[Congressional Record Volume 161, Number 132 (Tuesday, September 15, 2015)]
[Senate]
[Pages S6617-S6644]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HIRE MORE HEROES ACT OF 2015
The PRESIDING OFFICER. Under the previous order, the Senate will
resume consideration of H.J. Res. 61, which the clerk will report.
The senior assistant legislative clerk read as follows:
A joint resolution (H.J. Res. 61) amending the Internal
Revenue Code of 1986 to exempt employees with health coverage
under TRICARE or the Veterans Administration from being taken
into account for purposes of determining the employers to
which the employer mandate applies under the Patient
Protection and Affordable Care Act.
Pending:
McConnell amendment No. 2640, of a perfecting nature.
McConnell amendment No. 2641 (to amendment No. 2640), to
change the enactment date.
McConnell amendment No. 2642 (to amendment No. 2641), of a
perfecting nature.
McConnell amendment No. 2643 (to the language proposed to
be stricken by amendment No. 2640), to change the enactment
date.
McConnell amendment No. 2644 (to amendment No. 2643), of a
perfecting nature.
McConnell motion to commit the joint resolution to the
Committee on Foreign Relations, with instructions, McConnell
amendment No. 2645, to change the enactment date.
McConnell amendment No. 2646 (to (the instructions)
amendment No. 2645), of a perfecting nature.
McConnell amendment No. 2647 (to amendment No. 2646), of a
perfecting nature.
The PRESIDING OFFICER. Under the previous order, the time until 6
p.m. will be equally divided between the two leaders or their
designees.
Mr. REID. Mr. President, I suggest the absence of a quorum and ask
unanimous consent that the time be charged equally.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will call the roll.
The senior assistant legislative clerk proceeded to call the roll.
Mr. CORKER. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. CORKER. Mr. President, as you know, today we are going to have a
number of speakers coming down to talk about the deal that has been
negotiated between the P5+1 countries--China, Russia, Great Britain,
Germany, France, and the United States--and Iran. What is before us
today is something called a resolution of disapproval. I know the
procedures we deal with sometimes here on the Senate floor can be very
confusing to the public. We are going through a process where we are
trying to seek cloture. Cloture is a vote where people decide whether
they are going to end debate on a topic and move toward the final vote,
to cast their vote on the substance of what is before us.
We had a similar type of vote before we left on Thursday. We had 58
Senators--a bipartisan majority--who wanted to move to a final vote. As
a matter of fact, we had Senators from both sides of the aisle on the
floor for some time debating the issue. It was one of the most sober,
respectful debates we have had since I have been in the Senate. But a
minority of the Senators voted not to end the debate. In other words,
that is what the general public believes is a filibuster. And it kept
us from being able to move to a final vote.
Because there has been some confusion, what I thought I would do is
lay out what exactly is happening here and how we got to this process.
Under our form of government, when the President enters into an
international agreement, he decides as to whether that is going to be a
treaty, which, as we know, requires a two-thirds approval by the
Senate, or whether it is something called a congressional-executive
agreement, which is a little bit lower threshold, or whether it is just
a pure executive agreement, in other words, the President himself has
the ability, if he so decides, to enter into an executive agreement.
One of the problems with an executive agreement is that it doesn't live
beyond that President's term.
When you invoke an executive agreement, what you are really doing is
bypassing the buy-in of Congress. As a matter of fact, last week on the
floor, I thought Senator Flake made one of the most salient points that
have been made; that is, since the President and his team decided to
cut out Congress and to attempt to do an executive agreement, they made
no attempt whatsoever to get the buy-in of Congress. That is why we
have ended up in the situation we are in.
When I realized that the President, through this process, was going
to enter into this agreement solely by himself--an executive agreement,
which he has the ability to do--but that he was also going to use
something called a national security waiver to do so--again, this gets
a little complicated, and foreign policy can sometimes be complicated.
Congress, on four different occasions, passed overwhelmingly in this
body and overwhelmingly in the House of Representatives something that
puts sanctions in place on Iran to try to bring them to the negotiating
table. We did it four times.
I have to say that in almost every instance, the administration
pushed back against us putting sanctions in place. They said, ``Oh, the
other countries won't be with us, and this will create problems.'' What
happened as a result of us saying ``No, we are going to sanction Iran;
we are going to do what we can to bring them to the table to end their
nuclear program'' was that the other countries fell in line. They put
in place similar sanctions to the ones Congress put in place.
When we passed those four sets of sanctions, we gave the President
something that is common, and that is called a national security
waiver, where, if a crisis came up, he had the ability to waive those
sanctions if he thought it was in our country's national interest.
So when he decided to enter into an executive agreement around these
negotiations with Iran and bypass Congress, what he also decided he was
going to do is to use his national security waiver to waive the
sanctions Congress put in place.
Some of us on this side of the aisle realized that was very
problematic, that because we brought Congress to the table and because
we put the sanctions in place, we thought it was inappropriate for the
President to use the national security waiver.
By the way, we realize now that he was going to put a national
security waiver in place for 8\1/2\ years and come to Congress 8\1/2\
years down the road to waive those sanctions permanently. That would
have been long after the essence of this deal was done and over.
So we were able to work with the other side of the aisle and pass a
bill that has put us in the position we are in today, and that is
allowing Congress to weigh in before those congressionally mandated
sanctions are waived. Of course, if those sanctions are not waived,
then, in essence, the Iranian deal cannot go forward under the terms
that have been laid out.
A lot of people have said: Well, Congress gave away authority. They
enabled the President to do this without entering into a treaty.
That is totally untrue. The President has the ability to decide to
enter into an international arrangement through an executive
arrangement, as he has done, if he so chooses. Now, again, the problem
with that is, it doesn't stand the test of time because the next
President can come in and alter that.
As a matter of fact, this is the first time I can remember that
Congress has
[[Page S6618]]
taken back authority from the President because what we really did was
said: Mr. President, no, you cannot go forward with this deal until we
have all of the information, both classified and unclassified, and it
is paused for 60 days while we go through this review process, which we
know ends--it is debatable because we don't have all the materials, but
they would say it ends this week.
So this process wouldn't even be occurring if Congress hadn't taken
back the authority that we took back from the President, put this pause
in place, and given ourselves the ability to either approve or
disapprove--disapprove in this case because many people believe the
President squandered this opportunity. Here we had brought this rogue
nation to the table, had a boot on its neck, its economy was suffering,
and here we have this rogue nation that somehow has ended up in a
situation where the President and others have negotiated to allow them
not to end their program, which is what was said in the beginning.
By the way, let me just say that had the President held to what he
said on the front end, which was that we are going to end Iran's
nuclear program, what we would be having today is almost unanimous
support for this agreement. But instead they squandered that
opportunity--squandered it--and instead have agreed to allow them to
industrialize their program and a whole host of other things that had
nothing to do with the nuclear file.
Let me go back to the process. The President decided he was going to
go straight to the United Nations. Congress said: No, you are not going
to do that. You are going to come to us, and we are going to decide
whether we approve or disapprove.
So we have a lot of people out there. Some, I guess, just don't
understand. Some, I think, do understand, but they are trying to
somehow or another create this narrative that Congress is enabling the
President. The fact is, we would have liked to have had more of a say
in this. I would have liked for this to have been a treaty. But since
the President determines whether these are treaties or executive
agreements--and he decided in this case it was an executive agreement--
again, what Congress has done is said no and taken back a degree of
authority.
Unfortunately, what is happening is we have a minority of 42 Senators
who have decided they are not going to allow an up-or-down vote. That
is what has happened.
What was dismaying to me was that during August the minority leader
decided he was going to filibuster. I have a lot of respect--I think
people know we have worked closely together in trying to make the
Senate work here. But I was very disappointed that somehow or another
this was going to take on sort of a Tammy Wynette feel to it, if you
will, that, you know, ``We are going to stand by our man. We are not
going to cause him to have to veto a resolution of disapproval.''
Somehow or another, instead of this being the sober, serious debate we
thought it was going to be where a majority of Senators were going to
be able to express themselves, in order to protect the President from
having to veto something that the majority of the Senate in a
bipartisan way disapproves of, somehow or another, we have this process
underway.
I do wish to say to the leader of the Senate that I appreciate very
much the fact that up until this point, what he has agreed to do and
has done is he has filled the tree--again, another term that I am sure
sounds very unusual to people who are watching the Senate floor and
don't understand the process. What he has done is he has said: No--up
until this point anyway--we are not going to have a bunch of amendments
that are tough for people to vote on; we are going to keep the debate
to one topic, and that is the resolution of disapproval. That is what
this is for.
So tonight, in a second effort, beginning at 6 o'clock this evening,
we are going to have a vote. The vote is going to be about whether--I
mean, this is what the essence of it is--it is about whether we should
end the debate and move to final passage. I think plenty of people have
had their say. Others are going to be coming to the floor today to talk
about the merits of this deal and the demerits of this deal. But I
would hope, again, that the minority, which seems intent on trying to
keep the President from getting a resolution of disapproval, which the
majority of people in this body believe should be the case--in order to
keep him from having to veto the will of the Senate, a minority of
people here are keeping that vote from taking place.
I close by thanking my friends on the other side of the aisle for two
things. I actually want to thank everybody in this body. Since 2010,
four times the Senate has weighed in to put crippling sanctions on
Iran. Those sanctions brought them to the table. That was something
which was done in spite of the fact that the administration was pushing
back.
Secondly, this body, with a vote of 98 to 1, passed the Iranian
review act--in short, now called Corker-Cardin. We passed that on a 98-
to-1 basis knowing that the President was issuing a veto threat up to
1\1/2\ hours before the committee vote took place. When they realized
they were going to be crushed--I hate to use that word--overwhelmed in
that committee vote, they lifted their veto threat about 1\1/2\ hours
before that took place.
But, again, on a 98-to-1 basis, this body said: No, we want to weigh
in. We want to have the right to approve or disapprove. We want to
pause. We want to see all of the documents.
By the way, we have had 12 hearings in the Foreign Relations
Committee--12--and all kinds of other one-on-one briefings. So we have
had plenty of time to look at this. As a matter of fact, the American
people know more about this deal than they ever would have had that
process not been put in place. Again, it was put in place because the
President decided he wasn't going to cause this to be a treaty; he
wasn't going to ask for us to weigh in; he wasn't going to ask us on
behalf of the American people to approve it; he was going to do it
himself and go directly to the U.N. Security Council. As a matter of
fact, he has done that. As a matter of fact, they moved the
implementation date back so we could have our chance of weighing in in
this way. Certainly, we would love to have much greater power and
authority over this.
So thank you to everyone here for putting the sanctions in place.
Thank you for allowing us to weigh in.
Let me remind people that if the President had achieved the goals he
set out to end Iran's nuclear program--in other cases, he said
dismantle Iran's nuclear program--what would be happening on the floor
today is there would be an overwhelming, I would say unanimous vote in
support of what the President did. But what is happening is we have a
bipartisan majority that opposes this. And even those people who have
come out in support of this have done so tepidly. They have talked
about all the problems in the agreement. As a matter of fact, now there
is a huge push to try to come up with a Middle East policy because we
know we have none to push back against what is in this agreement.
I am going to have more to say, but I realize my good friend Senator
Hoeven is here. I wish I had known 4 minutes ago he was here. I have
gone 4 minutes into his time, and I yield the floor.
But I want to remind people in closing: Had the President done what
he said the goal of the negotiation was--to end their program--we would
have unanimous support. Instead, we have a bipartisan majority that
opposes this bill, and we have a minority that has kept us, once, from
being able to vote up or down. I hope with tonight's vote that will not
be the case. I hope we will have the opportunity to send a resolution
of disapproval to the President. I know he has said he would veto that,
but I think it is important for us and the will of the body and the
will of the country to be heard, and for it to reach the President's
desk.
With that, I yield the floor.
The PRESIDING OFFICER. The Senator from North Dakota.
Mr. HOEVEN. Mr. President, I rise to voice my opposition to the Iran
nuclear agreement and my support for the resolution of disapproval.
Although there are many arguments related to President Obama's
agreement with Iran, I would like to focus on the subject of sanctions.
I think it is important to consider why we sanctioned Iran, what
happens to our sanctions if the deal is implemented, and the prospects
for snapping back sanctions in the future.
[[Page S6619]]
First, we imposed sanctions because we wanted to dismantle Iran's
nuclear program. Again, I want to emphasize that. We imposed sanctions
because we wanted to dismantle Iran's nuclear program. As Secretary
Kerry said in December of 2013, we imposed sanctions ``because we knew
that it would hopefully help Iran dismantle its nuclear program. That
was the whole point of the [sanctions] regime.''
These were very serious and are very serious sanctions. According to
the Treasury Department, sanctions reduced Iranian oil exports by 60
percent--by 60 percent--from 2.5 million barrels per day in 2012 to
just over 1 million barrels per day in 2015. In 2014 alone, the
Treasury Department believes Iran lost $40 billion in oil revenue.
Sanctions also blocked Iran from accessing most of its billions in
foreign currency reserves. In short, Iran's economy today is 15 to 20
percent smaller than it was projected to be back in 2012.
We know these sanctions were having the desired effect because Iran
decided to negotiate. The mullahs in Iran would not have come to the
bargaining table if they are not feeling the effect of our sanctions.
The opportunity to dismantle Iran's nuclear program was in sight, but
then we let Iran off the hook. We agreed to a negotiations process that
gave Iran room to maneuver.
Instead of boxing them in with relentless economic pressure, we
offered sanctions relief in return for mothballing Iran's nuclear
infrastructure for a few years. The end result is that the deal
undermines the whole point of the sanctions regime. We instituted
sanctions to pressure Iran to dismantle its nuclear program, but this
agreement provides sanctions relief and leaves the nuclear program
intact.
The terms of the agreement will give Iran access to more than $100
billion located in frozen bank accounts. Some estimates put that figure
even higher. The windfall Iran expects to receive from foreign
investments will strengthen Iran's economy even further.
But let us focus on the initial more than $100 billion in sanctions
relief, which is an enormous number. It is equivalent to 25 percent of
Iran's annual gross domestic product. For perspective, one quarter of
U.S. GDP would amount to more than $4 trillion. So you can see what a
huge sum this is to Iran and how much it means to Iran and their
economy and, ultimately, to their military. One analyst even pointed
out that $100 billion for Iran in 2015 is roughly equivalent to the
investment the United States made across Europe over the 4-year
Marshall Plan to rehabilitate Europe after World War II. So you realize
what a huge impact this will have, what a huge benefit it is for Iran,
for its economy, and for its military.
In short, handing Iran $100 billion gives the mullahs incredible
flexibility. It is hard to imagine that Iran won't divert billions of
these funds to Hezbollah in Lebanon, along with a billion or two for
Yemen, and another billion or two or more for operations in Iraq and
Syria.
Remember, Iran is the No. 1 state sponsor of terror in the world
today. This agreement will provide Iran with money to spend on its
aggressive agenda across the Middle East. So one thing is clear--one
thing is clear--the world's foremost state sponsor of terror and one of
the worst violators of human rights on Earth will receive a huge
windfall of cash.
It is also clear Iran's economy and its military would be
strengthened. As I said previously, Iran's economy today is 20 percent
smaller than it would have been without 4 years of sanctions. Four
years from now, without sanctions, Iran's economy will be larger and
the regime will have not only more financial strength but also more
flexibility to carry out its agenda.
That flexibility will come at a very opportune time for them. Five
years into this agreement, the conventional arms embargo will end, per
the agreement, and it should be clear to all of us that Iran will then
have the money, the resources to buy arms at that point. Three years
later, or a total of 8 years after the agreement is implemented, the
ballistic missile embargo will be lifted. So in 5 years they can buy
conventional weapons and within 8 years they can buy advanced missile
technology. And restrictions on Iran's nuclear program will begin to
disappear a few years later.
Iran's leaders are probably very pleased with that timing. First,
they get sanctions relief, allowing them to grow their economy. That
growth will create the investment capital for conventional arms
purchases, which the deal permits in 5 years. By then they will be
ready to acquire advanced ballistic missile technology--ballistic
missiles the agreement allows Iran to purchase in 8 years.
In fact, because their nuclear program will remain intact, at that
point Iran could opt out of the deal, finish developing a nuclear
weapon, and mount it on a ballistic missile. In short, the President's
Iran agreement actually allows Iran a path to finance and develop an
advanced nuclear weapon.
Further, the agreement is not only bad on its merits, it is a
strategic mistake. It hurts our long-standing Middle East alliances and
positions Iran to be the dominant power in the Middle East. We know
what Iran will do from a position of strength. It destabilizes Yemen,
Syria, and Iraq, foments terrorism against Israel, and opens the door
for countries such as Russia and China to meddle in regional politics.
Even if Iran never developed a nuclear weapon, the agreement will
position Iran to further undermine regional security for years to come.
Leaving its nuclear infrastructure in place only makes things worse.
What if Iran violates the agreement? It is interesting to note that
many supporters of the deal have argued we must approve the agreement
because our allies are already lifting their sanctions and that our
sanctions will not be successful on their own. Yet these same
supporters of the agreement believe sanctions could somehow be
reimposed if Iran cheats on the deal.
Unfortunately, the procedures in the agreement make snapping back
sanctions very difficult. Under the terms of the deal, it would take
months to establish Iranian violations of the agreement and put new
sanctions back in place. Suppose Iran begins to cheat on the deal in a
year or two. Under the terms of the agreement, it would take months to
establish that Iran had violated the agreement and approve those new
sanctions. That is hardly enough of a threat to keep Iran from
cheating, but more importantly, the deal permits Iran to withdraw from
the agreement if sanctions are reimposed. So snapping back sanctions
would effectively kill the deal. Remember, they could kill the deal
after they have already gotten more than $100 billion.
The agreement makes it in Iran's interest to cheat on the deal
knowing sanctions either won't be imposed or will allow them to pocket
the $100 billion in sanctions relief, jump-starting their nuclear
program, before any kind of sanctions are reimposed. For this reason, I
believe if the agreement goes into effect, it will very likely die
slowly from a thousand Iranian cuts, leaving behind a richer and
nuclear-powered Iran.
Voting to support the deal essentially means putting faith in Iran.
It means believing that Iran will allow the inspections to occur. It
means believing that Iran does not have any nuclear facilities that we
are unaware of. It means believing that Iran will keep its nuclear
infrastructure without attempting to build a nuclear weapon.
I don't believe any of these things. Why? Because over the last 15
years Iran has blocked inspections, revealed the existence of secret
nuclear sites only when forced to, and pushed for a nuclear weapon even
when claiming they only wanted a peaceful program.
But it doesn't have to be this way. We could seek a stronger
agreement. We could make it clear that Iran does not have the right to
nuclear weapons and cannot be allowed to obtain them. We could return
to our original goal, which was the dismantlement of Iran's nuclear
program, instead of negotiating away the leverage that sanctions
created.
For these reasons, I cannot support the President's agreement with
Iran. Instead, I favor immediate additional sanctions to pressure Iran
to dismantle its nuclear program, which was the objective when the
negotiations began.
We should not let Iran off the hook. We should not throw away the
leverage we developed in recent years through
[[Page S6620]]
these sanctions. It takes time for sanctions to work, but the relief is
immediate when sanctions are lifted. We need to keep our sanctions,
keep the pressure on, and get a deal that actually dismantles Iran's
nuclear program.
Mr. President, I yield the floor.
Mr. President, I suggest the absence of a quorum but also request
that the time be equally divided.
I yield to the Senator.
The PRESIDING OFFICER. The Senator from Tennessee.
Mr. CORKER. It is my understanding that we are equally dividing the
time.
The PRESIDING OFFICER. The time is equally divided, but quorum calls
are not equally divided unless requested.
Mr. HOEVEN. I ask unanimous consent that the time during the quorum
call be equally divided.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. HOEVEN. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. CORKER. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. CORKER. Mr. President, I have an inquiry relative to the
remaining time.
I am not understanding what the quorum call time is doing relative to
the splitting of time.
The PRESIDING OFFICER. By precedent, quorum calls are charged to the
side that requests the quorum call, unless there is a request that the
quorum call be equally divided between the two sides.
Mr. CORKER. And my understanding was that request was made and
granted; is that correct?
The PRESIDING OFFICER. Yes, that request was made and granted in this
particular request, but it only applies to the particular request
unless it is made on the next quorum call request or unless the
unanimous consent would apply to all quorum calls.
Mr. CORKER. Mr. President, I know the public is greatly confused by
cloture motions, and I will say, even as the person in charge of the
bill, I am confused also, but I will let that stand, and I thank the
Chair.
I know the next speaker we are hoping to hear from will be Senator
Cornyn at 2 p.m., Senator Scott at 2:20, Senator Blunt at 2:30, and
then Senator Heller at 3 o'clock. I hope they will be down soon, and I
will let the time be accruing against both sides by suggesting the
absence of a quorum.
I ask unanimous consent that during the period of time there is a
quorum call, it be charged equally to both sides.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. CORKER. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. CORNYN. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. CORNYN. Mr. President, last week we experienced what I would
think was a dark day in the history of the United States Senate where,
on one of the most important national security issues that has
confronted the country in the last 25 years--and perhaps longer--our
friends across the aisle, led by the minority leader, decided to
filibuster the resolution of disapproval on the President's nuclear
deal with Iran.
So everybody understands what that means. Rather than cast a vote
either in favor or against the resolution of disapproval, Democrats
banded together and decided not to have a vote. Presumably they did
that for two reasons: One is they didn't want the personal
accountability associated with having to cast a vote for or against
disapproval because they know at some point Iran is going to continue
its pattern of misbehavior and people might come back and say: Why did
you vote for this deal when in fact all the evidence pointed toward how
bad a deal it was?
The second reason I believe our Democratic friends decided to
filibuster the vote on the resolution of disapproval is they simply
wanted to protect the President because they knew that had the
resolution of disapproval passed, the President had threatened to veto
the legislation. Having done so under that circumstance, the President
would in fact own this bad deal.
As I said, it is a sad day when a political party decides to put
partisan concerns ahead of the national security interests of the
United States. This is especially true in light of the fact that we
voted just a short time earlier to provide a mechanism for there to be
that up-or-down vote following debate and review. It also had the
effect of freezing the President's ability to lift sanctions on Iran
during that timeframe.
This legislation, negotiated by the chairman and ranking member of
the Foreign Relations Committee, was called the Iran Nuclear Agreement
Review Act. This was not a partisan product, nor should any of this
debate be a partisan activity. It didn't sneak through the Chamber in
the dark of night. It wasn't the product of closed-door negotiations by
one political party against another. Rather, it was a product of
bipartisan concern over the President's deal with Iran and was
specifically designed to make sure Congress had possession of all the
relevant documents that laid out this agreement between the President
and the Iranian regime. It would ensure a process by which the American
people could be informed--and the Senate itself debate--through their
elected representatives, whether this deal was a good deal or a bad
deal in terms of the national security interests of the American
people.
