May 10, 2016 CONGRESSIONAL RECORD — HOUSE H2173 I am very proud to recognize this ficers from around the world travel to KINGPIN DESIGNATION American hero who so sadly perished Washington, D.C., to participate in IMPROVEMENT ACT OF 2016 while protecting the people of Miami, events that honor those who have been Mr. MARINO. Mr. Speaker, I move to my hometown, from crime and drugs. killed in the line of duty. By naming suspend the rules and pass the bill As a Member with the honor of rep- the ATF headquarters after Mr. Rios, a (H.R. 4985) to amend the Foreign Nar- resenting south Florida in Congress, I front line law enforcement officer, we cotics Kingpin Designation Act to pro- thank Special Agent Rios for his serv- offer a very public tribute to the com- tect classified information in Federal ice to our country, and I thank his memoration of the sacrifices that too court challenges. family for their sacrifice of such a many officers have made. The Clerk read the title of the bill. brave person on behalf of all of us. This legislation comes at the request The text of the bill is as follows: Mr. Speaker, I reserve the balance of of many current and former agents who H.R. 4985 my time. would not rest until this recognition Be it enacted by the Senate and House of Rep- Mr. CARSON of Indiana. Mr. Speak- was restored to Special Agent Rios. Be- resentatives of the United States of America in er, I yield myself such time as I may cause of their tireless efforts, the Congress assembled, consume. House will vote today to restore the SECTION 1. SHORT TITLE. I thank Representative CURBELO. name of Special Agent Rios to the ATF This Act may be cited as the ‘‘Kingpin Des- I am pleased that this bill is being headquarters. This is an overdue and ignation Improvement Act of 2016’’. considered by the House this afternoon well-deserved acknowledgment of both SEC. 2. PROTECTION OF CLASSIFIED INFORMA- during National Police Week. I also ap- Special Agent Rios and of the nearly TION IN FEDERAL COURT CHAL- preciate Subcommittee Chairman LENGES RELATING TO DESIGNA- 20,000 law enforcement agents who have TIONS UNDER THE NARCOTICS BARLETTA’s support of this measure died in the line of duty in the United KINGPIN DESIGNATION ACT. and the support of the other members States of America. Section 804 of the Foreign Narcotics King- of the Committee on Transportation pin Designation Act (21 U.S.C. 1903) is In closing, Mr. Speaker, I am very and Infrastructure, who also agreed to amended by adding at the end the following: pleased that so many on both sides of be original cosponsors of this great ‘‘(i) PROTECTION OF CLASSIFIED INFORMA- the aisle from our committee have bill, which would name the current TION IN FEDERAL COURT CHALLENGES RELAT- agreed to cosponsor this legislation. I ING TO DESIGNATIONS.—In any judicial review headquarters of the Bureau of Alcohol, am also honored that Mr. ROGERS, the of a determination made under this section, Tobacco, Firearms and Explosives, or chairman of the Committee on Appro- if the determination was based on classified the ATF, after fallen Special Agent priations, supports this bill. information (as defined in section 1(a) of the Ariel Rios. Classified Information Procedures Act) such As was mentioned by my colleague, Former President George H. W. Bush information may be submitted to the review- Agent Rios was born in 1954. He at- has written Congress in support of ing court ex parte and in camera. This sub- tended the John Jay College of Crimi- naming this building after Special section does not confer or imply any right to nal Justice in Manhattan, and he grad- Agent Rios, as have several former Di- judicial review.’’. uated with a degree in criminal justice rectors of the ATF and as have several The SPEAKER pro tempore. Pursu- in 1976. Agent Rios immediately start- organizations that represent law en- ant to the rule, the gentleman from ed his career in criminal justice by forcement officers. Pennsylvania (Mr. MARINO) and the working for the Department of Correc- I am very proud that this legislation gentleman from Rhode Island (Mr. tions in both Washington, D.C., and in is being considered today, and I urge CICILLINE) each will control 20 minutes. New York City. Later, he joined the my colleagues to support my bipar- The Chair recognizes the gentleman ATF in 1978 and developed a reputation tisan bill that honors Special Agent from Pennsylvania. as an effective law enforcement officer. Rios. GENERAL LEAVE In 1982, Agent Rios was working as a Mr. Speaker, I yield back the balance Mr. MARINO. Mr. Speaker, I ask member of Vice President George H. W. of my time. unanimous consent that all Members Bush’s anti-drug task force. It was here may have 5 legislative days to revise that he was shot and killed while work- b 1615 and extend their remarks and to in- ing undercover to unravel a drug ring clude extraneous materials on this in Miami, Florida. Mr. CURBELO of Florida. Mr. Speak- measure. In 1985, Congress saw fit to honor the er, I yield myself such time as I may The SPEAKER pro tempore. Is there ultimate sacrifice that Special Agent consume. objection to the request of the gen- Rios made. Congress acknowledged the I thank my colleague from Indiana tleman from Pennsylvania? fact that he was the first ATF agent to (Mr. CARSON) for his leadership on this There was no objection. die in the line of duty by naming the issue. Mr. MARINO. Mr. Speaker, I yield headquarters of the ATF building the This, of course, is a simple naming myself such