[Congressional Record Volume 160, Number 116 (Wednesday, July 23, 2014)]
[Senate]
[Pages S4764-S4770]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. LEAHY (for himself and Ms. Collins):
S. 2646. A bill to reauthorize the Runaway and Homeless Youth Act,
and for other purposes; to the Committee on the Judiciary.
Mr. LEAHY. Mr. President, I come to the Senate floor today to
introduce the Leahy-Collins Runaway and Homeless Youth and Trafficking
Prevention Act. The prevalence of homelessness among young people in
America is deplorable. There are 1.6 million homeless teens in the
United States. This problem is not limited to large cities. Its impact
is felt strongly in smaller communities and rural areas, including in
my home State of Vermont. It affects our young people directly and
reverberates throughout our families and communities.
The Runaway Youth Act, first signed into law in 1974, has proven
essential to providing the services and resources that runaway and
homeless youth need, and our continued support is vital. Thirty-nine
percent of the homeless population is under the age of 18, and the
average age at which a teen becomes homeless is 14.7 years old. These
numbers are stark reminders of our duty as a nation to protect the most
vulnerable among us.
This bill reauthorizes funding for key elements of the Runaway and
Homeless Youth Programs, including the Basic Center Program, which
provides short-term emergency shelter and family reunification services
to runaway and homeless youth. The Transitional Living Program provides
longer term residential services, life skills, education, and
employment support to older homeless youth. This bill reauthorizes the
Street Outreach Program, which is staffed by workers who go out into
the community to provide crisis intervention and services referrals to
runaway and homeless youth on the street and at drop-in centers. It
also supports funding for national support activities like the national
runaway youth crisis line, and access to evaluation tools to help
grantees track the success of their efforts and ensure that Federal
funding is supporting only the most effective programs.
This reauthorization includes new and important provisions to combat
human trafficking. Victims of sexual exploitation and trafficking in
persons and runaway and homeless youth--two of our most vulnerable
populations--are intersecting populations. Runaway and homeless youth
service providers are uniquely situated to identify victims of sexual
exploitation and trafficking in persons. These youth have specific
needs and this bill ensures that victims of trafficking will be
identified as such, and receive the appropriate services.
Another improvement made by this reauthorization is a provision to
improve support for family reunification and intervention. Service
providers will be able to use grant funds to encourage the resolution
of family problems through counseling and other services. Family
support is critical to providing stability for homeless youth, and this
new provision will help boost positive outcomes.
I am proud that this bill contains a new nondiscrimination clause to
prohibit any grantee from discriminating against a child based on their
sexual orientation or gender identity. It is estimated that 40 percent
of the runaway and homeless youth population identifies as LGBT. It is
clear that this community needs the services authorized under the
Runaway and Homeless Youth Act. No young person should be turned away
from these essential services.
Supporting our youth when they are most in need and helping to get
them back on their feet benefits us all. Homeless children are less
likely to finish school, more likely to enter our juvenile justice
system, and are ill-equipped to find a job. The services authorized by
this bill are designed to intervene early and encourage the development
of successful, productive young adults.
I have heard from dozens of service providers urging swift passage of
this legislation. These are the people who are there on the frontlines
when youth have nowhere else to turn. Without the programs funded
through the Runaway and Homeless Youth Act, hundreds of thousands of
children would be left on the street.
I thank Senator Collins for working with me on this legislation and
for joining me as an original cosponsor. I hope all Senators will join
us in supporting the prompt passage of the Leahy-Collins Runaway and
Homeless Youth and Trafficking Prevention Act on the Senate floor.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 2646
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Runaway and Homeless Youth
and Trafficking Prevention Act''.
SEC. 2. REFERENCES.
Except as otherwise specifically provided, whenever in this
Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a provision, the amendment or
repeal shall be considered to be made to a provision of the
Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.).
SEC. 3. FINDINGS.
Section 302 (42 U.S.C. 5701) is amended--
(1) in paragraph (2), by inserting ``age, gender, and
culturally and'' before ``linguistically appropriate'';
(2) in paragraph (4), by striking ``outside the welfare
system and the law enforcement system'' and inserting ``, in
collaboration with public assistance systems, the law
enforcement system, and the child welfare system'';
(3) in paragraph (5)--
(A) by inserting ``a safe place to live and'' after ``youth
need''; and
(B) by striking ``and'' at the end;
(4) in paragraph (6), by striking the period and inserting
``; and''; and
(5) by adding at the end the following:
``(7) runaway and homeless youth are at a high risk of
becoming victims of sexual exploitation and trafficking in
persons.''.
SEC. 4. BASIC CENTER GRANT PROGRAM.
(a) Grants for Centers and Services.--Section 311(a) (42
U.S.C. 5711(a)) is amended--
(1) in paragraph (1), by striking ``services'' and all that
follows through the period and inserting ``safe shelter and
services, including trauma-informed services, for runaway and
homeless youth and, if appropriate, services for the families
of such youth, including (if appropriate) individuals
identified by such youth as family.''; and
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``mental health,'';
(B) in subparagraph (B)--
(i) in clause (i), by striking ``21 days; and'' and
inserting ``30 days;''; and
(ii) in clause (ii)--
(I) by inserting ``age, gender, and culturally and
linguistically appropriate'' before ``individual'';
(II) by inserting ``, as appropriate,'' after ``group'';
and
(III) by striking ``as appropriate'' and inserting
``including (if appropriate) counseling for individuals
identified by such youth as family''; and
(iii) by adding at the end the following:
``(iii) suicide prevention services; and''; and
(C) in subparagraph (C)--
(i) in clause (ii), by inserting ``age, gender, and
culturally and linguistically appropriate'' before ``home-
based services'';
(ii) in clause (iii), by striking ``and'' at the end;
(iii) in clause (iv), by striking ``diseases.'' and
inserting ``infections;''; and
(iv) by adding at the end the following:
[[Page S4765]]
``(v) trauma-informed and gender-responsive services for
runaway or homeless youth, including such youth who are
victims of trafficking in persons or sexual exploitation; and
``(vi) an assessment of family engagement in support and
reunification (if reunification is appropriate),
interventions, and services for parents or legal guardians of
such youth, or (if appropriate) individuals identified by
such youth as family.''.
