Transcripts For CSPAN2 Key Capitol Hill Hearings 20160211

Has almost eight times more sanctions with then we have a regime that does possess a Nuclear Weapon we have more work to do there is a great step the also the United Nations disappointment. I think it is good you bring up the fact when we begin putting the sanctions in place there was a lot of push back for these to work properly to make the biggest difference of outcomes and when we began the process it was unilateral and well we stress on the front end aware that originated to put in place efforts in they were able to for say behavior change. I think they thought they would have a better outcome but. But first but she went to work with our personnel and and the chinese put such an emphasis on stability in to it is right on their border but but more important and the patience that you talked about earlier he has been around as the chief intelligence director in washington 43 years. He knows he is talking about he is never been in this type of a threat position in all 43 years. He waved to the segment but with the Nuclear Field to make sure that. At that threat to spare the kit would be to replace the it but there is a report he killed the chief in in this half but so they execute them. But then to repeatedly violating the means to deliver his machine but in february 2016 continued to develop the Ballistic Missile program. End to conducted Nuclear Tests purpose which is easy to continue that all of these are involved of the un security civics average tax isil. And they are organizing sanctions. Thats it with this system that should be set up. So if in doing see it in to engage in that human rights abuse is that Money Laundering but he is then used to estimate the senator from tennessee. Thanks to the senators for the staunch National Security support of this legislation. I appreciate his comments and we will have a successful day to day and i think that you know, the administration tries to work with u. N. Security council to get them to improve sanctions end china has been the holdup of a nextdoor neighbor and other ancient actions to be put in place and it is something important and a proactive. Sue mcfadyen is the measures. Catalog to invent their r but they have no capability. So i applaud you and your team for moving forward on this issue. Like most americans and ends in the area where easily some thinking get out of hand i know senator feinstein has shielded to our distinguished colleague. Thank you very much mr. Chairman and senator, i fully support your committees recommendations and believe the time has come to enforce the sanctions against north korea. We think we all judged the worlds leaders based on actions and intentions and there is no question that the intentions are adverse to the wellbeing of our country. As a citizen of the western United States representing 40 Million People in california is very alarming to of me and it should be. If you take stock of north korea recent actions thank capabilities, the cause for concern is apparent by jiri six it detonated the Fourth Nuclear device regardless his intention is cleared to seek a Nuclear Arsenal for unfortunately the measures they have adopted have been insufficient to stop him. The first device detonated october 2006 which had been estimated yield of less than 1 kiloton inveigling detonated as second divisive to kilotons. February 2013 they detonated a third device between six and seven kelli tons in the one the share was the fullest i would not be surprised if the most recent test has a greater yield of them though last. Not only have the weapons become more lethal but the stockpile has increased over time. According to a 2015 analysis north korea has between 15 and 22 Nuclear Weapons. Event they could be have 20 and 100. If north korea in with that constitute for science has informed has the key virility or the most of japan and all of south military personnel and they are in range. Just to be enders said guy is a of. So its hoot of fully paid this vulnerability did it but the admirable head of the north American Defense command said go back we assess and it makes said ed difficult target. And i also at our assessment is that they have the ability to put a Nuclear Weapon on is that just the Nuclear Weapons is. Because it showed the evidence for this plan. But most recently in repeated the fetid. And though levins initial special technologies is a human rights and where to raise humanrights but. United nations have found and the eric is second given but routinely they use starvation to punish dissent africa but to you this hour he their regime he and but of the concept of a kilt but the prison camp is a loan stick i have seen demonstrate that diabolical suffering under this receive once you place the quiet dead child of the desk euless says carol reference the with their own dead childs stomach know where anywhere on earth should the mother before us to such extremes. Mr. President when it comes to the International Response to north korea and the provocative behavior i very rich regret that china has not seen fit to do more in my view with its size and capability has the ability to rein in north korea and probably the only country in the region to do so. The nuclear Test Facilities are closed to the chide the border the security is threatened by an unstable Nuclear Power in its neighborhood but yet china continues to provide the Food Industry will is the International Protection to sustain his government. In my meetings here in washington d. C. I have expressed to allow him that china neck can and must do more trying to repress upon him that a nucleararmed north korea is not in the security interest. Mr. President we cannot sit in silence of the ever advancing Nuclear Programs and for some iran has been a big threat but for me reading the intelligence to see the progress over the years. For the wellbeing of this country. We must cover our allies to include placing more advanced and Missile Defense over south korea in japan with a trilateral military to resisted overtures. Bettis. But this legislation alone will not seek. But mr. Chairman thank you for your committee this is revolutionary intend to support its did die yield of back . Mr. President i want to take one moment to a thank the senator who knows so much about the intelligence and suspend their great deal of for a Senate Career to make sure that she does. And we probably love her as any senator hear she has been involved with meetings and discussions and has led the senate to understand what is happening so her comments especially today are wellreceived did depreciated in thank you for what you do to help keep the country safe on the intelligence committee. And other senators next in line to speak but things for his contributions to make the bill better and amended the bill it has other amendments he was like to see happen. There is probably no one here in the affair at and now it is a constituency that begins to proliferate by sharing information in technology and assets so a want to think them for their Contribution Program afford to his comments. Let me begin by asking unanimous consent of the fellow working in my office had full privileges during this session. I will begin rethinking their chairman of the four nations committee. But the focus that he has brought to the issues of Nuclear Proliferation and to the Great Service of our country is people understand those threats or other places across the planet. Is the ultimate issue. If we get from the consequences are catastrophic so i just want to thank you for continuing to have hearings and develop but those in this bill represent bin did jiri six fat. Nuclear bombs that would allow the regime to shrink though weapons and load them onto missiles. We must unequivocably north korea programs violate the u. N. Security Council Resolutions 2,094. The required north end from existing nuclear from rooms spinach to return to new dash age and with his nuclear. In 2009 the Security Council proposed a conventional arms embargo on