Countering Iran'S Destabilizing Activities Act Of 2017
Mr. President, let me return the compliment to Senator Corker. Senator Corker announced in his opening remarks about the bipartisan vote in our committee on the Iran sanctions bill. In the last Congress, we were able to get a unanimous…
Mr. President, let me return the compliment to Senator Corker.
Senator Corker announced in his opening remarks about the bipartisan vote in our committee on the Iran sanctions bill. In the last Congress, we were able to get a unanimous vote on the Iran bill. We, under the leadership of Senator Corker, fully recognized that particularly on foreign policy, our country is much stronger when we speak with a united voice, so bringing Democrats and Republicans together is in our national interest.
Senator Corker has listened to different views. He and I do have different views on many issues concerning foreign policy, but in almost every one of those cases, we have been able to reconcile those differences. That is true and it was very clear on the Iran sanctions and it is also very true on the Russia sanctions amendment that we will be voting on later today.
To Senator Corker, I just want my colleagues to know we have a leader on the Senate Foreign Relations Committee who puts America's national interests first and has respected the rights of every Senator, not only in the Senate Foreign Relations Committee but in the U.S. Senate, that can add to the richness of our discussions and debate. I think we are much stronger today because of that. This is a good example of that, and I am very proud to be supportive of all these efforts and supportive of how this came about because I think it is important for our colleagues and the American people to know about that.
Congressional Baseball Practice Shooting
Mr. President, Senator Corker and I both want to express, before we start our debate on this issue, our concerns for our colleagues who were victimized by the shooting that took place in Virginia--an outrageous event--and for our security people as well as the innocent bystanders who were struck by the gunfire. Our prayers are with those who are recovering. We hope they will have a complete recovery. We are committed to making sure we keep our Senate and congressional family safe, and we will do everything we can to make sure that takes place. We will continue to work to make sure we preserve the democratic ideals of this Nation and the free society we live in. We know there are rifts, and we know we can do service and stand by those democratic commitments but also keep America safe.
I think the work on the Senate Foreign Relations Committee had those goals in mind, and Senator Corker, through the Chair, I thank you for your attention to those details.
Mr. President, let me talk for a few minutes about S. 722, the Countering Iran's Destabilizing Activities Act. This bill will impose new sanctions on Iran for its nonnuclear violations. I want to make that clear--nonnuclear violations. Their responsibilities on the nuclear side is now judged by the nuclear agreement that was entered into. We had a great debate about it last year, and we are not going to rehash that debate. I think every Member of this Chamber wants to make sure Iran complies with its nuclear obligations, but that is a separate debate.
The debate we have here is on the nonnuclear activities of Iran that violate international norms and international agreements. We saw, for example, ballistic missile tests that violated their U.N. obligations that took place in January and in March.
We have seen a significant increase in illicit arms shipments being done by Iran, causing destabilizing activities in many parts of the region. We see it in Bahrain. We see it in Yemen. We see it in Iraq. We know they are supporting Hezbollah in Lebanon. We see they are supporting Hamas in Gaza, and we know about their activities in support of the Assad regime in Syria. This all violates international norms.
Iran today has violated, in an incredible way, human rights issues that violate international norms. Yesterday we saw a part of the impact of that as we had a debate on the Saudi arms sale, and we can argue the Saudi's culpability with what is going on in Yemen, but there is no question about Iran's activities supporting the Houthis in Yemen causing atrocities in that country. They are clearly very actively engaged in violating internationally recognized human rights. We also see cyber attacks on the United States that have come from Iran, and they are detaining at least five U.S. citizens today illegally.
There are increased activities in Iran in relation to the nonnuclear side of their activities. For that reason, S. 722 looks at strengthening the sanctions regime so we can make it clear, yes, we will comply with the JCPOA, the nuclear agreement, but we need to have better activities--improvement on the nonnuclear side.
Basically, the bill increases the sanctions menus that are available for ballistic missile violations, for support of terrorism, for human rights violations, and for violating the arms embargo. Those who knowingly do those violations or materially assist will be subject to additional sanctions by the United States.
We codify the IRGC, that was done by Executive order, and we codify some of these other Executive orders as it relates to Iran. We coordinate. This is done in a way that it coordinates with what Europe is doing and making sure it is a consistent approach that we have taken in the past.