(b) Eligibility; Plan Requirements.--Section 312 (42 U.S.C.
5712) is amended--
(1) in subsection (b)--
(A) in paragraph (5), by inserting ``, or (if appropriate)
individuals identified by such youth as family,'' after
``parents or legal guardians'';
(B) in paragraph (6), by striking ``cultural minority and
persons with limited ability to speak English'' and inserting
``cultural minority, persons with limited ability to speak
English, and runaway or homeless youth who are victims of
trafficking in persons or sexual exploitation'';
(C) by striking paragraph (7) and inserting the following:
``(7) shall keep adequate statistical records profiling the
youth and family members of such youth whom the applicant
serves, including demographic information on and the number
of--
``(A) such youth who are not referred to out-of-home
shelter services;
``(B) such youth who are members of vulnerable or
underserved populations;
``(C) such youth who are victims of trafficking in persons
or sexual exploitation, disaggregated by--
``(i) such youth who have been coerced or forced into a
commercial sex act, as defined in section 103 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102);
``(ii) such youth who have been coerced or forced into
other forms of labor; and
``(iii) such youth who have engaged in a commercial sex
act, as so defined, for any reason other than by coercion or
force;
``(D) such youth who are pregnant or parenting;
``(E) such youth who have been involved in the child
welfare system; and
``(F) such youth who have been involved in the juvenile
justice system;'';
(D) by redesignating paragraphs (8) through (13) as
paragraphs (9) through (14);
(E) by inserting after paragraph (7) the following:
``(8) shall ensure that--
``(A) the records described in paragraph (7), on an
individual runaway or homeless youth, shall not be disclosed
without the consent of the individual youth and parent or
legal guardian of such youth, or (if appropriate) an
individual identified by such youth as family, to anyone
other than another agency compiling statistical records or a
government agency involved in the disposition of criminal
charges against an individual runaway or homeless youth; and
``(B) reports or other documents based on the statistics
described in paragraph (7) shall not disclose the identity of
any individual runaway or homeless youth;'';
(F) in paragraph (9), as so redesignated, by striking
``statistical summaries'' and inserting ``statistics'';
(G) in paragraph (13)(C), as so redesignated--
(i) by striking clause (i) and inserting:
``(i) the number and characteristics of runaway and
homeless youth, and youth at risk of family separation, who
participate in the project, including such information on--
``(I) such youth (including both types of such
participating youth) who are victims of trafficking in
persons or sexual exploitation, disaggregated by--
``(aa) such youth who have been coerced or forced into a
commercial sex act, as defined in section 103 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102);
``(bb) such youth who have been coerced or forced into
other forms of labor; and
``(cc) such youth who have engaged in a commercial sex act,
as so defined, for any reason other than by coercion or
force;
``(II) such youth who are pregnant or parenting;
``(III) such youth who have been involved in the child
welfare system; and
``(IV) such youth who have been involved in the juvenile
justice system; and''; and
(ii) in clause (ii), by striking ``and'' at the end;
(H) in paragraph (14), as so redesignated, by striking the
period and inserting ``for natural disasters, inclement
weather, and mental health emergencies;''; and
(I) by adding at the end the following:
``(15) shall provide age, gender, and culturally and
linguistically appropriate services to runaway and homeless
youth; and
``(16) shall assist youth in completing the Free
Application for Federal Student Aid described in section 483
of the Higher Education Act of 1965 (20 U.S.C. 1090).''; and
(2) in subsection (d)--
(A) in paragraph (1)--
(i) by inserting ``age, gender, and culturally and
linguistically appropriate'' after ``provide'';
(ii) by striking ``families (including unrelated
individuals in the family households) of such youth'' and
inserting ``families of such youth (including unrelated
individuals in the family households of such youth and, if
appropriate, individuals identified by such youth as
family)''; and
(iii) by inserting ``suicide prevention,'' after ``physical
health care,''; and
(B) in paragraph (4), by inserting ``, including training
on trauma-informed and youth-centered care'' after ``home-
based services''.
(c) Approval of Applications.--Section 313(b) (42 U.S.C.
5713(b)) is amended--
(1) by striking ``priority to'' and all that follows
through ``who'' and inserting ``priority to eligible
applicants who'';
(2) by striking ``; and'' and inserting a period; and
(3) by striking paragraph (2).
SEC. 5. TRANSITIONAL LIVING GRANT PROGRAM.