north korea but its insisted on a loophole to allow them to import small arms and weapons number three exploited those people with the international trade. In this trade remains one of that countrys most profitable revenue sources. It is especially well known for purchasing whites weapons that it does sell to other countries for cash although violates the suggestions those that sell in the first place to get off scotfree. The involvement of north korea arm to that nonproliferation is to make my country minute knowledge the Committee Hearing and the chinese entities continue to Sell Technology to north korea that could toughest of the development of Nuclear Capable Ballistic Missiles with chinas efforts to clamp gallon remains feeble at best. If the United States is to continue to provide assistance to chinas Nuclear Power industry it must in return crack down on those who have the Nuclear Provocations and the weapon smuggling networks. United states must take action on our own end why we work with an amendment on the bill to impose sanctions on anyone the arms trade but to undermine the International Arms smuggling and put pressure to return to negotiations. By designating the country as a primary moneylaundering concern. The Treasury Department and to exclude from using the dollar based financial system. The use of this designation in 2005 to lead want and to any event they you finally found a way to hurt us. It is one of the leading counterfeiters of the u. S. Currency to hide the illicit earnings of trades and narcotics. Although the treasury has designated 18 Financial Institutions as primary Money Laundering concerns that his never designated north korea so i filed an amendment in the final version of the bill that could require the treasury secretary to determine on the annual basis if pretoria is primary and provide with information about that determination as well as any financial restrictions in just as we protect the International Financial system from counterfeit currency we must protect american investors to make annoyingly invest their money with companies that do business with north korea the problem is quite real. One company has declared that somebody was here for the oil industry so we were introduced in committee to require companies to issue securities to a newly disclosed any investments to the sec. It would not impose a Regulatory Burden the but for those that do they should have that information made public because the American People deserve to know which companies are investing in north korea and i hope bin to strengthen this bill down the line by incorporating that require bin. We no sanctions are not the end in and of themselves but to pressure the regime to return to disarmament negotiations. But as we pursue that rule we must work to reduce the risk whether deliberately or first and foremost, to make clear that his regime will not survive with the use of Nuclear Weapons in to reduce their risk to lash out in desperation that we intend to destroy his Nuclear Weapon. He brill lose pressure. But as he worked. Can to insure a collision in debt will not be easy but nevertheless giving the devastated consequences is critical we take a comprehensive approach without additional sanctions he will never decide the without the means to control escalations one day we could wake up and how to read Nuclear Disaster that no one wants. We should work on a continuous basis to make sure in the same way that the soviet president and president of the United States could communicate to reduce the likelihood we have to make sure we have done everything in our power with the north korean government if we like them or not. And i want to compliment the chairman and the senator from colorado in new jersey for their great work on this legislation. It is going to be a long struggle to ultimately deal with that regime and we have to return butting it is critical through the chinese to have maximum communication. We could have an Accidental Nuclear war. It could happen the we have to make sure it is avoided. I yield back the balance of my time. [inaudible conversations] i think the senator is on her way down but well we have a moment as we see the key to senator gardner also to senator rand and does to an issue that is important and not just oral security and the way he has. And to make sure we ended up with five of something that will receive no overwhelming support that i have been concerned about even though i dont want to you have shown leadership to put together policies in the senator knows even though this is a big step with you in Security Council and willing to take actions there is though lot of diligence necessary but it is certainly a significant step. I want to thank the chairman end with your of leadership that creates that is bipartisanship when it is important and it is something it tried to set out and so we dont have to have moments put to have some of these issues as the country a kits us to follow the above. And that is what i believe theyre doing today with a strong piece of legislation that is the most countries strategy set to you deal with the challenge that is ruth korea. North korea. I rise in support of than the legislation of north korea for the bullet during behavior to United States and the neighbors it takes the bill and most americans would be surprised to increase those sanctions the said then in place for many years it has never been as it should be. But with the Third Generation of dictators and proving to be as disastrous as his father and grandfather. And the founder of the regime, led the kim family has done whatever they thought is necessary with criminal enterprise with the abuses against its own people to require to be sanctioned to anyone contributing to the program. Simic there helping them in additionally it requires and threatened sever security and to designate north korea the primary Money Laundering concern is between north korea in the u. S. Banking system and is a powerful sanction and. If youre doing business with the regime you should not be doing business with United States Banking System we need to leverage the power to cut north korea to its international and vengefully and forest and. Spread but davis be enforced. And then to limit the threats first to develop Missile Defense in east asia and in the United States and they can curtail progress in the nuclear and missile programs the we must deal with the capabilities that north korea already has to be sure theyre prepared for further advancements before the sanctions take hold. There is touche reassure our japanese allies. In 2014 and Nuclear Capable b52 flew over the peninsula we must modernize the bottom fleet. The air force is embarking too long rage strike a bomber to be increasingly provocative to underscore the need civic some of those came with the sum we need to upgrade their contact and the missiles were fired from a distance and without flying over it is tremendously important but if it is based on seven Days Technology for the intended service life to ensure the air force has the resources necessary to develop the new Cruise Missile for decades to come. And has the resources to refurbish the Cruise Missile. And then they become obsolete to signal that the Nuclear Program has strategic benefits. To modernize our forces says they will never given nuclear upper hand. We need the sanctions that we are considering today in the senate and i urge my colleagues to put pressure on north korea isis those seven annoying sustained effort in stanford strong and we have to do that consistently in n. M. What can it and then does what we need to undertake and what were trying to accomplish with this legislation. My college will support with those critical and considering the annual deficits still make it is a deterrent but we have to continue to invest with the bombers said the missiles and is critical to initial security to maintain stability spicule have said before in there is a sentence pope. The clerk will call the roll. Mr. Gardner madam president . The presiding