium, a national network of this peal Iranian sanctions without con- The PRESIDING OFFICER. The country’s TCUs, estimates that be- gressional authority. In fact, President clerk will call the roll. cause of the schools’ often rural loca- Obama has utilized congressionally The bill clerk proceeded to call the roll. tions, more than 15 percent of the stu- provided loopholes 40 times to remove dents attending these tribal colleges Iranian sanctions. Everybody com- Ms. HEITKAMP. Madam President, I ask unanimous consent that the order and universities are also non-Indian. plains, and now we are going to do the Tribal colleges and universities offer for the quorum call be rescinded same thing. We are going to write a students access to a well-rounded edu- The PRESIDING OFFICER. Without sanction bill with the exact same cation from an accredited institution objection, it is so ordered. boilerplate language that we had in that provides knowledge and skills Ms. HEITKAMP. Madam President, I previous sanctions bills, which will grounded in cultural traditions and ask unanimous consent to speak for up allow the President the leeway to end values, including the all-important to 10 minutes as in morning business. the sanctions if he desires. education in indigenous languages. The PRESIDING OFFICER. Without When we fast-forward to these new This enhances Native communities and objection, it is so ordered. North Korean sanctions before us, the enriches both tribes and the United new sanctions bill does exactly what NATIONAL TRIBAL COLLEGES AND UNIVERSITIES States by preparing students to suc- previous sanction bills have done; WEEK ceed in their academic pursuits as well namely, provide the President with the Ms. HEITKAMP. Madam President, as to enter a global competitive work- power to simply claim any nonspecific today I rise to honor 37 tribal colleges force. national security claim to waive sanc- and universities operating across 16 The results have been telling. In the tions. States on more than 85 campuses, 5 of 2012–2013 school year, 75 percent of Congressional critics of the Presi- which are located in North Dakota. graduates earned degrees, with 22 per- dent’s use of national security waivers Thank you to the more than 20 bipar- cent earning certificates. But while to end Iranian sanctions should decide tisan Senators, including Indian Af- this success is admirable, the tribal now that they have no leg to stand on fairs Committee Chairman BARRASSO colleges and universities have been should a future President do the exact and Vice Chairman TESTER, who joined hindered by chronic underfunding. Al- same thing with North Korean sanc- me in introducing a Senate resolution though the Federal Government pro- tions and decide to remove them with- designating this week as National Trib- vides funding to some minority-serving out congressional approval. There are al Colleges and Universities Week. institutions at levels equal to $30,000 two examples of that—Clinton has al- This resolution received unanimous per student, tribal colleges receive lit- ready done this, and so did George W. support in the Senate last week, as it erally a third of that. When we look at Bush. should. It shows that Native American average numbers, it is around $6,700 per I propose that Congress take back issues and the support for education student. Tribes and tribal colleges and their power. I propose that Congress are part of this country’s treaty and universities have consistently figured not cede power to the Presidency, so I trust responsibilities, and it continues out how to do more with less, but Con- therefore ask unanimous consent to to be a bipartisan issue. While we too gress should not shy away from its call up my amendment numbered 3301, often hear about the hardships Native Federal responsibility. which is at the desk. My amendment communities face due to the geo- I wish to speak about my experience would remove national security waiv- graphic isolation and insufficient ac- this morning meeting with a number of

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR16\S10FE6.001 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1618 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 February 10, 2016 tribal students. We can give all of these cation program for Native Americans came, trying to shine a spotlight on numbers and the critical importance of at the University of North Dakota, and issues particularly surrounding our Na- making this kind of education acces- I met with a group of young people who tive American and Alaska Native chil- sible, but what we will never see is the talked about the difficulty of tran- dren. hope and the opportunity in the eyes of sitioning from the reservation into a We are working together on a mis- these students. I can’t do that for my major university—talking not so much sion that really does help to drill colleagues here. I can only tell their about the challenges academically but down—to find those best supports that stories. about the challenges of loneliness, the we possibly can for these children who I met a young woman who served our challenges of the first time leaving in so many instances have been left be- country in the military and after 10 what they knew and being the first hind. years went home and discovered the generation in their families to actually The Senator from North Dakota opportunity to learn more about her attend a 4-year college. One young man spoke about our tribal institutions and culture and the opportunity to get an said that he was so homesick and so our tribal colleges as that next step to education at the tribal colleges. She shocked by the change in culture that launch our young people successfully, said she wished she had known earlier. he wanted to go home. I said: Well, did while recognizing that we have oppor- She probably would have gone to col- you? He said: No, I called my mom to tunities to grow and do better by our lege at the tribal college at Sitting tell her that I wanted to go, and she tribal colleges. I had an opportunity Bull first before she joined the armed told me she would knock me upside the just yesterday to be visited by some services. head if I came back. A brave mother— students from Ilisagvik College, a I met another young woman who told so he said he did what his mother small facility located in Barrow, AK. I me of her early life of abuse and ne- asked him to do, and he was graduating had a chance to meet with two stu- glect. She said that after having two with a degree in, I think, geology or dents, Olive and Jillian, from a very children and really no hope, she found some applied science. small village called Atqasuk. One de- a tribal college. In that tribal college That young man had a mother who scribed what it was like as a young stu- she found not only an opportunity for kept him in that school. Many young dent who wants that education—but advancement and the dream and the people in Indian Country today do not just the idea that one would go hun- hope of becoming a lawyer someday, have that kind of inspiration, and the dreds of miles away to the big city in but she found a family. She described great distrust people have for the out- Fairbanks or Anchorage to pursue an the faculty and the staff and the other side world gets embedded. So these education was simply not possible—and students as the family she had never tribal colleges help prepare these stu- how these students have been given op- had. portunities in ways that perhaps they dents for the next step. They are crit- I talked to another young woman, and their families never dreamed pos- ical for maintaining the cultural sig- who is 18 years old and literally home- sible. less. She sleeps on a friend’s couch. The nificance, critical for maintaining the So I stand with my colleague, as we only family she has to nurture her is pride that people have in who they are have stood shoulder to shoulder on so her tribe and the tribal college. She as a people, and then building on that many of these issues that impact our tells me—her words were this: I will be for self-awareness, building on that for Native children, our young people, great. She would not have that hope, self-economic opportunity. their futures, and their opportunities, she would not have that belief, and she I am proud to represent five great in- and recognizing that education can be would not have that vision if she didn’t stitutions of higher learning in my that key to a better life and a better have access to education. She is going State that are representative of the path forward. to be a nurse. And I can tell you she is tribal colleges and universities. Ms. HEITKAMP. Madam President, already great, from what I have heard. Finally, I wish to talk about the will the Senator from Alaska yield for So the stories go on and on and on. wonderful men and women who run a question? Because of the involvement in the those institutions and what they do. Ms. MURKOWSKI. Certainly. tribal college at Spirit Lake Reserva- These are people with Ph.D.s. These Ms. HEITKAMP. Madam President, tion, we have a student now, who, for are people with amazing degrees who there is no better partner for me in the first time, graduated with an engi- could go anywhere, and they continue this quest than the great Senator from neering degree from one of our 4-year to provide leadership to their people. the State of Alaska. We have spent so institutions. He started out at a tribal Without their leadership and their sup- much time relating and recounting our college—first engineer ever from that port, these children would not have experiences in visiting with Native tribe. these opportunities. These returning Alaskans or, in my case, American In- These are messages of hope in a vets would not have these opportuni- dians, talking about the challenges and world that all too often is a world of ties, and these older-than-average stu- talking about what needs to happen despair, a world of neglect, a world of dents, with the challenges in their and how we need to shed a light on not abuse, a world of challenges for young lives, would not have these opportuni- only the despair, so that we all are mo- people. But a tribal college gave them ties. tivated for change, but how we need to the foundation, the connection to their So please join with me in recognizing shed a light on the gratefulness and the culture, the connection to a family and tribal colleges and universities but also great spirit that is happening. I know a group of people who cared about to take a look at the disparities in that my great friend has had those sit- them, and an opportunity for some- terms of reimbursements that these uations where you just wonder how re- thing better—an opportunity to be tribal colleges and universities incur, silient a young girl can be who experi- great, as the young woman I spoke and let’s make this investment. This is ences these kinds of challenges and with earlier said. an investment in the lives and the this kind of abuse to come back and So I am very proud of the work we changes we need to see in Indian Coun- say: This is going to be a great future. have done to support the tribal col- try. So I wanted to thank the Senator leges. We need to do more. If we truly Thank you, Madam President. from Alaska for her strong and abiding want to change the outcome and the I yield the floor. and great commitment to all the peo- paradigm for Indian people and for In- The PRESIDING OFFICER. The Sen- ple of Alaska, and I want to thank her dian children, we must invest in Indian ator from Alaska. for her partnership. education, and that goes all the way Ms. MURKOWSKI. Madam President, Ms. MURKOWSKI. Madam President, from our Head Start programs all the I wish to comment on the statements I certainly appreciate the value of our way up to our programs for higher edu- that have been made by my colleague partnership, and I know that we have a cation. and friend from North Dakota, who has great deal of work ahead of us. I want to give one last story. This been an amazing leader, a very strong Madam President, I come to the floor past summer I attended the STEM edu- leader here in the Senate since she today to express my support for the

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR16\S10FE6.001 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 1619 North Korea Sanctions Enforcement wants the world to believe that he is Korea signed the Svalbard Treaty, giv- Act and the substitute that we will be smarter than all of us, and I would sug- ing North Korea access to the Svalbard voting on later this afternoon. gest that it is not in Beijing’s interest Islands. It is fair to say that the people of to offer him a porous border. The We have also heard that North Korea Alaska take great interest in this leg- United States and our allies have been has made use of the Northern Sea islation, and it is not simply an intel- patient enough with the carrot. We Route to assist with shipments to Rus- lectual interest. It stems from our ge- talk a lot about the carrot and stick sia. I put this out there because what- ography, quite simply. At its closest when it comes to engagement. But this ever reason there may be that North point, Alaska is 3,100 miles from North Senator suggests that we have been pa- Korea signed on to this Svalbard Trea- Korea. Let me put that in context with tient enough with the carrot, and now ty and whatever the reason may be for where we are here. The distance be- it is time to try the stick. its newfound interest in the Arctic, the tween Washington, DC, and my home- The sanctions bill that we are consid- point is that when the regime in North town of Anchorage is 3,370 miles. So ering today is intended as a serious Korea sees that it is in its best inter- Alaska is actually closer to North wake-up call to Mr. Kim’s government. ests to cooperate internationally, there Korea than I am to my home when I The sanctions are severe and they are is a willingness to engage. But to this am working here in Washington, DC. targeted at those who enable Mr. Kim’s point, they have not shown a willing- We are talking about the main popu- regime to conduct business abroad. ness to engage when it comes to their lation center in Anchorage and in the They are also intended as a wake-up nuclear and ballistic missile pro- Mat-Su Valley area in south central call to Mr. Kim’s advisers, who enjoy a grams—at least not to any reasonable Alaska, which is about 3,600 miles from pretty comfortable status quo, thanks level of engagement where the terms Pyongyang. Perhaps it is a little longer to their leadership positions. But life is are not dictated by the North Korean than a North Korean missile can travel going to be a little bit tougher under regime. today or even in the near future, but it our sanctions regime, if we advance Here we are today. We have a bill on seems to me that North Korea is com- this—no more luxury goods, no more the floor directed to North Korean eco- mitted to advancing its nuclear capa- creature comforts, and, if we are suc- nomic sanctions. It is not about an in- bilities. Its covert nuclear tests and cessful, no more access to hard cur- vasion or the use of offensive weapons the so-called satellite launch that we rency—no exceptions. against the people of North Korea. It is saw over the weekend appear to be pur- This is an important shift for our about bringing about peaceful change, poseful steps in that direction. government with regards to North firmly and respectfully. Just to give a little vignette about Korea. As I mentioned, out of geo- In that vein, let me acknowledge how Alaskans pay attention to North graphic necessity I follow develop- that the people of North Korea are a Korea—we all go around and visit ments in North Korea very closely, and proud, nationalistic people. Like all of schools around our respective States— the world’s peoples, they wish to be re- I have since I came to the Senate. I I was at a middle school and I had an spected by others. Yet they are gov- have had the opportunity over the eighth grader ask me a question. When erned by an intolerant and a very per- years to spend time with U.S. officials asked what was on anybody’s mind, plexing regime that tolerates hunger who have assumed the very difficult what do you want me to know about, and poverty when it is clear that there role of trying to conduct diplomacy and how can I be a better representa- are other choices. with North Korea. Almost without ex- tive for you back in Washington, DC, If the people of North Korea were al- ception, they have advised, when talk- the first eighth grader that raised his lowed to look across the border they ing about North Korea, to choose re- hand said to me: Senator MURKOWSKI, would see an example of prosperity. spectful language, to avoid threats, to what are you doing in Washington They would see a strong commitment about this Kim Jong Un guy? This is an find ways to allow one’s words and to traditional values. They would see eighth grader. one’s sincerity to penetrate. We are family members with whom someday I am not going to suggest to you that now at that point where some are say- they would hope to reunify. perhaps Alaskan eighth graders are ing quite strongly that this respectful None of the world’s nations are out more attuned to politics around the approach hasn’t really gotten us any- to deny North Korea the opportunities world. The reason I raise this is be- where with this regime. This Senator for that prosperity, traditional values, cause around the dinner tables back would suggest that we can be and must and the reuniting of families. But we home, people are talking about North be very firm while at the same time re- do rightly demand—and it is legitimate Korea because our geography puts us spectful. that we demand—that North Korea be within that range of sight, if you will. Let me share a couple examples of a part of the community of nations. I use that term loosely, but when look- some things that many of my col- That means that Mr. Kim must aban- ing at the maps and understanding leagues may not have been aware of. I don these nuclear ambitions. where Alaska is and where North Korea had an opportunity this past Sep- I believe that it is important that is and reading the news about what is tember to travel with a couple of my our Nation be prepared for anything happening with North Korea’s nuclear Senate colleagues to Svalbard, Norway. that may come our way. My home intentions, it causes Alaskans to be Svalbard is where one of the world’s State of Alaska is host to our Nation’s worried enough to be discussing it at global seed vaults is located. The seed ground-based missile defense capabili- the dinner table, and eighth graders vault is intended to preserve a wide va- ties. I was pleased to read in yester- are saying: What is going on? It is real riety of plant seeds from around the day’s budget announcement plans to for us. world in the event there might be some make a $1 billion investment in the North Korea’s actions demand deci- kind of widespread regional or world- ground-based missile defense system. sive action here in Washington, DC, in wide crisis that would wipe out local Significant investments are also made Beijing, and at the United Nations. The crops and seed. It is nicknamed ‘‘the in the Long Range Discrimination Washington Post editorial just yester- doomsday vault.’’ Radar, or LRDR, which is slated for day noted that the Obama doctrine of I had an opportunity to go into this completion at Clear Air Force Station strategic patience is no longer an op- vault and just observe what various na- by the year 2020. That radar is exactly tion. Mr. Kim seems to view that as a tions have sent to the top of the world what the words imply—a radar that sign of weakness. He seems to fancy up there. In that vault we saw one of will enable our missile defenders to playing Washington off against Beijing, the few instances of North Korean take a really good long look and better and neither capital can afford him that international cooperation. We saw discriminate between threats and junk. luxury, lest North Korea make fools of boxes of seeds from North Korea. There I am also pleased to know that the both. was a box that came in with over 5,700 United States is working through the China has a major role to play in plant crop seeds from that hermit placement of missile defense batteries showing Mr. Kim the light. Mr. Kim kingdom. Just last month, North in South Korea.

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR16\S10FE6.001 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1620 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 February 10, 2016 These investments provide an incre- range Taepo Dong-2. Three months That is why the junior Senator of ment of protection, but the truth is later, North Korea conducted its first Colorado’s legislation is so important. that they are second-best to a change underground nuclear test. It provides our sanctions with greater in attitude coming out of Pyongyang. These hostile acts prompted the U.N. teeth. It mandates sanctions on indi- That is truly what I hope we will Security Council to adopt, under Chap- viduals who have materially contrib- achieve through this sanctions vote ter VII, Resolution 1695—condemning uted to North Korea’s nuclear and bal- today. the missile launch—and Resolution listic missile program. Thank you, Madam President. 1718—demanding that North Korea re- I also think it is important to pause I yield the floor. frain from further nuclear tests and here to notice that, unlike North Ko- Mr. HATCH. Madam President, today imposing sanctions on the regime. rean autocrats who have imposed their I wish to steadfastly support the North Once again, in 2009, North Korea car- will on the North Korean people by Korea Sanctions and Policy Enhance- ried out a virtually identical pairing of sending vast numbers to forced labor ment Act of 2016. rocket and nuclear tests. In April of camps and early graves, the United Before I discuss the merits of this that year, the rogue state launched a States’ sanctions are directed only at critical legislation, however, I wish to three-stage Unha-2 rocket. One month those who facilitate violations of inter- congratulate the author of the Senate later, Pyongyang conducted another national law. version of this act, the junior Senator underground nuclear test. This second In sum, North Korea’s repression is from Colorado. The bill he crafted will round of nuclear and rocket tests elic- indiscriminate. Our sanctions are fo- reinvigorate our Nation’s efforts to ited U.N. Security Council Resolution cused on punishing the guilty. Accord- thwart North Korea’s continued devel- 1874, which expanded sanctions, inten- ingly, the junior Senator’s legislation opment of nuclear weapons and bal- sified inspections to prevent prolifera- requires the administration to identify listic missile technology. In addition, tion, and barred further missile tests. human rights abusers in North Korea it seeks to further protect our Nation Unfortunately, Pyongyang was not and direct sanctions against them. from cyber attack and begin to hold re- deterred and repeated its weapon and The bill also addresses one of the sponsible those who have committed rocket pairing in late 2012 and early growing threats to our nation: cyber human rights abuses against the people 2013. Specifically, in December 2012, the attack. Therefore, the administration of North Korea. newly installed Kim Jung-un ordered is tasked to devise a strategy to con- I also wish to commend the chairman the launch of another Unha-3 rocket. front and counter North Korea’s cyber and the ranking member of the Senate Two months later, North Korea con- attacks against the United States. It Foreign Relations Committee for ducted another underground nuclear also directs the executive branch to designate sanctions against those re- working together to shepherd this bill test. The U.N. Security Council re- sponsible for these belligerent acts. through their committee with strong sponded in kind with Resolution 2087— This is an important piece of legisla- bipartisan support. strengthening sanctions related to the tion which tightens the ring of deter- Once again the Senate turns its at- missile launch—and Resolution 2094— rence against a regime that continues tention to confront one of the most tweaking sanctions related to North to defy international law. This bill’s atrocious regimes of the modern era: Korea’s nuclear program. objective is not to needlessly interfere the so-called Democratic People’s Re- In addition to the now-cyclical pair- in the affairs of a foreign nation; rath- public of Korea—or North Korea. In- ing of rocket launches and nuclear er, it is to provide a tool to force an ag- stead of working to create the workers’ tests, North Korea has assumed the gressor into compliance with inter- paradise, which is purported to be one role of a petulant child in a variety of national law and to deter North Korea of the autocratic regime’s primary ob- other areas. For example, North Korea from committing hostile acts not only jectives, millions have starved as part has directly violated both the Korean against the United States and its al- of North Korea’s policy of placing the Armistice Agreement and article 2 of lies, but also against the North Korean military first. the U.N. Charter by taking kinetic people. I urge the prompt passage of But make no mistake, the threat military action against South Korea. this legislation. posed by North Korea is not an incon- In 2010 alone, North Korean forces Mr. REED. Madam President, today I sequential concern about the domestic sunk a South Korean patrol ship—ac- join my colleagues in supporting the affairs of a distant land. On January 6, cording to a multinational commission North Korea Sanctions and Policy En- the regime conducted a subterranean that investigated the incident—and hancement Act of 2016. This legislation nuclear weapons test, claiming to have separately fired artillery rounds at a will send a strong message to the detonated a hydrogen bomb for the South Korean island, killing two Ko- North Korean regime that there are first time. Even Russia decried the test rean Marines and injuring 17 others. consequences to its dangerous and de- as ‘‘a flagrant violation of inter- North Korea has also been guilty of stabilizing activities on the Korean pe- national law and existing UN Security repeated acts of proliferation to rogue ninsula. Just in the past month, North Council resolutions.’’ states around the world. The Wash- Korea has conducted its fourth nuclear Then, this past weekend, the North ington Post and the New York Times weapon test and launched a satellite Korean satellite launched on Sunday reported that, in 2004, Libya received into orbit, both of which violate sev- passed almost directly over the sta- uranium hexafluoride of suspected eral United Nations Security Council dium where the Super Bowl was played North Korean origin. Similarly, the Of- resolutions. The bipartisan bill before an hour after the game, according to fice of the Director of National Intel- us makes clear that Congress will not press reports. This hostile act is even ligence revealed that North Korea as- tolerate the North Korean regime’s more disconcerting when we remember sisted the Assad regime in constructing continuing and flagrant violations of that the technology to launch such a a nuclear reactor in northern Syria international law. satellite into orbit is virtually iden- that Israeli forces destroyed in 2007. This bill is comprehensive and ad- tical to what is required to launch an I recite this partial history so that dresses a number of important con- intercontinental ballistic missile with there is no misunderstanding. North cerns. First, it prohibits defense ex- a warhead. Korea earned international condemna- ports to North Korea and withholds Unfortunately, these provocative tion not merely for its recent trans- foreign assistance to those govern- acts are only part of a recurring pat- gressions, but for countless bad deal- ments that provide lethal military tern orchestrated by North Korea over ings over the last decade. Unfortu- equipment to the government of North the past several years. nately, previous U.N. resolutions and Korea. Second, it codifies and makes The pattern of closely pairing a nu- the sanctions imposed by our own gov- mandatory important cyber security clear test with rocket launches began ernment have not achieved the desired sanctions under Executive Orders 13681 in 2006, when the regime fired seven result of terminating North Korea’s re- and 13694 that are essential to coun- ballistic missiles, including the long- calcitrant activity. tering North Korea’s dangerous cyber

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR16\S10FE6.001 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 1621 attacks, like the one perpetrated onstrate to the North Korean regime to strengthen sanctions on the rogue against Sony Pictures Entertainment that further violations of U.N. sanc- North Korean regime. in November 2014. Third, it includes tions will not be tolerated. Even These sanctions are an important sanctions on individuals who know- though North Korea has continued to tool in resolving the growing threat ingly engage in the serious human evade sanctions for the past decade, from Pyongyang. The legislation before rights abuses that are perpetuated by the response at the United Nations the Senate would help prevent North the regime against its own people. should be to identify the ways to make Korea from obtaining goods or tech- I would like to commend my col- sanctions more effective and targeted nology related to nuclear weapons, ban leagues from the Banking and Foreign rather than to walk away from sanc- foreign assistance to any country that Relations Committees who have tions entirely. provides lethal military equipment to worked to move this legislation for- We know sanctions can work because North Korea, and target the country’s ward. It is critical that we use all of they have before. In 2005, the U.S. trade in key industrial commodities. our diplomatic and legal resources to Treasury Department froze $24 million These steps are absolutely essential if further restrict North Korea’s ability in North Korean accounts important to we are to achieve our longstanding to fund its nuclear weapons and bal- the regime at the Banco Delta Asia mission to end the North’s nuclear listic missile programs. bank. As a result of this action, which weapons program. Certainly, sanctions I urge my colleagues to support adop- was taken pursuant to authority Con- are far preferable to preemptive mili- tion of this important legislation. gress provided in the USA PATRIOT tary force, which I strongly oppose. Ms. COLLINS. Madam President, I Act, the North Koreans returned to the In addition to sanctions, the U.S. wish to speak in support of the North six-party nuclear talks. They stayed at must work with the few nations that Korea Sanctions Enforcement Act. the talks until the frozen assets were have diplomatic and economic rela- Last week, North Korea launched a released 2 years later. tionships with North Korea—namely space satellite into orbit in direct vio- The bill we are considering today re- China—to pressure Kim Jong Un to lation of U.N. sanctions. Last month, quires the Department of the Treasury stop threatening the stability of the re- North Korea tested its fourth nuclear to reevaluate whether North Korea gion and join the community of na- bomb since 2006. North Korea’s steady should be considered a primary money- tions. While China may have been a march toward expanding its nuclear ar- laundering concern, which would per- steadfast ally of North Korea’s in the senal continues unabated. Even more mit the President to enact the same past, China now has far more shared in- troubling is North Korea’s willingness type of sanctions that brought the terests with the U.S. than with to sell its nuclear and ballistic missile North Koreans back to the negotiating Pyongyang. It is time to make resolv- technology to the highest bidder, as table 10 years ago. I urge the Treasury ing the Korean peninsula conflict a top demonstrated by its previous coopera- diplomatic goal in terms of our own re- tion with Iran. Department to complete this review as The North Korea Sanctions Enforce- quickly as possible so that the Presi- lationship with China. ment Act is an appropriate and timely dent has at his disposal the full array I am pleased to see that the sanc- measure to expand U.S. sanctions of options to persuade, coerce, and ef- tions bill includes a waiver to allow hu- against not only North Korea, but also fectively contain the dangerous North manitarian organizations to deliver those that facilitate North Korea’s il- Korean regime. much needed relief to ordinary North licit and nefarious activities. In doing I thank Chairman CORKER and Rank- Korean citizens and authorizes $2 mil- so, this legislation will deliver the ing Member CARDIN for bringing this lion for humanitarian assistance. Sanc- message to the North Korean regime measure to the floor, and I thank Sen- tions come at a cost, and we must do that its continued development and ator GARDNER and Senator MENENDEZ everything possible to make sure the proliferation of nuclear weapons, mate- as well for their extensive work on this North Korean people—who already suf- rial, and delivery systems will not be legislation to address the nuclear fer so much under Kim Jong Un—do tolerated. threat posed by the erratic and unsta- not pay an even greater price. At the same time, the United Nations ble North Korean regime. While I will be necessarily absent for Security Council must address this I urge my colleagues to support this the expected bipartisan passage of the issue with the same sense of urgency, vital, bipartisan legislation. bill, I strongly support the North unity, and commitment that the House ∑ Mr. SANDERS. Madam President, Korea sanctions legislation.∑ has shown and the Senate will dem- the totalitarian state of North Korea is Mr. SULLIVAN. Madam President, onstrate in passing this bill later becoming more belligerent by the day. today the Senate will vote on the today. In January, the country detonated its North Korean Sanctions and Policy En- First, U.N. member countries must fourth nuclear bomb since 2006—which hancement Act, a bill I am proud to co- fully understand and implement the the North Korean military claims was sponsor with my colleague from Colo- many existing sanctions against North a small hydrogen bomb. Just last week, rado, Senator CORY GARDNER. This leg- Korea already on the books. Unless the country launched a rocket carrying islation mandates new sanctions on they do, the sanctions will never work. a satellite into space, foreshadowing North Korea’s ballistic missile and nu- The United States has minimal trade the possible development of a long- clear program, targets cyber criminals with North Korea, whereas China, a range ballistic missile capable of deliv- and officials involved in censorship, permanent member of the U.N. Secu- ering a nuclear payload. According to and addresses the regime’s long history rity Council, accounts for 70 percent of National Intelligence Director James of human rights abuses. all of North Korea’s economic trade. Clapper, North Korea recently ex- The recent rocket launch and the Yesterday, a new report released by a panded a uranium enrichment facility fourth nuclear test by North Korea last panel of U.N. experts found that North and restarted a plutonium reactor that month is a stark reminder that it is a Korea continues to evade international could start recovering material for nu- rogue state, under unstable leadership sanctions because the sanctions have clear weapons within months or even that will stop at nothing until it fully been seldom implemented, and some weeks. I am deeply concerned by these realizes its nuclear ambitions. The cur- countries do not fully understand their actions. rent policy of ‘‘strategic patience’’ has obligations under the relevant U.N. Se- We must exhaust every diplomatic yielded nothing more than a flagrant curity Council resolutions. In other in- option we have to pressure North testing of American resolve around the stances, there is simply a lack of polit- Korea to abandon its nuclear weapons globe and a weakening of our Nation’s ical will to enforce the sanctions. This program, halt its aggressive military credibility. North Korea’s recent has to stop for sanctions to be effective posturing with South Korea, and ad- provocations have acknowledged that against North Korea. here to the tenets of international reality. Congress must act and do so Second, the U.N. Security Council human rights law. That is why I loudly. Now, more than ever, we need must adopt new sanctions to dem- strongly support the bipartisan effort to send a message to North Korea that

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The senior assistant legislative clerk the arrangements that are being made I know Senator FEINSTEIN now has proceeded to call the roll. by saying to a country: If you continue the floor. I yield to our distinguished Mr. INHOFE. Madam President, I ask to do business in North Korea, then we colleague, Senator FEINSTEIN. unanimous consent that the order for will have sanctions against your coun- The PRESIDING OFFICER. The Sen- the quorum call be rescinded. try. ator from California. The PRESIDING OFFICER. Without This is something that has worked to Mrs. FEINSTEIN. Mr. President, I objection, it is so ordered. a degree in Iran. It is a system that thank the chairman very much. I want Mr. INHOFE. Madam President, we should be set up, and we will have the Senator CORKER to know that I fully have a very significant vote coming up, opportunity to do that this afternoon. support his committee’s recommenda- and people are not talking about it as If anyone engages in trade with tion and believe the time has come to much as they should. We had a hearing, North Korea, as well as those deter- enforce and place some sanctions and, of course, the Chair was there at mined to be responsible for human against North Korea. the hearing, where we had James Clap- rights abuses, money laundering, coun- I think we all judge the world’s lead- per talking about the threat that we terfeiting, or undermining cyber secu- ers based on their actions and their are faced with here in the United rity, this bill demonstrates America’s stated intentions. To me there is no States. resolve in holding North Korea respon- question that Mr. Kim’s intentions are James Clapper—just to remind peo- sible for its actions, along with those adverse to the well-being of our coun- ple—has been around as the chief intel- countries, organizations, and individ- try. As a citizen of the western United ligence director or involved with intel- uals who are assisting them. States and a Senator representing ligence in hearings in Washington for Of course, it is very significant that nearly 40 million people in California, 43 years. This guy knows what he is we go ahead and move forward with this is all very alarming, and it should talking about. He made a statement this, get this passed today, and send a alarm the world. yesterday that we have never been in very clear message, not just to North If you take stock of North Korea’s re- as high of a threat position in all of the Korea but to all of those countries who cent actions and their capabilities, the 43 years that he has been there. might be tempted to be trading with cause for concern is apparent. On Janu- In fact, there was an article released them that they could be subject to the ary 6 of this year, North Korea deto- yesterday where it was stated that same sanctions. nated its fourth nuclear device. Re- ‘‘North Korea had expanded its produc- With that, I yield the floor. gardless of whether it was a hydrogen tion of weapons-grade nuclear fuel, The PRESIDING OFFICER (Mr. bomb or not, Mr. Kim’s intention is making clear that the Obama adminis- TOOMEY). The Senator from Tennessee. clear: he seeks a nuclear arsenal. tration now regarded the reclusive gov- Mr. CORKER. Mr. President, I know Unfortunately, the measures the ernment in Pyongyang, rather than we have a little shift taking place, but international community have adopted Iran, as the world’s most worrisome I thank Senator INHOFE for his staunch to date have been insufficient to stop nuclear threat.’’ national security support and certainly him. In October of 2006, the North Ko- That threat is real. We all recall support of this legislation. I appreciate reans first detonated a device which when Kim Jong Un replaced his father, his comments, and I think we are going had an estimated yield of less than 1 and as bad as his father was, he was at to have a successful day today in doing kiloton. In May of 2009, they detonated least a little more dependable in terms something that is important. a second device, roughly 2 kilotons. In of predictability than Kim Jong Un. I think you know the administration February 2013, they detonated a third Just yesterday it was reported that has tried to work with the U.N. Secu- device, 6 kilotons to 7 kilotons, and the he killed the chief of his general staff. rity Council to get them to impose one this year was the fourth. I would It was a year ago that he did the same sanctions, as you would think they not be surprised if their most recent thing. So if someone disagrees with would wish to do. China has been the test had a greater yield than the last. him, they execute him. holdup there. You would think as a Not only have North Korean weapons Under the leadership of Kim Jong Un, next-door neighbor they would be most become more lethal, but their stock- North Korea has repeatedly violated apt to want sanctions and other ac- pile has likely increased over time. Ac- Security Council resolutions regarding tions to be put in place to push back cording to a February 2015 analysis by weapons of mass destruction and the against North Korea. the Institute for Science and Inter- means to deliver them. Since assuming This is something that is important national Security, North Korea has be- power in 2012, his regime has conducted that we are doing in a proactive way, tween 15 and 22 nuclear weapons. By satellite launches in December 2012, and hopefully it will spur other actions the end of 2014, and they could have 20 and in February 2016 continues to de- down the road. to 100 nuclear weapons. That is deeply velop it’s ballistic missile program. It Mr. INHOFE. Will the Senator yield? troubling, especially as North Korea has conducted missile tests from sev- Mr. CORKER. I yield to the Senator. continues to make advances in their eral launched locations, and he has Mr. INHOFE. It was January 7 of 2013 missile program. conducted nuclear tests in February of that I was there on the DMZ. That is Again, experts at the Institute for 2013 and January 2016, so he just con- the largest active DMZ that is out Science and International Security tinued all the way through it. All of there now—160 miles long, 2 miles wide. have warned that North Korea likely these things are in violation of the Even at that time, we were talking has the capability to mount a nuclear U.N. Security Council resolutions. about the necessity of immediately warhead on its medium-range missiles. North Korea also continues to be in- getting sanctions in there to stop the Most of Japan and all of South volved in criminal activities around threats. Because our intelligence— Korea, each of which hosts tens of the world to include cyber attacks while it can be good and it cannot be so thousands of U.S. military and civilian against organizations and govern- good, still there is speculation that personnel, are easily in range. And just ments. This bill that we are going to be they had that capability, and that ca- this past weekend, they again tested an considering—the passage of the North pability has to be stopped. ICBM under the guise of placing a sat- Korea Sanctions and Policy Enhance- I applaud the Senator and his team ellite in space. According to various re- ment Act that we will be voting on— for moving forward with this issue. ports, North Korea tested a three-stage

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So to evade this vulner- When she finally placed the quiet, to take one moment to thank Senator ability, North Korea appears also to be dead child on the desk, the officials no- FEINSTEIN, who knows so much about developing a road-mobile ICBM, the ticed its stomach was red. They then the intelligence around this and has KN–08, which it is estimated can reach opened the child’s stomach and found spent a great deal of her Senate career the United States. about 2 kilograms of copper inside. To making sure she does, and she under- In April of this past year, ADM Bill survive, this woman was forced to stands China probably as much as any Gortney, the head of the North Amer- smuggle copper in her own dead child’s Senator here. She has been involved in ican Aerospace Defense Command, stomach. No mother anywhere on all kinds of bilateral meetings and dis- said: ‘‘We assess that it [the KN–08] is Earth should be forced to such ex- cussions and has led the Senate in operational today’’ and that the mobile tremes. many ways in understanding what is nature of the KN–08 makes it a difficult When it comes to the international happening within the country. So her target. response to North Korea and its pro- comments—especially today with this Gortney also said: ‘‘Our assessment vocative behavior, I very much regret important piece of legislation—are cer- is that they [the North Koreans] have that China has not seen fit to do more. tainly well-received and appreciated. the ability to put a nuclear weapon on In my view, China, in its size and capa- Again, we thank her for what she does a KN–08 and shoot it at the [U.S.] bility, has the ability to rein in North to help keep our country safe and for homeland.’’ Korea and is probably the only country her diligent efforts on the Intelligence It is not just the nuclear weapons and in the region that can do so. Committee. missile program that give me pause. In North Korea’s nuclear test facilities I know Senator MARKEY is next in the last several years, North Korea has are close to China’s border. Just like line to speak. Before he does, I wish to committed highly provocative acts. Japan and South Korea, China’s secu- thank him for his contributions to North Korea chose to sink a South Ko- rity is threatened by an unstable nu- making this bill better. He amended rean naval vessel in 2010, killing 46 sol- clear power in its neighborhood. Yet the bill. I think he has other amend- diers. It has shelled South Korean is- China continues to provide the fuel, ments he would like to see happen at some time. lands and planted mines along the DMZ food, trade, and international protec- I would say that there is probably no that maimed South Korean soldiers. It tion that sustains Mr. Kim’s govern- one here who focuses more on prolifera- has undertaken sophisticated cyber at- ment. In my meetings with China’s Ambas- tion and ensuring that rogue coun- tacks against U.S. companies, Sony sador Cui in Washington, DC, I have ex- tries—and actually some that aren’t Pictures, and South Korean banks. pressed to him that China can and even so rogue but that have rogue con- Previously, North Korea walked must do more. I have tried to impress stituents within their countries—don’t away from the 1994 Agreed Framework upon him that a nuclear-armed North continue to proliferate by sharing in- and withdrew from the Nuclear Non- Korea, with ever-increasing weapons, is formation, sharing technology, and Proliferation Treaty. Most recently, it not in China’s security interests. sharing assets with other countries. So has repeatedly flouted U.N. Security The United States cannot sit in si- I thank him for his contribution in Council resolutions and proliferated lence in the face of North Korea’s ever- bringing this bill to the floor today, weapons of mass destruction tech- advancing nuclear and missile pro- and I look forward to his comments. nologies. grams. For some, Iran has been a big I yield the floor. With respect to its own human rights threat. For me, reading the intel- The PRESIDING OFFICER. The Sen- record, a 2014 United Nations Human ligence and seeing the progress over ator from Massachusetts. Rights Council report makes clear that the years of North Korea’s nuclear ar- Mr. MARKEY. Mr. President, let me North Korea’s leaders should be pros- senal, I believe North Korea is a very begin by thanking the chairman of the ecuted for crimes against humanity. serious threat to the well-being of this Foreign Relations Committee, the gen- The United Nations has found that country. We must protect and reassure tleman from Tennessee, for the focus North Korea is committing systematic, our allies in the region. That may in- he has brought to these issues of nu- widespread and gross human rights vio- clude placing more advanced missile clear proliferation and for his great lations against its own people. The re- defenses, both in South Korea and service to our country, having all of gime selectively distributes food to Japan, as well as closer trilateral mili- our people understand the threats that privileged individuals and routinely tary cooperation with these countries. can come from Iran, from North Korea, uses starvation to punish dissent. Tor- The fact that the North Korean Gov- and from other places across our plan- ture, forced disappearances, and inhu- ernment has resisted international et. It is the ultimate issue. If we get it mane detention conditions are routine. overtures and condemnation leaves us wrong, the consequences will be cata- In the past, the regime even jailed little choice. So I come to the floor strophic. So I thank the chairman for three generations of dissidents on the today to support the North Korea continuing to have the hearings and concept of guilt by association. In its Sanctions and Policy Enforcement Act continuing to develop legislation that prison camps alone, the United Nations of 2016. This bill will impose mandatory focuses our people on this issue. We are estimates that hundreds of thousands sanctions against North Korean per- the global leader. We have to set the of dissidents have died. sons and entities involved in weapons example for the rest of the world to fol- One anecdote from the U.N.’s report of mass destruction development, de- low. I thank him for his great leader- demonstrates the total and diabolical livery, and proliferation; serious ship on these issues. suffering put upon the North Korean human rights abuses; trade in luxury The sanctions in this bill represent a people under this regime. Ordinary Ko- goods; money laundering; smuggling; firm response to North Korea’s latest reans must go to extraordinary lengths and narcotics trafficking. This legisla- nuclear test on January 6 and to its to survive, including prostitution, tion alone, though, will not cease launch of a long-range rocket last theft, and smuggling. North Korea’s illegal activities. How- weekend. These brazen actions remind A U.N. investigator was told of an in- ever, it is the beginning of a more com- us of the serious threat Pyongyang stance when a woman was pulled off a prehensive response to North Korea’s poses to global and regional security train, and a dead, small child—no more increasingly dangerous behavior. and underscore the urgency of ending than 2 years old—was strapped to her I thank the chairman and his com- North Korea’s nuclear and missile pro- back. State security suspected the mittee for bringing forward this legis- grams.

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR16\S10FE6.001 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1624 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 February 10, 2016 Together with our international country as a ‘‘primary money laun- he will face pressure to ‘‘use them or partners, we must be vigilant against dering concern.’’ This would allow the lose them.’’ Thus, even as we work to North Korea’s development of boosted Treasury Department to exclude North deter Kim, we must establish a means nuclear bombs which would allow Kim Korea from using the dollar-based fi- of communicating during crises to Jong Un’s regime to shrink its weapons nancial system. The use of this des- avoid the risk of accidental nuclear and load them onto missiles. And we ignation in 2005 against the Banco war. Ensuring deescalation at the same must unequivocally convey to North Delta Asia in Macao disrupted North time as we pursue deterrence and Korea that any proliferation of nuclear Korea’s access to revenue and led one denuclearization will not be easy. Nev- technologies to other countries will North Korean negotiator to admit that ertheless, given the devastating con- lead to the gravest of consequences. ‘‘you finally found a way to hurt us.’’ sequences of nuclear war, it is critical North Korea’s nuclear and missile North Korea is one of the leading that we take a comprehensive ap- programs violate numerous U.N. Secu- counterfeiters of U.S. currency. It uses proach. rity Council resolutions. Those include front companies to hide its illicit earn- Without additional sanctions, Kim Resolution 2094, which required North ings from trade in narcotics, weapons, will never disarm, but without a means Korea to abandon ‘‘all nuclear weapons and proliferation technologies. Al- of controlling escalation, we could one and existing nuclear programs’’ and though the Treasury has designated 18 day wake up to a nuclear disaster that imposed sanctions to pressure Kim to financial institutions and 4 countries— no one wants and everyone would la- return to disarmament negotiations. including Iran—as primary money ment. We should work on a continuous These measures have not yet persuaded laundering concerns, it has never des- basis to make sure that—in the same Kim to abandon his nuclear ambitions, ignated North Korea. For this reason, I way the Soviet President and the in part because major gaps remain in filed an amendment in the Foreign Re- President of the United States were the sanctions regime, particularly its lations Committee—which I will work able to communicate to reduce the enforcement by China. to include in the final version of this likelihood that we would have an acci- In 2009 the Security Council imposed bill—that would require the Treasury dental nuclear war, we have to make a conventional arms embargo on North Secretary to determine on an annual sure we have done everything in our Korea, but China insisted on a loophole basis whether North Korea is a primary power to accomplish the same goal allowing North Korea to import ‘‘small money laundering concern and to pro- with the North Korean Government, arms and light weapons.’’ North Korea vide Congress with information about whether we like them or not. has exploited this loophole to continue that determination, as well as any fi- I want to compliment the chairman, its lucrative international trade in nancial restrictions that result from it. the Senator from Colorado, and the conventional arms. According to the Just as we protect the international Senator from New Jersey for their U.N.’s own council of experts on North financial system from North Korea’s great work on this legislation. It is Korea, this trade remains ‘‘one of the counterfeit currency and money laun- going to be a long struggle to ulti- country’s most profitable revenue dering, we must protect American in- mately deal with that regime. I think sources.’’ North Korea is especially vestors who may unknowingly invest we will have to return to it over and well known for purchasing light weap- their money in companies that do busi- over again, but I think, as we are going ons from China, which it then sells to ness with North Korea. The prospect of forward, it is critical—through the Chi- other countries for cash. American companies investing in nese or through others—to make sure Although North Korea’s arms exports North Korea is quite real. One Amer- violate U.N. sanctions, the Chinese we have maximum communication. We ican company, Firebird Management, companies that sell the arms in the could have an accidental nuclear war. first place get off scot-free. The in- has publicly declared its intention to It could happen. We have to make sure volvement of Chinese companies in invest in North Korea’s oil industry. that is avoided. That is why I introduced another Mr. President, I yield the floor. North Korean arms smuggling is part amendment in committee that would The PRESIDING OFFICER. The Sen- of a larger pattern of China’s lax en- require companies that issue securities ator from Tennessee. forcement of nonproliferation sanc- in the United States to annually dis- Mr. CORKER. Mr. President, I think tions against North Korea. APITO is on her way down and As Assistant Secretary of State Tom close any investments in North Korea Senator C Countryman acknowledged in a For- to the Securities and Exchange Com- is the next speaker. While we have a eign Relations Committee hearing last mission. This requirement would not moment, I want to thank Senator May and again in December, Chinese impose any regulatory burden on com- GARDNER in his presence. And on an entities continue to sell technologies panies that do not invest in North issue that is important to not just our to North Korea that could assist in its Korea, but those companies that do security but the world’s security, I development of nuclear-capable bal- should have that information made thank Senator MENENDEZ for taking listic missiles. China’s efforts to clamp public because the American people de- leadership in the way that he has and down on these activities remain feeble serve to know which American compa- for working with Senator GARDNER, at best. nies are investing in North Korea. Senator CARDIN, and me to make sure If the United States is to continue to Again, I hope to strengthen this bill we ended up with something that I be- provide extensive assistance to China’s down the line by incorporating that re- lieve is going to receive warm support. nuclear power industry, China must in quirement. These are issues he has been concerned return crack down on those who enable We know that sanctions are not an about for a long time. He has not only North Korea’s nuclear provocations end in and of themselves; rather, they been concerned about them, he has and its weapons-smuggling networks. are meant to pressure the Kim regime shown leadership in putting together The United States must also take ac- to return to disarmament negotiations. policies to combat them. Senator tion on our own. That is why I worked But at the same time, as we pursue GARDNER knows and said earlier that to include an amendment in this bill that critical goal, we must work to re- even though this is a step—we all know that will impose sanctions on anyone duce the risk that North Korea will use it is a big step, really, especially with who facilitates North Korea’s arms its nuclear weapon, whether delib- the U.N. Security Council unwilling to trade, including Chinese corporations. erately or through miscalculation. take actions in light of the violations My provision will further reduce North First and foremost, we must make that have occurred. There is going to Korea’s access to revenue, undermine clear to Kim that his regime will not be a lot of diligence that will be nec- its international arms smuggling, and survive any use of nuclear weapons. We essary to get in what we want to get in, put pressure on Kim to return to nego- must also reduce the risk of Kim lash- but this is certainly a significant step, tiations. ing out in desperation. If he comes to and I thank him for his efforts. We must also put financial pressure believe that we intend to destroy his The PRESIDING OFFICER. The Sen- on North Korea by designating the nuclear weapons in a preventive war, ator from New Jersey.

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR16\S10FE6.001 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 1625 Mr. MENENDEZ. Mr. President, I munities. They collect sales taxes on In addition to municipalities losing thank the chairman. Earlier when the their products and on their services. out on important funds, the State of chairman couldn’t be on the floor, I Internet sales providers are not re- South Dakota would also lose out to thanked him for his leadership in the quired to provide a collection service the tune of $9.3 million annually. committee, for creating an environ- for those States for services or prod- Maybe in Washington DC we don’t care ment that is bipartisan. At a time in ucts that are being delivered into those about $9.3 million, but in South Dakota which bipartisanship in the Senate is a States. It requires congressional action they do. Well, we don’t balance our continuing challenge, it is particularly in order to allow them to accomplish budget, but every single State out important in foreign relations—some- this. there or just about every State does. thing that I tried to set out when I was Pairing these plans would have been When we step back in and we tell a chairman. I appreciate the way his a net benefit for States, local govern- them we are going to unilaterally take leadership has led the committee so ments, and small business owners who away one source of revenue, but we that we could have moments like this are already required to collect sales still expect them to provide the serv- and of course Senator GARDNER, who and use taxes on their products and ices, it seems to me we are moving in has very graciously worked together services. Together they would rep- the wrong direction. We don’t have the with me to bring a moment of what I resent sound tax policy, but that is not luxury of South Dakota punting. We hope will be an overwhelmingly, maybe what we are doing with the Customs are required to balance our books every unanimous vote in the Senate, because conference report by including ITFA year. At the State and local level, when we do that we send an incredibly and not including the Marketplace every single dollar counts. strong message throughout the world. Fairness Act. Singled out, it is not right for the We generate leadership, where we may ITFA, enacted by itself, would put in Federal Government to dictate State not see the will at the United Nations, place a moratorium to permanently and local budgets, as the ITFA part of particularly because of the Security promote State and local entities from the conference reports attempts to do, Council’s structure and the vetoes that imposing taxes on Internet services at to cut a State and local revenue exist on things like sanctions. Inevi- the State and local level with no con- source. tably, when we have led as a country, sideration or offset for the tax revenue It is unfair to States like ours, which lost by States or local governments we often get the world to join us and operate under tight budgets and that already collect many of these follow it, but sometimes it needs you stretch every dollar to the maximum. taxes. In fact, in South Dakota we aren’t to lead. I am all for cutting taxes, but I am That is what I believe the Senate is overtaxing. Our State burden is the also a strong proponent for the Tenth doing today with an incredibly strong second lowest in the Nation. We don’t Amendment and local control and tax piece of legislation that, as I said ear- have an income tax. We rely on a very fairness for South Dakota businesses. lier, was the most comprehensive strat- broad sales tax. That is the way our In places like South Dakota, we are ac- people have wanted to do it. That is egy set to try to deal with the chal- tually pretty good at balancing budg- why conventional wisdom in this body lenge that is North Korea itself. I ap- ets. In fact, we are required do it every and elsewhere has always been the preciate the chairman’s words and his single year. Washington has no busi- ITFA, which would stop taxing the cost leadership. ness telling States or city commis- of Internet services, would be paired I yield the floor. sioners how to run their books. The PRESIDING OFFICER. The Sen- ITFA has zero impact on the Federal with the MFA—the Marketplace Fair- ator from South Dakota. budget, but it really impacts States ness Act—because MFA lets State and Mr. ROUNDS. Mr. President, I ask and local communities. I believe ITFA local governments recover the losses unanimous consent to be allowed to paired with the Marketplace Fairness from ITFA. speak as in morning business for up to Act continues to make sense. One with- MFA would make certain that Main 10 minutes. out the other does not. Street businesses aren’t at a competi- The PRESIDING OFFICER. Without My opposition is not based on dis- tive disadvantage to companies that objection, it is so ordered. agreement over Internet access. We have no physical presence, employees TRADE FACILITATION AND TRADE need it. We should make it available. or investments in States such as South ENFORCEMENT BILL My opposition is based on the principle Dakota because right now they don’t Mr. ROUNDS. Mr. President, I rise to that we are taking away important have to collect that sales tax or the use voice my opposition to an upcoming revenue sources for State and local tax for products that are being deliv- cloture vote on the conference report governments without any means for ered into the State. Brick-and-mortar for the Trade Facilitation and Trade them to recoup their losses so they can businesses have that requirement. Enforcement Act, commonly known as continue to provide essential services Right now Main Street businesses are the Customs conference report. This to our communities. operating under a disadvantage. MFA vote is expected tomorrow. Let me explain why sound and com- would level the playing field. These While I am supportive of the con- prehensive tax policy is so important brick-and-mortar stores are the busi- ference report as it relates to the Cus- and why ITFA and MFA should con- nesses that provide good-paying jobs in toms legislation, added to the bill at tinue to be a package deal. If the Presi- South Dakota, pay local property the last minute is a measure known as dent signs a Customs conference report taxes, sponsor community baseball the Internet Tax Freedom Act or ITFA into law in its current form with ITFA leagues, and send their kids and for short. ITFA would put in place a attached to it, municipalities in my grandkids to South Dakota schools and moratorium to permanently prevent home State, South Dakota, will lose invest in the future of our State. State and local entities from imposing $4.3 million in revenue annually. That We have an opportunity to level the existing sales and use taxes on Internet is a revenue they rely on to fund essen- playing field for them, rather than services. tial services, such as training for fire- picking winners and losers so they can In the past, I have expressed my sup- fighters and police officers, mainte- continue to be successful and enrich port for ITFA as long as it was tied to nance for parks, upkeep of community the lives of South Dakotans. Let’s let the Marketplace Fairness Act, or MFA, centers and libraries, and repairs to the States and local governments de- which would allow State and local gov- critical roads and bridges. cide how to manage their finances. ernments to collect sales and use taxes Without any way of recouping the Under MFA, South Dakota would from online retailers without a phys- loss, local leaders will be forced to bring in approximately $25 million in ical presence within their State. make a tough decision to cut those im- new tax revenue, which would more In South Dakota, this is a matter of portant services to the community or than make up for the losses under fairness to the families who own small to raise other taxes. Why is Wash- ITFA. If we pass ITFA without MFA, it businesses and support our local com- ington making this decision? dramatically decreases the chance of

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ITFA would see a similar fate if South Korean officials, if the rocket growing number of nuclear weapons not dumped into the Customs con- launched by North Korea on Sunday around the globe. ference report. It would not pass the were successfully reconfigured as a In the decade since North Korea’s Senate alone. There is simply no evi- missile, it could fly more than 7,400 first successful nuclear test, the threat dence to suggest that either measure miles. That is far enough to reach the of nuclear proliferation has not dimin- would pass as stand-alone legislation, shores of the United States. ished. The United States concluded an but together sound tax policy would Although North Korea has never test- agreement with Iran that leaves its nu- move. ed a long-range ballistic missile capa- clear infrastructure in place, causing That is why it is so important that ble of delivering a nuclear warhead, others in the region to declare their ITFA not be implemented without also there can be no question that Kim own interest in obtaining nuclear implementing the Marketplace Fair- Jong Un is intent on building up a nu- weapons. ness Act. Together the two can make a clear arsenal capable of striking the Pakistan’s nuclear arsenal is the real impact on the lives of South Dako- United States. fastest growing in the world, and it tans and all Americans by providing In my role as ranking member of the continues to destabilize the region permanent tax relief to South Dakota Strategic Forces Subcommittee, I was through its ties to terrorist organiza- families, leveling the field of play for in South Korea last July. I listened to tions. North Korea continues to build brick-and-mortar businesses that are the input of General Scaparrotti, the its nuclear stockpile and its ability to contending with an increasingly com- commander of U.S. Forces Korea. I deliver future weapons. petitive online marketplace and at the heard from our servicemembers at In all three of these circumstances, same time assure State and local gov- Yongsan and Osan, and I sat with Congress has been the source of pres- ernments can continue to provide es- South Korea’s Defense Minister to dis- sure on these nations by enacting sential services to their constituents cuss our shared interests and the im- tougher sanctions on Iran, placing a while balancing their budgets. That is portance of this critical alliance. I hold on security funding for Pakistan, then traveled directly to Beijing to something we could learn a lot about. and now this legislation today builds meet with Rear Admiral Li Ji of the Because the Customs conference report on those previous efforts. The results Chinese Ministry of National Defense. includes only ITFA and fails to address may vary, but as I see it, my col- We had a frank and meaningful con- MFA, I will open oppose cloture on this leagues in this Chamber and in the versation about these topics. Despite legislation, and I encourage my col- House have been much more proactive our many differences, it is not in the leagues to join me. than the administration in imposing interest of either the United States or Mr. President, I yield the floor. costs for failing to adhere to inter- China to have a nuclear-armed North The PRESIDING OFFICER. The Sen- national norms. Korea destabilizing Asia and desta- ator from Indiana. President Obama’s approach of stra- Mr. DONNELLY. Mr. President, bilizing the globe with irresponsible tegic patience has failed to accomplish rhetoric and dangerous actions. today the Senate will vote on legisla- the objective of bringing North Korea It is my sincere hope that the U.N. tion to significantly expand sanctions back to the negotiating table, and Security Council and our international against North Korea in response to the partners will follow our lead to expand there is certainly no agreement by country’s dangerous provocations in international sanctions against North them to dismantle their nuclear arse- recent months. This legislation has my Korea, applying the lessons we learned nal and their nuclear program. North strong support. In light of North Ko- in blocking Iran’s nuclear program. In Korea has tested three nuclear weapons rea’s recent actions, it is time we act the meantime, we must continue to en- on the President’s watch, and some ex- decisively and call on the international hance our missile defense systems both perts believe its stockpile could grow community, particularly the U.N. Se- at home and abroad. to 100 weapons by 2020—from 10 to 15 curity Council in China, to do the I look forward to working with Sen- weapons today. In addition to nuclear same. ator SESSIONS to continue our bipar- weapons, the regime is believed to pos- On January 6, North Korea conducted tisan work on the Armed Services sess chemical and biological weapons. a nuclear test involving the under- Committee, to provide necessary re- North Korea is advancing in missile ground detonation of a nuclear weapon. sources to the Missile Defense Agency, technology and has engaged in cyber One month later, on February 7, they and to fulfill our commitment to key attacks against South Korea, Japan, effectively conducted a long-range mis- allies. We must continue to advance and American entities. North Korean sile test under the guise of a satellite MDA’s efforts to deploy additional sen- missiles might not yet be able to reach launch. Just yesterday in the Senate sors and to improve the reliability and the continental United States, but Armed Services Committee, Director of effectiveness of ground-based intercep- American servicemembers stationed in National Intelligence James Clapper tors. South Korea and Japan and tens of testified that North Korea has ex- This has the potential to be a pivotal millions of innocent lives are menaced panded a uranium enrichment facility moment for the international effort to by the threat of weapons of mass de- and restarted a plutonium reactor ca- counter North Korea’s nuclear pro- struction in the possession of an ag- pable of providing fissile material for gram, but the United States must lead gressive regime with little regard for nuclear weapons. the way. Strategic patience has worn what the world thinks of it. Together these actions point to a thin, and it is time to act, by expand- The Arms Control Association notes: dangerous trend of advancing and ex- ing tough sanctions, by strengthening ‘‘North Korea has been a key supplier panding North Korea’s nuclear weapons our missile defense programs, and by of missiles and missile technology to program. While the antics of Kim Jong calling on the international commu- countries in the developing world, par- Un and his cronies may seem out- nity—and especially China—to act re- ticularly in politically unstable re- landish, the threat posed by North sponsibly and decisively in the face of gions such as the Middle East and Korea should be taken seriously. the threat Kim Jong Un poses to global South Asia.’’ The recipients of such ex- Though open-source assessments cast security. pertise are said to be Pakistan and doubt on Kim Jong Un’s claim that he Mr. President, I yield the floor. Iran, among others. In fact, American detonated a hydrogen bomb in Janu- The PRESIDING OFFICER. The Sen- intelligence judged the Syrian nuclear ary, the fact remains North Korea test- ator from Kansas. reactor destroyed by the Israeli Air

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Human Rights Council Chairman CORKER, Senator GARDNER, enforced by the administration. published a report concluding that and the members of the Foreign Rela- The imposition of sanctions, how- ‘‘the gravity, scale, and nature of these tions Committee ought to be com- ever, cannot be the end of our North violations reveal a State that does not mended for their leadership on this Korea policy. As we have seen over the have any parallel in the contemporary issue, and I look forward to joining past few months, the Kim regime is in- world.’’ them in passing legislation later today tent upon disrupting the East Asian se- It would be disingenuous to stand that will put teeth to American diplo- curity environment, threatening both here and place all the blame on the macy. the United States and our allies with President or the administration. North I suggest the absence of a quorum. ballistic missiles and nuclear weapons. Korea is one of the most difficult na- The PRESIDING OFFICER. The Sanctions can work, but they must tions in the world to understand and clerk will call the roll. be enforced and they will take time. In regional complexities make it difficult The legislative clerk proceeded to addition, we need to augment these to find a solution. call the roll. sanctions with other steps to limit the North Korea took advantage of lapses Mr. HOEVEN. Mr. President, I ask North Korean threat. in American resolve during both the unanimous consent that the order for First, we should accelerate efforts to Clinton and Bush administrations by the quorum call be rescinded. develop missile defenses both in East conducting its first nuclear test in 2006. The PRESIDING OFFICER. Without Asia and in the United States. Sanc- Nevertheless, it is obvious to me that a objection, it is so ordered. tions can curtail progress in North Ko- change in approach is necessary. ‘‘Stra- Mr. HOEVEN. Mr. President, I rise in rea’s nuclear and missile programs; tegic patience’’ has been exhausted. support of the pending legislation to however, we must deal with the capa- Stronger measures are necessary. sanction the regime of North Korea for bilities North Korea already has. We While the ideal approach is to work in its belligerent behavior toward the must ensure we are prepared for any concert with the U.N. Security Coun- United States and its neighbors. Today further advancements North Korea cil, we cannot afford to wait for con- the Senate takes up a bill to increase might make before the sanctions take sensus on punitive measures from the sanctions on North Korea. hold. U.N. that may never come. Most Americans would be surprised, I Second, we need to ensure that we The legislation that the Senate will think, to learn it is still possible to in- have a credible and reliable nuclear pass today in a strong, bipartisan fash- crease and strengthen sanctions on force available to deter North Korea ion seeks to compel Kim Jong Un to re- North Korea. In fact, while we have and reassure our South Korean and turn to negotiations. My colleagues had certain sanctions on North Korea Japanese allies. In 2014, and again ear- have written legislation that ensures in place for many years, these sanc- lier this year, a nuclear-capable B–52 sanctions are mandatory—to be waived tions have never been as strong as they flew over the Korean Peninsula to per- only on a case-by-case basis that re- could be and should be, and that is why form this vital deterrence and assur- quires a written explanation justifying we are here today. ance mission. But to maintain stra- the waiver. The secondary sanctions will penalize We are now dealing with a third gen- tegic credibility, we must modernize those outside of North Korea who as- eration of dictators in Kim Jong Un, our bomber fleet and our nuclear cruise sist in the regime’s nefarious behavior. who is proving to be as disastrous as missiles. Without China’s support in restricting his infamous father and grandfather, To bring the Nation’s bombers up to North Korea’s ambition, America and Kim Il-sung, the founder of the Kim re- date, the Air Force is embarking on the world face an uphill battle. Up to gime. The Kim family has done what- plans to develop a new Long Range this point, China has believed that an ever it thought necessary to stay in Strike Bomber capable of penetrating unstable North Korea is more dan- power, including use of criminal enter- advanced enemy air defenses. North gerous than a North Korea with an ad- prise to raise revenues and engage in Korea’s increasingly provocative be- vanced nuclear program; therefore, the systematic human rights abuses havior underscores our need for a enforcement of secondary sanctions is against its own people. bomber that can fly over any North a necessary step to seek cooperation in The legislation before us today re- Korean target. Now is the time to get dismantling their nuclear program. quires the President to sanction any- to work on the Long Range Strike I am pleased that the bill includes one contributing to North Korea’s Bomber program. language to deter and punish cyber at- weapons program, money laundering Similarly, we need to upgrade the nu- tacks by codifying sanctions as well as activities, and human rights abuses. It clear cruise missile carried on the B–52 requiring the President to offer a also requires sanctions on anyone help- bomber. Cruise missiles fired from a counterstrategy to North Korea’s cyber ing North Korea raise hard currency distance allow us the option of threat- capabilities. The ongoing cyber activi- through the sale of minerals and pre- ening North Korean targets without ties are damaging to our security and cious metals. flying over North Korean airspace. our economy as well as the economy Additionally, the bill requires sanc- This standoff capability is tremen- and security of our friends. The bill tions on anyone engaging in activities dously important, but the existing nu- also attempts to address the deplorable that would threaten cyber security. clear cruise missile is based on 1970’s treatment of the North Korean people Perhaps most importantly, the legisla- technology and is well beyond its in- by their own government. tion urges the administration to des- tended service life. We need to ensure This legislation is certainly not with- ignate North Korea as a jurisdiction of that the Air Force has the resources out risk. China may retaliate in some primary money laundering concern—a necessary to develop a new cruise mis- manner, North Korea may become even step that would block links between sile that can defeat modern air defense more bellicose, and it could very well North Korea and the U.S. banking sys- systems for decades to come. fail to pressure Kim’s regime to sur- tem. This is a very powerful sanction. We also need to ensure that the Na- render its nuclear program. Yet it is If someone is doing business with the tional Nuclear Security Administra- painfully clear that the status quo is Kim regime, they should not be doing tion has the resources it needs to refur- not working and that global security is business with the United States bank- bish the warhead that flies on the imperiled as our government stands by. ing system. cruise missile. Letting our bomber and Fear of risk and failure will not stop We need to pass this bill and push the cruise missile capabilities become ob- us from exhausting all peaceful options administration to leverage the power solete would send a disastrous signal to

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR16\S10FE6.001 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1628 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 February 10, 2016 the Kim regime that its nuclear pro- is something that applies, yes, to find their way to some way of subsist- gram has yielded strategic benefits. On North Korea today but in the future ence with China, to create a reliance the other hand, modernizing our forces could apply to any nation that wishes on China, an economic reliance that shows Mr. Kim that he will never get a to use its means to attack the United they have right now. nuclear upper hand in East Asia. States or our businesses. So it is criti- So this legislation will target those The bottom line is that we need a ho- cally important, that piece of legisla- who are doing too much to empower listic approach to North Korea. We tion that we are going to pass today the Kim Jong Un regime and to give need the sanctions that we are consid- that can have a lasting impact on the them the money they have used to de- ering here today in the Senate. We security of this country. velop missiles and to develop weapons need a strong, strategic deterrent, as I We have also heard from a number of of mass destruction. have described. Members who have spoken about their Just to give an example of some of I urge my colleagues to support the concern with China. This legislation is the commodity trade that we have sanctions in front of us to put pressure not targeted at China; this legislation seen, trade commodity sanctions in on North Korea financially. This needs is targeted at North Korea. We have this bill would address the issue of rare to be a comprehensive, ongoing, sus- talked about how it is not targeted at earth minerals and coal and steel and tained effort. We have to stand strong the North Korean people but at the re- other goods that are exported to other against our adversaries and stand gime of Kim Jong Un. The legislation countries to earn foreign currencies for strong with our allies, we have to do it does everything we can to try to give the North Korea regime. To give people consistently, we have to do it over the people of North Korea a better way an idea of how much money that is, ex- time, and we have to be steadfast. That of life; to try to find ways to commu- pert estimates put rare earth minerals is the type of foreign policy that can be nicate, to break down the silence they and steel exports at around $1.8 billion effective. That is the kind of foreign are faced with in this economic depri- and $245 million respectively. That is a policy we need to undertake. That is vation zone; to give them tools, per- lot of money that the regime is cur- what we are trying to accomplish with haps radios and cell phone technology rently getting from outside in trading this legislation. so they can find out what is happening these goods. But if that $1.8 billion and I commend the sponsors of this legis- beyond the confines of the torturous that $245 million goes back to build lation who are here on the floor today. regime. But it does have an impact on weapons of mass destruction, this act I further hope that my colleagues those who try to get around the sanc- will begin sanctions. The President is will support not only this legislation tions and the prohibited activities of required to, unless the issue is a very but critical investments in our nuclear the legislation—in fact, some of the narrow, case-by-case national security bombers and cruise missile forces when strongest language in the legislation, issue. There is a mandatory investiga- we consider the annual Defense bills whether exporting to or from North tion into those activities. So I think later this year. I am very familiar with Korea, whether exporting to or import- this is a strong step that is receiving these systems as the B–52s are based on ing from North Korea goods, raw met- tremendous bipartisan support. Minot Air Force Base in my State. als, precious materials that can be fun- With that, I suggest the absence of a They provide a tremendous deterrent neled—the money from that funneled quorum. to weapons of mass destruction and and a very important part of the nu- The PRESIDING OFFICER. The other activities prohibited by the legis- clear triad, but we have to continue to clerk will call the roll. invest in that nuclear triad—in the lation. So when North Korea is export- The legislative clerk proceeded to bombers, in the ICBM missiles, and in ing gold or coal—and we know that call the roll. our submarine fleet. gold and coal are chiefly responsible I believe that both sanctions and a for the North Korean foreign currency Mr. GARDNER. Madam President, I strong military are critical to our na- reserves—then that could be designated ask unanimous consent that the order tional security and that of our allies, as a sanctioned entity under the legis- for the quorum call be rescinded. as well as maintaining stability in this lation. Perhaps those entities are in The PRESIDING OFFICER. Without potentially volatile part of the world. China. objection, it is so ordered. As we have said before, the United The fact is, we need cooperation with Mr. GARDNER. Madam President, we States is the world’s best hope for free- China. We need cooperation with Japan have been discussing some of the op- dom, for peace, and for security. and South Korea. We had that so portunities to strengthen the alliance Thank you, Mr. President. strongly, and there is a possibility we between Japan and South Korea and With that, I yield the floor. won’t. We have an opportunity for tri- the United States. In the legislation I suggest the absence of a quorum. lateral alliance—that is cooperation before us today is language that ad- The PRESIDING OFFICER. The between the three nations—and that dresses the trilateral cooperation be- clerk will call the roll. will allow us to work together, to share tween the United States, South Korea, The legislative clerk proceeded to intelligence, to share the cooperative and Japan; that we would seek to call the roll. efforts and exercises when it comes to strengthen a high level of trilateral Mr. GARDNER. Madam President, I North Korea, and to work with China mechanisms for discussion and coordi- ask unanimous consent that the order to help make sure that it is sticking by nation of our policies toward North for the quorum call be rescinded what it says it wants to do, which is to Korea; that we would work between the The PRESIDING OFFICER (Mrs. denuclearize the North Korean regime Government of the United States, the FISCHER). Without objection, it is so peacefully. I think it is key to our co- Government of South Korea, and the ordered. operation with China as we work on Government of Japan to meet these Mr. GARDNER. Madam President, we any number of issues, whether it is goals to ensure that the mechanisms have heard from a number of col- trade issues, whether it is issues deal- North Korea is using when it comes to leagues who have come to the floor in ing with the Internet, whether it is nuclear, ballistic, and conventional support of the legislation before us issues dealing with the South China weapons programs are addressed by the today, the North Korea sanctions legis- Sea. three nations; that we address together lation. Members of both sides of the Those are things that we continue to in this trilateral alliance the human aisle recognize the need to address the work with China on and are working to rights record, the atrocities of North forgotten maniac in North Korea. resolve, but we also have to make sure Korea, and cyber security threats We have also heard Members speak part of that conversation is North posed by North Korea. about a number of firsts that this legis- Korea. China controls a tremendous It also talks about in the legislation lation contemplates—the first time number of levers and power in North before us that the United States, that this would put in place mandatory Korea. Ninety percent of their eco- Korea, and Japan will meet on a reg- cyber sanctions for cyber attacks. This nomic activities in North Korea can ular basis. The legislation encourages

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR16\S10FE6.001 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 1629 that the United States and the tri- North Korea is a well-established against North Korea have proven un- lateral alliance meet together, includ- threat in the region. North Korea successful. The legislation before us ing the Department of State, the De- threatens global peace and security. today represents the tough response partment of Defense, the intelligence Experts at the United States-Korea In- that is necessary to send this message community, and representatives of stitute estimate that North Korea has directly to North Korean leaders: Dis- counterpart agencies in South Korea 20 to 100 nuclear weapons. Since 2006, arm or face severe economic sanctions. and Japan, so that we can continue to North Korea has tested four nuclear This bill puts pressure on North focus our efforts on the trilateral alli- bombs. Korea in three important ways. First, ance. Last month North Korea claims to it requires the President to investigate If you look at the conversations tak- have tested a hydrogen bomb. While those that help North Korea import ing place today, we have heard our col- our analysts in the United States are goods used to make weapons of mass league from Hawaii, Senator SCHATZ, skeptical that it was in fact a hydrogen destruction. All people and businesses talk about the need for cooperation bomb, it was a nuclear bomb all the involved in helping North Korea obtain when it comes to THAAD. We talked same. With each test, North Korea gets illicit weapons would be banned from about the concern that our allies, closer to testing a nuclear bomb small doing business with the United States neighbors of North Korea, have when it enough to fit on a long-range missile— and would have their assets and finan- comes to their air defense systems and the very same kind of missile that cial operations immediately frozen and how they are going to protect them- North Korea used over the weekend to their travel restricted. selves from a possible missile strike launch a satellite into outer space. As we work with our allies to track from North Korea. Those conversations That missile has a range of 5,600 miles. down and bring to justice those who as- are continuing. We talked about con- That means that Alaska, California, sist North Korea in its effort to harm tinued and extraordinary cooperation and the rest of the west coast of the the United States and our allies, we opportunities we have in sharing intel- United States is actually within range must also hit them financially. This ligence among the three nations. of a North Korean bomb. Our European bill will help to cut off North Korea’s It all comes on the heels of what has allies and Australia are also within funding and further financially isolate been over the past year—last year, in range of a North Korean bomb. And, of them. particular, with the 70th anniversary of course, Japan and South Korea—two of Second, this bill sanctions those who the end of World War II—some recogni- our key allies in East Asia—are closest attack U.S. cyber security. This bill is tion of the historical complexity in the to the danger North Korea poses. It is the first piece of legislation to lay out relationship between Japan and South in our national security interests to a framework for sanctions against the Korea. Late last year and early this protect these vital allies. North Korean cyber threat. Combat- year we saw an agreement entered into It is not just North Korea’s nuclear ting cyber terrorism is a key national by Japan and South Korea to address threat that we need to be concerned security priority. We must be proactive some of those historical complexities. about. North Korea funds its weapons about rooting out those who enable That agreement was a new step for- regime through human trafficking— cyber attacks. ward in cooperation, in terms of work- something I care deeply about— Lastly, this bill addresses a serious ing through these complexities. through the production of illegal drugs human rights crisis in North Korea. That activity was followed shortly and selling counterfeit U.S. currency. North Korea is the most isolated econ- thereafter by North Korea’s fourth nu- North Korea is also one of the largest omy and society in the world. The cur- clear test. What a great statement it suppliers of the arms trade and has be- rent regime exerts total control over was for Japan and South Korea to come the bargain-basement emporium daily life. Even haircuts are con- begin finding solutions to these histor- for old Soviet weapons systems. North trolled—that is right. Women are al- ical complexities at a time that per- Korea has a pattern of shipping these lowed to pick from 1 of 14 hairstyles, haps is needed now more than ever be- illegal weapons on to terrorists in the and men cannot grow their hair longer cause of the challenges that their Middle East. than 2 inches. Thirty-two percent of neighbor in the north poses to them. North Korea also threatens our cyber people in North Korea are undernour- While we work together to find ways security. North Korea’s cyber attack ished, and 34 percent of the population to protect our allies and to assure on the Sony Corporation of America in receives food aid. them that our alliance and our com- 2014, which leaked private communica- As a Member who has worked exten- mitment remains stronger than ever, tions and destroyed the company’s sively to fight modern-day slavery, I we have to make sure we are con- data systems, cost Sony, an American am particularly disturbed by the fact tinuing to focus on our trilateral alli- company, more than $35 million. Why that North Korea is also among the ance and on the efforts we have there. this company? Because the company world’s worst human traffickers. The I know the Senator from Minnesota produced a movie that mocked North State Department’s annual report on is on the floor. Korea’s leadership. human trafficking consistently rates I yield the floor. Last summer North Korea pledged to North Korea as one of the worst human The PRESIDING OFFICER. The Sen- follow up on its attack on Sony with traffickers. The United Nations con- ator from Minnesota. more cyber attacks, promising to siders human trafficking to be one of Ms. KLOBUCHAR. Madam President, ‘‘wage a cyber war against the U.S. to the three largest criminal enterprises today I join my colleagues in support hasten its ruin.’’ in the world. The first two are illegal of the North Korean Sanctions and Pol- America is not the only target for drugs and illegal guns. icy Enhancement Act. I commend Sen- North Korea’s cyber attacks. In 2013, Last year I was proud to be the lead ator GARDNER for his leadership, as North Korea launched a cyber attack Democratic cosponsor of legislation well as Senator MENENDEZ, Chairman on three major South Korean banks, with Senator JOHN CORNYN to fight CORKER, and Ranking Member CARDIN and two of South Korea’s largest trafficking and help trafficking victims for their leadership on this legislation, broadcasters were temporarily shut that was signed into law by President because protecting the American peo- down after a cyber attack. This cost Obama last May. The Justice for Vic- ple and others in the region from na- South Korea an estimated $720 million. tims of Trafficking Act tackles traf- tional security threats like North This is real money and real jobs in our ficking head-on. We are doing work in Korea should, in fact, be our top pri- own country and in the countries of our own country, but we also need to ority. our allies. be a beacon for those victims abroad. The reason there is overwhelming bi- We must take strong action to curb Sex and labor traffickers treat North partisan support for strong sanctions North Korea’s nuclear program and to Korean men and women like commod- legislation against North Korea is be- address the other threats that it poses ities. Yemoni Park, a North Korean cause there is absolutely no doubt that to us and our allies. Weak sanctions woman who escaped after being sold

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR16\S10FE6.001 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1630 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 February 10, 2016 into the sex trade and raped at the age two major countries in Europe that that the Senate is united in our resolve of 13, has dedicated her life to shining don’t have Ambassadors from the against the security threats posed by a light on what she calls ‘‘the darkest United States. That must change. North Korea. place on Earth’’—North Korea. Again, I thank Senator CORKER and CLEAN POWER PLAN This bill calls for harsh sanctions Senator CARDIN for their leadership. Madam President, on another impor- against human rights violators. It calls Thank you, Madam President, and I tant note, last night the U.S. Supreme for mandatory investigations into yield the floor. Court put the Environmental Protec- those who bankroll North Korean labor Mr. CORKER. Madam President, I tion Agency’s Clean Power Plan on prisons and sex trafficking rings. But it think Senator CAPITO is next to speak, hold. This landmark decision will pre- also acknowledges the important work but I do want to just mention that I ap- vent the Obama administration from of human rights organizations that preciate the way that Senator KLO- enforcing this rule until all legal chal- provide assistance to those suffering in BUCHAR has worked on the issue of the lenges are complete. North Korea and allows them to con- Ambassadors to Norway and Sweden, West Virginia, my State, has lost tinue their lifesaving work. and I do think we are on the cusp in nearly 10,000 coal mining jobs since China fuels much of the demand for the next 24 hours of that being re- 2009. Nearly every week, hundreds of North Korea’s human trafficking, and solved. I thank Senator KLOBUCHAR for layoffs and more notices devastate they help fund the North Korean re- her diligence and patience, and with West Virginia’s coalfields, West Vir- gime. Beyond enacting swift and severe that I yield the floor. ginia families, and communities. The sanctions against those associated with The PRESIDING OFFICER. The Sen- impact on State and local budgets has North Korea’s weapons suppliers, hack- ator from West Virginia. been stark. School boards have an- ers, and human rights violators, we Mrs. CAPITO. Thank you, Madam nounced significant cuts to education must pressure China to get serious President. due to the loss of coal severance tax about sanctioning the North Korean re- I rise today in strong support of the revenue. This is all across the State. gime. Unless we have China’s help, the North Korean Sanctions and Policy En- As bad as the current economic situa- regime will not truly feel the repercus- hancement Act. I commend Senators tion is, the Clean Power Plan would sions of its actions. CORKER, GARDNER, MENENDEZ, and make things worse for families and We have come together today across CARDIN for their hard work on this bill, communities in my State. party lines in a bipartisan effort to ad- and I am proud to be a cosponsor. We know the EPA’s playbook. Earlier dress the growing threat that North North Korea poses a serious threat to this year, the Supreme Court struck Korea poses to the United States and the United States. Last month, the down EPA’s mercury rule targeting our allies. We are united in our belief North Koreans tested a nuclear device powerplants since the Agency failed to that our national security—and the se- as they continue to advance their follow the legal requirements, but be- curity of our allies—requires a swift weapons technology. Just this weekend cause the mercury rule went into effect and strong response to North Korea the North Koreans launched a satellite years before legal challenges were com- and those who fund its tyrants. We are as they work to build a ballistic mis- plete, billions of dollars had already also united in our belief that we must sile program. been invested and many jobs had al- vigorously investigate and sanction Cyber attacks launched by North ready been lost. those who in any way help North Korea Korea have crippled businesses such as My ARENA Act has recognized that develop weapons of mass destruction Sony Pictures and targeted our allies the 29 States and hundreds of other or- and those who seek to undermine cyber in South Korea and Japan. The threats ganizations challenging the President’s security. posed by North Korea will only con- power grab deserve meaningful judicial We must do everything in our power tinue to grow, and our current policy review. My legislation said this rule to help improve the lives of innocent toward North Korea has failed to pro- could not go into effect until the litiga- North Koreans. That is why I am sup- tect the safety and security of the tion is complete—such common sense. I porting this bill, and I thank my col- American people. am very pleased the Supreme Court has leagues for their leadership—Senator This legislation takes significant agreed with this commonsense position and recognized the immediate impact MENENDEZ, Senator GARDNER, Senator steps to deny North Korea’s capabili- of this rule. CARDIN, and Senator CORKER. ties and to limit the nuclear and bal- I also want to extend my apprecia- listic missile programs, to stop cyber AMBASSADOR NOMINATIONS tion to West Virginia’s attorney gen- security attacks, and to end North Ko- Madam President, I wanted to add eral, Patrick Morrisey, for his leading rea’s horrendous human rights viola- one more thing. As I try to do every role in this case. On behalf of our day with Senator SHAHEEN, I address tions. Mandatory investigations and State, he has headed the legal chal- the issue of the Ambassadors to Nor- mandatory sanctions are the hallmark lenge against this administration, and way and Sweden. It has been 864 days of this legislation. Under this bill, the last night’s decision is just the latest since we have had an Ambassador to administration is required to inves- legal setback for an out-of-control Norway. It has been 468 days since the tigate the proliferation of weapons of EPA. President nominated Azita Raji to be mass destruction, human rights abuses, Congress has passed legislation dis- Ambassador to Sweden. and cyber crimes. When investigations approving of the Clean Power Plan. We I appreciate Senator CORKER’s leader- reveal misconduct related to these ac- sent it to the President and he vetoed ship on this issue. We are working very tivities, sanctions are required. it. A majority of our States are still hard to get these two Ambassadors Importantly, this bill will target challenging this rule, and the judicial confirmed. These countries are the 11th minerals and other items that the branch now seems poised to play its and 12th biggest investors in the North Korean regime uses to finance role in protecting both the separation United States. Senator CRUZ is the one its weapons programs at the expense of of powers and the principles of fed- holding up the vote on these nomina- its own people. Sanctions under this eralism from the administration’s tions. We are hopeful that at some bill would also apply to businesses or power grab. point we will be able to move ahead. individuals around the world that help Increasingly, this lameduck Presi- This has been going on way too long. North Korea expand its nuclear weap- dent stands alone as he attempts to They are some of our best allies in ons and cyber crime capabilities. further his climate agenda. The Amer- the fight against Russian aggression. Similar legislation imposing sanc- ican people are not behind him. A ma- Norway actually shares a border with tions targeted towards North Korea jority of Congress has come out against Russia. We have to be by their side if passed in the House last month with a his efforts, and now the Supreme Court they take in thousands and thousands nearly unanimous vote. That is quite has raised concerns. of refugees. We have talked about the an achievement. Today I hope this bill This is an important step toward need for a strong Europe. These are the will pass by a similar margin and show having the American people—not an

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR16\S10FE6.001 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 1631 unchecked bureaucracy—set our en- work because he can’t have both, and on the record in opposition to North ergy agenda, and we must continue to the legislation demonstrates that these Korea’s activity, but it also provides fight to permanently block this rule. things are impossible by imposing a the executive branch a more robust set I yield the floor. significant economic cost. The legisla- of policy tools to confront the threat The PRESIDING OFFICER. The Sen- tion shows that the United States will that is posed by Pyongyang. ator from Virginia. hold countries and private entities ac- This is an example of legislation that Mr. KAINE. Madam President, I also countable for compliance with rules came out of the committee—bipartisan rise to support the North Korea Sanc- and law. and unanimous. It represents the best tions and Policy Enhancement Act of Kim Jong Un’s backward calculus of bipartisan foreign policy coopera- 2016. It is good to see on the floor col- has left his country impoverished and tion, and I am strongly in support of leagues who have worked on this im- almost entirely dependent on China for the bill. portant legislation from Maryland, economic trade. Roughly 90 percent of Madam President, I yield the floor. New Jersey, our committee chair, and North Korea’s foreign trade is with The PRESIDING OFFICER. The Sen- the Senator from Colorado. I appre- China, which is why China can have ator from Maryland. ciate their efforts and believe this can significant leverage over North Korea, Mr. CARDIN. Madam President, I be a great example of bipartisanship but the track record of China using its first thank Senator KAINE for his input and near-unanimous agreement. leverage to curb North Korean activity in this legislation and so much other We have witnessed recently many is very disappointing. We need to con- legislation that goes through the Sen- provocations by the North Koreans. tinue to pressure China to increase ate Foreign Relations Committee. He The ballistic missile test this past sanctions on North Korea and elevate is an extremely valuable member of weekend violates numerous U.N. Secu- this issue in bilateral discussions with our committee, a very good thinker, rity Council resolutions and it threat- China. The number of North Korean but more importantly he listens to oth- ens both the United States and espe- nuclear weapons could soon approach ers in the committee and finds a com- cially our allies in the region. This China’s within the next decade, and mon way that we can make important closely follows a nuclear test in Janu- that is a direct threat to regional secu- national foreign policy issues bipar- ary—another deplorable action by rity and global security. tisan. He has done that and did that North Korea—and missile nuclear Yesterday, in the Armed Services with the Iran review act in reaching a weapons program proliferation con- Committee hearing we attended, DNI way that we could bring that together cerns that have been the subject of a James Clapper stated that North Korea in a bipartisan manner. He was very lot of discussion in this body. is expanding its uranium enrichment helpful on the North Korean sanction I appreciate the drafters and the For- activities, it has restarted plutonium bill that we have on the floor, so I eign Relations Committee for moving production, and it could start extract- thank Senator KAINE for his contribu- swiftly to deliver a response that in- ing plutonium from spent fuel within a tions. cludes penalties for the missile launch matter of months. I say to Senator CORKER, I know we and the nuclear test. China can no longer turn a blind eye are getting near the end of this debate. I will also mention that North Ko- to this. As a permanent member of the I have been listening to this debate rea’s detention of American citizens U.N. Security Council, China needs to throughout the day, and I think it can’t be overlooked. This includes the help foster international peace and points out the best traditions of the recent detainment in North Korea of play the role that an international U.S. Senate. So many Members have Otto Frederick Warmbier, who is a power on the U.N. Security Council come to the floor in serious debate third-year college student at the Uni- needs to play. They need to play the about the national security challenge versity of Virginia. As we move for- role in additionally advancing or push- that North Korea presents—not just, as ward with our strategy on North ing for more human rights in North I said, to the Korean Peninsula, not Korea, we have to prioritize and ensure Korea because they have the leverage just to our allies in East Asia but glob- the safe return of our citizens who are to do so. We don’t trade with North ally—and how U.S. leadership is going detained there. Korea. Our leverage system is some- to be vitally important and we are A little bit about how destabilizing what limited, but China, with a 90-per- going to act. North Korea’s actions are. This recent cent trade share, has that leverage. The United States is going to act. test was expected, and it is proof of the The good thing about these sanctions The Senate tonight is going to pass a North Korean grim determination to is that they will sanction the activities very strong sanctions bill, a very develop nuclear weapons, even if it is of Chinese companies and entities that strong message bill that we do not in- hampering and hobbling their economy are trading with North Korea, and that tend to sit back and let North Korea and causing their citizens to suffer. secondary sanction effect, I think, has proliferate their weapons of mass de- They have been given warnings that the ability to work and put pressure on struction. We also don’t plan to sit they shouldn’t do it, but they have also them. back and let them commit gross viola- been giving warnings to the global We have seen recently how sanctions tions of human rights. We will not sit community that they would. can work in another context, in the back and allow them to attack our in- This is a country that is determined Iran context. The architects of the tellectual property through cyber secu- to defy a host of U.N. Security Council sanctions policy with Iran are in this rity attacks, and we are going to act as resolutions that ban it from con- room, and they deserve praise because one, united. We are going to act, Demo- ducting nuclear and missile tests. The there is no way Iran, a rogue nation crats and Republicans, House and Sen- international community has been that was moving forward to develop ate. We are going to work with the ad- speaking with clarity about what the nuclear weapons, would have ever en- ministration. We are going to get this line is: Don’t do this—but North Korea tertained a diplomatic discussion to done. Then, yes, we are going to go to has chosen to proceed. try to put limits on that program had the international community. We are Kim Jong Un has once again dis- it not been for sanctions that were de- going to put pressure on other coun- played a willingness to defy the inter- signed to have a strategic and careful tries. national community—and at such a effect. So we need to do the same thing We know the Republic of Korea is cost to his people. The economy there here, and these sanctions do that. with us. We know Japan is with us. is absolutely hobbled because of his de- In conclusion, the United States has China needs to be with us, and we are sire to be a militaristic leader, but the to undertake a more proactive ap- going to go and talk to China, explain result is the population of his country proach to North Korea to address the and work with them so we can get is suffering. His strategy to have nu- nuclear and ballistic missile programs. international pressure to isolate the clear, military, and economic develop- This legislation is good because it not North Korean regime until they change ment for his people is not going to only puts Congress even more firmly their course. It is critically important

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR16\S10FE6.001 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1632 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 February 10, 2016 to our security but also to the people along. I mean, it has been through mul- Senate. It is a great step for our coun- of North Korea. I thought this debate tiple administrations, differing parties. try. has been in the best tradition of the Over the last 20 years, they have just Again, I thank our House colleagues. U.S. Senate. continued to move along. While I think My guess is that we will send this bill Again, we had the architects, as Sen- our Nation did a very good job in focus- back over this evening at about 5:45, ator KAINE pointed out, drafting this ing on the problems that Iran was cre- some changes may be made, and it will bill. Senator CORKER’s leadership clear- ating, and Senator MENENDEZ, who is go to the President. We will have spo- ly set the climate in our committee so sitting beside me, certainly led in put- ken with one voice in the best way the we could have that type of debate. I am ting sanctions in place with Senator Senate speaks, and in a strong way. We sorry no one here could sit in on some KIRK and others. We moved swiftly to will be doing something that furthers of Senator CORKER and Senator MENEN- arrest that. Hopefully, while we had the safety and security of our own citi- DEZ’s meetings as they were negoti- disagreements over the content of the zens, which is what we are here about. ating the specific terms of the bill. actual agreement—and that is rep- Mr. President, I yield the floor. Each had their views, but they listened resented by differences in votes on the The PRESIDING OFFICER. The Sen- to each other. They recognized that by agreement itself—it did bring them to ator from New Jersey. listening to each other they could the table. What is amazing is that Mr. MENENDEZ. Madam President, come out at the end of the day with a again they have progressed so far as we are winding down this debate stronger bill. As a result of our two along, way beyond where Iran is. that has been extraordinary not only colleagues, we were able to reach that What is also amazing to me is that because of its unanimity, which I think common ground and I think very short- China—I am going to be having those is incredibly important when we are ly we are going to be able to show the conversations this weekend with our facing a challenge in the national secu- people of in country the best traditions counterparts in Munich regarding this rity interests of the United States, but of the U.S. Senate on foreign policy very issue. What is amazing to me is also because of the tone it set and the issues. you have right on their border this seriousness of the issue with which I am very proud to work with Sen- country which is definitely, you have Members on both sides have taken to ator CORKER and my colleagues on this to say, a rogue country that is creating it—that is incredibly important. I bill. provocations in the region. know my colleagues—the distinguished Thank you. We have all visited the DMZ and have chairman and the distinguished rank- The PRESIDING OFFICER. The Sen- seen that we have 28,500 troops who are ing member—have spoken to this, but ator from Tennessee. there to keep peace. They have been it is important to note that when the Mr. CORKER. Madam President, ob- there since 1953. So we are right there Senate on a bipartisan basis perceives viously I appreciate the comments of in the region. We have allies. Again, it a real threat to the potential national the distinguished ranking member. Our is amazing that it has gone this far; security of the United States and of former chairman, Senator MENENDEZ, that China has not been willing to take significant allies, it can come together is here; Senator GARDNER, the two of the steps; that, as Senator KAINE men- and send not just a powerful message them. We are way ahead in the Senate tioned, their 90 percent trade partner but a powerful strategy to try to deal in many ways in addressing this issue could easily cause this to go in a dif- with that challenge. So I salute all of prior to these last provocations by ferent direction. But even more impor- my colleagues for having engaged in North Korea. I thank them for that. tantly, here we are taking action that this debate, and I thank the leadership Again, as Senator KAINE mentioned, I hope will lead to other members of of the committee, as well as Senator we are doing it in the best fashion of the international community joining GARDNER, for working with me. the United States. Where there are dif- us in sanctions. But China—the very When I introduced this legislation ferences, we worked together to ham- entity that could do something about last year, I felt that the time for stra- mer those out and ended up, as Senator this—is blocking the U.N. Security tegic patience—which had been a hall- CARDIN just mentioned, with a stronger Council’s action toward this being done mark of our policy—had run its course. piece of legislation. on a multilateral basis on the front We had hoped that patience would have I also commend the House. They sent end. had a unique regime in North Korea over a very good bill. They really did. But this is what happens. In the past, moving in a different direction. But it It was strong. Senator GARDNER and the Senate has taken unilateral action. came to a point where multiple tests of Senator MENENDEZ, with all of us We know we are much better off with nuclear explosions, each increasing in working together, were able to broaden multilateral sanctions. A lot of times the size of its effectiveness; the at- it out and to deal with some other it starts this way. It started this way tempts to miniaturize those efforts; issues that were not dealt with in that with Iran, and over time we were able the missile launches they were going piece of legislation. to build worldwide support—or mostly through; the terrible labor camps and The fact is, things have occurred worldwide support—toward isolating other human rights violations inside of since that legislation passed that have them and causing them to come to the North Korea and what is happening to caused people to want to put in place a table. the North Korean people—that stra- much stronger, much bolder footprint Again, this country is much further tegic patience in and of itself was not as it relates to North Korea. along. Hopefully we will have the same getting us to the goal. If anything, What is amazing—and I appreciated success. But we have to realize, be- while we were being patient, the North your comments about Senator KAINE. I cause of the 20 years of efforts that Koreans continued to move in a direc- don’t think we have a more thoughtful they have underway and especially the tion for which we needed what I think or more principled member on our bold steps they have taken since 2003, is a strategic resolve. And that is what committee, and I don’t think there is as Senator GARDNER so aptly outlined we have come to here today—a bipar- any way the Iran review act would in an earlier discussion, we are going tisan effort to have a strategic resolve have occurred without him taking the to have to do far more than this. We to not only focus on North Korea but steps that he did to break the logjam need to put this in place, but we also also the secondary sanctions to say: at that time. Let’s face it, with some have to remain diligent and keep mov- Those who want to deal with North important constituents it mattered, ing ahead. It may take additional ac- Korea and to help North Korea achieve and it allowed us to move ahead with tions down the road. It is certainly its goals in violation of international it—obviously, Senator MENENDEZ on going to take tremendous oversight norms will have a consequence. the front end and Senator CARDIN as and involvement by the administra- Right now we have all been focused the new ranking member. tion, and the administration to follow, on North Korea as a government, as an What is amazing in many ways is and the administration after them. entity, but this legislation now broad- that North Korea has gotten this far This is a great step, though, for the ens that to say to those who want to