Section 322(a) (42 U.S.C. 5714-2(a)) is amended--
(1) in paragraph (1)--
(A) by inserting ``age, gender, and culturally and
linguistically appropriate'' before ``information and
counseling services''; and
(B) by striking ``job attainment skills, and mental and
physical health care'' and inserting ``job attainment skills,
mental and physical health care, and suicide prevention
services''; and
(2) by redesignating paragraphs (3) through (8) and (9)
through (16) as paragraphs (5) through (10) and (12) through
(19), respectively;
(3) by inserting after paragraph (2) the following:
``(3) to provide counseling to homeless youth and to
encourage, if appropriate, the involvement in such counseling
of their parents or legal guardians, or (if appropriate)
individuals identified by such youth as family;
``(4) to provide aftercare services, if possible, to
homeless youth who have received shelter and services from a
transitional living youth project, including (to the extent
practicable) such youth who, after receiving such shelter and
services, relocate to a State other than the State in which
such project is located;'';
(4) in paragraph (9), as so redesignated--
(A) by inserting ``age, gender, and culturally and
linguistically appropriate'' after ``referral of homeless
youth to'';
(B) by striking ``and health care programs'' and inserting
``mental health service and health care programs, including
programs providing comprehensive services to victims of
trafficking in persons or sexual exploitation,''; and
(C) by striking ``such services for youths;'' and inserting
``such programs described in this paragraph;'';
(5) by inserting after paragraph (10), as so redesignated,
the following:
``(11) to develop a plan to provide age, gender, and
culturally and linguistically appropriate services that
address the needs of homeless and street youth;'';
(6) in paragraph (12), as so redesignated, by striking
``the applicant and statistical'' through ``who participate
in such project,'' and inserting ``the applicant, statistical
summaries describing the number, the characteristics, and the
demographic information of the homeless youth who participate
in such project, including the prevalence of trafficking in
persons and sexual exploitation of such youth,''; and
(7) in paragraph (19), as so redesignated, by inserting
``regarding responses to natural disasters, inclement
weather, and mental health emergencies'' after ``management
plan''.
SEC. 6. COORDINATING, TRAINING, RESEARCH, AND OTHER
ACTIVITIES.
(a) Coordination.--Section 341 (42 U.S.C. 5714-21) is
amended--
(1) in the matter preceding paragraph (1), by inserting
``safety, well-being,'' after ``health,''; and
(2) in paragraph (2), by striking ``other Federal
entities'' and inserting ``the Department of Housing and
Urban Development, the Department of Education, the
Department of Labor, and the Department of Justice''.
(b) Grants for Technical Assistance and Training.--Section
342 (42 U.S.C. 5714-22) is amended by inserting ``, including
onsite and web-based techniques, such as on-demand and online
learning,'' before ``to public and private entities''.
(c) Grants for Research, Evaluation, Demonstration, and
Service Projects.--Section 343 (42 U.S.C. 5714-23) is
amended--
(1) in subsection (b)--
(A) in paragraph (5)--
(i) in subparagraph (A), by inserting ``violence, trauma,
and'' before ``sexual abuse and assault'';
(ii) in subparagraph (B), by striking ``sexual abuse and
assault; and'' and inserting ``sexual abuse or assault,
trafficking in persons, or sexual exploitation;''; and
(iii) in subparagraph (C), by striking ``who have been
sexually victimized'' and inserting ``who are victims of
sexual abuse or assault, trafficking in persons, or sexual
exploitation''; and
(iv) by adding at the end the following:
``(D) best practices for identifying and providing age,
gender, and culturally and linguistically appropriate
services to--
``(i) vulnerable and underserved youth populations; and
``(ii) youth who are victims of trafficking in persons or
sexual exploitation; and
``(E) verifying youth as runaway or homeless to complete
the Free Application for Federal Student Aid described in
section 483 of the Higher Education Act of 1965 (20 U.S.C.
1090);'';
(B) in paragraph (9), by striking ``and'' at the end;
(C) in paragraph (10), by striking the period and inserting
``; and''; and
(D) by adding at end the following:
[[Page S4766]]
``(11) examining the intersection between the runaway and
homeless youth populations and trafficking in persons,
including noting whether such youth who are victims of
trafficking in persons were previously involved in the child
welfare or juvenile justice systems.''; and
(2) in subsection (c)(2)(B), by inserting ``, including
such youth who are victims of trafficking in persons or
sexual exploitation'' after ``runaway or homeless youth''.
(d) Periodic Estimate of Incidence and Prevalence of Youth
Homelessness.--Section 345 (42 U.S.C. 5714-25) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``13'' and inserting ``12''; and
(ii) by striking ``and'' at the end;
(B) in paragraph (2), by striking the period and inserting
a semicolon; and
(C) by adding at the end the following:
``(3) that includes demographic information about and
characteristics of runaway or homeless youth, including such
youth who are victims of trafficking in persons or sexual
exploitation; and
``(4) that does not disclose the identity of any runaway or
homeless youth.''; and
(2) in subsection (b)(1)--
(A) in the matter preceding subparagraph (A), by striking
``13'' and inserting ``12'';
(B) in subparagraph (A), by striking ``and'' at the end;
(C) by redesignating subparagraph (B) as subparagraph (C);
(D) by inserting after subparagraph (A) the following:
``(B) incidences, if any, of--
``(i) such individuals who are victims of trafficking in
persons; or
``(ii) such individuals who are victims of sexual
exploitation; and''; and
(E) in subparagraph (C), as so redesignated--
(i) in clause (ii), by striking ``; and'' and inserting ``,
including mental health services;''; and
(ii) by adding at the end the following:
``(iv) access to education and job training; and''.
SEC. 7. SEXUAL ABUSE PREVENTION PROGRAM.