Most significantly, that legislation which sets up that process
passed overwhelmingly--as a matter of fact, I think it was nearly
unanimously--with not one Democrat in the Chamber voting against that
legislation.
So having voted for legislation to create a process by which there
would be transparency and accountability, and rather than partisanship
the national security interests of the country would be elevated, our
Democratic friends, listening to the White House, including the
President of the United States, decided to block that very vote they
had earlier agreed to have.
Ironically, the same day the minority leader and his colleagues
blocked the up-or-down vote on the resolution, he lambasted Republicans
on this side of the aisle for ``slowing down the legislation,'' and
suggested we ought to move on to other matters. We could be well on our
way to finishing this resolution and moving on to other pieces of
legislation that we need to consider if in fact our Democratic friends
would, consistent with their earlier vote, just allow us to have an up-
or-down vote on the resolution of disapproval, but I think what our
Democratic friends began to realize is this is an enormously unpopular
agreement between the President and the Ayatollah in Tehran. As a
matter of fact, only 21 percent of the American people have said they
want to see this deal be turned into a reality. Many of them are
concerned, as am I, that rather than a traditional treaty process that
requires two-thirds vote of the United States Senate, this has somehow
become more of a political document rather than a legal document,
binding only this President and the Iranian regime, under some
circumstances, during the remainder of the 16 months or so of President
Obama's Presidency.
Almost 80 percent of the country has said they are not sold on the
deal. Their voices deserve to be heard, and Members of Congress and the
Senate should be on record whether they are listening to the American
people or whether they are listening to the siren song of the White
House and a President who is focused on his legacy, to the detriment of
the national security of the United States.
Even supporters of this deal were some of its biggest critics. Yet
these are some of the same people who voted to filibuster an up-or-down
vote on this resolution of disapproval. Many of them made the case as
well as or better than I could; that an agreement made with a
theocratic regime that continues to call the United States the
[[Page S6621]]
Great Satan and threatens the very existence of our friend and ally in
the region, Israel--there should be real reason for pause and certainly
debate and an up-or-down vote.
Here is just one example. The junior Senator from New Jersey, as a
prelude to his announcement that he would vote against the resolution
of disapproval, said:
With this deal, we are legitimizing a vast and expanding
nuclear program in Iran. We are in effect rewarding years of
deception, deceit, and wanton disregard for international
law. . . .
That is the junior Senator from New Jersey on September 3, 2015. Does
that sound like somebody who is for this deal or against this deal?
Well, miraculously, this is from a Senator who voted not just for the
deal but voted to even prohibit us from having an up-or-down vote in
the Senate. I couldn't agree with these comments more. Our colleague
clearly understands the nature of the regime and the pattern of
troubling behavior characterized by outright deception. Last week,
although headlines emphasized the support of several of our Democratic
colleagues for the President's deal, it was clear that many of them
harbored deep reservations--and those reservations are entirely
justified.
Here is a comment of the senior Senator from Oregon, who said:
This agreement with the duplicitous and untrustworthy
Iranian regime falls short of what I had envisioned. . . .
This statement was made on September 8, 2015, by somebody who said
they were going to vote against the resolution of disapproval but in
fact filibustered our ability to have an up-or-down vote on the
resolution itself, and I couldn't agree with the statement quoted from
the senior Senator from Oregon any more. This is not exactly a
resounding endorsement.
Then there is the senior Senator from Connecticut, who said, on
September 8, before he announced his agreement with the President's
nuclear deal:
This is not the agreement I would have accepted at the
negotiating table. . . .
I presume by saying that, that means he would have rejected it. But
yet, again, deferring to the President and deferring to the leadership
of the Democratic leader in the Senate, not only did the Senator who
made that statement indicate his approval of the deal, this Senator
voted to block an up-or-down vote on the deal in the Senate--in other
words, participated in the filibuster of this vote.
(Mr. SCOTT assumed the Chair.)
This debate is one the American people deserve to hear. I know the
press, as they typically do, likes to keep score and move on to other
things, but this is one the American people deserve to hear, and it is
one they have demanded--and, frankly, from what they know so far, they
don't like this deal. Twenty-one percent have said they approve of it.
Rather than listen to their constituents, our friends across the
aisle have decided to essentially block a vote that prevents the kind
of accountability our constituents deserve and move on to other issues.
But with the future security of our country hanging in the balance, we
can't just move on, and we can't disregard the will of our own
constituents or what common sense or our own investigation and inquiry
tell us; that this deal is an unenforceable deal. It ignores the fact
that Iran remains the primary state sponsor of international terrorism.
It releases about $100 billion of money that is going to help finance
that proxy war against the United States and our allies that has been
going on since 1979, when the Iranian regime came into power.
Then there is the bogus verification process. First of all, under the
agreement, 24 days' notice along with various--the appeals process,
which is a process that only Rube Goldberg would have been able to
devise. And then there is the self-monitoring process. It is sort of
like a selfie stick that the Iranian regime is going to carry around,
where they conduct their own test on their military sites, and then
they turn that over to the IAEA--the International Atomic Energy
Agency--at the front gate because the so-called independent monitoring
agency will not even have access to the military sites where breakouts
in violation of this agreement are most likely. It is hardly one that
gives you confidence that is going to be conducted with any sort of
integrity. Then there is the dramatic change in U.S. policy.
When Prime Minister Netanyahu spoke to a joint session of Congress a
couple of months ago, he said it used to be U.S. policy to deny Iran a
nuclear weapon, but this agreement, as he correctly points out, paves
the way to a nuclear weapon. Again, this is not a rational actor on the
international stage. This is an extremist regime--a theocratic regime--
driven by a desire to wipe Israel off the map and to conduct this proxy
war against the United States and our allies as the primary sponsor of
international terrorism. But then there is the final insult to injury.
Just as our Democratic colleagues filibustered the opportunity to have
any real accountability with an up-or-down vote in the Senate, we
learned that the Supreme Leader in Iran has insisted that the Iranian
Parliament have the final vote and say-so on the deal in Iran.
Try to fix that picture in your mind. The Iranian regime--the main,
principal state sponsor of international terrorism, a theocratic regime
determined to wipe Israel off the map and conduct war against what they
call the Great Satan, the United States--will have a chance for an up-
or-down vote, but our Democratic colleagues have blocked an up-or-down
vote in the U.S. Senate. That ought to be deeply troubling to anyone
who cares about the Senate and any sort of sense of democratic
accountability.
It is beyond irresponsible for our Democratic colleagues to again
deny the Senate the very same thing the Ayatollah has said the Iranian
Parliament will have a chance to do--especially when they all supported
this process by which an up-or-down vote would be facilitated.
Later today my colleagues and I will have another opportunity to move
this bill closer to an up-or-down vote on the merits of the President's
agreement with Iran. I hope the same senders who clearly supported a
thorough review of this deal will join me in moving this bill forward
so the American people can get the sort of debate they deserve about
the No. 1 national security threat affecting this generation of
Americans, and the American people can get the kind of accountability
they deserve when it comes from their elected officials casting a vote
on their behalf on such an important agreement.
I yield the floor.
The PRESIDING OFFICER (Mr. Portman). The Senator from South Carolina.
Mr. SCOTT. Mr. President, I watched in absolute amazement as the
Obama administration attempted to justify what is clearly a misguided
gamble and a bad deal with Iran. We saw the signs of how bad this deal
was almost immediately, as during the same speech in which he announced
the deal, the President threatened to veto any legislation that opposed
it. I have been a business owner. When you lead with threats, you
typically are covering for a very bad deal, because when you are
building support for your product--in this case the Iran deal--you
don't tell the folks you are talking to who disagree with you that they
are crazy. That is simply something you don't do when you have
confidence in the deal.
If you are leading with threats, you are showing your hand. The
President is trying to bluff by holding a 2, a 5, an 8, and a 10, and
we didn't even bring a fifth card to the table. I use a poker reference
because that is exactly what the President of the United States is
doing--gambling with our security, gambling with Israel's security,
and, frankly, gambling with the future of the Middle East. He was also
gambling that his National Security Advisor, Susan Rice, would not
admit that the Iranian Government would use resources from lifting the
sanctions to fund terrorists, but as we saw on CNN with Wolf Blitzer,
she did. He was gambling that his own Press Secretary would not tell us
that we should trust the Iranian Government because they would use
``common sense'' and use sanctions relief to help their economy and to
help the Iranian people, but he did--even though we have seen no signs
whatsoever previously that the Iranian Government cares about actually
helping the Iranian people, and their horrific record on human rights
has only worsened in recent years.
The President is gambling that he could use international pressure to
[[Page S6622]]
convince people he was on the right side of the issue, along with
Russia and China, and by bringing the deal to the United Nations before
the U.S. Congress, that would somehow show Congress the deal was
acceptable--another bad gamble, but it didn't work. The longer we have
to study the deal, the worse the deal gets. The longer the American
people have to learn about the deal, the stronger their opposition
becomes to the deal.
There is not much good news as we look at this deal, as we look at
the polling information 2 to 1 in opposition to the deal, the American
people. Yet the President refers to those on the opposite side of the
deal as crazies--referring to the American people, the vast majority of
those folks around our country, so many of us, almost unanimously on
the Republican side and even some good friends on the left.
As I said earlier, the President gambles with our security, and we
have seen how bad his hand truly is. As I suggested, he has a 2, a 5,
an 8, and a 10--a 2 because Iran will be able to double their oil
exports and therefore double their oil revenues, increasing by more
than 1 million barrels a day--in other words, $15 to $20 billion of
additional revenue to fund nefarious behavior in the Middle East. That
is more terrorism in the Middle East; a 5 because, without any
question, in year 5 of the deal they gain access to more weapons as the
weapons embargo is lifted; an 8 because in year 8 of the deal Iran will
be able to purchase ballistic missiles; and a 10--yes, a 10--because in
year 10 Iran can begin installing advanced centrifuges for enriching
uranium. Simply put, this deal legitimizes Iran's nuclear program and
guarantees a timeline for Iran to secure the bomb.
If Congress signs off on this deal, we can all take a big red pen and
mark on our calendars almost the exact day that Iran will have a
nuclear weapon. This isn't a Republican or Democratic issue. Just
listen to some of the quotes from my friends on the other side of the
aisle: ``The JCPOA, or Joint Comprehensive Plan of Action, legitimizes
Iran's nuclear program.''
Another quote: ``Whether or not the supporters of the agreement admit
it, this deal is based on `hope'--hope is a part of human nature, but
unfortunately it is not a national security strategy.''
And, finally, ``To me, the very real risk that Iran will not moderate
and will, instead, use the agreement to pursue its nefarious goal is
too great.''
In what the administration would call an exchange for this, we see
the economic sanctions will be lifted, arms embargoes will be lifted,
and Iran will have more money and more dangerous weapons to route to
groups like Hezbollah and insurgents in Iraq--both groups responsible
for the deaths of many American soldiers. That is not a gamble; that is
the wrong direction at the wrong time, the wrong deal, and absolutely,
positively, unequivocally not in the best interests of this country.
The PRESIDING OFFICER. The Senator from Missouri.
Mr. BLUNT. Mr. President, I am glad to be here and hear the comments
from my friend from South Carolina, Senator Scott. It made me glad that
I get to sit by him on the Senate floor and hear the reasons--and they
are good and they have been repeated many times--about why this is not
a way forward for the United States. It is not a way forward for the
Middle East. In fact, Senator Scott did a great job talking about what
was in the deal, but what wasn't in the deal was what the President
said would be there when the negotiations started.
When the negotiations started, the administration said Iran would
never be allowed to have nuclear weapons, that we would find out
everything Iran had ever done to try to develop nuclear weapons, that
we would have anywhere, anytime inspections, and the sanctions would
only be lifted when real progress was made in those first three areas.
That was the framework. That was what we were negotiating for. None of
those things happened. None of those things are in this agreement.
I think the question that you, I, and others in the Senate are
hearing from people, when we are home and when we are talking to people
about this agreement is, Is the Congress giving away its power? How is
it possible that something like this could happen and the majority of
the Congress couldn't do anything to stop it? Of course, the other
question is, Is the President giving away the power of the United
States of America to lead?
I think it is as clear from this agreement as it is so many other
things that leading from behind doesn't work. A view that the United
States of America is just any other country in the world is not a view
that leads to a peaceful, more stable world. In fact, our friends don't
trust us and our enemies aren't afraid of us in a world where there is
vast agreement there are more potential bad things that could happen
from more potential places than any time ever before. That is not just
Republicans; that is the Chairman of the Joint Chiefs of Staff, that is
the Director of National Intelligence, and that is the head of the CIA.
They all come up with that same conclusion.
We look at the President's foreign policy, that this is just one
symptom of--remember the redline in Syria that if the Syrians do this,
we are going to do that? The Syrians did what we said we wouldn't allow
them to do. Basically, we didn't do much of anything. In fact, what
happens is that when the United States of America takes that kind of
position and does not move forward, Assad is emboldened. I think the
latest number of Syrians who have been killed by Assad is now around
250,000 people, from chemical weapons to barrel bombs, to every way
they can think of to massacre their own population--a population that
has been displaced in the millions, both inside and now outside the
country--so an emboldened Assad. Putin looked at this. Before you know
it, Putin took control of Crimea, and Putin has Russian troops in
Ukraine. And this week Putin put Russian troops and tanks in Syria.
Every American President since President Truman--I am standing at one
of the desks President Truman used as a Senator on the floor, and it
has his name carved in it. In 1946 President Truman did whatever was
necessary to force the Soviets out of Iran. Every other President until
now has done whatever was necessary to keep the Russian influence in
the Middle East to a minimum. The Russians are building a base and
unloading equipment right now. Why are things happening now? Because
they think they can get away with it. That is the Russian reset. The
Chinese--the Asian pivot--are building an island on an atoll in the
South China Sea that is within striking range of the Philippines. Why?
Because they think they can get away with it.
The more we look at the consequences of the agreement, the more we
wonder about it. Why aren't we able to stop it? No future
administration is bound by it. For weeks now on this floor and around
the country, people have talked about the destabilizing impact this
agreement will have on the Middle East and the world, and the only
administration that is bound by it is this one. It is not a treaty. If
it were a treaty, as it should be, we would be voting in the Senate on
a treaty and two-thirds of the Senators would have to approve the
treaty and the next administration would be bound by it as well.
When Presidential candidates say ``I will reverse this the first
day,'' they absolutely can reverse it the first day. What kind of
policy is that to put in place, a policy that has this kind of
destabilizing effect without even a sense that the United States for
the long term is committed to it?
I am sure the President believes that by the time he leaves, every
other President would surely want to keep this agreement. But I don't
know how one could listen to this debate and think that. It does
dramatically change the Middle East. Neighboring countries don't trust
Iran, and they will want to have whatever weapons Iran has.
Senator Scott just made the point--and made it well--that you can
circle the date on the calendar of when Iran is likely to have a
nuclear weapon if this agreement goes forward, and more importantly,
the hope that maybe the government would change--it might, but that
won't keep the neighbors from deciding they have to defend themselves.
As if the 1994 agreement with North Korea wasn't bad enough--they had
a missile announcement today, I believe,
[[Page S6623]]
and said they have a better delivery system for the weapon they were
never going to have--we have truly let the nuclear genie out of the
bottle here. Their neighbors will believe they will have to have a
weapon when Iran has one, and they also all believe Iran will cheat.
Even though Iran is theoretically on a 12-month clock, it might not
be 12 months from the day they say: We are now going into full weapons
mode and 12 months from now we will have one. So even if Iran were to
change its mind, we will have three or four countries in a very short
period of time, in my view, that will have nuclear weapons and nuclear
weapons capability that don't have it right now.
We met with Secretary of State John Kerry at the Munich Security
Conference in 2014--a conference a handful of Senators normally go to,
and I went to that conference that year. John Kerry said: We will be
able to know everything the Iranians are doing. We will be able to
monitor this with such detail that there is no way they will be able to
do anything we don't know about.
At the time, I said to Secretary Kerry: Even if that is true--and I
said I don't believe that will be true--you won't be able to contain
enrichment. Once you let Iran do this, other countries that are
perfectly happy with where they are right now will feel as if they have
to do the same thing. There are well over one dozen countries that have
nuclear power that don't do what we are about to allow Iran to do. We
have been able to control this because the world has understood that it
needed to be controlled, but we are now at the beginning of letting
this get out of control.
What is the vote all about? It is not a treaty. Why are we voting at
all if it doesn't bind the next administration? Why are we having a
debate if the administration would like to have the Congress involved
in about 2023? That was another great comment that was often made
before the law was passed to allow us to do what we are doing today.
They said: Well, Congress will eventually have to be involved because
eventually they will decide whether to extend the sanctions regime.
By the way, the one that went into effect in 2013 is on the books
until 2023. So the ideal day for the Congress to be involved was about
7 years after the administration left office. That would have been the
involvement we would have had if Congress had not stepped up and said:
We are going to insist that we get involved.
In 2006 Congress took back some of the authority--this is not the
first Congress to lose authority to the President--the President had,
and we put into law the sanctions that had been imposed by the
President at that time. We made them not just President Bush's idea but
a law. I was there when that was negotiated, and one of the things we
did when we negotiated that was to insist that that be codified and
become the pattern--and it did--for all the sanctions to follow.
But the pattern that Congress followed was also a pattern that had
been followed since World War II, which is, here is what we are going
to do and here is what we believe the President and the country should
do, but we are going to give the President national security waiver
authority. That is the authority the President has decided to use
without congressional approval, without changing the law. He has
decided he is going to waive these sanctions and the Congress could
weigh in again in about 2023--if the President had totally had his way.
What are we doing here? The President of the United States is about
to prop up the No. 1 state sponsor of terrorism in the world. That is
an inarguable point. Nobody argues that Iran is not the No. 1 state
sponsor of terrorism in the world. They clearly look stronger at the
end of this deal than they did at the beginning because they are
stronger.
The President of the United States is about to release billions of
dollars that the No. 1 state sponsor of terrorism in the world can use
for terrorist causes, with the support of a minority of the Congress--
not only a minority of the Congress, but that minority happens to all
be on one side. There is nothing like this in the post-war history of
the country where the country stepped forward in this way on this big
of an issue. Not only is a majority against it, but a bipartisan
majority is opposed to it. A partisan minority is blocking the Congress
from even having a vote while a bipartisan majority wants to vote, and
they want to vote to disapprove this deal. Even then the President
could still veto the disapproval, but the President doesn't want to do
that. The President doesn't want this on his desk.
I think I read the stories the other day when we for the first time
couldn't get the 60 Senators necessary to have the vote. The White
House announcement was something like this: The congressional vote
today ensured that the President's Iranian deal would go forward. The
whole time, my concern about this process is that by not stopping it,
somehow it would look as if the Congress was for it. We may not be able
to stop it, but I can guarantee that Congress is not for it, and
anybody who has been paying attention knows that.
A question I think we can ask ourselves: Would Congress and the
country be better off without this poor substitute for overseeing a
meaningful foreign policy? This is clearly not producing the kind of
result a democracy should produce in foreign policy. I think one could
argue that it is a weak response. But why did it have to happen?
I cosponsored the initial bill that required Congress to approve the
deal, but, of course, a piece of legislation has to be signed by the
President. Senator Corker and Senator Cardin finally came up with a
piece of legislation that the President would sign, but it was almost
always guaranteed to ensure that the debate would go forward. So would
we have been better off without it? I have had people ask me: What are
you guys doing? Why can't you get the foreign policy of the country
under some control?
I have wondered several times whether we would have been better off
going forward without it. As I have thought about that, it does seem to
me that the Corker-Cardin bill has produced a number of things, and one
of those is that we have 60 days of debate that we wouldn't have had
otherwise. When would the Congress have gotten to weigh in? Eight years
from now. We would have had the debate 8 years from now. We have had 60
days of debate. Well over 50 percent of the people in the country are
opposed to going forward with this deal. Only about 21 percent are for
going forward.
This process has produced bipartisan opposition to a bad deal.
Senator Cardin, a top Democrat on the Foreign Affairs Committee, and
Senator Menendez, the other most knowledgeable Democrat on foreign
affairs, Senator Schumer, and Senator Manchin voted with the 54
Republicans. So 58 Senators don't want this to happen, and 60 percent
of the House of Representatives are opposing this agreement. The White
House would have liked to have Congress have a say almost a decade from
now.
We have had our say, and we should have our vote. We should be
allowed to put this bill on the President's desk, and if he wants to
veto it and defend that veto, that is how this process should work.
I hope there is still a chance that two more of our colleagues will
step forward and say: While I am going to be on the other side of the
final vote, I think the Congress should vote. We had 98 Members vote
for this bill that said Congress should vote to either approve or
disapprove this agreement. Let's have that vote, and let's have that
vote today.
I yield the floor.
The PRESIDING OFFICER. The Senator from Mississippi.
Mr. WICKER. Mr. President, I agree with the distinguished Senator
from Missouri in every respect, and I hope we get our wish to have that
meaningful vote later on today.
I thought I would take a few moments to explore a history lesson.
Edmond Burke once famously said: ``Those who don't know history are
destined to repeat it.'' I think most people agree with that statement,
which is why we find so many variations of that quote. One of my
favorite variations is by Mark Twain: ``History doesn't always repeat
itself, but it does rhyme.''
I think the history of events leading up to World War II is an
appropriate
[[Page S6624]]
period for examination during today's Iran debate, and I believe it is
important to explore the question of whether the disastrous history of
the Munich Agreement can be instructive to Americans and even to our
allies during the current debate. Munich has been cited numerous times
in opinion pieces about the Iran agreement, and it has been mentioned
on both sides of the debate in this Chamber. Furthermore, we have been
cautioned, even scolded by various opinion-makers around the country
that we dare not make comparisons between Munich and the current
situation. In this view, even uttering the words ``Neville
Chamberlain'' or ``Munich'' brings to mind such painful memories from
the dark past that we simply should not go there. I do not agree. If
history does rhyme, perhaps it is helpful to examine history and look
for parallels today.
For those who may not have recently studied the years leading up to
World War II, let's review the Munich Agreement. In September of 1938,
Hitler's aggression was fully underway. In his sights at the moment was
Czechoslovakia. Leaders met in Munich, Germany, in an ostensible effort
to avoid war. Those leaders were Adolf Hitler himself, French Prime
Minister Edouard Daladier, Italian dictator Benito Mussolini, and
Britain's Prime Minister Neville Chamberlain. The agreement they
announced with much fanfare at the end of September 1938 was that Nazi
Germany would be given control of the German-speaking portion of
Czechoslovakia, known by some as the Sudetenland. In return, Hitler
agreed to stop his advance and to not make war. Against the backdrop of
all of Germany's aggression to date, of its violations of the
Versailles treaty, the Fuhrer gave his solemn assurance in writing that
there would be no more expansionist activity.