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR16\S10FE6.001 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 1633 help the North Koreans provide the nightmare that is potentially North help us get other countries to act so material wherewithal for their nuclear Korea never ever materializes. that we can hopefully accomplish our missile and other programs that there With that, I hope we have an over- goal of a peaceful North Korea without is a consequence to you. I believe that whelming unanimous vote on this leg- the use of our military might. is an appropriate use of sanctions. So I islation. I again thank the leadership Let me explain what is at stake here. want to close on this question of sanc- for working with us. We all understand the tests that are tions. I yield the floor. going on with the so-called satellite For 24 years between the House For- The PRESIDING OFFICER. The Sen- tests to be able to develop a missile eign Affairs Committee and the last 10 ator from Maryland. that can deliver a weapon well beyond in the Senate Foreign Affairs Com- Mr. CARDIN. Madam President, as I the Republic of Korea that could di- mittee, I have viewed U.S. foreign pol- listen to my colleagues, I think we rectly attack U.S. interests and cer- icy in that peaceful diplomacy has an know how proud we are to serve with tainly our allies’ interests. That is arsenal. That arsenal is in part how people who have such deep knowledge what they are trying to do with these one can direct international opinion to and strategic views on how we as a na- tests, is to develop weapons of mass de- a country that is violating inter- tion can better defend ourselves and struction that could cause unspeakable national norms, to the extent that lead the world. damage. That is what we are trying to country can really be affected by inter- To Senator MENENDEZ’s comments prevent. And it is not just the direct national opinion. North Korea is an ex- about America’s strength, yes, I think actions by the North Koreans; they ample of a country that is difficult to everyone understands that we have the have already shown their willingness affect by international opinion. There greatest arsenal in the world. We do. to work with other rogue states in de- is the use of aid and the use of trade as But America also understands the veloping weapons of mass destruction. inducements to a country to act in a power of diplomacy, and diplomacy has If we allow them to accumulate these certain way and join the international to be backed up with incentives and weapons, they could then transfer community and follow the norms and disincentives. them to other rogue countries and they international will and then the denial Incentives, yes. The American tax- could be used against our interests. We of aid or trade and other sanctions as a payer is generous with development as- also know that North Korea is willing way to get them to move away from sistance and our assistance in helping to make arrangements with terrorist the direction in which they are vio- countries develop into stronger democ- organizations, and these weapons could lating international norms. racies in which they can be stronger end up in the hands of terrorists and be Outside of that universe—inter- economies and have a better life for used against our interests. national opinion, use of aid, use of their people and, by the way, be better That is what is at stake. There is a trade, denial of aid, denial of trade, and consumers of U.S. products. That is lot at stake, and that is on the weapons sanctions, particularly that we have what America does—it offers incen- program. We already saw North Korea begun to perfect in the financial sec- tives—but we also lead the world in act in regard to Sony on cyber. We tor—which can be a very powerful tool. saying: If you do not follow the inter- know this is a growing field. If we don’t It shouldn’t be used bluntly but none- nationally acceptable norms, there will take action now, the circumstances are theless is an important tool in an arse- be consequences, and those con- only going to get more damaging to nal of peaceful diplomacy in the world. sequences mean that we will not let U.S. interests. Looking aside from the military uni- you do commerce to strengthen your The one area that I really congratu- verse of what is available to us, which ability to harm your neighbors and to late Senator GARDNER and Senator should be our last resort, when we are harm global security. MENENDEZ for bringing to this bill is talking about peaceful diplomacy, That is what Senator MENENDEZ was the human rights issues, the gross vio- there are moments in which sanctions talking about. The sanctions we are lations of human rights. We talked are the last use of our peaceful diplo- imposing here are aimed directly at about this. There is no country in the macy and a way to get countries to North Korea’s ability to compile weap- world that treats its citizens worse move in the direction we want. This ons of mass destruction, to harm their than North Korea does. They are lit- moment, which I think is about stra- own people, and to harm others erally starving their population. They tegic resolve, does exactly that. It uses through the use of cyber. That is what are starving their population. They sanctions not just against the regime these sanctions are aimed at. They are torture their population. They im- in North Korea but against those who aimed at preventing them from being prison anyone who dares say anything would give it the wherewithal to follow able to do that. against the government. They do sum- its illicit pursuits. I think that is what It also shows U.S. leadership because mary executions if they don’t like you. is incredibly powerful about this legis- our allies look to the United States We know that. It has been documented lation and the appropriate use of our first. It is an international financial over and over again. arsenal of peaceful diplomacy in the system, and if the United States is not This legislation speaks to American hopes that we can deter the North Ko- prepared to move forward, we cannot values. Our strength is in our arsenal reans from where they are and move in expect the rest of our allies to move and our strength is in our universal a different direction and in the hope ahead. So it is a clear signal that we values; that we won’t allow that to that we can get other countries in the are prepared to take these actions. We happen; that, yes, we have an interest world—and it will have to be more than are taking these actions. We are going in how the people of North Korea are hope; it will have to be a strategic re- to take them by ourselves if we have treated; that these are international solve to get those other countries to to, but it will be much more effective if norms that have been violated by join us, as we did in the case of Iran. we can get the international commu- North Korea. We did not start with the world want- nity to support us. I just wanted to follow up with Sen- ing to come together with us because Senator MENENDEZ is absolutely cor- ator MENENDEZ because I thought he of their economic interests and other rect. I remember when we did this articulated so well about America’s strategic interests. Through American against the apartheid of South Africa. strength and how we act. It is not just leadership, we ultimately drove the We were able to get actions taken by because we have the best military in moment in which we had a multilateral other countries after we acted. The the world; it is because we have the international effort that brought the Senator is absolutely correct on Iran. will to stand up for values that are im- Iranians to the negotiating table. We acted on Iran; we then got other portant for not only our national secu- It is my hope that what happens here countries to act. If the United States rity but for global security. in the Senate today begins a process had not shown the leadership, they When the United States leads, other that can proselytize others in the would not have acted. That is now true countries join us, and we get results. world to join us so that the nuclear with North Korea. Our actions will Hopefully, we are going to be able to

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR16\S10FE6.001 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1634 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 February 10, 2016 change North Korea’s conduct through I had a conversation with Admiral against North Korea’s human rights these measures. That is in the best in- Gortney not too long ago about North abuses. terest of the United States, it is in the Korea. He is the head of NORTHCOM, You can see what it does on the best interest of our allies, and it is in headquartered in Colorado Springs, CO. chart. You can see the opportunity we the best interest of North Korea. That It was a conversation about North have before us and the American people is what this legislation speaks to. Korea and what he sees. Through his and our obligation to make sure we are I share Senator MENENDEZ’s hope comments, you can tell he is con- doing everything we can to stand up that we will see a very strong vote in a cerned, and he believes the situation in for the people of North Korea and stand few minutes, and I know that my col- the Korean Peninsula is at its most un- up to the totalitarian regime of North leagues on both sides of the aisle have stable point since the armistice. Over Korea. expressed their views on this. I urge ev- six decades, we today are seeing the I urge my colleagues to support this eryone to support this effort and to most unstable point on the Korean Pe- legislation tonight, this bipartisan show America’s resolve in the united ninsula because of a rogue regime that product of countless hours of debate policy in this regard. tortures its own people, kills its own and discussions and negotiations, and Madam President, I yield the floor. leaders, and deprives its citizens of to come away with a good product that The PRESIDING OFFICER. The Sen- human dignity. we can be proud of, to work with the ator from Colorado. Strategic patience has failed. One ex- House Members so that this is on the Mr. GARDNER. Madam President, I pert said we have moved from strategic President’s desk. I urge my colleagues want to thank all of my colleagues for patience to benign neglect. That is not to support this bill. their thoughtful input during this de- leadership. So today we start a new bate. We have had great discussions policy based on strength and not pa- I yield my time. from numerous Members who have tience. This legislation would man- Mr. MENENDEZ. Mr. President, I come to the floor throughout the day date—not simply authorize but man- suggest the absence of a quorum. to discuss North Korea and the North date—the imposition of sanctions The PRESIDING OFFICER (Mr. LEE). Korea Sanctions and Policy Enhance- against all persons who materially con- The clerk will call the roll. ment Act. tribute to North Korea’s nuclear and The bill clerk proceeded to call the I want to thank Senator CORKER for ballistic missile development; import roll. his leadership on the committee, the luxury goods into North Korea; enable Mr. CORKER. Mr. President, I ask product of which is a very good bipar- its censorship and human rights unanimous consent that the order for tisan sanctions action. I hope and abuses; engage in money laundering the quorum call be rescinded. agree with Senator MENENDEZ, our col- and manufacture of counterfeit goods The PRESIDING OFFICER. Without league from New Jersey, that this will and narcotic trafficking; engage in ac- objection, it is so ordered. indeed receive unanimous support. tivities undermining cyber security; Mr. CORKER. Mr. President, I ask I wish to thank Senator MENENDEZ have sold, supplied or transferred to or unanimous consent that all time be through the Chair for his efforts to from North Korea precious metals or yielded back. make this a success, and thanks to the raw metals, including aluminum, steel, ranking member of the committee and and coal for the benefit of North Ko- The PRESIDING OFFICER. Is there ranking member of the Asia sub- rea’s regime and its illicit activities; objection? committee, as well, for their work. We that is, $1.8 billion in raw metals, $245 Without objection, it is so ordered. set out a year ago to work on this prob- million in other goods that are sanc- Mr. CORKER. I ask for the yeas and lem and address this challenge. tioned under this act, including those nays. The purpose of the North Korea entities that decide they would import The PRESIDING OFFICER. Is there a Sanctions and Policy Enhancement from North Korea if that money they sufficient second? Act is very simple. The purpose of the would generate from the sale of that There is a sufficient second. bill is to peacefully disarm North import goes to the development of pro- The yeas and nays were ordered. Korea through mandatory sanctions liferation activities. The PRESIDING OFFICER. Under that would deprive the regime of the The cyber sanctions and strategy the previous order, the committee-re- means to build its nuclear and ballistic that we require are unique to the Sen- ported amendment is agreed to. missile programs, to deprive the re- ate bill. They will be the first manda- gime of its means to carry out mali- tory sanctions in history passed The amendment was ordered to be cious cyber activities, and to deprive against cyber criminals. This bill also engrossed, and the bill to be read a the regime of the means to continue its codifies Executive orders 13687 and third time. gross abuse of the human rights of its 13694 regarding cyber security, as they The bill was read the third time. own people. That is the purpose of this apply to North Korea, which were en- The PRESIDING OFFICER. Under bill. Obviously, there is more work to acted last year in the wake of the Sony the previous order, the bill having been do. Pictures hack and other cyber inci- read the third time, the question is, The discussions today talk about the dents. It is also a unique feature of our Shall the bill pass? work we have to do with our colleagues Senate bill today. The yeas and nays have been ordered. on the other side of the aisle, in the The mandatory sanctions on metals The clerk will call the roll. and minerals are unique to the legisla- other Chamber, and the work we have The bill clerk called the roll. to do around the globe to make sure tion. Expert estimates, as we just said, that the United Nations Security put North Korea’s rare metal minerals Mr. CORNYN. The following Senators Council recognizes this challenge and and steel exports at around $2 billion, are necessarily absent: the Senator that China understands our basis of co- so these sanctions could have a signifi- from South Carolina (Mr. GRAHAM) and operation depends on actions against cant impact in deterring the regime the Senator from Alaska (Mr. SUL- something we both agree on, and that and its enablers. The sanctions in this LIVAN). is that we shouldn’t have a nuclear bill are secondary, as we have dis- Mr. REID. I announce that the Sen- North Korea. cussed, which means they would be ap- ator from Illinois (Mr. DURBIN) and the Let’s build that relationship of co- plied to individuals and entities, not Senator from Vermont (Mr. SANDERS) operation with China. Let’s build that just in the United States but around are necessarily absent. relationship of trilateral alliance the world, who would assist the Gov- The PRESIDING OFFICER. Are there among South Korea, Japan, and the ernment of North Korea and the des- any other Senators in the Chamber de- United States. Those are the things we ignated entities that engage in the ac- siring to vote? can begin to accomplish with this leg- tivities prohibited by this legislation. The result was announced—yeas 96, islation. It mandates a strategy and sanctions nays 0, as follows:

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR16\S10FE6.001 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 1635 [Rollcall Vote No. 20 Leg.] bill that was introduced today is the it is about 15 percent. Just think about YEAS—96 Child Care Access to Resources for that—nationwide, 1 in 10 is eligible for Alexander Fischer Murphy Early Learning Act. Of course, the ac- this kind of help and is not receiving Ayotte Flake Murray ronym or shorthand for the bill is the it. Baldwin Franken Nelson Child CARE Act, standing for the Child Care Aware—one of the many Barrasso Gardner Paul Bennet Gillibrand Perdue words in the bill that focus on re- groups who helped with the legislation Blumenthal Grassley Peters sources and in particular resources for I just mentioned, the Child CARE Blunt Hatch Portman early learning. Act—tells us that particularly in urban Booker Heinrich Reed It is this Senator’s belief, and I think and rural communities, there is a se- Boozman Heitkamp Reid Boxer Heller Risch the evidence is abundantly clear over vere shortage of high-quality or li- Brown Hirono Roberts time whenever this issue is studied, censed childcare facilities. Burr Hoeven Rounds that in terms of the positive impact of In Pennsylvania, where we have a Cantwell Inhofe Rubio Capito Isakson Sasse early care and learning of a child, the significant State investment in Cardin Johnson Schatz evidence tells us over and over again childcare, only 3.5 percent of childcare Carper Kaine Schumer that if kids learn more now, they will slots for children birth to age 4 years Casey King Scott literally earn more later. That connec- old are in the highest quality pro- Cassidy Kirk Sessions Coats Klobuchar Shaheen tion between learning and earning is grams. Cochran Lankford Shelby compelling, and I think it is an essen- For many families who can even find Collins Leahy Stabenow tial part of the debate. Early education care, the cost is very burdensome. For Coons Lee Tester Corker Manchin Thune and care for a young child has an im- most families, childcare is often the Cornyn Markey Tillis pact on all of our lives when it comes second most costly expense, behind Cotton McCain Toomey to the economy. only housing. Just imagine that—the Crapo McCaskill Udall We know now from the evidence that second highest expense in the life of a Cruz McConnell Vitter Daines Menendez Warner high-quality early learning contributes family for far too many families is Donnelly Merkley Warren to a reduction in need for special edu- childcare, second only to housing. In Enzi Mikulski Whitehouse cation. It also helps to lower juvenile 2014, in more than half of the United Ernst Moran Wicker Feinstein Murkowski Wyden justice rates. It also helps to improve States, a year of childcare costs more health outcomes over time. It also in- than a year of college tuition at a pub- NOT VOTING—4 creases high school graduation and col- lic college. That is another stunning Durbin Sanders lege matriculation rates. comparison. Graham Sullivan For some children from low-income We hear it all the time from real peo- The bill (H.R. 757), as amended, was households, a lot of these studies have ple—not just numbers or studies, we passed. also shown that by the age of 3, they hear it from real people. Last week The PRESIDING OFFICER. The Sen- will have heard 30 million fewer words when we were discussing the bill, the ator from North Carolina. than their more affluent peers. Even Child CARE Act, we heard from a f before they enter kindergarten, this so- Washington, DC, Metropolitan Police called word gap means they are already officer who also happens to be a parent. MORNING BUSINESS far behind. The income level of the Her name is Zunnobia, and she told us Mr. TILLIS. Mr. President, I ask household can often determine how how much there is a struggle for hard- unanimous consent that the Senate be many words that child has heard in his working, even middle-class families in a period of morning business, with or her lifetime. Of course, the reason it who just want the best for their chil- Senators permitted to speak therein is such a big number is because the dren, how difficult that struggle is to for up to 10 minutes each. words get repeated, but even when you find quality, affordable childcare for The PRESIDING OFFICER. Without factor in the repeating of words over early care and learning. This police of- objection, it is so ordered. and over again, just imagine how far ficer also told me and told those in the Mr. TILLIS. Mr. President, I suggest behind they are if they are behind by 30 room how all too often in her work as the absence of a quorum. million words. If it were 5 million a police officer, she sees teenagers or The PRESIDING OFFICER. The words, that would be a substantial gap, young people who did not have the ben- clerk will call the roll. but, of course, it is much worse than efit of high-quality care and early The legislative clerk proceeded to that. learning. call the roll. I believe and I think the evidence This is another example from Penn- Mr. CASEY. Mr. President, I ask shows that in the decades to come, the sylvania. This is what Deanna, a par- unanimous consent that the order for strength of our economy and the fiscal ent, tells us, and I am quoting just in the quorum call be rescinded. stability of our Nation will depend on part: The PRESIDING OFFICER. Without the viability and vitality of our future Each month, with two children in daycare, objection, it is so ordered. workforce. I think that is evident from our payment exceeded our mortgage pay- Mr. CASEY. Mr. President, I also ask the research. But, again, that connec- ment. unanimous consent to speak in morn- tion between early learning and the So it is not the second highest cost ing business and also to be allotted earning potential of that individual is but the highest cost in her household. time beyond 10 minutes. abundant. Deanna continues: The PRESIDING OFFICER. Without Unfortunately, for many families, Some months we paid for daycare with our objection, it is so ordered. the need is still substantially great. home equity line of credit. It took us 2 years f Just last fall, Pennsylvania alone had a to pay off the debt we acquired. Parents with waiting list of 7,000 families who quali- young children are really struggling. It is a CHILD CARE ACT AND LEAD fied for childcare vouchers but did not no-win situation. POISONING receive them. In other words, in one That is what Deanna, a parent from Mr. CASEY. Mr. President, I rise this State there were 7,000 families who Pennsylvania, tells us. evening to talk about childcare, in par- were eligible for these vouchers and did Christina, another Pennsylvanian, a ticular one piece of legislation which I not receive them. That story, unfortu- parent, told us that the cost of have introduced today, S. 2539, but also nately, is playing out across the coun- ‘‘daycare is bringing us straight to to talk more broadly about the critical try. According to data from the De- foreclosure because we cannot afford need in our country for more options, partment of Health and Human Serv- our mortgage, groceries, diapers, and more opportunities for families—espe- ices, less than 1 in 10 children nation- gas for our one car.’’ cially low-income families—to be able wide under the age of 4 received So this is the real world and this is to afford high-quality childcare. The childcare assistance. In Pennsylvania the real life of a struggling family but

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR16\S10FE6.001 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1636 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 February 10, 2016 especially struggling—even in a recov- make that historic commitment to sylvania: Allentown, 23; Altoona, 20.5; ery—with the cost of childcare. these same families. We know the re- my hometown of Scranton, 20 percent; Let me talk for a moment about the turn on investment, if that is all some- Philadelphia and Pittsburgh—our larg- component parts of the act. The Child one wants to focus on, is return on in- est cities, the two largest cities and CARE Act is legislation that will en- vestment. I know some people like the most urban parts of our State— sure that families with infants and tod- numbers sometimes better than were at 10 and 8 respectively, which is dlers who are living at or below 200 per- testimonials from parents. But if your lower than the other Pennsylvania cit- cent of the Federal poverty level, only concern is return on investment, ies but still higher than Flint. In Penn- which we know is approximately $40,000 this is a good deal. Return on invest- sylvania, the primary source for child- for a family of three—it will help those ment in terms of high-quality early hood lead poisoning is not water but, families who need childcare have ac- care and learning is as high as $17 for rather, deteriorating infrastructure cess to that high-quality care. The act $1. That is a pretty good deal anywhere and exposure to the remnants of lead- will further the purposes of the child in the country. We want to emphasize based paint, paint dust, and chips. That care and development block grant by the return on investment, but I also be- is a problem in our State, but there are raising quality standards and by pro- lieve at the same time that we have to other States, especially on the eastern viding resources necessary to make focus on the life of that child and that seaboard, that have a similar problem. those higher quality standards a re- child’s prospects for future employ- We must ensure that children who ality and available to families across ment to contribute to our economy. have been exposed to high levels of lead the Nation. Over a 10-year period, we We have to make this issue a pri- receive all—and I mean that literally— estimate that the legislation could ority. If we really care about economic all of the followup services they need help over 1 million additional children growth, GDP growth, competing in a to reach their full potential. Whether under the age of 4 gain access to high- world economy, and having a skilled that is remedial, medical, or edu- quality childcare. workforce, all those high aspirations, cational, we need to be there for those Part of achieving higher quality care all those goals we talk about a lot, it children. is ensuring that childcare providers are starts with early care and learning. A I supported funding for the Centers receiving an appropriate level of sup- child cannot earn what she should be for Disease Control’s Healthy Homes port and that childcare workers are able to earn if she doesn’t have the op- compensated fairly for their expertise. and Lead Poisoning Prevention Pro- portunity for early care and learning— Unfortunately, across the Nation, the gram, which supports State and local high-quality early care and learning. average childcare worker often makes public health departments working to We can spend up to $40,000 a year on below poverty wages. According to the identify cases of childhood lead expo- incarceration and thousands on drug 2013 National Survey of Early Care and sure. But that is just but one step. We treatment and/or special education or Education, the median wage for center- have a lot more to do on this issue. we can spend a small fraction of that based childcare staff was $9.30 an hour, I will conclude by saying that we now on early care and learning and about $19,000 a year. Just imagine that. should take action on childcare to give children both a healthy and a The people who we believe are the best make sure that it is affordable and qualified and the most dedicated to smart start in life. that it is of a high quality so that espe- I urge my colleagues, when it comes taking care of our children, who will cially poor children can learn more before them, to support the Child give them that early care and the now and earn more later. It is very dif- CARE Act that has been introduced learning that goes with it, the people ficult to learn, grow, and succeed if you whom we entrust with our most treas- today. have the disadvantage of not only not Mr. President, let me conclude with ured asset, our children, in too many having childcare and early learning but some brief comments about another re- places in this country, those same the additional burden of high levels of lated issue for our kids—lead poi- workers are making just $19,000 a year. lead. These are challenges that we face This means that childcare workers on soning. as a country, and these are challenges What has happened in Flint, MI, is average make less than parking lot at- that both Houses and both parties must both horrific and inexcusable. No one tendants, less than manicurists, and confront. should accept any excuse for what hap- less than massage therapists. So if we I yield the floor. TA- really care about our children, I think pened there. I commend Senator S The PRESIDING OFFICER. The Sen- we would pay them more than some of BENOW and Senator PETERS for shining ator from Alabama. a light on what occurred in their home the occupations I just mentioned. Car- f ing for and nurturing infants and tod- State. But, unfortunately, this is an issue dlers requires specialized knowledge that involves not just the State of TRADE FACILITATION AND TRADE and competencies that are not easily ENFORCEMENT BILL developed and should not be taken for Michigan, not just the city of Flint, Mr. SESSIONS. Mr. President, to- granted. this is a nationwide problem, espe- I believe and I think most Members cially on the eastern seaboard. Unfor- morrow the Senate will be bringing up of Congress, either in the Senate or in tunately, many communities around the Customs bill that I intend to sup- the House, believe that our children de- the country have numbers that are port moving to. I believe it has a num- serve quality. They deserve quality even worse, even higher than the Flint ber of good provisions, and I hope to be care and learning, but they especially numbers. able to support its final passage. deserve the quality that comes with By one example, Pennsylvania—one But first, I want to bring attention to someone who is paid an adequate wage of the largest States in the Union—18 the weakened currency provisions that and has a level of expertise and com- cities in Pennsylvania are reporting the conference report included. This is petency to provide that child with the higher levels of lead exposure among not the language that initially passed kind of early care and learning she has children than Flint. Let me say that the Senate, but instead is much weak- a right to expect. again—higher levels than Flint. In er. Childcare funding is critically impor- Flint, 3.2 percent of children exceeded The Senate, several times, has af- tant not only to families in Pennsyl- the danger threshold for lead exposure, firmed the need to provide the Treas- vania and across the Nation, but, of tested levels of 5 or more micrograms ury Department and the Department of course, it is critical if we are going to per deciliter of blood. So 5 or more Commerce tools to prevent currency meet that demand that our workforce micrograms is the danger level, and manipulation. must meet. The children who learn Flint was at 3.2. Where were some cit- In 2011, the Senate passed such a bill more now will earn more later. ies in Pennsylvania that, as I said, to provide the Commerce Department We also know that this legislation is have higher numbers? Instead of being with enforcement mechanisms by a an opportunity to finally, at long last, at 5 or 3.2, this is what we see in Penn- vote of 63–35.

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR16\S10FE6.001 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 1637 Second, in 2013, 60 Senators signed a fect, on their exported goods in the those who take advantage of us. They letter to the U.S. Trade Representa- form of artificially depressed cur- need our markets. They desperately tive, calling for the inclusion of en- rencies. These devaluations have a real need to be able to sell huge amounts of forceable currency provisions in Trans- impact. products in our markets. If they will Pacific Partnership. I have talked at length to steel man- not comply with the rules of trade, we Finally, in May of 2015, the Senate ufacturers in my State. They have all have a right to say no and to limit ac- passed by a 78-to-20 vote this Customs told me that steel manufacturing is cess to our markets. They say that enforcement bill, which, for the first being hammered by this kind of cur- would hurt American consumers—per- time, included new tools that are nec- rency manipulation, dumping, and haps some—but in the long run, we essary to defend American manufactur- other unfair, improper trade policies. cannot allow American manufacturing ers from foreign currency manipula- But they specifically mentioned cur- to be decimated by the sustained ma- tions—the language to confront cur- rency. Foreign market manipulations nipulation of trading partners. We have rency cheating that the Treasury De- have virtually eliminated profit mar- to have a manufacturing base in this partment acknowledges is occurring, gins that were already slim in the steel country. The American people know but they have refused to take action to industry. this, and they are worried about that. confront it. I had a conversation a few hours ago Even a Walmart executive has said: If That original bill would have re- with a major paper company which nobody is working in America, who is quired, where this kind of currency ma- said that currency manipulations have going to buy cheap products from nipulation occurs, action be taken to hurt their exports. They are still mak- abroad? He even started a program to fix currency manipulation. Unfortu- ing the exports, but it has eliminated try to buy more from America. nately, that language was removed their profit. It is very problematic for Even the Department of Treasury in from the conference report. them. They have to have profit, but its October 2015 exchange rate report I think it is time—and I think a bi- they are trying to maintain their pro- said, ‘‘Our judgment is that the [Yuan] partisan majority of this Senate be- duction, keep Americans working, and remains below its appropriate medium- lieves it is time—for us to pass enforce- keep the plants operating, even though term valuation.’’ In other words, it is able currency protection measures and their profit margin has been hurt sub- depressed. China devalued the Yuan. make sure they make it to the Presi- stantially by currency manipulation. They gained market advantage over dent’s desk. In June of 2015, eBay reported that the United States and other countries. In June of 2015, a New York Times international currency fluctuations On the face of all of this, the White poll showed that 63 percent of Ameri- eliminated 8 percent of its sales. In- House has refused to adopt any en- cans believe that trade restrictions are stead of 6 percent sales growth, the forceable measures. The Treasury De- necessary, and only 16 percent of Amer- company reported a 2 percent decline. partment repeatedly acknowledges we icans believe that the Trans-Pacific Our foreign competitors are exporting have a problem, but they have refused Partnership would actually increase their unemployment to the United to take any action to confront it. This States. That is the way it is done: You American jobs. I am absolutely con- is the kind of weakness we cannot ac- reduce your currency, and you export vinced the American people are correct cept. The time has come in America your products to the United States at a on that, based on a study of previous where we cannot afford to lose a single lower price. Our foreign competitors trade agreements and the analysis of American job to unfair trading part- keep their people working and under- studies by Tufts University and other ners. We have to end this. We have to mine the ability of American manufac- groups. defend our people who are hurting. turers to keep their employees work- A May 2015 poll conducted by Ipsos, a While the Trans-Pacific Partnership ing. Sometimes American plants are leading polling and communications agreement that has now been signed by totally closed. firm, found that 73 percent of the U.S. A December 1 Wall Street Journal ar- the President—off last week in New public believes Congress should oppose ticle highlighted the fact that the Chi- Zealand, 7,000 miles around the world. any ‘‘international trade agreement nese yuan had increased against most The President never even talked about that does not specifically prohibit cur- other major currencies but fallen 3 per- it. Why didn’t he talk about it? Why rency manipulation.’’ That is a strong cent against the dollar. They let it de- didn’t they highlight it? Why did they polling number. cline against the dollar, thereby main- want to sign it 7,000 miles away? The A second Ipsos poll, conducted last taining their trade advantage with the reason is, the American people don’t year, found that 79 percent of respond- United States—their trade surplus, our want it. He didn’t really want anybody ents said that it was important for the trade deficit with China. Our trade def- to know he had signed it, and they trade deal to include enforceable cur- icit with China increased during Janu- hope they can slip it through Congress rency protections. ary and increased substantially during at some point. But I don’t believe it is In August, the Chinese Government the fourth quarter of last year. Our ex- going to happen. I think too many devalued its currency 4 percent, cre- ports are down, our imports are up, and things are being raised and discussed ating a regional currency war in that our trade deficit is up. that show we have to be careful about area involving Australia, Malaysia, and A big part of that is improper manip- these trade agreements. In particular, South Korea. All those fell against the ulation of currency by our so-called this is one that should not pass. The United States dollar, making their im- trading partners. It is time we said no White House claims that the TPP in- ports to the United States less expen- to this. We have the leverage and the cludes a side measure addressing cur- sive and our exports to their countries capability of doing so. They need us rency manipulation, but any study re- more expensive. It happens just that more than we need them. veals that it does not have any real en- way. When Governor Romney ran for forcement mechanisms. Former Federal Reserve Chairman President 8 years ago, he was in a de- The Wall Street Journal on Novem- Paul Volcker, one of the great heroes bate and explained it very succinctly: ber 5 wrote this: ‘‘Mexico, Canada and of the economic rebound of the 1980s, If you don’t stand up—in this case, to other countries signaled they were has said that years of trade negotia- China—they will run over you. Critics open to the [currency] deal when they tions can be wiped out in minutes by say that if we stand up to China, it will realized it [would not] include binding currency manipulation. I don’t think create a trade war. But we are in a currency rules that could lead to trade there is any doubt about that. trade war; we are just not fighting. Fi- sanctions through the TPP.’’ These depreciations throughout Asia nally, he said: And, anyway, they have Get that? They were objecting to this further disadvantage American work- a lot more to lose than we do in such currency rule. They like to manipulate ers because they force our workers to an event. their currency, and they don’t want to compete against international com- We have no obligation—as a matter be subject to sanctions if they manipu- petitors who receive discounts, in ef- of fact, we must stop being a patsy for late it. When they found out the

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On November 6, the Japanese Fi- erating the decline in American manu- What have they said? This is so clev- nance Minister, Mr. Taro Aso, said that facturing? er. I think the media deserves criticism ‘‘there [will not] be any change’’ in Ja- The Bush nor the Obama White for not talking about it more. All they pan’s currency policy. In other words, House has taken strong actions to deal have ever said was that the TPP would by signing on to the TPP, after study- with currency manipulations. This ad- increase jobs in the exporting indus- ing the agreement, Japan realized they ministration and its own Treasury De- tries. They don’t say how many jobs are not going to have to change their partment continues to reassure us that are being lost when American factories policy. There is no teeth to the Presi- they are doing everything they can to are closed. In fact, the Administration dent’s side-agreement. protect American manufacturing from used to make specific job claims, but We were expecting that this currency unfair currency manipulation. How- stopped doing so once the Washington language would be placed on the Cus- ever, they repeatedly rejected Post gave their claim that the TPP toms bill that we would vote on tomor- Congress’s efforts to give the White would create 600,000 jobs four row. It was passed in the Senate, and it House the tools they need to help en- Pinocchios. went on the Customs bill. But when it force our laws. One of the best ways to Let’s go back to 2011, the U.S.—South went to the conference committee, do this is to give the White House the Korean Free Trade Agreement. I voted President Obama said: No, we are not ability to implement countervailing for it. South Koreans are good people. having this currency language in it. duties, but they have opposed those ef- They are allies of ours. We do business The conference committee eventually forts and steadfastly seen to it that with them. I signed on to that agree- capitulated, and struck the enforceable they are not made law. ment. When the President signed it, he currency provisions in their report. So Last year, in the spring, we had a stated to the American people it would we have no real enforceable mechanism month-long debate about the impor- increase our exports by $10 billion a now to ensure that American workers tance of these measures. I think a lot year. and American manufacturing are able We have had a chance to look at of our Members learned a good bit in to maintain a level playing field with that. How has that promise come out? the course of that. The Senate passed a our trading partners in this regard. Have we increased our exports? Well, TPP negotiating objective calling for The statement by Japan’s Finance we did increase our exports. It was enforceable measures in the Presi- Minister caused Ford Motor Company eight-tenths of $1 billion last year. I dent’s trade agreement. What did the to immediately object to and oppose think we will be a little over $1 billion President do? He threatened to veto the Trans-Pacific Partnership agree- this year—not 10, 1. What about Korean ment. They did it the day it was re- the Customs bill if it included the kind exports to the United States? How did leased. In their press release, Ford said of currency language that I have just that come out? They increased annu- they could not support such a deal in been describing. ally $12 billion a year. What about our In fact, the White House even issued which currency rules fell ‘‘outside of trade deficit from 2010 through 2015? [the] TPP, and . . . [failed] to include a Statement of Administration Pol- The trade deficit with South Korea in- dispute settlement mechanisms to en- icy—a SAP—on this question stating creased 260 percent. sure global rules prohibiting currency that ‘‘the Administration opposes the Are these trade agreements effective? manipulation are enforced.’’ They way the [Customs] bill uses the coun- Are they helping America? Are they could not support it. tervailing duty process to address cur- fulfilling the promises being made for Ford and all these companies are rency undervaluation.’’ With that ob- them? I don’t think so. The President placed under terrific pressure to sign jection, the conferees took out the lan- has repeatedly rejected bipartisan ef- on to these deals. A lot of them that guage, so the bill we will vote on to- forts to put protections in for Amer- signed on and said they will support it morrow does not have the language in ican workers. He clearly did not follow don’t like it, but they were basically it that passed in the U.S. Senate with Congress’s negotiating objectives. He put in a room and asked: What do you 78 votes in favor. has ignored an issue which the Senate need to do? We will agree to some Last year, I wrote the President and overwhelmingly approved, and he things if you will agree to support the asked him a few simple questions. I be- failed to negotiate enforceable cur- deal. Many felt it was going to pass lieve these are simple questions that rency protections for American work- anyway, and they got a few little trin- the American people are entitled to ers. kets—a few little gifts out of the TPP have answered by the leader of our American manufacturers cannot wait that they liked out of the 5,000 pages country who is proposing and pushing longer. It is time to give them the that it consists of, and they have the TPP. tools they need, a fair ability to com- agreed to either be silent or support One, I asked him to state whether pete, and a level playing field. The Cus- the deal. But many of these companies the TPP would increase or decrease our toms bill that is before us is a step in like Ford are very uneasy about it. trade deficit. Shouldn’t we know that? the right direction. It ensures the Com- So where are we today? I was very Our trade deficit is surging. Some try merce Department and Customs and pleased that one of the strong sup- to contend that trade deficits don’t Border Protection share information porters of trade in Congress—the new matter. They do matter. They do mat- more efficiently. It gives the Customs Speaker of the House, PAUL RYAN—an- ter if your factory is closed. Trade defi- and Border Protection new tools to nounced yesterday that there was not cits reduce GDP. Some studies say that identify and stop illegal trading prac- support in the House to pass the TPP about one-half percent of growth in tices. It provides early notification of now, and, in fact, he has concerns GDP has been reduced as a result of the trade surges, which helps ensure stable about it. He has been an advocate of trade deficit. It does impact America. prices of goods here at home, but it is these trade agreements. I have been I further asked the President, two, important to note the Customs bill is worried about that. But I was very whether the TPP would increase or de- not a perfect solution. There is still pleased that at least now, in the tem- crease the number of manufacturing work to be done. porary situation, he has indicated that jobs in the United States. As I noted, Paul Volcker pointed out, he has doubts about the agreement, it Third, I asked him how the TPP all of these agreements can be elimi- is not going to have the votes in the would affect the average hourly wages nated overnight through currency ma- House. for the American middle class. nipulation. We can pass this Customs

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Mr. President, I We have that problem now in China, tive way. It is part of the whole eco- ask unanimous consent that the order Japan, South Korea, and other coun- nomic future of America. for the quorum call be rescinded. tries. I am not going to be satisfied Every business journalist is talking The PRESIDING OFFICER. Without until the President signs legislation about this. They have different views objection, it is so ordered. granting the Commerce Department about what ought to be done, if any- f real powers to protect American work- thing, but everybody talks about the impact. TRADE FACILITATION AND TRADE ers and American manufacturing from ENFORCEMENT BILL these devastating market manipula- This is T. Rowe Price. They did their tions. fall 2015 Economic Outlook Report. Mr. HATCH. Mr. President, 2015 was Our government does not offer such To be sure, the U.S. economy remains the an extremely productive year for our subsidies to American manufacturers. world’s largest and most innovative. But this Nation’s trade agenda as, on multiple summer’s dramatic plunge in China’s stock There are other subsidies, too, that for- occasions, both parties were able to market and the unexpected devaluation of come together to take several steps to eign countries offer that we don’t offer. its currency quickly reverberated around the These subsidies and currency manipu- globe—triggering market volatility, dim- advance effective trade policies that lations are forbidden by international ming growth prospects for certain industries will put our Nation on a more pros- trading standards, but they go on any- and the countries, and exacerbating pressure perous course. way, and nothing is done about it. We on emerging markets. Hopefully, we will take another step must not allow other countries to take I don’t think anybody would dispute here in the Senate before we leave for advantage of us any longer. that. That is common business knowl- the recess. I will note some of the quotes that edge. T. Rowe Price’s Outlook Report Before the Senate breaks for recess, we heard about this subject, but no ac- says: we are likely to vote on the conference tion of significance has been taken. The devaluation, along with the govern- report for H.R. 644, the Trade Facilita- On September 3, Treasury Secretary ment’s unsuccessful intervention in its tion and Trade Enforcement Act of Jack Lew in an interview on CNBC plunging stock market, also undermined 2015, legislation that originally passed confidence in China’s leadership and, most in this Chamber back in May of last said, ‘‘[China has] to understand, and I important, in its ability to manage the tran- make this point to them quite clearly, year. As chairman of the Senate Fi- sition of its economy from one led by invest- nance Committee, I was one of the that there’s an economic and political ment and exports to one more driven by do- reality to things like exchange rates.’’ mestic services and consumption. original authors of this legislation, and He is talking about currency ex- This is where we are. We need to get I was honored to serve as the chair of change rates. There is a political re- this ship on the right path, and we need the conference committee. I believe ality there. In other words, Mr. Lew, to not adopt the TPP. We need to use our report represents a strong bipar- who should be doing something effec- the leverage we have as the greatest tisan, bicameral agreement that will tive besides just talking, acknowledges market in the world that all these effectively address a number of trade that currency rates have real impact countries want access to. We have the policy priorities. In fact, it has already on Americans. leverage. They have more to fear from passed the House with a strong, super- He goes on to say: a trade war than we do. We must put majority vote. I am hoping to see a similar vote here in the Senate. They need to understand that they signal an end to it because we owe it to this their intentions by the actions they take and country. The day we can give away I would like to take a few minutes to the way they announce them. And they have more and more jobs and assume that talk about some of the specifics of this to be very clear that they’re continuing to this has no negative impact on the legislation, which is generally referred move in a positive direction. And we’re going American economy is over. Wages are to simply as ‘‘the Customs bill.’’ If en- to hold them accountable. down in this country. The percentage acted, this compromise version of the We haven’t been holding them ac- of Americans of working age actually Customs bill would address three main countable. working today is the lowest we have policy goals. Mr. Lew continues: ‘‘I think that we had in nearly 40 years. We have had a The first goal is to facilitate and have been very clear for a very long tremendous drop in the percentage of streamline the flow of legitimate trade time with China, how they manage males from 24 to 55, high working into and out of the United States. To their exchange rate is a matter of great years, who are actually working in jobs accomplish this goal, the bill, among concern to us and that they need to be today. It is a troublesome trend. We other things, reduces paperwork and willing to let market forces drive the need to reverse that. bureaucratic burdens on U.S. traders value up, not just drive it down.’’ We need to put people to work and and improves consultation between That is true, but they are not doing get them off welfare. We need to put trade policymakers at the Customs and it, and China is going to continue to them in good job training programs to Border Protection, or CBP, agency and manipulate their exports until some help them take jobs that already exist Congress, as well as private actors action is taken to stop them. in the country. We can’t afford to bring within the trade community. It also He said in his interview: in hundreds of thousands and millions modernizes the way CBP operates by I think it is something we will discuss at of people from abroad to take jobs. Our authorizing the continued development the G–20, is any temptation to slip into what people should be trained and be taken. and implementation of the Automated might look like a competitive devaluation. That is so basic as to be without dis- Commercial Environment, or ACE. And It’s both unfair and it ultimately leads to a pute, it seems to me. it sets procedures and establishes dead- worse global economy. I think the Customs bill that we con- lines to ensure that all import require- I think there is some truth to that. sider tomorrow is worthy of our sup- ments are fulfilled through a single He is acknowledging that there is a port. In the long run, I do believe that window process. These changes will fa- problem. What he is saying is our re- if we don’t confront the trading issues cilitate trade by reducing unnecessary sponse to devaluation—it is unfortu- that are facing America, we will regret burdens and delays created by an over- nate if we are put in a position where it, and we will continue to see adverse ly bureaucratic system. This will im- we devalue, where Korea devalues, economic consequences for the citizens prove our Nation’s competitiveness, where Vietnam devalues, where other we represent. create jobs here at home, and provide

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\BR16\S10FE6.001 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1640 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 February 10, 2016 numerous benefits for our trusted trad- trade promotion authority statute that a process that provides robust con- ing partners. we enacted last year, reflecting various sultation and is consistent with both The second major goal of the Cus- priorities and concerns from members House and Senate rules. toms bill is to improve enforcement of of both parties. The conference report And, on top of that, I just want to re- our trade laws. Toward that end, the strengthens TPA by enhancing affirm my own commitment, as the bill establishes a new process at CBP— Congress’s oversight role in crafting chairman of the Senate committee with strict deadlines and judicial re- trade policy, specifically with regard with jurisdiction over this issue, to view—for dealing with evasion of our to administration nominees and at ne- find a process that both the House and antidumping and countervailing duties gotiating rounds for future trade agree- the Senate can agree on and get MTBs laws. The bill also ensures that all dis- ments. It also strongly reaffirms that over the finish line. Our businesses and tributions required under the Contin- trade agreements should not include manufacturers that benefit from MTBs ued Dumping and Subsidy Act are and TPA procedures should not be used have waited too long for Congress to made correctly. with respect to, provisions dealing with act on this matter, and I am going to I am particularly pleased that the immigration policy or greenhouse gas do whatever I can to forge a path for- bill improves protections for intellec- emissions. The bill also establishes a ward. tual property rights by creating addi- new negotiating objective to address Let me just say that I am very tional monitoring tools to detect viola- barriers American fishermen face in pleased with the substance of this con- tions at the border and expanding re- exporting U.S. fish, seafood, and shell- ference report. It has been a long road quirements for USTR’s existing Special fish. to get us here, but in my view, it has 301 Report on our trading partners’ IP In addition, the conference report im- been worth it. enforcement efforts to include trade se- proves provisions relating to traf- I will have many people to thank in crets. It also establishes a chief innova- ficking in persons in order to strength- the coming days as we debate—and tion and intellectual property nego- en Congressional oversight and ensure hopefully pass—the conference report tiator at USTR to better ensure that that appropriate steps are being taken here in the Senate. For now, I specifi- our trade agreements reflect our Na- to put an end to human trafficking. cally want to thank the vice chair of tion’s interests in protecting intellec- I think most of us would agree that the conference committee, Chairman tual property rights. we passed a good TPA bill last year. I KEVIN BRADY, for his work on both the Providing proper enforcement and certainly think that we did. The con- committee itself and on the substance protection for intellectual property ference report on the Customs bill of the report. I also want to thank the rights—both domestically and inter- would simply ensure that the statute ranking member of the Finance Com- nationally—has long been a priority for better reflects the bipartisan will and mittee, Senator WYDEN, for his efforts me in large part because it is so impor- role of Congress in our trade negotia- to ensure that our final product was tant to Utahns. In Utah around 19 per- tions. truly bipartisan. cent of the total workforce is directly Those have been the three main goals This is a good bill. It is not perfect, employed in IP-intensive jobs, accord- of the Customs bill. With this con- by any means. But once again, it pro- ing to a recent report by the U.S. ference report, I think we have reached vides what I think are strong outcomes Chamber of Commerce’s Global Intel- good outcomes on all three. But that is on many key policy priorities. lectual Property Center. That same not all. Other important issues are also Both the House and the Senate came study also noted that Utah’s IP indus- addressed by the conference report. into the conference with their own set try employs, either directly or indi- For example, the bill will combat po- of demands, which required some com- rectly, over 590,000 Utahns—or more litically motivated boycotts, divest- promise. However, throughout our ne- than half of Utah’s workforce. More ments, and sanctions against Israel, gotiations, I worked extremely hard to importantly, the IP industry makes up bolstering our already strong economic preserve the Finance Committee’s con- nearly 80 percent of current exports ties with one of our most important tributions to the Customs bill and to from my home State. So, for obvious strategic allies. The conference report advance the Senate’s priorities on this reasons, protecting IP was one of my also provides additional trade pref- legislation. And in that regard, I think main focuses in drafting the Customs erences for Nepal in order to promote we can all be pleased with the overall bill, passing it here in the Senate, and economic recovery in the aftermath of outcome, even if some compromises putting together the conference report. the devastating earthquake last year. had to be made. I am very pleased that my colleagues With this legislation, we will also take I know that some of our members on the conference committee shared significant steps to promote small have specific objections to some of the my desire to improve upon our current business exports and improve tariff individual compromises we had to efforts, and I think our inventors and classifications relating to footwear and make in order to get the deal done. I innovators here at home—the people outerwear. certainly don’t want to minimize any- who drive so much of our economic Finally, I want to acknowledge that one’s concerns. Instead, I will just say growth and prosperity—will benefit a number of my colleagues—as well as that this comes with the territory of greatly from this legislation. businesses and job creators around the passing legislation that tries to rec- The report addresses other enforce- country—had hoped that the con- oncile differences. ment priorities as well, including pro- ference report on the Customs bill As a whole, I believe this legislation visions to give clear direction and ro- would include a reauthorization of the provides a path on the Customs bill bust tools for identifying and address- Miscellaneous Tariff Bills or MTBs. I that members of both parties can get ing currency manipulation from our shared my colleagues’ desire to pass behind. I am hoping we can get past to- trading partners, an issue that I know MTBs with this vehicle. As you will re- morrow’s cloture vote and final pas- is of particular interest to a number of call, a revised MTB process was, after sage and send the bill to the Presi- our Members here in the Senate, as all, passed by the Senate in the origi- dent’s desk in short order. well as to many of our domestic busi- nal version of the Customs bill. I urge all of my colleagues to work nesses and industries. The result of all There are a handful of procedural with us to make sure that happens. these enforcement provisions will be concerns that complicate this issue— f greater protections for American trad- particularly over in the House—that ers and consumers and a greater assur- made it difficult to adequately address TRIBUTE TO JUDGE TOM JENSEN ance that foreign competitors will not MTBs in this conference report. How- Mr. MCCONNELL. Mr. President, have unfair advantages in the global ever, the conference report does in- today I wish to honor the long career marketplace. clude a strong sense-of-Congress state- in public service of a good friend of The third major goal of the Customs ment reaffirming our shared commit- mine and a friend to the Common- conference report is to strengthen the ment to advancing MTB legislation in wealth of Kentucky, circuit court

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\BR16\S10FE6.001 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 1641 Judge Tom Jensen. After a lifetime of the bench, I know he will be an out- Jensen’s passion for advocacy is also evi- service in both elected office and on standing attorney and advocate for his dent when he discusses the years that he the bench, Judge Jensen has announced clients, who will be very lucky to ben- spent working in the Kentucky State Legis- efit from his experience. lature, a political career that resulted in his his retirement from the bench of the recognition as Kentucky State Senator of 27th Judicial Circuit Court, effective I know my colleagues join me in ex- the Year for 2011. this February 16. Kentucky is going to tending congratulations and best wish- ‘‘I enjoyed (the legislature),’’ Jensen said, miss his wisdom, his judgment, and the es to Judge Jensen and to his family: ‘‘trying to make a difference. I think it was benefit of his many years of experi- his wife, Nannette Curry Jensen; their seeing if you could make things better. It ence. two daughters, Natalie Jensen and sounds crazy, but it wasn’t the pay. Actu- Judge Jensen has served for 3-plus Laura Jensen Hays; his son-in-law, ally, it probably cost me money, practicing years on the bench and, prior to that, Henry Hays; and grandchildren, Elle law, being in the legislature, being gone and Spencer. those periods of time. But it was a good feel- had a lengthy career in the Kentucky ing if you got something accomplished. It General Assembly. He served in the As Judge Jensen begins this new was a good feeling that you thought you Kentucky House of Representatives in chapter in his career, I want to thank could make things better. Sometimes we the 1980s and 1990s. During his tenure him for his career in public service and were right, sometimes we weren’t. I think, there, he was elected as minority floor contributions to the Commonwealth of you know, Kentucky’s my home, and I want- leader, the highest Republican position Kentucky. We will miss him on the ed to make it as good as I possibly could. Of in the House of Representatives. bench or in the general assembly halls, course, I wasn’t a dictator, and I wasn’t gov- but look forward to still seeing him in ernor or anything like that, but I did, as In 1996, Tom chose to not seek reelec- Floor Leader in the House, have some impact tion to the house and instead was the courtroom. A local area newspaper in Kentucky on some things. We were able to put in some elected chairman of the Republican legislation that I think has made a dif- Party of Kentucky. During his leader- published an article extoling Judge ference in the state. It moved at a snail’s ship, the Kentucky GOP made some Jensen’s life of service. I ask unani- pace; sometimes you’d get frustrated. Some- significant gains, adding an additional mous consent that the article be print- times you would argue that there was a bet- Republican to the U.S. House of Rep- ed in the RECORD. ter of doing it and you couldn’t get your way There being no objection, the mate- about it, but that’s democracy, and the one resentatives delegation and sending an- rial was ordered to be printed in the thing that I saw in the legislature: for the other Republican to the U.S. Senate. RECORD, as follows: most part, people were up there for the right Republicans also gained control of the [From the Times-Tribune, Feb. 7, 2016] reasons. They were up there to make Ken- Kentucky State Senate for the first tucky better.’’ time in history under his watch. TRI-COUNTY PROFILES: JUDGE, LEGISLATOR Jensen is proud of much of what he accom- RETURNS TO PRIVATE PRACTICE AFTER DEC- Judge Jensen was next elected to the plished in the legislature, but he said his sig- ADES OF SERVICE nature accomplishment was House Bill 463, Kentucky State Senate in 2005, rep- (By Christina Bentley, Feature Writer) resenting the 21st District, which in- designed to cut down on prison overcrowding ‘‘Life’s too short not to do things you in the state. cluded Estill, Laurel, Powell, Jackson, enjoy,’’ said Circuit Court Judge Tom Jen- ‘‘In about 2009 and 2010, we started looking and Menifee Counties. As a senator, he sen, who recently announced his retirement at it,’’ he said. ‘‘We were actually using pri- chaired the senate judiciary committee from the bench of the 27th Judicial Circuit vate prisons to house state prisoners, and it and the senate budget review sub- Court, effective Feb. 16. was costing the state a considerable amount committee on justice and judiciary. He For Jensen, the thing he will be enjoying of money. It was to the point that we were also served as the vice chairman of the for the foreseeable future will be his London either going to have to build a new prison or senate natural resources and energy private law practice, although he said he has we had to do something. So that’s when we enjoyed every phase of his career, from his came up with (House Bill) 463 to put a lot of committee. 181⁄4 years of service in the Kentucky State people on probation, more than we had in the Judge Jensen has been honored many Legislature to his three-plus years on the past, mainly drug offenses, and it has done times in the Commonwealth for his bench. But his heart right now is in return- what we said it would do . . . Now some peo- achievements. He won recognition as ing to private practice. ple might say we’re being too easy on them. Senator of the Year 2011 by the Ken- ‘‘I made a commitment that I would go The thing about drug addiction, the way I tucky Narcotics Officer Association. back to my law office . . . When I left, I said, see it, in the courtroom, your criminal days He received the highest award from the ‘look, I’m just going to go stay three years, are just filled up with drug cases. Most of maybe four years, and then come back and Kentucky Department of Corrections. them are pleading out, a lot of probation, practice law and finish up that way,’ ’’ he some diversions. And then about 50 percent He received the 2011 Public Advocate said. ‘‘I may take off a couple of weeks, but of them end up going to prison or jail any- Award for advancing justice through I am going back. My staff stayed in place, way because they can’t comply with the criminal justice reforms. His alma and I always promised them I’d come back, terms. But still, if you look at it that way, mater, the University of the Cum- so I’m going to live up to my promise. And it’s 50 percent, which is not a good rate, but berlands, also presented him an award it’s time. I’ve thought about not going back. actually there are 50 percent that aren’t for his leadership. I’ve got six-and-a-half more years or so in going back, which is a good rate, and it has After 18 years in the legislature, this term, and I considered it. At my age, saved us a considerable amount of money.’’ Judge Jensen has dispensed his wisdom maybe that’s the smart thing to do. It’s not Jensen said that while he won’t be running overwhelming work to me. A lot of people for office again, he enjoyed the political from the bench for the last 3-plus have asked me why I’m going back to prac- process and may involve himself in it in years, where he presides over many tice law, and the thing about it is I enjoyed other ways, advocating for causes he believes cases involving drugs and drug of- that. I enjoyed that more than anything that in, primarily those that help his adopted fenses. He has won acclaim for his wis- I’ve ever done, I think.’’ hometown. dom and judicial temperament, but Jensen said that while he has also enjoyed ‘‘This will be the last political position even though he has more than 6 years serving on the bench, he just doesn’t get the that I have,’’ he said. ‘‘I’m not saying I won’t left in his current term, he has chosen same sort of satisfaction from it as he does help out somebody politically or maybe get from the process of problem solving with cli- involved in somebody’s campaign, but I don’t to retire and re-enter private law prac- ents. think I’ll ever run for anything again. I tice. Tom has practiced law in London ‘‘It just turned out that I would rather ad- think I’m done running. But I always liked since 1978, is licensed to practice in all vocate for somebody than be the mediator or politics . . . I intend to go back and practice courts of the Commonwealth, and has make the decision,’’ he said. ‘‘I think I miss law, but I might even lobby some. I’ve still been admitted to practice before the the give and take, the camaraderie you de- got some real good friends in the legislature, sixth circuit of Appeals and the U.S. velop by talking to a client, meeting with so I might do that and lobby for some Supreme Court. people, trying to solve a problem, not decid- projects, mainly things that I think would It seems advocacy is Judge Jensen’s ing the issue or the problem, but trying to help Laurel County.’’ solve it. I don’t want to sound corny, but I For example, Jensen cites the ongoing ef- first love, and after a long and success- think I’m a people person, and I don’t think forts of Cumberland River Comprehensive ful career, he wants to return to the that’s the role of a judge. I don’t think I’ll Care to build a juvenile drug rehab in Laurel role of advocacy in the courtroom. ever run for anything again, and I think I’d County as a project he would like to have While he will certainly be missed on like to finish up practicing law.’’ more involvement in.

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\BR16\S10FE6.001 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1642 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 February 10, 2016 ‘‘One of the things that I even worked on He would like to continue to combat the And I was pleased to be one of the as judge was to try to help Cumberland River drug problem in the area, something he has three cosponsors of the North Korea Comp Care get the old juvenile detention fa- seen first-hand as a judge. Sanctions Enforcement Act of 2015 led cility,’’ he said. ‘‘I did help by going to ‘‘The biggest problem I see facing us today by Senator MENENDEZ, key parts of Frankfort to talk to the governor and some is drugs, and if you come and watch a crimi- others . . . What they want to do is have a nal day, it’s nearly all drugs, everybody which are included in the bill being juvenile rehab center in there, and I can tell that’s convicted. Now, they might have a voted on today. you, looking at my court system, these peo- theft with it, but they were stealing money North Korea has bedeviled adminis- ple that are adults on drugs in my court, to buy drugs . . . It’s really sad. I see that as trations, both Republican and Demo- they didn’t start when they became 18. They a major problem, not only in Kentucky but cratic alike, and as such, this legisla- started at 12, 13. It’s actually alarming when across the nation,’’ Jensen said. tion is a step in the right direction. you talk to some of them, the age they All told, though, Jensen said he is proud of I have some concerns with the final began this stuff. So I felt like that was a his life’s work and feels fortunate to have bill in areas where I think more flexi- been able to accomplish what he has for the really good endeavor to get into. I’d like to bility for the executive branch would even help them maybe get some more money people of the region. to fix up more of that building . . . it’s going ‘‘I’m glad I left Cincinnati to come down have been appropriate, but such is the to take considerable money to get it up and here. It’s just been a good life for me here,’’ nature of compromise. operating, and Comp Care has made the com- Jensen said. ‘‘I’ve made a lot of good friends North Korea’s recent actions testing mitment to do it, but I thought I’d try to . . . I’ve been very fortunate. And the people nuclear weapons, launching missiles maybe help them, see if I could get them a of this community . . . have been really, that could carry a nuclear warhead, little more money to help the renovation really good to me. When I was in the Senate, and apparently restarting its pluto- along a little quicker. That’s one of the I was representing five counties: Laurel, nium production are all deeply trou- Jackson, Estill, Powell and Menifee coun- projects I’ve developed for myself in retire- bling. North Korea’s leadership does ment.’’ ties. They were always good to me. This Jensen is not a Laurel County native, but (Laurel County) courthouse here, I put the this while many of its own people are he has spent his entire career here, after fol- money in the budget for this and the one in starving or locked away in political lowing a basketball scholarship from his Jackson County, too. Those kind of things, prison camps. This is unconscionable. hometown of Cincinnati to Sue Bennett Jun- when you look back on it, things you were One often wonders how such an iso- ior College nearly 50 years ago. able to accomplish, it kind of makes you feel lated and repressive regime is able to ‘‘My high school coach was a guy named good about some of it. Some of the things continue such dangerous antics. Ralph Rush, and he was from Bush, and of you couldn’t accomplish, you know, it’s frus- How does it pay for such endeavors course I never heard of Bush, growing up in trating that you thought you knew the right and how does it pay off the sycophants Cincinnati, but he brought me down here,’’ way to go and couldn’t get there, but the and enablers needed to maintain such a Jensen said. ‘‘My grades were not real good things that you have gotten right . . . that in school. I was not a particularly good stu- makes you feel good. And I know what I ac- police state? dent. I went to school mainly to play sports complished. I don’t need my name on a build- After all, a nuclear-armed, erratic probably . . . But that’s what brought me ing or anything to know what I did, and I’m North Korea is not only a threat to the down here, and I just kind of fell in love with pretty proud of the things I did accomplish. United States and its allies in the re- it here in London and the surrounding area. It’s up to the next generation now to accom- gion, but to China as well. Such ac- I think I like the small town more than I plish even more and do things even better.’’ tions clearly are not in China’s secu- ever did a big city. Even though London’s f rity interests. not a particularly small town anymore, I Yet, frustratingly, too often, China wouldn’t live anywhere else. This is it. When NORTH KOREA SANCTIONS AND seems unwilling to take necessary I left Sue Bennett, I had a lot of scholarship POLICY ENHANCEMENT BILL steps to isolate and pressure the North offers, and I went to Eastern Illinois Univer- Mr. DURBIN. Madam President, I sity. I went up there and just didn’t like it, Korean regime. I understand China and I quit. And this is 1969, I guess, and my was necessarily absent from today’s doesn’t want a collapsed state on its dad was furious with me. Vietnam was going vote, vote No. 20, on the North Korea border. I also understand it doesn’t on, and he said, ‘Here you are going to school Sanctions and Policy Enhancement want a unified, Western-leaning Korea for free. What are you going to do?’ And I Act due to events in Illinois. Had I on its border. said, ‘Well, I’ll just join the Army.’ But my been present, I would have voted ‘‘yea’’ But I ask our Chinese friends, is what dad threw such a fit . . . So I came back in support of H.R. 757, to advance sanc- we have today really serving Chinese down to London and talked to Ernie Wiggins, tions against North Korea, and was security interests? who was my coach at Sue Bennett . . . and it glad to see it adopted. The North Korean leadership has just so happened that night they were going Today marks the ninth anniversary to play at Cumberland College, and he asked thumbed its nose at the Chinese, ignor- me if I wanted to go down . . . I went to of President Obama’s announcement of ing entreaties and some measure of Cumberland and finished up there. I met my his intention to run for President. He protection offered against tighter sanc- wife there. Got married. Came to London— made the announcement from the steps tions or Security Council action. I was that’s where her family’s from—and decided of the old State capitol, the recon- recently in New York meeting with our to go to law school about two years later.’’ structed building where Abraham Lin- talented Ambassador to the United Na- Jensen married Nannette Curry and the coln delivered his ‘‘House Divided’’ tions, Samantha Power, and I was dis- couple have two daughters, Natalie Jensen speech in my hometown of Springfield, mayed at the challenge she faces in ob- and Laura Jensen Hays, who were growing up during Jensen’s time in the legislature. IL. Today, the President and I returned taining greater Chinese help on this ‘‘I enjoyed . . . all those years doing that, to Illinois to commemorate his historic matter. looking back on them, other than the time I announcement and his service in the Il- Now, I know the Chinese and some was away from my family,’’ Jensen said. linois State Senate. I try to never miss other apologists will argue that North ‘‘You know when you’re away from your kids votes, but this was a very special occa- Korea is so isolated that further sanc- and then they grow up, and if anything goes sion in my home State. tions would not work and may even wrong, you start blaming yourself: ‘I should I have been deeply concerned about backfire. But we know that there have have been there more,’ but my wife did a nuclear weapons programs in countries been effective measures against the really good job, she covered all the bases. She was a good mother, she was real in- such as Iran and North Korea. Almost North, for example, going after luxury volved with the kids.’’ 10 years ago, I joined with then-Sen- goods and overseas accounts linked to These days, Jensen says he’s looking for- ator Gordon Smith in introducing the the regime and ruling elite. ward to having time to watch his grand- Iran Counter-Proliferation Act, which Yet, despite international sanctions children swim—they are both on the swim became the basis for eventual petro- on luxury goods to North Korea, the team at Corbin High School—but he doesn’t leum sanctions against Iran that New York Times recently reported how really have any other hobbies. He said he helped compel a negotiated nuclear China loosely defines such goods and wants to keep serving Laurel County, just in agreement. I also cosponsored and continues to allow North Korean leader different ways. ‘‘How many years can you do this? I don’t voted for the Iran, North Korea, and Kim Jong Un’s army’s to import equip- know. I just know that I want to work until Syria Sanctions Consolidation Act, ment from China to build a world-class I can’t work anymore,’’ he said. which became law in 2012. ski resort.

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR16\S10FE6.001 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 1643 That is right—a world-class ski re- The now former mayor of Iguala has Rights Commission and reputable sort in a country that can’t feed its been accused of ordering the attack on human rights organizations of inci- own people. the students that evening. While the dents of torture and extrajudicial In fact, according to the report, Chi- motive remains a mystery, what ap- killings. The only way to effectively nese customs data showed that North pears to have occurred is that the po- address the kind of lawlessness that Korea imported $2.09 billion in luxury lice used lethal force against the stu- has become far too prevalent in Mexico goods between 2012 and 2014, including dents, and the 43 who are missing were is to conduct credible, thorough inves- armored cars and luxury yachts. handed over to the criminal organiza- tigations and appropriately punish And, according to United Nations tion Guerreros Unidos. Six people were those responsible, so the message is trade statistics, in 2014, China exported killed that day, and the fate of the clear that no one is above the law. $37 million worth of computers, $30 43 disappeared students remains un- f million of tobacco, $24 million of cars, known. and $9 million of air-conditioning After it became clear, thanks to the ADDITIONAL STATEMENTS equipment to North Korea. courageous and dogged work of foreign So I hope this legislation will tighten journalists that a horrific crime had TRIBUTE TO FRED SEARS the measures against luxury goods been covered up by Guerrero officials used to buy loyalty for the regime. And and the police, the Mexican Govern- ∑ Mr. COONS. Mr. President, today, on I hope the Chinese realize that ignoring ment established the Interdisciplinary behalf of Delaware’s congressional del- this regime is far riskier than working Group of Independent Experts of the egation of U.S. Senator TOM CARPER with the United States and others to Inter-American Commission on Human and U.S. Representative JOHN CARNEY, rein in North Korea’s nuclear weapons Rights to provide independent analysis I wish to recognize a close friend from program. and technical assistance to the govern- Delaware, Fred Sears—a community Let us also not forget that in 2014, ment. leader and a passionate advocate for all the U.N. General Assembly voted to The experts’ September 2015 report, in our community; a man whose name refer the North Korean regime to the released on the eve of the 1-year anni- is synonymous with business leader- International Criminal Court for well- versary of this tragedy, exposed signifi- ship and public service in my home documented crimes against humanity. cant deficiencies in the government’s State of Delaware, and a man I am Earlier, a U.N. commission of inquiry handling of the investigation and pro- proud to call my friend. report documented massive crimes vided an opportunity for the govern- Fred is known statewide for his gen- against humanity in North Korea, in- ment to restore the integrity of its own erosity, his enthusiasm, and his busi- cluding deliberate starvation, forced inquiry. The government’s decision to ness acumen. For decades, his impact labor, executions, torture, rape, and in- extend the experts’ mandate in the fall has been felt by elected officials, non- fanticide, among other crimes—most of was a welcome signal of political will profit and community leaders, and them committed in North Korea’s po- and a desire to build credibility. countless Delawareans of all back- litical prison camp systems. But as the end of the experts’ man- grounds and careers. He is a true lead- The almost 400-page report concluded date nears, President Pena Nieto is er, an authentic champion of the com- that the bulk of the crimes against hu- running out of time to demonstrate munity, and the embodiment of what manity were committed ‘‘pursuant to that that political will has a lasting service means in Delaware. policies set at the highest levels of the impact. The manner in which this in- Fred Sears is a Delawarean through state’’ and were ‘‘without parallel in vestigation is conducted has grave im- and through, born just blocks away the contemporary world.’’ plications not only for the victims of from his boyhood home at what was This criminal regime holds between the attacks in Iguala and their fami- then called Wilmington Hospital, he 80,000–120,000 political prisoners in its lies, but for the victims of countless grew up across the river from Brandy- system of gulags. other incidents in which Mexican citi- wine Zoo. This Delaware native at- So I am glad this sanctions legisla- zens have vanished during the past dec- tended Mt. Pleasant Elementary, Al- tion also includes provisions that ad- ade and remain unaccounted for. fred I. DuPont Junior High, and Wil- dress North Korea’s terrible human I urge the Mexican Government to mington Friends School for high rights record. fully support the experts’ investigation school. Fred went on to earn a business Let me close by reaffirming my sup- by ensuring maximum cooperation of degree from the University of Delaware port for our South Korean and Asian all Mexican officials, including on and had a great deal of fun, including a allies that are at the most immediate issues related to the experts’ access to truly memorable spring break trip to threat from North Korea—not to men- all those potentially involved in this the Bahamas with JOE BIDEN, his class- tion the more than 25,000 U.S. military incident and the serious pursuit of all mate and friend. personnel stationed in South Korea. As possible leads the experts have identi- After graduating from UD in 1964, such, without progress on ending North fied, including by soliciting assistance Fred began a nearly 40-year career in Korea’s nuclear weapons program, I from the United States. banking. Fresh out of college, Fred was support the deployment of necessary I also urge the government to pub- scheduled to interview for a job with missile defense technologies to help licly refute the campaign that some the Bank of Delaware, but accidentally protect these allies. have waged to delegitimize the experts walked into Delaware Trust instead. f as a way to discredit their work. If the Fortunately, Delaware Trust was also experts’ work is forced to carry on with hiring, and after starting as a manage- DISAPPEARANCE OF 43 STUDENTS only the passive acquiescence of the ment trainee, he rose to become the in- IN MEXICO government—or worse, subtle attempts stitution’s first vice president of busi- Mr. LEAHY. Mr. President, it has to hinder its work—rather than its ac- ness development. From there, Fred been well over a year since 43 students tive support, the progress that has went on to later work at Wilmington from Ayotzinapa Rural Teachers’ Col- been made may be lost and with it the Trust, Beneficial National Bank, and lege were forcibly disappeared in the truth and the Mexican Government’s ultimately Commerce Bank, where he state of Guerrero, Mexico. On Sep- remaining credibility on this issue. was Delaware market president. tember 26, 2014, around 100 students The Mexican people, like people ev- While Fred was well and widely from the college traveled to the city of erywhere who care about human known as a leader in our financial serv- Iguala. They were there to raise money rights, deserve to know what happened ices industry, he found many other and to obtain buses to attend a com- to these students. As I mentioned, we ways to serve our community as well. memoration of the infamous massacre also know there are thousands of other Early in his career, Mayor Tom Malo- of more than 600 students in the capital cases in Mexico of disappearances and ney asked his friend Fred to take a in 1968. many reports by the National Human leave of absence from Delaware Trust

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\BR16\S10FE6.001 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1644 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 February 10, 2016 to serve as the city’s director of fi- grants to community needs all over my person. If you speak to those who have nance and then later as director of eco- home State of Delaware. been around him the longest, they will nomic development. Fred not only ful- My good friend Tony Allen, who also tell you his true passion is his family: filled those two roles terrifically, but calls Fred a mentor and a friend and a his wife, JoAnn; his son, Graham; his decided afterwards to run for an at- brother, tells a story of how Fred daughter-in-law, Kathryn; his son, large city council seat in 1976. Fred helped establish the African-American Jason; his daughter-in-law, Jen; and of won and went on to serve two full Community Empowerment Fund. The course his treasured grandchildren, terms. fund is today known as the Council on Kylie, Paxton, and Charlie. I have no Many of us in younger generations of Urban Empowerment, and it promotes doubt that Fred’s retirement means he politics after Fred’s elected service philanthropy that supports edu- will be spending a lot more time as Pop have called on his wisdom, his insight, cational, social, and economic em- Pop to his three treasures, becoming and his ability to bring people to- powerment of African-American Dela- even more of a fixture at their frequent gether, as we had important decisions wareans. As Tony notes, Fred didn’t school functions and their baseball and to make. So Fred served on the transi- just help establish the fund, he wasn’t soccer games. tion teams of Wilmington Mayor just one of its first donors; he attended Fred’s friends and family will also James Sills, Delaware Governor Ruth every meeting of the group. In 2010, tell you how much he adored his moth- Ann Minner, and co-chaired my transi- Tony introduced Fred when Fred Sears er, Marjorie, visiting her daily at tion team after I was elected New Cas- was set to receive an award for non- Stonegates until her passing, and how tle county executive in 2004. profit leadership. As Tony put it then, much he cares for his father-in-law For many of us, decades of success in ‘‘While patience is a virtue, impatience today. They will tell you that Fred finance, in business, in politics might is a weapon. And Fred can be appro- loves dancing, snappy suspenders, and be the hallmark of a complete and suc- priately impatient. Fred doesn’t demur vinyl records. cessful career, but for Fred, these expe- to what others would call insurmount- Fred’s friend Tom Shopa will tell you riences were just a few of the ways he able tasks and taboo topics of con- about Fred’s passion for golf and how, fulfilled a lifelong passion for service versation. He takes every opportunity for decades, he has kept track of all of in our State of Neighbors. Just over 13 to constructively push the status quo.’’ his golf scores, the number of putts he years ago, while Fred was at Commerce Tony’s absolutely right, and given made, the weather that day—recording Bank, our mutual friend Jim Gilliam, that legacy of leadership, it is no sur- every single detail just as his father Jr., called Fred one day and said to prise Fred has been honored by count- did. Fred’s friends and colleagues will him, ‘‘I have a job for you.’’ After some less organizations for his business and tell you they hear Fred say thank you convincing, Fred accepted the job, and community efforts. He has received a dozens of times every day. Today I pause for a moment on the since then, he has served admirably at Lifetime Achievement in Philanthropy floor of this great institution to say the helm of one of the most important Award from the Association of Fund- thank you to Fred. Thank you for giv- organizations in Delaware: the Dela- raising Professionals. He has been ing your time and talents over decades ware Community Foundation. The DCF given a distinguished service award to more than 40 community nonprofit plays an integral role in my home from the Wilmington Rotary Club. He organizations, for serving on countless State, helping local nonprofits direct has been deemed a Superstar in Busi- boards, from Christiana Care to the philanthropy to Delaware’s most wor- ness by the Delaware State Chamber Rodel Foundation, from the Housing thy causes and encouraging long-term and was named Citizen of the Year by Partnership, to the United Way. Thank charitable giving to improve our State. the Delmarva Council of the Boy you for your decades of service to Wil- Since Fred began as CEO in 2002, the Scouts of America. mington and Delaware and for a life- DCF has tripled its long-term chari- Those awards and merits are cer- long commitment to family, friends, table funds and built its assets to $285 tainly a reflection of Fred’s values and and community. Fred, as our friend million. Dozens of nonprofits and com- his many successes. But those of us Tony Allen puts it, everyone in Dela- munity funds have flourished under who have had the privilege to work ware is better off because of your ef- Fred’s leadership, and he and his team closely with Fred and to know him forts. and their astute financial guidance know that his commitment to s5ervice On behalf of Senator TOM CARPER and continues to generate the funding that shines most brightly in the hundreds of Congressman JOHN CARNEY, I whole- enables them to serve. Fred didn’t join interactions he has with Delawareans heartedly thank you, Fred Sears, and the DCF though just to raise money every day, whether he is offering ideas congratulations on many jobs well and just to be important and recog- and advice or just saying a quick hello. done. I eagerly look forward to seeing nized; rather, he sought to improve the We know that even though Fred’s where your so-called retirement will entire philanthropic community and leaving the Delaware Community take you next.∑ quality of community life in Delaware, Foundation, he will undoubtedly con- f and his success in doing so reflects his tinue to serve the community he loves. values and his vision. In fact, Fred just accepted an appoint- REMEMBERING ALEX DIEKMANN Fred is a true leader: honest, insight- ment from Governor Markell to chair ∑ Mr. DAINES. Mr. President, at the ful, thoughtful; creative, positive and Delaware’s Expenditure Review Com- beginning of February, Montana lost a confident. And Fred possesses that rare mission, suggesting Fred has no inten- true conservationist. Alexander Boris quality: the ability to inspire others. tion of taking ‘‘retirement’’ literally. Diekmann, 52 years old, passed away He has used his passion for service to In a testament to Fred’s thoughtful- peacefully at his Bozeman home after motivate the next generation of great ness, leadership, and sense of compas- battling cancer for many years. He is leaders in our State. sion, just a day after the passing of our survived by his wife, Lisa, and his two Take, for example, one of Fred’s beloved friend Beau Biden earlier this sons, Logan and Liam. many initiatives called the Next Gen- year, Fred spoke to the Bidens and of- Alex is originally from California, eration. It is one he is most proud of— fered to help the family establish an graduated from Yale University, and and justifiably so. Next Gen takes organization in Beau’s name. That idea previously worked as a financial ana- groups of civic-minded young profes- became the Beau Biden Foundation for lyst and in a commercial real estate sionals with limited or no experience the Protection of Children—and 2 days agency before deciding to pursue his in philanthropy and, with just the after it was launched, they had already love of the outdoors and taking a posi- right amount of guidance and encour- raised over $125,000. tion with the Trust for Public Land in agement, helps mold them into non- If this is all there was to Fred’s Bozeman, MT. profit board leaders. Since 2004, Next story, it would be a remarkable one, In Bozeman, Alex worked as a senior Gen’s chapters up and down the State but there is even more to Fred as a project manager for the Trust for Pub- have helped direct over $300,000 in businessman, a philanthropist, and a lic Land. He not only worked diligently

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\BR16\S10FE6.001 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 1645 to increase access to public lands, but (The messages received today are tem of the Department of Veterans Affairs in also strived to secure Montana’s beau- printed at the end of the Senate pro- Danville, Illinois. ty for many years to come. Alex did ceedings.) H.R. 3894. An act to amend title 10, United just that through his 16 years of work States Code, to require the prompt notifica- f tion of State Child Protective Services by to protect the Madison and greater MESSAGES FROM THE HOUSE military and civilian personnel of the De- Yellowstone Area, which include the partment of Defense required by law to re- Taylor Fork in the Gallatin Canyon, ENROLLED BILL SIGNED port suspected instances of child abuse and Three Dollar Bridge, Chestnut Moun- At 10:03 a.m., a message from the neglect. tain, and Frog Rock and the restora- House of Representatives, delivered by H.R. 4056. An act to direct the Secretary of tion of O’Dell Creek in the Madison Mrs. Cole, one of its reading clerks, an- Veterans Affairs to convey to the Florida Valley. nounced that the Speaker has signed Department of Veterans Affairs all right, A large part of his success came from the following enrolled bill: title, and interest of the United States to the property known as ‘‘The Community Living Alex’s remarkable ability to facilitate H.R. 3033. An act to require the President’s Center’’ at the Lake Baldwin Veterans Af- open dialogue and cooperation amongst annual budget request to Congress each year fairs Outpatient Clinic, Orlando, Florida. different interest groups, such as land- to include a line item for the Research in H.R. 4437. An act to extend the deadline for owners, government agencies, elected Disabilities Education program of the Na- the submittal of the final report required by officials, and nonprofits. tional Science Foundation and to require the the Commission on Care. National Science Foundation to conduct re- Alex was known as a man very pas- search on dyslexia. f sionate about his work and his efforts to preserve open spaces will have a The enrolled bill was subsequently MEASURES REFERRED lasting impact for many years to come. signed by the President pro tempore The following bills were read the first His heartfelt love for conservation can (Mr. HATCH). and the second times by unanimous consent, and referred as indicated: be understood by his own words: ‘‘It is At 12:55 p.m., a message from the unbelievable how proud people are of House of Representatives, delivered by H.R. 677. An act to amend title 38, United being involved in this (conservation) Mrs. Cole, one of its reading clerks, an- States Code, to provide for annual cost-of- and that’s something you can’t put a living adjustments to be made automatically nounced that the House has passed the by law each year in the rates of disability price tag on. The rewards are entirely following bills, in which it requests the different. It is all about the heartfelt compensation for veterans with service-con- concurrence of the Senate: nected disabilities and the rates of depend- connection we have with the places we H.R. 677. An act to amend title 38, United ency and indemnity compensation for sur- help conserve.’’ States Code, to provide for annual cost-of- vivors of certain service-connected disabled He worked on more than 55 projects living adjustments to be made automatically veterans, and for other purposes; to the Com- and helped to preserve more than by law each year in the rates of disability mittee on Veterans’ Affairs. 100,000 acres during his time with the compensation for veterans with service-con- H.R. 890. An act to revise the boundaries of Trust for Public Lands. Some of his ac- nected disabilities and the rates of depend- certain John H. Chafee Coastal Barrier Re- complishments also include conserving ency and indemnity compensation for sur- sources System units in Florida; to the Com- 23,000 acres of forested lands sur- vivors of certain service-connected disabled mittee on Environment and Public Works. H.R. 2360. An act to amend title 38, United rounding Whitefish, MT. veterans, and for other purposes. H.R. 890. An act to revise the boundaries of States Code, to improve the approval of cer- As a result of Alex’s efforts, there is certain John H. Chafee Coastal Barrier Re- tain programs of education for purposes of also an abundance of wildlife habitat, sources System units in Florida. educational assistance provided by the De- water resources, and migratory cor- H.R. 2360. An act to amend title 38, United partment of Veterans Affairs; to the Com- ridors that are now secured in Mon- States Code, to improve the approval of cer- mittee on Veterans’ Affairs. tana. tain programs of education for purposes of H.R. 2915. An act to amend title 38, United Despite Alex’s impressive achieve- educational assistance provided by the De- States Code, to direct the Secretary of Vet- ments from his time with the Trust for partment of Veterans Affairs. erans Affairs to identify mental health care and suicide prevention programs and metrics Public Land, he kept a humble spirit H.R. 2915. An act to amend title 38, United States Code, to direct the Secretary of Vet- that are effective in treating women vet- and truly cared about the people he erans Affairs to identify mental health care erans as part of the evaluation of such pro- worked with. He considered the con- and suicide prevention programs and metrics grams by the Secretary, and for other pur- cerns of others when making decisions that are effective in treating women vet- poses; to the Committee on Veterans’ Af- and going about his work. He has been erans as part of the evaluation of such pro- fairs. described by some of his colleagues as grams by the Secretary, and for other pur- H.R. 3016. An act to amend title 38, United honest, warm, generous, creative, and poses. States Code, to make certain improvements extremely dedicated. H.R. 3016. An act to amend title 38, United in the laws administered by the Secretary of Veterans Affairs relating to health care, edu- Alex Diekmann, you will be greatly States Code, to make certain improvements in the laws administered by the Secretary of cational assistance, and vocational rehabili- missed, but your legacy of conserva- Veterans Affairs relating to health care, edu- tation, to establish the Veterans Economic tion lives on. Thank you for doing cational assistance, and vocational rehabili- Opportunity and Transition Administration, what you did to keep the beauty of tation, to establish the Veterans Economic and for other purposes; to the Committee on Montana secure for generations to Opportunity and Transition Administration, Veterans’ Affairs. come. Montanans thank you, and I and for other purposes. H.R. 3036. An act to designate the National thank you.∑ H.R. 3036. An act to designate the National September 11 Memorial located at the World September 11 Memorial located at the World Trade Center site in New York City, New f Trade Center site in New York City, New York, as a national memorial, and for other MESSAGES FROM THE PRESIDENT York, as a national memorial, and for other purposes; to the Committee on Energy and purposes. Natural Resources. Messages from the President of the H.R. 3106. An act to amend title 38, United H.R. 3106. An act to amend title 38, United United States were communicated to States Code, to make certain improvements States Code, to make certain improvements the Senate by Mr. Pate, one of his sec- in the administration of Department medical in the administration of Department medical retaries. facility construction projects. facility construction projects; to the Com- f H.R. 3234. An act to amend title 38, United mittee on Veterans’ Affairs. States Code, to direct the Secretary of Vet- H.R. 3234. An act to amend title 38, United EXECUTIVE MESSAGES REFERRED erans Affairs to evaluate the ability of each States Code, to direct the Secretary of Vet- As in executive session the Presiding medical center of the Department to provide erans Affairs to evaluate the ability of each Officer laid before the Senate messages quality health care to veterans, to ensure medical center of the Department to provide that the Secretary improves such medical quality health care to veterans, to ensure from the President of the United centers that are underperforming, and for that the Secretary improves such medical States submitting a sundry nomination other purposes. centers that are underperforming, and for and treaties which were referred to the H.R. 3262. An act to provide for the convey- other purposes; to the Committee on Vet- appropriate committees. ance of land of the Illiana Health Care Sys- erans’ Affairs.

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00060 Fmt 0686 Sfmt 0634 E:\BR16\S10FE6.002 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1646 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 February 10, 2016 H.R. 3262. An act to provide for the convey- EC–4323. A communication from the Assist- EC–4331. A communication from the Direc- ance of land of the Illiana Health Care Sys- ant Director for Regulatory Affairs, Office of tor of the Regulatory Management Division, tem of the Department of Veterans Affairs in Foreign Assets Control, Department of the Environmental Protection Agency, transmit- Danville, Illinois; to the Committee on Vet- Treasury, transmitting, pursuant to law, the ting, pursuant to law, the report of a rule en- erans’ Affairs. report of a rule entitled ‘‘Cuban Assets Con- titled ‘‘Air Plan Approval; Minnesota; Inver H.R. 3894. An act to amend title 10, United trol Regulations’’ (31 CFR Part 515) received Hills SO2’’ (FRL No. 9941–53–Region 5) re- States Code, to require the prompt notifica- in the Office of the President of the Senate ceived in the Office of the President of the tion of State Child Protective Services by on February 8, 2016; to the Committee on Senate on January 28, 2016; to the Committee military and civilian personnel of the De- Banking, Housing, and Urban Affairs. on Environment and Public Works. partment of Defense required by law to re- EC–4324. A communication from the Sec- EC–4332. A communication from the Direc- port suspected instances of child abuse and retary of the Treasury, transmitting, pursu- tor of the Regulatory Management Division, neglect; to the Committee on Armed Serv- ant to law, a six-month periodic report on Environmental Protection Agency, transmit- ices. the national emergency with respect to Ven- ting, pursuant to law, the report of a rule en- H.R. 4056. An act to direct the Secretary of ezuela that was originally declared in Execu- titled ‘‘Air Plan Approval; KY; Emissions Veterans Affairs to convey to the Florida tive Order 13692 of March 8, 2015; to the Com- Statements for the 2008 8-Hour Ozone Department of Veterans Affairs all right, mittee on Banking, Housing, and Urban Af- NAAQS’’ (FRL No. 9941–64–Region 4) received title, and interest of the United States to the fairs. in the Office of the President of the Senate property known as ‘‘The Community Living EC–4325. A communication from the Assist- on January 28, 2016; to the Committee on En- Center’’ at the Lake Baldwin Veterans Af- ant General Counsel for Legislation, Regula- vironment and Public Works. fairs Outpatient Clinic, Orlando, Florida; to tion and Energy Efficiency, Office of Energy EC–4333. A communication from the Direc- the Committee on Veterans’ Affairs. Efficiency and Renewable Energy, Depart- tor of the Regulatory Management Division, H.R. 4437. An act to extend the deadline for ment of Energy, transmitting, pursuant to Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- the submittal of the final report required by law, the report of a rule entitled ‘‘Energy titled ‘‘Additions to List of Section 241.4 Cat- the Commission on Care; to the Committee Conservation Program: Energy Conservation egorical Non-Waste Fuels’’ ((RIN2050–AG74) on Veterans’ Affairs. Standards for Pumps’’ ((RIN1904–AC54) (FRL No. 9929–56–OLEM)) received in the Of- (Docket No. EERE–2012–BT–STD–0031)) re- f fice of the President of the Senate on Janu- ceived in the Office of the President of the ary 28, 2016; to the Committee on Environ- EXECUTIVE AND OTHER Senate on February 4, 2016; to the Com- COMMUNICATIONS ment and Public Works. mittee on Energy and Natural Resources. EC–4334. A communication from the Direc- The following communications were EC–4326. A communication from the Direc- tor of the Regulatory Management Division, tor of the Regulatory Management Division, laid before the Senate, together with Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- accompanying papers, reports, and doc- ting, pursuant to law, the report of a rule en- uments, and were referred as indicated: titled ‘‘Revisions to the California State Im- titled ‘‘Disapproval of California Air Plan plementation Plan, Santa Barbara County EC–4318. A communication from the Direc- Revisions, South Coast Air Quality Manage- Air Pollution Control District; Permit Pro- tor of the Regulatory Management Division, ment District’’ (FRL No. 9941–72–Region 9) gram’’ (FRL No. 9940–19–Region 9) received Environmental Protection Agency, transmit- received in the Office of the President of the during adjournment of the Senate in the Of- ting, pursuant to law, the report of a rule en- Senate on January 28, 2016; to the Committee fice of the President of the Senate on Feb- titled ‘‘Poly(oxy-1,2-ethanediyl), a-(3- on Environment and Public Works. ruary 5, 2016; to the Committee on Environ- carboxy-1-oxosulfopropyl)-w-hydroxy, alkyl EC–4327. A communication from the Direc- ment and Public Works. (C10-C16) ethers, disodium salts; Exemption tor of the Regulatory Management Division, EC–4335. A communication from the Direc- from the Requirement of a Tolerance’’ (FRL Environmental Protection Agency, transmit- tor of the Regulatory Management Division, No. 9941–15–OCSPP) received during adjourn- ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- ment of the Senate in the Office of the Presi- titled ‘‘Final Authorization of State-initi- ting, pursuant to law, the report of a rule en- dent of the Senate on February 5, 2016; to the ated Changes and Incorporation by Reference titled ‘‘Approval of California Air Plan Revi- Committee on Agriculture, Nutrition, and of Approved State Hazardous Waste Manage- sions, Yolo-Solano Air Quality Management Forestry. ment Program’’ (FRL No. 9940–27–Region 6) District’’ (FRL No. 9941–11–Region 9) re- EC–4319. A communication from the Con- received in the Office of the President of the ceived during adjournment of the Senate in gressional Review Coordinator , Animal and Senate on January 28, 2016; to the Committee the Office of the President of the Senate on Plant Health Inspection Service, Department on Environment and Public Works. February 5, 2016; to the Committee on Envi- of Agriculture, transmitting, pursuant to EC–4328. A communication from the Direc- ronment and Public Works. law, the report of a rule entitled ‘‘Importa- tor of the Regulatory Management Division, EC–4336. A communication from the Direc- tion of Orchids in Growing Media from Tai- Environmental Protection Agency, transmit- tor of the Regulatory Management Division, wan’’ ((RIN0579–AE01) (Docket No. APHIS– ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- 2014–0041)) received in the Office of the Presi- titled ‘‘Approval of Missouri’s Air Quality ting, pursuant to law, the report of a rule en- dent of the Senate on February 4, 2016; to the Implementation Plans; Americold Logistics, titled ‘‘Approval of Air Plan Revisions; Ari- Committee on Agriculture, Nutrition, and LLC 24-Hour Particulate Matter (PM10) Na- zona; Rescissions and Corrections’’ (FRL No. Forestry. tional Ambient Air Quality Standard 9942–03–Region 9) received during adjourn- EC–4320. A communication from the Assist- (NAAQS) Consent Judgment’’ (FRL No. 9941– ment of the Senate in the Office of the Presi- ant Director, Senior Executive Management 68–Region 7) received in the Office of the dent of the Senate on February 5, 2016; to the Office, Department of Defense, transmitting, President of the Senate on January 28, 2016; Committee on Environment and Public pursuant to law, a report relative to a va- to the Committee on Environment and Pub- Works. cancy in the position of General Counsel of lic Works. EC–4337. A communication from the Direc- the Department of the Army, received in the EC–4329. A communication from the Direc- tor of the Regulatory Management Division, Office of the President of the Senate on Feb- tor of the Regulatory Management Division, Environmental Protection Agency, transmit- ruary 4, 2016; to the Committee on Armed Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- Services. ting, pursuant to law, the report of a rule en- titled ‘‘Approval and Promulgation of Imple- EC–4321. A communication from the Sec- titled ‘‘Approval and Promulgation of State mentation Plans; California; San Joaquin retary of the Treasury, transmitting, pursu- Implementation Plan Revisions; Rules, Gen- Valley Unified Air Pollution Control Dis- ant to law, a six-month periodic report on eral Requirements and Test Methods; Utah’’ trict; Employer Based Trip Reduction Pro- the national emergency with respect to per- (FRL No. 9933–49–Region 8) received in the grams’’ (FRL No. 9941–16–Region 9) received sons undermining democratic processes or Office of the President of the Senate on Jan- during adjournment of the Senate in the Of- institutions in Zimbabwe that was declared uary 28, 2016; to the Committee on Environ- fice of the President of the Senate on Feb- in Executive Order 13288 of March 6, 2003; to ment and Public Works. ruary 5, 2016; to the Committee on Environ- the Committee on Banking, Housing, and EC–4330. A communication from the Direc- ment and Public Works. Urban Affairs. tor of the Regulatory Management Division, EC–4338. A communication from the Dep- EC–4322. A communication from the Sec- Environmental Protection Agency, transmit- uty Director, Administration for Aging, De- retary of the Treasury, transmitting, pursu- ting, pursuant to law, the report of a rule en- partment of Health and Human Services, ant to law, a six-month periodic report on titled ‘‘Approval and Promulgation of Imple- transmitting, pursuant to law, the report of the national emergency with respect to mentation Plans; Louisiana’’ (FRL No. 9941– a rule entitled ‘‘State Health Insurance As- Ukraine that was originally declared in Ex- 51–Region 6) received in the Office of the sistance Program (SHIP)’’ (RIN0985–AA11) ecutive Order 13660 of March 6, 2014; to the President of the Senate on January 28, 2016; received in the Office of the President of the Committee on Banking, Housing, and Urban to the Committee on Environment and Pub- Senate on February 4, 2016; to the Com- Affairs. lic Works. mittee on Finance.