time as I may consume. Ariel Rios Memorial Building. This bill, but it honors one of the many men Mr. Speaker, on behalf of the Foreign name stood for nearly 30 years until and women who paid the ultimate price Affairs Committee, I am pleased to call the building was renamed for President to keep Americans safe. This has a spe- up the Kingpin Designation Improve- Clinton in 2012 so as to reflect the fact cial place in my heart, obviously, be- ment Act, which was favorably re- that the old building now housed the cause this took place in my community ported this week by the Judiciary Com- EPA. Unfortunately, the ‘‘Ariel Rios’’ where Special Agent Rios lost his life. mittee on which I also sit. name was not transferred to the new I yield back the balance of my time. This bipartisan bill, introduced by ATF headquarters. The SPEAKER pro tempore. The the gentleman and gentlewoman from This bill seeks to correct this omis- question is on the motion offered by New York, Mr. KATKO and Miss RICE, sion and name the new ATF head- the gentleman from Florida (Mr. helps to ensure that classified informa- quarters as the Ariel Rios Federal CURBELO) that the House suspend the tion used in the designation of foreign Building. rules and pass the bill, H.R. 4957. drug kingpins may be protected from As a former police officer, I have a public disclosure so that it cannot be The question was taken. special appreciation for the risks that used by drug lords and terrorists. face officers each and every day. Agent The SPEAKER pro tempore. In the Under current law, the Treasury De- Rios’ death serves as a reminder that opinion of the Chair, two-thirds being partment’s Office of Foreign Assets when law enforcement officers walk in the affirmative, the ayes have it. Control, otherwise known as OFAC, is out the door and leave their families Mr. CARSON of Indiana. Mr. Speak- able to designate international drug for the day, they are putting their lives er, on that I demand the yeas and nays. traffickers as kingpins. These designa- on the line to protect our communities. The yeas and nays were ordered. tions are published in the Federal Reg- It is fitting that the House is consid- The SPEAKER pro tempore. Pursu- ister, and the individuals are added to ering this legislation during National ant to clause 8 of rule XX, further pro- the list of specially designated nation- Police Week, which is an annual event ceedings on this motion will be post- als, which effectively blocks any U.S.- when thousands of law enforcement of- poned. based asset and their access to the U.S.

VerDate Sep 11 2014 02:34 May 11, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MY7.018 H10MYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H2174 CONGRESSIONAL RECORD — HOUSE May 10, 2016 financial system. This is a potent For example, just last month, the these traffickers from using the U.S. fi- weapon against international drug Treasury Department’s Office of For- nancial system and, in so doing, places traffickers. eign Assets Control, which administers a major obstacle in front of their ef- Since the enactment of the Foreign these sanctions, targeted a Mexican forts to move and use their ill-gotten Narcotics Kingpin Designation Act 16 drug cartel and the three brothers who gains. years ago, OFAC has designated more run it, freezing their assets and ban- Many of the individuals placed on the than 1,800 individuals, all of them non- ning U.S. persons from doing business kingpin list are put there on the basis U.S. persons. These include not only with them. of classified information. The law pro- high-profile drug traffickers, but also As with the International Emergency vides a process by which these individ- individuals who are using drug pro- Economic Powers Act, designations uals can seek removal from the list in ceeds to support international ter- made under the Kingpin Act may be Federal court, but, unfortunately, the rorism. challenged in court. However, unlike law currently doesn’t protect classified Now, listed persons can seek removal IEEPA, the Kingpin Act contains no information in such delisting cases. of those sanctions by challenging them explicit authority for judges to pri- This opens up the possibility that some in Federal court. The tricky part arises vately review classified information. kingpins won’t be sanctioned at all or when OFAC designations are based on This gap in authority means it is only will be removed from the kingpin list, classified information. We do not want a matter of time until the government despite significant evidence of their il- to hand drug lords and terrorists the will be forced to choose between dis- licit activities, in order to protect clas- sources and methods we have for un- closing classified material and allow- sified information. This bill simply makes it clear that covering their nefarious activities. We ing a confirmed narcotics trafficker to the Office of Foreign Assets Control also do not want OFAC to be deterred avoid justice. may submit classified information in from making the designations our na- H.R. 4985 would address this issue by defense of its kingpin designations in a tional security requires because they adding a new section that explicitly are worried that such classified info nonpublic, protected setting in order to authorizes the government to allow safeguard classified information. This may be publicly disclosed. judges to privately review classified in- For these reasons, other key OFAC bill will make it easier to sanction