[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 ______ 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. ____________________