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00061 Fmt 0686 Sfmt 0634 E:\BR16\S10FE6.002 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 1647 EC–4339. A communication from the Chief EC–4349. A communication from the Dep- Aviation Administration, Department of of the Publications and Regulations Branch, uty Director, Directorate of Cooperative and Transportation, transmitting, pursuant to Internal Revenue Service, Department of the State Programs, Occupational Safety and law, the report of a rule entitled ‘‘Airworthi- Treasury, transmitting, pursuant to law, the Health Administration, transmitting, pursu- ness Directives; Airbus Airplanes’’ ((RIN2120– report of a rule entitled ‘‘Health Insurance ant to law, the report of a rule entitled AA64) (Docket No. FAA–2015–8433)) received Providers Fee; Procedural and Administra- ‘‘Maine State Plan for State and Local Gov- in the Office of the President of the Senate tive Guidance’’ (Notice 2016–14) received dur- ernment Employers’’ (RIN1218–AB97) re- on February 8, 2016; to the Committee on ing adjournment of the Senate in the Office ceived in the Office of the President of the Commerce, Science, and Transportation. of the President of the Senate on February 5, Senate on February 8, 2016; to the Com- EC–4357. A communication from the Man- 2016; to the Committee on Finance. mittee on Health, Education, Labor, and agement and Program Analyst, Federal EC–4340. A communication from the Chief Pensions. Aviation Administration, Department of of the Publications and Regulations Branch, EC–4350. A communication from the Dep- Transportation, transmitting, pursuant to Internal Revenue Service, Department of the uty Assistant Administrator of the Office of law, the report of a rule entitled ‘‘Airworthi- Treasury, transmitting, pursuant to law, the Diversion Control, Drug Enforcement Agen- ness Directives; Airbus Airplanes’’ ((RIN2120– report of a rule entitled ‘‘Revenue Procedure cy, Department of Justice, transmitting, AA64) (Docket No. FAA–2015–1275)) received 2016–10’’ (Rev. Proc. 2016–10) received during pursuant to law, the report of a rule entitled in the Office of the President of the Senate adjournment of the Senate in the Office of ‘‘Schedules of Controlled Substances: Exten- on February 8, 2016; to the Committee on the President of the Senate on February 5, sion of Temporary Placement of PB–22, 5F– Commerce, Science, and Transportation. 2016; to the Committee on Finance. PB–22, AB–FUBINACA and ADB–PINACA in EC–4358. A communication from the Man- EC–4341. A communication from the Chief Schedule I of the Controlled Substances Act’’ agement and Program Analyst, Federal of the Publications and Regulations Branch, (Docket No. DEA–385E) received during ad- Aviation Administration, Department of Internal Revenue Service, Department of the journment of the Senate in the Office of the Transportation, transmitting, pursuant to Treasury, transmitting, pursuant to law, the President of the Senate on February 5, 2016; law, the report of a rule entitled ‘‘Airworthi- report of a rule entitled ‘‘Permitted Dis- to the Committee on the Judiciary. ness Directives; Airbus Airplanes’’ ((RIN2120– EC–4351. A communication from the Dep- parity in Employer-Provided Contributions AA64) (Docket No. FAA–2015–0678)) received uty Assistant Administrator of the Office of or Benefits’’ (Rev. Rul. 2016–05) received dur- in the Office of the President of the Senate Diversion Control, Drug Enforcement Agen- ing adjournment of the Senate in the Office on February 8, 2016; to the Committee on cy, Department of Justice, transmitting, of the President of the Senate on February 5, Commerce, Science, and Transportation. pursuant to law, the report of a rule entitled 2016; to the Committee on Finance. EC–4359. A communication from the Man- ‘‘Schedules of Controlled Substances: Tem- EC–4342. A communication from the Chief agement and Program Analyst, Federal porary Placement of the Synthetic of the Publications and Regulations Branch, Aviation Administration, Department of Cannabinoid MAB–CHMINACA into Schedule Internal Revenue Service, Department of the Transportation, transmitting, pursuant to I’’ (Docket No. DEA–421F) received during Treasury, transmitting, pursuant to law, the law, the report of a rule entitled ‘‘Airworthi- adjournment of the Senate in the Office of report of a rule entitled ‘‘Allocation of Cred- ness Directives; Airbus Airplanes’’ ((RIN2120– the President of the Senate on February 5, itable Foreign Taxes’’ ((RIN1545–BM57) (TD AA64) (Docket No. FAA–2015–1427)) received 9748)) received during adjournment of the 2016; to the Committee on the Judiciary. EC–4352. A communication from the Dep- in the Office of the President of the Senate Senate in the Office of the President of the on February 8, 2016; to the Committee on Senate on February 5, 2016; to the Com- uty Assistant Administrator of the Office of Diversion Control, Drug Enforcement Agen- Commerce, Science, and Transportation. mittee on Finance. EC–4360. A communication from the Man- EC–4343. A communication from the Assist- cy, Department of Justice, transmitting, agement and Program Analyst, Federal ant Secretary for Legislation, Department of pursuant to law, the report of a rule entitled Aviation Administration, Department of Health and Human Services, transmitting, ‘‘Schedules of Controlled Substances: Table Transportation, transmitting, pursuant to pursuant to law, a report entitled ‘‘Medicare of Excluded Nonnarcotic Products: Nasal De- law, the report of a rule entitled ‘‘Airworthi- National Coverage Determinations for Fiscal congestant Inhaler/Vapor Inhaler’’ (Docket ness Directives; Airbus Airplanes’’ ((RIN2120– Year 2015’’; to the Committee on Finance. No. DEA–409) received during adjournment of EC–4344. A communication from the Assist- the Senate in the Office of the President of AA64) (Docket No. FAA–2015–1991)) received ant Secretary, Legislative Affairs, Depart- the Senate on February 5, 2016; to the Com- in the Office of the President of the Senate ment of State, transmitting, pursuant to mittee on the Judiciary. on February 8, 2016; to the Committee on law, a report relative to section 36(c) of the EC–4353. A communication from the Dep- Commerce, Science, and Transportation. Arms Export Control Act (DDTC 15–122); to uty Assistant Administrator of the Office of EC–4361. A communication from the Man- the Committee on Foreign Relations. Diversion Control, Drug Enforcement Agen- agement and Program Analyst, Federal EC–4345. A communication from the Assist- cy, Department of Justice, transmitting, Aviation Administration, Department of ant Secretary, Legislative Affairs, Depart- pursuant to law, the report of a rule entitled Transportation, transmitting, pursuant to ment of State, transmitting, pursuant to ‘‘Schedules of Controlled Substances: Table law, the report of a rule entitled ‘‘Airworthi- law, a report relative to the interdiction of of Excluded Products: Vicks VapoInhaler’’ ness Directives; Airbus Airplanes’’ ((RIN2120– aircraft engaged in illicit drug trafficking; ((RIN1117–AB39) (Docket No. DEA–367)) re- AA64) (Docket No. FAA–2015–0824)) received to the Committee on Foreign Relations. ceived during adjournment of the Senate in in the Office of the President of the Senate EC–4346. A communication from the Assist- the Office of the President of the Senate on on February 8, 2016; to the Committee on ant Secretary, Legislative Affairs, Depart- February 5, 2016; to the Committee on the Commerce, Science, and Transportation. ment of State, transmitting, pursuant to Judiciary. EC–4362. A communication from the Man- law, a report relative to section 36(c) and EC–4354. A communication from the Chief agement and Program Analyst, Federal 36(d) of the Arms Export Control Act (DDTC of the Border Security Regulations Branch, Aviation Administration, Department of 15–050); to the Committee on Foreign Rela- Customs and Border Protection, Department Transportation, transmitting, pursuant to tions. of Homeland Security, transmitting, pursu- law, the report of a rule entitled ‘‘Airworthi- EC–4347. A communication from the Assist- ant to law, the report of a rule entitled ness Directives; Airbus Airplanes’’ ((RIN2120– ant Legal Adviser for Treaty Affairs, Depart- ‘‘Elimination of Nonimmigrant Visa Exemp- AA64) (Docket No. FAA–2014–1045)) received ment of State, transmitting, pursuant to the tion for Certain Caribbean Residents Coming in the Office of the President of the Senate Case-Zablocki Act, 1 U.S.C. 112b, as amended, to the United States as H–2A Agricultural on February 8, 2016; to the Committee on the report of the texts and background state- Workers’’ ((RIN1651–AB09) (CBP Dec. 16–03)) Commerce, Science, and Transportation. ments of international agreements, other received during adjournment of the Senate EC–4363. A communication from the Man- than treaties (List 2016–0012—2016–0021); to in the Office of the President of the Senate agement and Program Analyst, Federal the Committee on Foreign Relations. on February 5, 2016; to the Committee on the Aviation Administration, Department of EC–4348. A communication from the Direc- Judiciary. Transportation, transmitting, pursuant to tor of Regulations and Policy Management EC–4355. A communication from the Sec- law, the report of a rule entitled ‘‘Airworthi- Staff, Food and Drug Administration, De- retary of the Commission, Bureau of Com- ness Directives; Airbus Airplanes’’ ((RIN2120– partment of Health and Human Services, petition, Federal Trade Commission, trans- AA64) (Docket No. FAA–2015–1429)) received transmitting, pursuant to law, the report of mitting, pursuant to law, the report of a rule in the Office of the President of the Senate a rule entitled ‘‘Center for Food Safety and entitled ‘‘Revised Jurisdictional Thresholds on February 8, 2016; to the Committee on Applied Nutrition Library Address; Tech- for Section 7A of the Clayton Act’’ (FR Doc. Commerce, Science, and Transportation. nical Amendments’’ (Docket No. FDA–2015– 2016–01451) received during adjournment of EC–4364. A communication from the Man- N–0011) received during adjournment of the the Senate in the Office of the President of agement and Program Analyst, Federal Senate in the Office of the President of the the Senate on February 5, 2016; to the Com- Aviation Administration, Department of Senate on February 5, 2016; to the Com- mittee on the Judiciary. Transportation, transmitting, pursuant to mittee on Health, Education, Labor, and EC–4356. A communication from the Man- law, the report of a rule entitled ‘‘Airworthi- Pensions. agement and Program Analyst, Federal ness Directives; Airbus Airplanes’’ ((RIN2120–

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00062 Fmt 0686 Sfmt 0634 E:\BR16\S10FE6.002 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1648 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 February 10, 2016 AA64) (Docket No. FAA–2015–0937)) received ness Directives; Bombardier, Inc. Airplanes’’ Aviation Administration, Department of in the Office of the President of the Senate ((RIN2120–AA64) (Docket No. FAA–2015–3140)) Transportation, transmitting, pursuant to on February 8, 2016; to the Committee on received in the Office of the President of the law, the report of a rule entitled ‘‘Airworthi- Commerce, Science, and Transportation. Senate on February 8, 2016; to the Com- ness Directives; Agusta S.p.A. Helicopters’’ EC–4365. A communication from the Man- mittee on Commerce, Science, and Transpor- ((RIN2120–AA64) (Docket No. FAA–2015–1935)) agement and Program Analyst, Federal tation. received in the Office of the President of the Aviation Administration, Department of EC–4373. A communication from the Man- Senate on February 8, 2016; to the Com- Transportation, transmitting, pursuant to agement and Program Analyst, Federal mittee on Commerce, Science, and Transpor- law, the report of a rule entitled ‘‘Airworthi- Aviation Administration, Department of tation. ness Directives; Airbus Airplanes’’ ((RIN2120– Transportation, transmitting, pursuant to EC–4381. A communication from the Man- AA64) (Docket No. FAA–2015–1981)) received law, the report of a rule entitled ‘‘Airworthi- agement and Program Analyst, Federal in the Office of the President of the Senate ness Directives; Bombardier, Inc. Airplanes’’ Aviation Administration, Department of on February 8, 2016; to the Committee on ((RIN2120–AA64) (Docket No. FAA–2015–0081)) Transportation, transmitting, pursuant to Commerce, Science, and Transportation. received in the Office of the President of the law, the report of a rule entitled ‘‘Airworthi- EC–4366. A communication from the Man- Senate on February 8, 2016; to the Com- ness Directives; Agusta S.p.A. Helicopters’’ agement and Program Analyst, Federal mittee on Commerce, Science, and Transpor- ((RIN2120–AA64) (Docket No. FAA–2015–8695)) Aviation Administration, Department of tation. received in the Office of the President of the Transportation, transmitting, pursuant to EC–4374. A communication from the Man- Senate on February 8, 2016; to the Com- law, the report of a rule entitled ‘‘Airworthi- agement and Program Analyst, Federal mittee on Commerce, Science, and Transpor- ness Directives; Airbus Airplanes’’ ((RIN2120– Aviation Administration, Department of tation. AA64) (Docket No. FAA–2015–1422)) received Transportation, transmitting, pursuant to EC–4382. A communication from the Man- in the Office of the President of the Senate law, the report of a rule entitled ‘‘Airworthi- agement and Program Analyst, Federal on February 8, 2016; to the Committee on ness Directives; Bombardier, Inc. Airplanes’’ Aviation Administration, Department of Commerce, Science, and Transportation. ((RIN2120–AA64) (Docket No. FAA–2014–0447)) Transportation, transmitting, pursuant to EC–4367. A communication from the Man- received in the Office of the President of the law, the report of a rule entitled ‘‘Airworthi- agement and Program Analyst, Federal Senate on February 8, 2016; to the Com- ness Directives; Airbus Helicopters’’ Aviation Administration, Department of mittee on Commerce, Science, and Transpor- ((RIN2120–AA64) (Docket No. FAA–2014–0577)) Transportation, transmitting, pursuant to tation. received in the Office of the President of the EC–4375. A communication from the Man- law, the report of a rule entitled ‘‘Airworthi- Senate on February 8, 2016; to the Com- agement and Program Analyst, Federal ness Directives; The Boeing Company Air- mittee on Commerce, Science, and Transpor- Aviation Administration, Department of planes’’ ((RIN2120–AA64) (Docket No. FAA– tation. Transportation, transmitting, pursuant to 2015–1984)) received in the Office of the Presi- EC–4383. A communication from the Man- law, the report of a rule entitled ‘‘Airworthi- dent of the Senate on February 8, 2016; to the agement and Program Specialist, Federal ness Directives; Bombardier, Inc. Airplanes’’ Committee on Commerce, Science, and Aviation Administration, Department of ((RIN2120–AA64) (Docket No. FAA–2014–1049)) Transportation. Transportation, transmitting, pursuant to received in the Office of the President of the EC–4368. A communication from the Man- law, the report of a rule entitled ‘‘Airworthi- Senate on February 8, 2016; to the Com- agement and Program Analyst, Federal ness Directives; Airbus Helicopters Deutsch- mittee on Commerce, Science, and Transpor- Aviation Administration, Department of land GmbH (formerly Eurocopter Deutsch- tation. Transportation, transmitting, pursuant to EC–4376. A communication from the Man- land GmbH) Helicopters’’ ((RIN2120–AA64) law, the report of a rule entitled ‘‘Airworthi- agement and Program Analyst, Federal (Docket No. FAA–2015–0669)) received in the ness Directives; The Boeing Company Air- Aviation Administration, Department of Office of the President of the Senate on Feb- planes’’ ((RIN2120–AA64) (Docket No. FAA– Transportation, transmitting, pursuant to ruary 8, 2016; to the Committee on Com- 2015–1990)) received in the Office of the Presi- law, the report of a rule entitled ‘‘Airworthi- merce, Science, and Transportation. dent of the Senate on February 8, 2016; to the ness Directives; Dassault Aviation Air- EC–4384. A communication from the Para- Committee on Commerce, Science, and planes’’ ((RIN2120–AA64) (Docket No. FAA– legal Specialist, Federal Aviation Adminis- Transportation. 2015–2967)) received during adjournment of tration, Department of Transportation, EC–4369. A communication from the Man- the Senate in the Office of the President of transmitting, pursuant to law, the report of agement and Program Analyst, Federal the Senate on February 8, 2016; to the Com- a rule entitled ‘‘Airworthiness Directives; Aviation Administration, Department of mittee on Commerce, Science, and Transpor- MD Helicopters, Inc.’’ ((RIN2120–AA64) Transportation, transmitting, pursuant to tation. (Docket No. FAA–2015–1998)) received in the law, the report of a rule entitled ‘‘Airworthi- EC–4377. A communication from the Man- Office of the President of the Senate on Feb- ness Directives; The Boeing Company Air- agement and Program Analyst, Federal ruary 8, 2016; to the Committee on Com- planes’’ ((RIN2120–AA64) (Docket No. FAA– Aviation Administration, Department of merce, Science, and Transportation. 2015–1281)) received in the Office of the Presi- Transportation, transmitting, pursuant to EC–4385. A communication from the Man- dent of the Senate on February 8, 2016; to the law, the report of a rule entitled ‘‘Airworthi- agement and Program Analyst, Federal Committee on Commerce, Science, and ness Directives; Bell Helicopter Textron Can- Aviation Administration, Department of Transportation. ada Limited’’ ((RIN2120–AA64) (Docket No. Transportation, transmitting, pursuant to EC–4370. A communication from the Man- FAA–2016–2068)) received in the Office of the law, the report of a rule entitled ‘‘Airworthi- agement and Program Analyst, Federal President of the Senate on February 8, 2016; ness Directives; General Electric Company Aviation Administration, Department of to the Committee on Commerce, Science, Turbofan Engines’’ ((RIN2120–AA64) (Docket Transportation, transmitting, pursuant to and Transportation. No. FAA–2015–6823)) received in the Office of law, the report of a rule entitled ‘‘Airworthi- EC–4378. A communication from the Para- the President of the Senate on February 8, ness Directives; The Boeing Company Air- legal Specialist, Federal Aviation Adminis- 2016; to the Committee on Commerce, planes’’ ((RIN2120–AA64) (Docket No. FAA– tration, Department of Transportation, Science, and Transportation. 2015–1990)) received in the Office of the Presi- transmitting, pursuant to law, the report of EC–4386. A communication from the Man- dent of the Senate on February 8, 2016; to the a rule entitled ‘‘Airworthiness Directives; agement and Program Analyst, Federal Committee on Commerce, Science, and Fokker Services B.V. Airplanes’’ ((RIN2120– Aviation Administration, Department of Transportation. AA64) (Docket No. FAA–2015–1982)) received Transportation, transmitting, pursuant to EC–4371. A communication from the Man- in the Office of the President of the Senate law, the report of a rule entitled ‘‘Standard agement and Program Analyst, Federal on February 8, 2016; to the Committee on Instrument Approach Procedures, and Take- Aviation Administration, Department of Commerce, Science, and Transportation. off Minimums and Obstacle Departure Proce- Transportation, transmitting, pursuant to EC–4379. A communication from the Man- dures; Miscellaneous Amendments (56); law, the report of a rule entitled ‘‘Airworthi- agement and Program Analyst, Federal Amdt. No. 3676’’ (RIN2120–AA65) received in ness Directives; Bombardier, Inc. Airplanes’’ Aviation Administration, Department of the Office of the President of the Senate on ((RIN2120–AA64) (Docket No. FAA–2015–1987)) Transportation, transmitting, pursuant to February 8, 2016; to the Committee on Com- received in the Office of the President of the law, the report of a rule entitled ‘‘Airworthi- merce, Science, and Transportation. Senate on February 8, 2016; to the Com- ness Directives; Piper Aircraft, Inc.’’ EC–4387. A communication from the Man- mittee on Commerce, Science, and Transpor- ((RIN2120–AA64) (Docket No. FAA–2015–4213)) agement and Program Analyst, Federal tation. received in the Office of the President of the Aviation Administration, Department of EC–4372. A communication from the Man- Senate on February 8, 2016; to the Com- Transportation, transmitting, pursuant to agement and Program Analyst, Federal mittee on Commerce, Science, and Transpor- law, the report of a rule entitled ‘‘Standard Aviation Administration, Department of tation. Instrument Approach Procedures, and Take- Transportation, transmitting, pursuant to EC–4380. A communication from the Man- off Minimums and Obstacle Departure Proce- law, the report of a rule entitled ‘‘Airworthi- agement and Program Analyst, Federal dures; Miscellaneous Amendments (131);

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00063 Fmt 0686 Sfmt 0634 E:\BR16\S10FE6.002 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 1649 Amdt. No. 3675’’ (RIN2120–AA65) received in mittee on Commerce, Science, and Transpor- lantic Highly Migratory Species; Atlantic the Office of the President of the Senate on tation. Bluefin Tuna Fisheries’’ (RIN0648–XE346) re- February 8, 2016; to the Committee on Com- EC–4395. A communication from the Man- ceived in the Office of the President of the merce, Science, and Transportation. agement and Program Analyst, Federal Senate on February 8, 2016; to the Com- EC–4388. A communication from the Man- Aviation Administration, Department of mittee on Commerce, Science, and Transpor- agement and Program Analyst, Federal Transportation, transmitting, pursuant to tation. Aviation Administration, Department of law, the report of a rule entitled ‘‘Amend- EC–4403. A communication from the Assist- Transportation, transmitting, pursuant to ment of Class E Airspace; Boise, ID’’ ant Administrator for Fisheries, National law, the report of a rule entitled ‘‘Standard ((RIN2120–AA66) (Docket No. FAA–2015–3674)) Oceanic and Atmospheric Administration, Instrument Approach Procedures, and Take- received in the Office of the President of the Department of Commerce, transmitting, pur- off Minimums and Obstacle Departure Proce- Senate on February 8, 2016; to the Com- suant to law, the report of a rule entitled dures; Miscellaneous Amendments (49); mittee on Commerce, Science, and Transpor- ‘‘Endangered and Threatened Wildlife and Amdt. No. 3673’’ (RIN2120–AA65) received in tation. Plants; Critical Habitat for Endangered the Office of the President of the Senate on EC–4396. A communication from the Man- North Atlantic Right Whale’’ (RIN0648–AY54) February 8, 2016; to the Committee on Com- agement and Program Analyst, Federal received during adjournment of the Senate in the Office of the President of the Senate merce, Science, and Transportation. Aviation Administration, Department of on February 5, 2016; to the Committee on EC–4389. A communication from the Man- Transportation, transmitting, pursuant to Commerce, Science, and Transportation. agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Revoca- EC–4404. A communication from the Dep- Aviation Administration, Department of tion and Establishment of Class E Airspace; uty Assistant Administrator for Regulatory Transportation, transmitting, pursuant to Bowman, ND’’ ((RIN2120–AA66) (Docket No. Programs, Office of Sustainable Fisheries, law, the report of a rule entitled ‘‘Standard FAA–2015–1834)) received in the Office of the Department of Commerce, transmitting, pur- Instrument Approach Procedures, and Take- President of the Senate on February 8, 2016; suant to law, the report of a rule entitled off Minimums and Obstacle Departure Proce- to the Committee on Commerce, Science, ‘‘Endangered and Threatened Wildlife and dures; Miscellaneous Amendments (15); and Transportation. Plants; Final Listing Determinations on Amdt. No. 3674’’ (RIN2120–AA65) received in EC–4397. A communication from the Man- Proposal to List the Banggai Cardinalfish the Office of the President of the Senate on agement and Program Analyst, Federal and Harrisson’s Dogfish Under the Endan- February 8, 2016; to the Committee on Com- Aviation Administration, Department of gered Species Act’’ (RIN0648–XE328) received merce, Science, and Transportation. Transportation, transmitting, pursuant to in the Office of the President of the Senate EC–4390. A communication from the Man- law, the report of a rule entitled ‘‘Amend- on February 8, 2016; to the Committee on agement and Program Analyst, Federal ment of Class D and Class E Airspace, Rev- Commerce, Science, and Transportation. Aviation Administration, Department of ocation of Class E Airspace; Chico, CA’’ f Transportation, transmitting, pursuant to ((RIN2120–AA66) (Docket No. FAA–2015–3899)) law, the report of a rule entitled ‘‘Standard received in the Office of the President of the PETITIONS AND MEMORIALS Instrument Approach Procedures, and Take- Senate on February 8, 2016; to the Com- The following petitions and memo- off Minimums and Obstacle Departure Proce- mittee on Commerce, Science, and Transpor- dures; Miscellaneous Amendments (124); tation. rials were laid before the Senate and Amdt. No. 3677’’ (RIN2120–AA65) received in EC–4398. A communication from the Man- were referred or ordered to lie on the the Office of the President of the Senate on agement and Program Analyst, Federal table as indicated: February 8, 2016; to the Committee on Com- Aviation Administration, Department of POM–129. A concurrent resolution adopted merce, Science, and Transportation. Transportation, transmitting, pursuant to by the General Assembly of the State of Ohio EC–4391. A communication from the Man- law, the report of a rule entitled ‘‘Amend- urging the Centers for Disease Control and agement and Program Analyst, Federal ment of Class D Airspace; Denver, CO’’ Prevention to take action to improve pre- Aviation Administration, Department of ((RIN2120–AA66) (Docket No. FAA–2015–6753)) vention, diagnosis, and treatment of Lyme Transportation, transmitting, pursuant to received in the Office of the President of the disease; to the Committee on Health, Edu- law, the report of a rule entitled ‘‘Standard Senate on February 8, 2016; to the Com- cation, Labor, and Pensions. Instrument Approach Procedures, and Take- mittee on Commerce, Science, and Transpor- HOUSE CONCURRENT RESOLUTION NUMBER 51 off Minimums and Obstacle Departure Proce- tation. Whereas, Lyme disease is the most com- dures; Miscellaneous Amendments (19); EC–4399. A communication from the Man- mon tick-borne illness in the United States, Amdt. No. 3678’’ (RIN2120–AA65) received in agement and Program Analyst, Federal with the Centers for Disease Control and the Office of the President of the Senate on Aviation Administration, Department of Prevention (CDC) estimating that 300,000 February 8, 2016; to the Committee on Com- Transportation, transmitting, pursuant to Americans are diagnosed with the disease merce, Science, and Transportation. law, the report of a rule entitled ‘‘Modifica- each year; and EC–4392. A communication from the Man- tion of VOR Federal Airway V–443; North Whereas, Many cases of Lyme disease are agement and Program Analyst, Federal Central United States’’ ((RIN2120–AA66) never reported to the CDC, as only approxi- Aviation Administration, Department of (Docket No. FAA–2015–7611)) received in the mately 30,000 of the estimated 300,000 cases of Transportation, transmitting, pursuant to Office of the President of the Senate on Feb- Lyme disease are reported to the CDC by law, the report of a rule entitled ‘‘Airworthi- ruary 8, 2016; to the Committee on Com- state health departments each year; and ness Directives; Agusta S.p.A. Helicopters’’ merce, Science, and Transportation. Whereas, Lyme disease can cause dev- ((RIN2120–AA64) (Docket No. FAA–2016–2069)) EC–4400. A communication from the Man- astating health consequences if left un- received in the Office of the President of the agement and Program Analyst, Federal treated, such as severe pain, heart palpita- Senate on February 8, 2016; to the Com- Aviation Administration, Department of tions, and chronic neurological damage; and mittee on Commerce, Science, and Transpor- Transportation, transmitting, pursuant to Whereas, Diagnosis of Lyme disease is dif- tation. law, the report of a rule entitled ‘‘Amend- ficult because there is no general consensus EC–4393. A communication from the Man- ment of United States Area Navigation on the definition of its symptoms and the agement and Program Analyst, Federal (RNAV) Route Q–35, Western United States’’ symptoms are similar to those of other con- Aviation Administration, Department of ((RIN2120–AA66) (Docket No. FAA–2013–6001)) ditions, leading to misdiagnoses. Further- Transportation, transmitting, pursuant to received in the Office of the President of the more, current Lyme disease testing methods law, the report of a rule entitled ‘‘Amend- Senate on February 8, 2016; to the Com- often lead to inaccurate results; and Whereas, There remains much debate in ment of Class E Airspace for the following mittee on Commerce, Science, and Transpor- the medical community concerning the prop- New York Towns; Elmira, NY; Ithaca, NY; tation. er courses of action for diagnosing and for Poughkeepsie, NY’’ ((RIN2120–AA66) (Docket EC–4401. A communication from the Direc- treating Lyme disease; and No. FAA–2015–4514)) received in the Office of tor, National Marine Fisheries Service, De- Whereas, Greater knowledge of Lyme dis- the President of the Senate on February 8, partment of Commerce, transmitting, pursu- ease and its causes will put the general pub- 2016; to the Committee on Commerce, ant to law, the report of a rule entitled ‘‘At- lic in a better position to avoid contracting Science, and Transportation. lantic Highly Migratory Species; North At- the disease: Now, therefore, be it EC–4394. A communication from the Man- lantic Swordfish Fishery’’ (RIN0648–XE295) Resolved, That we, the members of the 131st agement and Program Analyst, Federal received during adjournment of the Senate General Assembly of the State of Ohio, in Aviation Administration, Department of in the Office of the President of the Senate adopting this resolution, urge the CDC to Transportation, transmitting, pursuant to on February 5, 2016; to the Committee on take the following actions: law, the report of a rule entitled ‘‘Amend- Commerce, Science, and Transportation. (1) Update definitions of Lyme disease ment of Class E Airspace; El Paso TX’’ EC–4402. A communication from the Direc- symptoms by clinical diagnosis; ((RIN2120–AA66) (Docket No. FAA–2014–1074)) tor, National Marine Fisheries Service, De- (2) Reconsider standards and best practices received in the Office of the President of the partment of Commerce, transmitting, pursu- for diagnosing and for treating Lyme dis- Senate on February 8, 2016; to the Com- ant to law, the report of a rule entitled ‘‘At- ease;

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00064 Fmt 0686 Sfmt 0634 E:\BR16\S10FE6.002 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1650 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 February 10, 2016 (3) Provide more resources for health care Resolved, That copies of this resolution be teries and cells, and for other purposes; to professionals and the general public to learn transmitted to the President of the United the Committee on Commerce, Science, and about Lyme disease to aid in prevention, di- States Senate, the Speaker of the United Transportation. agnosis, and treatment of the disease; States House of Representatives, the mem- By Mr. SULLIVAN (for himself, Ms. (4) Improve the techniques that state and bers of the Michigan congressional delega- CANTWELL, and Ms. MURKOWSKI): local public health agencies use to report tion, and the United States Secretary of Vet- S. 2529. A bill to amend the Richard B. Rus- cases of Lyme disease diagnoses so that erans Affairs. sell National School Lunch Act to require fewer cases go unreported and the CDC can that the Buy American purchase require- better monitor the incidence of the disease POM–131. A petition by a citizen from the ment for the school lunch program include across the nation; State of Texas urging the United States Con- fish harvested within United States waters, (5) Provide the means for improved labora- gress to propose, for ratification by special and for other purposes; to the Committee on tory testing or funding for improved labora- conventions held within the individual Agriculture, Nutrition, and Forestry. tory testing to enhance early detection of states, an amendment to the United States By Ms. MURKOWSKI: Lyme disease in humans; and be it further Constitution which would establish a proce- S. 2530. A bill to amend the Internal Rev- Resolved, That the Clerk of the House of dure by which members of the United States enue Code of 1986 to modify the exemption Representatives transmit duly authenticated Senate and of the United States House of for certain aircraft from the excise taxes on copies of this resolution to the President of Representatives may be involuntarily re- transportation by air; to the Committee on the United States, to the United States Sec- moved from office by means of a recall elec- Finance. retary of Health and Human Services, to the tion; to the Committee on the Judiciary. By Mr. KIRK (for himself and Mr. Director of the Centers for Disease Control f MANCHIN): and Prevention, to the Speaker and Clerk of S. 2531. A bill to authorize State and local the United States House of Representatives, REPORTS OF COMMITTEES governments to divest from entities that en- to the President Pro Tempore and Secretary The following reports of committees gage in commerce-related or investment-re- of the United States Senate, to the members were submitted: lated boycott, divestment, or sanctions ac- of the Ohio Congressional delegation, and to tivities targeting Israel, and for other pur- the news media of Ohio. By Mr. CORKER, from the Committee on poses; to the Committee on Banking, Hous- Foreign Relations, with an amendment in ing, and Urban Affairs. POM–130. A concurrent resolution adopted the nature of a substitute and an amendment By Mr. CARDIN: by the Legislature of the State of Michigan to the title and with an amended preamble: S. 2532. A bill to authorize appropriations S. Res. 99. A resolution calling on the Gov- urging the United States Department of Vet- for the Drinking Water State Revolving ernment of Iran to fulfill its promises of as- erans Affairs and the United States Congress Fund and the Clean Water State Revolving sistance in the case of Robert Levinson, the to create a pilot program in Michigan insti- Fund; to the Committee on Environment and longest held United States civilian in our tuting a flexible Veterans Choice Card sys- Public Works. Nation’s history. tem structured similar to a traditional By Mrs. FEINSTEIN: By Mr. CORKER, from the Committee on health care program for all veterans in S. 2533. A bill to provide short-term water Foreign Relations, without amendment and Michigan; to the Committee on Veterans’ Af- supplies to drought-stricken California and fairs. with a preamble: S. Res. 330. A resolution congratulating the provide for long-term investments in HOUSE CONCURRENT RESOLUTION NO. 7 Tunisian National Dialogue Quartet for win- drought resiliency throughout the Western Whereas, The men and women who serve ning the 2015 Nobel Peace Prize. United States; to the Committee on Energy our country deserve our utmost respect and By Mr. CORKER, from the Committee on and Natural Resources. appreciation. Many of them are injured in Foreign Relations, with amendments and By Mr. TOOMEY: the line of duty and come home to face chal- with a preamble: S. 2534. A bill to amend the National Child lenging physical disabilities and other S. Res. 361. A resolution urging robust Protection Act of 1993 to establish a perma- health issues. All veterans are entitled to funding for humanitarian relief for Syria. nent background check system for private security officers; to the Committee on the the best health care we can give them; and f Whereas, According to the U.S. Govern- Judiciary. ment Accountability Office, several vari- EXECUTIVE REPORT OF By Mr. BROWN (for himself and Mr. ables affect a veteran’s ability to access VA COMMITTEE PORTMAN): health care. Veterans may have difficulty S. 2535. A bill to provide deadlines for cor- travelling to a distant facility for care or be The following executive report of a rosion control treatment steps for lead and unable to secure an appointment in an ac- nomination was submitted: copper in drinking water, and other pur- ceptable period of time to deal quickly with By Mr. JOHNSON for the Committee on poses; to the Committee on Environment and a medical issue; and Homeland Security and Governmental Af- Public Works. Whereas, To provide a more flexible VA fairs. By Mr. SCHATZ (for himself and Mr. health care system, Congress enacted the *Beth F. Cobert, of California, to be Direc- MORAN): Veterans Access, Choice, and Accountability tor of the Office of Personnel Management S. 2536. A bill to require the Administrator Act of 2014, allowing for care outside of the for a term of four years. of the Federal Aviation Administration to traditional VA system. Under the act, the *Nomination was reported with rec- issue a notice of proposed rulemaking re- new Choice Program will provide many vet- ommendation that it be confirmed sub- garding the inclusion in aircraft medical kits of medications and equipment to meet erans with VA compensated health care at a ject to the nominee’s commitment to non-VA center, providing more timely ap- the emergency medical needs of children; to pointments, less bureaucratic red tape, and respond to requests to appear and tes- the Committee on Commerce, Science, and easier travel; and tify before any duly constituted com- Transportation. Whereas, As currently structured, the mittee of the Senate. By Mr. CRUZ: Choice Program limits non-VA health care f S. 2537. A bill to amend the Anti-Terrorism to veterans residing more than 40 miles from Act of 1987 with respect to certain prohibi- a VA health facility. The law does not dif- INTRODUCTION OF BILLS AND tions regarding the Palestine Liberation Or- ferentiate between types of VA health care JOINT RESOLUTIONS ganization under that Act; to the Committee facilities. Therefore, a veteran living near a The following bills and joint resolu- on Foreign Relations. By Mr. CRUZ (for himself and Mr. SES- small VA clinic but needing specialty cardi- tions were introduced, read the first ology care at a VA facility 100 miles away SIONS): will not be allowed to access private cardi- and second times by unanimous con- S. 2538. A bill to provide resources and in- ology care. Also, the program requires that sent, and referred as indicated: centives for the enforcement of immigration every appointment for care be cleared by a By Mr. TESTER (for himself and Mr. laws in the interior of the United States and program manager: Now, therefore, be it SULLIVAN): for other purposes; to the Committee on the Resolved by the House of Representatives (the S. 2527. A bill to amend title 38, United Judiciary. Senate Concurring), That we urge the United States Code, to improve the mental health By Mr. CASEY (for himself, Mrs. GILLI- States Department of Veterans Affairs and treatment provided by the Secretary of Vet- BRAND, Mr. FRANKEN, Ms. BALDWIN, the United States Congress to create a pilot erans Affairs to veterans who served in clas- Mr. REED, Ms. WARREN, Mr. DURBIN, program in Michigan instituting a flexible sified missions; to the Committee on Vet- Ms. HIRONO, and Mr. MERKLEY): Veterans Choice Card system structured erans’ Affairs. S. 2539. A bill to amend the Social Security similar to a traditional health care program By Mr. NELSON: Act to provide for mandatory funding, to en- for all veterans in Michigan; and be it fur- S. 2528. A bill to promote the safe manufac- sure that the families that have infants and ther ture, use, and transportation of lithium bat- toddlers, have a family income of not more

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00065 Fmt 0686 Sfmt 0634 E:\BR16\S10FE6.002 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 1651 than 200 percent of the applicable Federal board on such health conditions, and ery, human trafficking, and the worst poverty guideline, and need child care have for other purposes. forms of child labor within the com- access to high-quality infant and toddler S. 1081 pany’s supply chains. child care by the end of fiscal year 2026, and S. 2021 for other purposes; to the Committee on Fi- At the request of Mr. BOOKER, the nance. name of the Senator from California At the request of Mr. BOOKER, the name of the Senator from Virginia (Mr. f (Mrs. FEINSTEIN) was added as a co- sponsor of S. 1081, a bill to end the use WARNER) was added as a cosponsor of S. SUBMISSION OF CONCURRENT AND of body-gripping traps in the National 2021, a bill to prohibit Federal agencies SENATE RESOLUTIONS Wildlife Refuge System. and Federal contractors from request- The following concurrent resolutions S. 1378 ing that an applicant for employment and Senate resolutions were read, and At the request of Mr. PAUL, the disclose criminal history record infor- referred (or acted upon), as indicated: names of the Senator from New Hamp- mation before the applicant has re- By Mr. CARDIN (for himself, Mr. shire (Ms. AYOTTE) and the Senator ceived a conditional offer, and for MCCAIN, Mr. SCHATZ, Mr. SULLIVAN, from Iowa (Mrs. ERNST) were added as other purposes. Mrs. FEINSTEIN, and Ms. HIRONO): cosponsors of S. 1378, a bill to strength- S. 2040 S. Res. 370. A resolution recognizing that en employee cost savings suggestions At the request of Mr. CORNYN, the for nearly 40 years, the United States and programs within the Federal Govern- names of the Senator from Illinois (Mr. the Association of South East Asian Nations KIRK) and the Senator from Pennsyl- (ASEAN) have worked toward stability, pros- ment. vania (Mr. TOOMEY) were added as co- perity, and peace in Southeast Asia; to the S. 1566 sponsors of S. 2040, a bill to deter ter- Committee on Foreign Relations. At the request of Mr. KIRK, the name rorism, provide justice for victims, and By Mr. LEE (for himself, Mr. HATCH, of the Senator from Oregon (Mr. Mrs. FISCHER, and Mr. SASSE): for other purposes. MERKLEY) was added as a cosponsor of S. Con. Res. 30. A concurrent resolution ex- S. 2144 pressing concern over the disappearance of S. 1566, a bill to amend the Public Health Service Act to require group At the request of Mr. GARDNER, the David Sneddon, and for other purposes; to names of the Senator from South Caro- the Committee on Foreign Relations. and individual health insurance cov- lina (Mr. GRAHAM) and the Senator f erage and group health plans to provide for coverage of oral anticancer drugs from Oklahoma (Mr. INHOFE) were ADDITIONAL COSPONSORS on terms no less favorable than the added as cosponsors of S. 2144, a bill to improve the enforcement of sanctions S. 71 coverage provided for anticancer medi- against the Government of North At the request of Mr. INHOFE, his cations administered by a health care Korea, and for other purposes. name was added as a cosponsor of S. 71, provider. S. 2166 a bill to preserve open competition and S. 1622 At the request of Mr. BLUNT, the Federal Government neutrality to- At the request of Mr. BURR, the name name of the Senator from Maine (Ms. wards the labor relations of Federal of the Senator from Tennessee (Mr. COLLINS) was added as a cosponsor of S. Government contractors on Federal ALEXANDER) was added as a cosponsor 2166, a bill to amend part B of title IV and federally funded construction of S. 1622, a bill to amend the Federal of the Social Security Act to ensure projects. Food, Drug, and Cosmetic Act with re- that mental health screenings and as- spect to devices. S. 391 sessments are provided to children and At the request of Mr. PAUL, the name S. 1831 youth upon entry into foster care. of the Senator from Kansas (Mr. At the request of Mr. TOOMEY, the S. 2178 MORAN) was added as a cosponsor of S. name of the Senator from Maine (Ms. At the request of Mr. BOOZMAN, the 391, a bill to preserve and protect the COLLINS) was added as a cosponsor of S. name of the Senator from Ohio (Mr. free choice of individual employees to 1831, a bill to revise section 48 of title PORTMAN) was added as a cosponsor of form, join, or assist labor organiza- 18, United States Code, and for other S. 2178, a bill to amend the Internal tions, or to refrain from such activi- purposes. Revenue Code of 1986 to make perma- ties. S. 1890 nent certain provisions of the Heart- S. 613 At the request of Mr. HATCH, the land, Habitat, Harvest, and Horti- At the request of Mrs. GILLIBRAND, names of the Senator from Delaware culture Act of 2008 relating to timber, the name of the Senator from Rhode Is- (Mr. CARPER), the Senator from Mis- and for other purposes. land (Mr. WHITEHOUSE) was added as a sissippi (Mr. COCHRAN) and the Senator S. 2218 cosponsor of S. 613, a bill to amend the from Oklahoma (Mr. LANKFORD) were At the request of Mr. THUNE, the Richard B. Russell National School added as cosponsors of S. 1890, a bill to name of the Senator from Massachu- Lunch Act to improve the efficiency of amend chapter 90 of title 18, United setts (Mr. MARKEY) was added as a co- summer meals. States Code, to provide Federal juris- sponsor of S. 2218, a bill to amend the S. 800 diction for the theft of trade secrets, Internal Revenue Code of 1986 to treat At the request of Mr. KIRK, the name and for other purposes. certain amounts paid for physical ac- of the Senator from Tennessee (Mr. S. 1909 tivity, fitness, and exercise as amounts ALEXANDER) was added as a cosponsor At the request of Mr. CRUZ, his name paid for medical care. of S. 800, a bill to improve, coordinate, was added as a cosponsor of S. 1909, a S. 2235 and enhance rehabilitation research at bill to protect communities from de- At the request of Mr. UDALL, his the National Institutes of Health. structive Federal overreach by the De- name was added as a cosponsor of S. S. 901 partment of Housing and Urban Devel- 2235, a bill to repeal debt collection At the request of Mr. MORAN, the opment. amendments made by the Bipartisan name of the Senator from Nevada (Mr. S. 1968 Budget Act of 2015. HELLER) was added as a cosponsor of S. At the request of Mr. BLUMENTHAL, S. 2272 901, a bill to establish in the Depart- the name of the Senator from New At the request of Mr. DURBIN, the ment of Veterans Affairs a national York (Mrs. GILLIBRAND) was added as a name of the Senator from Connecticut center for research on the diagnosis cosponsor of S. 1968, a bill to amend the (Mr. MURPHY) was added as a cosponsor and treatment of health conditions of Securities Exchange Act of 1934 to re- of S. 2272, a bill to amend the Higher the descendants of veterans exposed to quire certain companies to disclose in- Education Act of 1965 regarding propri- toxic substances during service in the formation describing any measures the etary institutions of higher education Armed Forces that are related to that company has taken to identify and ad- in order to protect students and tax- exposure, to establish an advisory dress conditions of forced labor, slav- payers.

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00066 Fmt 0686 Sfmt 0634 E:\BR16\S10FE6.002 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1652 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 February 10, 2016 S. 2423 S. 2497, a bill to amend the Securities To help address this disaster, today I At the request of Mrs. SHAHEEN, the Exchange Act of 1934 to provide protec- am introducing the California Long- name of the Senator from Pennsyl- tions for retail customers, and for Term Provisions for Water Supply and vania (Mr. CASEY) was added as a co- other purposes. Short-Term Provisions for Emergency sponsor of S. 2423, a bill making appro- S. 2502 Drought Relief Act. priations to address the heroin and At the request of Mr. ISAKSON, the Let me begin by saying that the El opioid drug abuse epidemic for the fis- names of the Senator from Missouri Nin˜ o we’re seeing now in California cal year ending September 30, 2016, and (Mr. BLUNT) and the Senator from Wyo- brings with it some good news. for other purposes. ming (Mr. ENZI) were added as cospon- The Sierra Nevada snowpack is the S. 2437 sors of S. 2502, a bill to amend the Em- deepest it has been in 5 years, and At the request of Ms. MIKULSKI, the ployee Retirement Income Security water content is up. names of the Senator from South Da- Act of 1974 to ensure that retirement The California Department of Water kota (Mr. THUNE) and the Senator from investors receive advice in their best Resources reported in early-February California (Mrs. FEINSTEIN) were added interests, and for other purposes. that the statewide snowpack stands at as cosponsors of S. 2437, a bill to amend S. 2505 25.4 inches, or 130 percent of the histor- title 38, United States Code, to provide At the request of Mr. KIRK, the name ical average. for the burial of the cremated remains of the Senator from Wyoming (Mr. But we are faced with three prob- of persons who served as Women’s Air ENZI) was added as a cosponsor of S. lems. Forces Service Pilots in Arlington Na- 2505, a bill to amend the Internal Rev- First, one El Nin˜ o—even a strong El tional Cemetery, and for other pur- enue Code of 1986 to ensure that retire- Nin˜ o—won’t be sufficient to pull us out poses. ment investors receive advice in their of this drought. Experts say we need at S. 2444 best interests, and for other purposes. least 3 consecutive years of above-aver- At the request of Mr. INHOFE, the S. 2512 age precipitation. name of the Senator from Mississippi At the request of Mr. FRANKEN, the Second, we lack the infrastructure (Mr. COCHRAN) was added as a cospon- names of the Senator from New Jersey needed to store much of this water. We sor of S. 2444, a bill to amend title 18, (Mr. MENENDEZ) and the Senator from need to do more to increase the United States Code, to provide for the Illinois (Mr. KIRK) were added as co- amount of water we can hold from wet disposition, within 60 days, of an appli- sponsors of S. 2512, a bill to expand the years to dry years. cation to exempt a projectile from tropical disease product priority re- And while river flows are extremely classification as armor piercing ammu- view voucher program to encourage high from these winter storms, we are nition. treatments for Zika virus. not taking advantage of them to the S. 2469 S. RES. 346 extent we should. What that means is tens of thousands At the request of Mr. BLUMENTHAL, At the request of Mr. TOOMEY, his the name of the Senator from New Jer- name was added as a cosponsor of S. of acre-feet are flowing out into the Pacific Ocean rather than being col- sey (Mr. MENENDEZ) was added as a co- Res. 346, a resolution expressing oppo- sponsor of S. 2469, a bill to repeal the sition to the European Commission in- lected for later use. Protection of Lawful Commerce in terpretive notice regarding labeling So while California is getting some Arms Act. Israeli products and goods manufac- much-needed rain, it’s not likely to be tured in the West Bank and other enough to end this historic drought. S. 2474 areas, as such actions undermine the Let me be clear; this drought is hurt- At the request of Mr. COTTON, the Israeli-Palestinian peace process. ing California. name of the Senator from Oklahoma AMENDMENT NO. 3167 Mr. President, 69 communities are (Mr. INHOFE) was added as a cosponsor facing significant water supply and of S. 2474, a bill to allow for additional At the request of Mr. BOOKER, the name of the Senator from Illinois (Mr. water quality issues, 2,591 wells are markings, including the words ‘‘Israel’’ critically low or dry affecting some and ‘‘Product in Israel,’’ to be used for KIRK) was added as a cosponsor of amendment No. 3167 intended to be pro- 13,000 residents; California’s economy country of origin marking require- lost $2.7 billion from the drought in ments for goods made in the geo- posed to S. 2012, an original bill to pro- vide for the modernization of the en- 2015. graphical areas known as the West The agricultural sector lost approxi- Bank and Gaza Strip. ergy policy of the United States, and for other purposes. mately $1.8 billion from the drought in S. 2487 AMENDMENT NO. 3215 2015, exceeding the $41.5 billion loss in At the request of Mrs. BOXER, the At the request of Mr. CARDIN, the 2014. name of the Senator from New Hamp- name of the Senator from Louisiana More than 1 million acres of Cali- shire (Mrs. SHAHEEN) was added as a co- (Mr. VITTER) was added as a cosponsor fornia farmland were fallowed in 2015, sponsor of S. 2487, a bill to direct the of amendment No. 3215 intended to be an increase of more than 600,000 acres Secretary of Veterans Affairs to iden- proposed to S. 2012, an original bill to over 2011. tify mental health care and suicide provide for the modernization of the Since 2014, the drought has led to prevention programs and metrics that energy policy of the United States, and 35,000 permanent jobs lost in Cali- are effective in treating women vet- for other purposes. fornia, 21,000 seasonal and part-time erans as part of the evaluation of such agricultural jobs have also been lost. f programs by the Secretary, and for Farmworkers cannot find employ- other purposes. STATEMENTS ON INTRODUCED ment and are forced to move in with S. 2492 BILLS AND JOINT RESOLUTIONS family members or friends who are also At the request of Mr. WYDEN, the By Mrs. FEINSTEIN: struggling. name of the Senator from Minnesota S. 2533. A bill to provide short-term Some single mothers are traveling as (Ms. KLOBUCHAR) was added as a co- water supplies to drought-stricken far as Washington State for work to sponsor of S. 2492, a bill to amend the California and provide for long-term help support their families. Internal Revenue Code of 1986 to pro- investments in drought resiliency Land subsidence from pumping too vide matching payments for retirement throughout the Western United States; much groundwater has caused large savings contributions by certain indi- to the Committee on Energy and Nat- areas of the San Joaquin Valley to sink viduals. ural Resources. by as much as two inches per month. S. 2497 Mrs. FEINSTEIN. Mr. President, I As a result, bridges, aqueducts and At the request of Mr. BLUNT, the rise today to speak about the historic roads have already begun to crack. name of the Senator from Wyoming drought that is devastating California Mr. President, 50 million large trees (Mr. ENZI) was added as a cosponsor of and much of the West. are dead or likely will die from lack of

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00067 Fmt 0686 Sfmt 0634 E:\BR16\S10FE6.002 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 1653 water, and another 888 million trees ex- Fisheries; and the White House Council two of the most promising technologies perienced loss of canopy cover since on Environmental Quality. that may offer long-term solutions. 2011. On the State side, we worked with The bill identifies 137 local recycling These are just some of the many ex- the California Natural Resources Agen- and desalination projects that, if con- amples of the dreadful effect the cy; California Department of Water Re- structed, could produce upwards of 1.4 drought is having on California. sources; California Department of Fish million acre feet in ‘‘new’’ water. The bill I am introducing today in- and Wildlife; and the Office of the Gov- This includes 27 desalination projects cludes a wide range of provisions to ad- ernor of California. identified by the State—totaling more dress two key needs: In addition to integrating proposals than 352,000 acre-feet of water—that First, long-term solutions. In addi- from State and Federal agency experts, the Secretary of the Interior must con- tion to helping the many communities we have incorporated feedback from a sider funding if eligible. that are running out of water, we must variety of stakeholders including envi- The bill also reauthorizes the Desali- create a new water infrastructure that ronmental groups; urban and agricul- nation Act and authorizes $100 million is not as dependent on annual levels of tural water districts; wildlife advocates for feasibility studies and project de- rain or snow. That is why the bill in- and Democratic and Republican con- sign as well as desalinization research cludes many programs to promote gressional offices. to improve the energy co-efficient from long-term drought resiliency. As part of the consultation process, reverse osmosis and membrane tech- California is now home to 40 million we received and incorporated more nology. These funds run through 2020. people, but is relying on State and Fed- than 40 suggested changes. In addition, the bill identifies 110 eral water infrastructure first con- I would first like to cover the long- water recycling projects that the Sec- structed in the 1960s when California’s term provisions. retary of the Interior must consider As I said, California is home to population was just 16 million. funding. These projects total more The Central Valley Project and the around 40 million people, but has the than 1,060,334 acre-feet of water. State Water Project were completed in same water infrastructure as the 1960s, The bill authorizes $200 million for the 1970s, and neither have kept pace when only 16 million people lived in the the Bureau of Reclamation’s Title XVI with the rapid growth in California’s state. water recycling program and stream- Given the changing climate, I believe population or economy. lines the program by eliminating the that California will become a desert Put another way, California’s major hurdle of congressional authorization state if we don’t act. Droughts will water infrastructure has remained for individual projects. only become more frequent and more largely unchanged for the past 40 years We also have to encourage public-pri- severe. vate partnerships. That’s why the bill while California’s population has more That’s why the long-term provisions funds a loan-guarantee program and than doubled. of this bill look at new sources of water other financing mechanisms to help To address this, we must come up and new ways to store water. with long-term solutions to address These long-term provisions authorize make projects a reality. these water infrastructure gaps. a total of $1.3 billion and include de- If all the projects identified in the This must include investments in salination, recycling, storage, and loan bill were completed, nearly 1.4 million water storage projects, desalination assistance for drought-stricken com- acre-feet of ‘‘new’’ water could be made plants and water recycling projects, as munities. And as I said, these invest- available. Given the consensus that droughts well as programs to assist vulnerable ments can produce a new water infra- will grow more severe, we have to in- communities, fund research and sup- structure not as dependent on weather. port ecosystem restoration. This bill increases the WaterSMART crease the amount of water we can hold In addition to those long-term solu- authorization by $150 million for long- from wet years for use in dry years. tions, the bill would also provide short- term water conservation, reclamation In order to help accomplish this, the term, temporary solutions which are and recycling. bill authorizes $600 million for water limited to the duration of the Gov- Some of these WaterSMART funds storage projects in California and other ernor’s drought declaration or two can then be used for a new Bureau of Western States. These funds would be years, whichever is longer. Reclamation program to help rural and available through 2025. These provisions will help make the disadvantaged communities that are But the Federal Government can’t do water-delivery system more efficient running out of water. These grants it all on its own. California signaled during this current drought, and they would cover everything from emer- that it’s ready by enacting a $7.5 bil- will do so without any mandated pump- gency bottled water to long-term solu- lion water bond. The bill therefore po- ing levels. tions like water treatment facilities. sitions the federal government as a Under this bill State and Federal of- But we also need to look beyond the partner with California to take advan- ficials will continue to determine ap- current emergency and consider ways tage of these funds to build new res- propriate pumping levels, and all short- we can shift these communities from ervoirs and expand existing reservoirs. term operations must comply with ex- vulnerable water sources like wells to Recognizing that the drought has isting applicable laws. more sustainable and resilient water taken a toll on many aspects of life in Let me repeat: there are no man- systems. California, including fish and wildlife, dated levels of pumping in this bill. That’s why this bill prioritizes this bill authorizes $55 million for habi- Let me briefly discuss how this bill money from the Environmental Protec- tat restoration efforts. Measures in- will help California and the positive tion Agency’s Revolving Loan Fund for clude protections for the entire life impacts it will have west-wide. water infrastructure projects that cycle of fish, from increasing spawning Over the past 2 years, my staff and I would help drought-stricken commu- habitat to reducing mortality during have gone through an extensive con- nities that are at risk of running out of migration out to the ocean; reducing sultation process with both State and clean water. threats to fish, including smelt and Federal agencies. This bill also authorizes $200 million salmon, by removing predators such as We have worked through every pro- for the Reclamation Infrastructure Fi- striped bass from specific locations posal or suggestion we received from nance and Innovation Act, known as where they prey on endangered fish; those agencies and all are incorporated RIFIA. This loan-guarantee program using real-time monitoring of turbidity in the bill I am introducing today. will help water districts and munici- and fish to determine pumping rates, On the Federal side, we worked with palities fund long-term solutions to rather than specific congressional man- the Department of the Interior; De- store more water and provide addi- dates or targets; funding daily boat partment of Commerce; Bureau of Rec- tional clean water. monitoring to survey for smelt near lamation; U.S. Army Corps of Engi- We also need to invest in desalina- the pumps when turbidity levels are neers; Fish and Wildlife Service; NOAA tion and water recycling. These are high and the smelt are often attracted

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00068 Fmt 0686 Sfmt 0634 E:\BR16\S10FE6.002 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1654 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 February 10, 2016 to the pumps; funding studies to track those pumping levels up to the discre- and the Secretary of Commerce to en- the smelt’s most current locations and tion of the water agencies. But the bill sure that the gates remain open as long make decisions that are key to running does require officials to justify the lev- as possible. pumps in a way that is not harmful to els at which they pump. These gates are critically important fish, and providing $10 million in water By requiring written justification for for controlling salinity in the Delta. infrastructure for refuges, a vital re- the level of pumping, the bill attempts When the gates are closed, water that source for billions of migratory birds to maximize the amount of water would otherwise be pumped or stored is that use the Pacific Flyway. pumped by requiring officials to con- instead used to flush salty water out In addition to the long-term provi- sider whether real-time monitoring through the Delta. sions, the bill includes short-term, justifies lowering pumping levels. This Keeping the gates open for longer temporary provisions to allow for more water system must be operated based will help to reduce salinity in the inte- efficient operation of the Federal and on science, not intuition. rior Delta and avoid releasing water State water systems. I want to be clear: The revised text unnecessarily in the Central Valley As I stated, these emergency oper- does not include any mandate. We re- Project and State Water Project. This ations provisions last only for the moved a provision that would have helps both Delta farmers and commu- length of the Governor’s Emergency mandated pumping at ¥5000 cubic feet nities as well as those south of Delta. Declaration or 2 years—whichever is per second in the Old and Middle Riv- As I stated before, all of these short- longer. ers, unless pumping at these levels term provisions are temporary and will These short-term provisions will would cause additional adverse effects sunset when the Governor’s drought allow the agencies to capture water on the Delta smelt. emergency expires or two years from from winter storms. Already, the The 1:1 transfer ratio. The strong El the date of enactment, whichever is snowpack is significantly higher in Nin˜ o means more water is likely to be later. height and water content than the last available for voluntary transfers from We have spent untold hours working few years, and more water is flowing willing sellers with extra water to buy- on this bill. down the Delta. ers downstream who need water. We have addressed—to the best of our The bill has eight key provisions that This provision helps facilitate those ability—the concerns raised by a host will allow for water to be captured and transfers in April and May by allowing of constituent groups and individuals stored: a 1:1 transfer ratio. In past years, agen- Improved data to operate pumps. En- including environmentalists, water dis- cies have reduced the likelihood of tricts, Federal and State agencies, and hanced daily monitoring and data col- transfers by requiring water users to lection will help to operate pumps the agricultural sector. send more water downstream than The bill reflects many meetings be- more efficiently, and pump at higher could be captured and stored at a 4:1 levels when no fish are present and tween Democrats and Republicans, ratio. water districts, cities, rural commu- pump at reduced levels when fish are By allowing for a 1:1 ratio—while ad- nities, farmers, fishermen, and a num- nearby. hering to environmental law and bio- ber of environmental groups. The revised bill requires daily boat logical opinions—more water transfers While this bill will not satisfy every monitoring to survey for smelt near can be accomplished, providing water water interest, I believe that these pro- the pumps when turbidity levels are to users who truly need it. high, so that pumping reductions are Extending the time period for water visions will place California on a long- made based on the most up-to-date transfers by five months. The bill ex- term path to drought resiliency. facts. tends by 5 months the time period This is a bill that offers real help to The bill also authorizes studies to when transfers may take place. California while adhering to the laws identify smelts’ location in the Delta The current transfer window of July and biological opinions that protect on a real-time basis. through September is extended to April fish and wildlife. In addition, the bill authorizes a through November. Extending the The result of our efforts is a bill that Delta Smelt Distribution study to transfer window allows water transfers stands a real chance of being approved identify how many smelt are in dif- to be available during the spring plant- by both parties and signed into law. I ferent parts of the Delta in drier and ing season. look forward to working with my col- wetter years. This is critical to know All transfers must remain consistent leagues to make that happen. what level of take of the smelt is a with the biological opinions. f threat to the species. Expediting review of transfers and Winter storms and ‘‘payback.’’ The the construction of barriers. Environ- SUBMITTED RESOLUTIONS revised bill authorizes agencies to in- mental reviews of water transfers and crease pumping during winter storms the installation of temporary barriers using their best judgment to determine must be completed within 60 days, un- SENATE RESOLUTION 370—RECOG- when and by how much. less an environmental impact state- NIZING THAT FOR NEARLY 40 Once the storms end, the agencies ment is required. YEARS, THE UNITED STATES would no longer be required to ‘‘pay- Agencies must maximize water sup- AND THE ASSOCIATION OF back’’ water already pumped unless plies consistent with applicable laws SOUTH EAST ASIAN NATIONS there was an environmental reason, and biological opinions. (ASEAN) HAVE WORKED TOWARD such as harm to fish. Federal agencies can and should try STABILITY, PROSPERITY, AND This so-called ‘‘payback’’ has led to to both protect species and provide PEACE IN SOUTHEAST ASIA the loss of tens of thousands of acre- water supplies. Mr. CARDIN (for himself, Mr. feet of water. Payback currently re- The bill makes very clear that agen- MCCAIN, Mr. SCHATZ, Mr. SULLIVAN, quires agencies to reduce subsequent cies cannot harm the fish in violation Mrs. FEINSTEIN, and Ms. HIRONO) sub- water pumping by an equal amount of of the biological opinions—but within mitted the following resolution; which water as was captured during the this environmental protection man- was referred to the Committee on For- storms, which results in the loss of date, the agencies should try to in- eign Relations: tens of thousands of acre-feet of water crease water supplies—especially dur- S. RES. 370 that could instead be stored or trans- ing a drought emergency. This requirement complements the Whereas the February 2016 U.S.-ASEAN ferred for use throughout the State. summit at Sunnylands in Rancho Mirage, Agencies must explain pumping lev- additional requirement that agencies California is an opportunity to deepen the els under the Delta Smelt Biological must explain any harm to the fish that United States-ASEAN partnership; Opinion. requires a reduction in water supplies. Whereas the United States and the Asso- The bill does not impose any man- Delta Cross-Channel Gates. The bill ciation of South East Asian Nations dated pumping levels, instead leaving requires the Secretary of the Interior (ASEAN) established dialogue relations on

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00069 Fmt 0686 Sfmt 0634 E:\BR16\S10FE6.002 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 1655 September 10, 1977, with the issuing of the by ASEAN and the People’s Republic of gate changes in the climate, reduce the risks 1977 Joint Communique Of The First China to develop an effective Code of Con- of extreme weather events and other cli- ASEAN-U.S. Dialogue, and the United States duct (COC), encourages claimants not to un- mate-driven disasters, and provide sustain- acceded to the Treaty of Amity and Coopera- dertake new or unilateral attempts to able economic livelihood opportunities for tion in Southeast Asia (TAC) at the ASEAN change the status quo since the signing of local communities; Post Ministerial Conference Session with the the 2002 Declaration of Conduct, including Whereas the United States will pursue ini- United States in Thailand on July 22, 2009; reclamation activities or asserting adminis- tiatives that are consistent with broader sus- Whereas the United States was the first trative measures or controls in disputed tainable development, including the achieve- non-ASEAN country to appoint an ambas- areas in the South China Sea; and supports ment of food security and poverty allevi- sador to ASEAN on April 29, 2008, and the efforts to fully and effectively implement ation throughout the ASEAN region, and first dialogue partner to establish a perma- the Declaration of Conduct in its entirety build on cooperative efforts outlined at the nent mission to ASEAN in 2010; and to work toward the expeditious conclu- 2014 ASEAN-U.S. Summit to further tackle Whereas the United States has supported sion of an effective Code of Conduct; this global challenge; efforts to strengthen the ASEAN Secretariat Whereas the United States has invested Whereas ASEAN is the third-fastest grow- and expand its role in providing greater co- significantly in maritime security capacity ing economy in Asia after China and India, ordination between and enhancing the effec- building with allies and partners in ASEAN expanding by 30 percent since 2007 and ex- tiveness of regional institutions; to respond to threats in waters off their ceeding the global growth average for the Whereas the first-ever U.S.-ASEAN De- coasts and to provide maritime security past 10 years; fense Forum was held on April 1, 2014, in more broadly across the region; Whereas the ASEAN Economic Community Honolulu, Hawaii, further deepening ties on Whereas the United States, as a long- aims to create one of the largest single mar- the challenges to security, peace, and pros- standing Asia-Pacific power, will maintain ket economies in the world, facilitating the perity in the region, and on November 21, and exercise freedom of operations in the free movement of goods, services, and profes- 2015, the United States and ASEAN elevated international waters and airspace in the sionals and a sense of economic community their relationship to the ASEAN-U.S. Stra- Asia-Pacific maritime domains, which are among its member states; tegic Partnership in Kuala Lumpur, Malay- critical to the prosperity, stability, and se- Whereas the United States is the largest sia at the 3rd U.S.-ASEAN summit; curity of ASEAN and the entire Asia-Pacific investor in Southeast Asia, almost Whereas the Governments and people of region; $190,000,000,000 in 2012, creating millions of the United States and ASEAN can help real- Whereas ASEAN is a partner to the United jobs in the United States and in ASEAN ize their common vision of a peaceful, pros- States on key transnational challenges, such Member States, while investment in the perous, rules-based Asia-Pacific region that as terrorism, violent extremism, climate United States from Southeast Asia has in- offers security, opportunity, and dignity to change, environmental degradation and pol- creased more than from any other region in all of its citizens; lution, energy, infectious diseases, disar- the past decade; Whereas ASEAN is the 7th largest econ- mament, proliferation of weapons of mass Whereas the United States has helped omy in the world, at $2,400,000,000,000, rep- destruction, cybersecurity, trafficking in ASEAN create a Single Window customs fa- resenting the United States’ 4th largest ex- persons, illicit trafficking of wildlife and cilitation system that will help to expedite port market with total-two way trade in timber and illegal, unregulated, and unre- intra-ASEAN trade and make it easier for goods and services reaching $254,000,000,000 ported fishing; United States businesses to operate in the and accounting for more than 500,000 jobs in Whereas the United States, ASEAN, and region; the United States, and it represents a diverse other Dialogue Partners, through the 2015 Whereas the U.S.-ASEAN Business Alli- group of nations and dynamic economies East Asia Summit, adopted a statement on ance for Competitive SMEs has already with an expanding workforce, a growing mid- transnational cyber issues, emphasizing the trained 3,500 small-medium enterprises, with dle class, and a diverse set of skills, cultures, importance of regional cooperation to im- nearly half of the individuals trained being and resources; prove the security and stability of cyber net- young women entrepreneurs; Whereas ASEAN is home to critical global works which sets an important precedent for Whereas United States-ASEAN develop- sea lanes located at the center of the world’s strengthening practical cooperation, risk re- ment cooperation has focused on innovation strongest economic growth area, with duction, and confidence building in cyber- and capacity-building efforts in technology, $5,300,000,000,000 of global trade and more space; education, disaster management, food secu- than half of total shipped tonnage transiting Whereas the 2015 East Asia Summit in rity, human rights, and trade facilitation; through ASEAN’s sea lanes each year; Kuala Lumpur adopted a statement on coun- Whereas the Lower Mekong Initiative, es- Whereas the United States has a national tering violent extremism, where the United tablished on July 23, 2009, is a multinational interest in freedom of navigation and over- States, ASEAN, and other Dialogue Partner effort that helps promote sustainable eco- flight, open access to Asia’s maritime com- leaders sent a clear signal of the region’s de- nomic development in mainland Southeast mons, and respect for international law in termination to tackle challenges posed by Asia to foster integrated, multi-sectoral sub- the South China Sea; the Islamic State of Iraq and Syria and other regional cooperation and capacity building; Whereas the South China Sea represents a violent extremist groups, and to respond to Whereas the United States is a committed critical international waterway not just for their efforts to spread their ideology of vio- partner with ASEAN on the protection of the region but the entire world; lence and terrorism; human rights, which are essential for fos- Whereas the United States does not take Whereas 2015 East Asia Summit leaders tering and maintaining stability, security, sides on the competing territorial disputes, also adopted a statement on health security and good governance; but believes claimants should pursue their in responding to diseases with pandemic po- Whereas, on November 18, 2012, ASEAN territorial claims without resort to coercion, tential, which committed the region to im- Member States came together and adopted and through collaborative diplomacy, includ- prove health surveillance systems in each an ASEAN Human Rights Declaration that ing international arbitration, and in accord- nation, and emphasized the importance of in- by its own terms ‘‘affirms all the civil and ance international law and institutions; formation sharing to promote early deten- political rights’’ and the ‘‘economic social Whereas the United States opposes all tion and response to potential pandemics; and cultural rights’’ in the Universal Dec- claims in the maritime domain that impinge Whereas all members at the 2015 East Asia laration of Human Rights; on the rights, freedoms, and lawful use of the Summit adopted a statement on maritime Whereas the United States supports the sea that belongs to all nations and upholds cooperation, including preventing incidents work and mandate of the ASEAN Intergov- the principles that territorial and maritime at sea, illegal, unreported and unregulated ernmental Commission on Human Rights claims, including territorial waters or terri- fishing, irregular migration, piracy, and to (AICHR), including capacity building for the torial seas, must be derived from land fea- collaborate on protecting the marine envi- promotion and protection of human rights tures and otherwise comport with inter- ronment; and its priority, programs, and activities; national law; Whereas changes in climatic conditions in Whereas the Young Southeast Asian Lead- Whereas the United States supports the the ASEAN region over the past four decades ers Program has now engaged over 60,000 peo- Philippines’ decision to use arbitration have resulted in major loss and damage ple between the ages of 18 and 35 across all 10 under the United Nations Convention on the throughout the ASEAN region with dis- ASEAN nations to promote innovation Law of the Sea (UNCLOS), done at Montego proportionate impact on developing coun- among young people while also providing Bay December 10, 1982, to peacefully and law- tries, with the experiences of Cyclone Nargis skills to a new generation of people who will fully address competing territorial claims; in Myanmar and Typhoon Haiyan in the create and fill the jobs of the future; Whereas the Declaration on the Conduct of Philippines providing stark evidence of the Whereas the irregular movement of per- Parties in the South China Sea (DOC) was destructive impacts on the region; sons continues to be one of the main security signed by all members of ASEAN and the Whereas conservation and sustainable threats in the South East Asia region; People’s Republic of China on November 4, management of forests throughout ASEAN Whereas addressing migration flows and 2002, and the United States supports efforts play an important role in helping to miti- combatting human smuggling in ASEAN is

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00070 Fmt 0686 Sfmt 0634 E:\BR16\S10FE6.002 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1656 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 February 10, 2016 an important, ongoing challenge requiring People’s Republic of China to develop an ef- tion; which was referred to the Com- increased coordination and shared responsi- fective Code of Conduct (COC) and urges mittee on Foreign Relations: bility; ASEAN to implement and work toward the Whereas, on November 21, 2015, ASEAN expeditious conclusion of an effective Code S. CON. RES. 30 signed the ASEAN Convention Against Traf- of Conduct with regards to the South China Whereas David Louis Sneddon is a United ficking in Persons, Especially Women and Sea; States citizen who disappeared while touring Children, which represents an important step (12) urges ASEAN to develop a common ap- the Yunnan Province in the People’s Repub- forward in preventing trafficking, pros- proach to reaffirm the decision of the Per- lic of China as a university student on Au- ecuting the perpetrators, and protecting the manent Court of Arbitration in The Hague’s gust 14, 2004, at the age of 24; survivors; and ruling with respect to the case between the Whereas David had last reported to family Whereas the United States supports Republic of the Philippines and the People’s members prior to his disappearance that he ASEAN Member States in anti-corruption ef- Republic of China; intended to hike the Tiger Leaping Gorge in forts through, among other initiatives, the (13) supports efforts by United States part- the Yunnan Province before returning to the implementation of the United Nations Con- ners and allies in ASEAN— United States and had placed a down pay- vention Against Corruption: Now, therefore, (A) to enhance maritime capability; ment on student housing for the upcoming be it (B) to retain unhindered access to and use academic year, planned business meetings, Resolved, That the Senate— of international waterways in the Asia-Pa- and scheduled law school entrance examina- (1) welcomes the leaders of the Association cific region that are critical to ensuring the tions in the United States for the fall; of South East Asian Nations (ASEAN) to the security and free flow of commerce; Whereas People’s Republic of China offi- United States for the special February 2016 (C) to improve maritime domain aware- cials have reported to the Department of U.S.-ASEAN summit meeting at Rancho Mi- ness; State and the family of David that he most rage, California, and affirms the summit as (D) to counter piracy; the first regular U.S.-ASEAN summit; likely died by falling into the Jinsha River (E) to disrupt illicit maritime trafficking while hiking the Tiger Leaping Gorge, al- (2) supports and welcomes the elevation of activities and other forms of maritime traf- the United States-ASEAN relationship to a though no physical evidence or eyewitness ficking activity; and testimony exists to support this conclusion; strategic partnership and recommits the (F) to enhance the maritime capabilities of United States to ASEAN centrality and to Whereas there is evidence indicating that a country or regional organizations to re- David did not fall into the river when he helping to build a strong, stable, politically spond to emerging threats to maritime secu- cohesive, economically integrated, and so- traveled through the gorge, including eye- rity in the Asia-Pacific region; cially responsible ASEAN community with witness testimonies from people who saw (14) reaffirms the enhancement of United common rules, norms, procedures, and stand- David alive and spoke to him in person after States-ASEAN economic engagement, in- ards consistent with international law and his hike, as recorded by members of David’s cluding the elimination of barriers to cross- the principles of a ‘‘rule-based’’ Asia-Pacific family and by embassy officials from the De- border commerce, and supports the ASEAN community; partment of State in the months after his Economic Community’s goals, including (3) supports efforts towards increasing two- disappearance; strong, inclusive, and sustainable growth way trade and investment, promoting trade Whereas family members searching for and cooperation between the United States and investment liberalization and facilita- David shortly after he went missing obtained and ASEAN that focuses on innovation and tion, encouraging strong, sustainable, and eyewitness accounts that David stayed over- inclusive economic growth and job creation, capacity building efforts in technology, edu- night in several guesthouses during and after and deepening connectivity; cation, disaster management, food security, his safe hike through the gorge, and these (4) urges ASEAN to continue its efforts to human rights, and trade facilitation, includ- guesthouse locations suggest that David dis- foster greater integration and unity, includ- ing for ASEAN’s poorest countries; appeared after passing through the gorge, ing with non-ASEAN economic, political, (15) supports the Lower Mekong Initiative, but the guest registers recording the names and security partners, including Japan, the which has made significant progress in pro- and passport numbers of foreign overnight Republic of Korea, Australia, the European moting sustainable economic development in guests could not be accessed; Union, and India, both inside of and outside mainland Southeast Asia and fostering inte- Whereas Chinese officials have reported of Asia; grated sub-regional cooperation and capacity that evidence does not exist that David was (5) supports efforts by ASEAN nations to building; a victim of violent crime, or a resident in a address maritime and territorial disputes in (16) supports capacity building for the pro- local hospital, prison, or mental institution a constructive manner and to pursue claims motion and protection of human rights and at the time of his disappearance, and no at- through peaceful, diplomatic, and legitimate related priority, programs, and activities; tempt has been made to use David’s passport regional and international arbitration mech- (17) supports the Young Southeast Asian since the time of his disappearance, nor has anisms, consistent with international law; Leaders Initiative program as an example of any money been withdrawn from his bank (6) urges all parties to maritime and terri- people-to-people partnership building that account since that time; torial disputes in the Asia-Pacific region— provides skills and networks to a new gen- Whereas David Sneddon is the only United (A) to respect the status quo; eration of people who will create and fill the States citizen to disappear without expla- (B) exercise self-restraint in the conduct of jobs of the future; nation in the People’s Republic of China activities that would undermine stability or (18) reaffirms the commitment of the since the normalization of relations between complicate or escalate disputes through the United States to continue joint efforts with the United States and China during the ad- use of coercion, intimidation, or military ASEAN to halt human smuggling and traf- ministration of President Richard Nixon; force; ficking of persons and urges ASEAN to make Whereas investigative reporters and non- (C) cease land reclamation activities; and increased efforts to create and strengthen re- governmental organizations with expertise (D) refrain from inhabiting or garrisoning gional mechanisms to provide assistance and in the Asia-Pacific region, and in some cases or otherwise militarizing uninhabited is- support to refugees and migrants; particular expertise in the Asian Under- lands, reefs, shoals, and other features; (19) urges ASEAN nations to engage di- ground Railroad and North Korea’s docu- (7) opposes actions by any country to pre- rectly with leaders of civil society, human mented program to kidnap citizens of foreign vent any other country from exercising its rights, and environmental groups before, nations for espionage purposes, have repeat- sovereign rights to the resources of the ex- during, and after the February 2016 summit; edly raised the possibility that the Govern- clusive economic zone (EEZ) and continental and ment of the Democratic People’s Republic of shelf by making claims to those areas in the (20) encourages the President to commu- Korea (DPRK) was involved in David’s dis- South China Sea that have no support in nicate to ASEAN leaders the importance of appearance; and international law; releasing political prisoners and ending po- Whereas investigative reporters and non- (8) opposes unilateral declarations of ad- litically motivated prosecutions. governmental organizations who have re- ministrative and military districts in con- viewed David’s case believe it is possible f tested areas in the South China Sea; that the Government of North Korea was in- (9) opposes the imposition of new fishing volved in David’s disappearance because— regulations covering disputed areas in the SENATE CONCURRENT RESOLU- South China Sea, which have raised tensions TION 30—EXPRESSING CONCERN (1) the Yunnan Province is regarded by re- in the region; OVER THE DISAPPEARANCE OF gional experts as an area frequently traf- (10) urges parties to refrain from unilateral DAVID SNEDDON, AND FOR ficked by North Korean refugees and their actions that cause permanent physical OTHER PURPOSES support networks, and the Government of change to the marine environment in areas the People’s Republic of China allows North pending final delimitation; Mr. LEE (for himself, Mr. HATCH, Korean agents to operate throughout the re- (11) supports efforts by the Association of Mrs. FISCHER, and Mr. SASSE) sub- gion to repatriate refugees, such as promi- Southeast Asian Nations (ASEAN) and the mitted the following concurrent resolu- nent North Korean defector Kang Byong-sop

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Mr. HELLER submitted an training its intelligence and military per- and the intelligence community continue to amendment intended to be proposed by sonnel in critical language and culture skills work with and inform Congress and the fam- him to the bill H.R. 757, to improve the to infiltrate foreign nations; ily of David Sneddon on efforts to possibly enforcement of sanctions against the (3) Charles Robert Jenkins, a United States recover David and to resolve his disappear- Government of North Korea, and for soldier who deserted his unit in South Korea ance. other purposes; which was ordered to in 1965 and was held captive in North Korea f for nearly 40 years, left North Korea in July lie on the table; as follows: 2004 (one month before David disappeared in AMENDMENTS SUBMITTED AND On page 71, between lines 6 and 7, insert China) and Jenkins reported that he was PROPOSED the following: forced to teach English to North Korean in- (c) STATE SPONSOR OF TERRORISM.—Not SA 3297. Mr. HELLER submitted an telligence and military personnel while in later than 60 days after the date of the enact- amendment intended to be proposed by him captivity; ment of this Act, the Secretary of State to the bill H.R. 757, to improve the enforce- (4) David Sneddon is fluent in the Korean shall— ment of sanctions against the Government of language and was learning Mandarin, skills (1) conduct an investigation of the conduct North Korea, and for other purposes; which that could have been appealing to the Gov- of the Government of North Korea to deter- was ordered to lie on the table. ernment of North Korea after Charles Jen- mine if North Korea should be designated as SA 3298. Mr. HELLER submitted an kins left the country; a state sponsor of terrorism (as defined in amendment intended to be proposed by him (5) tensions between the United States and section 202(d)); and to the bill H.R. 757, supra; which was ordered North Korea were heightened during the (2) submit a report to Congress that de- to lie on the table. summer of 2004 due to recent approval of the scribes the evidence used by the Department SA 3299. Mr. HELLER submitted an North Korean Human Rights Act of 2004 of State to reach the determination de- amendment intended to be proposed by him (Public Law 108–333) that increased United scribed in paragraph (1). to the bill H.R. 757, supra; which was ordered States aid to refugees fleeing North Korea, to lie on the table. prompting the Government of North Korea SA 3299. Mr. HELLER submitted an SA 3300. Mr. LEE submitted an amendment to issue a press release warning the United amendment intended to be proposed by intended to be proposed by him to the bill States to ‘‘drop its hostile policy’’; him to the bill H.R. 757, to improve the H.R. 757, supra; which was ordered to lie on (6) David Sneddon’s disappearance fits a enforcement of sanctions against the the table. known pattern often seen in the abduction of Government of North Korea, and for SA 3301. Mr. PAUL submitted an amend- foreigners by the Government of North ment intended to be proposed by him to the other purposes; which was ordered to Korea, including the fact that David dis- bill H.R. 757, supra; which was ordered to lie lie on the table; as follows: appeared the day before North Korea’s Lib- on the table. At the appropriate place, insert the fol- eration Day patriotic national holiday, and SA 3302. Ms. KLOBUCHAR submitted an lowing: the Government of North Korea has a dem- amendment intended to be proposed to ll onstrated history of provocations near dates SEC. . RECOGNITION OF JERUSALEM AS THE amendment SA 2953 proposed by Ms. MUR- CAPITAL OF ISRAEL AND RELOCA- it deems historically significant; KOWSKI to the bill S. 2012, to provide for the TION OF THE UNITED STATES EM- (7) a well-reputed Japanese non-profit spe- modernization of the energy policy of the BASSY TO JERUSALEM. cializing in North Korean abductions shared United States, and for other purposes; which (a) STATEMENT OF POLICY.—It should be the with the United States its expert analysis in was ordered to lie on the table. policy of the United States to recognize Je- 2012 about information it stated was received SA 3303. Ms. KLOBUCHAR submitted an rusalem as the undivided capital of the State ‘‘from a reliable source’’ that a United amendment intended to be proposed to of Israel, both de jure and de facto. States university student largely matching (b) SENSE OF CONGRESS.—It is the sense of amendment SA 3241 submitted by Ms. CANT- David Sneddon’s description was taken from Congress that— WELL and intended to be proposed to the bill China by North Korean agents in August S. 2012, supra; which was ordered to lie on (1) Jerusalem must remain an undivided 2004; and the table. city in which the rights of every ethnic and (8) commentary published in the Wall SA 3304. Mr. DAINES submitted an amend- religious group are protected as they have Street Journal in 2013 cited experts looking ment intended to be proposed by him to the been by Israel since 1967; at the Sneddon case who concluded that ‘‘it bill H.R. 757, to improve the enforcement of (2) every citizen of Israel should have the is most probable that a U.S. national has sanctions against the Government of North right to reside anywhere in the undivided been abducted to North Korea,’’ and ‘‘there Korea, and for other purposes; which was or- city of Jerusalem; is a strong possibility that North Korea kid- dered to lie on the table. (3) the President and the Secretary of napped the American’’: Now, therefore, be SA 3305. Mr. THUNE submitted an amend- State should publicly affirm as a matter of it— ment intended to be proposed to amendment United States policy that Jerusalem must Resolved by the Senate (the House of Rep- remain the undivided capital of the State of SA 2953 proposed by Ms. MURKOWSKI to the resentatives concurring), that Congress— bill S. 2012, to provide for the modernization Israel; (1) expresses its ongoing concern about the of the energy policy of the United States, (4) the President should immediately im- disappearance of David Louis Sneddon in and for other purposes; which was ordered to plement the provisions of the Jerusalem Em- Yunnan Province, People’s Republic of lie on the table. bassy Act of 1995 (Public Law 104–45) and China, in August, 2004; begin the process of relocating the United (2) directs the Department of State and the f States Embassy in Israel to Jerusalem; intelligence community to jointly continue TEXT OF AMENDMENTS (5) United States officials should refrain investigations and to consider all plausible from any actions that contradict United explanations for David’s disappearance, in- SA 3297. Mr. HELLER submitted an States law on this subject; and cluding the possibility of abduction by the amendment intended to be proposed by (6) any official document of the United Government of the Democratic People’s Re- him to the bill H.R. 757, to improve the States Government which lists countries and public of Korea; enforcement of sanctions against the their capital cities should identify Jeru- (3) urges the Department of State and the Government of North Korea, and for salem as the capital of Israel. intelligence community to coordinate inves- (c) AMENDMENT OF WAIVER AUTHORITY.— tigations with the Governments of the Peo- other purposes; which was ordered to The Jerusalem Embassy Act of 1995 (Public ple’s Republic of China, Japan, and South lie on the table; as follows: Law 104–45) is amended— Korea and solicit information from appro- On page 91, between lines 19 and 20, insert (1) by striking section 7; and priate regional affairs and law enforcement the following: (2) by redesignating section 8 as section 7. experts on plausible explanations for David’s (e) WITHHOLDING OF FUNDING.—The Presi- (d) RESTRICTION ON FUNDING SUBJECT TO disappearance; dent shall temporarily withhold United OPENING DETERMINATION.—Not more than 50 (4) encourages the Department of State States’ funding from the United Nations if percent of the funds appropriated to the De- and the intelligence community to work the United Nations Security Council does partment of State for fiscal year 2016 for with foreign governments known to have not make a decision regarding a reported ‘‘Acquisition and Maintenance of Buildings

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Street Journal in 2013 cited experts looking ized to be appropriated for ‘‘Acquisition and (7) David Sneddon is the only United at the Sneddon case who concluded that ‘‘it Maintenance of Buildings Abroad’’ for the States citizen to disappear without expla- is most probable that a U.S. national has Department of State for fiscal year 2017, nation in the People’s Republic of China been abducted to North Korea,’’ and ‘‘there such sums as may be necessary should be since the normalization of relations between is a strong possibility that North Korea kid- made available until expended only for con- the United States and China during the ad- napped the American’’. struction and other costs associated with the ministration of President Richard Nixon. (b) SENSE OF CONGRESS.—Congress— establishment of the United States Embassy (8) Investigative reporters and nongovern- (1) expresses its ongoing concern about the in Jerusalem. mental organizations with expertise in the disappearance of David Louis Sneddon in (2) FISCAL YEAR 2018.—Of the funds author- Asia-Pacific region, and in some cases par- Yunnan Province, People’s Republic of ized to be appropriated for ‘‘Acquisition and ticular expertise in the Asian Underground China, in August, 2004; Maintenance of Buildings Abroad’’ for the Railroad and North Korea’s documented pro- (2) directs the Department of State and the Department of State for fiscal year 2018, gram to kidnap citizens of foreign nations intelligence community to jointly continue such sums as may be necessary should be for espionage purposes, have repeatedly investigations and to consider all plausible made available until expended only for con- raised the possibility that the Government explanations for David’s disappearance, in- struction and other costs associated with the of the Democratic People’s Republic of cluding the possibility of abduction by the establishment of the United States Embassy Korea (DPRK) was involved in David’s dis- Government of the Democratic People’s Re- in Jerusalem. appearance. public of Korea; (f) DEFINITION.—In this section, the term (9) Investigative reporters and nongovern- (3) urges the Department of State and the ‘‘United States Embassy’’ means the offices mental organizations who have reviewed Da- intelligence community to coordinate inves- of the United States diplomatic mission and vid’s case believe it is possible that the Gov- tigations with the Governments of the Peo- the residence of the United States chief of ernment of North Korea was involved in Da- ple’s Republic of China, Japan, and South mission. vid’s disappearance because— Korea and solicit information from appro- (A) the Yunnan Province is regarded by re- priate regional affairs and law enforcement SA 3300. Mr. LEE submitted an gional experts as an area frequently traf- experts on plausible explanations for David’s amendment intended to be proposed by ficked by North Korean refugees and their disappearance; him to the bill H.R. 757, to improve the support networks, and the Government of (4) encourages the Department of State the People’s Republic of China allows North and the intelligence community to work enforcement of sanctions against the with foreign governments known to have Government of North Korea, and for Korean agents to operate throughout the re- gion to repatriate refugees, such as promi- diplomatic influence with the Government of other purposes; which was ordered to nent North Korean defector Kang Byong-sop the Democratic People’s Republic of Korea lie on the table; as follows: and members of his family who were cap- to better investigate the possibility of the At the end of title III, add the following: tured near the China-Laos border just weeks involvement of the Government of the Demo- SEC. 305. SENSE OF CONGRESS ON THE DIS- prior to David’s disappearance; cratic People’s Republic of Korea in David APPEARANCE OF DAVID SNEDDON. (B) in 2002, North Korean officials acknowl- Sneddon’s disappearance and to possibly (a) FINDINGS.—Congress makes the fol- edged that the Government of North Korea seek his recovery; and lowing findings: has carried out a policy since the 1970’s of (5) requests that the Department of State (1) David Louis Sneddon is a United States abducting foreign citizens and holding them and the intelligence community continue to citizen who disappeared while touring the captive in North Korea for the purpose of work with and inform Congress and the fam- Yunnan Province in the People’s Republic of training its intelligence and military per- ily of David Sneddon on efforts to possibly China as a university student on August 14, sonnel in critical language and culture skills recover David and to resolve his disappear- 2004, at the age of 24. to infiltrate foreign nations; ance. (2) David had last reported to family mem- (C) Charles Robert Jenkins, a United bers prior to his disappearance that he in- States soldier who deserted his unit in South SA 3301. Mr. PAUL submitted an tended to hike the Tiger Leaping Gorge in Korea in 1965 and was held captive in North amendment intended to be proposed by the Yunnan Province before returning to the Korea for nearly 40 years, left North Korea him to the bill H.R. 757, to improve the United States and had placed a down pay- in July 2004 (one month before David dis- enforcement of sanctions against the ment on student housing for the upcoming appeared in China) and Jenkins reported Government of North Korea, and for academic year, planned business meetings, that he was forced to teach English to North other purposes; which was ordered to and scheduled law school entrance examina- Korean intelligence and military personnel lie on the table; as follows: tions in the United States for the fall. while in captivity; Beginning on page 92, strike line 15 and all (3) People’s Republic of China officials (D) David Sneddon is fluent in the Korean that follows through page 93, line 2. have reported to the Department of State language and was learning Mandarin, skills Beginning on page 100, strike line 24 and and the family of David that he most likely that could have been appealing to the Gov- all that follows through page 101, line 8. died by falling into the Jinsha River while ernment of North Korea after Charles Jen- Beginning on page 112, strike line 9 and all hiking the Tiger Leaping Gorge, although no kins left the country; that follows through page 115, line 7. physical evidence or eyewitness testimony (E) tensions between the United States and exists to support this conclusion. North Korea were heightened during the SA 3302. Ms. KLOBUCHAR submitted (4) There is evidence indicating that David summer of 2004 due to recent approval of the an amendment intended to be proposed did not fall into the river when he traveled North Korean Human Rights Act of 2004 to amendment SA 2953 proposed by Ms. through the gorge, including eyewitness tes- (Public Law 108–333) that increased United MURKOWSKI to the bill S. 2012, to pro- timonies from people who saw David alive States aid to refugees fleeing North Korea, vide for the modernization of the en- and spoke to him in person after his hike, as prompting the Government of North Korea ergy policy of the United States, and recorded by members of David’s family and to issue a press release warning the United for other purposes; which was ordered by embassy officials from the Department of States to ‘‘drop its hostile policy’’; State in the months after his disappearance. (F) David Sneddon’s disappearance fits a to lie on the table; as follows: (5) Family members searching for David known pattern often seen in the abduction of On page 41, between lines 10 and 11, insert shortly after he went missing obtained eye- foreigners by the Government of North the following: witness accounts that David stayed over- Korea, including the fact that David dis- (6) USE OF GRANT FUNDS.—A grant awarded night in several guesthouses during and after appeared the day before North Korea’s Lib- under this section may not be used for the his safe hike through the gorge, and these eration Day patriotic national holiday, and purpose of funding, in whole or in part, the guesthouse locations suggest that David dis- the Government of North Korea has a dem- actual construction, renovation, repair, or appeared after passing through the gorge, onstrated history of provocations near dates alteration of a building or work. but the guest registers recording the names it deems historically significant; and passport numbers of foreign overnight (G) a well-reputed Japanese non-profit spe- SA 3303. Ms. KLOBUCHAR submitted guests could not be accessed. cializing in North Korean abductions shared an amendment intended to be proposed (6) Chinese officials have reported that evi- with the United States its expert analysis in to amendment SA 3241 submitted by dence does not exist that David was a victim 2012 about information it stated was received Ms. CANTWELL and intended to be pro- of violent crime, or a resident in a local hos- ‘‘from a reliable source’’ that a United posed to the bill S. 2012, to provide for

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00073 Fmt 0686 Sfmt 0634 E:\BR16\S10FE6.002 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 1659 the modernization of the energy policy AUTHORITY FOR COMMITTEES TO ate on February 10, 2016, at 10 a.m., in of the United States, and for other pur- MEET room SD–226 of the Dirksen Senate Of- poses; which was ordered to lie on the COMMITTEE ON ENVIRONMENT AND PUBLIC fice Building, to conduct a hearing en- table; as follows: WORKS titled ‘‘Breaking the Cycle: Mental Mr. CORNYN. Mr. President, I ask Health and the Justice System.’’ At the end of the amendment, add the fol- The PRESIDING OFFICER. Without lowing: unanimous consent that the Com- mittee on Environment and Public objection, it is so ordered. SEC. ll. USE OF GRANT FUNDS. Works be authorized to meet during SPECIAL COMMITTEE ON AGING A grant awarded under section 1004 may the session of the Senate on February Mr. CORNYN. Mr. President, I ask not be used for the purpose of funding, in 10, 2016, at 10 a.m., in room SD–406 of unanimous consent that the Special whole or in part, the actual construction, the Dirksen Senate Office Building, to Committee on Aging be authorized to renovation, repair, or alteration of a build- conduct a hearing entitled, ‘‘The Im- meet during the session of the Senate ing or work. portance of Enacting a New Water Re- on February 10, 2016, at 2:30 p.m., in sources Development Act.’’ room SD–562 of the Dirksen Senate Of- SA 3304. Mr. DAINES submitted an The PRESIDING OFFICER. Without fice Building to conduct a hearing enti- amendment intended to be proposed by objection, it is so ordered. tled ‘‘Do You Know What Is In Your him to the bill H.R. 757, to improve the COMMITTEE ON FINANCE Suitcase? How Drug Traffickers Are enforcement of sanctions against the Mr. CORNYN. Mr. President, I ask Deceiving Seniors to Smuggle Contra- Government of North Korea, and for unanimous consent that the Com- band.’’ The PRESIDING OFFICER. Without other purposes; which was ordered to mittee on Finance be authorized to objection, it is so ordered. lie on the table; as follows: meet during the session of the Senate f On page 73, line 12, insert ‘‘or textile’’ after on February 10, 2016, at 10:30 a.m., in ‘‘smuggling,’’. room SD–215 of the Dirksen Senate Of- PRIVILEGES OF THE FLOOR fice Building, to conduct a hearing en- Beginning on page 73, strike line 21 and all Mr. WYDEN. Mr. President, I ask that follows through page 74, line 8, and in- titled, ‘‘The President’s Budget for Fis- unanimous consent that Jeremy sert the following: cal Year 2017.’’ Lagelee, a law clerk on the Finance (8) knowingly, directly or indirectly, sells, The PRESIDING OFFICER. Without Committee, be granted floor privileges supplies, or transfers to or from the Govern- objection, it is so ordered. for the duration of the week. ment of North Korea or any person acting COMMITTEE ON FINANCE The PRESIDING OFFICER. Without for or on behalf of that Government, a sig- Mr. CORNYN. Mr. President, I ask objection, it is so ordered. nificant amount of precious metal, graphite, unanimous consent that the Com- Mr. SCHATZ. Mr. President, I ask raw or semi-finished metals or aluminum, mittee on Finance be authorized to steel, coal, software, synthetic filaments, or unanimous consent that Henry three-dimensional textiles for use by or in meet during the session of the Senate Schliefer, Justin Brown, Justin Hoff- industrial processes directly related to weap- on February 10, 2016, at 2 p.m., in room man, Michael George, Rebecca Gilbert, ons of mass destruction, delivery systems for SD–215 of the Dirksen Senate Office and Scott Richards, fellows in my of- such weapons, equipment designed to defend Building, to conduct a hearing entitled, fice, be granted floor privileges for the against radiological or chemical exposure ‘‘The President’s Budget for Fiscal remainder of this session in Congress. from those weapons, other proliferation ac- Year 2017.’’ The PRESIDING OFFICER. Without tivities, the Korean Workers’ Party, armed The PRESIDING OFFICER. Without objection, it is so ordered. forces, internal security, or intelligence ac- objection, it is so ordered. Mr. MERKLEY. Mr. President, I ask tivities, or the operation and maintenance of unanimous consent for my intern, political prison camps or forced labor camps, COMMITTEE ON FOREIGN RELATIONS including outside of North Korea; Mr. CORNYN. Mr. President, I ask Aaron Nelson, to be granted privileges unanimous consent that the Com- of the floor for the remainder of the mittee on Foreign Relations be author- day. SA 3305. Mr. THUNE submitted an ized to meet during the session of the The PRESIDING OFFICER. Without amendment intended to be proposed to Senate on February 10, 2016, at 10 a.m. objection, it is so ordered. amendment SA 2953 proposed by Ms. The PRESIDING OFFICER. Without Mr. MARKEY. Mr. President, I ask MURKOWSKI to the bill S. 2012, to pro- objection, it is so ordered. unanimous consent that Gene Gerzhoy, vide for the modernization of the en- a fellow working in my office, have full COMMITTEE ON FOREIGN RELATIONS ergy policy of the United States, and privileges during this session of the Mr. CORNYN. Mr. President, I ask for other purposes; which was ordered 114th Congress. unanimous consent that the Com- to lie on the table; as follows: The PRESIDING OFFICER. Without mittee on Foreign Relations be author- objection, it is so ordered. At the appropriate place, insert the fol- ized to meet during the session of the Mr. INHOFE. Mr. President, I ask lowing: Senate on February 10, 2016, at 10:15 unanimous consent that my defense SEC. lll. MODIFICATION OF DEFINITION OF a.m., to conduct a hearing entitled fellow, SGM Travis Votaw, be granted SPORT FISHING EQUIPMENT UNDER ‘‘U.S. Policy in Central Africa: The Im- floor privileges for the remainder of THE TOXIC SUBSTANCES CONTROL perative of Good Governance.’’ ACT. this calendar year. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without Section 3(2)(B) of the Toxic Substances objection, it is so ordered. objection, it is so ordered. Control Act (15 U.S.C. 2602(2)(B)) is amend- COMMITTEE ON HOMELAND SECURITY AND Ms. MURKOWSKI. Mr. President, I ed— GOVERNMENTAL AFFAIRS (1) in clause (v), by striking ‘‘and’’ at the ask unanimous consent that Maj. Mat- Mr. CORNYN. Mr. President, I ask thew Schroeder, a defense fellow in my end; unanimous consent that the Com- (2) in clause (vi) by striking the period at office, and LCDR Amy McElroy, a the end and inserting ‘‘, and’’; and mittee on Homeland Security and Gov- Coast Guard fellow in my office, be (3) by inserting after clause (vi) the fol- ernmental Affairs be authorized to granted privileges of the floor for the lowing: meet during the session of the Senate remainder of the 114th Congress. ‘‘(vii) any sport fishing equipment (as such on February 10, 2016, at 10 a.m. The PRESIDING OFFICER. Without term is defined in section 4162(a) of the Inter- The PRESIDING OFFICER. Without objection, it is so ordered. nal Revenue Code of 1986) the sale of which is objection, it is so ordered. Mr. KAINE. Mr. President, I ask subject to the tax imposed by section 4161(a) COMMITTEE ON THE JUDICIARY unanimous consent that Sanjay Mukhi, of such Code (determined without regard to any exemptions from such tax provided by Mr. CORNYN. Mr. President, I ask Michael Pascual, and Heather Ichord, section 4162 or 4221 or any other provision of unanimous consent that the Com- congressional fellows in my office, be such Code), and sport fishing equipment mittee on the Judiciary be authorized granted floor privileges for the remain- components.’’. to meet during the session of the Sen- der of the 114th Congress.