We all know that upon his return to London, Chamberlain announced
triumphantly that there would be ``peace for our time.'' The bold
headline across the top of the Daily Express displayed the word
``peace'' with an exclamation point.
Of course, a number of wise people immediately saw the false dream
for what it was. Soon after, Winston Churchill rose in passionate
opposition on the floor of Commons. He first made it clear that he held
the opponents of the agreement in high personal regard, as many of my
colleagues have also done already during this debate. Then he launched
into a scathing denunciation of the bad deal, characterizing it as a
total and unmitigated defeat for Britain and France, not to mention a
betrayal of defenseless Czechoslovakia. He went on to predict correctly
that rather than preventing war, the Munich accord would assure war.
Sadly, for millions and millions around the globe, Winston Churchill
was correct and Neville Chamberlain was tragically mistaken. Within
months, Hitler was at it again, annexing the rest of Czechoslovakia and
setting his sights on Poland and beyond.
I think it is appropriate to ask ourselves: What would Churchill have
said about today's debate? And what would Chamberlain be saying if he
could speak to us today?
Let's look at the parallels. At Munich, Britain and France abandoned
a steadfast ally. Similarly, today's agreement has been reached over
the strenuous objections of Israel, our most reliable partner in the
Middle East. I must emphasize that this opposition comes not only from
the current Prime Minister and his Likud governing majority, but also
from his opponents in previous elections--from virtually every point on
Israel's political spectrum, from labor and from center-left voices.
Here is the near unanimous outcry from our Israeli friends: Iran poses
an existential threat to Israel, and this bad deal makes matters worse.
It makes us less safe. It makes our friends, our neighbors less safe.
As the whole world watched, the Munich agreement sent a chilling
message to the rest of Europe and to the rest of the world about what
could now be expected from France and England. Today, our Sunni Arab
friends in the Middle East are mystified and dismayed by this Iran
deal. Understandably, their public reaction has been guarded and even
muted. Most are hedging their bets, but make no mistake, this is not
the strong anti-proliferation nuclear agreement they had hoped for.
This current deal and the Munich deal are also similar when we
consider the history and behavior of the parties to the agreements.
Like Hitler, the current Iranian regime has repeatedly demonstrated
that they have evil motivations and that they cannot be trusted.
Consider the most recent activities and pronouncements of the Iranian
Supreme Leader and his team.
This deal has been made with a regime that still leads cheers saying
``Death to America'' and believes in the destruction of the Jewish
State. The mullahs, the ayatollahs, and the people in charge of Iran
have shown no indication that they are trustworthy. Ayatollah Khamenei
last month published a new book that once again makes it explicit that
it is Iran's foreign policy to obliterate the State of Israel. Just
last week, he called America the Great Satan and said Israel would not
exist in 25 years. Israel would not exist in 25 years, according to the
other party to this agreement.
Under this agreement, embargoes on arms and ballistic missiles will
be lifted in 5 and 8 years respectively, allowing the biggest exporter
of terrorism to build up conventional weapons. And have we forgotten
the fact that Iran has been cooperating with North Korea on ballistic
missiles for years?
Of course, the scene in 1938 is not entirely similar with that of
today, as has been pointed out. Seventy-seven years ago, Nazi Germany
at least gave lip service to leaving the rest of the world alone. Wise
people knew this to be a lie, but at least the Nazi dictator signed
such a promise. Today, the Iranian dictatorship makes no pretense of
abandoning its goal: the complete elimination of Israel from the map.
And this bad deal gives them the wherewithal to do just that: a $100-
billion stimulus. The lifting of sanctions, which the United States and
our eager European allies have agreed to, will expand Iran's gross
domestic product by roughly one-fifth, not to mention relief from
sanctions on deadly conventional weapons and ballistic missiles.
In 1938, Chamberlain said, ``Peace for our time.'' We may wish he had
been correct, but such an outcome was so unlikely, the deal so risky
and ill-advised, that it was merely a wish, albeit a dangerous and
deadly wish.
In 2015, Secretary John Kerry has called the current deal ``a plan to
ensure that Iran does not ever possess or acquire a nuclear weapon.''
Did my colleagues hear that: Not just for our time or for a decade, but
never, according to the distinguished Secretary of State.
President Obama says this agreement marks ``one more chapter in this
pursuit of a safer, more helpful, and more hopeful world.'' Such
statements have a familiar and troubling ring. Such words could have
been uttered in 1938. And I wonder if Mr. Chamberlain's followers ever
said, in defense of the Prime Minister's action: This isn't a very good
deal, but what other agreement is out there? What other choice do we
have? I am willing to bet some people actually said that. The other
choice might have been to stand up against a murderous bully, to stand
by a friend.
This resolution of disapproval is not just an opportunity to sound
off. It has not been about sending a message. This procedure was
designed, as the distinguished Senator from Missouri said before me, as
the only way to prevent a bad Iran deal from actually going into
effect. We always realized it would take a bipartisan majority to
succeed. There are currently 58 Democrats and Republicans who are
willing to say officially to the President: Start over and get our
Nation a better deal. We, frankly, need nine more courageous Senators
to step forward and say no to this deal. We are told the die is now
cast, that the votes simply are not there. But I will say to my
colleagues today, there is still time to do better for the American
people. The doubts have repeatedly been expressed by Senators who have
said they will nevertheless vote with the President.
Senator Booker, in announcing that he will support the President,
said: We are legitimizing Iran's nuclear program and rewarding years of
bad behavior. Yet, he will vote to support the President.
Senator Coons: I am troubled and deeply concerned.
Senator Bennet: None of us knows . . . and I have deep concerns.
[[Page S6625]]
Senator Wyden: It is a big problem, having to deal with Iranian
leadership that wants a nuclear enrichment program.
Senator Peters: Enrichment of uranium is a stark departure from
America's nonproliferation policies. Indeed it is. Senator Peters goes
on to say: The agreement could set a dangerous precedent.
We need these Senators to change their vote and to vote for the
resolution of disapproval.
Senator Blumenthal said: Not the agreement I have sought.
Senator Merkley said: Significant shortcomings.
According to Senator Gillibrand: Legitimate and serious concerns are
there.
Senator Franken acknowledges it isn't a perfect agreement.
Alan Dershowitz, a Harvard law professor emeritus and expert on the
Middle East--and hardly a neo-con--summed up the President's deal with
Iran in his book, ``The Case Against the Iran Deal.'' He said this:
Hope is different from `faith,' though neither is an
appropriate basis on which to `roll the dice' on a nuclear
deal that might well threaten the security of the world.
``That may well threaten the security of the world,'' according to
Professor Dershowitz.
He goes on to say:
The deal as currently written will not prevent Iran from
obtaining nuclear weapons. In all probability, it will merely
postpone the catastrophe for about a decade, while
legitimizing its occurrence. This is not an outcome we can
live with.
I appreciate people such as Alan Dershowitz having the courage to
write a book and explain chapter and verse, page by page, the
legitimate reasons why this threatens the security of the world and why
America should not be willing to live with this deal.
I say we should heed the warnings of people such as Alan Dershowitz.
We should heed the warnings of history. There is still time to reject
this ill-advised agreement. There is still time to get a better result
for our people, to get a better result for our future.
Thank you, Mr. President.
Seeing no other speakers, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The senior assistant legislative clerk proceeded to call the roll.
Mr. LANKFORD. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. LANKFORD. Mr. President, I do have concerns as well. Typically we
reward people for a change of behavior; that is good behavior, going
from bad to good--not static, old, bad behavior. The concern I have is
with Iran. We have seen no change in behavior. The same battles are
happening in Yemen as they are leading a coup. The same issues are
happening in Syria where Russia and Iran are working together to prop
up Bashar al-Assad. They are causing trouble in Bahrain. There is the
same behavior in Lebanon with Hezbollah. There has been no change in
behavior. Yet, the administration is determined to make an aggressive
nuclear deal to change the status quo on our sanctions on Iran based on
the hope of some future new good behavior when we have seen no present
change in the behavior of Iran.
This doesn't line up with some of the statements from our own
administration. For instance, in November of 2013, Secretary Kerry said
that ``there is no inherent right to enrich. . . . We do not recognize
a right to enrich.''
In December 2013, President Obama said, ``we know [fully that] they
don't need to have an underground, fortified facility like Fordow in
order to have a peaceful nuclear program.''
At the same time, in December of 2013, President Obama said, ``They
don't need some of the advanced centrifuges that they currently possess
in order to have a limited, peaceful nuclear program.''
But under this deal, not only are we giving them the right to enrich,
not only are we allowing them to have fortified underground bunkers, we
are also allowing them to have advanced centrifuges that the President
has stated there is actually no reason for them to have, unless they
are not using them for peaceful purposes.
I have heard over and over again for the last several days in this
Chamber the conversation: If someone has a better deal, you should
propose it, but this is the best deal that has been proposed.
Well, let me just throw a few ideas out there as a better deal for a
proposal.
First, why don't we do this as a proposal: Why don't we actually have
the opportunity to read the agreement? We would like to be able to see
it. No one in this Chamber has seen all aspects of this agreement. No
one in the House has seen all aspects of the agreement. It is not that
we will not read it, we can't read it, because even the administration
has said they have not read the entire agreement.
Now, I will state that we don't allow secret side deals between a
bank and a car dealer when one is buying a used car. We certainly don't
allow secret side deals that no one can see between the U.N. and Iran.
I am astounded that this body is OK with signing off on an agreement
that absolutely no one has read in its entirety. In fact, the
administration has said they haven't even seen it.
The White House wants to have it both ways. They don't want to turn
over the documents which the statute requires, but they also want to
keep the part of the law that says Congress has only 60 days to review
it. They want to say that by the end of this week it is done--but, no,
we are not ever going to turn the documents over that the statute
requires.
How about this for a different idea of what we can do for an
agreement: They don't keep the advanced centrifuges. Since even the
President has said there is no peaceful purpose for those centrifuges,
if we are going to have a good, solid agreement, they do not keep the
advanced centrifuges. Not only do they keep them, they keep them in
cascade, they keep them running, they keep them spinning. There is no
change in behavior on those centrifuges other than the promise that
they won't put uranium in them.
How about this for an idea for a better agreement: We have onsite
inspections that would actually allow Americans on the inspection team.
How about this for a better agreement: We don't lift the ban on
missile testing and research on Iran which allows Iran to start missile
testing and R&D again on ballistic missiles. We don't lift the ban on
conventional weapons sales to Iran, which will allow Iran to start
buying large supplies of conventional weapons and surface-to-air
defense systems.
How about this change for a better agreement: Iran turns over their
previous military dimensions of their nuclear program. They stated over
and over again they don't have a nuclear weapons program or ambitions.
What would be the problem, then, in inspecting their research
facilities and their technology if nothing existed?
How about this for a better agreement: We don't agree to defend Iran
in case in some future time they are attacked in their nuclear
facilities by Israel. I think that is absolutely absurd to have in this
agreement.
How about this: We at least allow Iran the opportunity to publicly
acknowledge that Israel has the right to exist--and they currently
don't acknowledge that Israel even has the right to exist--or we get
our American hostages back, since we are lifting the sanctions on the
individuals who personally killed hundreds of American soldiers. Those
sanctions are lifted. Why can't we have our American hostages back?
Here is one simple idea: Why don't we have the same nuclear agreement
with Iran that we had with Libya? When we negotiated the agreement with
Libya years ago, their program actually ended. They actually turned
their centrifuges over. They turned their nuclear material over. They
allowed anytime inspections. While this administration continues to say
over and over again that what we are asking for is not possible, it was
actually done by the last administration in Libya.
This is not asking for something new or radical or different. This is
asking for something enforceable and clear. Why can't we have the same
nuclear agreement with Iran that we made with Libya and actually stop
Iran from advancing toward a nuclear weapon?
I am convinced we can do better--we must, for the security of the
Nation as a whole.
[[Page S6626]]
With that, I yield back.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. McCAIN. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Lankford). Without objection, it is so
ordered.
Mr. McCAIN. Mr. President, I ask unanimous consent to address the
Senate as in morning business.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. McCAIN. Mr. President, a few hours from now the Senate will vote
again on the Iranian deal. I think it is pretty well known that no
votes will change. It is very unfortunate that that is the case. But it
will give our colleagues, hopefully--they may have contemplated how bad
a deal this is and possibly change, but obviously we know the
likelihood of that is unlikely.
The virtues of this legislation have been emphasized by my friends on
the other side of the aisle. Those of us who have grave and serious
concerns have also been articulated. But I think it is well to point
out that this will be the first major agreement or treaty in history
that is voted on on strict party lines. Not one single Senator on this
side of the aisle will be voting in favor--not one--a degree of
partisanship concerning an issue of the greatest importance, in my
view, of any treaty or agreement since that agreement Neville
Chamberlain made with Adolph Hitler in Munich in 1938. So that part of
it, in my view, is a failure on the part of the President of the United
States.
I know many of us, including myself, were willing to listen and
consider any agreement that was verifiable and enforceable that would
have prevented the Iranians from acquiring nuclear weapons. In fact, it
was stated by the Secretary of State that the object of this agreement
was that Iran would never have nuclear capability. Now we all know it
is a matter of time. Whether it is 1 month or 10 years or 15 years,
whatever, we don't know. They notoriously cheat. That is one thing we
do know. So the fact is that we went from preventing Iran from having a
nuclear capability--and they came to the table not because of renewed
zeal for that but because their economy was so badly hurt because of
the sanctions which had been imposed on them and which after this deal
can never be reimposed. Let's be frank and candid with our colleagues
and with the American people.
So here we are faced with an agreement that should have been a
treaty. I know of no observers of the Constitution, both known as
liberal interpreters and conservatives, who interpret the Constitution
who agree that this is anything but a treaty of transcendent
importance, and we, of course, are treating it as an ``agreement.''
Well, the bad news, I say to my colleagues on the other side of the
aisle who will be voting for this, is the next President of the United
States can repeal this, can negate it. That would not have been the
case if it was a treaty because then it would have been ratified by the
Constitution and the Congress, specifically the Senate.
So, in the short term, apparently the President and his minions have
succeeded. In the long term, this will cause a grave threat to the
security of the United States of America.
I say to my colleagues, you know, this is an agreement that we are
discussing, and I will talk about the failings of it as I see them, but
far more importantly, the President of the United States and the
Secretary of State treat this as if it were in a vacuum. It is not in a
vacuum. You cannot consider this agreement unless you look at what is
happening in the entire world today.
Refugee Crisis and American Leadership
Mr. President, according to anyone who is an expert on national
security, including people such as Henry Kissinger, Madeleine Albright,
Brent Scowcroft, and the list goes on and on, the world has never been
in more turmoil than it is today. That does not take a great deal of
intelligence or study; all you have to do is watch television or read a
newspaper. The United Nations head of refugees has said: There have
never been more refugees in the world since World War II than there are
today. You can't turn on the television without seeing the terrible
plight of these refugees who have had to flee their country because of
the brutality and genocide committed by Bashar Assad. You can't do that
without seeing it.
Some in the media and some of my friends on the liberal side treat
this as if it were a hurricane, an earthquake, a natural disaster that
just sort of happened. It did not just happen, and it did not have to
happen. What has happened with these refugees is a direct result of the
failed, feckless policies of this administration in general and this
President in particular.
This is the President of the United States who overruled his national
security team when they said that we should arm and equip and train the
Free Syrian Army to go in there and fight against Bashar Assad. This is
the same President who said: It is not a matter of when, it is a matter
of whether Bashar Assad leaves office. This is the same President of
the United States who announced to the world that Bashar Assad had
crossed the redline and we were going to retaliate--only, of course, to
hear that the President decided not to.
I tell my colleagues, you cannot overstate the impact the President's
decision had after he warned Bashar Assad, after he said that if they
crossed the redline we would act and we did not. I am not sure many
Americans are aware that the Saudis had aircraft on the runways ready
to join in those attacks and they found out on CNN. Is it an accident
that we have seen the Saudis visiting Moscow? Is it an accident that
for the first time in its history we see the Saudis buying Russian
equipment? Is it astonishing to our colleagues and friends that the
Saudis have taken it upon themselves, along with UAE and other Gulf
States, to intervene in Yemen against the Houthis, who are Iranian-
backed, Iranian-trained, Iranian-equipped? No, it is not an accident.
None of these things have happened by accident.
Now we see a nation called Syria with over 230,000 killed and
millions in refugee status. The surrounding countries, particularly the
small ones, particularly Jordan and Lebanon, are literally overwhelmed
with refugees. Today, I tell my colleagues, there are more Syrian
children in school in Lebanon than there are Lebanese children in
Lebanon. When you look at the size of the influx of the refugees into
those two countries, some wonder in some ways how they have maintained
their stability.
All of it did not have to happen. It did not have to happen.
The President of the United States decided to withdraw every single
one of our combat troops in Iraq, saying at the time: We are leaving a
prosperous, free, democratic Iraq. Does anybody believe that? Of
course, so many of us argued: Please, leave a sustaining force behind--
which they could have. Anyone who says we couldn't have is lying. I
don't use that word casually because Lindsey Graham and John McCain
were in Baghdad when Maliki said: OK. He said: OK. I will keep troops.
I will keep American troops. How many? How many and what mission?
That answer never came from this administration until the Chairman of
the Joint Chiefs of Staff testified before the Senate Armed Services
Committee that it was down to 3,500--in his words, it cascaded down to
3,500.
So now here we are with the greatest humanitarian crisis, again,
since World War II, 70 years ago. Here we are with this situation, and
Americans' hearts are going out to these people. Can any of us who saw
the picture of the drowned little baby on the beach ever forget that?
It did not have to happen. It was because this President and this
administration and its minions refused to exercise American leadership
when we refused to arm and equip and train the Free Syrian Army,
overruling his then-Secretary of Defense, Panetta; overruling his then-
Secretary of State, Clinton; overruling his Director of the Central
Intelligence Agency, GEN David Petraeus. It is well known that they all
recommended arming the Free Syrian Army. At that time, Bashar Assad was
in serious jeopardy. So what happened? The Iranians--the same Iranians
we are concluding this deal with--called in 5,000 Hezbollah, had
Soleimani in charge of the Iranian
[[Page S6627]]
Revolutionary Guard while tens of thousands have been slaughtered--
well, 230,000 is one estimate--with barrel bombing.
Do you know what barrel bombing is? It is a huge cylinder. It is
filled with explosives and shrapnel. They drop it. It explodes, and it
spreads shrapnel everywhere. It is a terrible weapon. It is a terrible
weapon. Bashar Assad has been using it continuously. Who is giving him
that stuff to use? The Iranians. The Iranians are the ones who are
doing it.
It is the Iranians who are supporting the Shiite militias in Baghdad.
It is the Iranians who are supporting the Houthis, who have taken over
a great part of Yemen and would have taken over all of it if it had
been up to us as we sat by and watched. The Saudis and UAE have decided
to go in because they could not afford to have--look at where Yemen is
on the map--they could not afford to have Yemen under the control of
the Iranians.
So here we are. So here we are. Now the news of the last few days
is--guess what. The Russians are now building bases--a serious military
buildup in Syria. Why? Because they have to prop up Bashar al-Assad.
This misguided, delusional administration thinks that only they can
attack ISIS and not attack Bashar al-Assad and his killing machine.
My friends, in the name of human decency, in the name of the
tradition of the United States of America helping those who are being
slaughtered, we should tell Bashar al-Assad: You cannot fly those
helicopters and those planes anymore and drop these terrible weapons.
We are going to shoot you down if you do it. We are going to establish
a free--safe zone on the Turkish border. We are going to have the
refugees go there, and we are going to feed them, we are going to
clothe them, and we are going to take care of them. And don't you fly
an airplane over here or we are going to shoot it down.
That is the message we should have to Bashar al-Assad. And now, what
is happening now? The Russians have decided they are going to intervene
militarily on the side of Bashar al-Assad.
Now, my friends, it has been Vladimir Putin's practice and ambition
to expand the ``near abroad.'' That means moving into Ukraine, taking
Crimea in violation of the Budapest agreement, it means putting huge
pressure on the Baltics, and it means propaganda campaigns and other
pressures that are even on countries such as Sweden and Norway in the
Arctic. All these things Vladimir Putin is doing is sort of an
expanding influence from Russia.
Now, my dear friends, you see him leapfrogging over to Syria to
maintain his base on the Mediterranean and that is a somewhat radical
departure. But not to worry, my friends, the Secretary of State called
the Foreign Minister, Lavrov--the old Stalinite apparatchik that he
is--and expressed his concern. So the American Government expressed
their concern. Well, that ought to pretty well take care of it.
Meanwhile, what about China? In the last day or two, there was a
meeting, and a Chinese admiral, sitting between an American admiral and
another admiral, stated: ``The South China Sea belongs to China.''
A few days ago, the President of the United States went to Alaska to
rename a mountain. I guess that is a reason for a trip. I will leave
that to others to judge. So he goes to Alaska and guess what happened.
By coincidence--by sheer coincidence--for the first time in history,
five Chinese warships showed up off the coast of Alaska, penetrating
the 12-mile zone--the first time in history. Now, I am sure that was
just a coincidence that the President of the United States happened to
be in Alaska at the time that these Chinese ships showed up off the
coast of Alaska. Every time we turn around, we are seeing nations react
to a lack of American leadership.
And so we are going to, of course, now vote--not to approve this
agreement, because if it was a straight up-or-down vote, it would be a
disapproval. It would be a significant disapproval, as a matter of
fact--just not 60. I believe it is 57 or 58 Senators who will vote that
they do not want to have the sanctions relieved that have been imposed
by the Congress.
It is a sad day. It is a sad day. Just as briefly as possible--
because we have been over all of these before--there is no doubt there
are almost no enforcement and verification procedures. In fact, again,
this is for the first time I think that the Senate of the United States
is being asked to approve of an arms control agreement--which is
basically what this is when you get right down to it--without knowing
the verification procedures. It is a deal between the IAEA and Iran. I
still don't get it how anybody can support an agreement that we don't
know the most vital elements of. That is still beyond me.
Obviously, in the place where we found most of--some of their real
secret activity buried in a mountain, that inspection will be conducted
by the Iranians themselves. Remarkable.
Of course, the past nuclear activities, so-called PMD, one of the
requirements--one of the interesting aspects of this is to see what was
said at the time in the beginning and what actually happened, such as
the Secretary of State saying: We must know what their previous
military activities were. We must know that because otherwise we
cannot--guess what. We are not going to know that. Particularly,
though, the aspect of verification bothers me about as much as anything
else.