Section 351 (42 U.S.C. 5714-41) is amended--
(1) in subsection (a)--
(A) by inserting ``public and'' before ``nonprofit''; and
(B) by striking ``prostitution, or sexual exploitation.''
and inserting ``violence, trafficking in persons, or sexual
exploitation.''; and
(2) by adding at the end the following:
``(c) Eligibility Requirements.--To be eligible to receive
a grant under subsection (a), an applicant shall certify to
the Secretary that such applicant has systems in place to
ensure that such applicant can provide age, gender, and
culturally and linguistically appropriate services to all
youth described in subsection (a).''.
SEC. 8. GENERAL PROVISIONS.
(a) Reports.--Section 382(a) (42 U.S.C. 5715(a)) is
amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (B) through (D) as
subparagraphs (C) through (E), respectively; and
(B) by inserting after subparagraph (A) the following:
``(B) collecting data on trafficking in persons and sexual
exploitation of runaway and homeless youth;''; and
(2) in paragraph (2)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) the number and characteristics of homeless youth
served by such projects, including--
``(i) such youth who are victims of trafficking in persons
or sexual exploitation;
``(ii) such youth who are pregnant or parenting;
``(iii) such youth who have been involved in the child
welfare system; and
``(iv) such youth who have been involved in the juvenile
justice system;''; and
(B) in subparagraph (F), by striking ``intrafamily
problems'' and inserting ``problems within the family,
including (if appropriate) individuals identified by such
youth as family,''.
(b) Nondiscrimination.--Part F is amended by inserting
after section 386A (42 U.S.C. 5732-1) the following:
``SEC. 386B. NONDISCRIMINATION.
``(a) In General.--No person in the United States shall, on
the basis of actual or perceived race, color, religion,
national origin, sex, gender identity (as defined in section
249(c)(4) of title 18, United States Code), sexual
orientation, or disability, be excluded from participation
in, denied the benefits of, or subjected to discrimination
under any program or activity funded in whole or in part with
funds made available under this title, or any other program
or activity funded in whole or in part with amounts
appropriated for grants, cooperative agreements, or other
assistance administered by the Administration for Children
and Families of the Department of Health and Human Services.
``(b) Disqualification.--Any State, locality, organization,
agency, or entity that violates the requirements of
subsection (a) shall not be eligible to receive any grant,
assistance, or funding provided under this title.''.
(c) Definitions.--Section 387 (42 U.S.C. 5732a) is
amended--
(1) by redesignating paragraphs (7) and (8) as paragraphs
(8) and (9), respectively;
(2) in paragraph (5)(B)(v)--
(A) by redesignating subclauses (II) through (IV) as
subclauses (III) through (V), respectively;
(B) by inserting after subclause (I), the following:
``(II) trafficking in persons;'';
(C) in subclause (IV), as so redesignated--
(i) by striking ``diseases'' and inserting ``infections'';
and
(ii) by striking ``and'' at the end;
(D) in subclause (V), as so redesignated, by striking the
period and inserting ``; and''; and
(E) by adding at the end the following:
``(VI) suicide.'';
(3) in paragraph (6)(B), by striking ``prostitution,'' and
inserting ``trafficking in persons,'';
(4) by inserting after paragraph (6), the following:
``(7) Trafficking in persons.--The term `trafficking in
persons' has the meaning given the term `severe forms of
trafficking in persons' in section 103 of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7102).'';
(5) in paragraph (8), as so redesignated--
(A) by inserting ``to homeless youth'' after ``provides'';
and
(B) by inserting ``, to establish a stable family or
community supports,'' after ``self-sufficient living''; and
(6) in paragraph (9)(B), as so redesignated--
(A) in clause (ii)--
(i) by inserting ``or able'' after ``willing''; and
(ii) by striking ``or'' at the end;
(B) in clause (iii), by striking the period and inserting
``; or''; and
(C) by adding at the end the following:
``(iv) who is involved in the child welfare or juvenile
justice system, but who is not receiving government-funded
housing.''.
(d) Authorization of Appropriations.--Section 388(a) (42
U.S.C. 5751(a)) is amended--
(1) in paragraph (1), by striking ``for fiscal year 2009,''
and all that follows through the period and inserting ``for
each of fiscal years 2015 through 2019.'';
(2) in paragraph (3)(B), by striking ``such sums as may be
necessary for fiscal years 2009, 2010, 2011, 2012, and
2013.'' and inserting ``$2,000,000 for each of fiscal years
2015 through 2019.''; and
(3) in paragraph (4), by striking ``for fiscal year 2009''
and all that follows through the period and inserting ``for
each of fiscal years 2015 through 2019.''.
Ms. COLLINS. Mr. President, I rise today to introduce the Runaway and
Homeless Youth and Trafficking Prevention Act with Senate Judiciary
Committee Chairman Leahy. This bill would reauthorize the Runaway and
Homeless Youth Act, which expired last September. The programs
supported by this Act have provided lifesaving services and housing for
America's homeless and human trafficked youth for forty years and are a
vital tool in addressing the problem of homelessness among young people
in our country.
Homelessness is affecting youth in unprecedented numbers. According
to the Health Resources and Services Administration, there are
approximately 1.6 million homeless teens in the United States. Some
advocacy groups estimate that 39 percent of the homeless population is
under the age of 18. Some of these youth may stay away from home for
only one or two nights, while others have been living on the street for
years.