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00074 Fmt 0686 Sfmt 0634 E:\BR16\S10FE6.002 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1660 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 February 10, 2016 The PRESIDING OFFICER. Without enacted laws containing the same basic changes in U.S. law will be needed for objection, it is so ordered. rules on electronic commerce, whether the United States to implement certain f based on UETA or on functionally provisions of the treaty. Proposed leg- equivalent provisions. The Federal islation is being submitted to both REMOVAL OF INJUNCTION OF SE- statute allows States that enact houses of the Congress in conjunction CRECY—TREATY DOCUMENT NOS. UETA, or equivalent standards, to be with this transmittal. 114–5, 114–6, 114–7, 114–8, 114–9, AND subject to their State law, and not the I recommend that the Senate give 114–10 corresponding provisions of the Federal early and favorable consideration to Mr. MCCONNELL. Mr. President, as law. the Marrakesh Treaty, and give its ad- in executive session, I ask unanimous The United States proposed and ac- vice and consent to its ratification. consent that the injunction of secrecy tively participated in the negotiation BARACK OBAMA. be removed from the following treaties of the Convention at the United Na- THE WHITE HOUSE, February 10, 2016. transmitted to the Senate on February tions Commission on International To the Senate of the United States: 10, 2016, by the President of the United Trade Law. Accession by the United With a view to receiving the advice States: U.N. Convention on the Use of States can be expected to encourage and consent of the Senate to ratifica- Electronic Communications in Inter- other countries to become parties to tion, subject to certain declarations national Contracts, Treaty Document the Convention, and having a greater and understandings set forth in the en- No. 114–5; Marrakesh Treaty to Facili- number of parties to the Convention closed report, I transmit herewith the tate Access to Published Works for should facilitate electronic commerce United Nations Convention on the As- Persons Who Are Blind, Visually Im- across borders. signment of Receivables in Inter- paired, or Otherwise Print Disabled, The Convention would be imple- national Trade, done at New York on Treaty Document No. 114–6; U.N. Con- mented through Federal legislation to December 12, 2001, and signed by the vention on the Assignment of Receiv- be proposed separately to the Congress United States on December 30, 2003. ables in International Trade, Treaty by my Administration. The report of the Secretary of State, Document No. 114–7; Beijing Treaty on The Convention has been endorsed by which includes an overview of the pro- Audiovisual Performances, Treaty Doc- leading associations and organizations posed Convention, is enclosed for the ument No. 114–8; U.N. Convention on in this area, including the American Bar Association and the United States information of the Senate. Independent Guarantees and Stand-By The Convention sets forth modern Letters of Credit, Treaty Document Council on International Business. The United States Government worked uniform rules governing the assign- No. 114–9; and Extradition Treaty with ment of receivables for use in inter- the Dominican Republic, Treaty Docu- closely with the Uniform Law Commis- sion regarding the negotiation and do- national financing transactions. In par- ment No. 114–10. I further ask that the ticular, the Convention facilitates the treaties be considered as having been mestic implementation of the Conven- tion. use of cross-border receivables financ- read the first time; that they be re- ing by: (a) recognizing the legal effec- ferred, with accompanying papers, to I recommend, therefore, that the Senate give early and favorable consid- tiveness of a wide variety of modern re- the Committee on Foreign Relations ceivables financing practices; (b) over- and ordered to be printed; and that the eration to the Convention and give its advice and consent to ratification, sub- riding certain contractual obstacles to President’s messages be printed in the receivables financing; and (c) providing RECORD. ject to certain understandings and dec- larations. clear, uniform conflict-of-laws rules to The PRESIDING OFFICER. Without determine which country’s domestic objection, it is so ordered. BARACK OBAMA. THE WHITE HOUSE, February 10, 2016. law governs priority as between the as- The messages of the President are as signee of a receivable and competing follows: To the Senate of the United States: claimants. To the Senate of the United States: With a view to receiving the advice As a global leader in receivables fi- With a view to receiving the advice and consent of the Senate to ratifica- nancing, the United States actively and consent of the Senate to ratifica- tion, I transmit herewith the Marra- participated in the negotiation of this tion, subject to certain declarations kesh Treaty to Facilitate Access to Convention at the United Nations Com- and understandings, I transmit here- Published Works for Persons Who Are mission on International Trade Law with the United Nations Convention on Blind, Visually Impaired, or Otherwise with the support of U.S. business inter- the Use of Electronic Communications Print Disabled, done at Marrakesh on ests. Drawing on laws and best prac- in International Contracts (Conven- June 27, 2013 (Marrakesh Treaty). I also tices prevalent in the United States tion), done at New York on November transmit, for the information of the and other countries where receivables 23, 2005, and entered into force on Senate, a report of the Secretary of financing flourishes, the Convention March 1, 2013. The report of the Sec- State with respect to the Marrakesh would promote the availability of cap- retary of State, which includes an Treaty that includes a summary of its ital and credit at more affordable rates overview of the Convention, is enclosed provisions. and thus facilitate the development of for the information of the Senate. This copyright treaty, concluded international commerce. Widespread The Convention sets forth modern under the auspices of the World Intel- ratification of the Convention would rules validating and facilitating the lectual Property Organization (WIPO), help U.S. companies, especially small- use of electronic communications in advances the national interest of the and medium-sized enterprises, obtain international business transactions. United States in promoting the protec- much-needed working capital financing The Convention will promote legal uni- tion and enjoyment of creative works. from U.S. banks and other lenders to formity and predictability, and thereby The Marrakesh Treaty lays a founda- export goods, and thereby help create lower costs, for U.S. businesses en- tion, in a manner consistent with ex- more jobs in the United States. gaged in electronic commerce. isting international copyright stand- The rules set forth in the Convention The Convention’s provisions are sub- ards, for further opening up a world of do not differ in any significant respect stantively similar to State law enact- knowledge for persons with print dis- from those contained in existing U.S. ments in the United States of the 1999 abilities by improving their access to law. In particular, in virtually all cases Uniform Electronic Transactions Act published works. application of the Convention will (UETA), and to the governing Federal The United States played a leader- produce the same results as those law, the Electronic Signatures in Glob- ship role in the negotiation of the trea- under the Uniform Commercial Code al and National Commerce Act, Public ty, and its provisions are broadly con- Article 9, which all States and the Dis- Law 106–229 (June 30, 2000). Consistent sistent with the approach and struc- trict of Columbia, Puerto Rico, and the with the Federal law, all States have ture of existing U.S. law. Narrow Virgin Islands have enacted.

VerDate Sep 11 2014 09:30 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00075 Fmt 0686 Sfmt 0634 E:\BR16\S10FE6.002 S10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—SENATE, Vol. 162, Pt. 2 1661 I recommend, therefore, that the States on December 11, 1997. The report treaties recently concluded by the Senate give early and favorable consid- of the Secretary of State, which in- United States. It would replace an out- eration to the Convention and give its cludes an overview of the proposed moded list of extraditable offenses with advice and consent to ratification, sub- Convention, is enclosed for the infor- a modern ‘‘dual criminality’’ approach, ject to certain declarations and under- mation of the Senate. which would enable extradition for takings set forth in the enclosed re- As a leader in transactional finance, such offenses as money laundering and port. the United States participated in the other newer offenses not appearing on BARACK OBAMA. negotiation of this Convention at the the list. The Treaty also contains a THE WHITE HOUSE, February 10, 2016. United Nations Commission on Inter- modernized ‘‘political offense’’ clause national Trade Law with the support of and provides that extradition shall not To the Senate of the United States: U.S. commercial and financial inter- be refused based on the nationality of With a view to receiving the advice ests. The Convention establishes com- the person sought. Finally, the Treaty and consent of the Senate to ratifica- mon rules on stand-by letters of credit incorporates a series of procedural im- tion, I transmit herewith the Beijing and other independent guarantees, in- provements to streamline and speed Treaty on Audiovisual Performances, struments that are essential to inter- the extradition process. done at Beijing on June 24, 2012 (Bei- national commerce, and thereby re- I recommend that the Senate give jing Treaty). I also transmit, for the duces the uncertainty and risk that early and favorable consideration to information of the Senate, a report of may be associated with cross-border the Treaty, and give its advice and con- the Secretary of State with respect to transactions. With two minor excep- sent to ratification. the Beijing Treaty that includes a sum- tions, the Convention’s provisions are BARACK OBAMA. mary of its provisions. substantively similar to the uniform THE WHITE HOUSE, February 10, 2016. This copyright treaty, concluded State law provisions in the Uniform f under the auspices of the World Intel- Commercial Code Article 5 (Letters of lectual Property Organization (WIPO), Credit), which all States and the Dis- advances the national interest of the ORDERS FOR THURSDAY, trict of Columbia, Puerto Rico, and the FEBRUARY 11, 2016 United States in promoting the protec- Virgin Islands have enacted. tion and enjoyment of creative works. Ratification by the United States of Mr. MCCONNELL. Mr. President, I The Beijing Treaty provides a modern this Convention can be expected to en- ask unanimous consent that when the international framework for the rights courage other countries to become par- Senate completes its business today, it of performers in motion pictures, tele- ties to the Convention. While eight adjourn until 9:30 a.m. on Thursday, vision programs, and other audiovisual countries currently are parties to the February 11; that following the prayer works, similar to that already in place Convention, having a greater number and pledge, the morning hour be for producers of such works, for au- of parties to the Convention would pro- deemed expired, the Journal of pro- thors, and for performers and producers mote the stability and efficiency of ceedings be approved to date, and the of sound recordings, pursuant to other international commerce. time for the two leaders be reserved for WIPO copyright treaties the United The Convention has been endorsed by their use later in the day; further, that States has joined. leading banking and business associa- following leader remarks, the Senate The United States played a leader- tions in the United States. then resume consideration of the con- ship role in the negotiation of the trea- The Convention would be imple- ference report to accompany H.R. 644, ty, and its provisions are broadly con- mented through Federal legislation to with the time until 10:30 a.m. equally sistent with the approach and struc- be separately transmitted by my Ad- divided between the two leaders or ture of existing U.S. law. Narrow ministration to the Congress. their designees. changes in U.S. law will be needed for I recommend, therefore, that the The PRESIDING OFFICER. Without the United States to implement certain Senate give early and favorable consid- objection, it is so ordered. provisions of the treaty. Proposed leg- eration to the Convention and give its f islation is being submitted to both advice and consent to its ratification, houses of the Congress in conjunction subject to certain understandings set ADJOURNMENT UNTIL 9:30 A.M. with this transmittal. forth in the enclosed report. TOMORROW I recommend that the Senate give BARACK OBAMA. Mr. MCCONNELL. Mr. President, if early and favorable consideration to THE WHITE HOUSE, February 10, 2016. the Beijing Treaty, and give its advice there is no further business to come be- and consent to its ratification, subject To the Senate of the United States: fore the Senate, I ask unanimous con- to a declaration pursuant to Article 11 With a view to receiving the advice sent that it stand adjourned under the of the Beijing Treaty as described in and consent of the Senate to ratifica- previous order. the accompanying Department of State tion, I transmit herewith the Extra- There being no objection, the Senate, report. dition Treaty between the Government at 7:02 p.m., adjourned until Thursday, February 11, 2016, at 9:30 a.m. BARACK OBAMA. of the United States of America and the Government of the Dominican Re- THE WHITE HOUSE, February 10, 2016. f public (the ‘‘Treaty’’), signed at Santo To the Senate of the United States: Domingo on January 12, 2015. I also NOMINATIONS With a view to receiving the advice transmit, for the information of the Executive nomination received by and consent of the Senate to ratifica- Senate, the report of the Department the Senate: tion, subject to certain understandings of State with respect to the Treaty. set forth in the enclosed report, I The Treaty would replace the extra- IN THE COAST GUARD transmit herewith the United Nations dition treaty between the United THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO A POSITION OF IMPORTANCE AND RESPONSIBILITY IN Convention on Independent Guarantees States and the Dominican Republic, THE UNITED STATES COAST GUARD AND TO THE GRADE and Stand-By Letters of Credit (Con- signed at Santo Domingo on June 19, INDICATED UNDER TITLE 14, U.S.C., SECTION 50: vention), done at New York on Decem- 1909. The Treaty follows generally the To be vice admiral ber 11, 1995, and signed by the United form and content of other extradition REAR ADM. KARL L. SCHULTZ

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The House met at 10 a.m. and was In the aftermath of the recession, we fundamental a human right as what we called to order by the Speaker pro tem- have seen States cut drinking water are doing to help poor people overseas pore (Mr. JODY B. HICE of Georgia). budgets and staff. The Federal Govern- achieve. f ment had cut our investment in drink- Mr. Speaker, I celebrate Secretary ing water infrastructure by more than Clinton and a number of our colleagues DESIGNATION OF SPEAKER PRO 80 percent by 1980. This, despite the going to Flint, Michigan, to focus on TEMPORE fact that ours is a growing country the problem. I applaud people who are The SPEAKER pro tempore laid be- with aging infrastructure that was looking at where the system failed, but fore the House the following commu- rated a D by the American Society of I would hope we would pay as much at- nication from the Speaker: Civil Engineers in their latest report. tention to the systematic failure of WASHINGTON, DC, Now, I am pleased that the adminis- Congress and at the State level to at- February 10, 2016. tration in its budget would put a little tach priority to this fundamental I hereby appoint the Honorable JODY B. extra money to help replace lead pipes. building block for a livable commu- HICE to act as Speaker pro tempore on this Sadly, that is being financed by cut- nity. day. ting even more from the Clean Water I hope my colleagues will join me, PAUL D. RYAN, Speaker of the House of Representatives. State Revolving Fund, essentially at not just in cosponsoring H.R. 4468, but the expense of keeping water clean in enacting the trust fund and fighting for f the first place. budgets that represent the resources MORNING-HOUR DEBATE We should look at our water infra- this crisis demands. The SPEAKER pro tempore. Pursu- structure as an entire system and in- f ant to the order of the House of Janu- creased Federal investment is long DEDICATED WATER ary 5, 2016, the Chair will now recog- overdue. We would have to increase our INFRASTRUCTURE TRUST FUND nize Members from lists submitted by funding 500 percent to reach the level the majority and minority leaders for of spending during Jimmy Carter’s The SPEAKER pro tempore. The morning-hour debate. presidency. Chair recognizes the gentlewoman from The Chair will alternate recognition I have long advocated the develop- North Carolina (Ms. FOXX) for 5 min- between the parties, with each party ment of a water infrastructure trust utes. limited to 1 hour and each Member fund. We have reintroduced a bipar- Ms. FOXX. Mr. Speaker, next week other than the majority and minority tisan, budget-neutral solution to create marks an important milestone in the leaders and the minority whip limited a dedicated water infrastructure trust history of North Carolina’s Piedmont to 5 minutes, but in no event shall de- fund to provide additional revenue to region—the 250th anniversary of the bate continue beyond 11:50 a.m. State and local water and sanitation founding of the town of Salem. f projects. It is financed by a voluntary In 1752, Moravian Church leaders pur- program where businesses that rely chased a 100,000-acre tract in North DEDICATED WATER heavily on clean water, like the bev- Carolina from the British Lord Gran- INFRASTRUCTURE TRUST FUND erage industry, for example, that have ville. On February 19, 1766, twelve Mo- The SPEAKER pro tempore. The a keen interest in maintaining water ravian brethren from nearby settle- Chair recognizes the gentleman from infrastructure would, on a voluntary ments made an 8-mile journey to estab- Oregon (Mr. BLUMENAUER) for 5 min- basis, pay a miniscule fee. In exchange, lish the town of Salem, a new commu- utes. they would be designated as supporting nity that would serve as the tract’s Mr. BLUMENAUER. Mr. Speaker, I the clean water trust fund. commercial center. came to Congress committed to help- It is estimated that this could gen- Moravian Church leaders decided ing the Federal Government do a bet- erate up to $7 billion annually in new that the new town should have the con- ter job dealing with water and sanita- revenue that could go to State and venience of running water to the build- tion. We have had great success inter- local governments as grants and loans, ings. The town built a waterworks, nationally raising the profile and di- which in turn could leverage even more which was constructed by burying recting more money in a more effective money. hollowed logs from springs located way to deal with water and sanitation This legislation would also give di- about a mile away. This addition to Sa- in poor countries, making a difference rection and resources for the EPA to lem’s infrastructure attracted the at- in millions of lives. deal with the affordability gap. We can tention of President George Wash- In the United States, we often take actually finance much of the needed ington, who visited in 1793. those conditions for granted. But as water and infrastructure improve- However, Washington was not the has been demonstrated recently in ments, but we are hamstrung because first famous visitor to Salem. In 1767, Flint, Michigan, we do so at our peril there is understandable reluctance to the royal Governor William Tryon because we have serious problems right raise rates that fall too much on the heard about the building going on in here in the United States. It is not just poorest of citizens. Thus, we are in a North Carolina’s northwest wilderness. Flint, Michigan. There are up to 10 mil- cycle of unpaid water and sewer bills He and his wife made the long journey lion lead water lines that remain where that leaves nobody with satisfactory from New Bern to examine the even a slight change in the water alternatives. Moravians’ new settlement firsthand. chemistry, even from just repairing it, This legislation would give more Along with its advanced plumbing, can damage lead pipes enough to start money to State and local governments, Salem was also at the forefront of in- contaminating people’s water. What is allowing them to leverage additional novative medicine and was home to the underground and out of sight is actu- money and to focus on ways to deal first university-educated physician in ally in worse condition than our crum- with a very substantial problem of low western North Carolina. In addition, bling roads and bridges. America leaks income for whom access to safe drink- Salem was known across the colonial more water than we drink every day. ing water and sanitation is every bit as South as a place of commerce and

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.

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR16\H10FE6.000 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 1663 trade, renowned for its pottery, fur- come tax credit and fair Medicaid treatment but Congress is responsible for its ac- niture, silver, and other artistic trades. be provided to Puerto Rico? Well, as a terri- tions and inaction as well. In 1913, the town of Salem, with its tory, Puerto Rico’s status does not afford it A balanced board will obtain buy-in focus on craftsmanship, sustainability, adequate tools in those three areas. So we from government, business, and labor believe that we need to afford the Common- education, and religion merged with wealth those tools that it needs so it can leaders in Puerto Rico and can serve as the fast-paced industrial town of Win- navigate this crisis. And we agree that over a bridge to a brighter future. However, ston, thus becoming Winston-Salem. a long period of time, status has contributed a punitive board that disrespects my Today, Winston-Salem is the fifth to this crisis. constituents and tramples on the prin- largest city in North Carolina. It is Since the problem in Puerto Rico has ciple of states’ rights will transform home to six colleges and universities, multiple dimensions, the legislative so- me from an ally to an adversary very including Salem College, the oldest lution should as well. First, the bill quickly. continuously running women’s college must empower Puerto Rico to restruc- f in the United States, as well as the ture a meaningful portion of its debt. prestigious Wake Forest University The bill could provide a period in which b 1015 and Winston-Salem State University. consensual negotiations between bond DEBT CEILING BILL IS Reaffirming this time-honored tradi- insurers and their creditors, mediated FINANCIALLY IRRESPONSIBLE tion of forging boldly ahead, the city by neutral experts, can take place. If continues to build a diverse business those negotiations do not bear fruit, The SPEAKER pro tempore. The space leading in the areas of nanotech- the Puerto Rico Government should be Chair recognizes the gentleman from nology research, finance, and manufac- empowered to authorize its instrumen- Alabama (Mr. BROOKS) for 5 minutes. turing. talities to adjust their debts under Mr. BROOKS of Alabama. Mr. Speak- The original settlement is a living chapter 9 of the Federal Bankruptcy er, America entrusted Republicans history museum that engages visitors Code, a right that every State has and with the House in 2010 and the Senate in an educational, historical experience that Puerto Rico used to have. in 2014. about those who lived and worked in Puerto Rico’s congressionally ap- Democrats lost Congress because the early South. proved constitution provides that their financially irresponsible conduct During the yearlong anniversary bonds issued or guaranteed by the cen- and trillion-dollar deficits threaten celebration, the Moravian Church, Old tral government receive priority pay- America with a debilitating insolvency Salem, the City of Winston-Salem, and ment. What binds us together as Amer- and bankruptcy. Forsyth County will honor important icans—and Puerto Ricans are proud House Republicans inherited a $1.3 milestones in the town’s 250-year his- American citizens—is our commitment trillion deficit in 2011. They cut it to tory, such as George Washington’s two- to the rule of law. $1.1 trillion in 2012, cut it to $680 billion night visit to Salem in 1739 and the Na- While I do not believe that Congress in 2013, cut it to $485 billion in 2014, and tion’s first public July 4th celebration should override Puerto Rico’s constitu- cut it to $439 billion in 2015. that took place in 1783. Most impor- tion, I do expect all creditor classes, in- House Republicans did what the tantly, the local community will come cluding GO bondholders, to make con- American people elected them to do. In together to celebrate and reflect on cessions for the public good that will each election thereafter, we were en- how Salem’s past informs its present ultimately benefit all stakeholders. I trusted with 2 more years of a House and shapes its future. sense that a bipartisan consensus is fi- Republican majority. Unfortunately, newly released data f nally emerging in support of reason- able debt restructuring authority for from the nonpartisan Congressional FORTHCOMING LEGISLATION ON Puerto Rico. Budget Office reveals America’s finan- PUERTO RICO Second, the bill should address the cial condition has taken a sharp turn The SPEAKER pro tempore. The outrageous disparities that Puerto for the worse. Chair recognizes the gentleman from Rico faces under key Federal programs, According to the CBO, the first quar- Puerto Rico (Mr. PIERLUISI) for 5 min- a main driver of our deficits and debt. ter fiscal year 2016 deficit deteriorated utes. Consider that historically, Puerto Rico by $36 billion compared to 2015’s first Mr. PIERLUISI. Mr. Speaker, Con- received $300 billion in annual Medicaid quarter deficit. If extrapolated to a full gress will hold its eighth hearing on funding, while the similarly sized Or- year, America’s FY 2016 deficit would Puerto Rico later this month. At the egon receives $5 billion. I challenge any be $583 billion. That is $144 billion direction of Speaker RYAN, the Natural State to run a decent Medicaid pro- worse than in fiscal year 2015. Resources Committee will then lead an gram with that insulting sum without Out-of-control spending was the prob- effort to craft legislation for the terri- overborrowing in the capital markets. lem, not taxes. During the first quar- tory. The record will demonstrate that Impossible. ter, tax revenues were up 4 percent, but there is not a single crisis in Puerto Finally, the Puerto Rico Government spending was up even more, at 7 per- Rico, but a series of intertwined crises. has a record of fiscal mismanagement. cent. It is an economic crisis, a fiscal crisis, This is a painful fact, but a fact none- Now, for the first time since I have a liquidity crisis, a debt crisis, an im- theless. We must face up to it, resolve been in Congress, Republican com- migration crisis, and a public adminis- to do better, and welcome some tem- promises and surrenders to Obama and tration crisis. porary assistance. I would support the Democrats have made America’s defi- If you visualize Puerto Rico as a tree creation of an independent board to ap- cits worse, not better. and each crisis as a withering branch, prove Puerto Rico Government’s finan- This Congress broke open our kids’ the root of the tree is Puerto Rico’s un- cial plan and annual budgets and to piggy banks, stole money we cannot equal and undignified political status. help ensure they are adhered to. pay back, and used it to pay for a tril- While the immediate aim is to mend The past is not always a prologue. lion-dollar omnibus spending bill that the branches, ultimately, we will need There is no reason why future Puerto adds tens of billions of dollars to 2016’s to attack the problem at its root and Rico leaders cannot embrace fiscal dis- deficit. I am proud I voted against the that means Puerto Rico must become a cipline, as distinct from austerity, and financially irresponsible omnibus. State or a sovereign nation. rapidly put the oversight board out of Mr. Speaker, America’s Comptroller Last week, Antonio Weiss, a senior business. And Congress should be care- General and the CBO repeatedly warn Treasury Department official, stated as ful about casting moral judgment on that America’s financial path is follows: Puerto Rico since the Federal Govern- ‘‘unsustainable,’’ meaning America There is no question that status is vitally ment has a $14 trillion debt that is 75 faces a debilitating insolvency and important. Why are we proposing that re- percent of the GDP. We, in Puerto bankruptcy unless we get our financial structuring authorities and the earned in- Rico, are responsible for our actions, house in order.

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR16\H10FE6.000 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1664 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 February 10, 2016 Further, the CBO warns that, absent Dengue fever is spread through the PFC JOSEPH P. DWYER VETERANS correction, America’s debt service very same Aedes aegypti mosquito as PEER SUPPORT PROGRAM costs will increase by $600 billion per carries the Zika virus, as well as other The SPEAKER pro tempore. The year within a decade, roughly what mosquito variations. Like the Zika Chair recognizes the gentleman from America spends on national defense, virus, Dengue fever symptoms include New York (Mr. ZELDIN) for 5 minutes. which begs the question: Where will fevers, rashes, joint and muscle pains, Mr. ZELDIN. Mr. Speaker, this week the money come from for an additional severe headaches, and other painful I introduced legislation in the House to annual $600 billion debt service pay- symptoms. expand the PFC Joseph P. Dwyer Vet- ment? The CDC has reported the harmful erans Peer Support Program to the na- America’s total debt approached $14 symptoms and effects of both Zika and tional level. trillion when I was elected to Congress Dengue and the ability of both of these PFC Joseph Dwyer was from Mount in 2010. We have blown through the $19 diseases to spread very rapidly through Sinai, New York, located in my home trillion mark. Now the CBO projects mosquitos present in many regions of district of Suffolk County. America will blow through the $29 tril- the United States, including in my PFC Dwyer served in Iraq and re- lion debt mark in a decade. home district. ceived nationwide recognition for a For emphasis, Washington is engaged So far, there have been around 50 photograph that went viral, showing in the worst generational theft in cases of Zika virus confirmed in the him cradling a wounded Iraqi boy while American history. Washington steals United States. But in the past 16 his unit was fighting its way up to the from our children and grandchildren weeks, there have been 252 known cases capital city of Baghdad. with a callous devil-may-care attitude of Dengue fever on Hawaii Island alone. Sadly, after returning home and so that we can today live high on the Now, Mayor Billy Kenoi, Hawaii struggling with PTSD, PFC Dwyer died hog, even though it forces our children County’s mayor, on Monday announced in 2008 and left behind a young widow, into hardship and poverty. a state of emergency for the county to Matina, and a 2-year-old daughter, Economic principles don’t care if you deploy more resources to battle this Meagan. are a family, a business, or a country. Dengue fever outbreak. In 2012, while serving in the New If you borrow more money than you I have asked our Governor to declare York State Senate, I created the can pay back, you go bankrupt. Time is a state of emergency in response to Dwyer Program as part of the 2012–2013 running out. Washington must balance this outbreak so that the people of Ha- State budget. Originally in four coun- the budget before America’s debt bur- waii can receive every resource avail- ties, including Suffolk, this program den spirals out of control, before it is able to protect themselves, to eradi- has since expanded to over a dozen too late to prevent the debilitating in- cate this mosquito and its breeding counties throughout New York. solvency and bankruptcy that awaits grounds, and stop the spread of Dengue The Dwyer Program is a peer-to-peer us. fever, which has quickly become the support program for veterans suffering Mr. Speaker, Americans are right- largest outbreak in the State of Hawaii from post-traumatic stress disorder fully angry at Washington elected offi- since the 1940s. and traumatic brain injury. The pro- cials who care more about special in- The CDC has activated its emergency gram provides a safe, confidential, and terest campaign contributions than operations center to level 1 status. educational platform where all vet- American voters or America’s future. erans are welcome to build vet-to-vet Will the American people channel Now, to put this level 1 status in con- text, the CDC has only raised the emer- relationships, supporting each other’s their anger in the 2016 elections and transition from service to post-service elect Washington officials who both un- gency operations center to level 1 three times in the past: during the Ebola life. derstand the threat posed by deficits During the first year alone, we were outbreak in 2014, during the H1N1 pan- and debt and have the backbone to fix able to conduct 148 group sessions, demic in 2009, and after Hurricane it? The answer to that question deter- serving 450 veterans just within Suf- mines whether America continues as a Katrina in 2005. folk. Since 2013, the program has The President’s leadership and emer- great nation and world power or de- helped over 1,500 veterans in New York gency request on this urgent issue is clines into the dustbin of history. State battling PTSD and TBI. Mr. Speaker, I can’t speak for anyone warranted and necessary to respond ag- With the success that we have had in else, but as for me, MO BROOKS from gressively to the Zika virus early on. New York, I know that, if we make this Alabama’s Fifth Congressional Dis- He is treating this with the seriousness program national, we will ensure that trict, I fight for financial responsi- it deserves, recognizing this global pub- every veteran across America will bility and prosperity and against an lic health threat, the impacts, and eventually have access to a peer-to- American bankruptcy and economic long-lasting effects of which still are peer support group. depression. not fully known. With the VA reporting that an esti- At the end of last year, Congress f mated 22 veterans a day commit sui- came together and passed a bipartisan cide, this national effort is long over- EMERGENCY REQUEST FOR $1.8 omnibus spending bill that increased due. We must ensure that all veterans BILLION TO FIGHT ZIKA VIRUS funding for public health preparedness across America receive the proper care The SPEAKER pro tempore. The and response by more than $52 million they need and deserve. Chair recognizes the gentlewoman from than the previous fiscal year, but this I will be working hard to spread Hawaii (Ms. GABBARD) for 5 minutes. additional emergency funding request awareness of my bill, gather cosponsors Ms. GABBARD. Mr. Speaker, I rise is necessary now in communities like and the support of veteran groups and today to strongly urge my colleagues mine on Hawaii Island and in different mental health organizations from all to support the President’s emergency parts of the country to combat disease- across the country so that we can pass request of $1.8 billion to fight the transmitting mosquito viruses like this bill as soon as possible. spread of the Zika virus, a dangerous, Zika and Dengue fever. WE MUST ACT NOW ON THE ZIKA VIRUS mosquito-borne illness that has sur- It is imperative that Congress, Fed- Mr. ZELDIN. Mr. Speaker, shifting faced in my home State of Hawaii and eral agencies, local governments, and gears, on a completely separate topic, I in at least 12 other States across the private sector partners partner to- also rise today to discuss the mosquito- country. gether to take action now to deal with borne Zika virus, which has spread at The symptoms and effects of the Zika the outbreaks we already have and pre- rapid rates across South America, Cen- virus, which have prompted an inter- vent something far worse from occur- tral America, and the Caribbean, in- national public health emergency from ring. fecting individuals in more than 25 the World Health Organization, are not I look forward to working with my countries. dissimilar to another mosquito-borne colleagues to push this critical public Zika has caused widespread alarm disease, Dengue fever. health funding forward. across the global community after

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR16\H10FE6.000 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 1665 Brazil reported a rise in the reported served as a means to demagogue Israel lent coup that brought the Ayatollah cases of microcephaly, a disease that and inflame tensions in communities Khomeini to power and transferred leads tragically to a baby being born and college campuses around our Na- Iran into a fundamentalist Islamic the- with an unusually small head and brain tion. ocracy and the world’s largest state damage. Rather than sit back and react to the sponsor of terrorism. What is so concerning about the Zika BDS movement’s aggressive efforts to It is a dark period of history, Mr. virus is how easily it can spread. The foment hatred for Israel, it is time to Speaker. Thousands of innocent people virus is spread not only through a mos- take charge and simply say: ‘‘Enough.’’ were killed as the revolutionaries con- quito bite, but also by contact with in- It is time to go on offense against the solidated power. The U.S. Embassy was fected blood or sexual contact. BDS movement’s ongoing economic overrun and more than 50 Americans Furthermore, there is currently no warfare targeting Israel. were held hostage for 444 days. vaccine to prevent or any medicine to That is why I am proud to announce The United States has seen six Presi- treat the virus. All these factors have the Combating BDS Act of 2016, bipar- dents since 1979, reflecting a broad led the World Health Organization to tisan legislation that I am introducing range of leadership styles and gov- declare the Zika virus a public health with the gentleman from California erning philosophies. The Islamic Re- emergency. (Mr. VARGAS), a courageous leader in public has been led by two Supreme Confirmed cases of the Zika virus the anti-BDS movement. Leaders, both zealots fanatically com- have been popping up across the U.S., The Combating BDS Act of 2016 af- mitted to the revolutionary ideas they including at least three confirmed firms on the Federal level the author- espouse being celebrated on the streets cases in my home district of Suffolk ity of State and local governments to of Tehran on this day. Make no mis- County, Long Island. divest public funds or entities that en- take, Mr. Speaker, we are dealing with With the recent outbreaks and the gage in commerce or investment-re- the same Iran today as we were in 1979. number of Zika cases among travelers lated boycott, divestment, or sanctions The only day being celebrated by visiting or returning to the United activity targeting Israel. some Americans at the moment is States, it is only a matter of time be- Here is why this idea is so important. implementation day, as President fore this becomes a widespread epi- Similar to previous local efforts to di- Obama’s dangerous nuclear deal has demic right here at home. This is why vest from companies doing business now come and gone. The world is much we must act now. with Iran, we are now seeing a growing more dangerous because of it. I recently introduced legislation, the movement in State and local govern- Iran, the leading patron of global ter- Counterterrorism Screening and As- ments throughout the Nation to enact rorism, just received a $100 billion sistance Act of 2016, H.R. 4314, which measures to divest public funds from check. The mullahs continue to foment passed the House Committee on For- entities participating in anti-Israel violence and chaos across the Middle eign Affairs with bipartisan support. BDS. East, and their nuclear structure re- One key aspect of this legislation is mains intact. The Obama administra- b 1030 that the bill would put in place a moni- tion has long argued that we would toring system that would screen for in- The Combating BDS Act of 2016 only be giving them $50 billion, but fectious diseases abroad to contain and strengthens these efforts by affirming even they have conceded that it is clos- prevent any potential outbreaks. the legal authority of State and local er to $100 billion or more. The bill also helps quarantine the governments to act on divestment We were also told that Iran would virus, authorizing the Secretary of without running afoul of any potential moderate its behavior as a result of Homeland Security to provide equip- Federal limitations. this capitulation. Just in the past few ment and supplies to mitigate the risk This important legislation empowers weeks, Iran captured and humiliated or threat of infectious diseases such as community leaders and individuals American sailors, illegally launched Zika. who seek to counter the hateful tar- ballistic missiles, fired rockets within This is a measure that is long over- geting and delegitimization against 1,500 yards of U.S. ships, and flew a due to protect not only our homeland Israel, and it sends an unquestionable drone over a U.S. aircraft carrier. The from terrorism, but also to ensure that message about where the United States list goes on and on. we are prepared to combat the spread Congress stands on BDS. Iranian Special Forces continue to of any infectious diseases. With this This is not about left versus right. assist al-Assad in his slaughter of inno- bill’s passage out of committee, it is This is about right versus wrong. It cents in Syria. Over 200,000 have been clear that my colleagues in Congress must remain bipartisan. As the author killed so far. Iranian-backed militias share my view. of the Combating BDS Act of 2016, I are likely responsible for kidnapping I will continue to push for full pas- look forward to working with my col- three American contractors in Iraq. sage of my Counterterrorism Screening leagues on both sides of the aisle to ad- It doesn’t take much imagination to and Assistance Act in the House and vance this powerful and important leg- figure out what Iran will do with an- urge my colleagues to bring this bipar- islation. other $100 billion, which is the windfall tisan bill to the House floor for a vote. f that they are about to receive based on f this bad deal. As President Obama and IRAN’S HOSTILITY MUST BE Secretary Kerry have both begrudg- COMBATING BDS ACT OF 2016 COMBATED ingly admitted, it is nearly certain The SPEAKER pro tempore. The The SPEAKER pro tempore. The that the Iranians will use this money Chair recognizes the gentleman from Chair recognizes the gentleman from to sow the seeds of even more death Illinois (Mr. DOLD) for 5 minutes. Illinois (Mr. ROSKAM) for 5 minutes. and destruction. Think about that. Mr. DOLD. Mr. Speaker, in recent Mr. ROSKAM. Mr. Speaker, I rise They are nearly certain that part of years, the boycott, divestment, and today to speak about the Islamic Re- this $100 billion will go there. sanctions movement, more commonly public of Iran—its past and its future. The Islamic Republic is not our known as the BDS movement, has been February 11 is just an ordinary day friend, Mr. Speaker. It is a dangerous employed as a hateful weapon to for Americans, but in Iran, tomorrow is geopolitical foe. It is led by a cult of delegitimize the State of Israel and all anything but ordinary. Military pa- extremists that are hellbent on our an- those who stand with her. rades and massive state-sponsored cele- nihilation. Yet President Obama will The BDS movement has neither brations fill the streets of Tehran and do nothing to stem the tide of the Aya- brought Israelis and Palestinians clos- cities across the Islamic Republic. In tollah’s ambitions. er to peace nor advanced the laudable just a few hours, it will be Islamic Rev- When faced with an adversary whose goal of improving dialogue between the olution’s Victory Day in Iran. The re- theology and eschatology are fun- supporters of both sides. Instead, it has gime celebrates 37 years since the vio- damentally incompatible with peace

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR16\H10FE6.000 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1666 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 February 10, 2016 and world order, the United States, ered protection’’ that experts agree is see the terms of agreements made with under President Obama’s leadership, needed. countries where detainees have and chose a path of appeasement. I truly That is why I have introduced the will be transferred. believe President Obama has made per- Saracini Aviation Safety Act. This is a There are 55 countries, by the way, haps the most dangerous foreign policy one-page bill named after my con- including the likes of Yemen, Somalia, blunder in our lifetime. We are now stituent, United Airlines pilot Victor Pakistan, Libya, Iraq, and Iran. facing a newly emboldened, cash-rich, J. Saracini, whose life was taken when Yemen, really? Libya is a failed state— radical Islamic regime fully committed his aircraft was hijacked and flown which we may have had a great part in to weakening our Nation, terrorizing into the South Tower of the World creating—and we are sending terrorists the West, and destroying our way of Trade Center on September 11. It re- there to be detained? Think about it. life. quires that these cost-effective sec- What incentive would it take for you Mr. Speaker, it is up to Congress to ondary barriers be included on large to bring a terrorist to your country? to do everything in our power to keep as passenger aircraft. your neighborhood? to your home? much of this money as possible out of We promised to never forget those In particular, I am interested in the the hands of Iran’s terrorist proxies. lost on 9/11 and the lessons learned by agreements’ provisions to mitigate the The Congress must move swiftly to all of us on that tragic day; yet after inherent danger posed by detainee strengthen terrorism- and human many years and more than 40 hijacking transfers. Specifically, what were the rights-related sanctions against Iran attempts around the world, including provisions aimed at preventing re- and its Islamic Revolutionary Guard five that were successful, we are still engagement? Were there any? How did Corps. The Congress must maintain not taking this threat seriously. we ensure accountability by the home strict oversight over Iran’s nuclear Mr. Speaker, I will continue to advo- countries? What did these nations do to program as its infrastructure remains cate for the adoption of this common- prevent contact with known terrorists, intact. sense policy, both as a stand-alone bill especially in countries that are full of Iran’s hostility must be combated, or as part of a larger piece of legisla- terrorists, like Yemen or Somalia? Mr. Speaker, and this body should not tion like the FAA reauthorization, and How did we ensure these countries offer abrogate that responsibility, even if I urge my colleagues to join me. no form of aid and assistance to ter- our President already has. rorist organizations? f The President says detaining these f GTMO people is a recruiting magnet. Well, I SARACINI AVIATION SAFETY ACT The SPEAKER pro tempore. The wonder if we shouldn’t detain gang The SPEAKER pro tempore. The Chair recognizes the gentleman from members in our country. It is a right of Chair recognizes the gentleman from Pennsylvania (Mr. PERRY) for 5 min- passage to go to prison if you are in a Pennsylvania (Mr. FITZPATRICK) for 5 utes. gang. Should we let them all out, too? minutes. Mr. PERRY. Mr. Speaker, one of the According to that logic, incarcerating Mr. FITZPATRICK. Mr. Speaker, in most oft-repeated campaign promises them creates more of them. He also says that detaining them in- light of recent reports of ISIS entering from President Obama’s 2008 campaign definitely, without a trial, violates Europe disguised as refugees and a ter- was his determination to close the U.S. America’s principles. You know what? rorist having just tried to take down Guantanamo Bay detention facility. He is right. You ought to ask your- an aircraft, I think it is important to Congress, a coequal branch of govern- selves as taxpayers: Why did we pay understand the threats we face, but ment representing each citizen and re- millions of dollars for a state-of-the- also to learn from the past. elected every 2 years, hasn’t come to art court facility for sensitive and top- In the 9/11 Report, al Qaeda master- the same conclusion as President secret information during a trial, and mind Khalid Sheikh Mohammed told Obama about the status of GTMO mov- yet no one has been put on trial? It is al Qaeda terrorists to watch the cock- ing forward. Because of this, we have right there next to the detention facil- pit doors at takeoff and landing to ob- blocked funding for its closure year ity. I walked through it myself. Why serve whether the captain went into after year after year. can’t the military tribunals take place We have strong reasons for concern. the lavatory during the flight and to so we can find out what the deal is with note whether the flight attendants Last September, the Director of Na- these people and have them incarcer- brought food into the cockpit. tional Intelligence reported that 117 ated correctly or set them free? It We all know what happened when transferred detainees are confirmed to doesn’t happen at all. these attackers stormed the flight deck be reengaging in terrorist activities, President Obama declared to Amer- and turned our airliners into weapons with another 79 suspected to have done ica in 2013 that his administration is of war. But today, more than 14 years so. Disturbingly, this amounts to a full ‘‘the most transparent administration after the attacks of September 11, the 30 percent of transferred detainees ei- in history.’’ I will take some issue with FAA still admits the cockpit is vulner- ther confirmed or suspected of re- that. Despite that fact, the President able when the reinforced door has to be engaging in terrorist activities. has clearly not lived up to this stand- opened. That is unacceptable. The Director’s report clearly shows ard recently. We know that terrorists study our that the detainee transfer process is I sincerely hope that the President vulnerabilities and make their plans obviously deeply flawed and poses a will give his promise of transparency accordingly. Yet, even after the rec- significant unnecessary and unaccept- higher priority than the priority given ommendations of the 9/11 Commission able risk to the security of our Nation to unilaterally closing GTMO as part of emphasized the importance of ‘‘a lay- and, quite frankly, the world. a final-year, legacy-driven agenda. It is ered security system,’’ we have not The high percentage of reengagement not about his agenda. It is about the taken the simple, cost-effective step to clearly exposes the fact that we have security of our Nation. It should be protect the skies above us with the in- just simply failed to properly identify about the security of the world. These stallation of secondary barrier doors. the threat posed by transferred detain- folks should not be let out. They These lightweight, wire-mesh gates ees and provide necessary safeguards to should be given due process. They cer- can be closed whenever the cockpit protect our citizens—safeguards that tainly shouldn’t be sent to countries door is opened and effectively protect should have been in place before one that are terrorist in nature. against a terrorist—or team of terror- single transfer ever took place. Finally, the American people should ists—rushing the cockpit by providing Given the dire national security im- know what the deal is. How much is the pilot enough time to recognize the plications posed by these detainee this costing? Are we sending arms to threat and reenter and lock the rein- transfers, I, along with 23 of my col- these countries? What are the arrange- forced cockpit door. They are easy to leagues in this House, sent a letter last ments? There are 55 countries. Why deploy and stow, and provide the ‘‘lay- week to President Obama requesting to would they take these terrorists?

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR16\H10FE6.000 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 1667 RECOGNITION OF NATIONAL BOY Scouting prepares youth to be pro- Last year, the number of fatal SCOUTS DAY ductive and successful members of the overdoses from prescription painkillers The SPEAKER pro tempore. The workforce. The program introduces our increased by 16 percent and, from her- Chair recognizes the gentleman from youth to countless career opportuni- oin, 28 percent in the United States. In Pennsylvania (Mr. THOMPSON) for 5 ties, including the STEM fields. West Virginia, the story is even worse. minutes. As a Scout Master for almost three According to a recent study by the Mr. THOMPSON of Pennsylvania. decades, I have seen these 11-year-old Trust for America’s Health, the Moun- Mr. Speaker, this past Monday, Feb- youths, until the time they become 18 tain State has the highest rate of over- ruary 8, is recognized by many as Na- and go on into life, the career paths dose deaths in the entire United tional Boy Scouts Day, marking the in- they were exposed to for the first States. corporation of the Boy Scouts of Amer- time—whether it was medicine, or This issue is above party politics. It ica 106 years ago. teaching, or professional fire fighting, is a plague that all Americans must I have spent close to four decades as or across the board—through the come together to solve. That is why, a scoutmaster, Juniata Valley Boy Scouting experience. What employer yesterday, I introduced H.R. 4499, the Scout Council executive board member would not benefit from an employee Promoting Responsible Opioid Pre- and council president, and as a scout- with practical exposure from an orga- scribing Act. This bipartisan bill ing dad. My wife and I are scouting nization that emphasizes values, serv- strikes a harmful provision of parents, with three sons we are very ice, and leadership? ObamaCare that places unnecessary proud of who are Eagle Scouts today. Scouting fosters the values that pressure on doctors and hospitals to In my own scouting experience, I was make communities strong and pre- prescribe narcotic pain medicine. honored to become one of just 2,000 ferred for families to set down roots This concern was brought to my at- people, since 1969, to receive the na- and to contribute. tention while meeting with doctors and tional Distinguished Eagle Scout Scouting offers the world’s finest other healthcare professional workers Award. leadership training for adults and in Charleston, West Virginia, who are It was my experience in scouting youth, leadership training that can be active in our State’s medical society. that first sparked my interest in public generalized to any occupations, includ- In other words, this was their idea. I service—in the vein of the Boy Scout ing the United States House of Rep- thank them for bringing this to my at- promise, which urges us, in part, to do resentatives. tention, and I encourage others to our duty to God, to our country, and in As frequently said, ‘‘Scouting is out- bring any ideas to help fight back the service of other people. ing.’’ Scouting is the youth leadership against the opium epidemic to your Scouting got its start around the program that is grounded, not just in local Congressman. turn of the last century, thanks to the values, but in the beauty and the na- In 2006, the Centers for Medicare and efforts of British Army Officer Robert ture of the outdoors, building apprecia- Medicaid Services, CMS, and the De- Stephenson Smyth Baden-Powell. tion and respect for God’s creation and partment of Health and Human Serv- As Scouting history has it, in 1909, a for active lives, for being physically ac- ices developed a survey called the Hos- Chicago businessman, a publisher, Wil- tive, that is so desperately needed pital Consumer Assessment of liam D. Boyce, who actually grew up in today. Healthcare Providers and Systems, western Pennsylvania, lost his way in a Now it is my hope that this wonder- pronounced ‘‘H-caps,’’ for short. dense fog in London. ful organization continues to con- HCAHPS is a standardized survey used b 1045 tribute to the lives of young men and to measure patient perspectives and A young boy came to his aid, guiding young ladies for generations to come. satisfaction on the care they receive in Mr. Boyce to his destination. And in f hospital settings. the end, when Mr. Boyce offered that At first, hospitals used this survey on PRESCRIPTION DRUG EPIDEMIC IN an optional basis. However, when young boy a tip, a coin, the boy refused WEST VIRGINIA the tip offered by Mr. Boyce stating: ObamaCare became law in 2010, it put Sir, I am a Scout, and Scouts do not The SPEAKER pro tempore. The in place ‘‘pay for performance’’ provi- take rewards for doing good turns. Chair recognizes the gentleman from sions that use these survey results as a Well, that young boy was a Scout. We West Virginia (Mr. MOONEY) for 5 min- factor in calculating Medicare reim- don’t know his identity today, but he utes. bursement rates for physicians and certainly has changed our country. Mr. MOONEY of West Virginia. Mr. hospitals on quality measures. That single act of volunteerism gave Speaker, every morning, countless This provision of ObamaCare was in- birth to what became the Boy Scouts West Virginians wake up fearing that tended to save money and to force im- of America, incorporated in 1910. they lost a loved one to drugs the night provements on hospital performance. In 2013, there were more than 2.6 mil- before; and every morning, far too However, it has led to unintended con- lion members of the Boy Scouts of many West Virginians find this fear sequences in the area of pain manage- America. The program today serves not has come true. ment. just boys, but also girls in our Scout- The prescription drug abuse epidemic The HCAHPS survey contains three ing Venturing program. in our State is a tragedy that we can- questions on pain management: In a time which has, in many ways, not afford to ignore. It ravages our One, during this hospital stay, did been highlighted by a decline of vol- communities, rips families apart, you need medicine for pain? unteerism and criticism of perhaps our stunts the development of our youth, Two, during this hospital stay, how younger newest generations, I know and further ruptures our State’s al- often was your pain well-controlled? that our Nation’s future is in good ready ailing economy. Three, during this hospital stay, how hands with those who live and dedicate Overuse of prescription pain medica- often did the hospital staff do every- themselves to the Scout Oath or the tion is one of the leading causes of thing they could to help you with your Scout Promise, which they state at the opioid addiction. When a patient has pain? beginning of every meeting and they more narcotic pain medication than Because of the tie to reimbursement, end with. The words since that time they need after a medical event, this hospitals and physicians are pressured are: excess medication can fall into the to perform well under HCAHPS, includ- ‘‘On my honor, I will do my best to wrong hands; and a narcotic pain medi- ing the pain management questions. do my duty to God and my country and cation in the wrong hands often leads However, doctors, not the Federal Gov- to obey the Scout Law; to help other to addiction. In fact, the National In- ernment, know how best to treat pa- people at all times; to keep myself stitute on Drug Abuse has found that 1 tients, and that includes the question physically strong, mentally awake, and in 15 people who take nonmedical pre- of how best to use narcotic pain medi- morally straight.’’ scription pain relievers will try heroin. cation.

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR16\H10FE6.000 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1668 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 February 10, 2016 The PROP Act would remove these is a result of the hard work and dili- the regime needed a replacement for pain management questions from con- gence of David’s parents, siblings, and him. sideration when CMS is conducting re- cousins. They deserve answers. They Just this past Sunday, North Korea’s imbursement analysis. However, the deserve to have their government do rocket launch, in defiance of sanctions patient would still answer the survey everything possible to determine what and against explicit counsel of the questions so that hospitals can mon- happened to David. international community, reminded us itor patient satisfaction. I should also add that David’s story that North Korea doesn’t operate on By severing the relationship between is personal to me. He was a close friend the same norms that guide diplomacy HCAHPS questions on pain manage- of my oldest son, Sean. In fact, fol- for most of the rest of the world. They ment and reimbursement, doctors lowing David’s 2-year missionary serv- are a criminal enterprise more than a would no longer feel the undue pressure ice in South Korea, David taught my government, and they can do nothing to overprescribe opioid narcotics to son Sean the Korean language as he for their own people, let alone for other people they believe may be abusing it. was preparing to begin his own mis- nations. This simple change will help reduce ac- sionary service in South Korea. Mr. Speaker, I don’t raise the possi- cess to narcotic pain medication for Though I have not met David, I am bility regarding David Sneddon’s dis- patients who do not need it, thereby re- grateful for the impact he had on appearance lightly, and I didn’t spon- ducing the risk of addiction. Sean’s life. sor this resolution lightly. I recognize I would like to take the time to Over the past 3 years, I have had var- the words we speak on foreign policy thank the bipartisan cosponsors of this ious opportunities to meet with State have consequences far beyond this bill: ANNIE KUSTER, Chairman HAL Department personnel to discuss Da- room. But David is the only American ROGERS, STEPHEN LYNCH, FRANK vid’s disappearance. They are good peo- to disappear in China without expla- GUINTA, TIM RYAN, and BARBARA COM- ple, and I commend them for their nation since the normalization of rela- STOCK. help, particularly in the immediate tions during the Nixon administration. Our bill has been endorsed by the aftermath of his disappearance when This is not a fact to be taken lightly. American Medical Association and the they repeatedly pressured the Chinese My resolution lays out the facts of his American Society of Addiction Medi- Government to pursue the various disappearance and asks three essential cine. leads identified by David’s family. actions by the State Department and I encourage my colleagues in the However, I am concerned that bu- intelligence community: House to consider cosponsoring my reaucratic inertia has made the State First, that they continue to inves- bill, H.R. 4499, the PROP Act. Department complacent in this case. I tigate and consider all possible expla- f am concerned the State Department nations for David’s disappearance, in- leadership has not done all they can do cluding potential abduction by North DISAPPEARANCE OF DAVID to pursue all of the possible expla- Korea; SNEDDON nations for his disappearance. Second, that they coordinate their The SPEAKER pro tempore. The One of the unexplored possibilities is efforts with the Governments of Japan, Chair recognizes the gentleman from that David was abducted by agents of South Korea, and particularly China, Utah (Mr. STEWART) for 5 minutes. the North Korean regime, something the country known to have at least Mr. STEWART. Mr. Speaker, on Au- which a number of respected experts on some influence over North Korea; gust 14, 2004, David Sneddon, a student North Korea have advanced in recent And finally, that they keep the Con- at Brigham Young University, dis- years. While this may sound like an gress and the Sneddon family informed appeared without explanation while outlandish theory to those unfamiliar of these efforts. hiking in the Yunnan province of with North Korea’s history, it is be- I would like to thank Senator LEE for southwest China. coming very plausible when you under- sponsoring the companion bill in the David is an outstanding young man stand the regime’s long history of ab- Senate, and the rest of the Utah dele- who speaks fluent Korean and had ducting foreign citizens to use in train- gation for joining me as cosponsors. I spent the summer studying Mandarin ing their own foreign agents. think I can speak for the delegation in Beijing, with plans to return to the For many years, North Korea sys- when I say that David’s family de- U.S. in August to finish his degree in tematically kidnapped Japanese citi- serves a thorough effort from their own Chinese. He had already paid a housing zens and used captives to train their government to discover what happened deposit and registered to take the Law intelligence operatives in Japanese to him. This is the very least that we School Admission Test. language and culture. The regime fi- can ask. The U.S. State Department and the nally admitted to the abductions in f Chinese Government eventually con- 2002 and returned five of the Japanese RECESS cluded that David fell into a gorge citizens. while hiking, but David’s family con- There are numerous other facts The SPEAKER pro tempore. Pursu- ducted their own exhaustive investiga- which, when combined, make North ant to clause 12(a) of rule I, the Chair tion, with David’s father and two older Korea’s involvement conceivable. declares the House in recess until noon brothers flying to China shortly after North Korean agents are known to today. his disappearance to retrace his steps. operate in Yunnan Province, a common Accordingly (at 10 o’clock and 58 In the course of talking with numer- area for those escaping North Korea minutes a.m.), the House stood in re- ous eyewitnesses, David’s family dis- into Southeast Asia. cess. covered facts which contradict the offi- David disappeared during a long time f cial explanation and which, I believe, of heightened tensions between the b 1200 are compelling evidence of another pos- U.S. and North Korea, just weeks after sibility, which I will get to in just a this House passed the North Korean AFTER RECESS moment. Human Rights Act. The recess having expired, the House My staff and I met David’s family And David disappeared 1 month after was called to order by the Speaker at and heard his story soon after I was North Korea released Charles Jenkins, noon. elected 3 years ago. The Sneddons are an American deserter from the Korean f remarkable people of great faith who war being held and used precisely as have continued to pursue an expla- the abducted Japanese citizens: as a PRAYER nation for David’s disappearance for language teacher for North Korean The Chaplain, the Reverend Patrick the past 11 years. military cadets and spies. Jenkins was J. Conroy, offered the following prayer: The resolution I am introducing the last of the known Americans being God of mercy, we give You thanks for today regarding David’s disappearance held for this purpose, and it is possible giving us another day.

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR16\H10FE6.000 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 1669 May Your special blessings be upon spent 29 years as a fighter pilot and 7 Mr. Speaker, please join me in recog- the Members of this assembly as re- as a POW doing just that. Rest assured, nizing Pastor Michael Moore and his sults from another primary election re- I will continue to fight to keep Amer- unwavering leadership in our commu- verberate through our political land- ica safe. nity and many accomplishments scape. Give them wisdom and charity, f around the globe. that they might work together, with GUN VIOLENCE MYTHS f needed focus, for the common good. VICTIMS OF GUN VIOLENCE As the candidates now move on to (Mr. CICILLINE asked and was given other contests, may all Americans hear permission to address the House for 1 (Mr. PETERS asked and was given the call to responsible citizenship, minute.) permission to address the House for 1 learning the substance of candidates’ Mr. CICILLINE. Mr. Speaker, last minute.) positions and plans for the future of Sunday 5 people were killed and 25 in- Mr. PETERS. Spanish Fork, Utah, our Nation. May we all do our home- jured in four mass shootings in New January 16, 2014: work so that our experiment in rep- York, Florida, Illinois, and Mississippi. Marie King, 55 years old. resentative democracy might flourish Yet, Congress has done nothing to re- Kelly Boren, 32. and all would take pride in the govern- duce gun violence in America. Joshua Boren, 7 years old. ment to be constructed from our votes. While this is happening, opponents to Haley Boren, 5. May all that is done this day in the commonsense, responsible gun safety Holly Hill, South Carolina, July 15, people’s House be for Your greater legislation are spreading misinforma- 2015: honor and glory. tion and sharing myths, myths such as: Jerome Butler, 50 years old. Amen. criminals don’t exploit loopholes to Krystal Hutto, 28 years old. buy guns; there is no gun show loop- Shamekia Sanders, 17. f hole; the assault weapons ban that was Tamara Perry, 14. THE JOURNAL previously in place didn’t work; and Saco, Maine, July 26, 2014: The SPEAKER. The Chair has exam- strong gun laws don’t reduce gun Heather Smith, 35. ined the Journal of the last day’s pro- crimes. Jason Montez, 12 years old. ceedings and announces to the House It is time that we start calling out Noah Montez, 7. his approval thereof. these myths and correcting the record Lily Smith, 4 years old. Pursuant to clause 1, rule I, the Jour- with the facts. In the coming days, I Culpeper, Virginia, August 3, 2014: nal stands approved. will be doing just that on my Web site Shauna Washington, 35 years old. and through social media to help build Onesha Washington, 13. f support for commonsense, responsible Onya Washington, 6. PLEDGE OF ALLEGIANCE gun safety legislation. Olivia Washington, 4. After all, Mr. Speaker, facts should Callison, South Carolina, October 29, The SPEAKER. Will the gentleman guide us in doing our work and doing 2013: from California (Mr. PETERS) come for- all that we can to reduce gun violence Richard Fields, 51 years old. ward and lead the House in the Pledge in America. Melissa Fields, 49. of Allegiance. f Chandra Fields, 26. Mr. PETERS led the Pledge of Alle- William Robinson, 9 years old. HONORING PASTOR MICHAEL giance as follows: Tariq Robinson, 9 years old. I pledge allegiance to the Flag of the MOORE f United States of America, and to the Repub- (Mr. DENHAM asked and was given lic for which it stands, one nation under God, permission to address the House for 1 BLUE RIBBON STUDY PANEL indivisible, with liberty and justice for all. minute and to revise and extend his re- (Mr. WILSON of South Carolina f marks.) asked and was given permission to ad- Mr. DENHAM. Mr. Speaker, I rise ANNOUNCEMENT BY THE SPEAKER dress the House for 1 minute and to re- today to acknowledge and honor Pas- vise and extend his remarks.) The SPEAKER. The Chair will enter- tor Michael Moore for his many years Mr. WILSON of South Carolina. Mr. tain up to 15 requests for 1-minute of service to the Manteca community. Speaker, last week I was grateful to speeches on each side of the aisle. After 29 years at Crossroads Grace chair the Subcommittee on Emerging f Community Church, Pastor Mike is re- Threats and Capabilities hearing to re- tiring from his role as senior leader. ceive outside views on biodefense for OUR BORDER IS NOT SECURE Almost 50 years ago, Pastor Mike the Department of Defense and review (Mr. SAM JOHNSON of Texas asked married the love of his life, Grace, and the bipartisan report of the Blue Rib- and was given permission to address together they started a church where bon Study Panel on Biodefense. the House for 1 minute and to revise everyone could feel welcome. Chaired by former Senator Joe Lie- and extend his remarks.) In 1987, Crossroads Grace Community berman and former Governor and Sec- Mr. SAM JOHNSON of Texas. Mr. began with a Bible study group led by retary of Homeland Security Tom Speaker, new reports from the Depart- Pastor Mike made up of 17 members. Ridge, the panel evaluated the status ment of Homeland Security show a The church grew to encompass Pastor of prevention, deterrence, prepared- surge in illegal immigration, 30 per- Mike’s and Grace’s vision of a casual ness, detection, response, attribution, cent, actually. Last Friday I returned atmosphere, practical and relevant recovery, and mitigation of our Na- to McAllen, Texas, to tour the Rio teachings, with contemporary worship. tion’s biodefense. Grande River by boat and see our secu- Pastor Mike led the congregation in The report was clear. Our Nation rity challenges firsthand, something working with local churches to estab- faces a complex threat from both bio- President Obama has refused to do. lish the Hope Family Shelter and pro- logical weapons and naturally occur- Let me be clear. Our border is not se- vide housing to homeless families. The ring diseases. For example, the recent cure. Obama’s amnesty is devastating church also established a mobile med- response to the Ebola outbreak dem- for Texas, particularly its border cit- ical clinic to provide free medical serv- onstrates the importance of the De- ies, but the problems far exceed our ice for those in need and has sent partment of Defense’s biodefense con- border. This affects the whole country. teams to respond to global disasters tributions to broader government and It undermines the safety of all Ameri- such as Hurricane Katrina, the tsu- global efforts. cans and hurts law-abiding taxpayers. nami in Asia, and the Oklahoma torna- I am grateful that the former Attor- My most sacred duty is to protect does. The church has also sent mission- ney General Ken Wainstein and Dr. our homeland and every citizen in it. I aries to many corners of the globe. Gerald Parker, both members of the

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR16\H10FE6.000 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1670 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 February 10, 2016 panel, were there testifying before the over $12 million in Federal funding so awareness of the importance of special- subcommittee. I look forward to work- far. ized care, and ensure important re- ing with the Department of Defense to Mr. Speaker, this year’s additional search continues. implement the findings and rec- funding will allow major progress on a We must advance this legislation for ommendations. project that will protect the homes and the millions of Americans who need In conclusion, God bless our troops, families of over 200 north State resi- our help. and may the President, by his actions, dents, finally giving Hamilton City f never forget September the 11th in the some peace of mind. global war on terrorism. f b 1215 f AUTOMATED COLLECTION OF AFFORDABLE CARE ACT PEOPLE OF FLINT, MICHIGAN, ARE USER FEES AT THE PEACE STRONG BRIDGE (Mr. GENE GREEN of Texas asked and was given permission to address (Mr. KILDEE asked and was given (Mr. HIGGINS asked and was given the House for 1 minute and to revise permission to address the House for 1 permission to address the House for 1 and extend his remarks.) minute.) minute.) Mr. GENE GREEN of Texas. Mr. Mr. KILDEE. Mr. Speaker, my home- Mr. HIGGINS. Mr. Speaker, the budg- Speaker, I rise to highlight the success town is Flint, Michigan. When we leave et that President Obama sent to Con- of the Affordable Care Act. here at the end of every week, I fly gress yesterday contained a number of The numbers are in and, once again, home to Flint. This is a very proud important proposals: more cancer re- millions of Americans signed up for community. It is the birthplace of Gen- search funding, more treatment for quality affordable health coverage. eral Motors. It is where the UAW work- prescription painkiller and heroin ad- More than 12.7 million Americans se- ers sat down in 1936 to get the first diction, and making permanent the lected plans through the health insur- UAW contract to help build the middle solar investment tax credit and the ance marketplaces—4 million, or 42 class. new market tax credit. percent, of whom were new customers The last few decades have been tough While these initiatives generated this year. for my community. We have taken a headlines, one small and simple provi- People want coverage. And, thanks lot of hits, a lot of poverty, high unem- sion could have a significant impact on to the ACA, millions can now have the ployment, but we have always been the economy of western New York. security of knowing they won’t go able to get back up again as a commu- Beginning this year, at the Peace bankrupt if they get sick or have an nity because there are strong people in Bridge in Buffalo, Customs and Border accident, can’t be denied coverage be- Flint, Michigan. Protection will automate the collec- cause of a preexisting condition, and What has happened now in Flint is tion of user fees for commercial vehi- have access to preventative and pri- because of careless actions by State of- cles. Currently fees are collected mary care services at little to no out- ficials who put dollars and cents ahead manually, which increases congestion of-pocket cost. of the health of people, ahead of the and deters Canadians from traveling to In the 29th District that I am proud health of 9,000 children. western New York. to represent, 55,000 residents fall into We can get back up again in Flint, I called for the implementation of the expansion gap and have no insur- but we need a State response far more this policy last year and am happy to ance because States haven’t expanded robust than what has been rec- see the Department of Homeland Secu- Medicaid. It is time for Texas and ommended by Michigan’s Governor and rity moved so quickly on it. By auto- other States to do the right thing and we need help from the Federal Govern- mating fee collection, hiring more Cus- recognize that health care is essential ment. These people are American citi- toms and Border Protection officers, for some of our poorest families by ex- zens. this budget will benefit the western panding Medicaid. If the State won’t act to make it New York economy that is dependent The Affordable Care Act is here to right for the people of Flint, we need on commerce via the Peace Bridge. stay. I hope Congress will move past our Federal Government to do every- f repeal attempts and start talking thing in its power to help these people CONGENITAL HEART FUTURES about how we can make the Affordable and help Flint get back up again. REAUTHORIZATION ACT Care Act work even better for the f American people. I stand ready to work (Mr. BILIRAKIS asked and was given with my colleagues on this critical HAMILTON CITY, CALIFORNIA, permission to address the House for 1 issue. LEVEE PROTECTION minute and to revise and extend his re- (Mr. LAMALFA asked and was given marks.) f permission to address the House for 1 Mr. BILIRAKIS. Mr. Speaker, as Feb- minute and to revise and extend his re- ruary is recognized as Heart Month, I IT IS TIME TO RELEASE ZHU marks.) rise on behalf of the nearly 40,000 ba- YUFU ONCE AND FOR ALL Mr. LAMALFA. Mr. Speaker, it is bies born each year with congenital (Mr. HULTGREN asked and was budget season in Washington, D.C., and heart defects, CHD. CHD is the most given permission to address the House one of the things that should be in the common birth defect and the number for 1 minute and to revise and extend budget is infrastructure. I am glad to one cause of birth defect-related his remarks.) hear that the President has included deaths. Mr. HULTGREN. Mr. Speaker, I rise $8.5 million in funding to replace the A few decades ago babies born with today yet again in need of bringing the badly degraded levees on the Sac- CHD were not living into adulthood. world’s attention to the plight of Zhu ramento River near Hamilton City, Now, due to continued investment and Yufu. California. research and a series of medical break- Four years ago today, this democ- Flood danger has forced evacuation throughs, 90 percent of babies born racy advocate was unjustly sentenced of Hamilton City six times since 1980. with CHD are living into adulthood. by the Chinese Government to 7 years The existing levee project provides Let’s makes it 100 percent. behind bars, following previous only 10-year flood event protection There is still work to be done, and we imprisonments. His tireless advocacy when the standard really should be 200- must ensure these efforts to improve for democratic rights, freedom of year flood event protection. the lives of those with CHD continue. speech, and the rule of law is worthy of Working with local residents who This is why I introduced the Con- praise. Yet the Chinese Government have contributed their own money and genital Heart Futures Reauthorization has harassed and jailed him numerous resources to the project, we secured Act, to spend CHD research, raise times on faulty charges.

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR16\H10FE6.000 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 1671 Yufu is in poor health. He is not able vocacy as a crucial component to Heart (1) in the header, by inserting ‘‘STATES, to stand without support. He has coro- City Health Center’s mission. Whether THE ADMINISTRATOR, AND’’ before ‘‘PERSONS nary heart disease and a coronary ar- at the city, State, or Federal level, the SERVED’’; tery tumor, in addition to other ail- impact of her work can surely be felt (2) in paragraph (1)— (A) in subparagraph (C), by striking ‘‘para- ments. Yet Chinese authorities refuse by thousands. graph (2)(E)’’ and inserting ‘‘paragraph to provide him with medical care or On behalf of the people of Indiana’s (2)(F)’’; and medication. Further, they have forced Second Congressional District, I thank (B) by adding at the end the following: him to do hard labor and have caused Vernita Todd for her contributions to ‘‘(D) Notice of any exceedance at the 90th the job losses of his family members. improving thousands of lives through- percentile of a lead action level in a regula- This Saturday, Zhu Yufu turns 63 out the northern Indiana community tion promulgated under section 1412.’’; years old. The least the Chinese Gov- and the country as a whole. I wish her (3) in paragraph (2)— ernment can do is provide him with the best of luck in her future endeav- (A) in subparagraph (B), by striking ‘‘sub- proper medical treatment, improve his ors. paragraph (D)’’ and inserting ‘‘subparagraph (E)’’; living conditions, and leave his family f (B) in subparagraph (C)— alone. If China is serious about dem- COMMUNICATION FROM THE (i) in the header, by striking ‘‘VIOLATIONS’’ onstrating any legitimate leadership, CLERK OF THE HOUSE and inserting ‘‘NOTICE OF VIOLATIONS’’; it should release him and the hundreds (ii) in the matter preceding clause (i)— of others like him immediately. The SPEAKER pro tempore (Mr. (I) by inserting ‘‘, and each exceedance de- f DENHAM) laid before the House the fol- scribed in paragraph (1)(D),’’ after ‘‘for each lowing communication from the Clerk violation’’; and MURDERED FOR THEIR FAITH of the House of Representatives: (II) by inserting ‘‘or exceedance’’ after ‘‘Each notice of violation’’; (Mr. ELLISON asked and was given OFFICE OF THE CLERK, (iii) by inserting ‘‘or exceedance’’ after permission to address the House for 1 HOUSE OF REPRESENTATIVES, Washington, DC, February 10, 2016. ‘‘the violation’’ each place it appears; and minute.) (iv) in clause (iv)— Mr. ELLISON. Mr. Speaker, today Hon. PAUL D. RYAN, The Speaker, House of Representatives, (I) in subclause (I), by striking ‘‘broadcast marks 1 year since three young Ameri- media’’ and inserting ‘‘media, including cans were killed, I believe, for their Washington, DC. DEAR MR. SPEAKER: Pursuant to the per- broadcast media,’’; faith. I think the evidence supports mission granted in Clause 2(h) of Rule II of (II) in subclause (II)— that. the Rules of the U.S. House of Representa- (aa) by striking ‘‘in a newspaper of general On February 10, 2015, Deah Barakat, tives, the Clerk received the following mes- circulation serving the area’’ and inserting Yusor Abu-Salha, and Razan Abu-Salha sage from the Secretary of the Senate on ‘‘for circulation in the affected area, includ- were murdered in Chapel Hill, North February 10, 2016 at 9:25 a.m.: ing in a newspaper of general circulation Carolina. They were shot and killed be- That the Senate passed S. 2109. serving the area,’’; and (bb) by striking ‘‘or the date of publication cause of their faith. They were Muslim. That the Senate passed with an amend- ment H.R. 1428. of the next issue of the newspaper’’; and Yusor was a graduate of North Caro- With best wishes, I am (III) in subclause (III), by striking ‘‘in lieu lina State University, and planned on Sincerely, of notification by means of broadcast media enrolling at UNC Chapel Hill School of KAREN L. HAAS. or newspaper’’; Dentistry, where her husband, Deah, f (C) by redesignating subparagraphs (D) and was studying to become a dentist. (E) as subparagraphs (E) and (F), respec- Razan, Yusor’s sister, was a student at ANNOUNCEMENT BY THE SPEAKER tively; and NCSU as well. She was only 19. PRO TEMPORE (D) by inserting after subparagraph (C) the These murders are heartbreaking. The SPEAKER pro tempore. Pursu- following: They should be heartbreaking to every ant to clause 8 of rule XX, the Chair ‘‘(D) NOTICE BY ADMINISTRATOR.—If, after 24 hours after the Administrator’s notification American. They show us the stark re- will postpone further proceedings under subsection (a)(1)(A), the State with ality that bigotry is alive and well and today on the motion to suspend the primary enforcement responsibility or the that good people have to stand against rules on which a recorded vote or the owner or operator of the public water system it. Hate speech and scapegoating have yeas and nays are ordered, or on which has not issued a notice that is required under real life consequences. the vote incurs objection under clause subparagraph (C) for an exceedance described Children are bullied in school, houses 6 of rule XX. in paragraph (1)(D), the Administrator shall of worship are vandalized, and people Any record vote on the postponed issue such required notice pursuant to this are killed for the way they dress or question will be taken later. paragraph.’’; (4) in paragraph (3)(B)— how they pray. This should end now. f (A) by striking ‘‘subparagraph (A) and’’ f SAFE DRINKING WATER ACT IM- and inserting ‘‘subparagraph (A),’’; and HONORING VERNITA TODD, CEO OF PROVED COMPLIANCE AWARE- (B) by striking ‘‘subparagraph (C) or (D) of HEART CITY HEALTH CENTER NESS ACT paragraph (2)’’ and inserting ‘‘subparagraph (C) or (E) of paragraph (2), and notices issued (Mrs. WALORSKI asked and was Mr. UPTON. Mr. Speaker, I move to by the Administrator with respect to public given permission to address the House suspend the rules and pass the bill water systems serving Indian Tribes under for 1 minute and to revise and extend (H.R. 4470) to amend the Safe Drinking subparagraph (D) of such paragraph’’; her remarks.) Water Act with respect to the require- (5) in paragraph (4)(B)— Mrs. WALORSKI. Mr. Speaker, I rise ments related to lead in drinking (A) in clause (ii), by striking ‘‘the terms’’ today to recognize and pay tribute to a and inserting ‘‘the terms ‘action level’,’’; and water, and for other purposes, as (B) in clause (iii), by striking ‘‘and (IV)’’ champion of public health in my dis- amended. and inserting ‘‘(IV) the action level for the trict as she moves to California to con- The Clerk read the title of the bill. contaminant, and (V)’’; and tinue her work serving the public. The text of the bill is as follows: (6) by adding at the end the following: As chief executive officer of Heart H.R. 4470 ‘‘(5) EXCEEDANCE OF SAFE LEAD LEVEL.— City Health Center in Elkhart, Indiana, Be it enacted by the Senate and House of Rep- ‘‘(A) STRATEGIC PLAN.—Not later than 120 Vernita Todd has tirelessly advocated resentatives of the United States of America in days after the date of enactment of this on behalf of others. Over the last 10 Congress assembled, paragraph, the Administrator shall, in col- years, she has led the Center in achiev- SECTION 1. SHORT TITLE. laboration with owners and operators of pub- ing its mission of contributing to the This Act may be cited as the ‘‘Safe Drink- lic water systems and States, establish a strategic plan for how the Administrator, a health of our community by providing ing Water Act Improved Compliance Aware- ness Act’’. State with primary enforcement responsi- access to high-quality and accessible SEC. 2. ENFORCEMENT OF DRINKING WATER bility, and owners and operators of public health care. REGULATIONS. water systems shall conduct targeted out- Vernita has received national rec- Section 1414(c) of the Safe Drinking Water reach, education, technical assistance, and ognition for her role in prioritizing ad- Act (42 U.S.C. 300g–3(c)) is amended— risk communication to populations affected

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\BR16\H10FE6.000 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1672 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 February 10, 2016 by lead in a public water system, including ‘‘(i) IDENTIFICATION AND NOTICE.—Each sert extraneous materials in the dissemination of information described in owner or operator of a public water system RECORD on the bill. subparagraph (C). shall identify and provide notice to persons The SPEAKER pro tempore. Is there ‘‘(B) EPA INITIATION OF NOTICE.— who may be affected by— objection to the request of the gen- ‘‘(I) lead contamination of their drinking ‘‘(i) FORWARDING OF DATA BY EMPLOYEE OF tleman from Michigan? EPA.—If the Environmental Protection Agen- water where such contamination results cy develops or receives, from a source other from— There was no objection. than the State or the public water system, ‘‘(aa) the lead content in the construction Mr. UPTON. Mr. Speaker, I yield my- data, which meets the requirements of sec- materials of the public water distribution self such time as I may consume. tion 1412(b)(3)(A)(ii), indicating that the system; or Mr. Speaker, I wish we weren’t here drinking water of a person served by a public ‘‘(bb) corrosivity of the water supply suffi- today. I wish this bill was not nec- water system contains a level of lead that cient to cause leaching of lead; or essary, but it is. Our hearts go out to exceeds a lead action level promulgated ‘‘(II) an exceedance at the 90th percentile the folks of Flint, Michigan. The sys- under section 1412, the Administrator shall of a lead action level in a regulation promul- tem let them down at every level. That require an appropriate employee of the gated under section 1412. is, frankly, unacceptable. Agency to forward such data to the owner or ‘‘(ii) MANNER AND FORM.—Notice under this paragraph shall be provided in such manner All folks want is the peace of mind operator of the public water system and to that their government is looking out the State in which the exceedance occurred and form as may be reasonably required by within a time period established by the Ad- the Administrator. Notwithstanding clause for their best interest and that their ministrator. (i)(II), notice under this paragraph shall be water is safe. This bill is the first step. ‘‘(ii) DISSEMINATION OF INFORMATION BY provided notwithstanding the absence of a Imagine if you went to draw a cup of OWNER OR OPERATOR.—If an owner or oper- violation of any national drinking water cold water from your kitchen faucet ator of a public water system receives a no- standard.’’; and suddenly had to think about tice under clause (i), the owner or operator, (2) in subsection (b)(2)— whether it is safe to drink or not. Now (A) by striking ‘‘The requirements’’ and in- within a time period established by the Ad- put yourself into the shoes of a parent ministrator, shall disseminate to affected serting the following: ‘‘(A) IN GENERAL.—The requirements’’; and whose son or daughter has already persons the information described in sub- taken a drink from that faucet. Or, you paragraph (C). (B) by adding at the end the following: ‘‘(iii) CONSULTATION.— ‘‘Enforcement of such requirements shall be made coffee or infant formula. What ‘‘(I) DEADLINE.—With respect to an exceed- carried out by a State with primary enforce- health risk has your child already been ance at the 90th percentile of a lead action ment responsibility or the Administrator, as exposed to? What do we do now? How level in a regulation promulgated under sec- appropriate. can we expect a family to live life day- tion 1412, if the owner or operator of the pub- ‘‘(B) NOTIFICATION BY ADMINISTRATOR.—In to-day without safe drinking water? the case of an exceedance described in sub- lic water system does not disseminate, in the And, after all those initial concerns, time period established by the Adminis- section (a)(2)(A)(i)(II), if the public water system or the State in which the public you begin asking yourself: How is this trator, the information described in subpara- situation possible in the 21st century graph (C), as required under clause (ii), not water system is located does not notify the later than 24 hours after becoming aware of persons who may be affected by such exceed- in the United States of America? such failure to disseminate, the Adminis- ance in accordance with subsection (a)(2), We have been seeking answers to trator shall consult, within a period not to the Administrator shall notify such persons that question from EPA, from the exceed 24 hours, with the applicable Gov- of such exceedance in accordance with sub- State of Michigan, and from others. In ernor to develop a plan, in accordance with section (a)(2), including notification of the the meantime, we know that part of the strategic plan, to disseminate such infor- relevant concentrations of lead. Such notice the answer—certainly, not the whole mation to affected persons within 24 hours of shall protect the privacy of individual cus- tomer information.’’; and story—is that there was a terrible the end of such consultation period. breakdown in communication at every ‘‘(II) DELEGATION.—The Administrator may (3) by adding at the end the following: only delegate the duty to consult under this ‘‘(f) PUBLIC EDUCATION.— level of government. clause to an employee of the Environmental ‘‘(1) IN GENERAL.—The Administrator shall It is sickening and it breaks your Protection Agency who is working in the Of- make information available to the public re- heart that thousands of kids indeed fice of Water, at the headquarters of the garding lead in drinking water, including in- could be at risk, being poisoned from Agency, at the time of such delegation. formation regarding— faucets that they thought were safe. ‘‘(A) risks associated with lead in drinking ‘‘(iv) DISSEMINATION BY ADMINISTRATOR.— Government officials knew there was The Administrator shall, as soon as reason- water; serious cause for concern and failed to ‘‘(B) the likelihood that drinking water in ably possible, disseminate to affected per- inform the people of Flint. Many of sons the information described subparagraph a residence may contain lead; ‘‘(C) steps States, public water systems, those officials did not even seem to be (C) if— effectively communicating and sharing ‘‘(I) the Administrator and the applicable and consumers can take to reduce the risks Governor do not agree on a plan described in of lead; and data among themselves. clause (iii)(I) during the consultation period ‘‘(D) the availability of additional re- The EPA regional office was not tell- under such clause; or sources that consumers can use to minimize ing headquarters about everything, the ‘‘(II) the applicable Governor does not dis- lead exposure, including information on how State was not telling EPA everything, seminate the information within 24 hours of to sample for lead in drinking water. and we don’t know yet what the city of the end of such consultation period. ‘‘(2) VULNERABLE POPULATIONS.—In making Flint was telling the State or EPA. information available to the public under ‘‘(C) INFORMATION REQUIRED.—Information this subsection, the Administrator shall That has got to be fixed—and it has got required to be disseminated under this para- to be fixed now. graph shall include a clear explanation of the carry out targeted outreach strategies that exceedance of a lead action level, its poten- focus on educating groups within the general b 1230 tial adverse effects on human health, the population that may be at greater risk than the general population of adverse health ef- The Safe Drinking Water Act Im- steps that the owner or operator of the pub- proved Compliance Awareness Act en- lic water system is taking to correct the ex- fects from exposure to lead in drinking ceedance, and the necessity of seeking alter- water.’’. sures that the public learns of exces- native water supplies until the exceedance is The SPEAKER pro tempore. Pursu- sive lead levels in their drinking water corrected. ant to the rule, the gentleman from by setting forth how and when States, ‘‘(6) PRIVACY.—Any notice under this sub- Michigan (Mr. UPTON) and the gen- EPA, and public water utilities com- section to the public or an affected person tleman from New York (Mr. TONKO) municate their findings. shall protect the privacy of individual cus- each will control 20 minutes. The bill also strengthens public noti- tomer information.’’. The Chair recognizes the gentleman fication rules when lead levels are ex- SEC. 3. PROHIBITION ON USE OF LEAD PIPES, from Michigan. ceeded. Individual consumers will be SOLDER, AND FLUX. GENERAL LEAVE told when their own house tests posi- Section 1417 of the Safe Drinking Water Act (42 U.S.C. 300g–6) is amended— Mr. UPTON. Mr. Speaker, I ask unan- tive for lead problems. And if the com- (1) by amending subsection (a)(2)(A) to imous consent that all Members may munity or States fail to notify the pub- read as follows: have 5 legislative days in which to re- lic, EPA will step in and do so. They ‘‘(A) IN GENERAL.— vise and extend their remarks and in- are required to do that.

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\BR16\H10FE6.000 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 1673 The bill also requires EPA to create provements of our water infrastruc- In my questioning at last week’s a strategic plan for handling and im- ture. Oversight and Government Reform proving information flow among water We have been underfunding these sys- Committee hearing, it became very utilities, the States, EPA, and affected tems for decades. The poor condition of clear that individuals with the EPA drinking water consumers before there the water treatment and distribution knew about the high lead levels in the is an enforceable lead exceedance in system in Flint set the stage for this drinking water for months but failed to drinking water. Let me repeat that: be- tragedy. communicate this information to the fore lead levels get too high. We are doing this in an attempt to people of Flint, even under repeated Finally, this bipartisan bill requires save money. Well, in fact, we are wast- Freedom of Information Act requests. consumer notification when water ing many millions of dollars more by The bill we are considering today being transported in a lead pipe is so allowing essential infrastructure to de- takes important steps to strengthen corrosive that, in fact, it could leach teriorate to the extent where a con- Federal requirements on the EPA to into public drinking water. stant stream of emergency responses notify the public when concentrations I want to thank all Members of the and repairs are required to keep these of lead in drinking water are above House for their support, especially my systems working. Federal requirements. Michigan colleagues, every one of Finally, we need to do something for I am glad the entire Michigan delega- which, from both parties, signed as an the people of Flint. The State of Michi- tion is backing this bill; and I am com- original cosponsor of this legislation. gan and President Obama’s administra- mitted to continuing to work together I want to particularly thank Mr. KIL- tion have both begun to mobilize re- to get answers and help the families in DEE, a friend, who led this effort. sources to deal with the immediate Flint who need clean water and, for I thank my colleagues on the Energy need for safe drinking water, and they that matter, Mr. Speaker, learning and Commerce Committee, particu- are working to eliminate lead from the from this for the families in the entire larly FRANK PALLONE, JOHN SHIMKUS, water distribution system. But we still United States to make sure that this and PAUL TONKO, for their advice, col- don’t know if essential corrosion con- doesn’t happen to them as well. laboration, and support. trol can be reestablished. Mr. Speaker, in America, in the 21st I also want to thank two McCarthys, And bottled water does not solve century, children should not have to KEVIN MCCARTHY, for scheduling this Flint’s problems. The residents of Flint worry about safe and clean drinking at almost a moment’s notice, and my need a fully functioning public water water. The Flint water crisis never lead counsel on this legislation, Dave system that delivers safe, clean water should have happened, and we must McCarthy, who helped write and im- to their homes, to their schools, and to take action to ensure it never happens prove the bill as it was originally in- their businesses. We need to work with again. troduced. the State of Michigan to make that Making things right must be a coop- What is said on this floor today will happen. erative effort at every level, and this not do anything to ease the mind of a We need to care for the people who bill takes important steps to ensure parent in Flint. The entire situation were exposed to lead, especially our proper coordination going forward. breaks your heart, but we have a re- children, who are most vulnerable to I offer all of my support, all of my as- sponsibility, working together as Re- lead exposure. They need treatment sistance, all of my help and my votes publicans and Democrats, to fix the and sustained assistance to deal with to make sure this happens. problem. This bill is an important step. the health problems they may experi- Mr. TONKO. Mr. Speaker, I yield 5 I reserve the balance of my time. ence as a result of this manmade dis- minutes to the gentleman from Michi- Mr. TONKO. Mr. Speaker, I yield my- aster. gan (Mr. KILDEE), who has carried the self such time as I may consume. The conditions that enabled this cri- concern and the emotion of this situa- I rise today in support of H.R. 4470, sis to happen are not unique to Flint. tion as the Representative in the House the Safe Drinking Water Act Improved And while this bill is a first step to of Flint, Michigan. His energetic ef- Compliance Awareness Act, introduced help communities that may face these forts, his determination, his obvious last week by our colleague Representa- problems in the future, it cannot be passion for getting this done, getting tive KILDEE, with the support of other our last step. We must embrace our re- some relief, the relief essential for members of the Michigan delegation. sponsibility to support Federal invest- Flint done, is tremendously moving. This bill would strengthen require- ment in drinking water systems. Mr. KILDEE. I thank Mr. TONKO for ments to have the EPA notify the pub- The public health and future pros- his comments and his support and lead- lic when concentrations of lead exceed perity of the people of Flint and thou- ership on this issue. Federal standards. That is notifying sands of other communities across our And I would like him to please ex- the public. great Nation are continuing to suffer tend my thanks to Ranking Member While I support this legislation and from the concerns and are counting on PALLONE for his effort and his support. urge my colleagues to support it, far our progressive actions. I look forward I know he is dealing with a difficult more than this is needed to address the to continuing this discussion. time himself right now, and we extend many failings that led to the tragic cir- I reserve the balance of my time. our best wishes to him. cumstances that are still being experi- Mr. UPTON. Mr. Speaker, I yield 3 I want to thank all of my Michigan enced by the residents of Flint, Michi- minutes to the gentleman from Michi- colleagues for joining as original co- gan, a situation that has drawn the Na- gan (Mr. WALBERG), a cosponsor of the sponsors of this legislation; and I par- tion’s attention and drawn compassion bill. ticularly thank Chairman UPTON for for children and their families. This Mr. WALBERG. Mr. Speaker, I want his help, his guidance, his assistance should never have occurred in any city to start by thanking my friends, DAN and, really, collaboration on getting a in our Nation. KILDEE and Chairman UPTON, for their piece of legislation put together that As with any such tragic failure, there work on this bipartisan legislation and we think is very helpful in preventing is an attempt to assess blame. Well, ac- ensuring a swift congressional response another situation such as what has oc- countability is important. Those who to the ongoing water crisis in Flint, curred in my hometown from ever hap- failed in their responsibility should be Michigan. pening again in the United States. held accountable. What have we learned, and what will I again thank Mr. UPTON for his as- But no one here has yet taken re- we do both now and into the future, sistance and leadership on this. sponsibility for our part, Congress’ Mr. Speaker, is the question. Flint is my home. The people I rep- part, in this event. Collectively, this What happened in Flint is not a nat- resent are the people I grew up with in Congress as well as many previous Con- ural disaster. It is a human disaster Flint, Michigan. It is a great commu- gresses have failed to maintain Federal and a failure of government at every nity. It has been through some strug- support for the maintenance and im- level. gles, for sure, in the last few decades,

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This legislation addresses cerned citizens—you name it—people quite like this, something so funda- that. from all over Michigan, rising up to ad- mental as safe drinking water that we This legislation strengthens the hand dress the crisis and to help the resi- take for granted. of those who work at the EPA and ac- dents, the families, and children of You turn on the faucet, as Mr. UPTON tually requires them—not simply al- Flint. said, you expect the water that comes lows, but requires them—to provide no- When it comes to local, State, and out of that faucet to be safe for your- tice to the public and to a water sys- Federal leadership, we must do every- self, for your children, to make for- tem operator in the event that the thing possible to help as well. Every mula, to cook food, to drink. And be- State fails to do so. Had that happened, single one of us here today has a duty cause of a series of decisions that real- it would not have prevented the bad de- to ensure families and children are safe ly are almost incomprehensible in cisions that led to this crisis, but it and have access to the essentials, the their impact, people in Flint, Michi- would have prevented them from going most basic of which is clean drinking gan, can’t drink their water; 100,000 on for months and months and months water from household faucets. people can’t drink the water. with no action to protect the people in Sure, we can point fingers and play The thing that makes me most Flint. the blame game. But when it comes upset—sad, yes, but also angry—is that This is important legislation. We down to fixing it, we must do so fast. this crisis, this situation, which will need more. We need help for the people We need more action than words. We last for decades in its impact, was com- of Flint. But this is a step in the right need solutions. pletely avoidable. direction in preventing what happened What Chairman UPTON and Congress- Unlike a lot of other struggles that in Flint from happening to another man KILDEE have proposed is a first- my hometown has faced as a result of community. step solution to ensure this won’t hap- big changes in the economy—develop- Mr. UPTON. Mr. Speaker, might I in- pen again. ment patterns, et cetera—this was a se- quire as to how much time I have re- First and foremost, this legislation ries of decisions that we can easily maining on my side. makes sure the EPA will step in and identify that could easily have been The SPEAKER pro tempore. The gen- notify the public when they know con- prevented with just more thought and tleman from Michigan (Mr. UPTON) has centrations of lead in drinking water more care and, in this case, a stronger 131⁄2 minutes remaining. The gentleman are above Federal requirements. It also set of requirements for disclosure when from New York (Mr. TONKO) has 111⁄2 streamlines communication between lead levels are elevated in a drinking minutes remaining. utilities, the States, the EPA, and the water system. b 1245 affected customers. So this legislation is one step. It is Mr. UPTON. Mr. Speaker, I yield 3 The entire delegation of the State of not the total solution. We really have minutes to the gentleman from Michi- Michigan and Congress agree that this to deal—and I hope my colleagues will is a crisis. But to be clear, this is not gan (Mr. BISHOP), again, an original co- also join us—with putting together a sponsor of the bill. a Democratic or Republican issue. I response to the crisis being felt by the Mr. BISHOP of Michigan. Mr. Speak- would say shame on anyone who at- people in Flint right now. er, I would first like to begin by thank- tempts to capitalize on this issue or This bill, unfortunately, is too late ing the gentleman from Flint, Michi- use the families of Flint in this crisis to help them, but it can help the next gan (Mr. KILDEE) for his leadership in to further their own personal agenda. Flint, perhaps. This would require the this matter and for raising our atten- This is about common sense and deliv- EPA to provide notice if the State tion to this. ering solutions to these children and agency responsible for enforcement of Also, I would like to thank Chairman families. the clean drinking water laws does not UPTON for his leadership for the Michi- I ask my colleagues on behalf of both act to provide notice to the citizens af- gan delegation in bringing us together sides of the aisle to join Michigan and fected and to the water system. and putting aside any partisan dif- help us take action. Let me just be clear on that. The ferences to address a need of our great Mr. TONKO. Mr. Speaker, I yield 5 State of Michigan, in the case of the State and, also, for the children and minutes to the gentlewoman from Flint situation, has primacy in terms families across our country. Michigan (Mrs. LAWRENCE). She is an- of enforcement of these laws. It is their I have spent my entire life in the other member of the Michigan delega- obligation to ensure that the clean State of Michigan. I was born there and tion. drinking water laws are enforced, to raised there. Many generations before Representative BRENDA LAWRENCE collect data, to do sampling and test- me were the same, born and raised in has shown great leadership in her role ing, and to provide remediation, to pro- Michigan. My current family, my wife on the Oversight and Government Re- vide intervention, if, in fact, it is not and my three kids, also live in Michi- form Committee and, again, has been a the case. gan and will also, I am sure, see to it passionate voice to address the fami- So, yes, there has been a failure of that their children live there as well. lies of Flint. government, but I think we have to When I learned what happened in Mrs. LAWRENCE. Mr. Speaker, I take care not to attempt to create Flint, I was absolutely heartbroken. want to say that the crisis in Flint de- some sort of false sense of equivalency Frankly, it frightens me to think that mands action. I ran for Congress after of responsibility. a failure of this magnitude could hap- serving as a mayor because I felt The city of Flint, for example, which pen in the 21st century and in our strongly that our government has a re- is the most local level of government State. sponsibility. and where the water system is oper- Can you imagine not being able to When you ask for a vote, you are ask- ated, was under the control of an emer- drink the water from your own tap? ing for the trust in our government. We gency manager, a State official ap- What if you weren’t able to bathe or betrayed the trust of our citizens when pointed to overtake operation of the take a shower because of fear of what we did not provide a human need, and city of Flint. So to the extent that the might be in the water? The anger and that is clean water. city was responsible, the city was the the frustration is palpable, and it I stand here today encouraged. I ran State in this regard. should be. on the premise that we need to work In terms of the Federal role, there My district borders on Congressman together as a government. I can tell was apparent confusion or disagree- KILDEE’s, and I can tell you firsthand you that this crisis in Flint is not a po- ment as to whether the EPA had au- the crisis not only affects and impacts litical issue. It is a moral issue. It is thority, absent State notification to the community of Flint, but the entire why each of us in Congress sit here the public of the data that they had, Great Lakes State. today on the vote of the people’s trust, whether the EPA had authority to go For weeks I have seen local high and that is to take care of this great public, to make it clear that there was schools, veterans groups, and con- country.