So now we have the Iranian Revolutionary Guard sustaining the Shia
militias in Iraq. We have the Iranians funding Hezbollah, which is now
the major problem for the Bashar al-Assad regime. We now have the
Iranians supporting the Houthis, who, as I mentioned, are trained and
equipped by the Iranians in an attempt to take over Yemen. The Iranians
are now providing weapons to the Taliban in Afghanistan.
If they are doing all those things, and they are not changing their
behavior, what in the world do you think they are going to do with $100
billion? Spend it on growing poppy, maybe building a YMCA? Of course
not. They are going to continue their activities of supporting
terrorist organizations throughout the Middle East with another $100
billion. This is what troubles me more than anything else. Has anyone
in this body seen any indication of a change in Iranian behavior? If
so, I would be more than eager to grasp that straw because everything I
have seen--and the statements in just as short a time as 2 or 3 days
ago--the grand Ayatollah says in 25 years Israel will no longer exist.
Is that the background, is that the atmosphere of some kind of
agreement of this nature, where they are going to get $100 billion? It
is confounding, and it can only be explained by this incredible
delusion on the part of the President and the Secretary of State--whom
he has had for the last 6\1/2\ years--that if we somehow get an
agreement with the Iranians, there will be an arrangement in the Middle
East, and Iran and the United States will be partners against radical
Islam--yada, yada, yada. That is impossible in light of Iranians'
stated ambitions, and of course the Israelis--of course the Israelis
are deeply disturbed.
All I can say is this is not a good day. This is not a good day. This
is a day when votes are taken--again, for the second time--on one of
the most impactful situations in the history of this country post-World
War II; that is, that this agreement will allow the Iranians, to a
degree of latitude and a degree of capability, to spread their terror
and their acts of terror throughout the Middle East in a far more
effective fashion.
Yes, we are war weary. Yes, Americans don't want to be involved. Yes,
we know all of those things, even though it is 1 percent of the
American population who actually serves in the military, but the fact
is that sooner or later, as a result of this, the United States of
America, unfortunately, will have to be engaged militarily.
I hate to make that prediction, but I have been a student of what is
going on in the Middle East for a long period of time. I have seen
Iranian behavior, and I have watched what they have done--not just the
rhetoric but their behavior. They are propping up a guy who has killed
230,000 of his country's men and women and driven millions into exile.
Now we are feeling the effects of it in Europe and soon in the United
States of America.
It is shameful--it is shameful--that we allowed this guy to slaughter
so many hundreds of thousands of people. And who supported them, who
backed them, and who bailed them out when
[[Page S6628]]
the President of the United States said: Oh, it is not a matter of
whether Bashar al-Assad leaves, it is a matter of when. The President
of the United States said: It is time for Bashar al-Assad to leave.
Bashar al-Assad will be in office after this President of the United
States. So it is not a good day.
There have been other times in our country--there was a good book
that was written about America before World War II called ``While
America Slept.'' There was another great book by a professor at Texas
A&M about how unready we were prior to the Korean conflict. We thought
we were never going to be in another war, and we were totally
unprepared when North Korea attacked South Korea.
Now here we are--with blame on both sides of the aisle--continuing to
cut our military, continuing to reduce our capabilities, and continuing
to reach a point where the retiring Chief of Staff of the U.S. Army
says we can no longer adequately defend the Nation against some of its
threats, and, to cap it off, we are now going to see an agreement which
will unleash the furies of Hell.
Mr. President, I yield the floor.
The PRESIDING OFFICER. The Senator from Illinois.
Tribute to Dena Morris
Mr. DURBIN. Mr. President, I wish to take a moment to thank an
important member of our staff. Her name is Dena Morris, and she is with
me on the floor today. Dena has worked for me for 12 years. The last 8
years she served as my legislative director, and she is going to be
leaving soon for a new professional opportunity.
When she first told me the news, my first reaction was: ``Say it
ain't so,'' but Dena had an offer she could not refuse. Next week, Dena
Morris will join the U.S. Centers for Disease Control and Prevention as
the Agency's Washington Director. Her new position, I have to admit, is
a perfect fit. It will allow her to combine her exceptional management
skills, her deep understanding of public policy, and her strong
commitment to public service in ways that will benefit America's
families and businesses.
I already know Dena is going to do well because she has done so much
for me, for the people of Illinois, and for our Nation.
There is one thing that really tells you a lot about Dena's
commitment to public service and the public good. Dena Morris came to
me 12 years ago. She left a K Street law firm and came to the Senate to
work as a staffer. She took a substantial pay cut to do it. She started
in my office as a legislative assistant handling education issues. Her
portfolio quickly expanded to include public health and then all of the
health care issues. By 2007, it was clear to me she was the right
person to direct all the legislative activity in my office. Even with
all the promotions and the new titles, Dena still earns less today than
what she earned at that law firm she left 12 years ago.
So when I hear my fellow Senators come to the floor and talk down our
staffs and talk about denying them basic things such as health care
coverage, I think about Dena and the hundreds just like her who make
the Senate work. They do it not for the money, not for the benefits but
because they want to leave a mark. Dena has done that. You see, instead
of making mountains of money, Dena chose to help and to help the Senate
make history. For that I am ever grateful.
It will take too long to recite all the things she has worked on, but
I can list a few: the American Recovery and Reinvestment Act--it was
the economic stimulus that was initiated by the Obama administration to
bring America out of the great recession after the 2008 economic
crisis--her work on the Affordable Care Act, which has brought
affordable, reliable health care to 16 million Americans, including
800,000 people in my State of Illinois, and reduces the national
deficit. Dena was my legislative director when Congress passed the
first Wall Street reform act in 7 years. She helped steer legislation
to cut the cost of student loans, to help save the American automobile
industry, and to give the FDA, at long last, the authority to regulate
tobacco.
Her contributions extend beyond the historic laws that she has helped
to pass. Probably her greatest contribution, from a very selfish point
of view, is that Dena Morris assembled my team. She took the time to
bring together an extraordinary group of bright, committed public
servants, just like herself, who reflected my values, her values, and
her work ethic.
Lots of people think about Sunday morning as a time to kick back and
relax. My staff, and Dena knows this personally, lives in fear of
Sunday morning because that is when I have the time to leisurely go
through the newspapers, to watch television, and to get on my cell
phone and e-mail my staff about all the new ideas I have for the coming
week. It is a drill Dena knows well and which she handles with skill
and does so effectively. I think it is her daily yoga practice that
helps her maintain her even keel.
I want to thank her husband Peter Rogoff, who has joined us. He is a
former longtime Hill staffer, and I want to give special thanks to
their kids, Niles, now in high school, and Lulu.
It was about a year after Dena joined my staff that she brought Niles
and Lulu to the office for a take-your-children-to-work day. They were
about 6 and 4 years old at the time. So I met with all these kids from
my staff members, and I said: Do you have any questions? Niles raised
his hand, and he looked at me and he said: How come my mom has to work
so late?
It was a funny moment, an embarrassing moment in a way, but I think
Niles and Lulu know now what the answer is. It is because their mom
cares so much about what she does and cares so much about the people
she can help.
That is a bit of a story of Dena Morris' career. When she worked for
that K Street law firm, she specialized in advancing legal and civil
rights for people with disabilities and their families. She started
that work just 3 years after the Americans with Disabilities Act became
law. She was on the leading edge of one of America's great civil rights
struggles.
Two other things worth mentioning: Dena's first job in Washington,
before the law firm, was working as an intern for her home State
Senator, Dick Lugar of Indiana. It was an unpaid internship, as most of
them are. So to pay the rent Dena had to work five nights a week on
Capitol Hill at another unique Washington institution--the Hawk and
Dove--which happens to be a local popular Capitol Hill watering hole.
Finally, Dena is one of six children. Her dad is a Baptist minister.
In her whole family of origin--parents and siblings--Dena Morris is the
only Democrat. She is a brave woman, and she tells me they do not
really talk a lot about politics at family gatherings. Her parents may
not share her politics, but I know they share our pride in the work she
has done for America.
I have no doubt she will continue to use her talent and her energies
to move our Nation forward.
Dena, thank you for your service.
Syrian Humanitarian Crisis
Mr. President, I listened to my friend, the Senator from Arizona,
Senator McCain, and this is the second time I have heard him on the
floor talking about the tragedy, the humanitarian crisis associated
with Syria. I couldn't agree more.
I also take note of that heartbreaking photograph of that 3-year-old
boy who drowned as his family tried to escape Syria, ultimately bound
for Canada. In the crossing of a body of water, their boat capsized,
and the mother and two children were lost, and the lifeless body of
that infant washed up on the shore.
When I think back, and people ask, what do you remember about the
Vietnam War, I remember a lot of things, but the image I remember is a
photograph of a little girl stripped naked, burned with napalm, running
down the road screaming. I can't get that out of my mind. Vietnam--I
think of that photo.
When I think of Syria, and what is going on with this humanitarian
crisis, I think of the photo of that little boy. It is heartbreaking. I
get emotional thinking about little kids who I love in my family facing
that kind of tragedy.
There are two things I would like to say. I think it is fundamentally
unfair to blame the Syrian crisis on this President. This is a crisis
which reflects the Arab Spring, it reflects changes in the Middle East
that have been going on for 30 years plus, and no country has really
come up with a good solution to stop the bloodshed and killing in
Syria.
[[Page S6629]]
I am sorry my colleague from Arizona is not here, but I would
acknowledge and remind him there was a time when the President came to
us and said: I want to do something. President Obama said: I want to do
something about chemical weapons in Syria. The Senator from Arizona--
and I might add the Senator from South Carolina--joined us in the
Foreign Relations Committee in moving this issue forward to give the
President the authority to do something to stop the use of chemical
weapons in Syria, and it died before it came to the floor because there
was no support--no support on the floor from the Republican majority in
the House or the Senate.
So to say this President has not taken action, he has. And you cannot
overlook the fact the United States of America, through the generosity
of its taxpayers and the leadership of this President, leads the world
in humanitarian relief in Syria. We believe we have invested almost $4
billion--more than any other nation on Earth--for these poor people who
are suffering there.
Can we do more? Should we have done more? Of course, in hindsight,
things look so much clearer. I pushed for--and this administration is
working on something the Senator from Arizona has also endorsed--a
humanitarian safe zone. There ought to be a piece of Syria where people
can go for medical care and know they are not going to be killed by
these barrel bombs and attacks. I know the administration is working on
that with Turkey. It has gone very slowly. I wish the pace would pick
up.
A friend of mine, Dr. Sahloul in Chicago, a Syrian American, has made
a dozen trips to Syria, to Lebanon, to Jordan giving free medical
treatment to the Syrian refugees, and he tells the story in graphic
terms--and many times brings back heartbreaking photographs--of what
these barrel bombs are doing. I hope we can find some diplomatic or
military solution in Syria.
In the meantime, here is the question we must ask ourselves: What
will we do about these millions of refugees? We will give money, of
course, to our allies that are creating camps for them. I visited one
of those camps in Turkey, and I have to say I was really a great
admirer of the leadership of that country in accepting at this one camp
10,000 people--one camp. And there are many more, hundreds of thousands
all over the Middle East, fleeing out of that region. So now what will
we do about the refugees?
The Senator from Arizona reminded us last week these are refugees,
not migrants. They are the people who are victims of war who are
fleeing with their families.
On Friday I was in Chicago and met with four of these Syrian families
who are now refugees in the United States. They told heartbreaking
stories of losing members of their families and fleeing from one city
to another in Syria without any success, then finally leaving, going to
refugee camps and trying to come to the United States. Even after they
applied for refugee status, it took this one family over 14 months to
make it here to this country.
We have a rich history in the United States of being there for
refugees. We can point with some pride to the fact that when Cuba was
going through its upheaval back in the 1950s and 1960s we accepted
Cuban refugees who have become a major part of America today. In fact,
the three Hispanic Members of the United States Senate are all Cuban
Americans. At least two of them were the product of that exodus--the
product of a refugee status that brought their families to the United
States. They are making great contributions for the States they
represent.
We did the same thing in the Soviet Union. When the Jewish population
there was facing persecution, we stood up and said: We will accept them
as refugees. Thousands and thousands of Soviet Jews came to the United
States and have become an important part of America today.
The list goes on: Somalians, Bosnians, the Hmong population out of
Vietnam. So we have a rich history of responding to these humanitarian
crises. We need to do it again. What the administration has proposed is
modest--10,000--too modest, as far as I am concerned. I believe we
should be prepared to accept 100,000--100,000 Syrian refugees.
Yes, each and every one of them needs to be carefully checked and
vetted so we know we are not inviting someone in who is a danger to the
United States. The people I have met in Chicago--the refugees there--
are just desperate people trying to find a roof over their head, trying
to find some little work to do to keep what remains of their family
together. Each and every one of them said something interesting. All
four of them said they couldn't believe how welcoming America was, how
friendly people in America were to the refugees and their families. Mr.
President, that is who we are. That is what America is about. We
shouldn't be afraid when people who are desperate for some refuge find
our shores and ask: May we come and join you?
I have already had friends in Illinois calling my wife and asking:
What can we do? Can we adopt a Syrian family of refugees to help them
get started in the United States? I think that story can be replicated
over and over again, thousands and thousands of times.
So I would say to my friend from Arizona, yes, it is outrageous, the
death, the violence, the circumstances in Syria which has forced so
many millions of people to move and many of them to lose their lives in
the process. And it is heartbreaking to read the stories as they
desperately try to find some safe place to live with their families and
are rejected by countries, some in Europe, that want no part of them. I
want America to do its part so that when the future generations look
back and ask our generation: What did you do when you faced the
greatest humanitarian crisis of your time at this moment in history, I
want them to be able to point with pride to the fact that we carried on
the great American tradition of opening up this country to refugees who
are looking for a safe place to live with their families.
Mr. President, we are in the midst of debating again--again--the Iran
agreement, an agreement that was brokered by the President with five
other nations--an agreement to accomplish two things: The agreement was
to stop Iran from developing a nuclear weapon and, secondly, it was to
create a safe enough environment that the United States does not have
to commit military forces or go to war again in the Middle East.
I voted for it, and 41 other Democrats joined me. We had this vote
last week. It was historic and widely reported. At the end of the vote,
Senator McConnell, the Republican leader, stood up and said: We are
going to do it again. We are going to do it again next week--today--
Tuesday night.
I don't know why we are going through a replay of this. There is a
suggestion he may do another vote in another few days. Members of the
Senate have stood up to a person and announced where they stand on this
issue. Nobody is trying to run away from this issue. It is a
challenging issue and a historic vote, and we are all on the record. We
are there.
I don't know why we have these repeat roll calls. I don't know why we
are going through this again, but that is Senator McConnell's choice.
One would think he might want to spend some time on the floor of the
Senate dealing with some other issues, but he sticks with this one.
What happened over in the House of Representatives is hard to
describe. We came together because of a statute passed by the House and
the Senate calling for a vote of disapproval of the Iran treaty. Now,
it has been rejected--that vote of disapproval--here in the Senate. The
House never took it up. The House, instead, had three separate votes,
never going to the issue of disapproval. They had three separate votes
on separate issues. The one they passed that might be sent our way is
hard to believe.
You see, what the House of Representatives said is that we will not
lift any sanctions on Iran until we have a new President in January
2017. Think about that for a second. Here is what we know. We know that
Iran has fissile material capable of building ten nuclear weapons. We
know that. We also know that Iran has the capacity within 2 or 3
months--2 or 3 months--to create this nuclear weapon. We know that from
our intelligence, and we know it from the pronouncements of Prime
Minister Netanyahu of Israel.
[[Page S6630]]
With the knowledge of that capability in Iran--to build a nuclear
weapon, which would be a disaster in the Middle East--the House
Republicans have said they want to put off any effort to stop the
Iranians until we have a new President 17 months from now, which is
more than enough time, I might add, for the Iranians, should they
choose, to build a nuclear weapon. How does that make Israel any safer?
How does that make the world any safer?
Here is what we know. With this Iran agreement, within weeks the
Iranians will start dismantling their centrifuges. They will start the
process guaranteed by this treaty that will result in closing down a
nuclear reactor that produces plutonium which can be used for
weapons. They will start inviting inspectors into their country.
There has been a lot said by the Senator from Arizona and others
about the track record of Iran. I agree with many things he said. They
are not to be trusted. That is why verification is part of this
agreement. If there were no inspectors, it would be a foolish venture,
but with these inspectors, we are on the ground inspecting Iran on a
daily basis, through the IAEA, international inspectors sponsored by
the United Nations. Are these inspectors good? I can say that many
years ago when we voted on the invasion of Iraq, when the Bush-Cheney
administration told us there were weapons of mass destruction, these
inspectors told us there were none--after we had invaded, after the war
had started. It turns out the inspectors were right and the Bush-Cheney
administration was wrong. They have a good track record, and I am glad
they are going to be on the scene to verify this agreement.
But the question now is, How many more times will Senator McConnell
want us to vote on this same issue? As leader, he can decide to do it
over and over. Is this part of a debate prep for some of the Republican
Senators running for President? They come to the floor and make their
speeches or hear speeches and get to cast a vote before the CNN debate
this week? I hope that is not it. We have made ourselves clear where we
stand on this issue, each and every one of us. We cast our votes. We
will do it again today. Now it is time for the Senate to move on.
Looming just ahead of us in a matter of days is the potential of
another government shutdown. The same tea party Republicans who shut
down this government 2 years ago have vowed to do it again over a
different issue. Somehow they believe that come October 1, if we start
shutting down the agencies of our Federal Government, they will have
made a political point. They are right. They will make a point that the
majority in the House and the Senate--the Republican majority--cannot
govern, cannot manage the budget of the United States to keep our
government agencies open. I think they make that point 2 years ago; I
don't know why they want to remind the American people of it again.
So instead of voting repeatedly on the same measure, on the Iran
agreement--where we already have a record vote--I would commend to the
Republican leader: Take up the issues of the day. Some are compelling.
There is cyber security for the safety of the United States. There is a
transportation bill in the House of Representatives. We passed it, and
it is time for the House to do the same. Let's fund our government.
Let's not face a government shutdown.
I yield the floor.
Mr. SASSE. Mr. President, as many of my colleagues, on both sides of
the aisle, have noted, today's vote on the President's deal with Iran
is one of significant consequence. The American people deserve an up-
or-down vote on the deal itself.
I spent the day sitting on the floor of the Senate, listening to my
colleagues debate the technicalities of the President's Iranian nuclear
deal. This has been a lawyerly dispute, with arguments all over the
map. I, like the vast majority of the American people, believe that
this is a terrible deal.
It has blown up the sanctions regime that brought Iran to the table.
It floods Tehran's coffers with more than $100 billion that will almost
certainly finance the killing of innocents around the world. The
verification efforts place all of the burden on the United States and
our allies, leaving Iran free to delay, disrupt, and deny inspections.
The deal even allows Iran to advance its ballistic missile programs and
to stockpile uranium. It is simply a bad deal and the American people
know it.
I went to Embassy Row and stood before the old Iranian Embassy to the
United States, a building which was abandoned on April 7, 1980. And
what the American people understand--and what Washington, DC, does not
seem to understand--is that the technicalities of this deal, though
important, are not the central question.
The central question is this: Why was that embassy abandoned April 7,
1980?
It is because in 1979 there was an Islamic revolution in Tehran, and
the mullahs that came to power are theocratic hardliners that believe
they have a divine mandate. Their divine mandate is to export Islamic
law and tyranny across the Middle East, across North Africa, and
beyond. The tyrants who rule Iran today believe they have a divine
mandate to annihilate Israel.
For 36 years we have had a bipartisan consensus in our country that
the world's largest state sponsor of terror should never be allowed to
become a nuclear-threshold state.
Sadly, the administration has abandoned that bipartisan consensus in
the fanciful, imaginary dream that they are going to transform Iran's
theocratic hardliners into moderates that will no longer oppress
religious minorities, women, homosexuals, and others within their
country. The administration believes that the Iranian regime will no
longer try to spread destabilization and fund terrorism across their
region and across the globe. And this presents dire, but foreseeable
consequences.
The administration's deal with Iran will set off a nuclear arms race
in the Middle East--one of the world's most volatile regions. Billions
of dollars in sanctions relief will be available to the Iranian
Revolutionary Guard and its terrorist proxies to spill innocent blood
and destabilize Afghanistan, Iraq, Syria, Yemen and elsewhere. Either
of these developments is serious enough on its own. Taken together, we
have an unacceptably high probability for regional conflicts that could
quickly spiral into nuclear events. We have to take this seriously;
but, as the outcome of this vote is likely to demonstrate, we are not.
The American people are more serious than Washington DC. The American
people aspire to a day when that old and crumbling embassy is reopened,
but not by the ruling theocratic mullahs. Instead, we can only accept a
nation that believes in human flourishing and in the dignity of their
own people, a government that repudiates the goal of annihilating
Israel and the spreading their Islamic revolution across the Middle
East.
I am grateful that the American people are more serious than
Washington DC, but, it is not too late. I urge you to vote against the
President's deal with Iran.
It is not in our national security interest, and it is surely not in
the interest of our friends in that most dangerous region on the face
of the earth.
The PRESIDING OFFICER. The Senator from Indiana.
Mr. COATS. Mr. President, I came to the floor having spoken at great
length last week outlining why I thought this agreement was something
that ought to be fully debated and fully understood not only by Members
of the Senate but by the American people. We had that debate. We were
promised from the very beginning and it was enacted into law that
Congress would be provided with all materials talked about and agreed
upon before we had a vote to determine whether we would support
approval or disapproval of this. We had a vote Thursday, which was
procedural, to give us the opportunity to register our yes and no, our
yea and nay. The American people deserve to know on the record where we
stand on this. There have been arguments made on both sides of this
issue.
Personally, I think a close examination of this raises serious
questions--so serious that it is not something someone can come to the
floor and simply say: Well, that is over, that is done, and let's move
on. There are more important things ahead. It is hard for me to
understand what is more important than getting this right.
I think the issues I laid out last week on Thursday before the vote
are issues
[[Page S6631]]
that still need consideration. But the real reason we are back here--
thank you, Senator McConnell, for giving us another opportunity--is
because we fell two votes short of the opportunity to even take a vote.
We took a vote on a procedural measure--a measure which, as we all
know, you can go home and hide behind. I don't understand why my 42
Democratic colleagues were afraid to put their names on a yes-or-no
vote proposition so that everyone knows exactly where we stand and
nobody can go home and make an excuse as to why they are for or why
they are against it. It goes all the way back to the Scriptures: Let
your yea be yea and your nay be nay. That has always been what I have
believed to be the right way here in the United States Senate as well
as the United States Congress so that when we go home, the people we
represent know exactly where we stand.
