[Congressional Record Volume 165, Number 186 (Wednesday, November 20, 2019)]
[Senate]
[Pages S6720-S6722]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. KAINE (for himself, Mr. Perdue, Mr. Scott of South
Carolina, and Mr. Warner):
S. 2913. A bill to apply cooperative and small employer charity
pension plan rules to certain charitable employers whose primary exempt
purpose is providing services with respect to mothers and children; to
the Committee on Health, Education, Labor, and Pensions.
Mr. KAINE. Mr. President, today I am introducing the Protecting
Critical Services for Mothers and Babies Act, with my colleague Senator
Perdue. Enacting this bill will help ensure that mothers and infants
across the country continue to receive access to important health
programs.
About 700 women die each year in the United States from complications
during or after pregnancy, a problem that disproportionately affects
Black and American Indian/Alaskan Native women. In the face of these
challenges, organizations like March of Dimes provide services that
disseminate health information to pregnant women and mothers and
support care for premature and ill infants.
Inflexible funding rules and historically low interest rates have
combined to result in a sharp increase in March of Dimes' pension
funding obligations next year. This Act will extend more flexible rules
to organizations that have a long track record of serving maternal and
infant health needs. These rules, already offered to other
organizations, will continue to protect plan participants while also
smoothing out pension funding obligations. This change will ensure that
resources are not diverted away from important maternal and infant
health programs.
______
By Mr. LEAHY (for himself and Ms. Collins):
S. 2916. A bill to reauthorize the Runaway and Homeless Youth Act,
and for other purposes; to the Committee on the Judiciary.
Ms. COLLINS. Mr. President, I rise to join my colleague, the senior
Senator from Vermont, in introducing the Runaway and Homeless Youth and
Trafficking Prevention Act. This bill would update and reauthorize the
Runaway and Homeless Youth Act programs, which have provided life-
saving services and housing for America's homeless youth for more than
forty years.
Homelessness is affecting youth in unprecedented numbers. According
to a recent study by Voices of Youth Count, an estimated 4.2 million
young people experience homelessness at some point each year. Some of
these youth may stay away from home for a few nights, while others have
been living on the streets for years. Approximately 73 percent
experienced homelessness lasting more than one month. The study also
found that homelessness is just as prevalent in rural communities as it
is in urban communities.
And sadly, these statistics likely underestimate the scale of this
problem. This month, I met with teachers and specialists from Lewiston,
Maine, who work directly with young people in Lewiston High School
whose families experience homelessness. We talked about the pressures
that student homelessness places on teachers, school administrators,
and their already strapped resources, and, of course, on the children
and teens themselves. Although schools often serve as a first stop for
assistance, the Runaway and Homeless Youth and Trafficking Prevention
Act would reauthorize and strengthen the programs that help homeless
youth meet their immediate needs, and it would help secure long-term
residential services for those who cannot be reunified with their
families safely.
The three Runaway and Homeless Youth Act programs--the Basic Center
Program, the Street Outreach Program, and the Transitional Living
Program--help community-based organizations reach these young people
when they need support the most. These programs help runaway and
homeless youth avoid the juvenile justice system, and early
intervention can help them to escape victimization and trafficking.
As Chairman of the Senate Housing Appropriations Subcommittee,
working to end the scourge of homelessness--among both youth and
adults--has been one of my top priorities. Along with Senator Jack
Reed, I created a grant program to reduce youth homelessness. According
to the National Alliance to End Homelessness, there has been a 15
percent drop in chronic homelessness since 2007. We must build on this
success. Homeless youth should have the same opportunities to succeed
as their peers, and this bill is an important step in that direction.
In Maine, our homeless shelters are critical partners in the fight to
end human trafficking. Earlier this year, I hosted U.S. Secretary of
Housing and Urban Development Ben Carson in Lewiston. We visited New
Beginnings, where we saw firsthand how Runaway and Homeless Youth Act
resources are
[[Page S6721]]
providing essential safety nets for young people in need. Staff at New
Beginnings help young people with case management, find referrals to
local and State agencies, assist with housing needs and access to
shelter, and connect them to local educational and employment programs.
These programs produce results. In 2015, I held a hearing during
which Brittany Dixon, a former homeless youth from Auburn, Maine,
testified about her personal experience with New Beginnings. After
becoming homeless as a teenager, New Beginnings gave her the help and
support she needed to develop critical life skills and become self-
sufficient. She went on to earn a college degree and obtain a full-time
job as an education technician at an elementary school.
Mr. President, teens run away and become homeless for many reasons.
They are also at high risk of victimization, abuse, criminal activity,
and even death. The National Center for Missing and Exploited Children
estimates that, in 2017, one in seven of nearly 25,000 youth reported
to them as runaways were sex trafficking victims. In Maine, recent
reports show that of the more than 10,000 reported human trafficking
cases last year, 26 percent involved minors. Several hundreds of these
victims identified as runaway or homeless youth. This population is at
greater risk of suicide, unintended pregnancy, and substance abuse.
Many are unable to continue with school and are more likely to enter
our juvenile justice system.