formation when individuals challenge international drug kingpins who cause sanctions laws, like the International their designation as kingpins under the Emergency Economic Powers Act, pro- enormous problems both in the United act. This provides a simple fix to a gap States and in their home countries. It vide protections for classified informa- in current law, bringing the Kingpin tion. Under that statute, OFAC can will make it harder for these criminals Act in line with the International submit such information ex parte and to carry out their dangerous and de- Emergency Economic Powers Act and in camera directly to the judge outside structive drug trade. improving our ability to ensure the law of public view. Mr. Speaker, I am grateful for the H.R. 4985 just incorporates that same functions as intended. House’s consideration of this bill, I thank the gentleman from Pennsyl- protection in the Narcotics Kingpin alongside several other important vania for its introduction, and I urge Designation Act. Also, it is worth re- measures, to fight back against the my colleagues to support the legisla- membering that these designations are opioid epidemic gripping much of our not something done secretly in the tion. Nation, and certainly in my district as I reserve the balance of my time. dead of night. They result from the co- well. Mr. MARINO. Mr. Speaker, I yield ordination of five Federal agencies. My district has been extremely hard- such time as he may to consume to the They are published publicly, and they hit by this epidemic as well as a gentleman from New York (Mr. are reported to 10 congressional com- scourge of dangerous synthetic sub- KATKO), the author of this bill. mittees, 5 in the House and 5 in the stances, which I hope to address at a Mr. KATKO. Mr. Speaker, let me Senate, some of which receive the clas- later time during this Congress. Al- start by thanking Judiciary Com- most every family in my district has sified background on the designated mittee Chairman GOODLATTE for his ef- been affected by this epidemic or persons. I want to thank Foreign Affairs forts and his committee’s efforts in knows someone who has. shepherding this bill through the com- We need to fight back against the Chairman ROYCE, Ranking Member mittee, where it received unanimous kingpins for profiteering off this mis- ENGEL, Judiciary Chairman GOOD- support. ery. It is gratifying to see the House LATTE, and Ranking Member CONYERS working together across the aisle to for moving this bipartisan bill prompt- I also want to thank my colleague tackle these enormous problems, and ly to the floor. across the aisle, Representative RICE. H.R. 4985 is an important tool in our We have partnered together on many our country will be better off for it. Mr. CICILLINE. Mr. Speaker, I yield fight against high-level narcotics traf- bills that have passed the House to help keep our country safe and to keep myself such time as I may consume. fickers and deserves our unanimous I want to thank the gentleman from support. it free from drug trafficking. Both of us having a background as prosecutors on New York for the introduction of this I reserve the balance of my time. bill. It closes an important gap in the Mr. CICILLINE. Mr. Speaker, I rise a Federal level will help us going for- statute, which will enhance the safety in support of this legislation and yield ward. of our country and provide essential re- myself such time as I may consume. This legislation makes important I would like to thank Representative changes that strengthen the Kingpin view confidentially. I urge my colleagues to support the KATKO and Representative RICE for in- Act and enhance the protection of clas- bill. troducing this bill, H.R. 4985, the King- sified information. The Kingpin Act I yield back the balance of my time. pin Designation Improvement Act, has played an important role in our Mr. MARINO. Mr. Speaker, I just which helps ensure that Federal courts Nation’s efforts to fight drug traf- want to echo what my good friend from can review sanctions against drug ficking for nearly two decades. In the Rhode Island (Mr. CICILLINE) has stat- kingpins without forcing law enforce- last two decades, I was heavily in- ed. ment or the intelligence community to volved with drug trafficking as a Fed- As a former prosecutor, and Mr. publicly release classified information. eral organized crime prosecutor, so I KATKO, who was a former prosecutor, H.R. 4985 would amend the Foreign understand the importance of the stat- and my good friend from Rhode Island Narcotics Kingpin Designation Act ute on a firsthand basis. (Mr. CICILLINE), who was a mayor and modeled on the International Emer- The act established a process to sanc- had jurisdiction over law enforcement gency Economic Powers Act. The King- tion individuals involved in inter- agencies, we all know what the impor- pin Act allows the President to des- national narcotics trafficking. More tance of this legislation is. ignate and apply economic sanctions than 1,800 individuals, all non-U.S. per- I want to thank the authors of this. against any significant foreign nar- sons, have been designated as drug I want to thank the staff members who cotics trafficker. This authority pro- kingpins by the Treasury’s Office of worked on this. This is going to im- vides a powerful tool to combat nar- Foreign Assets Control under the King- prove the lives of not only Americans, cotics trafficking around the world. pin Act. This designation precludes but people around the world.