officer the senator from colorado. Mr. Gardner thank you, madam president. We have heard a number of colleagues come down to the floor today the presiding officer we are in a quorum call. Mr. Gardner i ask the quorum call be vitiated. The presiding officer without objection. Mr. Gardner madam president , weve heard a number of colleagues come to the floor and support the legislation before us today that north korea sanctions legislation, members from both sides of the aisle who recognize the need to address the forgotten maniac in north korea. Weve also heard members talk about a number of firsts that this legislation contemplates, the first time that this would put in place mandatory cyber sanctions for Cyber Attacks. This is something that applies, yes, to north korea today but in the future it could apply to any nation who wishes to use its means to attack the u. S. Or our businesses, so its a critically important piece of legislation that we are going to pass today that can have a Lasting Impact on the security of this country. Weve also heard from a number of members who have talked about their concern with china. Now, while this legislation is not targeted at china, this legislation is targeted at north korea, weve talked about how its not targeted to the north Korean People but to the regime of kim jongun. The legislation does everything we can to try to give the people of north korea a better way of life to find ways to communicate to break down this the silence that they are faced with in this economic deprivation zone, to give them tools, perhaps ways to radios and cell phone technologies so they can find out whats happening beyond the confines of the torturous regime. But it does have an impact on those who try to get around the sanctions of the prohibited activities of the legislation. Activities of the legislation. But it does have an impact on those who try to get a round of the sanctions of legislation in some of the strong this legislation comes from a language that addresses whether you export to or from north korea. In those precious materials that the money is funneled to what then the of mass destruction. Of sonorous korea is not responsible stick with that sanctioned entity end of the legislation. They are in china and we need this we need cooperation with japan and south korea that we have had so strongly. Bottle good but exercise we were pressed china to make sure is sticks by what it says it wants to be nuclearized. Cassidy say if the issues dealing with the internet or south china part of we had to make sure that department conversations try to control the number of levers of power. Money that he has used to develop missiles and develop weapons of mass destruction. Just to give you an example of some of the commodity trade that we have seen, trade and commodity sanctions that this bill will include addresses the issue of Rare Earth Minerals, coal and other goods that are exported to other countries to earn foreign currency from the north korean regime and to give people an idea of how much money that is, experts put Rare Earth Minerals at around 1. 8 billion and 245 million respectively. Thats a lot of money that the regime is currently getting from outside in trade of these goods. But if that trade, if this 1. 8 billion of, if this 245 million goes back to build weapons of mass destruction, this act will begin to sanction them. The president s required to unless he issues a very narrow casebycase National Security waiver. Its a mandatory investigation into those activities. And so i think this is a strong step again that is receiving tremendous bipartisan support, and with that, madam president , i would note the absence of a mr. Gardner madam president . The presiding officer we are in a quorum call. Mr. Gardner i ask the quorum call be vitiated. The presiding officer without objection. The senator is recognized. Mr. Gardner thank you, madam president. We have been discussing some of the opportunities to strengthen our alliance between japan and south korea and the United States. In the legislation before us today is language that addresses the cooperation, trilateral cooperation between the United States, south korea and japan, that we would seek to strengthen highlevel trilateral mechanisms for discussions and coordination of our policies toward north korea, that we would work between the government of the United States, the government of south korea and the government of japan to meet these goals to ensure that the mechanisms that north korea is using when it comes to nuclear, ballistic and conventional Weapons Programs are addressed by the three nations, that we address together in this Trilateral Alliance human rights record, the cybersecurity threats posed by north korea. And it also talks about in the legislation before us that the United States, korea and japan, we meet on a regular basis. The legislation encourages that the United States, the Trilateral Alliance meet together, including the department of state, department of defense, Intelligence Community and representatives of counterpart agencies in south korea and japan so that we can continue to focus our efforts on the Trilateral Alliance and strengthen it. If you look at the conversations that are taking place today, weve heard our colleague from hawaii, senator schatz, talk about the the need for cooperation when it comes to thad. He talked about the concern that the allies, our allies, neighbors of north korea have when it comes to their air Defense Systems and how they are going to protect themselves from a upon missile strike from north korea. Those conversations are continuing. We talk about extraordinary Cooperation Opportunities we have in sharing intelligence between the three nations. And it all comes on the heels of what has been over the past year, last year in particular with the 17th anniversary of the end of the world war ii, some recognition of historical complexities in the relationship between japan and south korea. Late last year, recallly thi t year, early this year we saw some agreements. That was a new step forward in cooperation in terms of working through these complexities. That activity was followed shortly thereafter by north koreas Fourth Nuclear test, and what a great statement it was for japan and south korea to begin finding solutions to these historical complexities at a time that perhaps is needed now more than ever because of the challenges that their neighbor in the north poses to them. And so while we work on thaad, while we Work Together to find ways to protect our allies and to assure theme that our allies them that ou our commitment remains, i know the senator from minnesota is on the floor. The presiding officer the senator from minnesota. Ms. Klobuchar today i join my colleagues in support of the north korea sanctions and policy enhancement afnlgt i commend senator gardner for his leadership as well as senator menendez, chairman corker, Ranking Member ca cardin for thr leader on this legislation because protecting the American People and others in the region from National Security threat ts like north korea should in fact be our top priemple priority. The reason there is overwhelming bipartisan support for strong sanctions legislation against north korea is because there is absolutely no doubt that north korea is a wellestablished threat in the region. North korea threatens global peace and security. Experts oexpertsestimate that na has 20 to 100 Nuclear Weapons. Since 2006, north korea has tested four nuclear bombs. Last month north korea claims to have test add hydrogen bomb. While our analysts in the u. S. Are skeptical that it was in fact a hydrogen bomb, it was a nuclear bomb all the same. With each test, north korea gets closer to producing a nuclear bomb small enough to fit on a longrange missile, the very same kind of missile that north korea used over the weekend to launch a satellite into outer space. That missile has a range o of 5,600 miles. This means that alaska, karvelg the rest of the west coast of the u. S. Is