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\BR16\H10FE6.000 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 1675 It is a moral issue, and it calls for all heartwarming to see the way people structure ages. We must ensure that of us in Congress to act. Today I am across the country have come together the public is aware, our citizens are in- standing here with a sense of hope in support of the people of Flint. formed, and that our water authorities being fulfilled that we have eliminated The sad thing is that this situation and agencies identify and take steps to the aisle, and we are standing here to- could have been prevented and should prevent this level of failure from hap- gether. have been prevented. The legislation pening again. Mr. Speaker, I rise in strong support we are discussing today here in the Mr. Speaker, on the Federal level, it of H.R. 4470, the Safe Drinking Water House of Representatives is because of is unacceptable that the EPA, an agen- Act Improved Compliance Awareness failures in local, State, and Federal cy with a budget of over $8 billion, did Act. This bill will ensure that EPA no- Government. not escalate its concerns over the pres- tifies communities of lead contamina- The fact is that the officials at the ence of lead contaminants. tion if State or local agencies fail to do EPA knew last April—10 months ago— This is an agency that is literally so. That clearly is what happened in that the Flint Utilities Department paid to protect the public health and Flint. was not using corrosion controls, put- environment, and it failed. This failure Local water authorities will have to ting water safety at risk. may not happen again. All Americans provide notification to the public when Instead of alerting the public, the should feel safe drinking water from lead contamination is a result of lead EPA stayed silent. When an EPA em- their kitchen sink. from pipes and other infrastructure ployee tried to speak out, he was si- This legislation is a commonsense so- leaching into the water supply. This lenced. The EPA deferred to a State lution. I urge its immediate passage. notice will have to be provided to af- agency, the MDEQ, which also failed to Mr. TONKO. Mr. Speaker, I continue fected residents, regardless of whether tell the public. to reserve the balance of my time. any drinking water standards were vio- Last month the EPA administrator Mr. UPTON. Mr. Speaker, I yield 2 lated. sent a memo creating a formal policy minutes to the gentleman from South If the operator does not notify the on the importance of assessing and re- Carolina (Mr. SANFORD). public—in this case, it was Michigan sponding to critical public health Mr. SANFORD. Mr. Speaker, I rise in Environmental Quality—if they do not issues. That the administrator had to support of this act. I thank the chair- notify the public, then the EPA must remind employees of the importance of man for his hard work and the commit- do so. This is precisely what happened public health speaks to the misplaced tee’s hard work on this bill. in Flint. priority of the EPA and its officials. I will be exceedingly brief because State officials repeatedly ignored the So today we have to pass a law re- certainly, as has been outlined by any pleas of the residents and those we are quiring the Agency to notify the public number of different speakers, this is calling civic heroes from outside and when water quality is unsafe and con- about a failure of government at a mul- experts about the lead levels. stitutes a public health threat. This titude of different levels, at the State, Passing this bill today will ensure legislation is a reminder to the EPA local, and Federal levels, a real failure that the situation in Flint—and I am that it needs to focus on its core re- and real consequences to the people of joining with my Republican colleagues sponsibility with safe drinking water, Flint. and Democratic—never happens again using its authority appropriately, rath- It is also, I think, a reminder to all of in our United States. The decision to er than overreaching outside of its ju- us of the significance of bracket creep share that type of critical information risdiction. in government; wherein, if everybody is should not be based on political judg- This is an example of one community involved, nobody is involved; if every- ment. that has been adversely affected. Flint body is accountable, nobody is ac- H.R. 4470 will ensure that residents is not alone in this challenge, and this countable. acquire the information they need has ramifications all across our coun- That is true of a government at a about their drinking water systems try. government level. It is true of a regu- and give EPA the ability and responsi- I urge my colleagues to support this latory body. The importance of clearly bility to step in and notify residents if bill. defined missions I think is part of what a State or water system fails to act. Mr. TONKO. Mr. Speaker, I am wait- your strategic plan really gets at in H.R. 4470 is just the first step, as we ing for another individual to offer tes- this act, and I admire your work on heard, in addressing our country’s timony. that. drinking water infrastructure issue. I I reserve the balance of my time. I also want to just reference that this hope that we can continue to work to- Mr. UPTON. Mr. Speaker, I yield 2 is also a reminder, a wake-up call, if gether in a bipartisan manner to en- minutes to the gentleman from Michi- you will, on the importance of watch- sure that Flint never happens again. gan (Mr. TROTT), another cosponsor of ing out for unsustainable political This is the first step in fixing our in- the legislation. promises. frastructure in America because other Mr. TROTT. Mr. Speaker, I also want I say that because, if you look at the Members of Congress have talked about to thank Chairman UPTON and Rep- general budget and the general fund lead water crises in their communities. resentative KILDEE for their important, within Flint, basically one-third of So this is a first step. bipartisan work on this issue. their revenue goes to pay for retiree For me, this is a fulfilling day to I rise today in support of the Safe benefits. stand here and support my colleagues, Drinking Water Act Improved Compli- That number by the year 2020 is regardless of our political affiliation, ance Awareness Act. This bill is a step going to rise to essentially 40 percent, and take care of the people of America. in the right direction to preserve and 40 percent. I bring that up because it is Mr. UPTON. Mr. Speaker, I yield 2 protect the health of our citizens. indeed a wake-up call to the unsustain- minutes to the gentleman from Michi- The legislation requires the EPA ad- ability of our Federal promises as you gan (Mr. MOOLENAAR). Again, he is a ministrator to work with States and look at the numbers going forward at cosponsor of Mr. KILDEE’s bill. local water authorities to develop a the Federal level. Mr. MOOLENAAR. Mr. Speaker, I strategic plan for addressing lead con- So my heart goes out to the people of also want to join my Michigan col- taminants in drinking water. This im- Flint. I think that this is an important leagues as a cosponsor of this legisla- portant legislation will ensure that the measure going forward, but it is also tion and thank Representative KILDEE complete failure to notify people of a an important reminder to every one of and Chairman UPTON for bringing this health risk, which occurred in Flint, us here at the Federal level to watch legislation forward. does not happen again. out for the unsustainable promises Our hearts go out to the people of This is an issue that many commu- here in Washington. Flint who are enduring so much and nities across our country will have to Mr. TONKO. Mr. Speaker, might I in- persevering during this time. It is deal with as our water system infra- quire how much time remains?

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\BR16\H10FE6.000 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1676 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 February 10, 2016 The SPEAKER pro tempore (Mr. system, as the law would require, the and Democrat—on the Energy and YODER). The gentleman from Michigan cost would have been $140 a day. All of Commerce Committee, but I also ex- has 51⁄2 minutes remaining. The gen- this could have been prevented by the tended that out to all of the members tleman from New York has 8 minutes State simply requiring that $140 a day of the Michigan delegation, both our remaining. be spent. Senators, as well as the Oversight and Mr. TONKO. Mr. Speaker, I yield 3 This legislation is important in pre- Government Reform Committee major- minutes to the gentleman from Michi- venting this from happening again so ity and minority staff. gan (Mr. KILDEE). that an agency of a State that refuses Mr. KILDEE mentioned about Mr. Mr. KILDEE. Mr. Speaker, I thank to enforce the law at least can’t do so PALLONE not being here. His father my friend for yielding. I appreciate all in the dark; and if the State won’t give died earlier this week, so he is where the comments and the support, espe- public notice, it would require the EPA he should be. But he cares deeply about cially the sympathy and, really, unity to do so. This is an important step. We this legislation as well. with the people of my hometown of have crafted this legislation to make I know when I sat down with my Flint. sure that each level of government is friend Mr. KILDEE last week to talk I do want to ensure, though, that we transparent when it comes to these about the intent of this legislation and are properly characterizing the legisla- issues. where he was, we were able to, I think, tion, its reasoning, and its impact. Mr. UPTON. Mr. Speaker, I reserve make some important, constructive The legislation would actually not the balance of my time. changes that strengthen the bill. It was just require EPA to provide notice, but Mr. TONKO. Mr. Speaker, I yield my- a no-brainer for us to get every Mem- would require the local jurisdiction, self the balance of my time. ber on both sides of the aisle from the State agency, to provide them with In closing, let me again offer my ap- Michigan to be an original cosponsor, the opportunity to do what they should preciation to Chairman UPTON and our and I congratulate him for that initia- do anyway, that is, to provide notice. ranking member, Representative PAL- tive. But I must say, too, this is a first Absent their willingness to do so, the LONE, for their leadership on this and step. I know in the future our com- EPA would then be required. for working in a spirit of bipartisan- mittee is going to be looking at how we It is an important distinction be- ship to bring this measure to the floor can better expand flexibility, I think, cause, in this case, the State of Michi- and in working with the Michigan dele- of States as it relates to their safe gan has primacy in enforcement of gation and, in particular, Representa- drinking water fund, and the State re- these rules. tive KILDEE, who has been directly im- volving fund as well. We are looking to The EPA in the case of Flint did take pacted on behalf of Flint, Michigan, hear from the States what we might be action when they learned of the ele- which he represents. able to do on the Federal response. vated lead levels. The action was to re- I would also make certain that we re- Again, the primacy is at the State and member that under the Safe Drinking peatedly reach out to the Michigan De- local level, particularly when a State, Water Act, as Representative KILDEE partment of Environmental Quality like we have seen here, actually has indicated, States have primacy, an im- and insist that they enforce the lead been given an emergency declaration, portant issue for Members who fre- and copper rule. as our Governor sought. Actually, they went so far as to in- quently talked about empowering our I encourage all of my colleagues to sist that they initiate corrosion con- State and local governments. It is a support this bill, and I commend Mr. State’s responsibility when they accept trol, which is the mechanism by which KILDEE. lead leaching would have been pre- that role of primacy to run these sys- I yield back the balance of my time. vented. tems and comply with Federal stand- Mr. VAN HOLLEN. Mr. Speaker, I rise in ards. b 1300 support of the Safe Drinking Water Act Im- Before we point fingers at the EPA, proved Compliance Awareness Act and am Not only did the Michigan Depart- let’s remember that Congress has cut proud to be a cosponsor of this bill, which will ment of Environmental Quality fail to its budget year after year. We want strengthen public notification requirements in act, they actually told the EPA almost them to do more with less. We have the event of lead contamination. a year ago that they actually had initi- passed the point of achieving effi- The situation in Flint is unacceptable—it is a ated corrosion control when they had ciency, we have cut valuable staffing, violation of the right to clean water and a not. and we have cut valuable programs. breakdown of the basic responsibility of gov- I think it would be a mistake to cre- We can point to failures by all levels ernment to its citizens. And it was completely ate some sort of equivalency between of government in this situation, but preventable—we know the damaging impacts the role of the EPA and the role of the the public doesn’t want to hear us of lead and we know how to protect people State of Michigan in this. It was the blame anyone. They want and deserve from lead poisoning. We need an aggressive State of Michigan that had prime re- real solutions and financial assistance response, both for the people in Flint and for sponsibility that failed. to address the crisis at hand. every community that faces lead exposure. The EPA, while I would have pre- We need to help the people of Flint Today’s bill is just a first step to address this ferred that they had shouted from the and better protect our public health problem by ensuring that when contamination mountaintop that they were having going forward. occurs, communities will be informed of what this problem getting the lead agency to Mr. Speaker, I yield back the balance is happening and what will be done to fix it. enforce the rule, there was at least of my time. We should follow this action with support for confusion as to whether or not they Mr. UPTON. Mr. Speaker, I yield my- the Flint community and robust funding for had the authority to do so. Even today, self the balance of my time. lead poisoning prevention and clean water the State of Michigan continues to I encourage all of my colleagues to programs. I look forward to our continued work push back on the EPA’s attempts to support this legislation. to protect children and communities from the test water to insist on enforcement. It Mr. TONKO said this bill is not about dangers of lead. is an important distinction to make. a blame game. We are trying to fix a Mr. PALLONE. Mr. Speaker, I rise in sup- Regarding my friend Mr. SANFORD’s problem so it doesn’t happen again port of the Safe Drinking Water Act Improved comments, I appreciate his reflection anyplace. Compliance Awareness Act, as amended. This on the financial situation within the I just might note that the House was bill will allow more transparency and increase city of Flint. While that is a set of out 2 weeks. We had Martin Luther education and outreach efforts to communities questions that clearly needs attention, King week, then we had the snowstorm, about their drinking water systems. the truth of the matter is, had the and we couldn’t come back. Communities are entitled to information Michigan Department of Environ- Our committee held a number of about their drinking water, and we should mental Quality insisted on the use of briefings. I expanded it to include cer- make every effort to ensure that Americans re- corrosion control in the Flint water tainly all of the members—Republican ceive clear, concise and timely information

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00015 Fmt 0688 Sfmt 9920 E:\BR16\H10FE6.000 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 1677 about the safety of that water. This bill ad- reach’’ prevent them from doing their job— PROVIDING FOR CONSIDERATION dresses a concern raised during the Flint which is telling anti-regulatory special interests OF H.R. 3442, DEBT MANAGEMENT water crisis about the significant delay in in- that the public’s health comes first. AND FISCAL RESPONSIBILITY forming Flint residents about the dangerous This bill is a start to fixing that problem, but ACT OF 2015, AND PROVIDING levels of lead in their water. I greatly appre- we have a long way to go. My colleagues FOR CONSIDERATION OF H.R. ciate the work of Mr. KILDEE and the Michigan across the aisle need to stop fighting EPA on 3293, SCIENTIFIC RESEARCH IN Delegation in coming together and quickly behalf of special interests, and start fighting THE NATIONAL INTEREST ACT pufting forward this legislation. It is a good alongside EPA in the public interest. Mr. SESSIONS. Mr. Speaker, by the place to begin our efforts to help Flint and I Because if they don’t, there will be more direction of the Committee on Rules, I support its passage. Yet, this is a small, first step and does not Flints, there will be more mothers who can’t call up House Resolution 609 and ask address the imminent and long-term problems sleep because their children are sick, and for its immediate consideration. facing our nation’s water systems. I know my there will be more ‘‘bi-partisan’’ bills express- The Clerk read the resolution, as fol- ing hindsight support for EPA action. friend from Michigan, Mr. KILDEE, agrees with lows: Mrs. DINGELL. Mr. Speaker, I rise in strong me on this and has put forward legislation fo- H. RES. 609 cusing on immediate and long-term invest- support of H.R. 4470, the Safe Drinking Water ments for Flint to address both its health and Act Improved Compliance Act. This legislation Resolved, That at any time after adoption of this resolution the Speaker may, pursuant infrastructure needs. We must do more for will help ensure no community in America ever experiences what is happening in Flint by en- to clause 2(b) of rule XVIII, declare the Flint and more to ensure that our nation as a House resolved into the Committee of the whole receives safe, clean drinking water at suring that federal and state regulators Whole House on the state of the Union for the tap. promptly notify a local community if there are consideration of the bill (H.R. 3442) to pro- As I have stated time and again, our drink- elevated levels of lead in their water systems. vide further means of accountability of the ing water systems are deteriorating. Trans- Specifically, the bill requires the Environ- United States debt and promote fiscal re- parency is important, but we need to follow mental Protection Agency (EPA) to notify a sponsibility. The first reading of the bill shall be dispensed with. All points of order this effort with a reauthorization of the Safe local water system if EPA receives data indi- Drinking Water Act that increases the invest- against consideration of the bill are waived. cating high lead levels in the water. The local General debate shall be confined to the bill ment in our drinking water systems. water system must immediately notify their and shall not exceed one hour equally di- We must invest in our drinking water infra- customers, and if they do not act quickly then vided and controlled by the chair and rank- structure to repair, maintain, and replace aging EPA must notify local residents themselves. ing minority member of the Committee on pipes. We also must equip communities with It is critical that a community is immediately Ways and Means. After general debate the the resources to ensure the delivery of safe bill shall be considered for amendment under notified when there is a problem with their drinking water, safeguard systems from the five-minute rule. The bill shall be consid- drinking water. Transparency is essential to vulnerabilities such as climate change, and ered as read. All points of order against pro- ensuring water lead contamination never poi- encourage good financial and environmental visions in the bill are waived. No amendment sons another community, and this bill helps us to the bill shall be in order except those management of water systems. There is no achieve this important goal. printed in part A of the report of the Com- doubt that this will be a large task, but we The facts about the Flint crisis are being mittee on Rules accompanying this resolu- cannot shy away from it. The longer we delay, tion. Each such amendment may be offered the more costly the investment. gathered right now through multiple investiga- only in the order printed in the report, may This should be a wakeup call that we can- tions, and every person responsible must be be offered only by a Member designated in not continue to stand by watching as Flint— held accountable for the lack of appropriate the report, shall be considered as read, shall and far too many other American commu- action. Government at every level failed the be debatable for the time specified in the re- nities—are exposed to unsafe drinking water. people of Flint, but this is a man-made dis- port equally divided and controlled by the We must take action now. aster led by the state of Michigan, and we proponent and an opponent, shall not be sub- ject to amendment, and shall not be subject Again, I commend Mr. KILDEE and the co- must take action at the federal level to prevent this from ever happening again. to a demand for division of the question in sponsors for their efforts on this legislation. I the House or in the Committee of the Whole. thank the Gentleman and his staff for working Every Member of the Michigan delegation All points of order against such amendments with me and my staff to ensure this bill will co-sponsored this bill, and we thank our col- are waived. At the conclusion of consider- truly increase transparency for communities. leagues Congressman KILDEE and Congress- ation of the bill for amendment the Com- I urge my colleagues to support this bill and man UPTON for their good work on it. This is mittee shall rise and report the bill to the look forward to additional opportunities to work an example of what can happen when we House with such amendments as may have in a bipartisan fashion in the remaining been adopted. The previous question shall be work together to solve the problems facing our considered as ordered on the bill and amend- months of this Congress on the pressing issue nation, and we need more of it. Clean water ments thereto to final passage without inter- of safe, reliable drinking water for all Ameri- is one of the most fundamental, basic rights vening motion except one motion to recom- cans. we should guarantee anyone living in America. mit with or without instructions. Mr. CONYERS. Mr. Speaker, I rise today in I urge all of my colleagues to support this SEC. 2. At any time after adoption of this support of H.R. 4470, the Safe Drinking Water critical legislation. resolution the Speaker may, pursuant to Act Improved Compliance Awareness Act. clause 2(b) of rule XVIII, declare the House This bill is a good first step to helping ensure The SPEAKER pro tempore. The resolved into the Committee of the Whole the Environmental Protection Agency (EPA) question is on the motion offered by House on the state of the Union for consider- never again allows an intransigent state gov- the gentleman from Michigan (Mr. ation of the bill (H.R. 3293) to provide for ernment endanger the public welfare. UPTON) that the House suspend the greater accountability in Federal funding for Let there be no mistake. The blame for what rules and pass the bill, H.R. 4470, as scientific research, to promote the progress amended. of science in the United States that serves happened in Flint lies directly at the feet of that national interest. The first reading of Governor Snyder who ignored Flint’s demo- The question was taken. the bill shall be dispensed with. All points of cratic rights, his appointed Emergency Man- The SPEAKER pro tempore. In the order against consideration of the bill are agers who wanted to save a buck, and the opinion of the Chair, two-thirds being waived. General debate shall be confined to Michigan Department of Environmental Quality in the affirmative, the ayes have it. the bill and shall not exceed one hour equal- (MDEQ) that was too timid to protect the pub- ly divided and controlled by the chair and Mr. UPTON. Mr. Speaker, on that I ranking minority member of the Committee lic from haphazard changes to the Flint water demand the yeas and nays. system. on Science, Space, and Technology. After The yeas and nays were ordered. general debate the bill shall be considered But the EPA needs to take some blame for for amendment under the five-minute rule. not dismissing out of hands the efforts of the The SPEAKER pro tempore. Pursu- The bill shall be considered as read. All Governor, his Emergency Managers, and ant to clause 8 of rule XX, further pro- points of order against provisions in the bill MDEQ to delay addressing the crisis in Flint. ceedings on this motion will be post- are waived. No amendment to the bill shall The EPA let the endless echo of ‘‘EPA over- poned. be in order except those printed in part B of

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\BR16\H10FE6.000 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1678 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 February 10, 2016 the report of the Committee on Rules accom- cussions with Members about the ideas in the national interest. Unfortu- panying this resolution. Each such amend- that they have. Fourteen were made in nately, the NSF has funded too many ment may be offered only in the order print- order last night by the Rules Com- wasteful projects under the ideas that ed in the report, may be offered only by a mittee, and I am proud of that. have been presented to us by the Member designated in the report, shall be considered as read, shall be debatable for the As a result, our resolution provides Science, Space, and Technology Com- time specified in the report equally divided that H.R. 3442, the Debt Management mittee, the purposes of which were and controlled by the proponent and an op- and Fiscal Responsibility Act of 2015, probably nebulous at best, which would ponent, shall not be subject to amendment, which was altered and supported by the be the argument that Chairman LAMAR and shall not be subject to a demand for divi- gentleman from Coppell, Texas, Con- SMITH made with us, and which were, sion of the question in the House or in the gressman KENNY MARCHANT, and H.R. clearly, not necessarily in the national Committee of the Whole. All points of order 3293, the Scientific Research in the Na- interest. against such amendments are waived. At the tional Interest Act, which was brought We heard testimony that every single conclusion of consideration of the bill for amendment the Committee shall rise and re- to the committee by the young chair- project that the National Science port the bill to the House with such amend- man of the Science, Space, and Tech- Foundation handled was in the Amer- ments as may have been adopted. The pre- nology Committee, LAMAR SMITH from ican people’s best interest. We think vious question shall be considered as ordered San Antonio, Texas, will both be con- that our discussion with Members of on the bill and amendments thereto to final sidered today under a structured rule. Congress today will show them that we passage without intervening motion except Mr. Speaker, I would normally run need to change the wording to where one motion to recommit with or without in- through my opening dialogue that I the national interest is obligatory to a structions. would have about what is in these bills, proposal before a proposal is given. You The SPEAKER pro tempore. The gen- why they are important, and what they have to prove it is in the Nation’s best tleman from Texas (Mr. SESSIONS) is would do. But because of time consider- interest to spend money. Examples of recognized for 1 hour. ations today, one of our newest Mem- such projects include $700,000 to create Mr. SESSIONS. Mr. Speaker, for the bers of Congress wants to speak. He has a climate change-themed musical, purpose of debate only, I yield the cus- got a meeting in a few minutes. I would $38,000 to study prehistoric rabbit hunt- tomary 30 minutes to the gentleman like to ask him if he would at this time ing on the Iberian Peninsula, and—per- from Massachusetts (Mr. MCGOVERN), take part in my opening statement. haps my favorite of all—$605,000 to pending which I yield myself such time I yield to the gentleman from Wind- study why people around the world as I may consume. During consider- sor, Colorado (Mr. BUCK). cheat on their taxes. ation of this resolution, all time yield- Mr. Speaker, this is hard-earned b 1315 ed is for the purpose of debate only. money that was spent that I do not be- GENERAL LEAVE Mr. BUCK. Mr. Speaker, for years, lieve was in the national interest. ‘‘In Mr. SESSIONS. Mr. Speaker, I ask our Nation has limped along from debt the interest of the Nation’’ means that unanimous consent that all Members crisis to debt crisis. Every time, we say it needs to be prioritized and that it may have 5 legislative days to revise to ourselves ‘‘just a little more spend- needs to be something that would and extend their remarks. ing today, and we will fix this mess to- produce an outcome that would, from The SPEAKER pro tempore. Is there morrow,’’ but tomorrow never seems to the National Science Foundation, ben- objection to the request of the gen- come, and the ocean of red ink gets efit the American people. tleman from Texas? deeper and deeper with each passing H.R. 3293 directly benefits the Amer- There was no objection. day. Thanks to this ‘‘spend now’’ and ican people by promoting greater ac- Mr. SESSIONS. Mr. Speaker, I rise ‘‘save never’’ mentality, the national countability—a mission statement, so today in support of a rule and the un- debt has soared to $19 trillion, and to speak—in funding scientific re- derlying bills, both of which will en- there is no end in sight. The Federal search, not only at the NSF, but that hance accountability and create better Government has been overspending for also ensures that the research con- processes for our Federal Government. so long that we are financially bank- ducted is always in the national inter- Necessary legislation is what we are rupt. If we continue to pass this debt est. talking about today. Legislation that on to our children and grandchildren, This is, I believe, a commonsense, bi- will help the Federal Government not we are also morally bankrupt. We need partisan answer. Certainly, LAMAR only in its processes, but that will a solution to our constant budget bust- SMITH, as the chairman of the com- allow the American people to have con- ing. mittee, brought forth the ideas on a bi- fidence in what their government does H.R. 3442 will help our Nation address partisan basis to ensure that what we not only on their behalf, but for a bet- this fiscal crisis. By requiring the ad- would do is not get in the way of any ter future for the American citizens, ministration to testify before Congress, projects that are currently out there. including our children and grand- we are requiring them to bring real- Instead, anything that is in the future children. istic, serious solutions to the table. We would have to subscribe to the condi- We are here today because these are are calling on them to offer a plan for tions of the national interest. important issues, and we are address- actually reducing our debt, and—this is Reckless and mandatory spending ing them. That is what Speaker RYAN key—we are requiring these solutions has placed our national finances and wants this body to be doing. Speaker before we reach the point of no return. our economy—including our jobs, our RYAN wants us to bring our best ideas What we have wrought in debt and infrastructure, and our future—in to the floor, to make sure the Amer- deficit isn’t merely a fiscal challenge peril. Today, the total debt is subject ican people understand what they are, or an economic problem—it is poi- to the limit, which includes Treasury to fully debate them, and to have all sonous to our human potential. It is securities held by Federal trust funds the open processes that are necessary time for the Federal Government to and other accounts, which stand at to make sure that we are bringing to start making the same tough choices over $19 trillion. Additionally, the Con- the American people the best ideas of that small businesses and folks in Colo- gressional Budget Office projects that their elected representatives. That is rado are making every day, and this the 2016 deficit will be $544 billion. You why we are here today. bill is a good start. can see that we are not just at $19 tril- I also want to point out that the Mr. SESSIONS. Mr. Speaker, I yield lion but that we are adding to that. Rules Committee, of which I am chair- myself such time as I may consume. Mr. Speaker, you know and I know, man, asked Members to submit their The original intent also of a piece of in just a matter of weeks, the gen- ideas and amendments regarding these legislation that we have goes back to tleman from Georgia (Mr. TOM PRICE), bills, and 14 amendments were made in 1950. The legislation that created the the chairman of the Budget Com- order. That means that the Rules Com- National Science Foundation was there mittee, will be bringing forth to this mittee met, we looked, and we had dis- at the time to support science that was floor bills that address what our year is

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\BR16\H10FE6.000 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 1679 going to look like in 2017. The Presi- Mr. Speaker, I thank the gentleman about these proposals to reduce our dent of the United States has a chance from Texas (Mr. SESSIONS), my good deficit, perhaps they should reconsider to do this. Every year, the President friend and distinguished chairman of their unprecedented and insulting deci- submits his budget. It is $1 trillion the Rules Committee, for yielding me sion to exclude the OMB from testi- more a year in spending. It is more the customary 30 minutes. fying on the administration’s budget government. It is more spending. It I rise in strong opposition to this proposal. Such a contemptuous atti- adds more things to our debt. Repub- rule, which provides for the consider- tude demeans Congress and the Amer- licans, since 2011—since we have been ation of H.R. 3293, a bill to hamstring ican people. in the majority—have tried to submit the National Science Foundation and In addition to its annual budget, the budgets that have held us in place; but its gold standard review process; and I administration also provides the infor- by holding us in place, which is the rise in strong opposition to H.R. 3442, a mation requested by H.R. 3442 in the best we can do, it does not mean that misnamed debt management bill that form of the Mid-Session Review, of the we were addressing creating a surplus, provides Congress with no new infor- Daily Treasury Statement, of the which would be required not to add to mation about the debt limit and that Monthly Treasury Statement, of the that debt. does nothing to actually prevent de- Monthly Statement of the Public Debt, So where we are is back to the Amer- fault. of the Schedules of Federal Debt, and ican people again with an opportunity Despite a promise from Speaker of the Financial Report of the United for them to understand our processes— RYAN and House Republican leadership States Government. a budget, an opportunity to get to for an open and deliberative process, The Treasury manages our debt, but where we do not add to the debt. Yet this rule makes in order only 14 of the what we are here to do today is not the it is Congress that holds the power of 47 amendments that were submitted on the purse. It is our responsibility to budget but to address what we do under both pieces of legislation to our com- a circumstance when we have a debt raise the debt limit when it is reached, mittee—only six amendments for the and I would point out that it is the leg- limit by which we have met the con- Science, Space, and Technology Com- stitutional constraints, the legal con- islative decisions made by Congress mittee’s bill and eight for the debt that determine the level of debt. straints, and what we are going to do limit bill. Democrats on the Rules I say to my Republican friends, if you in moving forward. Committee offered an open rule so that don’t want to deal with the issue of We are taking a bill that comes di- both Democratic and Republican Mem- raising the debt limit, then don’t accu- rectly from KENNY MARCHANT, who is a bers could have an opportunity to mulate all of these bills. The debt limit member of our Ways and Means Com- make their views known on this bill, debate is about making sure we live up mittee, who has spent a number of but as has become the custom, the to our financial obligations, the obliga- years in thinking through how we can Democrats voted for an open process, tions that this Chamber agreed to. put a spotlight—how we can put the and every single Republican voted light of day—on this issue to the point against an open process. Last night in the Rules Committee, at which we can talk about it, under- Members should have the oppor- we had a debate about deficit reduction stand more about it, and do something tunity to offer their ideas on the House and how to deal with the debt. Mem- about it. That is also the second bill: floor, and we should be having a robust bers on both sides of the aisle offered the National Science Foundation, what debate on these issues. Here is a crazy suggestions on ways to reduce our def- is in the national interest, and, clearly, idea, Mr. Speaker: Maybe, if we actu- icit, and that is an important discus- looking at the debt. ally opened up the process and allowed sion we should be having because it is If we are going to have a debt limit for a full debate, we could actually pass a big issue. Yet this bill is not about increase, how do we as Members of bipartisan legislation that would move deficit reduction; it is not about trying Congress, under our constitutional through the legislative process and to get our debt under control; and it is powers, understand not just the issue then go on to the President’s desk not a serious attempt to help us avoid but also the obligation that we have where he would then sign it into law. future default. The Republican major- when we take votes so that we know Yet, for the most part, my friends on ity has threatened default on at least what is at risk, what the plan would be, the other side of the aisle don’t seem three separate occasions: in 2011, when and, perhaps more importantly, how we default was narrowly avoided with the can work together with the adminis- interested in working with Democrats to advance common goals that will ac- Budget Control Act; in 2013, when Re- tration—Republicans and Democrats— publican extremism led to a govern- to make sure we get a better answer. tually help the American people, and the legislation before us today is no ex- ment shutdown, costing our fragile Now, there is one last point that economy $24 billion and 120,000 private needs to be made, and I think it was ception. H.R. 3442 requires the Secretary of sector jobs; and this past fall, when made yesterday in the committee, not Democrats helped to pass the bipar- just by the gentleman TOM COLE, not the Treasury to appear before Congress tisan budget agreement despite opposi- just by VIRGINIA FOXX from North and submit a report on the administra- tion from two-thirds of the Repub- Carolina, and not just by me, which is tion’s debt reduction proposals. I have licans in this Congress. that we don’t know who the President got some good news for my friends. The is going to be next year. We don’t know Treasury Secretary already regularly I would like to point out what is who the Secretary of the Treasury is meets with Congress to discuss the missing in this bill that we are going going to be next year. The gentleman, debt limit, and the President offers to be talking about later on this week. the author of the bill, thinks that that proposals to address the debt and the The report required by this legislation is a prime reason his legislation should deficit in his annual budgets. I would would exclude the most important in- be a bipartisan, commonsense piece of say to my colleagues on the Republican formation Congress needs when the legislation so that we are saying who- side that it is okay—you can ask ques- debt limit is reached, which is an anal- ever it is has the authority and the re- tions. That is what hearings are for. ysis of the catastrophic consequences sponsibility to come to Congress and You can ask questions about the debt of default. If this were a serious at- give us the insight. and deficit reduction. tempt to address our debt, I would Let’s work together so that we avoid In fact, just yesterday, President think that the majority would want to debt, so that we avoid making a mis- Obama sent his fiscal year 2017 budget know which bills the Treasury would take, and, mostly, so that we are on request to Congress, which included need to stop paying if Congress failed the same page together. That is why over $2.9 trillion in deficit reduction to raise the debt limit. Would veterans we are here today, Mr. Speaker. over the coming decade—this on top of stop receiving their benefits? Would I reserve the balance of my time. the $4 trillion to $5 trillion in deficit Medicare providers stop being reim- Mr. MCGOVERN. Mr. Speaker, I yield reduction already achieved since 2010. bursed? Would students stop receiving myself such time as I may consume. If my friends are interested in hearing Pell grants? The chairman of the Rules

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\BR16\H10FE6.000 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1680 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 February 10, 2016 Committee said in his opening state- ceiving funding. The NSF puts the ap- issues in a serious manner when, in ment that the American people want plications through a rigorous process fact, they are not. It doesn’t matter us to do something. I agree. of peer review in order to determine what year it is. The American people b 1330 which proposals they will fund. elected us to solve problems, not pad I would like to emphasize the fact Republicans’ political talking points. This is not doing something. This is that this is a peer review, not a con- I ask my colleagues to oppose this re- trying to point the finger somewhere gressional review. It is a peer review. strictive rule and the two partisan else so that we can avoid responsibility Congress does not review these applica- pieces of legislation. for doing our job. tions because the vast majority of us I reserve the balance of my time. If we were serious about this issue, are not scientists. I am not a scientist. Mr. SESSIONS. I yield myself such maybe we ought to think about actu- I don’t think many of my colleagues on time as I may consume. ally passing legislation that would help the other side of the aisle are sci- Mr. Speaker, yesterday the Rules reduce our deficit and pay down our entists. Committee made in order more amend- debt. Maybe we ought to be talking The NSF review process is also de- ments than Senator HARRY REID did as about comprehensive immigration re- signed to be confidential in order to majority leader over 2 years—in just 1 form. CBO says that we would save protect against any internal or exter- day. In just 1 day, more amendments hundreds of billions of dollars for our nal bias. Injecting congressional inter- were made in order in the United National Treasury if we actually did ference and disruption into a well-func- States House of Representatives. So I that, did something positive to resolve tioning process will have a drastically get it. I do. our immigration crisis and, in doing so, negative effect. I think I would be on the defensive, we would save all this money that Now, it should come as no surprise also, if I were my colleagues, my could go to reducing our deficit. that a big part of the Republican ma- friends that are Democrats, because Maybe one of the things we ought to jority’s argument is that the NSF is fo- what they are doing to this country be talking about here is actually not cusing too much of its funding on doesn’t work, and they are defensive passing tax breaks for wealthy people projects studying climate change. I about it. So they view anything that that we don’t pay for because that adds tried to figure out what the hook was, Republicans do, even on a bipartisan to the bills that we accumulate here in and I found that that is it. basis but doesn’t fit their narrative as, Congress. If you want to give Donald I have said this here before, and I will ‘‘this is political.’’ Trump another tax cut, pay for it. That keep saying it until we stop debating Well, balancing the budget is in the is all. these ridiculous bills. We know that best interest of the American people. Maybe we ought to talk about deal- climate change is real. We see it. We Presenting realistic budgets—not a ing with the issue of these war costs. I live it. The scientific community over- trillion dollars more in spending and mean, we can’t even come together and whelmingly has verified it. Climate bigger government—is exactly the kind actually debate and vote on an AUMF change is not a theory. It is not a hoax. of policies that Republicans do believe. as these new wars are popping up all It is not some silly fantasy. The NSF By the way, if they were really seri- over the world. should be funding research that is di- ous about trying to fix this global By the way, if we did, maybe we rected toward understanding and miti- warming, they would look in their own could talk about the cost, which, by gating the effects of climate change. backyard with home heating fuel, the way, a big chunk of these war costs The majority on the Science Com- which is diesel fuel, which they are aren’t even paid for. They are put on mittee has been on a crusade to inject putting all through the Northeast to our credit card. I mean, the only people itself into NSF’s independent grant re- heat their homes. That is a huge con- sacrificing in these wars are the men view process. The committee has de- tributor to global warming, as opposed and women who we put in harm’s way manded an explanation on how roughly to clean, natural gas. They can make and their families. The rest of us do 40 studies could possibly serve our na- their own decisions. But I would say nothing. We don’t even ask the Amer- tional interests. Now, we have seen back to them: I think you ought to ican people to pay for it. time and time again that basic re- measure three times and have seen Well, here is an idea: if people don’t search leads to positive, life-changing once, not just go accusing other people want to pay for these wars, maybe we outcomes never imagined by research- of things. ought not to go. Just putting them on ers. Mr. Speaker, yesterday in the Rules our credit card should not be an an- Congress certainly does not have the Committee, we had the gentleman swer. Those are the kinds of things we experience or the knowledge to pre- from Coppell, Texas, KENNY MARCHANT, should be talking about here today if determine the future value of a re- a great member of our Ways and Means we were serious about getting our search project. Just because the title of Committee, come and testify about budget under control. a project doesn’t sound particularly this bill, about how we look at raising Simply put, Mr. Speaker, this legis- overwhelmingly impressive doesn’t the debt limit. He spoke very passion- lation is duplicative, unnecessary, and mean it isn’t, and we have a gazillion ately, and there was a lot of common a waste of time. It does nothing to pre- examples of that in the research that sense involved about how do we look at vent future Republican threats of de- has been done in the NSF. this issue and how do we solve it. fault, and I strongly oppose this effort. It is best to leave the scientific re- I yield 5 minutes to the gentleman This week, also, Mr. Speaker, House view process in the hands of our world- from Texas (Mr. MARCHANT). Republicans are bringing to the floor class scientists who resoundingly op- Mr. MARCHANT. Mr. Speaker, I H.R. 3293, another antiscience piece of pose efforts to interfere with NSF’s rig- thank the chairman for yielding to me legislation. Now, some might call this orous review process. I join them in and his support on this issue. Also, I a thinly veiled attempt by the major- strong opposition to this bill. thank him for allowing the Rules Com- ity to dictate what the National Now, once again, Mr. Speaker, we are mittee to spend over an hour on this Science Foundation spends their fund- on the floor debating two bills that are issue yesterday to hear both sides of ing on, but there really isn’t even a going nowhere. Each bill has received a this issue as far as the debt ceiling thin veil trying to cover up what this veto threat from the White House be- goes. is. This is a blatant attempt to coerce cause this is not serious legislation. Mr. Speaker, I can’t go to a townhall the NSF into only funding projects Mr. Speaker, this is just more political meeting or even go to a gathering of that fit into the Republican political fodder for the right wing of the Repub- just a few people without the subject of messaging agenda. lican Party, sound bites for my friends the debt ceiling coming up. My con- The NSF receives upwards of 50,000 on the other side of the aisle to use stituents on a regular basis, through proposals a year. Out of all these pro- while on the campaign trail to attempt emails, phone calls, and letters, ask me posals, only about 20 percent end up re- to sound like they are dealing with the questions: What is Congress doing

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When I intro- The whole focal point of that meeting and certainly not when they are mak- duced this bill in September, the debt will be to talk about the debt ceiling. ing zillions of dollars a year in profits. had reached $18.1 trillion. Today, it is That does not happen now. Maybe we could take that money and over $19 trillion. If the current law re- We have dozens of reports that are put it toward deficit reduction. mains unchanged, the Congressional online. We have dozens of discussions Or maybe we could pay for these wars Budget Office predicts that the Federal besides this, but never statutorily is that everybody seems to want to com- debt held by the public will exceed 100 the Secretary of the Treasury and the mit our young men and women to. If percent of our GDP in 25 years, and two jurisdictional committees required you want to go to war, you ought to this is unsustainable. to meet and discuss this. This is the pay for it, not just put it on a credit The window to get a handle on the great thing about this bill, the imple- card. If you are not prepared to do Nation’s debt is closing very quickly. mentation of this bill. that, then end these wars. We need to enact solutions to retire Like so many Americans, my con- But just putting in danger the lives the debt before it is too late. That is stituents have watched with great con- of our brave men and women and just what the Debt Management and Fiscal cern as the debt has skyrocketed. accumulating all these massive bills Responsibility Act is all about. The SPEAKER pro tempore (Mr. TIP- that there is no accountability of I This bill creates a new debt limit TON). The time of the gentleman has think is unconscionable. framework that places greater atten- expired. Having said that, Mr. Speaker, I now tion on finding debt reduction solu- Mr. SESSIONS. Mr. Speaker, I yield 1 yield 21⁄2 minutes to the gentleman tions. It does so by injecting trans- additional minute to the gentleman from Vermont (Mr. WELCH). parency, accountability, and timeli- from Texas. Mr. WELCH. Mr. Speaker, I respect ness into the debt limit process. The Mr. MARCHANT. If we share these the motivation that underlies this bill. bill would allow Congress and the ad- concerns at all—and I know that many We have got a debt in this country that ministration to take comprehensive as- of us do—we need to pass the Debt is too large, and we have got to address sessments of the debt and its drivers Management and Fiscal Responsibility it, but this is a nonresponse. well before the statutory debt limit is Act. The job of addressing the debt be- reached. I urge my colleagues to join me in longs to Congress. It can’t be Each year since I have been in Con- supporting the rule. outsourced. The Secretary of the gress, I can pick up the newspaper one Mr. MCGOVERN. Mr. Speaker, I yield Treasury has no more authority to ad- day and find that the Secretary of the myself such time as I may consume. dress the debt than the Secretary of Maybe I can clear all this up so we Treasury announces that we have Agriculture or Education or the Demo- don’t have to debate this bill. reached our statutory debt limit and The gentleman asked a question cratic National Committee or the Re- usually proclaims a date. In this case, about extraordinary measures that the publican Campaign Committee. This is the statutory debt limit will be Secretary of the Treasury could poten- a job that has to be done, but it is our reached next March of 2017. At that tially use to deal with the debt ceiling. job to do it. point, everybody seems to go about Asking the Secretary of the Treasury I would just tell him that they are de- their business. There is no particular to come in and talk about when that fined in statute, and we will happily action taken. date certain will be on default when we provide him a copy of the statute so In fact, last month after that procla- set that date when we pass budgets that he can understand that. mation was made that we had reached I would go back to what I said in my means that we are asking somebody our statutory debt ceiling, 7 months opening statement that, if we are seri- else to do our job and asking somebody went by without us reaching the debt ous about dealing with our deficit and who actually doesn’t even have the au- ceiling. How did that happen? Well, it our debt, then maybe we ought to be thority to do the job. That belongs to happened because the Secretary of the thinking in these terms, about actually Congress. Treasury has the ability to implement not accumulating all these bills that Every time we vote on either a tax extraordinary measures. Now, if any get us to the point where we have to cut or an appropriation bill, it has committees in the Congress should raise the debt ceiling. clear implications for how that will know what those extraordinary meas- I mean, we in Congress—not the ad- impact on the debt ceiling. It is debat- ures that he is using are going to be or ministration, but we in Congress—ac- able because there are fluctuations as are, it is the Ways and Means Com- cumulate all these bills and all these to when we will hit that date. mittee and the Senate Finance Com- financial obligations. Once you do that, But it is absolutely certain that, mittee. you have to pay for them. Our con- when we appropriate money or we pass So this bill very simply lays out a stituents, when they accumulate credit tax cuts, in one case spending will go framework where, before the debt ceil- card debt, they have got to pay it. up, and in the other case revenues will ing is reached—and the Secretary of They just can’t not pay it because they go down. Treasury knows that—he has a frame- don’t want to. So we have to start be- What we have done is gone along in a work of up to 60 days to come and ap- having like adults here and understand kind of la-la land where we think we pear before the Ways and Means Com- that we need to pay our bills. can cut taxes, we can raise spending, mittee and the Senate Finance Com- I would suggest to my colleagues on and then we are astonished when a year mittee, which could be a joint meeting, the other side of the aisle that one way or so later there is actually a bill that and lay out for us when the debt ceil- we might want to save some money comes due. ing will be reached—not after we have and not add it to the deficit or to our This is not the debt management bill. reached the debt ceiling, but before we debt is to stop giving Donald Trump It is not the fiscal responsibility bill. It have reached the debt ceiling—what ex- tax cuts that you don’t pay for. is the debt mismanagement and fiscal traordinary measures he will take once irresponsibility bill. we have reached that debt ceiling and b 1345 Think about the things that we have when, in fact, he thinks we will actu- If you want to have tax cuts for done. Mr. MCGOVERN has been talking ally run out of money. wealthy individuals, fine. Pay for about it. But we had a war in Iraq, a In that report, he will actually then them. Don’t not pay for them. Stop trillion dollars. Nobody paid for that. lay out the administration’s plan on subsidizing big oil companies in this We voted to spend a trillion dollars on addressing that debt in the short term, country. tax cuts. We can have an argument

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And then just a few weeks at what you are asking for, and you Why do we have to reduce this down ago we passed tax extenders that are definitely need an injection of capital; to a political-talking-points issue in- going to reduce revenues by $2 trillion. but my question is what is your turn- stead of talking about what is fun- Actions have consequences. The con- around plan so you are not back here damentally sound economically? sequences are ones that are inevitable in 6 months or 12 months asking for You cannot spend your way out of and foreseeable as a result of the ac- more money on a failed model. debt. You cannot continue to borrow tions of this Congress. This Congress, The people’s House, the Congress, is irresponsibly and say: well, we have instead of assuming its responsibility, made up of both Republicans and the power to do it. So when we ask the tries to outsource it. Democrats. More importantly, it is Secretary of the Treasury who else The SPEAKER pro tempore. The made up of Americans. We are looking would you go to, that is who is respon- time of the gentleman has expired. at a year when the tax revenues are the sible for it. Mr. MCGOVERN. Mr. Speaker, I yield highest they have ever been—$3.25 tril- I don’t care who is sitting in there. I the gentleman an additional 1 minute. lion—yet, we continue to spend $3.7 don’t care who is in the White House. I Mr. WELCH. To someone else, it is a trillion to $3.8 trillion. care about sound, fundamental fiscal dodge. That is all it is. It is us trying Now people look at that and their policy that protects this country going to fool the American people with a eyes kind of roll back in their head. forward, not only those that are with game of three-card Monte where we are They say: I have absolutely no idea us right now, but those that came be- pretending that the problem that we what you are talking about. fore us and those that are going to are decrying had somehow mysteri- So you reduce it down to this, which come after us. ously evolved out of nowhere. I think is the most effective way of ex- We are putting ourselves in a posi- I respect the concern of the authors plaining it. Hardworking American tion that is totally going to be unre- of this bill about our debt. What I don’t couples sit down at the kitchen table. coverable. Why would we knowingly sit respect is the failure of Congress to ad- It is kitchen table economics. It is not here and think if I can pin the blame dress it. all this other stuff. It is not all these on somebody else from the political op- Mr. SESSIONS. Mr. Speaker, the rea- hieroglyphics. posite of me, I will somehow win an son why we are doing this is because The husband and the wife talk and election? one day 2 years ago the President, say: you know what, Honey, we had a Is it really that important to win an through the Treasury, wrote off $339 great year; I was able to bring home election and lose the country? Is it billion in one day. That is not respon- $32,500; what I want you to do is to go really that important to have a polit- sible. It didn’t happen in one day. out and spend $37,500 or $38,000. ical talking point that makes you feel They play games at Treasury. The They would look at each other and good about what you said so you can go President of the United States plays say: wait a minute, you told me you back home to somebody and say: you games with this issue. Now it sounds had a great year—and you did—but you saw what I did on the floor; right? like my colleagues are, also. This is an want me to spend even more money I would hope that the constituents honest attempt to have a dialogue. than you brought in. would say: yes, I did. You just put me Regardless of who is going to be We constantly tell the American peo- deeper in debt. You made it impossible President or whoever is going to be ple: you are going to have to tighten for me to plan for my future. You made Treasury Secretary next year, we want your belts; you are going to have to it impossible for us to remain one of to know what kind of games or what live within your means. And then, be- the strongest countries in the world be- kind of straightforward business they cause we don’t have to, we go out and cause debt will eliminate you. I don’t are going to operate. borrow and raise the debt ceiling. care if it is a person. I don’t care if it Mr. Speaker, at this time I yield 5 Think about that couple that is in- is a business. I don’t care if it is a minutes to the gentleman from Butler, creasing their debt load year after year State or a country. Pennsylvania (Mr. KELLY), one of the after year—deficit spending—and we We are quickly approaching the point most exciting young Members of this are crowing about the fact that you of no return. To sit here and try to Congress. know what, we have cut our deficit make it a political battle instead of Mr. KELLY of Pennsylvania. I thank spending by half a trillion dollars this survival for the United States of Amer- the gentleman for referring to me as year. Aren’t we doing well? ica is totally irresponsible. More im- young and exciting. I am going to My question is: so where does that portantly, it is immoral. phone my wife to let her know that is deficit spending go? It goes onto your This is not a political battle. This is the case. long-term debt. You are digging the a fight for the future of our country. Mr. Speaker, I come before you today hole so deep that you will never be able This is a fight for sustainability in the because I am in strong support of H.R. to climb out of it, but you are feeling greatest country the world has ever 3442. I think that sometimes we make good about it because you were able to known. this a Democratic versus Republican satisfy whatever your needs were at I do not think that any of us should issue. Responsibility is not a political that moment. ever turn our back on our responsi- issue. It is a moral issue. That is not only irresponsible, it is bility because it just wasn’t politically Irresponsibility is the problem that unconscionable. More than that, it is right. we have. I wish we could go away from immoral for people to sit in this House Mr. MCGOVERN. Mr. Speaker, let me making political talking points into as representatives of the American peo- just say I have the greatest respect for making solid policy positions that say: ple who have been given the authority my colleague from Pennsylvania, but okay, fine, if we are going to increase to tax, but they have also been given the reason why we oppose this is be- our debt ceiling, tell me why you are the responsibility to spend that hard- cause it does nothing. going to get there. working American taxpayer’s dollar. Actually, it attempts to pin the I come from the private sector. There More importantly, once you have au- blame on the Secretary of the Treas- are many times in my life I have had to thority and once you have responsi- ury, but the reality is—and I want to go to lenders and tell them I need to bility, you have got to be accountable repeat this for my colleagues on the borrow money. The first thing they not just to that person in the mirror, other side of the aisle—that Congress’ would say is: give me your financials; but, in my case, the 705,687 people that decision on revenue and spending poli- let me look at the way you are running I represent in western Pennsylvania. cies ultimately determine the level of

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\BR16\H10FE6.000 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 1683 debt and when the debt limit is global challenges we face, as one of the the National Science Foundation and reached. It is our responsibility. bill’s seven national interest criteria? its mission or are part of the National What we object to is that, instead of It is not even in there. Science Foundation mission today. debating concrete issues to reduce our I offered an amendment that would These criteria are: deficit and reduce our debt, we are in- have ensured climate change is deemed Increased economic competitiveness volved in this kind of debating a in the national interest. The Repub- in the United States; nonissue, a bill that does nothing, that lican majority would not even allow Advancement of the health and wel- will do nothing to reduce our deficit, that amendment to come to this floor fare of the American public; reduce our debt, and is a complete for debate. Development of an American STEM waste of time. The NSF is helping to lead research workforce that is globally competitive; At this point, I yield 4 minutes to the in global climate change. For example, Increased public scientific literacy gentleman from Virginia (Mr. CON- it was an NSF grant that launched a and public engagement with science NOLLY). program in my district at George and technology in the United States; Mr. CONNOLLY. Mr. Speaker, I Mason University that will help tele- Increased partnerships between aca- thank my good friend from Massachu- vision weather forecasters better in- demia and industry in the United setts for his leadership. form and explain to viewers how cli- States; I want to say to my friend from mate change will affect us and those Support for the national defense of Pennsylvania (Mr. KELLY), whom I re- communities. the United States; or, spect and admire, this isn’t like a sim- Promotion of the progress of science b 1400 ple, homespun, sit around the kitchen in the United States. table and work this out and be respon- In 2013, Mr. Speaker, I visited a place These seven national mission areas sible in paying our bills. I wish it were. called Ny-Alesund in Svalbard, Nor- encompass the overriding needs of That homespun couple in Pennsyl- way. This is the northernmost research America to which the scientific enter- vania or my district in Virginia can’t installation in the planet in the Arctic prise can contribute and advance. start a war that is unpaid for in Iraq, Circle and a leading research and moni- Under this umbrella, many scientific can’t decide to give wealthy people a toring station that serves many of our disciplines and research areas can and tax cut that is unpaid for, can’t run the international partners, including Nor- do receive support and flourish. U.S. economy into the ground that way, Italy, Japan, China, and the Neth- The amendments that were not made costs trillions of dollars in additional erlands. in order by the Rules Committee would debt because of policy choices made in I saw firsthand on that visit the rapid have opened up this NSF national mis- this Congress, not by the Secretary of decline of Arctic sea ice and rapidly re- sion statement to include every pet the Treasury. treating glaciers. The research NSF project, earmark, or political point It was Republican Vice President funds there will have environmental that Members on the other side could Cheney who actually said in the midst and geopolitical benefits to the U.S., think of. In fact, the explicit, line of all of that that debts no longer mat- and we should be expanding not re- item-directed subjects that Members ter. tracting on those commitments. I ask: wanted to add to the list of ‘‘what is in So we are glad to see the new-found How is it that research is not in the na- the national interest’’ are already cov- religion here on the floor of the House tional interest? ered by one of the seven categories in with our friends on the other side of This destructive bill will have a the bill. the aisle, who are now once again con- chilling effect on our research commu- We welcome a fair and open debate cerned about debt, debt they helped ac- nity, stifling ambitious research nec- on the merits of the bill, and several cumulate to an obscene degree. essary to a 21st century future. amendments were made in order that I rise, Mr. Speaker, in opposition to Sadly, once again, the Republican allow us to have that debate. These in- not only that bill, but to the Scientific majority insists on misinformation and clude amendments by the ranking Research in the National Interest Act belief over empirical evidence and member of the House Science, Space, bill. science. and Technology Committee, Ms. EDDIE It comes as no surprise to my con- I urge rejection of the bill. BERNICE JOHNSON of Texas, as well as stituents in Virginia that the most Mr. SESSIONS. Mr. Speaker, I yield 5 five other Democratic amendments. anti-environmental Congress—the minutes to the gentleman from Texas This rule allows us to have that fair House majority is now attempting to (Mr. SMITH), chairman of the Science, debate, and I urge my colleagues to tell the National Science Foundation Space, and Technology Committee. support it. how they ought to do and award Fed- Mr. SMITH of Texas. Mr. Speaker, I Every criticism I have heard in the eral research grants based on what thank my friend from Texas for yield- last few minutes about this bill could Congress deems worthy. ing, and I appreciate the chairman of be addressed if those who oppose the The House majority has been open the Rules Committee bringing this rule bill just took the time to read the bill. about its climate denialism and candid to the floor to allow for consideration It is only three pages long. You can about its outright political agenda of H.R. 3293, the Scientific Research in probably read it in 3 minutes. They against scientific fact. The very sci- the National Interest Act. would see that their opposition has no entific community that we should H.R. 3293 requires each National foundation whatsoever. trust to understand and forecast the ef- Science Foundation public announce- Mr. MCGOVERN. Mr. Speaker, how fects of manmade global climate ment of a grant award to be accom- much time do I have remaining? change is substituted in this bill by the panied by a nontechnical explanation The SPEAKER pro tempore. The gen- United States Congress, a bunch of of the project’s scientific merits and tleman from Massachusetts has 8 min- politicians. how it serves the national interest. utes remaining. This bill is a solution in search of a This written justification affirms the Mr. MCGOVERN. I yield myself such problem. It threatens the National National Science Foundation’s deter- time as I may consume. Science Foundation’s gold-standard mination that a project is worthy of Mr. Speaker, I urge my colleagues to merit-review process that has resulted taxpayer support based on scientific defeat the previous question. If we can in groundbreaking research over the merit and national interest. defeat the previous question, I will years, including medical, techno- The bill sets forth that NSF grants offer an amendment to the rule to logical, agricultural, and public health should meet at least one of seven cri- bring up a bill that would help prevent advancements. teria that demonstrate a grant is in mass shootings by promoting research Even worse, how are we to explain fact in the national interest. These na- on the causes of gun violence, making the majority’s decision to exclude cli- tional interest areas are in the original it easier to identify and treat those mate change, one of the most pressing enabling legislation that established prone to committing these acts.

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\BR16\H10FE6.000 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1684 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 February 10, 2016 Mr. Speaker, I ask unanimous con- tioned by the introduction of this legis- because we have jobs, we have lower sent to insert the text of the amend- lation, never mind us even considering taxes, we have great schools, we have ment in the RECORD, along with extra- it here today. I think you are dimin- people that enjoy living where they neous materials, immediately prior to ishing the incredible work that they live, and we have people that take re- the vote on the previous question. do. sponsibility. The SPEAKER pro tempore. Is there I get it. For some reason, my Repub- Across the board, Texas is a great objection to the request of the gen- lican colleagues can’t admit that we place to live. Texas does, as you have tleman from Massachusetts? have a thing called climate change heard many times, move our country There was no objection. going on around the world. So any time in a direction to more freedom, Mr. Mr. MCGOVERN. Mr. Speaker, again, anybody talks about climate change, Speaker. What we are talking about is I oppose both H.R. 3442 and H.R. 3293. you go after whatever department or freedom. With that freedom comes re- Again, on H.R. 3442, if we are serious agency it is. You attack them. You try sponsibility. about deficit and debt reduction, then to cut their funding. You try to ques- Mr. Speaker, why we are here we ought to be talking about substance tion their integrity. today—exactly as I started to say in and something real, not some sound Well, I hate to tell my Republican the very beginning—is that our Speak- bite where Members of the House can friends that climate change is real. The er, PAUL RYAN, has challenged I think point to the administration to say it is overwhelming science says it is real. If all of Congress, but in particular this all their fault. you don’t appreciate that, maybe you Republican majority, to bring forth The reality is, it really is the fault of ought to go back to school and take a good ideas that address the issues, all of us, when you come down to it, be- science class. thoughts, and answers about the prob- cause this is the place where spending When we talk about the lack of ac- lems that the United States Congress decisions are made, where tax policy is countability and the lack of proper perhaps is responsible for and perhaps made. stewardship of what we are supposed to the United States sees that we need to If my colleagues do not want to raise be doing here, that is one area where I start talking about what our future is the debt ceiling, then don’t accumulate think we have let the American people going to be. all these bills. It is Congress that does down; indeed, the world community. When he was the chairman of the this. When you accumulate all these We are sitting here debating whether Budget Committee and the Ways and bills and you have to raise the debt it is even an issue—which the Amer- Means Committee, Speaker RYAN ceiling, it is irresponsible to all of a ican people can’t believe—while things talked about growing our economy. I sudden say that we don’t want to do it continue to get worse. know our friends want to raise taxes. I and then to default on our debt. I would say to my Republican know the President of the United As I mentioned before, back in 2013, friends: admit it; climate change is for States wants to also, now that the en- when Republican extremism actually real. You are on the wrong side of pub- ergy costs are down, stick them back up and stick the American people with shut the government down, it cost our lic opinion. When you try to claim it is a $10 a barrel tax. I know that what economy $24 billion and 120,000 jobs. a hoax, you are on the wrong side of they want is more and more and more Now, $24 billion may not seem like a the scientific community and you are spending. They will get their chance lot to my Republican friends, but I as- on the wrong side of history. with the budget when it comes in a sure you that it all starts to add up. One final thing, because I couldn’t trillion dollars higher in a year than Those 120,000 jobs that were lost is all help but take note that my colleague what we are spending right now. That lost revenue coming into the govern- from Texas kind of took a jab at Mas- ment which would go to paying down is their vision. sachusetts over home heating oil. I What we are talking about today is our deficit and debt. would say to the gentleman a couple of our vision, Speaker RYAN’s vision, and If you really want to deal with this things. One, Massachusetts is leading the Republican majority’s vision. And issue, then let’s talk about things like the Nation in terms of investments in what is that? We would like to put in paying for these wars that no one renewable and green energy. I am real- place an agreement. We would like for seems to want to pay for. Let’s talk ly proud of what my State is doing. it to be a bipartisan vote. We already about not enacting tax breaks and tax I would say one other thing to the have bipartisan support. And that is so cuts for wealthy individuals and not gentleman from Texas, and that is that that we could say that, regardless of paying for it. Let’s talk about reeling his State—Texas—generates 10 times who is President and Secretary of the in some of these excessive subsidies to more emissions from heating oil, com- Treasury—right now, I don’t know who Big Oil and to other big corporate in- pared to Massachusetts. So I would it is going to be; I really couldn’t even terests in this country. Let’s talk urge him to get his State’s emissions guess—we, as a body, make sure that about passing comprehensive immigra- under control for the sake of our plan- we are focusing on what this is going tion reform, which, again, the CBO has et. to look like at the time. The gen- said would save us hundreds of billions Mr. Speaker, I yield back the balance tleman from Massachusetts was very of dollars that we could put toward of my time. clear to say we already know all these getting our fiscal house in order. Mr. SESSIONS. Mr. Speaker, how things, but we don’t. Those are real things. This is just much time do I have remaining? Mr. Speaker, I urge my colleague to talk for the sake of talk. I guess maybe The SPEAKER pro tempore. The gen- support this rule and the underlying it is a good press release; but, quite tleman from Texas has 3 minutes re- bill. frankly, I think our time would be bet- maining. The material previously referred to ter spent doing something else. Mr. SESSIONS. Mr. Speaker, I yield by Mr. MCGOVERN is as follows: Again, on H.R. 3293, the so-called Sci- myself the balance of my time. AN AMENDMENT TO H. RES. 609 OFFERED BY entific Research in the National Inter- The first thing I would like to say to MR. MCGOVERN OF MASSACHUSETTS est Act, I take great exception to those the gentleman is that Texas is bigger At the end of the resolution, add the fol- who question the integrity of the NSF. than France and Texas is bigger than lowing new sections: The National Science Foundation has Massachusetts. In fact, we have eco- SEC. 3. Immediately upon adoption of this integrity, in my opinion, beyond ques- nomic output. We have lots of people resolution the Speaker shall, pursuant to tion. The work that they do is extraor- working. We have economic prowess in clause 2(b) of rule XVIII, declare the House dinary. The work that they do leads to Texas. resolved into the Committee of the Whole all kinds of benefits not only for the We do have more output of what House on the state of the Union for consider- ation of the bill (H.R. 3926) to amend the people in this country, but for the envi- might be carbon. We do. We also had Public Health Service Act to provide for bet- ronment and people all over the world. $290 billion worth of economic activity ter understanding of the epidemic of gun vio- I think the scientists who work there that we sent overseas. Texas helps the lence, and for other purposes. The first read- are having their reputations ques- United States of America float its boat ing of the bill shall be dispensed with. All

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\BR16\H10FE6.000 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 1685 points of order against consideration of the vious question. That Member, because he Jenkins (WV) Mooney (WV) Scott, Austin bill are waived. General debate shall be con- then controls the time, may offer an amend- Johnson (OH) Mulvaney Sensenbrenner fined to the bill and shall not exceed one ment to the rule, or yield for the purpose of Johnson, Sam Murphy (PA) Sessions hour equally divided and controlled by the amendment.’’ Jolly Neugebauer Shimkus Jones Newhouse chair and ranking minority member of the In Deschler’s Procedure in the U.S. House Shuster Jordan Noem Simpson Committee on Energy and Commerce. After of Representatives, the subchapter titled Joyce Nugent Smith (MO) general debate the bill shall be considered ‘‘Amending Special Rules’’ states: ‘‘a refusal Katko Nunes Smith (NE) for amendment under the five-minute rule. to order the previous question on such a rule Kelly (MS) Olson Smith (NJ) All points of order against provisions in the [a special rule reported from the Committee Kelly (PA) Palazzo Smith (TX) bill are waived. At the conclusion of consid- on Rules] opens the resolution to amend- King (IA) Palmer Stefanik King (NY) Paulsen eration of the bill for amendment the Com- ment and further debate.’’ (Chapter 21, sec- Stewart Kinzinger (IL) Pearce mittee shall rise and report the bill to the tion 21.2) Section 21.3 continues: ‘‘Upon re- Stivers Kline Perry Stutzman House with such amendments as may have jection of the motion for the previous ques- Knight Peterson been adopted. The previous question shall be tion on a resolution reported from the Com- Labrador Pittenger Thompson (PA) considered as ordered on the bill and amend- mittee on Rules, control shifts to the Mem- LaHood Pitts Thornberry ments thereto to final passage without inter- ber leading the opposition to the previous LaMalfa Poe (TX) Tiberi vening motion except one motion to recom- question, who may offer a proper amendment Lamborn Poliquin Tipton Trott mit with or without instructions. If the or motion and who controls the time for de- Lance Pompeo Turner Committee of the Whole rises and reports bate thereon.’’ Latta Posey LoBiondo Price, Tom Upton that it has come to no resolution on the bill, Clearly, the vote on the previous question Long Ratcliffe Valadao then on the next legislative day the House on a rule does have substantive policy impli- Loudermilk Reed Wagner shall, immediately after the third daily cations. It is one of the only available tools Love Reichert Walberg order of business under clause 1 of rule XIV, for those who oppose the Republican major- Lucas Renacci Walden resolve into the Committee of the Whole for ity’s agenda and allows those with alter- Luetkemeyer Ribble Walker further consideration of the bill. native views the opportunity to offer an al- Lummis Rice (SC) Walorski SEC. 4. Clause 1(c) of rule XIX shall not ternative plan. MacArthur Rigell Walters, Mimi apply to the consideration of H.R. 3926. Marchant Roby Weber (TX) Mr. SESSIONS. Mr. Speaker, I yield Marino Roe (TN) Webster (FL) Massie Rogers (AL) THE VOTE ON THE PREVIOUS QUESTION: WHAT back the balance of my time, and I Wenstrup McCarthy Rogers (KY) Westerman IT REALLY MEANS move the previous question on the res- McCaul Rohrabacher Whitfield olution. McClintock Rokita This vote, the vote on whether to order the Williams McHenry Rooney (FL) previous question on a special rule, is not The SPEAKER pro tempore. The Wilson (SC) merely a procedural vote. A vote against or- question is on ordering the previous McKinley Ros-Lehtinen McMorris Roskam Wittman dering the previous question is a vote question. Rodgers Ross Womack against the Republican majority agenda and The question was taken; and the McSally Rothfus Woodall a vote to allow the Democratic minority to Speaker pro tempore announced that Meadows Rouzer Yoder Yoho offer an alternative plan. It is a vote about the ayes appeared to have it. Meehan Royce what the House should be debating. Messer Russell Young (AK) Mr. Clarence Cannon’s Precedents of the Mr. MCGOVERN. Mr. Speaker, on Mica Salmon Young (IA) House of Representatives (VI, 308–311), de- that I demand the yeas and nays. Miller (FL) Sanford Young (IN) The yeas and nays were ordered. Miller (MI) Scalise Zeldin scribes the vote on the previous question on Moolenaar Schweikert Zinke the rule as ‘‘a motion to direct or control the The SPEAKER pro tempore. Pursu- consideration of the subject before the House ant to clause 8 and clause 9 of rule XX, NAYS—180 being made by the Member in charge.’’ To this 15-minute vote on ordering the defeat the previous question is to give the Adams DeLauro Kind previous question will be followed by 5- Aguilar DelBene Kirkpatrick opposition a chance to decide the subject be- minute votes on adopting House Reso- Ashford DeSaulnier Kuster fore the House. Cannon cites the Speaker’s Bass Deutch Langevin ruling of January 13, 1920, to the effect that lution 609, if ordered; and suspending Beatty Dingell Larsen (WA) ‘‘the refusal of the House to sustain the de- the rules and passing H.R. 4470. Becerra Doggett Larson (CT) mand for the previous question passes the The vote was taken by electronic de- Bera Doyle, Michael Lawrence control of the resolution to the opposition’’ vice, and there were—yeas 237, nays Beyer F. Lee in order to offer an amendment. On March Bishop (GA) Edwards Levin 180, not voting 16, as follows: Blumenauer Ellison Lewis 15, 1909, a member of the majority party of- [Roll No. 65] Bonamici Engel Lieu, Ted fered a rule resolution. The House defeated Boyle, Brendan Eshoo Lipinski the previous question and a member of the YEAS—237 F. Esty Loebsack opposition rose to a parliamentary inquiry, Abraham Clawson (FL) Fortenberry Brady (PA) Farr Lofgren asking who was entitled to recognition. Aderholt Coffman Foxx Brown (FL) Fattah Lowenthal Speaker Joseph G. Cannon (R–Illinois) said: Allen Cole Franks (AZ) Brownley (CA) Foster Lowey ‘‘The previous question having been refused, Amash Collins (GA) Frelinghuysen Bustos Frankel (FL) Lujan Grisham Amodei Collins (NY) Garrett Butterfield Fudge (NM) the gentleman from New York, Mr. Fitz- Babin Comstock Gibbs Capps Gabbard Luja´ n, Ben Ray gerald, who had asked the gentleman to Barletta Conaway Gibson Capuano Gallego (NM) yield to him for an amendment, is entitled to Barr Cook Gohmert Ca´ rdenas Garamendi Lynch the first recognition.’’ Barton Costello (PA) Goodlatte Carney Graham Maloney, The Republican majority may say ‘‘the Benishek Cramer Gosar Carson (IN) Grayson Carolyn vote on the previous question is simply a Bilirakis Crawford Granger Cartwright Green, Al Maloney, Sean vote on whether to proceed to an immediate Bishop (MI) Crenshaw Graves (LA) Castor (FL) Green, Gene Matsui Bishop (UT) Culberson Graves (MO) Chu, Judy Grijalva McCollum vote on adopting the resolution . . . [and] Black Curbelo (FL) Griffith Cicilline Gutie´rrez McDermott has no substantive legislative or policy im- Blackburn Davis, Rodney Grothman Clark (MA) Hahn McGovern plications whatsoever.’’ But that is not what Blum Denham Guinta Clarke (NY) Hastings McNerney they have always said. Listen to the Repub- Bost Dent Guthrie Clay Heck (WA) Meeks lican Leadership Manual on the Legislative Boustany DeSantis Hardy Cleaver Higgins Meng Process in the United States House of Rep- Brady (TX) DesJarlais Harper Clyburn Himes Moore resentatives, (6th edition, page 135). Here’s Brat Diaz-Balart Harris Cohen Hinojosa Moulton Bridenstine Dold Hartzler Connolly Honda Murphy (FL) how the Republicans describe the previous Brooks (AL) Donovan Heck (NV) Conyers Hoyer Nadler question vote in their own manual: ‘‘Al- Brooks (IN) Duffy Hensarling Cooper Huffman Napolitano though it is generally not possible to amend Buchanan Duncan (SC) Hice, Jody B. Costa Israel Neal the rule because the majority Member con- Buck Duncan (TN) Hill Courtney Jackson Lee Nolan trolling the time will not yield for the pur- Bucshon Ellmers (NC) Holding Crowley Jeffries Norcross pose of offering an amendment, the same re- Burgess Emmer (MN) Huelskamp Cuellar Johnson (GA) O’Rourke sult may be achieved by voting down the pre- Byrne Farenthold Hultgren Cummings Johnson, E. B. Pallone Calvert Fitzpatrick Hunter Davis (CA) Kaptur Pascrell vious question on the rule . . . When the mo- Carter (GA) Fleischmann Hurd (TX) Davis, Danny Keating Payne tion for the previous question is defeated, Carter (TX) Fleming Hurt (VA) DeFazio Kennedy Pelosi control of the time passes to the Member Chabot Flores Issa DeGette Kildee Perlmutter who led the opposition to ordering the pre- Chaffetz Forbes Jenkins (KS) Delaney Kilmer Peters

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\BR16\H10FE6.000 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1686 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 February 10, 2016 Pingree Schrader Tsongas King (NY) Nunes Shuster Schrader Takano Vela´ zquez Pocan Scott (VA) Van Hollen Kinzinger (IL) Olson Simpson Scott (VA) Thompson (CA) Visclosky Polis Scott, David Vargas Kline Palazzo Sinema Scott, David Thompson (MS) Walz Price (NC) Serrano Veasey Knight Palmer Smith (MO) Serrano Titus Wasserman Rangel Sewell (AL) Vela Labrador Paulsen Smith (NE) Sewell (AL) Tonko Schultz Rice (NY) Sherman Vela´ zquez LaHood Pearce Smith (NJ) Sherman Torres Waters, Maxine Richmond Sinema Visclosky Lamborn Perry Smith (TX) Sires Tsongas Watson Coleman Roybal-Allard Sires Walz Lance Pittenger Stefanik Slaughter Van Hollen Welch Ruiz Slaughter Speier Vargas Wasserman Latta Pitts Stewart Wilson (FL) Ruppersberger Swalwell (CA) Swalwell (CA) Veasey Schultz LoBiondo Poe (TX) Stivers Yarmuth Rush Takai Takai Vela Waters, Maxine Long Poliquin Stutzman Ryan (OH) Takano Loudermilk Pompeo Thompson (PA) Watson Coleman NOT VOTING—19 Sa´ nchez, Linda Thompson (CA) Love Posey Thornberry Welch T. Thompson (MS) Lucas Price, Tom Tiberi Aguilar Hanna Quigley Wilson (FL) Sarbanes Titus Luetkemeyer Ratcliffe Tipton Castro (TX) Herrera Beutler Rothfus Yarmuth Schakowsky Tonko Lummis Reed Trott DeLauro Hudson Sanchez, Loretta Schiff Torres MacArthur Reichert Turner Duckworth Huizenga (MI) Smith (WA) Fincher Kelly (IL) NOT VOTING—16 Marchant Renacci Upton Westmoreland Marino Ribble Valadao Gowdy LaMalfa Castro (TX) Herrera Beutler Sanchez, Loretta Massie Rice (SC) Wagner Graves (GA) Mullin Duckworth Hudson Smith (WA) McCarthy Rigell Walberg ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Fincher Huizenga (MI) Speier McCaul Roby Walden Gowdy Kelly (IL) Westmoreland McClintock Roe (TN) Walker The SPEAKER pro tempore (during Graves (GA) Mullin McHenry Rogers (AL) Walorski the vote). There are 2 minutes remain- Hanna Quigley McKinley Rogers (KY) Walters, Mimi ing. McMorris Rohrabacher Weber (TX) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Rodgers Rokita Webster (FL) The SPEAKER pro tempore (during McSally Rooney (FL) Wenstrup b 1440 the vote). There are 2 minutes remain- Meadows Ros-Lehtinen Westerman So the resolution was agreed to. ing. Meehan Roskam Whitfield Messer Ross Williams The result of the vote was announced Mica Rouzer Wilson (SC) as above recorded. b 1434 Miller (FL) Royce Wittman A motion to reconsider was laid on So the previous question was ordered. Miller (MI) Russell Womack Moolenaar Salmon Woodall the table. The result of the vote was announced Mooney (WV) Sanford Yoder Stated for: as above recorded. Mulvaney Scalise Yoho Mr. ROTHFUS. Mr. Speaker, on rollcall No. The SPEAKER pro tempore. The Murphy (PA) Schweikert Young (AK) Neugebauer Scott, Austin Young (IA) 66, I was unavoidably detained. Had I been question is on the resolution. Newhouse Sensenbrenner Young (IN) present, I would have voted ‘‘yes.’’ The question was taken; and the Noem Sessions Zeldin Speaker pro tempore announced that Nugent Shimkus Zinke f the ayes appeared to have it. NOES—178 SAFE DRINKING WATER ACT IM- RECORDED VOTE Adams Edwards Lofgren PROVED COMPLIANCE AWARE- Mr. MCGOVERN. Mr. Speaker, I de- Bass Ellison Lowenthal NESS ACT mand a recorded vote. Beatty Engel Lowey The SPEAKER pro tempore. The un- A recorded vote was ordered. Becerra Eshoo Lujan Grisham finished business is the vote on the mo- The SPEAKER pro tempore. This is a Bera Esty (NM) Beyer Farr Luja´ n, Ben Ray tion to suspend the rules and pass the 5-minute vote. Bishop (GA) Fattah (NM) bill (H.R. 4470) to amend the Safe The vote was taken by electronic de- Blumenauer Foster Lynch Drinking Water Act with respect to the vice, and there were—ayes 236, noes 178, Bonamici Frankel (FL) Maloney, Boyle, Brendan Fudge Carolyn requirements related to lead in drink- not voting 19, as follows: F. Gabbard Maloney, Sean ing water, and for other purposes, as [Roll No. 66] Brady (PA) Gallego Matsui Brown (FL) Garamendi McCollum amended, on which the yeas and nays AYES—236 Brownley (CA) Graham McDermott were ordered. Abraham Collins (GA) Gohmert Bustos Grayson McGovern The Clerk read the title of the bill. Aderholt Collins (NY) Goodlatte Butterfield Green, Al McNerney The SPEAKER pro tempore. The Allen Comstock Gosar Capps Green, Gene Meeks Amash Conaway Granger Capuano Grijalva Meng question is on the motion offered by Amodei Cook Graves (LA) Ca´ rdenas Gutie´rrez Moore the gentleman from Michigan (Mr. Ashford Costello (PA) Graves (MO) Carney Hahn Moulton UPTON) that the House suspend the Babin Cramer Griffith Carson (IN) Hastings Murphy (FL) Barletta Crawford Grothman Cartwright Heck (WA) Nadler rules and pass the bill, as amended. Barr Crenshaw Guinta Castor (FL) Higgins Napolitano This is a 5-minute vote. Barton Culberson Guthrie Chu, Judy Himes Neal The vote was taken by electronic de- Benishek Curbelo (FL) Hardy Cicilline Hinojosa Nolan vice, and there were—yeas 416, nays 2, Bilirakis Davis, Rodney Harper Clark (MA) Honda Norcross Bishop (MI) Denham Harris Clarke (NY) Hoyer O’Rourke not voting 15, as follows: Bishop (UT) Dent Hartzler Clay Huffman Pallone [Roll No. 67] Black DeSantis Heck (NV) Cleaver Israel Pascrell Blackburn DesJarlais Hensarling Clyburn Jackson Lee Payne YEAS—416 Blum Diaz-Balart Hice, Jody B. Cohen Jeffries Pelosi Abraham Bishop (UT) Burgess Bost Dold Hill Connolly Johnson (GA) Perlmutter Adams Black Bustos Boustany Donovan Holding Conyers Johnson, E. B. Peters Aderholt Blackburn Butterfield Brady (TX) Duffy Huelskamp Cooper Kaptur Peterson Aguilar Blum Byrne Brat Duncan (SC) Hultgren Costa Keating Pingree Allen Blumenauer Calvert Bridenstine Duncan (TN) Hunter Courtney Kennedy Pocan Amash Bonamici Capps Brooks (AL) Ellmers (NC) Hurd (TX) Crowley Kildee Polis Amodei Bost Capuano Brooks (IN) Emmer (MN) Hurt (VA) Cuellar Kilmer Price (NC) Ashford Boustany Ca´ rdenas Buchanan Farenthold Issa Cummings Kind Rangel Babin Boyle, Brendan Carney Buck Fitzpatrick Jenkins (KS) Davis (CA) Kirkpatrick Rice (NY) Barletta F. Carson (IN) Bucshon Fleischmann Jenkins (WV) Davis, Danny Kuster Richmond Barr Brady (PA) Carter (GA) Burgess Fleming Johnson (OH) DeFazio Langevin Roybal-Allard Barton Brady (TX) Carter (TX) Byrne Flores Johnson, Sam DeGette Larsen (WA) Ruiz Bass Brat Cartwright Calvert Forbes Jolly Delaney Larson (CT) Ruppersberger Beatty Bridenstine Castor (FL) Carter (GA) Fortenberry Jones DelBene Lawrence Rush Becerra Brooks (AL) Chabot Carter (TX) Foxx Jordan DeSaulnier Lee Ryan (OH) Benishek Brooks (IN) Chaffetz Chabot Franks (AZ) Joyce Deutch Levin Sa´ nchez, Linda Bera Brown (FL) Chu, Judy Chaffetz Frelinghuysen Katko Dingell Lewis T. Beyer Brownley (CA) Cicilline Clawson (FL) Garrett Kelly (MS) Doggett Lieu, Ted Sarbanes Bilirakis Buchanan Clark (MA) Coffman Gibbs Kelly (PA) Doyle, Michael Lipinski Schakowsky Bishop (GA) Buck Clarke (NY) Cole Gibson King (IA) F. Loebsack Schiff Bishop (MI) Bucshon Clawson (FL)

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\BR16\H10FE6.000 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 1687 Clay Harris McMorris Serrano Thornberry Wasserman Act. I am not recorded because I was absent Cleaver Hartzler Rodgers Sessions Tiberi Schultz due to the birth of my son in San Antonio, Clyburn Hastings McNerney Sewell (AL) Tipton Waters, Maxine Coffman Heck (NV) McSally Sherman Titus Watson Coleman Texas. Had I been present, I would have Cohen Heck (WA) Meadows Shimkus Tonko Weber (TX) voted ‘‘aye.’’ Cole Hensarling Meehan Shuster Torres Webster (FL) f Collins (GA) Hice, Jody B. Meeks Simpson Trott Welch Collins (NY) Higgins Meng Sinema Tsongas Wenstrup SCIENTIFIC RESEARCH IN THE Comstock Hill Messer Sires Turner Westerman NATIONAL INTEREST ACT Conaway Himes Mica Slaughter Upton Whitfield Connolly Hinojosa Miller (FL) Smith (MO) Valadao Williams GENERAL LEAVE Conyers Holding Miller (MI) Smith (NE) Van Hollen Wilson (FL) Cook Honda Moolenaar Smith (NJ) Mr. SMITH of Texas. Mr. Speaker, I Vargas Wilson (SC) Cooper Hoyer Mooney (WV) Smith (TX) ask unanimous consent that all Mem- Costa Huelskamp Moore Speier Veasey Wittman bers may have 5 legislative days in Costello (PA) Huffman Moulton Stefanik Vela Womack ´ which to revise and extend their re- Courtney Hultgren Mulvaney Stewart Velazquez Woodall Cramer Hunter Murphy (FL) Stivers Visclosky Yarmuth marks and to include extraneous mate- Crawford Hurd (TX) Murphy (PA) Stutzman Wagner Yoder rial on the bill, H.R. 3293. Crenshaw Hurt (VA) Nadler Swalwell (CA) Walberg Yoho The SPEAKER pro tempore. Is there Crowley Israel Napolitano Takai Walden Young (AK) Cuellar Issa Neal Takano Walker Young (IA) objection to the request of the gen- Culberson Jackson Lee Neugebauer Thompson (CA) Walorski Young (IN) tleman from Texas? Cummings Jeffries Newhouse Thompson (MS) Walters, Mimi Zeldin There was no objection. Curbelo (FL) Jenkins (KS) Noem Thompson (PA) Walz Zinke The SPEAKER pro tempore. Pursu- Davis (CA) Jenkins (WV) Nolan Davis, Danny Johnson (GA) Norcross NAYS—2 ant to House Resolution 609 and rule Davis, Rodney Johnson (OH) Nugent Massie Rokita XVIII, the Chair declares the House in DeFazio Johnson, E. B. Nunes the Committee of the Whole House on NOT VOTING—15 DeGette Johnson, Sam O’Rourke the state of the Union for the consider- Delaney Jolly Olson Castro (TX) Hanna Mullin ation of the bill, H.R. 3293. DeLauro Jones Palazzo Duckworth Herrera Beutler Quigley DelBene Jordan Pallone Fincher Hudson Sanchez, Loretta The Chair appoints the gentleman Denham Joyce Palmer Gowdy Huizenga (MI) Smith (WA) from Illinois (Mr. RODNEY DAVIS) to Dent Kaptur Pascrell Graves (GA) Kelly (IL) Westmoreland preside over the Committee of the DeSantis Katko Paulsen DeSaulnier Keating Payne ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Whole. DesJarlais Kelly (MS) Pearce The SPEAKER pro tempore (during b 1448 Deutch Kelly (PA) Pelosi the vote). There are 2 minutes remain- Diaz-Balart Kennedy Perlmutter IN THE COMMITTEE OF THE WHOLE ing. Dingell Kildee Perry Accordingly, the House resolved Doggett Kilmer Peters Dold Kind Peterson b 1447 itself into the Committee of the Whole Donovan King (IA) Pingree So (two-thirds being in the affirma- House on the state of the Union for the Doyle, Michael King (NY) Pittenger consideration of the bill (H.R. 3293) to F. Kinzinger (IL) Pitts tive) the rules were suspended and the Duffy Kirkpatrick Pocan bill, as amended, was passed. provide for greater accountability in Duncan (SC) Kline Poe (TX) The result of the vote was announced Federal funding for scientific research, Duncan (TN) Knight Poliquin as above recorded. to promote the progress of science in Edwards Kuster Polis the United States that serves that na- Ellison Labrador Pompeo A motion to reconsider was laid on Ellmers (NC) LaHood Posey the table. tional interest, with Mr. RODNEY DAVIS Emmer (MN) LaMalfa Price (NC) Stated for: of Illinois in the chair. Engel Lamborn Price, Tom Mr. HANNA. Mr. Speaker, on rollcall No. 67 The Clerk read the title of the bill. Eshoo Lance Rangel The CHAIR. Pursuant to the rule, the Esty Langevin Ratcliffe on H.R. 4470, I am not recorded because I Farenthold Larsen (WA) Reed was absent for personal reasons. Had I been bill is considered read the first time. Farr Larson (CT) Reichert present, I would have voted ‘‘aye.’’ General debate shall not exceed 1 Fattah Latta Renacci hour equally divided and controlled by PERSONAL EXPLANATION Fitzpatrick Lawrence Ribble the chair and ranking minority mem- Fleischmann Lee Rice (NY) Mr. GRAVES of Georgia. Mr. Speaker, I ber of the Committee on Science, Fleming Levin Rice (SC) was absent today to attend the funeral of a Flores Lewis Richmond Space, and Technology. Forbes Lieu, Ted Rigell family member. The gentleman from Texas (Mr. Fortenberry Lipinski Roby Had I been present, on rollcall No. 65, I SMITH) and the gentlewoman from Foster LoBiondo Roe (TN) would have voted ‘‘yes,’’ on rollcall No. 66, I Texas (Ms. EDDIE BERNICE JOHNSON) Foxx Loebsack Rogers (AL) would have voted ‘‘yes,’’ and on rollcall No. Frankel (FL) Lofgren Rogers (KY) each will control 30 minutes. Franks (AZ) Long Rohrabacher 67, I would have voted ‘‘yes.’’ The Chair recognizes the gentleman Frelinghuysen Loudermilk Rooney (FL) PERSONAL EXPLANATION Fudge Love Ros-Lehtinen from Texas. Gabbard Lowenthal Roskam Mr. CASTRO of Texas. Mr. Speaker, my Mr. SMITH of Texas. Mr. Chairman, I Gallego Lowey Ross vote was not recorded on rollcall No. 65 on yield myself such time as I may con- Garamendi Lucas Rothfus the Motion on Ordering the Previous Question sume. Garrett Luetkemeyer Rouzer Gibbs Lujan Grisham Roybal-Allard on the Rule providing for consideration of both H.R. 3293, the Scientific Research in Gibson (NM) Royce H.R. 3293 and H.R. 3442. I am not recorded the National Interest Act, is a bipar- Gohmert Luja´ n, Ben Ray Ruiz because I was absent due to the birth of my tisan bill that ensures the grant proc- Goodlatte (NM) Ruppersberger son in San Antonio, Texas. Had I been ess at the National Science Foundation Gosar Lummis Rush Graham Lynch Russell present, I would have voted ‘‘nay.’’ is transparent and accountable to the Granger MacArthur Ryan (OH) Mr. Speaker, my vote was not recorded on American people. Graves (LA) Maloney, Salmon rollcall No. 66 on H. Res. 609—Rule Providing America’s future economic growth Graves (MO) Carolyn Sa´ nchez, Linda for consideration of both H.R. 3293—Scientific and national security depend on inno- Grayson Maloney, Sean T. Green, Al Marchant Sanford Research in the National Interest Act and H.R. vation. Public and private investments Green, Gene Marino Sarbanes 3442—Debt Management and Fiscal Respon- in research and development fuel the Griffith Matsui Scalise sibility Act. I am not recorded because I was economy, create jobs, and lead to new Grijalva McCarthy Schakowsky Grothman McCaul Schiff absent due to the birth of my son in San Anto- technologies that benefit Americans’ Guinta McClintock Schrader nio, Texas. Had I been present, I would have daily lives. Guthrie McCollum Schweikert voted ‘‘nay.’’ Unfortunately, in recent years, the Gutie´rrez McDermott Scott (VA) Mr. Speaker, my vote was not recorded on Federal Government has awarded too Hahn McGovern Scott, Austin Hardy McHenry Scott, David rollcall No. 67 on H.R. 4470—Safe Drinking many grants that few Americans would Harper McKinley Sensenbrenner Water Act Improved Compliance Awareness consider to be in the national interest.