Of the 1.6 million homeless youth, the National Alliance to End
Homelessness estimates that, in any given year, there are approximately
550,000 unaccompanied, single youth and young adults up to age 24 who
experience a homelessness episode of longer than one week.
Approximately 200,000 youth each year live permanently on the street--a
life that is extremely difficult, often dangerous, and unhealthy.
Sadly, 5,000 teenagers are buried each year in unmarked graves either
because they are unidentified or unclaimed.
Teens run away and become homeless for many reasons. A study
conducted by the U.S. Department of Health and Human Services found
that 46 percent of homeless youth left home because of physical abuse
and 17 percent because of sexual abuse. This population is at greater
risk of suicide, unintended pregnancy, and substance abuse. Many are
unable to continue with school and are more likely to enter our
juvenile justice system.
As the Ranking Member of the Transportation, Housing and Urban
Development, and Related Agencies Subcommittee on Appropriations, I
have made addressing homelessness a priority. Since 2010, we have seen
a 16 percent drop in chronic homelessness. We must build on this
success and ensure our nation's homeless youth have opportunities to
succeed just as other youth. The Administration has set a goal, which I
fully support, to prevent and end youth homelessness by 2020.
The programs reauthorized by this bill serve homeless youth by
meeting
[[Page S4767]]
their immediate needs and providing long-term residential services for
youth who cannot be safely reunified with family. In 2013, 94 percent
of the minors who entered Basic Center Programs exited these programs
safely and appropriately, and 72 percent were reunited with their
families. Similarly, 88 percent of youth in Transitional Living
Programs made safe and appropriate exits.
In Portland, Maine, the Preble Street Resource Center has used
Runaway and Homeless Youth Act resources to connect with youth who need
food, a safe place to sleep, health services, and education support.
Over 200 individual youth were served at the Joe Kreisler Teen Shelter
last year, and dozens received the support they needed to return home,
find independent living options, and deal with trauma, substance abuse,
and mental health challenges. The Street Outreach Program allows Preble
Street to operate a Drop-In center and helps caseworkers and social
workers connect with youth who appear homeless or in distress. This
support often translates into powerful success stories. In fact, Preble
Street has seen some of its youth go on to become physicians,
attorneys, film makers, and social workers.
Mr. President, homeless youth are at high risk of victimization,
abuse, targeting by human traffickers, criminal activity, and death.
Research shows that 40 to 60 percent of homeless youth have experienced
physical abuse. Without a safe place to stay, young people suffer and
remain disconnected from education, the workforce, and community
involvement, and they struggle to enter adulthood successfully.
The Runaway and Homeless Youth and Trafficking Prevention Act will
support the critically needed services for young people who run away,
are thrown out, or are disconnected from families. A caring and safe
place to sleep, eat, grow, and develop is critical for all young
people, and the programs reauthorized through this legislation help
extend those basic services to the most vulnerable youth in our
communities.
I urge my colleagues to join Senator Leahy and me in supporting this
bill.
______
By Mr. CORKER (for himself, Mr. Graham, Mr. Rubio, Mr. McCain,
Mr. Risch, and Mr. Johnson of Wisconsin):
S. 2650. A bill to provide for congressional review of agreements
relating to Iran's nuclear program, and for other purposes; to the
Committee on Foreign Relations.
Mr. CORKER. Mr. President, in order to set the context, I am going to
say a few words on the opening, and then enter into a discussion with
Senator Graham, Senator Rubio, and Senator McCain. But let me say that
all of us--I know certainly myself--want to start by saying I strongly
support the negotiations regarding Iran's nuclear program. I also
strongly support the President's stated goal that we must prevent Iran
from obtaining a nuclear weapon.
Congress, in fact, has led the way on this point--Senator Graham,
Senator Menendez, and many others, Senator Kirk--by building a broad
multilateral sanctions regime that has forced Iran to the negotiating
table. That is why today we are introducing the bill, the Iran Nuclear
Negotiations Act, with a simple message: Allow Congress to weigh in on
behalf of the American people on what is one of the most important
national security issues facing our Nation.
We hope the administration reaches a good agreement over the next 4
months that will prevent a nuclear-armed Iran from becoming a reality.
But if and when they reach an agreement, let's bring all the details
out in the open. Let's examine the agreement in its entirety, and let's
determine if it is in our national security interests.
To help ensure that that is the case, Senators Graham, McCain, Rubio,
and myself are offering this bill that will do three things: First of
all, have a Congressional review. First, it allows Congress to weigh in
on any final deal the President reaches with Iran. The bill requires
the President to submit any final deal to Congress for review, and then
allows Congress to introduce a joint resolution of disapproval should
it choose to do so.
Second, it ensures Iran does not cheat on any final agreement. The
bill requires the Director of National Intelligence to report on any
violation by Iran to Congress. If determined there is credible and
accurate evidence that Iran violated the agreement, all sanctions that
have been temporarily lifted should be reimposed.
Thirdly, in order to ensure the interim deal does not become the
final deal, the bill puts a clock on negotiations. This clock is
consistent with the timeline the administration itself has outlined. If
the President does not submit a comprehensive final agreement to
Congress, all sanctions lifted under the interim agreement would be
restored immediately on November 28, 2014, 4 days after the end of the
extension period.
Let me be clear: Nothing in this bill talks about imposing new
sanctions of any kind. Nothing in this bill would prohibit Congress
from seeking further sanctions if it chooses to do so. This bill does
not dictate the terms of what a final deal should look like. Rather, it
helps to ensure the Iranians do not use the negotiations as a delaying
tactic or cover for advancing their program. This bill is all about
transparency.