VerDate Sep 11 2014 02:34 May 11, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MY7.023 H10MYPT1 SSpencer on DSK4SPTVN1PROD with HOUSE May 10, 2016 CONGRESSIONAL RECORD — HOUSE H2175 I yield back the balance of my time. S. 32 citizens, including our children. In re- Mr. ROYCE. Mr. Speaker, I want to thank Be it enacted by the Senate and House of Rep- cent years, our Nation has experienced my good friend from Virginia, Judiciary Chair- resentatives of the United States of America in an epidemic of opioid abuse. A signifi- man GOODLATTE, his Ranking Member, Mr. Congress assembled, cant part of that epidemic involves the CONYERS, and the gentleman and gentlelady SECTION 1. SHORT TITLE. trafficking of illicit heroin across our This Act may be cited as the from New York—Mr. KATKO and Miss RICE— borders and into our communities and ‘‘Transnational Drug Trafficking Act of homes. Every Member in this Chamber for their work on H.R. 4985, the Kingpin Des- 2015’’. ignation Improvement Act, which deserves our today has a heartbreaking story about SEC. 2. POSSESSION, MANUFACTURE OR DIS- support. TRIBUTION FOR PURPOSES OF UN- a constituent or a constituent’s child In the context of today’s floor debate, it is LAWFUL IMPORTATIONS. who has been lost to this scourge. important that we discuss the extensive role of Section 1009 of the Controlled Substances The irony, Mr. Speaker, is that inter- Iran’s primary regional proxy—Hezbollah—in Import and Export Act (21 U.S.C. 959) is national drug traffickers know our the international drug trade. amended— drug trafficking laws as well as, if not Earlier this year, the U.S. Drug Enforcement (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and better than, most Americans do. They Administration announced that they have, in (2) in subsection (a), by striking ‘‘It shall’’ know that if they simply employ a cooperation with law enforcement agencies and all that follows and inserting the fol- middleman to take the drugs from from 7 other nations, disrupted a global crimi- lowing: ‘‘It shall be unlawful for any person them and transport them into the U.S., nal enterprise Hezbollah was using to finance to manufacture or distribute a controlled it makes it much harder, if not impos- its participation in the Syrian conflict, as well substance in schedule I or II or sible, for U.S. law enforcement to pros- as to plan for a future war with Israel. flunitrazepam or a listed chemical intending, ecute them under those drug traf- Unfortunately, this is nothing new. For knowing, or having reasonable cause to be- ficking laws. years, Hezbollah has had business connec- lieve that such substance or chemical will be unlawfully imported into the United States Why is it more difficult, you might tions with South American drug cartels, and or into waters within a distance of 12 miles ask. Because under current law the has been using them to enter the narcotics of the coast of the United States. government must prove that a traf- trafficking business. In 2011 and 2013, the ‘‘(b) It shall be unlawful for any person to ficker knew the drugs were headed for Department of the Treasury and other agen- manufacture or distribute a listed chem- the United States. Drug trafficking or- cies designated core Hezbollah members and ical— ganizations in Colombia, Peru, Ecua- affiliates for engaging in international narcotics ‘‘(1) intending or knowing that the listed dor, and other Central and South networks. chemical will be used to manufacture a con- trolled substance; and American source nations sell their il- As a result, the Hezbollah International Fi- ‘‘(2) intending, knowing, or having reason- licit products to Mexican traffickers nancing Prevention Act of 2015, which I au- able cause to believe that the controlled sub- who, in turn, traffic the drugs into the thored and passed into law in December, re- stance will be unlawfully imported into the United States. quired specific Administration reporting on United States.’’