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\BR16\H10FE6.000 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1688 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 February 10, 2016 For example, the National Science Opponents of this bill must think the primary driver of our Nation’s eco- Foundation awarded $700,000 of tax- they know better than the NSF direc- nomic growth and innovation. In innu- payer money to support a climate tor. Director Cordova testified before merable ways, our investments in basic change-themed musical that quickly the House Science, Space, and Tech- research have paid back a wealth of closed and almost $1 million for a so- nology Committee that the policy in dividends. cial media project that targeted Amer- H.R. 3293 is compatible with the NSF’s This fact is widely recognized across icans’ online political speech. internal guidelines. This legislation academia and industry. The National A few other examples of questionable makes that commitment clear, ex- Academies’ ‘‘Rising Above the Gath- grants include: $487,000 to study the plicit, and permanent. ering Storm’’ report made this point a Icelandic textile industry during the Today, the NSF funds only one out of decade ago. That panel, chaired by the Viking era; $340,000 to study early five proposals submitted by our sci- former head of Lockheed-Martin, un- human-set fires in New Zealand; entists and research institutions. derstood that investment in basic re- $233,000 to study ancient Mayan archi- How do we assure hardworking Amer- search was fundamentally in the na- tecture and their salt industry; and ican families that their tax dollars are tional interest. $220,000 to study animal photos in Na- spent only on high priority research When we passed the America COM- tional Geographic magazine. when we spend $700,000 of their money PETES Reauthorization Act of 2010 as When the NSF funds such projects as on a short-lived climate change- part of the Democrats’ innovation these, there is less money to support themed musical? It is not Congress’ agenda, that bill was endorsed by hun- worthwhile scientific research that money, it is the taxpayers’. dreds of business and research organi- keeps our country on the forefront of How could elected representatives zations, including the U.S. Chamber of innovation. Such areas include: com- not agree that we owe it to American Commerce and the National Associa- puter science, advanced materials, la- taxpayers and the scientific commu- tion of Manufacturers. They all under- sers, telecommunications, information nity to ensure that every grant funded stood that investment in basic research technology, development of new medi- is worthy and in the national interest? is in the national interest. cines, nanotechnology, cybersecurity, With a national debt that now ex- What is this bill really about? Is it and dozens of others that hold the ceeds $19 trillion and continues to really about enhancing our Nation’s greatest promise of revolutionary sci- climbs by hundreds of billions of dol- ability to innovate? No. Sadly, this bill entific breakthroughs. These sectors lars each year, we cannot fund every continues the Republican majority’s can create millions of new jobs and worthy proposal, much less frivolous preoccupation with second-guessing transform society in positive ways. ones like a climate change musical. America’s best and brightest research NSF invests about $6 billion a year of The legislation before us reaffirms in scientists. For the past 3 years, the Committee taxpayer funds on research projects law that every NSF grant must support on Science, Space, and Technology ma- and related activities. research that is demonstrably in the jority has been engaged in a relentless The 1950 enabling legislation that national interest. and pernicious campaign against re- created the NSF set forth the Founda- Scientists still make the decisions. search grants with silly or odd sound- tion’s mission and cited the ‘‘national They just do not get a blank check interest’’ as the foundation for public ing titles. signed by the taxpayer. They need to Republicans have used that time to support and dissemination of basic sci- be accountable to the American people carry out an unprecedented rifling entific research. by showing their proposals are, in fact, through the 70 NSF grants reviews. The Science in the National Interest in the national interest. After all this effort, did they find any Act reaffirms and restores this crucial H.R. 3293 passed the House Science, evidence of wrongdoing? No. The only mission. This will add transparency, Space, and Technology Committee in thing they found was what they al- accountability, and credibility to the October by a voice vote. ready knew: each of the research NSF and its grant process. Congress has a responsibility to en- grants had passed NSF’s merit review H.R. 3293 requires NSF grants to sure that taxpayer dollars are spent meet at least one of seven criteria that process with flying colors. wisely and are focused on national pri- The majority may not like it and demonstrates it is in the national in- orities. This bill is an essential step to wish the results were different, but terest. These seven criteria are: in- restore and maintain taxpayer support those are the facts. Let me be clear. creased economic competitiveness in for basic scientific research. Some of the greatest scientific achieve- the United States; advancement of the I encourage my colleagues to support ments of the past 60 years were the re- health and welfare of the American this bill. sult of funny sounding research, in- public; development of an American I reserve the balance of my time. cluding research that was ridiculed in STEM workforce that is globally com- Ms. EDDIE BERNICE JOHNSON of Congress as frivolous. petitive; increased public scientific lit- Texas. Mr. Chairman, I yield myself There are scores of examples. One of eracy and public engagement with such time as I may consume. my favorites is ‘‘The Sex Life of the science and technology in the United I rise in strong opposition to H.R. Screwworm,’’ surely one of the silliest States; increased partnerships between 3293, the Scientific Research in the Na- sounding titles for research there could academia and industry in the United tional Interest Act. possibly be. So silly, in fact, that in States; support for the national defense I oppose this bill because I believe the 1970s, the grant was ridiculed as an of the United States; and promotion of that this bill will hurt the Nation’s example of government waste on the the progress of science in the United premier basic research agency, lead to Senate floor. Sounds a lot like what States. less high reward research, and, ulti- the majority is doing here today. Both the National Science Founda- mately, leave America less competi- It turned out that the screwworm tion director and the National Science tive. was costing the U.S. cattle industry a Board have endorsed the principle that My Republican colleagues have a small fortune. As a direct result of this NSF should be more accountable in its simple argument for their legislation: silly sounding research, the cattle in- grant funding decisions. Shouldn’t NSF research be in the na- dustry saved approximately $20 billion To NSF Director France Cordova’s tional interest? That is a very good in the U.S. and significantly reduced credit, the NSF began to implement question, but one that can be easily an- the cost of beef to U.S. consumers. new internal policies last year that ac- swered. knowledge the need for NSF to commu- My answer is that NSF research is al- b 1500 nicate clearly and in nontechnical ready in the national interest. It has At its core, this bill is about second- terms the research projects it funds been for more than 60 years. guessing our Nation’s best and bright- and how they are in the national inter- The Federal investment in basic re- est scientists and the grant-making de- est. search over the past 60 years has been cisions they make.

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\BR16\H10FE6.000 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 1689 Perhaps this is not surprising when The NSF invests about $6 billion of do all sorts of things that, to a so many of my Republican colleagues public funds each year on research layperson, may not be very obvious. openly question the validity of whole projects and related activities. It is the Because I am not a scientist and be- fields of established science, from the only Federal agency that is dedicated cause most people are not scientists, I social sciences to climate science to to the support of fundamental research think that is perfectly fine, that we evolutionary biology. and education in all scientific and en- don’t have all sorts of redundant Far from adding anything useful to gineering disciplines. writings that explain what an experi- the NSF’s review process, H.R. 3293 Since its creation in 1950, the NSF ment does. Let me give you one exam- would add more bureaucracy and pa- has served a mission that helps make ple that is on the NSF’s Web site. perwork. Yet, my biggest concern the United States a world leader in One of the grants is to study funny- about these requirements is that they science and innovation. In recent looking colored clay in France, blue- will push NSF reviewers to fund less years, however, the NSF has seemed to green clay in another country. It high-risk research, which, by its very stray away from its created purpose sounds like a really silly grant, doesn’t nature, entails the pursuit of scientific and has funded a number of grants that it? understanding without it necessarily few Americans would consider in the It turns out that, when they looked having any particular or known ben- national interest. at it, there were properties in this efit. We know that high-risk research H.R. 3293 seeks to restore the NSF’s blue-green clay in France that kill bac- tends to have the highest reward, critical mission by requiring the NSF teria, anti-bacterial properties that something that we have seen through- to explain in writing and in non-tech- can help deal with MRSA, that can out the history of the NSF. nical language how each research grant help deal with superbugs. This can be a I am not alone in my concerns. The awarded supports the national interest groundbreaking grant, a ground- President’s science adviser, Dr. John and is worthy of Federal funding. breaking discovery, but under this bill, Holdren, noted: Now, think about that for a moment: it might have problems being funded. H.R. 3293 would create doubt at NSF and in not just explaining it in scientific Ultimately, what this is really about the research community about Congress’ terms that the fellow scientific com- and what I have learned now in Con- real intent in calling into question the ade- munity can understand, but also in gress is that often we are very arro- quacy of NSF’s gold standard merit-review gant. We do not trust scientists. We do process for applied as well as for basic re- terms that taxpayers can understand. In a time of distrust and suspicion of not trust the people in America. search. This is an arrogant bill that sort of This could easily have a chilling effect on the Federal Government and of all in- says we know best, not the scientists the amount of basic research that scientists stitutions, that is a very important who are doing peer reviews of what propose and that NSF chooses to fund, with key point, being able to explain to the grants to fund, and that we know detrimental consequences for this Nation’s folks back home why it matters. leadership in science, technology, and inno- which experiment might do exactly The bill also sets forth that NSF vation alike. what. grants should meet one of seven cri- Mr. Chair, I choose to stand with the It turns out, in science, lots of times teria that demonstrates the grant is in scientists when it comes to science. scientists study one area and get a the national interest. completely different, amazing dis- For that reason, I strongly oppose this Today, as was noted by the chair- covery in a totally unrelated area. We legislation. man, the NSF is able to fund only one I reserve the balance of my time. need to fund basic science. We need to out of every five proposals. This is a Mr. SMITH of Texas. Mr. Chairman, I take our hands off this. We need to critical bill to restore faith in the proc- yield myself 30 seconds. trust scientists and trust the people in ess. We need to pass this. I say to the gentlewoman from Texas America. that her objections are simply too late. Ms. EDDIE BERNICE JOHNSON of Do not pass this bill. We are not that They are too late because the Director Texas. Mr. Chair, I yield 3 minutes to arrogant. We should not determine of the National Science Foundation has the gentleman from California (Mr. what scientists are to be doing and already incorporated the national in- TED LIEU). that we know better than they do, be- terest standard into the current guide- Mr. TED LIEU of California. Mr. cause we do not. I ask for opposition to lines that are being used at the Na- Chair, I rise to oppose this bill. this bill. tional Science Foundation. We are al- America is an exceptional nation. Mr. SMITH of Texas. Mr. Chairman, I ready using that, and the bill makes One of the reasons we are the best yield myself 30 seconds. them permanent. country in the world is that we believe I really wish the people who say they I do like the gentlewoman’s example in science and we believe in innova- oppose this bill would actually read the of a screwworm because that is a rea- tion. Our country has always believed bill. It is only three pages long. They son to vote for the bill and not to op- in physics and in chemistry, and we can probably read it in 3 minutes. Let pose the bill. One of the requirements trust scientists. me read the last sentence of the bill in the bill is that these grants be ex- The National Science Foundation has itself. plained in plain English so that we helped this country grow in terms of ‘‘Nothing in this section shall be con- know their connection to the national innovation and in terms of amazing strued as altering the Foundation’s in- interest. Clearly, there would be no scientific discoveries. It is not broken. tellectual merit or broader impacts cri- problem in explaining why the example So why are we trying to meddle with teria for evaluating grant applica- she gave is connected to the national what the scientists have done? tions.’’ interest. The chairman mentioned some exam- Despite what just might have been In a few minutes, I will give just a ples of grants that sounded sort of told, we don’t interfere with the merit- few more examples of how taxpayers’ funny. I understand that most of the review process whatsoever. money is currently being used and Republican legislators do not believe in The other thing is, when you come up should not be used. climate change, but the overwhelming with an example, as the gentleman just Mr. Chairman, I yield 2 minutes to majority of scientists do, as does the gave, it is clearly in the national inter- the gentleman from Oklahoma (Mr. U.S. military, as does ExxonMobil est. All we are asking is that the expla- LUCAS), who is the vice chairman of the today. nation show why it is in the national Science, Space, and Technology Com- One of the grants had to do with how interest. mittee. people learn about climate change. Mr. Chairman, I yield 2 minutes to Mr. LUCAS. I thank Chairman SMITH That is vitally important because cli- the gentleman from Georgia (Mr. for the time. mate change is going to affect our chil- LOUDERMILK), who is the chairman of Mr. Chairman, I rise today in support dren and our grandchildren. the Oversight Subcommittee of the of H.R. 3293, Scientific Research in the It is true that some of these grants Science, Space, and Technology Com- National Interest Act. sound funny. That is because scientists mittee.

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\BR16\H10FE6.000 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1690 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 February 10, 2016 Mr. LOUDERMILK. I thank the gen- Snowmobile Challenge in which stu- The exciting part of research is that, tleman from Texas, the chairman, for dents formed teams to engineer a lower at the start, we do not know what we yielding this time and for his leader- emissions snowmobile. will find; so, we cannot accurately pre- ship on this issue. Engineering competitions are both dict ahead of time all of the implica- Mr. Chairman, last month the Con- an important proving ground for new tions the research will have on specific gressional Budget Office released an technologies and an incredible oppor- national priorities. Instead, we should updated deficit projection for fiscal tunity for students to engage in real- invest and encourage high-risk, high- year 2016. The CBO now expects that world engineering challenges. reward research. our deficit will be $544 billion this year, My colleagues frequently talk up the I urge my colleagues to oppose this which is an increase from the original importance of STEM competitions. The legislation. projection of $414 billion. Science, Space, and Technology Com- b 1515 Now, more than ever, Congress needs mittee has held entire full committee to work diligently to reduce spending hearings on that very topic. Now some Mr. SMITH of Texas. Mr. Chairman, I and balance the Federal budget. How- of my same colleagues would ridicule yield myself 30 seconds. ever, it is equally important for us to an engineering competition just be- Here are some more reasons why we make sure that every taxpayer dollar cause it might have a climate change need this bill, and these are some more that is spent is used responsibly. benefit. examples of how taxpayers’ dollars That is why I am an original cospon- I hope all of my colleagues here have been spent: $200,000 to tour Europe sor of the Scientific Research in the today agree with me that encouraging for an overview of the Turkish fashion National Interest Act. It will help en- and, certainly, promoting our next gen- veil industry; $1.5 million to study pas- sure that the National Science Founda- eration of engineers is definitely in the ture management in Mongolia; $735,000 tion, one of our Nation’s most critical national interest, even when it results for the American Bar Association to research agencies, is using its funding in less pollution. follow young lawyers’ careers; $920,000 in the most beneficial way possible. This grant, singled out for ridicule by to study textile making in Iceland dur- This bill requires the NSF to explain some in the majority, is just another ing the Viking era; $164,000 to study how each of its grants further Amer- example of why we should be concerned Chinese immigration to Italy in 1900. ica’s best interests. This could be done about the intent of this legislation. There are dozens and dozens of more through advancing STEM education, I would also like to point out that I examples. Mr. Chairman, I yield 4 minutes to national defense, economic competi- strongly believe that the current gold the gentleman from Texas (Mr. WEBER) tiveness, public health, or other key standard merit-review process works who is the chairman of the Energy priorities. and that we should not be politicizing By requiring the NSF to justify its science. Subcommittee of the Science, Space, research, this bill will help crack down The sheer number of amendments to and Technology Committee. Mr. WEBER of Texas. Mr. Chairman, on frivolous government programs. this legislation demonstrates the I rise in support of Chairman SMITH’s And, yes, Mr. Chairman, there are friv- flawed methodology of trying to define bill, H.R. 3293. At a time when budget olous government programs. which research is in the national inter- constraints and the deficit loom large For example, the NSF is currently est. and ominous, why in the world would spending $374,000 of taxpayer money on I think all of the Members who of- anyone object to more transparency a study of the ups and downs of senior fered amendments to this section and accountability? Can anyone ex- citizens’ dating experiences. While we would agree that important priorities plain that to me? I didn’t think so. all want, I am sure, Americans to enjoy have been left out. Personally, I be- Here is how some of our hardworking their romantic lives throughout the lieve we have unacceptably overlooked taxpayer money is being spent. clean drinking water and climate year, we cannot afford this type of Mr. Chairman, I have a list of 41 change. wasteful taxpayer spending when we studies and programs that, if taxpayers I offered an amendment with Con- have a $19 trillion debt. knew, they would rise up and revolt. gressman KILDEE that would expand This commonsense legislation will Some of the more notable are: the priority of advancement of health ensure that NSF research is well di- $227,000 to review animal photos in Na- and welfare to include clean drinking rected and that it will help prevent val- tional Geographic magazine. (what baboon water explicitly. Unfortunately, this uable taxpayer dollars from being thought that up?) wasted. amendment was not made in order. $350,000 to study human-set fires in New I urge my colleagues to support this As we have seen in the news recently Zealand in the 1800s. (the main ‘‘human set bill. out of Flint, Michigan, we have taken fire’’ here is our taxpayer dollars being burned) Ms. EDDIE BERNICE JOHNSON of our drinking water infrastructure for $200,000 to tour Europe for an overview of Texas. Mr. Chair, I yield 4 minutes to granted for decades. This neglect and the Turkish fashion-veil industry. (I am re- the gentleman from New York (Mr. lack of investment has caused serious minded that fashion is a form of ugliness so TONKO). public health issues. bad, it has to be changed about every 6 Mr. TONKO. I thank the gentle- We need to invest more, but we months!) woman from Texas for yielding. should not invest in a 20th or, in some $735,000 for the American Bar Association Mr. Chair, I oppose this bill, which cases, in a 19th century drinking water to follow young lawyers’ careers (3 awards). represents an effort by politicians to system. $920,000 to study textile-making in Iceland overrule expert scientists in deciding A 21st century economy requires a during the Viking era (2 awards). which scientific grants the NSF should 21st century infrastructure, but that $50,000 to support STEM education in Sri fund. cannot happen unless it is coupled with Lanka. In defense of their misguided effort, the critical research that will help us $164,000 to study Chinese immigration to some of my colleagues like to pick a improve the construction, the oper- Italy (1900 to present). grant and poke fun at it or trivialize it ation, and the maintenance of our $20,000 to study stress among people from or simply state that, in their opinion, water systems. Our Nation’s future lowland Bolivia (one of 12 awards). it is not worth funding. public health and economic develop- $147,000 to analyze fishing practices at One of the grants that has been sin- ment are counting on it. Lake Victoria, Africa. (Heck: all you gotta do is gled out is entitled Participant Sup- Clean drinking water is one of many come down to my district in Galveston TX and port for the Zero Emissions Category important priorities not listed in this we’ll show you how to analyze fishing prac- of the Clean Snowmobile Challenge. legislation. However, beyond missing tices for a lot less and you can spend that Snowmobiles are ideal modes of important priorities, I am concerned money in our country!) transportation in extreme polar loca- that this legislation will limit critical $147,000 to study international marriages tions. This grant funded the Clean research. between citizens of France and Madagascar.

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00029 Fmt 0688 Sfmt 9920 E:\BR16\H10FE6.000 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 1691 $50,000 to study civil lawsuits in colonial thing being set on fire here is tax- completely mischaracterizes our objec- Peru (1600–1700 AD). payers’ dollars. tions. $250,000 to survey public attitudes about $200,000 to tour Europe for an over- These standards sound constructive the Senate filibuster rule. view of the Turkish fashion veil indus- and benign—increased economic activ- $300,000 to study law firms in Silicon Val- try. I am reminded what a friend of ity, advancement of health and wel- ley. mine says. He says fashion is a form of fare, support for the national defense, $170,000 to study basket weaving among ugliness so bad that we have to change et cetera—but only one of the seven Alaskan native peoples (2 awards). Perhaps it every 6 months, and yet we want to definitions even mentions science. The that’s what folks think Congress is majoring in. study it over in another country. last one says for the ‘‘promotion of the $276,000 to study the pre-history of $147,000 to analyze fishing practices progress of science for the United Chiapas, Mexico. at Lake Victoria, Africa. Heck, folks, if States,’’ whatever that means. $246,000 to study migration and adoption y’all come on down to Galveston, Where, oh, where is the commitment between Peru and Spain. Texas, we will show y’all how to fish to basic research, the kind of funda- $134,000 to study Late Bronze Age metal- and analyze that, and you can spend mental research that I know all of us lurgy in the Southern Urals, Russia. money in our country. value? $195,000 to contrast the histories of Pata- $170,000 to study basket weaving Listen to all the funny names that would have sounded especially funny at gonian and Amazonian national parks. among Alaskan Native peoples. Is it the time: Would Einstein’s 1905 papers $281,000 to analyze the history of Izapa, any wonder that most of Americans on special relativity, on the photo- Mexico. think Congress must major in basket electric effect, and on Brownian mo- $136,000 to study life/history transitions weaving? tion even qualify under the seven defi- among indigenous people of northern Argen- These are just some of the more no- nitions? How about Niels Bohr’s re- tina. table ones, Mr. Chairman. I could go on $27,000 to study Mayan wooden architec- search on quantum mechanics? How through the 41 on the list. For exam- about Murray Gell-Mans’ work on par- ture and salt industry (600–900 AD). ple, $330,000 to study the careers of 2,500 $92,000 to study Mexico’s public vehicle ticle physics in quarks? How about new lawyers in Russia. It is not that we Rosalind Franklin’s work on the crys- registration system. don’t have enough lawyers over here in $373,000 to study Chinese kinship, wom- tallography of DNA? America; now we are concerned about My college roommate spent 4 years en’s labor and economy (1600–2000 AD). the ones in Russia. $152,000 to analyze accountability and at Berkeley, 1972 to 1976, studying I could go on and on, Mr. Chairman. something called Roman spectroscopy. transparency in China’s dairy industry. I just want to simply say, I urge my $300,000 to study Cyprus during the Bronze He had no idea what it would do. Today colleagues to support transparency and we call them MRIs. Age (2 awards). accountability on behalf of our con- $226,000 to study cultural dynamics in west- That is the whole point of basic re- stituents and taxpayers. After all, they search. We don’t know where it will ern Turkey. are paying the freight for this stuff. $119,000 to coordinate an international ar- lead. We don’t know that it is in the Shouldn’t we be open and accountable national interest. It just adds to our cheological project in the S. American Andes. to them? $300,000 to produce an experimental dance knowledge. I commend Chairman SMITH for his On the Science, Space, and Tech- program about nature and physics. nology Committee, we reveled in the $516,000 to help amateurs create a video bill and for putting hardworking tax- NASA presentation of the Pluto photo- game—‘‘Relive Prom Night.’’ paying Americans first. graphs. How does our New Horizons $200,000 to devise social media algorithms Ms. EDDIE BERNICE JOHNSON of mission to Pluto possibly qualify under for ‘‘Truthy.com,’’ a website aimed at cen- Texas. Mr. Chairman, I yield 3 minutes to the gentleman from Virginia (Mr. the seven definitions of the national in- soring political speech by Tea Party members, terest? conservatives, etc. BEYER). Mr. BEYER. Mr. Chair, I rise to voice I respect that the chair of the $605,000 to travel and study why people Science, Space, and Technology Com- around the world cheat on their taxes. my strong opposition to H.R. 3293, the legislation of my friend, Chairman mittee wants the NSF funds expended $193,000 to study human fish consumption into legitimate scientific research. I in Tanzania (300–1500 AD). LAMAR SMITH, the so-called Scientific Research in the National Interest Act. agree. Mr. SMITH used the phrase ‘‘de- $221,000 to study use of ochre pigment for monstrably in the national interest.’’ painting in Stone Age Kenya. I understand the genesis of this bill: Mr. SMITH’s dismay at some of the ti- How could we definitely know, when all $101,000 to pay for American psychologists of basic research is, by definition, long to international conferences. tles of the National Science Founda- tion’s funded research. term rather than short term? $250,000 to educate local TV meteorolo- Let’s let the scientists decide and op- This bill is the wrong approach to ad- gists about climate change (2 awards). pose this well-meaning but ill-con- dressing the very occasional misuse of $38,000 to consider whether livestock ceived legislation. herding families in rural, undeveloped areas NSF grants, and it represents classic Mr. SMITH of Texas. Mr. Chairman, I have more children in response to herd short-term thinking. yield myself 30 seconds. growth, or if increased family size drives herd I am a businessman, and I know of no To those who are on the other side, I growth. one in the business community who really again encourage them to read $193,000 to study human fish consumption wants politicians or government to de- the bill. It is three pages long. There is in Tanzania (1300–1500 AD). cide business winners or losers. nothing in the bill that says we are $38,000 to study prehistoric rabbit hunting Of course, none of us, Democrat or going to tell the scientists what to do on the Iberian Peninsula. Republican, believe that politicians or think. It is very clear, in the exam- $1.8 million to study the potential of com- should be making science decisions ei- ples that the gentleman just gave, that mercial fish farming at Lake Victoria, Africa. ther. I believe Representative BILL all of those are connected to the na- $330,000 to study the careers of 2,500 new FOSTER is the only Ph.D. scientist in tional interest. If a scientist can’t ex- lawyers in Russia. the House, and the rest of us don’t plain that, then there are greater prob- $1.5 million to study pasture management in qualify. lems than we might expect. Mongolia. By proclaiming the seven definitions The other point is, to repeat what I Mr. Chairman, some of the more no- of what science is in the national inter- said a while ago, if you oppose the na- table are: est, we politicians are, in fact, deciding tional interest standard, you are too $227,000 to review animal photos in what is worthy of scientific research. late. The National Science Foundation National Geographic magazine. What By the way, no one on this side yet has Director has incorporated the national baboon thought that up? raised any objections to the trans- interest standard in the current guide- $350,000 to study human-set fires in parency or the accountability of the lines. If you want to oppose the bill be- New Zealand in the 1800s. The only National Science Foundation. That cause you don’t want to make the

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\BR16\H10FE6.000 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1692 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 February 10, 2016 standard permanent, that is your pre- with which NSF has implemented the Ms. EDDIE BERNICE JOHNSON of rogative, but don’t oppose the national broader impacts criteria suggests to Texas. Mr. Chairman, I yield myself interest standard that is in the current me that they could implement this lan- such time as I may consume. guidelines. guage without changing the nature of I want to point out that this grant Mr. Chairman, I yield 5 minutes to the research they fund. was mentioned earlier in remarks. In the gentleman from Illinois (Mr. LIPIN- There is some concern that this bill defense of their misguided efforts, SKI), who is an original cosponsor of would cause the Foundation to become some of our colleagues like to pick cer- this legislation. more risk averse or applied, not fund- tain grants and make fun of them—just Mr. LIPINSKI. Mr. Chairman, I want ing breakthrough grants like the one as has just been said—and then say to start where we all have agreement. that started Google. So let’s take a they are not worth funding. I think everyone would acknowledge look at that grant. One of the grants that my colleagues that they want research funded by the The NSF funded the Stanford Inte- like to pick on is a grant entitled, NSF to be in the Nation’s interest. We grated Digital Library Project in 1994, ‘‘Ecosystems Resilience to Human Im- agree the Nation’s interest is furthered and the research conducted through pacts: Ecological Consequences of by promoting scientific progress. That that grant, as well as other private and Early Human-Set Fires in New Zea- is certainly one of the principal rea- public support, including a graduate re- land.’’ It may be easy for some of my sons that I have served on the Science, search fellowship for Sergey Brin, led colleagues to question why the Federal Space, and Technology Committee for to the algorithms that were the intel- Government should spend money on 12 years. lectual basis of Google. studying fires that were set in a for- We also have some disagreements. I The purpose of that grant, as stated eign country hundreds of years ago. have respectfully disagreed with the in the abstract, was ‘‘to develop the en- Apparently, it is harder for them to chairman over his criticisms of some abling technologies for a single, inte- spend 5 minutes reading the abstract. It turns out that those early settlers NSF grants. At a hearing in November grated and ‘universal’ library, proving in New Zealand caused the loss of more of 2013, I spoke out strongly against a uniform access to the large number of than 40 percent of the forests in just very different NSF bill, and I believe emerging networked information decades. By studying the long-term ef- some people are confusing that bill sources and collections.’’ Even putting fect on the ecosystem impacts of those with this bill that we have here today. aside the emerging collections on the long-ago fires, we can gain knowledge If you read this bill’s text, I don’t be- Web that could be impacted, that grant to help natural resource managers lieve you can find anything that could clearly seemed to have the potential to make smarter decisions about how to undermine the merit review process at promote the progress of computer mitigate, prepare for, and respond to the NSF. In fact, I think this bill will science and be worthy of Federal fund- massive wildfires in our own country. help protect the NSF from future at- ing and, thus, would have been funded It is right in the public interest. tacks and make the Foundation under the provisions of this bill. Indeed, the debate around this bill Just to put an economic figure to stronger. has focused less on the language in the this, in 2012, the United States spent $2 H.R. 3293 says research funded by the bill and more on the concern of inten- billion to suppress over 65,000 wildland NSF must be worthy of Federal fund- tions behind the bill. As I have said, I fires that burned over 9 million acres. ing and in the national interest. The have disagreed with recent criticisms national interest is defined by a series b 1530 of the NSF. Time has shown us that of broad criteria, one of which is that a It sounds like this is of national in- some of William Proxmire’s Golden grant have the potential to promote terest to study the long term impact of Fleece Awardees have proven to be ‘‘the progress of science for the United fires that were set so many years ago. golden geese, as Ranking Member States.’’ It is difficult to conceive of I choose to stand with the scientists JOHNSON mentioned in her opening when it comes to science. For that rea- research that would be recommended statement. by an NSF peer review panel that I think much of the criticism of son, I really uphold this misguided bill. Mr. Chair, I reserve the balance of would not meet that standard. Thus, it grants comes from misunderstandings. is difficult for me to see how this my time. This bill can help prevent misunder- Mr. SMITH of Texas. Mr. Chairman, I standard could harm the work that the standings or at least give NSF a better Foundation does. have one more Member on the way to ability to defend its work. This will the floor to speak, and then I am pre- The bill clearly states that it is the come from the requirement that ab- job of the Foundation to determine pared to close. stracts be rewritten to more plainly ex- I reserve the balance of my time. what is worthy of funding, not politi- plain the purpose of a grant. cians, and that nothing in the bill Ms. EDDIE BERNICE JOHNSON of I applaud the NSF for steps they Texas. Mr. Chair, I have no further re- would alter NSF’s blunted peer review have already taken to better explain process, which we agree is the gold quests for time. why scientific research is valuable and I reserve the balance of my time. standard for funding scientific re- to better explain why promoting the Mr. SMITH of Texas. Mr. Chairman, I search. As a scientist myself, I believe progress of science is in the Nation’s yield 2 minutes to the gentleman from this is as it should be. interest and worthy of Federal funds. Texas (Mr. BABIN), who is on his way to Nevertheless, there have been sugges- This policy and this bill will further the podium right now. tions that this bill is politicians cre- help the NSF defend worthwhile Mr. BABIN. Mr. Chair, I rise today in ating a political filter on what research grants. strong support of H.R. 3293, the Sci- should be funded, but it is striking how All of us may never see eye to eye on entific Research in the National Inter- similar this language is to the broader what types of research should be sup- est Act. impacts criterion that we advanced in ported by the Federal Government. For The National Science Foundation a bipartisan fashion in the 2010 COM- example, I see more value in social spends $7 billion in taxpayer funds, PETES Reauthorization Act. There science and geoscience than many of most of which goes to important re- was no concern at the time about that my colleagues on the other side of the search that helps advance America’s language being a political filter, nor aisle, and I never miss an opportunity competitive edge. However, the NSF was there any concern that broader im- to point that out. has funded far too many wasteful pacts be applied to a portfolio of But far from acting as a political fil- projects that are not in the national grants, rather than individual awards. ter, I believe this bill will help the NSF interest. Furthermore, at the time, the Foun- continue to be the world’s preeminent Here are several examples: $1.5 mil- dation already had broader impact cri- foundation in funding scientific re- lion to study pasture management in terion as part of their review process, search, and that is why I ask my col- Mongolia; $147,000 to study inter- yet this committee still acted to put leagues to join me in supporting this national marriages between the citi- the criteria in statute. And the ease bill. zens of France and Madagascar; $20,000

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They need to elected U.S. Representative would op- and accountability, this bill will help be accountable to the American people pose requiring government grants fund- strengthen those reforms and make by showing that their proposals are in ed by the U.S. taxpayer to be spent in them permanent. the national interest. the national interest. Whose money do The Director of the NSF even testi- What the bill does do is ensure that they think the NSF spends on these fied before the House Science, Space, the results of the peer-review process frivolous research grants? The tax- and Technology Committee that the are transparent and that the broader payers should know how their hard- policy of H.R. 3293 is ‘‘compatible with societal impact of the research is bet- earned dollars are, in fact, being spent. the NSF’s internal guidelines.’’ ter communicated to the public. This I ask my colleagues to bolster trans- I highly commend Chairman LAMAR makes it clear how the grant is in the parency and accountability, protect SMITH for his leadership on this impor- national interest. American taxpayers, and promote tant bill, and I encourage my col- Another common falsehood spread by good, fundamental science and basic leagues to very much support it. opponents of the bill is that it means research. Ms. EDDIE BERNICE JOHNSON of research projects will be judged by the Mr. Chairman, I want to thank the Texas. Mr. Chairman, once again, I title as to whether or not they are wor- gentleman from Illinois who spoke just stand with the scientists. I also stand thy of Federal funding. Again, this is a minute ago. He made a really, really with the President’s potential state- false. The bill actually corrects a past good point that I want to repeat, and ment. If this bill is presented to the problem with some NSF-funded grants. that is that this bill is actually going President, scientists have recom- Often, the title and an incomprehen- to help strengthen the National mended that he veto it. sible summary were all that was pub- Science Foundation because it is going I stand with the scientists again and licly available about a research grant. to give it more credibility and tax- ask the people to vote against this bill. The bill ensures that a project’s bene- payers are going to have more assur- I yield back the balance of my time. fits are clearly communicated to earn ance that their hard-earned money is Mr. SMITH of Texas. Mr. Chairman, I the public support and trust. Research- being spent on worthwhile projects yield myself the remainder of my time. ers should embrace the opportunity to that are, in fact, in the national inter- I am glad that the gentlewoman better explain to the American people est. brought up the administration’s posi- the potential value of their work. Mr. Chairman, taxpayers spend $6 bil- tion on this bill because it is abso- Finally, opponents have claimed that lion; $6 billion is being spent by the Na- lutely no surprise. the bill discourages high-risk, high-re- tional Science Foundation. They only When President Obama was elected, ward research. Once again, this is false. approve one out of five grant requests. he promised that this would be the Research with the potential to be Shouldn’t those grant proposals be in most transparent administration in groundbreaking is almost always wor- the national interest? Shouldn’t they history. It has turned out to be the thy of Federal funding and in the na- be about breakthrough technology, exact opposite. tional interest. technological inventions? Shouldn’t Opposing a bill to bring more trans- Basic research, by its very nature, is they increase productivity in America? parency to government, more account- uncertain regarding outcomes and re- I think that is exactly how the tax- ability to the National Science Foun- sults, but payoffs to society, quality of payers’ dollars should be spent. dation is a perfect natural for this ad- life, and standards of living can be Mr. Chairman, how much time do I ministration. transformative. have remaining? Let me give you some more exam- Research that has the potential to The Acting CHAIR (Mr. MOONEY of ples. According to an analysis of Fed- address some of society’s greatest chal- West Virginia). The gentleman from eral data by the Associated Press, the lenges is what the NSF should be fund- Texas has 31⁄2 minutes remaining. Obama administration set new records ing. Mr. SMITH of Texas. Mr. Chairman, 2 years in a row for denying the media Improving computing and cybersecu- what I would like to do is to give more access to government files. rity, advancing new energy sources, examples of how the taxpayers’ dollars More than that, in an unprecedented discovering new medicines and cures, actually should not be spent. These are letter to several congressional commit- and creating advanced materials are grants that have been approved by the tees, 47 inspectors general, who are the just some of the ways that NSF-funded National Science Foundation in the official watchdogs of Federal agencies, research can help create millions of past. complained that the Justice Depart- new jobs and transform society in a Again, I want to give the current Di- ment, EPA, and others consistently ob- positive way. rector full credit. She has changed the struct their work by blocking or delay- On the other hand, how does spending standards. She has implemented the ing access to critical information. $700,000 on a climate change musical national interest as a part of their This is the record, this is the history encourage breakthrough research? guidelines. But if we don’t make these of an administration who opposes this There may well be good answers to guidelines permanent, this is what bill. Again, a bill that is going to bring those questions, but we weren’t able to could happen. transparency and accountability to the come up with them, and neither was This is how the taxpayers’ dollars Federal Government. the National Science Foundation. have been spent: Mr. Chairman, it seems obvious to When the NSF funds projects that $250,000 to survey public attitudes most of us and to most Americans that don’t meet such standards, there is less about the Senate filibuster rule; taxpayer-funded grants should be in money to support worthwhile research $276,000 to study the prehistory of the national interest, but let me ad- that keeps our country at the forefront Chiapas, Mexico; dress some of the false arguments that of innovation. $246,000 to study migration and adop- have been presented by Members on the Both the National Science Founda- tion between Peru and Spain; other side. tion Director and the National Science $136,000 to study life/history transi- Opponents claim that the bill inter- Board have endorsed the principle that tions among indigenous people of feres with the merit-review process for NSF should be more accountable in its northern Argentina; approving grants. This is false. The grant-funding decisions. $27,000 to study Mayan wooden archi- three-page bill clearly states ‘‘nothing Why would Congress oppose such a tecture and the salt industry; in this section shall be construed as al- commonsense requirement? Why do op- $152,000 to analyze accountability and tering the Foundation’s intellectual ponents of this bill think they know transparency in China’s dairy industry;

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Unfortunately my by having the potential to achieve— $119,000 to coordinate an inter- colleagues on the other side of the aisle have (A) increased economic competitiveness in national archaeological project in the displayed such open hostility towards climate the United States; South American Andes; science and research that they won’t allow a (B) advancement of the health and welfare $60,000 to study the Gamo caste sys- vote on these amendments. of the American public; tem in southwestern Ethiopia; While I believe it’s important that the NSF (C) development of an American STEM $300,000 to produce an experimental hold itself accountable regarding the research workforce that is globally competitive; dance program about nature and phys- it funds, politicizing scientific research is short- (D) increased public scientific literacy and ics. sighted and can damage our ability to com- public engagement with science and tech- Speaking of that, I think there was nology in the United States; pete in the world economy. H.R. 3293 would (E) increased partnerships between aca- another $516,000 to help amateurs cre- interfere with ongoing efforts at NSF to better demia and industry in the United States; ate a video game, $516,000 to help ama- quantify and communicate the value of the re- (F) support for the national defense of the teurs create a video game called ‘‘Re- search it funds. United States; or live Prom Night.’’ Mr. Chair, I am also concerned that this leg- (G) promotion of the progress of science for There is no national interest that I islation will have a chilling effect on many of the United States. am aware of. If there is, they sure the scientists at NSF and throughout our sci- (c) WRITTEN JUSTIFICATION.—Public an- ought to point it out before we ask the nouncement of each award of Federal fund- entific community. This bill would force sci- ing described in subsection (a) shall include taxpayers to spend half a million dol- entists to second-guess their research based a written justification from the responsible lars on reliving prom night. on political whims and require them to justify Foundation official as to how a grant or co- Let’s see. all their actions according to short-term re- operative agreement meets the requirements $605,000 to travel and study why peo- turns, stifling high-risk, high-reward research of subsection (b). ple around the world cheat on their and innovation across all fields. We must not (d) IMPLEMENTATION.—A determination taxes; squelch creativity, critical thinking, and the under subsection (b) shall be made after a re- search grant or cooperative agreement pro- $38,000 to consider whether livestock open exchange of ideas. herding families expand in response to posal has satisfied the Foundation’s reviews Federal agencies like NIH and NOAA are for Merit and Broader Impacts. Nothing in herd growth; headquartered in my district and I represent this section shall be construed as altering $193,000 to study human fish con- countless federally funded scientists who are the Foundation’s intellectual merit or broad- sumption in Tanzania from 1300 to 1500 advancing knowledge, discovering cures, and er impacts criteria for evaluating grant ap- AD; developing innovative technologies. I am com- plications. $250,000 to educate local TV mete- mitted to ensuring that the NSF and all of our The Acting CHAIR. No amendment orologists; research agencies have the resources they to the bill shall be in order except $275,000 to study tourism in northern need without being subject to superfluous po- those printed in part B of House Report Norway; litical tests. The valuable work done by our 114–420. Each such amendment may be $450,000 to create the Climate Change scientists and researchers at NSF and other offered only in the order printed in the Narrative Game; institutions not only leads to the development report, by a Member designated in the $131,000 for a 1-day program about cli- of new innovations, but also enables our Na- report, shall be considered read, shall mate change education using giant- tion to attract and retain the top research tal- be debatable for the time specified in screen TVs; ent in the world. In order to continue to com- the report, equally divided and con- $430,000 to study Irish climate, envi- pete, we need sustained investments free trolled by the proponent and an oppo- ronment, and political change in the from political interference. nent, shall not be subject to amend- past 2,000 years; I strongly oppose this bill and any other ef- ment, and shall not be subject to a de- $2.5 million to create dioramas for forts to needlessly politicize scientific research. mand for division of the question. the Oakland Museum of California; The Acting CHAIR. All time for gen- The Chair understands amendment $590,000 to support private groups ad- eral debate has expired. No. 1 will not be offered. vocating drastic climate change; Pursuant to the rule, the bill shall be AMENDMENT NO. 2 OFFERED BY MS. EDDIE $289,000 to study how colonialism and considered for amendment under the 5- BERNICE JOHNSON OF TEXAS climate change threaten the survival of minute rule and shall be considered as The Acting CHAIR. It is now in order Arctic peoples in Russia; read. to consider amendment No. 2 printed in $549,000 to—I am sorry. My time is The text of the bill is as follows: part B of House Report 114–420. about expired, and I appreciate that. H.R. 3293 Ms. EDDIE BERNICE JOHNSON of I could go on and give dozens and Be it enacted by the Senate and House of Rep- Texas. Mr. Chairman, I have an amend- dozens of examples, but I think it is resentatives of the United States of America in ment at the desk. clear that this is not how the American Congress assembled, The Acting CHAIR. The Clerk will taxpayers’ dollars should be spent. SECTION 1. SHORT TITLE. designate the amendment. Mr. Chair, I yield back the balance of This Act may be cited as the ‘‘Scientific The text of the amendment is as fol- my time. Research in the National Interest Act’’. lows: Mr. VAN HOLLEN. Mr. Chair, I rise today in SEC. 2. GREATER ACCOUNTABILITY IN FEDERAL Page 3, line 15, through page 4, line 15, opposition to H.R. 3293, the so-called Sci- FUNDING FOR RESEARCH. amend subsection (b) to read as follows: entific Research in the National Interest Act, a (a) STANDARD FOR AWARD OF GRANTS.—The (b) DETERMINATION.—A determination re- ferred to in subsection (a) is a justification bill that would actually hinder the National National Science Foundation shall award Federal funding for basic research and edu- by the responsible Foundation official as to Science Foundation’s (NSF) ability to meet the cation in the sciences through a new re- how the research grant or cooperative agree- dynamic demands of science and provide re- search grant or cooperative agreement only ment— sources across all scientific disciplines without if an affirmative determination is made by (1) by itself, or by contributing to a port- political manipulations. This bill is simply an- the Foundation under subsection (b) and folio of research in that field or across fields, other in a line of Republican efforts to politi- written justification relating thereto is pub- is in the national interest as reflected in the cize science and jeopardize discovery and in- lished under subsection (c). National Science Foundation Act of 1950 (42 novation. (b) DETERMINATION.—A determination re- U.S.C. 1861 et seq), namely to promote the ferred to in subsection (a) is a justification progress of science, to advance the national The NSF engages in remarkable, ground- by the responsible Foundation official as to health, prosperity and welfare, and to secure breaking work. We must continue to support how the research grant or cooperative agree- the national defense; and this organization and ensure that America re- ment promotes the progress of science in the (2) is worthy of Federal funding, as dem- mains a world-wide leader in scientific ad- United States, consistent with the Founda- onstrated by having met the merit review vances. To that end, I cosponsored a number tion mission as established in the National criteria of the Foundation.

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\BR16\H10FE6.001 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 1695 The Acting CHAIR. Pursuant to tions that may stifle high-risk basic re- ment in basic research, NSF must be House Resolution 609, the gentlewoman search, and by taking decisions about transparent and accountable and ex- from Texas (Ms. EDDIE BERNICE JOHN- grant funding out of the hands of poli- plain why every scientific investment SON) and a Member opposed each will ticians and putting it back in the deserves to receive hard-earned tax control 5 minutes. hands of scientists, where it belongs. dollars. The Chair recognizes the gentle- The National Science Foundation’s NSF Director France Cordova and woman from Texas. 1950 mission statement, implemented her team at NSF understand this. That Ms. EDDIE BERNICE JOHNSON of through its gold standard merit-review is why the NSF is implementing new Texas. Mr. Chairman, my colleague process, has served science and this Na- policies to make NSF grant-making from Texas, the chairman of the Com- tion so well. Let’s leave it intact by more transparent and understandable mittee on Science, Space, and Tech- passing my amendment. for the American people. nology, has stated many times that I reserve the balance of my time. These policies acknowledge the pri- H.R. 3293 is consistent with the policy Mr. SMITH of Texas. Mr. Chairman, I mary importance of national interest announced by NSF in January 2015. rise in opposition to the amendment. in awarding tax dollars. In fact, during He also frequently cites a year old The Acting CHAIR. The gentleman is her testimony before the Science, recognized for 5 minutes. comment by NSF Director Dr. Cordova Space, and Technology Committee last Mr. SMITH of Texas. Mr. Chairman, I about this bill. However, it is one thing year, Dr. Cordova described this na- oppose the gentlewoman’s amendment, tional interest act and NSF’s new to use such vague statements in de- which undermines the bill and weakens transparency policies as consistent and fense of this bill; it is quite another accountability and transparency. thing to look directly at the NSF pol- First, the amendment seeks to dilute fully compatible with each other. icy issued by Dr. Cordova to see what the bill’s requirement that the grant I would like to remind everyone that it actually says. must be worthy of Federal funding. It it is not Congress’ or the NSF’s money. b 1545 is difficult to understand why anyone It is the American people’s money. would have objections to requiring that The amendment offered by the rank- I will quote directly from NSF’s Jan- ing member seeks to change the sec- uary 2015 policy: a research grant be worthy of taxpayer support. Worthy means: having ade- tion of the bill that requires NSF to ac- The nontechnical component of the company public announcement of every NSF award abstract must serve as a quate or great merit, character, or value; and commendable excellence or grant award with a nontechnical expla- public justification for NSF funding by merit; deserving. nation of the award’s scientific merit articulating how the project serves the The opposite of worthy of Federal and national interest. national interest, as stated by NSF’s funding are awards of taxpayer money My concern is that the proposed mission, to promote the progress of to frivolous, low-priority projects, like amendment would create a loophole science; to advance the national producing a climate change musical, through which blocks of hundreds of health, prosperity, and welfare; and to creating a voicemail game, or studying grants in a particular area of science secure national defense. tourism in Norway. would be justified by just one general As Dr. Holdren, the President’s One would think that fundamental statement. This is the opposite of ac- Science Adviser, said: standards like ‘‘worthy of Federal countability and transparency. According to the clear wording and funding’’ and ‘‘in the national inter- I strongly oppose the amendment for intent of the 1950 act that created the est’’ would already be embedded in the these reasons. National Science Foundation, pro- standards the National Science Foun- Mr. Speaker, I reserve the balance of moting the progress of science through dation uses to evaluate thousands of my time. basic research is in the national inter- grant applications and decide which Ms. EDDIE BERNICE JOHNSON of est. ones should receive $6 billion in basic Texas. Mr. Chairman, this does not do Likewise, Dr. Cordova, in describing research grants each year. From the any more than what was intended what she means by ‘‘national interest,’’ Science, Space, and Technology Com- under the law. It leaves it in the hands points directly to the 1950 NSF mission mittee’s review of past NSF grants, we of the peer review board and not the statement. In her policy, there is no have learned that this is not always politicians. separate list defining national interest the case. It does nothing to make this bill with criteria that, in fact, promotes This amendment eliminates the re- worse. In fact, it improves it so that it more applied research, not basic re- quirement that each grant be worthy can meet the charter of this Congress search. of Federal funding. It asserts that any in doing its work. While the words ‘‘promoting the grant approved by NSF through its Every grant that goes out of the Na- progress of science’’ appear in the bill merit selection system will be consid- tional Science Foundation is peer-re- before us, they do so only as an after- ered worthy of Federal funding. With viewed in a system that was set up 60 thought, in dead last place and added this change, every NSF-funded project years ago. It has worked well. We have only after many versions of this bill. would be considered worthy of Federal gained great research. I don’t think Now that we all understand the Na- funding, no matter how absurd. that making sure that the politicians tional Science Foundation’s actual pol- With this amendment, Congress have something to say about it makes icy, I can briefly explain my amend- would effectively abnegate its responsi- it any better. It makes it worse. ment. bility to ensure that NSF spends tax- I ask for the adoption of my amend- By tying the term ‘‘national inter- payer dollars only on projects worthy ment. est’’ to the 1950 national statement, my of Federal funding. Mr. Chairman, I yield back the bal- amendment brings the bill truly in line The underlying bill does not interfere ance of my time. with the National Science Founda- with the National Science Founda- Mr. SMITH of Texas. Mr. Chairman, tion’s own policy for transparency and tion’s merit selection process. I have the National Science Foundation Di- accountability. already quoted from the bill twice to- rector and the National Science Board My amendment also provides clarity night. It only requires that NSF be have both expressed and endorsed a to what we mean by the words ‘‘worthy transparent and explain in writing and principle that NSF should be more of Federal funding,’’ by stating that in nontechnical terms why each re- transparent and accountable in its anything that has passed the rigor of search project that receives public grant funding decisions. In fact, the the National Science Foundation’s funds is in the national interest. Tax- NSF has already incorporated the na- peer-review process is ‘‘worthy of Fed- payers deserve this information. It is tional interest standard in their guide- eral funding.’’ their money. lines. In short, my amendment fixes the Moreover, in order to maintain an in- This amendment creates loopholes underlying bill by removing restric- creased public support for vital invest- and dilutes the intent of the bill—a bill

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00034 Fmt 0688 Sfmt 0634 E:\BR16\H10FE6.001 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1696 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 February 10, 2016 that NSF Director France Cordova has under the ‘‘advancement of the health and Ms. EDDIE BERNICE JOHNSON of Texas, testified: is very compatible with the welfare of the American public’’ justification as for her leadership. I also want to thank new internal NSF guidelines and with well, because behavioral and social science Mr. SMITH for his chairmanship of the the mission statement of the National build fundamental knowledge of human behav- committee. Science Foundation. ior, interaction, and social and economic sys- I have known the commitment to I ask my colleagues to say ‘‘yes’’ to tems that underpin the health and welfare of science that so many Members have. I accountability and transparency and our society. hope that my amendment reinforces ‘‘no’’ to the amendment. Section 2(b)(2)(C)’s ‘‘development of an the emphasis that we have had with re- I yield back the balance of my time. American STEM workforce that is globally spect to science. Mr. BLUMENAUER. Mr. Chair, today, I will competitive’’ could be seen as promoting Scientists should control the direc- vote no on H.R. 3293, the so-called ‘‘Scientific STEM education at all levels and in all set- tion and guidance of our research. The Research in the National Interest’’ Act. tings, including both formal and informal set- National Science Foundation does sim- This bill is the latest in the House Majority’s tings. Having a well-informed workforce that ply that. I hope that both of my amendments contribute to that campaign to undermine science and the sci- has access to the ideas and tools associated premise, and I would like to acknowl- entific community. The scientific peer-based, with STEM education serves to enhance the edge the Rules Committee for making merit review process that the National Science quality of life of all citizens while promoting Foundation (NSF) currently has in place is these amendments in order. U.S. economic competitiveness, advancing the The Jackson Lee amendment seeks widely regarded as the ‘‘gold standard’’ for health and welfare of the American public, and to improve H.R. 3293 by ensuring that funding scientific research. This bill would add supporting the national defense. NSF-funded research, as it has been, unnecessary bureaucratic paperwork to this To reiterate, I believe that Section 2(b)(2) of remains consistent with established process, but more troublingly, it would under- this bill is to be construed broadly and lib- and widely accepted scientific methods mine our nation’s basic research enterprise. erally. I believe that the inclusion of Section applicable to the study of exploration. The attempts to insert politics into this process 2(b)(2)(G)’s ‘‘promotion of the progress of In conducting experiments or re- have already caused our nation’s scientists to science for the United States’’ likely covers all search in new areas of inquiry, grant shy away from high-risk, potentially high-re- current and future research engaged in by the recipients would now follow protocols ward research that some House members NSF. Further, I believe that the fact that the that ensure that the outcomes of re- may find controversial. Foundation is provided the discretion to make search are able to be reproduced by We must not allow elected officials to arbi- the determination allows the NSF ample room other scientists or researchers. trarily override expert scientific review. We to continue its desired research. And I expect I have always believed that science is have seen this type of stunt time and time that for virtually all successful grant applicants, the work that creates the ultimate again with efforts to undermine climate change the NSF will have no difficulty in making this work in decades and centuries to come. science, and today, the target is on basic re- determination applaud Chairman SMITH for his Having served on the Science, Space, search. It is time to stop this charade. We work on this important legislation. and Technology Committee some years should be focusing more on evidence-based, The Acting CHAIR. The question is back, I used to always say: science is performance-based policymaking, rather than on the amendment offered by the gen- the work of the 21st century. If you finding a solution in search of a problem. tlewoman from Texas (Ms. EDDIE BER- create in science, innovation, products, Mr. GRAYSON. Mr. Chair, I want to state NICE JOHNSON). and research, you create opportunities my support for H.R. 3293, the Scientific Re- The question was taken; and the Act- for jobs and products to be sold. This is search in the National Interest Act. This bill, in ing Chair announced that the noes ap- what good science is all about and why an effort to enhance transparency and ac- peared to have it. basic research relies on the scientific countability at the National Science Founda- Ms. EDDIE BERNICE JOHNSON of method in the routine practice of sci- tion (NSF), would include a determination by Texas. Mr. Chairman, I demand a re- entists and researchers around the the NSF that any grant or cooperative agree- corded vote. world. ment by the NSF promotes the progress of The Acting CHAIR. Pursuant to I fully believe that the National science by being in the national interest. clause 6 of rule XVIII, further pro- Science Foundation gets it. That is Under this bill’s broad definitions of what ‘‘is ceedings on the amendment offered by what their underlying work is about. in the national interest’’, I expect that for vir- the gentlewoman from Texas will be The Jackson Lee amendment will support the promise that basic re- tually all successful grant applications, the postponed. NSF would have no difficulty in making the search is conducted with the expecta- AMENDMENT NO. 3 OFFERED BY MS. JACKSON tion that good science should be the certification. Section 2(b)(2)(G)’s ‘‘promotion of LEE the progress of science for the United States’’ underlying goal. History has shown The Acting CHAIR. It is now in order that basic research often leads to re- is such a broad justification for determining if to consider amendment No. 3 printed in research is within the national interest, that it sults with the utmost beneficial con- part B of House Report 114–420. sequences for society. likely covers all current research being funded Ms. JACKSON LEE. Mr. Chairman, I I would ask my colleagues to support by the NSF and could cover all future direc- have an amendment at the desk. this amendment. tions that the Foundation would like to explore. The Acting CHAIR. The Clerk will I thank Chairman SESSIONS and Ranking Any research that advances the frontiers of designate the amendment. Member SLAUGHTER for making the Jackson knowledge and drives technological innovation The text of the amendment is as fol- Lee Amendment in order for consideration promotes the progress of science for the lows: under H.R. 3293, the ‘‘Scientific Research in United States. Page 3, line 22, strike ‘‘and’’. the National Interest Act.’’ I would like to point out that all the justifica- Page 3, line 23, redesignate paragraph (2) as My thanks and appreciation to Chairman tions of Section 2(b)(2) can be construed both paragraph (3). SMITH and Ranking Member JOHNSON for their broadly and liberally. For example, Section Page 3, after line 22, insert the following: support of this amendment and their staffs for 2(b)(2)(A)’s inclusion of ‘‘increased economic (2) is consistent with established and wide- working with my staff to ensure the amend- competitiveness in the United States’’ could ly accepted scientific methods applicable to ment reflects a goal we all share. encompass all funding that promotes the the field of study of exploration; and The Jackson Lee amendment improves progress of engineering, physics, chemistry, The Acting CHAIR. Pursuant to H.R. 3293, by ensuring that NSF funded re- biology, astronomy, and mathematics in order House Resolution 609, the gentlewoman search, as it has been, remains consistent to build and strengthen our national capacity from Texas (Ms. JACKSON LEE) and a with established and widely accepted scientific for innovation and production. Member opposed each will control 5 methods applicable to the study of exploration. Section 2(b)(2)(B)’s ‘‘advancement of the minutes. In conducting experiments or research in health and welfare of the American public’’ The Chair recognizes the gentle- new areas of inquiry, grant recipients would could include research into biology, life, the woman from Texas. now follow protocols that ensure that the out- natural world, and the environment. Behavioral Ms. JACKSON LEE. Mr. Chairman, I comes of research are able to be reproduced and social science research could also fall want to thank the ranking member, by other scientists or researchers.

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00035 Fmt 0688 Sfmt 9920 E:\BR16\H10FE6.001 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 1697 This is what good science is all about and There was no objection. Let me suggest to you that we have this is why basic research relies on the sci- Mr. SMITH of Texas. Mr. Chairman, I a lot of universities in this country. entific method in the routine practice of sci- support this amendment offered by the When I travel, I always hear individ- entists and researchers around the world. gentlewoman from Texas (Ms. JACKSON uals seeking to come to be taught in In 1950, Congress passed the National LEE). American institutions of higher edu- Science Foundation Act to ‘‘promote the The amendment requires that, in ad- cation. It is because of the creative progress of science; to advance the national dition to the National Science Founda- thought and, in many instances, the re- health, prosperity, and welfare; and to secure tion making a determination that a search that is done, whether in medi- the national defense; in addition to other pur- grant is worthy of Federal funding and cine or all the forms of science and poses’’ by creating the National Science Foun- in the national interest, the NSF must technology, because we have a free- dation. also determine that the grant is: con- flowing basis upon which people can The Act authorized and directed the Foun- sistent with established and widely ac- think and invent. I want that to con- dation to ‘‘initiate and support basic scientific cepted scientific methods applicable to tinue. I want the National Science research and programs to strengthen the po- the field of study or exploration. Foundation to be at the cornerstone of tential of scientific research and education pro- I agree that this is an important de- that. grams at all levels in the mathematical, phys- termination. Basic research funded by I will include in the RECORD an arti- ical, medical, biological, social, and other taxpayers must have a sound scientific cle titled, ‘‘The Future Postponed.’’ sciences.’’ foundation. Why Declining Investment in Basic Re- The 1950 Act also authorized and directed Reproducibility—the ability of an en- search Threatens a U.S. Innovation NSF to fund applied scientific and engineering tire experiment or study to be dupli- Deficit. research. cated—especially by someone else One hundred years of basic scientific re- working independently, is the gold [From the Massachusetts Institute of Technology] search has revealed its value, exemplified in standard in the scientific method. the advances that helped our nation win World NSF should ensure that the research THE FUTURE POSTPONED War II and allowed Congress to appreciate it funds meets this gold standard so WHY DECLINING INVESTMENT IN BASIC RE- science as the gateway to the pre-eminent taxpayer dollars do not go to waste. SEARCH THREATENS A U.S. INNOVATION DEF- economic global success the nation could I thank the gentlewoman for her ICIT achieve. amendment, and I do support it. (A Report by the MIT Committee to This Jackson Lee Amendment would sup- Mr. Chairman, I yield back the bal- Evaluate the Innovation Deficit) port the promise that basic research is con- ance of my time. 2014 was a year of notable scientific high- ducted with the expectation that good science Ms. JACKSON LEE. Mr. Chairman, lights, including: should be the underlying goal. let me thank the gentleman from the first landing on a comet, which has al- ready shed important light on the formation History has shown that basic research often Texas and the ranking member for leads to results with the utmost beneficial con- of the Earth; their support. the discovery of a new fundamental par- sequences for society; although, at the time With that, I ask my colleagues to that basic research is conducted, it may be ticle, which provides critical information on support the Jackson Lee amendment. the origin of the universe; impossible to predict how it will benefit the na- I yield back the balance of my time. development of the world’s fastest super- tion or the world. The Acting CHAIR. The question is computer; One such example is the Genomic studies on the amendment offered by the gen- a surge in research on plant biology that is of nematode worms that led to the discovery tlewoman from Texas (Ms. JACKSON uncovering new and better ways to meet of genes that ultimately control cell death; this global food requirements. LEE). None of these, however, were U.S.-led study in turn opened the avenues of discovery The amendment was agreed to. for new treatment possibilities for cancer and achievements. The first two reflected 10- AMENDMENT NO. 4 OFFERED BY MS. JACKSON Alzheimer’s Disease. year, European-led efforts; the second two LEE Additionally, basic research on atomic phys- are Chinese accomplishments, reflecting ics led to the development of the atomic The Acting CHAIR. It is now in order that nation’s emergence as a science and to consider amendment No. 4 printed in technology power. Hence the wide-spread clocks that now enable the highly precise concern over a growing U.S. innovation def- Global Positioning System (GPS) used to part B of House Report 114–420. Ms. JACKSON LEE. Mr. Chairman, I icit, attributable in part to declining public guide commercial aircraft to their destinations. investment in research (see figure). In 2014, due to a global embrace of sci- have an amendment at the desk. The Acting CHAIR. The Clerk will This report provides a number of tangible entific research the world saw: examples of under-exploited areas of science The first landing of a space craft on the sur- designate the amendment. and likely consequences in the form of an in- face of a comet; The text of the amendment is as fol- novation deficit, including: The discovery of a new fundamental par- lows: opportunities with high potential for big ticle, which provided information on the origin Page 3, line 22, strike ‘‘and’’. payoffs in health, energy, and high-tech in- of the universe; Page 3, line 23, redesignate paragraph (2) as dustries; Development of the world’s fastest super- paragraph (3). fields where we risk falling behind in crit- computer; and Page 3, after line 22, insert the following: ical strategic capabilities such as supercom- (2) is consistent with the definition of basic A surge in research on plant biology that is puting, secure information systems, and na- research as it applies to the purpose and field tional defense technologies; uncovering new and better ways to meet glob- of study; and areas where national prestige is at stake, al food needs. such as space exploration, or where a lack of Unfortunately none of these achievements The Acting CHAIR. Pursuant to House Resolution 609, the gentlewoman specialized U.S. research facilities is driving were led by our nation’s researchers or sci- key scientific talent to work overseas. from Texas (Ms. JACKSON LEE) and a entists. This introduction also cites examples of I ask my colleagues to support this Jackson Member opposed each will control 5 the benefits from basic research that have Lee Amendment so that we may make strides minutes. helped to shape and maintain U.S. economic toward joining and surpassing our global com- The Chair recognizes the gentle- power, as well as highlighting industry petitors in the emerging scientific community. woman from Texas. trends that have made university basic re- Mr. Chairman, I reserve the balance Ms. JACKSON LEE. Mr. Chairman, I search even more critical to future national of my time. restate my earlier premise that science economic competitiveness. Mr. SMITH of Texas. Mr. Chairman, I is the work of the 21st century. Maybe Basic research is often misunderstood, be- claim the time in opposition to this we will be saying the 22nd century. Be- cause it often seems to have no immediate cause when you are innovative and do payoff. Yet it was just such federally-funded amendment, but I do not oppose the research into the fundamental working of amendment. research, you create jobs and opportu- cells, intensified beginning with the ‘‘War on The Acting CHAIR. Without objec- nities. This amendment establishes Cancer’’ in 1971, that led over time to a grow- tion, the gentleman is recognized for 5 that basic research is in the national ing arsenal of sophisticated new anti-cancer minutes. interest of the United States. therapies—19 new drugs approved by the U.S.

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\BR16\H10FE6.001 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1698 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 February 10, 2016 FDA in the past 2 years. Do we want similar facilities and dedicated funding and are lead- way to still more efficient government (see progress on Alzheimer’s, which already af- ing the way (see Synthetic Biology). Re- Enabling Better Policy Decisions). fects 5 million Americans, more than any search progress in many such fields increas- In the past, U.S. industry took a long term single form of cancer? Then we should ex- ingly depends on sophisticated modern lab- view of R&D and did fundamental research, pand research in neurobiology, brain chem- oratories and research instruments, the activities associated with such entities as istry, and the science of aging (see Alz- growing lack of which in the U.S. is contrib- the now-diminished Bell Labs and Xerox heimer’s Disease). The Ebola epidemic in uting to a migration of top talent and re- Park. That’s still the case in some other West Africa is a reminder of how vulnerable search leadership overseas. countries such as South Korea. Samsung, for we are to a wider pandemic of emergent viral Some areas of research are so strategically example, spent decades of effort to develop diseases, because of a lack of research on important that for the U.S. to fall behind the underlying science and manufacturing their biology; an even greater public health ought to be alarming. Yet Chinese leadership behind organic light-emitting diodes threat looms from the rise of antibiotic re- in supercomputing—its Tianhe-2 machine at (OLEDs) before commercializing these into sistant bacteria right here at home, which, the Chinese National University of Defense the now familiar, dramatic displays in TVs because commercial incentives are lacking, in Guangzhou has won top ranking for the and many other digital devices. But today, only expanded university-based research into third year in a row and can now do quadril- as competitive pressures have increased, basic research has essentially disappeared new types of antibiotics can address (see In- lions of calculations per second—is just such from U.S. companies, leaving them depend- fectious Disease). a straw in the wind. Another is our apparent ent on federally-funded, university-based America’s emergence last year as the and growing vulnerability to cyberattacks of basic research to fuel innovation. This shift world’s largest oil producer has been justly the type that have damaged Sony, major means that federal support of basic research celebrated as a milestone for energy inde- banks, large retailers, and other major com- is even more tightly coupled to national eco- pendence. But the roots of the fracking revo- panies. Ultimately, it will be basic research nomic competitiveness. Moreover, there will lution stem from federally-funded research— in areas such as photonics, cybersecurity, always be circumstances when private in- begun in the wake of the first OPEC oil em- and quantum computing (where China is in- vestment lags—when the innovation creates bargo 40 years ago—that led to directional vesting heavily) that determine leadership in a public good, such as clean air, for which an drilling technology, diamond drill bits tough secure information systems, in secure long investor can’t capture the value, or when the enough to cut shale, and the first major hy- distance communications, and in super-com- risk is too high, such as novel approaches to draulic fracturing experiments. Do we also puting (see Cybersecurity and Quantum In- new antibiotic drugs, or when the technical want the U.S. to be a leader in clean energy formation Systems). Recent budget cuts complexity is so high that there is funda- technologies a few decades hence, when these have impacted U.S. efforts in all these areas. mental uncertainty as to the outcome, such will be needed for large scale replacement of Also, technologies are now in view that as with quantum computing or fusion en- fossil energy sources, a huge global market? could markedly improve the way we protect ergy. For these cases, government funding is Then now is when more investment in ad- our soldiers and other war fighters while im- the only possible source to spur innovation. vanced thin film solar cells, new battery con- proving their effectiveness in combat (see This central role of federal research sup- cepts, and novel approaches to fusion energy Defense Technology). port means that sudden changes in funding should begin (see Materials Discovery and It is not just areas of science with obvious levels such as the recent sequester can dis- Processing, Batteries, Fusion Energy). applications that are important. Some ob- rupt research efforts and cause long term Some areas of research create opportuni- servers have asked, ‘‘What good is it?’’ of the damage, especially to the pipeline of sci- ties of obvious economic importance. Catal- discovery of the Higgs boson (the particle re- entific talent on which U.S. research leader- ysis, for example, is already a $500 billion in- ferred to above, which fills a major gap in ship ultimately depends. In a survey of the dustry in the United States alone and plays our understanding of the fundamental nature effects of reduced research funding con- a critical role in the manufacture of vir- of matter). But it is useful to remember that ducted by the Chronicle of Higher Education tually every fuel, all types of plastics, and similar comments might have been made last year among 11,000 recipients of NIH and many pharmaceuticals. Yet today’s catalysts when the double helix structure of DNA was NSF research grants, nearly half have aban- are relatively inefficient and require high first understood (many decades before the doned an area of investigation they consid- temperatures compared to those (such as en- first biotech drug), when the first transistor ered critical to their lab’s mission, and more zymes) that operate in living things. So the emerged from research in solid state physics than three quarters have fired or failed to potential payoff in both reduced environ- (many decades before the IT revolution), hire graduate students and research fellows. mental impact and a powerful economic edge when radio waves were first discovered (long Other evidence suggests that many of those for countries that invest in efforts to under- before radios or broadcast networks were affected switch careers, leaving basic re- stand and replicate these biological cata- even conceived of). We are a remarkably in- search behind forever. lysts—as Germany and China already are— ventive species, and seem always to find Despite these challenges, the potential could be huge (see Catalysis). The U.S. also ways to put new knowledge to work. benefits from expanding basic research sum- lags in two other key areas: developing ad- Other potential discoveries could have marized in these pages—an innovation divi- vances in plant sciences that can help meet global impacts of a different kind. Astrono- dend that could boost our economy, improve growing world needs for food while sup- mers have now identified hundreds of planets human lives, and strengthen the U.S. strate- porting U.S. agricultural exports, and the around other stars, and some of them are gically—are truly inspiring. We hope you growing field of robotics that is important clearly Earth-like. Imagine what it would will find the information useful. not only for automated factories but for a mean to our human perspective if we were to b 1600 whole new era of automated services such as discover evidence of life on these planets—a driverless vehicles (see Plant Sciences and signal that we are not alone in the uni- What this paper cites, in 2014, notable Robotics). verse—from observations of their planetary scientific advancements included land- In an increasingly global and competitive atmospheres, something that is potentially ing of a manmade Earth object on a world, where knowledge is created and first within the technical capability of space- comet, discovery of a new fundamental applied has huge economic consequences: based research within the next decade? Or if particle which provided vital informa- some 50 years after the rise of Silicon Valley, the next generation of space telescopes can tion on the origin of the universe, de- the U.S. still leads in the commercial appli- discover the true nature of the mysterious velopment of the world’s fastest super- cation of integrated circuits, advanced elec- ‘‘dark matter’’ and ‘‘dark energy’’ that ap- computer, and a tremendous increase tronic devices, and internet businesses. But pear to be the dominant constituents of the foreseeable advances in optical integrated universe (see Space Exploration). in plant biology that is discovering circuits, where both Europe and Japan are Do we want more efficient government, new and better ways to make global investing heavily, is likely to completely re- more market-friendly regulatory structures? food requirements. shape the $300 billion semiconductor indus- Social and economic research is increasingly None of these, however, Mr. Chair- try that today is largely dominated by U.S. able to provide policymakers with useful man, were U.S.-led. So my amendment companies (see Photonics). In this area and guidance. Witness the way government has turns our attention, again, maybe to other fields of science that will underlie the helped to create mobile and broadband mar- the obvious. Maybe if I say Alexander innovation centers of the future, U.S. leader- kets by auctioning the wireless spectrum— Bell, as we learned as children in ship or even competitiveness is at risk. Syn- complex, carefully-designed auctions based school, everybody knew that he created thetic biology—the ability to redesign life in on insights from game theory and related re- the telephone. the lab—is another area that has huge poten- search that have netted the federal govern- tial to transform bio-manufacturing and food ment more than $60 billion while catalyzing George Washington Carver was asso- production and to create breakthroughs in huge new industries and transformed the ciated with the many scientific discov- healthcare—markets that might easily ex- way we live and do business. Empowered by eries out of a single peanut, someone ceed the size of the technology market. But access to more government data and Big that those of us, in this month of Afri- it is EU scientists that benefit from superior Data tools, such research could point the can American History, when they

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So I want my amendment to empha- I reserve the balance of my time. The amendment was agreed to. size that we want the long list of inno- Mr. SMITH of Texas. Mr. Chairman, I AMENDMENT NO. 5 OFFERED BY MS. DEL BENE vation to be on our side and to con- claim the time in opposition to the The Acting CHAIR. It is now in order tinue the tradition and trajectory that amendment, though I do not oppose the to consider amendment No. 5 printed in we have had of basic research that then amendment. part B of House Report 114–420. applies to all levels to create opportu- The Acting CHAIR. Without objec- Ms. DELBENE. Mr. Chairman, I have nities of work and genius that is here tion, the gentleman is recognized for 5 an amendment at the desk. in this country. minutes. The Acting CHAIR. The Clerk will I ask my colleagues to support my There was no objection. designate the amendment. amendment. Mr. SMITH of Texas. Mr. Chairman, I The text of the amendment is as fol- I thank Chairman SESSIONS and Ranking support this amendment by the gentle- lows: Member SLAUGHTER for making three Jackson woman from Texas (Ms. JACKSON LEE), Page 4, line 6, insert ‘‘, including computer Lee Amendments in order for consideration her second amendment that we are ac- science and information technology sec- under H.R. 3293, the ‘‘Scientific Research in cepting on this side of the aisle. tors,’’ after ‘‘workforce’’. the National Interest Act.’’ I believe this amendment, in com- The Acting CHAIR. Pursuant to My thanks and appreciation to Chairman bination with the previous amendment, House Resolution 609, the gentlewoman SMITH and Ranking Member JOHNSON’s staff aims to ensure that the National from Washington (Ms. DELBENE) and a for working with my staff on drafting this Science Foundation grants fund re- Member opposed each will control 5 amendment. search that meets the highest stand- minutes. Jackson Lee Amendment No. 4—adds to ards so taxpayer dollars are not wasted The Chair recognizes the gentle- the list of goals in the national interest—the on frivolous grants or poorly designed woman from Washington. conduct of basic research that follow well es- research proposals. Ms. DELBENE. Mr. Chair, I rise to tablished protocols and scientific methods. This amendment recognizes the Na- offer this amendment to ensure the Na- The scientific method—it is what happens tional Science Foundation’s basic re- tional Science Foundation can con- every day and can lead to basic research ex- search mission and endorses applying tinue investing in the development of periments conducted by scientists. the bill’s national interest standards an American workforce that is globally Basic research is the foundation of tomor- and criteria to National Science Foun- competitive in computer science and row’s innovations. dation’s basic research grants. information technology. This has been The Jackson Lee Amendment will help en- I thank the gentlewoman for her a bipartisan goal in the past, and I am sure that the nature of basic research is pre- amendment, and I support it. hopeful everyone in this Chamber will served because without basic research the I yield back the balance of my time. be able to support it. United States will be dependent on others to Ms. JACKSON LEE. I thank the gen- Computing technology has become an make and reap the tremendous economic re- tleman for supporting this amendment, integral part of our lives, transforming wards from new discoveries. and I thank the ranking member for our society and our Nation’s economy. Applied science depends on a well-ground- supporting it. Nowhere is this clearer than in the ed understanding of the basic research that In closing, Mr. Chairman, let me say Puget Sound region. I have the honor leads to discovery. that, in addition to following protocol, of representing Washington’s First Dis- I call my colleagues attention to a ground- we must invest funds, money, in basic trict, which has some of the world’s breaking report by the Massachusetts Institute research. leading software companies and tech- of Technology entitled ‘‘The Future Postponed: But I also want to take note of some- nology innovators. Why Declining Investment in Basic Research thing that I have watched over the But the same can be seen across the Threatens a U.S. Innovation Deficit.’’ years, and I have added amendments, country. According to the Bureau of For much of our history, the United States’ and I have seen the growth. Labor Statistics, there will be roughly industries took a long term view of research One of my first acts on the Science, 10 million STEM jobs by 2020 and, of and development and did fundamental re- Space, and Technology Committee was those jobs, half are expected to be in search, activities associated with basic re- to utilize laboratory tools or equip- computing and information tech- search at Bell Labs and Xerox Park. ment that were no longer needed by Today, as competitive pressures have in- nology. That is nearly 5 million good- the Federal Government in its national creased, basic research has essentially dis- paying jobs. But unless we step up our science lab to give them to middle appeared from U.S. companies, leaving them game, our country won’t have enough schools and high schools so that they dependent upon federally-funded, university- computer science graduates to fill would have access to this kind of based basic research to fuel innovation. those positions. In 2014, notable scientific advancements in- equipment. Many of us know that there Today, there continues to be a sub- cluded: are schools all throughout America stantial shortage of Americans with 1. landing of a man made earth object on a who are deficient in science labs. I see the skills needed to fill computing comet; them in my district. I hear about them. jobs, and too few of our students are 2. discovery of a new fundamental particle, I think the other important point is being given the opportunity to learn which provided vital information on the origin that, over the years, we have expanded computer science, both at the K–12 of the universe; development of the world’s the research collaboration to Histori- level and in college. What is worse, dra- fastest supercomputer; and cally Black Colleges, Hispanic-Serving matic disparities remain for girls and 3. a tremendous increase in plant biology Institutions, Native American-Serving, students of color. that is discovering new and better ways to rural, and colleges that serve the eco- Last year, less than 25 percent of stu- meet global food requirements. nomically disadvantaged. dents taking the AP Computer Science These are wonderful accomplishments, but Those are good things because we exam were girls, while less than 15 per- none of them were U.S. led. don’t know where the genius is Amer- cent were African American or Latino. The first two were European in origin and ica and how many people may come up To remain economically competitive, the second two were accomplished by China. with outstanding research. So I hope we need to make smart investments China landed the Jade Rabbit, its first lunar that we do focus on how important now to address these disparities and probe on the moon, and on Sunday North basic research is. ensure we have a strong 21st century

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Pursuant to claim the time in opposition to the under the legislation, NSF can also in- House Resolution 609, the gentlewoman amendment, though I do not oppose the vest in projects aimed at developing an from Washington (Ms. DELBENE) and a amendment. American workforce that is globally Member opposed each will control 5 The Acting CHAIR. Without objec- competitive in computing and informa- minutes. tion, the gentleman is recognized for 5 tion technology, sectors that are see- The Chair recognizes the gentle- minutes. ing enormous growth here at home and woman from Washington. There was no objection. around the globe. Ms. DELBENE. Mr. Chair, I rise to Mr. SMITH of Texas. Mr. Chairman, I If we want our students to be pre- offer an important amendment for sci- accept the gentlewoman’s amendment. pared for the digital economy, NSF entists across the country who are en- It clarifies that the new requirements must be able to fund projects that sup- gaged in ongoing research funded by in the bill do not apply to grants that port the teaching and learning of es- the National Science Foundation. have already been awarded by the Na- sential computer science skills like As everyone in this Chamber knows, tional Science Foundation. I agree that coding, programming, designing, and research and innovation are central to the bill is not intended to be retro- debugging. My amendment will do just American competitiveness and driving active. that. It will ensure we are looking for- our national economy. Each year, in- In January 2015, NSF began to imple- ward and preparing students for the vestments in research through NSF ment new internal guidelines that pro- college degrees and careers of the fu- help us push the boundaries of sci- mote accountability and transparency. ture. entific knowledge, support new indus- These guidelines are compatible with I urge my colleagues on both sides of tries, and address the challenges facing this bill, but the implementation of the aisle to support it. our society. them is a work in progress. I will con- I reserve the balance of my time. I don’t think anyone would deny that tinue to communicate with NSF about Mr. SMITH of Texas. Mr. Chairman, I funding for NSF has overwhelmingly how they implement their internal claim time in opposition to the amend- benefited our country. It is also key to guidelines, but agree that this bill will ment, but I do not oppose it. our country’s economic growth. Fund- only apply to future grants, once en- The Acting CHAIR. Without objec- ing new explorations in science and acted. tion, the gentleman is recognized for 5 technology is how we stay on the cut- So, Mr. Chairman, I support the minutes. ting edge of research; it is how we con- amendment. There was no objection. tinue to compete globally in the 21st I yield back the balance of my time. Mr. SMITH of Texas. Mr. Chairman, I century economy. Ms. DELBENE. I thank the chairman accept the gentlewoman’s amendment. That is why I have serious concerns for his support of the amendment. It clarifies that it is in the national in- about the implications of the under- I yield back the balance of my time. terest to fund grants that support the lying legislation, which needlessly in- The Acting CHAIR. The question is development of an American STEM serts a layer of political review into on the amendment offered by the gen- workforce that is globally competitive the scientific research process. To re- tlewoman from Washington (Ms. main a world leader, we need to ensure and that includes computer science and DELBENE). the information technology sectors. scientists are exploring transformative The amendment was agreed to. In October, the President signed into new ideas and frontiers based on the Mr. SMITH of Texas. Mr. Chairman, I law the STEM Education Act, a bill merits of their research, not the sub- move that the Committee do now rise. that I introduced with my colleague jective opinions of politicians in Con- The motion was agreed to. Ms. ESTY, which expands the definition gress. Accordingly, the Committee rose; Unfortunately, those subjective opin- of STEM to include computer science. and the Speaker pro tempore (Mr. CAR- ions are exactly what is being injected This amendment reinforces that new TER of Texas) having assumed the into the process under this legislation; Federal definition of STEM. It is a per- chair, Mr. MOONEY of West Virginia, and what is worse, it has the potential fecting amendment to the bill, and I Acting Chair of the Committee of the to put ongoing research at risk. By welcome it. Whole House on the state of the Union, changing the rules about how NSF I agree with my colleague that it is reported that that Committee, having in the national interest to support cre- funding is awarded, scientists across the country may rightfully be con- had under consideration the bill (H.R. ating training a STEM workforce 3293) to provide for greater account- which includes computer science, and I cerned about how this legislation af- fects the important work that they are ability in Federal funding for scientific support her amendment. research, to promote the progress of I yield back the balance of my time. doing today. science in the United States that Ms. DELBENE. I want to thank the As someone who started her career in chairman for his support. research, I can tell you firsthand it is serves that national interest, had come I yield back the balance of my time. incredibly important that you have the to no resolution thereon. The Acting CHAIR. The question is certainty to see a project through to f on the amendment offered by the gen- the end. Starting and stopping research RECESS tlewoman from Washington (Ms. is highly detrimental. The SPEAKER pro tempore. Pursu- DELBENE). We should provide scientists the The amendment was agreed to. long-term visibility to know their on- ant to clause 12(a) of rule I, the Chair declares the House in recess subject to AMENDMENT NO. 6 OFFERED BY MS. DEL BENE going research can be completed with- The Acting CHAIR. It is now in order out interference from politicians, and the call of the Chair. Accordingly (at 4 o’clock and 13 min- to consider amendment No. 6 printed in that is precisely what my amendment utes p.m.), the House stood in recess. part B of House Report 114–420. does. My amendment simply clarifies Ms. DELBENE. Mr. Chairman, I have that the underlying legislation does f an amendment at the desk. not impact any grant funding that has b 1645 The Acting CHAIR. The Clerk will already been awarded by the NSF. It is designate the amendment. critical that we pass it to ensure ongo- AFTER RECESS The text of the amendment is as fol- ing research is not disrupted by this The recess having expired, the House lows: unfortunate bill. was called to order by the Speaker pro

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tempore (Mr. MOONEY of West Virginia) A recorded vote was ordered. Foxx Lucas Rooney (FL) at 4 o’clock and 45 minutes p.m. Franks (AZ) Luetkemeyer Roskam The vote was taken by electronic de- Frelinghuysen Lummis Ross f vice, and there were—ayes 181, noes 235, Garrett MacArthur Rothfus not voting 17, as follows: Gibbs Marchant Rouzer REPORT ON RESOLUTION PRO- Gibson Marino Royce VIDING FOR CONSIDERATION OF [Roll No. 68] Gohmert Massie Russell H.R. 2017, COMMON SENSE NUTRI- AYES—181 Goodlatte McCarthy Salmon Gosar McCaul Sanford TION DISCLOSURE ACT OF 2015, Adams Frankel (FL) Murphy (FL) Granger McClintock Scalise Aguilar Fudge Nadler AND PROVIDING FOR PRO- Graves (LA) McHenry Schweikert Ashford Gabbard Napolitano CEEDINGS DURING THE PERIOD Graves (MO) McKinley Scott, Austin Bass Gallego Neal Griffith McMorris Sensenbrenner FROM FEBRUARY 15, 2016, Beatty Garamendi Nolan Grothman Rodgers Sessions THROUGH FEBRUARY 22, 2016 Becerra Graham Norcross Guinta McSally Shuster Bera Grayson O’Rourke Guthrie Meadows Mr. BURGESS, from the Committee Simpson Beyer Green, Al Pallone Hardy Meehan Sinema on Rules, submitted a privileged report Bishop (GA) Green, Gene Pascrell Harper Messer Smith (MO) (Rept. No. 114–421) on the resolution (H. Blumenauer Grijalva Payne Harris Mica Smith (NE) Bonamici Gutie´rrez Pelosi Hartzler Miller (FL) Res. 611) providing for consideration of Smith (NJ) Boyle, Brendan Hahn Perlmutter Heck (NV) Miller (MI) the bill (H.R. 2017) to amend the Fed- Smith (TX) F. Hanna Peters Hensarling Moolenaar eral Food, Drug, and Cosmetic Act to Stefanik Brady (PA) Hastings Pingree Hice, Jody B. Mooney (WV) Stewart improve and clarify certain disclosure Brown (FL) Heck (WA) Pocan Hill Mulvaney Stivers Brownley (CA) Higgins Polis Holding Murphy (PA) requirements for restaurants and simi- Stutzman Bustos Himes Price (NC) Huelskamp Neugebauer lar retail food establishments, and to Thompson (PA) Butterfield Hinojosa Rangel Hultgren Newhouse amend the authority to bring pro- Thornberry Capps Honda Rice (NY) Hunter Noem Capuano Hoyer Tiberi ceedings under section 403A, and pro- Ros-Lehtinen Hurd (TX) Nugent Ca´ rdenas Huffman Tipton viding for proceedings during the pe- Roybal-Allard Hurt (VA) Nunes Carney Israel Trott Ruiz Issa Olson riod from February 15, 2016, through Carson (IN) Jackson Lee Turner Ruppersberger Jenkins (KS) Palazzo February 22, 2016, which was referred to Cartwright Jeffries Upton Rush Jenkins (WV) Palmer Castor (FL) Johnson (GA) Valadao the House Calendar and ordered to be Ryan (OH) Johnson (OH) Paulsen Chu, Judy Johnson, E. B. Wagner printed. Sa´ nchez, Linda Johnson, Sam Pearce Cicilline Kaptur Walberg T. Jolly Perry f Clark (MA) Keating Walden Sarbanes Jones Peterson Clarke (NY) Kennedy Walker Schakowsky Jordan Pittenger SCIENTIFIC RESEARCH IN THE Clay Kildee Walorski Schiff Joyce Pitts NATIONAL INTEREST ACT Cleaver Kilmer Walters, Mimi Schrader Katko Poe (TX) Clyburn Kind Weber (TX) Scott (VA) Kelly (MS) Poliquin The SPEAKER pro tempore. Pursu- Cohen Kirkpatrick Webster (FL) Scott, David Kelly (PA) Pompeo ant to House Resolution 609 and rule Connolly Kuster Wenstrup Serrano King (IA) Posey XVIII, the Chair declares the House in Conyers Langevin Westerman Sewell (AL) King (NY) Price, Tom Cooper Larsen (WA) Whitfield the Committee of the Whole House on Sherman Kinzinger (IL) Ratcliffe Courtney Larson (CT) Williams the state of the Union for the further Sires Kline Reed Crowley Lawrence Wilson (SC) Slaughter Knight Reichert consideration of the bill, H.R. 3293. Cuellar Lee Labrador Renacci Wittman Speier Will the gentleman from Iowa (Mr. Cummings Levin LaHood Ribble Womack Swalwell (CA) Curbelo (FL) Lewis LaMalfa Rice (SC) Woodall BLUM) kindly take the chair. Takai Davis (CA) Lieu, Ted Lamborn Rigell Yoder Takano b 1647 Davis, Danny Loebsack Lance Roby Yoho Thompson (CA) DeFazio Lofgren Latta Roe (TN) Young (AK) IN THE COMMITTEE OF THE WHOLE Thompson (MS) DeGette Lowenthal LoBiondo Rogers (AL) Young (IA) Titus Accordingly, the House resolved Delaney Lowey Long Rogers (KY) Young (IN) Tonko itself into the Committee of the Whole DeLauro Lujan Grisham Loudermilk Rohrabacher Zeldin Torres House on the state of the Union for the DelBene (NM) Love Rokita Zinke DeSaulnier Luja´ n, Ben Ray Tsongas further consideration of the bill (H.R. Deutch (NM) Van Hollen NOT VOTING—17 3293) to provide for greater account- Dingell Lynch Vargas Castro (TX) Hudson Richmond Veasey ability in Federal funding for scientific Doggett Maloney, Duckworth Huizenga (MI) Sanchez, Loretta Vela research, to promote the progress of Dold Carolyn Fincher Kelly (IL) Shimkus Doyle, Michael Maloney, Sean Vela´ zquez Gowdy Lipinski Smith (WA) science in the United States that F. Matsui Visclosky Graves (GA) Mullin Westmoreland serves that national interest, with Mr. Edwards McCollum Walz Herrera Beutler Quigley BLUM (Acting Chair) in the chair. Ellison McDermott Wasserman The Clerk read the title of the bill. Engel McGovern Schultz b 1708 Eshoo McNerney Waters, Maxine The Acting CHAIR. When the Com- Esty Meeks Watson Coleman Messrs. SENSENBRENNER and mittee of the Whole rose earlier today, Farr Meng Welch NUGENT changed their vote from amendment No. 6 printed in part B of Fattah Moore Wilson (FL) ‘‘aye’’ to ‘‘no.’’ House Report 114–420, offered by the Foster Moulton Yarmuth Messrs. ASHFORD and PETERS gentlewoman from Washington (Ms. NOES—235 changed their vote from ‘‘no’’ to ‘‘aye.’’ DELBENE), had been disposed of. Abraham Brooks (IN) Crawford So the amendment was rejected. AMENDMENT NO. 2 OFFERED BY MS. EDDIE Aderholt Buchanan Crenshaw The result of the vote was announced BERNICE JOHNSON OF TEXAS Allen Buck Culberson as above recorded. The Acting CHAIR. Pursuant to Amash Bucshon Davis, Rodney The Acting CHAIR (Mr. BOST). There Amodei Burgess Denham being no further amendment, under the clause 6 of rule XVIII, the unfinished Babin Byrne Dent business is the demand for a recorded Barletta Calvert DeSantis rule, the Committee rises. vote on the amendment offered by the Barr Carter (GA) DesJarlais Accordingly, the Committee rose; gentlewoman from Texas (Ms. EDDIE Barton Carter (TX) Diaz-Balart and the Speaker pro tempore (Mr. Benishek Chabot Donovan MOONEY of West Virginia) having as- BERNICE JOHNSON) on which further Bilirakis Chaffetz Duffy proceedings were postponed and on Bishop (MI) Clawson (FL) Duncan (SC) sumed the chair, Mr. BOST, Acting which the noes prevailed by voice vote. Bishop (UT) Coffman Duncan (TN) Chair of the Committee of the Whole The Clerk will redesignate the Black Cole Ellmers (NC) House on the state of the Union, re- Blackburn Collins (GA) Emmer (MN) amendment. Blum Collins (NY) Farenthold ported that that Committee, having The Clerk redesignated the amend- Bost Comstock Fitzpatrick had under consideration the bill (H.R. ment. Boustany Conaway Fleischmann 3293) to provide for greater account- Brady (TX) Cook Fleming RECORDED VOTE ability in Federal funding for scientific Brat Costa Flores The Acting CHAIR. A recorded vote Bridenstine Costello (PA) Forbes research, to promote the progress of has been demanded. Brooks (AL) Cramer Fortenberry science in the United States that