The administration can go out and try to get the best deal possible.
They simply have to show Congress and the American people the results,
letting the deal fail or succeed on its own merits. This should be an
area of broad support and broad bipartisan agreement. Even Secretary
Kerry, in testimony before the Senate Foreign Relations Committee, said
that any final deal would have to pass muster with Congress.
I want to stop here. I have some additional comments I might make. I
know there are numbers of people here who wish to speak. I want to
close with this. This bill represents a constructive, responsible role
for Congress to play on this important national security issue to try
to prevent a nuclear-armed Iran, in the hope that Members on both sides
of the aisle will agree, as Secretary Kerry has stated, that any final
deal should have to pass muster with Congress and the American people.
I know Senator Graham from South Carolina--no one has played a bigger
role in trying to ensure that Iran does not become a nuclear-armed
country. With that, I would love to hear his thoughts and his reason
for wanting to be a part, with five Senators, in creating this piece of
legislation.
Mr. GRAHAM. I thank the Senator very much.
Senators McCain, Rubio, and Corker on the Foreign Relations
Committee, all have I think revived the committee, along with Senator
Menendez. The committee is probably the most effective it has been in a
very long time. The committee is doing a lot of work in a bipartisan
fashion. I hope one day this becomes a bipartisan piece of legislation.
But credit to the three of you all for coming up with this idea. I am
glad to be part of it.
I wish to hear from Senator Rubio about his view of why this
legislation is necessary.
Mr. RUBIO. Mr. President, I appreciate the opportunity to speak for a
few moments. I thank both the Senators from Tennessee, South Carolina,
and Arizona for allowing me this opportunity to join them in this
effort.
For those who are watching at home, I know so many other issues are
going on around the world--we see the things going on with regard to
Israel over the last few days; certainly the shootdown of that airplane
by Ukrainian separatists, being armed by the Russians, is of great
concern.
But what should not be lost in all of this is there is another urgent
matter before the Nation and the world; that is, the ambitions of a
rogue, radical regime in Iran to acquire a nuclear weapon that they
will use to hold the world hostage and establish dominance in the
region and in their stated goal, to destroy Israel and wipe it off the
face of the Earth.
What has happened here over the last few months, for those who have
been following this, is the White House has engaged in negotiations,
along with some other countries, with Iran to get them to walk away
from this. These negotiations have been ongoing. I have never been very
optimistic about it, although we all hope to wake up one day to the
news that the Ayatollah and the Supreme Leader in Iran and those who
surround him have somehow decided to
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walk away from this ambition and change their direction.
These negotiations are not going very well. That is why they have now
been extended for another 4 months. The administration claims there has
been great progress being made, although it is not clear what that
progress is toward. For example, Iran's right to enrich, which they do
not have one, but this right to enrich uranium has essentially been
recognized as part of these negotiations, meaning there will be no
guarantee that Iran cannot at some time in the future come back and
exploit this agreement to develop nuclear weapons. If they keep the
machines, and if they keep the process in place to enrich uranium, if
they decide at some point in the future to go from a symbolic nuclear
program, or a nascent one, into a full-fledged weapons one, they can do
that rather quickly.
That is what they have agreed to do, already allowed them to retain a
right to enrich. That, in and of itself, should be reason, in my
opinion--perhaps it is not shared by others but in my opinion--to pull
the plug on these negotiations. But it is not even clear in this
instance that the administration is still insisting that Iran dismantle
all of its nuclear-related facilities. In fact, according to some press
reports, the Iranians want to keep all of their current centrifuges and
the United States is supposedly open to allowing Iran to retain
thousands of them. Iran's Supreme Leader even said recently that they
need a larger enrichment capability than the one they currently have.
Another thing that has happened as part of this extension is that the
P5+1 countries are going to allow Iran to access another $2.8 billion
in sanctions relief. Basically what they have done here is they have
forced the hand of this extension, and they get even more relief as a
result of it.
I am also worried that the administration seems willing to allow Iran
to have even more than 4 months to provide simply answers about its
past work on nuclear weapons.
If they are not even willing to come clean on what they have done in
the past, how can we possibly treat them as a reliable, responsible
actor. Beyond that, there seems to be no attention whatsoever paid to
the need to address Iran's ballistic missile program, its ICBMs. There
is only one reason why you have ICBMs and that is these are long-range
rockets capable of one day reaching the United States as they continue
to develop them. The only reason they would even have one of those is
to put a nuclear warhead on it. Just imagine a world where Iran has
nuclear weapons capable of reaching this very city or New York or any
part of the continental United States.
It would be all-out chaos. They would now have to be treated very
differently, and they would basically be able to act with impunity
anywhere in the world. And that reaches my last point. Absent in this
whole conversation and in all these negotiations is any discussion
about Iran's ongoing sponsorship of terrorism and their ongoing human
rights violations, including a pastor--an American, with strong links
to this country--being held unjustly in that country.
All of this is to say this is the reason why this bill is so
important. Any final agreement on a matter of this consequence should
be reviewed by this body, should come before Congress, and Congress
should have the ability to provide oversight. The absence of that, I
believe, unfortunately, leaves us vulnerable, not only to a terrible
deal but to a dangerous one that could potentially endanger the future
of our allies and even of our own country.