actually within range of a north korean bomb. Our union allies and australia are also within range of a north korean bomb. And of course japan and south korea, two of our key allies in southeast asia, are closest to the danger north korea poses. And it is in our National Security interest to protect these vital allies. But its not just north Koreas Nuclear threat we need to be concerned about. North korea funds its weapons regime through Human Trafficking, something i care deeply about, through the production of Illegal Drugs and selling counterfeit u. S. Currency. North korea is also one of the largest suppliers of the arms trade and has become the bargainbasement emporium for the sold soviet weapon system. North korea has a pattern of shipping these illegal arms to terrorists in the middle east. North korea also threatens our cybersecurity. North koreas cyber attack on the Sony Corporation of america in 2014, which leaked private communication and destroyed the companys data systems, cost sony, an american company, more than 35 million. This is Sony Corporation of america. It costs them 35 million. Why this company . Because the company produced a movie that mocked north koreas leadership. Last summer north korea pledged to follow up on its attack on sony with more Cyber Attacks, promising to wage a cyber war against the u. S. To hasten its ruin. And that is an exact quote. America is not north koreas only target for Cyber Attacks. In 2013, north korea launched a cyber attack on three major south korean banks and two of south koreas largest broadcasters were temporarily shut down after a cyber attack. These Cyber Attacks cost south korea an estimated 720 million. This is real money, real jobs in our own country and in our allies. We must take strong action to curb north koreas Nuclear Program and address the other threats that it poses to the u. S. And our allies. Weak sanctions against north korea have clearly proven unsuccessful. The legislation before us today represents the tough response that is necessary to send this message directly to north korean leaders. Disarm or face severe economic sanctions. This bill puts pressure on north korea in three important ways. First, it requires the president to investigate those that help north korea import goods used to make weapons of mass destruction. All people i angz and businesses involved in helping north korea obtain illicit weapons would be banned from doing business with the u. S. And have their fng their Financial Assets frozen. As we track down and bring to justice those who assist north korea and its effort to harm the u. S. And our allies, we must also hit them financially. This bill will help to cut off north koreas funding and further financially isolate them. Second, this bill sanctions those who attack u. S. Cybersecurity. This bill is the first piece of legislation that lays out a framework for sanctions against the north korean cyber threat. Combating cyberterrorism is a key National Security priority. We must be proactive about rooting out those who enable cyber atafntlattacks. This bill addresses the serious human rights crisis in north korea. North korea is the most isolated economy and society in the world. The current regime exerts total control over daily life. Even haircuts are controlled, madam president. Thats right. Women are allowed to pick from one of 14 hairstyles and men cannot grow their hair longer than two inches. 32 of the people in north korea are undernourished and 34 of the population receives food aid. Madam president , as a member who has worked extensively to fight modernday slavery, i am particularly disturbed by the fact that north korea is also among the worlds worst human traffickers. The state departments annual report on Human Trafficking consistently rates north korea as one of the worst human traffickers. The United Nations considers Human Trafficking to be one of the three largest criminal enterprises in the world. The first two are Illegal Drugs, illegal guns. Last year i was proud to be the lead democratic cosponsor of legislation with senator john cornyn to fight trafficking and help trafficking victims. It was signed into law by president obama last may. The justice for victims of trarvegging act tackles sex trafficking headon so were doing work in our own country, but we also need to be a beacon for those victims abroad. Sex and labor traffickers treat north korean men and women like commodities. Yamni york, a north korean woman who escaped after being sold into the sex trade, has dedicated her life into shining light on what she calls the dark of the place on earth, north korea. This bill calls for harsh sanctions against human rights violators. It calls for mandatory investigations into those who bankroll north korean labor prisons and sex trafficking rings. But it also acknowledges the important work of human rights organizations that provide assistance to those suffering in north korea and allows them to continue their lifesaving work. China fuels much of the demand for north koreas Human Trafficking, and they help fund the north korean regime. Beyond enacting swift and severe sanctions against those associated with north koreas weapon suppliers, hackers, and human rights violators, we must pressure china to get serious about sanctioning sanctioning th korean sheevment unless we have chinas help, the regime will not truly feel the repercussions of its actions. Madam president , we have come together today across party lines in a bipartisan effort to address the growing threat that north korea poses. We are united in our belief that our National Security and the security of our allies requires a swift and strong response to north korea and those who fund its tyrants. We are also united in our belief that we must vigorously investigate and sanction those who in any way help north korea develop weapons of mass destruction and those who seek to undermine cybersecurity. And we must do everything in our power to help improve the lives of innocent north currency. That is why i am supporting this bill, and i thank my colleagues for their leadership. Again, senator menendez, senator gardner, senator cardin, senator corker. I wanted to add one more thing, madam president , just another minute, as i try to do every day, as does senator shaheen, to address the issue of the ambassadors to norway and sweden. It has been 864 days since weve had an ambassador to norway. It has been 468 days since the president nominated azita raji to be ambassador to sweden. I appreciate senator corkers leadership on this issue. We are working very hard to get these two ambassadors confirmed. These countries are the 11th and 12th biggest investors in the United States. Senator cruz is the one holding up a vote on this. We are hopeful that at some point we will be able to move ahead. This has been going on way too long. Some of our best allies in the fight against russian aggression senatorway actuall norway aca border with russia we have to be on their side as they take in thousands and thousands of refugees. We have talked about the need for a strong europe. Yet these are the two major countries in europe that we dont have ambassadors from the United States. That must change. And, again, i thank senator corker and senator cardin for their leadership. Thank you, madam president. I yield the floor. Mr. Corker madam president , i think senator capito is next. I did want to just mention that i appreciated the way that senator klobuchar has worked the issue, especially of norway and sweden. And i do think were on the cusp, maybe in the next 24 house, of that being resolved. But thank you for your diligence and patience. With that, i yield the floor. Exi exi thanmrs. Capito madam , i rise today in strong support of the north korea sanctions and policy enhancement afnlgt i comeng senators corker and gardner, menendez and cardin for their hard worke work on this hd bill. North korea poses a very serious threat. Last month the north currency test add Nuclear Device as they continued to advance