I think what we are witnessing today in terms of the debates that
will be taking place tomorrow in terms of the Presidential nomination
process is the public partly frustrated--frustrated in many ways, but I
think part is the fact that there is a lot of procedural gobbledygook
out there that elected Members can hide behind and not have a direct
clarification of exactly where they stand on any particular issue.
The purpose for delay was to hopefully give our Members the
opportunity to go home and listen to their constituents about how they
feel about this, and perhaps we could have had two of the minority
group who voted to block us from going forward--we won the majority
vote 58 to 42 on a bipartisan basis, including four Democrats, all of
whom have significant foreign policy experience, some having more than
the rest of us. So it was a bipartisan effort to move to this process,
and we came up two short. We were hoping that over the weekend--I was
assuming that many of my colleagues were receiving the same kinds of
calls and input from their constituents as I was. Mine was running 10
to 1 against this agreement. The more we disclosed from this agreement,
the more the American people learned about this agreement, the more
concerned they were, and hopefully they expressed those concerns to
their Senators who went home over the weekend having blocked us from
this vote.
At the very least, we are pleading that we could have a vote so that
our yes is yes and our no is no, so that we reach the threshold by
which we will buy a little bit of time to hopefully expose more of this
very flawed and I think fatally flawed agreement, more time for the
American people to express their wishes.
We are not talking about a normal process of moving legislation
through the Senate; we are talking about a process, a negotiation that
will have enormous consequences for the future, enormous impact on the
national safety of this country, enormous impact on the world in terms
of a rogue nation now having the pathway to development of a nuclear
weapons capability and weapons, unimpeded after this period of time
expires.
The very first thing people ought to understand is that coming down
to the floor--or listening to the President of the United States say
that this prevents Iran from having nuclear weapons or nuclear weapons
capability is false. It is absolutely wrong. This provides a pathway
for them to get it. It just defers, but it legitimizes their becoming a
nuclear-armed nation. This rogue nation, which is seething terrorism
throughout the Middle East and cries ``Death to America'' and
extinction to Israel, will have the wealth because of the release of
well over $100 billion, will have the capabilities because even under
this agreement their nuclear processing research and development goes
forward--with our assistance. It is in the agreement, with our
assistance.
So this is not something we can simply say: Oh well, we had the vote,
you guys came up short, and we will cease all debate because it is
over. It was over for the President of the United States when he
declared it an agreement, not a treaty. If ever something as
consequential as this should fall under being a treaty and not an
agreement, it is this agreement. Yet it was declared an executive
agreement. The President obviously knew what he was doing because he
has had a lot of practice basically saying: I can bypass the Congress,
I can bypass the Constitution by simply declaring it an executive
agreement, an executive order, whatever.
In declaring this, it put us in a terrible position. Thankfully, we
were able to secure and vote into law, on a vote of 98 to 1, signed by
the President of the United States, an agreement that would allow us to
play a role in this and to look at the agreement and anything connected
with this agreement before we made a decision and the opportunity to
vote on approval or disapproval.
Well, all that has been denied, and the President now only says it is
over. The minority leader on Thursday said: It is over. Get over it. We
are moving on. Other things need to be done. We just heard that again
from one of my colleagues here, the second in command on the Democrat's
side. Let's move forward. Moving forward is a violation of the law.
That will be tested in courts. But it is very hard to understand how
the administration and the 42 who voted for this could ignore the very
language they voted for, the very language they agreed on, the very
language that allowed us to go forward and understanding what this
agreement says.
Let me quote from the law which was signed by the President of the
United States, in nearly unanimous agreement by the U.S. Congress:
TRANSMISSION TO CONGRESS OF NUCLEAR AGREEMENTS WITH IRAN AND
VERIFICATION ASSESSMENT WITH RESPECT TO SUCH AGREEMENTS
The President shall--
Not the President might, not the President could if he wants to or
not if he doesn't want to--
transmit to the appropriate congressional committees and
leadership . . . the agreement, as defined. . . . including
all related materials and annexes . . . and any additional
materials related thereto.
Including all related materials and annexes--including appendices,
including codicils, including side agreements.
We have been told--we have learned that there are two secret
agreements that have been made between Iran and the inspection agency.
We have not been allowed to see those agreements despite our pleas. We
have been told by Secretary of State: They don't matter. Don't worry
about it. It doesn't directly affect you.
Who possibly could enter into any contractual agreement, any binding
agreement with the adversary and not require access to the side
agreements? Who would lease a car, who would buy a house, who would
enter into any contractual arrangement with someone who said: Oh, by
the way, there is some secret stuff here, but I can't let you see what
it is. But don't worry--it really won't affect this.
I can't conceive of anybody.
This doesn't take an Ivy League law school graduate or someone
serving in the Congress who looks through this legislation and helps
write this legislation to have people understand that this alone ought
to be reason not to vote for this agreement until they have access to
that material--as required by the law they voted on.
So how can a Member come down to this floor and simply say: I know
everything about this agreement, I like what it does, and I am voting
for it. That is their privilege. That is their right. If they want to
go home and explain that to their people, that is their right to do so.
But how can they go home and explain to the people: I voted for
something without knowing exactly everything that is in it. And by the
way, yeah, I voted for the opportunity to know that, it is in the law,
but the President said, ``Well, I am going to ignore that.''
We have heard that from this President too many times, over and over
and over: I am going to bypass Congress. I am going to game this thing
so it goes my way and not your way. No input whatsoever.
Here we stand. Why again? Because some of us--many of us--58 of us
don't want to simply throw up our hands and say: OK, you have got us.
Let's move on. What is next? Big deal. Not a lot of consequence here,
but we will worry about that later.
We are simply saying that we don't think it is over. The actions by
the majority leader here have given us an opportunity to take another
shot at this.
[[Page S6632]]
Yogi Berra said, ``It ain't over till it's over.'' And I think John
Belushi in ``Animal House'' said: It's over? No, it ain't over. It's
not over.
So it is not over. We have a vote coming up this evening. This vote
this evening will give the American people the opportunity to
understand that this motion to this agreement is going to be killed
through a procedural motion without those who oppose it--even though
they are in a minority but having the procedural right to do so under
the Senate rules by leaving us two votes short of getting to that
particular point.
What are they afraid of? You come down here and you tell people: This
is a good agreement, but I don't want to put my name on it. This is a
good agreement, but we can't keep talking about it. This is a good
agreement, trust me, but, yeah, the side agreements--it is too bad we
had to do that, but, you know, I guess we are not going to have access
to that.
I was surprised by what the previous speaker, the Senator from
Illinois, said about the inspection agreement. Who could possibly agree
to an agreement--concede to an agreement that, yes, we will have
inspections, but you get to exclude the facility that did all of the
nuclear research over the last decade. We are exempted--we need an
exemption from that. And we gave it to them. Also, by the way, we are
not going to let you look at any of our military facilities to see
whether we have had any militarization of this process. Oh, by the way,
if under the agreement you think we are cheating at some other
facilities around or places where you want to have some inspections, we
will think about that. If we disagree, we will go through a Byzantine
process to get to the point where the clock starts running, and then we
have 24 days to try to figure all of this out. And some will say this
goes on much longer.
Having said everything I have said, having done everything I possibly
can do, I am here to ask my colleagues--those who think this is a good
deal--I am here basically just asking one thing even though I have
major reservations. I am not even asking them to change their vote. I
am asking them to give us the opportunity to have a vote. Give us an
opportunity so that we can hold our heads high and go home and say:
This is exactly how I came down on this, and here is my yes or here is
my no.
Isn't that what the American people sent us here to do? We wonder why
they are skeptical, why 70 percent of the people think they can't trust
Congress on probably the most consequential, historic vote any of us in
this body will have in our lifetime, with untold consequences--which I
am going to be talking about sometime later this week--for the future
of the world, let alone for the future of America. How can we hide
behind a procedural motion so that we don't have a full declaration of
where the majority of this body and where the outstanding majority of
the American people stand on this agreement?
I am pleading to my colleagues, have the courage to stand up for what
you believe in and give us a vote. Don't hide behind a procedural
motion. Any one of us has the capability of going home and confusing
the heck out of our constituents by saying: Oh, well, there were
problems with the agreement, and I think we can probably fix it, but
this wasn't the right time to do it, and we needed to move forward. By
the way, the end of the fiscal year is coming up, and we have other
important business to do. Or, it is irresponsible for Senator McConnell
to require another vote or more debate on this.
They want to run from this debate as fast as they can because the
American public--I can only speak for my own constituents, but I see
the polls also. There is heavy opposition to this--10 to 1 in my State,
at least what has been sent to me through all the means of receiving
messages from people these days.
I am going to end here. I see Senator Corker on the floor, who is
totally responsible for this language, which was illegally violated. It
uses the word ``shall'' and it includes the words ``side agreements''
and anything related to this. We owe it to the American people to
understand every possible consequence of this agreement and then make
our decision, which will go down in history. However Members vote, they
will carry that. We will see what this rogue Iran regime will do with
it.
All I know is they are cheering in the streets of Tehran. They are
declaring this a victory that did not cross any one of their objections
and crossed every one of our redlines.
I yield the floor.
The PRESIDING OFFICER. The Senator from Tennessee.
Mr. CORKER. Mr. President, I want to thank the Senator from Indiana,
who served as Ambassador to Germany, who has been so diligent in the
pursuit of truth and knowledge relative to this agreement and obviously
is very concerned about its implications. He has been a stalwart. He is
leaving the Senate at the end of this congressional term. We all are
indebted to him for his tremendous concerns for our Nation's national
security and the efforts of diplomacy to try to resolve the problems we
have.
I know we have another speaker coming to floor in just one moment,
but really because of what the Senator just said, I want to reiterate
one more time as to why we are where we are.
Four times since 2010, the Senate overwhelmingly, working with the
House, put in place sanctions on Iran--four times. That was met with
tremendous pushback from the administration, which did not want to see
those sanctions put in place by Congress. But those sets of sanctions
are the very things that brought Iran to the table. The administration,
along with Russia, China, Great Britain, France, and Germany, began
negotiations with Iran because of the sanctions we overwhelmingly put
in place in this body. Once they were about to reach a conclusion, the
administration decided that instead of giving this to us in the form of
a treaty--which is their choice. It is their choice under our form of
government. I know we have a lot of people in our country who are very
upset about this, but, in fact, it is their choice. They could have
presented it as a congressional-executive agreement, which does live
beyond that, but they decided instead that they were going to do it as
an executive agreement and totally bypass Congress. That was their
purpose. As a matter of fact, I wrote a letter to the President, and
they responded very quickly: Yes, our plan is to bypass Congress and go
directly to the U.N. Security Council. We are going to do this as an
executive agreement. That obviously met with a lot of resistance here,
but it is their choice. But the problem with that, of course, is that
it only lasts while they are in office, and then the next Executive can
change.
Because all of us had brought Iran to the table and because the
administration had planned to use a national security waiver to waive
our sanctions--the ones that brought them to the table--we resisted. We
began on our side of the aisle, saying: No, we want a voice in this. We
brought them to the table. This is the biggest foreign policy issue
that is going to occur while we are here, in all likelihood.
We began pushing on this side of the aisle, and eventually we were
able to get some support on this side of the aisle. Eventually we
passed 98 to 1 a bill called the Iran Nuclear Agreement Review Act,
which, by the way, took back power from the President, basically
saying: You cannot implement this for a 60-day period after it ends.
You have to give us the materials. We have to be able to go through all
the materials. Of course, we haven't gotten all of the materials. Then
we have the right to disapprove or approve. But there is going to be a
pause on behalf of the American people, we are going to go through this
in detail, and then we are going to vote.
That was actually a taking back of power from the administration
which kept them from immediately being able to implement. We are in
that period of time now. The administration has said the clock ends on
Thursday. We are having this vote, but everybody has said in this body
that this is a vote of conscience. Everybody has said that.
By the way, I would add that overwhelming support for sanctions,
overwhelming support for review--there would be an overwhelming vote of
approval had the administration done what they said they were going to
do when they began these negotiations, which was to end Iran's nuclear
program. Had they done that, we would be seeing a totally different
outcome here. There would be 100 people here voting in support of an
agreement. But
[[Page S6633]]
what they did was they squandered that opportunity--squandered it.
Instead, with U.S. approval, Iran will be industrializing its nuclear
program. Research and development will take place. All Iran has to do
is adhere to the agreement, and it will be an advanced nuclear country.
Again, if they had just done what they said, we would be supporting
them. So now here we are. The American people have difficulty. We are
in a process right now. In the Senate, we have something called
cloture. When both sides of the aisle feel as though the debate has
ended, we invoke cloture and then we move to the final vote. We have
had plenty of debate.
By the way, in the Foreign Relations Committee, we have had 12
hearings, not to count the informal meetings that have taken place.
Every Senator in this body probably knows more about this nuclear deal
than any international arrangement that has been agreed to in recent
times. I mean, people have gone through it tooth and comb. So what is
happening now is that we have a bipartisan majority that opposes this
deal. What has happened--it is unfortunate, but Senator Reid--I don't
know whether he saw this as a contest between himself and the majority.
I don't know what happened. But in August, he decided he wanted to
mount a filibuster. It is our understanding that the administration
supported that filibuster. They wanted the Senate to block us from
being able to vote our conscience.
This next vote is not a vote of conscience. It is not. It is a
demonstration of 42 Senators--at least that is what happened last
time--42 Senators--a minority--refusing to let the majority, a
bipartisan majority--the 2 most knowledgeable Democrats on foreign
policy issues oppose this agreement. What they are doing is blocking us
from having that vote of conscience. It has taken on a little bit of a
Tammy Wynette kind of tone to me. It appears to me that this is about
standing by their man. It is not about allowing us to vote our
conscience.
So, yes, people are upset. Almost unanimous support for sanctions to
bring them to the table. Only one Senator disagreeing with our ability
to weigh in. Now we are at a point where it is time to weigh in, and
the minority leader, my friend from Nevada, has organized, with the
administration's support, a filibuster, which is, by the way, put in
place to make sure there is enough debate. We know there has been
enough debate. But instead of allowing debate to end, tonight it
appears. I hope there are some consciences in this body that say: Wait
a minute, this is wrong.
By the way, I know people say: Well, this is just the way the Senate
operates. I will tell you this: I have voted for enough things I
disagree strongly with to make the Senate work to be able to make this
appeal to my friends. Look, 98 of us voted to allow us to vote up or
down on whether we agree with the substance of this deal. It is totally
inappropriate, from my perspective, that a minority of Senators, all on
one side of the aisle--definitely a partisan act, a very partisan act--
appear intended to keep the President from getting a message of
disapproval from the Senate. It appears to me that what they are going
to do is do it again.
I want to say to my friends on the other side of the aisle that our
leader here has honored the request of the body--at least up until
now. He has honored the request to be about a resolution of approval or
disapproval. In this case, since a majority disapprove, it is a
resolution of disapproval, but what we have seen him do is fill the
tree. A lot of people don't know what that means, so I will explain. We
could have had a lot of amendments--and up until this point we haven't
had these amendments--that would have been pretty tough votes to make
that are related to this arrangement, but not about the disapproval
itself.
What our leader has done--in order to keep the debate civil, sober,
and focused on what we are here at hand about--he has actually filled
the tree and kept those amendments from coming in place.
We will have another vote at 6 p.m. We will keep it open for a couple
of hours because it is a Jewish holiday, and we want to make sure that
all of our colleagues can get back here and have the opportunity to
register their vote.
I ask my friends on the other side of the aisle: Is this really in
keeping with the spirit of what we have done?
I have had friends say: Well, we have known all along that it would
take 60 votes. It doesn't take but a week here to understand that a
cloture vote has to be overcome, and in the Senate that takes 60 votes.
My friend from Virginia keeps saying: Well, we all know it takes 60
votes. Look, I understand. The American people understand that it takes
60 votes to move beyond cloture to get to a final vote, which, by the
way, is an up-or-down vote at 51.
So the American people understand what is happening: 42 Senators on
the other side of the aisle, my friends, after voting 98 to 1 that we
could weigh in, have decided that what they are going to do is keep us
from being able to vote the majority, up or down, because they know if
we do, a bipartisan majority--the two most knowledgeable Democrats on
foreign policy disapprove it, making it 58 votes--would be able to send
to the President the feelings of this body, and that is the majority
believes that this deal should be disapproved and that the
administration has squandered the opportunity that we helped create
because they did not end the nuclear program. Instead what they have
done with this deal was to basically legitimize it.
As the Presiding Officer mentioned the other day, we are going to be
helping them with technology. They will continue with research and
development. We have lifted the ballistic-missile ban, the conventional
ban, and we are going to agree to let them begin testing missiles
immediately.
As our Presiding Officer mentioned the other day: What do they need
ICBMs for? Think about it. What do they need them for?
I know it is time for Senator Moran to speak on the floor, so I will
close with this: The American people know they have no practical need
for this program--none. They have one nuclear plant. They could buy and
enrich uranium much cheaper. We know this is about one thing, and that
is them being a nuclear state, and, in essence, we are agreeing to the
industrialization of their program.
With that, I yield the floor to Senator Moran.
The PRESIDING OFFICER (Ms. Ayotte). The Senator from Kansas.
Mr. MORAN. Madam President, I appreciate the remarks of my esteemed
colleague of Tennessee, the chairman of the Foreign Relations
Committee. He has the knowledge and relationships in the Senate to make
the case he just made.
I wish to just briefly address what I see as terrible flaws in this
agreement which was negotiated by the Obama administration with other
countries and with Iran.
I have previously outlined my objections on the Senate floor. I will
restate that I strongly oppose the agreement and would hope that the
Senate, on behalf of the American people, our national security, and
peace around the globe, would make the same decision that I have made,
which is that this agreement results in less stability, a greater
likelihood of war, and a nuclear Iran--a country that is capable of
delivering nuclear devices across its border, shouts ``Death to
America.'' We are acquiescing by the action the Senate has taken to
date that this agreement will take effect.
I can't imagine a more significant vote that Members of the Senate
will take than this one, certainly in the arena of national security,
national defense, and international relations. This agreement concedes
too much and secures too little.
I serve on the banking committee. This is the committee that, because
of our oversight over the Treasury Department, is responsible for
legislation dealing with sanctions. I have participated in the debate
in the committee and on the Senate floor about the sanctions that
Congress has put in place against Iran. In my view, my colleagues and
I--and I can certainly speak for myself--did not vote to put sanctions
in place for the purposes of causing Iran to negotiate a path to
nuclear capabilities. I voted for sanctions time and time again. I
voted to increase them, encouraged by my letters and comments on the
Senate floor, in my conversations with administration officials, and
with my colleagues in the
[[Page S6634]]
Senate that we tighten the sanctions. I didn't ask that the sanctions
be tightened. I didn't encourage the administration to be more forceful
in their enforcement for purposes of creating a setting in which Iran
could negotiate a way out of the sanctions for the purpose of
developing nuclear capabilities. Those sanctions were put in place for
the purpose of keeping Iran from becoming a nuclear power. Instead
those sanctions have been the excuse by which this administration has
negotiated a deal that is bad for the United States, bad for our
European and worldwide allies, and particularly bad for our allies in
the Middle East.
One would think that any agreement that was negotiated would
dismantle Iran's nuclear capabilities. This agreement does not do that.
One would assume that any agreement negotiated would prohibit the
dollars from flowing--particularly billions of dollars to Iran--until
they had complied with the terms of the agreement. But, no, this
agreement allows the dollars to flow nearly from the beginning.
Iran will become a legitimized and enriched nuclear power, and they
will become a wealthier, nuclear-capable country that supports
terrorism in the Middle East and around the globe. As they have clearly
stated, they will continue their effort to terrorize the world and end
our way of life in the West as we know it with their continual chants
of ``Death to America.''
As perhaps an issue that ought to be raised, one would think the
administration would negotiate the release of Americans held captive in
Iran as part of this agreement, but, no, they said that was extraneous.
Yet, they negotiated issues related not only to nuclear capability but
other weapons allowing Iran to increase its weaponization outside the
nuclear arena.
I wish to now talk about the process. I came to the Senate following
an election in 2010, and the frustration I immediately experienced was
that this place was doing next to nothing. For most of my life, I have
been encouraged when Congress wasn't at work because I thought my
constituents were safer in the absence of congressional activity, but I
came to the Senate with the intention of having a Senate that would
work for the purpose of undoing many of the things that have happened
over a long period of time that, in my view, are damaging to our
freedoms and liberties and damaging to our ability to live the American
dream.
I learned in a matter of a few weeks of my arrival in the Senate, and
after taking the oath of office, that in this place the plan was to do
nothing. We have seen that time and time again. My reaction to that
was: I want to go out and see if we can get a Republican majority in
which we have different leadership of the Senate, in which the goal is
to have a Senate that functions, and the opportunity is for every
Senator, Republican and Democrat, to present their ideas on behalf of
their constituents and make the case to the rest of us that those ideas
are worthy of our support.
The goal, in part, for a change in the majority of the Senate was to
have a functioning Senate in which every Senator, Republican or
Democrat, had the chance to present their ideas. I thought, as a result
of a change in the majority, that when we all, Republicans and
Democrats, had the opportunity to present those ideas on behalf of our
constituents, we would see a change in the attitude and approach of the
way the Senate operates.
For much of my early life, what I discovered about America's
Congress--about the Senate and the House--was that there were Senators
who didn't care who the President was or what party the President
belonged to. There were Republican Senators who would disagree with a
Republican President and Democratic Senators who would disagree with a
Democratic President. Somehow over time, the political nature of our
country has changed, and it seems to me we put the party of our
President above the well-being of our Nation. That is dangerous.
I oppose this agreement not because it was negotiated by a Democratic
President. I oppose this agreement because it is wrong, and it is bad
for America. I thought the Senate--once the opportunities for all of us
to present our ideas was available--would once again see the days in
which it was not about party affiliation, but about the idea of
presenting the best course and direction our country should go.
Unfortunately, it seems to me, that the Iran agreement is the poster
child for a Senate that is once again bogged down in support of a
President on an agreement that is unworthy of that support.
Our country desperately needs men and women who serve in public
office whose decisions are made not because they are pressured by a
President, not because their President shares their party and political
affiliation. Decisions need to be made here that benefit Americans
today but, more importantly, Americans in the future. What seems to me
to be missing in my efforts to change the nature of the Senate is that
we are still mired in the circumstance in which--in the absence of 60
votes--the Senate's will on behalf of the American people cannot be
expressed.
The point I guess I failed to understand is when new leadership came
into play that was open and receptive to Democratic and Republican
Senators presenting their thoughts, amendments being offered, bills
being considered, most of my Democrat colleagues would find that
appealing because we all came here to do something we believe in, not
to play a political game. Unfortunately, that does not seem, to me, to
be the case today.