I am grateful to join these Senators. I don't know who would want to
speak next. I know all of my colleagues--I know the Senator from
Arizona has spent a tremendous amount of time sounding the alarm on the
danger--not just of this deal--that Iran poses in this region.
I would be interested in hearing from the Senator from Arizona on his
views about this extension.
The PRESIDING OFFICER. The Senator from Arizona.
Mr. McCAIN. I thank the Senator from Florida and I thank him for his
advocacy for freedom and democracy throughout the world. Frankly, I
have been incredibly impressed with his knowledge and depth, including
in our own hemisphere, which I think he and I would agree has been very
much ignored. There are enormous challenges ahead there as well.
I would ask a couple of questions of my friend from Tennessee and my
friend from South Carolina.
Isn't it true that in order to have a true nuclear capability you
have to have a warhead and you have to have a delivery system, and the
Iranians are proceeding apace forward in acquiring those capabilities?
Would anybody believe that if they were truly interested in not going
to nuclear weapons, they would not be spending time and effort on that
capability?
Doesn't that destroy any credibility they might have about a
commitment to not continue the development of nuclear weapons?
Mr. GRAHAM. Well, I would say that if there was a group of people in
the world to be suspicious of, I would put Iran very close to the top
of that list.
The international intelligence community believes they have tried to
militarize their nuclear program in the past. Senator Rubio made a good
point. They deny this, but before you go forward, you would want to
answer that question: Were they engaged in militarization of what was
claimed to be a peaceful nuclear power program?
Second, why would you go through all of this upheaval, build a
nuclear powerplant secretly at the bottom of a mountain, if all you
wanted to do was have peaceful nuclear power? None of this really adds
up. Why do you need an ICBM if all you want to do is produce peaceful
nuclear power?
Having said that, suspicion is warranted here. But more than anything
else, the final deal that may be reached should come to this body
because I would suggest that of all the problems in the world today,
this is the top of the list for me.
If they did break out as did North Korea, if a bad deal turned into a
dangerous deal just as with North Korea, Sunni Arabs would respond in
kind and we are on the road to Armageddon. I cannot think of a much
worse scenario for our national security than the ayatollahs with
nukes. I cannot think of a much more direct threat to the survival of
the State of Israel than ayatollahs in Iran with nukes. I can't believe
the Sunni Arabs would allow the Shia Persians to have a nuclear
capability unanswered.
Mr. McCAIN. I would ask my friend from Tennessee, was he surprised
and shocked that there would be an extension of these negotiations? Was
he shocked and surprised that the end date is now after the midterm
elections that we have in the United States of America?
Was he shocked that even though there has not been ``sufficient
progress,'' there was still more relaxation of the sanctions, which
then gives the Iranians billions of dollars worth of a boost to their
economy? Was he surprised and shocked that this extension took place?
Mr. CORKER. Obviously, just the way the Senator asks the question--
and obviously nobody in this Senate has spent more time on these issues
than the Senator from Arizona--and I thank the Senator so much for his
leadership on the Armed Services Committee and also on the Foreign
Relations Committee and on all of these issues--absolutely not.
When you have a deal that is aimed, that says there is a built-in
extension, you know that people aren't going to focus until the very
end. So we expected there to be an extension. I was very disappointed,
though, to know that we were giving additional sanctions relief.
I am very concerned because of the way this has happened. In March
the administration agreed to allow them to enrich uranium, which was a
big setback. I mean, we don't allow our best friends. We approved one,
two, three agreements. The Senator and I just did one the other day in
the committee with Senator Rubio. Senator Risch is also a part of this
bill. But with our closest friends and allies we do not approve
enrichment.
So here we are really doing something that will undo many of the
agreements that we have and certainly have--as Senator Graham of South
Carolina mentioned--a tremendous impact on the region. There is no
question people in the Arabian Peninsula right across the strait are
looking at a
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country that has been their foe--and looking at potentially their
having the capability to enrich uranium. Yes, this agreement started in
a very bad place, but I think we all want to see a diplomatic solution.
We want this to be successful.
I would add that Rouhani has the Supreme Leader whom he has to go
back and talk to. He can always use that. The Supreme Leader, as
Senator Graham mentioned, wants 100,000 centrifuges--not the 19,000
centrifuges they have.
I would say to our administration to have us as a backstop--where
Congress has to approve this. That would actually be an aid to them as
they move down this negotiating path. I look at this as an asset to
them, and I look at our fulfilling our responsibilities if this bill
becomes law. I thank the Senator for asking.
Mr. McCAIN. Finally, could I ask the Senator from Florida, we judge
nations by their behavior, I believe. In fact, we don't view them in a
vacuum. For example, the President of the United States said that if
Syria crossed the red line in the use of chemical weapons, we would
have to respond, and obviously we didn't.
Meanwhile, 170,000 people have been slaughtered--men, women, and
children. So isn't it appropriate for us to not look at the Iranians in
a very narrow spectrum but to look at overall behavior going all the
way back to the bombing of the barracks in Beirut, the USS Cole, and a
plot to kill the Saudi Ambassador here? And maybe the worst, most of
all, is the Revolutionary Guard that has gone into Syria and the
incredible flow of weapons and training on the part of the Iranians
which has turned the tide in favor of Bashar al-Assad.
What about the Iranian missiles, some of which are threatening and
raining down on Israel. Shouldn't we understand better? Shouldn't the
American people and the world understand better what we are dealing
with--a country with leaders who are dedicated to the extinction of
everything we stand for and believe in? Therefore, wouldn't that impact
our calculations as to their sincerity about a nuclear weapons program?