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\BR16\H10FE6.001 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1702 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 February 10, 2016 serves that national interest, and, pur- breadth and the data for the epidemic. All we want to do is look at the prob- suant to House Resolution 609, he re- Using the public health approach, we lem. All we want to do is measure the ported the bill back to the House with have reduced smoking among Ameri- magnitude. All we want to do is find sundry amendments adopted in the cans from 43 percent, at the time of the solutions for NeShante Davis, 26 years Committee of the Whole. first Surgeon General’s report in 1964, old, and her 2-year-old daughter, Chloe, The SPEAKER pro tempore. Under to 18 percent. gunned down—gunned down. the rule, the previous question is or- b 1715 In every single community across dered. this country, we can do this by ena- Is a separate vote demanded on any Since the 1970s, using the public bling the National Science Foundation amendment reported from the Com- health approach, we have reduced to just look into the issue and give us mittee of the Whole? If not, the Chair deaths from motor vehicle crashes by some answers so that we can find solu- will put them en gros. more than 70 percent. In 1970, there tions. We owe it to NeShante. We owe The amendments were agreed to. were over 55,000 deaths from motor ve- it to Chloe. We owe it to the American The SPEAKER pro tempore. The hicle crashes per year. Today there are people. question is on the engrossment and around 30,000. I urge my colleagues on both sides of third reading of the bill. So what does the public health ap- the aisle to treat this like the epidemic The bill was ordered to be engrossed proach yield? Well, the essence is this: that it is. End gun violence in this and read a third time, and was read the define the problem, including its mag- country. third time. nitude, nature, and distribution in the I urge my colleagues to support my MOTION TO RECOMMIT population; define the cause or risk and commonsense motion. Ms. EDWARDS. Mr. Speaker, I have protective factors for the problem. Mr. Speaker, I yield back the balance a motion to recommit at the desk. What are the characteristics to prevent of my time. The SPEAKER pro tempore. Is the the problem? Mr. SMITH of Texas. Mr. Speaker, I gentlewoman opposed to the bill? For example, educating people about rise in opposition to the motion to re- Ms. EDWARDS. I am opposed. the risk of guns that come with gun commit. The SPEAKER pro tempore. The ownership and how to reduce that risk The SPEAKER pro tempore. The gen- Clerk will report the motion to recom- and develop widely implemented pro- tleman is recognized for 5 minutes. mit. grams using proven strategies to pre- Mr. SMITH of Texas. Mr. Speaker, I The Clerk read as follows: vent the problem, public health can oppose the motion to recommit. Ms. Edwards moves to recommit the bill help solve this problem. H.R. 3293, the Scientific Research in H.R. 3293 to the Committee on Science, At this time, I yield to the gen- Space, and Technology with instructions to the National Interest Act, is a bipar- report the same back to the House forthwith, tleman from California (Mr. tisan bill that ensures the grant proc- with the following amendments: SWALWELL), my colleague and cospon- ess at the National Science Foundation Page 4, line 13, strike ‘‘or’’. sor of the motion. is transparent and accountable to the Page 4, line 15, strike the period and insert Mr. SWALWELL of California. I American people. ‘‘; or’’. thank the gentlewoman from Maryland America’s future economic growth Page 4, after line 15, insert the following: (H) increased understanding of the causes for yielding to me. and national security depend on inno- and prevention of gun violence. Mr. Speaker, on every block in every vation. Public and private investments The SPEAKER pro tempore. The gen- community across America, people are in research and development fuel the tlewoman from Maryland is recognized asking what is the Federal Government economy, create jobs, and lead to new for 5 minutes. doing to keep our community safe from technologies that benefit Americans’ Ms. EDWARDS. Mr. Speaker, this is gun violence. They are asking for good daily lives. the final amendment to the bill. It will reason. NSF invests about $6 billion of tax- not kill the bill or send it back to com- Nearly 11,000 Americans were victims payers’ funds every year on research mittee. If adopted, the bill will imme- of homicide by firearm in 2014. There projects and related activities. Unfor- diately proceed to final passage, as was nearly one mass shooting for each tunately, in recent years, the Federal amended. day of the year in 2015, according to Government has awarded too many H.R. 3293, the deceptively entitled The New York Times. With these stats, grants that few Americans would con- Scientific Research in the National In- are we doing enough? Can we do more? sider to be in the national interest. terest Act, represents an effort by the Our motion to recommit answers this Only one out of five grant proposals majority to overrule expert scientists question by endeavoring to understand are approved. We cannot fund every in deciding which scientific grants the the causes of gun violence and learning worthy proposal, much less frivolous Federal scientific agency should fund. how we can curb it. As Members of ones like $516,000 to create a video What this really translates to, Mr. Congress, we have no higher obligation game called ‘‘Relive Prom Night.’’ Speaker, is that these are areas that than to protect those we represent. The legislation before us reaffirms in some politicians do not want to fund I urge all Members to live up to that law that every NSF grant must support because they don’t believe in sci- responsibility. Help do all we can to re- research that is in the national inter- entists. duce gun violence. Pass this motion to est. Just a week ago, 26-year-old recommit. The 1950 enabling legislation that NeShante Davis, a second grade teach- Ms. EDWARDS. Mr. Speaker, using created the NSF set forth the Founda- er in Fort Washington, and her 2-year- the public health approach, we have tion’s mission and cited the national old daughter, Chloe, were gunned down now eradicated smallpox, eliminated interest as the foundation for public because of child support. We have a gun polio in most countries, reduced motor support and dissemination of basic sci- violence problem in the United States. vehicle deaths by 70 percent, and re- entific research. According to The American Journal duced smoking rates by over half. The Science in the National Interest of Medicine, compared to other rich na- We can do something about gun vio- Act reaffirms and restores this crucial tions, Americans are 25 times more lence, and we have an obligation to do mission and requires the NSF grants likely to be violently killed with a fire- it today. Just think if we were able to meet at least one of seven criteria that arm, 6 times more likely to be acciden- do the same thing to address the gun demonstrate it is in the national inter- tally killed with a gun, 8 times more violence epidemic. est. This will add transparency, ac- likely to commit suicide using a fire- This is a small and yet powerful step countability, and credibility to the arm, and 10 times more likely to die with research—just research—that NSF and its grant process. from a gun death overall. could lead to significantly reducing the Opponents of this bill must think To address this, Americans deserve number of Americans killed by fire- they know better than the NSF Direc- the facts and Congress needs the arms. tor. Director Cordova testified before

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00041 Fmt 0688 Sfmt 0634 E:\BR16\H10FE6.001 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 1703 the House Science, Space, and Tech- Frankel (FL) Lowenthal Ruppersberger Newhouse Rokita Tiberi nology Committee that the policy in Fudge Lowey Rush Noem Rooney (FL) Tipton Gabbard Lujan Grisham Ryan (OH) Nugent Ros-Lehtinen Trott H.R. 3293 is ‘‘compatible with the Gallego (NM) Sa´ nchez, Linda Nunes Roskam Turner NSF’s internal guidelines.’’ This legis- Garamendi Luja´ n, Ben Ray T. Olson Ross Upton lation makes that standard clear, ex- Graham (NM) Sarbanes Palazzo Rothfus Valadao Palmer Rouzer plicit, and permanent. Grayson Lynch Schakowsky Wagner Green, Al Maloney, Schiff Paulsen Royce Walberg Pearce Russell Scientists still make the decisions. Green, Gene Carolyn Scott (VA) Walden Perry Salmon They just do not get a blank check Grijalva Maloney, Sean Scott, David Walker ´ Massie Peterson Sanford Gutierrez Serrano Walorski signed by the taxpayer. They need to Pittenger Scalise Hahn Matsui Walters, Mimi be accountable to the American people Sewell (AL) Pitts Schrader Hastings McCollum Weber (TX) Sherman Poe (TX) Schweikert by showing their proposals are in the Heck (WA) McDermott Webster (FL) McGovern Sinema Poliquin Scott, Austin national interest. Higgins Wenstrup McNerney Sires Pompeo Sensenbrenner Himes Westerman The National Science Foundation has Hinojosa Meeks Slaughter Posey Sessions Whitfield supported and continues to support Honda Meng Speier Price, Tom Shimkus Williams Hoyer Moore Swalwell (CA) Ratcliffe Shuster basic research into the causes and pre- Wilson (SC) Huffman Moulton Takai Reed Simpson vention of crime and mass violence. Wittman Israel Murphy (FL) Takano Reichert Smith (MO) Womack NSF-funded research has included stud- Jackson Lee Nadler Thompson (CA) Renacci Smith (NE) Woodall ies of violent impulse behavior, cul- Jeffries Napolitano Thompson (MS) Ribble Smith (NJ) Yoder Johnson (GA) Neal Titus Rice (SC) Smith (TX) tural and social factors affecting pre- Yoho Johnson, E. B. Nolan Tonko Rigell Stefanik disposition to violence, the links be- Young (AK) Kaptur Norcross Torres Roby Stewart Young (IA) tween mental disorders and violent be- Keating O’Rourke Tsongas Roe (TN) Stivers Rogers (AL) Stutzman Young (IN) havior, parenting and parental influ- Kennedy Pallone Van Hollen Rogers (KY) Thompson (PA) Zeldin Kildee Pascrell Vargas ences over their children’s disposition Rohrabacher Thornberry Zinke toward violent behavior, and patterns Kilmer Payne Veasey Kind Pelosi Vela NOT VOTING—15 of crime and violence in American cit- Kirkpatrick Perlmutter ´ Velazquez Castro (TX) Herrera Beutler Mullin ies. Kuster Peters Visclosky Larson (CT) Pingree Duckworth Hudson Quigley There is no need for this motion to Walz Lawrence Pocan Fincher Huizenga (MI) Sanchez, Loretta Wasserman recommit. In fact, it is an inappro- Lee Polis Gowdy Kelly (IL) Smith (WA) priate earmark. For those reasons, I Levin Price (NC) Schultz Graves (GA) Miller (FL) Westmoreland Lewis Rangel Waters, Maxine urge my colleagues to reject the mo- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Lieu, Ted Rice (NY) Watson Coleman tion to recommit and to support the Lipinski Richmond Welch The SPEAKER pro tempore (during underlying bill. Loebsack Roybal-Allard Wilson (FL) the vote). There are 2 minutes remain- Mr. Speaker, I yield back the balance Lofgren Ruiz Yarmuth ing. of my time. NOES—241 The SPEAKER pro tempore. Without b 1727 objection, the previous question is or- Abraham Dent Jenkins (WV) Aderholt DeSantis Johnson (OH) So the motion to recommit was re- dered on the motion to recommit. Allen DesJarlais Johnson, Sam jected. There was no objection. Amash Diaz-Balart Jolly The result of the vote was announced The SPEAKER pro tempore. The Amodei Dold Jones Babin Donovan Jordan as above recorded. question is on the motion to recommit. Barletta Duffy Joyce Stated against: The question was taken; and the Barr Duncan (SC) Katko Mr. MILLER of Florida. Mr. Speaker, on roll- Speaker pro tempore announced that Barton Duncan (TN) Kelly (MS) call No. 69, I was unavoidably detained. Had the noes appeared to have it. Benishek Ellmers (NC) Kelly (PA) Bilirakis Emmer (MN) King (IA) I been present, I would have voted ‘‘nay.’’ RECORDED VOTE Bishop (GA) Farenthold King (NY) The SPEAKER pro tempore. The Ms. EDWARDS. Mr. Speaker, I de- Bishop (MI) Fitzpatrick Kinzinger (IL) Bishop (UT) Fleischmann Kline question is on the passage of the bill. mand a recorded vote. Black Fleming Knight The question was taken; and the A recorded vote was ordered. Blackburn Flores Labrador Speaker pro tempore announced that The SPEAKER pro tempore. Pursu- Blum Forbes LaHood Bost Fortenberry LaMalfa the ayes appeared to have it. ant to clause 9 of rule XX, the Chair Boustany Foxx Lamborn RECORDED VOTE will reduce to 5 minutes the minimum Brady (TX) Franks (AZ) Lance Ms. EDDIE BERNICE JOHNSON of Brat Frelinghuysen Langevin time for any electronic vote on the Texas. Mr. Speaker, I demand a re- question of passage. Bridenstine Garrett Larsen (WA) Brooks (AL) Gibbs Latta corded vote. This is a 5-minute vote. Brooks (IN) Gibson LoBiondo A recorded vote was ordered. The vote was taken by electronic de- Buchanan Gohmert Long The SPEAKER pro tempore. This is a vice, and there were—ayes 177, noes 241, Buck Goodlatte Loudermilk Bucshon Gosar Love 5-minute vote. not voting 15, as follows: Burgess Granger Lucas The vote was taken by electronic de- [Roll No. 69] Byrne Graves (LA) Luetkemeyer vice, and there were—ayes 236, noes 178, Calvert Graves (MO) Lummis AYES—177 Carter (GA) Griffith MacArthur not voting 19, as follows: Adams Carney Davis, Danny Carter (TX) Grothman Marchant [Roll No. 70] Aguilar Carson (IN) DeFazio Chabot Guinta Marino Ashford Cartwright DeGette Chaffetz Guthrie McCarthy AYES—236 Bass Castor (FL) Delaney Clawson (FL) Hanna McCaul Abraham Boustany Cole Beatty Chu, Judy DeLauro Coffman Hardy McClintock Aderholt Brady (TX) Collins (GA) Becerra Cicilline DelBene Cole Harper McHenry Allen Brat Collins (NY) Bera Clark (MA) DeSaulnier Collins (GA) Harris McKinley Amash Bridenstine Comstock Beyer Clarke (NY) Deutch Collins (NY) Hartzler McMorris Amodei Brooks (IN) Conaway Blumenauer Clay Dingell Comstock Heck (NV) Rodgers Ashford Buchanan Cook Bonamici Cleaver Doggett Conaway Hensarling McSally Babin Buck Costa Boyle, Brendan Clyburn Doyle, Michael Cook Hice, Jody B. Meadows Barletta Bucshon Costello (PA) F. Cohen F. Costa Hill Meehan Barr Burgess Cramer Brady (PA) Connolly Edwards Costello (PA) Holding Messer Barton Byrne Crawford Brown (FL) Conyers Ellison Cramer Huelskamp Mica Benishek Calvert Crenshaw Brownley (CA) Cooper Engel Crawford Hultgren Miller (MI) Bilirakis Carter (GA) Cuellar Bustos Courtney Eshoo Crenshaw Hunter Moolenaar Bishop (MI) Carter (TX) Culberson Butterfield Crowley Esty Culberson Hurd (TX) Mooney (WV) Bishop (UT) Chabot Davis, Rodney Capps Cuellar Farr Curbelo (FL) Hurt (VA) Mulvaney Black Chaffetz Denham Capuano Cummings Fattah Davis, Rodney Issa Murphy (PA) Blackburn Clawson (FL) Dent Ca´ rdenas Davis (CA) Foster Denham Jenkins (KS) Neugebauer Bost Coffman DeSantis

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\BR16\H10FE6.001 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1704 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 February 10, 2016 DesJarlais Knight Roby Langevin Napolitano Scott, David absent due to the birth of my son in San Anto- Diaz-Balart Labrador Roe (TN) Larsen (WA) Neal Serrano Donovan LaHood Rogers (AL) Larson (CT) Nolan Sewell (AL) nio, Texas. Had I been present, I would have Duffy LaMalfa Rogers (KY) Lawrence Norcross Sherman voted ‘‘nay.’’ Duncan (SC) Lamborn Rohrabacher Lee O’Rourke Sires f Duncan (TN) Lance Rokita Levin Pallone Slaughter Ellmers (NC) Latta Rooney (FL) Lewis Pascrell Speier AUTHORIZING THE USE OF EMAN- Emmer (MN) Lipinski Roskam Lieu, Ted Payne Swalwell (CA) CIPATION HALL IN THE CAPITOL Loebsack Pelosi Farenthold LoBiondo Ross Takai VISITOR CENTER FOR A CERE- Fitzpatrick Long Rothfus Lofgren Perlmutter Takano Lowenthal Peters Fleischmann Loudermilk Rouzer Thompson (CA) MONY AS PART OF THE COM- Lowey Pingree Fleming Love Royce Thompson (MS) MEMORATION OF THE DAYS OF Lujan Grisham Pocan Flores Lucas Russell Titus (NM) Polis REMEMBRANCE OF VICTIMS OF Forbes Luetkemeyer Salmon Tonko Fortenberry Lummis Sanford Luja´ n, Ben Ray Price (NC) THE HOLOCAUST (NM) Rangel Torres Foxx MacArthur Scalise Tsongas Mr. HARPER. Mr. Speaker, I ask Franks (AZ) Marchant Schweikert Lynch Rice (NY) Van Hollen Frelinghuysen Marino Scott, Austin Maloney, Richmond unanimous consent that the Com- Vargas Garrett McCarthy Sensenbrenner Carolyn Ros-Lehtinen mittee on House Administration be dis- Veasey Gibbs McCaul Sessions Maloney, Sean Roybal-Allard Vela charged from further consideration of Gibson McClintock Shimkus Matsui Ruiz Vela´ zquez House Concurrent Resolution 111, and Gohmert McHenry Shuster McCollum Ruppersberger Visclosky Goodlatte McKinley Simpson McDermott Rush ask for its immediate consideration in Walz Gosar McMorris Sinema McGovern Ryan (OH) the House. ´ Wasserman Granger Rodgers Smith (MO) McNerney Sanchez, Linda Schultz The Clerk read the title of the con- Graves (LA) McSally Smith (NE) Meeks T. Waters, Maxine current resolution. Graves (MO) Meadows Smith (NJ) Meng Sarbanes Grayson Meehan Smith (TX) Moore Schakowsky Watson Coleman The SPEAKER pro tempore (Mr. Griffith Messer Stefanik Moulton Schiff Welch MACARTHUR). Is there objection to the Grothman Mica Stewart Murphy (FL) Schrader Wilson (FL) Nadler Scott (VA) Yarmuth request of the gentleman from Mis- Guinta Miller (FL) Stivers sissippi? Guthrie Miller (MI) Stutzman NOT VOTING—19 Hardy Moolenaar Thompson (PA) There was no objection. Harper Mooney (WV) Thornberry Blum Herrera Beutler Quigley The text of the concurrent resolution Harris Mulvaney Tiberi Brooks (AL) Hudson Sanchez, Loretta is as follows: Hartzler Murphy (PA) Tipton Castro (TX) Huizenga (MI) Smith (WA) Heck (NV) Neugebauer Trott Duckworth Kelly (IL) Westmoreland H. CON. RES. 111 Hensarling Newhouse Turner Fincher Kind Wittman Resolved by the House of Representatives (the Hice, Jody B. Noem Upton Gowdy Massie Senate concurring), Hill Nugent Valadao Graves (GA) Mullin Holding Nunes Wagner SECTION 1. USE OF EMANCIPATION HALL FOR ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Huelskamp Olson Walberg HOLOCAUST DAYS OF REMEM- Hultgren Palazzo Walden The SPEAKER pro tempore (Mr. POE BRANCE CEREMONY. Hunter Palmer Walker of Texas) (during the vote). There are 2 Emancipation Hall in the Capitol Visitor Hurd (TX) Paulsen Walorski minutes remaining. Center is authorized to be used on May 5, Hurt (VA) Pearce Walters, Mimi 2016, for a ceremony as part of the com- Issa Perry Weber (TX) b 1733 memoration of the days of remembrance of Jenkins (KS) Peterson Webster (FL) So the bill was passed. victims of the Holocaust. Physical prepara- Jenkins (WV) Pittenger Wenstrup tions for the conduct of the ceremony shall Johnson (OH) Pitts Westerman The result of the vote was announced be carried out in accordance with such condi- Johnson, Sam Poe (TX) Whitfield as above recorded. Jolly Poliquin Williams tions as may be prescribed by the Architect Jones Pompeo Wilson (SC) A motion to reconsider was laid on of the Capitol. Jordan Posey Womack the table. The concurrent resolution was agreed Joyce Price, Tom Woodall Stated against: Katko Ratcliffe Yoder to. Kelly (MS) Reed Yoho Mr. KIND. Mr. Speaker, during rollcall vote A motion to reconsider was laid on Kelly (PA) Reichert Young (AK) No. 70 on H.R. 3293, I was unavoidably de- the table. King (IA) Renacci Young (IA) tained. Had I been present, I would have f King (NY) Ribble Young (IN) voted ‘‘no.’’ Kinzinger (IL) Rice (SC) Zeldin Kline Rigell Zinke PERSONAL EXPLANATION UNITED STATES-JORDAN DEFENSE Mr. GRAVES of Georgia. Mr. Speaker, I COOPERATION ACT OF 2015 NOES—178 was absent today to attend the funeral of a Ms. ROS-LEHTINEN. Mr. Speaker, I Adams Cohen Fudge family member. Had I been present, on rollcall ask unanimous consent to take from Aguilar Connolly Gabbard the Speaker’s table the bill (H.R. 907) Bass Conyers Gallego No. 68, I would have voted ‘‘no,’’ on rollcall Beatty Cooper Garamendi No. 69, I would have voted ‘‘no,’’ and on roll- to improve defense cooperation be- Becerra Courtney Graham call No. 70, I would have voted ‘‘yea.’’ tween the United States and Bera Crowley Green, Al PERSONAL EXPLANATION Hashemite Kingdom of Jordan, with Beyer Cummings Green, Gene Bishop (GA) Curbelo (FL) Grijalva Mr. CASTRO of Texas. Mr. Speaker, my the Senate amendment thereto, and Blumenauer Davis (CA) Gutie´rrez vote was not recorded on rollcall No. 68 on concur in the Senate amendment. Bonamici Davis, Danny Hahn the Eddie Bernice Johnson Amendment for The Clerk read the title of the bill. Boyle, Brendan DeFazio Hanna The SPEAKER pro tempore. The F. DeGette Hastings consideration of H.R. 3293—Scientific Re- Brady (PA) Delaney Heck (WA) search in the National Interest Act. I am not Clerk will report the Senate amend- Brown (FL) DeLauro Higgins recorded because I was absent due to the ment. Brownley (CA) DelBene Himes birth of my son in San Antonio, Texas. Had I The Clerk read as follows: Bustos DeSaulnier Hinojosa Senate amendment: Butterfield Deutch Honda been present, I would have voted ‘‘aye.’’ Capps Dingell Hoyer Mr. Speaker, my vote was not recorded on Strike all after the enacting clause and in- Capuano Doggett Huffman sert the following: ´ rollcall No. 69 on the Motion to recommit H.R. Cardenas Dold Israel SECTION 1. SHORT TITLE. Carney Doyle, Michael Jackson Lee 3293—Scientific Research in the National In- Carson (IN) F. Jeffries terest Act. I am not recorded because I was This Act may be cited as the ‘‘United States- Cartwright Edwards Johnson (GA) absent due to the birth of my son in San Anto- Jordan Defense Cooperation Act of 2015’’. Castor (FL) Ellison Johnson, E. B. nio, Texas. Had I been present, I would have SEC. 2. FINDINGS. Chu, Judy Engel Kaptur Congress makes the following findings: Cicilline Eshoo Keating voted ‘‘aye.’’ (1) As of January 22, 2015, the United States Clark (MA) Esty Kennedy Mr. Speaker, my vote was not recorded on Government has provided $3,046,343,000 in as- Clarke (NY) Farr Kildee rollcall No. 70 on the final passage of H.R. Clay Fattah Kilmer sistance to respond to the Syria humanitarian Cleaver Foster Kirkpatrick 3293—Scientific Research in the National In- crisis, of which nearly $467,000,000 has been pro- Clyburn Frankel (FL) Kuster terest Act. I am not recorded because I was vided to the Hashemite Kingdom of Jordan.

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00043 Fmt 0688 Sfmt 6333 E:\BR16\H10FE6.001 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 1705 (2) As of January 2015, according to the treated as if it were a country listed in the pro- zation, has effectively shared information with United Nations High Commissioner for Refugees, visions of law described in subsection (b) for the United States for the purpose of preventing, there were 621,937 registered Syrian refugees in purposes of applying and administering such investigating, detecting, or prosecuting criminal Jordan and 83.8 percent of whom lived outside provisions of law. offenses and has appropriate privacy protec- refugee camps. (b) ARMS EXPORT CONTROL ACT.—The provi- tions for such shared information; (3) In 2000, the United States and Jordan sions of law described in this subsection are— (B) the country or regional economic integra- signed a free-trade agreement that went into (1) subsections (b)(2), (d)(2)(B), (d)(3)(A)(i), tion organization, or member country of such force in 2001. and (d)(5) of section 3 of the Arms Export Con- organization, permits the transfer of personal (4) In 1996, the United States granted Jordan trol Act (22 U.S.C. 2753); data for commercial purposes between the terri- major non-NATO ally status. (2) subsections (e)(2)(A), (h)(1)(A), and (h)(2) tory of that country or regional economic orga- (5) Jordan is suffering from the Syrian refugee of section 21 of such Act (22 U.S.C. 2761); nization and the territory of the United States, crisis and the threat of the Islamic State of Iraq (3) subsections (b)(1), (b)(2), (b)(6), (c), and through an agreement with the United States or and the Levant (ISIL). (d)(2)(A) of section 36 of such Act (22 U.S.C. otherwise; and (6) The Government of Jordan was elected as 2776); (C) the Attorney General has certified that the a non-permanent member of the United Nations (4) section 62(c)(1) of such Act (22 U.S.C. policies regarding the transfer of personal data Security Council for a 2-year term ending in De- 2796a(c)(1)); and for commercial purposes and related actions of cember 2015. (5) section 63(a)(2) of such Act (22 U.S.C. the country or regional economic integration or- (7) Enhanced support for defense cooperation 2796b(a)(2)). ganization, or member country of such organi- with Jordan is important to the national secu- SEC. 6. MEMORANDUM OF UNDERSTANDING. zation, do not materially impede the national rity of the United States, including through cre- Subject to the availability of appropriations, security interests of the United States. ation of a status in law for Jordan similar to the the Secretary of State is authorized to enter into (2) REMOVAL OF DESIGNATION.—The Attorney countries in the North Atlantic Treaty Organi- a memorandum of understanding with the General may, with the concurrence of the Sec- zation, Japan, Australia, the Republic of Korea, Hashemite Kingdom of Jordan to increase eco- retary of State, the Secretary of the Treasury, Israel, and New Zealand, with respect to consid- nomic support funds, military cooperation, in- and the Secretary of Homeland Security, revoke eration by Congress of foreign military sales to cluding joint military exercises, personnel ex- the designation of a foreign country or regional Jordan. changes, support for international peacekeeping economic integration organization, or member (8) The Colorado National Guard’s relation- missions, and enhanced strategic dialogue. country of such organization, as a ‘‘covered ship with the Jordanian military provides a sig- country’’ if the Attorney General determines nificant benefit to both the United States and Ms. ROS-LEHTINEN (during the reading). Mr. Speaker, I ask unanimous that such designated ‘‘covered country’’— Jordan. (A) is not complying with the agreement de- (9) Jordanian pilot Moaz al-Kasasbeh was consent that the amendment be consid- scribed under paragraph (1)(A)(i); brutally murdered by ISIL. ered as read. (B) no longer meets the requirements for des- (10) On February 3, 2015, Secretary of State The SPEAKER pro tempore. Is there ignation under paragraph (1)(A)(ii); John Kerry and Jordanian Foreign Minister objection to the request of the gentle- (C) fails to meet the requirements under para- Nasser Judeh signed a new Memorandum of Un- woman from Florida? graph (1)(B); derstanding that reflects the intention to in- There was no objection. (D) no longer meets the requirements for cer- crease United States assistance to the Govern- tification under paragraph (1)(C); or ment of Jordan from $660,000,000 to The SPEAKER pro tempore. Is there objection to the original request of the (E) impedes the transfer of information (for $1,000,000,000 for each of the years 2015 through purposes of reporting or preventing unlawful 2017. gentlewoman from Florida? activity) to the United States by a private entity (11) On December 5, 2014, in an interview on There was no objection. or person. CBS This Morning, Jordanian King Abdullah II A motion to reconsider was laid on Mr. GOODLATTE (during the read- stated— the table. (A) in reference to ISIL, ‘‘This is a Muslim ing). Mr. Speaker, I ask unanimous problem. We need to take ownership of this. We f consent that the reading be dispensed need to stand up and say what is wrong’’; and JUDICIAL REDRESS ACT OF 2015 with. (B) ‘‘This is our war. This is a war inside Mr. GOODLATTE. Mr. Speaker, I ask The SPEAKER pro tempore. Is there Islam. So we have to own up to it. We have to objection to the request of the gen- take the lead. We have to start fighting back.’’. unanimous consent to take from the Speaker’s table the bill (H.R. 1428) to tleman from Virginia? SEC. 3. STATEMENT OF POLICY. There was no objection. It should be the policy of the United States— extend Privacy Act remedies to citi- (1) to support the Hashemite Kingdom of Jor- zens of certified states, and for other The SPEAKER pro tempore. Is there dan in its response to the Syrian refugee crisis; purposes, with the Senate amendment objection to the original request of the (2) to provide necessary assistance to alleviate thereto, and concur in the Senate gentleman from Virginia? the domestic burden to provide basic needs for amendment. There was no objection. the assimilated Syrian refugees; The Clerk read the title of the bill. A motion to reconsider was laid on (3) to cooperate with Jordan to combat the ter- the table. rorist threat from the Islamic State of Iraq and The SPEAKER pro tempore. The the Levant (ISIL) or other terrorist organiza- Clerk will report the Senate amend- f tions; and ment. NO VETERAN DIES ALONE (4) to help secure the border between Jordan The Clerk read as follows: and its neighbors Syria and Iraq. Senate amendment: (Ms. MCSALLY asked and was given SEC. 4. SENSE OF CONGRESS. On page 3, strike line 6 and all that follows permission to address the House for 1 It is the sense of Congress that— through page 4 line 21, and insert: minute and to revise and extend her re- (1) expeditious consideration of certifications (d) DESIGNATION OF COVERED COUNTRY.— marks.) of letters of offer to sell defense articles, defense (1) IN GENERAL.—The Attorney General may, Ms. MCSALLY. Mr. Speaker, it has services, design and construction services, and with the concurrence of the Secretary of State, been said that no veteran dies alone. major defense equipment to the Hashemite King- the Secretary of the Treasury, and the Secretary Yesterday, southern Arizona proved dom of Jordan under section 36(b) of the Arms of Homeland Security, designate a foreign coun- that true in an amazing way. Export Control Act (22 U.S.C. 2776(b)) is fully try or regional economic integration organiza- Recently, Sierra Vista resident Ser- consistent with United States security and for- tion, or member country of such organization, eign policy interests and the objectives of world as a ‘‘covered country’’ for purposes of this sec- geant First Class Sidney D. Cochran peace and security; tion if— passed away at the age of 93. He served (2) Congress welcomes the statement of King (A)(i) the country or regional economic inte- 20 years in the U.S. Army, serving in Abdullah II quoted in section (2)(11); and gration organization, or member country of such both World War II and Korea, but died (3) it is in the interest of peace and stability organization, has entered into an agreement without any family to attend his fu- for regional members of the Global Coalition to with the United States that provides for appro- neral. A call went out at the end of last Combat ISIL to continue their commitment to, priate privacy protections for information and increase their involvement in, addressing week on social media to encourage shared for the purpose of preventing, inves- anyone to attend his service. Over 300 the threat posed by ISIL. tigating, detecting, or prosecuting criminal of- SEC. 5. ENHANCED DEFENSE COOPERATION. fenses; or people came out to show their respects. (a) IN GENERAL.—During the 3-year period be- (ii) the Attorney General has determined that The Sierra Vista Herald reported ginning on the date of the enactment of this the country or regional economic integration or- that American Legion Riders escorted Act, the Hashemite Kingdom of Jordan shall be ganization, or member country of such organi- Sergeant Cochran to the cemetery,

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\BR16\H10FE6.001 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1706 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 February 10, 2016 where members of the Tucson-based were led off the boat at gunpoint and for 1 minute and to revise and extend Patriot Guard Riders were waiting to held hostage. Iran, unsurprisingly, vio- her remarks.) greet him. Fort Huachuca’s Honor lated Article 13 of the Geneva Conven- Ms. ROS-LEHTINEN. Mr. Speaker, I Guard carried him to his final resting tion by failing to protect our sailors rise today to urge south Floridians to place, and an Arizona National Guard from ‘‘insults and public curiosity.’’ join me at the Dolphins Cancer Chal- helicopter conducted a flyover. The Here is a poster of our sailors surren- lenge on Saturday, February 20. manager of the cemetery remarked dering to the small boat of Iranians. The Dolphins Cancer Challenge raises that she had never seen a service like The bottom photograph apparently money for the University of Miami’s that before. shows arms taken off the two Amer- Sylvester Comprehensive Cancer Cen- Mr. Speaker, I applaud everyone in ican boats. I assume the Iranians kept ter to help ‘‘tackle cancer’’—to the my district who took the time to give those. tune of $11.5 million since its inception Sergeant Cochran the honor he de- Iran’s Supreme Leader has awarded in 2010. served. Southern Arizona is unique for victory medals to its navy commanders This event was inspired by Jim ‘‘Mad so many reasons, and not least of all is for capturing the Americans. Dog’’ Mandich, whom we see pictured the amazing way our community shows International law states that anyone here, whom we tragically lost to cancer appreciation for our veterans and their can have innocent passage through a nearly 5 years ago. service. state’s territorial waters, as long as it A champion both on and off the field, f is nonthreatening, continuous, and ex- the ‘‘Mad Dog’’ was a key contributor peditious. for the still-perfect and still-peerless, CYBERSECURITY NATIONAL Iran claimed the Americans were undefeated 1972 Miami Dolphins. ACTION PLAN sent to spy. These claims turned out to But Jim was perhaps best known and be delusional. Iran acted without con- (Mr. LANGEVIN asked and was given loved for his broadcasting work, where sequences, and the U.S. did not act at permission to address the House for 1 he cheered our own Dolphins with his minute and to revise and extend his re- all. Many questions remain. Where was patented ‘‘Alright Miami.’’ marks.) So please ride, run, or walk with me Mr. LANGEVIN. Mr. Speaker, yester- the effective air cover for the Navy? at the Dolphins Cancer Challenge to day, the President announced his Cy- Why did the sailors ‘‘give up the ship’’? help support Sylvester’s innovative bersecurity National Action Plan in Who gave the order to surrender? conjunction with his 2017 budget pro- The Navy needs to let the American cancer care. posal. This proposal starts with a public know how two American boats f much-needed investment in Federal cy- were confiscated by the Iranians and MANMADE DISASTER IN FLINT, bersecurity: a 35 percent increase in why it happened. MICHIGAN spending anchored by a $3.1 billion re- And that is just the way it is. (Ms. LEE asked and was given per- volving fund designed to kick-start the f mission to address the House for 1 modernization of outdated government FLINT WATER CRISIS minute.) IT systems—something that is sorely (Mr. PAYNE asked and was given Ms. LEE. Mr. Speaker, I rise to join needed. The Action Plan is notable for its permission to address the House for 1 my colleagues in decrying this man- emphasis on centralizing Federal cy- minute and to revise and extend his re- made disaster that is affecting the resi- bersecurity, something I have long marks.) dents in the city of Flint, Michigan. Mr. PAYNE. Mr. Speaker, in Michi- called for. While the CISO created Every day we learn more about how gan, thousands of young children were under the plan does not have all au- the Governor and Michigan public offi- poisoned because Governor Snyder used thorities I think the position requires, cials made decisions that sacrificed the a contaminated water source to cut it is certainly a step in the right direc- health and futures of the Flint resi- costs. Last year, in my State of New tion. dents in order to save a few dollars. The plan also makes needed invest- Jersey, over 3,000 children under 6 That is just plain wrong. The people of ments in workforce development, in- years old were afflicted with dangerous Flint deserve better. We cannot stand cluding the very successful CyberCorps levels of lead, according to a new re- silent while Americans, while children, program, and charters a Presidential port. are poisoned. Four of the communities I represent commission to do more long-range Flint is a majority African American in Congress—Irvington, East Orange, planning in the domain. city, and the average household income I commend the President’s effort, Newark, and Jersey City—have dan- is just $24,834—that is a year—which is which reflects an appropriately stra- gerous lead levels. At the same time, barely half of Michigan’s average tegic adjustment to the breach of Of- our runaway Governor continues to household income. Would the same de- fice of Personnel Management systems roll back protections for clean water. cisions have been made had this been It is a national disgrace that children last year; however, I hope we will le- in an affluent community? I doubt it. in New Jersey, Michigan, and other verage this increased attention to ad- Earlier today, this House passed the U.S. States are being poisoned by lead dress the challenges of tomorrow, not bipartisan Safe Drinking Water Act in the year 2016. Many of these children just those of yesterday. Improved Compliance Awareness Act, will suffer irreparable harm, never but we can and must do more to pre- f reaching their full potential, because vent this from ever happening again. IRAN VIOLATES INTERNATIONAL of the neglect and indifference of their Our response must be comprehensive LAW leaders. and urgent. It is a state of emergency (Mr. POE of Texas asked and was We have a moral obligation to pro- that requires Members of Congress to given permission to address the House tect the health and well-being of our find all of the Federal resources pos- for 1 minute and to revise and extend communities, especially our children. sible to demonstrate that we are really his remarks.) Let’s meet it. and truly our brothers’ and sisters’ Mr. POE of Texas. Mr. Speaker, it f keeper. was a routine exercise, sailing from b 1745 f Kuwait to Bahrain through the Persian Gulf, until, allegedly, the navigation SUPPORTING THE DOLPHINS CAN- PRESIDENT OBAMA’S FY 2017 system failed on one of the two U.S. CER CHALLENGE AND SYL- BUDGET AND CRUSHING DEBT gunboats. Mysteriously, the boats lost VESTER COMPREHENSIVE CAN- (Mr. ROTHFUS asked and was given communication. CER CENTER permission to address the House for 1 Next, 10 American sailors surren- (Ms. ROS-LEHTINEN asked and was minute and to revise and extend his re- dered and were captured by Iran. They given permission to address the House marks.)

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00045 Fmt 0688 Sfmt 0634 E:\BR16\H10FE6.001 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 1707 Mr. ROTHFUS. Mr. Speaker, this is Mr. FITZPATRICK. Mr. Speaker, I uary 6, 2015, the gentleman from Cali- the cover of President Obama’s last rise to congratulate State Representa- fornia (Mr. SWALWELL) is recognized for budget proposal. Whether or not the tive Gene DiGirolamo, of Bucks Coun- 60 minutes as the designee of the mi- administration intended it, it is a fit- ty, Pennsylvania, who will be honored nority leader. ting and appropriate cover because it this month with the American Medical Mr. SWALWELL of California. Mr. symbolizes the mountain of debt Presi- Association’s 2016 Dr. Nathan Davis Speaker, we are here for another Fu- dent Obama will leave behind. Award for Outstanding Government ture Forum discussion, and tonight our His latest budget proposal increases Service, which is named for its founder. topic is restoring our democracy, cam- spending by a record-breaking 4.9 per- Representative DiGirolamo’s dedica- paign finance, and voting rights. cent, or $2.5 trillion over the next dec- tion to the betterment of public health Americans agree, our voting system ade. The President’s budget leaves our through advocacy and legislative work and our political system is broken, and children and grandchildren burdened in the Pennsylvania House of Rep- the integrity of our democracy is at with an unfathomable mountain of resentatives earned him this pres- stake. debt, regulations, and taxes; and like tigious award. He is presently serving Future Forum is a House Democratic every other budget he has presented, it in his 11th term in office and third Caucus group consisting of 17 of our never balances. This budget is reckless term as chairman of the House Human youngest members who have gone and unconscionable. Services Committee. across the country to 11 cities, now, When President Obama took office on Representative DiGirolamo stead- talking to young people about their de- January 20, 2009, the national debt was fastly continues his advocacy of issues mocracy and what they care about. $10.6 trillion; yet Mr. Obama has in- related to drug and alcohol treatment We were just in Dallas this past Fri- and prevention, physical and intellec- creased the national debt to $19 tril- day, hosted in the Dallas/Fort Worth tual disabilities, and individuals with lion, and this budget would increase area by Congressman MARC VEASEY, as mental illness. Additionally, he wrote our national debt to $27.4 trillion over well as being joined by Congressman legislation that increased funding for the next decade—more than twice the RUBEN GALLEGO of Phoenix. vital rehabilitation centers, while es- debt when he first took office. Today we are following up on what tablishing a separate cabinet agency This cover will be part of the Ar- we heard in Dallas and what we have chives of the United States. It will be a for the important effort that stream- lined drug and alcohol treatment serv- heard in many of the cities before it, fitting historical record for the moun- which is, for all the issues facing tains of debt it represents. ices in Pennsylvania. Representative DiGirolamo has pro- millennials, many of them understand f vided leadership to his associates and that, at the root of the problem is the DATA COLLECTION constituents and set an example for influence of outside money in politics and access to the ballot box. (Mr. JOHNSON of Georgia asked and others to follow, and I am honored to Joining us tonight is one of the lead- was given permission to address the call him my friend. ers in the House on the issue of money House for 1 minute and to revise and Congratulations, Gene. and politics, Congressman JOHN SAR- extend his remarks.) f Mr. JOHNSON of Georgia. Mr. Speak- BANES of Maryland. He is the lead spon- PRESQUE ISLE STATE PARK sor of the Government By the People er, data collection affects countless BEACH REPLENISHMENT Americans and touches many parts of Act. (Mr. THOMPSON of Pennsylvania Also we will be joined by Congress- our lives. Data collection is very per- asked and was given permission to ad- man KILMER, from the Seattle area, sonal and may include your location, dress the House for 1 minute and to re- and Delegate PLASKETT, from the Vir- photos, messages, and many of the vise and extend his remarks.) gin Islands. things that make up who we are; yet Mr. THOMPSON of Pennsylvania. So I am going to first ask Congress- we lack basic rights for data collected Mr. Speaker, earlier this week I joined man SARBANES this question, which we on mobile devices. my colleagues—Representative MIKE This week, I introduced a pair of bills have heard from so many millennials KELLY from Pennsylvania’s Third Con- across the country: What can we do to to safeguard consumer privacy: gressional District, along with Penn- H.R. 4517, the APPS Act, will bolster restore their faith in their govern- sylvania Senators PAT TOOMEY and BOB consumer privacy by requiring app de- ment? CASEY, JR.—in sending a letter to the velopers to maintain privacy policies, I yield to the gentleman from Mary- Assistant Secretary of the Army. In land (Mr. SARBANES). obtain consent from consumers before that letter, we requested that Presque collecting data, and securely maintain Mr. SARBANES. Mr. Speaker, first of Isle State Park remain a high-priority all, let me thank the gentleman, Con- the data they collect. project for the Army Corps of Engi- H.R. 4516, the Data Act, would re-cre- gressman SWALWELL, of the Future neers’ budget for the fiscal year 2016. Forum, for convening us around issues ate transparency and control for con- Presque Isle State Park is located here in the Chamber and out in the sumers over their personal data and along 7 miles of Lake Erie’s shoreline. country that are particularly impor- provide consumers with the tools to The park’s beaches require proper care tant and critical for the next genera- correct the record and minimize collec- and nourishment every single year to tion out there, and what we can do to tion. fight their constant erosion. Privacy is an issue that should unite More than 4 million people visit bring their interests in, bring them us, not drive us apart. It is past time Presque Isle State Park each year, into the political town square, if you for our laws to reflect this reality making it Pennsylvania’s most visited will, and get the benefit of their voices. through commonsense rules for data State park. The park is woven into the The gentleman is absolutely right to collection, transparency, and use. social fabric of the region and is a point to the challenge, the problem we f highly important part of northwestern have. Many young people, many Ameri- cans of all ages these days feel that CONGRATULATING PENNSYLVANIA Pennsylvania’s economy. It is my hope that the U.S. Army their voice really isn’t accounted for STATE REPRESENTATIVE GENE Corps of Engineers will continue to here in Washington. Their sense is that DIGIROLAMO FOR RECEIVING support replenishment of this vital re- there is kind of an insider game being THE 2016 DR. NATHAN DAVIS source for the Erie region, preserving played, that big money and special in- AWARD FOR OUTSTANDING GOV- these beaches for future generations. terests hold particular sway in this ERNMENT SERVICE f place, and the voice of everyday Ameri- (Mr. FITZPATRICK asked and was cans, average citizens, just doesn’t given permission to address the House FUTURE FORUM have a place. for 1 minute and to revise and extend The SPEAKER pro tempore. Under That has led to cynicism, it has led his remarks.) the Speaker’s announced policy of Jan- to anger, it has led to frustration, and

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\BR16\H10FE6.001 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1708 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 February 10, 2016 it has led to a lot of people deciding to visited college campuses in the Tacoma paign finance system. So, after Water- exit the political arena. and Seattle area. We went to a couple gate, you saw the Federal Election It doesn’t mean they are not pas- of the big businesses in your area with Commission established. That was real- sionate about things. That is clearly a millennial workforce. ly meant to be the watchdog to make the case. You see a lot of young people We heard in Tacoma the same thing sure people weren’t violating campaign who are focused on climate change, on that we heard when we went to the finance law and that they were playing the economy, on jobs, on issues that Manchester, New Hampshire, area and by the rules. are important to them. They have just the same thing that we heard in the Unfortunately, as time has passed, kind of given up that maybe Wash- Dallas area, which is that millennials the Federal Election Commission has ington and Congress are the places just think that the system is rigged almost become as dysfunctional as the where important decisions and progress and there is no reason to participate. United States Congress. The con- can be made on those issues. The numbers show that. Roughly 22 sequence of that is people are playing So the challenge for us is: How do we percent of the eligible millennials fast and loose with the rules. bring people back? How do we get them showed up to vote in 2014. You see the rise of super-PACs and back into the conversation so we can What are you hearing in the Seattle this whole question of coordination, benefit from what a pluralistic demo- area about this issue? particularly in the Presidential cam- cratic society is all about, which is, Mr. KILMER. I think that is pretty paigns, and it is a real problem. So we you get people in there, you tussle consistent with what we hear in our put forward a bill that is called the Re- around, you put your views out, you neck of the woods. You saw in the last storing Integrity to America’s Elec- reach a compromise, and then you election season two-thirds of Ameri- tions Act. Very simply, it tries to put move forward? That is what progress is cans cast a no-confidence vote by not teeth back into the Federal Election all about. voting at all, and those numbers are Commission. I think one of the critical ways to ad- even worse when it comes to millennial So there are all sorts of things that dress this is we have got to look at re- voters. we have got to do on this front to try vamping the way we fund campaigns in I think as Mr. SARBANES said, it is to reduce the role of money in our poli- this country. So the gentleman is right not that they don’t care, there are a lot tics and to try to restore the people’s to call attention to that, and we have of things that they care about. But it power back. a lot of leadership here in the House is, I think, out of a fair belief that Because, if you look at some the ex- that is focused on what we can do to there is too much money, too many traordinary things that have happened kind of restore the voices of everyday deep pockets, and too many special in- in this country, whether it be the civil Americans. terests that are driving our democracy. rights movement or advances made in I appreciate your citing the Govern- This week Politico came out with a environmental protection or any num- ment By the People Act, which is re- report that the 100 biggest donors of ber of things, they have happened when form legislation that we have intro- the 2016 cycle have spent $195 million. everyday Americans, citizens, are able duced in this Congress. We have almost That is more than the combined total to take hold of their government and 160 cosponsors, including, I think, ev- of 2 million small donors. So I think it to actually make a difference in their erybody who is going to speak this is fair to say that millennial voters see government. evening as part of the Future Forum. that dynamic and believe that their I think each of us is trying to do The idea there is just to basically go voice is getting drowned out in the that, certainly from a policy stand- build a different way of funding cam- process. point. Next week I am doing seven paigns that puts everyday citizens Mr. SWALWELL of California. If you townhall meetings in my district to try back at the center, so they are the look at this chart here, 158 families to make sure that everyday Americans linchpin, they are the driver, where gave nearly 50 percent of the early 2016 have a voice in their democracy. small donations can earn matching donations. How does that make you But you look at charts like that and funds and help to power the campaign feel? I think it makes it very hard for people of Members of Congress and candidates If you are a part of the largest gen- to feel any sense of impact and efficacy out there who want to run and become eration America has ever known, 80 and feel like their voice is being heard. part of this place. There will be a place million people, the most diverse gen- I think it is an important conversation for candidates to turn to support their eration America has ever known, how for us to be having because we need to campaigns other than to the special in- does it make you feel when 158 families change that. terests and the big money crowd. are contributing over 50 percent? Mr. SWALWELL of California. Your We can build a system like that that Mr. KILMER. I think it drives the proposals to have reforms with more is viable, that puts everyday citizens at importance of some of the change that teeth are quite popular across the the center of it. And I think if we do we are talking about here tonight. Cer- country. I don’t know if you knew this, that, young people and people, frankly, tainly, the Government By the People but it has strong support across a of all ages and stripes are going to de- Act is a key part of that, trying to get cross-section of the electorate. cide they want to step back into the the deep pockets and special interest For example, majorities of Demo- political space because they will feel influence away and actually empower cratic voters, 72 percent women and 84 appreciated again, like their voice the everyday American and millennial percent men, support small donor re- matters. voters. forms. Independent voters, 60 percent There are other things we have to do of the women polled and 66 percent of b 1800 as well. You see this problem exacer- the men polled supported it. Among So I look forward to the discussion bated by the Citizens United decision. Republican voters, 57 percent of the tonight, and I want to thank you for Many of us are cosponsors of a con- women supported it, and 53 percent of your work on the Future Forum and stitutional amendment to undo that the men have supported small donor re- particularly calling attention tonight Supreme Court decision. forms. to this issue of money and politics, how You have seen efforts focused on try- So I want to ask Congressman SAR- we address it, and how we bring the ing to at least shine a bright light on BANES—and then I see we are now voices of everyday citizens back into where some of this dark money is com- joined by Congressman VEASEY as the mix into the people’s House. ing from. There is a bill called the DIS- well—how has money and politics also Mr. SWALWELL of California. I want CLOSE Act that at least tries to focus worked to disenfranchise voters? Be- to again thank my colleague from the on that issue. cause Congressman VEASEY and I heard Baltimore area in Maryland. Then the other thing that I have in the Dallas/Fort Worth area about I want to ask Congressman KILMER. worked on is trying to put the teeth how voting laws that have been put in The Future Forum went to Seattle. We back into the watchdog of our cam- place have made it actually quite hard

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\BR16\H10FE6.001 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 1709 to show up and vote. We heard about of reform. So that is why it is so crit- call Dallas/Fort Worth, is that young the purging of people from the voter ical to push forward with all of these people feel like voting is not nec- rolls. different measures. essarily easy, that some of the barriers What is the connection there when Then the last thing I just wanted to that have been put up recently in place you have outside interests drowning point out is one of the things that hap- have made it a lot harder for young out voices, putting in who they want as pens is young people want to run for of- people to exercise their right to vote. policymakers, and then the effect on fice. They want to get into the game. One of the young people that we met the rules that go into place as far as They want to enter politics. They want talked about the fact that they had how we govern our election? to come into the political arena. missed one election cycle, they went to Mr. SARBANES. You can talk about But, unfortunately, there is some- go and vote, and they found out that the effect on the rules. You can just thing called the money primary or the they had been suspended from the also talk about the effect on the enthu- green primary where, if you can’t find voter file, that they had been actually siasm for voting, period. a lot of people that can raise a lot of purged. If people are convinced that money money for you, then you have no way Mr. SWALWELL of California. I re- calls the shots, then they are going to to be viable as a candidate. So then member that woman. How does she feel look at voting as just being asked to you don’t even put your hat into the about that? come out on election day and decide ring. Mr. VEASEY. It was very discour- which of two people to send to Wash- One of the things that will happen if aging for her. It makes it seem as if the ington to work for somebody else. we can create systems of small donor system is rigged against her, and she Look at the issue of access to the public financing across the country— didn’t understand why that happened. ballot box and protecting access to the and we are starting to see that in That was really unfortunate. ballot box. Last year I had the oppor- places like Seattle, Maine, Arizona, One of the other things that I am tunity with many Members of Congress Connecticut, New York City, and so aware of—because I am actually a to go down to Selma with JOHN LEWIS forth—is that people who before could plaintiff in a lawsuit to roll back the and remember the foot soldiers from 50 never imagine running because they Texas voter ID law—is a lot of our years ago who fought for the right to couldn’t raise the money because there young people, when they go to college, vote. is a system that can lift them up, they get IDs from their university. At a lot We talked about protecting access to will put their hat in the ring, they will of our State universities, they will get the ballot box. But just as important is run, they will compete, they will win, IDs. protecting the ballot box’ opportunity and they will serve. These IDs are good if they need to It will change the composition not to get to Washington without being hi- identify themselves to a campus police just of Congress, but of State legisla- jacked along the way. officer. If they need to be able to use tures all across the country. That is Because that undermines the fran- the ID to get on a plane or anything the promise of small donor reform. chise, too. People bleed and sweat to like that, these kids can use these col- Then we can bring young people in get to the ballot box. You have to lege IDs. make sure that ballot box is preserved here. Then we can get the benefit of But under the Texas voter ID law, a on its way to Washington. their wisdom not just as donors and lot of our young people, if they go back So on one side of the coin, you have not just as small donors, but as can- home to vote in their home counties the right to vote, which is sacrosanct didates and public servants. and they show their student ID card— Mr. SWALWELL of California. Thank in our country. On the other side of the a student ID card, again, that is issued you again, Congressman SARBANES, for coin, you have the right to have your by the State of Texas—they cannot your work. vote mean something. That is where we I want to empower young people vote. They will be given a provisional have to address the undue influence across America right now, ballot. It won’t count. that money has. #FutureForum. There is a poll right When young people hear things like Two other real quick points before I now: Do you believe Congress should that, it really discourages them from yield back. vote to update campaign finance rules? voting. So we need to do everything we One is—and this is important, I We have had over 100 responses since can to engage young people. think, to millennials, young people, One of the things that I hear, Rep- just posting it. Ninety percent of the and the next generation—this question resentative SWALWELL, from a lot of people say yes. about what we do with money in poli- young people is that—for instance, the Congressman VEASEY, we were in tics. It is not just about putting rules Dallas on Friday. We talked to hun- young lady that we met that was in place. Rules are important. dreds of young people about what purged from the voter roll—if there You have got to have disclosure and issues they care about, especially ac- were same-day registration—actually, transparency. You have to have non- cess to the ballot box. same-day registration actually encour- coordination rules so the super-PACs What did you hear in Dallas? ages young people to participate in can’t talk to the candidates. You want Mr. VEASEY. Absolutely, Represent- voting. to try and get a constitutional amend- ative SWALWELL. I appreciate you tak- But a lot of States, like the one that ment to put limits on what the big ing your time to come out to Dallas/ I live in, won’t do things like that. money players can do. But rules are Fort Worth. They won’t take that initiative. They putting a referee on the field of the de- All the kids that were there, the col- won’t take that extra effort to engage mocracy to blow the whistle when the lege campus, the young professionals young people. big money crowd gets out of hand. that we spoke to, the business leaders It is no wonder that so many of our We need the rules, but we also need that we spoke to, really appreciated young people feel like the system is power. We need to figure out a way to the fact that you and others in Con- really rigged against them, that, if get Americans out of the bleachers and gress are leading the effort to engage they vote, their vote really won’t onto the field of their own democracy. young people and to engage millen- count. It is really, really unfortunate. That is what small donor matching nials. I would really think that, in the systems of public financing are all They make up such a large portion of wake of the 50th anniversary of the about. our population. They are going to con- Voting Rights Act, there is really no So it is about rules, but it is also tinue to make up a very large portion better time to assure young voters that about power. I think young people are of our population. We need to engage they can play a pivotal role in our de- leaving a lot of power on the table that them to find out what it is they are mocracy and to continue to urge them, they can take back to give themselves thinking. despite what a lot of States like mine a voice in their democracy again, and One of the things that we heard when are doing, to really discourage them they will be at the center of that kind we were in the metroplex, as we like to from voting and discriminate against

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\BR16\H10FE6.001 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1710 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 February 10, 2016 them, that they will continue to take live in the United States in any of the those who are not young, who are con- part in help shaping America. The best 50 States, if you decide to move to cerned about millennials and con- way how you can do that is by voting. Paris, if you decide to move to Tim- cerned about the next generation being Mr. SWALWELL of California. We buktu, you can still vote. But if you able to be a part of the American proc- talked to a lot of innovative young decide that you are going to live in one ess. people in Dallas. If I have learned any- of the United States territories, you Mr. SWALWELL of California. I thing about young people—and I re- have given up that right to vote for thank Delegate PLASKETT. That was so member being up in Manhattan with your President in your Federal elec- eloquently said. Congressman ISRAEL and Congress- tion. In places like Guam, American On Twitter right now under the woman GRACE MENG. Samoa, and the U.S. Virgin Islands, we #futureforum, people are speaking We were at a district co-workspace. have the highest veteran rate per cap- about their democracy and their right The complaint we often heard there ita in the United States. In the Virgin to access the polls. Anna Little-Sana was just about how darn hard it is to Islands, we have the highest casualty tweeted: Election day should be a Fed- get to the polls and why is it on a Tues- rate per capita of people who have vol- eral holiday! Kel tweeted: Elections on day. Why is it so inconvenient. unteered to serve this country, but Saturdays sounds like the easiest and I want to have Delegate PLASKETT cannot vote for their Commander in least controversial solution. speak to us on voting rights as well, Chief. Congressman ISRAEL, what if some- but in a moment I’m going to have We are bringing case law—and I am one introduced the Weekend Voting STEVE ISRAEL talk to us about weekend part of an effort—to ensure that people Act? Wait, someone has, and he is here. elections because people on Twitter who decide to live in the Virgin Is- Mr. ISRAEL. What a coincidence. right now are asking: Why can’t we lands, who are from the Virgin Islands, Mr. SWALWELL of California. Tell have votes on the weekend? can retain that right to exercise their us about that. Delegate PLASKETT, can you talk to voice in our Federal elections and not Mr. ISRAEL. What a coincidence this us a little bit just about voting rights something that we are fighting for is. with respect to the Virgin Islands, but right now. I want to thank my friend from Cali- also what you are hearing among This goes along with many of the fornia for his leadership in the Future young people. other what we believe to be historic Forum, traveling the country, engag- Ms. PLASKETT. Thank you so much discrimination that has gone on. There ing young people and millennials on for putting this together for us to be is an enormous amount of racial gerry- the critical issue of participating in able to speak to the American people mandering that is happening in this government. I don’t qualify as a mil- and speak to this body about voting country. The great Mr. JOHN LEWIS, lennial. rights, its importance, and the difficul- our colleague, has issued H.R. 12, I be- Mr. SWALWELL of California. It is a ties, that many groups are feeling dis- lieve it is, which is a bill to expand vot- mind-set. enfranchised from the voting system. ing rights and the ability for people to Mr. ISRAEL. I am slightly older than The Voting Rights Act is probably vote. most of the audiences that you engage. one of the most important pieces of I know that as you go around this But I used to be a millennial. I used to legislation that this Congress has put country and you speak with people, be a young person. I grew up in Levit- forward. It was passed in 1965 to pro- Representative SWALWELL, you will town, New York, on Long Island. I re- hibit discrimination in voting. hear about the difficulties, particularly member going to public school at Gar- According to the Department of Jus- those people who are discriminated diners Avenue Elementary School and tice, the Voting Rights Act itself has against in many ways, from their abil- being taught civics, being taught what been called the single most effective ity to vote. it takes to be a good citizen, and what piece of civil rights legislation. That One of the things that I recall writ- our responsibilities and obligations was back in 2009 when they said that. ing about when I was in law school was were. The Department of Justice has had a individuals who have been incarcerated The principal responsibility and the history of blocking racial gerry- and the ability that they no longer principal obligation of a good citizen mandering, which was covered in sec- have to vote. We know that in the was voting. You could vote to the left, tion 4 of the act. In 2006, the Voting Black community there is a dispropor- you could vote to the right, but vote. Rights Act was reaffirmed by an act of tionate amount of our young men and Now we are falling further and further this Congress. women who are incarcerated and then behind on voting because it has become The Senate voted for it 98–0, and the have lost their right to vote. The dif- harder and harder. House voted 390–33 in favor of the Vot- ficulties they have reinstating that There is a particular Republican can- ing Rights Act, which lets us know right and that ability to vote abso- didate who talks about how we have to that this is a fundamental right that lutely excludes not only their dignity make America great again. Do you most Americans believe. and their ability to voice their opin- know what we are not so great at? We ions, but they are feeling part of the are not so great at voting. In fact, we b 1815 American Dream, feeling included in are falling further and further behind But there are still these barriers that this American mission. What message the rest of the industrialized world. We many groups feel. I know, Congressman are we saying to them when they need are falling further and further behind SWALWELL, you have gone around the to be reintegrated back into this coun- most democracies in our voting par- country. You have heard from young try and to be productive citizens that ticipation. people, you have heard from poor peo- they can work, we want them to work, Why is that well? One reason is be- ple, you have heard from those who we want them to do everything that cause we reserve one day of the year to live in rural areas, the difficulty they they are supposed to do, but they can- vote in Federal elections, and that is have in exercising this fundamental not have that fundamental right to Tuesday. I don’t know if my friend right. vote. knows—here is a little history quiz, a In the Virgin Islands, we are facing These are the things that I am glad little pop quiz, to put him on the spot: an even greater constitutional issue you are speaking about tonight and Why do we vote on that Tuesday? Do that we are bringing court cases to the that you are making the American you have any idea why we vote on that United States about. Many years ago, public available to. I don’t know what Tuesday? Congress decided that the right to vote the Twitter feed is working on right Mr. SWALWELL of California. I was not a fundamental right for people now, but I am hoping that people will don’t have the slightest clue, no. Why that were living in the territories. tweet about this and will get this word do we? Under the Uniformed and Overseas out and will really create an echo Mr. ISRAEL. Here is the answer. In Citizen Absentee Voting Act, if you chamber of young people, and even 1845, Congress decided that voting day

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\BR16\H10FE6.001 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 1711 would be on Tuesday in November. that people know who are funding elec- show up again at 20 to 25 percent at the Why? Because at the time we were liv- tions; that we pass weekend voting so polls. ing in a mostly agrarian society, we it is easier for people to cast their In your district in Long Island, were a farm economy, and Sunday was votes and choose their democracy, so young people, what do they think when the Lord’s day. The polling places were that their democracy is not chosen by they see all this money in politics, that usually in the county seat, so Monday literally a few hundred families, by they are the largest generation in was the day that you traveled to the passing something that our colleague, America, yet 158 families contributed county seat. You got to your county JOHN SARBANES, talked about earlier: over 50 percent so far in the 2016 Presi- seat on Tuesday, you cast your vote, citizen-funded elections. dential cycle? What do you hear from you returned on Wednesday, and you If you want a stake in democracy and them as far as whether that makes farmed on Thursday, Friday, and Sat- if you want to own democracy, you them want to engage or participate? urday. That may have made sense in should have a share in that democracy. Mr. ISRAEL. I am very fortunate be- 1845, but it doesn’t make the same We ought to be encouraging citizen- cause I represent a district in New sense in 2016. funded elections, which are being done York that is blessed with universities As a result of reserving this one in States across the country—Repub- and colleges. We have a wonderful in- Tuesday as voting day, most Ameri- lican states, Democratic States. They frastructure of university and college cans report that they didn’t vote be- are embracing citizen-funded elections. campuses, and I toured those campuses cause they just couldn’t vote on Tues- We should be doing the same thing. and heard what you have heard: Con- day. Some people have two jobs, three Mr. SWALWELL of California. You gressman, my voice doesn’t count. Con- jobs, and they are raising families. As wrote a New York Times op-ed on this gressman, why should I vote when it important as it is to be a good citizen that was very frank, very passionate, makes no difference? Congressman, and to cast their vote, they are finding and I think, for a lot of people, very why should I get involved in a cam- it harder and harder. disturbing to hear how much time paign when my $20 contribution, or my The solution is very simple. I am Members of Congress have to spend $3 contribution, gets drowned out by going to make another quick comment. fundraising. one billionaire who is writing checks The solution is very simple. Allow peo- I just want to ask you as you start for millions of dollars for the candidate ple to vote on weekends. Designate your parting tour, which I am very sad that he supports? I have said to my colleagues on both Saturday and Sunday for voting. You to see, but have you met a single col- sides of the aisle, it is bad for all of us can do it on a Saturday; you can do it league in this Chamber on either side— when an entire generation gives up on on a Sunday. But we ought to des- left or right—who told you that they us. That is just bad for democracy. ignate weekend voting. came here because they enjoyed raising That is bad for trying to accomplish There are other democracies in the money, or that that is the most enjoy- anything. world, other nations in the world, that able part, or anywhere close to the I have also said—and people under- have weekend voting, and their voting most enjoyable part of their job? stand this, I believe, intuitively—no Mr. ISRAEL. No. In fact, I did write participation is much higher than ours. matter what issue is important to you, If there is one thing the government a piece in the New York Times that no matter what it is—more invest- should do to make it more convenient went viral. I received responses on both ments in education or infrastructure or for middle class citizens and working sides of this aisle—on both sides—peo- national security or your paycheck or families, it is make it more convenient ple saying: You are right, we spend too the environment—no matter what it is, to vote, and we can do that on week- much time in call time. Instead of it is all rooted in a system that doesn’t ends. thinking about issues, instead of think- allow progress on those issues because Let me make one other point if I ing about a robust foreign policy that it is rigged against progress on those could. I made a decision that I would is going to defeat our enemies, we issues. not run for reelection. My decision was spend too much time trying to figure People say: Well, what can we do? based on a broad range of personal out a robust fundraising policy to get What is the one thing we can do to get issues and personal considerations, per- reelected. Both sides of the aisle said our voice back? Get this Congress to sonal desires, to do other things. I have that. pass fundamental and meaningful cam- been here for 16 years. It is time to Not one of our colleagues enjoy fund- paign reform and we will make pass the torch. raising. But, in my view, there is only progress on every other issue. But I will tell you what. One of the one party who is willing to do some- Mr. SWALWELL of California. I will factors was that I could not stand to thing about it. Pass the DISCLOSE never forget at one of our townhalls spend one more day asking one more Act, support campaign finance reform, when we were in the Boston area. The donor for one more dollar. demand transparency. students were listing their concerns We have a system that used to be The only way we are going to take from climate change and the inaction dysfunctional. Now it is not dysfunc- this government back and make Amer- they have seen there, to student loan tional. It is just beyond broken. It is a ica great again is to engage voters debt and how it has them in financial system that tells people around the across the spectrum by lowering the quicksand. To my surprise—and then I country that their voices are drowned barriers that exist in this place. That ended up seeing this on every campus out. There is a sense—particularly is going to require the DISCLOSE Act, we visited—this particular student among the young people that you have citizen-funded elections, greater trans- said: But, yeah, you are not going to engaged across this country—that the parency, and weekend voting. solve any of that because the system is only way you get heard in this place is Mr. SWALWELL of California. That rigged. As long as that is the percep- if you have a super-PAC or a registered is right. Both sides from my experience tion, which we experience as our own lobbyist with you. Most middle class acknowledge this problem, but only the reality, we won’t see progress on those families and most young people can’t majority has the ability to bring this issues. afford a super-PAC or a registered lob- up for a vote on these reforms. We owe it to that generation. It is byist. I always have the sense that we can sad for you to acknowledge that a I am concerned that we have a major- all smell the burning and the smoke in whole generation is about to give up on ity right now that has made Congress a this House, but the fire alarm is on this us until we change the way that we not gated community. We need to bring side of the Chamber. Until our col- only have rules for money and politics, down those gates. The way to bring leagues are willing to pull it and bring but the way that we govern and rep- down those gates is to pass campaign these issues to this floor, we are going resent our constituents, not outside finance reform; it is to pass the DIS- to see millennials continue to think corporate interests. CLOSE Act, which Democrats passed that the system is rigged. It is not We have a Future Forum event com- when we had the majority, requiring going to be any surprise when they ing up in Denver. It is going to be in

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00050 Fmt 0688 Sfmt 0634 E:\BR16\H10FE6.001 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1712 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 February 10, 2016 April, hosted by Congresswoman matory to say, but we are going to ac- those activities in this government are DEGETTE and Congressman POLIS. tually walk through a series of the shrinking and shrinking and getting I will give you, Congressman ISRAEL, boards and sort of explain what is real- squeezed and getting squeezed, and it is the last word on this evening’s Future ly going on. because of the movement of mandatory Forum focusing on voting rights and For someone who is actually out spending. campaign financial reform. there who may have an interest in un- We have this thing called baby derstanding what is happening, this is b 1830 boomers. The fact of the matter is that the CBO report from 3 weeks ago. What baby boomers began to retire about 3 Mr. ISRAEL. Again, I thank the gen- makes this one so different from any years ago, and there are about— tleman so much for his leadership. other report that has happened is that what?—76 million of them who will re- If you would allow an aging 57-year- we have two major entitlement pro- tire in an 18-year period, and they do old to attend the Future Forum meet- grams that run out of money—that go consume tremendous amounts of re- ings, I would be happy to do so. I will bankrupt—within the 10-year window. sources that we have failed to set aside bring my crutch, my cane, and all of For years, you would see people walk for their futures. the other things that I need. up to these microphones and say: A Mr. Speaker, I just changed the On a serious note, I really do want to decade or two from now, such and such boards. As we continue, the board that commend you for the work that you is going to happen—30 years, 25 years is up right now, for those folks who are doing, for the engagement. from now. It is no longer decades. It is would be interested, is actually where Through this engagement, you are giv- now. We are going to show you a couple the money is going today. My friend ing people hope. You are letting people of portions of the data where, in 20 from Pennsylvania and I are going to know that there are people who are lis- months, Social Security itself goes talk through some of the mechanics tening to them. You go to those events negative, meaning the interest income here; but Social Security today is 22 without a super-PAC. You go to those that we pay ourselves—and we pay our- percent of the spending; Medicare is 17; events without billionaire donors. You selves 3.1 percent in interest income Medicaid is nine; other spending—that are representing the best that the from the money that the general fund would be Section 8, SNAP, and other grassroots has to offer. I want to thank has reached over and taken out of the things that are mandatory spending you for that. Social Security trust fund, and the tax that are in the formula—is another 17 Leave people with a sense of hope. revenues from Social Security do not percent. For as long as we are talking on this cover the money going out the door. Mr. PERRY. Will the gentleman floor about these issues, there is hope This was not supposed to happen. yield? that something will be done on this When I first got here 5 years ago, it Mr. SCHWEIKERT. I yield to the floor on these issues, and the middle was a decade away. Then, in some of gentleman from Pennsylvania. class and young people and millennials the reports, it was 5 years. Now it is 20 Mr. PERRY. Mr. Speaker, I want to will make progress again. months away. thank my good friend from Arizona. Mr. SWALWELL of California. Mr. We need to understand, when we talk When I start my townhall meetings, I Speaker, I yield back the balance of about the desperate need for economic always start with our fiscal situation my time. growth, it is jobs; it is people’s futures; because people ask me—and I imagine f it is their retirements; it is also the it is the same in your district—what is ability to support and pay for and fi- wrong with you people in Washington? AMERICA’S MANDATORY AND nance the promises this government Why can’t you get along? What is all DISCRETIONARY SPENDING has made—the earned benefits and— the bickering about? That slide is in- The SPEAKER pro tempore. Under let’s face it—some of the unearned ben- structive because I explain to them the Speaker’s announced policy of Jan- efits that are out there and our ability that nearly 70 percent of the budget we uary 6, 2015, the gentleman from Ari- to pay for them. So let’s actually walk don’t discuss at all, and it keeps get- zona (Mr. SCHWEIKERT) is recognized through some of the boards and sort of ting smaller—the things that they kind for 60 minutes as the designee of the explain where we are. This is really, of associate with the Federal Govern- majority leader. really important, and you are going to ment—because, in their minds, these Mr. SCHWEIKERT. Mr. Speaker, we hear me say that over and over as we other things, the things you talked are actually doing something a little do this. about—Medicare, Medicaid, Social Se- different tonight. We have brought This is the 2016 budget as we have it curity, care for our veterans, the about 15 to 20—what we will call— today. Do you see what is in blue—that ACA—all just happens automatically, boards. If we were in a more electronic bluish purple? That is what we call and they think about—oh, I don’t age, they would be PowerPoints. mandatory spending. That is Medicare, know—the IRS, the Park Service, the We will have a couple of our brothers Medicaid, Social Security, interest on military. I keep telling them that it and sisters here, hopefully, from the the debt, veterans’ benefits, gets smaller, and so we squabble more Republican side to help us walk ObamaCare—the new healthcare law— over this diminishing pie. through some of these numbers and and a handful of other poverty support I just need you to clarify something. what they actually mean. We want to programs, but it is mandatory. It is all So you say it is formula driven. That talk about what is really going on fis- formula driven. You will notice it is 70 makes sense to you, and it makes sense cally, mathwise. I am sure it was riv- percent of our spending in the fiscal to me. eting reading for Members of this body; year we are in—this year. The red— Mr. SCHWEIKERT. Yes. but 3 weeks ago, on a Wednesday—so 3 that 30 percent—is what we call discre- Mr. PERRY. But can you make that weeks ago today—the CBO issued a new tionary. That is what we get to vote on easy for a layman? report. When you go through the num- around here. Half of that discretionary Mr. SCHWEIKERT. You and I have bers of the reality of what is going on, is defense. When you hear politicians both had this experience because we it is devastating. or public policy analysts or budget an- talked about it earlier. You get asked The reality is that, unless this body alysts talk, if they are not talking at our townhalls and at other gath- engages in activities and policy and we about the mandatory spending, they erings: Why do you fight with each have a President who is willing to work are missing, basically, three-quarters other? It is like other families—it is with us who dramatically improves of our spending. Understand its rate of about the money. economic growth and not just for a growth is squeezing out everything When I stand here and say it is for- year but for the next couple of decades, else. mula driven, what happens is, when there is not enough revenue to cover If you are someone out there who you turn 65, you are eligible for certain the entitlement promises we have cares about healthcare research or edu- earned benefits. When you turn 67, made. I know that is sort of inflam- cation or the parks, the resources for there are certain earned benefits. If

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00051 Fmt 0688 Sfmt 0634 E:\BR16\H10FE6.001 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 1713 you fall below a certain income, there purchasing power but where the enti- show you some slides under the new are certain things you can receive. tlements grow dramatically. projections by the CBO, the Congres- They are based on a formula whether it Mr. PERRY. Because of the formula. sional Budget Office, that came out 3 be your age, whether it be your in- Mr. SCHWEIKERT. Formula and—we weeks ago. have to be brutally honest—demo- come, whether it be your military serv- b 1845 ice. That formula becomes sort of sac- graphics. rosanct around here, and there is an in- Mr. PERRY. Right, and the popu- Mr. Speaker, Social Security, the ability to say, if we do these tweaks, lation growth for those people who will trust fund has about 14 years, but we can preserve this benefit for future be receiving benefits. Medicare part A is gone in about 9 generations or even, as you are going Mr. SCHWEIKERT. Yes. years. You are going to see Social Se- to see in some of these numbers—and I Look, this isn’t a sinister plot. I can curity disability may have only about don’t know if you have had this experi- remember, back in 1981 or in 1982, sit- 58 months, and that trust fund is gone ence in your townhalls where the polit- ting in a statistics class, and the pro- again. So understand how fast these ical class before us used to say, ‘‘This fessor at that time was actually show- things are eroding. is for your grandkids.’’ Then, after a ing how much money had to be set Look, we are going through a lot of few years, it was for your kids—and aside because the baby boomers even- data and a lot of slides. I know you and now? tually were going to turn 65. Though, I and a couple of other Members, we Mr. PERRY. It is for my mother, who as you have found here in Congress, it are going to be putting this deck of is already on Social Security, and it is is almost as if we have just recently slides on our Web sites. For anyone definitely for me and for anybody who discovered that. that is actually interested in the fiscal thinks he may collect Social Security, Mr. PERRY. We have a tendency in sanity and health of this country, this understanding that, when we say ‘‘enti- Congress—quite honestly, we have a is the ability to take a look at them, tlements,’’ that is not meant to be you tendency as Americans—with our do- analyze them, give us suggestions, and are entitled to it. Do you know why mestic and foreign policy, to just pre- give us creativity. you are entitled to it?—because the tend that these things aren’t hap- This one right here, so, in 2026, think government forced you to pay into it. pening. of this: only 22 percent of the spending They forced you to invest when it Mr. SCHWEIKERT. Yes. will be in what you and I get to vote comes to Social Security, right? They There are a number of times you and on. Half of that is going to be defense; forced you to invest. It might not be a I have folks who come to our offices or half of that is going to be nondefense. good investment, but you must invest. to our townhalls who have great ideas, Oh, and by the way, the one good It is important, and I think you are and they desperately want some more thing I can tell you about we are get- going to talk about this a little bit in resources for this research project or ting from the slow-growth economy the future of how that investment is for this activity or for this infrastruc- right now is we have reprojected our going. ture or for this and that. You try to ex- interest rate. Because if I had shown Mr. SCHWEIKERT. As we do this, we plain—okay—this board here talks this slide a few months ago, we were probably should make the distinction about the next 9 years; so from this expecting trillion-dollars-plus interest. between an earned benefit and an enti- budget year—where we are right now Now, we only expect a much lower tlement and those, but, for right now, working on the 2017 budget—for the mean interest rate 9 years from now. we are going to somewhat refer to next 9 years. I know that seems like a So only 12 percent of our spending will them as ‘‘mandatory spending.’’ long time, but the average over that be interest coverage. Mr. PERRY. Sure. time—76 percent of all of the spending, Think of that. Interest will be great- Mr. SCHWEIKERT. We could actu- three-quarters of all of the spending—is er than defense in 9 years. Interest will ally break down all of the programs, going to be in those mandatory: the be greater than all discretionary spend- but this is already a little geeky as it formula, the entitlements, the earned ing in 9 years—and substantially so. So is because we are going to be talking benefits. Only 24 percent of the spend- the growth you are going to see here is about numbers that are in the billions ing is going to be in the military or in functionally in Social Security, Medi- and trillions, and people’s eyes glaze other activities of government. care, Medicaid, interest on the debt, over when you talk about that. It As we go back to make that circle and some of the other programs. This means zeros. Yet what is really, really again, why do we fuss with each other is where we are at. important here is understanding the around here? It is about the money You try having a conversation with pattern of what is going on and how when you have someone standing in our constituents and say these are big quickly these numbers are eroding. front of you and he is not talking numbers, they are huge programs. You One of the reasons for this board here about the need to do two things. Now, have got to move away from some of is, as we talk about this Congressional they are big things. One is to dramati- the political folklore. Budget Office report, some of the ero- cally adopt policy that grows the econ- We should actually, as we go through sion in our fiscal situation is because omy. We are not going to make it these—because I have a couple of spots. of our lack of economic growth and of under this current growth rate. This How many times have you been at your our failure to reform, repair, preserve a Obama economy is just killing us. townhall meeting and someone raises lot of these very programs we are talk- Number two, we are going to have to be their hand? Some of the suggestions ing about. honest about the benefits that we pro- they have to save money are wonder- There is this slide here. This is 2026. vide and the formulas underlying them. ful, but they are tiny. Understand, in 9 years, mandatory There may be some creative things we I yield to the gentleman from Penn- spending, earned benefits, and other can do, but as the political class, we sylvania. types of entitlements are going to have have got to stop being terrified to talk Mr. PERRY. They want to cut some- increased over those 9 years 83 percent about it. thing. in spending. What you and I get to vote Mr. PERRY. What are the con- Why do you spend money on—I don’t on of military and other discre- sequences of not doing that? know. They call them Obama funds. Or tionary—the Park Service, the EPA, Mr. SCHWEIKERT. Oh, we are going why do you spend money on foreign education, health, medical research— to get to that slide. aid? If we just cut that, we don’t have that will have grown 22 percent. That Do you plan to live more than 9 to pay for people to hate us. They will is over 10 years. So think of this. What years? hate us for free. It all sounds all well we would consider discretionary will Mr. PERRY. I sure hope so. My kids and good, except you can cut all that grow about what we expect inflation to hope so. completely and—I think you will show be, and that is how it has been budg- Mr. SCHWEIKERT. You are incred- at some point—it won’t make a dent. It eted. It is meant to basically be flat on ibly fit. Understand, I am going to won’t even begin to make a dent.

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00052 Fmt 0688 Sfmt 0634 E:\BR16\H10FE6.001 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1714 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 February 10, 2016 Mr. SCHWEIKERT. Mr. Speaker, portant is because that economic As you know, this last fall, fall of those of us on the right who are more growth is what helps create the jobs 2015, it was to be out of money right conservative—we have our folks who and the trade and the velocity in the now. are guilty of this, and, heaven knows, I economy, and that velocity ends up We bailed it out, but we bailed it out see it from our friends on the left— creating the tax revenues and the reve- in a fairly dodgy fashion. Let’s be bru- where we hold up a shiny object and nues that get paid into Medicare, get tally honest. We reached over into big pretend like this would take care of paid into Social Security, help us pay Social Security, took $114 billion and this fiscal cliff that is no longer very and cover our promises. handed it over here. All we bought was far in the future. It is here. We say, oh, What happens if you keep saying the 5 years of fiscal survivability. if we would just adjust this on foreign check is out the door but you don’t I yield to the gentleman from Penn- aid, we would be fine. Anyone who says have the revenues? That is why it is sylvania. something like that, they don’t own a important to pay attention to what we Mr. PERRY. So you took $114 billion calculator. do in tax policy over this coming year, out of OASI, which is the big Social Se- So the slide next to us right now— what we do in regulatory policy over curity? and the gentleman and I were working this coming year, when we start to We took it out of that and put it into on this earlier today. I thank the gen- take on those factors that grow the disability insurance because disability tleman and his staff for their willing- economy. was going to be bankrupt while we ness to sit there and, shall we say, geek I would think this would be both our stand here today? out with calculators, budgets, and ac- friends from the left, who thought Mr. SCHWEIKERT. Right. Right tuarial tables. somehow we could regulate ourselves now. One of the things that has hap- into prosperity, would see the folly of My calculations are we shortened the pened—about every 3 months, I do one their policies and see it in the numbers life of Social Security’s trust fund by of these presentations. If someone were and be willing to come our direction. about 13 months when we did that. I ever to go back a few years when we Because do they care about saving So- don’t think you voted for it. I don’t did the very first one, parts of these cial Security? Do they care about sav- think I did. I know I didn’t. Now we numbers have actually gotten much ing Medicare? Do they care about sav- have to deal with the realities of what worse. Even though we are supposedly ing Social Security disability? If they that meant. out of the recession and we are sup- truly care, we have got to do some- As we were looking before, what hap- posed to be in a healthier economy, as thing about economic growth. pens when you are not achieving the we keep being told from the other side, I want to switch up a couple of the economic growth that is required? All the fiscal, the financial shape of the boards and just sort of walk through of a sudden, you see numbers like this. country is worse. some of the different numbers here and And this is stunning. When you are How is that possible? have this make more sense. Do you talking about a huge trust fund, this Mr. Speaker, I am going to make the have the table that actually shows the should not be happening. argument that when we do examine change from 2022 to 2018? This is to give you a sense of how what we were telling folks our finan- Remember, the last board I was dramatic the problem is out there in cial situation was in the future, it is showing you that was talking about, this economy. I know we are happy actually much worse. In 2011 we said, hey, here is what happens when we talking. It is an election year and hey, when we finally get to that year miss all these GDP numbers? This is President Obama needs to sort of tell a 2016, we are going to have 3.3 percent why, on occasion, I desperately wish story of how wonderful it is, but it isn’t GDP. Then we had a couple of crazy more of our brothers and sisters around showing up on the map. ones that said, in 2012 and ’13, you are this body would grab a CBO like this So this last August, the trustees of going to be at 41⁄2 or 4.4 percent GDP and actually read it and highlight it Medicare, Medicaid, Social Security— growth. You are going to be blowing and pull out their calculators and look they all do their individual reports. the wheels off. at it again. Yes, you are going to fall The Social Security trustee said inter- Then in 2014, it started to come down. asleep two or three times when you do est income and tax revenues would Well, you are going to be at 3.4 percent it, but you will understand how incred- cover the payments going out the door GDP growth. The problem is that the ibly important some of the policy sets on Social Security until 2022, except latest update on our numbers, we are are we are making here. for the small problem of, somehow be- down to 2.3 percent GDP growth. So we This was just from when the trust tween August and 3 weeks ago when we are half of what we were telling the funds’ actuaries did their report this got this new updated report, it is down public we were going to have just a last summer. We will just go down to to 2018. Now, all of a sudden, Social Se- couple of years ago. the bottom line because that is the curity goes negative, meaning it I yield to the gentleman from Penn- punch line. doesn’t have enough revenues to cover sylvania. I yield to the gentleman from Penn- its obligations. Mr. PERRY. More importantly, for sylvania. So the way we were doing the math this illustration, it is as important Mr. PERRY. Mr. Speaker, would the is, in 20 to 22 months, Social Security that we were telling the public—be- gentleman from Arizona confirm for is going to have to start reaching over cause the CBO projection told us that the audience or explain what OASI and and cash in some of its bonds. We pay it was going to be 4.5, 4.4, but we were DI mean? ourselves 3.1 percent interest in the basing all our estimates on those num- Mr. SCHWEIKERT. When you see washing machine where the general bers. We are basing our estimates on something that says OASI, that means fund has reached over to the Social Se- those numbers, and those numbers ‘‘Old Age, Survivors Insurance.’’ That curity trust fund, taken the money, turned out to be true to the point that is Social Security. That is Social Secu- and loaned it to our debt. it is not even 2.3. It is more like 2.1, rity. This is devastating. If any of you currently. It is even less than that. DI, think of it is as Social Security have ever been in business or finance, Mr. SCHWEIKERT. As you know, the disability. when you start to use up principal, you first quarter of this budget year—be- I yield to the gentleman from Penn- are in real trouble. cause budget years aren’t the same as sylvania. I yield to the gentleman from Penn- calendar years—came in at 0.7. So we Mr. PERRY. You lose your job from sylvania. didn’t even make a full percentage unemployment, but you get hurt and Mr. PERRY. So we lost 4 years. What point of gross domestic product you can’t work? caused losing 4 years? growth. Mr. SCHWEIKERT. A permanent in- Mr. SCHWEIKERT. It is a combina- Once again, this is geeky and people’s jury that changes your ability to sup- tion of economy, growth rate, reaching eyes are glazing over. Why this is im- port yourself. over and taking $114 billion out to

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00053 Fmt 0688 Sfmt 0634 E:\BR16\H10FE6.001 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 1715 shore up Social Security disability, and Mr. SCHWEIKERT. You will be paid 30 percent less what it gets today? our recalculation of what future GDP happy to know that my math is Social Are they still going to see you? Do you is. Security will have been emptied out 2 understand the wall we are going to be Just for the fun of it, can I talk my years before you retire. I mean, it is 14 putting our seniors in? This happens in friend from South Carolina into joining years from now. So these are just crit- 9 years. us, A, because it is always entertaining ical. How many Presidential candidates when you get behind a microphone, I yield to the gentleman from South have you seen or heard talk about this? and, B, you have no hesitation to cor- Carolina. Mr. PERRY. I haven’t seen any talk rect me when I get math wrong. Mr. MULVANEY. Yet it is not our about that. I yield to the gentleman from South generation. It is Mr. BUCK’s generation, Mr. SCHWEIKERT. So now let’s talk Carolina. the gentleman from Colorado, the older about the other trust fund that was in Mr. MULVANEY. Well, anything for generation, the next generation who is the Congressional Budget Office report, fun, Mr. SCHWEIKERT. paying closer attention to it. something we shored up this last fall. Mr. SCHWEIKERT. Mr. Speaker, the Mr. SCHWEIKERT. Mr. Speaker, I You remember how we did it? We gentleman from South Carolina and I am not going there. reached over and grabbed $114 billion have talked about these charts before, Let’s walk through a couple of the out of Social Security, old-age sur- and the reality of this should terrify other trust funds because I know this is vivors, and moved it over to Social Se- people how fast these numbers are really exciting, but this is important. curity disability. eroding. Where is the conversation? This is the 10,000-pound gorilla in the In the discussions around here, peo- Why isn’t it a headline? Why isn’t it on room. So often those of us, as Members ple were happy. They were applauding. business news every night? of Congress, we get behind these micro- I thought we had fixed it for years. Re- If I came to you and said you just phones and we do the shiny object type member there were going to be some lost 4 years of actuarial soundness on a of discussion. reforms and some of these things? Well, trust fund that today is $2.8 trillion, This is it. This is going to decide these numbers are with the reforms you have got to understand the scale what our military capability is because and with the money, and it is gone in we are talking about. it is what we can afford. This is going 58 months. I yield to the gentleman from South to decide what money we have for med- MICK, I am going to make you stand Carolina. ical research and education. This is it. up again because you were one of the Mr. MULVANEY. The real frus- These numbers are incredibly impor- most articulate in talking about the trating thing about it, Mr. tant. If this doesn’t drive us this year scale of reforms we had. Both were SCHWEIKERT, is that the demographic to start moving forward on tax reform, just, in the modern economy, were group that you would hope would be on regulatory reform, things that will there ways we could help our brothers engaged in this topic isn’t. When you start to kick-start economic growth, and sisters who are on Social Security go home and you and I and Mr. PERRY these numbers are devastating. disability move back into at least some talk to our folks back home, who is economic participation and not have b 1900 most interested in Social Security? them hit a cliff where all of a sudden The folks who are already at or near Let’s do a little quick discussion their benefits are cut off. retirement. about Medicare part A. If I came to you It might cost us a little bit for a cou- You have got another graph, by the right now and said: ‘‘Hey, what was so ple years, but in the future it would be- way, that shows who really should be devastating in this Congressional come more sustainable. We didn’t do it. interested in this because you have got Budget Office report? What should have Now we are back on the treadmill the first year outgoing exceeds income, scared you out of your mind?’’, in here again. including interest. On another graph, it basically for the very first time said Mr. MULVANEY. I have got a ques- you show when the trust fund goes to one of the major trust funds is out of tion for you. While we are preparing zero for Social Security. money in the 10-year window. that question, if the young man could The last time I had the CBO run the Mr. PERRY. Ten years. put up the previous graph below, that numbers, it was roughly 2032. In fact, it Mr. SCHWEIKERT. Look at this. If one that shows the status of the Medi- was July of 2032. Why do I remember you plan to be around 9 years from care trust fund. Mr. SCHWEIKERT. It is stunning to this? It is the month that I turn 65 now, Medicare part A, what covers think, in 9 years, Social Security dis- years old. It should be our generation. your hospital, those types of section in ability—— It should be the people in their thir- Medicare, it is gone. The trust fund is Mr. MULVANEY. Put them so we can ties, forties, and fifties who are de- gone. see both of them at the same time, manding that we make this a topic of So all of a sudden now are we willing please. to do what Speaker RYAN has talked conversation, and they don’t. That is stunning. So between 2021 and about for years, premium support, They are not demanding it right now 2025, we are going to have the Social some way to reform the way we price in the Presidential election. They are Security disability fund go broke—— not demanding it in their congressional and cost and the benefits we receive Mr. SCHWEIKERT. Yes. elections. They are more concerned and how we allocate them and price Mr. MULVANEY. And Medicare part about other things that I get the im- theory, you know, sort of thinking like A go broke. portance, as Mr. PERRY does, of na- an economist, but things that make Mr. SCHWEIKERT. Correct. tional defense and immigration. I get sure you get your earned benefit, but Mr. MULVANEY. Last time we fixed all that. we also make it sustainable? the Social Security disability—I am Mr. SCHWEIKERT. How do you and I It is no longer a theoretical conversa- making the air quotations when I say and Mr. PERRY help the public under- tion for decades from now. It is in 9 fixed disability—by robbing from old- stand these numbers in the background years. So if you plan to live for 9 more age retirement. are driving much of our policy here, years, understand, Medicare part A, Where are we going to rob from the much of the fussing here, but yet it is the trust fund, is gone. next time when we have both Medicare not part of the Presidential campaign, In our calculations in our office, it and Social Security disability going and this is no longer about your could be 30 percent cut in what is able bust within a couple of months of each grandkids? This no longer about your to be paid out. How many medical pro- other? kids. It is about you retire—you turn 65 fessionals are willing to see you when Mr. SCHWEIKERT. Look, the ulti- in what year? you come in and say that you need mate driver for all of these trust funds, I yield to the gentleman from South your cataract done, you need a heart for everything around us, would be in- Carolina. valve, you need this and, oh, by the credibly robust economic growth. Math Mr. MULVANEY. 2032. way, the hospital is only going to be problem.

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00054 Fmt 0688 Sfmt 0634 E:\BR16\H10FE6.001 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1716 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 February 10, 2016 Mr. MULVANEY. What are the as- Mr. MULVANEY. No. That is us, ac- Mr. PERRY. Indeed. sumptions on this, by the way? tually. Mr. SCHWEIKERT. We were talking Mr. SCHWEIKERT. Oh, no. We are Mr. SCHWEIKERT. In 2011, this was about earlier that my calculations are working on those tables because it the chart. I just want you to look. that, as of right now today, it is a lit- turns out to be much more com- What is the direction? The trust fund tle under $2.8 trillion of special Treas- plicated. A couple years ago, when we was supposed to grow and grow and ury notes that have been given from were pretending we would hit 2016 and grow up until 2021. the Treasury to the Social Security be at 41⁄2 percent GDP growth, if you There was going to be more money trust fund because that cash has been hit that number and could hold it, we there every year. This is what we were moved over here. were going to be okay. telling ourselves, telling the public, And the revenues that go into Social Mr. MULVANEY. How many times, telling the financial markets just 5 Security are a combination of the years ago. FICA taxes. And would you believe we Mr. SCHWEIKERT, have we held 41⁄2 per- cent growth for, say, a decade? Now take a look when we look at the pay ourselves 3.1 percent interest? Mr. SCHWEIKERT. I don’t think it new budget projection. And understand Mr. MULVANEY. Wow. we went from saying these trust funds Mr. SCHWEIKERT. It took us a while has ever been done, ever. are going to grow. to find that number. Mr. MULVANEY. I think that is a So when you and I first got here, I Mr. MULVANEY. Do we actually pay fair assumption. think the Social Security trust fund that or we assume that? Mr. SCHWEIKERT. In this environ- was supposed to survive to 2038, and Mr. SCHWEIKERT. No. No. Tech- ment, in the fourth quarter of last now we have taken 8 or 9 years off that. nically, we are paying ourselves. So year, which is the first quarter of our This is the new number that just came that is part of the revenue into Social fiscal year, we were at, what, 0.7? out in the report, that, in 22 months, it Security right now and the Medicare Mr. MULVANEY. As this year starts to go negative and we start to trust fund and all the three big trust stands, it looks like now, when they re- dip into the principal balance. funds. We are paying ourselves 3.1 per- vise the last quarter’s numbers, which In 14 years—and you will see that in cent, which is actually greater than a they will do here shortly, 2015 will be the next chart because in the next one 10-year T-bill substantially. the tenth year in a row without 3 per- I take it beyond the 10-year projection Mr. MULVANEY. That is a great in- cent growth in the American economy. because we had to do our own calcula- vestment right now. Yeah. If that turns out to be the case and tions for the final 4 because they only Mr. SCHWEIKERT. So we are actu- we go 10 years without 3 percent give you 10 years when they do the pro- ally paying ourselves a SPIF, and we growth during any of that decade, it jections—in 14 years, the trust fund is are still burning through our cash. will be the first time in the history of gone. That is why this board is up, to show the Nation that that has happened. Look, I know you have talked about you how devastatingly different the Mr. SCHWEIKERT. And then you try how the trust fund works. number is from just this last August, to have the conversation with our Mr. MULVANEY. Yeah. The trust how fast the numbers have moved. friends from the left saying: You don’t fund is actually fairly simple. A lot of But even if we go back to 2011, when think the regulatory state affects us? people think that it doesn’t exist. They we were doing these floor presen- You don’t think raising taxes has think it is a myth. It is real. tations, we thought we were talking slowed down the economy? What it represents is the accumu- 2038. You would have been 65-plus for a There is some actual great lit- lated excess collections that Social Se- few years. erature—and we are working on it for a curity has made over the years. I tell Mr. MULVANEY. Could have been at future presentation—that says, for the people that the last time we really had Mr. BUCK’s age. tax hikes that the President demanded a major overhaul of Social Security Mr. SCHWEIKERT. Yeah. I am not a couple years ago that this body did, was back in the 1980s. going there. for every dollar of new revenues that Ever since then, we have taken more Sorry to the Speaker. We don’t mean came in, a dollar was lost in economic money in every month in Social Secu- to be teasing you. Well, actually, we growth. rity taxes, FICA, than we have paid out do. We are just afraid of it. It got us nothing. It basically slowed in benefits. But this is really important. So if down our economic growth into the fu- So if you take $100 in in a particular there is someone out there, whether ture, ultimately costing us billions. In month and only spend $80, you have $20 you are on the right or the left, and a couple of these programs, if you real- left over. That is the money that goes you actually care about getting your earned benefits, you need to start de- ly lay it out over 30 years, it could be into the trust fund. It is essentially a manding your elected officials to take in the trillions. savings account. Now, when people say, oh, it doesn’t it seriously. Mr. MULVANEY. Mr. SCHWEIKERT, I really exist, you have stolen money Number one is: What are you going see you brought up the graph for the from it, and it is not there, that is not to do to get this economy to grow? Be- Social Security trust fund. Have you true. You can’t keep $20, real paper cause that becomes the most powerful explained what the nature of the trust money, in an account someplace, in a thing to fix these numbers. fund is? desk. That would be foolish. These numbers are rotten and hor- Mr. SCHWEIKERT. No, I haven’t. I What we do is we invest in the only rible because now we are projecting may let you do that. Let me just pitch thing the Social Security Administra- long-term GDP around 2.2, 2.5. When what this one means. tion is allowed to invest in, which is you start looking at numbers in there, In 2011, when I first got here and I U.S. treasuries. There is actually in ex- it doesn’t work. The math just doesn’t started this project in our office, we ac- cess of $2 trillion in the trust fund. work for us. tually set up a little team in our office The trust fund exists. It is in a draw- Mr. MULVANEY. Mr. SCHWEIKERT, we call the ideas shop. We actually er in West Virginia in a building named there is an ad campaign on television grind out these numbers all the time, after Senator Byrd, as most of the right now that speaks to this. I think and we watch them like a hawk. buildings are in West Virginia. It is full it was on during the Super Bowl. We actually do something fun. When of treasuries. It shows a very dramatic bridge scene the trustee reports come out, we sit Mr. SCHWEIKERT. Actually, Gen- and the bridge slowly fades into decay, there with our yellow highlighters and eral Perry and I were talking about and it says: This is what will happen to read them as a group. The amazing that. You don’t mind me calling you our economy. This is what will happen thing is I have almost no staff turn- that, do you? to our infrastructure because of enti- over, which I can’t figure out why they Mr. PERRY. Carry on. tlement spending. stay. Mr. SCHWEIKERT. Our official mili- Some folks don’t like that term, but I hear some of my staff laughing in tary expert. It was helicopters, wasn’t we use it here for Medicare, Medicaid, the background. it? Social Security, and so forth.