their weapons technology. Just this weekend the north currency launched a satellite as they worked to build a Ballistic Missile program. Cyber attacks launched by north korea have crippled businesses, like sony pictures, and targeted our allies like south korea and jeavment thjapan. The threats will only continue to grow. Our current policy towards north korea has failed failed to protect the safety and security of the American People. This legislation takes significant steps to deny north koreas capabilities and limit the nuclear and Ballistic Missile programs. Stop cybersecurity attacks, and end north koreas horrendous horrendous Human Rights Violations. Mandatory investigations and mandatory sanctions are the hallmark of this legislation. Under this bill, the administration is required to investigate the proliferation of weapons of mass destruction, human rights abuses, ans cybercrimes. When investigations reveal misconduct related to these activities, sanctions are required. Importantly, the bill will target minerals and other items that the north korean regime uses to finance its Weapons Program at the expense of its own people. Sanctions under this bill would also apply to businesses or individuals around the world who help north korea expand its Nuclear Weapons and cybercrime capabilities. Similar legislation imposing sanctions targeted towards north korea passed in the house last month with a nearly unanimous vote. Thats quite an acheecht. Today i hope this bill will pass by a similar margin and show that the senate is united in our resolve against the security threats posed by north korea. On another important note, madam president , last night the United States Supreme Court put the Environmental Protection agencys Clean Power Plan on hold. This landmark decision will prevent the Obama Administration from enforcing this rule until all legal challenges are complete. West virginia, my state, has lost nearly 10,000 coal mining jobs since 2009. Nearly every week, every week hundreds of layoffs and more notices devastate west virginias coalfields, west virginias families, communities. The impact on state and local budgets has been stark. School boards have announced significant cuts to education due to the loss of Coal Severance Tax revenue. This is happening all across the state. As bad as the current Economic Situation is, the Clean Power Plan would have made things even worse for families and communities in my state. Well, we know that e. P. A. s play book earlier this year the Supreme Court struck down e. P. A. s mercury rule targeting power plans since the agency failed to follow the legal requirements. But because the mercury rule went into effect years before legal challenges were complete, billions of dollars had already been invested and many jobs had already been lost. My arena act has recognized that the 29 states and hundreds of other organizations challenging the president s power grab deserve meaningful judicial review. My legislation said this rule cannot go into effect until the litigation is complete. Such common sense. And im very pleased that the Supreme Court has agreed with this commonsense position and recognized the Immediate Impact of this rule. I also want to extend my appreciation to west virginias attorney general Patrick Morrisey for his leading role in this case. On behalf of our state, he is head of the legal challenge against this administration. And last nights decision is just the latest legal setback for an outofcontrol e. P. A. Congress has passed legislation dispriewrveg of disapprovingf the Clean Power Plan. The be Judicial Branch now seems poised to play its role in protecting both the separation of powers and the principles of federalism from the administrations power grab. Increasingly this lameduck president stands alone as he attempts to further his climate agenda. The American People are not behind him. A majority of congress has come out against his efforts. And now the Supreme Court has raised concerns. This is an important step toward having the American People, not an unchecked bureaucracy, set our energy agenda. And we must continue to fight to permanently block this rule. I yield the floor. A senator madam president . The presiding officer the senator from virginia. Mr. Kaine madam president , i also rise to support the north korea sanctions and policy enhancement act of 2016, and its good to see on the floor colleagues who have worked on this important legislation. Maryland, new jersey, our committee chair, the senator from colorado. And i appreciate their efforts and believe this can be a great example of bipartisanship and near unanimous agreement. We have witnessed recently many provocations by the North Koreans, the Ballistic Missile test. This past weekend violates numerous u. N. Security Council Resolutions and threatens both the United States and especially our allies in the region. This closely follows a nuclear test in january, another deplorable action by north korea, and missile Nuclear Weapons Program Proliferation concerns that have been the subject of a lot of discussion in this body. I appreciate the drafters and the Foreign Relations committee for moving swiftly to deliver a response that includes penalties for the Missile Launch and the nuclear test. I will also mention, madam president , that north koreas detention of american citizens cant be overlooked. This includes the recent detainment in north korea of Otto Frederick warmbier. Weve got to ensure safe return of our citizens detained there. A little bit about how destabilizing north koreas actions are. This recent test was expected and it is a proof of the north korean grim determination to develop Nuclear Weapons, even if its hampering and hobbling their economy and causing their citizens to suffer. They have been given warnings that they shouldnt do it but they have also been giving warnings to the Global Community that they would. This is a country that is determined to defy a host of u. N. Security Council Resolutions that ban it from conducting nuclear and missile tests. The International Community has been speaking with clarity about what the line is, dont do this, but north korea has chosen to proceed. Kim jongun has once again displayed a willingness to defy the International Community and at such a cost to his people. The economy there is absolutely hobbled because of his desire to be a militaristic leader but at the suffering of his population sl resulting. His strategy to have a nuclear military and Economic Development for his people isnt going to work because he cant have both. And the legislation demonstrates that these things are not possible by imposing a significant economic cost. The legislation shows that the u. S. Will hold countries and private entities accountable for compliance with International Rules and law. Kim jonguns backward calculus left his countryism rished and almost country impoverished. Roughly 90 of its Foreign Trade is with china which is why china can have significant leverage over north korea. China using leverage to curb north korea is very disappointing. We need to continue to pressure china to increase sanctions on north korea and elevate this issue in bilateral discussions with china. There are a number of north korean Nuclear Weapons im sorry. The number of north korean Nuclear Weapons could soon approach chinas within the next decade and that is a direct threat to regional stability. Yesterday at a hearing we attended James Clapper stated north korea is expanding its uranium enrichment activities, restarted plutonium production and could start extracting plutonium from spent fuel within a matter of months. China can no longer turn a blind eye to this. As a permanent member of the u. N. Security council, china needs to help Foster International peace and play the role that an International Power on the u. N. Security council needs to play. They need to play the role in additionally advancing or pushing for more human rights in north korea because they have the leverage to do so. We dont trade