Mr. RUBIO. I think the Senator from Arizona touches on the exact
point.
First, we have to understand Iran is the world's leading state
sponsor of terrorism. No nation on Earth uses terrorism as an active
form of tradecraft as they do. They use terrorism the way we use
military forces when necessary. They view it as a very active part of
their agenda.
The Senator is correct. Virtually every major terrorist organization
in the Middle East, absent a couple, they provide extraordinary
assistance to. I think the Senator touched on another point: What is
their goal? That is important to understand.
What is the Iranians' goal in these negotiations? In my mind those
goals are quite clear. In fact, it is shocking to me because I know the
administration knows this as well.
The goal of Iran is pretty simple. They want relief from as many
sanctions as possible without agreeing to any irreversible concessions
on their nuclear program.
Let's go through what they want to achieve. They want to be able to
achieve or obtain an internationally recognized right to enrich--check.
They want the capability to enrich, process in the future, and keep
that much in place as possible. They have already gotten that--check.
They want to continue to develop their long-range rockets and missile
capabilities so that one day they can be in that position where, when
we negotiate with them in the future on anything else, they are
untouchable because they can launch a nuclear attack against the United
States and certainly against our allies. They continue to do that--
check.
The Iranians in this whole negotiation view themselves to be in a
position of strength. To be quite frank, they believe that our
President wants this deal more than they do. They believe he wants this
deal more than they do, and that is what puts them in this tremendous
position of strength.
The result is that these negotiations are not going to, in my view--I
hope that I am wrong. I hope that tomorrow when we open the paper and
read: You know what. They have changed their mind. They don't want to
do any more terrorism--no more rockets and no nuclear weapons program--
and they have become just a normal government in a normal country.
Don't hold your hopes out for that because that is not what they have
shown in the past. That is not what they are doing now, and they are
negotiating from a position of strength because they know the President
wants a deal much more than they want or need a deal.
Mr. McCAIN. I would ask again, going full circle with the Senator
from South Carolina, wouldn't we actually be helping the administration
at the negotiating table to say wait a minute, we have a Congress full
of people who have spent a lot of time on this issue, are very
skeptical and, one, are going to have to be convinced of this deal?
Wouldn't we actually be strengthening the United States' hand at the
bargaining table, in the Senator's view, if it were something of this
magnitude that Congress would have to be involved in, as we have been
in other major treaties that have been made, some of them much less
significant than this agreement?
Mr. GRAHAM. The answer, unequivocally to me would be yes, assuming
one thing: that those of us in this body would handle this in a mature
fashion, assuming that Republicans would not vote no because this is
the Obama deal and Democrats would not be tempted to vote yes because
their President did this, a Democratic President.
I have confidence in the body that they would not do that. Let me
tell you why. There are a lot of treaties out there that affect our
national security. I can't think of an event in my life that is going
to affect our national security one way or the other greater than the
Iranian nuclear deal that I think is coming.
If a Republican scuttled the deal that was good, you would have a
very unique place in history because you would have done a disservice
to our country and the world at large.
Is it possible to know that it is a good deal? Yes, because the
Israelis would comment on it. The Sunni Arab world would comment on it.
If it is truly a deal unlike North Korea, which led to a bad outcome, I
think you would have a score of people, including me, that would
acknowledge that the President did the world a great service.
If it is a bad deal, if Senator Rubio is right that they want to
check the box and get a deal for the sake of getting a deal, I hope my
Democratic colleagues would stand and say: This will come back to bite
us as a nation.
I have confidence the body can do this because I can't think of
anything more serious we will vote on other than going to war.
Mr. McCAIN. I thank the Senator from Tennessee. As the Senator from
South Carolina noted, the relationship that exists between the Senator
from Tennessee and the Senator from New Jersey, I believe, has
reinvigorated the Foreign Relations Committee in a very incredible way.
What has taken place, thanks to that bipartisanship and hard work, has
really been some remarkable results.
Frankly, thanks to the Senator's leadership and under the chairman,
we have been able to have a significant impact on the conduct of
national security in what I would argue is probably the greatest
turmoil in my lifetime.
I thank the Senator from Tennessee for his great work.
Mr. CORKER. If I could, since the Senator and I have worked together
on the committee, the administration came to us when they didn't have
to. They came to us on the authorization for the use of force in Syria.
We came together over a very short amount of time, Democrats and
Republicans, and crafted something of which I am very proud. It didn't
end up coming to the floor because a different course of action was
taken, but the fact is that the administration sought our input on
something that, as the Senator from South Carolina just mentioned, may
pale compared to the impact of this Iranian negotiation relative to
nuclear arms.
So this is something that is very important. I agree with the Senator
from South Carolina--I believe that if something is presented, we would
act very much in the same manner. It would be a sober discussion.
People would understand the importance of it. And I
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think, from the administration's standpoint, the Senate saying grace
over it and approving it gives him additional buy-in from the American
people that we are behind him if they negotiate a good deal. On the
other hand, if they don't, obviously we should have the right to weigh
in and keep the sanctions that have been put in place by us.
Everybody says: Well, the administration still has to come back and
talk with you all about sanctions.
That is not true. There is a waiver provision in there. They can't be
undone permanently. But I think it gives us the appropriate say-so.
I thank the Senator so much for his leadership and for everybody's
time on the floor and for working on this issue. Hopefully, as the
Senator mentioned, this will become something that is very bipartisan.
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