This is the opportunity for us to change course and return the Senate
to the day in which it was deliberative and in which Senators spoke on
behalf of the well-being of the country as compared to the well-being
of a President. It is very discouraging to me. We worked hard to make
certain that the Senate became a place different than it was, and
unfortunately we see in this circumstance it doesn't appear to be much
different than it was a year ago.
I have been a supporter of the rules that allow for a filibuster,
that require 60 votes for the Senate to advance an issue. I always
thought that protected the minority--people who have different points
of view, people who come to Washington, DC, and may not be in the
majority and may feel as if they would be run over in the absence of
their ability to protect their constituents, their ideas, and 60 votes
was designed to protect the minority viewpoints in this country.
This becomes the moment, in my view, in which we can look at what has
transpired on the debate on Iran and reach the conclusion that the 60-
vote rule is damaging to the future of our country because it is
damaging to the ability of the Senate to work the will of the American
people and to make decisions that advance a cause different from one's
political party and political philosophy.
In my view, the time has come for us to consider this issue of how
the filibuster works. It is because this issue is so important and the
outcome of this debate so valuable to the future of our country and the
security of the world that in this case, we need to move forward with a
majority vote to allow this agreement to be rejected.
This agreement is not worthy of the protection it is being given by a
minority of Senators. It is supported--the rejection of this treaty--
this agreement; it should be a treaty--the rejection of this agreement
is opposed by a majority of Republican and Democratic Senators. Yet we
will never have the opportunity--unless a couple of our colleagues
decide to do what is right this evening--for the American people to see
where we stand on this issue.
These are serious times. Nothing is easy in the world. It is always
difficult to know what the right answers are, but the path the Senate
is on today and the path the Senate took last Thursday is a terrible
mistake for the future of our country and the security of our citizens.
I urge the Senate to allow consideration of this agreement, and I urge
the Senate to reject this agreement for the good of America.
I yield the floor to the Senator from South Dakota.
The PRESIDING OFFICER. The Senator from South Dakota.
Mr. ROUNDS. Madam President, I echo the feelings of my friend and
colleague from the State of Kansas. He speaks with emotion and he
speaks with a heartfelt sense of concern that many of us have with
regard to this proposed agreement by the President.
I rise to speak about the Joint Comprehensive Plan of Action, or the
[[Page S6635]]
JCPOA, between the United States, Great Britain, France, China, Russia,
Germany, and the Islamic Republic of Iran. Much has been said about the
agreement over the past weeks and months. My colleagues have addressed
a great number of concerns and deficiencies about the deal and many
outside experts have testified before multiple committees of Congress
explaining their views as well.
In addressing these concerns, I wish to ask just a few simple
questions: Do we believe that with this agreement the United States and
our allies are safer today than we were 1 year ago and will we be safer
when the nuclear limitations expire in 10 years? The answers to these
questions are very important. They will dictate what we decide in one
of the most important votes we will cast in the 114th Congress.
After closely examining the agreement, the following can be
concluded: Upon verification by the IAEA--the International Atomic
Energy Agency--of Iranian compliance, supposedly within a few months if
Iran is in compliance, they will, after payment of their obligations,
receive around $56 billion that were frozen in overseas accounts.
Further revenue will be generated because the European Union has agreed
to lift its ban on the import of Iranian oil, thereby providing Iran
with billions more in revenue with which to repair its oilfields and
begin to repair its battered economy.
According to the Wall Street Journal, Iran's Deputy Petroleum
Minister recently stated that his country's oil exports would reach 2.3
million barrels a day, compared with around 1.2 million barrels per day
today. Iran would also gain access to 50 million barrels of oil which
have been held offshore, and economists estimate that Iran's economy
will grow up to 9 percent in the year after the implementation of the
agreement.
This verification that we talk about by the IAEA will be accomplished
through protocols that Members of the Senate have not seen in writing
and that the administration has not--nor will they--agreed to provide
to us. This is in direct contravention to the Iran review act, which
the President signed into law, agreeing to provide all documents and
side agreements and, according to reports, will unbelievably allow the
Iranians to provide their own inspections of their military work on
nuclear sites to the IAEA.
A robust inspection of a regime requires an anytime, anywhere
inspection policy. Unfortunately, under the idea of managed access, as
found in this agreement, if the IAEA requests access to an undeclared
location, under this agreement Iran can delay access to the facility
for 2 weeks or longer with the outlined multistep process for
undeclared locations.
U.S. sanctions against foreign firms for dealing with Iran in the oil
and financial sectors, which have been the most effective sanctions
enacted against Iran, will be suspended upon implementation of this
agreement. Sanctions prohibiting U.S. firms from conducting business
with Iran will remain in place, but with a large carve-out for non-U.S.
entities that are owned or controlled by U.S. companies. Some sanctions
will also be lifted against Iran's Revolutionary Guard, the entity that
actually runs the military aspects of Iran's nuclear program.
Furthermore, the agreement requires the United States to make certain
that U.S. State and local governments comply with sanctions relief
contravening their own sanctions placed on Iran.
Now, this proposal, the JCPOA, also commits the P5+1--that working
group of countries--to work to strengthen Iran's ability to protect
against and respond to nuclear security threats, including sabotage,
which we can presume would mean from even our allies who feel deeply
threatened by this agreement which transforms Iran--a terrorist State--
into a breakout nuclear power and still a terrorist State.
In year 5 of the agreement, Iran will be removed from the United
Nations arms embargo. Yet as the Chairman of the Joint Chiefs of Staff,
GEN Martin Dempsey, told the Senate Armed Services Committee in August:
``Under no circumstances should we relieve pressure on Iran relative to
ballistic missile capabilities and arms trafficking.''
In year 8 of the agreement, Iran will be removed from the United
Nations ballistic missile embargo.
Now, in July of this year, Secretary of Defense Ashton Carter
confirmed to me in a hearing that under this deal, he could not rule
out Iran acquiring, within 10 years, an intercontinental ballistic
missile that could hit the United States. This means Iran would have
the capability of producing a nuclear weapon that could reach U.S. soil
in a decade.
These comments come after Gen. Paul Selva, now the Vice Chairman of
the Joint Chiefs of Staff, told me during a separate hearing that Iran
remains the leading State sponsor of terrorism, and resources gained in
sanctions relief under the nuclear deal could be used by Iran to
continue sponsoring terrorism.
Under the agreement, the United States agreed to allow the nuclear-
related equipment to remain in Iran under lock and key, and Iran will
be allowed to continue researching IR-4, IR-5, IR-6, and IR-8
centrifuges. Iran will also be allowed to begin testing IR-6 and IR-8
centrifuges in cascades of 30 at year 8 of the agreement. After 8
years, many of the research-and-development restrictions are removed
and Iran will begin to manufacture advanced centrifuges. All R&D
restrictions end at 10 years.
Finally, after 10 years, Iran will be free of the restrictions on
enrichment and could become a nuclear threshold State--legally, under
international law--only postponing the inevitable nuclearization of
Iran.
So with these facts established, I am left with what appears to me to
be the undeniable answers to my questions: The United States and our
Middle Eastern allies are absolutely not safer today than we were 1
year ago, and we will all be left unquestionably less safe when this
agreement ends in 10 years. I, therefore, oppose this deal. It is an
agreement that will reward a violent terrorist regime. Instead of
stopping the Iranians from ever obtaining a nuclear weapon, it merely
delays it. This deal is shortsighted and dangerous for our security.
Just a few days ago I was talking with my 8-year-old grandson. He
asked me what I was working on in the Senate. I told him about the
President's proposed deal with Iran. I told him what we were giving
them. I told him about the money, the lifting of the sanctions, the
access to weapons and, soon, the ability to make a very bad bomb. After
all of this, he looked at me and he simply asked: ``What do we get out
of it?'' If this third grader can see how bad this deal is, so should
we.
In conclusion, I urge my fellow Senators to vote not only to allow us
to debate this issue but to vote in opposition to the President's deal
with Iran. It is truly wrong for the United States and for the world.
If my grandson understood that we truly are getting a bad deal--one
that we should reject--most certainly we should understand as well.
Madam President, I yield the floor.
The PRESIDING OFFICER. The Senator from Tennessee.
Mr. CORKER. Madam President, I am moved by the comments of my friend.
He told me the story regarding the discussion with his 8-year-old
grandson.
I wish to reiterate that had the President and those he designated to
negotiate done what they said they were going to do--and that was to
end Iran's nuclear program, something we all celebrated--and if the
good Senator could say to his grandson that is what we got out of the
deal, what we would have here today is unanimous support of approval.
This body was so involved in bringing Iran to the table. It is
unbelievable the way--in these days and times, since 2010, four times
the Senate has voted almost unanimously to put sanctions in place to
bring Iran to the table. It is also hard to believe the administration
took the one issue that has caused us to almost have unanimity which,
let's face it, is rare in these times--the one issue where we have had
almost unanimity is to bring it to the table by passing sanctions and
then give us a right to weigh in. They were trying to go around
Congress by going directly to the U.N. Security Council. But what they
did on an issue that the American people are solidly behind--and that
is Iran not having nuclear weapons--what they did was squander--
squander--the one opportunity for this body to act in unison; that is,
to approve what they have done.
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As the Senator just mentioned, what they have agreed to--what the
partisan minority Senators on the other side of the aisle will not even
allow us to vote on--vote our disapproval where a bipartisan majority
disapproves--what they have agreed to, literally, is, with U.S.
approval, Iran can industrialize their nuclear program, can develop
long-range missiles, can be involved in research and development, which
makes the IR-1 centrifuges, where all the focus has been, look like
antiques compared to what they are going to be--what they are
developing right now, and we are allowing them to do that. Again, this
is in a country that has no need for a nuclear program--none.
I mean, there is no practical need for the pain they have put their
citizens through for the past several years under these crushing
sanctions that brought them to the table that we put in place--no
reason for that. They want to be a threshold nuclear country, and our
government--our officials--has agreed to that. They have agreed to that
at a time when we have no Middle East policy--none. We are watching on
television refugees from countries that are the result of the fact that
we have no Middle East policy. In that vacuum, this Nation--this
administration, without this being disapproved and sent back--this
Nation is going to agree to the industrialization of the No. 1 state
sponsor of terror, which is propping up the regime that is causing all
of these refugees to be flooding into Europe and other places.
With that, I see Senator Cassidy of Louisiana who has been such a
stalwart on national security issues, and I will yield the floor.
The PRESIDING OFFICER. The Senator from Louisiana.
Mr. CASSIDY. I thank the chairman of the committee.
Madam President, the challenge in speaking after so many others have
on this agreement is that almost every angle has been addressed. But
the advantage is that I have been able to learn what others have to say
and perhaps introduce new ideas.
I am actually struck that Democrats and Republicans agree. We all
agree that the Iranian agreement is flawed, that it does not achieve
the objectives originally defined by President Obama, and everyone is
worried that the Iranians will use a portion of the $50 to $100 billion
they receive as a result of this agreement to advance the cause of
terrorism.
What we do not agree on is whether or not the administration could
have and can get a better deal. Ironically, Republicans have more faith
in the President than the President's fellow Democrats do. Republicans
think that if Barack Obama and John Kerry called them back up--showed
leadership among our allies--that we can do better and Democrats think
not. I continue to have more faith in the President and Secretary Kerry
than my Democratic colleagues because typically the stronger party in a
negotiation gets the better deal. It seems as if the United States and
our allies were the stronger parties.
Iran's economy is in terrible shape. The regime's survival is
threatened by dissatisfaction with 25 years of a corrupt bureaucratic
autocracy, with economic mismanagement. Iran needs to get $130 per
barrel of oil to meet the government's obligations, and oil is far
below that. Iran's trading partners are limited, and aside from this,
the Iranian people want freedom. There is discontent with the regime.
But far from the stronger party prevailing, this agreement concedes
on the very goals that it sought to achieve. We pursued this agreement
with the intention of ridding Iran of its nuclear program. Instead we
have agreed to lift sanctions that have crippled Iran's economy and
give immediate access to $60 billion, essentially bailing out a
struggling regime. It is fair to ask: In return for what?
According to the President and my colleagues who support this deal,
we get the opportunity not to go to war, and all Iran had to do was
simply agree to continue developing and running their nuclear program
in a peaceful manner. But to quote Leon Wieseltier, a Senior Fellow at
the Brookings Institute:
This agreement was designed to prevent Iran from acquiring
nuclear weapons. If it does not prevent Iran from acquiring
nuclear weapons--and it seems uncontroversial to suggest that
it does not guarantee such an outcome--then it does not solve
the problem that it was designed to solve. And if it does not
solve the problem that it was designed to solve, then it is
itself not an alternative, is it? The status is still quo.
How can it be the claim that this Iranian agreement protects the
American people from the dangers of war when we are also told that the
United States must provide more military support to our allies in the
region because of this deal increasing the likelihood of war?
Secretary Kerry acknowledged in a September 2 letter that, indeed,
war is more likely: ``Iran's continued support for terrorist and proxy
groups throughout the region, its propping up of the Assad regime in
Syria, its efforts to undermine the stability of its regional
neighbors, and the threat it poses to Israel'' are real concerns. He
goes on to say, ``We have no illusion that this behavior will change
following the implementation of the JCPOA.''
Why are we willingly, I ask, legitimizing a nuclear program of a
country that we feel this way about or, worse yet, why are we willingly
agreeing to lift sanctions, which gives Iran billions of dollars and an
improved economy and therefore the extra resources with which they can
buy and distribute conventional weapons, which Iran can now buy
legally? Regarding the purpose of the conventional weapons, in the
final hours of negotiations, the lifting of the embargo against the
sale of conventional weapons and missiles was added to this deal. In
just 5 years we lift the embargo against conventional weapons, and in 8
years we lift the embargo against ballistic missiles. Secretary Kerry
has declared that this provision is a win. The terrible thing about
this deal is that it is full of wins such as this. Iran's interest is
advanced, and the rest of the world is less safe.
This does not add up. We have the administration claiming that the
regime is weak underneath our sanctions--and for that reason Rouhani
was able to persuade Khamenei to come to the table for negotiations--
yet stating that Iran's opposition to lifting the arms embargo was too
strong to resist. The country cannot be too strong and too weak at the
same time.
Furthermore, knowing that the Iranians have cheated on numerous
previous nuclear agreements, why don't we have a stronger mechanism
with which to punish them should they cheat? All this deal puts in
place is the snapback. The hope is that reimposing sanctions on Iran
will once more cripple their economy. The same sanctions that have been
implemented over many years are expected to somehow immediately return
to full strength. What is to say that countries such as Russia or
China, which were initially reluctant to impose the sanctions on Iran,
would agree to snap back should Iran cheat? Especially considering how
much stronger Iran will be once their economy is given the chance to
rebound, it seems more likely that these countries believe the economic
advantages of lifting sanctions on Iran far outweigh the implications
of a nuclear Iran.
It has been stated one way or another by others, but I will discuss
something that has not been discussed in relation to the Iranian
agreement but which I am surprised is not of greater concern to
Democrats. In its environmental impact statement issued in February
2014, the State Department estimated that the Keystone XL Pipeline,
which would ultimately carry 830,000 barrels of oil daily, could
increase emissions of heat-trapping greenhouse gases by 1.3 to 27.4
million metric tons annually. Based on these calculations, President
Obama has denied Americans a chance to expand our energy independence
and to in turn create 40,000 direct jobs and many more indirect. If
this deal goes through--the Iranian deal--the Iranian oil minister
stated that Iran could send 500,000 barrels of oil per day to the
market immediately upon easing the sanctions and up to 1 million
barrels of oil per day within 6 months. According to an estimate by a
DC think tank, if Iran increases their oil production by this much, it
will release 156 million more metric tons of carbon dioxide per day.
Wait a second. If we build the Keystone XL Pipeline, we may have 1.3
million metric tons. We can't do that because of greenhouse gases. But
the Iranian agreement, which the President said has to occur, will
increase greenhouse gas emissions by as much as 156 million metric
tons--over 100 times more.
[[Page S6637]]
If climate change is the greatest threat to the United States, even
greater than a nuclear Iran, it seems as though the President has said
he is willing to accept that danger in order to give the Iranians this
deal.
Well, I return to where I started. I ask my Democratic Senate
colleagues not to have such low expectations of the President and to
demand a better deal for the American people. I stand by the assertion
that the alternative to this bad deal is not war, but a better deal.
I am confident that our Nation can stand from a position of power and
negotiate the deal we set out to achieve.
Thank you, Madam President.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The senior assistant legislative clerk proceeded to call the roll.
Mr. RISCH. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. RISCH. Madam President, I am here to make a few remarks about the
proposed agreement between the United States--our participation in the
agreement with the Government of Iran. I am going to speak briefly
because we have been through this. I just want to underscore a few
points that are very important to me as to why I am going to be voting
the way I am voting.
I think, first of all, one of the things you always want to do when
you are entering into an agreement is weigh whom it is you are making
an agreement with. I always told clients when I was practicing law that
more important than the words on the paper were the people whose
signatures appeared at the bottom. I think, in this particular
instance, we could not have a worse situation than what we have.
The Iranians have shown us what they are made of for decades. We all
know what they are made of. This is not going to be a good time as we
go forward. Generally, when people make an agreement, and people make
agreements every day, they agree on an objective and then both
cooperate as they move forward toward that objective. That is not going
to happen here. We have seen before the Iranians operate under similar
circumstances. They cheat, to begin with, on a regular basis. But just
as importantly, they will stiff-arm, they will drag their feet, they
will misinterpret, they will challenge, they will do everything
possible to avoid meeting the objective of the agreement.
How did all of this start? You remember when this whole thing
started, everyone was cheering about what a wonderful thing this is,
and we are going to go forward with this, but we do not trust them, and
no agreement is better than a bad agreement. Well, what has happened
since then? There is not anybody saying this is a good agreement. This
is a bad agreement. So why did we not stick with the proposition that
no agreement was better than a bad agreement? Now the mantra that
people are talking about is, well, it is not perfect.
I would urge that with what we are dealing, the people we are dealing
with, and because of the consequences for America, for the world, for
the Middle East, it needs to be perfect, and it is nowhere near
perfect. I want to underscore a couple things in that regard.
The other thing we started out with was that the President promised
us that we are going to have inspections anytime, anyplace. Nothing
could be further from the truth now that this agreement has been put on
the table. This is not an anytime, anyplace agreement. Indeed, the
procedures--if you wade through the difficult and complex procedures
for how you get to an inspection when there is suspicion or even when
there is not suspicion, if you are just doing it to check, it is going
to be very difficult to do that. In addition to that, there are places
in Iran that are off limits. No American will ever set foot in there.
No IAEA inspector will ever set foot in there.
So why anyone would make this kind of agreement is beyond me. I am
talking about Parchin. Parchin is a place where they have done the kind
of work in the past that we want to stop. Indeed, by getting in there,
by going through it, by inspecting it and doing an analysis, we would
be able to tell what they did so we could expect what they would do in
the future--and they will. In addition to that, the most likely place
in Iran for bad things to happen is at Parchin. No one can get in
Parchin. Why would the Iranians insist on a provision in this agreement
that no one can get into Parchin? There is only one reason: They intend
to cheat and they intend to do it at Parchin. They have gotten away
with a lot of things at Parchin in the past, so they want to protect
it.
All of these things argue for no agreement being better than a bad
agreement, which this is.
Let me talk about a couple of the things. There has been a lot of
time spent on them, but this situation regarding the money is just--I
don't understand how people can talk about signing on to this
agreement, when you are talking about what is going to happen with the
money that is going to be freed up for Iran. There is $150 billion that
is going to be freed up. Now, you will get people who say: Well, it is
not that much because they owe this. It is dedicated here, what have
you. So let's just take the 50 billion that everybody believes--I think
they say 54 billion, but let's take $50 billion--$50 billion. In Iran
this is not small change. Here in the United States, obviously, it
would be a much smaller amount. But the statistics, when you compare
what $50 billion means to the regime in Iran, it is very substantial.
What does Iran do with its money when it gets money? Since the
sanctions have been on, their economy has been ratcheting down and
down. Life has become much more difficult there from an economic
standpoint. The government has very little money to operate. But every
country has national priorities. Every single country on the face of
this Earth has national priorities. The only way can you judge it is
how they have spent their money in the past. During this period of
time, while they were in very difficult financial straits, they had the
ability to fund and to finance the worst enemies America has, the worst
enemies the world has--terrorists. They have funded Hamas, they have
funded the Houthi rebels, they have funded Hezbollah, and others. Every
problem we have in the world with terrorism has Iran's fingerprints on
it.
They have been able to fund that even when they were in difficult
financial straits. What do you think is going to happen when they get
this windfall of $50 billion? Those organizations are going to become
flush with cash. They are going to be able do things they have not been
able to do in the past. If you go to the hospitals here in America
where our veterans are lying with missing limbs--arms and legs--almost
all of them, almost all of them were caused by a device that Iran
either made or financed. That is where this money is going to go. How
can you go to bed at night saying, well, yes, I agreed to this because
it is going to be a wonderful thing for the world, when you have
actually put money in the hands of these terrorists who are going to
hurt America's best who go out into the field? It boggles my mind. When
you are sitting at the negotiating table, why did someone not say: Hey,
if we catch any of this money going to terrorists, all bets are off,
and we are going to pull back everything.
It is not just the $50 billion. More important than that is Iran will
now have a continuous cashflow because they are going to be able to
sell their oil, and they are going to be able to generate substantial
amounts of money. So it is not just the $50 billion. This money thing
is a real problem. It absolutely boggles my mind that--I don't know how
anybody who supports this is going to look these Americans in the eye
who are hurt by these devices that are made and that are financed by
Iran. It is going to go on. It is going to continue. This money is
going to be used for that. That alone, to me, is sufficient reason not
to vote for this. It should be sent back, saying: Look, we need a
specific agreement that this money is going to be used for domestic
purposes for you to help the people of Iran--the people who want to do
good things--and not sent off to foreign terrorists who are going to
use that money to kill Americans and to kill other people.
I wish to talk for a second about the secret agreements that are
incorporated into this. Who--who--would sign a contract or an agreement
where
[[Page S6638]]
you incorporated two agreements made by two third parties, you don't
know what is in them--you will never know what is in them unless things
go south and go south badly--but you will have agreed to that. Whatever
happens as a result of these secret agreements--whatever happens as a
result of these secret agreements--we are going to have to abide by it
because we will have entered into this.
Nobody enters into a contract to buy a bicycle where they have secret
agreements. You wouldn't buy a consumer product for your home if at the
bottom line it said: By the way, there are two agreements between so
and so and so and so. Neither of them is a part of this, but by buying
this and signing this contract, you are agreeing to whatever is in
there.