with north korea, our leverage is somewhat limited, but china with a 90 trade share has that leverage. The good thing about these sanctions is that they will sanction the activities of Chinese Companies and entities that are trading with north korea, and that secondary sanction i think has the ability to work and put pressure on. Weve seen recently how sanctions can work in another context, in the iran context and the architects of the sanction policy with iran are in this room and they deserve praise because theres no way that iran, a rogue nation that was moving forward to develop Nuclear Weapons, would have ever entertained a diplomatic discussion to try to put limits on that program had it not been for sanctions that were designed to have a strategic and careful effect. And so we need to do the same thing here. And these sanctions do that. In conclusion, the United States has got to undertake a more proactive approach to north korea to address the nuclear Ballistic Missile programs. This legislation is good because it not only puts Congress Even more firmly on the record in opposition to north koreas activity, but it also provides the executive branch a more robust set of policy tools to confront the threat thats posed by pyongyang. This is an example of legislation that came out of the Committee Bipartisan and unanimous. It represents the best of bipartisan Foreign Policy legislation and im strongly in support of the bill. With inwith that, i yield the f. Mr. Cardin madam president . The presiding officer the senator from maryland. Mr. Cardin i first want to thank senator kaine for his input in this legislation and so much other legislation that goes through the senate Foreign Relations committee. Hes an extremely valuable member of our committee, a really good thinker. But more importantly, he listens to others on the committee and finds a common way that we can make Important National Foreign Policy issues bipartisan. And hes done that, did that with the iran review act, in reaching a way that we could bring that together in a bipartisan manner. He was very helpful on the north korean sanction bill that we have on the floor here. So i want to thank senator kaine for his contributions. And senator corker, i know we are getting madam president , were getting near the end of this debate. Ive been listening to debate throughout the day, and i think it points out the best traditions of the United States senate. So many members have come to the floor in serious debate about the National Security challenge that north korea presents not just, as i said, to the Korean Peninsula, not just to our allies in east asia, but globally and how u. S. Leadership is going to be vitally important and were going to act. The United States is going to act. The United States said tonight its going to pass a very strong sanction bill, very strong message bill that we do not intend to sit back and let north korea proliferate their weapons of mass destruction. We also dont plan to sit back and let them commit gross violations of human rights. We wont sit back and allow them to attack our intellectual property through Cyber Attacks and that we are going to act as one, united. Were going to act, democrats and republicans, house and senate, well work with the administration, were going to get this done. And then, yes, we are going to go to the International Community. We are going to put pressure on our other countries. We know that the republic of korea is with us. We know that japan is with us. China needs to be with us. And were going to go and talk to china and explain and work with them so that we can get International Pressure to isolate the north korean regime until they change their course. Its critically important to our security, but also to the people of north korea. So i thought this debate has been in the best tradition of the United States senate. Again, we have the architects, as senator kaine pointed out, of drafting this bill. Senator corkers leadership clearly set the climate in our committee so that we could have that type of debate. Im sorry that no one here could sit in on some of senator corkers and senator menendezs meetings as they were negotiating specific terms of the bill. Each had their views but they listened to each other and they recognized by listening to each other, they could come out at the end of the day with a stronger bill and as a result our two colleagues, we were able to reach that Common Ground and i think very shortly were going to be able to show the people of this country the best traditions of the United States senate on Foreign Policy issues and im very proud to work with senator corker and my colleagues on this bill. Thank you, madam president. Mr. Corker madam president , obviously i appreciate the comments the presiding officer the senator from tennessee. Mr. Corker thank you, madam president. I appreciate the comments of the distinguished Ranking Member, our former chairman, senator menendez is here. Senator gardner, the two of them were way ahead of the senate in many ways in addressing this issue prior to this, these last provocations by north korea. And i want to thank them for that and then again, as senator kaine mentioned, doing it in the best fashion of the United States senate where where there are differences we Work Together to hammer those out and end up as senator cardin just mentioned, with a stronger piece of legislation. I want to also commend the house. I mean, they sent over a very good bill. They really did. It was strong. You know, senator gardner and senator menendez, with all of us working together, were able to broaden it out and to deal with some other issues that were not dealt with in that piece of legislation. And the fact is things have occurred since that legislation passed that i think have caused people to want to put in place a much stronger, much bolder footprint as it relates to north korea. Whats amazing and i appreciated your comments about senator kaine, i dont think we have a more thoughtful nor more principled member on our committee and i dont think there is any way the iran review act would have occurred without him taking the steps that he did to break the logjam at that time lets face it, with some important constituents that mattered, and it really allowed us to move ahead with it, obviously senator menendez on the front end and senator cardin as a new Ranking Member, but whats amazing in many ways is that north korea has gotten this far along. I mean, its been through multiple, multiple administrations, differing parties. Over the last 20 years theyve just continued to move along. And while i think our nation did a really good job in focusing on the problems that iran was creating, and senator menendez who is sitting beside me here certainly led in putting sanction in place with senator kirk and others, we moved swiftly to arrest that and hopefully while we had disagreements over the content of the actual agreement and thats represented by differences and votes on the agreement itself, it did bring them to the table. And whats amazing is that, you know, again, theyve progressed so far along, way beyond where iran is. Whats also amazing to me is that china, im going to be having those conversations, by the way, with our counterparts this weekend in munich regarding this very issue. And whats amazing to me is you have right on their border this country which is definitely, you have to say a rogue country. That is creating provocations in the region. Weve all visited the d. M. Z. And see the fact we have 28,500 troops right there, they are there to keep peace. They have been there, by the way, since 1953. So were right there in the region, we have allies, and again its just amazing that its gone this far, that china has not been willing to take the steps that, as senator kaine mentioned, their 90 trade partner easily could cause this to go in a very different direction. But even more importantly here we are taking action that i hope will lead to other members of the International Community