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00055 Fmt 0688 Sfmt 0634 E:\BR16\H10FE6.001 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 1717 It says: Demand of the Presidential ever, ever want to get anywhere near assets and opting out. There are a candidates what their plan is to solve these numbers. You fix it long before. whole series of creative things to do. this problem. Call or write your Mem- Because every day we wait, it gets You give some optionality to young ber of Congress and demand what their harder to deal with. Remember, my people. Because those who now are plan is. calculations are that in about 22 going to live in sort of the ‘‘gig’’ econ- I have gotten one call. Have you got- months we start to move into principal omy have the ability to put in 50 cents ten any? balance. We start eating our seed corn. every time they have a transaction or Mr. SCHWEIKERT. Oh, it is amazing. And then, every day, the calculations by using the technology of these super- Mr. MULVANEY. How many people get more difficult. computers we all carry in our pocket. have called your office to say: Mr. Mr. MULVANEY. You talked about Mr. PERRY. Many of your constitu- SCHWEIKERT, what is your plan for fix- how every day we wait, it gets harder ents hear, from time to time, whether ing this? to do. I remember giving a presen- it is the President, people on the other Mr. SCHWEIKERT. I think it is zero. tation similar to this at a retirement side—and, frankly, people on our side— And I have actually had this experience community in my neighborhood. It was say that we are reducing the deficits. and I think Mr. PERRY, my friend from back during one of the first Ryan budg- They hear this. Pennsylvania, had this experience ets when we had actually talked about If they don’t come to your townhall where we have held budget townhalls raising the benefit age slowly by a cou- meeting, they say: Well, the deficit is and we have held well over a hundred ple of months. smaller, right? So that is good. What is in our district over the last couple There was a gentleman there who all this hara-kiri about Social Security years. was in his late fifties. He said: Look, I and debt. What is all the histrionics? We walk through the numbers and don’t want to work another 2 or 3 Mr. SCHWEIKERT. We are going to then have a discussion about it. I have years. I said: Sir, we are not asking you get to that in a second, because you had an individual go to the microphone to do that. He said: What are you ask- have to understand how much the def- and basically use a curse word and then ing me? I said: I am asking you to work icit has gone up this year. We have a say: I don’t care about my grandkids. I an extra month. I am asking me to slide somewhere here that is going to want every dime. work an extra year. I am asking my tell us that. Part of the audience laughed. Part of triplets to work an extra 2, but I am May I ask the Speaker how much the audience was terrified. only asking you to work an extra time I have remaining? Maybe that was a more interesting month. Can’t you do that? He said: Of The SPEAKER pro tempore (Mr. discussion when it really was about course, I can do that. Will that fix BUCK). The gentleman from Arizona your great-grandkids or your grand- things? I said: That will go a long way has 12 minutes remaining. kids or your kids. towards fixing things. Mr. SCHWEIKERT. Let’s actually You have to understand that the ero- He got angry that it was that easy run through these. Let’s use our last 12 sion of these numbers, substantially and nobody had explained it to him. I minutes and get exactly to your point because of the growth of participation, said: You are going to get even angrier. of where we are at and what has been utilization of the benefits, and the hor- If we had done it 20 years ago, it would going on. rible economic growth, is no longer fu- be a week. If we wait another 20 years, I put this one up specially for my ture generations. This is us, particu- you can never fix it. friends who had fussed and wailed and larly you. I didn’t realize you were so Mr. SCHWEIKERT. You no longer complained about this thing called se- old. can say 20 years or a couple of decades. questration and how it was the end of Mr. MULVANEY. It happens. It is 14 years now. the world. Basically, western civiliza- Mr. SCHWEIKERT. Can you see that I am the proud father of an infant. If tion was going to be collapsed to its date on this particular slide? I know you do the calculations, when she knees. you have eagle eyes from flying those reaches her peak earning years, her tax What you see is that the red is se- helicopters. Our number is 2030, 2031. rates will be double what I pay. And questration and the green is discre- Right in there the Social Security that is already done. We have already tionary spending without sequestra- trust fund is gone. done that to our children. tion. If you see the blue bars there, Mr. MULVANEY. And so what hap- You have got to understand the scale that is mandatory spending. That is pens on that date? Mr. PERRY. The only thing you have of what we have done. Doesn’t she have Social Security, Medicare, Medicaid, left to pay is from incoming revenues the right to participate in some of the the new healthcare law, interest on the from taxes. So your benefits are de- same earned benefits that we should debt, and other transfer programs. It creased by that whatever that amount have earned and hopefully will be there explodes off the charts. is at that time. So it probably fluc- because we are going to find a way to If our friends who complained about tuates probably somewhere between 25 fix them? sequestration so much cared, they It is not like the left gets behind tel- and 30 percent. would have talked about mandatory Mr. SCHWEIKERT. In some ways, it evision cameras and screams at us or spending: the entitlements. But if you is actually more complicated, which I puts up television commercials of a look at the differential between that wasn’t going to go there, but let’s do it PAUL RYAN look-alike pushing grand- red and green, it is tiny. The fact of the for the fun of it. ma off the cliff. That is political rhet- matter is, this year and next year it is The Social Security revenues will be oric. They are basically pulling a scam actually gone. subject to the whims of the economy. on you. This is math. Mr. PERRY. I don’t think you can So you might have 1 month where you I know we get folks in—I don’t know completely explain the green part of are able to pay out more and the next if you have ever had them at your sequestration. As you can see, it moves month you are paying out less because townhalls—saying: It doesn’t feel right. above the red line on occasion about of the whims. But I don’t have a feelings button on 2017. You also no longer have the interest my calculator. I have said that over Mr. SCHWEIKERT. Basically, let’s revenue. If I handed you $2.8 trillion and over to try to make the point that look at 2016 and 2017. There is no se- today and paid you 3.1 percent, that is if you want us to protect your retire- questration. We increased our spend- what is going into the trust fund today. ment future, you have got to demand ing. We blew up the sequestration caps That is all gone. The interest revenues that we step up and do it. It can be this last fall and last year. are gone. done by a series of little things. Mr. PERRY. We wanted to spend The reality is that Social Security is more money. b 1915 easy to fix. You can create a little Mr. SCHWEIKERT. So the one thing This is a double whammy we are smorgasbord of policy. Some might be that was holding us back on discre- talking about. That is why you never, aged, some might be folks with certain tionary spending is gone, but under the

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00056 Fmt 0688 Sfmt 0634 E:\BR16\H10FE6.001 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1718 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 February 10, 2016 law, it actually comes back in 2018. So icaid, other welfare programs, So, we are holding a townhall. We get that little tiny differential you see on ObamaCare, interest on the debt. some of the groups that come in and that chart between the red and the Understand that we are incredibly fuss at us and say: Well, I saw some- green is sequestration. lucky. Interest on the debt this year where on some news article that said Mr. MULVANEY. Mr. SCHWEIKERT, was supposed to be somewhere in the you should get rid of subsidies for fossil would you like to wager a guess as to $600 billion range. Our projection for fuels. the likelihood of that reduction stay- the 2016 budget is maybe about $260 bil- First off, it is depreciation, just like ing in law is? lion. We have been really lucky. every business has, but let’s say you Mr. SCHWEIKERT. It has got to en- Mr. PERRY. It is the only benefit of took away that depreciation from the rage us that if you really cared about a weak economy. production of natural gas and oil. You the country, you would have the two Mr. MULVANEY. It is also the ben- took it all away. conversations we are demanding: one, efit of a totally accommodating Fed- If we are borrowing, functionally, $1.5 your willingness to change the Tax eral Reserve, who sets the price of in- billion every single day, and you took Code and the regulatory code—the terest through things like quantitative it all away, it would buy you 12 min- things that help grow the economy— easing, which is nothing more than utes and 41 seconds of borrowing cov- and; two, how are you going to deal printing money. They have unnatu- erage a day. There are 1,440 minutes in with the mandatory spending—the en- rally depressed rates. a day, and you just came up with a way titlements—that are blowing off the Depressed interest rates is nothing to cover 13 minutes. It shows you how charts? more than the cost of money. One of fake many of these rhetorical things Mr. PERRY. But the bigger point of the direct beneficiaries of that has are that we hear from the political this slide, if you will, is that even with been this body. It has been much easier class, particularly the left. sequestration, you can see that, first of for us to run of these huge deficits— Let’s actually take the next step. all, it is not different from the normal which is the annual debt—and the over- What about green energy? Did you program spending. It has absolutely all debt, simply because it is essen- know green energy has three times the nothing to do with the huge portion of tially been free money for the last 6 or subsidies of fossil fuels? spending which is mandatory that 7 years. Let’s say you took every dime of the eclipses everything we do, regardless. Mr. SCHWEIKERT. Mr. MULVANEY, $36.7 million day that green energy Mr. SCHWEIKERT. Mr. MULVANEY would you agree that the cheap money, gets. That buys you almost 35 minutes and I have been having a running con- the artificial liquidity, has kept Con- a day. There are 1,440 minutes in a day. versation about how we put together a gress from doing what it knew it had to We took care of 12 minutes by getting budget for this coming year. One of the do in reforming the entitlement pro- rid of the tax deductions and deprecia- discussions that we have been trying to grams? tion for fossil fuels. You got rid of 35 calculate is, okay, they blew up some Mr. MULVANEY. There is no ques- minutes and 24 seconds if you got rid of of the spending caps last year. It is tion. At $16 trillion of debt, roughly, it all for renewables. what it is. But if they had paid for that which is the public debt now, you are My point is, much of the rhetorical increased spending with reforms in en- talking about interest rates below 2 things we hear from the President, titlements, that is something that goes percent. from our friends on the left, are com- on and on and on and multiplies out Mr. SCHWEIKERT. If you really pletely frauds, mathematically. We into the future. want to get geeky, it is getting shorter have to understand something very, Actually, it does a little bit to help because they are going shorter on what very simple. We are borrowing more our future and save the entitlements. they call the weighted daily average. than half a trillion dollars this year. In It has sort of a multiplier effect be- Mr. MULVANEY. The 40-year rolling 20 months, the debt starts to explode. cause it lives in perpetuity. It is fas- average is about 6 percent. That is b 1930 cinating, because some of us are trying what money ordinarily costs the to pitch that idea of give us a few United States of America. It is about 6 Mr. MULVANEY, when you have actu- things that we know actually have a percent if you look at it over a genera- ally been in front of some of your audi- multiplier effect in the future as a way tional length of time. ences in South Carolina, have you ever to start to deal with these numbers. If we simply regress to the mean and shown them the chart that this year I put this chart up. This is last year. end up with money costing us about 6 and next year were supposed to be the We are going to do this real quickly. I percent, you are talking about more good years? It was supposed to be fairly will have it on the Web site, and I will than $1 trillion a year in just interest flat, and then it explodes. ask both of you if you are willing to do payments. Mr. MULVANEY. Actually, I have it, too. Mr. SCHWEIKERT. It is coming. been showing them that chart since You are at your town hall. You have This goes back to what my friend you and I arrived in 2011 because the a group walking into your office de- from Pennsylvania was commenting number has not changed significantly. manding more money. You have got to on. What do we look like in the year we When you and I arrived and served on understand that happens all day long. are in right now? Functionally, we are the Budget Committee together in 2011, Every 15 minutes, there is another going to be borrowing about $545 bil- we could have told people roughly what meeting of another group that wants lion this year. This was supposed to be the deficit would have been this year. more money. one of the good years. Understand that The projections have not changed. I will get groups that will come in the inflection doesn’t happen until Mr. SCHWEIKERT. And what hap- and say: We want more money. If you 2018, when the debt starts to explode. pened between last August and now would just get rid of foreign aid, we This was one of the good years. that all of a sudden—remember, last will be just fine. Then you pull this Do you understand what $545 billion year, the deficit was about $150 billion board out and say, Okay, you see the is? No one does. That is a lot of zeroes. lower than this, than we are going to little red line there? That is every dime It is $1.493 billion a day. It is $62 mil- run this year. Multiple things hap- of the State Department’s budget. That lion a hour. But, think of this. My fa- pened: is military foreign aid, foreign aid to vorite one is that it is $1 million a We didn’t come close to the economic Israel, humanitarian foreign aid, food minute. It is $17,000 a second. And un- growth we had built and modeled. aid, and all the embassies and their derstand this goes up in 9 years. It ba- The movement of our citizens into staff, and this and that. sically triples. This triples in 9 years. certain programs has been greater than It doesn’t do anything. It is great So, we are borrowing $17,000 a second, expected, and fewer velocity. rhetoric. It is a shiny object. It does and that number triples in 9 years. I We say unemployment is this, but not do anything, unless you are talking threw these together because I figured when we actually look at the actual about Social Security, Medicare, Med- we would have a little bit of fun here. tax revenues coming from it, there is a

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00057 Fmt 0688 Sfmt 0634 E:\BR16\H10FE6.001 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 1719 disconnect. There is something hor- EXECUTIVE COMMUNICATIONS, SW-042-AD; Amendment 39-18365; AD 2016-01- ribly wrong there. So there is some- ETC. 06] (RIN: 2120-AA64) received February 8, 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Added thing wrong in economic growth. Under clause 2 of rule XIV, executive And then we blew up many of the se- by Public Law 104-121, Sec. 251; (110 Stat. communications were taken from the 868); to the Committee on Transportation questration caps last year. Speaker’s table and referred as follows: and Infrastructure. Well, ultimately, we went from, I 4289. A letter from the Management and 4296. A letter from the Management and think we had a $420 billion, $430 billion Program Analyst, FAA, Department of Program Analyst, FAA, Department of deficit last year, which was still stun- Transportation, transmitting the Depart- Transportation, transmitting the Depart- ning, and now we are going to be $545 ment’s final rule — Airworthiness Direc- ment’s final rule — Airworthiness Direc- billion. tives; Airbus Airplanes [Docket No.: FAA- tives; Bombardier, Inc. Airplanes [Docket Look, these are big numbers. It 2015-1429; Directorate Identifier 2014-NM-246- No.: FAA-2015-0081; Directorate Identifier makes your brain hurt. They are un- AD; Amendment 39-18382; AD 2016-02-03] (RIN: 2014-NM-170-AD; Amendment 39-18371; AD 2016-01-12] (RIN: 2120-AA64) received Feb- comfortable. But what you have to ap- 2120-AA64) received February 8, 2016, pursu- ant to 5 U.S.C. 801(a)(1)(A); Added by Public ruary 8, 2016, pursuant to 5 U.S.C. preciate, it is stunning, and it gets dra- Law 104-121, Sec. 251; (110 Stat. 868); to the 801(a)(1)(A); Added by Public Law 104-121, matically worse in 20 months. We hit Committee on Transportation and Infra- Sec. 251; (110 Stat. 868); to the Committee on what was called the inflection. structure. Transportation and Infrastructure. I remember reading about this a dec- 4290. A letter from the Management and 4297. A letter from the Management and ade or two decades ago. It is when the Program Analyst, FAA, Department of Program Analyst, FAA, Department of baby boom population has been moved Transportation, transmitting the Depart- Transportation, transmitting the Depart- in to retirement. And the spiking years ment’s final rule — Airworthiness Direc- ment’s final rule — Airworthiness Direc- tives; Airbus Airplanes [Docket No.: FAA- are moving in, and they are starting to tives; Airbus Airplanes [Docket No.: FAA- 2014-1045; Directorate Identifier 2014-NM-031- 2015-1991; Directorate Identifier 2014-NM-251- receive their earned benefits. Then we AD; Amendment 39-18372; AD 2016-01-13] (RIN: AD; Amendment 39-18381; AD 2016-02-02] (RIN: start adding a couple of hundred billion 2120-AA64) received February 8, 2016, pursu- 2120-AA64) received February 8, 2016, pursu- dollars every year in new borrowing, ant to 5 U.S.C. 801(a)(1)(A); Added by Public ant to 5 U.S.C. 801(a)(1)(A); Added by Public and it blows off the chart. Law 104-121, Sec. 251; (110 Stat. 868); to the Law 104-121, Sec. 251; (110 Stat. 868); to the Mr. Speaker, I yield back the balance Committee on Transportation and Infra- Committee on Transportation and Infra- of my time. structure. structure. 4291. A letter from the Management and 4298. A letter from the Management and f Program Analyst, FAA, Department of Program Analyst, FAA, Department of Transportation, transmitting the Depart- Transportation, transmitting the Depart- MESSAGE FROM THE SENATE ment’s final rule — Airworthiness Direc- ment’s final rule — Airworthiness Direc- tives; Airbus Airplanes [Docket No.: FAA- A message from the Senate by Ms. tives; Bombardier, Inc. Airplanes [Docket No.: FAA-2014-0447; Directorate Identifier 2015-0678; Directorate Identifier 2013-NM-207- Curtis, one of its clerks, announced 2014-NM-019-AD; Amendment 39-18368; AD AD; Amendment 39-18367; AD 2016-01-08] (RIN: that the Senate has passed with an 2016-01-09] (RIN: 2120-AA64) received Feb- 2120-AA64) received February 8, 2016, pursu- amendment in which the concurrence ruary 8, 2016, pursuant to 5 U.S.C. ant to 5 U.S.C. 801(a)(1)(A); Added by Public of the House is requested, a bill of the 801(a)(1)(A); Added by Public Law 104-121, Law 104-121, Sec. 251; (110 Stat. 868); to the House of the following title: Sec. 251; (110 Stat. 868); to the Committee on Committee on Transportation and Infra- structure. H.R. 757. An Act to improve the enforce- Transportation and Infrastructure. 4299. A letter from the Management and ment of sanctions against the Government of 4292. A letter from the Management and Program Analyst, FAA, Department of North Korea, and for other purposes. Program Analyst, FAA, Department of Transportation, transmitting the Depart- Transportation, transmitting the Depart- f ment’s final rule — Airworthiness Direc- ment’s final rule — Airworthiness Direc- tives; Dassault Aviation Airplanes [Docket tives; The Boeing Company Airplanes [Dock- LEAVE OF ABSENCE No.: FAA-2015-2967; Directorate Identifier et No.: FAA-2015-1984; Directorate Identifier 2014-NM-072-AD; Amendment 39-18376; AD 2015-NM-022-AD; Amendment 39-18363; AD By unanimous consent, leave of ab- 2016-01-16] (RIN: 2120-AA64) received Feb- 2016-01-04] (RIN: 2120-AA64) received Feb- sence was granted to: ruary 8, 2016, pursuant to 5 U.S.C. ruary 8, 2016, pursuant to 5 U.S.C. Mr. HUDSON (at the request of Mr. 801(a)(1)(A); Added by Public Law 104-121, 801(a)(1)(A); Added by Public Law 104-121, MCCARTHY) for today on account of ill- Sec. 251; (110 Stat. 868); to the Committee on Sec. 251; (110 Stat. 868); to the Committee on ness. Transportation and Infrastructure. Transportation and Infrastructure. 4293. A letter from the Management and 4300. A letter from the Management and f Program Analyst, FAA, Department of Program Analyst, FAA, Department of Transportation, transmitting the Depart- Transportation, transmitting the Depart- SENATE BILL REFERRED ment’s final rule — Airworthiness Direc- ment’s final rule — Airworthiness Direc- A bill of the Senate of the following tives; The Boeing Company Airplanes [Dock- tives; Airbus Airplanes [Docket No.: FAA- title was taken from the Speaker’s et No.: FAA-2015-1990; Directorate Identifier 2015-8433; Directorate Identifier 2015-NM-194- AD; Amendment 39-18366; AD 2016-01-07] (RIN: table and, under the rule, referred as 2015-NM-027-AD; Amendment 39-18364; AD 2016-01-05] (RIN: 2120-AA64) received Feb- 2120-AA64) received February 8, 2016, pursu- follows: ruary 8, 2016, pursuant to 5 U.S.C. ant to 5 U.S.C. 801(a)(1)(A); Added by Public S. 2109. An Act to direct the Administrator 801(a)(1)(A); Added by Public Law 104-121, Law 104-121, Sec. 251; (110 Stat. 868); to the of the Federal Emergency Management Sec. 251; (110 Stat. 868); to the Committee on Committee on Transportation and Infra- Agency to develop an integrated plan to re- Transportation and Infrastructure. structure. duce administrative costs under the Robert 4294. A letter from the Management and 4301. A letter from the Management and T. Stafford Disaster Relief and Emergency Program Analyst, FAA, Department of Program Analyst, FAA, Department of Assistance Act, and for other purposes; to Transportation, transmitting the Depart- Transportation, transmitting the Depart- the Committee on Transportation and Infra- ment’s final rule — Airworthiness Direc- ment’s final rule — Airworthiness Direc- structure. tives; Airbus Airplanes [Docket No.: FAA- tives; Airbus Airplanes [Docket No.: FAA- 2015-1427; Directorate Identifier 2013-NM-203- 2015-1275; Directorate Identifier 2014-NM-070- f AD; Amendment 39-18380; AD 2016-02-01] (RIN: AD; Amendment 39-18354; AD 2015-26-06] (RIN: 2120-AA64) received February 8, 2016, pursu- 2120-AA64) received February 8, 2016, pursu- ADJOURNMENT ant to 5 U.S.C. 801(a)(1)(A); Added by Public ant to 5 U.S.C. 801(a)(1)(A); Added by Public Mr. SCHWEIKERT. Mr. Speaker, I Law 104-121, Sec. 251; (110 Stat. 868); to the Law 104-121, Sec. 251; (110 Stat. 868); to the move that the House do now adjourn. Committee on Transportation and Infra- Committee on Transportation and Infra- The motion was agreed to; accord- structure. structure. ingly (at 7 o’clock and 31 minutes 4295. A letter from the Management and 4302. A letter from the Management and Program Analyst, FAA, Department of Program Analyst, FAA, Department of p.m.), under its previous order, the Transportation, transmitting the Depart- Transportation, transmitting the Depart- House adjourned until tomorrow, ment’s final rule — Airworthiness Direc- ment’s final rule — Airworthiness Direc- Thursday, February 11, 2016, at 10 a.m. tives; Agusta S.p.A. Helicopters [Docket No.: tives; Airbus Airplanes [Docket No.: FAA- for morning-hour debate. FAA-2015-8695; Directorate Identifier 2015- 2015-1981; Directorate Identifier 2014-NM-204-

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00058 Fmt 0688 Sfmt 0634 E:\BR16\H10FE6.001 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1720 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 February 10, 2016 AD; Amendment 39-18362; AD 2016-01-03] (RIN: for printing and reference to the proper HAM of New Mexico, Mr. YOHO, Mrs. 2120-AA64) received February 8, 2016, pursu- calendar, as follows: BUSTOS, Mr. GOODLATTE, Mr. CLAY, ant to 5 U.S.C. 801(a)(1)(A); Added by Public Mr. BURGESS: Committee on Rules. House Mr. LAMALFA, Mrs. BEATTY, Mr. LUETKEMEYER, Mr. VELA, Mrs. Law 104-121, Sec. 251; (110 Stat. 868); to the Resolution 611. Resolution providing for con- WALORSKI, Mr. WALZ, Mr. ALLEN, Mr. Committee on Transportation and Infra- sideration of the bill (H.R. 2017) to amend the COSTA, Mr. THOMPSON of Pennsyl- structure. Federal Food, Drug, and Cosmetic Act to im- 4303. A letter from the Management and vania, Ms. KAPTUR, Mr. BOST, Mr. prove and clarify certain disclosure require- Program Analyst, FAA, Department of ASHFORD, Mrs. HARTZLER, Mr. POCAN, ments for restaurants and similar retail food Transportation, transmitting the Depart- Mr. ABRAHAM, Mr. HASTINGS, Mr. establishments, and to amend the authority ment’s final rule — Airworthiness Direc- GIBBS, Mr. KIND, Mr. DENHAM, Ms. to bring proceedings under section 403A, and tives; Piper Aircraft, Inc. Airplanes [Docket FUDGE, Mr. SMITH of Missouri, Ms. providing for proceedings during the period No.: FAA-2015-4213; Directorate Identifier GRAHAM, Mr. AUSTIN SCOTT of Geor- from February 15, 2016, through February 22, 2015-CE-022-AD; Amendment 39-18359; AD gia, Mr. HURD of Texas, Mr. NEUGE- 2016 (Rept. 114–421). Referred to the House 2016-01-01] (RIN: 2120-AA64) received Feb- BAUER, Mr. ROE of Tennessee, Mr. Calendar. ruary 8, 2016, pursuant to 5 U.S.C. BISHOP of Michigan, Mrs. MCMORRIS 801(a)(1)(A); Added by Public Law 104-121, f RODGERS, Mr. PEARCE, and Mr. COL- Sec. 251; (110 Stat. 868); to the Committee on PUBLIC BILLS AND RESOLUTIONS LINS of Georgia): Transportation and Infrastructure. H.R. 4520. A bill to posthumously award a 4304. A letter from the Management and Under clause 2 of rule XII, public Congressional gold medal to Justin Smith Program Analyst, FAA, Department of bills and resolutions of the following Morrill, United States Senator of the State Transportation, transmitting the Depart- titles were introduced and severally re- of Vermont, in recognition of his lasting con- ment’s final rule — Airworthiness Direc- ferred, as follows: tributions to higher education opportunity tives; Bombardier, Inc. Airplanes [Docket By Mr. DOLD (for himself and Mr. for all Americans; to the Committee on Fi- No.: FAA-2014-1049; Directorate Identifier VARGAS): nancial Services, and in addition to the Com- 2013-NM-110-AD; Amendment 39-18361; AD H.R. 4514. A bill to authorize State and mittee on House Administration, for a period 2016-01-02] (RIN: 2120-AA64) received Feb- local governments to divest from entities to be subsequently determined by the Speak- ruary 8, 2016, pursuant to 5 U.S.C. that engage in commerce or investment-re- er, in each case for consideration of such pro- 801(a)(1)(A); Added by Public Law 104-121, lated boycott, divestment, or sanctions ac- visions as fall within the jurisdiction of the Sec. 251; (110 Stat. 868); to the Committee on tivities targeting Israel, and for other pur- committee concerned. Transportation and Infrastructure. poses; to the Committee on Financial Serv- By Mr. THOMPSON of California (for 4305. A letter from the Management and ices. himself, Mr. BECERRA, Mr. BENISHEK, Program Analyst, FAA, Department of By Mr. CALVERT (for himself and Mr. Mr. BERA, Mr. BILIRAKIS, Mr. BISHOP Transportation, transmitting the Depart- COOK): of Georgia, Mr. BLUMENAUER, Mr. ment’s final rule — Airworthiness Direc- H.R. 4515. A bill to amend title 18, United BOUSTANY, Mr. BRADY of Pennsyl- tives; Airbus Airplanes [Docket No.: FAA- States Code, to increase the maximum pen- vania, Mr. BRADY of Texas, Ms. 2015-1422; Directorate Identifier 2014-NM-125- alty for mail theft; to the Committee on the BROWNLEY of California, Mr. AD; Amendment 39-18370; AD 2016-01-11] (RIN: Judiciary. BUCHANAN, Mr. CALVERT, Mr. 2120-AA64) received February 8, 2016, pursu- By Mr. JOHNSON of Georgia (for him- CA´ RDENAS, Mr. CARNEY, Mr. ant to 5 U.S.C. 801(a)(1)(A); Added by Public self, Ms. JACKSON LEE, Mr. CICILLINE, CICILLINE, Ms. CLARK of Massachu- Law 104-121, Sec. 251; (110 Stat. 868); to the and Mr. COHEN): setts, Ms. CLARKE of New York, Mr. Committee on Transportation and Infra- H.R. 4516. A bill to require data brokers to CLAY, Mr. COHEN, Mr. COLE, Mr. CON- structure. establish procedures to ensure the accuracy NOLLY, Mr. CONYERS, Mr. COOK, Mr. 4306. A letter from the Management and of collected personal information, and for COOPER, Mr. COSTA, Mr. CRENSHAW, Program Analyst, FAA, Department of other purposes; to the Committee on Energy Mr. CROWLEY, Mrs. DAVIS of Cali- Transportation, transmitting the Depart- and Commerce. fornia, Ms. DEGETTE, Mr. DELANEY, ment’s final rule — Airworthiness Direc- By Mr. JOHNSON of Georgia (for him- Ms. DELAURO, Mr. DENT, Ms. tives; The Boeing Company Airplanes [Dock- self, Mr. BARTON, Mr. CHABOT, Ms. EDWARDS, Ms. ESHOO, Ms. ESTY, Mr. et No.: FAA-2015-1990; Directorate Identifier JACKSON LEE, Mr. CICILLINE, and Mr. FARR, Mr. FATTAH, Mr. FITZPATRICK, 2015-NM-027-AD; Amendment 39-18364; AD COHEN): Mr. GARAMENDI, Mr. GRIJALVA, Mr. 2016-01-05] (RIN: 2120-AA64) received Feb- H.R. 4517. A bill to provide for greater RUPPERSBERGER, Mr. RYAN of Ohio, ruary 8, 2016, pursuant to 5 U.S.C. transparency in and user control over the Ms. SCHAKOWSKY, Mr. SCHIFF, Mr. 801(a)(1)(A); Added by Public Law 104-121, treatment of data collected by mobile appli- DAVID SCOTT of Georgia, Mr. SES- Sec. 251; (110 Stat. 868); to the Committee on cations and to enhance the security of such SIONS, Ms. SEWELL of Alabama, Mr. Transportation and Infrastructure. data; to the Committee on Energy and Com- SHIMKUS, Ms. SINEMA, Mr. SIRES, Ms. 4307. A letter from the Management and merce. SLAUGHTER, Ms. SPEIER, Mr. Program Analyst, FAA, Department of By Mr. EMMER of Minnesota (for him- SWALWELL of California, Mr. TAKANO, Transportation, transmitting the Depart- self, Mrs. LOVE, Mr. MULVANEY, and Mr. TIBERI, Ms. TITUS, Mr. TONKO, ment’s final rule — Airworthiness Direc- Mr. WILLIAMS): Mr. VARGAS, Mr. WALZ, Ms. MAXINE tives; Fokker Services B.V. Airplanes [Dock- H.R. 4518. A bill to amend the Internal Rev- WATERS of California, Mr. WESTMORE- et No.: FAA-2015-1982; Directorate Identifier enue Code of 1986 to lower the corporate rate LAND, Ms. WILSON of Florida, Mr. 2014-NM-108-AD; Amendment 39-18353; AD of income tax to the OECD average, and for YOUNG of Alaska, Mr. CAPUANO, Mr. 2015-26-05] (RIN: 2120-AA64) received Feb- other purposes; to the Committee on Ways CARSON of Indiana, Mr. DOGGETT, Mr. ruary 8, 2016, pursuant to 5 U.S.C. and Means. MICHAEL F. DOYLE of Pennsylvania, 801(a)(1)(A); Added by Public Law 104-121, By Mr. GRAYSON: Mr. ENGEL, Ms. GABBARD, Mr. GRAY- Sec. 251; (110 Stat. 868); to the Committee on H.R. 4519. A bill to amend title 10, United SON, Mr. HECK of Washington, Mr. Transportation and Infrastructure. States Code, to provide a five-year extension HIMES, Mr. KEATING, Mr. KENNEDY, 4308. A letter from the Management and of the special survivor indemnity allowance Mr. KILMER, Ms. KUSTER, Mr. LEVIN, Program Analyst, FAA, Department of provided to widows and widowers of deceased Mr. LEWIS, Mrs. LOWEY, Mr. NEAL, Transportation, transmitting the Depart- members of the uniformed services affected Mr. HASTINGS, Mr. HONDA, Mr. ment’s final rule — Airworthiness Direc- by required Survivor Benefit Plan annuity HUFFMAN, Mr. HUNTER, Mr. ISRAEL, tives; Airbus Airplanes [Docket No.: FAA- offset for dependency and indemnity com- Mr. JOHNSON of Georgia, Ms. EDDIE 2015-0937; Directorate Identifier 2014-NM-024- pensation received under section 1311(a) of BERNICE JOHNSON of Texas, Ms. KAP- AD; Amendment 39-18348; AD 2015-25-10] (RIN: title 38, United States Code; to the Com- TUR, Mr. KING of New York, Mr. 2120-AA64) received February 8, 2016, pursu- mittee on Armed Services. LAMALFA, Mr. LANGEVIN, Mr. LARSON ant to 5 U.S.C. 801(a)(1)(A); Added by Public By Mr. NEWHOUSE (for himself, Mr. of Connecticut, Mr. LATTA, Ms. LEE, Law 104-121, Sec. 251; (110 Stat. 868); to the PETERSON, Mr. CONAWAY, Mr. MILLER Mr. LOBIONDO, Ms. LOFGREN, Mr. Committee on Transportation and Infra- of Florida, Mr. MCGOVERN, Mr. KELLY LOWENTHAL, Mr. BEN RAY LUJA´ N of structure. of Mississippi, Mr. WELCH, Mr. ROD- New Mexico, Ms. MICHELLE LUJAN f NEY DAVIS of Illinois, Ms. KUSTER, GRISHAM of New Mexico, Mrs. CARO- REPORTS OF COMMITTEES ON Mr. GIBSON, Mr. DAVID SCOTT of Geor- LYN B. MALONEY of New York, Ms. PUBLIC BILLS AND RESOLUTIONS gia, Mr. ROUZER, Ms. DELBENE, Mr. MATSUI, Ms. MCCOLLUM, Mr. LUCAS, Mr. NOLAN, Ms. JENKINS of MCDERMOTT, Mr. MCNERNEY, Mr. Under clause 2 of rule XIII, reports of Kansas, Ms. SLAUGHTER, Mr. MEEHAN, Ms. MENG, Ms. MOORE, Mr. committees were delivered to the Clerk BENISHEK, Ms. MICHELLE LUJAN GRIS- MURPHY of Florida, Mrs. NAPOLITANO,

VerDate Sep 11 2014 09:32 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00059 Fmt 0688 Sfmt 0634 E:\BR16\H10FE6.001 H10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 CONGRESSIONAL RECORD—HOUSE, Vol. 162, Pt. 2 1721 Mr. NOLAN, Mr. NUNES, Mr. Mr. TAKANO, and Mr. JOHNSON of tives, the following statements are sub- O’ROURKE, Mr. PASCRELL, Mr. PERL- Georgia): mitted regarding the specific powers MUTTER, Ms. PINGREE, Mr. POCAN, Mr. H.R. 4526. A bill to amend the Restore On- granted to Congress in the Constitu- POE of Texas, Mr. POLIS, Mr. RANGEL, line Shoppers’ Confidence Act to protect con- tion to enact the accompanying bill or Ms. ROYBAL-ALLARD, Mr. PRICE of sumers from deceptive practices with respect North Carolina, Mr. RUIZ, Ms. LINDA to online booking of hotel reservations and joint resolution. T. SA´ NCHEZ of California, Mr. SHER- to direct the Federal Trade Commission to By Mr. DOLD: MAN, Mr. VAN HOLLEN, Mr. VEASEY, conduct a study with respect to online shop- H.R. 4514. Mr. VELA, Ms. VELA´ ZQUEZ, Mr. YAR- ping for hotel reservations, and for other Congress has the power to enact this legis- MUTH, Ms. BONAMICI, Ms. DELBENE, purposes; to the Committee on Energy and lation pursuant to the following: Ms. BASS, Ms. JUDY CHU of California, Commerce. Article I, Section 8, Clause 3 Ms. HAHN, Mr. HIGGINS, Mr. KIND, Mr. By Mr. KILMER (for himself and Mr. By Mr. CALVERT: H.R. 4515. MCGOVERN, Mr. PETERS, Mr. PETER- RUSSELL): Congress has the power to enact this legis- SON, Mr. SMITH of Washington, Mr. H.R. 4527. A bill to temporarily authorize lation pursuant to the following: VISCLOSKY, Ms. WASSERMAN SCHULTZ, recently retired members of the armed forces The constitutional authority of Congress Mr. WELCH, Mrs. CAPPS, Mr. DEFAZIO, to be appointed to certain civil service posi- to enact this legislation is provided by Arti- Mr. KILDEE, Mrs. BEATTY, Mr. CUM- tions, require the Secretary of Defense to cle I, section 8 of the United States Constitu- MINGS, Mr. DANNY K. DAVIS of Illi- issue certain notifications, and for other pur- tion, specifically clause 18 (relating to the nois, Mr. DEUTCH, Ms. FRANKEL of poses; to the Committee on Armed Services, power to make all laws necessary and proper Florida, Mr. HOYER, Ms. JACKSON and in addition to the Committee on Over- for carrying out the powers vested in Con- LEE, and Mr. THOMPSON of Mis- sight and Government Reform, for a period gress). sissippi): to be subsequently determined by the Speak- By Mr. JOHNSON of Georgia: H.R. 4521. A bill to transfer recreational er, in each case for consideration of such pro- H.R. 4516. management authority for Lake Berryessa visions as fall within the jurisdiction of the Congress has the power to enact this legis- in the State of California from the Bureau of committee concerned. lation pursuant to the following: Reclamation to the Bureau of Land Manage- By Mr. TED LIEU of California (for Article 1, Section 8. ment, and for other purposes; to the Com- himself, Mr. FARENTHOLD, Ms. By Mr. JOHNSON of Georgia: mittee on Natural Resources. DELBENE, and Mr. BISHOP of Michi- H.R. 4517. By Ms. ROS-LEHTINEN (for herself, gan): Congress has the power to enact this legis- Mr. MEADOWS, Mr. WEBER of Texas, H.R. 4528. A bill to preempt State data se- lation pursuant to the following: Mr. HUELSKAMP, Mr. SALMON, Mr. curity vulnerability mandates and Article 1, Section 8. CHABOT, Mr. MCCAUL, Mr. MICA, Mr. decryption requirements; to the Committee By Mr. EMMER of Minnesota: CRENSHAW, Mr. KLINE, Mr. KINZINGER on the Judiciary, and in addition to the H.R. 4518. of Illinois, Mr. ZELDIN, Mr. Committee on Energy and Commerce, for a Congress has the power to enact this legis- SCHWEIKERT, and Mr. YOHO): period to be subsequently determined by the lation pursuant to the following: H.R. 4522. A bill to amend the Anti-Ter- Speaker, in each case for consideration of Clause 1, Section 8 of Article 1 of the rorism Act of 1987 with respect to certain such provisions as fall within the jurisdic- United States Constitution which reads: prohibitions regarding the Palestine Libera- tion of the committee concerned. ‘‘The Congress shall have Power to lay and tion Organization under that Act; to the By Mr. MURPHY of Florida: collect Taxes, Duties, Imposts, and Excises, Committee on Foreign Affairs. H.R. 4529. A bill to amend title II of the So- to pay the Debts, and provide for the com- By Mr. COFFMAN (for himself, Mr. cial Security Act to provide for an annual in- mon Defense and General Welfare of the DEFAZIO, Mr. POLIS, and Mr. ROHR- crease in the contribution and benefit base, United States; but all Duties and Imposts ABACHER): to exclude a certain number of childcare and Excises shall be uniform throughout the H.R. 4523. A bill to repeal the Military Se- years from the benefit computation formula, United States.’’ lective Service Act, and thereby terminate and for other purposes; to the Committee on By Mr. GRAYSON: the registration requirements of such Act Ways and Means. H.R. 4519. and eliminate civilian local boards, civilian By Mr. POLIS (for himself and Mr. Congress has the power to enact this legis- appeal boards, and similar local agencies of AMODEI): lation pursuant to the following: the Selective Service System; to the Com- H.R. 4530. A bill to implement integrity Clause 3 of Section 8 of Article I of the mittee on Armed Services. measures to strengthen the EB-5 Regional Constitution By Mr. CROWLEY (for himself and Ms. Center Program in order to promote and re- By Mr. NEWHOUSE: FRANKEL of Florida): form foreign capital investment and job cre- H.R. 4520. H.R. 4524. A bill to amend the Social Secu- ation in American communities; to the Com- Congress has the power to enact this legis- rity Act to provide for mandatory funding, mittee on the Judiciary. lation pursuant to the following: to ensure that the families that have infants By Mr. SABLAN: Article 1, Section 8, Clause 18 and toddlers, have a family income of not H.R. 4531. A bill to approve an agreement By Mr. THOMPSON of California: H.R. 4521. more than 200 percent of the applicable Fed- between the United States and the Republic Congress has the power to enact this legis- eral poverty guideline, and need child care of Palau, and for other purposes; to the Com- lation pursuant to the following: have access to high-quality infant and tod- mittee on Natural Resources, and in addition Article I Sec I dler child care by the end of fiscal year 2026, to the Committee on Foreign Affairs, for a By Ms. ROS-LEHTINEN: and for other purposes; to the Committee on period to be subsequently determined by the H.R. 4522. Ways and Means, and in addition to the Com- Speaker, in each case for consideration of Congress has the power to enact this legis- mittee on Education and the Workforce, for such provisions as fall within the jurisdic- lation pursuant to the following: a period to be subsequently determined by tion of the committee concerned. Article I, Section 8 of the Constitution the Speaker, in each case for consideration By Mr. STEWART (for himself, Mrs. By Mr. COFFMAN: of such provisions as fall within the jurisdic- LOVE, Mr. CHAFFETZ, and Mr. BISHOP H.R. 4523. tion of the committee concerned. of Utah): Congress has the power to enact this legis- By Ms. DELAURO: H. Con. Res. 114. Concurrent resolution ex- lation pursuant to the following: H.R. 4525. A bill to make a supplemental pressing concern over the disappearance of The constitutional authority of Congress appropriation for the Public Health Emer- David Sneddon, and for other purposes; to to enact this legislation is provided by Arti- gency Fund, and for other purposes; to the the Committee on Foreign Affairs, and in ad- cle I, Section 8 of the United States Con- Committee on Appropriations, and in addi- dition to the Committee on Intelligence stitution (Clauses 12, 13, 14, 16, and 18), which tion to the Committee on the Budget, for a (Permanent Select), for a period to be subse- grants Congress the power to raise and sup- period to be subsequently determined by the quently determined by the Speaker, in each port an Army; to provide and maintain a Speaker, in each case for consideration of case for consideration of such provisions as Navy; to make rules for the government and such provisions as fall within the jurisdic- fall within the jurisdiction of the committee regulation of the land and naval forces; to tion of the committee concerned. concerned. provide for organizing, arming, and dis- By Ms. FRANKEL of Florida (for her- f ciplining the militia; and to make all laws self, Ms. ROS-LEHTINEN, Mr. SHUSTER, necessary and proper for carrying out the Mr. DEUTCH, Mrs. MIMI WALTERS of CONSTITUTIONAL AUTHORITY foregoing powers. California, Mr. MURPHY of Florida, STATEMENT By Mr. CROWLEY: Ms. CASTOR of Florida, Mr. HECK of H.R. 4524. Nevada, Mr. HASTINGS, Mr. MILLER of Pursuant to clause 7 of rule XII of Congress has the power to enact this legis- Florida, Mr. POLIQUIN, Mr. QUIGLEY, the Rules of the House of Representa- lation pursuant to the following:

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Article I, Section 8 of the U.S. Constitu- H.R. 2144: Mr. PEARCE. H.R. 4247: Mr. GROTHMAN. tion H.R. 2148: Mr. LAMALFA, Mr. ALLEN, and H.R. 4262: Mr. TOM PRICE of Georgia. By Ms. DELAURO: Mr. CHABOT. H.R. 4263: Mr. QUIGLEY. H.R. 4525. H.R. 2228: Mr. COHEN. H.R. 4266: Ms. BORDALLO and Mr. NORCROSS. Congress has the power to enact this legis- H.R. 2236: Mr. CONYERS. H.R. 4281: Mr. COSTA. lation pursuant to the following: H.R. 2300: Mr. COLLINS of Georgia. H.R. 4320: Mrs. LOWEY. Article I, Section 9, Clause 7 and Article I, H.R. 2330: Mr. OLSON. H.R. 4336: Mr. GOODLATTE and Mr. ROUZER. Section 8, Clause 1 H.R. 2400: Mr. TROTT. H.R. 4342: Mr. ALLEN. By Ms. FRANKEL of Florida: H.R. 2411. Mrs. BEATTY. H.R. 4344: Mr. MCCLINTOCK. H.R. 4526. H.R. 2418: Mr. REED. H.R. 4352: Mr. ASHFORD, Ms. STEFANIK, Mr. Congress has the power to enact this legis- H.R. 2449: Mr. GUTIE´ RREZ, Ms. BROWNLEY of CARNEY, and Mr. KILMER. lation pursuant to the following: California, and Ms. SLAUGHTER. H.R. 4355: Ms. JACKSON LEE. Article I, Section 8, Clauses 3 and 18 of the H.R. 2515: Mrs. COMSTOCK, Mr. MULLIN, H.R. 4364: Mr. MCGOVERN. U.S. Constitution, respectively giving Con- Mrs. NAPOLITANO, and Mr. WEBSTER of Flor- H.R. 4365: Mr. PETERSON and Mr. gress the authority to regulate interstate ida. FITZPATRICK. commerce and to make all laws neccessary H.R. 2631: Mr. BRAT. H.R. 4380: Mr. POCAN. and proper for carrying into execution the H.R. 2680: Ms. DUCKWORTH and Mr. MURPHY H.R. 4400: Ms. PLASKETT, Mr. FATTAH, and powers of Congress. of Florida. Mr. RANGEL. By Mr. KILMER: H.R. 2698: Mr. PEARCE. H.R. 4420: Mr. RENACCI, Mr. TOM PRICE of H.R. 4527. H.R. 2715: Mr. HASTINGS and Mr. Georgia, Mr. GOWDY, and Mr. ASHFORD. Congress has the power to enact this legis- GARAMENDI. H.R. 4428: Mr. JODY B. HICE of Georgia. lation pursuant to the following: H.R. 2737: Mr. MILLER of Florida and Mr. H.R. 4430: Mr. LOBIONDO, Mr. TED LIEU of Article 1, Section 8 of the United States PALLONE. California, Ms. NORTON, Mr. CICILLINE, Ms. Constitution. H.R. 2802: Mr. CHABOT. JENKINS of Kansas, Mr. SEAN PATRICK MALO- By Mr. TED LIEU of California: H.R. 2823: Ms. MENG. NEY of New York, Mr. RODNEY DAVIS of Illi- H.R. 4528. H.R. 2992: Mr. CONAWAY, Mr. UPTON, Mr. nois, Mrs. WAGNER, Mr. MCNERNEY, and Mr. Congress has the power to enact this legis- WILSON of South Carolina, Mr. PEARCE, Mr. MCGOVERN. lation pursuant to the following: YODER, and Mr. MARCHANT. H.R. 4435: Mrs. NAPOLITANO, Ms. SCHA- Article 1, Section 8, Clause 3 of the U.S. H.R. 3099: Mr. ROE of Tennessee, Ms. KOWSKY, and Ms. CASTOR of Florida. Constitution STEFANIK, and Mr. COURTNEY. H.R. 4436: Mr. JOLLY. By Mr. MURPHY of Florida: H.R. 3142: Mr. SCHIFF and Mr. GARAMENDI. H.R. 4438: Mr. TAKANO. H.R. 4529. H.R. 3180: Mr. REED, Miss RICE of New H.R. 4442: Mr. HINOJOSA and Mr. POLIS. Congress has the power to enact this legis- York, and Mr. KILMER. H.R. 4446: Mr. QUIGLEY, Mr. MURPHY of lation pursuant to the following: H.R. 3229: Mr. POCAN. Florida, Mr. COSTELLO of Pennsylvania, Mr. The General Welfare Clause of Article 1, H.R. 3283: Mr. WALBERG. PIERLUISI, Mr. BUCHANAN, and Mr. WILLIAMS. Section 8, of the U.S. Constitution. H.R. 3323: Mr. FITZPATRICK. H.R. 4447: Ms. BORDALLO and Ms. CLARK of By Mr. POLIS: H.R. 3326: Ms. CLARK of Massachusetts. Massachusetts. H.R. 4530. H.R. 3355: Mr. HOLDING. H.R. 4461: Mrs. ROBY. Congress has the power to enact this legis- H.R. 3365: Mr. NORCROSS and Mr. SWALWELL H.R. 4470: Ms. LINDA T. SA´ NCHEZ of Cali- lation pursuant to the following: of California. fornia, Mr. ELLISON, Mrs. LOWEY, Mr. MUR- Article I, Section 8 of the United States H.R. 3381: Mr. SARBANES, Mr. WALBERG, and PHY of Florida, Ms. FRANKEL of Florida, Mr. Constitution Mr. FORTENBERRY. SCOTT of Virginia, and Mr. PASCRELL. By Mr. SABLAN: H.R. 3406: Ms. DELBENE, Ms. EDDIE BERNICE H.R. 4475: Mr. MCNERNEY. H.R. 4531. JOHNSON of Texas, and Mr. MEEKS. H.R. 4502: Mr. DUNCAN of Tennessee, Mr. Congress has the power to enact this legis- H.R. 3516: Mr. LATTA. WILSON of South Carolina, and Mr. lation pursuant to the following: H.R. 3635: Mrs. LAWRENCE. FLEISCHMANN. Under Article I, section 8 of the Constitu- H.R. 3706: Mrs. WAGNER, Mr. GIBSON, and H.J. Res. 9: Mr. NEWHOUSE. tion. Mr. NADLER. H. Con. Res. 50: Mrs. ELLMERS of North f H.R. 3782: Mr. MCNERNEY. Carolina. H.R. 3805: Ms. PINGREE. H. Con. Res. 75: Mr. BABIN, Mr. WILSON of ADDITIONAL SPONSORS H.R. 3880: Mr. LATTA. South Carolina, and Mr. HECK of Nevada. Under clause 7 of rule XII, sponsors H.R. 3892: Mr. POSEY, Mr. JOYCE, and Mr. H. Con. Res. 89: Mr. LATTA and Mr. SMITH of Texas. BUCSHON. were added to public bills and resolu- H.R. 3913: Mr. GARAMENDI, Ms. JACKSON H. Con. Res. 101: Mr. YOUNG of Iowa. tions, as follows: LEE, Mr. GRAYSON, Mr. GRIJALVA, and Mr. H. Con. Res. 105: Mr. ROGERS of Kentucky. H.R. 27: Mr. THORNBERRY. DEFAZIO. H. Con. Res. 110: Mr. VEASEY. H.R. 188: Mrs. BUSTOS and Mr. BEN RAY H.R. 3917: Mr. LAMBORN, Mr. SCHRADER, Mr. H. Res. 148: Mr. ENGEL and Mr. ROSKAM. LUJA´ N of New Mexico. ISRAEL, Mr. GUTIE´ RREZ, Mr. PRICE of North H. Res. 318: Mr. VEASEY. H.R. 191: Mr. FLORES and Mr. ROSS. Carolina, Ms. BONAMICI, Mr. RYAN of Ohio, H. Res. 454: Mr. GOHMERT. H.R. 267: Mr. POE of Texas. Mr. WENSTRUP, and Mrs. BEATTY. H. Res. 548: Mrs. CAROLYN B. MALONEY of H.R. 347: Mr. PEARCE. H.R. 3920: Mr. COLE. New York. H.R. 467: Ms. KUSTER. H.R. 3947: Mr. SWALWELL of California. H. Res. 569: Mr. NOLAN. H.R. 662: Mr. FITZPATRICK and Mr. H.R. 3948: Mr. GUTIE´ RREZ, Ms. NORTON, and H. Res. 571: Mr. GIBSON, Mr. LAMBORN, Ms. HULTGREN. Mr. SWALWELL of California. GRANGER, and Mr. KELLY of Mississippi. H.R. 699: Mrs. NAPOLITANO. H.R. 3949: Ms. PLASKETT. H. Res. 582: Mrs. BLACK, Mr. MESSER, and H.R. 700: Ms. DEGETTE and Mr. KENNEDY. H.R. 3952: Mr. GROTHMAN and Mr. POCAN. Mr. ROE of Tennessee. H.R. 745: Mr. DEUTCH. H.R. 3956: Mr. RANGEL and Mrs. ROBY. H. Res. 588: Mr. JODY B. HICE of Georgia, H.R. 814: Mr. MCCAUL and Mr. LAMALFA. H.R. 3970: Mr. CONYERS. Mrs. BLACKBURN, and Mr. BABIN. H.R. 845: Mr. ROE of Tennessee. H.R. 3986: Mr. TAKANO. H. Res. 593: Mr. MCNERNEY and Ms. JUDY H.R. 863: Mr. REED. H.R. 4007: Mr. CHABOT. CHU of California. H.R. 921: Mr. BUCHANAN. H.R. 4013: Mr. POCAN. H. Res. 597: Mr. VEASEY. H.R. 939: Mr. MCNERNEY. H.R. 4076: Ms. CLARK of Massachusetts. H. Res. 610: Mr. SWALWELL of California, H.R. 1062: Mr. KIND. H.R. 4087: Mr. JOLLY. Mr. MCGOVERN, Mr. NORCROSS, Mr. AL GREEN H.R. 1142: Mrs. TORRES. H.R. 4126: Mr. FORBES and Mr. OLSON. of Texas, and Mr. DESAULNIER. H.R. 1193: Mrs. BEATTY. H.R. 4137: Ms. JACKSON LEE. f H.R. 1284: Ms. KAPTUR. H.R. 4144: Mr. SWALWELL of California. H.R. 1391: Mr. DEFAZIO. H.R. 4176: Mr. PASCRELL. CONGRESSIONAL EARMARKS, LIM- H.R. 1397: Mr. BISHOP of Georgia. H.R. 4184: Mr. LANGEVIN. ITED TAX BENEFITS, OR LIM- H.R. 1475: Mr. NOLAN. H.R. 4212: Mr. WELCH and Mr. HUFFMAN. ITED TARIFF BENEFITS H.R. 1552: Mr. CICILLINE. H.R. 4219: Mr. LONG. H.R. 1608: Mr. DONOVAN and Mr. PITTENGER. H.R. 4229: Ms. JENKINS of Kansas and Ms. Under clause 9 of rule XXI, lists or H.R. 1736: Mrs. WAGNER. NORTON. statements on congressional earmarks, H.R. 1769: Mr. RODNEY DAVIS of Illinois. H.R. 4235: Mr. TAKANO and Ms. WASSERMAN limited tax benefits, or limited tariff H.R. 1887: Mr. KIND. SCHULTZ. benefits were submitted as follows:

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OFFERED BY MRS. MCMORRIS RODGERS sure Act of 2015, by Representative MCMOR- marks, limited tax benefits, or limited tariff The Manager’s amendment to be offered to RIS RODGERS of Washington, or a designee, benefits as defined in clause 9 of rule XXI. H.R. 2017, Common Sense Nutrition Disclo- does not contain any congressional ear-

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STANDING TOGETHER Today’s refugees too are knocking on the Mr. Campion was a measured leader navi- door of ‘‘the land of the free and the home of gating an often chaotic environment. During the brave.’’ The Syrian ones, the most vul- his tenure, he oversaw expansion in ferry, bus HON. E. SCOTT RIGELL nerable, are heroically escaping their geno- OF VIRGINIA cidal regime. They too are in displaced per- and rail services, labor negotiations, a seismic IN THE HOUSE OF REPRESENTATIVES sons camps with their children’s bodies retrofit of the Golden Gate Bridge, and other washed ashore on European beaches. How transportation modernization efforts. He is re- Wednesday, February 10, 2016 can we remain silent? Those allowed to enter membered by staff as a genuine, thoughtful Mr. RIGELL. Mr. Speaker, I rise today to following a most careful vetting process, will leader dedicated to improving services for submit a statement on behalf of my con- become along with their progeny, patriotic residents and visitors across the Bay Area. stituent, Rabbi Dr. Israel Zoberman. Rabbi and tax-paying Americans. Steve Jobs’ bio- Mr. Campion’s leadership has impacted Zoberman is the Founding Rabbi of Congrega- logical father was a Syrian immigrant. Refu- countless lives throughout our region, with ef- gees and immigrants keep alive the Amer- tion Beth Chaverim in Virginia Beach, Virginia. ican dream for us all, ensuring that America fects that can still be felt today, more than 15 Rabbi Zoberman asked me to submit the fol- may ever be a blessing. years after his retirement. It is therefore appro- lowing remarks: We reassure our dear Muslim neighbors, priate that we pay tribute to Mr. Campion Our one God of life’s precious blessings in colleagues, and friends, which we unre- today and express our deepest condolences a precarious world who created us to be one servedly appreciate their indispensable con- to his surviving wife, Kathryn, six children, 21 family, gloriously diverse and gratefully tributions without which we would be dimin- grandchildren, and nine great-grandchildren. united, so movingly manifest in our beloved ished. Barbaric ISIS targets them too and Hampton Roads and in this our Standing To- they fight it with fellow Americans. We all f gether for our sake as well as Heaven’s. stand together in the ark of survival with a I am proudly holding my Jewish people’s shared future and fate. Indeed, we mutually CONGRATULATING DAN FOUST, most sacred possession, the Torah Scroll. and joyfully are our sisters and brothers’ SR. FOR HIS LIFETIME DISTIN- keepers. We cannot be separated. Let us be This one from Brno, Czech Republic, has ac- GUISHED SERVICE AWARD quired an added dimension of the sacred. A mindful of the danger of poisonous dema- survivor of the Shoah, Holocaust, number 526 goguery to our enviable American democ- of the Czech Memorial Scrolls, it lost its racy and inclusive way of life, as well as to HON. BLAINE LUETKEMEYER original congregation and community in the our ethical standing. Words and lives do OF MISSOURI matter. Words and lives are inextricably Kingdom of the Night. Hatred of the ‘‘other’’ IN THE HOUSE OF REPRESENTATIVES consumed eleven million innocent lives of connected. Jews and Gentiles. The towering Torah’s Let us reaffirm in this grand gathering the Wednesday, February 10, 2016 teachings of loving-kindness, is the very infinite value of each and every one of us. Both our differences and commonalities are Mr. LUETKEMEYER. Mr. Speaker, I rise foundation of the three great monotheistic today to honor a constituent of mine, Mr. Dan religions—Judaism, Christianity, and Islam. precious to our common Creator. They Joined by the three great Eastern religions should be the same for us. Finally, let us Foust, Sr. He is receiving the 2015 Lifetime they have served as humanity’s conscience pledge to never ever abandon our deepest Distinguished Service Award in the Cultural and civilization’s journey forward. mooring and most sacred proposition that category from the Greater St. Charles County We are taught in the Torah’s inerasable God’s divinity and human dignity are indi- Chamber of Commerce. lessons begrudged by humanity’s enemies, visible. Shalom, Salaam, Peace. Mr. Foust has been a lifelong dedicated vol- burning the Torah and its people that each f unteer in the community. His membership with human being is equally though uniquely cre- HONORING CARNEY CAMPION the St. Charles Lions Club started over twen- ated in the Divine image, that we should ty-seven years ago. During his time as a love our neighbors as we love ourselves. We are reminded time and again that we, who member he was instrumental in establishing HON. JARED HUFFMAN and completing the McNair Park Braille Trail. were rejected and enslaved in Pharaoh’s OF CALIFORNIA Egypt, ought to embrace the stranger, name- In 2001, Mr. Foust, branched off from the St. IN THE HOUSE OF REPRESENTATIVES ly the ‘‘other’’ and the refugee, as members Charles Lions club and chartered the First of God’s family and our own. Wednesday, February 10, 2016 Capitol Lions club. From his many years of The Exodus’ soaring saga of liberation up- Mr. HUFFMAN. Mr. Speaker, I rise to recog- service during his time as a Lions member, lifted Dr. King—whose celebration we just nize Carney Campion, who passed away in Mr. Foust has received the highest honor a observed—to remind America to live up to the Pilgrims’ vision of fleeing refugees, San Rafael, California, in December of last Lions member can—the Melvin Jones Fellow- walking in the shoes of the Biblical year. An executive with the Golden Gate ship award. Israelites while yearning for a new land free Bridge Highway and Transportation District for The German Chapter of the St. Charles Sis- from the persecution of the ‘‘other.’’ Free- over two decades, Mr. Campion was a de- ter Cities has benefited from Mr. Foust’s mem- dom of and from religion has allowed Amer- voted civil servant, a respected and accessible bership for over twenty years. His fundraising ica to flourish like no other nation, immeas- manager, and an ardent advocate for improv- efforts have allowed the St. Charles Sister Cit- urably benefitting from the greatest human ing public transit. ies to expand the number of student ex- diversity anywhere. Diversity is divine. A lifelong Californian, Mr. Campion was changes from two students to four. This club We must remember the Jewish refugees, including so many children, fleeing Nazism, born in Santa Rosa in 1928, and graduated allows students from Germany and Ireland to who were denied entry to these promising from UC Berkeley in 1950 with a degree in experience life in the St. Charles area. shores. In 1939, the SS St. Louis ship, with Personnel and Public Administration. He held Through this program students are able to fos- its desperate human cargo from Hamburg, management roles with the Redwood Region ter mutual understanding, friendship, and Germany, was tragically turned away. I ad- Conservation Council and the Redwood Em- goodwill through cultural, social, business, and dress you from the midst of the children in pire Association before joining the Golden educational exchanges. Europe’s Displaced Persons Camps following Gate Bridge District. In 1998, at the age of 70, In 2011, Mr. Foust started his Chairmanship World War II and the Holocaust. There I he retired from his general manager role, a position of the St. Charles Oktoberfest Fes- spent my formative early childhood, there my family along with a multitude of up- position he held for 15 years. Following his re- tival. Under his leadership, this event has rooted survivors and homeless refugees on tirement, he remained active throughout Marin grown to over 100,000 attendees annually. the run, gradually learned to believe again in County, including with the Marin County Cul- This festival brings in funds to various groups human goodness and renew our trust in God tural Services Commission and the Marin in the area: First Capitol Lions Club, St. Peters after such heavy genocidal losses. County Fair. Lions Club, Lake St. Louis Lions Club,

● 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 09:33 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR16\E10FE6.000 E10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 EXTENSIONS OF REMARKS, Vol. 162, Pt. 2 1725 Jonesburg Lions Club, Sister Cities of St. OUR UNCONSCIONABLE NATIONAL served as Chairman of the St. Charles County Charles, the St. Charles Jaycees, and many DEBT Convention Center and Sports Facilities for 3 more groups. years. In addition to those office positions, Other areas that Mr. Foust has served in- HON. MIKE COFFMAN Don has served as President of the St. clude: a twenty-five year membership with the OF COLORADO Charles Rotary, St. Peters Rotary, and United Services. He has held board positions with St. Charles Parks Foundation, a twenty year IN THE HOUSE OF REPRESENTATIVES membership with the St. Charles Raccoon Crime Stoppers and the Academy of the Sa- Conservation Club, and serving in local gov- Wednesday, February 10, 2016 cred Heart Golf Outing Committee. ernment for sixteen years. He also served as Mr. COFFMAN. Mr. Speaker, on January His volunteering spirit also positively affects a former director of the St. Charles County 20, 2009, the day President Obama took of- the Boys & Girls Club of St. Charles and the Municipal League. fice, the national debt was Child Welfare Allocation Panel for the United Mr. Foust enjoys time with his wife of thirty- $10,626,877,048,913.08. Way where he has served as a board mem- six years, Carla and his four children—Carrie, Today, it is $19,000,235,912,585.65. We’ve ber. The River City Rascals benefited from his Dan Jr., Justin, and Jason. His world is made added $8,373,358,863,672.57 to our debt in 7 leadership where he was a Limited Partner brighter by his 16 grandchildren and will wel- years. This is over $8 trillion in debt our na- from 1997–2006. come his first great-grandchild in June of this tion, our economy, and our children could For 33 years, Don and his wife, Jennie, year. have avoided with a balanced budget amend- have enjoyed life together in the St. Charles I ask you to join me in recognizing Mr. Dan ment. area. Foust, Sr. on this Lifetime Distinguished Serv- f I ask you to join me in recognizing Mr. Don ice Award in the Cultural category from the Boschert, Jr. on this 2015 Citizen of the Year Greater St. Charles County Chamber of Com- PERSONAL EXPLANATION award from the Greater St. Charles County merce. Chamber of Commerce.

f HON. GENE GREEN f OF TEXAS CONGRATULATING JOSHUA IN THE HOUSE OF REPRESENTATIVES CONGRATULATING ZACH MOORE GILMER ON HIS ACCEPTANCE TO Wednesday, February 10, 2016 ON HIS SELECTION TO THE HIGH THE U.S. DEPARTMENT OF SCHOOL HONORS PERFORMANCE STATE’S CRITICAL LANGUAGE Mr. GENE GREEN of Texas. Mr. Speaker, SERIES SCHOLARSHIP AWARD 2015 SUM- I rise today to state that I was unable to vote MER PROGRAM on Tuesday, February 9, 2016 due to commu- nity events held that evening in our district in HON. BILLY LONG HON. BILLY LONG Houston and Harris County, Texas. OF MISSOURI If I had the opportunity to vote, I would have IN THE HOUSE OF REPRESENTATIVES OF MISSOURI voted ‘‘Yea’’ on H.R. 3036, legislation to des- IN THE HOUSE OF REPRESENTATIVES ignate the National September 11 Memorial lo- Wednesday, February 10, 2016 Wednesday, February 10, 2016 cated at the World Trade Center in New York Mr. LONG. Mr. Speaker, I rise today to con- City, New York, as a national memorial. Mr. LONG. Mr. Speaker, I rise today to con- gratulate Zach Moore, a senior trombone play- gratulate University of Missouri student Joshua f er at Glendale High School in Springfield, Mis- Gilmer on his acceptance to, and completion souri, on being selected to perform in the High of, the U.S. Department of State’s Critical Lan- CONGRATULATING DON BOSCHERT, School Honors Performance Series at Car- guage Scholarship award (CLS) 2015 summer JR. FOR HIS LIFETIME DISTIN- negie Hall in New York City. program. GUISHED SERVICE AWARD Starting in 2009, The High School Honors Joshua, a graduate of Nixa High School in Performance Series was established to show- Nixa, Missouri, was one of just 550 out of HON. BLAINE LUETKEMEYER case the most talented high school performers in the country. To be considered for inclusion about 5,500 applicants to be selected to re- OF MISSOURI ceive admittance to the CLS program this in this series, Moore underwent a competitive IN THE HOUSE OF REPRESENTATIVES year. This scholarship is a prestigious award, application process which required a written which offers a fully immersive language expe- Wednesday, February 10, 2016 recommendation from an instructor and his rience and cultural exchange to 13 countries Mr. LUETKEMEYER. Mr. Speaker, I rise submitting an audition tape. The various dif- around the world. The program is aimed at today to honor a constituent of mine, Mr. Don ferent ensembles on display at the series are training the next generation of U.S. Citizens to Boschert, Jr. He is receiving the 2015 Citizen conducted by renowned conductors, who will gain an enriched cultural knowledge of other of the Year Award from the Greater St. challenge Zach to perform to the best of his countries and to be well equipped for careers Charles County Chamber of Commerce. abilities. in diplomacy, international business, and other Mr. Boschert has called St. Charles County Zach has assembled a truly admirable body globalized industries. home his entire life. Since 1978, he has been of work playing the trombone, earning a Bass Through the program, Joshua completed an an Investment Representative with Edward Trombone slot in the All-State Orchestra this Intermediate Russian language course in Jones in St. Charles. year as well as first chair trombone honors in Vladimir, Russia. His time overseas was spent During Mr. Boschert’s time with Edward the All-District Honor Band. He has played fostering not only his language skills, but his Jones, he has been recognized as a leader with the U.S. Army All-American Marching knowledge of and ability to relate to Russian and was therefore named Regional Leader of Band at the halftime show of the U.S. Army culture. In the rapidly globalizing world, a cul- St. Charles and Lincoln Counties from 1998 All-American Bowl, a testament to his ability to tural understanding of other countries is a key through 2004, and from 2001 through 2004, perform at a high level in front of a large audi- to continued American success in foreign af- he served as a General Partner. Under his ence. Zach has been described as an incred- fairs. leadership, Edward Jones was able to expand ibly hard worker who is both dedicated to his Mr. Speaker, Joshua Gilmer is now well- from 19 branch offices to 50 branch offices. art and exceptionally talented. equipped with this new knowledge to broaden Mr. Boschert currently serves as a limited Mr. Speaker, Zach Moore deserves our con- the horizons of his peers here in the U.S. I am Partner for Edward Jones along with working gratulations on his selection to the High proud to know that young people like Joshua with his son, Greg, in the heart of St. Charles. School Honors Performance Series. I urge my from Missouri’s Seventh Congressional District The commitment that Mr. Boschert shows to colleagues to join me in extending congratula- will one day help guide America’s global eco- the projects and programs of the chamber tions to Zach on his achievements, which nomic interests, and urge my colleagues to continue to make the organization stronger. In make him an example of the outstanding tal- join me in congratulating him on this achieve- 1991, he served as President of the St. ent Missouri’s Seventh Congressional District ment. Charles Chamber of Commerce and also has to offer.

VerDate Sep 11 2014 09:33 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR16\E10FE6.000 E10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1726 EXTENSIONS OF REMARKS, Vol. 162, Pt. 2 February 10, 2016 RECOGNIZING MS. NICOLE wings to the building to accommodate a library dents have the supplies they need for the STEINER and computer labs to better educate their stu- school year ahead. Annually, Steve and Patri- dents. Today, St. Mary’s School has all the cia hold a back-to-school cookout that in- HON. KEN BUCK new forms of technology to help a new gen- cludes donating backpacks filled with school OF COLORADO eration of students get excited about learning. supplies for children in their neighborhood. Mr. Speaker, for the past 130 years, St. IN THE HOUSE OF REPRESENTATIVES On Thursday, February 11, 2016, Steve will Mary’s School’s curriculum may have be recognized as the 2015 Kraft Heinz Hero, Wednesday, February 10, 2016 changed, but their ideals and their high edu- an award which is given to the Kraft Heinz Mr. BUCK. Mr. Speaker, I rise today to rec- cational standards have always remained the employee who demonstrates upstanding val- ognize Ms. Nicole Steiner for being selected same. With small class sizes, teachers are as one of Colorado’s top two youth volunteers able to give important individual attention to ues and community excellence. Over 40,000 in the 21st Annual National Awards Program ensure every student can excel. The school’s employees worldwide were eligible to be nomi- by The Prudential Spirit of Community motto, ‘‘Education with a Plus,’’ speaks vol- nated for this award, and I am proud to recog- Awards. She was selected for this honor be- umes to their dedication to math and the nize Steve for receiving this prestigious honor. cause of her exceptional acts of volunteerism. sciences, as well as the moral teachings that Steve Watson is a beloved pillar in the Suf- Ms. Steiner is a senior at Legend High comes along with a Catholic education. I want folk community. When he is not manning the School in Parker, Colorado. To date, she has to commend all the teachers and staff of St. Bar-b-que, Steve can be found cooking and raised over $40,000 worth of games, puzzles, Mary’s School on all the success they have serving meals at his church for those in need, and books for a variety of organizations and had over the past century in shaping the assisting the elderly with maintenance and individuals. In 2014 she founded ‘‘A Game for young minds of Berkshire County. I wish them home repairs and donating his time and You’’, which collects games, puzzles, and all the best with their future endeavors. money to wherever community help is needed. books that are donated to various organiza- tions. Over 5,500 individuals have received a f I salute Steve and Patricia for their efforts to gift because of her efforts. It is the ingenuity give back to the students and families of Suf- and hard work Ms. Steiner embodies daily that CONGRATULATING DONNA folk and commend Steve on receiving this tre- makes America exceptional. She has shown GASTREICH FOR HER LIFETIME mendous award. true leadership in her community. DISTINGUISHED SERVICE AWARD As the recipient of this award, Ms. Steiner f will receive a $1,000 stipend, engraved medal- HON. BLAINE LUETKEMEYER TRIBUTE TO PETER PELLETT lions, and a trip to Washington, D.C. On be- OF MISSOURI half of the 4th Congressional District of Colo- IN THE HOUSE OF REPRESENTATIVES rado, I extend my best wishes to Ms. Steiner. Wednesday, February 10, 2016 Mr. Speaker, it is an honor to recognize Ms. HON. DAVID YOUNG Nicole Steiner for her accomplishments. Mr. LUETKEMEYER. Mr. Speaker, I rise OF IOWA today to honor a constituent of mine, Ms. f Donna Gastreich. She is receiving the 2015 IN THE HOUSE OF REPRESENTATIVES Chamber Champion Award from the Greater Wednesday, February 10, 2016 IN RECOGNITION OF ST. MARY’S St. Charles County Chamber of Commerce. SCHOOL Ms. Gastreich is a pivotal part of the cham- Mr. YOUNG of Iowa. Mr. Speaker, I rise ber by the way she passionately serves the today to recognize and congratulate Peter HON. RICHARD E. NEAL community. In the past several years, Ms. Pellett of Atlantic, Iowa for achieving the rank OF MASSACHUSETTS Gastreich has worked with various commit- of Eagle Scout. Peter is a member of Boy IN THE HOUSE OF REPRESENTATIVES tees: Tech Communications and the Ambas- Scout Troop 366, Omaha, Nebraska and the sadors. She is also involved with the annual Wednesday, February 10, 2016 Soaring Eagle District of the Mid-America Golf Tournament. Council. Mr. NEAL. Mr. Speaker, I want to take this Her commitment to planning Santa’s North opportunity to recognize St. Mary’s School in Pole Dash, the annual 5K run, is evident from The Eagle Scout designation is the highest Lee, Massachusetts on their 130th anniver- her willingness to visit the businesses on Main advancement rank in scouting. Only about five sary. Since its inception, the hard work of the Street that will be affected by the race. Once percent of Boy Scouts earn the Eagle Scout teachers and students has made St. Mary’s Ms. Gastreich has gathered the necessary in- Award. The award is a performance-based School a model of success in the region. formation, she reports to staff so appropriate achievement with high standards that have In the mid-1880s, Jane Sedgwick, a mem- modifications can be made for the race day. been well-maintained over the past century. ber of a wealthy family in Stockbridge, Massa- Ms. Gastreich is a positive voice for the cham- To earn the Eagle Scout rank, a Boy Scout chusetts, wanted to open a parochial school in ber and the programs they provide. is obligated to pass specific tests that are or- Western Massachusetts after a massive influx I ask you to join me in recognizing Ms. ganized by requirements and merit badges, as of Irish immigrants into the area. After 25 Donna Gastreich on this 2015 Chamber well as completing an Eagle Project to benefit years of work and determination, Pope Leo Champion Award from the Greater St. Charles the community. Peter’s Eagle Project was re- XIII finally gave Jane his personal blessing to County Chamber of Commerce. habilitating the infield for the Benson Little building the school that would be affiliated with League Park in Omaha, Nebraska. The work f St. Mary’s Church in Lee. Five years later, the ethic Peter has shown in his Eagle Project school was built and they welcomed nuns and every other project leading up to his from St. Joseph’s of Chambery, France to HONORING STEVE WATSON AS THE 2015 KRAFT HEINZ HERO Eagle Scout rank speaks volumes of his com- teach students grades 1 through 8. mitment to serving a cause greater than him- For 72 years, the old school located on self and assisting his community. Academy Street served the parish of St. HON. J. RANDY FORBES Mr. Speaker, the example set by this young Mary’s until a boom in the population of Lee OF VIRGINIA man demonstrates the rewards of hard work, following World War II. The pastor at St. IN THE HOUSE OF REPRESENTATIVES Mary’s Church at the time, Father Jeremiah dedication, and perseverance. I am honored to Murphy, labored tirelessly to get the funds Wednesday, February 10, 2016 represent Peter in the United States Con- needed to ensure they could build a big Mr. FORBES. Mr. Speaker, I rise today to gress. I ask that my colleagues in the United enough building for all the students. In 1957, recognize Steve Watson of Suffolk, Virginia. States House of Representatives join me in all of Father Murphy’s dreams came together For the past five years, Steve—a 31-year em- congratulating him on obtaining the Eagle and a new school was constructed just up the ployee of the Planter’s peanut plant in Suf- Scout ranking, and in wishing him nothing but road from where the old school stood. Since folk—and his wife Patricia have selflessly led continued success in his future education and then, the current building has added new an effort to help ensure nearly 100 local stu- career.

VerDate Sep 11 2014 09:33 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR16\E10FE6.000 E10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD February 10, 2016 EXTENSIONS OF REMARKS, Vol. 162, Pt. 2 1727 CONGRATULATING MERLE SCHNEI- IN RECOGNITION OF THE LIFE OF The dedication to preserving the historical DER FOR HIS LIFETIME DISTIN- MRS. KAY BEARD aspect of Main Street St. Charles continues to GUISHED SERVICE AWARD this day. Mr. Schilling successfully modifies HON. DEBBIE DINGELL historic buildings on Historic Main Street for HON. BLAINE LUETKEMEYER OF MICHIGAN modern business purposes. The projects he OF MISSOURI IN THE HOUSE OF REPRESENTATIVES has spearheaded have shown the importance IN THE HOUSE OF REPRESENTATIVES Wednesday, February 10, 2016 of supporting the maintenance of these his- Wednesday, February 10, 2016 toric structures. Mrs. DINGELL. Mr. Speaker, I rise today to One of Mr. Schilling’s recent projects is his Mr. LUETKEMEYER. Mr. Speaker, I rise recognize Mrs. Kay Beard for her lifetime of purchase and renovation of the old Post Office today to honor a constituent of mine, Mr. distinguished service to our county and our located on South Main Street. This 10,000 Merle Schneider. He is receiving the Lifetime state. Kay’s commitment to our community square foot office space will allow regional Distinguished Service Award in the Humani- has enriched the lives of so many and helped startups with affordable workspace for men- tarian category from the Greater St. Charles guide many of today’s leaders in our region to- tors, potential investors, programming, edu- County Chamber of Commerce. wards greater success. cation resources, and a community of local Mr. Schneider is well known for his enter- Kay was born in Detroit in 1921 and had a entrepreneurs. taining style of auctioneering and emceeing for reputation as a proud and feisty Irish Amer- As a native of St. Charles, Mr. Schilling has charity events in the St. Louis area. His self- ican. In 1946, Kay married the late Jerry witnessed where St. Charles began and where taught auctioneering skills have benefited nu- Beard after he returned from World War II and it is going. He graduated in 1985 from the Uni- merous organizations for their trivia nights, together, they raised five children. With her versity of Missouri with a major in Electrical dinner auctions, and most recently for events strong focus on family and community, Kay Engineering. Once he completed his under- honoring our veterans. became more involved in politics joining Citi- graduate degree, he received his MBA in 1989 For the past 30 years, during the Christmas zens for Educational Freedom and eventually from the University of Illinois in Springfield, IL. season, Mr. Schneider plays the part of Santa running unsuccessfully for State Representa- I ask you to join me in recognizing Mr. and brings joy to many children as he hands tive. Undeterred, Kay kept at it and in 1978 Randy Schilling on this Lifetime Distinguished out candy canes and teddy bears. Santa was appointed to the Wayne County Commis- Service Award in the Civic category from the Merle also annually appears at events for sion where she was then elected to fifteen Greater St. Charles County Chamber of Com- Toys for Tots, St. Louis Crisis Nursery, and consecutive terms, until her retirement in merce. also provides opportunities for photos with 2008. During that time, Kay developed a rep- f children while listening to their Christmas utation as an outspoken force to be reckoned wishes. Numerous organizations have bene- with in Wayne County Government. She cared RECOGNIZING TAIWAN’S PEACE fited from Mr. Schneider’s emcee skills, St. deeply about serving the constituents of her INITIATIVE ROADMAP Jude Children’s Research Hospital, the district, and did so with distinction for thirty Duchesne High School Foresight Dinner Auc- years. HON. SCOTT DesJARLAIS tion, Foodbank of St. Louis, Volunteers in Kay was a beloved mother of five, grand- OF TENNESSEE Medicine, and Giant Steps for Autism. mother of three, sister, and a loving wife to IN THE HOUSE OF REPRESENTATIVES I ask you to join me in recognizing Mr. her late husband Jerry. Kay was deeply in- Merle Schneider on this Lifetime Distinguished volved in a wide array of community initiatives Wednesday, February 10, 2016 Service Award in the Humanitarian category including the United Way Community Services Mr. DESJARLAIS. Mr. Speaker, I rise today from the Greater St. Charles County Chamber Board, the Blue Cross Senior Advisory Coun- to recognize the efforts that our close partner of Commerce. cil, the National Council for School-to-Work and ally Taiwan has made in support of peace f Opportunities, and was a founding member of and stability in the Asia-Pacific region. Hospices of Michigan, just to name a few. She Last year, Taiwan President Ma Ying-jeou RECOGNIZING MS. RILEY did this work because it was good for the HOLCOMB proposed the South China Sea Peace Initia- community and in doing so; she set an exam- tive, reiterating their government’s long- ple for what it meant to be a committed public standing position of shelving disputes and pro- HON. KEN BUCK servant of the highest order. moting joint resource development in these OF COLORADO Mr. Speaker, I ask my colleagues to join me contested waters. On January 28, 2016, Presi- IN THE HOUSE OF REPRESENTATIVES today to honor Mrs. Kay Beard for her lifetime dent Ma further proposed ‘‘the South China Wednesday, February 10, 2016 of service to our community. I considered her Sea Peace Initiative Roadmap’’ during his visit Mr. BUCK. Mr. Speaker, I rise today to rec- a friend and a role model, and while her serv- to Taiping Island in the Spratly of the South ognize Ms. Riley Holcomb for being selected ice to us will be remembered, her loss will be China Sea. The content of the Peace Initiative as one of Colorado’s Distinguished Finalists in felt for a long time to come. Roadmap is stated as below: the 21st Annual National Awards Program by f ‘‘1. ‘‘Yes’’ to cooperation, ‘‘no’’ to confronta- The Prudential Spirit of Community Awards. CONGRATULATING RANDY SCHIL- tion: A cooperation and development mecha- She was selected for this honor due to her ex- LING FOR HIS LIFETIME DISTIN- nism that contributes to peace and prosperity ceptional acts of volunteerism. GUISHED SERVICE AWARD in the South China Sea should first be estab- Ms. Holcomb is a seventh-grade student at lished, and sovereignty disputes should be set Altona Middle School in Longmont, Colorado. HON. BLAINE LUETKEMEYER aside for future resolution through peaceful She was originally inspired to make a dif- means. OF MISSOURI ference when her aunt passed away from kid- 2. ‘‘Yes’’ to sharing, ‘‘no’’ to monopolizing: A IN THE HOUSE OF REPRESENTATIVES ney cancer. Over the past four years, Ms. Hol- cooperation and development mechanism comb founded a Relay for Life team which has Wednesday, February 10, 2016 should ensure equal participation and re- raised over $18,000 for the American Cancer Mr. LUETKEMEYER. Mr. Speaker, I rise source sharing among all parties concerned in Society. It is the ingenuity and hard work Ms. today to honor a constituent of mine, Mr. the region in order to avoid undermining the Holcomb embodies daily that makes America Randy Schilling. He is receiving the Lifetime rights and interests of any party. exceptional. She has shown true leadership in Distinguished Service Award in the Civic cat- 3. ‘‘Yes’’ to pragmatism, ‘‘no’’ to intran- her community. egory from the Greater St. Charles County sigence: The initial focus should be on as- As the recipient of this award, she will re- Chamber of Commerce. pects which are beneficial to all parties con- ceive an engraved bronze medallion. On be- Mr. Schilling started his commitment to revi- cerned and on which consensus can be easily half of the 4th Congressional District of Colo- talizing Main Street St. Charles in 1992. As achieved; various cooperation items should be rado, I extend my best wishes to Ms. Hol- founder of Quilogy, Randy made the decision pragmatically and gradually promoted so as to comb. to set up his business on South Main and also avoid missing out on cooperation opportunities Mr. Speaker, it is an honor to recognize Ms. purchase five additional buildings on South as a result of any party insisting on its posi- Riley Holcomb for her accomplishments. Main which he ended up renovating. tion.

VerDate Sep 11 2014 09:33 Apr 08, 2020 Jkt 059102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR16\E10FE6.000 E10FE6 rmajette on DSKBCKNHB2PROD with BOUND RECORD 1728 EXTENSIONS OF REMARKS, Vol. 162, Pt. 2 February 10, 2016 The viable path consists of shelving dis- serve South Lake County’s business commu- COMMEMORATING THE 125TH ANNI- putes, integrated planning, and zonal develop- nity and enterprises is evident from their his- VERSARY OF ST. JOSEPH CATHO- ment. The two essential elaborations are: tory and recognition. I commend them for their LIC CHURCH IN PENSACOLA, First, all parties concerned in the region many achievements and I am pleased to con- FLORIDA should be included in the consultation mecha- gratulate them on the celebration of their 20th nism for this initiative so that they can engage anniversary. My sincerest wishes and con- HON. JEFF MILLER in cooperation and negotiations on integrated gratulations to Mr. San Fratello and his family OF FLORIDA planning for the South China Sea. Second, the on his retirement. IN THE HOUSE OF REPRESENTATIVES cooperation and consultation mechanism pro- Wednesday, February 10, 2016 posed in this initiative should be a provisional f arrangement of a practical nature, and should Mr. MILLER of Florida. Mr. Speaker, I rise not undermine the position of any party con- KEEPING AMERICA STRONG IN to commemorate the 125th anniversary of the cerned or jeopardize or hamper the reaching THE WESTERN PACIFIC historic St. Joseph Catholic Church in Pensa- of a final agreement on the South China Sea.’’ cola, Florida. St. Joseph parish of Pensacola traces its The Taiwan government has reaffirmed its roots back to 1891, as an outgrowth of St. Mi- commitment to uphold the freedom of naviga- HON. GREGORIO KILILI CAMACHO chael the Archangel Catholic Church and to tion and overflight, and has actively worked to SABLAN the pastorship of Reverend Robert Fullerton. promote peace and prosperity throughout the OF THE NORTHERN MARIANA ISLANDS Although it was founded as the first African- South China Sea region. I urge my colleagues IN THE HOUSE OF REPRESENTATIVES American church in the Diocese of Mobile, St. to join me in working with our Taiwanese part- Joseph Catholic Church cared not only for the ners to promote our common interests and Wednesday, February 10, 2016 religious needs of the Pensacola African- find a viable path to maintain peace and sta- American community, but the church also bility in the South China Sea. Mr. SABLAN. Mr. Speaker, today, I am in- troducing legislation to approve a 15-year ex- served individuals from diverse backgrounds f tension of the United States’ Compact of Free who wished to worship at the church. Whether Association with the Republic of Palau. in its original two-story wooden building or its current Gothic Revival style structure adorned RECOGNIZING THE 20TH ANNIVER- President Ronald Reagan, recognizing the with stained-glass windows and completed in SARY OF THE SOUTH LAKE importance of the Western Pacific to U.S. se- 1894, the multi-cultural parish family has been CHAMBER OF COMMERCE AND curity interests, first negotiated the Compact blessed by the Word of God for 125 years. THE RETIREMENT OF RAY SAN with Palau. President Reagan’s prescience of FRATELLO During that time, the church underwent the need to maintain strategic denial to the structural and pastoral changes, operated military of other nations in the land, air, and Maryall Negro Missions and four mission HON. DANIEL WEBSTER sea of Palau—an area the size of Texas—is chapels, Our Lady of Fatima Mission School, OF FLORIDA apparent now more than ever. a grammar school, at one point the only IN THE HOUSE OF REPRESENTATIVES Yet we in Congress have failed to maintain Catholic African-American high school in the Wednesday, February 10, 2016 the commitment that President Reagan estab- state of Florida, St. Joseph orphanage that lished with Palau. The 1986 Compact provided opened its doors to homeless African-Amer- Mr. WEBSTER of Florida. Mr. Speaker, it is for annual economic assistance. In 2010, the ican boys, and Our Lady of Angels Maternity my pleasure to recognize the 20th anniversary U.S. and Palau agreed to an extension of this Hospital for African-American women, as well of the South Lake Chamber of Commerce, Compact assistance and agreed that funding as St. Joseph Cemetery. Today St. Joseph’s and the retirement of Ray San Fratello. On should gradually taper off over the succeeding ministry continues to care for the Pensacola December 31, 2015, Mr. San Fratello retired 15 years. In 2012, Chairman Donald Manzullo community through the Our Lady of Angels as President of South Lake Chamber of Com- of the Subcommittee on Asia and the Pacific Free Clinic, which serves the homeless and merce. introduced the necessary legislation to ap- needy individuals throughout the area; the Mr. San Fratello has led the South Lake prove the extension. Hearings and markup Caring and Sharing Outreach, which provides Chamber of Commerce for the past 12 years were held, but no further action ensued. food and clothing; and the St. Joseph Soup after 13 years with the Genesee County Kitchen, which serves free meals to the home- Chamber of Commerce in upstate New York. It is true that Congress has continued to provide financial assistance to Palau per the less. Under his leadership, the South Lake Cham- One constant thread throughout its storied ber of Commerce has experienced tremen- terms of the extension agreement—but only on an installment basis, year-by-year. No long- history, however, is the parish’s strong faith in dous growth with the largest membership in God. It is through their strength and that of the Lake County. He has received much recogni- term commitment to our ally has been forth- coming. Yet, the Republic of Palau continues local community, guided by the Holy Spirit, tion for his efforts including the 2013 Florida that the church has not only stayed together, Association of Chamber Professionals, Cham- to send its citizens to serve in the U.S. Armed Forces. Palau votes with the United States in but has also grown strong through hardship. ber Professional of the Year. Whether faced with the Jim Crow laws or the During the past century, the South Lake the United Nations 95 percent of the time. And Palau’s keystone geographic position in the natural disasters like Hurricane Ivan, which Chamber of Commerce has been through devastated the entire Gulf Coast in 2004, many phases of growth and change to create defensive ‘‘second island chain’’ in the West- ern Pacific has not altered. nothing could tear apart the bonds of this the longstanding history and tradition of suc- community. When faced with adversity, the cessful business organization. Formed more Our failure to follow through on a negotiated congregation continually emerged stronger than 20 years ago, the South Lake Chamber’s agreement with a key ally not only leaves and remains today as a pillar in the Northwest footprint has expanded to Clermont, Minneola, Palau uncertain about America’s commitment. Florida community, full of humility and com- Groveland, Mascotte, Monteverde, and Four It leaves any nation that receives an assur- passion—the characteristics exhibited by its Corners. The original Board of Trade, estab- ance from the United States wondering wheth- namesake thousands of years ago. lished in 1895, created a new vision of com- er America is good for its word. Mr. Speaker, it is my privilege to honor St. munity and business development for South So, it is time to renew the effort here in Joseph Catholic Church of Pensacola, its Lake County. One century later in 1995, the Congress to affirm the alliance that President leadership and its congregants for 125 years Clermont-Minneola and Groveland-Mascotte Reagan began. The legislation I am intro- of faithful service to God. For over a century Chambers united for the betterment of South ducing approves the extension of the Compact St. Joseph’s has been an integral part of the Lake. Today, after 20 years, the South Lake of Free Association with the Republic of Pensacola community, my wife Vicki and I Chamber of Commerce continues to foster a Palau. This legislation will help maintain the thank them for their dedication to the people spirit of cooperation and progress among the American presence that we acquired at great of Northwest Florida and pray for their contin- area’s business community. cost in the bloody battles of World War II and ued success. May God grant St. Joseph par- The excellence with which the South Lake will bulwark America’s position in the Western ish many more years to come and may His Chamber of Commerce and Mr. San Fratello Pacific in the years ahead. blessings continue to shine down on them.

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