We ask the administration to develop a regional strategy so the Congress and the American people know our policies in the Middle East. That provision was drafted before the Trump administration. This is a desire by Congress to have a better articulated regional strategy, recognizing the dangers in that region. Iran is a major player in the region against U.S. interests, and we need to know what our strategy is in confronting those challenges. Quite frankly, with the Trump administration, we haven't heard that coordinated strategy, and this legislation will require that report be given not just to Congress on a regular basis but to the American people.
I want to underscore how this agreement is totally consistent with the nuclear agreement that was entered into 2 years ago--the JCPOA, as it is referred to. I want to go through quickly how this came about. Senator Corker talked a little bit about it.
Senator Corker is absolutely correct. Senator Menendez has been a leader on Iran sanctions way before this Congress. He was very much involved in the original sanctions legislation passed by Congress. That led to putting enough pressure on the international community to join us, which ultimately led to Iran having no choice but to negotiate. Senator Corker and Senator Menendez had introduced legislation that was out there, and we had a chance to review it, which is how the process should work. As a result of that review, both Senator Corker, Senator Menendez, and I--all three of us--reached out to interested groups to understand what the Congress has done. Many of the people we talked to were involved in the negotiations with Iran who had different views than we did on the final outcome of that agreement, but we wanted to make sure we weren't violating any of the provisions of the JCPOA so we sought their input. As a result, there was revised legislation that was offered known as Corker-Menendez-Cardin, which incorporated the ideas of all three of us, but really the outside groups working with us, to make sure it was totally consistent with the JCPOA and consistent with the intent of the original bill. I think that bill was well scrubbed. I think it did not violate the JCPOA, but we went through another process, another review, another opportunity for those who could perhaps see things we don't see quite as clearly when it comes to Iran and our European allies. We went through a second scrubbing, and we had a managers' amendment that was offered in the Senate Foreign Relations Committee that tightened the bill up even more dealing with those issues.
I think I can state very confidently that there is nothing in the underlying bill that violates the U.S. commitment under the JCPOA nuclear agreement. It is my intent, and I think the intent of almost every member of this committee that the United States should comply with the JCPOA. Even though I didn't support it, I think it is important we comply with it today.
The other aspect I wanted to go through is that--and I don't want to give the wrong impression. There are people who are involved in the negotiations of the nuclear agreement who would state--some would say they oppose the bill, some might say it is not helpful, some might say Iran might take it the wrong way. Any one of those arguments aside, I do not think you will find anyone who says that it violates the JCPOA.
I want to give a little bit of history here because this was anticipated, that we would need this bill, when we acted on the JCPOA, by those of us who supported and opposed the nuclear agreement.
As the chairman will recall, shortly after the failure to reject the JCPOA--that action--I filed additional legislation that I thought was necessary, along with many of my colleagues, who voted for and voted against the JCPOA. I voted against it. Those who voted for it thought it was necessary. It included the regional strategy so that we would know what the administration was doing. We expedited procedures to deal with nonnuclear violations if Iran used the sanction relief they got under the nuclear agreement to increase their terrorist activities or ballistic missile activities or human rights violations. In fact, they have done that, and that is why we filed the bill right after the action on the nuclear agreement.
This is consistent with what we thought would be necessary. Yes, we had hoped Iran would change its activities, but we were not naive about it. We knew that this was going to be a long road. We knew that Iran did not respond to niceties and that we were going to have to keep the pressure up for them to be able to take the action that was needed.
I know many of us were encouraged when we saw the votes a couple of weeks ago in Iran whereby the Iranians voted for a more open society, a more transparent society. I must say that Iran has a wonderful history of very talented people who want democratic principles, and I am sure that is true among many of the people in Iran today. It is their leaders with whom we have an objection, not with the people of Iran. The people of Iran want a more open, democratic society. This legislation will help get to that point by making it clear to the leaders in Iran that they must change their behavior as it relates to terrorism, as it relates to human rights violations, as it relates to their other international obligations. That is the reason this bill has become so important.
Let me give one more example on the consistency.
There are many provisions that we have changed. One is that we all acknowledge that the United States and
our partners are fully at liberty to take action against Iran for terrorist activities, which is not part of the nuclear agreement, but there is some confusion as to how that is done in relationship to the sanctions relief that is provided under the JCPOA. In listening to their concerns, we will set up an independent review process within the next 5 years that will resolve that issue before we hit the 8-year mark so that we are not jeopardizing thwarting a crisis in the future that might occur. I really just want to point that out because this bill is totally consistent with the obligations of the United States under the Iran nuclear agreement.
Amendment No. 232, as Modified
I talked briefly yesterday about the amendment that is pending. I want to spend just a moment, if I might, in underscoring some of the details of the amendment that is passing.