joining us in sanctions but china, the very entity that could do something about this, is blocking the u. N. Security councils action towards this being done in a multilateral basis on the front end. But this is what happens. The United States senate in the past has taken unilateral action. We know that we are much better off with multilateral sanctions. A lot of times it starts this way. It started this way with iran. Over time, we were able to build worldwide support or mostly worldwide support towards isolating them and causing them to come to the table. Again, this entity, this country is much further along. Hopefully well have the same success, but we have to realize this is going to take, because of the 20 years of efforts that they have under way and especially the bold steps they have taken since 2003 that senator gardner so aptly outlined in an earlier discussion, we will have to do far more than this. We need to put this in place but were also going to have to remain diligent and keep moving ahead, and it may take additional actions down the road. Its certainly going to take tremendous oversight and involvement by the administration and the administration to follow and the administration after them. This is a great step, though, for the United States senate. Its a great step for our country. Again, i want to thieng our house colleagues. My guess is well send this bill back over this evening about 5 45. Some changes may be made, it will go to the president , and we will have spoken with one voice, and the best in the best way the United States senate speaks, in a strong way, and we will be doing something that again furthers the safety and security of our own citizens, which is what were here about. With that, i yield the floor. A senator madam president . The presiding officer the senator from virginia. Mr. Kaine madam president , i need to put the horse after the cart. I ask unanimous consent that sanjay muke, Michael Pasquel and michael eckord in my office be granted floor prisms for the remainder of the 114th congress. The presiding officer without objection. The senator from new jersey. Mr. Menendez madam president , i just want to take a moment as we are winding down this debate, the debate that has been extraordinary not only because of its unanimity, which i think is incredibly important when we are facing a challenge to the National Security and interests of the United States, but also because of the tone and tenor and the seriousness of the issue which members on both sides have taken to it. And thats incredibly important. I know that my colleagues, the distinguished chairman and the distinguished Ranking Member have spoken to this, but it is important to note that when the senate on a bipartisan basis perceives a real threat to the potential National Security of the United States and of significant allies, that it can come together and send not just a powerful message but a powerful strategy to try to deal with that challenge. So i salute all of my colleagues who have engaged in this debate, and again i thank the leadership of the committee as well as senator gardner for working with me. You know, when i introduced this legislation last year, i felt that the time for strategic patience which had been a hallmark of our policy had run its course because we had hoped that that patience would have had a unique regime in north korea move in a different direction. But it came to a point in which multiple tests of nuclear explosions, each increasing in the size of its effectiveness, the attempts to miniaturize those efforts, the Missile Launches that were going through in addition to the terrible human rights labor camps and other Human Rights Violations inside of north korea, and what is happening to the north Korean People, that strategic patience in and of itself was not getting us to the goal, and if anything, while we were being patient, the North Koreans continued to move in a direction for which you needed what i think is a strategic resolve. And thats what we have come here to today. The bipartisan effort to have a strategic resolve, to not only focus on north korea but in the secondary sanctions to save those who want to deal with north korea and to help north korea achieve its goals in violation of International Norms. Will have a consequence, because right now we have all been focused on north korea as a government, as an entity, but this legislation now broadens that to say to those who want to help the North Koreans provide the wherewithal, the material wherewithal for their Nuclear Missile and other programs, that there is a consequence to you. And i believe that is an appropriate use of sanctions, and thats what i want to close on. On this question of sanctions. For 24 years between the House Foreign Affairs committee and the last ten in the Senate Foreign affairs committee, i have viewed u. S. Foreign policy in that peaceful diplomacy has an arsenal. That arsenal is in part how one can direct International Opinion to a country who is violating international norm, to the extent that that country can really be affected by International Opinion. North korea is an example of a country that is difficult to affect by International Opinion. The use of your age, the use of your trade as inducements to a country to act in a certain way that you hope will join the International Community and follow the norms and the international will, and then the denial of aid or trade and other sanctions as a way to get them to move away from the direction in which they are violating International Norms. And outside of that universe, International Opinion, use of aid, use of trade, denial of aid, denial of trade and sanctions particularly that we have begun to perfect in the financial sector, we can have a very powerful tool, and that shouldnt be used bluntly but nonetheless is an important tool is our arsenal of peaceful diplomacy in the world. And so being looking aside from the military universe of what is available to us, which should be our last resort, when we are talking about peaceful diplomacy, there are moments in which sanctions is the last use of our peaceful diplomacy in a way to get countries to move in a direction we want them. This moment which i think is about strategic resolve does exactly that. It uses sanctions, not just against the regime in north korea but against those who would give it the wherewithal to follow its illicit pursuits, and i think thats whats incredibly powerful about this legislation and the appropriate use of our arsenal of peaceful diplomacy in the hopes, in the hopes that we can deter the North Koreans from where they are and move in a different direction, and in the hope that we can get other countries in the world and it will have to be more than hope. It will have to be also a strategic resolve to get those other countries to join us as we did in the case of iran. We did not start with the world wanting to come together with us because of their economic interests and other strategic interests. We ultimately through American Leadership drove the moment in which we had a Multilateral International effort that brought the iranians to the negotiating table. It is my hope that the beginning of what happens here in the senate today begins a process that can proselytize others in the world to come and join us so that the Nuclear Nightmare that is potentially north korea never, ever is materialized. And with that, i hope we have an overwhelming unanimous vote on this legislation, and again i thank the leadership for working with us, and i yield the floor. Mr. Cardin madam president . The presiding officer the senator from maryland. Mr. Cardin i think as you listened to my colleagues you know how proud we are to serve with people who have such deep knowledge and strategic views on how we as a nation can better defend ourselves and lead the world. Senator menendezs comments about americas strength, yes, i think everyone understands that we had the great we have the greatest arsenal in the world, and we do, but america also