Our bill focuses on this tragic problem by supporting wrap-around
services for victims of trafficking and sexual exploitation. Congress
has passed legislation in recent years to combat these horrific crimes
and support survivors, and the policies and tools included in the
Runaway and Homeless Youth and Trafficking Prevention Act are important
pieces of the Federal response to human trafficking.
The data also show that a growing number of homeless youth identify
as LGBT. According to the Voices of Youth Count report, LGBT young
people are twice as likely to be homeless. Our bill would ensure that
those seeking services through these Federal programs are not denied
assistance based on their race, color, religion, national origin, sex,
sexual orientation, gender identity, or disability.
Mr. President, the Runaway and Homeless Youth and Trafficking
Prevention Act will support those young people who run away, are kicked
out, or are disconnected from families. A caring and safe place to
sleep, eat, grow, study, and develop is critical for all young people.
The programs reauthorized through this legislation help extend those
basic services to the most vulnerable youth in our communities.
I thank Senator Leahy for his leadership on this bill and urge my
colleagues to support it.
______
By Mr. DURBIN:
S. 2922. A bill to permit Amtrak to bring civil actions in Federal
district court to enforce the right set forth in section 24308(c) of
title 49, United States Code, which gives intercity and commuter rail
passenger transportation preference over freight transportation in
using a rail line, junction, or crossing; to the Committee on Commerce,
Science, and Transportation.
Mr. DURBIN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 2922
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rail Passenger Fairness
Act''.
SEC. 2. FINDINGS.
(1) Congress created Amtrak under the Rail Passenger
Service Act of 1970 (Public Law 91-158).
(2) Amtrak began serving customers on May 1, 1971, taking
over the operation of most intercity passenger trains that
private, freight railroads were previously required to
operate. In exchange for assuming these passenger rail
operations, Amtrak was given access to the national rail
network.
(3) In return for relief from the obligation to provide
intercity passenger service, railroads over which Amtrak
operated (referred to in this section as ``host railroads'')
were expected to give Amtrak passenger trains preference over
freight trains when using the national rail network.
(4) In 1973, Congress passed the Amtrak Improvement Act of
1973 (Public Law 93-146), which gives intercity and commuter
rail passenger transportation preference over freight
transportation in using a rail line, junction, or crossing.
This right, which is now codified as section 24308(c) of
title 49, United States Code, states, ``Except in an
emergency, intercity and commuter rail passenger
transportation provided by or for Amtrak has preference over
freight transportation in using a rail line, junction, or
crossing unless the Board orders otherwise under this
subsection. A rail carrier affected by this subsection may
apply to the Board for relief. If the Board, after an
opportunity for a hearing under section 553 of title 5,
decides that preference for intercity and commuter rail
passenger transportation materially will lessen the quality
of freight transportation provided to shippers, the Board
shall establish the rights of the carrier and Amtrak on
reasonable terms.''.
(5) Many host railroads have ignored the law referred to in
paragraph (4) by refusing to give passenger rail the priority
to which it is statutorily entitled and giving freight
transportation the higher priority. As a result, Amtrak's on
time performance on most host railroads is poor, has declined
between 2014 through 2019, and continues to decline.
(6) According to Amtrak, 6,500,000 customers on State-
supported and long-distance trains arrived at their
destination late during fiscal year 2019. Nearly 70 percent
of these delays were caused by host railroads, amounting to a
total of 3,200,000 minutes. The largest cause of these delays
was freight train interference, which accounted for more than
1,000,000 minutes of delay for Amtrak passengers, or
approximately 2 years, because host railroads chose to give
freight trains priority.
(7) Poor on-time performance wastes taxpayer dollars.
According to a 2019 report by Amtrak's Office of Inspector
General, a 5 percent improvement of on-time performance on
all Amtrak routes would result in $12,100,000 in cost savings
to Amtrak in the first year. If on-time performance on long-
distance routes reached 75 percent for a year, Amtrak would
realize an estimated $41,900,000 in operating cost savings,
with a one-time savings of $336,000,000 due to a reduction in
equipment replacement needs.
(8) Historical data suggests that on-time performance on
host railroads is driven by the existence of an effective
means to enforce Amtrak's preference rights:
(A) Two months after the date of the enactment of the
Passenger Rail Investment and Improvement Act of 2008
(division B of Public Law 110-432), which included provisions
for the enforcement of these preference rights, was enacted,
the on-time performance of long-distance trains improved from
56 percent to 77 percent and Class I freight train
interference delays across all routes declined by 40 percent.
(B) One year after such date of enactment, freight train
interference delays had declined by 54 percent and the on-
time performance of long-distance trains reached 85 percent.
(C) In 2014, after some of the provisions in the Passenger
Rail Investment and Improvement Act of 2008 related to
enforcement of preference were ruled unconstitutional by a
D.C. Circuit Court, long-distance train on-time performance
declined from 72 percent to 50 percent, and freight train
interference delays increased 59 percent.
(D) The last time long-distance trains achieved an on-time
rate of more than 80 percent in a given month was February
2012.