I don't understand that. No American has seen it. We get fairly good
information in the Intelligence Committee, and we have had closed
hearings on this. We have dragged in everybody. The closest I have come
to is Wendy Sherman. She was the No. 2 negotiator behind John Kerry.
John Kerry has not seen these agreements--and everybody tells you what
is in these agreements.
I cross-examined them:
How do you know what is in these agreements?
Well, that is what we were told.
Well, how do you know it if you haven't seen it?
Well, the Iranians tell us what is in there, and the IAEA tells us
what is in there. So we are willing to accept that.
But no American has seen it. Wendy Sherman admitted she was in a room
with a number of people when the agreements were there, and they were
being waved around, but she did not read those agreements. She cannot
tell us what is in those agreements. She tried to tell us what is in
those agreements. Others tried to tell us what is in those agreements,
but nobody knows because they will not let us see what is in those
agreements.
Why is that? Do you think there are things in those agreements that
show this is a good deal?
They are hiding stuff. There are bad things in there for America. Yet
people are willing to sign on to this and to endorse, to adopt, and to
ratify two secret agreements that no American has ever seen or can
vouch for what is in those two secret agreements.
One of the things that is included in there that they have admitted
is how Parchin gets inspected or, rather, isn't inspected. If they are
willing to admit that in those secret agreements there is a provision
that says Parchin will never be inspected, can you imagine what the
rest of the matters are that are in those agreements? It is outrageous
for someone to adopt, on behalf of the American people, provisions that
they don't know what they are.
Let me just say that I come back to where I started; that is, we need
to have a full appreciation of whom we are dealing with. While this is
going on, while the Senate is debating this, and while the American
Congress is debating this, the leaders of Iran proudly stand, beat
their chests, and say: We promise you that Israel will not exist in 25
years.
I don't believe much of what they say, but what I do believe is,
because of the way they have acted, because of their history, that they
will do everything they possibly can to make that promise come true.
This is whom we are dealing with. They are going to try to eliminate
our closest ally in the world over the next 25 years. This is whom we
are dealing with. And we are willing to get in bed with these people
and throw Israel under the bus? It is fantastic. It just does not make
sense, but that is whom we are dealing with. They are promising, while
all this is going on, that they will see that Israel does not exist in
25 years.
Well, it has been all over the media that the people who were
supporting this are looking for a legacy. I promise you that the people
who support this are going to get a legacy, but it is not going to be
the legacy they want. When this thing goes south, the media and every
American is going to be looking for the people who did this, who
supported it, and who ratified it through this Congress.
I yield the floor.
The PRESIDING OFFICER (Mr. Gardner). The Senator from Connecticut.
Mr. MURPHY. Mr. President, I am back to the floor a second time to
speak very briefly in favor of the nuclear agreement with Iran. I don't
clearly understand why we are here again.
When I was sworn into the House, I remember that one of the things
people told me was a phrase that said that politics stops at the
water's edge. The idea was we reserve our deep political, partisan
disagreements for domestic issues, and we don't hesitate to disagree--
often vociferously--with each other on issues of national security that
regard our relations with other countries, but we do that based on
policy grounds. We don't do that in order to try to score political
advantage with one another, because when you are playing pure politics
with international relations, you are really playing with the security
of this country.
There is absolutely no reason to have this vote today other than a
desire on behalf of the majority party in the Senate to try to gain
some perceived political advantage over the minority party or over the
President.
We know exactly what is going to happen. There aren't the votes for
this resolution of disapproval to proceed past the Senate. There
weren't the votes last week. There will not be the votes this week. We
know this agreement is going to go into effect and we, frankly, have a
lot of work to do. We have a lot of work to do to keep the government
open and operating. We have a lot of work to do to implement this
agreement. I will mention in a few moments that we have a lot more work
to do in the Middle East to try to secure those who are running from
terror and violence.
This is a waste of our time tonight. This is just about politics.
This is just about trying to gain political advantage over an issue
that is fundamental to the security of this country and to our allies.
I continue to support this agreement for a very simple reason. I just
think it is the best way, taking a look at the options in front of us,
to stop Iran from getting a nuclear weapon. I know there are others who
are hopeful--by the moderates achieving a victory within Iran's
political power structure--that there will be a willingness to try to
come to the table and figure out some other very meddlesome issues in
the region, but that is not why I support this.
I support this because I believe we have negotiated an agreement that
is going to make it much less likely for Iran to get a nuclear weapon
than if we were to reject the agreement. We are dramatically reducing
the number of centrifuges; the quality of the enriched material will be
greatly reduced from 20 percent down to 3 percent; we essentially
eliminate their stockpiles, reducing their stockpile materials by about
97 percent; we get intrusive, unprecedented inspections on the entirety
of the supply chain, so if they try to cheat--and they may try to
cheat--we will have a much better chance of catching it with inspectors
on the ground than if we rejected this agreement and had no inspectors
on the ground.
Then, importantly--and I think especially for many of my more hawkish
Republican friends--we preserve the military option and make it much
more effective and credible under this agreement. It is much more
effective because we are going to have eyes on the program and on the
supply chain so that if we did catch Iran cheating with those
inspections, we would have more information than we would if we didn't
have any inspectors on the ground. It is more credible because we will
do it in the context of an international agreement, meaning that if we
do have to strike militarily, we will have our partners, our
international partners, by our side--which we frankly would not have if
they all asked us to sign this agreement to try to put us on a
diplomatic path to divorce Iran from a nuclear weapon--we alone refused
and then asked them for help in a military endeavor, they wouldn't go
with us and, thus, we would be on our own. We have just the last 10
years to see what unilateral, U.S. military action in the Middle East
looks like. We are better off when we have partners.
But this has always been a choice between one set of consequences
flowing from the adoption of the agreement versus a set of consequences
flowing
[[Page S6639]]
from the rejection of the agreement. I have heard very little realistic
talk from the opponents of this deal about what their conception of a
realistic alternative would be because most serious foreign policy
thinkers are of one mind when it comes to what will happen if Congress
were to reject this deal--and we are not going to. We knew that last
week.
But what we know is that Iran's nuclear program would start back up.
I don't think they would rush to a bomb--very few people do--but they
would start their nuclear program back up, have more centrifuges
spinning, and more stockpiled material piling up.
The inspectors would get kicked out. I don't think there is any way
they would allow for inspectors to remain in the country if it wasn't
in the context of a deal. The sanctions would probably fray at first
because the Russians and Chinese would not walk away, but they would--
over time--fall apart. The military option, as I mentioned, would get
harder because we wouldn't have as much knowledge of their program, and
we would have to go it alone with Israel, potentially, but probably not
with our international partners who would feel badly burned by this
rejection.
Finally, U.S. credibility as an honest, diplomatic, negotiating
partner would be greatly damaged if--with the unanimous support of the
Security Council, the unanimous support of the P5+1--the Senate and
Congress decided to walk away from this deal.
This idea that there is a magical, better deal on the table is just
fiction, plain and simple. There is no way to go back to the
negotiating table if Congress were to reject this deal. The Iranians
will not come back to the negotiating table. Our P5+1 partners have
told us to our face that they will not come back to the table. So you
are left, at that point, with an isolated Iran with a nuclear program
restarting, with sanctions fraying, and with U.S. credibility damaged.
I have no idea how that makes this country or that makes our allies in
the Middle East any safer.
I have listened to all of the arguments against it, and I listened to
Senator Risch--who is a good friend--just make his secret agreement
argument again. But it is amazing to me, having had so much attention
over this AP article a few weeks ago on this supposed secret agreement
between the IAEA and Iran, that there has been not even a whisper from
opponents about the article this week correcting the AP story talking
about how, in fact, the IAEA--according to this report--is going to
have direct access to Parchin and is going to be able to take samples
under the agreement they have with Iran.
There is a lot of talk about the first article, but the second
article that corrects the record, nary a whisper from folks who oppose
this deal. The reality is that this secret agreement you talk about,
this agreement between the IAEA and Iran as to how they inspect Iran's
nuclear program is nothing new because the IAEA has this with every
single country they inspect. It is the foundation of the IAEA's
inspection regime, the idea that they could only have credibility--they
can only have credibility if they don't disclose the secrets of the
countries that participate in the program. The IAEA could not function
if it weren't for these agreements.
Now, we all sat in a room and were briefed on this agreement, so
there is not a single Senator who cannot say they don't know what is in
this agreement. There is not a single Senator who could say the AP
story was correct. There is not a single Senator, if they were sitting
in those briefings, who can say they were surprised by what we heard
this week. The argument, especially after reporting that we have seen
this week, just doesn't wash any longer.
But as I said at the outset, the imperative to move beyond this
argument is not just because we shouldn't be playing politics with an
issue of this import but also because we have to come together on other
issues that are vital to the stability of the region.
Syrian Refugee Crisis
Mr. President, I just came back from a Syrian refugee camp with
Senator Peters: 80,000 people living in this camp with 250 of them
getting on a bus every day and going back to Syria. Why? Because they
have been sitting in this camp in abysmal, unconscionable conditions,
for 2 years, 3 years, 4 years, and they have no hope, no hope of ever
getting out. So they are going back to Syria. They are taking their
kids and almost accepting the potential for death because the
conditions in these camps gets worse and worse and their hope just
atrophies away. Those who aren't just going back to live in Syria, as
we know, are pouring into Europe by the tens of thousands.
When we were in the region, our partners in the Middle East told us
two things. Our Arab partners in the Middle East said: Get this
agreement done. It is vital to the security of the region. To a person,
every single individual we met with in Qatar, in UAE, in Iraq, and
Jordan said: Get this deal done.
Second, they said: Step up to the plate and do more when it comes to
solving this humanitarian disaster. Take refugees--like we are--in
Jordan, Iraq, and Turkey. Make sure that the World Food Programme
doesn't run out of money, as it is about to. Think about that, 1
million refugees in Jordan are about to lose their food benefits
because the United States and some of our partners refuse to put up
money to continue to operate the program. And guess what. When they do
not get funding from the World Food Programme, they go to see who else
is offering them sustenance, and often it is the extremist groups we
are trying to fight. When you stop funding the World Food Programme,
you push thousands of individuals into the very arms of the groups we
are attempting to take out, degrade, and destroy in the region. It is
unconscionable that we are not feeding people in the Middle East who
have fled violence, but it is terrible national security strategy to
push them into the arms of the extremists.
What we should be debating today is an emergency appropriations bill
to allow for refugees to come to this country, as has been in the best
traditions of America, and to fund humanitarian assistance so that
people don't starve and die or get pushed back into Syria to be killed
by Assad and others. But instead we are having another vote--another
vote--on the Iran nuclear agreement when we know the outcome is
predestined.
We have some really important stuff to talk about here, and we need
to move on from this debate so we can start to build on the credibility
we have already grown by virtue of negotiating this agreement in the
region.
Mr. DURBIN. Will the Senator yield for a question?
Mr. MURPHY. I would be happy to yield.
Mr. DURBIN. I would like to ask the Senator from Connecticut a
question through the Chair.
First, let me thank the Senator for raising this issue. I have said--
and I think my colleague may share the feeling--that this may be the
greatest humanitarian crisis of our time, and other generations will
ask us: What did you do in the midst of the Syrian humanitarian crisis?
I met with four Syrian families in Chicago who are now refugees. They
made it, and they have these horrible stories of what they went
through. But when we look back at the past and what we have done in
America for Cuban refugees, and I believe at least one of our
colleagues here was a Cuban refugee--his family was when they came to
this country; refugees from the Soviet Union, Jewish people suffering
from persecution and wanting to escape; refugees from Somalia; the
Hmong people from Vietnam; and Bosnians who made it to the United
States, it seems to me that in the sweep of modern history--since World
War II, I would add quickly--that we have really established ourselves
as caring for refugees, not only feeding them but accepting them, after
careful vetting, in the United States.
So I ask the Senator from Connecticut, when we hear what is happening
in Europe, is he struck by the fact there are some countries opening
their arms in extraordinary ways and others, sadly, going in the
opposite direction with these refugees? I am sure the Senator has been
struck by that as well.
Mr. MURPHY. I say to Senator Durbin, I come from Connecticut, one of
the Thirteen Original Colonies. We are proud of our role as part of the
foundation, the fabric of America, and our
[[Page S6640]]
State's motto is ``He who transplants sustains.'' This Nation's
existence is predicated on people coming here fleeing persecution,
sometimes violence, and finding a home. It represents the best of
America's traditions. Some 190,000 Vietnamese came here, and 180,000
from the Balkan countries came here just a decade ago.
The Senator is right--this isn't easy because we have to go through a
substantial vetting process to make sure we are not bringing anyone
here who even sniffs of potential violence or connection to terrorist
groups. I was sitting in those Syrian refugee camps 2 weeks ago, and I
was looking at 8-year-old kids digging ditches through the sand so the
feces running out of their house has a place to go. Those little kids
aren't terrorists.
We can figure this out. We are going to need some additional
resources to do it. I thank the Senator for taking such a lead in the
caucus, and I am hopeful we will be able to move on to that debate in
the Foreign Relations Committee and in the Appropriations Committee
after today.
I yield the floor.
The PRESIDING OFFICER. The Senator from Tennessee.
Mr. CORKER. Mr. President, I notice a discussion taking place. I wish
to speak for approximately 10 minutes prior to the vote, assuming that
is acceptable to the minority.
Mr. DURBIN. I would advise the Senator from Tennessee that all time
remaining is on our side of the aisle, but I would yield half of it--5
of the next 10 minutes--to him.
The PRESIDING OFFICER. The Senator from Tennessee.
Mr. CORKER. I thank the Senator very much. I will be very brief. I
made these points earlier today, but I would just like to remind people
as to why we are having this vote this evening.
Almost unanimously, on four different occasions since 2010, Congress
passed sanctions. Both sides of the aisle strongly supported sanctions
being imposed upon Iran to bring them to the negotiating table. That
was something which was very strongly bipartisan.
When it came time to bring them to the table and begin negotiations,
the President declared the goal was to end their nuclear program, and
they began negotiations. And by the way, we celebrated that goal. I
think there would be unanimous support for the agreement had that goal
been achieved. But the President then declared that instead of bringing
this as a treaty, which typically would be the case for an
international agreement, or bringing it as a congressional-executive
agreement, he was going to call this an executive agreement so that
only he would be involved in it.
That being known to this body, again in a very strong, bipartisan
way--98 to 1--we voted for the first time since I have been here to
take power away from the President and to keep him from invoking the
national security waivers he had with the sanctions and to say: No, we
want 60 days to go through this deal and we want the right to approve
or disapprove and to vote our conscience.
Let me say one more time that had the President achieved his goal, we
would have unanimous support here supporting the deal itself. We would
all be supportive of ending their program. But the administration
squandered that opportunity and instead has agreed to the
industrialization of their program, their development of
intercontinental ballistic missiles, their development of even faster
centrifuges to ensure they are a nuclear threshold state.
What the public may not understand is taking place here now--we have
had a debate. We had 12 hearings in the Foreign Relations Committee. We
have had all kinds of Senators debating. As a matter of fact, Senators
know more about the Iran deal than probably any international agreement
in modern history. It has been studied and debated.
So the minority, 42 Senators--I might say a partisan minority because
they are all Democrats--a bipartisan 58 Senators--the 2 Senators who
know more about foreign policy issues than any other Senators on the
Democratic side oppose this deal. And now, in keeping with the Iran
review act, the majority, a bipartisan majority, is wishing to have the
opportunity to vote on the substance of the deal.
What is happening is my friend the minority leader, who is here,
began saying in August that he wanted to filibuster this, and my
understanding is the administration has supported that. So what we have
now is a partisan minority of people who are keeping the spirit of the
Iran review act from coming into play by blocking our ability to
actually vote up or down. That is what is happening. I want to make
sure the American people understand that. I know Members of this body
understand that.
I want to close with this. Our majority leader, on every occasion
where there has been an opportunity for this to devolve into something
that was partisan and there was concern on the other side of the aisle
about certain things that were occurring, at every point, the majority
leader has acquiesced and agreed for things to progress in a way that
the minority would feel that this was not a partisan effort.
I wish to also point out that the majority leader, when we brought
this resolution of disapproval to the floor, filled the tree. He filled
the tree. My friends on the other side of the aisle did not want a
bunch of amendments; they wanted only to vote on a resolution of
approval or disapproval. In this case, since there is a bipartisan
majority in support of disapproval, that is what we are hoping to vote
on. But, unfortunately, what is happening again, it appears tonight
based on the spirit, although I hope something changes--just last week,
42 Senators blocked the ability of the Senate to end debate and
actually vote on the substance of the deal. I hope that changes. I hope
tonight at least two Senators on the other side of the aisle will give
us the ability to express ourselves on the substance of the deal and
not block a bipartisan majority of Members who want to express
themselves through a vote of disapproval.
I yield the floor, and I thank the Senator for the time.
The PRESIDING OFFICER. The Senator from Illinois.
Mr. DURBIN. Mr. President, the Senator from Tennessee is my friend. I
respect him. I have said so on the floor and have said so privately
among my colleagues. For the record, I want to make it clear, though,
that Senator Reid and the Democrats said there will be no cloture
necessary on the motion to proceed, no motion to proceed vote necessary
last week on the floor to go to this measure. We had an opportunity to
obstruct, to block, whatever you want to say, and we did not do it
because we believed that what we had heard repeatedly--that this would
be a 60-vote final passage--would ultimately be the standard. There is
nothing in the statute that brings us to this measure that in any way
eliminates the 60-vote requirement. It is just not there. There is
nothing that does that.
When my colleague's side discovered they did not have 60 votes, which
was the beginning of last week, they changed the standard and said: We
want a majority vote, and anything less than that is a filibuster. So
that was a Republican decision based on the fact that now 42 Democratic
Senators see this issue differently.
I would just say this: We have had 8 weeks on this issue, and we
should have taken 8 weeks on this issue. It is that important. And
every Senator should stand up and say where they stand on this issue,
and every Senator has stood up and announced where they stand on this
issue. This has not been glossed over. We have not made light of it.
People aren't trying to find some sneaky way to avoid responsibility.
Each person is on the record. You know where I stand, I know where you
stand, and that goes for every one of our colleagues.
So what are we doing tonight? Why are we going through a replay of
what we did last week, and now with the threat of amendments? Now we
are going to have a run of amendments. They won't be on the Iran
agreement per se, on the adoption of the agreement, which was the
underlying statute. They could be on something else. We are just
discovering what they could be.
To say we haven't taken the time and dealt with this in a bipartisan
way, dealt with it in a serious way, allowed open debate--we have done
it, and we have cooperated in doing it. My colleague doesn't like the
result. I happen
[[Page S6641]]
to believe it is a result that really reflects where we should be as a
nation.
I support the President. I believe we ought to have two goals here:
Stop Iran from developing a nuclear weapon and stop America from going
to another war in the Middle East. That is what I want achieved, and I
think we can achieve it through this agreement. But it is subject to
inspection, it is subject to reports, and if the Iranians decide they
want to breach this agreement, then we start back on the sanctions. We
are back where we started from.
I would say to the Senator from Tennessee, having, as he has, faced
these conscience votes on the floor about war and about the deaths
associated with them, I conclude: First try diplomacy. If diplomacy
does not work, then you have to pursue whatever is necessary for
national security. But I believe we have said--42 out of 46 Democratic
Senators--we support diplomacy first.
To argue that this is somehow partisan because four Senators see it
differently--I think there may be some partisanship in the fact that
not a single Republican Member of the House or Senate supports the
President's position--not one. I think there may be some partisanship
in the fact that 47 Republican Senators, on March 9, 2015, sent a
letter to the Ayatollah in Iran and said, basically, stop negotiating
with the United States of America. There is no point in it. That has
never ever, ever happened in diplomatic history--that 47 Republican
Senators would prejudge a matter under negotiation with the President
of the United States. But they did. So the fact that all 47 voted
against this agreement is no surprise. They announced in March they
were against the agreement no matter what it said. I think that is the
reality of what we face today.
I don't know why we are going to keep repeating these votes over and
over. There are a lot of things we should take up. We have nine
legislative days left until this fiscal year ends and we end up closing
down the government. I think it is time for us to move on to important
issues that should command the attention of the Senate.
The PRESIDING OFFICER. The majority leader.
Mr. McCONNELL. Mr. President, I am going to proceed under my leader
time.
I want to start by congratulating the chairman of the Foreign
Relations Committee for an incredible job in giving the Senate an
opportunity to actually express itself on what the President has
described as an executive agreement.
It is an executive agreement. I think it is important for everybody
to understand that the next President of the United States is going to
take a new look at this because it doesn't have the force of law of a
treaty. But the President didn't want us to have anything to do with it
at all. And the chairman of the Foreign Relations Committee, Senator
Corker, skillfully negotiated with the other side to give us an
opportunity, as elected representatives of the American people, to
actually express our views on his unilateral action with the Iranian
Government. We proceeded, as the Senator from Tennessee pointed out, in
a manner that respected the process and gave the Senate an opportunity
to vote on that deal only, even though technically it was open for
amendment. Yet we have been denied the opportunity to get an up-or-down
vote on the agreement on which the Corker-Cardin bill gave us an
opportunity to express ourselves.
So I congratulate the Senator from Tennessee. It has been an
extraordinary legislative performance. The Senator from Tennessee, as
we all know, is someone who admires and respects and is willing to talk
to the other side, and frequently good things come about as a result of
it. But we are where we are.
This evening, Senate Democrats will have one more opportunity to do
the right thing and end their blockade of a vote on the President's
deal with Iran. We know that a strong, bipartisan majority of the
Senate would vote to reject it. But Democratic leaders are determined
to do anything they can to prevent that vote from happening because
Democrats know the deal is indefensible--indefensible--on the merits.
The President's Iran deal would allow the world's leading state
sponsor of terrorism to retain thousands of centrifuges, to enrich
uranium, to conduct their research and development programs for
advanced centrifuges, and to reap a multibillion-dollar cash windfall
which would help it fund terrorist groups like Hezbollah.
Here is what the Iranian Defense Minister said just last week:
I officially declare that under no circumstances will we
refrain from providing material and moral support to
Hezbollah, or to any other group of the resistance to the
U.S. and Israel. We say this loud and clear.
That is the Iranian Defense Minister.
The assault on Israel and the assault on the United States continues
unabated. In other words, President Obama's Iran deal would likely
entrench Iran's nuclear capabilities, essentially help subsidize
terrorism, and threaten Israel--for what? For what? It is not as if the
Iranian regime is about to change its behavior. The Supreme Leader
crows that change ``will never happen'' as he rails against the Great
Satan--that is us--and promises Israel's demise. The scary thing about
this is that he is serious. He really means it. The scarier thing is
that the President's deal could empower his regime.