I am for S. 722, and I am for the amendment that was crafted in the same spirit as was the underlying bill--in a bipartisan agreement. It involved not just the Senate Foreign Relations Committee but the Senate Banking, Housing, and Urban Affairs Committee because the jurisdictions on sanctions do overlap between the two committees.
As I said yesterday, I thank Senators Crapo and Brown--and Chairman Corker has already mentioned this--as they were extremely helpful in making sure that we tailored the financial sanctions in a way that is workable and consistent with that of our European partners so that we can make sure we have collective strength.
I am sure the Presiding Officer has been in meetings with our European friends and knows how they feel about Russia. He knows how they feel--that they are the direct bull's-eye with regard to what Russia is doing. They want the United States to be strong, and they want the United States to provide leadership, but we need to provide it in a manner that is consistent with their security interests. With regard to the way this bill has evolved, I think we have a better bill that is consistent with those concerns.
With Russia, we know their activities. We know their cyber activities against our democratic institutions. As we have said frequently, all countries collect cyber information, but the use of that cyber information to attack our democratic institutions is an attack on our country. That cannot go unchallenged. We have to protect ourselves and take action when we have been attacked. This bill does that.
We also know, not just recently but historically, that Russia has been very aggressive in its interfering with the sovereignty of other countries. Today, in Moldova and Georgia, you see the consequences of Russia's aggression. Of course, in Ukraine, with the annexation by Russia of Crimea and its continued activities in eastern Ukraine, Russia has violated every single commitment of the OSE's Helsinki Accords and has violated the sovereignty of other countries.
We also know about Russia's activities in support of the Assad regime in Syria and, by the way, in other countries in that region. It has assisted in horrible human rights violations--just terrible. We have seen some of the videos of the tragedies of innocent children as a result of Mr. Putin's support of the Assad regime.
In January of this year, Senator McCain and I introduced legislation that would have imposed new sanctions on Russia because of these activities. We wanted to make sure that this was bipartisan, so we had 18 Senators cosponsor the bill with us--10 Democrats, 10 Republicans-- to make it clear that this was not an attack on one administration but that this was America and that we had to be together in a strong message against the Putin regime. That bill included sanctions on cyber activities. It included sanctions on their Ukrainian activities. It included sanctions in regard to their Syrian activities. The legislation also incorporated what has been known as the Democracy Initiative, which provides ways in which we can provide a more unified front with our European allies in defending against the cyber attacks we have seen coming from Russia.
At the same time, Senator Graham filed a bill, with my cosponsorship, that would require congressional review before the President could give sanction relief to Russia. The review was patterned very similarly to the review we had under the Iran nuclear agreement.
So those two bills were pending, and there has been a lot of debate about them.
We then received a draft bill from Senators Crapo and Brown as it related to the sanctions. It was focused--I would not say exclusively but primarily--on the financial and energy sectors in order to make sure those sanctions were drafted in the proper way, and we went through considerable negotiations. Senator Corker, as I pointed out before, brought additional text to the discussion in an effort to try to bring this together.
Although I am mentioning Senators' names, we know it is the staff. Our staffs have been working around the clock to try to make sure we get this done right. So I thank the majority and minority staffs on the Banking, Housing, and Urban Affairs Committee and on the Senate Foreign Relations Committee.
There are many parts to the amendment that will be voted on at 2 p.m. One part codifies additional sanctions against Russia. I have already mentioned Senator Menendez's role in Iran. He was very instrumental as it relates to Russia. Senator Durbin has been very active. I must tell you that there has been no Member on the Democratic side who has been more vocal than Senator Shaheen on the need to take action against Russia. There are many Members on our side who were active on this. I thank my colleagues for their contribution.
We do codify the Executive orders that were issued that were related to both Ukraine and cyber attacks. With the adoption of this amendment, we would be codifying--giving congressional support for what took place by President Obama.
It expands the list of where sanctions can apply to the energy projects and foreign financial institutions that facilitate such projects. For actors who try to undermine cyber security, it provides for their being subject to sanctions, and it provides secondary sanctions for those who materially assist those actors in undermining our cyber security. It provides sanctions against suppliers of Russian arms to Syria. It goes after the actors who are involved in the corrupt privatization of Russia's governmental assets. We do not support those who are supporting Mr. Putin's corrupt regime. It deals with sanctions against Russia's activities on pipelines, the Russia railway, metals, mining, and shipping. So it is comprehensive, and most of these sanctions are mandatory. It is not ``may''; rather, it is that the President ``shall'' in most of these circumstances.