(9) As a result of violations of Amtrak's right to
preference, Amtrak has been consistently unable on host
railroad networks to meet its congressionally mandated
mission and goals, which are codified in section 24101 of
title 49, United States Code (relating to providing on-time
and trip-time competitive service to its passengers).
(10) Amtrak does not have an effective mechanism to enforce
its statutory preference right in order to fulfill its
mission and goals. Only the Attorney General can bring a
civil action for equitable relief in a district court of the
United States to enforce Amtrak's preference rights.
(11) In Amtrak's entire history, the only enforcement
action initiated by the Attorney General was against the
Southern Pacific Transportation Company in 1979.
(12) Congress supports continued authority for the Attorney
General to initiate an action, but Amtrak should also be
entitled to bring a civil action before a Federal district
court to enforce its statutory preference rights.
SEC. 3. AUTHORIZE AMTRAK TO BRING A CIVIL ACTION TO ENFORCE
IT PREFERENCE RIGHTS.
(a) In General.--Section 24308(c) of title 49, United
States Code, is amended, by adding at the end the following:
``Notwithstanding sections 24103(a) and 24308(f), Amtrak
shall have the right to bring an action for equitable or
other relief in the United States District Court for the
District of Columbia, or in any jurisdiction in which Amtrak
resides or is found, to enforce the preference rights granted
under this subsection.''.
(b) Conforming Amendment.--Section 24103(a)(1) of title 49,
United States Code, is amended, in the matter preceding
subparagraph (A), by striking ``of this subsection'' and
inserting ``and subsection 24308(c)''.
[[Page S6722]]
SUBMITTED RESOLUTIONS
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SENATE RESOLUTION 435--REAFFIRMING THE IMPORTANCE OF THE GENERAL
SECURITY OF MILITARY INFORMATION AGREEMENT BETWEEN THE REPUBLIC OF
KOREA AND JAPAN, AND FOR OTHER PURPOSES
Mr. RISCH (for himself, Mr. Menendez, Mr. Inhofe, and Mr. Reed)
submitted the following resolution; which was referred to the Committee
on Foreign Relations:
S. Res. 435
Whereas the General Security of Military Information
Agreement (GSOMIA) between the Republic of Korea and Japan is
crucial to safeguarding United States and allied interests in
Northeast Asia and the broader Indo-Pacific region;
Whereas bilateral information sharing between the
Governments of the Republic of Korea and Japan is critical to
increasing trust and growing cooperation that advances shared
defense and security interests;
Whereas the Governments and people of Japan and the
Republic of Korea have made significant contributions to
advancing our shared defense partnership and promoting
trilateral cooperation;
Whereas defense cooperation among the United States, Japan,
and the Republic of Korea serves as a deterrent against
aggression from adversaries and external security threats as
well as against new and non-traditional challenges;
Whereas the suspension of GSOMIA directly harms United
States national security at a time when the Government of the
Democratic People's Republic of Korea is engaging in an
increased level of provocations, including 12 tests of over
20 ballistic missiles this year, including new types of
nuclear-capable land and sea-launched ballistic missiles;
Whereas the Governments of the People's Republic of China,
the Democratic People's Republic of Korea, and the Russian
Federation are seeking to capitalize on friction between the
Republic of Korea and Japan, and the resulting strain on
trilateral cooperation and on our bilateral alliances;
Whereas the Government and people of the United States
value the partnership of Japan and the Republic of Korea in
upholding regional security and prosperity, including by
safeguarding maritime security and freedom of navigation,
promoting investment and commerce, advocating for the rule of
law, and opposing the use of intimidation and force in the
Indo-Pacific; and
Whereas strengthening intelligence sharing is fundamental
to the future of trilateral cooperation, and to enabling the
Governments of the United States, Japan, and the Republic of
Korea to face the challenges posed by the Government of the
Democratic People's Republic of Korea's destabilizing
actions, the People's Republic of China, and other emerging
security threats: Now, therefore, be it
Resolved, That the Senate--
(1) reaffirms the importance of the General Security of
Military Information Agreement (GSOMIA) between the Republic
of Korea and Japan as a crucial military intelligence-sharing
agreement foundational to Indo-Pacific security and defense,
and specifically to countering nuclear and missile threats
from the Democratic People's Republic of Korea;
(2) underscores the vital role of the alliances between the
United States and Japan and the United States and the
Republic of Korea in promoting peace, stability, and security
in the Indo-Pacific region;
(3) highlights that friction between the Republic of Korea
and Japan only fractures the region and empowers its
agitators;
(4) urges the Republic of Korea to consider how to best
address potential measures that may undermine regional
security cooperation;
(5) encourages the Governments of Japan and the Republic of
Korea to take steps to rebuild trust and address the sources
of bilateral friction, insulate important defense and
security ties from other bilateral challenges, and pursue
cooperation on shared interests, such as a denuclearized
Korean peninsula, market-based trade and commerce, and a
stable Indo-Pacific region; and
(6) commits to strengthening and deepening diplomatic,
economic, security, and people-to-people ties between and
among the United States, Japan, and the Republic of Korea.
____________________