understands the power of diplomacy, that diplomacy has to be backed up with incentives and disincentives. Incentives, yes. The american taxpayer is generous on Development Assistance and our assistance in helping countries develop into stronger democracies in which they can be stronger economies and have a better life for its people and by the way be better consumers of u. S. Products. Thats what america does to offer incentives, but we also lead the world in saying if you do not follow the international acceptable norms, there will be consequences, and those consequences mean that we will not let you do commerce to strengthen your ability to harm your neighbors and to harm global security. And thats what senator menendez was talking about. The sanctions that were imposing here are aimed directly at north koreas ability to compile weapons of mass destruction, to harm their own people and to harm others with the use of asylum. Thats what these sanctions are aimed about. They are aimed to prevent them from being able to do it. It also shows u. S. Leadership because our allies look to the u. S. First. Look, its an International Financial system, and if the United States is not prepared to move forward, you cannot expect the rest of the of our allies to move ahead, so its a clear signal that we are prepared to take these actions. We are taking these actions. Were going to take them by ourselves if we have to, but it will be much more effective if we can get the International Community to support us. And senator menendez is absolutely correct. I remember when we did this against the part tied south africa and we were able to get actions taken by other countries after we acted. Youre absolutely correct on iran. We acted on iran. We then got other countries to act. If the United States did not show the leadership, it would not have happened. I mean, thats now true with north korea. Our actions will help us get other countries to act so that we can hopefully accomplish our goal of a peaceful north korea without the use of our military might. But let me just explain whats at stake here. We all understand the tests that are going on, the socalled satellite tests. Thats to develop a missile that can deliver a weapon well beyond the republic of korea, that could directly attack u. S. Interests, certainly our allies interests. Thats what theyre trying to do with these tests, is developing weapons of mass destruction that could cause unspeakable damage. Thats what were trying to prevent, and its not just the direct actions by the North Koreans. They have already shown their willingness to work with other rogue states in developing weapons of mass destruction, and if we allow them to be able to accumulate these weapons, they could then transfer them to other rogue countries and they could be used against our interests. And we also know that north korea is willing to make arrangements with terrorist organizations, and these weapons could end up in the hands of terrorists and used against our interests. So thats whats at stake here. There is a lot at stake. And thats on the Weapons Program. We already saw north korea act in regards to sony on cyber. We know that this is a growing field. If we dont take action now, the circumstances are only going to get more damaging to our u. S. Interests. And the one area that i really do congratulate senator gardner and senator menendez for bringing to this bill, and that is the human rights issues, the gross violations of human rights. We talked about those. Theres no country in the world that is worse in treating its citizens than north korea. Theyre literally starving their population, starving their population. They torture their population. They have these they imprison anyone who dares to say anything against the government. They execute, just do summary executions if they dont like you. We know that. Its been documented, documented over and over again. And this legislation speaks to american values. Our strength is in our arsenal, our strength is in our universal values, that we wont allow that to happen. That, yes, we have an interest in how the people of north korea are treated. That these are International Norms that have been violated by north korea. So i just wanted to follow up with senator menendez because i thought he articulated it so well about americas strength and how we act. It is not just because we have the best military in the world. Its because we have the will to stand up for values that are important for not only our National Security but for global security. And when the United States leads, other countries join us, and we get results. And hopefully were going to be able to change north koreas conduct through these measures. Thats in the best interests of the United States. Thats in the best interests of our allies, and its in the best interests of north korea. Thats what this legislation speaks to. And i share senator menendezs hope that well see a very strong vote in a few minutes, and i know that my colleagues on both sides of the aisle have expressed their views on this, and, madam president , i just urge everyone to support this effort and to show americas resolve in a united policy in this regard. With that, madam president , i would yield the floor and suggest the absence ill yield the floor. Mr. Gardner madam president . The presiding officer the senator from colorado. Mr. Gardner madam president , i want to thank all of my colleagues for their thoughtful input during this debate. Weve had great discussions from numerous members whove come to the floor throughout the day to discuss north korea and the north korea sanctions and policy enhancement act. I want to thank chairman corker for his leadership on the committee and the product today, which is a very good bipartisan sanctions action that i hope and agree with senator menendez, our colleague from new jersey that this will indeed receive unanimous hopefully support and to thank you, senator menendez, through the chair, for his efforts to make this a success. And to, of course, the Ranking Member of the committee and the Ranking Member of the asia subcommittee as well, for the work we set out a year ago to work on this problem, address this challenge. The purpose of the north korea sanctions and policy enhancement act is very simple. The purpose of the bill is to peacefully disarm north korea through mandatory sanctions that would deprive the regime of the means to build its nuclear and Ballistic Missile programs. To deriv deprive the regime from carrying out its gross abuse of the human rights of its own people. Obviously theres more work to dovment the discussions today talk about the work we have to do with our colleagues on the other side of the aisle, in the other chamber. The work we have to make sure the United Nations Security Council recognizes this challenge. To make sure that china understands that we shouldnt have a nuclear north korea. So lets build that relationship of cooperation with china. Lets build that relationship with trilateral lines between south korea, japan, the United States. Those are the things that we can begin to accomplish with this legislation. It was a conversation i had with admiral gortney not too long ago, a conversation about north korea, what he sees. And through his comments you can tell his concern that he believes the situation in the Korean Peninsula is at its most unstable point since the armistice. Over six decades, we today are seeing the most unstable point on the Korean Peninsula because of a rogue regime that tortures its own people, that kills its own leaders, and deprives the Human Dignity of its citizens. Strategic patience has failed. One expert said that weve moved from strategic patience to benign neglect. Thats not leadership. And so today we start a new policy based on strength, not patience. This legislation would mandate, not simply authorize but mandate the imposition of sanctions against all persons that materially contribute to north Koreas Nuclear and Ballistic Missile development, import luxury