As is the tradition, the President also has the ability, if there is a significant national security issue, to weigh whether that sanction should be applied. Yet we use a different standard in most of these sanctions that requires the President to certify before he issues those waivers that there has been, basically, significant progress made by Russia in removing these sanctionable activities. So we have a pretty strong hand that we are giving President Trump in his negotiations with Mr. Putin.
In addition, this bill provides for congressional review. We talked about that--a bill that was originally introduced by Senator Graham and me. As I indicated, it is very similar to the Iran Review Act. I think this is very important in that it puts a lot of transparency into the negotiations between the Trump administration and the Putin administration.
As Senator Corker was talking about earlier as to how one President can do something by himself--and I hope that the amendment is adopted and that the bill passes the House and becomes law--the President cannot by himself remove a sanction until he has given Congress notice and an opportunity to review that. We can have congressional hearings. We can put a spotlight on it. Then we will have an expedited process whereby we could reject the President's decision to give relief, and all during that process the sanctions will remain in place.
It is a very strong congressional review, and it is our responsibility to do that, but it also brings in the American people and brings in a more transparent process. What we have found is
that, with that transparency, it is a much stronger hand that President Trump has in his negotiations, knowing that he has to go through this process at the end of the day in his negotiations with Russia.
Sometimes we call it the strength of our independent branches of government. The executive branch can say ``Look, we would like to move faster, but we have to do this with the legislative branch'' or ``We would like to do this, but we cannot get it through Congress.'' Use the independence of the Congress. We are certainly very strongly against what Russia is doing. Use that to increase the pressure on Russia to do the right thing. That is what this bill does. This is why it is helpful to the President of the United States to have this congressional review.
It would reply to anything from cyber sanctions that had been imposed under the Obama executive order to the attempt to return the compounds that are located in Maryland and New York. All of that would be subject to a congressional review before the action by the President could become effective.
I mentioned earlier that the bill does include the authorization of democracy funds, as I call it, that assist our allies in their fight against Russia's aggression, particularly in cyber. It authorizes $250 million, and it applies to our work with the EU member states, the NATO member States, as well as with candidate nations. It is a pretty strong opportunity for us to work together.
I have had many meetings with our European colleagues and friends. Yes, every country recognizes that it is vulnerable against Russia's attacks--believe me, they do--and they are doing everything they can to protect themselves. What I find disappointing is that there is not enough coordination. We know how they acted in the United States and how they acted in France and now how they are likely to act in Germany and what they did in Moldova. We know how they are likely to proceed, but do we have a common strategy to prevent this type of manipulation by Russia of our democratic institutions?
This authorization and the funding--I thank Senator Graham and Senator Leahy for putting money into the fiscal year 2017 budget to start this process going forward. We have approved that, and that is now in the budget. It allows us to coordinate those efforts among the United States and our European friends to protect against what we know is going to be continued activity by Russia.
There are obviously investigations going on. Part of the investigation is to understand what Russia is doing, quite frankly, so that we can protect ourselves. I think that will be very helpful, this information, and the role of the United States in working with our European allies to protect against certain continued malicious activities by the Russian Federation.
There is a provision in this bill that deals with Ukraine. We make it clear that we will not recognize Crimea's annexation of Ukraine, that we will continue to stand with the people of Ukraine in regard to their sovereignty, and we ask for a plan to reduce Ukraine's dependence on Russia energy imports.
We know that Ukraine is vulnerable because of energy, and we know that we have to develop a plan to deal with that. There are many Members involved in that, and I wish to acknowledge my friend from Ohio, Senator Portman, for his work in regard to the Ukraine provisions.
There are new counterterrorism financing provisions, which are pretty comprehensive, so that we make sure that we have all the tools we need in order to track the financing of terrorism activities. That is in there.
So let me just tell my colleague how proud I am to be associated with the underlying bill as well as the amendment that we are going to vote on at 2 o'clock. Both the underlying bill and the amendment were developed in the best of the bipartisan manners of the U.S. Senate.
I wish to thank, again, all of those who were involved to give us this opportunity to speak with a strong, united voice against the activities that Iran is doing globally and that are destabilizing so many countries through their terrorism and ballistic missiles and human rights violations and arms embargo violations, and to make it clear to the Russian Federation that we are not going to let them attack our country, that we are going to stand up to that and work to be sure to keep our allies safe.
With that, Mr. President, I suggest the absence of a quorum.