This is a gravely serious matter. The American people deserve to know
where their respective Senators stand on the President's deal.
Democrats seem to think they can end the discussion by blocking an
up-or-down vote, then turn around and pretend they care deeply about
Israel and human rights. Well, if they vote again to deny the American
people a final vote, they will have a chance to test the theory.
I will file an amendment that would prevent the President from
lifting sanctions until Iran meets two simple benchmarks: It must
formally recognize Israel's right to exist, and it must release the
American citizens being held in Iranian custody.
Let me say that again. If cloture is not invoked, I will file an
amendment that would prevent the President from lifting sanctions until
Iran meets two simple benchmarks: It must formally recognize Israel's
right to exist, and it must release American citizens being held in
Iranian custody.
The President has so far resisted linking his deal--a deal that fails
to end Iran's enrichment program, while leaving it as an American-
recognized nuclear threshold state--to other aspects of Iran's conduct,
but linkage is appropriate, and in this negotiation it would have been
wise to have linkage.
Indeed, Senators say they understand the importance of standing up
for an ally such as Israel in a dangerous region, and the Senate voted
unanimously just a few months ago in calling for Iranian leaders to
release these Americans.
Here is what one American prisoner--this is an American prisoner in
Iran, one of ours--wrote earlier this year:
As a fellow American and combat veteran, I am writing to
bring to your attention my situation and that of a long list
of my fellow Americans. For nearly three and a half years, I
have been falsely imprisoned and treated inhumanely. . . .
While I am thankful that the State Department and the Obama
administration has called for my release and that of my
fellow Americans, there has been no serious response to this
blatant and ongoing mistreatment. . . .
My strong preference is for our Democratic friends to simply allow an
up-or-down vote on the President's Iran deal. I don't know what they
are protecting him from. He is proud of this deal. As I suggested last
week, he could have a ceremony down there while he vetoed the
resolution of disapproval. He has convinced them to protect him from
what he is bragging about. But if they are determined to make that
impossible, then at the very least we should be able to provide some
protection to Israel and long-overdue relief to Americans who have
languished in Iranian custody for years.
So let me just say this. Either way, this debate will continue. This
is an issue with a very, very long shelf life. It will be before the
American people for the next year and a half and will certainly be a
factor in their determination of whom they want to lead our country as
President in the next election.
The PRESIDING OFFICER. The Democratic leader.
Mr. REID. Mr. President, it is hard for me to comprehend how my
Republican colleagues with a straight face can talk about ``Let's have
an up-or-down vote on this.'' We agreed to allow
[[Page S6642]]
Republicans to have an up-or-down vote. I asked consent on this floor
on two separate occasions, and I make the same request now. We are
willing to have a 60-vote threshold. That is an agreement we made, and
we are happy to do it. But for my friends now to say ``We want an up-
or-down vote,'' up-or-down votes on the magical number of 60 is what
they created. We didn't draft this legislation. It was brought through
committee to this floor. They thought they had--they, the Republicans,
thought everything was fine until they realized they didn't have enough
votes and suddenly they changed direction dramatically. Fifty votes
wasn't good enough for trying to raise the minimum wage. Certainly a
simple majority wasn't enough to do anything about the overwhelming
debt that faces the American people. It is not credit cards, it is
student debt. No, we couldn't debate that; we had to have 60 votes.
Equal pay for men and women? No, we are not going to allow that to
happen; what we want is to have 60 votes. That is the reason we had to
file cloture more than 600 times, because the rule had been established
by my Republican friend, the Republican leader, during the entire Obama
administration that that is the rule.
Here is what he said--and I have read on this floor all the multitude
of statements he has given saying it would be 60 votes: We are not
interesting in using floor time for get-well efforts. We only have so
much time on the Senate floor. If this isn't a get-well issue, I don't
know what would be. We had debate that took place over a long period of
time with this issue. It was debated during the August recess, it was
debated all last week on the floor, and the decision was made that the
measures brought before this body did not get enough votes. It didn't
get 60 votes. That is the threshold. We have agreed to have that vote,
and suddenly the rules are suddenly attempting to be changed here, and
they are not going to be changed.
It is a situation where I wonder if the Republican leader has
bothered to look at the calendar. We have 8 days now until we are at
the end of the fiscal year--8 days. We have 32 Republicans who have
written to the Speaker saying: We are not going to allow a bill to pass
unless we get rid of Planned Parenthood--health care for women. We have
had statements of people running for President over here who are saying
there will be nothing done on paying the government's bills unless we
do something about Planned Parenthood. Other people have made
statements that they want riders dealing with EPA and on and on.
Now, it would be different--maybe we wouldn't be as concerned, except
you did it once. You did it once. They closed the government for almost
3 weeks. Two years ago, the government was actually shut down for
almost 3 weeks.
We have staring us in the face the debt ceiling, which is going to be
upon us quickly. But, no, we are told that what we are going to deal
with next after this: We are going to do something that everyone knows
has no chance of passing, and that is something dealing with abortion.
I guess they want to do that before the Pope gets here. But it is not
going to change the Pope, how he feels about the fact that Republicans
have ignored poor people in America. It is not going to change the
Pope, how he feels about what is happening to our great world that we
live in, that we know, dealing with climate change. Republicans have
denied that climate change exists. So they can have a fake vote on
abortion. It is not going to change how Pope Francis feels about what
is happening, and it is all being directed towards the Republicans, and
he doesn't need--everyone knows what the problems are.
So we can be threatened all we need to be threatened. The Republican
leader has threatened us: We lost, and we are going to make you suffer.
Just like we lost ObamaCare.
We had over 600 votes to get rid of that. We may have more than that
to get rid of this agreement.
They have magnified this agreement. They have this agreement--oh, it
is doing all kinds of things. The purpose of this agreement, everyone
knows, is to stop Iran from having a nuclear weapon, and that is what
it does. That is the sole purpose of this agreement. And it is an
agreement that is so important. It is so important that we got Russia,
we got China, and the others, our allies--Germany, France--to sign off
on this, and Great Britain. To think, after all the years of
negotiating this through all of our friends and allies, including the
good work that has been done in this regarding Russia and China, to
think that suddenly it is going to be back the way it was. Every one of
these countries said: If you don't move forward on this agreement, we
are through. Sanctions are gone.
So this is not an intelligent debate because my friend the Republican
leader is trying to change the rules he developed. He created these
rules. He created the 60-vote threshold. We tried to change that
hundreds of times, but no.
Let's also remind everybody that we did not filibuster this bill. We
let the Republicans go to this bill. We let them go to the bill. We let
them go to the bill. There was no motion to proceed. And people
watching may say: What is that? Well, what the Republicans did time and
time again, even on measures they wanted passed, they would make us
file a motion to proceed and have cloture on that. That ate up a week's
period of time. In their mind, that was really tasty because it was
good, because it stopped Obama from moving his program ahead. Anything
to stall for time. Well, the 60-vote threshold was created by the
Republicans. That is the rule of this body, and we are sticking by the
rules of this body. It was created by the Republicans.
So we can be--I repeat--threatened all my friend the Republican
leader wants to threaten us. Whatever he wants to do, he has a right do
that. We are not going to be stalling for time. If he wants to tear
down a tree--remember the tree? Remember, Reid was the bad guy; he
filled the tree. I can't number the times my friend the Republican
leader has filled the tree--something he said would never happen. He
said bills wouldn't come to this body unless there were hearings and
they were reported out of committee. Of course, that is not true. Being
majority leader is not as easy as giving speeches.
What is going on tonight is a charade by the Republicans to try to
change the rules in the middle of the game. The Republicans have lost.
They have lost this measure. We should move on to something else. It
should be the budget. It shouldn't be abortion.
The PRESIDING OFFICER. The Senator from Tennessee.
Mr. CORKER. Mr. President, I do want to clarify, the bill
specifically states regular order. It is not the rule of the Senate
that final votes are on 60 votes. They are on a majority vote. I don't
want anybody in the Senate or certainly the public to think that
somehow we have a rule that bills pass on 60 votes. That is not the
case. That has been a tradition on major issues, but that is not the
rule. The bill specifically states we will settle under regular order,
which means when cloture is invoked--which hopefully will happen
tonight--we will have a simple majority vote, up or down.
Mr. REID. Could I ask my friend a question?
The PRESIDING OFFICER. Would the Senator yield for a question?
Mr. CORKER. If it is brief. I know people have a meeting to go to.
Mr. REID. Do you think this Iran issue is a major issue?
Mr. CORKER. It is a major issue.
Mr. REID. You answered your own question.
Mr. CORKER. I am hoping we are going to be able to vote our
conscience on this major issue by getting cloture invoked.
I ask unanimous consent to waive the mandatory quorum call with
respect to the cloture motions on amendment No. 2640 and H.J. Res. 61.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Cloture Motion
Pursuant to rule XXII, the Chair lays before the Senate the pending
cloture motion, which the clerk will state.
The legislative clerk read as follows:
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
do hereby move to bring to a close debate on Senate amendment
No. 2640.
Mitch McConnell, John Cornyn, John Barrasso, Bob Corker,
Steve Daines, David Perdue, Tom Cotton, Susan M.
Collins, Deb Fischer, Shelley Moore
[[Page S6643]]
Capito, Mike Crapo, Ron Johnson, Cory Gardner, Marco
Rubio, Lamar Alexander, James M. Inhofe, Mike Rounds.
The PRESIDING OFFICER. By unanimous consent, the mandatory quorum
call has been waived.
The question is, Is it the sense of the Senate that debate on
amendment No. 2640, offered by the Senator from Kentucky, Mr.
McConnell, to H.J. Res. 61, shall be brought to a close?
The yeas and nays are mandatory under the rule.
The clerk will call the roll.
The senior assistant legislative clerk called the roll.
Mr. CORNYN. The following Senators are necessarily absent: the
Senator from South Carolina (Mr. Graham) and the Senator from Kentucky
(Mr. Paul).
The PRESIDING OFFICER (Mr. Daines). Are there any other Senators in
the Chamber desiring to vote?
The yeas and nays resulted--yeas 56, nays 42, as follows:
[Rollcall Vote No. 265 Leg.]
YEAS--56
Alexander
Ayotte
Barrasso
Blunt
Boozman
Burr
Capito
Cardin
Cassidy
Coats
Cochran
Collins
Corker
Cornyn
Cotton
Crapo
Cruz
Daines
Enzi
Ernst
Fischer
Flake
Gardner
Grassley
Hatch
Heller
Hoeven
Inhofe
Isakson
Johnson
Kirk
Lankford
Lee
Manchin
McCain
McConnell
Menendez
Moran
Murkowski
Perdue
Portman
Risch
Roberts
Rounds
Rubio
Sasse
Schumer
Scott
Sessions
Shelby
Sullivan
Thune
Tillis
Toomey
Vitter
Wicker
NAYS--42
Baldwin
Bennet
Blumenthal
Booker
Boxer
Brown
Cantwell
Carper
Casey
Coons
Donnelly
Durbin
Feinstein
Franken
Gillibrand
Heinrich
Heitkamp
Hirono
Kaine
King
Klobuchar
Leahy
Markey
McCaskill
Merkley
Mikulski
Murphy
Murray
Nelson
Peters
Reed
Reid
Sanders
Schatz
Shaheen
Stabenow
Tester
Udall
Warner
Warren
Whitehouse
Wyden
NOT VOTING--2
Graham
Paul
The PRESIDING OFFICER. On this vote, the yeas are 56, the nays are
42.
Three-fifths of the Senators duly chosen and sworn not having voted
in the affirmative, the motion is rejected.
The majority leader.
Cloture Motion Withdrawn
Mr. McCONNELL. Mr. President, I ask unanimous consent that the
cloture motion with respect to H.J. Res. 61 be withdrawn.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Vote on Motion to Commit
Mr. McCONNELL. Mr. President, I move to table the motion to commit.
The PRESIDING OFFICER. The question is on agreeing to the motion to
table.
The motion was agreed to.
Vote on Amendment No. 2643
Mr. McCONNELL. Mr. President, I move to table amendment No. 2643.
The PRESIDING OFFICER. The question is on agreeing to the motion to
table.
The motion was agreed to.
Vote on Amendment No. 2641
Mr. McCONNELL. Mr. President, I move to table amendment No. 2641.
The PRESIDING OFFICER. The question is on agreeing to the motion to
table.
The motion was agreed to.
Amendment No. 2656 to Amendment No. 2640
Mr. McCONNELL. Mr. President, I have an amendment that is at the desk
that I ask the clerk to report.
The PRESIDING OFFICER. The clerk will report.
The bill clerk read as follows:
The Senator from Kentucky [Mr. McConnell] proposes an
amendment numbered 2656 to amendment No. 2640.
Mr. McCONNELL. Mr. President, I ask unanimous consent that the
reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To prohibit the President from waiving, suspending, reducing,
providing relief from, or otherwise limiting the application of
sanctions pursuant to an agreement related to the nuclear program of
Iran)
Strike line 3 and all that follows and insert the
following:
SECTION 1. REMOVAL OF AUTHORITY TO WAIVE, SUSPEND, REDUCE,
PROVIDE RELIEF FROM, OR OTHERWISE LIMIT THE
APPLICATION OF SANCTIONS PURSUANT TO AN
AGREEMENT RELATED TO THE NUCLEAR PROGRAM OF
IRAN.
(a) In General.--Notwithstanding any other provision of
law, the President may not--
(1) waive, suspend, reduce, provide relief from, or
otherwise limit the application of sanctions described in
subsection (b) or refrain from applying any such sanctions;
or
(2) remove a foreign person listed in Attachment 3 or
Attachment 4 to Annex II of the Joint Comprehensive Plan of
Action from the list of specially designated nationals and
blocked persons maintained by the Office of Foreign Asset
Control of the Department of the Treasury.
(b) Sanctions Described.--The sanctions described in this
subsection are--
(1) the sanctions described in sections 4 through 7.9 of
Annex II of the Joint Comprehensive Plan of Action; and
(2) the sanctions described in any other agreement related
to the nuclear program of Iran that includes the United
States, commits the United States to take action, or pursuant
to which the United States commits or otherwise agrees to
take action, regardless of the form it takes, whether a
political commitment or otherwise, and regardless of whether
it is legally binding.
(c) Exception.--The prohibitions under subsection (a) shall
not apply if the Islamic Republic of Iran--
(1) has released Jason Rezaian, Robert Levinson, Saeed
Abedini, and Amir Hekmati to the custody of the United
States; and
(2) formally recognizes the State of Israel as a sovereign
and independent state.
(d) Joint Comprehensive Plan of Action Defined.--In this
section, the term ``Joint Comprehensive Plan of Action''
means the Joint Comprehensive Plan of Action, signed at
Vienna on July 14, 2015, by Iran and by the People's Republic
of China, France, Germany, the Russian Federation, the United
Kingdom and the United States, with the High Representative
of the European Union for Foreign Affairs and Security
Policy, and all implementing materials and agreements related
to the Joint Comprehensive Plan of Action.
Mr. McCONNELL. I ask for the yeas and nays on my amendment.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The yeas and nays were ordered.
Amendment No. 2657 to Amendment No. 2656
Mr. McCONNELL. Mr. President, I have a second-degree amendment at the
desk.
The PRESIDING OFFICER. The clerk will report.
The bill clerk read as follows:
The Senator from Kentucky [Mr. McConnell] proposes an
amendment numbered 2657 to amendment No. 2656.
Mr. McCONNELL. I ask unanimous consent that the reading of the
amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
At the end add the following.
``This Act shall take effect 1 day after the date of
enactment.''
Amendment No. 2658
Mr. McCONNELL. Mr. President, I have an amendment to the text
proposed to be stricken.
The PRESIDING OFFICER. The clerk will report.
The bill clerk read as follows:
The Senator from Kentucky [Mr. McConnell] proposes an
amendment numbered 2658 to the language proposed to be
stricken by amendment No. 2640.
Mr. McCONNELL. Mr. President, I ask unanimous consent that the
reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
At the end add the following.
``This Act shall take effect 2 days after the date of
enactment.''
Mr. McCONNELL. Mr. President, I ask for the yeas and nays on my
amendment.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The yeas and nays were ordered.
Amendment No. 2659 to Amendment No. 2658
Mr. McCONNELL. Mr. President, I have a second-degree amendment at the
desk.
The PRESIDING OFFICER. The clerk will report.
The bill clerk read as follows:
The Senator from Kentucky [Mr. McConnell] proposes an
amendment numbered 2659 to amendment No. 2658.
[[Page S6644]]
Mr. McCONNELL. Mr. President, I ask unanimous consent that the
reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
Strike ``2'' and insert ``3''.
Motion to Commit With Amendment No. 2660
Mr. McCONNELL. Mr. President, I have a motion to commit with
instructions at the desk.
The PRESIDING OFFICER. The clerk will report the motion.
The bill clerk read as follows:
The Senator from Kentucky [Mr. McConnell] moves to commit
the joint resolution to the Foreign Relations Committee with
instructions to report back forthwith with an amendment
numbered 2660.
The amendment is as follows:
(Purpose: To prohibit the President from waiving, suspending, reducing,
providing relief from, or otherwise limiting the application of
sanctions pursuant to an agreement related to the nuclear program of
Iran)
Strike all after the enacting clause and insert the
following:
SECTION 1. REMOVAL OF AUTHORITY TO WAIVE, SUSPEND, REDUCE,
PROVIDE RELIEF FROM, OR OTHERWISE LIMIT THE
APPLICATION OF SANCTIONS PURSUANT TO AN
AGREEMENT RELATED TO THE NUCLEAR PROGRAM OF
IRAN.
(a) In General.--Notwithstanding any other provision of
law, the President may not--
(1) waive, suspend, reduce, provide relief from, or
otherwise limit the application of sanctions described in
subsection (b) or refrain from applying any such sanctions;
or
(2) remove a foreign person listed in Attachment 3 or
Attachment 4 to Annex II of the Joint Comprehensive Plan of
Action from the list of specially designated nationals and
blocked persons maintained by the Office of Foreign Asset
Control of the Department of the Treasury.
(b) Sanctions Described.--The sanctions described in this
subsection are--
(1) the sanctions described in sections 4 through 7.9 of
Annex II of the Joint Comprehensive Plan of Action; and
(2) the sanctions described in any other agreement related
to the nuclear program of Iran that includes the United
States, commits the United States to take action, or pursuant
to which the United States commits or otherwise agrees to
take action, regardless of the form it takes, whether a
political commitment or otherwise, and regardless of whether
it is legally binding.
(c) Exception.--The prohibitions under subsection (a) shall
not apply if the Islamic Republic of Iran--
(1) has released Jason Rezaian, Robert Levinson, Saeed
Abedini, and Amir Hekmati to the custody of the United
States; and
(2) formally recognizes the State of Israel as a sovereign
and independent state.
(d) Joint Comprehensive Plan of Action Defined.--In this
section, the term ``Joint Comprehensive Plan of Action''
means the Joint Comprehensive Plan of Action, signed at
Vienna on July 14, 2015, by Iran and by the People's Republic
of China, France, Germany, the Russian Federation, the United
Kingdom and the United States, with the High Representative
of the European Union for Foreign Affairs and Security
Policy, and all implementing materials and agreements related
to the Joint Comprehensive Plan of Action.
This act shall take effect 4 days after the date of
enactment.
Mr. McCONNELL. I ask for the yeas and nays on my motion.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The yeas and nays were ordered.
Amendment No. 2661
Mr. McCONNELL. Mr. President, I have an amendment to the
instructions.
The PRESIDING OFFICER. The clerk will report.
The bill clerk read as follows:
The Senator from Kentucky [Mr. McConnell] proposes an
amendment numbered 2661 to the instructions of the motion to
commit H.J. Res. 61.
Mr. McCONNELL. I ask unanimous consent that the reading of the
amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
On page 3, line 22, strike ``4'' and insert ``5''.
Mr. McCONNELL. I ask for the yeas and nays on my amendment.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The yeas and nays were ordered.
Amendment No. 2662 to Amendment No. 2661
Mr. McCONNELL. Mr. President, I have a second-degree amendment at the
desk.
The PRESIDING OFFICER. The clerk will report.
The bill clerk read as follows:
The Senator from Kentucky [Mr. McConnell] proposes an
amendment numbered 2662 to amendment No. 2661.
The amendment is as follows:
Strike ``5'' and insert ``6''.
Cloture Motion
Mr. McCONNELL. Mr. President, I send a cloture motion to the desk for
amendment No. 2656.
The PRESIDING OFFICER. The cloture motion having been presented under
rule XXII, the Chair directs the clerk to read the motion.
The bill clerk read as follows:
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
do hereby move to bring to a close debate on Senate amendment
No. 2656.
Mitch McConnell, John Cornyn, Roy Blunt, John Thune, Deb
Fischer, John Barrasso, Roger F. Wicker, Michael B.
Enzi, Shelley Moore Capito, Orrin G. Hatch, Rob
Portman, Mike Crapo, Richard C. Shelby, Pat Roberts,
Thad Cochran, Mike Rounds, David Perdue.
Cloture Motion
Mr. McCONNELL. Mr. President, I send a cloture motion to the desk for
amendment No. 2640.
The PRESIDING OFFICER. The cloture motion having been presented under
rule XXII, the Chair directs the clerk to read the motion.
The bill clerk read as follows:
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
do hereby move to bring to a close debate on Senate amendment
No. 2640.
Mitch McConnell, John Cornyn, Roy Blunt, John Thune, Deb
Fischer, John Barrasso, Roger F. Wicker, Michael B.
Enzi, Shelley Moore Capito, Orrin G. Hatch, Rob
Portman, Mike Crapo, Richard C. Shelby, Pat Roberts,
Thad Cochran, Mike Rounds, David Perdue.
Cloture Motion
Mr. McCONNELL. Mr. President, I send a cloture motion to the desk for
H.J. Res. 61.
The PRESIDING OFFICER. The cloture motion having been presented under
rule XXII, the Chair directs the clerk to read the motion.
The bill clerk read as follows:
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
do hereby move to bring to a close debate on H.J. Res. 61, a
joint resolution amending the Internal Revenue Code of 1986
to exempt employees with health coverage under TRICARE or the
Veterans Administration from being taken into account for
purposes of determining the employers to which the employer
mandate applies under the Patient Protection and Affordable
Care Act.
Mitch McConnell, John Cornyn, Roy Blunt, John Thune, Deb
Fischer, John Barrasso, Roger F. Wicker, Michael B.
Enzi, Shelley Moore Capito, Orrin G. Hatch, Rob
Portman, Mike Crapo, Richard C. Shelby, Pat Roberts,
Thad Cochran, Mike Rounds, David Perdue.
Mr. McCONNELL. Mr. President, I ask unanimous consent to waive the
mandatory quorum calls under these cloture motions.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
____________________