. This makes it difficult, under current Hezbollah’s international narcotics trafficking SEC. 3. TRAFFICKING IN COUNTERFEIT GOODS law, for Federal prosecutors to make networks. OR SERVICES. cases against such source nation manu- Unfortunately, once a terrorist organization Chapter 113 of title 18, United States Code, facturers, wholesale distributors, bro- is amended— enters this business, they seldom leave. Sanc- kers, and transporters since direct evi- tions relief for Iran as a result of the Adminis- (1) in section 2318(b)(2), by striking ‘‘sec- tion 2320(e)’’ and inserting ‘‘section 2320(f)’’; dence of their intent that the drugs are tration’s flawed deal with that regime, and the and bound for the United States is difficult, resulting inflow of Iranian money to Hezbollah (2) in section 2320— if not impossible, to develop. will not likely cause them to turn away from (A) in subsection (a), by striking paragraph The result is that source nation the lucrative drug industry. Rather, it may en- (4) and inserting the following: malefactors who produce and distribute able Hezbollah to double down on their efforts ‘‘(4) traffics in a drug and knowingly uses illegal narcotics escape prosecution to finance their destructive regional activities. a counterfeit mark on or in connection with such drug,’’; under U.S. law because they feign igno- For example, instead of 150,000 rockets on rance of the drug’s ultimate destina- Israel’s northern border, Hezbollah could af- (B) in subsection (b)(3), in the matter pre- ceding subparagraph (A), by striking ‘‘coun- tion. This has happened with increas- ford to field 300,000, financed by the Iranian terfeit drug’’ and inserting ‘‘drug that uses a ing regularity over the past several regime and Hezbollah’s trafficking of narcotics counterfeit mark on or in connection with years, and it is Congress’ responsibility into our communities. the drug’’; and to address this problem. With this in mind, it is important that we (C) in subsection (f), by striking paragraph S. 32, the Transnational Drug Traf- have robust Narcotics Kingpin Designation Act (6) and inserting the following: ficking Act of 2015, is identical to H.R. ‘‘(6) the term ‘drug’ means a drug, as de- authorities in place, which this legislation en- 3380, legislation that was introduced by sures. I support the bill. fined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).’’. my Committee on the Judiciary col- The SPEAKER pro tempore. The leagues, the gentleman from Pennsyl- question is on the motion offered by The SPEAKER pro tempore. Pursu- vania (Mr. MARINO) and the gentleman the gentleman from Pennsylvania (Mr. ant to the rule, the gentleman from Virginia (Mr. GOODLATTE) and the gen- from Puerto Rico (Mr. PIERLUISI). MARINO) that the House suspend the This bill makes crucial changes to rules and pass the bill, H.R. 4985. tleman from Michigan (Mr. CONYERS) our Federal drug laws to give law en- The question was taken; and (two- each will control 20 minutes. The Chair recognizes the gentleman forcement additional tools to combat thirds being in the affirmative) the from Virginia. extraterritorial drug trafficking. It rules were suspended and the bill was does this by amending the Controlled passed. GENERAL LEAVE Substances Import and Export Act to A motion to reconsider was laid on Mr. GOODLATTE. Mr. Speaker, I ask stipulate that, when a narcotics traf- the table. unanimous consent that all Members may have 5 legislative days within ficker or manufacturer has a ‘‘reason- f which to revise and extend their re- able cause to believe’’ that the illegal b 1630 marks and include extraneous mate- narcotics he produces or traffics will be rials on S. 32, currently under consider- sent into the U.S., the U.S. may pros- TRANSNATIONAL DRUG ation. ecute him. This amendment will per- TRAFFICKING ACT OF 2015 The SPEAKER pro tempore. Is there mit Federal prosecutors to pursue Mr. GOODLATTE. Mr. Speaker, I objection to the request of the gen- extraterritorial drug traffickers who move to suspend the rules and pass the tleman from Virginia? are not directly smuggling drugs into bill (S. 32) to provide the Department There was no objection. the United States but who facilitate it. of Justice with additional tools to tar- Mr. GOODLATTE. Mr. Speaker, I S. 32 also amends the Controlled Sub- get extraterritorial drug trafficking yield myself such time as I may con- stances Import and Export Act to ad- activity, and for other purposes. sume. dress the increasingly prevalent prob- The Clerk read the title of the bill. International drug traffickers are lem of trafficking in listed chemicals, The text of the bill is as follows: profiting off the misery of American which are chemicals regulated by the

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